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1 | AN ACT to revise
the law by combining multiple enactments | ||||||||||||||||||||||||
2 | and making technical corrections.
| ||||||||||||||||||||||||
3 | Be it enacted
by the People of the State of Illinois, | ||||||||||||||||||||||||
4 | represented in the General
Assembly:
| ||||||||||||||||||||||||
5 | Section 1.
Nature of this Act. | ||||||||||||||||||||||||
6 | (a) This Act may
be cited as the First 2004 General | ||||||||||||||||||||||||
7 | Revisory Act. | ||||||||||||||||||||||||
8 | (b) This Act is
not intended to make any substantive change | ||||||||||||||||||||||||
9 | in the law. It consists of (i) combining revisories,
which | ||||||||||||||||||||||||
10 | reconcile conflicts that have arisen from multiple
amendments | ||||||||||||||||||||||||
11 | and enactments, and (ii) technical revisories, which
make | ||||||||||||||||||||||||
12 | technical corrections and revisions in the law. Some
combining | ||||||||||||||||||||||||
13 | revisories also include technical
revisions. | ||||||||||||||||||||||||
14 | (c) The Source
reference at the end of each included | ||||||||||||||||||||||||
15 | Section indicates the sources in the Session Laws of
Illinois | ||||||||||||||||||||||||
16 | that were used in the preparation of the text of that
Section. | ||||||||||||||||||||||||
17 | The text of the Section included in this Act is
intended to | ||||||||||||||||||||||||
18 | reconcile the different versions of the Section found
in the | ||||||||||||||||||||||||
19 | Public Acts included in the list of sources, but may
not | ||||||||||||||||||||||||
20 | include other versions of the Section to be found in
Public | ||||||||||||||||||||||||
21 | Acts not included in the list of sources. The list of
sources | ||||||||||||||||||||||||
22 | is not a part of the text of the Section.
| ||||||||||||||||||||||||
23 | (d) Public Acts
92-520 through 93-658 were considered in | ||||||||||||||||||||||||
24 | the preparation of the combining revisories included
in this | ||||||||||||||||||||||||
25 | Act. In combining revisories, underscoring is used to
indicate | ||||||||||||||||||||||||
26 | material not included in any of the multiple
amendments; it is | ||||||||||||||||||||||||
27 | not usually used to indicate material added by one
Public Act | ||||||||||||||||||||||||
28 | but absent from another. Similarly, striking indicates
| ||||||||||||||||||||||||
29 | material not stricken by any of the multiple
amendments; | ||||||||||||||||||||||||
30 | material stricken in one Public Act but not in another
is | ||||||||||||||||||||||||
31 | simply deleted. Many combining revisories contain no
striking | ||||||||||||||||||||||||
32 | or underscoring because no additional changes are
being made in | ||||||||||||||||||||||||
33 | the material that is being
combined. |
| |||||||
| |||||||
1 | Section 5.
The Regulatory Sunset Act is amended by changing
| ||||||
2 | Sections 4.22, 4.23, and 4.24 as
follows:
| ||||||
3 | (5 ILCS
80/4.22)
| ||||||
4 | Sec. 4.22.
Acts Act repealed
on January 1, 2012. The | ||||||
5 | following Acts are Act
is repealed on January 1, 2012:
| ||||||
6 | The Detection of
Deception Examiners Act. | ||||||
7 | The Home
Inspector License Act. | ||||||
8 | The Interior
Design Title Act. | ||||||
9 | The Massage
Licensing Act. | ||||||
10 | The Petroleum
Equipment Contractors Licensing Act. | ||||||
11 | The Professional
Boxing Act. | ||||||
12 | The Real Estate
Appraiser Licensing Act of 2002. | ||||||
13 | The Water Well
and Pump Installation Contractor's License | ||||||
14 | Act. | ||||||
15 | (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff.
7-1-02; | ||||||
16 | 92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499,
eff. 1-1-02; | ||||||
17 | 92-500, eff. 12-18-01; 92-618, eff. 7-11-02; 92-651,
eff. | ||||||
18 | 7-11-02; 92-860, eff. 6-1-03; revised
1-18-03.)
| ||||||
19 | (5 ILCS
80/4.23)
| ||||||
20 | Sec. 4.23.
Acts and Sections
Act Section repealed on
| ||||||
21 | January 1, 2013. The following
Acts and Sections of Acts are
| ||||||
22 | Act Section is repealed
on January 1, 2013: | ||||||
23 | The Dietetic and
Nutrition Services Practice Act. | ||||||
24 | The Elevator
Safety and Regulation Act. | ||||||
25 | The Funeral
Directors and Embalmers Licensing Code. | ||||||
26 | The Naprapathic
Practice Act. | ||||||
27 | The Professional
Counselor and Clinical Professional | ||||||
28 | Counselor Licensing Act. | ||||||
29 | The Wholesale
Drug Distribution Licensing Act. | ||||||
30 | Section 2.5 of
the Illinois Plumbing License Law. | ||||||
31 | (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff.
7-11-02; | ||||||
32 | 92-642, eff. 7-11-02; 92-655, eff. 7-16-02; 92-719,
eff. | ||||||
33 | 7-25-02; 92-778, eff. 8-6-02; 92-873, eff. 6-1-03;
revised |
| |||||||
| |||||||
1 | 1-18-03.)
| ||||||
2 | (5 ILCS
80/4.24)
| ||||||
3 | (This Section may
contain text from a Public Act with a | ||||||
4 | delayed effective date )
| ||||||
5 | Sec. 4.24.
Acts repealed on January 1, 2014. The following
| ||||||
6 | Acts are repealed on January 1, 2014:
| ||||||
7 | The Electrologist
Licensing Act. | ||||||
8 | The Illinois
Certified Shorthand Reporters Act of 1984. | ||||||
9 | The Illinois
Occupational Therapy Practice Act. | ||||||
10 | The Illinois
Public Accounting Act. | ||||||
11 | The Private
Detective, Private Alarm, Private Security, | ||||||
12 | and Locksmith Act of 2004. | ||||||
13 | The Registered
Surgical Assistant and Registered Surgical | ||||||
14 | Technologist Title Protection Act.
| ||||||
15 | The Veterinary
Medicine and Surgery Practice Act of 2004. | ||||||
16 | (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff.
1-1-03; | ||||||
17 | 93-280, eff. 7-1-04; 93-281, eff. 12-31-03; 93-438,
eff. | ||||||
18 | 8-5-03; 93-460, eff. 8-8-03; 93-461, eff. 8-8-03;
revised | ||||||
19 | 9-23-03.) | ||||||
20 | Section 10.
The Illinois Administrative Procedure Act is | ||||||
21 | amended by changing Sections 1-5 and 1-20 as
follows:
| ||||||
22 | (5 ILCS
100/1-5) (from Ch. 127, par.
1001-5)
| ||||||
23 | Sec. 1-5.
Applicability.
| ||||||
24 | (a) This Act
applies to every agency as defined in this | ||||||
25 | Act. Beginning January 1, 1978, in case of conflict
between the | ||||||
26 | provisions of this Act and the Act creating or
conferring power | ||||||
27 | on an agency, this Act shall control. If, however, an
agency | ||||||
28 | (or its predecessor in the case of an agency that has
been | ||||||
29 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
30 | 1977, specifically for contested cases or licensing,
those | ||||||
31 | existing provisions control, except that this
exception | ||||||
32 | respecting contested cases and licensing does not
apply if the | ||||||
33 | Act creating or conferring power on the agency adopts
by |
| |||||||
| |||||||
1 | express reference the provisions of this Act. Where
the Act | ||||||
2 | creating or conferring power on an agency establishes
| ||||||
3 | administrative procedures not covered by this Act,
those | ||||||
4 | procedures shall remain in effect.
| ||||||
5 | (b) The
provisions of this Act do not apply to (i) | ||||||
6 | preliminary hearings, investigations, or practices
where no | ||||||
7 | final determinations affecting State funding are made
by the | ||||||
8 | State Board of Education, (ii) legal opinions issued
under | ||||||
9 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
10 | and universities, their disciplinary and grievance
| ||||||
11 | proceedings, academic irregularity and capricious
grading | ||||||
12 | proceedings, and admission standards and procedures,
and (iv) | ||||||
13 | the class specifications for positions and individual
position | ||||||
14 | descriptions prepared and maintained under the
Personnel Code. | ||||||
15 | Those class specifications shall, however, be made
reasonably | ||||||
16 | available to the public for inspection and copying.
The | ||||||
17 | provisions of this Act do not apply to hearings under
Section | ||||||
18 | 20 of the Uniform Disposition of Unclaimed Property
Act. | ||||||
19 | (c) Section 5-35
of this Act relating to procedures for | ||||||
20 | rulemaking does not apply to the
following:
| ||||||
21 | (1)
Rules adopted by the Pollution Control Board that, | ||||||
22 | in accordance with Section 7.2
of the Environmental | ||||||
23 | Protection Act, are identical
in substance to federal | ||||||
24 | regulations or amendments to
those regulations | ||||||
25 | implementing the following:
Sections 3001, 3002, 3003, | ||||||
26 | 3004, 3005, and 9003 of the
Solid Waste Disposal Act; | ||||||
27 | Section 105 of the
Comprehensive Environmental Response, | ||||||
28 | Compensation, and Liability
Act of 1980; Sections 307(b), | ||||||
29 | 307(c), 307(d), 402(b)(8), and
402(b)(9) of the Federal | ||||||
30 | Water Pollution Control Act;
and Sections 1412(b), | ||||||
31 | 1414(c), 1417(a), 1421, and
1445(a) of the Safe Drinking | ||||||
32 | Water Act.
| ||||||
33 | (2)
Rules adopted by the Pollution Control Board that | ||||||
34 | establish or amend standards
for the emission of | ||||||
35 | hydrocarbons and carbon
monoxide from gasoline powered | ||||||
36 | motor vehicles subject to
inspection under Section 13A-105 |
| |||||||
| |||||||
1 | of the Vehicle Emissions
Inspection Law and rules adopted | ||||||
2 | under Section 13B-20 of the
Vehicle Emissions Inspection | ||||||
3 | Law of 1995.
| ||||||
4 | (3)
Procedural rules adopted by the Pollution Control | ||||||
5 | Board governing requests for
exceptions under Section 14.2 | ||||||
6 | of the Environmental
Protection Act.
| ||||||
7 | (4)
The Pollution Control Board's grant, pursuant to an | ||||||
8 | adjudicatory determination, of
an adjusted standard for | ||||||
9 | persons who can justify an
adjustment consistent with | ||||||
10 | subsection (a) of Section 27
of the Environmental | ||||||
11 | Protection Act.
| ||||||
12 | (5)
Rules adopted by the Pollution Control Board that | ||||||
13 | are identical in substance to
the regulations adopted by | ||||||
14 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
15 | paragraph (b) of subsection
(3) of Section 2 of the | ||||||
16 | Gasoline Storage
Act. | ||||||
17 | (d) Pay rates
established under Section 8a of the Personnel | ||||||
18 | Code shall be amended or repealed pursuant to the
process set | ||||||
19 | forth in Section 5-50 within 30 days after it becomes
necessary | ||||||
20 | to do so due to a conflict between the rates and the
terms of a | ||||||
21 | collective bargaining agreement covering the
compensation of | ||||||
22 | an employee subject to that Code.
| ||||||
23 | (e) Section 10-45
of this Act shall not apply to any | ||||||
24 | hearing, proceeding, or investigation conducted under
Section | ||||||
25 | 13-515 of the Public Utilities Act.
| ||||||
26 | (f) Article 10 of
this Act does not apply to any hearing, | ||||||
27 | proceeding, or investigation conducted by the State
Council for | ||||||
28 | the State of Illinois created under Section 3-3-11.05
of the | ||||||
29 | Unified Code of Corrections or by the Interstate
Commission | ||||||
30 | Commision for Adult
Offender Supervision created under the | ||||||
31 | Interstate Compact for Adult Offender
Supervision. | ||||||
32 | (Source: P.A. 92-571, eff. 6-26-02; revised
7-25-02.) | ||||||
33 | (5 ILCS
100/1-20) (from Ch. 127, par.
1001-20) | ||||||
34 | Sec. 1-20.
"Agency" means each officer, board, commission, | ||||||
35 | and agency created by the Constitution, whether in the
|
| |||||||
| |||||||
1 | executive, legislative, or judicial branch of State
| ||||||
2 | government, but other than the circuit court; each
officer, | ||||||
3 | department, board, commission, agency, institution,
authority, | ||||||
4 | university, and body politic and corporate of the
State; each | ||||||
5 | administrative unit or corporate outgrowth of the
State | ||||||
6 | government that is created by or pursuant to statute,
other | ||||||
7 | than units of local government and their officers,
school | ||||||
8 | districts, and boards of election commissioners; and
each | ||||||
9 | administrative unit or corporate outgrowth of the
above and as | ||||||
10 | may be created by executive order of the Governor.
"Agency", | ||||||
11 | however, does not include the following:
| ||||||
12 | (1)
The House of Representatives and Senate and their | ||||||
13 | respective standing and
service committees, including | ||||||
14 | without limitation the Board
of the Office of the Architect | ||||||
15 | of the Capitol and the
Architect of the Capitol established | ||||||
16 | under the Legislative
Commission Reorganization Act of | ||||||
17 | 1984.
| ||||||
18 | (2)
The Governor.
| ||||||
19 | (3)
The justices and judges of the Supreme and | ||||||
20 | Appellate Courts.
| ||||||
21 | (4)
The Legislative Ethics Commission. | ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03; 93-632, eff.
2-1-04; | ||||||
23 | revised 1-9-04.) | ||||||
24 | Section 15.
The Open Meetings Act is amended by changing | ||||||
25 | Section 2 as follows:
| ||||||
26 | (5 ILCS
120/2) (from Ch. 102, par.
42)
| ||||||
27 | Sec. 2.
Open meetings.
| ||||||
28 | (a) Openness
required. All meetings of public bodies shall | ||||||
29 | be open to the public unless excepted in subsection
(c) and | ||||||
30 | closed in accordance with Section 2a.
| ||||||
31 | (b) Construction
of exceptions. The exceptions contained | ||||||
32 | in subsection (c) are in derogation of the requirement
that | ||||||
33 | public bodies meet in the open, and therefore, the
exceptions | ||||||
34 | are to be strictly construed, extending only to
subjects |
| |||||||
| |||||||
1 | clearly within their scope. The exceptions authorize
but do not | ||||||
2 | require the holding of a closed meeting to discuss a
subject | ||||||
3 | included within an enumerated exception.
| ||||||
4 | (c) Exceptions. A
public body may hold closed meetings to | ||||||
5 | consider the following subjects:
| ||||||
6 | (1)
The appointment, employment, compensation, | ||||||
7 | discipline, performance, or
dismissal of specific | ||||||
8 | employees of the public body
or legal counsel for the | ||||||
9 | public body, including hearing
testimony on a complaint | ||||||
10 | lodged against an employee of
the public body or against | ||||||
11 | legal counsel for the public
body to determine its | ||||||
12 | validity.
| ||||||
13 | (2)
Collective negotiating matters between the public | ||||||
14 | body and its employees or
their representatives, or | ||||||
15 | deliberations concerning
salary schedules for one or more | ||||||
16 | classes of
employees.
| ||||||
17 | (3)
The selection of a person to fill a public office, | ||||||
18 | as defined in this Act,
including a vacancy in a public | ||||||
19 | office, when the public body
is given power to appoint | ||||||
20 | under law or ordinance, or the
discipline, performance or | ||||||
21 | removal of the occupant of a
public office, when the public | ||||||
22 | body is given power to remove
the occupant under law or | ||||||
23 | ordinance.
| ||||||
24 | (4)
Evidence or testimony presented in open hearing, or | ||||||
25 | in closed hearing where
specifically authorized by law, to | ||||||
26 | a quasi-adjudicative body, as
defined in this Act, provided | ||||||
27 | that the body prepares and
makes available for public | ||||||
28 | inspection a written decision
setting forth its | ||||||
29 | determinative
reasoning.
| ||||||
30 | (5)
The purchase or lease of real property for the use | ||||||
31 | of the public body, including
meetings held for the purpose | ||||||
32 | of discussing whether a
particular parcel should be | ||||||
33 | acquired.
| ||||||
34 | (6)
The setting of a price for sale or lease of | ||||||
35 | property owned by the public
body.
| ||||||
36 | (7)
The sale or purchase of securities, investments, or
|
| |||||||
| |||||||
1 | investment
contracts.
| ||||||
2 | (8)
Security procedures and the use of personnel and | ||||||
3 | equipment to respond to an
actual, a threatened, or a | ||||||
4 | reasonably potential danger to
the safety of employees, | ||||||
5 | students, staff, the public,
or public property.
| ||||||
6 | (9)
Student disciplinary cases.
| ||||||
7 | (10)
The placement of individual students in special | ||||||
8 | education programs and other
matters relating to | ||||||
9 | individual
students.
| ||||||
10 | (11)
Litigation, when an action against, affecting or | ||||||
11 | on behalf of the particular
public body has been filed and | ||||||
12 | is pending before a court or
administrative tribunal, or | ||||||
13 | when the public body finds
that an action is probable or | ||||||
14 | imminent, in which case the
basis for the finding shall be | ||||||
15 | recorded and entered into the
minutes of the closed | ||||||
16 | meeting.
| ||||||
17 | (12)
The establishment of reserves or settlement of | ||||||
18 | claims as provided in the
Local Governmental and | ||||||
19 | Governmental Employees Tort
Immunity Act, if otherwise the | ||||||
20 | disposition of a claim or
potential claim might be | ||||||
21 | prejudiced, or the review or
discussion of claims, loss or | ||||||
22 | risk management information,
records, data, advice or | ||||||
23 | communications from or with
respect to any insurer of the | ||||||
24 | public body or any
intergovernmental risk management | ||||||
25 | association or self insurance
pool of which the public body | ||||||
26 | is a member.
| ||||||
27 | (13)
Conciliation of complaints of discrimination in | ||||||
28 | the sale or rental of housing,
when closed meetings are | ||||||
29 | authorized by the law or
ordinance prescribing fair housing | ||||||
30 | practices and creating a
commission or administrative | ||||||
31 | agency for their
enforcement.
| ||||||
32 | (14)
Informant sources, the hiring or assignment of | ||||||
33 | undercover personnel or
equipment, or ongoing, prior or | ||||||
34 | future criminal
investigations, when discussed by a public | ||||||
35 | body with criminal
investigatory responsibilities.
| ||||||
36 | (15)
Professional ethics or performance when |
| |||||||
| |||||||
1 | considered by an advisory body
appointed to advise a | ||||||
2 | licensing or regulatory agency
on matters germane to the | ||||||
3 | advisory body's field of
competence.
| ||||||
4 | (16)
Self evaluation, practices and procedures or | ||||||
5 | professional ethics, when
meeting with a representative of | ||||||
6 | a statewide association of
which the public body is a | ||||||
7 | member.
| ||||||
8 | (17)
The recruitment, credentialing, discipline or | ||||||
9 | formal peer review of
physicians or other health care | ||||||
10 | professionals for a hospital,
or other institution | ||||||
11 | providing medical care, that
is operated by the public | ||||||
12 | body.
| ||||||
13 | (18)
Deliberations for decisions of the Prisoner | ||||||
14 | Review Board.
| ||||||
15 | (19)
Review or discussion of applications received | ||||||
16 | under the Experimental Organ
Transplantation Procedures | ||||||
17 | Act.
| ||||||
18 | (20)
The classification and discussion of matters | ||||||
19 | classified as confidential or
continued confidential by | ||||||
20 | the State Employees Suggestion
Award Board.
| ||||||
21 | (21)
Discussion of minutes of meetings lawfully closed | ||||||
22 | under this Act, whether for
purposes of approval by the | ||||||
23 | body of the minutes or
semi-annual review of the minutes as | ||||||
24 | mandated by Section
2.06.
| ||||||
25 | (22)
Deliberations for decisions of the State | ||||||
26 | Emergency Medical Services
Disciplinary Review Board.
| ||||||
27 | (23)
The operation by a municipality of a municipal | ||||||
28 | utility or the operation of a
municipal power agency or | ||||||
29 | municipal natural gas agency
when the discussion involves | ||||||
30 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
31 | of electricity or natural gas
or (ii) the results or | ||||||
32 | conclusions of load forecast
studies.
| ||||||
33 | (24)
Meetings of a residential health care facility | ||||||
34 | resident sexual assault and
death review team or the | ||||||
35 | Residential Health Care
Facility Resident Sexual Assault | ||||||
36 | and Death Review Teams
Executive Council under the |
| |||||||
| |||||||
1 | Residential Health Care
Facility Resident Sexual Assault | ||||||
2 | and Death Review Team
Act. | ||||||
3 | (d) Definitions.
For purposes of this Section: | ||||||
4 | "Employee" means
a person employed by a public body whose | ||||||
5 | relationship with the public body constitutes an
| ||||||
6 | employer-employee relationship under the usual common
law | ||||||
7 | rules, and who is not an independent
contractor. | ||||||
8 | "Public office"
means a position created by or under the | ||||||
9 | Constitution or laws of this State, the occupant of
which is | ||||||
10 | charged with the exercise of some portion of the
sovereign | ||||||
11 | power of this State. The term "public office" shall
include | ||||||
12 | members of the public body, but it shall not include
| ||||||
13 | organizational positions filled by members thereof,
whether | ||||||
14 | established by law or by a public body itself, that
exist to | ||||||
15 | assist the body in the conduct of its
business. | ||||||
16 | "Quasi-adjudicative
body" means an administrative body | ||||||
17 | charged by law or ordinance with the responsibility to
conduct | ||||||
18 | hearings, receive evidence or testimony and make
| ||||||
19 | determinations based thereon, but does not include
local | ||||||
20 | electoral boards when such bodies are considering
petition | ||||||
21 | challenges. | ||||||
22 | (e) Final action.
No final action may be taken at a closed | ||||||
23 | meeting. Final action shall be preceded by a public
recital of | ||||||
24 | the nature of the matter being considered and other
information | ||||||
25 | that will inform the public of the business being
conducted.
| ||||||
26 | (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03;
93-422, | ||||||
27 | eff. 8-5-03; 93-577, eff. 8-21-03; revised
9-8-03) | ||||||
28 | Section 20.
The Illinois Public Labor Relations Act is | ||||||
29 | amended by changing Section 9 as
follows:
| ||||||
30 | (5 ILCS
315/9) (from Ch. 48, par.
1609)
| ||||||
31 | Sec. 9.
Elections; recognition.
| ||||||
32 | (a) Whenever in
accordance with such regulations as may be | ||||||
33 | prescribed by the Board a petition has been
filed:
| ||||||
34 | (1)
by a public employee or group of public employees
|
| |||||||
| |||||||
1 | or any labor organization
acting in their behalf | ||||||
2 | demonstrating that 30% of the
public employees in an | ||||||
3 | appropriate unit (A) wish to
be represented for the | ||||||
4 | purposes of collective
bargaining by a labor organization | ||||||
5 | as exclusive representative,
or (B) asserting that the | ||||||
6 | labor organization which has
been certified or is currently | ||||||
7 | recognized by the public
employer as bargaining | ||||||
8 | representative is no longer
the representative of the | ||||||
9 | majority of public employees
in the unit; or
| ||||||
10 | (2)
by a public employer alleging that one or more | ||||||
11 | labor organizations have
presented to it a claim that they | ||||||
12 | be recognized as the
representative of a majority of the | ||||||
13 | public employees in an
appropriate unit, | ||||||
14 | the Board shall investigate such petition, and if it
has | ||||||
15 | reasonable cause to believe that a question of
representation | ||||||
16 | exists, shall provide for an appropriate hearing upon
due | ||||||
17 | notice. Such hearing shall be held at the offices of
the Board | ||||||
18 | or such other location as the Board deems appropriate.
If it | ||||||
19 | finds upon the record of the hearing that a question
of | ||||||
20 | representation exists, it shall direct an election in
| ||||||
21 | accordance with subsection (d) of this Section, which
election | ||||||
22 | shall be held not later than 120 days after the date
the | ||||||
23 | petition was filed regardless of whether that petition
was | ||||||
24 | filed before or after the effective date of this
amendatory Act | ||||||
25 | of 1987; provided, however, the Board may extend the
time for | ||||||
26 | holding an election by an additional 60 days if, upon
motion by | ||||||
27 | a person who has filed a petition under this Section
or is the | ||||||
28 | subject of a petition filed under this Section and is
a party | ||||||
29 | to such hearing, or upon the Board's own motion, the
Board | ||||||
30 | finds that good cause has been shown for extending the
election | ||||||
31 | date; provided further, that nothing in this Section
shall | ||||||
32 | prohibit the Board, in its discretion, from extending
the time | ||||||
33 | for holding an election for so long as may be
necessary under | ||||||
34 | the circumstances, where the purpose for such
extension is to | ||||||
35 | permit resolution by the Board of an unfair labor
practice | ||||||
36 | charge filed by one of the parties to a
representational |
| |||||||
| |||||||
1 | proceeding against the other based upon conduct which
may | ||||||
2 | either affect the existence of a question concerning
| ||||||
3 | representation or have a tendency to interfere with a
fair and | ||||||
4 | free election, where the party filing the charge has
not filed | ||||||
5 | a request to proceed with the election; and provided
further | ||||||
6 | that prior to the expiration of the total time
allotted for | ||||||
7 | holding an election, a person who has filed a petition
under | ||||||
8 | this Section or is the subject of a petition filed
under this | ||||||
9 | Section and is a party to such hearing or the Board,
may move | ||||||
10 | for and obtain the entry of an order in the circuit
court of | ||||||
11 | the county in which the majority of the public
employees sought | ||||||
12 | to be represented by such person reside, such order
extending | ||||||
13 | the date upon which the election shall be held. Such
order | ||||||
14 | shall be issued by the circuit court only upon a
judicial | ||||||
15 | finding that there has been a sufficient showing that
there is | ||||||
16 | good cause to extend the election date beyond such
period and | ||||||
17 | shall require the Board to hold the election as soon
as is | ||||||
18 | feasible given the totality of the circumstances. Such
120 day | ||||||
19 | period may be extended one or more times by the
agreement of | ||||||
20 | all parties to the hearing to a date certain without
the | ||||||
21 | necessity of obtaining a court order. Nothing in this
Section | ||||||
22 | prohibits the waiving of hearings by stipulation for
the | ||||||
23 | purpose of a consent election in conformity with the
rules and | ||||||
24 | regulations of the Board or an election in a unit
agreed upon | ||||||
25 | by the parties. Other interested employee
organizations may | ||||||
26 | intervene in the proceedings in the manner and within
the time | ||||||
27 | period specified by rules and regulations of the
Board. | ||||||
28 | Interested parties who are necessary to the
proceedings may | ||||||
29 | also intervene in the proceedings in the manner and
within the | ||||||
30 | time period specified by the rules and regulations of
the | ||||||
31 | Board. | ||||||
32 | (a-5) The Board
shall designate an exclusive | ||||||
33 | representative for purposes of collective bargaining
when the | ||||||
34 | representative demonstrates a showing of majority
interest by | ||||||
35 | employees in the unit. If the parties to a dispute are
without | ||||||
36 | agreement on the means to ascertain the choice, if
any, of |
| |||||||
| |||||||
1 | employee organization as their representative, the
Board shall | ||||||
2 | ascertain the employees' choice of employee
organization, on | ||||||
3 | the basis of dues deduction authorization and other
evidence, | ||||||
4 | or, if necessary, by conducting an election. If either
party | ||||||
5 | provides to the Board, before the designation of a
| ||||||
6 | representative, clear and convincing evidence that the
dues | ||||||
7 | deduction authorizations, and other evidence upon
which the | ||||||
8 | Board would otherwise rely to ascertain the employees'
choice | ||||||
9 | of representative, are fraudulent or were obtained
through | ||||||
10 | coercion, the Board shall promptly thereafter conduct
an | ||||||
11 | election. The Board shall also investigate and
consider a | ||||||
12 | party's allegations that the dues deduction
authorizations and | ||||||
13 | other evidence submitted in support of a designation
of | ||||||
14 | representative without an election were subsequently
changed, | ||||||
15 | altered, withdrawn, or withheld as a result of
employer fraud, | ||||||
16 | coercion, or any other unfair labor practice by the
employer. | ||||||
17 | If the Board determines that a labor organization
would have | ||||||
18 | had a majority interest but for an employer's fraud,
coercion, | ||||||
19 | or unfair labor practice, it shall designate the labor
| ||||||
20 | organization as an exclusive representative without
conducting | ||||||
21 | an election. | ||||||
22 | (b) The Board
shall decide in each case, in order to assure | ||||||
23 | public employees the fullest freedom in exercising the
rights | ||||||
24 | guaranteed by this Act, a unit appropriate for the
purpose of | ||||||
25 | collective bargaining, based upon but not limited to
such | ||||||
26 | factors as: historical pattern of recognition;
community of | ||||||
27 | interest including employee skills and functions;
degree of | ||||||
28 | functional integration; interchangeability and contact
among | ||||||
29 | employees; fragmentation of employee groups; common
| ||||||
30 | supervision, wages, hours and other working conditions
of the | ||||||
31 | employees involved; and the desires of the employees.
For | ||||||
32 | purposes of this subsection, fragmentation shall not
be the | ||||||
33 | sole or predominant factor used by the Board in
determining an | ||||||
34 | appropriate bargaining unit. Except with respect to
non-State | ||||||
35 | fire fighters and paramedics employed by fire
departments and | ||||||
36 | fire protection districts, non-State peace officers
and peace |
| |||||||
| |||||||
1 | officers in the State Department of State Police, a
single | ||||||
2 | bargaining unit determined by the Board may not
include both | ||||||
3 | supervisors and nonsupervisors, except for bargaining
units in | ||||||
4 | existence on the effective date of this Act. With
respect to | ||||||
5 | non-State fire fighters and paramedics employed by
fire | ||||||
6 | departments and fire protection districts, non-State
peace | ||||||
7 | officers and peace officers in the State Department of
State | ||||||
8 | Police, a single bargaining unit determined by the
Board may | ||||||
9 | not include both supervisors and nonsupervisors,
except for | ||||||
10 | bargaining units in existence on the effective date of
this | ||||||
11 | amendatory Act of 1985. | ||||||
12 | In cases
involving an historical pattern of recognition, | ||||||
13 | and in cases where the employer has recognized the
union as the | ||||||
14 | sole and exclusive bargaining agent for a specified
existing | ||||||
15 | unit, the Board shall find the employees in the unit
then | ||||||
16 | represented by the union pursuant to the recognition
to be the | ||||||
17 | appropriate unit. | ||||||
18 | Notwithstanding
the above factors, where the majority of | ||||||
19 | public employees of a craft so decide, the Board shall
| ||||||
20 | designate such craft as a unit appropriate for the
purposes of | ||||||
21 | collective bargaining. | ||||||
22 | The Board shall
not decide that any unit is appropriate if | ||||||
23 | such unit includes both professional and
nonprofessional | ||||||
24 | employees, unless a majority of each group votes for
inclusion | ||||||
25 | in such unit. | ||||||
26 | (c) Nothing in
this Act shall interfere with or negate the | ||||||
27 | current representation rights or patterns and
practices of | ||||||
28 | labor organizations which have historically
represented public | ||||||
29 | employees for the purpose of collective bargaining,
including | ||||||
30 | but not limited to the negotiations of wages, hours
and working | ||||||
31 | conditions, discussions of employees' grievances,
resolution | ||||||
32 | of jurisdictional disputes, or the establishment and
| ||||||
33 | maintenance of prevailing wage rates, unless a
majority of | ||||||
34 | employees so represented express a contrary desire
pursuant to | ||||||
35 | the procedures set forth in this Act.
| ||||||
36 | (d) In instances
where the employer does not voluntarily |
| |||||||
| |||||||
1 | recognize a labor organization as the exclusive
bargaining | ||||||
2 | representative for a unit of employees, the Board
shall | ||||||
3 | determine the majority representative of the public
employees | ||||||
4 | in an appropriate collective bargaining unit by
conducting a | ||||||
5 | secret ballot election, except as otherwise provided
in | ||||||
6 | subsection (a-5). Within 7 days after the Board issues
its | ||||||
7 | bargaining unit determination and direction of
election or the | ||||||
8 | execution of a stipulation for the purpose of a
consent | ||||||
9 | election, the public employer shall submit to the
labor | ||||||
10 | organization the complete names and addresses of those
| ||||||
11 | employees who are determined by the Board to be
eligible to | ||||||
12 | participate in the election. When the Board has
determined that | ||||||
13 | a labor organization has been fairly and freely chosen
by a | ||||||
14 | majority of employees in an appropriate unit, it shall
certify | ||||||
15 | such organization as the exclusive representative. If
the Board | ||||||
16 | determines that a majority of employees in an
appropriate unit | ||||||
17 | has fairly and freely chosen not to be represented by
a labor | ||||||
18 | organization, it shall so certify. The Board may also
revoke | ||||||
19 | the certification of the public employee organizations
as | ||||||
20 | exclusive bargaining representatives which have been
found by a | ||||||
21 | secret ballot election to be no longer the majority
| ||||||
22 | representative. | ||||||
23 | (e) The Board
shall not conduct an election in any | ||||||
24 | bargaining unit or any subdivision thereof within
which a valid | ||||||
25 | election has been held in the preceding 12-month
period. The | ||||||
26 | Board shall determine who is eligible to vote in an
election | ||||||
27 | and shall establish rules governing the conduct of the
election | ||||||
28 | or conduct affecting the results of the election. The
Board | ||||||
29 | shall include on a ballot in a representation election
a choice | ||||||
30 | of "no representation". A labor organization currently
| ||||||
31 | representing the bargaining unit of employees shall be
placed | ||||||
32 | on the ballot in any representation election. In any
election | ||||||
33 | where none of the choices on the ballot receives a
majority, a | ||||||
34 | runoff election shall be conducted between the 2
choices | ||||||
35 | receiving the largest number of valid votes cast in
the | ||||||
36 | election. A labor organization which receives a
majority of the |
| |||||||
| |||||||
1 | votes cast in an election shall be certified by the
Board as | ||||||
2 | exclusive representative of all public employees in
the unit. | ||||||
3 | (f) A labor
organization shall be designated as the | ||||||
4 | exclusive representative by a public employer,
provided that | ||||||
5 | the labor organization represents a majority of the
public | ||||||
6 | employees in an appropriate unit. Any employee
organization | ||||||
7 | which is designated or selected by the majority of
public | ||||||
8 | employees, in a unit of the public employer having no
other | ||||||
9 | recognized or certified representative, as their
| ||||||
10 | representative for purposes of collective bargaining
may | ||||||
11 | request recognition by the public employer in writing.
The | ||||||
12 | public employer shall post such request for a period
of at | ||||||
13 | least 20 days following its receipt thereof on
bulletin boards | ||||||
14 | or other places used or reserved for employee
notices. | ||||||
15 | (g) Within the
20-day period any other interested employee | ||||||
16 | organization may petition the Board in the manner
specified by | ||||||
17 | rules and regulations of the Board, provided that such
| ||||||
18 | interested employee organization has been designated
by at | ||||||
19 | least 10% of the employees in an appropriate
bargaining unit | ||||||
20 | which includes all or some of the employees in the
unit | ||||||
21 | recognized by the employer. In such event, the Board
shall | ||||||
22 | proceed with the petition in the same manner as
provided by | ||||||
23 | paragraph (1) of subsection (a) of this
Section. | ||||||
24 | (h) No election
shall be directed by the Board in any | ||||||
25 | bargaining unit where there is in force a valid
collective | ||||||
26 | bargaining agreement. The Board, however, may process
an | ||||||
27 | election petition filed between 90 and 60 days prior
to the | ||||||
28 | expiration of the date of an agreement, and may
further refine, | ||||||
29 | by rule or decision, the implementation of this
provision. | ||||||
30 | Where more than 4 years have elapsed since the
effective date | ||||||
31 | of the agreement, the agreement shall continue to bar
an | ||||||
32 | election, except that the Board may process an
election | ||||||
33 | petition filed between 90 and 60 days prior to the end
of the | ||||||
34 | fifth year of such an agreement, and between 90 and 60
days | ||||||
35 | prior to the end of each successive year of such
agreement. | ||||||
36 | (i) An order of
the Board dismissing a representation |
| |||||||
| |||||||
1 | petition, determining and certifying that a labor
organization | ||||||
2 | has been fairly and freely chosen by a majority of
employees in | ||||||
3 | an appropriate bargaining unit, determining and
certifying | ||||||
4 | that a labor organization has not been fairly and
freely chosen | ||||||
5 | by a majority of employees in the bargaining unit or
certifying | ||||||
6 | a labor organization as the exclusive representative
of | ||||||
7 | employees in an appropriate bargaining unit because of
a | ||||||
8 | determination by the Board that the labor organization
is the | ||||||
9 | historical bargaining representative of employees in
the | ||||||
10 | bargaining unit, is a final order. Any person
aggrieved by any | ||||||
11 | such order issued on or after the effective date of
this | ||||||
12 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
13 | in accordance with provisions of the Administrative
Review Law, | ||||||
14 | as now or hereafter amended, except that such review
shall be | ||||||
15 | afforded directly in the Appellate Court for the
district in | ||||||
16 | which the aggrieved party resides or transacts
business. Any | ||||||
17 | direct appeal to the Appellate Court shall be filed
within 35 | ||||||
18 | days from the date that a copy of the decision sought
to be | ||||||
19 | reviewed was served upon the party affected by the
decision. | ||||||
20 | (Source: P.A. 93-427, eff. 8-5-03; 93-444, eff.
8-5-03; revised | ||||||
21 | 9-10-03.) | ||||||
22 | Section 25.
The Military Leave of Absence Act is amended by | ||||||
23 | changing Sections 1 and 1.1 as
follows:
| ||||||
24 | (5 ILCS
325/1) (from Ch. 129, par.
501)
| ||||||
25 | Sec. 1.
Leave of absence.
| ||||||
26 | (a) Any full-time
employee of the State of Illinois, a unit | ||||||
27 | of local government, or a school district, other than
an | ||||||
28 | independent contractor, who is a member of any reserve
| ||||||
29 | component of the United States Armed Forces or of any
reserve | ||||||
30 | component of the Illinois State Militia, shall be
granted leave | ||||||
31 | from his or her public employment for any period
actively spent | ||||||
32 | in military service, including:
| ||||||
33 | (1) basic
training; | ||||||
34 | (2) special or
advanced training, whether or not within the |
| |||||||
| |||||||
1 | State, and whether or not voluntary; and
| ||||||
2 | (3) annual
training. | ||||||
3 | During these
leaves, the employee's seniority and other | ||||||
4 | benefits shall continue to accrue.
| ||||||
5 | During leaves for
annual training, the employee shall | ||||||
6 | continue to receive his or her regular compensation as
a public | ||||||
7 | employee. During leaves for basic training and up to
60 days of | ||||||
8 | special or advanced training, if the employee's
compensation | ||||||
9 | for military activities is less than his or her
compensation as | ||||||
10 | a public employee, he or she shall receive his or her
regular | ||||||
11 | compensation as a public employee minus the amount of
his or | ||||||
12 | her base pay for military activities.
| ||||||
13 | (b) Any full-time
employee of the State of Illinois, other | ||||||
14 | than an independent contractor, who is a member of the
Illinois | ||||||
15 | National Guard or a reserve component of the United
States | ||||||
16 | Armed Forces or the Illinois State Militia and who is
mobilized | ||||||
17 | to active duty shall continue during the period of
active duty | ||||||
18 | to receive his or her benefits and regular
compensation as a | ||||||
19 | State employee, minus an amount equal to his or her
military | ||||||
20 | active duty base pay. The Department of Central
Management | ||||||
21 | Services and the State Comptroller shall coordinate in
the | ||||||
22 | development of procedures for the implementation of
this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 93-409, eff. 8-4-03; 93-537, eff.
1-1-04; revised | ||||||
25 | 9-11-03.)
| ||||||
26 | (5 ILCS
325/1.1)
| ||||||
27 | Sec. 1.1.
Home rule. A home rule unit may not regulate its
| ||||||
28 | employees in a manner that is inconsistent with this
Act. This | ||||||
29 | Section is a limitation under subsection (i) of
Section 6 , of | ||||||
30 | Article VII of the Illinois Constitution on the
concurrent | ||||||
31 | exercise by home rule units of powers and functions
exercised | ||||||
32 | by the State. | ||||||
33 | (Source: P.A. 93-409, eff. 8-4-03; revised
10-9-03.) | ||||||
34 | Section 30.
The State Employees Group Insurance Act of 1971
|
| |||||||
| |||||||
1 | is amended by changing Section 6.5 as
follows:
| ||||||
2 | (5 ILCS
375/6.5)
| ||||||
3 | (Section
scheduled to be repealed on July 1, 2004) | ||||||
4 | Sec. 6.5.
Health benefits for TRS benefit recipients and | ||||||
5 | TRS dependent beneficiaries.
| ||||||
6 | (a) Purpose. It
is the purpose of this amendatory Act of | ||||||
7 | 1995 to transfer the administration of the program of
health | ||||||
8 | benefits established for benefit recipients and their
| ||||||
9 | dependent beneficiaries under Article 16 of the
Illinois | ||||||
10 | Pension Code to the Department of Central Management
Services. | ||||||
11 | (b) Transition
provisions. The Board of Trustees of the | ||||||
12 | Teachers' Retirement System shall continue to
administer the | ||||||
13 | health benefit program established under Article 16 of
the | ||||||
14 | Illinois Pension Code through December 31, 1995.
Beginning | ||||||
15 | January 1, 1996, the Department of Central Management
Services | ||||||
16 | shall be responsible for administering a program of
health | ||||||
17 | benefits for TRS benefit recipients and TRS dependent
| ||||||
18 | beneficiaries under this Section. The Department of
Central | ||||||
19 | Management Services and the Teachers' Retirement
System shall | ||||||
20 | cooperate in this endeavor and shall coordinate their
| ||||||
21 | activities so as to ensure a smooth transition and
| ||||||
22 | uninterrupted health benefit coverage.
| ||||||
23 | (c) Eligibility.
All persons who were enrolled in the | ||||||
24 | Article 16 program at the time of the transfer shall
be | ||||||
25 | eligible to participate in the program established
under this | ||||||
26 | Section without any interruption or delay in coverage
or | ||||||
27 | limitation as to pre-existing medical conditions.
Eligibility | ||||||
28 | to participate shall be determined by the Teachers'
Retirement | ||||||
29 | System. Eligibility information shall be communicated
to the | ||||||
30 | Department of Central Management Services in a format
| ||||||
31 | acceptable to the Department.
| ||||||
32 | A TRS dependent
beneficiary who is an unmarried child age | ||||||
33 | 19 or over and mentally or physically handicapped does
not | ||||||
34 | become ineligible to participate by reason of (i)
becoming | ||||||
35 | ineligible to be claimed as a dependent for Illinois
or federal |
| |||||||
| |||||||
1 | income tax purposes or (ii) receiving earned income,
so long as | ||||||
2 | those earnings are insufficient for the child to be
fully | ||||||
3 | self-sufficient. | ||||||
4 | (d) Coverage. The
level of health benefits provided under | ||||||
5 | this Section shall be similar to the level of benefits
provided | ||||||
6 | by the program previously established under Article 16
of the | ||||||
7 | Illinois Pension Code. | ||||||
8 | Group life
insurance benefits are not included in the | ||||||
9 | benefits to be provided to TRS benefit recipients and
TRS | ||||||
10 | dependent beneficiaries under this Act.
| ||||||
11 | The program of
health benefits under this Section may | ||||||
12 | include any or all of the benefit limitations,
including but | ||||||
13 | not limited to a reduction in benefits based on
eligibility for | ||||||
14 | federal medicare benefits, that are provided under
subsection | ||||||
15 | (a) of Section 6 of this Act for other health benefit
programs | ||||||
16 | under this Act. | ||||||
17 | (e) Insurance
rates and premiums. The Director shall | ||||||
18 | determine the insurance rates and premiums for TRS
benefit | ||||||
19 | recipients and TRS dependent beneficiaries, and shall
present | ||||||
20 | to the Teachers' Retirement System of the State of
Illinois, by | ||||||
21 | April 15 of each calendar year, the rate-setting
methodology | ||||||
22 | (including but not limited to utilization levels and
costs) | ||||||
23 | used to determine the amount of the health care
premiums. | ||||||
24 | For Fiscal Year
1996, the premium shall be equal to the | ||||||
25 | premium actually charged in Fiscal Year 1995; in
subsequent | ||||||
26 | years, the premium shall never be lower than the
premium | ||||||
27 | charged in Fiscal Year 1995. For Fiscal Year 2003, the
premium | ||||||
28 | shall not exceed 110% of the premium actually charged
in Fiscal | ||||||
29 | Year 2002. For Fiscal Year 2004, the premium shall not
exceed | ||||||
30 | 112% of the premium actually charged in Fiscal Year
2003. | ||||||
31 | Rates and
premiums may be based in part on age and | ||||||
32 | eligibility for federal medicare coverage. However,
the cost of | ||||||
33 | participation for a TRS dependent beneficiary who is
an | ||||||
34 | unmarried child age 19 or over and mentally or
physically | ||||||
35 | handicapped shall not exceed the cost for a TRS
dependent | ||||||
36 | beneficiary who is an unmarried child under age 19 and
|
| |||||||
| |||||||
1 | participates in the same major medical or managed care
program. | ||||||
2 | The cost of
health benefits under the program shall be paid | ||||||
3 | as follows:
| ||||||
4 | (1)
For a TRS benefit recipient selecting a managed | ||||||
5 | care program, up to 75% of the
total insurance rate shall | ||||||
6 | be paid from the Teacher
Health Insurance Security Fund.
| ||||||
7 | (2)
For a TRS benefit recipient selecting the major | ||||||
8 | medical coverage program, up
to 50% of the total insurance | ||||||
9 | rate shall be paid from the
Teacher Health Insurance | ||||||
10 | Security Fund if a managed
care program is accessible, as | ||||||
11 | determined by the Teachers'
Retirement System.
| ||||||
12 | (3)
For a TRS benefit recipient selecting the major | ||||||
13 | medical coverage program, up
to 75% of the total insurance | ||||||
14 | rate shall be paid from the
Teacher Health Insurance | ||||||
15 | Security Fund if a managed
care program is not accessible, | ||||||
16 | as determined by the Teachers'
Retirement System.
| ||||||
17 | (4)
The balance of the rate of insurance, including the | ||||||
18 | entire premium of any coverage
for TRS dependent | ||||||
19 | beneficiaries that has been
elected, shall be paid by | ||||||
20 | deductions authorized by the
TRS benefit recipient to be | ||||||
21 | withheld from his or her
monthly annuity or benefit payment | ||||||
22 | from the Teachers' Retirement
System; except that (i) if | ||||||
23 | the balance of the cost of
coverage exceeds the amount of | ||||||
24 | the monthly annuity or benefit
payment, the difference | ||||||
25 | shall be paid directly to the
Teachers' Retirement System | ||||||
26 | by the TRS benefit recipient,
and (ii) all or part of the | ||||||
27 | balance of the cost of
coverage may, at the school board's | ||||||
28 | option, be paid to the
Teachers' Retirement System by the | ||||||
29 | school board of the school
district from which the TRS | ||||||
30 | benefit recipient retired, in
accordance with Section | ||||||
31 | 10-22.3b of the School Code.
The Teachers' Retirement | ||||||
32 | System shall promptly deposit
all moneys withheld by or | ||||||
33 | paid to it under this
subdivision (e)(4) into the Teacher | ||||||
34 | Health Insurance Security
Fund. These moneys shall not be | ||||||
35 | considered assets of the
Retirement System. | ||||||
36 | (f) Financing.
Beginning July 1, 1995, all revenues arising |
| |||||||
| |||||||
1 | from the administration of the health benefit programs
| ||||||
2 | established under Article 16 of the Illinois Pension
Code or | ||||||
3 | this Section shall be deposited into the Teacher
Health | ||||||
4 | Insurance Security Fund, which is hereby created as a
| ||||||
5 | nonappropriated trust fund to be held outside the
State | ||||||
6 | Treasury, with the State Treasurer as custodian. Any
interest | ||||||
7 | earned on moneys in the Teacher Health Insurance
Security Fund | ||||||
8 | shall be deposited into the Fund.
| ||||||
9 | Moneys in the
Teacher Health Insurance Security Fund shall | ||||||
10 | be used only to pay the costs of the health benefit
program | ||||||
11 | established under this Section, including associated
| ||||||
12 | administrative costs, and the costs associated with
the health | ||||||
13 | benefit program established under Article 16 of the
Illinois | ||||||
14 | Pension Code, as authorized in this Section. Beginning
July 1, | ||||||
15 | 1995, the Department of Central Management Services
may make | ||||||
16 | expenditures from the Teacher Health Insurance
Security Fund | ||||||
17 | for those costs. | ||||||
18 | After other funds
authorized for the payment of the costs | ||||||
19 | of the health benefit program established under
Article 16 of | ||||||
20 | the Illinois Pension Code are exhausted and until
January 1, | ||||||
21 | 1996 (or such later date as may be agreed upon by the
Director | ||||||
22 | of Central Management Services and the Secretary of
the | ||||||
23 | Teachers' Retirement System), the Secretary of the
Teachers' | ||||||
24 | Retirement System may make expenditures from the
Teacher Health | ||||||
25 | Insurance Security Fund as necessary to pay up to 75%
of the | ||||||
26 | cost of providing health coverage to eligible benefit
| ||||||
27 | recipients (as defined in Sections 16-153.1 and
16-153.3 of the | ||||||
28 | Illinois Pension Code) who are enrolled in the Article
16 | ||||||
29 | health benefit program and to facilitate the transfer
of | ||||||
30 | administration of the health benefit program to the
Department | ||||||
31 | of Central Management Services.
| ||||||
32 | (g) Contract for
benefits. The Director shall by contract, | ||||||
33 | self-insurance, or otherwise make available the
program of | ||||||
34 | health benefits for TRS benefit recipients and their
TRS | ||||||
35 | dependent beneficiaries that is provided for in this
Section. | ||||||
36 | The contract or other arrangement for the provision of
these |
| |||||||
| |||||||
1 | health benefits shall be on terms deemed by the
Director to be | ||||||
2 | in the best interest of the State of Illinois and the
TRS | ||||||
3 | benefit recipients based on, but not limited to, such
criteria | ||||||
4 | as administrative cost, service capabilities of the
carrier or | ||||||
5 | other contractor, and the costs of the
benefits. | ||||||
6 | (h) Continuation
and termination of program. It is the | ||||||
7 | intention of the General Assembly that the program of
health | ||||||
8 | benefits provided under this Section be maintained on
an | ||||||
9 | ongoing, affordable basis through June 30, 2004. The
program of | ||||||
10 | health benefits provided under this Section is
terminated on | ||||||
11 | July 1, 2004. | ||||||
12 | The program of
health benefits provided under this Section | ||||||
13 | may be amended by the State and is not intended to be
a pension | ||||||
14 | or retirement benefit subject to protection under
Article XIII, | ||||||
15 | Section 5 of the Illinois Constitution.
| ||||||
16 | (i) Repeal. This
Section is repealed on July 1, 2004. | ||||||
17 | (Source: P.A. 92-505, eff. 12-20-01; 92-862, eff.
1-3-03; | ||||||
18 | revised 1-10-03.) | ||||||
19 | Section 35.
The Election Code is amended by changing | ||||||
20 | Sections 7-7, 7-8, 9-1.14, 9-10, and 24B-9.1 as
follows:
| ||||||
21 | (10 ILCS
5/7-7) (from Ch. 46, par.
7-7)
| ||||||
22 | Sec. 7-7.
For the purpose of making nominations in certain
| ||||||
23 | instances as provided in this Article and this Act,
the | ||||||
24 | following committees are authorized and shall
constitute the | ||||||
25 | central or managing committees of each political
party, viz: A | ||||||
26 | State central committee, a congressional committee for
each | ||||||
27 | congressional district, a county central committee for
each | ||||||
28 | county, a municipal central committee for each city,
| ||||||
29 | incorporated town or village, a ward committeeman for
each ward | ||||||
30 | in cities containing a population of 500,000 or more;
a | ||||||
31 | township committeeman for each township or part of a
township | ||||||
32 | that lies outside of cities having a population of
200,000 or | ||||||
33 | more, in counties having a population of 2,000,000 or
more; a | ||||||
34 | precinct committeeman for each precinct in counties
having a |
| |||||||
| |||||||
1 | population of less than 2,000,000; a county board
district | ||||||
2 | committee for each county board district created under
Division | ||||||
3 | 2-3 of the Counties Code; a State's Attorney committee
for each | ||||||
4 | group of 2 or more counties which jointly elect a
State's | ||||||
5 | Attorney; a Superintendent of Multi-County Educational
Service | ||||||
6 | Region committee for each group of 2 or more counties
which | ||||||
7 | jointly elect a Superintendent of a Multi-County
Educational | ||||||
8 | Service Region; a judicial subcircuit committee in a
judicial | ||||||
9 | circuit divided into subcircuits for each judicial
subcircuit | ||||||
10 | in that circuit; and a board of review election
district | ||||||
11 | committee for each Cook County Board of Review
election | ||||||
12 | district. | ||||||
13 | (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff.
8-21-03; | ||||||
14 | revised 9-22-03.)
| ||||||
15 | (10 ILCS
5/7-8) (from Ch. 46, par.
7-8)
| ||||||
16 | Sec. 7-8.
The State central committee shall be composed of
| ||||||
17 | one or two members from each congressional district in
the | ||||||
18 | State and shall be elected as follows:
| ||||||
19 |
State Central Committee
| ||||||
20 | (a) Within 30
days after the effective date of this | ||||||
21 | amendatory Act of 1983 the State central committee of
each | ||||||
22 | political party shall certify to the State Board of
Elections | ||||||
23 | which of the following alternatives it wishes to apply
to the | ||||||
24 | State central committee of that party.
| ||||||
25 | Alternative A. At
the primary held on the third Tuesday in | ||||||
26 | March 1970, and at the primary held every 4 years
thereafter, | ||||||
27 | each primary elector may vote for one candidate of his
party | ||||||
28 | for member of the State central committee for the
congressional | ||||||
29 | district in which he resides. The candidate receiving
the | ||||||
30 | highest number of votes shall be declared elected
State central | ||||||
31 | committeeman from the district. A political party may,
in lieu | ||||||
32 | of the foregoing, by a majority vote of delegates at
any State | ||||||
33 | convention of such party, determine to thereafter
elect the | ||||||
34 | State central committeemen in the manner
following: | ||||||
35 | At the county
convention held by such political party State |
| |||||||
| |||||||
1 | central committeemen shall be elected in the same
manner as | ||||||
2 | provided in this Article for the election of officers
of the | ||||||
3 | county central committee, and such election shall
follow the | ||||||
4 | election of officers of the county central committee.
Each | ||||||
5 | elected ward, township or precinct committeeman shall
cast as | ||||||
6 | his vote one vote for each ballot voted in his ward,
township, | ||||||
7 | part of a township or precinct in the last preceding
primary | ||||||
8 | election of his political party. In the case of a
county lying | ||||||
9 | partially within one congressional district and
partially | ||||||
10 | within another congressional district, each ward,
township or | ||||||
11 | precinct committeeman shall vote only with respect to
the | ||||||
12 | congressional district in which his ward, township,
part of a | ||||||
13 | township or precinct is located. In the case of a
congressional | ||||||
14 | district which encompasses more than one county, each
ward, | ||||||
15 | township or precinct committeeman residing within the
| ||||||
16 | congressional district shall cast as his vote one vote
for each | ||||||
17 | ballot voted in his ward, township, part of a township
or | ||||||
18 | precinct in the last preceding primary election of his
| ||||||
19 | political party for one candidate of his party for
member of | ||||||
20 | the State central committee for the congressional
district in | ||||||
21 | which he resides and the Chairman of the county
central | ||||||
22 | committee shall report the results of the election to
the State | ||||||
23 | Board of Elections. The State Board of Elections shall
certify | ||||||
24 | the candidate receiving the highest number of votes
elected | ||||||
25 | State central committeeman for that congressional
district. | ||||||
26 | The State central
committee shall adopt rules to provide | ||||||
27 | for and govern the procedures to be followed in the
election of | ||||||
28 | members of the State central committee.
| ||||||
29 | After the
effective date of this amendatory Act of the 91st | ||||||
30 | General Assembly, whenever a vacancy occurs in the
office of | ||||||
31 | Chairman of a State central committee, or at the end
of the | ||||||
32 | term of office of Chairman, the State central
committee of each | ||||||
33 | political party that has selected Alternative A shall
elect a | ||||||
34 | Chairman who shall not be required to be a member of
the State | ||||||
35 | Central Committee. The Chairman shall be a registered
voter in | ||||||
36 | this State and of the same political party as the
State central |
| |||||||
| |||||||
1 | committee. | ||||||
2 | Alternative B.
Each congressional committee shall, within | ||||||
3 | 30 days after the adoption of this alternative,
appoint a | ||||||
4 | person of the sex opposite that of the incumbent
member for | ||||||
5 | that congressional district to serve as an additional
member of | ||||||
6 | the State central committee until his or her successor
is | ||||||
7 | elected at the general primary election in 1986. Each
| ||||||
8 | congressional committee shall make this appointment by
voting | ||||||
9 | on the basis set forth in paragraph (e) of this
Section. In | ||||||
10 | each congressional district at the general primary
election | ||||||
11 | held in 1986 and every 4 years thereafter, the male
candidate | ||||||
12 | receiving the highest number of votes of the party's
male | ||||||
13 | candidates for State central committeeman, and the
female | ||||||
14 | candidate receiving the highest number of votes of the
party's | ||||||
15 | female candidates for State central committeewoman,
shall be | ||||||
16 | declared elected State central committeeman and State
central | ||||||
17 | committeewoman from the district. At the general
primary | ||||||
18 | election held in 1986 and every 4 years thereafter, if
all a | ||||||
19 | party's candidates for State central committeemen or
State | ||||||
20 | central committeewomen from a congressional district
are of the | ||||||
21 | same sex, the candidate receiving the highest number
of votes | ||||||
22 | shall be declared elected a State central committeeman
or State | ||||||
23 | central committeewoman from the district, and, because
of a | ||||||
24 | failure to elect one male and one female to the
committee, a | ||||||
25 | vacancy shall be declared to exist in the office of
the second | ||||||
26 | member of the State central committee from the
district. This | ||||||
27 | vacancy shall be filled by appointment by the
congressional | ||||||
28 | committee of the political party, and the person
appointed to | ||||||
29 | fill the vacancy shall be a resident of the
congressional | ||||||
30 | district and of the sex opposite that of the
committeeman or | ||||||
31 | committeewoman elected at the general primary
election. Each | ||||||
32 | congressional committee shall make this appointment by
voting | ||||||
33 | on the basis set forth in paragraph (e) of this
Section. | ||||||
34 | The Chairman of a
State central committee composed as | ||||||
35 | provided in this Alternative B must be selected from
the | ||||||
36 | committee's members.
|
| |||||||
| |||||||
1 | Except as
provided for in Alternative A with respect to the | ||||||
2 | selection of the Chairman of the State central
committee, under | ||||||
3 | both of the foregoing alternatives, the State central
committee | ||||||
4 | of each political party shall be composed of members
elected or | ||||||
5 | appointed from the several congressional districts of
the | ||||||
6 | State, and of no other person or persons whomsoever.
The | ||||||
7 | members of the State central committee shall, within
30 days | ||||||
8 | after each quadrennial election of the full committee,
meet in | ||||||
9 | the city of Springfield and organize by electing a
chairman, | ||||||
10 | and may at such time elect such officers from among
their own | ||||||
11 | number (or otherwise), as they may deem necessary or
expedient. | ||||||
12 | The outgoing chairman of the State central committee
of the | ||||||
13 | party shall, 10 days before the meeting, notify each
member of | ||||||
14 | the State central committee elected at the primary of
the time | ||||||
15 | and place of such meeting. In the organization and
proceedings | ||||||
16 | of the State central committee, each State central
committeeman | ||||||
17 | and State central committeewoman shall have one vote
for each | ||||||
18 | ballot voted in his or her congressional district by
the | ||||||
19 | primary electors of his or her party at the primary
election | ||||||
20 | immediately preceding the meeting of the State central
| ||||||
21 | committee. Whenever a vacancy occurs in the State
central | ||||||
22 | committee of any political party, the vacancy shall be
filled | ||||||
23 | by appointment of the chairmen of the county central
committees | ||||||
24 | of the political party of the counties located within
the | ||||||
25 | congressional district in which the vacancy occurs
and, if | ||||||
26 | applicable, the ward and township committeemen of the
political | ||||||
27 | party in counties of 2,000,000 or more inhabitants
located | ||||||
28 | within the congressional district. If the
congressional | ||||||
29 | district in which the vacancy occurs lies wholly
within a | ||||||
30 | county of 2,000,000 or more inhabitants, the ward and
township | ||||||
31 | committeemen of the political party in that
congressional | ||||||
32 | district shall vote to fill the vacancy. In voting to
fill the | ||||||
33 | vacancy, each chairman of a county central committee
and each | ||||||
34 | ward and township committeeman in counties of
2,000,000 or more | ||||||
35 | inhabitants shall have one vote for each ballot voted
in each | ||||||
36 | precinct of the congressional district in which the
vacancy |
| |||||||
| |||||||
1 | exists of his or her county, township, or ward cast by
the | ||||||
2 | primary electors of his or her party at the primary
election | ||||||
3 | immediately preceding the meeting to fill the vacancy
in the | ||||||
4 | State central committee. The person appointed to fill
the | ||||||
5 | vacancy shall be a resident of the congressional
district in | ||||||
6 | which the vacancy occurs, shall be a qualified voter,
and, in a | ||||||
7 | committee composed as provided in Alternative B, shall
be of | ||||||
8 | the same sex as his or her predecessor. A political
party may, | ||||||
9 | by a majority vote of the delegates of any State
convention of | ||||||
10 | such party, determine to return to the election of
State | ||||||
11 | central committeeman and State central committeewoman
by the | ||||||
12 | vote of primary electors. Any action taken by a
political party | ||||||
13 | at a State convention in accordance with this Section
shall be | ||||||
14 | reported to the State Board of Elections by the
chairman and | ||||||
15 | secretary of such convention within 10 days after such
action. | ||||||
16 |
Ward, Township and Precinct
Committeemen
| ||||||
17 | (b) At the
primary held on the third Tuesday in March, | ||||||
18 | 1972, and every 4 years thereafter, each primary
elector in | ||||||
19 | cities having a population of 200,000 or over may vote
for one | ||||||
20 | candidate of his party in his ward for ward
committeeman. Each | ||||||
21 | candidate for ward committeeman must be a resident of
and in | ||||||
22 | the ward where he seeks to be elected ward
committeeman. The | ||||||
23 | one having the highest number of votes shall be such
ward | ||||||
24 | committeeman of such party for such ward. At the
primary | ||||||
25 | election held on the third Tuesday in March, 1970, and
every 4 | ||||||
26 | years thereafter, each primary elector in counties
containing a | ||||||
27 | population of 2,000,000 or more, outside of cities
containing a | ||||||
28 | population of 200,000 or more, may vote for one
candidate of | ||||||
29 | his party for township committeeman. Each candidate
for | ||||||
30 | township committeeman must be a resident of and in the
township | ||||||
31 | or part of a township (which lies outside of a city
having a | ||||||
32 | population of 200,000 or more, in counties containing
a | ||||||
33 | population of 2,000,000 or more), and in which
township or part | ||||||
34 | of a township he seeks to be elected township
committeeman. The | ||||||
35 | one having the highest number of votes shall be such
township | ||||||
36 | committeeman of such party for such township or part
of a |
| |||||||
| |||||||
1 | township. At the primary held on the third Tuesday in
March, | ||||||
2 | 1970 and every 2 years thereafter, each primary
elector, except | ||||||
3 | in counties having a population of 2,000,000 or over,
may vote | ||||||
4 | for one candidate of his party in his precinct for
precinct | ||||||
5 | committeeman. Each candidate for precinct committeeman
must be | ||||||
6 | a bona fide resident of the precinct where he seeks to
be | ||||||
7 | elected precinct committeeman. The one having the
highest | ||||||
8 | number of votes shall be such precinct committeeman of
such | ||||||
9 | party for such precinct. The official returns of the
primary | ||||||
10 | shall show the name of the committeeman of each
political | ||||||
11 | party. | ||||||
12 | Terms of
Committeemen. All precinct committeemen elected | ||||||
13 | under the provisions of this Article shall continue as
such | ||||||
14 | committeemen until the date of the primary to be held
in the | ||||||
15 | second year after their election. Except as otherwise
provided | ||||||
16 | in this Section for certain State central committeemen
who have | ||||||
17 | 2 year terms, all State central committeemen, township
| ||||||
18 | committeemen and ward committeemen shall continue as
such | ||||||
19 | committeemen until the date of primary to be held in
the fourth | ||||||
20 | year after their election. However, a vacancy exists
in the | ||||||
21 | office of precinct committeeman when a precinct
committeeman | ||||||
22 | ceases to reside in the precinct in which he was
elected and | ||||||
23 | such precinct committeeman shall thereafter neither
have nor | ||||||
24 | exercise any rights, powers or duties as committeeman
in that | ||||||
25 | precinct, even if a successor has not been elected or
| ||||||
26 | appointed. | ||||||
27 | (c) The
Multi-Township Central Committee shall consist of | ||||||
28 | the precinct committeemen of such party, in the
multi-township | ||||||
29 | assessing district formed pursuant to Section 2-10 of
the | ||||||
30 | Property Tax Code and shall be organized for the
purposes set | ||||||
31 | forth in Section 45-25 of the Township Code. In the
| ||||||
32 | organization and proceedings of the Multi-Township
Central | ||||||
33 | Committee each precinct committeeman shall have one
vote for | ||||||
34 | each ballot voted in his precinct by the primary
electors of | ||||||
35 | his party at the primary at which he was
elected. | ||||||
36 |
County Central
Committee
|
| |||||||
| |||||||
1 | (d) The county
central committee of each political party in | ||||||
2 | each county shall consist of the various township
committeemen, | ||||||
3 | precinct committeemen and ward committeemen, if any,
of such | ||||||
4 | party in the county. In the organization and
proceedings of the | ||||||
5 | county central committee, each precinct committeeman
shall | ||||||
6 | have one vote for each ballot voted in his precinct by
the | ||||||
7 | primary electors of his party at the primary at which
he was | ||||||
8 | elected; each township committeeman shall have one
vote for | ||||||
9 | each ballot voted in his township or part of a
township as the | ||||||
10 | case may be by the primary electors of his party at
the primary | ||||||
11 | election for the nomination of candidates for election
to the | ||||||
12 | General Assembly immediately preceding the meeting of
the | ||||||
13 | county central committee; and in the organization and
| ||||||
14 | proceedings of the county central committee, each ward
| ||||||
15 | committeeman shall have one vote for each ballot voted
in his | ||||||
16 | ward by the primary electors of his party at the
primary | ||||||
17 | election for the nomination of candidates for election
to the | ||||||
18 | General Assembly immediately preceding the meeting of
the | ||||||
19 | county central committee. | ||||||
20 |
Cook County Board of Review Election District
Committee
| ||||||
21 | (d-1) Each board
of review election district committee of | ||||||
22 | each political party in Cook County shall consist of
the | ||||||
23 | various township committeemen and ward committeemen,
if any, of | ||||||
24 | that party in the portions of the county composing the
board of | ||||||
25 | review election district. In the organization and
proceedings | ||||||
26 | of each of the 3 election district committees, each
township | ||||||
27 | committeeman shall have one vote for each ballot voted
in his | ||||||
28 | or her township or part of a township, as the case may
be, by | ||||||
29 | the primary electors of his or her party at the
primary | ||||||
30 | election immediately preceding the meeting of the
board of | ||||||
31 | review election district committee; and in the
organization and | ||||||
32 | proceedings of each of the 3 election district
committees, each | ||||||
33 | ward committeeman shall have one vote for each ballot
voted in | ||||||
34 | his or her ward or part of that ward, as the case may
be, by the | ||||||
35 | primary electors of his or her party at the primary
election | ||||||
36 | immediately preceding the meeting of the board of
review |
| |||||||
| |||||||
1 | election district committee.
| ||||||
2 |
Congressional Committee
| ||||||
3 | (e) The
congressional committee of each party in each | ||||||
4 | congressional district shall be composed of the
chairmen of the | ||||||
5 | county central committees of the counties composing
the | ||||||
6 | congressional district, except that in congressional
districts | ||||||
7 | wholly within the territorial limits of one county, or
partly | ||||||
8 | within 2 or more counties, but not coterminous with
the county | ||||||
9 | lines of all of such counties, the precinct
committeemen, | ||||||
10 | township committeemen and ward committeemen, if any,
of the | ||||||
11 | party representing the precincts within the limits of
the | ||||||
12 | congressional district, shall compose the
congressional | ||||||
13 | committee. A State central committeeman in each
district shall | ||||||
14 | be a member and the chairman or, when a district has 2
State | ||||||
15 | central committeemen, a co-chairman of the
congressional | ||||||
16 | committee, but shall not have the right to vote except
in case | ||||||
17 | of a tie. | ||||||
18 | In the
organization and proceedings of congressional | ||||||
19 | committees composed of precinct committeemen or
township | ||||||
20 | committeemen or ward committeemen, or any combination
thereof, | ||||||
21 | each precinct committeeman shall have one vote for
each ballot | ||||||
22 | voted in his precinct by the primary electors of his
party at | ||||||
23 | the primary at which he was elected, each township
committeeman | ||||||
24 | shall have one vote for each ballot voted in his
township or | ||||||
25 | part of a township as the case may be by the primary
electors | ||||||
26 | of his party at the primary election immediately
preceding the | ||||||
27 | meeting of the congressional committee, and each ward
| ||||||
28 | committeeman shall have one vote for each ballot voted
in each | ||||||
29 | precinct of his ward located in such congressional
district by | ||||||
30 | the primary electors of his party at the primary
election | ||||||
31 | immediately preceding the meeting of the congressional
| ||||||
32 | committee; and in the organization and proceedings of
| ||||||
33 | congressional committees composed of the chairmen of
the county | ||||||
34 | central committees of the counties within such
district, each | ||||||
35 | chairman of such county central committee shall have
one vote | ||||||
36 | for each ballot voted in his county by the primary
electors of |
| |||||||
| |||||||
1 | his party at the primary election immediately
preceding the | ||||||
2 | meeting of the congressional committee.
| ||||||
3 |
Judicial District
Committee
| ||||||
4 | (f) The judicial
district committee of each political party | ||||||
5 | in each judicial district shall be composed of the
chairman of | ||||||
6 | the county central committees of the counties
composing the | ||||||
7 | judicial district. | ||||||
8 | In the
organization and proceedings of judicial district | ||||||
9 | committees composed of the chairmen of the county
central | ||||||
10 | committees of the counties within such district, each
chairman | ||||||
11 | of such county central committee shall have one vote
for each | ||||||
12 | ballot voted in his county by the primary electors of
his party | ||||||
13 | at the primary election immediately preceding the
meeting of | ||||||
14 | the judicial district committee.
| ||||||
15 |
Circuit Court Committee
| ||||||
16 | (g) The circuit
court committee of each political party in | ||||||
17 | each judicial circuit outside Cook County shall be
composed of | ||||||
18 | the chairmen of the county central committees of the
counties | ||||||
19 | composing the judicial circuit.
| ||||||
20 | In the
organization and proceedings of circuit court | ||||||
21 | committees, each chairman of a county central
committee shall | ||||||
22 | have one vote for each ballot voted in his county by
the | ||||||
23 | primary electors of his party at the primary election
| ||||||
24 | immediately preceding the meeting of the circuit court
| ||||||
25 | committee. | ||||||
26 |
Judicial Subcircuit
Committee
| ||||||
27 | (g-1) The
judicial subcircuit committee of each political | ||||||
28 | party in each judicial subcircuit in a judicial
circuit divided | ||||||
29 | into subcircuits shall be composed of (i) the ward and
township | ||||||
30 | committeemen of the townships and wards composing the
judicial | ||||||
31 | subcircuit in Cook County and (ii) the precinct
committeemen of | ||||||
32 | the precincts composing the judicial subcircuit in any
county | ||||||
33 | other than Cook County. | ||||||
34 | In the
organization and proceedings of each judicial | ||||||
35 | subcircuit committee, each township committeeman shall
have | ||||||
36 | one vote for each ballot voted in his township or part
of a |
| |||||||
| |||||||
1 | township, as the case may be, in the judicial
subcircuit by the | ||||||
2 | primary electors of his party at the primary election
| ||||||
3 | immediately preceding the meeting of the judicial
subcircuit | ||||||
4 | committee; each precinct committeeman shall have one
vote for | ||||||
5 | each ballot voted in his precinct or part of a
precinct, as the | ||||||
6 | case may be, in the judicial subcircuit by the primary
electors | ||||||
7 | of his party at the primary election immediately
preceding the | ||||||
8 | meeting of the judicial subcircuit committee; and each
ward | ||||||
9 | committeeman shall have one vote for each ballot voted
in his | ||||||
10 | ward or part of a ward, as the case may be, in the
judicial | ||||||
11 | subcircuit by the primary electors of his party at the
primary | ||||||
12 | election immediately preceding the meeting of the
judicial | ||||||
13 | subcircuit committee. | ||||||
14 |
Municipal Central
Committee
| ||||||
15 | (h) The municipal
central committee of each political party | ||||||
16 | shall be composed of the precinct, township or ward
| ||||||
17 | committeemen, as the case may be, of such party
representing | ||||||
18 | the precincts or wards, embraced in such city,
incorporated | ||||||
19 | town or village. The voting strength of each precinct,
township | ||||||
20 | or ward committeeman on the municipal central
committee shall | ||||||
21 | be the same as his voting strength on the county
central | ||||||
22 | committee. | ||||||
23 | For political
parties, other than a statewide political | ||||||
24 | party, established only within a municipality or
township, the | ||||||
25 | municipal or township managing committee shall be
composed of | ||||||
26 | the party officers of the local established party. The
party | ||||||
27 | officers of a local established party shall be as
follows: the | ||||||
28 | chairman and secretary of the caucus for those
municipalities | ||||||
29 | and townships authorized by statute to nominate
candidates by | ||||||
30 | caucus shall serve as party officers for the purpose
of filling | ||||||
31 | vacancies in nomination under Section 7-61; for
municipalities | ||||||
32 | and townships authorized by statute or ordinance to
nominate | ||||||
33 | candidates by petition and primary election, the party
officers | ||||||
34 | shall be the party's candidates who are nominated at
the | ||||||
35 | primary. If no party primary was held because of the
provisions | ||||||
36 | of Section 7-5, vacancies in nomination shall be
filled by the |
| |||||||
| |||||||
1 | party's remaining candidates who shall serve as the
party's | ||||||
2 | officers. | ||||||
3 |
Powers
| ||||||
4 | (i) Each
committee and its officers shall have the powers | ||||||
5 | usually exercised by such committees and by the
officers | ||||||
6 | thereof, not inconsistent with the provisions of this
Article. | ||||||
7 | The several committees herein provided for shall not
have power | ||||||
8 | to delegate any of their powers, or functions to any
other | ||||||
9 | person, officer or committee, but this shall not be
construed | ||||||
10 | to prevent a committee from appointing from its own
membership | ||||||
11 | proper and necessary subcommittees.
| ||||||
12 | (j) The State
central committee of a political party which | ||||||
13 | elects it members by Alternative B under paragraph (a)
of this | ||||||
14 | Section shall adopt a plan to give effect to the
delegate | ||||||
15 | selection rules of the national political party and
file a copy | ||||||
16 | of such plan with the State Board of Elections when
approved by | ||||||
17 | a national political party. | ||||||
18 | (k) For the
purpose of the designation of a proxy by a | ||||||
19 | Congressional Committee to vote in place of an absent
State | ||||||
20 | central committeeman or committeewoman at meetings of
the State | ||||||
21 | central committee of a political party which elects
its members | ||||||
22 | by Alternative B under paragraph (a) of this Section,
the proxy | ||||||
23 | shall be appointed by the vote of the ward and
township | ||||||
24 | committeemen, if any, of the wards and townships which
lie | ||||||
25 | entirely or partially within the Congressional
District from | ||||||
26 | which the absent State central committeeman or
committeewoman | ||||||
27 | was elected and the vote of the chairmen of the county
central | ||||||
28 | committees of those counties which lie entirely or
partially | ||||||
29 | within that Congressional District and in which there
are no | ||||||
30 | ward or township committeemen. When voting for such
proxy the | ||||||
31 | county chairman, ward committeeman or township
committeeman, | ||||||
32 | as the case may be shall have one vote for each ballot
voted in | ||||||
33 | his county, ward or township, or portion thereof
within the | ||||||
34 | Congressional District, by the primary electors of his
party at | ||||||
35 | the primary at which he was elected. However, the
absent State | ||||||
36 | central committeeman or committeewoman may designate a
proxy |
| |||||||
| |||||||
1 | when permitted by the rules of a political party which
elects | ||||||
2 | its members by Alternative B under paragraph (a) of
this | ||||||
3 | Section. | ||||||
4 | (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff.
8-21-03; | ||||||
5 | revised 9-22-03.) | ||||||
6 | (10 ILCS
5/9-1.14) | ||||||
7 | Sec. 9-1.14.
Electioneering communication defined.
| ||||||
8 | (a)
"Electioneering communication" means, for the purposes | ||||||
9 | of this Article, any form of communication, in
whatever medium, | ||||||
10 | including but not limited to
a ,
newspaper, radio, television, | ||||||
11 | or Internet
communication and
newspaper communications , that | ||||||
12 | refers to a clearly identified candidate, candidates,
or | ||||||
13 | political party and is made within (i) 60 days before
a general | ||||||
14 | election for the office sought by the candidate or
(ii) 30 days | ||||||
15 | before a general primary election for the office
sought by the | ||||||
16 | candidate. | ||||||
17 | (b)
"Electioneering communication" does not include:
| ||||||
18 | (1)
A communication, other than an advertisement | ||||||
19 | advertisements ,
appearing in a news story, commentary, or | ||||||
20 | editorial distributed through
the facilities of any | ||||||
21 | legitimate news organization,
unless the facilities are | ||||||
22 | owned or controlled by any
political party, political | ||||||
23 | committee, or
candidate. | ||||||
24 | (2)
A communication made solely to promote a candidate | ||||||
25 | debate or forum that is made
by or on behalf of the person | ||||||
26 | sponsoring the debate or
forum.
| ||||||
27 | (3)
A communication made as part of a non-partisan | ||||||
28 | activity designed to encourage
individuals to vote or to | ||||||
29 | register to vote.
| ||||||
30 | (4)
A communication by an organization operating and | ||||||
31 | remaining in good standing
under Section 501(c)(3) of the | ||||||
32 | Internal Revenue Code of 1986.
| ||||||
33 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff.
11-19-03; | ||||||
34 | revised 1-5-04.) |
| |||||||
| |||||||
1 | (10 ILCS
5/9-10) (from Ch. 46, par.
9-10) | ||||||
2 | Sec. 9-10.
Financial reports.
| ||||||
3 | (a) The treasurer
of every state political committee and | ||||||
4 | the treasurer of every local political committee shall
file | ||||||
5 | with the Board, and the treasurer of every local
political | ||||||
6 | committee shall file with the county clerk, reports of
campaign | ||||||
7 | contributions, and semi-annual reports of campaign
| ||||||
8 | contributions and expenditures on forms to be
prescribed or | ||||||
9 | approved by the Board. The treasurer of every
political | ||||||
10 | committee that acts as both a state political
committee and a | ||||||
11 | local political committee shall file a copy of each
report with | ||||||
12 | the State Board of Elections and the county clerk.
Entities | ||||||
13 | subject to Section 9-7.5 shall file reports required
by that | ||||||
14 | Section at times provided in this Section and are
subject to | ||||||
15 | the penalties provided in this Section.
| ||||||
16 | (b) Reports of
campaign contributions shall be filed no | ||||||
17 | later than the 15th day next preceding each election
including | ||||||
18 | a primary election in connection with which the
political | ||||||
19 | committee has accepted or is accepting contributions
or has | ||||||
20 | made or is making expenditures. Such reports shall be
complete | ||||||
21 | as of the 30th day next preceding each election
including a | ||||||
22 | primary election. The Board shall assess a civil
penalty not to | ||||||
23 | exceed $5,000 for a violation of this subsection,
except that | ||||||
24 | for State officers and candidates and political
committees | ||||||
25 | formed for statewide office, the civil penalty may not
exceed | ||||||
26 | $10,000. The fine, however, shall not exceed $500 for
a first | ||||||
27 | filing violation for filing less than 10 days after
the | ||||||
28 | deadline. There shall be no fine if the report is
mailed and | ||||||
29 | postmarked at least 72 hours prior to the filing
deadline. For | ||||||
30 | the purpose of this subsection, "statewide office" and
"State | ||||||
31 | officer" means the Governor, Lieutenant Governor,
Attorney | ||||||
32 | General, Secretary of State, Comptroller, and
Treasurer. | ||||||
33 | However, a continuing political committee that neither
accepts | ||||||
34 | contributions nor makes expenditures on behalf of or
in | ||||||
35 | opposition to any candidate or public question on the
ballot at | ||||||
36 | an election shall not be required to file the reports
|
| |||||||
| |||||||
1 | heretofore prescribed but may file in lieu thereof a
Statement | ||||||
2 | of Nonparticipation in the Election with the Board or
the Board | ||||||
3 | and the county clerk.
| ||||||
4 | (b-5)
Notwithstanding the provisions of subsection (b) and | ||||||
5 | Section 1.25 of the Statute on Statutes, any
contribution of | ||||||
6 | more than $500 received in the interim between the
last date of | ||||||
7 | the period covered by the last report filed under
subsection | ||||||
8 | (b) prior to the election and the date of the election
shall be | ||||||
9 | filed with and must actually be received by the State
Board of | ||||||
10 | Elections within 2 business days after receipt of such
| ||||||
11 | contribution. The State Board shall allow filings of
reports of | ||||||
12 | contributions of more than $500 under this subsection
(b-5) by | ||||||
13 | political committees that are not required to file
| ||||||
14 | electronically to be made by facsimile transmission.
For the | ||||||
15 | purpose of this subsection, a contribution is
considered | ||||||
16 | received on the date the public official, candidate,
or | ||||||
17 | political committee (or equivalent person in the case
of a | ||||||
18 | reporting entity other than a political committee)
actually | ||||||
19 | receives it or, in the case of goods or services, 2
business | ||||||
20 | days after the date the public official, candidate,
committee, | ||||||
21 | or other reporting entity receives the certification
required | ||||||
22 | under subsection (b) of Section 9-6. Failure to report
each | ||||||
23 | contribution is a separate violation of this
subsection. In the | ||||||
24 | final disposition of any matter by the Board on or
after the | ||||||
25 | effective date of this amendatory Act of the 93rd
General | ||||||
26 | Assembly, the Board may impose fines for violations of
this | ||||||
27 | subsection not to exceed 100% of the total amount of
the | ||||||
28 | contributions that were untimely reported, but in no
case when | ||||||
29 | a fine is imposed shall it be less than 10% of the
total amount | ||||||
30 | of the contributions that were untimely reported. When
| ||||||
31 | considering the amount of the fine to be imposed, the
Board | ||||||
32 | shall consider, but is not limited to, the following
factors:
| ||||||
33 | (1)
whether in the Board's opinion the violation was | ||||||
34 | committed inadvertently,
negligently, knowingly, or | ||||||
35 | intentionally;
| ||||||
36 | (2)
the number of days the contribution was reported
|
| |||||||
| |||||||
1 | late; and
| ||||||
2 | (3)
past violations of Sections 9-3 and 9-10 of this | ||||||
3 | Article by the
committee. | ||||||
4 | (c) In addition
to such reports the treasurer of every | ||||||
5 | political committee shall file semi-annual reports of
campaign | ||||||
6 | contributions and expenditures no later than July
31st, | ||||||
7 | covering the period from January 1st through June 30th
| ||||||
8 | immediately preceding, and no later than January 31st,
covering | ||||||
9 | the period from July 1st through December 31st of the
preceding | ||||||
10 | calendar year. Reports of contributions and
expenditures must | ||||||
11 | be filed to cover the prescribed time periods even
though no | ||||||
12 | contributions or expenditures may have been received
or made | ||||||
13 | during the period. The Board shall assess a civil
penalty not | ||||||
14 | to exceed $5,000 for a violation of this subsection,
except | ||||||
15 | that for State officers and candidates and political
committees | ||||||
16 | formed for statewide office, the civil penalty may not
exceed | ||||||
17 | $10,000. The fine, however, shall not exceed $500 for
a first | ||||||
18 | filing violation for filing less than 10 days after
the | ||||||
19 | deadline. There shall be no fine if the report is
mailed and | ||||||
20 | postmarked at least 72 hours prior to the filing
deadline. For | ||||||
21 | the purpose of this subsection, "statewide office" and
"State | ||||||
22 | officer" means the Governor, Lieutenant Governor,
Attorney | ||||||
23 | General, Secretary of State, Comptroller, and
Treasurer.
| ||||||
24 | (c-5) A political
committee that acts as either (i) a State | ||||||
25 | and local political committee or (ii) a local
political | ||||||
26 | committee and that files reports electronically under
Section | ||||||
27 | 9-28 is not required to file copies of the reports
with the | ||||||
28 | appropriate county clerk if the county clerk has a
system that | ||||||
29 | permits access to, and duplication of, reports that
are filed | ||||||
30 | with the State Board of Elections. A State and local
political | ||||||
31 | committee or a local political committee shall file
with the | ||||||
32 | county clerk a copy of its statement of organization
pursuant | ||||||
33 | to Section 9-3. | ||||||
34 | (d) A copy of
each report or statement filed under this | ||||||
35 | Article shall be preserved by the person filing it for
a period | ||||||
36 | of two years from the date of filing.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff.
11-19-03; | ||||||
2 | revised 12-17-03.)
| ||||||
3 | (10 ILCS
5/24B-9.1)
| ||||||
4 | Sec. 24B-9.1.
Examination of Votes by Electronic Precinct | ||||||
5 | Tabulation Optical Scan Technology Scanning Process or
other | ||||||
6 | authorized electronic process; definition of a
vote. | ||||||
7 | (a) Examination
of Votes by Electronic Precinct Tabulation | ||||||
8 | Optical Scan Technology Scanning Process. Whenever a
Precinct | ||||||
9 | Tabulation Optical Scan Technology process is used to
| ||||||
10 | automatically examine and count the votes on ballot
sheets, the | ||||||
11 | provisions of this Section shall apply. A voter shall
cast a | ||||||
12 | proper vote on a ballot sheet by making a mark, or
causing a | ||||||
13 | mark to be made, in the designated area for the
casting of a | ||||||
14 | vote for any party or candidate or for or against any
| ||||||
15 | proposition. For this purpose, a mark is an
intentional | ||||||
16 | darkening of the designated area on the ballot, and
not an | ||||||
17 | identifying mark. | ||||||
18 | (b) For any
ballot sheet that does not register a vote for | ||||||
19 | one or more ballot positions on the ballot sheet on a
| ||||||
20 | Electronic Precinct Tabulation Optical Scan Technology
| ||||||
21 | Scanning Process, the following shall constitute a
vote on the | ||||||
22 | ballot sheet:
| ||||||
23 | (1)
the designated area for casting a vote for a | ||||||
24 | particular ballot position on
the ballot sheet is fully | ||||||
25 | darkened or shaded
in;
| ||||||
26 | (2)
the designated area for casting a vote for a | ||||||
27 | particular ballot position on
the ballot sheet is partially | ||||||
28 | darkened or shaded
in;
| ||||||
29 | (3)
the designated area for casting a vote for a | ||||||
30 | particular ballot position on
the ballot sheet contains a | ||||||
31 | dot or ".", a check, or a plus
or "+"; or
| ||||||
32 | (4)
the designated area for casting a vote for a | ||||||
33 | particular ballot position on
the ballot sheet contains | ||||||
34 | some other type of mark that
indicates the clearly | ||||||
35 | ascertainable intent of the
voter to vote based on the |
| |||||||
| |||||||
1 | totality of the circumstances,
including but not limited to | ||||||
2 | any pattern or frequency of
marks on other ballot positions | ||||||
3 | from the same ballot
sheet ; or .
| ||||||
4 | (5)
the designated area for casting a vote for a | ||||||
5 | particular ballot position on
the ballot sheet is not | ||||||
6 | marked, but the ballot sheet
contains other markings | ||||||
7 | associated with a particular
ballot position, such as | ||||||
8 | circling a candidate's name,
that indicates the clearly | ||||||
9 | ascertainable intent of the
voter to vote, based on the | ||||||
10 | totality of the circumstances,
including but not limited | ||||||
11 | to, any pattern or frequency
of markings on other ballot | ||||||
12 | positions from the same ballot
sheet. | ||||||
13 | (c) For other
electronic voting systems that use a computer | ||||||
14 | as the marking device to mark a ballot sheet, the bar
code | ||||||
15 | found on the ballot sheet shall constitute the votes
found on | ||||||
16 | the ballot. If, however, the county clerk or board of
election | ||||||
17 | commissioners determines that the votes represented by
the | ||||||
18 | tally on the bar code for one or more ballot positions
is | ||||||
19 | inconsistent with the votes represented by numerical
ballot | ||||||
20 | positions identified on the ballot sheet produced
using a | ||||||
21 | computer as the marking device, then the numerical
ballot | ||||||
22 | positions identified on the ballot sheet shall
constitute the | ||||||
23 | votes for purposes of any official canvass or recount
| ||||||
24 | proceeding. An electronic voting system that uses a
computer as | ||||||
25 | the marking device to mark a ballot sheet shall be
capable of | ||||||
26 | producing a ballot sheet that contains all numerical
ballot | ||||||
27 | positions selected by the voter, and provides a place
for the | ||||||
28 | voter to cast a write-in vote for a candidate for a
particular | ||||||
29 | numerical ballot position. | ||||||
30 | (d) The election
authority shall provide an envelope, | ||||||
31 | sleeve or other device to each voter so the voter can
deliver | ||||||
32 | the voted ballot sheet to the counting equipment and
ballot box | ||||||
33 | without the votes indicated on the ballot sheet being
visible | ||||||
34 | to other persons in the polling place.
| ||||||
35 | (Source: P.A. 93-574, eff. 8-21-03; revised
10-9-03.) |
| |||||||
| |||||||
1 | Section 40.
The Secretary of State Act is amended by | ||||||
2 | changing Section 10 as follows:
| ||||||
3 | (15 ILCS
305/10) (from Ch. 124, par.
10)
| ||||||
4 | Sec. 10.
Whenever any bill which has passed both houses of
| ||||||
5 | the General Assembly, and is not approved, or vetoed
and | ||||||
6 | returned by the Governor, or filed with his objection
in the | ||||||
7 | office of the Secretary of State, as required by
Section 9, of | ||||||
8 | Article IV, of the Constitution, it shall be the duty
of the | ||||||
9 | Secretary of State to authenticate the same by a
certificate | ||||||
10 | thereon, to the following effect, as the case may
be:
| ||||||
11 | "This
bill having remained with the Governor 60 | ||||||
12 | calendar days after it was
presented to him, the General | ||||||
13 | Assembly being in session,
( or the Governor having failed
| ||||||
14 | to return this bill to the
General Assembly during its | ||||||
15 | session, and having failed to
file it in my office, with | ||||||
16 | his objections, within such 60
calendar days, it has | ||||||
17 | thereby become a
law.
| ||||||
18 | Dated
..............
19
| ||||||
19 | Signature
..............., Secretary of
State" . | ||||||
20 | (Source: P.A. 84-550; revised 9-24-03.)
| ||||||
21 | Section 45.
The Secretary of State Merit Employment Code is | ||||||
22 | amended by changing Section 10b.1 as
follows:
| ||||||
23 | (15 ILCS
310/10b.1) (from Ch. 124, par.
110b.1)
| ||||||
24 | Sec. 10b.1.
(a) Competitive examinations.
| ||||||
25 | (a)
For open competitive examinations to test the relative | ||||||
26 | fitness of applicants for the respective positions.
Tests shall | ||||||
27 | be designed to eliminate those who are not qualified
for | ||||||
28 | entrance into the Office of the Secretary of State and
to | ||||||
29 | discover the relative fitness of those who are
qualified. The | ||||||
30 | Director may use any one of or any combination of the
following | ||||||
31 | examination methods which in his judgment best serves
this end: | ||||||
32 | investigation of education and experience; test of
cultural | ||||||
33 | knowledge; test of capacity; test of knowledge; test
of manual |
| |||||||
| |||||||
1 | skill; test of linguistic ability; test of character;
test of | ||||||
2 | physical skill; test of psychological fitness. No
person with a | ||||||
3 | record of misdemeanor convictions except those under
Sections | ||||||
4 | 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
12-2, | ||||||
5 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1,
28-3, | ||||||
6 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8
and | ||||||
7 | sub-sections 1, 6 and 8 of Section 24-1 of the
Criminal Code of | ||||||
8 | 1961, or arrested for any cause but not convicted
thereon shall | ||||||
9 | be disqualified from taking such examinations or
subsequent | ||||||
10 | appointment unless the person is attempting to qualify
for a | ||||||
11 | position which would give him the powers of a peace
officer, in | ||||||
12 | which case the person's conviction or arrest record
may be | ||||||
13 | considered as a factor in determining the person's
fitness for | ||||||
14 | the position. All examinations shall be announced
publicly at | ||||||
15 | least 2 weeks in advance of the date of examinations
and may be | ||||||
16 | advertised through the press, radio or other
media. | ||||||
17 | The Director may,
at his discretion, accept the results of | ||||||
18 | competitive examinations conducted by any merit system
| ||||||
19 | established by Federal law or by the law of any State,
and may | ||||||
20 | compile eligible lists therefrom or may add the names
of | ||||||
21 | successful candidates in examinations conducted by
those merit | ||||||
22 | systems to existing eligible lists in accordance with
their | ||||||
23 | respective ratings. No person who is a non-resident of
the | ||||||
24 | State of Illinois may be appointed from those eligible
lists, | ||||||
25 | however, unless the requirement that applicants be
residents of | ||||||
26 | the State of Illinois is waived by the Director of
Personnel | ||||||
27 | and unless there are less than 3 Illinois residents
available | ||||||
28 | for appointment from the appropriate eligible list.
The results | ||||||
29 | of the examinations conducted by other merit systems
may not be | ||||||
30 | used unless they are comparable in difficulty and
| ||||||
31 | comprehensiveness to examinations conducted by the
Department | ||||||
32 | of Personnel for similar positions. Special linguistic
options | ||||||
33 | may also be established where deemed
appropriate. | ||||||
34 | (b) The Director
of Personnel may require that each person | ||||||
35 | seeking employment with the Secretary of State, as
part of the | ||||||
36 | application process, authorize an investigation to
determine |
| |||||||
| |||||||
1 | if the applicant has ever been convicted of a crime
and if so, | ||||||
2 | the disposition of those convictions; this
authorization shall | ||||||
3 | indicate the scope of the inquiry and the agencies
which may be | ||||||
4 | contacted. Upon this authorization, the Director of
Personnel | ||||||
5 | may request and receive information and assistance
from any | ||||||
6 | federal, state or local governmental agency as part of
the | ||||||
7 | authorized investigation. The investigation shall be
| ||||||
8 | undertaken after the fingerprinting of an applicant in
the form | ||||||
9 | and manner prescribed by the Department of State
Police. The | ||||||
10 | investigation shall consist of a criminal history
records check | ||||||
11 | performed by the Department of State Police and the
Federal | ||||||
12 | Bureau of Investigation, or some other entity that has
the | ||||||
13 | ability to check the applicant's fingerprints against
the | ||||||
14 | fingerprint records now and hereafter filed in the
Department | ||||||
15 | of State Police and Federal Bureau of Investigation
criminal | ||||||
16 | history records databases. If the Department of State
Police | ||||||
17 | and the Federal Bureau of Investigation conduct an
| ||||||
18 | investigation directly for the Secretary of State's
Office, | ||||||
19 | then the Department of State Police shall charge a fee
for | ||||||
20 | conducting the criminal history records check, which
shall be | ||||||
21 | deposited in the State Police Services Fund and shall
not | ||||||
22 | exceed the actual cost of the records check. The
Department of | ||||||
23 | State Police shall provide information concerning any
criminal | ||||||
24 | convictions, and their disposition, brought against
the | ||||||
25 | applicant or prospective employee of the Secretary of
State | ||||||
26 | upon request of the Department of Personnel when the
request is | ||||||
27 | made in the form and manner required by the Department
of State | ||||||
28 | Police. The information derived from this
investigation, | ||||||
29 | including the source of this information, and any
conclusions | ||||||
30 | or recommendations derived from this information by
the | ||||||
31 | Director of Personnel shall be provided to the
applicant or | ||||||
32 | prospective employee, or his designee, upon request to
the | ||||||
33 | Director of Personnel prior to any final action by the
Director | ||||||
34 | of Personnel on the application. No information
obtained from | ||||||
35 | such investigation may be placed in any automated
information | ||||||
36 | system. Any criminal convictions and their disposition
|
| |||||||
| |||||||
1 | information obtained by the Director of Personnel
shall be | ||||||
2 | confidential and may not be transmitted outside the
Office of | ||||||
3 | the Secretary of State, except as required herein, and
may not | ||||||
4 | be transmitted to anyone within the Office of the
Secretary of | ||||||
5 | State except as needed for the purpose of evaluating
the | ||||||
6 | application. The only physical identity materials
which the | ||||||
7 | applicant or prospective employee can be required to
provide | ||||||
8 | the Director of Personnel are photographs or
fingerprints; | ||||||
9 | these shall be returned to the applicant or
prospective | ||||||
10 | employee upon request to the Director of Personnel,
after the | ||||||
11 | investigation has been completed and no copy of these
materials | ||||||
12 | may be kept by the Director of Personnel or any agency
to which | ||||||
13 | such identity materials were transmitted. Only
information and | ||||||
14 | standards which bear a reasonable and rational
relation to the | ||||||
15 | performance of an employee shall be used by the
Director of | ||||||
16 | Personnel. The Secretary of State shall adopt rules
and | ||||||
17 | regulations for the administration of this Section.
Any | ||||||
18 | employee of the Secretary of State who gives or causes
to be | ||||||
19 | given away any confidential information concerning any
| ||||||
20 | criminal convictions and their disposition of an
applicant or | ||||||
21 | prospective employee shall be guilty of a Class A
misdemeanor | ||||||
22 | unless release of such information is authorized by
this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 93-418, eff. 1-1-04; revised
10-9-03.) | ||||||
25 | Section 50.
The Deposit of State Moneys Act is amended by | ||||||
26 | changing Section 22.5 as
follows:
| ||||||
27 | (15 ILCS
520/22.5) (from Ch. 130, par.
41a)
| ||||||
28 | Sec. 22.5.
Permitted investments. The State Treasurer may,
| ||||||
29 | with the approval of the Governor, invest and reinvest
any | ||||||
30 | State money in the treasury which is not needed for
current | ||||||
31 | expenditures due or about to become due, in
obligations of the | ||||||
32 | United States government or its agencies or of
National | ||||||
33 | Mortgage Associations established by or under the
National | ||||||
34 | Housing Act, 1201 U.S.C. 1701 et seq., or in mortgage
|
| |||||||
| |||||||
1 | participation certificates representing undivided
interests in | ||||||
2 | specified, first-lien conventional residential
Illinois | ||||||
3 | mortgages that are underwritten, insured, guaranteed,
or | ||||||
4 | purchased by the Federal Home Loan Mortgage
Corporation or in | ||||||
5 | Affordable Housing Program Trust Fund Bonds or Notes
as defined | ||||||
6 | in and issued pursuant to the Illinois Housing
Development Act. | ||||||
7 | All such obligations shall be considered as cash and
may be | ||||||
8 | delivered over as cash by a State Treasurer to his
successor. | ||||||
9 | The State
Treasurer may, with the approval of the Governor, | ||||||
10 | purchase any state bonds with any money in the State
Treasury | ||||||
11 | that has been set aside and held for the payment of
the | ||||||
12 | principal of and interest on the bonds. The bonds
shall be | ||||||
13 | considered as cash and may be delivered over as cash
by the | ||||||
14 | State Treasurer to his successor.
| ||||||
15 | The State
Treasurer may, with the approval of the Governor, | ||||||
16 | invest or reinvest any State money in the treasury
that is not | ||||||
17 | needed for current expenditure due or about to become
due, or | ||||||
18 | any money in the State Treasury that has been set
aside and | ||||||
19 | held for the payment of the principal of and the
interest on | ||||||
20 | any State bonds, in shares, withdrawable accounts, and
| ||||||
21 | investment certificates of savings and building and
loan | ||||||
22 | associations, incorporated under the laws of this
State or any | ||||||
23 | other state or under the laws of the United States;
provided, | ||||||
24 | however, that investments may be made only in those
savings and | ||||||
25 | loan or building and loan associations the shares and
| ||||||
26 | withdrawable accounts or other forms of investment
securities | ||||||
27 | of which are insured by the Federal Deposit Insurance
| ||||||
28 | Corporation. | ||||||
29 | The State
Treasurer may not invest State money in any | ||||||
30 | savings and loan or building and loan association
unless a | ||||||
31 | commitment by the savings and loan (or building and
loan) | ||||||
32 | association, executed by the president or chief
executive | ||||||
33 | officer of that association, is submitted in the
following | ||||||
34 | form:
| ||||||
35 | The
.................. Savings and Loan (or Building | ||||||
36 | and Loan) Association pledges
not to reject arbitrarily |
| |||||||
| |||||||
1 | mortgage loans for residential
properties within any | ||||||
2 | specific part of the community
served by the savings and | ||||||
3 | loan (or building and loan)
association because of the | ||||||
4 | location of the property. The
savings and loan (or building | ||||||
5 | and loan) association also
pledges to make loans available | ||||||
6 | on low and moderate income
residential property throughout | ||||||
7 | the community within the
limits of its legal restrictions | ||||||
8 | and prudent financial
practices. | ||||||
9 | The State
Treasurer may, with the approval of the Governor, | ||||||
10 | invest or reinvest, at a price not to exceed par, any
State | ||||||
11 | money in the treasury that is not needed for current
| ||||||
12 | expenditures due or about to become due, or any money
in the | ||||||
13 | State Treasury that has been set aside and held for
the payment | ||||||
14 | of the principal of and interest on any State bonds,
in bonds | ||||||
15 | issued by counties or municipal corporations of the
State of | ||||||
16 | Illinois. | ||||||
17 | The State
Treasurer may, with the approval of the Governor, | ||||||
18 | invest or reinvest any State money in the Treasury
which is not | ||||||
19 | needed for current expenditure, due or about to become
due, or | ||||||
20 | any money in the State Treasury which has been set
aside and | ||||||
21 | held for the payment of the principal of and the
interest on | ||||||
22 | any State bonds, in participations in loans, the
principal of | ||||||
23 | which participation is fully guaranteed by an agency
or | ||||||
24 | instrumentality of the United States government;
provided, | ||||||
25 | however, that such loan participations are represented
by | ||||||
26 | certificates issued only by banks which are
incorporated under | ||||||
27 | the laws of this State or any other state or under the
laws of | ||||||
28 | the United States, and such banks, but not the loan
| ||||||
29 | participation certificates, are insured by the Federal
Deposit | ||||||
30 | Insurance Corporation. | ||||||
31 | The State
Treasurer may, with the approval of the Governor, | ||||||
32 | invest or reinvest any State money in the Treasury
that is not | ||||||
33 | needed for current expenditure, due or about to become
due, or | ||||||
34 | any money in the State Treasury that has been set
aside and | ||||||
35 | held for the payment of the principal of and the
interest on | ||||||
36 | any State bonds, in any of the following:
|
| |||||||
| |||||||
1 | (1)
Bonds, notes, certificates of indebtedness, | ||||||
2 | Treasury bills, or other
securities now or hereafter issued | ||||||
3 | that are guaranteed by the
full faith and credit of the | ||||||
4 | United States of America as to
principal and interest.
| ||||||
5 | (2)
Bonds, notes, debentures, or other similar | ||||||
6 | obligations of the United
States of America, its agencies, | ||||||
7 | and
instrumentalities.
| ||||||
8 | (2.5)
Bonds, notes, debentures, or other similar | ||||||
9 | obligations of a foreign
government that are guaranteed by | ||||||
10 | the full faith and credit of
that government as to | ||||||
11 | principal and interest, but
only if the foreign government | ||||||
12 | has not defaulted and has met
its payment obligations in a | ||||||
13 | timely manner on all similar
obligations for a period of at | ||||||
14 | least 25 years immediately
before the time of acquiring | ||||||
15 | those
obligations.
| ||||||
16 | (3)
Interest-bearing savings accounts, | ||||||
17 | interest-bearing certificates
of deposit, interest-bearing | ||||||
18 | time deposits, or any other
investments constituting | ||||||
19 | direct obligations of any bank
as defined by the Illinois | ||||||
20 | Banking Act.
| ||||||
21 | (4)
Interest-bearing accounts, certificates of | ||||||
22 | deposit, or any other
investments constituting direct | ||||||
23 | obligations of any savings and
loan associations | ||||||
24 | incorporated under the laws of
this State or any other | ||||||
25 | state or under the laws of the
United States.
| ||||||
26 | (5)
Dividend-bearing share accounts, share certificate | ||||||
27 | accounts, or class of share
accounts of a credit union | ||||||
28 | chartered under the laws of
this State or the laws of the | ||||||
29 | United States; provided,
however, the principal office of | ||||||
30 | the credit union must be
located within the State of | ||||||
31 | Illinois.
| ||||||
32 | (6)
Bankers' acceptances of banks whose senior | ||||||
33 | obligations are rated in the
top 2 rating categories by 2 | ||||||
34 | national rating agencies and
maintain that rating during | ||||||
35 | the term of the
investment.
| ||||||
36 | (7)
Short-term obligations of corporations organized
|
| |||||||
| |||||||
1 | in the United States with
assets exceeding $500,000,000 if | ||||||
2 | (i) the obligations are rated
at the time of purchase at | ||||||
3 | one of the 3 highest
classifications established by at | ||||||
4 | least 2 standard rating
services and mature not later than | ||||||
5 | 180 days from the date of
purchase, (ii) the purchases do | ||||||
6 | not exceed 10% of the
corporation's outstanding | ||||||
7 | obligations, and (iii) no more
than one-third of the public | ||||||
8 | agency's funds are invested in
short-term obligations of | ||||||
9 | corporations.
| ||||||
10 | (8)
Money market mutual funds registered under the | ||||||
11 | Investment Company Act of
1940, provided that the portfolio | ||||||
12 | of the money market mutual
fund is limited to obligations | ||||||
13 | described in this Section and
to agreements to repurchase | ||||||
14 | such obligations.
| ||||||
15 | (9)
The Public Treasurers' Investment Pool created | ||||||
16 | under Section 17 of the State
Treasurer Act or in a fund | ||||||
17 | managed, operated, and
administered by a bank.
| ||||||
18 | (10)
Repurchase agreements of government securities | ||||||
19 | having the meaning set out in
the Government Securities Act | ||||||
20 | of 1986 subject to the
provisions of that Act and the | ||||||
21 | regulations issued
thereunder.
| ||||||
22 | (11)
Investments made in accordance with the | ||||||
23 | Technology Development
Act. | ||||||
24 | For purposes of
this Section, "agencies" of the United | ||||||
25 | States Government includes:
| ||||||
26 | (i)
the federal land banks, federal intermediate | ||||||
27 | credit banks, banks for
cooperatives, federal farm credit | ||||||
28 | banks, or any other entity
authorized to issue debt | ||||||
29 | obligations under the Farm
Credit Act of 1971 (12 U.S.C. | ||||||
30 | 2001 et seq.) and Acts
amendatory thereto;
| ||||||
31 | (ii)
the federal home loan banks and the federal home | ||||||
32 | loan mortgage
corporation;
| ||||||
33 | (iii)
the Commodity Credit Corporation; and
| ||||||
34 | (iv)
any other agency created by Act of Congress. | ||||||
35 | The Treasurer
may, with the approval of the Governor, lend | ||||||
36 | any securities acquired under this Act. However,
securities may |
| |||||||
| |||||||
1 | be lent under this Section only in accordance with
Federal | ||||||
2 | Financial Institution Examination Council guidelines
and only | ||||||
3 | if the securities are collateralized at a level
sufficient to | ||||||
4 | assure the safety of the securities, taking into
account market | ||||||
5 | value fluctuation. The securities may be
collateralized by cash | ||||||
6 | or collateral acceptable under Sections 11 and
11.1. | ||||||
7 | (Source: P.A. 92-546, eff. 1-1-03; 92-851, eff.
8-26-02; | ||||||
8 | revised 9-19-02.) | ||||||
9 | Section 55.
The Department of Central Management Services | ||||||
10 | Law of the Civil Administrative Code of Illinois is
amended by | ||||||
11 | changing Section 405-292 as
follows:
| ||||||
12 | (20 ILCS
405/405-292)
| ||||||
13 | Sec. 405-292.
Business processing reengineering; planning | ||||||
14 | for a more efficient government.
| ||||||
15 | (a) The
Department shall be responsible for recommending to | ||||||
16 | the Governor efficiency initiatives to reorganize,
| ||||||
17 | restructure, and reengineer the business processes of
the | ||||||
18 | State. In performing this responsibility the
Department shall | ||||||
19 | have the power and duty to do the
following:
| ||||||
20 | (1)
propose the transfer, consolidation, | ||||||
21 | reorganization, restructuring,
reengineering, or | ||||||
22 | elimination of programs,
processes, or functions in order | ||||||
23 | to attain efficiency in
operations and cost savings through | ||||||
24 | the efficiency
initiatives ;
.
| ||||||
25 | (2)
control the procurement of contracted services in | ||||||
26 | connection with the efficiency
initiatives to assist in the | ||||||
27 | analysis, design, planning,
and implementation of | ||||||
28 | proposals approved by the
Governor to attain efficiency in | ||||||
29 | operations and cost savings;
and
| ||||||
30 | (3)
establish the amount of cost savings to be realized | ||||||
31 | by State agencies from
implementing the efficiency | ||||||
32 | initiatives, which shall be
paid to the Department for | ||||||
33 | deposit into the Efficiency
Initiatives Revolving Fund. | ||||||
34 | (b) For the
purposes of this Section, "State agencies" |
| |||||||
| |||||||
1 | means all departments, boards, commissions, and
agencies of the | ||||||
2 | State of Illinois subject to the
Governor. | ||||||
3 | (Source: P.A. 93-25, eff. 6-20-03; revised
10-9-03.) | ||||||
4 | Section 60.
The Children and Family Services Act is amended | ||||||
5 | by changing Section 7 as
follows:
| ||||||
6 | (20 ILCS
505/7) (from Ch. 23, par.
5007)
| ||||||
7 | Sec. 7.
Placement of children; considerations.
| ||||||
8 | (a) In placing
any child under this Act, the Department | ||||||
9 | shall place such child, as far as possible, in the
care and | ||||||
10 | custody of some individual holding the same religious
belief as | ||||||
11 | the parents of the child, or with some child care
facility | ||||||
12 | which is operated by persons of like religious faith
as the | ||||||
13 | parents of such child. | ||||||
14 | (b) In placing a
child under this Act, the Department may | ||||||
15 | place a child with a relative if the Department has
reason to | ||||||
16 | believe that the relative will be able to adequately
provide | ||||||
17 | for the child's safety and welfare. The Department may
not | ||||||
18 | place a child with a relative, with the exception of
certain | ||||||
19 | circumstances which may be waived as defined by the
Department | ||||||
20 | in rules, if the results of a check of the Law
Enforcement | ||||||
21 | Agencies
Agency Data System (LEADS)
identifies a prior criminal | ||||||
22 | conviction of the relative or any adult member of the
| ||||||
23 | relative's household for any of the following offenses
under | ||||||
24 | the Criminal Code of 1961:
| ||||||
25 | (1)
murder;
| ||||||
26 | (1.1)
solicitation of murder;
| ||||||
27 | (1.2)
solicitation of murder for hire;
| ||||||
28 | (1.3)
intentional homicide of an unborn child;
| ||||||
29 | (1.4)
voluntary manslaughter of an unborn child;
| ||||||
30 | (1.5)
involuntary manslaughter;
| ||||||
31 | (1.6)
reckless homicide;
| ||||||
32 | (1.7)
concealment of a homicidal death;
| ||||||
33 | (1.8)
involuntary manslaughter of an unborn child;
| ||||||
34 | (1.9)
reckless homicide of an unborn child;
|
| |||||||
| |||||||
1 | (1.10)
drug-induced homicide;
| ||||||
2 | (2)
a sex offense under Article 11, except offenses | ||||||
3 | described in Sections 11-7,
11-8, 11-12, and 11-13;
| ||||||
4 | (3)
kidnapping;
| ||||||
5 | (3.1)
aggravated unlawful restraint;
| ||||||
6 | (3.2)
forcible detention;
| ||||||
7 | (3.3)
aiding and abetting child abduction;
| ||||||
8 | (4)
aggravated kidnapping;
| ||||||
9 | (5)
child abduction;
| ||||||
10 | (6)
aggravated battery of a child;
| ||||||
11 | (7)
criminal sexual assault;
| ||||||
12 | (8)
aggravated criminal sexual assault;
| ||||||
13 | (8.1)
predatory criminal sexual assault of a child;
| ||||||
14 | (9)
criminal sexual abuse;
| ||||||
15 | (10)
aggravated sexual abuse;
| ||||||
16 | (11)
heinous battery;
| ||||||
17 | (12)
aggravated battery with a firearm;
| ||||||
18 | (13)
tampering with food, drugs, or cosmetics;
| ||||||
19 | (14)
drug-induced infliction of great bodily harm;
| ||||||
20 | (15)
aggravated stalking;
| ||||||
21 | (16)
home invasion;
| ||||||
22 | (17)
vehicular invasion;
| ||||||
23 | (18)
criminal transmission of HIV;
| ||||||
24 | (19)
criminal abuse or neglect of an elderly or | ||||||
25 | disabled person;
| ||||||
26 | (20)
child abandonment;
| ||||||
27 | (21)
endangering the life or health of a child;
| ||||||
28 | (22)
ritual mutilation;
| ||||||
29 | (23)
ritualized abuse of a child;
| ||||||
30 | (24)
an offense in any other state the elements of | ||||||
31 | which are similar and bear a
substantial relationship to | ||||||
32 | any of the foregoing
offenses. | ||||||
33 | For the purpose of this subsection, "relative" shall
include | ||||||
34 | any person, 21 years of age or over, other than the
parent, who | ||||||
35 | (i) is currently related to the child in any of the
following | ||||||
36 | ways by blood or adoption: grandparent, sibling,
|
| |||||||
| |||||||
1 | great-grandparent, uncle, aunt, nephew, niece, first
cousin, | ||||||
2 | second cousin, godparent, great-uncle, or great-aunt;
or (ii) | ||||||
3 | is the spouse of such a relative; or (iii) is the
child's | ||||||
4 | step-father, step-mother, or adult step-brother or
| ||||||
5 | step-sister; "relative" also includes a person related
in any | ||||||
6 | of the foregoing ways to a sibling of a child, even
though the | ||||||
7 | person is not related to the child, when the child and
its | ||||||
8 | sibling are placed together with that person. A
relative with | ||||||
9 | whom a child is placed pursuant to this subsection
may, but is | ||||||
10 | not required to, apply for licensure as a foster
family home | ||||||
11 | pursuant to the Child Care Act of 1969; provided,
however, that | ||||||
12 | as of July 1, 1995, foster care payments shall be made
only to | ||||||
13 | licensed foster family homes pursuant to the terms of
Section 5 | ||||||
14 | of this Act. | ||||||
15 | (c) In placing a
child under this Act, the Department shall | ||||||
16 | ensure that the child's health, safety, and best
interests are | ||||||
17 | met in making a family foster care placement. The
Department | ||||||
18 | shall consider the individual needs of the child and
the | ||||||
19 | capacity of the prospective foster or adoptive parents
to meet | ||||||
20 | the needs of the child. When a child must be placed
outside his | ||||||
21 | or her home and cannot be immediately returned to his
or her | ||||||
22 | parents or guardian, a comprehensive, individualized
| ||||||
23 | assessment shall be performed of that child at which
time the | ||||||
24 | needs of the child shall be determined. Only if race,
color, or | ||||||
25 | national origin is identified as a legitimate factor
in | ||||||
26 | advancing the child's best interests shall it be
considered. | ||||||
27 | Race, color, or national origin shall not be routinely
| ||||||
28 | considered in making a placement decision. The
Department shall | ||||||
29 | make special efforts for the diligent recruitment of
potential | ||||||
30 | foster and adoptive families that reflect the ethnic
and racial | ||||||
31 | diversity of the children for whom foster and adoptive
homes | ||||||
32 | are needed. "Special efforts" shall include contacting
and | ||||||
33 | working with community organizations and religious
| ||||||
34 | organizations and may include contracting with those
| ||||||
35 | organizations, utilizing local media and other local
| ||||||
36 | resources, and conducting outreach
activities. |
| |||||||
| |||||||
1 | (c-1) At the time
of placement, the Department shall | ||||||
2 | consider concurrent planning, as described in
subsection (l-1) | ||||||
3 | of Section 5, so that permanency may occur at the
earliest | ||||||
4 | opportunity. Consideration should be given so that if
| ||||||
5 | reunification fails or is delayed, the placement made
is the | ||||||
6 | best available placement to provide permanency for the
child. | ||||||
7 | (d) The
Department may accept gifts, grants, offers of | ||||||
8 | services, and other contributions to use in making
special | ||||||
9 | recruitment efforts. | ||||||
10 | (e) The
Department in placing children in adoptive or | ||||||
11 | foster care homes may not, in any policy or practice
relating | ||||||
12 | to the placement of children for adoption or foster
care, | ||||||
13 | discriminate against any child or prospective adoptive
or | ||||||
14 | foster parent on the basis of race.
| ||||||
15 | (Source: P.A. 92-192, eff. 1-1-02; 92-328, eff.
1-1-02; 92-334, | ||||||
16 | eff. 8-10-01; 92-651, eff. 7-11-02; revised
2-17-03.) | ||||||
17 | Section 65.
The Illinois Enterprise Zone Act is amended by | ||||||
18 | changing Section 5.5 as
follows:
| ||||||
19 | (20 ILCS
655/5.5) (from Ch. 67 1/2, par.
609.1)
| ||||||
20 | Sec. 5.5.
High Impact Business.
| ||||||
21 | (a) In order to
respond to unique opportunities to assist | ||||||
22 | in the encouragement, development, growth and
expansion of the | ||||||
23 | private sector through large scale investment and
development | ||||||
24 | projects, the Department is authorized to receive and
approve | ||||||
25 | applications for the designation of "High Impact
Businesses" in | ||||||
26 | Illinois subject to the following
conditions:
| ||||||
27 | (1)
such applications may be submitted at any time | ||||||
28 | during the year;
| ||||||
29 | (2)
such business is not located, at the time of | ||||||
30 | designation, in an enterprise
zone designated pursuant to | ||||||
31 | this Act;
| ||||||
32 | (3)
(A) the business intends to make a minimum | ||||||
33 | investment
of $12,000,000 which will be placed in | ||||||
34 | service in
qualified property and intends to create 500 |
| |||||||
| |||||||
1 | full-time
equivalent jobs at a designated location in | ||||||
2 | Illinois
or intends to make a minimum investment of | ||||||
3 | $30,000,000
which will be placed in service in | ||||||
4 | qualified
property and intends to retain 1,500 | ||||||
5 | full-time
jobs at a designated location in Illinois. | ||||||
6 | The
business must certify in writing that the | ||||||
7 | investments
would not be placed in service in qualified | ||||||
8 | property
and the job creation or job retention would | ||||||
9 | not
occur without the tax credits and exemptions set | ||||||
10 | forth
in subsection (b) of this Section. The terms | ||||||
11 | "placed in
service" and "qualified property" have the | ||||||
12 | same
meanings as described in subsection (h) of Section | ||||||
13 | 201 of
the Illinois Income Tax Act; or
| ||||||
14 | (B)
the business intends to establish a new | ||||||
15 | electric
generating facility at a designated location | ||||||
16 | in
Illinois. "New electric generating
facility" , for | ||||||
17 | purposes
of this Section , means a
newly-constructed | ||||||
18 | electric
generation plant or a newly-constructed | ||||||
19 | generation
capacity expansion at an existing electric | ||||||
20 | generation
plant, including the transmission lines and | ||||||
21 | associated
equipment that transfers electricity from | ||||||
22 | points
of supply to points of delivery, and for which | ||||||
23 | such
new foundation construction commenced not sooner | ||||||
24 | than
July 1, 2001. Such facility shall be designed to | ||||||
25 | provide
baseload electric generation and shall operate | ||||||
26 | on a
continuous basis throughout the year; and shall | ||||||
27 | have
an aggregate rated generating capacity of at least | ||||||
28 | 1,000
megawatts for all new units at one site if it | ||||||
29 | uses
natural gas as its primary fuel and foundation | ||||||
30 | construction
of the facility is commenced on or before | ||||||
31 | December
31, 2004, or shall have an aggregate rated | ||||||
32 | generating
capacity of at least 400 megawatts for all | ||||||
33 | new
units at one site if it uses coal or gases derived | ||||||
34 | from
coal as its primary fuel and shall support the | ||||||
35 | creation
of at least 150 new Illinois coal mining jobs. | ||||||
36 | The
business must certify in writing that the |
| |||||||
| |||||||
1 | investments
necessary to establish a new electric | ||||||
2 | generating
facility would not be placed in service and | ||||||
3 | the
job creation in the case of a coal-fueled plant | ||||||
4 | would
not occur without the tax credits and exemptions | ||||||
5 | set
forth in subsection (b-5) of this Section. The term | ||||||
6 | "placed in
service" has the same meaning as described | ||||||
7 | in
subsection (h) of Section 201 of the Illinois Income | ||||||
8 | Tax
Act; or
| ||||||
9 | (C)
the business intends to establish production | ||||||
10 | operations
at a new coal mine, re-establish production | ||||||
11 | operations
at a closed coal mine, or expand production | ||||||
12 | at an
existing coal mine at a designated location in | ||||||
13 | Illinois
not sooner than July 1, 2001; provided that | ||||||
14 | the
production operations result in the creation of 150 | ||||||
15 | new
Illinois coal mining jobs as described in | ||||||
16 | subdivision
(a)(3)(B) of this Section, and further | ||||||
17 | provided
that the coal extracted from such mine is | ||||||
18 | utilized
as the predominant source for a new electric | ||||||
19 | generating
facility. The business must certify in | ||||||
20 | writing
that the investments necessary to establish a | ||||||
21 | new,
expanded, or reopened coal mine would not be | ||||||
22 | placed
in service and the job creation would not occur | ||||||
23 | without
the tax credits and exemptions set forth in | ||||||
24 | subsection
(b-5) of this Section. The term "placed in | ||||||
25 | service"
has the same meaning as described in | ||||||
26 | subsection
(h) of Section 201 of the Illinois Income | ||||||
27 | Tax
Act; or
| ||||||
28 | (D)
the business intends to construct new | ||||||
29 | transmission
facilities or upgrade existing | ||||||
30 | transmission
facilities at designated locations in | ||||||
31 | Illinois,
for which construction commenced not sooner | ||||||
32 | than
July 1, 2001. For the purposes of this Section, | ||||||
33 | "transmission
facilities" means transmission lines | ||||||
34 | with a
voltage rating of 115 kilovolts or above, | ||||||
35 | including
associated equipment, that transfer | ||||||
36 | electricity
from points of supply to points of delivery |
| |||||||
| |||||||
1 | and
that transmit a majority of the electricity | ||||||
2 | generated
by a new electric generating facility | ||||||
3 | designated
as a High Impact Business in accordance with | ||||||
4 | this
Section. The business must certify in writing that | ||||||
5 | the
investments necessary to construct new | ||||||
6 | transmission
facilities or upgrade existing | ||||||
7 | transmission
facilities would not be placed in service | ||||||
8 | without
the tax credits and exemptions set forth in | ||||||
9 | subsection
(b-5) of this Section. The term "placed in | ||||||
10 | service"
has the same meaning as described in | ||||||
11 | subsection
(h) of Section 201 of the Illinois Income | ||||||
12 | Tax
Act; and
| ||||||
13 | (4)
no later than 90 days after an application is | ||||||
14 | submitted, the Department
shall notify the applicant of the | ||||||
15 | Department's determination of
the qualification of the | ||||||
16 | proposed High Impact Business
under this Section. | ||||||
17 | (b) Businesses
designated as High Impact Businesses | ||||||
18 | pursuant to subdivision (a)(3)(A) of this Section
shall qualify | ||||||
19 | for the credits and exemptions described in the
following Acts: | ||||||
20 | Section 9-222 and Section 9-222.1A of the Public
Utilities Act, | ||||||
21 | subsection (h) of Section 201 of the Illinois Income
Tax Act , ;
| ||||||
22 | and ,
Section 1d of the Retailers' Occupation Tax
Act ; ,
provided | ||||||
23 | that these credits and exemptions described in these
Acts shall | ||||||
24 | not be authorized until the minimum investments set
forth in | ||||||
25 | subdivision (a)(3)(A) of this Section have been placed
in | ||||||
26 | service in qualified properties and, in the case of
the | ||||||
27 | exemptions described in the Public Utilities Act and
Section 1d | ||||||
28 | of the Retailers' Occupation Tax Act, the minimum
full-time | ||||||
29 | equivalent jobs or full-time jobs set forth in
subdivision | ||||||
30 | (a)(3)(A) of this Section have been created or
retained. | ||||||
31 | Businesses designated as High Impact Businesses under
this | ||||||
32 | Section shall also qualify for the exemption described
in | ||||||
33 | Section 5l of the Retailers' Occupation Tax Act. The
credit | ||||||
34 | provided in subsection (h) of Section 201 of the
Illinois | ||||||
35 | Income Tax Act shall be applicable to investments in
qualified | ||||||
36 | property as set forth in subdivision (a)(3)(A) of this
Section. |
| |||||||
| |||||||
1 | (b-5) Businesses
designated as High Impact Businesses | ||||||
2 | pursuant to subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) | ||||||
3 | of this Section shall qualify for the credits and
exemptions | ||||||
4 | described in the following Acts: Section 51 of the
Retailers' | ||||||
5 | Occupation Tax Act, Section 9-222 and Section 9-222.1A
of the | ||||||
6 | Public Utilities Act, and subsection (h) of Section
201 of the | ||||||
7 | Illinois Income Tax Act; however, the credits and
exemptions | ||||||
8 | authorized under Section 9-222 and Section 9-222.1A of
the | ||||||
9 | Public Utilities Act, and subsection (h) of Section
201 of the | ||||||
10 | Illinois Income Tax Act shall not be authorized until
the new | ||||||
11 | electric generating facility, the new transmission
facility, | ||||||
12 | or the new, expanded, or reopened coal mine is
operational, | ||||||
13 | except that a new electric generating facility whose
primary | ||||||
14 | fuel source is natural gas is eligible only for the
exemption | ||||||
15 | under Section 5l of the Retailers' Occupation Tax
Act. | ||||||
16 | (c) High Impact
Businesses located in federally designated | ||||||
17 | foreign trade zones or sub-zones are also eligible for
| ||||||
18 | additional credits, exemptions and deductions as
described in | ||||||
19 | the following Acts: Section 9-221 and Section 9-222.1
of the | ||||||
20 | Public Utilities Act; and subsection (g) of Section
201, and | ||||||
21 | Section 203 of the Illinois Income Tax
Act. | ||||||
22 | (d) Existing
Illinois businesses which apply for | ||||||
23 | designation as a High Impact Business must provide the
| ||||||
24 | Department with the prospective plan for which 1,500
full-time | ||||||
25 | jobs would be eliminated in the event that the
business is not | ||||||
26 | designated. | ||||||
27 | (e) New proposed
facilities which apply for designation as | ||||||
28 | High Impact Business must provide the Department with
proof of | ||||||
29 | alternative non-Illinois sites which would receive the
| ||||||
30 | proposed investment and job creation in the event that
the | ||||||
31 | business is not designated as a High Impact
Business. | ||||||
32 | (f) In the event
that a business is designated a High | ||||||
33 | Impact Business and it is later determined after
reasonable | ||||||
34 | notice and an opportunity for a hearing as provided
under the | ||||||
35 | Illinois Administrative Procedure Act, that the
business would | ||||||
36 | have placed in service in qualified property the
investments |
| |||||||
| |||||||
1 | and created or retained the requisite number of jobs
without | ||||||
2 | the benefits of the High Impact Business designation,
the | ||||||
3 | Department shall be required to immediately revoke the
| ||||||
4 | designation and notify the Director of the Department
of | ||||||
5 | Revenue who shall begin proceedings to recover all
wrongfully | ||||||
6 | exempted State taxes with interest. The business shall
also be | ||||||
7 | ineligible for all State funded Department programs
for a | ||||||
8 | period of 10 years. | ||||||
9 | (g) The
Department shall revoke a High Impact Business | ||||||
10 | designation if the participating business fails to
comply with | ||||||
11 | the terms and conditions of the
designation. | ||||||
12 | (h) Prior to
designating a business, the Department shall | ||||||
13 | provide the members of the General Assembly and
Illinois | ||||||
14 | Economic and Fiscal Commission with a report setting
forth the | ||||||
15 | terms and conditions of the designation and guarantees
that | ||||||
16 | have been received by the Department in relation to
the | ||||||
17 | proposed business being designated.
| ||||||
18 | (Source: P.A. 91-914, eff. 7-7-00; 92-12, eff. 7-1-01;
revised | ||||||
19 | 3-7-02.) | ||||||
20 | Section 70.
The Illinois Renewable Fuels Development | ||||||
21 | Program Act is amended by renumbering Section 905 as
follows:
| ||||||
22 | (20 ILCS
689/95) (was 20 ILCS
689/905)
| ||||||
23 | Sec.
95.
905. (Amendatory
provisions; text omitted). | ||||||
24 | (Source: P.A. 93-15, eff. 6-11-03; text omitted;
revised | ||||||
25 | 8-1-03.) | ||||||
26 | Section 75.
The Department of Natural Resources Act is | ||||||
27 | amended by setting forth and renumbering multiple
versions of | ||||||
28 | Section 1-30 as follows:
| ||||||
29 | (20 ILCS
801/1-30)
| ||||||
30 | Sec. 1-30.
Badges. The Director must authorize to each
| ||||||
31 | Conservation Police Officer and to any other employee
of the | ||||||
32 | Department exercising the powers of a peace officer a
distinct |
| |||||||
| |||||||
1 | badge that, on its face, (i) clearly states that the
badge is | ||||||
2 | authorized by the Department and (ii) contains a
unique | ||||||
3 | identifying number. No other badge shall be authorized
by the | ||||||
4 | Department. Nothing in this Section prohibits the
Director from | ||||||
5 | issuing shields or other distinctive identification to
| ||||||
6 | employees not exercising the powers of a peace officer
if the | ||||||
7 | Director determines that a shield or distinctive
| ||||||
8 | identification is needed by the employee to carry out
his or | ||||||
9 | her responsibilities. | ||||||
10 | (Source: P.A. 93-423, eff. 8-5-03.)
| ||||||
11 | (20 ILCS
801/1-35)
| ||||||
12 | Sec.
1-35.
1-30. Aquifer
study. The Department shall | ||||||
13 | conduct a study to (i) develop an understanding of the
geology | ||||||
14 | of each aquifer in the State; (ii) determine the
groundwater | ||||||
15 | flow through the geologic units and the interaction of
the | ||||||
16 | groundwater with surface waters; (iii) analyze current
| ||||||
17 | groundwater withdrawals; and (iv) determine the
chemistry of | ||||||
18 | the geologic units and the groundwater in those units.
Based | ||||||
19 | upon information obtained from the study, the
Department shall | ||||||
20 | develop geologic and groundwater flow models for each
| ||||||
21 | underground aquifer in the State showing the impact of
adding | ||||||
22 | future wells or of future groundwater withdrawals.
| ||||||
23 | (Source: P.A. 93-608, eff. 11-20-03; revised
1-10-04.) | ||||||
24 | Section 80.
The Energy Conservation and Coal Development | ||||||
25 | Act is amended by changing Section 15 as
follows:
| ||||||
26 | (20 ILCS
1105/15) (from Ch. 96 1/2, par.
7415)
| ||||||
27 | Sec. 15.
(a) The Department, in cooperation with the | ||||||
28 | Illinois Finance Authority, shall establish a program
to assist | ||||||
29 | units of local government, as defined in the Illinois
Finance | ||||||
30 | Authority Act, to identify and arrange financing for
energy | ||||||
31 | conservation projects for buildings and facilities
owned or | ||||||
32 | leased by those units of local
government. | ||||||
33 | (b) The
Department, in cooperation with the Illinois |
| |||||||
| |||||||
1 | Finance Authority, shall establish a program to assist
health | ||||||
2 | facilities to identify and arrange financing for
energy | ||||||
3 | conservation projects for buildings and facilities
owned or | ||||||
4 | leased by those health facilities.
| ||||||
5 | (Source: P.A. 93-205 (Sections 890-4 and 890-39), eff.
1-1-04; | ||||||
6 | revised 9-23-03.) | ||||||
7 | Section 85.
The Department of Human Services Act is amended | ||||||
8 | by setting forth and renumbering multiple versions of
Section | ||||||
9 | 10-35 as follows:
| ||||||
10 | (20 ILCS
1305/10-35)
| ||||||
11 | Sec. 10-35.
Folic acid; public information campaign. The
| ||||||
12 | Department, in consultation with the Department of
Public | ||||||
13 | Health, shall conduct a public information campaign to
(i) | ||||||
14 | educate women about the benefits of consuming folic
acid before | ||||||
15 | and during pregnancy to improve their chances of
having a | ||||||
16 | healthy baby and (ii) increase the consumption of
folic acid by | ||||||
17 | women of child-bearing age. The campaign must include
| ||||||
18 | information about the sources of folic
acid. | ||||||
19 | (Source: P.A. 93-84, eff. 1-1-04.)
| ||||||
20 | (20 ILCS
1305/10-40)
| ||||||
21 | Sec.
10-40
10-35 .
Recreational programs; handicapped; | ||||||
22 | grants. The Department of Human Services,
subject to | ||||||
23 | appropriation, may make grants to special recreation
| ||||||
24 | associations for the operation of recreational
programs for the | ||||||
25 | handicapped, including both physically and mentally
| ||||||
26 | handicapped, and transportation to and from those
programs. The | ||||||
27 | grants should target unserved or underserved
populations, such | ||||||
28 | as persons with brain injuries, persons who are
medically | ||||||
29 | fragile, and adults who have acquired disabling
conditions. The | ||||||
30 | Department must adopt rules to implement the grant
program. | ||||||
31 | (Source: P.A. 93-107, eff. 7-8-03; revised
9-24-03.)
| ||||||
32 | (20 ILCS
1305/10-45)
|
| |||||||
| |||||||
1 | Sec.
10-45
10-35 .
Hispanic/Latino Teen Pregnancy | ||||||
2 | Prevention and Intervention Initiative.
| ||||||
3 | (a) The
Department is authorized to establish a | ||||||
4 | Hispanic/Latino Teen Pregnancy Prevention and
Intervention | ||||||
5 | Initiative program. | ||||||
6 | (b) As a part of
the program established under subsection | ||||||
7 | (a), the Department is authorized to award a grant to
a | ||||||
8 | qualified entity for the purpose of conducting
research, | ||||||
9 | education, and prevention activities to reduce
pregnancy among | ||||||
10 | Hispanic teenagers. | ||||||
11 | (Source: P.A. 93-515, eff. 1-1-04; revised
9-24-03.) | ||||||
12 | Section 90.
The Criminal Identification Act is amended by | ||||||
13 | changing Section 5 as follows:
| ||||||
14 | (20 ILCS
2630/5) (from Ch. 38, par.
206-5)
| ||||||
15 | Sec. 5.
Arrest reports; expungement.
| ||||||
16 | (a) All policing
bodies of this State shall furnish to the | ||||||
17 | Department, daily, in the form and detail the
Department | ||||||
18 | requires, fingerprints and descriptions of all persons
who are | ||||||
19 | arrested on charges of violating any penal statute of
this | ||||||
20 | State for offenses that are classified as felonies and
Class A | ||||||
21 | or B misdemeanors and of all minors of the age of 10
and over | ||||||
22 | who have been arrested for an offense which would be a
felony | ||||||
23 | if committed by an adult, and may forward such
fingerprints and | ||||||
24 | descriptions for minors arrested for Class A or B
misdemeanors. | ||||||
25 | Moving or nonmoving traffic violations under the
Illinois | ||||||
26 | Vehicle Code shall not be reported except for
violations of | ||||||
27 | Chapter 4, Section 11-204.1, or Section 11-501 of that
Code. In | ||||||
28 | addition, conservation offenses, as defined in the
Supreme | ||||||
29 | Court Rule 501(c), that are classified as Class B
misdemeanors | ||||||
30 | shall not be reported. | ||||||
31 | Whenever an adult
or minor prosecuted as an adult, not | ||||||
32 | having previously been convicted of any criminal
offense or | ||||||
33 | municipal ordinance violation, charged with a
violation of a | ||||||
34 | municipal ordinance or a felony or misdemeanor, is
acquitted or |
| |||||||
| |||||||
1 | released without being convicted, whether the
acquittal or | ||||||
2 | release occurred before, on, or after the effective
date of | ||||||
3 | this amendatory Act of 1991, the Chief Judge of the
circuit | ||||||
4 | wherein the charge was brought, any judge of that
circuit | ||||||
5 | designated by the Chief Judge, or in counties of less
than | ||||||
6 | 3,000,000 inhabitants, the presiding trial judge at
the | ||||||
7 | defendant's trial may upon verified petition of the
defendant | ||||||
8 | order the record of arrest expunged from the official
records | ||||||
9 | of the arresting authority and the Department and
order that | ||||||
10 | the records of the clerk of the circuit court be
sealed until | ||||||
11 | further order of the court upon good cause shown and
the name | ||||||
12 | of the defendant obliterated on the official index
required to | ||||||
13 | be kept by the circuit court clerk under Section 16 of
the | ||||||
14 | Clerks of Courts Act, but the order shall not affect
any index | ||||||
15 | issued by the circuit court clerk before the entry of
the | ||||||
16 | order. The Department may charge the petitioner a fee
| ||||||
17 | equivalent to the cost of processing any order to
expunge or | ||||||
18 | seal the records, and the fee shall be deposited into
the State | ||||||
19 | Police Services Fund. The records of those arrests,
however, | ||||||
20 | that result in a disposition of supervision for any
offense | ||||||
21 | shall not be expunged from the records of the
arresting | ||||||
22 | authority or the Department nor impounded by the court
until 2 | ||||||
23 | years after discharge and dismissal of supervision.
Those | ||||||
24 | records that result from a supervision for a violation
of | ||||||
25 | Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the
Illinois | ||||||
26 | Vehicle Code or a similar provision of a local
ordinance, or | ||||||
27 | for a violation of Section 12-3.2, 12-15 or 16A-3 of
the | ||||||
28 | Criminal Code of 1961, or probation under Section 10
of the | ||||||
29 | Cannabis Control Act, Section 410 of the Illinois
Controlled | ||||||
30 | Substances Act, Section 12-4.3(b)(1) and (2) of the
Criminal | ||||||
31 | Code of 1961 (as those provisions existed before their
deletion | ||||||
32 | by Public Act 89-313), Section 10-102 of the Illinois
| ||||||
33 | Alcoholism and Other Drug Dependency Act when the
judgment of | ||||||
34 | conviction has been vacated, Section 40-10 of the
Alcoholism | ||||||
35 | and Other Drug Abuse and Dependency Act when the
judgment of | ||||||
36 | conviction has been vacated, or Section 10 of the
Steroid |
| |||||||
| |||||||
1 | Control Act shall not be expunged from the records of
the | ||||||
2 | arresting authority nor impounded by the court until 5
years | ||||||
3 | after termination of probation or supervision. Those
records | ||||||
4 | that result from a supervision for a violation of
Section | ||||||
5 | 11-501 of the Illinois Vehicle Code or a similar
provision of a | ||||||
6 | local ordinance, shall not be expunged. All records
set out | ||||||
7 | above may be ordered by the court to be expunged from
the | ||||||
8 | records of the arresting authority and impounded by
the court | ||||||
9 | after 5 years, but shall not be expunged by the
Department, but | ||||||
10 | shall, on court order be sealed by the Department and
may be | ||||||
11 | disseminated by the Department only as required by law
or to | ||||||
12 | the arresting authority, the State's Attorney, and the
court | ||||||
13 | upon a later arrest for the same or a similar offense
or for | ||||||
14 | the purpose of sentencing for any subsequent felony.
Upon | ||||||
15 | conviction for any offense, the Department of
Corrections shall | ||||||
16 | have access to all sealed records of the Department
pertaining | ||||||
17 | to that individual. | ||||||
18 | (a-5) Those
records maintained by the Department for | ||||||
19 | persons arrested prior to their 17th birthday shall be
expunged | ||||||
20 | as provided in Section 5-915 of the Juvenile Court Act
of 1987. | ||||||
21 | (b) Whenever a
person has been convicted of a crime or of | ||||||
22 | the violation of a municipal ordinance, in the name of
a person | ||||||
23 | whose identity he has stolen or otherwise come into
possession | ||||||
24 | of, the aggrieved person from whom the identity was
stolen or | ||||||
25 | otherwise obtained without authorization, upon
learning of the | ||||||
26 | person having been arrested using his identity, may,
upon | ||||||
27 | verified petition to the chief judge of the circuit
wherein the | ||||||
28 | arrest was made, have a court order entered nunc pro
tunc by | ||||||
29 | the chief judge to correct the arrest record,
conviction | ||||||
30 | record, if any, and all official records of the
arresting | ||||||
31 | authority, the Department, other criminal justice
agencies, | ||||||
32 | the prosecutor, and the trial court concerning such
arrest, if | ||||||
33 | any, by removing his name from all such records in
connection | ||||||
34 | with the arrest and conviction, if any, and by
inserting in the | ||||||
35 | records the name of the offender, if known or
ascertainable, in | ||||||
36 | lieu of the aggrieved's name. The records of the clerk
of the |
| |||||||
| |||||||
1 | circuit court clerk shall be sealed until further
order of the | ||||||
2 | court upon good cause shown and the name of the
aggrieved | ||||||
3 | person obliterated on the official index required to
be kept by | ||||||
4 | the circuit court clerk under Section 16 of the Clerks
of | ||||||
5 | Courts Act, but the order shall not affect any index
issued by | ||||||
6 | the circuit court clerk before the entry of the order.
Nothing | ||||||
7 | in this Section shall limit the Department of State
Police or | ||||||
8 | other criminal justice agencies or prosecutors from
listing | ||||||
9 | under an offender's name the false names he or she has
used. | ||||||
10 | For purposes of this Section, convictions for moving
and | ||||||
11 | nonmoving traffic violations other than convictions
for | ||||||
12 | violations of Chapter 4, Section 11-204.1 or Section
11-501 of | ||||||
13 | the Illinois Vehicle Code shall not be a bar to
expunging the | ||||||
14 | record of arrest and court records for violation of a
| ||||||
15 | misdemeanor or municipal ordinance.
| ||||||
16 | (c) Whenever a
person who has been convicted of an offense | ||||||
17 | is granted a pardon by the Governor which specifically
| ||||||
18 | authorizes expungement, he may, upon verified petition
to the | ||||||
19 | chief judge of the circuit where the person had been
convicted, | ||||||
20 | any judge of the circuit designated by the Chief
Judge, or in | ||||||
21 | counties of less than 3,000,000 inhabitants, the
presiding | ||||||
22 | trial judge at the defendant's trial, may have a court
order | ||||||
23 | entered expunging the record of arrest from the
official | ||||||
24 | records of the arresting authority and order that the
records | ||||||
25 | of the clerk of the circuit court and the Department
be sealed | ||||||
26 | until further order of the court upon good cause shown
or as | ||||||
27 | otherwise provided herein, and the name of the
defendant | ||||||
28 | obliterated from the official index requested to be
kept by the | ||||||
29 | circuit court clerk under Section 16 of the Clerks of
Courts | ||||||
30 | Act in connection with the arrest and conviction for
the | ||||||
31 | offense for which he had been pardoned but the order
shall not | ||||||
32 | affect any index issued by the circuit court clerk
before the | ||||||
33 | entry of the order. All records sealed by the
Department may be | ||||||
34 | disseminated by the Department only as required by law
or to | ||||||
35 | the arresting authority, the State's Attorney, and the
court | ||||||
36 | upon a later arrest for the same or similar offense or
for the |
| |||||||
| |||||||
1 | purpose of sentencing for any subsequent felony. Upon
| ||||||
2 | conviction for any subsequent offense, the Department
of | ||||||
3 | Corrections shall have access to all sealed records of
the | ||||||
4 | Department pertaining to that individual. Upon entry
of the | ||||||
5 | order of expungement, the clerk of the circuit court
shall | ||||||
6 | promptly mail a copy of the order to the person who
was | ||||||
7 | pardoned. | ||||||
8 | (c-5) Whenever a
person has been convicted of criminal | ||||||
9 | sexual assault, aggravated criminal sexual assault,
predatory | ||||||
10 | criminal sexual assault of a child, criminal sexual
abuse, or | ||||||
11 | aggravated criminal sexual abuse, the victim of that
offense | ||||||
12 | may request that the State's Attorney of the county in
which | ||||||
13 | the conviction occurred file a verified petition with
the | ||||||
14 | presiding trial judge at the defendant's trial to have
a court | ||||||
15 | order entered to seal the records of the clerk of the
circuit | ||||||
16 | court in connection with the proceedings of the trial
court | ||||||
17 | concerning that offense. However, the records of the
arresting | ||||||
18 | authority and the Department of State Police
concerning the | ||||||
19 | offense shall not be sealed. The court, upon good
cause shown, | ||||||
20 | shall make the records of the clerk of the circuit
court in | ||||||
21 | connection with the proceedings of the trial court
concerning | ||||||
22 | the offense available for public
inspection. | ||||||
23 | (c-6) If a
conviction has been set aside on direct review | ||||||
24 | or on collateral attack and the court determines by
clear and | ||||||
25 | convincing evidence that the defendant was factually
innocent | ||||||
26 | of the charge, the court shall enter an expungement
order as | ||||||
27 | provided in subsection (b) of Section 5-5-4 of the
Unified Code | ||||||
28 | of Corrections. | ||||||
29 | (d) Notice of the
petition for subsections (a), (b), and | ||||||
30 | (c) shall be served upon the State's Attorney or
prosecutor | ||||||
31 | charged with the duty of prosecuting the offense, the
| ||||||
32 | Department of State Police, the arresting agency and
the chief | ||||||
33 | legal officer of the unit of local government
affecting the | ||||||
34 | arrest. Unless the State's Attorney or prosecutor, the
| ||||||
35 | Department of State Police, the arresting agency or
such chief | ||||||
36 | legal officer objects to the petition within 30 days
from the |
| |||||||
| |||||||
1 | date of the notice, the court shall enter an order
granting or | ||||||
2 | denying the petition. The clerk of the court shall
promptly | ||||||
3 | mail a copy of the order to the person, the arresting
agency, | ||||||
4 | the prosecutor, the Department of State Police and
such other | ||||||
5 | criminal justice agencies as may be ordered by the
judge. | ||||||
6 | (e) Nothing
herein shall prevent the Department of State | ||||||
7 | Police from maintaining all records of any person who
is | ||||||
8 | admitted to probation upon terms and conditions and
who | ||||||
9 | fulfills those terms and conditions pursuant to
Section 10 of | ||||||
10 | the Cannabis Control Act, Section 410 of the Illinois
| ||||||
11 | Controlled Substances Act, Section 12-4.3 of the
Criminal Code | ||||||
12 | of 1961, Section 10-102 of the Illinois Alcoholism and
Other | ||||||
13 | Drug Dependency Act, Section 40-10 of the Alcoholism
and Other | ||||||
14 | Drug Abuse and Dependency Act, or Section 10 of the
Steroid | ||||||
15 | Control Act.
| ||||||
16 | (f) No court
order issued pursuant to the expungement | ||||||
17 | provisions of this Section shall become final for
purposes of | ||||||
18 | appeal until 30 days after notice is received by the
| ||||||
19 | Department. Any court order contrary to the provisions
of this | ||||||
20 | Section is void. | ||||||
21 | (g) Except as
otherwise provided in subsection (c-5) of | ||||||
22 | this Section, the court shall not order the sealing or
| ||||||
23 | expungement of the arrest records and records of the
circuit | ||||||
24 | court clerk of any person granted supervision for or
convicted | ||||||
25 | of any sexual offense committed against a minor under
18 years | ||||||
26 | of age. For the purposes of this Section, "sexual
offense | ||||||
27 | committed against a minor" includes but is not limited
to the | ||||||
28 | offenses of indecent solicitation of a child or
criminal sexual | ||||||
29 | abuse when the victim of such offense is under 18
years of age. | ||||||
30 | (h) (1)
Notwithstanding any other provision of this Act to | ||||||
31 | the contrary and cumulative with any rights to
expungement of | ||||||
32 | criminal records, whenever an adult or minor
prosecuted as an | ||||||
33 | adult charged with a violation of a municipal
ordinance or a | ||||||
34 | misdemeanor is acquitted or released without being
convicted, | ||||||
35 | or if the person is convicted but the conviction is
reversed, | ||||||
36 | or if the person has been placed on supervision for a
|
| |||||||
| |||||||
1 | misdemeanor and has not been convicted of a felony or
| ||||||
2 | misdemeanor or placed on supervision for a misdemeanor
within 3 | ||||||
3 | years after the acquittal or release or reversal of
conviction, | ||||||
4 | or the completion of the terms and conditions of the
| ||||||
5 | supervision, if the acquittal, release, finding of not
guilty, | ||||||
6 | or reversal of conviction occurred on or after the
effective | ||||||
7 | date of this amendatory Act of the 93rd General
Assembly, the | ||||||
8 | Chief Judge of the circuit in which the charge was
brought may | ||||||
9 | have the official records of the arresting authority,
the | ||||||
10 | Department, and the clerk of the circuit court sealed
3 years | ||||||
11 | after the dismissal of the charge, the finding of not
guilty, | ||||||
12 | the reversal of conviction, or the completion of the
terms and | ||||||
13 | conditions of the supervision, except those records
are subject | ||||||
14 | to inspection and use by the court for the purposes of
| ||||||
15 | subsequent sentencing for misdemeanor and felony
violations | ||||||
16 | and inspection and use by law enforcement agencies and
State's | ||||||
17 | Attorneys or other prosecutors in carrying out the
duties of | ||||||
18 | their offices. This subsection (h) does not apply to
persons | ||||||
19 | placed on supervision for: (1) a violation of Section
11-501 of | ||||||
20 | the Illinois Vehicle Code or a similar provision of a
local | ||||||
21 | ordinance; (2) a misdemeanor violation of Article 11
of the | ||||||
22 | Criminal Code of 1961 or a similar provision of a
local | ||||||
23 | ordinance; (3) a misdemeanor violation of Section
12-15, 12-30, | ||||||
24 | or 26-5 of the Criminal Code of 1961 or a similar
provision of | ||||||
25 | a local ordinance; (4) a misdemeanor violation that is
a crime | ||||||
26 | of violence as defined in Section 2 of the Crime
Victims | ||||||
27 | Compensation Act or a similar provision of a local
ordinance; | ||||||
28 | (5) a Class A misdemeanor violation of the Humane Care
for | ||||||
29 | Animals Act; or (6) any offense or attempted offense
that would | ||||||
30 | subject a person to registration under the Sex
Offender | ||||||
31 | Registration Act. | ||||||
32 | (2) Upon
acquittal, release without conviction, or being | ||||||
33 | placed on supervision, the person charged with the
offense | ||||||
34 | shall be informed by the court of the right to have
the records | ||||||
35 | sealed and the procedures for the sealing of the
records. Three | ||||||
36 | years after the dismissal of the charge, the finding
of not |
| |||||||
| |||||||
1 | guilty, the reversal of conviction, or the completion
of the | ||||||
2 | terms and conditions of the supervision, the defendant
shall | ||||||
3 | provide the clerk of the court with a notice of
request for | ||||||
4 | sealing of records and payment of the applicable fee
and a | ||||||
5 | current address and shall promptly notify the clerk of
the | ||||||
6 | court of any change of address. The clerk shall
promptly serve | ||||||
7 | notice that the person's records are to be sealed on
the | ||||||
8 | State's Attorney or prosecutor charged with the duty
of | ||||||
9 | prosecuting the offense, the Department of State
Police, the | ||||||
10 | arresting agency and the chief legal officer of the
unit of | ||||||
11 | local government effecting the arrest. Unless the
State's | ||||||
12 | Attorney or prosecutor, the Department of State
Police, the | ||||||
13 | arresting agency or such chief legal officer objects
to sealing | ||||||
14 | of the records within 90 days of notice the court
shall enter | ||||||
15 | an order sealing the defendant's records 3 years after
the | ||||||
16 | dismissal of the charge, the finding of not guilty,
the | ||||||
17 | reversal of conviction, or the completion of the terms
and | ||||||
18 | conditions of the supervision. The clerk of the court
shall | ||||||
19 | promptly serve by mail or in person a copy of the
order to the | ||||||
20 | person, the arresting agency, the prosecutor, the
Department of | ||||||
21 | State Police and such other criminal justice agencies
as may be | ||||||
22 | ordered by the judge. If an objection is filed, the
court shall | ||||||
23 | set a date for hearing. At the hearing the court shall
hear | ||||||
24 | evidence on whether the sealing of the records should
or should | ||||||
25 | not be granted. | ||||||
26 | (3) The clerk may
charge a fee equivalent to the cost | ||||||
27 | associated with the sealing of records by the clerk
and the | ||||||
28 | Department of State Police. The clerk shall forward
the | ||||||
29 | Department of State Police portion of the fee to the
Department | ||||||
30 | and it shall be deposited into the State Police
Services Fund. | ||||||
31 | (4) Whenever
sealing of records is required under this | ||||||
32 | subsection (h), the notification of the sealing must
be given | ||||||
33 | by the circuit court where the arrest occurred to the
| ||||||
34 | Department in a form and manner prescribed by the
Department. | ||||||
35 | (5) An adult or a
minor prosecuted as an adult who was | ||||||
36 | charged with a violation of a municipal ordinance or a
|
| |||||||
| |||||||
1 | misdemeanor who was acquitted, released without being
| ||||||
2 | convicted, convicted and the conviction was reversed,
or placed | ||||||
3 | on supervision for a misdemeanor before the date of
this | ||||||
4 | amendatory Act of the 93rd General Assembly and was
not | ||||||
5 | convicted of a felony or misdemeanor or placed on
supervision | ||||||
6 | for a misdemeanor for 3 years after the acquittal or
release or | ||||||
7 | reversal of conviction, or completion of the terms and
| ||||||
8 | conditions of the supervision may petition the Chief
Judge of | ||||||
9 | the circuit in which the charge was brought, any judge
of that | ||||||
10 | circuit in which the charge was brought, any judge of
the | ||||||
11 | circuit designated by the Chief Judge, or, in counties
of less | ||||||
12 | than 3,000,000 inhabitants, the presiding trial judge
at that | ||||||
13 | defendant's trial, to seal the official records of the
| ||||||
14 | arresting authority, the Department, and the clerk of
the | ||||||
15 | court, except those records are subject to inspection
and use | ||||||
16 | by the court for the purposes of subsequent sentencing
for | ||||||
17 | misdemeanor and felony violations and inspection and
use by law | ||||||
18 | enforcement agencies, the Department of Corrections,
and | ||||||
19 | State's Attorneys and other prosecutors in carrying
out the | ||||||
20 | duties of their offices. This subsection (h) does not
apply to | ||||||
21 | persons placed on supervision for: (1) a violation of
Section | ||||||
22 | 11-501 of the Illinois Vehicle Code or a similar
provision of a | ||||||
23 | local ordinance; (2) a misdemeanor violation of
Article 11 of | ||||||
24 | the Criminal Code of 1961 or a similar provision of a
local | ||||||
25 | ordinance; (3) a misdemeanor violation of Section
12-15, 12-30, | ||||||
26 | or 26-5 of the Criminal Code of 1961 or a similar
provision of | ||||||
27 | a local ordinance; (4) a misdemeanor violation that is
a crime | ||||||
28 | of violence as defined in Section 2 of the Crime
Victims | ||||||
29 | Compensation Act or a similar provision of a local
ordinance; | ||||||
30 | (5) a Class A misdemeanor violation of the Humane Care
for | ||||||
31 | Animals Act; or (6) any offense or attempted offense
that would | ||||||
32 | subject a person to registration under the Sex
Offender | ||||||
33 | Registration Act. The State's Attorney or prosecutor
charged | ||||||
34 | with the duty of prosecuting the offense, the
Department of | ||||||
35 | State Police, the arresting agency and the chief legal
officer | ||||||
36 | of the unit of local government effecting the arrest
shall be |
| |||||||
| |||||||
1 | served with a copy of the verified petition and shall
have 90 | ||||||
2 | days to object. If an objection is filed, the court
shall set a | ||||||
3 | date for hearing. At the hearing the court shall hear
evidence | ||||||
4 | on whether the sealing of the records should or should
not be | ||||||
5 | granted. The person whose records are sealed under the
| ||||||
6 | provisions of this Act shall pay to the clerk of the
court and | ||||||
7 | the Department of State Police a fee equivalent to the
cost | ||||||
8 | associated with the sealing of records. The fees shall
be paid | ||||||
9 | to the clerk of the court who shall forward the
appropriate | ||||||
10 | portion to the Department at the time the court order
to seal | ||||||
11 | the defendant's record is forwarded to the Department
for | ||||||
12 | processing. The Department of State Police portion of
the fee | ||||||
13 | shall be deposited into the State Police Services
Fund. | ||||||
14 | (i) (1)
Notwithstanding any other provision of this Act to | ||||||
15 | the contrary and cumulative with any rights to
expungement of | ||||||
16 | criminal records, whenever an adult or minor
prosecuted as an | ||||||
17 | adult charged with a violation of a municipal
ordinance or a | ||||||
18 | misdemeanor is convicted of a misdemeanor and has not
been | ||||||
19 | convicted of a felony or misdemeanor or placed on
supervision | ||||||
20 | for a misdemeanor within 4 years after the completion
of the | ||||||
21 | sentence, if the conviction occurred on or after the
effective | ||||||
22 | date of this amendatory Act of the 93rd General
Assembly, the | ||||||
23 | Chief Judge of the circuit in which the charge was
brought may | ||||||
24 | have the official records of the arresting authority,
the | ||||||
25 | Department, and the clerk of the circuit court sealed
4 years | ||||||
26 | after the completion of the sentence, except those
records are | ||||||
27 | subject to inspection and use by the court for the
purposes of | ||||||
28 | subsequent sentencing for misdemeanor and felony
violations | ||||||
29 | and inspection and use by law enforcement agencies and
State's | ||||||
30 | Attorneys or other prosecutors in carrying out the
duties of | ||||||
31 | their offices. This subsection (i) does not apply to
persons | ||||||
32 | convicted of: (1) a violation of Section 11-501 of the
Illinois | ||||||
33 | Vehicle Code or a similar provision of a local
ordinance; (2) a | ||||||
34 | misdemeanor violation of Article 11 of the Criminal
Code of | ||||||
35 | 1961 or a similar provision of a local ordinance; (3)
a | ||||||
36 | misdemeanor violation of Section 12-15, 12-30, or 26-5
of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or a similar provision of a
local | ||||||
2 | ordinance; (4) a misdemeanor violation that is a crime
of | ||||||
3 | violence as defined in Section 2 of the Crime Victims
| ||||||
4 | Compensation Act or a similar provision of a local
ordinance; | ||||||
5 | (5) a Class A misdemeanor violation of the Humane Care
for | ||||||
6 | Animals Act; or (6) any offense or attempted offense
that would | ||||||
7 | subject a person to registration under the Sex
Offender | ||||||
8 | Registration Act. | ||||||
9 | (2) Upon the
conviction of such offense, the person charged | ||||||
10 | with the offense shall be informed by the court of the
right to | ||||||
11 | have the records sealed and the procedures for the
sealing of | ||||||
12 | the records. Four years after the completion of the
sentence, | ||||||
13 | the defendant shall provide the clerk of the court
with a | ||||||
14 | notice of request for sealing of records and payment
of the | ||||||
15 | applicable fee and a current address and shall
promptly notify | ||||||
16 | the clerk of the court of any change of address. The
clerk | ||||||
17 | shall promptly serve notice that the person's records
are to be | ||||||
18 | sealed on the State's Attorney or prosecutor charged
with the | ||||||
19 | duty of prosecuting the offense, the Department of
State | ||||||
20 | Police, the arresting agency and the chief legal
officer of the | ||||||
21 | unit of local government effecting the arrest. Unless
the | ||||||
22 | State's Attorney or prosecutor, the Department of
State Police, | ||||||
23 | the arresting agency or such chief legal officer
objects to | ||||||
24 | sealing of the records within 90 days of notice the
court shall | ||||||
25 | enter an order sealing the defendant's records 4 years
after | ||||||
26 | the completion of the sentence. The clerk of the court
shall | ||||||
27 | promptly serve by mail or in person a copy of the
order to the | ||||||
28 | person, the arresting agency, the prosecutor, the
Department of | ||||||
29 | State Police and such other criminal justice agencies
as may be | ||||||
30 | ordered by the judge. If an objection is filed, the
court shall | ||||||
31 | set a date for hearing. At the hearing the court shall
hear | ||||||
32 | evidence on whether the sealing of the records should
or should | ||||||
33 | not be granted. | ||||||
34 | (3) The clerk may
charge a fee equivalent to the cost | ||||||
35 | associated with the sealing of records by the clerk
and the | ||||||
36 | Department of State Police. The clerk shall forward
the |
| |||||||
| |||||||
1 | Department of State Police portion of the fee to the
Department | ||||||
2 | and it shall be deposited into the State Police
Services Fund. | ||||||
3 | (4) Whenever
sealing of records is required under this | ||||||
4 | subsection (i), the notification of the sealing must
be given | ||||||
5 | by the circuit court where the arrest occurred to the
| ||||||
6 | Department in a form and manner prescribed by the
Department. | ||||||
7 | (5) An adult or a
minor prosecuted as an adult who was | ||||||
8 | charged with a violation of a municipal ordinance or a
| ||||||
9 | misdemeanor who was convicted of a misdemeanor before
the date | ||||||
10 | of this amendatory Act of the 93rd General Assembly
and was not | ||||||
11 | convicted of a felony or misdemeanor or placed on
supervision | ||||||
12 | for a misdemeanor for 4 years after the completion of
the | ||||||
13 | sentence may petition the Chief Judge of the circuit
in which | ||||||
14 | the charge was brought, any judge of that circuit in
which the | ||||||
15 | charge was brought, any judge of the circuit
designated by the | ||||||
16 | Chief Judge, or, in counties of less than 3,000,000
| ||||||
17 | inhabitants, the presiding trial judge at that
defendant's | ||||||
18 | trial, to seal the official records of the arresting
authority, | ||||||
19 | the Department, and the clerk of the court, except
those | ||||||
20 | records are subject to inspection and use by the court
for the | ||||||
21 | purposes of subsequent sentencing for misdemeanor and
felony | ||||||
22 | violations and inspection and use by law enforcement
agencies, | ||||||
23 | the Department of Corrections, and State's Attorneys
and other | ||||||
24 | prosecutors in carrying out the duties of their
offices. This | ||||||
25 | subsection (i) does not apply to persons convicted of:
(1) a | ||||||
26 | violation of Section 11-501 of the Illinois Vehicle
Code or a | ||||||
27 | similar provision of a local ordinance; (2) a
misdemeanor | ||||||
28 | violation of Article 11 of the Criminal Code of 1961
or a | ||||||
29 | similar provision of a local ordinance; (3) a
misdemeanor | ||||||
30 | violation of Section 12-15, 12-30, or 26-5 of the
Criminal Code | ||||||
31 | of 1961 or a similar provision of a local ordinance;
(4) a | ||||||
32 | misdemeanor violation that is a crime of violence as
defined in | ||||||
33 | Section 2 of the Crime Victims Compensation Act or a
similar | ||||||
34 | provision of a local ordinance; (5) a Class A
misdemeanor | ||||||
35 | violation of the Humane Care for Animals Act; or (6)
any | ||||||
36 | offense or attempted offense that would subject a
person to |
| |||||||
| |||||||
1 | registration under the Sex Offender Registration Act.
The | ||||||
2 | State's Attorney or prosecutor charged with the duty
of | ||||||
3 | prosecuting the offense, the Department of State
Police, the | ||||||
4 | arresting agency and the chief legal officer of the
unit of | ||||||
5 | local government effecting the arrest shall be served
with a | ||||||
6 | copy of the verified petition and shall have 90 days
to object. | ||||||
7 | If an objection is filed, the court shall set a date
for | ||||||
8 | hearing. At the hearing the court shall hear evidence
on | ||||||
9 | whether the sealing of the records should or should
not be | ||||||
10 | granted. The person whose records are sealed under the
| ||||||
11 | provisions of this Act shall pay to the clerk of the
court and | ||||||
12 | the Department of State Police a fee equivalent to the
cost | ||||||
13 | associated with the sealing of records. The fees shall
be paid | ||||||
14 | to the clerk of the court who shall forward the
appropriate | ||||||
15 | portion to the Department at the time the court order
to seal | ||||||
16 | the defendant's record is forwarded to the Department
for | ||||||
17 | processing. The Department of State Police portion of
the fee | ||||||
18 | shall be deposited into the State Police Services
Fund. | ||||||
19 | (Source: P.A. 92-651, eff. 7-11-02; 93-210, eff.
7-18-03; | ||||||
20 | 93-211, eff. 1-1-04; revised 8-25-03.)
| ||||||
21 | Section 95.
The Department of Veterans Affairs Act is | ||||||
22 | amended by setting forth and renumbering multiple
versions of | ||||||
23 | Section 2e as follows:
| ||||||
24 | (20 ILCS
2805/2e)
| ||||||
25 | Sec. 2e.
The World War II Illinois Veterans Memorial Fund.
| ||||||
26 | There is created in the State treasury the World War
II | ||||||
27 | Illinois Veterans Memorial Fund. The Department must
make | ||||||
28 | grants from the Fund for the construction of a World
War II | ||||||
29 | Illinois Veterans Memorial in Springfield,
Illinois. | ||||||
30 | (Source: P.A. 93-131, eff. 7-10-03.)
| ||||||
31 | (20 ILCS
2805/2f)
| ||||||
32 | Sec.
2f
2e . LaSalle
Veterans Home capacity.
| ||||||
33 | (a) The
Department finds that the Illinois Veterans Home at
|
| |||||||
| |||||||
1 | LaSalle requires an increase in capacity to better
serve the | ||||||
2 | north central region of Illinois and to accommodate
the | ||||||
3 | increasing number of Illinois veterans eligible for
care. | ||||||
4 | (b) Subject to
appropriation, the Department shall | ||||||
5 | increase by at least 80 beds the capacity of the
Illinois | ||||||
6 | Veterans Home at LaSalle and shall request and expend
federal | ||||||
7 | grants for this Veterans Home addition.
| ||||||
8 | (Source: P.A. 93-142, eff. 7-10-03; revised
9-24-03.) | ||||||
9 | Section 100.
The Illinois Emergency Management Agency Act | ||||||
10 | is amended by changing Section 5 as
follows:
| ||||||
11 | (20 ILCS
3305/5) (from Ch. 127, par.
1055)
| ||||||
12 | Sec. 5.
Illinois Emergency Management Agency.
| ||||||
13 | (a) There is
created within the executive branch of the | ||||||
14 | State Government an Illinois Emergency Management
Agency and a | ||||||
15 | Director of the Illinois Emergency Management Agency,
herein | ||||||
16 | called the "Director" who shall be the head thereof.
The | ||||||
17 | Director shall be appointed by the Governor, with the
advice | ||||||
18 | and consent of the Senate, and shall serve for a term
of 2 | ||||||
19 | years beginning on the third Monday in January of the
| ||||||
20 | odd-numbered year, and until a successor is appointed
and has | ||||||
21 | qualified; except that the term of the first Director
appointed | ||||||
22 | under this Act shall expire on the third Monday in
January, | ||||||
23 | 1989. The Director shall not hold any other
remunerative public | ||||||
24 | office. The Director shall receive an annual salary as
set by | ||||||
25 | the Governor from time to time or the amount set by
the | ||||||
26 | Compensation Review Board, whichever is higher. If set
by the | ||||||
27 | Governor, the Director's annual salary may not exceed
85% of | ||||||
28 | the Governor's annual salary.
| ||||||
29 | (b) The Illinois
Emergency Management Agency shall obtain, | ||||||
30 | under the provisions of the Personnel Code, technical,
| ||||||
31 | clerical, stenographic and other administrative
personnel, and | ||||||
32 | may make expenditures within the appropriation
therefor as may | ||||||
33 | be necessary to carry out the purpose of this Act. The
agency | ||||||
34 | created by this Act is intended to be a successor to
the agency |
| |||||||
| |||||||
1 | created under the Illinois Emergency Services and
Disaster | ||||||
2 | Agency Act of 1975 and the personnel, equipment,
records, and | ||||||
3 | appropriations of that agency are transferred to the
successor | ||||||
4 | agency as of the effective date of this
Act. | ||||||
5 | (c) The Director,
subject to the direction and control of | ||||||
6 | the Governor, shall be the executive head of the
Illinois | ||||||
7 | Emergency Management Agency and the State Emergency
Response | ||||||
8 | Commission and shall be responsible under the
direction of the | ||||||
9 | Governor, for carrying out the program for emergency
management | ||||||
10 | of this State. The Director shall also maintain
liaison and | ||||||
11 | cooperate with the emergency management organizations
of this | ||||||
12 | State and other states and of the federal
government. | ||||||
13 | (d) The Illinois
Emergency Management Agency shall take an | ||||||
14 | integral part in the development and revision of
political | ||||||
15 | subdivision emergency operations plans prepared under
| ||||||
16 | paragraph (f) of Section 10. To this end it shall
employ or | ||||||
17 | otherwise secure the services of professional and
technical | ||||||
18 | personnel capable of providing expert assistance to
the | ||||||
19 | emergency services and disaster agencies. These
personnel | ||||||
20 | shall consult with emergency services and disaster
agencies on | ||||||
21 | a regular basis and shall make field examinations of
the areas, | ||||||
22 | circumstances, and conditions that particular
political | ||||||
23 | subdivision emergency operations plans are intended to
apply. | ||||||
24 | (e) The Illinois
Emergency Management Agency and political | ||||||
25 | subdivisions shall be encouraged to form an emergency
| ||||||
26 | management advisory committee composed of private and
public | ||||||
27 | personnel representing the emergency management phases
of | ||||||
28 | mitigation, preparedness, response, and recovery. The
Local | ||||||
29 | Emergency Planning Committee, as created under the
Illinois | ||||||
30 | Emergency Planning and Community Right to Know Act,
shall serve | ||||||
31 | as an advisory committee to the emergency services and
disaster | ||||||
32 | agency or agencies serving within the boundaries of
that Local | ||||||
33 | Emergency Planning Committee planning district
for:
| ||||||
34 | (1)
the development of emergency operations plan | ||||||
35 | provisions for hazardous
chemical emergencies; and
| ||||||
36 | (2)
the assessment of emergency response capabilities
|
| |||||||
| |||||||
1 | related to hazardous chemical
emergencies. | ||||||
2 | (f) The Illinois
Emergency Management Agency shall:
| ||||||
3 | (1)
Coordinate the overall emergency management | ||||||
4 | program of the
State.
| ||||||
5 | (2)
Cooperate with local governments, the federal | ||||||
6 | government and any public or
private agency or entity in | ||||||
7 | achieving any purpose of this
Act and in implementing | ||||||
8 | emergency management programs
for mitigation, | ||||||
9 | preparedness, response, and
recovery.
| ||||||
10 | (2.5)
Cooperate with the Department of Nuclear Safety | ||||||
11 | in development of the
comprehensive emergency preparedness | ||||||
12 | and response plan for any
nuclear accident in accordance | ||||||
13 | with Section 2005-65 of the
Department of Nuclear Safety | ||||||
14 | Law of the Civil
Administrative Code of Illinois and in | ||||||
15 | development of the Illinois
Nuclear Safety Preparedness | ||||||
16 | program in accordance with
Section 8 of the Illinois | ||||||
17 | Nuclear Safety Preparedness
Act.
| ||||||
18 | (2.6)
Coordinate with the Department of Public Health | ||||||
19 | with respect to planning for
and responding to public | ||||||
20 | health
emergencies.
| ||||||
21 | (3)
Prepare, for issuance by the Governor, executive | ||||||
22 | orders, proclamations, and
regulations as necessary or | ||||||
23 | appropriate in coping with
disasters.
| ||||||
24 | (4)
Promulgate rules and requirements for political | ||||||
25 | subdivision emergency
operations plans that are not | ||||||
26 | inconsistent with and are at
least as stringent as | ||||||
27 | applicable federal laws and
regulations.
| ||||||
28 | (5)
Review and approve, in accordance with Illinois | ||||||
29 | Emergency Management Agency
rules, emergency operations | ||||||
30 | plans for those political
subdivisions required to have an | ||||||
31 | emergency services and
disaster agency pursuant to this | ||||||
32 | Act.
| ||||||
33 | (5.5)
Promulgate rules and requirements for the | ||||||
34 | political subdivision
emergency management exercises, | ||||||
35 | including, but not limited to,
exercises of the emergency | ||||||
36 | operations plans.
|
| |||||||
| |||||||
1 | (5.10)
Review, evaluate, and approve, in accordance | ||||||
2 | with Illinois Emergency
Management Agency rules, political | ||||||
3 | subdivision emergency
management exercises for those | ||||||
4 | political subdivisions
required to have an emergency | ||||||
5 | services and disaster agency
pursuant to this Act.
| ||||||
6 | (6)
Determine requirements of the State and its | ||||||
7 | political subdivisions for
food, clothing, and other | ||||||
8 | necessities in event of a
disaster.
| ||||||
9 | (7)
Establish a register of persons with types of | ||||||
10 | emergency management training
and skills in mitigation, | ||||||
11 | preparedness, response, and
recovery.
| ||||||
12 | (8)
Establish a register of government and private | ||||||
13 | response resources available
for use in a disaster.
| ||||||
14 | (9)
Expand the Earthquake Awareness Program and its | ||||||
15 | efforts to distribute
earthquake preparedness materials to | ||||||
16 | schools, political
subdivisions, community groups, civic | ||||||
17 | organizations, and the media.
Emphasis will be placed on | ||||||
18 | those areas of the State most
at risk from an earthquake. | ||||||
19 | Maintain the list of all
school districts, hospitals, | ||||||
20 | airports, power plants,
including nuclear power plants, | ||||||
21 | lakes, dams, emergency
response facilities of all types, | ||||||
22 | and all other major public or
private structures which are | ||||||
23 | at the greatest risk of damage
from earthquakes under | ||||||
24 | circumstances where the damage
would cause subsequent harm | ||||||
25 | to the surrounding communities
and residents.
| ||||||
26 | (10)
Disseminate all information, completely and | ||||||
27 | without delay, on water levels
for rivers and streams and | ||||||
28 | any other data pertaining to
potential flooding supplied by | ||||||
29 | the Division of Water
Resources within the Department of | ||||||
30 | Natural Resources to all
political subdivisions to the | ||||||
31 | maximum extent
possible.
| ||||||
32 | (11)
Develop agreements, if feasible, with medical | ||||||
33 | supply and equipment firms to
supply resources as are | ||||||
34 | necessary to respond to an
earthquake or any other disaster | ||||||
35 | as defined in this Act. These
resources will be made | ||||||
36 | available upon notifying the
vendor of the disaster. |
| |||||||
| |||||||
1 | Payment for the resources will
be in accordance with | ||||||
2 | Section 7 of this Act. The
Illinois Department of Public | ||||||
3 | Health shall determine which
resources will be required and | ||||||
4 | requested.
| ||||||
5 | (11.5)
In coordination with the Department of State | ||||||
6 | Police, develop and implement
a community outreach program | ||||||
7 | to promote awareness among the
State's parents and children | ||||||
8 | of child abduction prevention
and response.
| ||||||
9 | (12)
Out of funds appropriated for these purposes, | ||||||
10 | award capital and non-capital
grants to Illinois hospitals | ||||||
11 | or health care facilities
located outside of a city with a | ||||||
12 | population in excess of
1,000,000 to be used for purposes | ||||||
13 | that include, but are not
limited to, preparing to respond | ||||||
14 | to mass casualties and
disasters, maintaining and | ||||||
15 | improving patient safety and
quality of care, and | ||||||
16 | protecting the confidentiality
of patient information. No | ||||||
17 | single grant for a capital
expenditure shall exceed | ||||||
18 | $300,000. No single grant for
a non-capital expenditure | ||||||
19 | shall exceed $100,000. In
awarding such grants, preference | ||||||
20 | shall be given to hospitals
that serve a significant number | ||||||
21 | of Medicaid recipients, but do
not qualify for | ||||||
22 | disproportionate share
hospital adjustment payments under | ||||||
23 | the Illinois Public Aid Code.
To receive such a grant, a | ||||||
24 | hospital or health care
facility must provide funding of at | ||||||
25 | least 50% of the cost of the
project for which the grant is | ||||||
26 | being requested. In awarding
such grants the Illinois | ||||||
27 | Emergency Management Agency
shall consider the | ||||||
28 | recommendations of the
Illinois Hospital Association.
| ||||||
29 | (13)
Do all other things necessary, incidental or | ||||||
30 | appropriate for the
implementation of this Act. | ||||||
31 | (Source: P.A. 92-73, eff. 1-1-02; 92-597, eff.
6-28-02; 93-249, | ||||||
32 | eff. 7-22-03; 93-310, eff. 7-23-03; revised
9-11-03.) | ||||||
33 | Section 105.
The Illinois Finance Authority Act is amended | ||||||
34 | by changing Sections 801-1 and 815-10 as
follows:
|
| |||||||
| |||||||
1 | (20 ILCS
3501/801-1)
| ||||||
2 | Sec. 801-1.
Short Title. Articles
801
80 through 845 of | ||||||
3 | this Act may be cited as the Illinois Finance
Authority Act. | ||||||
4 | References to "this Act" in Articles 801 through 845
are | ||||||
5 | references to the Illinois Finance Authority
Act. | ||||||
6 | (Source: P.A. 93-205, eff. 1-1-04; revised
9-16-03.)
| ||||||
7 | (20 ILCS
3501/815-10)
| ||||||
8 | Sec. 815-10.
Definitions. The following terms, whenever
| ||||||
9 | used or referred to in this Article, shall have the
following | ||||||
10 | meanings ascribed to them, except where the context
clearly | ||||||
11 | requires otherwise: | ||||||
12 | (a) "Property"
means land, parcels or combination of | ||||||
13 | parcels, structures, and all improvements, easements
and | ||||||
14 | franchises .
; | ||||||
15 | (b)
"Redevelopment area" means any property which is a | ||||||
16 | contiguous area of at least 2 acres but less than 160
acres in | ||||||
17 | the aggregate located within one and one-half miles of
the | ||||||
18 | corporate limits of a municipality and not included
within any | ||||||
19 | municipality, where, (1) if improved, a substantial
proportion | ||||||
20 | of the industrial, commercial and residential
buildings or | ||||||
21 | improvements are detrimental to the public safety,
health, | ||||||
22 | morals or welfare because of a combination of any of
the | ||||||
23 | following factors: age; physical configuration;
dilapidation; | ||||||
24 | structural or economic obsolescence; deterioration;
illegal | ||||||
25 | use of individual structures; presence of structures
below | ||||||
26 | minimum code standards; excessive and sustained
vacancies; | ||||||
27 | overcrowding of structures and community facilities;
| ||||||
28 | inadequate ventilation, light, sewer, water,
transportation | ||||||
29 | and other infrastructure facilities; inadequate
utilities; | ||||||
30 | excessive land coverage; deleterious land use or
layout; | ||||||
31 | depreciation or lack of physical maintenance; and lack
of | ||||||
32 | community planning; or (2) if vacant, the sound
utilization of | ||||||
33 | land for industrial projects is impaired by a
combination of 2 | ||||||
34 | or more of the following factors: obsolete platting of
the | ||||||
35 | vacant land; diversity of ownership of such land; tax
and |
| |||||||
| |||||||
1 | special assessment delinquencies on such land; and
| ||||||
2 | deterioration of structures or site improvements in
| ||||||
3 | neighboring areas to the vacant land, or the area
immediately | ||||||
4 | prior to becoming vacant qualified as a redevelopment
improved | ||||||
5 | area; or (3) if an improved area within the boundaries
of a | ||||||
6 | development project is located within the corporate
limits of | ||||||
7 | the municipality in which 50% or more of the
structures in the | ||||||
8 | area have an age of 35 years or more, such area does
not | ||||||
9 | qualify under clause (1) but is detrimental to the
public | ||||||
10 | safety, health, morals or welfare and such area may
become a | ||||||
11 | redevelopment area pursuant to clause (1) because of a
| ||||||
12 | combination of 3 or more of the factors specified in
clause | ||||||
13 | (1). | ||||||
14 | (c) "Enterprise"
means an individual, corporation, | ||||||
15 | partnership, joint venture, trust,
estate , or unincorporated | ||||||
16 | association .
; | ||||||
17 | (d) "Development
plan" means the comprehensive program of | ||||||
18 | the Authority and the participating entity to reduce
or | ||||||
19 | eliminate those conditions the existence of which
qualified the | ||||||
20 | project area as a redevelopment area. Each development
plan | ||||||
21 | shall set forth in writing the program to be
undertaken to | ||||||
22 | accomplish such objectives and shall include, without
| ||||||
23 | limitation, estimated development project costs, the
sources | ||||||
24 | of funds to pay costs, the nature and term of any
obligations | ||||||
25 | to be issued, the most recent equalized assessed
valuation of | ||||||
26 | the project area, an estimate as to the equalized
assessed | ||||||
27 | valuation after development and the general land uses
to apply | ||||||
28 | in the project area. | ||||||
29 | (e) "Development
project" means any project in furtherance | ||||||
30 | of the objectives of a development plan, including any
building | ||||||
31 | or buildings or building addition or other structures
to be | ||||||
32 | newly constructed, renovated or improved and suitable
for use | ||||||
33 | by an enterprise as an industrial project, and
includes the | ||||||
34 | sites and other rights in the property on which such
buildings | ||||||
35 | or structures are located. | ||||||
36 | (f)
"Participating entity" means a municipality, a local
|
| |||||||
| |||||||
1 | industrial development agency or an enterprise or any
| ||||||
2 | combination thereof. | ||||||
3 | (Source: P.A. 93-205, eff. 1-1-04; revised
10-9-03.) | ||||||
4 | Section 110.
The Council on Responsible Fatherhood Act is | ||||||
5 | amended by changing Section 10 as
follows:
| ||||||
6 | (20 ILCS
3927/10)
| ||||||
7 | (Section
scheduled to be repealed on July 1, 2005) | ||||||
8 | Sec. 10.
Fatherhood initiative.
| ||||||
9 | (a) The purpose
of this Act shall be implemented through a | ||||||
10 | fatherhood initiative to be directed by the Council on
| ||||||
11 | Responsible Fatherhood created by this
Act. | ||||||
12 | (b) The goals of
the fatherhood initiative are to increase | ||||||
13 | the awareness of the problems created when a child
grows up | ||||||
14 | without the presence of a responsible father; to
identify | ||||||
15 | obstacles that impede or prevent the involvement of
responsible | ||||||
16 | fathers in the lives of their children; to identify
strategies | ||||||
17 | that are successful in overcoming identified obstacles
and in | ||||||
18 | encouraging responsible fatherhood; and to facilitate
the | ||||||
19 | transition from current policies, perceptions, and
practices | ||||||
20 | that adversely affect the participation of fathers in
their | ||||||
21 | children's lives to policies, perceptions, and
practices that | ||||||
22 | promote the contributions of responsible fathers. The
| ||||||
23 | fatherhood initiative must promote positive
interaction | ||||||
24 | between fathers and their children. While the emphasis
of the | ||||||
25 | program must be on the population of children whose
families | ||||||
26 | have received or are receiving public assistance, the
program | ||||||
27 | may not exclude other populations of children for
which the | ||||||
28 | program is appropriate. | ||||||
29 | (c)
(b) The fatherhood initiative
must include, but is not | ||||||
30 | limited to, the following:
| ||||||
31 | (1)
The promotion of public education concerning the | ||||||
32 | financial and emotional
responsibilities of fatherhood.
| ||||||
33 | (2)
The provision of assistance to men in preparing for | ||||||
34 | the legal, financial, and
emotional responsibilities of |
| |||||||
| |||||||
1 | fatherhood.
| ||||||
2 | (3)
The promotion of the establishment of paternity | ||||||
3 | upon the birth of a
child.
| ||||||
4 | (4)
The encouragement of fathers in fostering an | ||||||
5 | emotional connection to
children and providing financial | ||||||
6 | support to
children.
| ||||||
7 | (5)
The establishment of support mechanisms for | ||||||
8 | fathers developing and
maintaining relationships with | ||||||
9 | their children.
| ||||||
10 | (6)
The identification and promotion of methods that | ||||||
11 | reduce the negative outcomes
experienced by children | ||||||
12 | affected by divorce,
separation, and disputes concerning | ||||||
13 | custody and
visitation.
| ||||||
14 | (7)
The integration of State and local services | ||||||
15 | available to
families. | ||||||
16 | (Source: P.A. 93-437, eff. 8-5-03; revised
10-9-03.) | ||||||
17 | Section 115.
The Illinois State Auditing Act is amended by | ||||||
18 | changing Section 3-1 as
follows:
| ||||||
19 | (30 ILCS
5/3-1) (from Ch. 15, par.
303-1)
| ||||||
20 | Sec. 3-1.
Jurisdiction of Auditor General. The Auditor
| ||||||
21 | General has jurisdiction over all State agencies to
make post | ||||||
22 | audits and investigations authorized by or under this
Act or | ||||||
23 | the Constitution. | ||||||
24 | The Auditor
General has jurisdiction over local government | ||||||
25 | agencies and private agencies only:
| ||||||
26 | (a)
to make such post audits authorized by or under | ||||||
27 | this Act as are necessary and
incidental to a post audit of | ||||||
28 | a State agency or of a program
administered by a State | ||||||
29 | agency involving public funds
of the State, but this | ||||||
30 | jurisdiction does not include
any authority to review local | ||||||
31 | governmental agencies in the
obligation, receipt, | ||||||
32 | expenditure or use of public
funds of the State that are | ||||||
33 | granted without limitation or
condition imposed by law, | ||||||
34 | other than the general
limitation that such funds be used |
| |||||||
| |||||||
1 | for public
purposes;
| ||||||
2 | (b)
to make investigations authorized by or under this | ||||||
3 | Act or the Constitution;
and
| ||||||
4 | (c)
to make audits of the records of local government | ||||||
5 | agencies to verify actual
costs of state-mandated programs | ||||||
6 | when directed to do so by the
Legislative Audit Commission | ||||||
7 | at the request of the State
Board of Appeals under the | ||||||
8 | State Mandates
Act. | ||||||
9 | In addition to
the foregoing, the Auditor General may | ||||||
10 | conduct an audit of the Metropolitan Pier and
Exposition | ||||||
11 | Authority, the Regional Transportation Authority, the
Suburban | ||||||
12 | Bus Division, the Commuter Rail Division and the
Chicago | ||||||
13 | Transit Authority and any other subsidized carrier
when | ||||||
14 | authorized by the Legislative Audit Commission. Such
audit may | ||||||
15 | be a financial, management or program audit, or any
combination | ||||||
16 | thereof. | ||||||
17 | The audit shall
determine whether they are operating in | ||||||
18 | accordance with all applicable laws and regulations.
Subject to | ||||||
19 | the limitations of this Act, the Legislative Audit
Commission | ||||||
20 | may by resolution specify additional determinations to
be | ||||||
21 | included in the scope of the audit.
| ||||||
22 | In addition to
the foregoing, the Auditor General must also | ||||||
23 | conduct a financial audit of the Illinois Sports
Facilities | ||||||
24 | Authority's expenditures of public funds in connection
with the | ||||||
25 | reconstruction, renovation, remodeling, extension, or
| ||||||
26 | improvement of all or substantially all of any
existing | ||||||
27 | "facility", as that term is defined in the Illinois
Sports | ||||||
28 | Facilities Authority Act. | ||||||
29 | The Auditor
General may also conduct an audit, when | ||||||
30 | authorized by the Legislative Audit Commission, of any
hospital | ||||||
31 | which receives 10% or more of its gross revenues from
payments | ||||||
32 | from the State of Illinois, Department of Public Aid,
Medical | ||||||
33 | Assistance Program. | ||||||
34 | The Auditor
General is authorized to conduct financial and | ||||||
35 | compliance audits of the Illinois Distance Learning
Foundation | ||||||
36 | and the Illinois Conservation Foundation.
|
| |||||||
| |||||||
1 | As soon as
practical after the effective date of this | ||||||
2 | amendatory Act of 1995, the Auditor General shall
conduct a | ||||||
3 | compliance and management audit of the City of Chicago
and any | ||||||
4 | other entity with regard to the operation of Chicago
O'Hare | ||||||
5 | International Airport, Chicago Midway Airport and
Merrill C. | ||||||
6 | Meigs Field. The audit shall include, but not be
limited to, an | ||||||
7 | examination of revenues, expenses, and transfers of
funds; | ||||||
8 | purchasing and contracting policies and practices;
staffing | ||||||
9 | levels; and hiring practices and procedures. When
completed, | ||||||
10 | the audit required by this paragraph shall be
distributed in | ||||||
11 | accordance with Section 3-14.
| ||||||
12 | The Auditor
General shall conduct a financial and | ||||||
13 | compliance and program audit of distributions from the
| ||||||
14 | Municipal Economic Development Fund during the
immediately | ||||||
15 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
16 | Public Utilities Act at no cost to the city, village,
or | ||||||
17 | incorporated town that received the
distributions. | ||||||
18 | The Auditor
General must conduct an audit of the Health | ||||||
19 | Facilities Planning Board pursuant to Section 19.5 of
the | ||||||
20 | Illinois Health Facilities Planning Act.
| ||||||
21 | The Auditor
General of the State of Illinois shall annually | ||||||
22 | conduct or cause to be conducted a financial and
compliance | ||||||
23 | audit of the books and records of any county water
commission | ||||||
24 | organized pursuant to the Water Commission Act of 1985
and | ||||||
25 | shall file a copy of the report of that audit with the
Governor | ||||||
26 | and the Legislative Audit Commission. The filed audit
shall be | ||||||
27 | open to the public for inspection. The cost of the
audit shall | ||||||
28 | be charged to the county water commission in
accordance with | ||||||
29 | Section 6z-27 of the State Finance Act. The county
water | ||||||
30 | commission shall make available to the Auditor General
its | ||||||
31 | books and records and any other documentation, whether
in the | ||||||
32 | possession of its trustees or other parties, necessary
to | ||||||
33 | conduct the audit required. These audit requirements
apply only | ||||||
34 | through July 1, 2007. | ||||||
35 | The Auditor
General must conduct audits of the Rend Lake | ||||||
36 | Conservancy District as provided in Section 25.5 of
the River |
| |||||||
| |||||||
1 | Conservancy Districts Act. | ||||||
2 | (Source: P.A. 93-226, eff. 7-22-03; 93-259, eff.
7-22-03; | ||||||
3 | 93-275, eff. 7-22-03; revised 8-25-03.)
| ||||||
4 | Section 120.
The State Finance Act is amended by changing, | ||||||
5 | setting forth, and renumbering multiple versions of
Sections | ||||||
6 | 5.545, 5.552, 5.567, 5.570, 5.571, 5.595, 5.596, and
8h and | ||||||
7 | changing Sections 6z-43 and 8j as
follows:
| ||||||
8 | (30 ILCS
105/5.545)
| ||||||
9 | Sec. 5.545.
The Digital Divide Elimination Fund. | ||||||
10 | (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff.
7-11-02.)
| ||||||
11 | (30 ILCS
105/5.552)
| ||||||
12 | Sec. 5.552.
The ICCB Adult Education Fund. | ||||||
13 | (Source: P.A. 92-49, eff. 7-9-01; 92-651, eff.
7-11-02.)
| ||||||
14 | (30 ILCS
105/5.567)
| ||||||
15 | Sec. 5.567.
The Secretary of State Police Services Fund. | ||||||
16 | (Source: P.A. 92-501, eff. 12-19-01; 92-651, eff.
7-11-02.)
| ||||||
17 | (30 ILCS
105/5.569)
| ||||||
18 | Sec.
5.569
5.570 . The
National Guard Grant Fund. | ||||||
19 | (Source: P.A. 92-589, eff. 7-1-02; revised
8-27-02.)
| ||||||
20 | (30 ILCS
105/5.570)
| ||||||
21 | Sec. 5.570.
The Illinois Student Assistance Commission | ||||||
22 | Contracts and Grants Fund. | ||||||
23 | (Source: P.A. 92-597, eff. 6-28-02.)
| ||||||
24 | (30 ILCS
105/5.571)
| ||||||
25 | Sec. 5.571.
The Career and Technical Education Fund. | ||||||
26 | (Source: P.A. 92-597, eff. 6-28-02.)
| ||||||
27 | (30 ILCS
105/5.572)
| ||||||
28 | Sec.
5.572
5.570 . The
Presidential Library and Museum |
| |||||||
| |||||||
1 | Operating Fund. | ||||||
2 | (Source: P.A. 92-600, eff. 6-28-02; revised
8-27-02.)
| ||||||
3 | (30 ILCS
105/5.573)
| ||||||
4 | Sec.
5.573
5.571 . The Family
Care Fund. | ||||||
5 | (Source: P.A. 92-600, eff. 6-28-02; revised
8-27-02.)
| ||||||
6 | (30 ILCS
105/5.574)
| ||||||
7 | Sec.
5.574
5.570 . The
Transportation Safety Highway | ||||||
8 | Hire-back Fund. | ||||||
9 | (Source: P.A. 92-619, eff. 1-1-03; revised
8-27-02.)
| ||||||
10 | (30 ILCS
105/5.575)
| ||||||
11 | Sec.
5.575
5.570 . The
McKinley Bridge Fund. | ||||||
12 | (Source: P.A. 92-679, eff. 7-16-02; revised
8-27-02.)
| ||||||
13 | (30 ILCS
105/5.576)
| ||||||
14 | Sec.
5.576
5.570 . The
Illinois Century Network Special | ||||||
15 | Purposes Fund. | ||||||
16 | (Source: P.A. 92-691, eff. 7-18-02; revised
8-27-02.)
| ||||||
17 | (30 ILCS
105/5.577)
| ||||||
18 | Sec.
5.577
5.545 . The Hospice
Fund. | ||||||
19 | (Source: P.A. 92-693, eff. 1-1-03; revised
8-27-02.)
| ||||||
20 | (30 ILCS
105/5.578)
| ||||||
21 | Sec.
5.578
5.552 . Lewis and
Clark Bicentennial Fund. | ||||||
22 | (Source: P.A. 92-694, eff. 1-1-03; revised
8-27-02.)
| ||||||
23 | (30 ILCS
105/5.579)
| ||||||
24 | Sec.
5.579
5.570 . The Public
Broadcasting Fund. | ||||||
25 | (Source: P.A. 92-695, eff. 1-1-03; revised
8-27-02.)
| ||||||
26 | (30 ILCS
105/5.580)
| ||||||
27 | Sec.
5.580
5.570 . The Park
District Youth Program Fund. | ||||||
28 | (Source: P.A. 92-697, eff. 7-19-02; revised
8-27-02.)
|
| |||||||
| |||||||
1 | (30 ILCS
105/5.581)
| ||||||
2 | Sec.
5.581
5.570 . The
Professional Sports Teams Education | ||||||
3 | Fund. | ||||||
4 | (Source: P.A. 92-699, eff. 1-1-03; revised
8-27-02.)
| ||||||
5 | (30 ILCS
105/5.582)
| ||||||
6 | Sec.
5.582
5.570 . The
Illinois Pan Hellenic Trust Fund. | ||||||
7 | (Source: P.A. 92-702, eff. 1-1-03; revised
8-27-02.)
| ||||||
8 | (30 ILCS
105/5.583)
| ||||||
9 | Sec.
5.583
5.567 . The
September 11th Fund. | ||||||
10 | (Source: P.A. 92-704, eff. 7-19-02; revised
8-27-02.)
| ||||||
11 | (30 ILCS
105/5.584)
| ||||||
12 | Sec.
5.584
5.570 . The
Illinois Route 66 Heritage Project | ||||||
13 | Fund. | ||||||
14 | (Source: P.A. 92-706, eff. 1-1-03; revised
8-27-02.)
| ||||||
15 | (30 ILCS
105/5.585)
| ||||||
16 | Sec.
5.585
5.570 . The Stop
Neuroblastoma Fund. | ||||||
17 | (Source: P.A. 92-711, eff. 7-19-02; revised
8-27-02.)
| ||||||
18 | (30 ILCS
105/5.586)
| ||||||
19 | Sec.
5.586
5.570 . The
Lawyers' Assistance Program Fund. | ||||||
20 | (Source: P.A. 92-747, eff. 7-31-02; revised
8-27-02.)
| ||||||
21 | (30 ILCS
105/5.587)
| ||||||
22 | Sec.
5.587
5.570 . The Local
Planning Fund. | ||||||
23 | (Source: P.A. 92-768, eff. 8-6-02; revised
8-27-02.)
| ||||||
24 | (30 ILCS
105/5.588)
| ||||||
25 | Sec.
5.588
5.570 . The
Multiple Sclerosis Assistance Fund. | ||||||
26 | (Source: P.A. 92-772, eff. 8-6-02; revised
8-27-02.)
| ||||||
27 | (30 ILCS
105/5.589)
|
| |||||||
| |||||||
1 | Sec.
5.589
5.570 . The
Innovations in Long-term Care Quality | ||||||
2 | Demonstration Grants Fund. | ||||||
3 | (Source: P.A. 92-784, eff. 8-6-02; revised
8-27-02.)
| ||||||
4 | (30 ILCS
105/5.590)
| ||||||
5 | Sec.
5.590
5.570 . The End
Stage Renal Disease Facility | ||||||
6 | Licensing Fund. | ||||||
7 | (Source: P.A. 92-794, eff. 7-1-03; revised
9-27-03.)
| ||||||
8 | (30 ILCS
105/5.591)
| ||||||
9 | Sec.
5.591
5.570 . The
Restricted Call Registry Fund. | ||||||
10 | (Source: P.A. 92-795, eff. 8-9-02; revised
8-27-02.)
| ||||||
11 | (30 ILCS
105/5.592)
| ||||||
12 | Sec.
5.592
5.570 . The
Illinois Military Family Relief Fund. | ||||||
13 | (Source: P.A. 92-886, eff. 2-7-03; revised
2-17-03.)
| ||||||
14 | (30 ILCS
105/5.593)
| ||||||
15 | Sec.
5.593
5.595 . The
Illinois Medical District at | ||||||
16 | Springfield Income Fund. | ||||||
17 | (Source: P.A. 92-870, eff. 1-3-03; revised
4-14-03.)
| ||||||
18 | (30 ILCS
105/5.594)
| ||||||
19 | Sec.
5.594
5.595 . The Pension
Contribution Fund. | ||||||
20 | (Source: P.A. 93-2, eff. 4-7-03; revised
4-14-03.)
| ||||||
21 | (30 ILCS
105/5.595)
| ||||||
22 | Sec. 5.595.
The Senior Citizens and Disabled Persons | ||||||
23 | Prescription Drug Discount Program Fund.
| ||||||
24 | (Source: P.A. 93-18, eff. 7-1-03.)
| ||||||
25 | (30 ILCS
105/5.596)
| ||||||
26 | Sec.
5.596
5.595 . The
Emergency Public Health Fund. | ||||||
27 | (Source: P.A. 93-32, eff. 6-20-03; revised
10-9-03.)
| ||||||
28 | (30 ILCS
105/5.597)
|
| |||||||
| |||||||
1 | Sec.
5.597
5.596 . The
Illinois Clean Water Fund. | ||||||
2 | (Source: P.A. 93-32, eff. 7-1-03; revised
10-9-03.)
| ||||||
3 | (30 ILCS
105/5.598)
| ||||||
4 | Sec.
5.598
5.595 . The Fire
Truck Revolving Loan Fund. | ||||||
5 | (Source: P.A. 93-35, eff. 6-24-03; revised
10-9-03.)
| ||||||
6 | (30 ILCS
105/5.599)
| ||||||
7 | Sec.
5.599
5.595 . The Lou
Gehrig's Disease (ALS) Research | ||||||
8 | Fund. | ||||||
9 | (Source: P.A. 93-36, eff. 6-24-03; revised
10-9-03.)
| ||||||
10 | (30 ILCS
105/5.600)
| ||||||
11 | Sec.
5.600
5.595 . The
Emergency Public Health Fund. | ||||||
12 | (Source: P.A. 93-52, eff. 6-30-03; revised
10-9-03.)
| ||||||
13 | (30 ILCS
105/5.601)
| ||||||
14 | Sec.
5.601
5.595 .
The Obesity Study and Prevention Fund.
| ||||||
15 | (Source: P.A. 93-60, eff. 7-1-03; revised
10-9-03.)
| ||||||
16 | (30 ILCS
105/5.602)
| ||||||
17 | Sec.
5.602
5.595 . The World
War II Illinois Veterans | ||||||
18 | Memorial Fund. | ||||||
19 | (Source: P.A. 93-131, eff. 7-10-03; revised
10-9-03.)
| ||||||
20 | (30 ILCS
105/5.603)
| ||||||
21 | Sec.
5.603
5.595 . The Oil
Spill Response Fund. | ||||||
22 | (Source: P.A. 93-152, eff. 7-10-03; revised
10-9-03.)
| ||||||
23 | (30 ILCS
105/5.604)
| ||||||
24 | Sec.
5.604
5.595 . The
Community Senior Services and | ||||||
25 | Resources Fund. | ||||||
26 | (Source: P.A. 93-246, eff. 7-22-03; revised
10-9-03.)
| ||||||
27 | (30 ILCS
105/5.605)
| ||||||
28 | Sec.
5.605
5.595 . The Good
Samaritan Energy Trust Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 93-285, eff. 7-22-03; revised
10-9-03.)
| ||||||
2 | (30 ILCS
105/5.606)
| ||||||
3 | Sec.
5.606
5.595 . The
Leukemia Treatment and Education | ||||||
4 | Fund. | ||||||
5 | (Source: P.A. 93-324, eff. 7-23-03; revised
10-9-03.)
| ||||||
6 | (30 ILCS
105/5.607)
| ||||||
7 | Sec.
5.607
5.595 . The State
Library Fund. | ||||||
8 | (Source: P.A. 93-397, eff. 1-1-04; revised
10-9-03.)
| ||||||
9 | (30 ILCS
105/5.608)
| ||||||
10 | Sec.
5.608
5.595 . The
Responsible Fatherhood Fund. | ||||||
11 | (Source: P.A. 93-437, eff. 8-5-03; revised
10-9-03.)
| ||||||
12 | (30 ILCS
105/5.609)
| ||||||
13 | Sec.
5.609
5.595 . The
Corporate Crime Fund. | ||||||
14 | (Source: P.A. 93-496, eff. 1-1-04; revised
10-9-03.)
| ||||||
15 | (30 ILCS
105/5.610)
| ||||||
16 | Sec.
5.610
5.595 . The TOMA
Consumer Protection Fund. | ||||||
17 | (Source: P.A. 93-535, eff. 1-1-04; revised
10-9-03.)
| ||||||
18 | (30 ILCS
105/5.611)
| ||||||
19 | Sec.
5.611
5.595 . The Debt
Collection Fund. | ||||||
20 | (Source: P.A. 93-570, eff. 8-20-03; revised
10-9-03.)
| ||||||
21 | (30 ILCS
105/5.612)
| ||||||
22 | Sec.
5.612
5.595 . The Help
Illinois Vote Fund. | ||||||
23 | (Source: P.A. 93-574, eff. 8-21-03; revised
10-9-03.)
| ||||||
24 | (30 ILCS
105/5.613)
| ||||||
25 | Sec.
5.613
5.595 . The
Secretary of State Police DUI Fund. | ||||||
26 | (Source: P.A. 93-584, eff. 8-22-03; revised
10-9-03.)
| ||||||
27 | (30 ILCS
105/5.614)
|
| |||||||
| |||||||
1 | Sec.
5.614
5.595 . The I-FLY
Fund. | ||||||
2 | (Source: P.A. 93-585, eff. 8-22-03; revised
10-9-03.)
| ||||||
3 | (30 ILCS
105/5.615)
| ||||||
4 | Sec.
5.615
5.596 . The
Efficiency Initiatives Revolving | ||||||
5 | Fund. | ||||||
6 | (Source: P.A. 93-25, eff. 6-20-03; revised
10-9-03.)
| ||||||
7 | (30 ILCS
105/5.616)
| ||||||
8 | Sec.
5.616
5.596 . ICCB
Federal Trust Fund. | ||||||
9 | (Source: P.A. 93-153, eff. 7-10-03; revised
10-9-03.) | ||||||
10 | (30 ILCS
105/5.617) | ||||||
11 | Sec.
5.617.
5.595. The
Illinois Law Enforcement Training | ||||||
12 | Standards Board Costs and Attorney Fees Fund.
| ||||||
13 | (Source: P.A. 93-605, eff. 11-19-03; revised
1-10-04.) | ||||||
14 | (30 ILCS
105/5.618)
| ||||||
15 | Sec.
5.618
5.595 . The Tax
Recovery Fund. | ||||||
16 | (Source: P.A. 93-658, eff. 1-22-04; revised
1-22-04.)
| ||||||
17 | (30 ILCS
105/6z-43)
| ||||||
18 | Sec. 6z-43.
Tobacco Settlement Recovery Fund.
| ||||||
19 | (a) There is
created in the State Treasury a special fund | ||||||
20 | to be known as the Tobacco Settlement Recovery Fund,
into which | ||||||
21 | shall be deposited all monies paid to the State
pursuant to (1) | ||||||
22 | the Master Settlement Agreement entered in the case of
People | ||||||
23 | of the State of Illinois v. Philip Morris, et al.
(Circuit | ||||||
24 | Court of Cook County, No. 96-L13146) and (2) any
settlement | ||||||
25 | with or judgment against any tobacco product
manufacturer other | ||||||
26 | than one participating in the Master Settlement
Agreement in | ||||||
27 | satisfaction of any released claim as defined in the
Master | ||||||
28 | Settlement Agreement, as well as any other monies as
provided | ||||||
29 | by law. All earnings on Fund investments shall be
deposited | ||||||
30 | into the Fund. Upon the creation of the Fund, the
State | ||||||
31 | Comptroller shall order the State Treasurer to
transfer into |
| |||||||
| |||||||
1 | the Fund any monies paid to the State as described in
item (1) | ||||||
2 | or (2) of this Section before the creation of the Fund
plus any | ||||||
3 | interest earned on the investment of those monies. The
| ||||||
4 | Treasurer may invest the moneys in the Fund in the
same manner, | ||||||
5 | in the same types of investments, and subject to the
same | ||||||
6 | limitations provided in the Illinois Pension Code for
the | ||||||
7 | investment of pension funds other than those
established under | ||||||
8 | Article 3 or 4 of the Code. | ||||||
9 | (b) As soon as
may be practical after June 30, 2001, upon | ||||||
10 | notification from and at the direction of the
Governor, the | ||||||
11 | State Comptroller shall direct and the State Treasurer
shall | ||||||
12 | transfer the unencumbered balance in the Tobacco
Settlement | ||||||
13 | Recovery Fund as of June 30, 2001, as determined by
the | ||||||
14 | Governor, into the Budget Stabilization Fund. The
Treasurer may | ||||||
15 | invest the moneys in the Budget Stabilization Fund in
the same | ||||||
16 | manner, in the same types of investments, and subject
to the | ||||||
17 | same limitations provided in the Illinois Pension Code
for the | ||||||
18 | investment of pension funds other than those
established under | ||||||
19 | Article 3 or 4 of the Code. | ||||||
20 | (c) In addition
to any other deposits authorized by law, | ||||||
21 | after any delivery of any bonds as authorized by
Section 7.5 of | ||||||
22 | the General Obligation Bond Act for deposits to the
General | ||||||
23 | Revenue Fund and the Budget Stabilization Fund
(referred to as | ||||||
24 | "tobacco securitization general obligation bonds"),
the | ||||||
25 | Governor shall certify, on or before June 30, 2003 and
June 30 | ||||||
26 | of each year thereafter, to the State Comptroller and
State | ||||||
27 | Treasurer the total amount of principal of, interest
on, and | ||||||
28 | premium, if any, due on those bonds in the next fiscal
year | ||||||
29 | beginning with amounts due in fiscal year 2004. As
soon as | ||||||
30 | practical after the annual payment of tobacco
settlement moneys | ||||||
31 | to the Tobacco Settlement Recovery Fund as described
in item | ||||||
32 | (1) of subsection (a), the State Treasurer and State
| ||||||
33 | Comptroller shall transfer from the Tobacco Settlement
| ||||||
34 | Recovery Fund to the General Obligation Bond
Retirement and | ||||||
35 | Interest Fund the amount certified by the Governor,
plus any | ||||||
36 | cumulative deficiency in those transfers for prior
years. |
| |||||||
| |||||||
1 | (d)
(c) All federal financial
participation moneys | ||||||
2 | received pursuant to expenditures from the Fund shall
be | ||||||
3 | deposited into the Fund. | ||||||
4 | (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff.
7-1-00; | ||||||
5 | 91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff.
6-28-01; | ||||||
6 | 92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised
9-3-02.)
| ||||||
7 | (30 ILCS
105/8h)
| ||||||
8 | Sec. 8h.
Transfers to General Revenue Fund. | ||||||
9 | Notwithstanding any other State law to the contrary,
the | ||||||
10 | Director of the Governor's Office of
Management and Budget | ||||||
11 | Bureau of the Budget may
from time to time direct the State | ||||||
12 | Treasurer and Comptroller to transfer a specified sum
from any | ||||||
13 | fund held by the State Treasurer to the General
Revenue Fund in | ||||||
14 | order to help defray the State's operating costs for
the fiscal | ||||||
15 | year. The total transfer under this Section from any
fund in | ||||||
16 | any fiscal year shall not exceed the lesser of 8% of
the | ||||||
17 | revenues to be deposited into the fund during that
year or 25% | ||||||
18 | of the beginning balance in the fund. No transfer may
be made | ||||||
19 | from a fund under this Section that would have the
effect of | ||||||
20 | reducing the available balance in the fund to an
amount less | ||||||
21 | than the amount remaining unexpended and unreserved
from the | ||||||
22 | total appropriation from that fund for that fiscal
year. This | ||||||
23 | Section does not apply to any funds that are
restricted by | ||||||
24 | federal law to a specific use or to any funds in the
Motor Fuel | ||||||
25 | Tax Fund. Notwithstanding any other provision of this
Section, | ||||||
26 | the total transfer under this Section from the Road
Fund or the | ||||||
27 | State Construction Account Fund shall not exceed 5% of
the | ||||||
28 | revenues to be deposited into the fund during that
year. | ||||||
29 | In determining
the available balance in a fund, the | ||||||
30 | Director of the Governor's Office of
Management and Budget | ||||||
31 | Bureau of the Budget may
include receipts, transfers into the | ||||||
32 | fund, and other resources anticipated to be available
in the | ||||||
33 | fund in that fiscal year. | ||||||
34 | The State
Treasurer and Comptroller shall transfer the | ||||||
35 | amounts designated under this Section as soon as may
be |
| |||||||
| |||||||
1 | practicable after receiving the direction to transfer
from the | ||||||
2 | Director of the Governor's Office of
Management and Budget | ||||||
3 | Bureau of the
Budget . | ||||||
4 | (Source: P.A. 93-32, eff. 6-20-03; revised
8-21-03.)
| ||||||
5 | (30 ILCS
105/8i)
| ||||||
6 | Sec.
8i
8h . Transfers
between the Communications Revolving | ||||||
7 | Fund and the Illinois Military Family Relief Fund. The
State | ||||||
8 | Comptroller shall order transferred and the Treasurer
shall | ||||||
9 | transfer, on March 31, 2003 or as soon as practicable
| ||||||
10 | thereafter, the amount of $300,000 from the
Communications | ||||||
11 | Revolving Fund to the Illinois Military Family Relief
Fund. | ||||||
12 | Beginning on July 1, 2004, the State Comptroller shall
order | ||||||
13 | transferred and the Treasurer shall transfer, on the
last day | ||||||
14 | of each month, an amount equal to 50% of that day's
beginning | ||||||
15 | balance in the Illinois Military Family Relief Fund
from the | ||||||
16 | Illinois Military Family Relief Fund to the
Communications | ||||||
17 | Revolving Fund. These transfers shall continue until
the | ||||||
18 | cumulative total of transfers executed from the
Illinois | ||||||
19 | Military Family Relief Fund to the Communications
Revolving | ||||||
20 | Fund equals $300,000. | ||||||
21 | (Source: P.A. 93-506, eff. 8-11-03; revised
8-21-03.)
| ||||||
22 | (30 ILCS
105/8j)
| ||||||
23 | Sec. 8j.
Allocation and transfer of fee receipts to General
| ||||||
24 | Revenue Fund.
If and
only if any one or more of Senate Bills | ||||||
25 | 774, 841, 842, and 1903 of the 93rd General
Assembly become | ||||||
26 | law, Notwithstanding any
other law to the contrary, additional | ||||||
27 | amounts generated by the new and increased fees
created or | ||||||
28 | authorized by Public Acts 93-22,
93-23, 93-24, and 93-32 these
| ||||||
29 | amendatory Acts of the 93rd General
Assembly this amendatory
| ||||||
30 | Act of the 93rd General Assembly and by Senate
Bill 774, Senate | ||||||
31 | Bill 841, and Senate Bill 842 of the 93rd
General Assembly, if | ||||||
32 | those bills become law,
shall be allocated between the fund | ||||||
33 | otherwise entitled to receive the fee and the General
Revenue | ||||||
34 | Fund by the Governor's Office of
Management and Budget Bureau
|
| |||||||
| |||||||
1 | of the Budget . In
determining the amount of the allocation to | ||||||
2 | the General Revenue Fund, the Director of the
Governor's Office | ||||||
3 | of Management and Budget
Bureau of the Budget shall
calculate | ||||||
4 | whether the available resources in the fund are
sufficient to | ||||||
5 | satisfy the unexpended and unreserved appropriations
from the | ||||||
6 | fund for the fiscal year. | ||||||
7 | In calculating
the available resources in a fund, the | ||||||
8 | Director of the Governor's Office of
Management and Budget | ||||||
9 | Bureau of the Budget may
include receipts, transfers into the | ||||||
10 | fund, and other resources anticipated to be available
in the | ||||||
11 | fund in that fiscal year. | ||||||
12 | Upon determining
the amount of an allocation to the General | ||||||
13 | Revenue Fund under this Section, the Director of the
Governor's | ||||||
14 | Office of Management and Budget
Bureau of the Budget may direct
| ||||||
15 | the State Treasurer and Comptroller to transfer the
amount of | ||||||
16 | that allocation from the fund in which the fee amounts
have | ||||||
17 | been deposited to the General Revenue Fund; provided,
however, | ||||||
18 | that the Director shall not direct the transfer of any
amount | ||||||
19 | that would have the effect of reducing the available
resources | ||||||
20 | in the fund to an amount less than the amount
remaining | ||||||
21 | unexpended and unreserved from the total appropriation
from | ||||||
22 | that fund for that fiscal year.
| ||||||
23 | The State
Treasurer and Comptroller shall transfer the | ||||||
24 | amounts designated under this Section as soon as may
be | ||||||
25 | practicable after receiving the direction to transfer
from the | ||||||
26 | Director of the Governor's Office of
Management and Budget | ||||||
27 | Bureau of the
Budget . | ||||||
28 | (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff.
6-20-03; revised | ||||||
29 | 8-21-03.) | ||||||
30 | Section 125.
The Illinois Procurement Code is amended by | ||||||
31 | setting forth and renumbering multiple versions of
Section | ||||||
32 | 50-12 as follows:
| ||||||
33 | (30 ILCS
500/50-12)
| ||||||
34 | Sec. 50-12.
Collection and remittance of Illinois Use Tax.
|
| |||||||
| |||||||
1 | (a) No person
shall enter into a contract with a State | ||||||
2 | agency under this Code unless the person and all
affiliates of | ||||||
3 | the person collect and remit Illinois Use Tax on all
sales of | ||||||
4 | tangible personal property into the State of Illinois
in | ||||||
5 | accordance with the provisions of the Illinois Use Tax
Act | ||||||
6 | regardless of whether the person or affiliate is a
"retailer | ||||||
7 | maintaining a place of business within this State" as
defined | ||||||
8 | in Section 2 of the Use Tax Act. For purposes of this
Section, | ||||||
9 | the term "affiliate" means any entity that (1)
directly, | ||||||
10 | indirectly, or constructively controls another entity,
(2) is | ||||||
11 | directly, indirectly, or constructively controlled by
another | ||||||
12 | entity, or (3) is subject to the control of a common
entity. | ||||||
13 | For purposes of this subsection (a), an entity
controls another | ||||||
14 | entity if it owns, directly or individually, more than
10% of | ||||||
15 | the voting securities of that entity. As used in this
| ||||||
16 | subsection (a), the term "voting security" means a
security | ||||||
17 | that (1) confers upon the holder the right to vote for
the | ||||||
18 | election of members of the board of directors or
similar | ||||||
19 | governing body of the business or (2) is convertible
into, or | ||||||
20 | entitles the holder to receive upon its exercise, a
security | ||||||
21 | that confers such a right to vote. A general
partnership | ||||||
22 | interest is a voting security.
| ||||||
23 | (b) Every bid
submitted and contract executed by the State | ||||||
24 | shall contain a certification by the bidder or
contractor that | ||||||
25 | the bidder or contractor is not barred from bidding
for or | ||||||
26 | entering into a contract under subsection (a) of this
Section | ||||||
27 | and that the bidder or contractor acknowledges that
the | ||||||
28 | contracting State agency may declare the contract void
if the | ||||||
29 | certification completed pursuant to this subsection
(b) is | ||||||
30 | false. | ||||||
31 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
32 | (30 ILCS
500/50-14)
| ||||||
33 | Sec.
50-14
50-12 .
Environmental Protection Act violations.
| ||||||
34 | (a) Unless
otherwise provided, no person or business found | ||||||
35 | by a court or the Pollution Control Board to have
committed a |
| |||||||
| |||||||
1 | willful or knowing violation of Section 42 of the
Environmental | ||||||
2 | Protection Act shall do business with the State of
Illinois or | ||||||
3 | any State agency from the date of the order containing
the | ||||||
4 | finding of violation until 5 years after that date,
unless the | ||||||
5 | person or business can show that no person involved in
the | ||||||
6 | violation continues to have any involvement with the
business. | ||||||
7 | (b) A person or
business otherwise barred from doing | ||||||
8 | business with the State of Illinois or any State
agency under | ||||||
9 | subsection (a) may be allowed to do business with the
State of | ||||||
10 | Illinois or any State agency if it is shown that there
is no | ||||||
11 | practicable alternative to the State to contracting
with that | ||||||
12 | person or business. | ||||||
13 | (c) Every bid
submitted to and contract executed by the | ||||||
14 | State shall contain a certification by the bidder or
contractor | ||||||
15 | that the bidder or contractor is not barred from being
awarded | ||||||
16 | a contract under this Section and that the contractor
| ||||||
17 | acknowledges that the contracting State agency may
declare the | ||||||
18 | contract void if the certification completed pursuant
to this | ||||||
19 | subsection (c) is false. | ||||||
20 | (Source: P.A. 93-575, eff. 1-1-04; revised
9-24-03.) | ||||||
21 | Section 130.
The Build Illinois Act is amended by changing | ||||||
22 | Section 8-3 as follows:
| ||||||
23 | (30 ILCS
750/8-3) (from Ch. 127, par.
2708-3)
| ||||||
24 | Sec. 8-3.
Powers of the Department. The Department has the
| ||||||
25 | power to: | ||||||
26 | (a) provide
business development public infrastructure | ||||||
27 | loans or grants from appropriations from the Build
Illinois | ||||||
28 | Bond Fund, the Build Illinois Purposes Fund, the Fund
for | ||||||
29 | Illinois' Future, and the Public Infrastructure
Construction | ||||||
30 | Loan Fund to local governments to provide or improve a
| ||||||
31 | community's public infrastructure so as to create or
retain | ||||||
32 | private sector jobs pursuant to the provisions of this
Article; | ||||||
33 | (b) provide
affordable financing of public infrastructure | ||||||
34 | loans and grants to, or on behalf of, local
governments, local |
| |||||||
| |||||||
1 | public entities, medical facilities, and public health
clinics | ||||||
2 | from appropriations from the Public Infrastructure
| ||||||
3 | Construction Loan Fund for the purpose of assisting
with the | ||||||
4 | financing, or application and access to financing, of
a | ||||||
5 | community's public infrastructure necessary to health,
safety, | ||||||
6 | and economic development; | ||||||
7 | (c) enter into
agreements, accept funds or grants, and | ||||||
8 | engage in cooperation with agencies of the federal
government, | ||||||
9 | or state or local governments to carry out the
purposes of this | ||||||
10 | Article, and to use funds appropriated pursuant to
this Article | ||||||
11 | to participate in federal infrastructure loan and
grant | ||||||
12 | programs upon such terms and conditions as may be
established | ||||||
13 | by the federal government; | ||||||
14 | (d) establish
application, notification, contract, and | ||||||
15 | other procedures, rules, or regulations deemed
necessary and | ||||||
16 | appropriate to carry out the provisions of this
Article; | ||||||
17 | (e) coordinate
assistance under this program with | ||||||
18 | activities of the Illinois Finance Authority in order
to | ||||||
19 | maximize the effectiveness and efficiency of State
development | ||||||
20 | programs; | ||||||
21 | (f) coordinate
assistance under the Affordable Financing | ||||||
22 | of Public Infrastructure Loan and Grant Program with
the | ||||||
23 | activities of the Illinois Finance Authority,
Illinois Finance | ||||||
24 | Authority, Illinois Finance
Authority, Illinois Housing | ||||||
25 | Development Authority, Illinois Environmental
Protection | ||||||
26 | Agency, and other federal and State programs and
entities | ||||||
27 | providing financing assistance to communities for
public | ||||||
28 | health, safety, and economic development
infrastructure; | ||||||
29 | (f-5) provide
staff, administration, and related support | ||||||
30 | required to manage the programs authorized under this
Article | ||||||
31 | and pay for the staffing, administration, and related
support | ||||||
32 | from the Public Infrastructure Construction Loan
Revolving | ||||||
33 | Fund; | ||||||
34 | (g) exercise such
other powers as are necessary or | ||||||
35 | incidental to the foregoing.
| ||||||
36 | (Source: P.A. 93-205 (Sections 890-10, 890-34, and
890-43), |
| |||||||
| |||||||
1 | eff. 1-1-04; revised 10-3-03.)
| ||||||
2 | Section 135.
The Illinois Income Tax Act is amended by | ||||||
3 | setting forth and renumbering multiple versions of
Sections | ||||||
4 | 507X and 507Y and changing Sections 509 and 510 as
follows:
| ||||||
5 | (35 ILCS
5/507X)
| ||||||
6 | Sec. 507X.
The Multiple Sclerosis Assistance Fund | ||||||
7 | checkoff. Beginning with taxable years ending on or
after | ||||||
8 | December 31, 2002, the Department shall print on its
standard | ||||||
9 | individual income tax form a provision indicating that
if the | ||||||
10 | taxpayer wishes to contribute to the Multiple
Sclerosis | ||||||
11 | Assistance Fund, as authorized by this amendatory Act
of the | ||||||
12 | 92nd General Assembly, he or she may do so by stating
the | ||||||
13 | amount of the contribution (not less than $1) on the
return and | ||||||
14 | that the contribution will reduce the taxpayer's
refund or | ||||||
15 | increase the amount of payment to accompany the
return. Failure | ||||||
16 | to remit any amount of increased payment shall reduce
the | ||||||
17 | contribution accordingly. This Section shall not apply
to any | ||||||
18 | amended return. | ||||||
19 | (Source: P.A. 92-772, eff. 8-6-02.)
| ||||||
20 | (35 ILCS
5/507Y)
| ||||||
21 | Sec.
507Y
507X . The Illinois
Military Family Relief | ||||||
22 | checkoff. Beginning with taxable years
ending on or after | ||||||
23 | December 31, 2003, the Department shall print on its
standard | ||||||
24 | individual income tax form a provision indicating that
if the | ||||||
25 | taxpayer wishes to contribute to the Illinois Military
Family | ||||||
26 | Relief Fund, as authorized by this amendatory Act of
the 92nd | ||||||
27 | General Assembly, he or she may do so by stating the
amount of | ||||||
28 | the contribution (not less than $1) on the return and
that the | ||||||
29 | contribution will reduce the taxpayer's refund or
increase the | ||||||
30 | amount of payment to accompany the return. Failure to
remit any | ||||||
31 | amount of increased payment shall reduce the
contribution | ||||||
32 | accordingly. This Section shall not apply to any
amended | ||||||
33 | return. |
| |||||||
| |||||||
1 | (Source: P.A. 92-886, eff. 2-7-03; revised
3-11-03.)
| ||||||
2 | (35 ILCS
5/507AA)
| ||||||
3 | Sec.
507AA
507Y . The Lou
Gehrig's Disease (ALS) Research | ||||||
4 | Fund checkoff. Beginning with the taxable year ending
on | ||||||
5 | December 31, 2003, the Department shall print on its
standard | ||||||
6 | individual income tax form a provision indicating that
if the | ||||||
7 | taxpayer wishes to contribute to the Lou Gehrig's
Disease (ALS) | ||||||
8 | Research Fund, as authorized by this amendatory Act of
the 93rd | ||||||
9 | General Assembly, he or she may do so by stating the
amount of | ||||||
10 | the contribution (not less than $1) on the return and
that the | ||||||
11 | contribution will reduce the taxpayer's refund or
increase the | ||||||
12 | amount of payment to accompany the return. Failure to
remit any | ||||||
13 | amount of increased payment shall reduce the
contribution | ||||||
14 | accordingly. This Section shall not apply to any
amended | ||||||
15 | return. | ||||||
16 | (Source: P.A. 93-36, eff. 6-24-03; revised
9-24-03.)
| ||||||
17 | (35 ILCS
5/507BB)
| ||||||
18 | Sec.
507BB
507Y . Asthma and
Lung Research checkoff. The | ||||||
19 | Department must print on its standard individual
income tax | ||||||
20 | form a provision indicating that if the taxpayer
wishes to | ||||||
21 | contribute to the Asthma and Lung Research Fund, as
authorized | ||||||
22 | by this amendatory Act of the 93rd General Assembly,
he or she | ||||||
23 | may do so by stating the amount of the contribution
(not less | ||||||
24 | than $1) on the return and that the contribution will
reduce | ||||||
25 | the taxpayer's refund or increase the amount of
payment to | ||||||
26 | accompany the return. Failure to remit any amount of
increased | ||||||
27 | payment reduces the contribution accordingly. This
Section | ||||||
28 | does not apply to an amended return.
| ||||||
29 | (Source: P.A. 93-292, eff. 7-22-03; revised
9-24-03.)
| ||||||
30 | (35 ILCS
5/507CC)
| ||||||
31 | Sec.
507CC
507Y . The Leukemia
Treatment and Education | ||||||
32 | checkoff. The Department shall print on
its standard individual | ||||||
33 | income tax form a provision indicating that if the
taxpayer |
| |||||||
| |||||||
1 | wishes to contribute to the Leukemia Treatment and
Education | ||||||
2 | Fund, as authorized by this amendatory Act of the 93rd
General | ||||||
3 | Assembly, he or she may do so be stating the amount of
the | ||||||
4 | contribution (not less than $1) on the return and that
the | ||||||
5 | contribution will reduce the taxpayer's refund or
increase the | ||||||
6 | amount of payment to accompany the return. Failure to
remit any | ||||||
7 | amount of increased payment shall reduce the
contribution | ||||||
8 | accordingly. This Section shall not apply to any
amended | ||||||
9 | return. | ||||||
10 | (Source: P.A. 93-324, eff. 7-23-03; revised
9-24-03.)
| ||||||
11 | (35 ILCS
5/509) (from Ch. 120, par.
5-509)
| ||||||
12 | Sec. 509.
Tax checkoff explanations. All individual income
| ||||||
13 | tax return forms shall contain appropriate
explanations and | ||||||
14 | spaces to enable the taxpayers to designate
contributions to | ||||||
15 | the following funds: the Child Abuse Prevention Fund,
the | ||||||
16 | Illinois Wildlife Preservation Fund (as required by
the | ||||||
17 | Illinois Non-Game Wildlife Protection Act), the
Alzheimer's | ||||||
18 | Disease Research Fund (as required by the Alzheimer's
Disease | ||||||
19 | Research Act), the Assistance to the Homeless Fund (as
required | ||||||
20 | by this Act), the Penny Severns Breast and Cervical
Cancer | ||||||
21 | Research Fund, the National World War II Memorial
Fund, the | ||||||
22 | Prostate Cancer Research Fund, the Lou Gehrig's
Disease (ALS) | ||||||
23 | Research Fund, the Multiple Sclerosis Assistance Fund,
the | ||||||
24 | Leukemia Treatment and Education Fund, the World War
II | ||||||
25 | Illinois Veterans Memorial Fund, the Korean War
Veterans | ||||||
26 | National Museum and Library Fund,
to the Illinois Military
| ||||||
27 | Family Relief Fund, and the Asthma and Lung Research
Fund. | ||||||
28 | Each form shall
contain a statement that the contributions | ||||||
29 | will reduce the taxpayer's refund or increase the
amount of | ||||||
30 | payment to accompany the return. Failure to remit any
amount of | ||||||
31 | increased payment shall reduce the contribution
accordingly. | ||||||
32 | If, on October 1
of any year, the total contributions to | ||||||
33 | any one of the funds made under this Section do not
equal | ||||||
34 | $100,000 or more, the explanations and spaces for
designating | ||||||
35 | contributions to the fund shall be removed from the
individual |
| |||||||
| |||||||
1 | income tax return forms for the following and all
subsequent | ||||||
2 | years and all subsequent contributions to the fund
shall be | ||||||
3 | refunded to the taxpayer. | ||||||
4 | (Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01;
92-651, | ||||||
5 | eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff.
2-7-03; 93-36, | ||||||
6 | eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff.
7-22-03; | ||||||
7 | 93-324, eff. 7-23-03; revised 9-8-03.)
| ||||||
8 | (35 ILCS
5/510) (from Ch. 120, par.
5-510)
| ||||||
9 | Sec. 510.
Determination of amounts contributed. The
| ||||||
10 | Department shall determine the total amount
contributed to each | ||||||
11 | of the following: the Child Abuse Prevention Fund, the
Illinois | ||||||
12 | Wildlife Preservation Fund, the Assistance to the
Homeless | ||||||
13 | Fund, the Alzheimer's Disease Research Fund, the Penny
Severns | ||||||
14 | Breast and Cervical Cancer Research Fund, the National
World | ||||||
15 | War II Memorial Fund, the Prostate Cancer Research
Fund, to the | ||||||
16 | Illinois Military Family Relief Fund, the Lou Gehrig's
Disease | ||||||
17 | (ALS) Research Fund, the Multiple Sclerosis Assistance
Fund, | ||||||
18 | the Leukemia Treatment and Education Fund, the World
War II | ||||||
19 | Illinois Veterans Memorial Fund, the Korean War
Veterans | ||||||
20 | National Museum and Library Fund, and the Asthma and
Lung | ||||||
21 | Research Fund; and shall notify the State Comptroller
and the | ||||||
22 | State Treasurer of the amounts to be transferred from
the | ||||||
23 | General Revenue Fund to each fund, and upon receipt of
such | ||||||
24 | notification the State Treasurer and Comptroller shall
| ||||||
25 | transfer the amounts. | ||||||
26 | (Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01;
92-651, | ||||||
27 | eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff.
2-7-03; 93-36, | ||||||
28 | eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff.
7-22-03; | ||||||
29 | 93-324, eff. 7-23-03; revised 9-8-03.)
| ||||||
30 | Section 140.
The Use Tax Act is amended by changing Section | ||||||
31 | 3-5 as follows:
| ||||||
32 | (35 ILCS
105/3-5) (from Ch. 120, par.
439.3-5)
| ||||||
33 | Sec. 3-5.
Exemptions. Use of the following tangible
|
| |||||||
| |||||||
1 | personal property is exempt from the tax imposed by
this Act: | ||||||
2 | (1) Personal
property purchased from a corporation, | ||||||
3 | society, association, foundation, institution, or
| ||||||
4 | organization, other than a limited liability company,
that is | ||||||
5 | organized and operated as a not-for-profit service
enterprise | ||||||
6 | for the benefit of persons 65 years of age or older if
the | ||||||
7 | personal property was not purchased by the enterprise
for the | ||||||
8 | purpose of resale by the enterprise.
| ||||||
9 | (2) Personal
property purchased by a not-for-profit | ||||||
10 | Illinois county fair association for use in
conducting, | ||||||
11 | operating, or promoting the county fair.
| ||||||
12 | (3) Personal
property purchased by a not-for-profit arts or | ||||||
13 | cultural organization that establishes, by proof
required by | ||||||
14 | the Department by rule, that it has received an
exemption under | ||||||
15 | Section 501(c)(3) of the Internal Revenue Code and
that is | ||||||
16 | organized and operated primarily for the presentation
or | ||||||
17 | support of arts or cultural programming, activities,
or | ||||||
18 | services. These organizations include, but are not
limited to, | ||||||
19 | music and dramatic arts organizations such as symphony
| ||||||
20 | orchestras and theatrical groups, arts and cultural
service | ||||||
21 | organizations, local arts councils, visual arts
organizations, | ||||||
22 | and media arts organizations. On and after the
effective date | ||||||
23 | of this amendatory Act of the 92nd General Assembly,
however, | ||||||
24 | an entity otherwise eligible for this exemption shall
not make | ||||||
25 | tax-free purchases unless it has an active
identification | ||||||
26 | number issued by the Department.
| ||||||
27 | (4) Personal
property purchased by a governmental body, by | ||||||
28 | a corporation, society, association, foundation, or
| ||||||
29 | institution organized and operated exclusively for
charitable, | ||||||
30 | religious, or educational purposes, or by a
not-for-profit | ||||||
31 | corporation, society, association, foundation,
institution, or | ||||||
32 | organization that has no compensated officers or
employees and | ||||||
33 | that is organized and operated primarily for the
recreation of | ||||||
34 | persons 55 years of age or older. A limited liability
company | ||||||
35 | may qualify for the exemption under this paragraph
only if the | ||||||
36 | limited liability company is organized and operated
|
| |||||||
| |||||||
1 | exclusively for educational purposes. On and after
July 1, | ||||||
2 | 1987, however, no entity otherwise eligible for this
exemption | ||||||
3 | shall make tax-free purchases unless it has an active
exemption | ||||||
4 | identification number issued by the
Department. | ||||||
5 | (5) Until July 1,
2003, a passenger car that is a | ||||||
6 | replacement vehicle to the extent that the purchase
price of | ||||||
7 | the car is subject to the Replacement Vehicle
Tax. | ||||||
8 | (6) Until July 1,
2003, graphic arts machinery and | ||||||
9 | equipment, including repair and replacement parts,
both new and | ||||||
10 | used, and including that manufactured on special
order, | ||||||
11 | certified by the purchaser to be used primarily for
graphic | ||||||
12 | arts production, and including machinery and equipment
| ||||||
13 | purchased for lease. Equipment includes chemicals or
chemicals | ||||||
14 | acting as catalysts but only if the chemicals or
chemicals | ||||||
15 | acting as catalysts effect a direct and immediate
change upon a | ||||||
16 | graphic arts product. | ||||||
17 | (7) Farm
chemicals. | ||||||
18 | (8) Legal tender,
currency, medallions, or gold or silver | ||||||
19 | coinage issued by the State of Illinois, the
government of the | ||||||
20 | United States of America, or the government of any
foreign | ||||||
21 | country, and bullion. | ||||||
22 | (9) Personal
property purchased from a teacher-sponsored | ||||||
23 | student organization affiliated with an elementary or
| ||||||
24 | secondary school located in Illinois.
| ||||||
25 | (10) A motor
vehicle of the first division, a motor vehicle | ||||||
26 | of the second division that is a self-contained motor
vehicle | ||||||
27 | designed or permanently converted to provide living
quarters | ||||||
28 | for recreational, camping, or travel use, with direct
walk | ||||||
29 | through to the living quarters from the driver's seat,
or a | ||||||
30 | motor vehicle of the second division that is of the
van | ||||||
31 | configuration designed for the transportation of not
less than | ||||||
32 | 7 nor more than 16 passengers, as defined in Section
1-146 of | ||||||
33 | the Illinois Vehicle Code, that is used for automobile
renting, | ||||||
34 | as defined in the Automobile Renting Occupation and
Use Tax | ||||||
35 | Act. | ||||||
36 | (11) Farm
machinery and equipment, both new and used, |
| |||||||
| |||||||
1 | including that manufactured on special order,
certified by the | ||||||
2 | purchaser to be used primarily for production
agriculture or | ||||||
3 | State or federal agricultural programs, including
individual | ||||||
4 | replacement parts for the machinery and equipment,
including | ||||||
5 | machinery and equipment purchased for lease, and
including | ||||||
6 | implements of husbandry defined in Section 1-130 of
the | ||||||
7 | Illinois Vehicle Code, farm machinery and agricultural
| ||||||
8 | chemical and fertilizer spreaders, and nurse wagons
required to | ||||||
9 | be registered under Section 3-809 of the Illinois
Vehicle Code, | ||||||
10 | but excluding other motor vehicles required to be
registered | ||||||
11 | under the Illinois Vehicle Code. Horticultural
polyhouses or | ||||||
12 | hoop houses used for propagating, growing, or
overwintering | ||||||
13 | plants shall be considered farm machinery and
equipment under | ||||||
14 | this item (11). Agricultural chemical tender tanks and
dry | ||||||
15 | boxes shall include units sold separately from a motor
vehicle | ||||||
16 | required to be licensed and units sold mounted on a
motor | ||||||
17 | vehicle required to be licensed if the selling price
of the | ||||||
18 | tender is separately stated.
| ||||||
19 | Farm machinery
and equipment shall include precision | ||||||
20 | farming equipment that is installed or purchased to be
| ||||||
21 | installed on farm machinery and equipment including,
but not | ||||||
22 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
23 | or spreaders. Precision farming equipment includes,
but is not | ||||||
24 | limited to, soil testing sensors, computers, monitors,
| ||||||
25 | software, global positioning and mapping systems, and
other | ||||||
26 | such equipment. | ||||||
27 | Farm machinery
and equipment also includes computers, | ||||||
28 | sensors, software, and related equipment used
primarily in the | ||||||
29 | computer-assisted operation of production agriculture
| ||||||
30 | facilities, equipment, and activities such as, but not
limited | ||||||
31 | to, the collection, monitoring, and correlation of
animal and | ||||||
32 | crop data for the purpose of formulating animal diets
and | ||||||
33 | agricultural chemicals. This item (11) is exempt from
the | ||||||
34 | provisions of Section 3-90. | ||||||
35 | (12) Fuel and
petroleum products sold to or used by an air | ||||||
36 | common carrier, certified by the carrier to be used
for |
| |||||||
| |||||||
1 | consumption, shipment, or storage in the conduct of
its | ||||||
2 | business as an air common carrier, for a flight
destined for or | ||||||
3 | returning from a location or locations outside the
United | ||||||
4 | States without regard to previous or subsequent
domestic | ||||||
5 | stopovers. | ||||||
6 | (13) Proceeds of
mandatory service charges separately | ||||||
7 | stated on customers' bills for the purchase and
consumption of | ||||||
8 | food and beverages purchased at retail from a
retailer, to the | ||||||
9 | extent that the proceeds of the service charge are in
fact | ||||||
10 | turned over as tips or as a substitute for tips to the
| ||||||
11 | employees who participate directly in preparing,
serving, | ||||||
12 | hosting or cleaning up the food or beverage function
with | ||||||
13 | respect to which the service charge is
imposed. | ||||||
14 | (14) Until July
1, 2003, oil field exploration, drilling, | ||||||
15 | and production equipment, including (i) rigs and parts
of rigs, | ||||||
16 | rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and | ||||||
17 | tubular goods, including casing and drill strings,
(iii) pumps | ||||||
18 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
19 | individual replacement part for oil field exploration,
| ||||||
20 | drilling, and production equipment, and (vi) machinery
and | ||||||
21 | equipment purchased for lease; but excluding motor
vehicles | ||||||
22 | required to be registered under the Illinois Vehicle
Code. | ||||||
23 | (15)
Photoprocessing machinery and equipment, including | ||||||
24 | repair and replacement parts, both new and used,
including that | ||||||
25 | manufactured on special order, certified by the
purchaser to be | ||||||
26 | used primarily for photoprocessing, and including
| ||||||
27 | photoprocessing machinery and equipment purchased for
lease. | ||||||
28 | (16) Until July
1, 2003, coal exploration, mining, | ||||||
29 | offhighway hauling, processing, maintenance, and
reclamation | ||||||
30 | equipment, including replacement parts and equipment,
and | ||||||
31 | including equipment purchased for lease, but excluding
motor | ||||||
32 | vehicles required to be registered under the Illinois
Vehicle | ||||||
33 | Code. | ||||||
34 | (17) Until July
1, 2003, distillation machinery and | ||||||
35 | equipment, sold as a unit or kit, assembled or
installed by the | ||||||
36 | retailer, certified by the user to be used only for
the |
| |||||||
| |||||||
1 | production of ethyl alcohol that will be used for
consumption | ||||||
2 | as motor fuel or as a component of motor fuel for the
personal | ||||||
3 | use of the user, and not subject to sale or
resale. | ||||||
4 | (18)
Manufacturing and assembling machinery and equipment | ||||||
5 | used primarily in the process of manufacturing or
assembling | ||||||
6 | tangible personal property for wholesale or retail
sale or | ||||||
7 | lease, whether that sale or lease is made directly by
the | ||||||
8 | manufacturer or by some other person, whether the
materials | ||||||
9 | used in the process are owned by the manufacturer or
some other | ||||||
10 | person, or whether that sale or lease is made apart
from or as | ||||||
11 | an incident to the seller's engaging in the service
occupation | ||||||
12 | of producing machines, tools, dies, jigs, patterns,
gauges, or | ||||||
13 | other similar items of no commercial value on special
order for | ||||||
14 | a particular purchaser. | ||||||
15 | (19) Personal
property delivered to a purchaser or | ||||||
16 | purchaser's donee inside Illinois when the purchase
order for | ||||||
17 | that personal property was received by a florist
located | ||||||
18 | outside Illinois who has a florist located inside
Illinois | ||||||
19 | deliver the personal property.
| ||||||
20 | (20) Semen used
for artificial insemination of livestock | ||||||
21 | for direct agricultural production.
| ||||||
22 | (21) Horses, or
interests in horses, registered with and | ||||||
23 | meeting the requirements of any of the Arabian Horse
Club | ||||||
24 | Registry of America, Appaloosa Horse Club, American
Quarter | ||||||
25 | Horse Association, United States Trotting Association,
or | ||||||
26 | Jockey Club, as appropriate, used for purposes of
breeding or | ||||||
27 | racing for prizes. | ||||||
28 | (22) Computers
and communications equipment utilized for | ||||||
29 | any hospital purpose and equipment used in the
diagnosis, | ||||||
30 | analysis, or treatment of hospital patients purchased
by a | ||||||
31 | lessor who leases the equipment, under a lease of one
year or | ||||||
32 | longer executed or in effect at the time the lessor
would | ||||||
33 | otherwise be subject to the tax imposed by this Act,
to a | ||||||
34 | hospital that has been issued an active tax exemption
| ||||||
35 | identification number by the Department under Section
1g of the | ||||||
36 | Retailers' Occupation Tax Act. If the equipment is
leased in a |
| |||||||
| |||||||
1 | manner that does not qualify for this exemption or is
used in | ||||||
2 | any other non-exempt manner, the lessor shall be
liable for the | ||||||
3 | tax imposed under this Act or the Service Use Tax Act,
as the | ||||||
4 | case may be, based on the fair market value of the
property at | ||||||
5 | the time the non-qualifying use occurs. No lessor
shall collect | ||||||
6 | or attempt to collect an amount (however designated)
that | ||||||
7 | purports to reimburse that lessor for the tax imposed
by this | ||||||
8 | Act or the Service Use Tax Act, as the case may be, if
the tax | ||||||
9 | has not been paid by the lessor. If a lessor
improperly | ||||||
10 | collects any such amount from the lessee, the lessee
shall have | ||||||
11 | a legal right to claim a refund of that amount from
the lessor. | ||||||
12 | If, however, that amount is not refunded to the lessee
for any | ||||||
13 | reason, the lessor is liable to pay that amount to the
| ||||||
14 | Department. | ||||||
15 | (23) Personal
property purchased by a lessor who leases the | ||||||
16 | property, under a lease of one year or longer executed
or in | ||||||
17 | effect at the time the lessor would otherwise be
subject to the | ||||||
18 | tax imposed by this Act, to a governmental body that
has been | ||||||
19 | issued an active sales tax exemption identification
number by | ||||||
20 | the Department under Section 1g of the Retailers'
Occupation | ||||||
21 | Tax Act. If the property is leased in a manner that
does not | ||||||
22 | qualify for this exemption or used in any other
non-exempt | ||||||
23 | manner, the lessor shall be liable for the tax imposed
under | ||||||
24 | this Act or the Service Use Tax Act, as the case may
be, based | ||||||
25 | on the fair market value of the property at the time
the | ||||||
26 | non-qualifying use occurs. No lessor shall collect or
attempt | ||||||
27 | to collect an amount (however designated) that
purports to | ||||||
28 | reimburse that lessor for the tax imposed by this Act
or the | ||||||
29 | Service Use Tax Act, as the case may be, if the tax
has not been | ||||||
30 | paid by the lessor. If a lessor improperly collects
any such | ||||||
31 | amount from the lessee, the lessee shall have a legal
right to | ||||||
32 | claim a refund of that amount from the lessor. If,
however, | ||||||
33 | that amount is not refunded to the lessee for any
reason, the | ||||||
34 | lessor is liable to pay that amount to the
Department. | ||||||
35 | (24) Beginning
with taxable years ending on or after | ||||||
36 | December 31, 1995 and ending with taxable years ending
on or |
| |||||||
| |||||||
1 | before December 31, 2004, personal property that is
donated for | ||||||
2 | disaster relief to be used in a State or federally
declared | ||||||
3 | disaster area in Illinois or bordering Illinois by a
| ||||||
4 | manufacturer or retailer that is registered in this
State to a | ||||||
5 | corporation, society, association, foundation, or
institution | ||||||
6 | that has been issued a sales tax exemption
identification | ||||||
7 | number by the Department that assists victims of the
disaster | ||||||
8 | who reside within the declared disaster
area. | ||||||
9 | (25) Beginning
with taxable years ending on or after | ||||||
10 | December 31, 1995 and ending with taxable years ending
on or | ||||||
11 | before December 31, 2004, personal property that is
used in the | ||||||
12 | performance of infrastructure repairs in this State,
including | ||||||
13 | but not limited to municipal roads and streets, access
roads, | ||||||
14 | bridges, sidewalks, waste disposal systems, water and
sewer | ||||||
15 | line extensions, water distribution and purification
| ||||||
16 | facilities, storm water drainage and retention
facilities, and | ||||||
17 | sewage treatment facilities, resulting from a State or
| ||||||
18 | federally declared disaster in Illinois or bordering
Illinois | ||||||
19 | when such repairs are initiated on facilities located
in the | ||||||
20 | declared disaster area within 6 months after the
disaster. | ||||||
21 | (26) Beginning
July 1, 1999, game or game birds purchased | ||||||
22 | at a "game breeding and hunting preserve area" or an
"exotic | ||||||
23 | game hunting area" as those terms are used in the
Wildlife Code | ||||||
24 | or at a hunting enclosure approved through rules
adopted by the | ||||||
25 | Department of Natural Resources. This paragraph is
exempt from | ||||||
26 | the provisions of Section 3-90.
| ||||||
27 | (27) A motor
vehicle, as that term is defined in Section | ||||||
28 | 1-146 of the Illinois Vehicle Code, that is donated to
a | ||||||
29 | corporation, limited liability company, society,
association, | ||||||
30 | foundation, or institution that is determined by the
Department | ||||||
31 | to be organized and operated exclusively for
educational | ||||||
32 | purposes. For purposes of this exemption, "a
corporation, | ||||||
33 | limited liability company, society, association,
foundation, | ||||||
34 | or institution organized and operated exclusively for
| ||||||
35 | educational purposes" means all tax-supported public
schools, | ||||||
36 | private schools that offer systematic instruction in
useful |
| |||||||
| |||||||
1 | branches of learning by methods common to public
schools and | ||||||
2 | that compare favorably in their scope and intensity
with the | ||||||
3 | course of study presented in tax-supported schools,
and | ||||||
4 | vocational or technical schools or institutes
organized and | ||||||
5 | operated exclusively to provide a course of study of
not less | ||||||
6 | than 6 weeks duration and designed to prepare
individuals to | ||||||
7 | follow a trade or to pursue a manual, technical,
mechanical, | ||||||
8 | industrial, business, or commercial
occupation. | ||||||
9 | (28) Beginning
January 1, 2000, personal property, | ||||||
10 | including food, purchased through fundraising events
for the | ||||||
11 | benefit of a public or private elementary or secondary
school, | ||||||
12 | a group of those schools, or one or more school
districts if | ||||||
13 | the events are sponsored by an entity recognized by
the school | ||||||
14 | district that consists primarily of volunteers and
includes | ||||||
15 | parents and teachers of the school children. This
paragraph | ||||||
16 | does not apply to fundraising events (i) for the
benefit of | ||||||
17 | private home instruction or (ii) for which the
fundraising | ||||||
18 | entity purchases the personal property sold at the
events from | ||||||
19 | another individual or entity that sold the property
for the | ||||||
20 | purpose of resale by the fundraising entity and that
profits | ||||||
21 | from the sale to the fundraising entity. This
paragraph is | ||||||
22 | exempt from the provisions of Section
3-90. | ||||||
23 | (29) Beginning
January 1, 2000 and through December 31, | ||||||
24 | 2001, new or used automatic vending machines that
prepare and | ||||||
25 | serve hot food and beverages, including coffee, soup,
and other | ||||||
26 | items, and replacement parts for these machines.
Beginning | ||||||
27 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
28 | for machines used in commercial, coin-operated
amusement and | ||||||
29 | vending business if a use or occupation tax is paid on
the | ||||||
30 | gross receipts derived from the use of the commercial,
| ||||||
31 | coin-operated amusement and vending machines. This
paragraph | ||||||
32 | is exempt from the provisions of Section
3-90. | ||||||
33 | (30) Food for
human consumption that is to be consumed off | ||||||
34 | the premises where it is sold (other than alcoholic
beverages, | ||||||
35 | soft drinks, and food that has been prepared for
immediate | ||||||
36 | consumption) and prescription and nonprescription
medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances, and insulin, urine testing
| ||||||
2 | materials, syringes, and needles used by diabetics,
for human | ||||||
3 | use, when purchased for use by a person receiving
medical | ||||||
4 | assistance under Article 5 of the Illinois Public Aid
Code who | ||||||
5 | resides in a licensed long-term care facility, as
defined in | ||||||
6 | the Nursing Home Care Act. | ||||||
7 | (31) Beginning on
the effective date of this amendatory Act | ||||||
8 | of the 92nd General Assembly, computers and
communications | ||||||
9 | equipment utilized for any hospital purpose and
equipment used | ||||||
10 | in the diagnosis, analysis, or treatment of hospital
patients | ||||||
11 | purchased by a lessor who leases the equipment, under
a lease | ||||||
12 | of one year or longer executed or in effect at the
time the | ||||||
13 | lessor would otherwise be subject to the tax imposed
by this | ||||||
14 | Act, to a hospital that has been issued an active tax
exemption | ||||||
15 | identification number by the Department under Section
1g of the | ||||||
16 | Retailers' Occupation Tax Act. If the equipment is
leased in a | ||||||
17 | manner that does not qualify for this exemption or is
used in | ||||||
18 | any other nonexempt manner, the lessor shall be liable
for the | ||||||
19 | tax imposed under this Act or the Service Use Tax Act,
as the | ||||||
20 | case may be, based on the fair market value of the
property at | ||||||
21 | the time the nonqualifying use occurs. No lessor shall
collect | ||||||
22 | or attempt to collect an amount (however designated)
that | ||||||
23 | purports to reimburse that lessor for the tax imposed
by this | ||||||
24 | Act or the Service Use Tax Act, as the case may be, if
the tax | ||||||
25 | has not been paid by the lessor. If a lessor
improperly | ||||||
26 | collects any such amount from the lessee, the lessee
shall have | ||||||
27 | a legal right to claim a refund of that amount from
the lessor. | ||||||
28 | If, however, that amount is not refunded to the lessee
for any | ||||||
29 | reason, the lessor is liable to pay that amount to the
| ||||||
30 | Department. This paragraph is exempt from the
provisions of | ||||||
31 | Section 3-90. | ||||||
32 | (32) Beginning on
the effective date of this amendatory Act | ||||||
33 | of the 92nd General Assembly, personal property
purchased by a | ||||||
34 | lessor who leases the property, under a lease of one
year or | ||||||
35 | longer executed or in effect at the time the lessor
would | ||||||
36 | otherwise be subject to the tax imposed by this Act,
to a |
| |||||||
| |||||||
1 | governmental body that has been issued an active sales
tax | ||||||
2 | exemption identification number by the Department
under | ||||||
3 | Section 1g of the Retailers' Occupation Tax Act. If
the | ||||||
4 | property is leased in a manner that does not qualify
for this | ||||||
5 | exemption or used in any other nonexempt manner, the
lessor | ||||||
6 | shall be liable for the tax imposed under this Act or
the | ||||||
7 | Service Use Tax Act, as the case may be, based on the
fair | ||||||
8 | market value of the property at the time the
nonqualifying use | ||||||
9 | occurs. No lessor shall collect or attempt to collect
an amount | ||||||
10 | (however designated) that purports to reimburse that
lessor for | ||||||
11 | the tax imposed by this Act or the Service Use Tax
Act, as the | ||||||
12 | case may be, if the tax has not been paid by the
lessor. If a | ||||||
13 | lessor improperly collects any such amount from the
lessee, the | ||||||
14 | lessee shall have a legal right to claim a refund of
that | ||||||
15 | amount from the lessor. If, however, that amount is
not | ||||||
16 | refunded to the lessee for any reason, the lessor is
liable to | ||||||
17 | pay that amount to the Department. This paragraph is
exempt | ||||||
18 | from the provisions of Section 3-90.
| ||||||
19 | (33) On and after
July 1, 2003, the use in this State of | ||||||
20 | motor vehicles of the second division with a gross
vehicle | ||||||
21 | weight in excess of 8,000 pounds and that are subject
to the | ||||||
22 | commercial distribution fee imposed under Section
3-815.1 of | ||||||
23 | the Illinois Vehicle Code. This exemption applies to
repair and | ||||||
24 | replacement parts added after the initial purchase of
such a | ||||||
25 | motor vehicle if that motor vehicle is used in a
manner that | ||||||
26 | would qualify for the rolling stock exemption
otherwise | ||||||
27 | provided for in this Act. | ||||||
28 | (Source: P.A. 92-35, eff. 7-1-01; 92-227, eff. 8-2-01;
92-337, | ||||||
29 | eff. 8-10-01; 92-484, eff. 8-23-01; 92-651, eff.
7-11-02; | ||||||
30 | 93-23, eff. 6-20-03; 93-24, eff. 6-20-03; revised
9-11-03.) | ||||||
31 | Section 145.
The Service Use Tax Act is amended by changing | ||||||
32 | Section 2 as follows:
| ||||||
33 | (35 ILCS
110/2) (from Ch. 120, par.
439.32)
| ||||||
34 | Sec. 2.
"Use" means the exercise by any person of any right
|
| |||||||
| |||||||
1 | or power over tangible personal property incident to
the | ||||||
2 | ownership of that property, but does not include the
sale or | ||||||
3 | use for demonstration by him of that property in any
form as | ||||||
4 | tangible personal property in the regular course of
business. | ||||||
5 | "Use" does not mean the interim use of tangible
personal | ||||||
6 | property nor the physical incorporation of tangible
personal | ||||||
7 | property, as an ingredient or constituent, into other
tangible | ||||||
8 | personal property, (a) which is sold in the regular
course of | ||||||
9 | business or (b) which the person incorporating such
ingredient | ||||||
10 | or constituent therein has undertaken at the time of
such | ||||||
11 | purchase to cause to be transported in interstate
commerce to | ||||||
12 | destinations outside the State of
Illinois. | ||||||
13 | "Purchased from a
serviceman" means the acquisition of the | ||||||
14 | ownership of, or title to, tangible personal property
through a | ||||||
15 | sale of service. | ||||||
16 | "Purchaser" means
any person who, through a sale of | ||||||
17 | service, acquires the ownership of, or title to, any
tangible | ||||||
18 | personal property. | ||||||
19 | "Cost price"
means the consideration paid by the serviceman | ||||||
20 | for a purchase valued in money, whether paid in money
or | ||||||
21 | otherwise, including cash, credits and services, and
shall be | ||||||
22 | determined without any deduction on account of the
supplier's | ||||||
23 | cost of the property sold or on account of any other
expense | ||||||
24 | incurred by the supplier. When a serviceman contracts
out part | ||||||
25 | or all of the services required in his sale of
service, it | ||||||
26 | shall be presumed that the cost price to the
serviceman of the | ||||||
27 | property transferred to him or her by his or her
subcontractor | ||||||
28 | is equal to 50% of the subcontractor's charges to the
| ||||||
29 | serviceman in the absence of proof of the
consideration paid by | ||||||
30 | the subcontractor for the purchase of such
property. | ||||||
31 | "Selling price"
means the consideration for a sale valued | ||||||
32 | in money whether received in money or otherwise,
including | ||||||
33 | cash, credits and service, and shall be determined
without any | ||||||
34 | deduction on account of the serviceman's cost of the
property | ||||||
35 | sold, the cost of materials used, labor or service
cost or any | ||||||
36 | other expense whatsoever, but does not include
interest or |
| |||||||
| |||||||
1 | finance charges which appear as separate items on the
bill of | ||||||
2 | sale or sales contract nor charges that are added to
prices by | ||||||
3 | sellers on account of the seller's duty to collect,
from the | ||||||
4 | purchaser, the tax that is imposed by this
Act. | ||||||
5 | "Department"
means the Department of Revenue. | ||||||
6 | "Person" means
any natural individual, firm, partnership, | ||||||
7 | association, joint stock company, joint venture,
public or | ||||||
8 | private corporation, limited liability company, and
any | ||||||
9 | receiver, executor, trustee, guardian or other
representative | ||||||
10 | appointed by order of any court.
| ||||||
11 | "Sale of service"
means any transaction except:
| ||||||
12 | (1)
a retail sale of tangible personal property taxable | ||||||
13 | under the Retailers'
Occupation Tax Act or under the Use | ||||||
14 | Tax Act.
| ||||||
15 | (2)
a sale of tangible personal property for the | ||||||
16 | purpose of resale made in
compliance with Section 2c of the | ||||||
17 | Retailers' Occupation Tax
Act.
| ||||||
18 | (3)
except as hereinafter provided, a sale or transfer | ||||||
19 | of tangible personal property
as an incident to the | ||||||
20 | rendering of service for or by
any governmental body, or | ||||||
21 | for or by any corporation,
society, association, | ||||||
22 | foundation or institution
organized and operated | ||||||
23 | exclusively for charitable,
religious or educational | ||||||
24 | purposes or any not-for-profit
corporation, society, | ||||||
25 | association, foundation,
institution or organization which | ||||||
26 | has no compensated officers or
employees and which is | ||||||
27 | organized and operated
primarily for the recreation of | ||||||
28 | persons 55 years of age or
older. A limited liability | ||||||
29 | company may qualify for the
exemption under this paragraph | ||||||
30 | only if the limited liability
company is organized and | ||||||
31 | operated exclusively for
educational purposes.
| ||||||
32 | (4)
a sale or transfer of tangible personal property as | ||||||
33 | an incident to the rendering
of service for interstate | ||||||
34 | carriers for hire for use as
rolling stock moving in | ||||||
35 | interstate commerce or by
lessors under a lease of one year | ||||||
36 | or longer, executed or in
effect at the time of purchase of |
| |||||||
| |||||||
1 | personal property, to
interstate carriers for hire for use | ||||||
2 | as rolling stock moving in
interstate commerce so long as | ||||||
3 | so used by such interstate
carriers for hire, and equipment | ||||||
4 | operated by a
telecommunications provider, licensed as a | ||||||
5 | common carrier by the Federal
Communications Commission, | ||||||
6 | which is permanently installed
in or affixed to aircraft | ||||||
7 | moving in interstate
commerce.
| ||||||
8 | (4a)
a sale or transfer of tangible personal property | ||||||
9 | as an incident to the
rendering of service for owners, | ||||||
10 | lessors, or shippers of
tangible personal property which is | ||||||
11 | utilized by interstate
carriers for hire for use as rolling | ||||||
12 | stock moving in interstate
commerce so long as so used by | ||||||
13 | interstate carriers for hire,
and equipment operated by a | ||||||
14 | telecommunications provider,
licensed as a common carrier | ||||||
15 | by the Federal Communications
Commission, which is | ||||||
16 | permanently installed in or
affixed to aircraft moving in | ||||||
17 | interstate
commerce.
| ||||||
18 | (4a-5)
on and after July 1, 2003, a sale or transfer of | ||||||
19 | a motor vehicle of the second
division with a gross vehicle | ||||||
20 | weight in excess of 8,000
pounds as an incident to the | ||||||
21 | rendering of service if that
motor vehicle is subject to | ||||||
22 | the commercial distribution
fee imposed under Section | ||||||
23 | 3-815.1 of the Illinois
Vehicle Code. This exemption | ||||||
24 | applies to repair and
replacement parts added after the | ||||||
25 | initial purchase of such a
motor vehicle if that motor | ||||||
26 | vehicle is used in a manner
that would qualify for the | ||||||
27 | rolling stock exemption
otherwise provided for in this Act.
| ||||||
28 | (5)
a sale or transfer of machinery and equipment used | ||||||
29 | primarily in the process of
the manufacturing or | ||||||
30 | assembling, either in an
existing, an expanded or a new | ||||||
31 | manufacturing facility, of
tangible personal property for | ||||||
32 | wholesale or retail sale or
lease, whether such sale or | ||||||
33 | lease is made directly by the
manufacturer or by some other | ||||||
34 | person, whether the materials
used in the process are owned | ||||||
35 | by the manufacturer or some
other person, or whether such | ||||||
36 | sale or lease is made apart
from or as an incident to the |
| |||||||
| |||||||
1 | seller's engaging in a service
occupation and the | ||||||
2 | applicable tax is a Service
Use Tax or Service Occupation | ||||||
3 | Tax, rather than Use Tax or
Retailers' Occupation Tax.
| ||||||
4 | (5a)
the repairing, reconditioning or remodeling, for | ||||||
5 | a common carrier by rail, of
tangible personal property | ||||||
6 | which belongs to such carrier
for hire, and as to which | ||||||
7 | such carrier receives the
physical possession of the | ||||||
8 | repaired, reconditioned or
remodeled item of tangible | ||||||
9 | personal property in Illinois,
and which such carrier | ||||||
10 | transports, or shares with
another common carrier in the | ||||||
11 | transportation of such
property, out of Illinois on a | ||||||
12 | standard uniform bill of
lading showing the person who | ||||||
13 | repaired, reconditioned or
remodeled the property to a | ||||||
14 | destination outside Illinois,
for use outside Illinois.
| ||||||
15 | (5b)
a sale or transfer of tangible personal property | ||||||
16 | which is produced by the
seller thereof on special order in | ||||||
17 | such a way as to have made the
applicable tax the Service | ||||||
18 | Occupation Tax or the Service
Use Tax, rather than the | ||||||
19 | Retailers' Occupation Tax or
the Use Tax, for an interstate | ||||||
20 | carrier by rail which receives
the physical possession of | ||||||
21 | such property in Illinois, and
which transports such | ||||||
22 | property, or shares with
another common carrier in the | ||||||
23 | transportation of such
property, out of Illinois on a | ||||||
24 | standard uniform bill of
lading showing the seller of the | ||||||
25 | property as the shipper or
consignor of such property to a | ||||||
26 | destination outside Illinois,
for use outside Illinois.
| ||||||
27 | (6)
until July 1, 2003, a sale or transfer of | ||||||
28 | distillation machinery and
equipment, sold as a unit or kit | ||||||
29 | and assembled or installed by
the retailer, which machinery | ||||||
30 | and equipment is certified by
the user to be used only for | ||||||
31 | the production of ethyl
alcohol that will be used for | ||||||
32 | consumption as motor fuel or
as a component of motor fuel | ||||||
33 | for the personal use of such
user and not subject to sale | ||||||
34 | or resale.
| ||||||
35 | (7)
at the election of any serviceman not required to | ||||||
36 | be otherwise registered as a
retailer under Section 2a of |
| |||||||
| |||||||
1 | the Retailers' Occupation Tax
Act, made for each fiscal | ||||||
2 | year sales of service in which
the aggregate annual cost | ||||||
3 | price of tangible personal
property transferred as an | ||||||
4 | incident to the sales of
service is less than 35%, or 75% | ||||||
5 | in the case of servicemen
transferring prescription drugs | ||||||
6 | or servicemen engaged in
graphic arts production, of the | ||||||
7 | aggregate annual total gross
receipts from all sales of | ||||||
8 | service. The purchase of such
tangible personal property by | ||||||
9 | the serviceman shall be
subject to tax under the Retailers' | ||||||
10 | Occupation Tax Act and the Use
Tax Act. However, if a | ||||||
11 | primary serviceman who has
made the election described in | ||||||
12 | this paragraph subcontracts
service work to a secondary | ||||||
13 | serviceman who has also made
the election described in this | ||||||
14 | paragraph, the primary
serviceman does not incur a Use Tax | ||||||
15 | liability if the secondary
serviceman (i) has paid or will | ||||||
16 | pay Use Tax on his or her cost
price of any tangible | ||||||
17 | personal property transferred
to the primary serviceman | ||||||
18 | and (ii) certifies that fact
in writing to the primary | ||||||
19 | serviceman.
| ||||||
20 | Tangible personal
property transferred incident to the | ||||||
21 | completion of a maintenance agreement is exempt from
the tax | ||||||
22 | imposed pursuant to this Act.
| ||||||
23 | Exemption (5)
also includes machinery and equipment used in | ||||||
24 | the general maintenance or repair of such exempt
machinery and | ||||||
25 | equipment or for in-house manufacture of exempt
machinery and | ||||||
26 | equipment. For the purposes of exemption (5), each of
these | ||||||
27 | terms shall have the following meanings: (1)
"manufacturing | ||||||
28 | process" shall mean the production of any article of
tangible | ||||||
29 | personal property, whether such article is a finished
product | ||||||
30 | or an article for use in the process of manufacturing
or | ||||||
31 | assembling a different article of tangible personal
property, | ||||||
32 | by procedures commonly regarded as manufacturing,
processing, | ||||||
33 | fabricating, or refining which changes some existing
material | ||||||
34 | or materials into a material with a different form,
use or | ||||||
35 | name. In relation to a recognized integrated business
composed | ||||||
36 | of a series of operations which collectively
constitute |
| |||||||
| |||||||
1 | manufacturing, or individually constitute
manufacturing | ||||||
2 | operations, the manufacturing process shall be deemed
to | ||||||
3 | commence with the first operation or stage of
production in the | ||||||
4 | series, and shall not be deemed to end until the
completion of | ||||||
5 | the final product in the last operation or stage of
production | ||||||
6 | in the series; and further, for purposes of exemption
(5), | ||||||
7 | photoprocessing is deemed to be a manufacturing
process of | ||||||
8 | tangible personal property for wholesale or retail
sale; (2) | ||||||
9 | "assembling process" shall mean the production of any
article | ||||||
10 | of tangible personal property, whether such article is
a | ||||||
11 | finished product or an article for use in the process
of | ||||||
12 | manufacturing or assembling a different article of
tangible | ||||||
13 | personal property, by the combination of existing
materials in | ||||||
14 | a manner commonly regarded as assembling which results
in a | ||||||
15 | material of a different form, use or name; (3)
"machinery" | ||||||
16 | shall mean major mechanical machines or major
components of | ||||||
17 | such machines contributing to a manufacturing or
assembling | ||||||
18 | process; and (4) "equipment" shall include any
independent | ||||||
19 | device or tool separate from any machinery but
essential to an | ||||||
20 | integrated manufacturing or assembly process;
including | ||||||
21 | computers used primarily in a manufacturer's computer
assisted | ||||||
22 | design, computer assisted manufacturing (CAD/CAM)
system; or | ||||||
23 | any subunit or assembly comprising a component of any
machinery | ||||||
24 | or auxiliary, adjunct or attachment parts of
machinery, such as | ||||||
25 | tools, dies, jigs, fixtures, patterns and molds; or
any parts | ||||||
26 | which require periodic replacement in the course of
normal | ||||||
27 | operation; but shall not include hand tools. Equipment
includes | ||||||
28 | chemicals or chemicals acting as catalysts but only if
the | ||||||
29 | chemicals or chemicals acting as catalysts effect a
direct and | ||||||
30 | immediate change upon a product being manufactured or
assembled | ||||||
31 | for wholesale or retail sale or lease. The purchaser
of such | ||||||
32 | machinery and equipment who has an active resale
registration | ||||||
33 | number shall furnish such number to the seller at the
time of | ||||||
34 | purchase. The user of such machinery and equipment and
tools | ||||||
35 | without an active resale registration number shall
prepare a | ||||||
36 | certificate of exemption for each transaction stating
facts |
| |||||||
| |||||||
1 | establishing the exemption for that transaction, which
| ||||||
2 | certificate shall be available to the Department for
inspection | ||||||
3 | or audit. The Department shall prescribe the form of
the | ||||||
4 | certificate. | ||||||
5 | Any informal
rulings, opinions or letters issued by the | ||||||
6 | Department in response to an inquiry or request for
any opinion | ||||||
7 | from any person regarding the coverage and
applicability of | ||||||
8 | exemption (5) to specific devices shall be published,
| ||||||
9 | maintained as a public record, and made available for
public | ||||||
10 | inspection and copying. If the informal ruling,
opinion or | ||||||
11 | letter contains trade secrets or other confidential
| ||||||
12 | information, where possible the Department shall
delete such | ||||||
13 | information prior to publication. Whenever such
informal | ||||||
14 | rulings, opinions, or letters contain any policy of
general | ||||||
15 | applicability, the Department shall formulate and
adopt such | ||||||
16 | policy as a rule in accordance with the provisions of
the | ||||||
17 | Illinois Administrative Procedure Act.
| ||||||
18 | On and after July
1, 1987, no entity otherwise eligible | ||||||
19 | under exemption (3) of this Section shall make tax
free | ||||||
20 | purchases unless it has an active exemption
identification | ||||||
21 | number issued by the Department.
| ||||||
22 | The purchase,
employment and transfer of such tangible | ||||||
23 | personal property as newsprint and ink for the primary
purpose | ||||||
24 | of conveying news (with or without other information)
is not a | ||||||
25 | purchase, use or sale of service or of tangible
personal | ||||||
26 | property within the meaning of this Act.
| ||||||
27 | "Serviceman"
means any person who is engaged in the | ||||||
28 | occupation of making sales of service.
| ||||||
29 | "Sale at retail"
means "sale at retail" as defined in the | ||||||
30 | Retailers' Occupation Tax Act.
| ||||||
31 | "Supplier" means
any person who makes sales of tangible | ||||||
32 | personal property to servicemen for the purpose of
resale as an | ||||||
33 | incident to a sale of service.
| ||||||
34 | "Serviceman
maintaining a place of business in this State", | ||||||
35 | or any like term, means and includes any
serviceman:
| ||||||
36 | 1.
having or maintaining within this State, directly or
|
| |||||||
| |||||||
1 | by a subsidiary, an office,
distribution house, sales | ||||||
2 | house, warehouse or other
place of business, or any agent | ||||||
3 | or other representative
operating within this State under | ||||||
4 | the authority of the
serviceman or its subsidiary, | ||||||
5 | irrespective of whether such
place of business or agent or | ||||||
6 | other representative is
located here permanently or | ||||||
7 | temporarily, or whether such
serviceman or subsidiary is | ||||||
8 | licensed to do business in
this State;
| ||||||
9 | 2.
soliciting orders for tangible personal property by | ||||||
10 | means of a telecommunication
or television shopping system | ||||||
11 | (which utilizes toll free
numbers) which is intended by the | ||||||
12 | retailer to be broadcast by
cable television or other means | ||||||
13 | of broadcasting, to consumers
located in this State;
| ||||||
14 | 3.
pursuant to a contract with a broadcaster or | ||||||
15 | publisher located in this
State, soliciting orders for | ||||||
16 | tangible personal property by
means of advertising which is | ||||||
17 | disseminated primarily to
consumers located in this State | ||||||
18 | and only secondarily to
bordering jurisdictions;
| ||||||
19 | 4.
soliciting orders for tangible personal property by | ||||||
20 | mail if the solicitations are
substantial and recurring and | ||||||
21 | if the retailer benefits from
any banking, financing, debt | ||||||
22 | collection, telecommunication,
or marketing activities | ||||||
23 | occurring in this State or
benefits from the location in | ||||||
24 | this State of authorized
installation, servicing, or | ||||||
25 | repair
facilities;
| ||||||
26 | 5.
being owned or controlled by the same interests | ||||||
27 | which own or control any
retailer engaging in business in | ||||||
28 | the same or similar line of
business in this State;
| ||||||
29 | 6.
having a franchisee or licensee operating under its | ||||||
30 | trade name if the franchisee
or licensee is required to | ||||||
31 | collect the tax under this
Section;
| ||||||
32 | 7.
pursuant to a contract with a cable television | ||||||
33 | operator located in this
State, soliciting orders for | ||||||
34 | tangible personal property by
means of advertising which is | ||||||
35 | transmitted or distributed
over a cable television system | ||||||
36 | in this State; or
|
| |||||||
| |||||||
1 | 8.
engaging in activities in Illinois, which | ||||||
2 | activities in the state in
which the supply business | ||||||
3 | engaging in such activities is
located would constitute | ||||||
4 | maintaining a place of
business in that state. | ||||||
5 | (Source: P.A. 92-484, eff. 8-23-01; 93-23, eff.
6-20-03; 93-24, | ||||||
6 | eff. 6-20-03; revised 8-21-03.)
| ||||||
7 | Section 150.
The Service Occupation Tax Act is amended by | ||||||
8 | changing Section 2 as follows:
| ||||||
9 | (35 ILCS
115/2) (from Ch. 120, par.
439.102)
| ||||||
10 | Sec. 2.
"Transfer" means any transfer of the title to | ||||||
11 | property or of the ownership of property whether or
not the | ||||||
12 | transferor retains title as security for the payment
of amounts | ||||||
13 | due him from the transferee.
| ||||||
14 | "Cost Price"
means the consideration paid by the serviceman | ||||||
15 | for a purchase valued in money, whether paid in money
or | ||||||
16 | otherwise, including cash, credits and services, and
shall be | ||||||
17 | determined without any deduction on account of the
supplier's | ||||||
18 | cost of the property sold or on account of any other
expense | ||||||
19 | incurred by the supplier. When a serviceman contracts
out part | ||||||
20 | or all of the services required in his sale of
service, it | ||||||
21 | shall be presumed that the cost price to the
serviceman of the | ||||||
22 | property transferred to him by his or her
subcontractor is | ||||||
23 | equal to 50% of the subcontractor's charges to the
serviceman | ||||||
24 | in the absence of proof of the consideration paid by
the | ||||||
25 | subcontractor for the purchase of such
property. | ||||||
26 | "Department"
means the Department of Revenue. | ||||||
27 | "Person" means
any natural individual, firm, partnership, | ||||||
28 | association, joint stock company, joint venture,
public or | ||||||
29 | private corporation, limited liability company, and
any | ||||||
30 | receiver, executor, trustee, guardian or other
representative | ||||||
31 | appointed by order of any court.
| ||||||
32 | "Sale of Service"
means any transaction except: | ||||||
33 | (a) A retail sale
of tangible personal property taxable | ||||||
34 | under the Retailers' Occupation Tax Act or under the
Use Tax |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (b) A sale of
tangible personal property for the purpose of | ||||||
3 | resale made in compliance with Section 2c of the
Retailers' | ||||||
4 | Occupation Tax Act. | ||||||
5 | (c) Except as
hereinafter provided, a sale or transfer of | ||||||
6 | tangible personal property as an incident to the
rendering of | ||||||
7 | service for or by any governmental body or for or by
any | ||||||
8 | corporation, society, association, foundation or
institution | ||||||
9 | organized and operated exclusively for charitable,
religious | ||||||
10 | or educational purposes or any not-for-profit
corporation, | ||||||
11 | society, association, foundation, institution or
organization | ||||||
12 | which has no compensated officers or employees and
which is | ||||||
13 | organized and operated primarily for the recreation of
persons | ||||||
14 | 55 years of age or older. A limited liability company
may | ||||||
15 | qualify for the exemption under this paragraph only if
the | ||||||
16 | limited liability company is organized and operated
| ||||||
17 | exclusively for educational purposes.
| ||||||
18 | (d) A sale or
transfer of tangible personal property as an | ||||||
19 | incident to the rendering of service for interstate
carriers | ||||||
20 | for hire for use as rolling stock moving in interstate
commerce | ||||||
21 | or lessors under leases of one year or longer,
executed or in | ||||||
22 | effect at the time of purchase, to interstate carriers
for hire | ||||||
23 | for use as rolling stock moving in interstate
commerce, and | ||||||
24 | equipment operated by a telecommunications provider,
licensed | ||||||
25 | as a common carrier by the Federal Communications
Commission, | ||||||
26 | which is permanently installed in or affixed to
aircraft moving | ||||||
27 | in interstate commerce. | ||||||
28 | (d-1) A sale or
transfer of tangible personal property as | ||||||
29 | an incident to the rendering of service for owners,
lessors or | ||||||
30 | shippers of tangible personal property which is
utilized by | ||||||
31 | interstate carriers for hire for use as rolling stock
moving in | ||||||
32 | interstate commerce, and equipment operated by a
| ||||||
33 | telecommunications provider, licensed as a common
carrier by | ||||||
34 | the Federal Communications Commission, which is
permanently | ||||||
35 | installed in or affixed to aircraft moving in
interstate | ||||||
36 | commerce. |
| |||||||
| |||||||
1 | (d-1.1) On and
after July 1, 2003, a sale or transfer of a | ||||||
2 | motor vehicle of the second division with a gross
vehicle | ||||||
3 | weight in excess of 8,000 pounds as an incident to the
| ||||||
4 | rendering of service if that motor vehicle is subject
to the | ||||||
5 | commercial distribution fee imposed under Section
3-815.1 of | ||||||
6 | the Illinois Vehicle Code. This exemption applies to
repair and | ||||||
7 | replacement parts added after the initial purchase of
such a | ||||||
8 | motor vehicle if that motor vehicle is used in a
manner that | ||||||
9 | would qualify for the rolling stock exemption
otherwise | ||||||
10 | provided for in this Act. | ||||||
11 | (d-2) The
repairing, reconditioning or remodeling, for a | ||||||
12 | common carrier by rail, of tangible personal property
which | ||||||
13 | belongs to such carrier for hire, and as to which such
carrier | ||||||
14 | receives the physical possession of the repaired,
| ||||||
15 | reconditioned or remodeled item of tangible personal
property | ||||||
16 | in Illinois, and which such carrier transports, or
shares with | ||||||
17 | another common carrier in the transportation of such
property, | ||||||
18 | out of Illinois on a standard uniform bill of lading
showing | ||||||
19 | the person who repaired, reconditioned or remodeled
the | ||||||
20 | property as the shipper or consignor of such property
to a | ||||||
21 | destination outside Illinois, for use outside
Illinois. | ||||||
22 | (d-3) A sale or
transfer of tangible personal property | ||||||
23 | which is produced by the seller thereof on special
order in | ||||||
24 | such a way as to have made the applicable tax the
Service | ||||||
25 | Occupation Tax or the Service Use Tax, rather than the
| ||||||
26 | Retailers' Occupation Tax or the Use Tax, for an
interstate | ||||||
27 | carrier by rail which receives the physical possession
of such | ||||||
28 | property in Illinois, and which transports such
property, or | ||||||
29 | shares with another common carrier in the
transportation of | ||||||
30 | such property, out of Illinois on a standard uniform
bill of | ||||||
31 | lading showing the seller of the property as the
shipper or | ||||||
32 | consignor of such property to a destination outside
Illinois, | ||||||
33 | for use outside Illinois. | ||||||
34 | (d-4) Until
January 1, 1997, a sale, by a registered | ||||||
35 | serviceman paying tax under this Act to the
Department, of | ||||||
36 | special order printed materials delivered outside
Illinois and |
| |||||||
| |||||||
1 | which are not returned to this State, if delivery is
made by | ||||||
2 | the seller or agent of the seller, including an agent
who | ||||||
3 | causes the product to be delivered outside Illinois by
a common | ||||||
4 | carrier or the U.S. postal service.
| ||||||
5 | (e) A sale or
transfer of machinery and equipment used | ||||||
6 | primarily in the process of the manufacturing or
assembling, | ||||||
7 | either in an existing, an expanded or a new
manufacturing | ||||||
8 | facility, of tangible personal property for wholesale
or retail | ||||||
9 | sale or lease, whether such sale or lease is made
directly by | ||||||
10 | the manufacturer or by some other person, whether the
materials | ||||||
11 | used in the process are owned by the manufacturer or
some other | ||||||
12 | person, or whether such sale or lease is made apart
from or as | ||||||
13 | an incident to the seller's engaging in a service
occupation | ||||||
14 | and the applicable tax is a Service Occupation Tax or
Service | ||||||
15 | Use Tax, rather than Retailers' Occupation Tax or Use
Tax. | ||||||
16 | (f) Until July 1,
2003, the sale or transfer of | ||||||
17 | distillation machinery and equipment, sold as a unit
or kit and | ||||||
18 | assembled or installed by the retailer, which
machinery and | ||||||
19 | equipment is certified by the user to be used only for
the | ||||||
20 | production of ethyl alcohol that will be used for
consumption | ||||||
21 | as motor fuel or as a component of motor fuel for the
personal | ||||||
22 | use of such user and not subject to sale or
resale. | ||||||
23 | (g) At the
election of any serviceman not required to be | ||||||
24 | otherwise registered as a retailer under Section 2a of
the | ||||||
25 | Retailers' Occupation Tax Act, made for each fiscal
year sales | ||||||
26 | of service in which the aggregate annual cost price of
tangible | ||||||
27 | personal property transferred as an incident to the
sales of | ||||||
28 | service is less than 35% (75% in the case of
servicemen | ||||||
29 | transferring prescription drugs or servicemen engaged
in | ||||||
30 | graphic arts production) of the aggregate annual total
gross | ||||||
31 | receipts from all sales of service. The purchase of
such | ||||||
32 | tangible personal property by the serviceman shall be
subject | ||||||
33 | to tax under the Retailers' Occupation Tax Act and the
Use Tax | ||||||
34 | Act. However, if a primary serviceman who has made the
election | ||||||
35 | described in this paragraph subcontracts service work
to a | ||||||
36 | secondary serviceman who has also made the election
described |
| |||||||
| |||||||
1 | in this paragraph, the primary serviceman does not
incur a Use | ||||||
2 | Tax liability if the secondary serviceman (i) has paid
or will | ||||||
3 | pay Use Tax on his or her cost price of any tangible
personal | ||||||
4 | property transferred to the primary serviceman and
(ii) | ||||||
5 | certifies that fact in writing to the primary
serviceman. | ||||||
6 | Tangible personal
property transferred incident to the | ||||||
7 | completion of a maintenance agreement is exempt from
the tax | ||||||
8 | imposed pursuant to this Act.
| ||||||
9 | Exemption (e)
also includes machinery and equipment used in | ||||||
10 | the general maintenance or repair of such exempt
machinery and | ||||||
11 | equipment or for in-house manufacture of exempt
machinery and | ||||||
12 | equipment. For the purposes of exemption (e), each of
these | ||||||
13 | terms shall have the following meanings: (1)
"manufacturing | ||||||
14 | process" shall mean the production of any article of
tangible | ||||||
15 | personal property, whether such article is a finished
product | ||||||
16 | or an article for use in the process of manufacturing
or | ||||||
17 | assembling a different article of tangible personal
property, | ||||||
18 | by procedures commonly regarded as manufacturing,
processing, | ||||||
19 | fabricating, or refining which changes some existing
material | ||||||
20 | or materials into a material with a different form,
use or | ||||||
21 | name. In relation to a recognized integrated business
composed | ||||||
22 | of a series of operations which collectively
constitute | ||||||
23 | manufacturing, or individually constitute
manufacturing | ||||||
24 | operations, the manufacturing process shall be deemed
to | ||||||
25 | commence with the first operation or stage of
production in the | ||||||
26 | series, and shall not be deemed to end until the
completion of | ||||||
27 | the final product in the last operation or stage of
production | ||||||
28 | in the series; and further for purposes of exemption
(e), | ||||||
29 | photoprocessing is deemed to be a manufacturing
process of | ||||||
30 | tangible personal property for wholesale or retail
sale; (2) | ||||||
31 | "assembling process" shall mean the production of any
article | ||||||
32 | of tangible personal property, whether such article is
a | ||||||
33 | finished product or an article for use in the process
of | ||||||
34 | manufacturing or assembling a different article of
tangible | ||||||
35 | personal property, by the combination of existing
materials in | ||||||
36 | a manner commonly regarded as assembling which results
in a |
| |||||||
| |||||||
1 | material of a different form, use or name; (3)
"machinery" | ||||||
2 | shall mean major mechanical machines or major
components of | ||||||
3 | such machines contributing to a manufacturing or
assembling | ||||||
4 | process; and (4) "equipment" shall include any
independent | ||||||
5 | device or tool separate from any machinery but
essential to an | ||||||
6 | integrated manufacturing or assembly process;
including | ||||||
7 | computers used primarily in a manufacturer's computer
assisted | ||||||
8 | design, computer assisted manufacturing (CAD/CAM)
system; or | ||||||
9 | any subunit or assembly comprising a component of any
machinery | ||||||
10 | or auxiliary, adjunct or attachment parts of
machinery, such as | ||||||
11 | tools, dies, jigs, fixtures, patterns and molds; or
any parts | ||||||
12 | which require periodic replacement in the course of
normal | ||||||
13 | operation; but shall not include hand tools. Equipment
includes | ||||||
14 | chemicals or chemicals acting as catalysts but only if
the | ||||||
15 | chemicals or chemicals acting as catalysts effect a
direct and | ||||||
16 | immediate change upon a product being manufactured or
assembled | ||||||
17 | for wholesale or retail sale or lease. The purchaser
of such | ||||||
18 | machinery and equipment who has an active resale
registration | ||||||
19 | number shall furnish such number to the seller at the
time of | ||||||
20 | purchase. The purchaser of such machinery and
equipment and | ||||||
21 | tools without an active resale registration number
shall | ||||||
22 | furnish to the seller a certificate of exemption for
each | ||||||
23 | transaction stating facts establishing the exemption
for that | ||||||
24 | transaction, which certificate shall be available to
the | ||||||
25 | Department for inspection or audit.
| ||||||
26 | Except as
provided in Section 2d of this Act, the rolling | ||||||
27 | stock exemption applies to rolling stock used by an
interstate | ||||||
28 | carrier for hire, even just between points in
Illinois, if such | ||||||
29 | rolling stock transports, for hire, persons whose
journeys or | ||||||
30 | property whose shipments originate or terminate
outside | ||||||
31 | Illinois. | ||||||
32 | Any informal
rulings, opinions or letters issued by the | ||||||
33 | Department in response to an inquiry or request for
any opinion | ||||||
34 | from any person regarding the coverage and
applicability of | ||||||
35 | exemption (e) to specific devices shall be published,
| ||||||
36 | maintained as a public record, and made available for
public |
| |||||||
| |||||||
1 | inspection and copying. If the informal ruling,
opinion or | ||||||
2 | letter contains trade secrets or other confidential
| ||||||
3 | information, where possible the Department shall
delete such | ||||||
4 | information prior to publication. Whenever such
informal | ||||||
5 | rulings, opinions, or letters contain any policy of
general | ||||||
6 | applicability, the Department shall formulate and
adopt such | ||||||
7 | policy as a rule in accordance with the provisions of
the | ||||||
8 | Illinois Administrative Procedure Act.
| ||||||
9 | On and after July
1, 1987, no entity otherwise eligible | ||||||
10 | under exemption (c) of this Section shall make tax
free | ||||||
11 | purchases unless it has an active exemption
identification | ||||||
12 | number issued by the Department.
| ||||||
13 | "Serviceman"
means any person who is engaged in the | ||||||
14 | occupation of making sales of service.
| ||||||
15 | "Sale at Retail"
means "sale at retail" as defined in the | ||||||
16 | Retailers' Occupation Tax Act.
| ||||||
17 | "Supplier" means
any person who makes sales of tangible | ||||||
18 | personal property to servicemen for the purpose of
resale as an | ||||||
19 | incident to a sale of service.
| ||||||
20 | (Source: P.A. 92-484, eff. 8-23-01; 93-23, eff.
6-20-03; 93-24, | ||||||
21 | eff. 6-20-03; revised 8-21-03.)
| ||||||
22 | Section 155.
The Retailers' Occupation Tax Act is amended | ||||||
23 | by changing Sections 2-5 and 3 as
follows:
| ||||||
24 | (35 ILCS
120/2-5) (from Ch. 120, par.
441-5)
| ||||||
25 | Sec. 2-5.
Exemptions. Gross receipts from proceeds from
the | ||||||
26 | sale of the following tangible personal property are
exempt | ||||||
27 | from the tax imposed by this Act:
| ||||||
28 | (1) Farm
chemicals. | ||||||
29 | (2) Farm
machinery and equipment, both new and used, | ||||||
30 | including that manufactured on special order,
certified by the | ||||||
31 | purchaser to be used primarily for production
agriculture or | ||||||
32 | State or federal agricultural programs, including
individual | ||||||
33 | replacement parts for the machinery and equipment,
including | ||||||
34 | machinery and equipment purchased for lease, and
including |
| |||||||
| |||||||
1 | implements of husbandry defined in Section 1-130 of
the | ||||||
2 | Illinois Vehicle Code, farm machinery and agricultural
| ||||||
3 | chemical and fertilizer spreaders, and nurse wagons
required to | ||||||
4 | be registered under Section 3-809 of the Illinois
Vehicle Code, | ||||||
5 | but excluding other motor vehicles required to be
registered | ||||||
6 | under the Illinois Vehicle Code. Horticultural
polyhouses or | ||||||
7 | hoop houses used for propagating, growing, or
overwintering | ||||||
8 | plants shall be considered farm machinery and
equipment under | ||||||
9 | this item (2). Agricultural chemical tender tanks and
dry boxes | ||||||
10 | shall include units sold separately from a motor
vehicle | ||||||
11 | required to be licensed and units sold mounted on a
motor | ||||||
12 | vehicle required to be licensed, if the selling price
of the | ||||||
13 | tender is separately stated.
| ||||||
14 | Farm machinery
and equipment shall include precision | ||||||
15 | farming equipment that is installed or purchased to be
| ||||||
16 | installed on farm machinery and equipment including,
but not | ||||||
17 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
18 | or spreaders. Precision farming equipment includes,
but is not | ||||||
19 | limited to, soil testing sensors, computers, monitors,
| ||||||
20 | software, global positioning and mapping systems, and
other | ||||||
21 | such equipment. | ||||||
22 | Farm machinery
and equipment also includes computers, | ||||||
23 | sensors, software, and related equipment used
primarily in the | ||||||
24 | computer-assisted operation of production agriculture
| ||||||
25 | facilities, equipment, and activities such as, but not
limited | ||||||
26 | to, the collection, monitoring, and correlation of
animal and | ||||||
27 | crop data for the purpose of formulating animal diets
and | ||||||
28 | agricultural chemicals. This item (7) is exempt from
the | ||||||
29 | provisions of Section 2-70. | ||||||
30 | (3) Until July 1,
2003, distillation machinery and | ||||||
31 | equipment, sold as a unit or kit, assembled or
installed by the | ||||||
32 | retailer, certified by the user to be used only for
the | ||||||
33 | production of ethyl alcohol that will be used for
consumption | ||||||
34 | as motor fuel or as a component of motor fuel for the
personal | ||||||
35 | use of the user, and not subject to sale or
resale. | ||||||
36 | (4) Until July 1,
2003, graphic arts machinery and |
| |||||||
| |||||||
1 | equipment, including repair and replacement parts,
both new and | ||||||
2 | used, and including that manufactured on special order
or | ||||||
3 | purchased for lease, certified by the purchaser to be
used | ||||||
4 | primarily for graphic arts production. Equipment
includes | ||||||
5 | chemicals or chemicals acting as catalysts but only if
the | ||||||
6 | chemicals or chemicals acting as catalysts effect a
direct and | ||||||
7 | immediate change upon a graphic arts
product. | ||||||
8 | (5) A motor
vehicle of the first division, a motor vehicle | ||||||
9 | of the second division that is a self-contained motor
vehicle | ||||||
10 | designed or permanently converted to provide living
quarters | ||||||
11 | for recreational, camping, or travel use, with direct
walk | ||||||
12 | through access to the living quarters from the
driver's seat, | ||||||
13 | or a motor vehicle of the second division that is of
the van | ||||||
14 | configuration designed for the transportation of not
less than | ||||||
15 | 7 nor more than 16 passengers, as defined in Section
1-146 of | ||||||
16 | the Illinois Vehicle Code, that is used for automobile
renting, | ||||||
17 | as defined in the Automobile Renting Occupation and
Use Tax | ||||||
18 | Act. | ||||||
19 | (6) Personal
property sold by a teacher-sponsored student | ||||||
20 | organization affiliated with an elementary or
secondary school | ||||||
21 | located in Illinois. | ||||||
22 | (7) Until July 1,
2003, proceeds of that portion of the | ||||||
23 | selling price of a passenger car the sale of which is
subject | ||||||
24 | to the Replacement Vehicle Tax.
| ||||||
25 | (8) Personal
property sold to an Illinois county fair | ||||||
26 | association for use in conducting, operating, or
promoting the | ||||||
27 | county fair. | ||||||
28 | (9) Personal
property sold to a not-for-profit arts or | ||||||
29 | cultural organization that establishes, by proof
required by | ||||||
30 | the Department by rule, that it has received an
exemption under | ||||||
31 | Section 501(c)(3) of the Internal Revenue Code and
that is | ||||||
32 | organized and operated primarily for the presentation
or | ||||||
33 | support of arts or cultural programming, activities,
or | ||||||
34 | services. These organizations include, but are not
limited to, | ||||||
35 | music and dramatic arts organizations such as symphony
| ||||||
36 | orchestras and theatrical groups, arts and cultural
service |
| |||||||
| |||||||
1 | organizations, local arts councils, visual arts
organizations, | ||||||
2 | and media arts organizations. On and after the
effective date | ||||||
3 | of this amendatory Act of the 92nd General Assembly,
however, | ||||||
4 | an entity otherwise eligible for this exemption shall
not make | ||||||
5 | tax-free purchases unless it has an active
identification | ||||||
6 | number issued by the Department.
| ||||||
7 | (10) Personal
property sold by a corporation, society, | ||||||
8 | association, foundation, institution, or organization,
other | ||||||
9 | than a limited liability company, that is organized
and | ||||||
10 | operated as a not-for-profit service enterprise for
the benefit | ||||||
11 | of persons 65 years of age or older if the personal
property | ||||||
12 | was not purchased by the enterprise for the purpose of
resale | ||||||
13 | by the enterprise. | ||||||
14 | (11) Personal
property sold to a governmental body, to a | ||||||
15 | corporation, society, association, foundation, or
institution | ||||||
16 | organized and operated exclusively for charitable,
religious, | ||||||
17 | or educational purposes, or to a not-for-profit
corporation, | ||||||
18 | society, association, foundation, institution, or
organization | ||||||
19 | that has no compensated officers or employees and that
is | ||||||
20 | organized and operated primarily for the recreation of
persons | ||||||
21 | 55 years of age or older. A limited liability company
may | ||||||
22 | qualify for the exemption under this paragraph only if
the | ||||||
23 | limited liability company is organized and operated
| ||||||
24 | exclusively for educational purposes. On and after
July 1, | ||||||
25 | 1987, however, no entity otherwise eligible for this
exemption | ||||||
26 | shall make tax-free purchases unless it has an active
| ||||||
27 | identification number issued by the
Department. | ||||||
28 | (12) Tangible
personal property sold to interstate | ||||||
29 | carriers for hire for use as rolling stock moving in
interstate | ||||||
30 | commerce or to lessors under leases of one year or
longer | ||||||
31 | executed or in effect at the time of purchase by
interstate | ||||||
32 | carriers for hire for use as rolling stock moving in
interstate | ||||||
33 | commerce and equipment operated by a
telecommunications | ||||||
34 | provider, licensed as a common carrier by the Federal
| ||||||
35 | Communications Commission, which is permanently
installed in | ||||||
36 | or affixed to aircraft moving in interstate
commerce. |
| |||||||
| |||||||
1 | (12-5) On and
after July 1, 2003, motor vehicles of the | ||||||
2 | second division with a gross vehicle weight in excess
of 8,000 | ||||||
3 | pounds that are subject to the commercial distribution
fee | ||||||
4 | imposed under Section 3-815.1 of the Illinois Vehicle
Code. | ||||||
5 | This exemption applies to repair and replacement parts
added | ||||||
6 | after the initial purchase of such a motor vehicle if
that | ||||||
7 | motor vehicle is used in a manner that would qualify
for the | ||||||
8 | rolling stock exemption otherwise provided for in this
Act. | ||||||
9 | (13) Proceeds
from sales to owners, lessors, or shippers of | ||||||
10 | tangible personal property that is utilized by
interstate | ||||||
11 | carriers for hire for use as rolling stock moving in
interstate | ||||||
12 | commerce and equipment operated by a
telecommunications | ||||||
13 | provider, licensed as a common carrier by the Federal
| ||||||
14 | Communications Commission, which is permanently
installed in | ||||||
15 | or affixed to aircraft moving in interstate
commerce. | ||||||
16 | (14) Machinery
and equipment that will be used by the | ||||||
17 | purchaser, or a lessee of the purchaser, primarily in
the | ||||||
18 | process of manufacturing or assembling tangible
personal | ||||||
19 | property for wholesale or retail sale or lease,
whether the | ||||||
20 | sale or lease is made directly by the manufacturer or
by some | ||||||
21 | other person, whether the materials used in the
process are | ||||||
22 | owned by the manufacturer or some other person, or
whether the | ||||||
23 | sale or lease is made apart from or as an incident to
the | ||||||
24 | seller's engaging in the service occupation of
producing | ||||||
25 | machines, tools, dies, jigs, patterns, gauges, or
other similar | ||||||
26 | items of no commercial value on special order for a
particular | ||||||
27 | purchaser. | ||||||
28 | (15) Proceeds of
mandatory service charges separately | ||||||
29 | stated on customers' bills for purchase and
consumption of food | ||||||
30 | and beverages, to the extent that the proceeds of the
service | ||||||
31 | charge are in fact turned over as tips or as a
substitute for | ||||||
32 | tips to the employees who participate directly in
preparing, | ||||||
33 | serving, hosting or cleaning up the food or beverage
function | ||||||
34 | with respect to which the service charge is
imposed. | ||||||
35 | (16) Petroleum
products sold to a purchaser if the seller | ||||||
36 | is prohibited by federal law from charging tax to the
|
| |||||||
| |||||||
1 | purchaser. | ||||||
2 | (17) Tangible
personal property sold to a common carrier by | ||||||
3 | rail or motor that receives the physical possession of
the | ||||||
4 | property in Illinois and that transports the property,
or | ||||||
5 | shares with another common carrier in the
transportation of the | ||||||
6 | property, out of Illinois on a standard uniform bill
of lading | ||||||
7 | showing the seller of the property as the shipper or
consignor | ||||||
8 | of the property to a destination outside Illinois, for
use | ||||||
9 | outside Illinois. | ||||||
10 | (18) Legal
tender, currency, medallions, or gold or silver | ||||||
11 | coinage issued by the State of Illinois, the
government of the | ||||||
12 | United States of America, or the government of any
foreign | ||||||
13 | country, and bullion. | ||||||
14 | (19) Until July 1
2003, oil field exploration, drilling, | ||||||
15 | and production equipment, including (i) rigs and parts
of rigs, | ||||||
16 | rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and | ||||||
17 | tubular goods, including casing and drill strings,
(iii) pumps | ||||||
18 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
19 | individual replacement part for oil field exploration,
| ||||||
20 | drilling, and production equipment, and (vi) machinery
and | ||||||
21 | equipment purchased for lease; but excluding motor
vehicles | ||||||
22 | required to be registered under the Illinois Vehicle
Code. | ||||||
23 | (20)
Photoprocessing machinery and equipment, including | ||||||
24 | repair and replacement parts, both new and used,
including that | ||||||
25 | manufactured on special order, certified by the
purchaser to be | ||||||
26 | used primarily for photoprocessing, and including
| ||||||
27 | photoprocessing machinery and equipment purchased for
lease. | ||||||
28 | (21) Until July
1, 2003, coal exploration, mining, | ||||||
29 | offhighway hauling, processing, maintenance, and
reclamation | ||||||
30 | equipment, including replacement parts and equipment,
and | ||||||
31 | including equipment purchased for lease, but excluding
motor | ||||||
32 | vehicles required to be registered under the Illinois
Vehicle | ||||||
33 | Code. | ||||||
34 | (22) Fuel and
petroleum products sold to or used by an air | ||||||
35 | carrier, certified by the carrier to be used for
consumption, | ||||||
36 | shipment, or storage in the conduct of its business as
an air |
| |||||||
| |||||||
1 | common carrier, for a flight destined for or returning
from a | ||||||
2 | location or locations outside the United States
without regard | ||||||
3 | to previous or subsequent domestic
stopovers. | ||||||
4 | (23) A
transaction in which the purchase order is received | ||||||
5 | by a florist who is located outside Illinois, but who
has a | ||||||
6 | florist located in Illinois deliver the property to
the | ||||||
7 | purchaser or the purchaser's donee in
Illinois. | ||||||
8 | (24) Fuel
consumed or used in the operation of ships, | ||||||
9 | barges, or vessels that are used primarily in or for
the | ||||||
10 | transportation of property or the conveyance of
persons for | ||||||
11 | hire on rivers bordering on this State if the fuel is
delivered | ||||||
12 | by the seller to the purchaser's barge, ship, or
vessel while | ||||||
13 | it is afloat upon that bordering river.
| ||||||
14 | (25) A motor
vehicle sold in this State to a nonresident | ||||||
15 | even though the motor vehicle is delivered to the
nonresident | ||||||
16 | in this State, if the motor vehicle is not to be
titled in this | ||||||
17 | State, and if a drive-away permit is issued to the
motor | ||||||
18 | vehicle as provided in Section 3-603 of the Illinois
Vehicle | ||||||
19 | Code or if the nonresident purchaser has vehicle
registration | ||||||
20 | plates to transfer to the motor vehicle upon returning
to his | ||||||
21 | or her home state. The issuance of the drive-away
permit or | ||||||
22 | having the out-of-state registration plates to be
transferred | ||||||
23 | is prima facie evidence that the motor vehicle will
not be | ||||||
24 | titled in this State. | ||||||
25 | (26) Semen used
for artificial insemination of livestock | ||||||
26 | for direct agricultural production.
| ||||||
27 | (27) Horses, or
interests in horses, registered with and | ||||||
28 | meeting the requirements of any of the Arabian Horse
Club | ||||||
29 | Registry of America, Appaloosa Horse Club, American
Quarter | ||||||
30 | Horse Association, United States Trotting Association,
or | ||||||
31 | Jockey Club, as appropriate, used for purposes of
breeding or | ||||||
32 | racing for prizes. | ||||||
33 | (28) Computers
and communications equipment utilized for | ||||||
34 | any hospital purpose and equipment used in the
diagnosis, | ||||||
35 | analysis, or treatment of hospital patients sold to a
lessor | ||||||
36 | who leases the equipment, under a lease of one year or
longer |
| |||||||
| |||||||
1 | executed or in effect at the time of the purchase, to
a | ||||||
2 | hospital that has been issued an active tax exemption
| ||||||
3 | identification number by the Department under Section
1g of | ||||||
4 | this Act. | ||||||
5 | (29) Personal
property sold to a lessor who leases the | ||||||
6 | property, under a lease of one year or longer executed
or in | ||||||
7 | effect at the time of the purchase, to a governmental
body that | ||||||
8 | has been issued an active tax exemption identification
number | ||||||
9 | by the Department under Section 1g of this
Act. | ||||||
10 | (30) Beginning
with taxable years ending on or after | ||||||
11 | December 31, 1995 and ending with taxable years ending
on or | ||||||
12 | before December 31, 2004, personal property that is
donated for | ||||||
13 | disaster relief to be used in a State or federally
declared | ||||||
14 | disaster area in Illinois or bordering Illinois by a
| ||||||
15 | manufacturer or retailer that is registered in this
State to a | ||||||
16 | corporation, society, association, foundation, or
institution | ||||||
17 | that has been issued a sales tax exemption
identification | ||||||
18 | number by the Department that assists victims of the
disaster | ||||||
19 | who reside within the declared disaster
area. | ||||||
20 | (31) Beginning
with taxable years ending on or after | ||||||
21 | December 31, 1995 and ending with taxable years ending
on or | ||||||
22 | before December 31, 2004, personal property that is
used in the | ||||||
23 | performance of infrastructure repairs in this State,
including | ||||||
24 | but not limited to municipal roads and streets, access
roads, | ||||||
25 | bridges, sidewalks, waste disposal systems, water and
sewer | ||||||
26 | line extensions, water distribution and purification
| ||||||
27 | facilities, storm water drainage and retention
facilities, and | ||||||
28 | sewage treatment facilities, resulting from a State or
| ||||||
29 | federally declared disaster in Illinois or bordering
Illinois | ||||||
30 | when such repairs are initiated on facilities located
in the | ||||||
31 | declared disaster area within 6 months after the
disaster. | ||||||
32 | (32) Beginning
July 1, 1999, game or game birds sold at a | ||||||
33 | "game breeding and hunting preserve area" or an
"exotic game | ||||||
34 | hunting area" as those terms are used in the Wildlife
Code or | ||||||
35 | at a hunting enclosure approved through rules adopted
by the | ||||||
36 | Department of Natural Resources. This paragraph is
exempt from |
| |||||||
| |||||||
1 | the provisions of Section 2-70.
| ||||||
2 | (33) A motor
vehicle, as that term is defined in Section | ||||||
3 | 1-146 of the Illinois Vehicle Code, that is donated to
a | ||||||
4 | corporation, limited liability company, society,
association, | ||||||
5 | foundation, or institution that is determined by the
Department | ||||||
6 | to be organized and operated exclusively for
educational | ||||||
7 | purposes. For purposes of this exemption, "a
corporation, | ||||||
8 | limited liability company, society, association,
foundation, | ||||||
9 | or institution organized and operated exclusively for
| ||||||
10 | educational purposes" means all tax-supported public
schools, | ||||||
11 | private schools that offer systematic instruction in
useful | ||||||
12 | branches of learning by methods common to public
schools and | ||||||
13 | that compare favorably in their scope and intensity
with the | ||||||
14 | course of study presented in tax-supported schools,
and | ||||||
15 | vocational or technical schools or institutes
organized and | ||||||
16 | operated exclusively to provide a course of study of
not less | ||||||
17 | than 6 weeks duration and designed to prepare
individuals to | ||||||
18 | follow a trade or to pursue a manual, technical,
mechanical, | ||||||
19 | industrial, business, or commercial
occupation. | ||||||
20 | (34) Beginning
January 1, 2000, personal property, | ||||||
21 | including food, purchased through fundraising events
for the | ||||||
22 | benefit of a public or private elementary or secondary
school, | ||||||
23 | a group of those schools, or one or more school
districts if | ||||||
24 | the events are sponsored by an entity recognized by
the school | ||||||
25 | district that consists primarily of volunteers and
includes | ||||||
26 | parents and teachers of the school children. This
paragraph | ||||||
27 | does not apply to fundraising events (i) for the
benefit of | ||||||
28 | private home instruction or (ii) for which the
fundraising | ||||||
29 | entity purchases the personal property sold at the
events from | ||||||
30 | another individual or entity that sold the property
for the | ||||||
31 | purpose of resale by the fundraising entity and that
profits | ||||||
32 | from the sale to the fundraising entity. This
paragraph is | ||||||
33 | exempt from the provisions of Section
2-70. | ||||||
34 | (35) Beginning
January 1, 2000 and through December 31, | ||||||
35 | 2001, new or used automatic vending machines that
prepare and | ||||||
36 | serve hot food and beverages, including coffee, soup,
and other |
| |||||||
| |||||||
1 | items, and replacement parts for these machines.
Beginning | ||||||
2 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
3 | for machines used in commercial, coin-operated
amusement and | ||||||
4 | vending business if a use or occupation tax is paid on
the | ||||||
5 | gross receipts derived from the use of the commercial,
| ||||||
6 | coin-operated amusement and vending machines. This
paragraph | ||||||
7 | is exempt from the provisions of Section
2-70. | ||||||
8 | (35-5) Food for
human consumption that is to be consumed | ||||||
9 | off the premises where it is sold (other than
alcoholic | ||||||
10 | beverages, soft drinks, and food that has been
prepared for | ||||||
11 | immediate consumption) and prescription and
nonprescription | ||||||
12 | medicines, drugs, medical appliances, and insulin,
urine | ||||||
13 | testing materials, syringes, and needles used by
diabetics, for | ||||||
14 | human use, when purchased for use by a person
receiving medical | ||||||
15 | assistance under Article 5 of the Illinois Public Aid
Code who | ||||||
16 | resides in a licensed long-term care facility, as
defined in | ||||||
17 | the Nursing Home Care Act. | ||||||
18 | (36) Beginning
August 2, 2001, computers and | ||||||
19 | communications equipment utilized for any hospital
purpose and | ||||||
20 | equipment used in the diagnosis, analysis, or
treatment of | ||||||
21 | hospital patients sold to a lessor who leases the
equipment, | ||||||
22 | under a lease of one year or longer executed or in
effect at | ||||||
23 | the time of the purchase, to a hospital that has been
issued an | ||||||
24 | active tax exemption identification number by the
Department | ||||||
25 | under Section 1g of this Act. This paragraph is exempt
from the | ||||||
26 | provisions of Section 2-70. | ||||||
27 | (37) Beginning
August 2, 2001, personal property sold to a | ||||||
28 | lessor who leases the property, under a lease of one
year or | ||||||
29 | longer executed or in effect at the time of the
purchase, to a | ||||||
30 | governmental body that has been issued an active tax
exemption | ||||||
31 | identification number by the Department under Section
1g of | ||||||
32 | this Act. This paragraph is exempt from the provisions
of | ||||||
33 | Section 2-70. | ||||||
34 | (38) Beginning on
January 1, 2002, tangible personal | ||||||
35 | property purchased from an Illinois retailer by a
taxpayer | ||||||
36 | engaged in centralized purchasing activities in
Illinois who |
| |||||||
| |||||||
1 | will, upon receipt of the property in Illinois,
temporarily | ||||||
2 | store the property in Illinois (i) for the purpose of
| ||||||
3 | subsequently transporting it outside this State for
use or | ||||||
4 | consumption thereafter solely outside this State or
(ii) for | ||||||
5 | the purpose of being processed, fabricated, or
manufactured | ||||||
6 | into, attached to, or incorporated into other tangible
personal | ||||||
7 | property to be transported outside this State and
thereafter | ||||||
8 | used or consumed solely outside this State. The
Director of | ||||||
9 | Revenue shall, pursuant to rules adopted in accordance
with the | ||||||
10 | Illinois Administrative Procedure Act, issue a permit
to any | ||||||
11 | taxpayer in good standing with the Department who is
eligible | ||||||
12 | for the exemption under this paragraph (38). The
permit issued | ||||||
13 | under this paragraph (38) shall authorize the holder,
to the | ||||||
14 | extent and in the manner specified in the rules
adopted under | ||||||
15 | this Act, to purchase tangible personal property from
a | ||||||
16 | retailer exempt from the taxes imposed by this Act.
Taxpayers | ||||||
17 | shall maintain all necessary books and records to
substantiate | ||||||
18 | the use and consumption of all such tangible personal
property | ||||||
19 | outside of the State of Illinois.
| ||||||
20 | (Source: P.A. 92-16, eff. 6-28-01; 92-35, eff. 7-1-01;
92-227, | ||||||
21 | eff. 8-2-01; 92-337, eff. 8-10-01; 92-484, eff.
8-23-01; | ||||||
22 | 92-488, eff. 8-23-01; 92-651, eff. 7-11-02; 92-680,
eff. | ||||||
23 | 7-16-02; 93-23, eff. 6-20-03; 93-24, eff. 6-20-03;
revised | ||||||
24 | 9-11-03.)
| ||||||
25 | (35 ILCS
120/3) (from Ch. 120, par.
442)
| ||||||
26 | Sec. 3.
Except as provided in this Section, on or before
| ||||||
27 | the twentieth day of each calendar month, every person
engaged | ||||||
28 | in the business of selling tangible personal property
at retail | ||||||
29 | in this State during the preceding calendar month
shall file a | ||||||
30 | return with the Department, stating:
| ||||||
31 | 1.
The name of the seller;
| ||||||
32 | 2.
His residence address and the address of his | ||||||
33 | principal place of business
and the address of the | ||||||
34 | principal place of business
(if that is a different | ||||||
35 | address) from which he engages
in the business of selling |
| |||||||
| |||||||
1 | tangible personal property at
retail in this State;
| ||||||
2 | 3.
Total amount of receipts received by him during the | ||||||
3 | preceding calendar month or
quarter, as the case may be, | ||||||
4 | from sales of tangible
personal property, and from services | ||||||
5 | furnished, by him during such
preceding calendar month or | ||||||
6 | quarter;
| ||||||
7 | 4.
Total amount received by him during the preceding | ||||||
8 | calendar month or quarter on
charge and time sales of | ||||||
9 | tangible personal property,
and from services furnished, | ||||||
10 | by him prior to the month or
quarter for which the return | ||||||
11 | is filed;
| ||||||
12 | 5.
Deductions allowed by law;
| ||||||
13 | 6.
Gross receipts which were received by him during the | ||||||
14 | preceding calendar month or
quarter and upon the basis of | ||||||
15 | which the tax is
imposed;
| ||||||
16 | 7.
The amount of credit provided in Section 2d of this | ||||||
17 | Act;
| ||||||
18 | 8.
The amount of tax due;
| ||||||
19 | 9.
The signature of the taxpayer; and
| ||||||
20 | 10.
Such other reasonable information as the | ||||||
21 | Department may
require. | ||||||
22 | If a taxpayer
fails to sign a return within 30 days after | ||||||
23 | the proper notice and demand for signature by the
Department, | ||||||
24 | the return shall be considered valid and any amount
shown to be | ||||||
25 | due on the return shall be deemed
assessed. | ||||||
26 | Each return shall
be accompanied by the statement of | ||||||
27 | prepaid tax issued pursuant to Section 2e for which
credit is | ||||||
28 | claimed. | ||||||
29 | Prior to October
1, 2003, a retailer may accept a | ||||||
30 | Manufacturer's Purchase Credit certification from a
purchaser | ||||||
31 | in satisfaction of Use Tax as provided in Section 3-85
of the | ||||||
32 | Use Tax Act if the purchaser provides the appropriate
| ||||||
33 | documentation as required by Section 3-85 of the Use
Tax Act. A | ||||||
34 | Manufacturer's Purchase Credit certification, accepted
by a | ||||||
35 | retailer prior to October 1, 2003 as provided in
Section 3-85 | ||||||
36 | of the Use Tax Act, may be used by that retailer to
satisfy |
| |||||||
| |||||||
1 | Retailers' Occupation Tax liability in the amount
claimed in | ||||||
2 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
3 | to tax from a qualifying purchase. A Manufacturer's
Purchase | ||||||
4 | Credit reported on any original or amended return
filed under | ||||||
5 | this Act after October 20, 2003 shall be disallowed.
No | ||||||
6 | Manufacturer's Purchase Credit may be used after
September 30, | ||||||
7 | 2003 to satisfy any tax liability imposed under this
Act, | ||||||
8 | including any audit liability.
| ||||||
9 | The Department
may require returns to be filed on a | ||||||
10 | quarterly basis. If so required, a return for each
calendar | ||||||
11 | quarter shall be filed on or before the twentieth day
of the | ||||||
12 | calendar month following the end of such calendar
quarter. The | ||||||
13 | taxpayer shall also file a return with the Department
for each | ||||||
14 | of the first two months of each calendar quarter, on
or before | ||||||
15 | the twentieth day of the following calendar month,
stating:
| ||||||
16 | 1.
The name of the seller;
| ||||||
17 | 2.
The address of the principal place of business from | ||||||
18 | which he engages in the
business of selling tangible | ||||||
19 | personal property at retail in
this State;
| ||||||
20 | 3.
The total amount of taxable receipts received by him | ||||||
21 | during the preceding calendar
month from sales of tangible | ||||||
22 | personal property by him
during such preceding calendar | ||||||
23 | month, including receipts from
charge and time sales, but | ||||||
24 | less all deductions allowed by
law;
| ||||||
25 | 4.
The amount of credit provided in Section 2d of this | ||||||
26 | Act;
| ||||||
27 | 5.
The amount of tax due; and
| ||||||
28 | 6.
Such other reasonable information as the Department | ||||||
29 | may require.
| ||||||
30 | Beginning on
October 1, 2003, any person who is not a | ||||||
31 | licensed distributor, importing distributor, or
manufacturer, | ||||||
32 | as defined in the Liquor Control Act of 1934, but is
engaged in | ||||||
33 | the business of selling, at retail, alcoholic liquor
shall file | ||||||
34 | a statement with the Department of Revenue, in a
format and at | ||||||
35 | a time prescribed by the Department, showing the total
amount | ||||||
36 | paid for alcoholic liquor purchased during the
preceding month |
| |||||||
| |||||||
1 | and such other information as is reasonably required
by the | ||||||
2 | Department. The Department may adopt rules to require
that this | ||||||
3 | statement be filed in an electronic or telephonic
format. Such | ||||||
4 | rules may provide for exceptions from the filing
requirements | ||||||
5 | of this paragraph. For the purposes of this paragraph,
the term | ||||||
6 | "alcoholic liquor" shall have the meaning prescribed
in the | ||||||
7 | Liquor Control Act of 1934. | ||||||
8 | Beginning on
October 1, 2003, every distributor, importing | ||||||
9 | distributor, and manufacturer of alcoholic liquor as
defined in | ||||||
10 | the Liquor Control Act of 1934, shall file a statement
with the | ||||||
11 | Department of Revenue, no later than the 10th day of
the month | ||||||
12 | for the preceding month during which transactions
occurred, by | ||||||
13 | electronic means, showing the total amount of gross
receipts | ||||||
14 | from the sale of alcoholic liquor sold or distributed
during | ||||||
15 | the preceding month to purchasers; identifying the
purchaser to | ||||||
16 | whom it was sold or distributed; the purchaser's tax
| ||||||
17 | registration number; and such other information
reasonably | ||||||
18 | required by the Department. A copy of the monthly
statement | ||||||
19 | shall be sent to the retailer no later than the 10th
day of the | ||||||
20 | month for the preceding month during which
transactions | ||||||
21 | occurred. | ||||||
22 | If a total amount
of less than $1 is payable, refundable or | ||||||
23 | creditable, such amount shall be disregarded if it is
less than | ||||||
24 | 50 cents and shall be increased to $1 if it is 50
cents or more. | ||||||
25 | Beginning October
1, 1993, a taxpayer who has an average | ||||||
26 | monthly tax liability of $150,000 or more shall make
all | ||||||
27 | payments required by rules of the Department by
electronic | ||||||
28 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
29 | an average monthly tax liability of $100,000 or more
shall make | ||||||
30 | all payments required by rules of the Department by
electronic | ||||||
31 | funds transfer. Beginning October 1, 1995, a taxpayer
who has | ||||||
32 | an average monthly tax liability of $50,000 or more
shall make | ||||||
33 | all payments required by rules of the Department by
electronic | ||||||
34 | funds transfer. Beginning October 1, 2000, a taxpayer
who has | ||||||
35 | an annual tax liability of $200,000 or more shall make
all | ||||||
36 | payments required by rules of the Department by
electronic |
| |||||||
| |||||||
1 | funds transfer. The term "annual tax liability" shall
be the | ||||||
2 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
3 | other State and local occupation and use tax laws
administered | ||||||
4 | by the Department, for the immediately preceding
calendar year. | ||||||
5 | The term "average monthly tax liability" shall be the
sum of | ||||||
6 | the taxpayer's liabilities under this Act, and under
all other | ||||||
7 | State and local occupation and use tax laws
administered by the | ||||||
8 | Department, for the immediately preceding calendar
year | ||||||
9 | divided by 12. Beginning on October 1, 2002, a
taxpayer who has | ||||||
10 | a tax liability in the amount set forth in subsection
(b) of | ||||||
11 | Section 2505-210 of the Department of Revenue Law
shall make | ||||||
12 | all payments required by rules of the Department by
electronic | ||||||
13 | funds transfer. | ||||||
14 | Before August 1
of each year beginning in 1993, the | ||||||
15 | Department shall notify all taxpayers required to make
payments | ||||||
16 | by electronic funds transfer. All taxpayers required
to make | ||||||
17 | payments by electronic funds transfer shall make those
payments | ||||||
18 | for a minimum of one year beginning on October
1. | ||||||
19 | Any taxpayer not
required to make payments by electronic | ||||||
20 | funds transfer may make payments by electronic funds
transfer | ||||||
21 | with the permission of the Department.
| ||||||
22 | All taxpayers
required to make payment by electronic funds | ||||||
23 | transfer and any taxpayers authorized to voluntarily
make | ||||||
24 | payments by electronic funds transfer shall make those
payments | ||||||
25 | in the manner authorized by the
Department. | ||||||
26 | The Department
shall adopt such rules as are necessary to | ||||||
27 | effectuate a program of electronic funds transfer and
the | ||||||
28 | requirements of this Section.
| ||||||
29 | Any amount which
is required to be shown or reported on any | ||||||
30 | return or other document under this Act shall, if such
amount | ||||||
31 | is not a whole-dollar amount, be increased to the
nearest | ||||||
32 | whole-dollar amount in any case where the fractional
part of a | ||||||
33 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
34 | whole-dollar amount where the fractional part of a
dollar is | ||||||
35 | less than 50 cents. | ||||||
36 | If the retailer
is otherwise required to file a monthly |
| |||||||
| |||||||
1 | return and if the retailer's average monthly tax
liability to | ||||||
2 | the Department does not exceed $200, the Department
may | ||||||
3 | authorize his returns to be filed on a quarter annual
basis, | ||||||
4 | with the return for January, February and March of a
given year | ||||||
5 | being due by April 20 of such year; with the return
for April, | ||||||
6 | May and June of a given year being due by July 20 of
such year; | ||||||
7 | with the return for July, August and September of a
given year | ||||||
8 | being due by October 20 of such year, and with the
return for | ||||||
9 | October, November and December of a given year being
due by | ||||||
10 | January 20 of the following year.
| ||||||
11 | If the retailer
is otherwise required to file a monthly or | ||||||
12 | quarterly return and if the retailer's average monthly
tax | ||||||
13 | liability with the Department does not exceed $50, the
| ||||||
14 | Department may authorize his returns to be filed on an
annual | ||||||
15 | basis, with the return for a given year being due by
January 20 | ||||||
16 | of the following year. | ||||||
17 | Such quarter
annual and annual returns, as to form and | ||||||
18 | substance, shall be subject to the same requirements
as monthly | ||||||
19 | returns. | ||||||
20 | Notwithstanding
any other provision in this Act concerning | ||||||
21 | the time within which a retailer may file his return,
in the | ||||||
22 | case of any retailer who ceases to engage in a kind of
business | ||||||
23 | which makes him responsible for filing returns under
this Act, | ||||||
24 | such retailer shall file a final return under this Act
with the | ||||||
25 | Department not more than one month after discontinuing
such | ||||||
26 | business. | ||||||
27 | Where the same
person has more than one business registered | ||||||
28 | with the Department under separate registrations under
this | ||||||
29 | Act, such person may not file each return that is due
as a | ||||||
30 | single return covering all such registered businesses,
but | ||||||
31 | shall file separate returns for each such registered
business. | ||||||
32 | In addition, with
respect to motor vehicles, watercraft, | ||||||
33 | aircraft, and trailers that are required to be
registered with | ||||||
34 | an agency of this State, every retailer selling this
kind of | ||||||
35 | tangible personal property shall file, with the
Department, | ||||||
36 | upon a form to be prescribed and supplied by the
Department, a |
| |||||||
| |||||||
1 | separate return for each such item of tangible
personal | ||||||
2 | property which the retailer sells, except that if, in
the same | ||||||
3 | transaction, (i) a retailer of aircraft, watercraft,
motor | ||||||
4 | vehicles or trailers transfers more than one aircraft,
| ||||||
5 | watercraft, motor vehicle or trailer to another
aircraft, | ||||||
6 | watercraft, motor vehicle retailer or trailer retailer
for the | ||||||
7 | purpose of resale or (ii) a retailer of aircraft,
watercraft, | ||||||
8 | motor vehicles, or trailers transfers more than one
aircraft, | ||||||
9 | watercraft, motor vehicle, or trailer to a purchaser
for use as | ||||||
10 | a qualifying rolling stock as provided in Section 2-5
of this | ||||||
11 | Act, then that seller may report the transfer of all
aircraft, | ||||||
12 | watercraft, motor vehicles or trailers involved in
that | ||||||
13 | transaction to the Department on the same uniform
| ||||||
14 | invoice-transaction reporting return form. For
purposes of | ||||||
15 | this Section, "watercraft" means a Class 2, Class 3,
or Class 4 | ||||||
16 | watercraft as defined in Section 3-2 of the Boat
Registration | ||||||
17 | and Safety Act, a personal watercraft, or any boat
equipped | ||||||
18 | with an inboard motor. | ||||||
19 | Any retailer who
sells only motor vehicles, watercraft, | ||||||
20 | aircraft, or trailers that are required to be
registered with | ||||||
21 | an agency of this State, so that all retailers'
occupation tax | ||||||
22 | liability is required to be reported, and is reported,
on such | ||||||
23 | transaction reporting returns and who is not otherwise
required | ||||||
24 | to file monthly or quarterly returns, need not file
monthly or | ||||||
25 | quarterly returns. However, those retailers shall be
required | ||||||
26 | to file returns on an annual basis.
| ||||||
27 | The transaction
reporting return, in the case of motor | ||||||
28 | vehicles or trailers that are required to be
registered with an | ||||||
29 | agency of this State, shall be the same document as
the Uniform | ||||||
30 | Invoice referred to in Section 5-402 of The Illinois
Vehicle | ||||||
31 | Code and must show the name and address of the seller;
the name | ||||||
32 | and address of the purchaser; the amount of the
selling price | ||||||
33 | including the amount allowed by the retailer for
traded-in | ||||||
34 | property, if any; the amount allowed by the retailer
for the | ||||||
35 | traded-in tangible personal property, if any, to the
extent to | ||||||
36 | which Section 1 of this Act allows an exemption for
the value |
| |||||||
| |||||||
1 | of traded-in property; the balance payable after
deducting such | ||||||
2 | trade-in allowance from the total selling price; the
amount of | ||||||
3 | tax due from the retailer with respect to such
transaction; the | ||||||
4 | amount of tax collected from the purchaser by the
retailer on | ||||||
5 | such transaction (or satisfactory evidence that such
tax is not | ||||||
6 | due in that particular instance, if that is claimed to
be the | ||||||
7 | fact); the place and date of the sale; a sufficient
| ||||||
8 | identification of the property sold; such other
information as | ||||||
9 | is required in Section 5-402 of The Illinois Vehicle
Code, and | ||||||
10 | such other information as the Department may
reasonably | ||||||
11 | require. | ||||||
12 | The transaction
reporting return in the case of watercraft | ||||||
13 | or aircraft must show the name and address of the
seller; the | ||||||
14 | name and address of the purchaser; the amount of the
selling | ||||||
15 | price including the amount allowed by the retailer for
| ||||||
16 | traded-in property, if any; the amount allowed by the
retailer | ||||||
17 | for the traded-in tangible personal property, if any,
to the | ||||||
18 | extent to which Section 1 of this Act allows an
exemption for | ||||||
19 | the value of traded-in property; the balance payable
after | ||||||
20 | deducting such trade-in allowance from the total
selling price; | ||||||
21 | the amount of tax due from the retailer with respect
to such | ||||||
22 | transaction; the amount of tax collected from the
purchaser by | ||||||
23 | the retailer on such transaction (or satisfactory
evidence that | ||||||
24 | such tax is not due in that particular instance, if
that is | ||||||
25 | claimed to be the fact); the place and date of the
sale, a | ||||||
26 | sufficient identification of the property sold, and
such other | ||||||
27 | information as the Department may reasonably
require. | ||||||
28 | Such transaction
reporting return shall be filed not later | ||||||
29 | than 20 days after the day of delivery of the item
that is | ||||||
30 | being sold, but may be filed by the retailer at any
time sooner | ||||||
31 | than that if he chooses to do so. The transaction
reporting | ||||||
32 | return and tax remittance or proof of exemption from
the | ||||||
33 | Illinois use tax may be transmitted to the Department
by way of | ||||||
34 | the State agency with which, or State officer with
whom the | ||||||
35 | tangible personal property must be titled or
registered (if | ||||||
36 | titling or registration is required) if the Department
and such |
| |||||||
| |||||||
1 | agency or State officer determine that this procedure
will | ||||||
2 | expedite the processing of applications for title or
| ||||||
3 | registration. | ||||||
4 | With each such
transaction reporting return, the retailer | ||||||
5 | shall remit the proper amount of tax due (or shall
submit | ||||||
6 | satisfactory evidence that the sale is not taxable if
that is | ||||||
7 | the case), to the Department or its agents, whereupon
the | ||||||
8 | Department shall issue, in the purchaser's name, a use
tax | ||||||
9 | receipt (or a certificate of exemption if the
Department is | ||||||
10 | satisfied that the particular sale is tax exempt)
which such | ||||||
11 | purchaser may submit to the agency with which, or
State officer | ||||||
12 | with whom, he must title or register the tangible
personal | ||||||
13 | property that is involved (if titling or registration
is | ||||||
14 | required) in support of such purchaser's application
for an | ||||||
15 | Illinois certificate or other evidence of title or
registration | ||||||
16 | to such tangible personal property.
| ||||||
17 | No retailer's
failure or refusal to remit tax under this | ||||||
18 | Act precludes a user, who has paid the proper tax to
the | ||||||
19 | retailer, from obtaining his certificate of title or
other | ||||||
20 | evidence of title or registration (if titling or
registration | ||||||
21 | is required) upon satisfying the Department that such
user has | ||||||
22 | paid the proper tax (if tax is due) to the retailer.
The | ||||||
23 | Department shall adopt appropriate rules to carry out
the | ||||||
24 | mandate of this paragraph. | ||||||
25 | If the user who
would otherwise pay tax to the retailer | ||||||
26 | wants the transaction reporting return filed and the
payment of | ||||||
27 | the tax or proof of exemption made to the Department
before the | ||||||
28 | retailer is willing to take these actions and such
user has not | ||||||
29 | paid the tax to the retailer, such user may certify to
the fact | ||||||
30 | of such delay by the retailer and may (upon the
Department | ||||||
31 | being satisfied of the truth of such certification)
transmit | ||||||
32 | the information required by the transaction reporting
return | ||||||
33 | and the remittance for tax or proof of exemption
directly to | ||||||
34 | the Department and obtain his tax receipt or exemption
| ||||||
35 | determination, in which event the transaction
reporting return | ||||||
36 | and tax remittance (if a tax payment was required)
shall be |
| |||||||
| |||||||
1 | credited by the Department to the proper retailer's
account | ||||||
2 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
3 | provided for in this Section being allowed. When the
user pays | ||||||
4 | the tax directly to the Department, he shall pay the
tax in the | ||||||
5 | same amount and in the same form in which it would be
remitted | ||||||
6 | if the tax had been remitted to the Department by the
retailer. | ||||||
7 | Refunds made by
the seller during the preceding return | ||||||
8 | period to purchasers, on account of tangible personal
property | ||||||
9 | returned to the seller, shall be allowed as a
deduction under | ||||||
10 | subdivision 5 of his monthly or quarterly return, as
the case | ||||||
11 | may be, in case the seller had theretofore included
the | ||||||
12 | receipts from the sale of such tangible personal
property in a | ||||||
13 | return filed by him and had paid the tax imposed by
this Act | ||||||
14 | with respect to such receipts.
| ||||||
15 | Where the seller
is a corporation, the return filed on | ||||||
16 | behalf of such corporation shall be signed by the
president, | ||||||
17 | vice-president, secretary or treasurer or by the
properly | ||||||
18 | accredited agent of such corporation.
| ||||||
19 | Where the seller
is a limited liability company, the return | ||||||
20 | filed on behalf of the limited liability company shall
be | ||||||
21 | signed by a manager, member, or properly accredited
agent of | ||||||
22 | the limited liability company.
| ||||||
23 | Except as
provided in this Section, the retailer filing the | ||||||
24 | return under this Section shall, at the time of filing
such | ||||||
25 | return, pay to the Department the amount of tax
imposed by this | ||||||
26 | Act less a discount of 2.1% prior to January 1, 1990
and 1.75% | ||||||
27 | on and after January 1, 1990, or $5 per calendar year,
| ||||||
28 | whichever is greater, which is allowed to reimburse
the | ||||||
29 | retailer for the expenses incurred in keeping records,
| ||||||
30 | preparing and filing returns, remitting the tax and
supplying | ||||||
31 | data to the Department on request. Any prepayment made
pursuant | ||||||
32 | to Section 2d of this Act shall be included in the
amount on | ||||||
33 | which such 2.1% or 1.75% discount is computed. In the
case of | ||||||
34 | retailers who report and pay the tax on a transaction
by | ||||||
35 | transaction basis, as provided in this Section, such
discount | ||||||
36 | shall be taken with each such tax remittance instead
of when |
| |||||||
| |||||||
1 | such retailer files his periodic return.
| ||||||
2 | Before October 1,
2000, if the taxpayer's average monthly | ||||||
3 | tax liability to the Department under this Act, the
Use Tax | ||||||
4 | Act, the Service Occupation Tax Act, and the Service
Use Tax | ||||||
5 | Act, excluding any liability for prepaid sales tax to
be | ||||||
6 | remitted in accordance with Section 2d of this Act,
was $10,000 | ||||||
7 | or more during the preceding 4 complete calendar
quarters, he | ||||||
8 | shall file a return with the Department each month by
the 20th | ||||||
9 | day of the month next following the month during which
such tax | ||||||
10 | liability is incurred and shall make payments to the
Department | ||||||
11 | on or before the 7th, 15th, 22nd and last day of the
month | ||||||
12 | during which such liability is incurred. On and after
October | ||||||
13 | 1, 2000, if the taxpayer's average monthly tax
liability to the | ||||||
14 | Department under this Act, the Use Tax Act, the
Service | ||||||
15 | Occupation Tax Act, and the Service Use Tax Act,
excluding any | ||||||
16 | liability for prepaid sales tax to be remitted in
accordance | ||||||
17 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
18 | preceding 4 complete calendar quarters, he shall file
a return | ||||||
19 | with the Department each month by the 20th day of the
month | ||||||
20 | next following the month during which such tax
liability is | ||||||
21 | incurred and shall make payment to the Department on
or before | ||||||
22 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
23 | liability is incurred. If the month during which such
tax | ||||||
24 | liability is incurred began prior to January 1, 1985,
each | ||||||
25 | payment shall be in an amount equal to 1/4 of the
taxpayer's | ||||||
26 | actual liability for the month or an amount set by the
| ||||||
27 | Department not to exceed 1/4 of the average monthly
liability | ||||||
28 | of the taxpayer to the Department for the preceding 4
complete | ||||||
29 | calendar quarters (excluding the month of highest
liability and | ||||||
30 | the month of lowest liability in such 4 quarter
period). If the | ||||||
31 | month during which such tax liability is incurred
begins on or | ||||||
32 | after January 1, 1985 and prior to January 1, 1987,
each | ||||||
33 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
34 | actual liability for the month or 27.5% of the
taxpayer's | ||||||
35 | liability for the same calendar month of the preceding
year. If | ||||||
36 | the month during which such tax liability is incurred
begins on |
| |||||||
| |||||||
1 | or after January 1, 1987 and prior to January 1, 1988,
each | ||||||
2 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
3 | actual liability for the month or 26.25% of the
taxpayer's | ||||||
4 | liability for the same calendar month of the preceding
year. If | ||||||
5 | the month during which such tax liability is incurred
begins on | ||||||
6 | or after January 1, 1988, and prior to January 1,
1989, or | ||||||
7 | begins on or after January 1, 1996, each payment shall
be in an | ||||||
8 | amount equal to 22.5% of the taxpayer's actual
liability for | ||||||
9 | the month or 25% of the taxpayer's liability for the
same | ||||||
10 | calendar month of the preceding year. If the month
during which | ||||||
11 | such tax liability is incurred begins on or after
January 1, | ||||||
12 | 1989, and prior to January 1, 1996, each payment shall
be in an | ||||||
13 | amount equal to 22.5% of the taxpayer's actual
liability for | ||||||
14 | the month or 25% of the taxpayer's liability for the
same | ||||||
15 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
16 | actual liability for the quarter monthly reporting
period. The | ||||||
17 | amount of such quarter monthly payments shall be
credited | ||||||
18 | against the final tax liability of the taxpayer's
return for | ||||||
19 | that month. Before October 1, 2000, once applicable,
the | ||||||
20 | requirement of the making of quarter monthly payments
to the | ||||||
21 | Department by taxpayers having an average monthly tax
liability | ||||||
22 | of $10,000 or more as determined in the manner
provided above | ||||||
23 | shall continue until such taxpayer's average monthly
liability | ||||||
24 | to the Department during the preceding 4 complete
calendar | ||||||
25 | quarters (excluding the month of highest liability and
the | ||||||
26 | month of lowest liability) is less than $9,000, or
until such | ||||||
27 | taxpayer's average monthly liability to the Department
as | ||||||
28 | computed for each calendar quarter of the 4 preceding
complete | ||||||
29 | calendar quarter period is less than $10,000. However,
if a | ||||||
30 | taxpayer can show the Department that a substantial
change in | ||||||
31 | the taxpayer's business has occurred which causes the
taxpayer | ||||||
32 | to anticipate that his average monthly tax liability
for the | ||||||
33 | reasonably foreseeable future will fall below the
$10,000 | ||||||
34 | threshold stated above, then such taxpayer may
petition the | ||||||
35 | Department for a change in such taxpayer's reporting
status. On | ||||||
36 | and after October 1, 2000, once applicable, the
requirement of |
| |||||||
| |||||||
1 | the making of quarter monthly payments to the
Department by | ||||||
2 | taxpayers having an average monthly tax liability of
$20,000 or | ||||||
3 | more as determined in the manner provided above shall
continue | ||||||
4 | until such taxpayer's average monthly liability to the
| ||||||
5 | Department during the preceding 4 complete calendar
quarters | ||||||
6 | (excluding the month of highest liability and the
month of | ||||||
7 | lowest liability) is less than $19,000 or until such
taxpayer's | ||||||
8 | average monthly liability to the Department as
computed for | ||||||
9 | each calendar quarter of the 4 preceding complete
calendar | ||||||
10 | quarter period is less than $20,000. However, if a
taxpayer can | ||||||
11 | show the Department that a substantial change in the
taxpayer's | ||||||
12 | business has occurred which causes the taxpayer to
anticipate | ||||||
13 | that his average monthly tax liability for the
reasonably | ||||||
14 | foreseeable future will fall below the $20,000
threshold stated | ||||||
15 | above, then such taxpayer may petition the Department
for a | ||||||
16 | change in such taxpayer's reporting status. The
Department | ||||||
17 | shall change such taxpayer's reporting status unless
it finds | ||||||
18 | that such change is seasonal in nature and not likely
to be | ||||||
19 | long term. If any such quarter monthly payment is not
paid at | ||||||
20 | the time or in the amount required by this Section,
then the | ||||||
21 | taxpayer shall be liable for penalties and interest on
the | ||||||
22 | difference between the minimum amount due as a payment
and the | ||||||
23 | amount of such quarter monthly payment actually and
timely | ||||||
24 | paid, except insofar as the taxpayer has previously
made | ||||||
25 | payments for that month to the Department in excess of
the | ||||||
26 | minimum payments previously due as provided in this
Section. | ||||||
27 | The Department shall make reasonable rules and
regulations to | ||||||
28 | govern the quarter monthly payment amount and quarter
monthly | ||||||
29 | payment dates for taxpayers who file on other than a
calendar | ||||||
30 | monthly basis. | ||||||
31 | The provisions of
this paragraph apply before October 1, | ||||||
32 | 2001. Without regard to whether a taxpayer is required
to make | ||||||
33 | quarter monthly payments as specified above, any
taxpayer who | ||||||
34 | is required by Section 2d of this Act to collect and
remit | ||||||
35 | prepaid taxes and has collected prepaid taxes which
average in | ||||||
36 | excess of $25,000 per month during the preceding 2
complete |
| |||||||
| |||||||
1 | calendar quarters, shall file a return with the
Department as | ||||||
2 | required by Section 2f and shall make payments to the
| ||||||
3 | Department on or before the 7th, 15th, 22nd and last
day of the | ||||||
4 | month during which such liability is incurred. If the
month | ||||||
5 | during which such tax liability is incurred began
prior to the | ||||||
6 | effective date of this amendatory Act of 1985, each
payment | ||||||
7 | shall be in an amount not less than 22.5% of the
taxpayer's | ||||||
8 | actual liability under Section 2d. If the month during
which | ||||||
9 | such tax liability is incurred begins on or after
January 1, | ||||||
10 | 1986, each payment shall be in an amount equal to
22.5% of the | ||||||
11 | taxpayer's actual liability for the month or 27.5% of
the | ||||||
12 | taxpayer's liability for the same calendar month of
the | ||||||
13 | preceding calendar year. If the month during which
such tax | ||||||
14 | liability is incurred begins on or after January 1,
1987, each | ||||||
15 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
16 | actual liability for the month or 26.25% of the
taxpayer's | ||||||
17 | liability for the same calendar month of the preceding
year. | ||||||
18 | The amount of such quarter monthly payments shall be
credited | ||||||
19 | against the final tax liability of the taxpayer's
return for | ||||||
20 | that month filed under this Section or Section 2f, as
the case | ||||||
21 | may be. Once applicable, the requirement of the making
of | ||||||
22 | quarter monthly payments to the Department pursuant to
this | ||||||
23 | paragraph shall continue until such taxpayer's average
monthly | ||||||
24 | prepaid tax collections during the preceding 2
complete | ||||||
25 | calendar quarters is $25,000 or less. If any such
quarter | ||||||
26 | monthly payment is not paid at the time or in the
amount | ||||||
27 | required, the taxpayer shall be liable for penalties
and | ||||||
28 | interest on such difference, except insofar as the
taxpayer has | ||||||
29 | previously made payments for that month in excess of
the | ||||||
30 | minimum payments previously due.
| ||||||
31 | The provisions of
this paragraph apply on and after October | ||||||
32 | 1, 2001. Without regard to whether a taxpayer is
required to | ||||||
33 | make quarter monthly payments as specified above, any
taxpayer | ||||||
34 | who is required by Section 2d of this Act to collect
and remit | ||||||
35 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
36 | excess of $20,000 per month during the preceding 4
complete |
| |||||||
| |||||||
1 | calendar quarters shall file a return with the
Department as | ||||||
2 | required by Section 2f and shall make payments to the
| ||||||
3 | Department on or before the 7th, 15th, 22nd and last
day of the | ||||||
4 | month during which the liability is incurred. Each
payment | ||||||
5 | shall be in an amount equal to 22.5% of the taxpayer's
actual | ||||||
6 | liability for the month or 25% of the taxpayer's
liability for | ||||||
7 | the same calendar month of the preceding year. The
amount of | ||||||
8 | the quarter monthly payments shall be credited against
the | ||||||
9 | final tax liability of the taxpayer's return for that
month | ||||||
10 | filed under this Section or Section 2f, as the case
may be. | ||||||
11 | Once applicable, the requirement of the making of
quarter | ||||||
12 | monthly payments to the Department pursuant to this
paragraph | ||||||
13 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
14 | collections during the preceding 4 complete calendar
quarters | ||||||
15 | (excluding the month of highest liability and the
month of | ||||||
16 | lowest liability) is less than $19,000 or until such
taxpayer's | ||||||
17 | average monthly liability to the Department as
computed for | ||||||
18 | each calendar quarter of the 4 preceding complete
calendar | ||||||
19 | quarters is less than $20,000. If any such quarter
monthly | ||||||
20 | payment is not paid at the time or in the amount
required, the | ||||||
21 | taxpayer shall be liable for penalties and interest on
such | ||||||
22 | difference, except insofar as the taxpayer has
previously made | ||||||
23 | payments for that month in excess of the minimum
payments | ||||||
24 | previously due. | ||||||
25 | If any payment
provided for in this Section exceeds the | ||||||
26 | taxpayer's liabilities under this Act, the Use Tax
Act, the | ||||||
27 | Service Occupation Tax Act and the Service Use Tax
Act, as | ||||||
28 | shown on an original monthly return, the Department
shall, if | ||||||
29 | requested by the taxpayer, issue to the taxpayer a
credit | ||||||
30 | memorandum no later than 30 days after the date of
payment. The | ||||||
31 | credit evidenced by such credit memorandum may be
assigned by | ||||||
32 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
33 | Act, the Service Occupation Tax Act or the Service Use
Tax Act, | ||||||
34 | in accordance with reasonable rules and regulations to
be | ||||||
35 | prescribed by the Department. If no such request is
made, the | ||||||
36 | taxpayer may credit such excess payment against tax
liability |
| |||||||
| |||||||
1 | subsequently to be remitted to the Department under
this Act, | ||||||
2 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
3 | Use Tax Act, in accordance with reasonable rules and
| ||||||
4 | regulations prescribed by the Department. If the
Department | ||||||
5 | subsequently determined that all or any part of the
credit | ||||||
6 | taken was not actually due to the taxpayer, the
taxpayer's 2.1% | ||||||
7 | and 1.75% vendor's discount shall be reduced by 2.1%
or 1.75% | ||||||
8 | of the difference between the credit taken and that
actually | ||||||
9 | due, and that taxpayer shall be liable for penalties
and | ||||||
10 | interest on such difference.
| ||||||
11 | If a retailer of
motor fuel is entitled to a credit under | ||||||
12 | Section 2d of this Act which exceeds the taxpayer's
liability | ||||||
13 | to the Department under this Act for the month which
the | ||||||
14 | taxpayer is filing a return, the Department shall
issue the | ||||||
15 | taxpayer a credit memorandum for the
excess. | ||||||
16 | Beginning January
1, 1990, each month the Department shall | ||||||
17 | pay into the Local Government Tax Fund, a special fund
in the | ||||||
18 | State treasury which is hereby created, the net
revenue | ||||||
19 | realized for the preceding month from the 1% tax on
sales of | ||||||
20 | food for human consumption which is to be consumed off
the | ||||||
21 | premises where it is sold (other than alcoholic
beverages, soft | ||||||
22 | drinks and food which has been prepared for immediate
| ||||||
23 | consumption) and prescription and nonprescription
medicines, | ||||||
24 | drugs, medical appliances and insulin, urine testing
| ||||||
25 | materials, syringes and needles used by
diabetics. | ||||||
26 | Beginning January
1, 1990, each month the Department shall | ||||||
27 | pay into the County and Mass Transit District Fund, a
special | ||||||
28 | fund in the State treasury which is hereby created, 4%
of the | ||||||
29 | net revenue realized for the preceding month from the
6.25% | ||||||
30 | general rate. | ||||||
31 | Beginning August
1, 2000, each month the Department shall | ||||||
32 | pay into the County and Mass Transit District Fund 20%
of the | ||||||
33 | net revenue realized for the preceding month from the
1.25% | ||||||
34 | rate on the selling price of motor fuel and
gasohol. | ||||||
35 | Beginning January
1, 1990, each month the Department shall | ||||||
36 | pay into the Local Government Tax Fund 16% of the net
revenue |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | realized for the preceding month from the 6.25%
general rate on | |||||||||||||||||||||||||||||||||||||
2 | the selling price of tangible personal
property. | |||||||||||||||||||||||||||||||||||||
3 | Beginning August
1, 2000, each month the Department shall | |||||||||||||||||||||||||||||||||||||
4 | pay into the Local Government Tax Fund 80% of the net
revenue | |||||||||||||||||||||||||||||||||||||
5 | realized for the preceding month from the 1.25% rate
on the | |||||||||||||||||||||||||||||||||||||
6 | selling price of motor fuel and gasohol.
| |||||||||||||||||||||||||||||||||||||
7 | Of the remainder
of the moneys received by the Department | |||||||||||||||||||||||||||||||||||||
8 | pursuant to this Act, (a) 1.75% thereof shall be paid
into the | |||||||||||||||||||||||||||||||||||||
9 | Build Illinois Fund and (b) prior to July 1, 1989,
2.2% and on | |||||||||||||||||||||||||||||||||||||
10 | and after July 1, 1989, 3.8% thereof shall be paid
into the | |||||||||||||||||||||||||||||||||||||
11 | Build Illinois Fund; provided, however, that if in any
fiscal | |||||||||||||||||||||||||||||||||||||
12 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||||||||||||||||||||||||||
13 | may be, of the moneys received by the Department and
required | |||||||||||||||||||||||||||||||||||||
14 | to be paid into the Build Illinois Fund pursuant to
this Act, | |||||||||||||||||||||||||||||||||||||
15 | Section 9 of the Use Tax Act, Section 9 of the Service
Use Tax | |||||||||||||||||||||||||||||||||||||
16 | Act, and Section 9 of the Service Occupation Tax Act,
such Acts | |||||||||||||||||||||||||||||||||||||
17 | being hereinafter called the "Tax Acts" and such
aggregate of | |||||||||||||||||||||||||||||||||||||
18 | 2.2% or 3.8%, as the case may be, of moneys being
hereinafter | |||||||||||||||||||||||||||||||||||||
19 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||||||
20 | the Build Illinois Fund from the State and Local Sales
Tax | |||||||||||||||||||||||||||||||||||||
21 | Reform Fund shall be less than the Annual Specified
Amount (as | |||||||||||||||||||||||||||||||||||||
22 | hereinafter defined), an amount equal to the
difference shall | |||||||||||||||||||||||||||||||||||||
23 | be immediately paid into the Build Illinois Fund from
other | |||||||||||||||||||||||||||||||||||||
24 | moneys received by the Department pursuant to the Tax
Acts; the | |||||||||||||||||||||||||||||||||||||
25 | "Annual Specified Amount" means the amounts specified
below for | |||||||||||||||||||||||||||||||||||||
26 | fiscal years 1986 through 1993:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
36 | and means the Certified Annual Debt Service
Requirement (as |
| |||||||
| |||||||
1 | defined in Section 13 of the Build Illinois Bond Act)
or the | ||||||
2 | Tax Act Amount, whichever is greater, for fiscal year
1994 and | ||||||
3 | each fiscal year thereafter; and further provided,
that if on | ||||||
4 | the last business day of any month the sum of (1) the
Tax Act | ||||||
5 | Amount required to be deposited into the Build
Illinois Bond | ||||||
6 | Account in the Build Illinois Fund during such month
and (2) | ||||||
7 | the amount transferred to the Build Illinois Fund from
the | ||||||
8 | State and Local Sales Tax Reform Fund shall have been
less than | ||||||
9 | 1/12 of the Annual Specified Amount, an amount equal
to the | ||||||
10 | difference shall be immediately paid into the Build
Illinois | ||||||
11 | Fund from other moneys received by the Department
pursuant to | ||||||
12 | the Tax Acts; and, further provided, that in no event
shall the | ||||||
13 | payments required under the preceding proviso result
in | ||||||
14 | aggregate payments into the Build Illinois Fund
pursuant to | ||||||
15 | this clause (b) for any fiscal year in excess of the
greater of | ||||||
16 | (i) the Tax Act Amount or (ii) the Annual Specified
Amount for | ||||||
17 | such fiscal year. The amounts payable into the Build
Illinois | ||||||
18 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
19 | shall be payable only until such time as the aggregate
amount | ||||||
20 | on deposit under each trust indenture securing Bonds
issued and | ||||||
21 | outstanding pursuant to the Build Illinois Bond Act is
| ||||||
22 | sufficient, taking into account any future investment
income, | ||||||
23 | to fully provide, in accordance with such indenture,
for the | ||||||
24 | defeasance of or the payment of the principal of,
premium, if | ||||||
25 | any, and interest on the Bonds secured by such
indenture and on | ||||||
26 | any Bonds expected to be issued thereafter and all
fees and | ||||||
27 | costs payable with respect thereto, all as certified
by the | ||||||
28 | Director of the Bureau of the Budget
(now Governor's Office of | ||||||
29 | Management and Budget) . If on the
last business day of any | ||||||
30 | month in which Bonds are outstanding pursuant to the
Build | ||||||
31 | Illinois Bond Act, the aggregate of moneys deposited
in the | ||||||
32 | Build Illinois Bond Account in the Build Illinois Fund
in such | ||||||
33 | month shall be less than the amount required to be
transferred | ||||||
34 | in such month from the Build Illinois Bond Account to
the Build | ||||||
35 | Illinois Bond Retirement and Interest Fund pursuant to
Section | ||||||
36 | 13 of the Build Illinois Bond Act, an amount equal to
such |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | deficiency shall be immediately paid from other moneys
received | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | by the Department pursuant to the Tax Acts to the
Build | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Illinois Fund; provided, however, that any amounts
paid to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Build Illinois Fund in any fiscal year pursuant to
this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | sentence shall be deemed to constitute payments
pursuant to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | clause (b) of the first sentence of this paragraph and
shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | reduce the amount otherwise payable for such fiscal
year | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | pursuant to that clause (b). The moneys received by
the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Department pursuant to this Act and required to be
deposited | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | into the Build Illinois Fund are subject to the
pledge, claim | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | and charge set forth in Section 12 of the Build
Illinois Bond | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Subject to
payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | as provided in the preceding paragraph or in any
amendment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | thereto hereafter enacted, the following specified
monthly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | installment of the amount requested in the certificate
of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | provided under Section 8.25f of the State Finance Act,
but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | in excess of sums designated as "Total Deposit", shall
be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | deposited in the aggregate from collections under
Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | the Use Tax Act, Section 9 of the Service Use Tax Act,
Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 9 of the Service Occupation Tax Act, and Section 3 of
the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Expansion Project Fund in the specified fiscal
years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | Beginning July
20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | year thereafter, one-eighth of the amount requested in
the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | certificate of the Chairman of the Metropolitan Pier
and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | Exposition Authority for that fiscal year, less the
amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | deposited into the McCormick Place Expansion Project
Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | the State Treasurer in the respective month under
subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
35 | (g) of Section 13 of the Metropolitan Pier and
Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
36 | Authority Act, plus cumulative deficiencies in the
deposits |
| |||||||
| |||||||
1 | required under this Section for previous months and
years, | ||||||
2 | shall be deposited into the McCormick Place Expansion
Project | ||||||
3 | Fund, until the full amount requested for the fiscal
year, but | ||||||
4 | not in excess of the amount specified above as "Total
Deposit", | ||||||
5 | has been deposited. | ||||||
6 | Subject to
payment of amounts into the Build Illinois Fund | ||||||
7 | and the McCormick Place Expansion Project Fund
pursuant to the | ||||||
8 | preceding paragraphs or in any amendments thereto
hereafter | ||||||
9 | enacted, beginning July 1, 1993, the Department shall
each | ||||||
10 | month pay into the Illinois Tax Increment Fund 0.27%
of 80% of | ||||||
11 | the net revenue realized for the preceding month from
the 6.25% | ||||||
12 | general rate on the selling price of tangible personal
| ||||||
13 | property. | ||||||
14 | Subject to
payment of amounts into the Build Illinois Fund | ||||||
15 | and the McCormick Place Expansion Project Fund
pursuant to the | ||||||
16 | preceding paragraphs or in any amendments thereto
hereafter | ||||||
17 | enacted, beginning with the receipt of the first
report of | ||||||
18 | taxes paid by an eligible business and continuing for
a 25-year | ||||||
19 | period, the Department shall each month pay into the
Energy | ||||||
20 | Infrastructure Fund 80% of the net revenue realized
from the | ||||||
21 | 6.25% general rate on the selling price of
Illinois-mined coal | ||||||
22 | that was sold to an eligible business. For purposes of
this | ||||||
23 | paragraph, the term "eligible business" means a new
electric | ||||||
24 | generating facility certified pursuant to Section
605-332 of | ||||||
25 | the Department of Commerce and
Economic Opportunity
Community | ||||||
26 | Affairs Law of the Civil
Administrative Code of Illinois. | ||||||
27 | Of the remainder
of the moneys received by the Department | ||||||
28 | pursuant to this Act, 75% thereof shall be paid into
the State | ||||||
29 | Treasury and 25% shall be reserved in a special
account and | ||||||
30 | used only for the transfer to the Common School Fund
as part of | ||||||
31 | the monthly transfer from the General Revenue Fund in
| ||||||
32 | accordance with Section 8a of the State Finance
Act. | ||||||
33 | The Department
may, upon separate written notice to a | ||||||
34 | taxpayer, require the taxpayer to prepare and file
with the | ||||||
35 | Department on a form prescribed by the Department
within not | ||||||
36 | less than 60 days after receipt of the notice an
annual |
| |||||||
| |||||||
1 | information return for the tax year specified in the
notice. | ||||||
2 | Such annual return to the Department shall include a
statement | ||||||
3 | of gross receipts as shown by the retailer's last
Federal | ||||||
4 | income tax return. If the total receipts of the
business as | ||||||
5 | reported in the Federal income tax return do not agree
with the | ||||||
6 | gross receipts reported to the Department of Revenue
for the | ||||||
7 | same period, the retailer shall attach to his annual
return a | ||||||
8 | schedule showing a reconciliation of the 2 amounts and
the | ||||||
9 | reasons for the difference. The retailer's annual
return to the | ||||||
10 | Department shall also disclose the cost of goods sold
by the | ||||||
11 | retailer during the year covered by such return,
opening and | ||||||
12 | closing inventories of such goods for such year, costs
of goods | ||||||
13 | used from stock or taken from stock and given away by
the | ||||||
14 | retailer during such year, payroll information of the
| ||||||
15 | retailer's business during such year and any
additional | ||||||
16 | reasonable information which the Department deems
would be | ||||||
17 | helpful in determining the accuracy of the monthly,
quarterly | ||||||
18 | or annual returns filed by such retailer as provided
for in | ||||||
19 | this Section. | ||||||
20 | If the annual
information return required by this Section | ||||||
21 | is not filed when and as required, the taxpayer shall
be liable | ||||||
22 | as follows:
| ||||||
23 | (i)
Until January 1, 1994, the taxpayer shall be liable | ||||||
24 | for a penalty equal to 1/6 of
1% of the tax due from such | ||||||
25 | taxpayer under this Act during
the period to be covered by | ||||||
26 | the annual return for each
month or fraction of a month | ||||||
27 | until such return is filed as
required, the penalty to be | ||||||
28 | assessed and collected in the
same manner as any other | ||||||
29 | penalty provided for in this
Act.
| ||||||
30 | (ii)
On and after January 1, 1994, the taxpayer shall | ||||||
31 | be liable for a penalty as
described in Section 3-4 of the | ||||||
32 | Uniform Penalty and Interest
Act. | ||||||
33 | The chief
executive officer, proprietor, owner or highest | ||||||
34 | ranking manager shall sign the annual return to
certify the | ||||||
35 | accuracy of the information contained therein. Any
person who | ||||||
36 | willfully signs the annual return containing false or
|
| |||||||
| |||||||
1 | inaccurate information shall be guilty of perjury and
punished | ||||||
2 | accordingly. The annual return form prescribed by the
| ||||||
3 | Department shall include a warning that the person
signing the | ||||||
4 | return may be liable for perjury.
| ||||||
5 | The provisions of
this Section concerning the filing of an | ||||||
6 | annual information return do not apply to a retailer
who is not | ||||||
7 | required to file an income tax return with the United
States | ||||||
8 | Government. | ||||||
9 | As soon as
possible after the first day of each month, upon | ||||||
10 | certification of the Department of Revenue, the
Comptroller | ||||||
11 | shall order transferred and the Treasurer shall
transfer from | ||||||
12 | the General Revenue Fund to the Motor Fuel Tax Fund an
amount | ||||||
13 | equal to 1.7% of 80% of the net revenue realized under
this Act | ||||||
14 | for the second preceding month. Beginning April 1,
2000, this | ||||||
15 | transfer is no longer required and shall not be
made. | ||||||
16 | Net revenue
realized for a month shall be the revenue | ||||||
17 | collected by the State pursuant to this Act, less the
amount | ||||||
18 | paid out during that month as refunds to taxpayers for
| ||||||
19 | overpayment of liability. | ||||||
20 | For greater
simplicity of administration, manufacturers, | ||||||
21 | importers and wholesalers whose products are sold at
retail in | ||||||
22 | Illinois by numerous retailers, and who wish to do so,
may | ||||||
23 | assume the responsibility for accounting and paying to
the | ||||||
24 | Department all tax accruing under this Act with
respect to such | ||||||
25 | sales, if the retailers who are affected do not make
written | ||||||
26 | objection to the Department to this
arrangement. | ||||||
27 | Any person who
promotes, organizes, provides retail | ||||||
28 | selling space for concessionaires or other types of
sellers at | ||||||
29 | the Illinois State Fair, DuQuoin State Fair, county
fairs, | ||||||
30 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
31 | events, including any transient merchant as defined by
Section | ||||||
32 | 2 of the Transient Merchant Act of 1987, is required
to file a | ||||||
33 | report with the Department providing the name of the
merchant's | ||||||
34 | business, the name of the person or persons engaged in
| ||||||
35 | merchant's business, the permanent address and
Illinois | ||||||
36 | Retailers Occupation Tax Registration Number of the
merchant, |
| |||||||
| |||||||
1 | the dates and location of the event and other
reasonable | ||||||
2 | information that the Department may require. The
report must be | ||||||
3 | filed not later than the 20th day of the month next
following | ||||||
4 | the month during which the event with retail sales was
held. | ||||||
5 | Any person who fails to file a report required by this
Section | ||||||
6 | commits a business offense and is subject to a fine
not to | ||||||
7 | exceed $250. | ||||||
8 | Any person
engaged in the business of selling tangible | ||||||
9 | personal property at retail as a concessionaire or
other type | ||||||
10 | of seller at the Illinois State Fair, county fairs,
art shows, | ||||||
11 | flea markets and similar exhibitions or events, or any
| ||||||
12 | transient merchants, as defined by Section 2 of the
Transient | ||||||
13 | Merchant Act of 1987, may be required to make a daily
report of | ||||||
14 | the amount of such sales to the Department and to make
a daily | ||||||
15 | payment of the full amount of tax due. The Department
shall | ||||||
16 | impose this requirement when it finds that there is a
| ||||||
17 | significant risk of loss of revenue to the State at
such an | ||||||
18 | exhibition or event. Such a finding shall be based on
evidence | ||||||
19 | that a substantial number of concessionaires or other
sellers | ||||||
20 | who are not residents of Illinois will be engaging in
the | ||||||
21 | business of selling tangible personal property at
retail at the | ||||||
22 | exhibition or event, or other evidence of a
significant risk of | ||||||
23 | loss of revenue to the State. The Department shall
notify | ||||||
24 | concessionaires and other sellers affected by the
imposition of | ||||||
25 | this requirement. In the absence of notification by
the | ||||||
26 | Department, the concessionaires and other sellers
shall file | ||||||
27 | their returns as otherwise required in this
Section. | ||||||
28 | (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01;
92-208, | ||||||
29 | eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff.
1-1-02; 92-600, | ||||||
30 | eff. 6-28-02; 92-651, eff. 7-11-02; 93-22, eff.
6-20-03; 93-24, | ||||||
31 | eff. 6-20-03; revised
10-15-03 .) | ||||||
32 | Section 160.
The Property Tax Code is amended by changing | ||||||
33 | Sections 15-25, 15-55, 16-190, 18-177, and 18-185 and
setting | ||||||
34 | forth and renumbering multiple versions of Section
18-92 as | ||||||
35 | follows:
|
| |||||||
| |||||||
1 | (35 ILCS
200/15-25)
| ||||||
2 | Sec. 15-25.
Removal of exemptions. If the Department
| ||||||
3 | determines that any property has been unlawfully
exempted from | ||||||
4 | taxation, or is no longer entitled to exemption, the
Department | ||||||
5 | shall, before January 1 of any year, direct the chief
county | ||||||
6 | assessment officer to assess the property and return
it to the | ||||||
7 | assessment rolls for the next assessment year. The
Department | ||||||
8 | shall give notice of its decision to the owner of the
property | ||||||
9 | by certified mail. The decision shall be subject to
review and | ||||||
10 | hearing under Section 8-35, upon application by the
owner filed | ||||||
11 | within 60 days after the notice of decision is mailed.
However, | ||||||
12 | the extension of taxes on the assessment shall not be
delayed | ||||||
13 | by any proceedings under this Section. If the property
is | ||||||
14 | determined to be exempt, any taxes extended upon the
assessment | ||||||
15 | shall be abated or, if already paid, be
refunded. | ||||||
16 | (Source: P.A. 92-651, eff. 7-11-02; 92-658, eff.
7-16-02; | ||||||
17 | revised 7-26-02.) | ||||||
18 | (35 ILCS
200/15-55)
| ||||||
19 | Sec. 15-55.
State property.
| ||||||
20 | (a) All property
belonging to the State of Illinois is | ||||||
21 | exempt. However, the State agency holding title shall
file the | ||||||
22 | certificate of ownership and use required by Section
15-10, | ||||||
23 | together with a copy of any written lease or
agreement, in | ||||||
24 | effect on March 30 of the assessment year, concerning
parcels | ||||||
25 | of 1 acre or more, or an explanation of the terms of
any oral | ||||||
26 | agreement under which the property is leased,
subleased or | ||||||
27 | rented. | ||||||
28 | The leased
property shall be assessed to the lessee and the | ||||||
29 | taxes thereon extended and billed to the lessee, and
collected | ||||||
30 | in the same manner as for property which is not
exempt. The | ||||||
31 | lessee shall be liable for the taxes and no lien shall
attach | ||||||
32 | to the property of the State.
| ||||||
33 | For the purposes
of this Section, the word "leases" | ||||||
34 | includes licenses, franchises, operating agreements
and other |
| |||||||
| |||||||
1 | arrangements under which private individuals,
associations or | ||||||
2 | corporations are granted the right to use property of
the | ||||||
3 | Illinois State Toll Highway Authority and includes all
property | ||||||
4 | of the Authority used by others without regard to the
size of | ||||||
5 | the leased parcel. | ||||||
6 | (b) However, all
property of every kind belonging to the | ||||||
7 | State of Illinois, which is or may hereafter be leased
to the | ||||||
8 | Illinois Prairie Path Corporation, shall be exempt
from all | ||||||
9 | assessments, taxation or collection, despite the
making of any | ||||||
10 | such lease, if it is used for:
| ||||||
11 | (1)
conservation, nature trail or any other | ||||||
12 | charitable, scientific,
educational or recreational | ||||||
13 | purposes with public benefit,
including the preserving and | ||||||
14 | aiding in the preservation of
natural areas, objects, | ||||||
15 | flora, fauna or biotic
communities;
| ||||||
16 | (2)
the establishment of footpaths, trails and other | ||||||
17 | protected areas;
| ||||||
18 | (3)
the conservation of the proper use of natural | ||||||
19 | resources or the promotion of
the study of plant and animal | ||||||
20 | communities and of other
phases of ecology, natural history | ||||||
21 | and conservation;
| ||||||
22 | (4)
the promotion of education in the fields of nature, | ||||||
23 | preservation and conservation;
or
| ||||||
24 | (5)
similar public recreational activities conducted | ||||||
25 | by the Illinois Prairie Path
Corporation. | ||||||
26 | No lien shall
attach to the property of the State. No tax | ||||||
27 | liability shall become the obligation of or be
enforceable | ||||||
28 | against Illinois Prairie Path
Corporation. | ||||||
29 | (c) If the State
sells the James R. Thompson Center or the | ||||||
30 | Elgin Mental Health Center and surrounding land
located at 750 | ||||||
31 | S. State Street, Elgin, Illinois, as provided in
subdivision | ||||||
32 | (a)(2) of Section 7.4 of the State Property Control
Act, to | ||||||
33 | another entity whose property is not exempt and
immediately | ||||||
34 | thereafter enters into a leaseback or other agreement
that | ||||||
35 | directly or indirectly gives the State a right to use,
control, | ||||||
36 | and possess the property, that portion of the property
leased |
| |||||||
| |||||||
1 | and occupied exclusively by the State shall remain
exempt under | ||||||
2 | this Section. For the property to remain exempt under
this | ||||||
3 | subsection (c), the State must retain an option to
purchase the | ||||||
4 | property at a future date or, within the limitations
period for | ||||||
5 | reverters, the property must revert back to the
State. | ||||||
6 | If the property
has been conveyed as described in this | ||||||
7 | subsection (c), the property is no longer exempt
pursuant to | ||||||
8 | this Section as of the date when:
| ||||||
9 | (1)
the right of the State to use, control, and possess | ||||||
10 | the property has been
terminated; or
| ||||||
11 | (2)
the State no longer has an option to purchase or | ||||||
12 | otherwise acquire the property
and there is no provision | ||||||
13 | for a reverter of the property
to the State within the | ||||||
14 | limitations period for
reverters. | ||||||
15 | Pursuant to
Sections 15-15 and 15-20 of this Code, the | ||||||
16 | State shall notify the chief county assessment officer
of any | ||||||
17 | transaction under this subsection (c). The chief
county | ||||||
18 | assessment officer shall determine initial and
continuing | ||||||
19 | compliance with the requirements of this Section for
tax | ||||||
20 | exemption. Failure to notify the chief county
assessment | ||||||
21 | officer of a transaction under this subsection (c) or
to | ||||||
22 | otherwise comply with the requirements of Sections
15-15 and | ||||||
23 | 15-20 of this Code shall, in the discretion of the
chief county | ||||||
24 | assessment officer, constitute cause to terminate the
| ||||||
25 | exemption, notwithstanding any other provision of this
Code. | ||||||
26 | (c-1) If the
Illinois State Toll Highway Authority sells | ||||||
27 | the Illinois State Toll Highway Authority headquarters
| ||||||
28 | building and surrounding land, located at 2700 Ogden
Avenue, | ||||||
29 | Downers Grove, Illinois as provided in subdivision
(a)(2) of | ||||||
30 | Section 7.5 of the State Property Control Act, to
another | ||||||
31 | entity whose property is not exempt and immediately
thereafter | ||||||
32 | enters into a leaseback or other agreement that
directly or | ||||||
33 | indirectly gives the State or the Illinois State Toll
Highway | ||||||
34 | Authority a right to use, control, and possess the
property, | ||||||
35 | that portion of the property leased and occupied
exclusively by | ||||||
36 | the State or the Authority shall remain exempt under
this |
| |||||||
| |||||||
1 | Section. For the property to remain exempt under this
| ||||||
2 | subsection (c), the Authority must retain an option to
purchase | ||||||
3 | the property at a future date or, within the
limitations period | ||||||
4 | for reverters, the property must revert back to the
Authority. | ||||||
5 | If the property
has been conveyed as described in this | ||||||
6 | subsection (c), the property is no longer exempt
pursuant to | ||||||
7 | this Section as of the date when:
| ||||||
8 | (1)
the right of the State or the Authority to use, | ||||||
9 | control, and possess the
property has been terminated; or
| ||||||
10 | (2)
the Authority no longer has an option to purchase | ||||||
11 | or otherwise acquire the
property and there is no provision | ||||||
12 | for a reverter of the property
to the Authority within the | ||||||
13 | limitations period for
reverters. | ||||||
14 | Pursuant to
Sections 15-15 and 15-20 of this Code, the | ||||||
15 | Authority shall notify the chief county assessment
officer of | ||||||
16 | any transaction under this subsection (c). The chief
county | ||||||
17 | assessment officer shall determine initial and
continuing | ||||||
18 | compliance with the requirements of this Section for
tax | ||||||
19 | exemption. Failure to notify the chief county
assessment | ||||||
20 | officer of a transaction under this subsection (c) or
to | ||||||
21 | otherwise comply with the requirements of Sections
15-15 and | ||||||
22 | 15-20 of this Code shall, in the discretion of the
chief county | ||||||
23 | assessment officer, constitute cause to terminate the
| ||||||
24 | exemption, notwithstanding any other provision of this
Code. | ||||||
25 | (d)
However, The fair market rent
of each parcel of real | ||||||
26 | property in Will County owned by the State of Illinois
for the | ||||||
27 | purpose of developing an airport by the Department of
| ||||||
28 | Transportation shall include the assessed value of
leasehold | ||||||
29 | tax. The lessee of each parcel of real property in
Will County | ||||||
30 | owned by the State of Illinois for the purpose of
developing an | ||||||
31 | airport by the Department of Transportation shall not
be liable | ||||||
32 | for the taxes thereon. In order for the State to
compensate | ||||||
33 | taxing districts for the leasehold tax under this
paragraph the | ||||||
34 | Will County Supervisor of Assessments shall certify,
in | ||||||
35 | writing, to the Department of Transportation, the
amount of | ||||||
36 | leasehold taxes extended for the 2002 property tax
year for |
| |||||||
| |||||||
1 | each such exempt parcel. The Department of
Transportation shall | ||||||
2 | pay to the Will County Treasurer, from the Tax
Recovery Fund, | ||||||
3 | on or before July 1 of each year, the amount of
leasehold taxes | ||||||
4 | for each such exempt parcel as certified by the Will
County | ||||||
5 | Supervisor of Assessments. The tax compensation shall
| ||||||
6 | terminate on December 31, 2010. It is the duty of the
| ||||||
7 | Department of Transportation to file with the Office
of the | ||||||
8 | Will County Supervisor of Assessments an affidavit
stating the | ||||||
9 | termination date for rental of each such parcel due to
airport | ||||||
10 | construction. The affidavit shall include the property
| ||||||
11 | identification number for each such parcel. In no
instance | ||||||
12 | shall tax compensation for property owned by the State
be | ||||||
13 | deemed delinquent or bear interest. In no instance
shall a lien | ||||||
14 | attach to the property of the State. In no instance
shall the | ||||||
15 | State be required to pay leasehold tax compensation in
excess | ||||||
16 | of the Tax Recovery Fund's balance. | ||||||
17 | (e)
(d) Public Act 81-1026 applies
to all leases or | ||||||
18 | agreements entered into or renewed on or after
September 24, | ||||||
19 | 1979. | ||||||
20 | (Source: P.A. 93-19, eff. 6-20-03; 93-658, eff.
1-22-04; | ||||||
21 | revised 1-22-04.)
| ||||||
22 | (35 ILCS
200/16-190)
| ||||||
23 | Sec. 16-190.
Record of proceedings and orders.
| ||||||
24 | (a) The Property
Tax Appeal Board shall keep a record of | ||||||
25 | its proceedings and orders and the record shall be a
public | ||||||
26 | record. In all cases where the contesting party is
seeking a | ||||||
27 | change of $100,000 or more in assessed valuation, the
| ||||||
28 | contesting party must provide a court reporter at his
or her | ||||||
29 | own expense. The original certified transcript of such
hearing | ||||||
30 | shall be forwarded to the Springfield office of the
Property | ||||||
31 | Tax Appeal Board and shall become part of the Board's
official | ||||||
32 | record of the proceeding on appeal. Each year the
Property Tax | ||||||
33 | Appeal Board shall publish a volume containing a
synopsis of | ||||||
34 | representative cases decided by the Board during that
year. The | ||||||
35 | publication shall be organized by or cross-referenced
by the |
| |||||||
| |||||||
1 | issue presented before the Board in each case
contained in the | ||||||
2 | publication. The publication shall be available for
inspection | ||||||
3 | by the public at the Property Tax Appeal Board offices
and | ||||||
4 | copies shall be available for a reasonable cost,
except as | ||||||
5 | provided in Section 16-191. | ||||||
6 | (b) The Property
Tax Appeal Board shall provide annually, | ||||||
7 | no later than February 1, to the Governor and the
General | ||||||
8 | Assembly a report that contains for each county the
following:
| ||||||
9 | (1)
the total number of cases for commercial and | ||||||
10 | industrial property requesting
a reduction in assessed | ||||||
11 | value of $100,000 or more for
each of the last 5 years;
| ||||||
12 | (2)
the total number of cases for commercial and | ||||||
13 | industrial property decided by
the Property Tax Appeal | ||||||
14 | Board for each of the last 5
years; and
| ||||||
15 | (3)
the total change in assessed value based on the | ||||||
16 | Property Tax Appeal Board
decisions for commercial | ||||||
17 | property and industrial
property for each of the last 5 | ||||||
18 | years.
| ||||||
19 | (c) The
requirement for providing a report to the General | ||||||
20 | Assembly shall be satisfied by filing copies of the
report with | ||||||
21 | the following:
| ||||||
22 | (1)
the Speaker of the House of Representatives;
| ||||||
23 | (2)
the Minority Leader of the House of | ||||||
24 | Representatives;
| ||||||
25 | (3)
the Clerk of the House of Representatives;
| ||||||
26 | (4)
the President of the Senate;
| ||||||
27 | (5)
the Minority Leader of the Senate;
| ||||||
28 | (6)
the Secretary of the Senate;
| ||||||
29 | (7)
the Legislative Research Unit, as required by | ||||||
30 | Section 3.1 of the General
Assembly Organization Act; and
| ||||||
31 | (8)
the State Government Report Distribution Center | ||||||
32 | for the General Assembly, as
required by subsection (t) of | ||||||
33 | Section
7
320 of the State Library
Act. | ||||||
34 | (Source: P.A. 93-248, eff. 7-22-03; revised
10-9-03.)
| ||||||
35 | (35 ILCS
200/18-92)
|
| |||||||
| |||||||
1 | Sec. 18-92.
Downstate School Finance Authority for | ||||||
2 | Elementary Districts Law. The provisions of the Truth
in | ||||||
3 | Taxation Law are subject to the Downstate School
Finance | ||||||
4 | Authority for Elementary Districts Law.
| ||||||
5 | (Source: P.A. 92-855, eff. 12-6-02.)
| ||||||
6 | (35 ILCS
200/18-93)
| ||||||
7 | Sec.
18-93
18-92 . Maywood
Public Library District Tax Levy | ||||||
8 | Validation (2002) Law. The provisions of the Truth in
Taxation | ||||||
9 | Law are subject to the Maywood Public Library District
Tax Levy | ||||||
10 | Validation (2002) Law. | ||||||
11 | (Source: P.A. 92-884, eff. 1-13-03; revised
1-18-03.)
| ||||||
12 | (35 ILCS
200/18-177)
| ||||||
13 | Sec. 18-177.
Leased low-rent housing abatement. In
| ||||||
14 | counties of 3,000,000 or more inhabitants, the county
clerk | ||||||
15 | shall abate property taxes levied by any taxing
district under | ||||||
16 | this Code on property that meets the following
requirements:
| ||||||
17 | (1)
The property does not qualify as exempt
property | ||||||
18 | under Section 15-95 of this
Code.
| ||||||
19 | (2)
The property is situated in a
municipality with | ||||||
20 | 1,000,000 or more inhabitants
and improved with either a | ||||||
21 | multifamily dwelling or a
multi-building development that | ||||||
22 | is subject to a leasing
agreement, regulatory and operating | ||||||
23 | agreement, or other similar
instrument with a Housing | ||||||
24 | Authority created under the
Housing Authorities Act that | ||||||
25 | sets forth the terms for
leasing low-rent housing.
| ||||||
26 | (3)
For a period of not less than 20 years ,
the | ||||||
27 | property and improvements are
used solely for low-rent | ||||||
28 | housing and related
uses. | ||||||
29 | Property and portions of property used or intended to
be used | ||||||
30 | for commercial purposes are not eligible for the
abatement | ||||||
31 | provided in this Section. | ||||||
32 | A housing
authority created under the Housing Authorities | ||||||
33 | Act shall file annually with the county clerk for any
property | ||||||
34 | eligible for an abatement under this Section, on a
form |
| |||||||
| |||||||
1 | prescribed by the county clerk, a certificate of the
property's | ||||||
2 | use during the immediately preceding year. The
certificate | ||||||
3 | shall certify that the property or a portion of the
property | ||||||
4 | meets the requirements of this Section and that the
eligible | ||||||
5 | residential units have been inspected within the
previous 90 | ||||||
6 | days and meet or exceed all housing quality standards
of the | ||||||
7 | authority. If only a portion of the property meets
these | ||||||
8 | requirements, the certificate shall state the amount
of that | ||||||
9 | portion as a percentage of the total equalized and
assessed | ||||||
10 | value of the property. If the property is improved
with an | ||||||
11 | eligible multifamily dwelling or multi-building
development | ||||||
12 | containing residential units that are individually
assessed, | ||||||
13 | no more than 40% of those residential units may be
certified. | ||||||
14 | If the property is improved with an eligible
multifamily | ||||||
15 | dwelling or multi-building development containing
residential | ||||||
16 | units that are not individually assessed, the portion
of the | ||||||
17 | property certified shall represent no more than 40% of
those | ||||||
18 | residential units. | ||||||
19 | The county clerk
shall abate the taxes only if a | ||||||
20 | certificate of use has been timely filed for that
year. If only | ||||||
21 | a portion of the property has been certified as
eligible, the | ||||||
22 | county clerk shall abate the taxes in the percentage
so | ||||||
23 | certified. | ||||||
24 | Whenever property
receives an abatement under this | ||||||
25 | Section, the rental rate set under the lease,
regulatory and | ||||||
26 | operating agreement, or other similar instrument for
that | ||||||
27 | property shall not include property
taxes. | ||||||
28 | No property shall
be eligible for abatement under this | ||||||
29 | Section if the owner of the property has any
outstanding and | ||||||
30 | overdue debts to the municipality in which the
property is | ||||||
31 | situated. | ||||||
32 | (Source: P.A. 92-621, eff. 7-11-02; revised
11-6-02.) | ||||||
33 | (35 ILCS
200/18-185) | ||||||
34 | Sec. 18-185.
Short title; definitions. This Division 5 may
| ||||||
35 | be cited as the Property Tax Extension Limitation Law.
As used |
| |||||||
| |||||||
1 | in this Division 5:
| ||||||
2 | "Consumer Price
Index" means the Consumer Price Index for | ||||||
3 | All Urban Consumers for all items published by the
United | ||||||
4 | States Department of Labor.
| ||||||
5 | "Extension
limitation" means (a) the lesser of 5% or the | ||||||
6 | percentage increase in the Consumer Price Index during
the | ||||||
7 | 12-month calendar year preceding the levy year or (b)
the rate | ||||||
8 | of increase approved by voters under Section 18-205.
| ||||||
9 | "Affected county"
means a county of 3,000,000 or more | ||||||
10 | inhabitants or a county contiguous to a county of
3,000,000 or | ||||||
11 | more inhabitants.
| ||||||
12 | "Taxing district"
has the same meaning provided in Section | ||||||
13 | 1-150, except as otherwise provided in this Section.
For the | ||||||
14 | 1991 through 1994 levy years only, "taxing district"
includes | ||||||
15 | only each non-home rule taxing district having the
majority of | ||||||
16 | its 1990 equalized assessed value within any county or
counties | ||||||
17 | contiguous to a county with 3,000,000 or more
inhabitants. | ||||||
18 | Beginning with the 1995 levy year, "taxing district"
includes | ||||||
19 | only each non-home rule taxing district subject to
this Law | ||||||
20 | before the 1995 levy year and each non-home rule
taxing | ||||||
21 | district not subject to this Law before the 1995 levy
year | ||||||
22 | having the majority of its 1994 equalized assessed
value in an | ||||||
23 | affected county or counties. Beginning with the levy
year in | ||||||
24 | which this Law becomes applicable to a taxing district
as | ||||||
25 | provided in Section 18-213, "taxing district" also
includes | ||||||
26 | those taxing districts made subject to this Law as
provided in | ||||||
27 | Section 18-213.
| ||||||
28 | "Aggregate
extension" for taxing districts to which this | ||||||
29 | Law applied before the 1995 levy year means the annual
| ||||||
30 | corporate extension for the taxing district and those
special | ||||||
31 | purpose extensions that are made annually for the
taxing | ||||||
32 | district, excluding special purpose extensions: (a)
made for | ||||||
33 | the taxing district to pay interest or principal on
general | ||||||
34 | obligation bonds that were approved by referendum; (b)
made for | ||||||
35 | any taxing district to pay interest or principal on
general | ||||||
36 | obligation bonds issued before October 1, 1991; (c)
made for |
| |||||||
| |||||||
1 | any taxing district to pay interest or principal on
bonds | ||||||
2 | issued to refund or continue to refund those bonds
issued | ||||||
3 | before October 1, 1991; (d) made for any taxing
district to pay | ||||||
4 | interest or principal on bonds issued to refund or
continue to | ||||||
5 | refund bonds issued after October 1, 1991 that were
approved by | ||||||
6 | referendum; (e) made for any taxing district to pay
interest or | ||||||
7 | principal on revenue bonds issued before October 1,
1991 for | ||||||
8 | payment of which a property tax levy or the full faith
and | ||||||
9 | credit of the unit of local government is pledged;
however, a | ||||||
10 | tax for the payment of interest or principal on those
bonds | ||||||
11 | shall be made only after the governing body of the
unit of | ||||||
12 | local government finds that all other sources for
payment are | ||||||
13 | insufficient to make those payments; (f) made for
payments | ||||||
14 | under a building commission lease when the lease
payments are | ||||||
15 | for the retirement of bonds issued by the commission
before | ||||||
16 | October 1, 1991, to pay for the building project; (g)
made for | ||||||
17 | payments due under installment contracts entered into
before | ||||||
18 | October 1, 1991; (h) made for payments of principal
and | ||||||
19 | interest on bonds issued under the Metropolitan Water
| ||||||
20 | Reclamation District Act to finance construction
projects | ||||||
21 | initiated before October 1, 1991; (i) made for
payments of | ||||||
22 | principal and interest on limited bonds, as defined in
Section | ||||||
23 | 3 of the Local Government Debt Reform Act, in an
amount not to | ||||||
24 | exceed the debt service extension base less the amount
in items | ||||||
25 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
26 | obligations, except obligations initially issued
pursuant to | ||||||
27 | referendum; (j) made for payments of principal and
interest on | ||||||
28 | bonds issued under Section 15 of the Local Government
Debt | ||||||
29 | Reform Act; (k) made by a school district that
participates in | ||||||
30 | the Special Education District of Lake County, created
by | ||||||
31 | special education joint agreement under Section
10-22.31 of the | ||||||
32 | School Code, for payment of the school district's
share of the | ||||||
33 | amounts required to be contributed by the Special
Education | ||||||
34 | District of Lake County to the Illinois Municipal
Retirement | ||||||
35 | Fund under Article 7 of the Illinois Pension Code; the
amount | ||||||
36 | of any extension under this item (k) shall be
certified by the |
| |||||||
| |||||||
1 | school district to the county clerk; and (l) made to
fund | ||||||
2 | expenses of providing joint recreational programs for
the | ||||||
3 | handicapped under Section 5-8 of the Park District
Code or | ||||||
4 | Section 11-95-14 of the Illinois Municipal Code.
| ||||||
5 | "Aggregate
extension" for the taxing districts to which | ||||||
6 | this Law did not apply before the 1995 levy year
(except taxing | ||||||
7 | districts subject to this Law in accordance with
Section | ||||||
8 | 18-213) means the annual corporate extension for the
taxing | ||||||
9 | district and those special purpose extensions that are
made | ||||||
10 | annually for the taxing district, excluding special
purpose | ||||||
11 | extensions: (a) made for the taxing district to pay
interest or | ||||||
12 | principal on general obligation bonds that were
approved by | ||||||
13 | referendum; (b) made for any taxing district to pay
interest or | ||||||
14 | principal on general obligation bonds issued before
March 1, | ||||||
15 | 1995; (c) made for any taxing district to pay interest
or | ||||||
16 | principal on bonds issued to refund or continue to
refund those | ||||||
17 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
18 | district to pay interest or principal on bonds issued
to refund | ||||||
19 | or continue to refund bonds issued after March 1, 1995
that | ||||||
20 | were approved by referendum; (e) made for any taxing
district | ||||||
21 | to pay interest or principal on revenue bonds issued
before | ||||||
22 | March 1, 1995 for payment of which a property tax levy
or the | ||||||
23 | full faith and credit of the unit of local government
is | ||||||
24 | pledged; however, a tax for the payment of interest or
| ||||||
25 | principal on those bonds shall be made only after the
governing | ||||||
26 | body of the unit of local government finds that all
other | ||||||
27 | sources for payment are insufficient to make those
payments; | ||||||
28 | (f) made for payments under a building commission
lease when | ||||||
29 | the lease payments are for the retirement of bonds
issued by | ||||||
30 | the commission before March 1, 1995 to pay for the
building | ||||||
31 | project; (g) made for payments due under installment
contracts | ||||||
32 | entered into before March 1, 1995; (h) made for
payments of | ||||||
33 | principal and interest on bonds issued under the
Metropolitan | ||||||
34 | Water Reclamation District Act to finance construction
| ||||||
35 | projects initiated before October 1, 1991; (i) made
for | ||||||
36 | payments of principal and interest on limited bonds,
as defined |
| |||||||
| |||||||
1 | in Section 3 of the Local Government Debt Reform Act,
in an | ||||||
2 | amount not to exceed the debt service extension base
less the | ||||||
3 | amount in items (b), (c), and (e) of this definition
for | ||||||
4 | non-referendum obligations, except obligations
initially | ||||||
5 | issued pursuant to referendum and bonds described in
subsection | ||||||
6 | (h) of this definition; (j) made for payments of
principal and | ||||||
7 | interest on bonds issued under Section 15 of the Local
| ||||||
8 | Government Debt Reform Act; (k) made for payments of
principal | ||||||
9 | and interest on bonds authorized by Public Act 88-503
and | ||||||
10 | issued under Section 20a of the Chicago Park District
Act for | ||||||
11 | aquarium or museum projects; (l) made for payments of
principal | ||||||
12 | and interest on bonds authorized by Public Act 87-1191
or | ||||||
13 | 93-601 this
amendatory Act of the 93rd General Assembly and (i)
| ||||||
14 | issued pursuant to Section 21.2 of the Cook County
Forest | ||||||
15 | Preserve District Act, (ii) issued under Section 42 of
the Cook | ||||||
16 | County Forest Preserve District Act for zoological
park | ||||||
17 | projects, or (iii) issued under Section 44.1 of the
Cook County | ||||||
18 | Forest Preserve District Act for botanical gardens
projects; | ||||||
19 | (m) made pursuant to Section 34-53.5 of the School
Code, | ||||||
20 | whether levied annually or not; (n) made to fund
expenses of | ||||||
21 | providing joint recreational programs for the
handicapped | ||||||
22 | under Section 5-8 of the Park District Code or Section
11-95-14 | ||||||
23 | of the Illinois Municipal Code; and (o) made by the
Chicago | ||||||
24 | Park District for recreational programs for the
handicapped | ||||||
25 | under subsection (c) of Section 7.06 of the Chicago
Park | ||||||
26 | District Act.
| ||||||
27 | "Aggregate
extension" for all taxing districts to which | ||||||
28 | this Law applies in accordance with Section 18-213,
except for | ||||||
29 | those taxing districts subject to paragraph (2) of
subsection | ||||||
30 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
31 | the taxing district and those special purpose
extensions that | ||||||
32 | are made annually for the taxing district, excluding
special | ||||||
33 | purpose extensions: (a) made for the taxing district
to pay | ||||||
34 | interest or principal on general obligation bonds that
were | ||||||
35 | approved by referendum; (b) made for any taxing
district to pay | ||||||
36 | interest or principal on general obligation bonds
issued before |
| |||||||
| |||||||
1 | the date on which the referendum making this Law
applicable to | ||||||
2 | the taxing district is held; (c) made for any taxing
district | ||||||
3 | to pay interest or principal on bonds issued to refund
or | ||||||
4 | continue to refund those bonds issued before the date
on which | ||||||
5 | the referendum making this Law applicable to the
taxing | ||||||
6 | district is held; (d) made for any taxing district to
pay | ||||||
7 | interest or principal on bonds issued to refund or
continue to | ||||||
8 | refund bonds issued after the date on which the
referendum | ||||||
9 | making this Law applicable to the taxing district is
held if | ||||||
10 | the bonds were approved by referendum after the date
on which | ||||||
11 | the referendum making this Law applicable to the
taxing | ||||||
12 | district is held; (e) made for any taxing district to
pay | ||||||
13 | interest or principal on revenue bonds issued before
the date | ||||||
14 | on which the referendum making this Law applicable to
the | ||||||
15 | taxing district is held for payment of which a
property tax | ||||||
16 | levy or the full faith and credit of the unit of local
| ||||||
17 | government is pledged; however, a tax for the payment
of | ||||||
18 | interest or principal on those bonds shall be made
only after | ||||||
19 | the governing body of the unit of local government
finds that | ||||||
20 | all other sources for payment are insufficient to make
those | ||||||
21 | payments; (f) made for payments under a building
commission | ||||||
22 | lease when the lease payments are for the retirement
of bonds | ||||||
23 | issued by the commission before the date on which the
| ||||||
24 | referendum making this Law applicable to the taxing
district is | ||||||
25 | held to pay for the building project; (g) made for
payments due | ||||||
26 | under installment contracts entered into before the
date on | ||||||
27 | which the referendum making this Law applicable to the
taxing | ||||||
28 | district is held; (h) made for payments of principal
and | ||||||
29 | interest on limited bonds, as defined in Section 3 of
the Local | ||||||
30 | Government Debt Reform Act, in an amount not to exceed
the debt | ||||||
31 | service extension base less the amount in items (b),
(c), and | ||||||
32 | (e) of this definition for non-referendum obligations,
except | ||||||
33 | obligations initially issued pursuant to referendum;
(i) made | ||||||
34 | for payments of principal and interest on bonds issued
under | ||||||
35 | Section 15 of the Local Government Debt Reform Act;
(j) made | ||||||
36 | for a qualified airport authority to pay interest or
principal |
| |||||||
| |||||||
1 | on general obligation bonds issued for the purpose of
paying | ||||||
2 | obligations due under, or financing airport facilities
| ||||||
3 | required to be acquired, constructed, installed or
equipped | ||||||
4 | pursuant to, contracts entered into before March 1,
1996 (but | ||||||
5 | not including any amendments to such a contract taking
effect | ||||||
6 | on or after that date); and (k) made to fund expenses
of | ||||||
7 | providing joint recreational programs for the
handicapped | ||||||
8 | under Section 5-8 of the Park District Code or Section
11-95-14 | ||||||
9 | of the Illinois Municipal Code.
| ||||||
10 | "Aggregate
extension" for all taxing districts to which | ||||||
11 | this Law applies in accordance with paragraph (2) of
subsection | ||||||
12 | (e) of Section 18-213 means the annual corporate
extension for | ||||||
13 | the taxing district and those special purpose
extensions that | ||||||
14 | are made annually for the taxing district, excluding
special | ||||||
15 | purpose extensions: (a) made for the taxing district
to pay | ||||||
16 | interest or principal on general obligation bonds that
were | ||||||
17 | approved by referendum; (b) made for any taxing
district to pay | ||||||
18 | interest or principal on general obligation bonds
issued before | ||||||
19 | the effective date of this amendatory Act of 1997; (c)
made for | ||||||
20 | any taxing district to pay interest or principal on
bonds | ||||||
21 | issued to refund or continue to refund those bonds
issued | ||||||
22 | before the effective date of this amendatory Act of
1997; (d) | ||||||
23 | made for any taxing district to pay interest or
principal on | ||||||
24 | bonds issued to refund or continue to refund bonds
issued after | ||||||
25 | the effective date of this amendatory Act of 1997 if
the bonds | ||||||
26 | were approved by referendum after the effective date
of this | ||||||
27 | amendatory Act of 1997; (e) made for any taxing
district to pay | ||||||
28 | interest or principal on revenue bonds issued before
the | ||||||
29 | effective date of this amendatory Act of 1997 for
payment of | ||||||
30 | which a property tax levy or the full faith and credit
of the | ||||||
31 | unit of local government is pledged; however, a tax
for the | ||||||
32 | payment of interest or principal on those bonds shall
be made | ||||||
33 | only after the governing body of the unit of local
government | ||||||
34 | finds that all other sources for payment are
insufficient to | ||||||
35 | make those payments; (f) made for payments under a
building | ||||||
36 | commission lease when the lease payments are for the
retirement |
| |||||||
| |||||||
1 | of bonds issued by the commission before the effective
date of | ||||||
2 | this amendatory Act of 1997 to pay for the building
project; | ||||||
3 | (g) made for payments due under installment contracts
entered | ||||||
4 | into before the effective date of this amendatory Act
of 1997; | ||||||
5 | (h) made for payments of principal and interest on
limited | ||||||
6 | bonds, as defined in Section 3 of the Local Government
Debt | ||||||
7 | Reform Act, in an amount not to exceed the debt
service | ||||||
8 | extension base less the amount in items (b), (c), and
(e) of | ||||||
9 | this definition for non-referendum obligations, except
| ||||||
10 | obligations initially issued pursuant to referendum;
(i) made | ||||||
11 | for payments of principal and interest on bonds issued
under | ||||||
12 | Section 15 of the Local Government Debt Reform Act;
(j) made | ||||||
13 | for a qualified airport authority to pay interest or
principal | ||||||
14 | on general obligation bonds issued for the purpose of
paying | ||||||
15 | obligations due under, or financing airport facilities
| ||||||
16 | required to be acquired, constructed, installed or
equipped | ||||||
17 | pursuant to, contracts entered into before March 1,
1996 (but | ||||||
18 | not including any amendments to such a contract taking
effect | ||||||
19 | on or after that date); and (k) made to fund expenses
of | ||||||
20 | providing joint recreational programs for the
handicapped | ||||||
21 | under Section 5-8 of the Park District Code or Section
11-95-14 | ||||||
22 | of the Illinois Municipal Code.
| ||||||
23 | "Debt service
extension base" means an amount equal to that | ||||||
24 | portion of the extension for a taxing district for the
1994 | ||||||
25 | levy year, or for those taxing districts subject to
this Law in | ||||||
26 | accordance with Section 18-213, except for those
subject to | ||||||
27 | paragraph (2) of subsection (e) of Section 18-213, for
the levy | ||||||
28 | year in which the referendum making this Law
applicable to the | ||||||
29 | taxing district is held, or for those taxing districts
subject | ||||||
30 | to this Law in accordance with paragraph (2) of
subsection (e) | ||||||
31 | of Section 18-213 for the 1996 levy year, constituting
an | ||||||
32 | extension for payment of principal and interest on
bonds issued | ||||||
33 | by the taxing district without referendum, but not
including | ||||||
34 | excluded non-referendum bonds. For park districts (i)
that were | ||||||
35 | first subject to this Law in 1991 or 1995 and (ii)
whose | ||||||
36 | extension for the 1994 levy year for the payment of
principal |
| |||||||
| |||||||
1 | and interest on bonds issued by the park district
without | ||||||
2 | referendum (but not including excluded non-referendum
bonds) | ||||||
3 | was less than 51% of the amount for the 1991 levy year
| ||||||
4 | constituting an extension for payment of principal and
interest | ||||||
5 | on bonds issued by the park district without
referendum (but | ||||||
6 | not including excluded non-referendum bonds), "debt
service | ||||||
7 | extension base" means an amount equal to that portion
of the | ||||||
8 | extension for the 1991 levy year constituting an
extension for | ||||||
9 | payment of principal and interest on bonds issued by
the park | ||||||
10 | district without referendum (but not including
excluded | ||||||
11 | non-referendum bonds). The debt service extension base
may be | ||||||
12 | established or increased as provided under Section
18-212. | ||||||
13 | "Excluded non-referendum bonds" means (i) bonds
authorized by | ||||||
14 | Public Act 88-503 and issued under Section 20a of the
Chicago | ||||||
15 | Park District Act for aquarium and museum projects;
(ii) bonds | ||||||
16 | issued under Section 15 of the Local Government Debt
Reform | ||||||
17 | Act; or (iii) refunding obligations issued to refund
or to | ||||||
18 | continue to refund obligations initially issued
pursuant to | ||||||
19 | referendum.
| ||||||
20 | "Special purpose
extensions" include, but are not limited | ||||||
21 | to, extensions for levies made on an annual basis for
| ||||||
22 | unemployment and workers' compensation,
self-insurance, | ||||||
23 | contributions to pension plans, and extensions made
pursuant to | ||||||
24 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
25 | district's permanent road fund whether levied annually
or not. | ||||||
26 | The extension for a special service area is not
included in the | ||||||
27 | aggregate extension.
| ||||||
28 | "Aggregate
extension base" means the taxing district's | ||||||
29 | last preceding aggregate extension as adjusted under
Sections | ||||||
30 | 18-215 through 18-230.
| ||||||
31 | "Levy year" has
the same meaning as "year" under Section | ||||||
32 | 1-155.
| ||||||
33 | "New property"
means (i) the assessed value, after final | ||||||
34 | board of review or board of appeals action, of new
improvements | ||||||
35 | or additions to existing improvements on any parcel of
real | ||||||
36 | property that increase the assessed value of that real
property |
| |||||||
| |||||||
1 | during the levy year multiplied by the equalization
factor | ||||||
2 | issued by the Department under Section 17-30, (ii) the
assessed | ||||||
3 | value, after final board of review or board of appeals
action, | ||||||
4 | of real property not exempt from real estate taxation,
which | ||||||
5 | real property was exempt from real estate taxation for
any | ||||||
6 | portion of the immediately preceding levy year,
multiplied by | ||||||
7 | the equalization factor issued by the Department under
Section | ||||||
8 | 17-30, and (iii) in counties that classify in
accordance with | ||||||
9 | Section 4 of Article IX of the Illinois Constitution,
an | ||||||
10 | incentive property's additional assessed value
resulting from | ||||||
11 | a scheduled increase in the level of assessment as
applied to | ||||||
12 | the first year final board of review market value. In
addition, | ||||||
13 | the county clerk in a county containing a population
of | ||||||
14 | 3,000,000 or more shall include in the 1997 recovered
tax | ||||||
15 | increment value for any school district, any recovered
tax | ||||||
16 | increment value that was applicable to the 1995 tax
year | ||||||
17 | calculations.
| ||||||
18 | "Qualified
airport authority" means an airport authority | ||||||
19 | organized under the Airport Authorities Act and
located in a | ||||||
20 | county bordering on the State of Wisconsin and having
a | ||||||
21 | population in excess of 200,000 and not greater than
500,000.
| ||||||
22 | "Recovered tax
increment value" means, except as otherwise | ||||||
23 | provided in this paragraph, the amount of the current
year's | ||||||
24 | equalized assessed value, in the first year after a
| ||||||
25 | municipality terminates the designation of an area as
a | ||||||
26 | redevelopment project area previously established
under the | ||||||
27 | Tax Increment Allocation Development Act in the
Illinois | ||||||
28 | Municipal Code, previously established under the
Industrial | ||||||
29 | Jobs Recovery Law in the Illinois Municipal Code, or
previously | ||||||
30 | established under the Economic Development Area Tax
Increment | ||||||
31 | Allocation Act, of each taxable lot, block, tract, or
parcel of | ||||||
32 | real property in the redevelopment project area over
and above | ||||||
33 | the initial equalized assessed value of each property
in the | ||||||
34 | redevelopment project area. For the taxes which are
extended | ||||||
35 | for the 1997 levy year, the recovered tax increment
value for a | ||||||
36 | non-home rule taxing district that first became
subject to this |
| |||||||
| |||||||
1 | Law for the 1995 levy year because a majority of its
1994 | ||||||
2 | equalized assessed value was in an affected county or
counties | ||||||
3 | shall be increased if a municipality terminated the
designation | ||||||
4 | of an area in 1993 as a redevelopment project area
previously | ||||||
5 | established under the Tax Increment Allocation
Development Act | ||||||
6 | in the Illinois Municipal Code, previously established
under | ||||||
7 | the Industrial Jobs Recovery Law in the Illinois
Municipal | ||||||
8 | Code, or previously established under the Economic
Development | ||||||
9 | Area Tax Increment Allocation Act, by an amount equal
to the | ||||||
10 | 1994 equalized assessed value of each taxable lot,
block, | ||||||
11 | tract, or parcel of real property in the redevelopment
project | ||||||
12 | area over and above the initial equalized assessed
value of | ||||||
13 | each property in the redevelopment project area. In
the first | ||||||
14 | year after a municipality removes a taxable lot,
block, tract, | ||||||
15 | or parcel of real property from a redevelopment
project area | ||||||
16 | established under the Tax Increment Allocation
Development Act | ||||||
17 | in the Illinois Municipal Code, the Industrial Jobs
Recovery | ||||||
18 | Law in the Illinois Municipal Code, or the Economic
Development | ||||||
19 | Area Tax Increment Allocation Act, "recovered tax
increment | ||||||
20 | value" means the amount of the current year's
equalized | ||||||
21 | assessed value of each taxable lot, block, tract, or
parcel of | ||||||
22 | real property removed from the redevelopment project
area over | ||||||
23 | and above the initial equalized assessed value of that
real | ||||||
24 | property before removal from the redevelopment project
area.
| ||||||
25 | Except as
otherwise provided in this Section, "limiting | ||||||
26 | rate" means a fraction the numerator of which is the
last | ||||||
27 | preceding aggregate extension base times an amount
equal to one | ||||||
28 | plus the extension limitation defined in this Section
and the | ||||||
29 | denominator of which is the current year's equalized
assessed | ||||||
30 | value of all real property in the territory under the
| ||||||
31 | jurisdiction of the taxing district during the prior
levy year. | ||||||
32 | For those taxing districts that reduced their
aggregate | ||||||
33 | extension for the last preceding levy year, the
highest | ||||||
34 | aggregate extension in any of the last 3 preceding
levy years | ||||||
35 | shall be used for the purpose of computing the
limiting rate. | ||||||
36 | The denominator shall not include new property. The
denominator |
| |||||||
| |||||||
1 | shall not include the recovered tax increment value.
| ||||||
2 | (Source: P.A. 92-547, eff. 6-13-02; 93-601, eff.
1-1-04; | ||||||
3 | 93-606, eff. 11-18-03; 93-612, eff. 11-18-03; revised
| ||||||
4 | 12-10-03.) | ||||||
5 | Section 165.
The Simplified Municipal Telecommunications | ||||||
6 | Tax Act is amended by changing Section 5-50 as
follows:
| ||||||
7 | (35 ILCS
636/5-50)
| ||||||
8 | Sec. 5-50.
Returns to the Department.
| ||||||
9 | (a) Commencing on
February 1, 2003, for the tax imposed | ||||||
10 | under subsection (a) of Section 5-20 of this Act,
every | ||||||
11 | retailer maintaining a place of business in this State
shall, | ||||||
12 | on or before the last day of each month make a return
to the | ||||||
13 | Department for the preceding calendar month,
stating:
| ||||||
14 | (1)
Its name;
| ||||||
15 | (2)
The address of its principal place of business or | ||||||
16 | the address of the principal
place of business (if that is | ||||||
17 | a different address) from
which it engages in the business | ||||||
18 | of transmitting
telecommunications;
| ||||||
19 | (3)
Total amount of gross charges billed by it during | ||||||
20 | the preceding calendar month
for providing | ||||||
21 | telecommunications during the
calendar month;
| ||||||
22 | (4)
Total amount received by it during the preceding | ||||||
23 | calendar month on credit
extended;
| ||||||
24 | (5)
Deductions allowed by law;
| ||||||
25 | (6)
Gross charges that were billed by it during the | ||||||
26 | preceding calendar month and
upon the basis of which the | ||||||
27 | tax is imposed;
| ||||||
28 | (7)
Amount of tax (computed upon Item 6);
| ||||||
29 | (8)
The municipalities to which the Department shall | ||||||
30 | remit the taxes and the amount
of such remittances;
| ||||||
31 | (9)
Such other reasonable information as the | ||||||
32 | Department may
require. | ||||||
33 | (b) Any retailer
required to make payments under this | ||||||
34 | Section may make the payments by electronic funds
transfer. The |
| |||||||
| |||||||
1 | Department shall adopt rules necessary to effectuate a
program | ||||||
2 | of electronic funds transfer. Any retailer who has
average | ||||||
3 | monthly tax billings due to the Department under this
Act and | ||||||
4 | the Telecommunications Excise Tax Act that exceed
$1,000 shall | ||||||
5 | make all payments by electronic funds transfer as
required by | ||||||
6 | rules of the Department. | ||||||
7 | (c) If the
retailer's average monthly tax billings due to | ||||||
8 | the Department under this Act and the
Telecommunications Excise | ||||||
9 | Tax Act do not exceed $1,000, the Department may
authorize such | ||||||
10 | retailer's returns to be filed on a quarter-annual
basis, with | ||||||
11 | the return for January, February, and March of a given
year | ||||||
12 | being due by April 30th of that year; with the return
for | ||||||
13 | April, May, and June of a given year being due by July
31st of | ||||||
14 | that year; with the return for July, August, and
September of a | ||||||
15 | given year being due by October 31st of that year; and
with the | ||||||
16 | return for October, November, and December of a given
year | ||||||
17 | being due by January 31st of the following
year. | ||||||
18 | (d) If the
retailer is otherwise required to file a monthly | ||||||
19 | or quarterly return and if the retailer's average
monthly tax | ||||||
20 | billings due to the Department under this Act and the
| ||||||
21 | Telecommunications Excise Tax Act do not exceed $400,
the | ||||||
22 | Department may authorize such retailer's return to be
filed on | ||||||
23 | an annual basis, with the return for a given year
being due by | ||||||
24 | January 31st of the following year.
| ||||||
25 | (e) Each retailer
whose average monthly remittance to the | ||||||
26 | Department under this Act and the Telecommunications
Excise Tax | ||||||
27 | Act was $25,000 or more during the preceding calendar
year, | ||||||
28 | excluding the month of highest remittance and the
month of | ||||||
29 | lowest remittance in such calendar year, and who is
not | ||||||
30 | operated by a unit of local government, shall make
estimated | ||||||
31 | payments to the Department on or before the 7th, 15th,
22nd, | ||||||
32 | and last day of the month during which the tax
remittance is | ||||||
33 | owed to the Department in an amount not less than the
lower of | ||||||
34 | either 22.5% of the retailer's actual tax collections
for the | ||||||
35 | month or 25% of the retailer's actual tax collections
for the | ||||||
36 | same calendar month of the preceding year. The amount
of such |
| |||||||
| |||||||
1 | quarter-monthly payments shall be credited against the
final | ||||||
2 | remittance of the retailer's return for that month.
Any | ||||||
3 | outstanding credit, approved by the Department,
arising from | ||||||
4 | the retailer's overpayment of its final remittance for
any | ||||||
5 | month may be applied to reduce the amount of any
subsequent | ||||||
6 | quarter-monthly payment or credited against the final
| ||||||
7 | remittance of the retailer's return for any subsequent
month. | ||||||
8 | If any quarter-monthly payment is not paid at the time
or in | ||||||
9 | the amount required by this Section, the retailer
shall be | ||||||
10 | liable for penalty and interest on the difference
between the | ||||||
11 | minimum amount due as a payment and the amount of such
payment | ||||||
12 | actually and timely paid, except insofar as the
retailer has | ||||||
13 | previously made payments for that month to the
Department or | ||||||
14 | received credits in excess of the minimum payments
previously | ||||||
15 | due. | ||||||
16 | (f)
Notwithstanding any other provision of this Section | ||||||
17 | containing the time within which a retailer may file
his or her | ||||||
18 | return, in the case of any retailer who ceases to
engage in a | ||||||
19 | kind of business that makes him or her responsible for
filing | ||||||
20 | returns under this Section, the retailer shall file a
final | ||||||
21 | return under this Section with the Department not more
than one | ||||||
22 | month after discontinuing such business.
| ||||||
23 | (g) In making
such return, the retailer shall determine the | ||||||
24 | value of any consideration other than money received
by it and | ||||||
25 | such retailer shall include the value in its return.
Such | ||||||
26 | determination shall be subject to review and revision
by the | ||||||
27 | Department in the manner hereinafter provided for the
| ||||||
28 | correction of returns. | ||||||
29 | (h) Any retailer
who has average monthly tax billings due | ||||||
30 | to the Department under this Act and the
Telecommunications | ||||||
31 | Excise Tax Act that exceed $1,000 shall file the
return | ||||||
32 | required by this Section by electronic means as
required by | ||||||
33 | rules of the Department. | ||||||
34 | (i) The retailer
filing the return herein provided for | ||||||
35 | shall, at the time of filing the return, pay to the
Department | ||||||
36 | the amounts due pursuant to this Act. The Department
shall |
| |||||||
| |||||||
1 | immediately pay over to the State Treasurer, ex
officio, as | ||||||
2 | trustee, 99.5% of all taxes, penalties, and interest
collected | ||||||
3 | hereunder for deposit into the Municipal
Telecommunications | ||||||
4 | Fund, which is hereby created. The remaining 0.5%
received by | ||||||
5 | the Department pursuant to this Act shall be deposited
into the | ||||||
6 | Tax Compliance and Administration Fund and shall be
used by the | ||||||
7 | Department, subject to appropriation, to cover the
costs of the | ||||||
8 | Department. | ||||||
9 | On or before the
25th day of each calendar month, the | ||||||
10 | Department shall prepare and certify to the
Comptroller the | ||||||
11 | disbursement of stated sums of money to be paid to
named | ||||||
12 | municipalities from the Municipal Telecommunications
Fund for | ||||||
13 | amounts collected during the second preceding calendar
month. | ||||||
14 | The named municipalities shall be those municipalities
| ||||||
15 | identified by a retailer in such retailer's return as
having | ||||||
16 | imposed the tax authorized by the Act. The amount of
money to | ||||||
17 | be paid to each municipality shall be the amount (not
including | ||||||
18 | credit memoranda) collected hereunder during the
second | ||||||
19 | preceding calendar month by the Department, plus an
amount the | ||||||
20 | Department determines is necessary to offset any
amounts that | ||||||
21 | were erroneously
erronenously paid to a
different taxing body, | ||||||
22 | and not including an amount equal to the amount of
refunds made | ||||||
23 | during the second preceding calendar month by the
Department on | ||||||
24 | behalf of such municipality, and not including any
amount that | ||||||
25 | the Department determines is necessary to offset any
amount | ||||||
26 | that were payable to a different taxing body but were
| ||||||
27 | erroneously paid to the municipality. Within 10 days
after | ||||||
28 | receipt by the Comptroller of the disbursement
certification | ||||||
29 | from the Department, the Comptroller shall cause the
orders to | ||||||
30 | be drawn for the respective amounts in accordance with
the | ||||||
31 | directions contained in the certification. When
certifying to | ||||||
32 | the Comptroller the amount of a monthly disbursement
to a | ||||||
33 | municipality under this Section, the Department shall
increase | ||||||
34 | or decrease the amount by an amount necessary to
offset any | ||||||
35 | misallocation of previous disbursements. The offset
amount | ||||||
36 | shall be the amount erroneously disbursed within the
previous 6 |
| |||||||
| |||||||
1 | months from the time a misallocation is
discovered. | ||||||
2 | (j) For
municipalities with populations of less than | ||||||
3 | 500,000, whenever the Department determines that a
refund shall | ||||||
4 | be made under this Section to a claimant instead of
issuing a | ||||||
5 | credit memorandum, the Department shall notify the
State | ||||||
6 | Comptroller, who shall cause the order to be drawn for
the | ||||||
7 | amount specified and to the person named in the
notification | ||||||
8 | from the Department. The refund shall be paid by the
State | ||||||
9 | Treasurer out of the Municipal Telecommunications
Fund. | ||||||
10 | (Source: P.A. 92-526, eff. 7-1-02; revised
2-17-03.) | ||||||
11 | Section 170.
The Uniform Penalty and Interest Act is | ||||||
12 | amended by changing Sections 3-2 and 3-3 as
follows:
| ||||||
13 | (35 ILCS
735/3-2) (from Ch. 120, par.
2603-2)
| ||||||
14 | Sec. 3-2.
Interest.
| ||||||
15 | (a) Interest paid
by the Department to taxpayers and | ||||||
16 | interest charged to taxpayers by the Department shall
be paid | ||||||
17 | at the annual rate determined by the Department. For
periods | ||||||
18 | prior to January 1, 2004, that rate shall be the
underpayment | ||||||
19 | rate established under Section 6621 of the Internal
Revenue | ||||||
20 | Code. For periods after December 31, 2003, that rate
shall be:
| ||||||
21 | (1)
for the one-year period beginning with the date of | ||||||
22 | underpayment or overpayment,
the short-term federal rate | ||||||
23 | established under Section 6621
of the Internal Revenue | ||||||
24 | Code.
| ||||||
25 | (2)
for any period beginning the day after the one-year | ||||||
26 | period described in paragraph
(1) of this subsection (a), | ||||||
27 | the underpayment rate
established under Section 6621 of the | ||||||
28 | Internal Revenue
Code. | ||||||
29 | (b) The interest
rate shall be adjusted on a semiannual | ||||||
30 | basis, on January 1 and July 1, based upon the
underpayment | ||||||
31 | rate or short-term federal rate going into effect on
that | ||||||
32 | January 1 or July 1 under Section 6621 of the Internal
Revenue | ||||||
33 | Code. | ||||||
34 | (c) This
subsection (c) is applicable to returns due on and
|
| |||||||
| |||||||
1 | before December 31, 2000. Interest shall be simple
interest | ||||||
2 | calculated on a daily basis. Interest shall accrue
upon tax and | ||||||
3 | penalty due. If notice and demand is made for the
payment of | ||||||
4 | any amount of tax due and if the amount due is paid
within 30 | ||||||
5 | days after the date of such notice and demand,
interest under | ||||||
6 | this Section on the amount so paid shall not be
imposed for the | ||||||
7 | period after the date of the notice and
demand. | ||||||
8 | (c-5) This
subsection (c-5) is applicable to returns due on | ||||||
9 | and after January 1, 2001. Interest shall be simple
interest | ||||||
10 | calculated on a daily basis. Interest shall accrue
upon tax | ||||||
11 | due. If notice and demand is made for the payment of
any amount | ||||||
12 | of tax due and if the amount due is paid within 30
days after | ||||||
13 | the date of the notice and demand, interest under this
Section | ||||||
14 | on the amount so paid shall not be imposed for the
period after | ||||||
15 | the date of the notice and demand.
| ||||||
16 | (d) No interest
shall be paid upon any overpayment of tax | ||||||
17 | if the overpayment is refunded or a credit approved
within 90 | ||||||
18 | days after the last date prescribed for filing the
original | ||||||
19 | return, or within 90 days of the receipt of the
processable | ||||||
20 | return, or within 90 days after the date of
overpayment, | ||||||
21 | whichever date is latest, as determined without regard
to | ||||||
22 | processing time by the Comptroller or without regard
to the | ||||||
23 | date on which the credit is applied to the taxpayer's
account. | ||||||
24 | In order for an original return to be processable for
purposes | ||||||
25 | of this Section, it must be in the form prescribed or
approved | ||||||
26 | by the Department, signed by the person authorized by
law, and | ||||||
27 | contain all information, schedules, and support
documents | ||||||
28 | necessary to determine the tax due and to make
allocations of | ||||||
29 | tax as prescribed by law. For the purposes of
computing | ||||||
30 | interest, a return shall be deemed to be processable
unless the | ||||||
31 | Department notifies the taxpayer that the return is
not | ||||||
32 | processable within 90 days after the receipt of the
return; | ||||||
33 | however, interest shall not accumulate for the period
following | ||||||
34 | this date of notice. Interest on amounts refunded or
credited | ||||||
35 | pursuant to the filing of an amended return or claim
for refund | ||||||
36 | shall be determined from the due date of the original
return or |
| |||||||
| |||||||
1 | the date of overpayment, whichever is later, to the
date of | ||||||
2 | payment by the Department without regard to processing
time by | ||||||
3 | the Comptroller or the date of credit by the
Department or | ||||||
4 | without regard to the date on which the credit is
applied to | ||||||
5 | the taxpayer's account. If a claim for refund relates
to an | ||||||
6 | overpayment attributable to a net loss carryback as
provided by | ||||||
7 | Section 207 of the Illinois Income Tax Act, the date
of | ||||||
8 | overpayment shall be the last day of the taxable year
in which | ||||||
9 | the loss was incurred. | ||||||
10 | (e) Interest on
erroneous refunds. Any portion of the tax | ||||||
11 | imposed by an Act to which this Act is applicable or
any | ||||||
12 | interest or penalty which has been erroneously
refunded and | ||||||
13 | which is recoverable by the Department shall bear
interest from | ||||||
14 | the date of payment of the refund. However, no
interest will be | ||||||
15 | charged if the erroneous refund is for an amount less
than $500 | ||||||
16 | and is due to a mistake of the
Department. | ||||||
17 | (f) If a taxpayer
has a tax liability that is eligible for | ||||||
18 | amnesty under the Tax Delinquency Amnesty Act and the
taxpayer | ||||||
19 | fails to satisfy the tax liability during the amnesty
period | ||||||
20 | provided for in that Act, then the interest charged by
the | ||||||
21 | Department under this Section shall be imposed at a
rate that | ||||||
22 | is 200% of the rate that would otherwise be imposed
under this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 93-26, eff. 6-20-03; 93-32, eff.
6-20-03; revised | ||||||
25 | 8-1-03.)
| ||||||
26 | (35 ILCS
735/3-3) (from Ch. 120, par.
2603-3)
| ||||||
27 | Sec. 3-3.
Penalty for failure to file or pay.
| ||||||
28 | (a) This
subsection (a) is applicable before January 1, | ||||||
29 | 1996. A penalty of 5% of the tax required to be shown
due on a | ||||||
30 | return shall be imposed for failure to file the tax
return on | ||||||
31 | or before the due date prescribed for filing
determined with | ||||||
32 | regard for any extension of time for filing (penalty
for late | ||||||
33 | filing or nonfiling). If any unprocessable return is
corrected | ||||||
34 | and filed within 21 days after notice by the
Department, the | ||||||
35 | late filing or nonfiling penalty shall not apply. If a
penalty |
| |||||||
| |||||||
1 | for late filing or nonfiling is imposed in addition to
a | ||||||
2 | penalty for late payment, the total penalty due shall
be the | ||||||
3 | sum of the late filing penalty and the applicable late
payment | ||||||
4 | penalty. Beginning on the effective date of this
amendatory Act | ||||||
5 | of 1995, in the case of any type of tax return
required to be | ||||||
6 | filed more frequently than annually, when the failure
to file | ||||||
7 | the tax return on or before the date prescribed for
filing | ||||||
8 | (including any extensions) is shown to be
nonfraudulent and has | ||||||
9 | not occurred in the 2 years immediately preceding the
failure | ||||||
10 | to file on the prescribed due date, the penalty
imposed by | ||||||
11 | Section 3-3(a) shall be abated.
| ||||||
12 | (a-5) This
subsection (a-5) is applicable to returns due on | ||||||
13 | and after January 1, 1996 and on or before December
31, 2000. A | ||||||
14 | penalty equal to 2% of the tax required to be shown
due on a | ||||||
15 | return, up to a maximum amount of $250, determined
without | ||||||
16 | regard to any part of the tax that is paid on time or
by any | ||||||
17 | credit that was properly allowable on the date the
return was | ||||||
18 | required to be filed, shall be imposed for failure to
file the | ||||||
19 | tax return on or before the due date prescribed for
filing | ||||||
20 | determined with regard for any extension of time for
filing. | ||||||
21 | However, if any return is not filed within 30 days
after notice | ||||||
22 | of nonfiling mailed by the Department to the last
known address | ||||||
23 | of the taxpayer contained in Department records, an
additional | ||||||
24 | penalty amount shall be imposed equal to the greater
of $250 or | ||||||
25 | 2% of the tax shown on the return. However, the
additional | ||||||
26 | penalty amount may not exceed $5,000 and is determined
without | ||||||
27 | regard to any part of the tax that is paid on time or
by any | ||||||
28 | credit that was properly allowable on the date the
return was | ||||||
29 | required to be filed (penalty for late filing or
nonfiling). If | ||||||
30 | any unprocessable return is corrected and filed within
30 days | ||||||
31 | after notice by the Department, the late filing or
nonfiling | ||||||
32 | penalty shall not apply. If a penalty for late filing
or | ||||||
33 | nonfiling is imposed in addition to a penalty for late
payment, | ||||||
34 | the total penalty due shall be the sum of the late
filing | ||||||
35 | penalty and the applicable late payment penalty. In
the case of | ||||||
36 | any type of tax return required to be filed more
frequently |
| |||||||
| |||||||
1 | than annually, when the failure to file the tax return
on or | ||||||
2 | before the date prescribed for filing (including any
| ||||||
3 | extensions) is shown to be nonfraudulent and has not
occurred | ||||||
4 | in the 2 years immediately preceding the failure to
file on the | ||||||
5 | prescribed due date, the penalty imposed by Section
3-3(a-5) | ||||||
6 | shall be abated. | ||||||
7 | (a-10) This
subsection (a-10) is applicable to returns due | ||||||
8 | on and after January 1, 2001. A penalty equal to 2% of
the tax | ||||||
9 | required to be shown due on a return, up to a maximum
amount of | ||||||
10 | $250, reduced by any tax that is paid on time or by
any credit | ||||||
11 | that was properly allowable on the date the return was
required | ||||||
12 | to be filed, shall be imposed for failure to file the
tax | ||||||
13 | return on or before the due date prescribed for filing
| ||||||
14 | determined with regard for any extension of time for
filing. | ||||||
15 | However, if any return is not filed within 30 days
after notice | ||||||
16 | of nonfiling mailed by the Department to the last
known address | ||||||
17 | of the taxpayer contained in Department records, an
additional | ||||||
18 | penalty amount shall be imposed equal to the greater
of $250 or | ||||||
19 | 2% of the tax shown on the return. However, the
additional | ||||||
20 | penalty amount may not exceed $5,000 and is determined
without | ||||||
21 | regard to any part of the tax that is paid on time or
by any | ||||||
22 | credit that was properly allowable on the date the
return was | ||||||
23 | required to be filed (penalty for late filing or
nonfiling). If | ||||||
24 | any unprocessable return is corrected and filed within
30 days | ||||||
25 | after notice by the Department, the late filing or
nonfiling | ||||||
26 | penalty shall not apply. If a penalty for late filing
or | ||||||
27 | nonfiling is imposed in addition to a penalty for late
payment, | ||||||
28 | the total penalty due shall be the sum of the late
filing | ||||||
29 | penalty and the applicable late payment penalty. In
the case of | ||||||
30 | any type of tax return required to be filed more
frequently | ||||||
31 | than annually, when the failure to file the tax return
on or | ||||||
32 | before the date prescribed for filing (including any
| ||||||
33 | extensions) is shown to be nonfraudulent and has not
occurred | ||||||
34 | in the 2 years immediately preceding the failure to
file on the | ||||||
35 | prescribed due date, the penalty imposed by Section
3-3(a-10) | ||||||
36 | shall be abated.
|
| |||||||
| |||||||
1 | (b) This
subsection is applicable before January 1, 1998. A | ||||||
2 | penalty of 15% of the tax shown on the return or the
tax | ||||||
3 | required to be shown due on the return shall be
imposed for | ||||||
4 | failure to pay:
| ||||||
5 | (1)
the tax shown due on the return on or before the | ||||||
6 | due date prescribed for
payment of that tax, an amount of | ||||||
7 | underpayment of estimated tax,
or an amount that is | ||||||
8 | reported in an amended return
other than an amended return | ||||||
9 | timely filed as required by
subsection (b) of Section 506 | ||||||
10 | of the Illinois Income Tax Act
(penalty for late payment or | ||||||
11 | nonpayment of admitted
liability); or
| ||||||
12 | (2)
the full amount of any tax required to be shown due | ||||||
13 | on a return and which is not
shown (penalty for late | ||||||
14 | payment or nonpayment of
additional liability), within 30 | ||||||
15 | days after a notice of
arithmetic error, notice and demand, | ||||||
16 | or a final assessment is
issued by the Department. In the | ||||||
17 | case of a final assessment
arising following a protest and | ||||||
18 | hearing, the 30-day period
shall not begin until all | ||||||
19 | proceedings in court for
review of the final assessment | ||||||
20 | have terminated or the period
for obtaining a review has | ||||||
21 | expired without proceedings
for a review having been | ||||||
22 | instituted. In the case of a
notice of tax liability that | ||||||
23 | becomes a final assessment
without a protest and hearing, | ||||||
24 | the penalty provided in this
paragraph (2) shall be imposed | ||||||
25 | at the expiration of the
period provided for the filing of | ||||||
26 | a protest.
| ||||||
27 | (b-5) This
subsection is applicable to returns due on and | ||||||
28 | after January 1, 1998 and on or before December 31,
2000. A | ||||||
29 | penalty of 20% of the tax shown on the return or the
tax | ||||||
30 | required to be shown due on the return shall be
imposed for | ||||||
31 | failure to pay:
| ||||||
32 | (1)
the tax shown due on the return on or before the | ||||||
33 | due date prescribed for
payment of that tax, an amount of | ||||||
34 | underpayment of estimated tax,
or an amount that is | ||||||
35 | reported in an amended return
other than an amended return | ||||||
36 | timely filed as required by
subsection (b) of Section 506 |
| |||||||
| |||||||
1 | of the Illinois Income Tax Act
(penalty for late payment or | ||||||
2 | nonpayment of admitted
liability); or
| ||||||
3 | (2)
the full amount of any tax required to be shown due | ||||||
4 | on a return and which is not
shown (penalty for late | ||||||
5 | payment or nonpayment of
additional liability), within 30 | ||||||
6 | days after a notice of
arithmetic error, notice and demand, | ||||||
7 | or a final assessment is
issued by the Department. In the | ||||||
8 | case of a final assessment
arising following a protest and | ||||||
9 | hearing, the 30-day period
shall not begin until all | ||||||
10 | proceedings in court for
review of the final assessment | ||||||
11 | have terminated or the period
for obtaining a review has | ||||||
12 | expired without proceedings
for a review having been | ||||||
13 | instituted. In the case of a
notice of tax liability that | ||||||
14 | becomes a final assessment
without a protest and hearing, | ||||||
15 | the penalty provided in this
paragraph (2) shall be imposed | ||||||
16 | at the expiration of the
period provided for the filing of | ||||||
17 | a protest.
| ||||||
18 | (b-10) This
subsection (b-10) is applicable to returns due | ||||||
19 | on and after January 1, 2001 and on or before December
31, | ||||||
20 | 2003. A penalty shall be imposed for failure to
pay:
| ||||||
21 | (1)
the tax shown due on a return on or before the due | ||||||
22 | date prescribed for payment of
that tax, an amount of | ||||||
23 | underpayment of estimated tax,
or an amount that is | ||||||
24 | reported in an amended return
other than an amended return | ||||||
25 | timely filed as required by
subsection (b) of Section 506 | ||||||
26 | of the Illinois Income Tax Act
(penalty for late payment or | ||||||
27 | nonpayment of admitted
liability). The amount of penalty | ||||||
28 | imposed under this subsection
(b-10)(1) shall be 2% of any | ||||||
29 | amount that is paid no later
than 30 days after the due | ||||||
30 | date, 5% of any amount that is
paid later than 30 days | ||||||
31 | after the due date and not
later than 90 days after the due | ||||||
32 | date, 10% of any amount that
is paid later than 90 days | ||||||
33 | after the due date and not
later than 180 days after the | ||||||
34 | due date, and 15% of any
amount that is paid later than 180 | ||||||
35 | days after the due date. If
notice and demand is made for | ||||||
36 | the payment of any amount of
tax due and if the amount due |
| |||||||
| |||||||
1 | is paid within 30 days after
the date of the notice and | ||||||
2 | demand, then the penalty for
late payment or nonpayment of | ||||||
3 | admitted liability under this
subsection (b-10)(1) on the | ||||||
4 | amount so paid shall not
accrue for the period after the | ||||||
5 | date of the notice and
demand.
| ||||||
6 | (2)
the full amount of any tax required to be shown due | ||||||
7 | on a return and that is not
shown (penalty for late payment | ||||||
8 | or nonpayment of additional
liability), within 30 days | ||||||
9 | after a notice of arithmetic
error, notice and demand, or a | ||||||
10 | final assessment is issued by
the Department. In the case | ||||||
11 | of a final assessment arising
following a protest and | ||||||
12 | hearing, the 30-day period
shall not begin until all | ||||||
13 | proceedings in court for
review of the final assessment | ||||||
14 | have terminated or the period
for obtaining a review has | ||||||
15 | expired without proceedings
for a review having been | ||||||
16 | instituted. The amount of
penalty imposed under this | ||||||
17 | subsection (b-10)(2) shall be
20% of any amount that is not | ||||||
18 | paid within the 30-day period.
In the case of a notice of | ||||||
19 | tax liability that becomes a
final assessment without a | ||||||
20 | protest and hearing, the
penalty provided in this | ||||||
21 | subsection (b-10)(2) shall be
imposed at the expiration of | ||||||
22 | the period provided for the
filing of a protest. | ||||||
23 | (b-15) This
subsection (b-15) is applicable to returns due | ||||||
24 | on and after January 1, 2004.
| ||||||
25 | (1)
A penalty shall be imposed for failure to pay the | ||||||
26 | tax shown due or required to
be shown due on a return on or | ||||||
27 | before the due date prescribed
for payment of that tax, an | ||||||
28 | amount of underpayment of
estimated tax, or an amount that | ||||||
29 | is reported in an amended
return other than an amended | ||||||
30 | return timely filed as
required by subsection (b) of | ||||||
31 | Section 506 of the Illinois
Income Tax Act (penalty for | ||||||
32 | late payment or nonpayment of
admitted liability). The | ||||||
33 | amount of penalty imposed
under this subsection (b-15)(1) | ||||||
34 | shall be 2% of any amount that
is paid no later than 30 | ||||||
35 | days after the due date, 10%
of any amount that is paid | ||||||
36 | later than 30 days after the
due date and not later than 90 |
| |||||||
| |||||||
1 | days after the due date, 15%
of any amount that is paid | ||||||
2 | later than 90 days after the
due date and not later than | ||||||
3 | 180 days after the due date,
and 20% of any amount that is | ||||||
4 | paid later than 180 days after
the due date. If notice and | ||||||
5 | demand is made for the payment
of any amount of tax due and | ||||||
6 | if the amount due is paid
within 30 days after the date of | ||||||
7 | this notice and demand, then
the penalty for late payment | ||||||
8 | or nonpayment of admitted
liability under this subsection | ||||||
9 | (b-15)(1) on the amount so
paid shall not accrue for the | ||||||
10 | period after the date of the
notice and demand.
| ||||||
11 | (2)
A penalty shall be imposed for failure to file a | ||||||
12 | return or to show on a timely
return the full amount of any | ||||||
13 | tax required to be shown due.
The amount of penalty imposed | ||||||
14 | under this subsection
(b-15)(2) shall be:
| ||||||
15 | (A)
5% of any amount of tax (other than an amount | ||||||
16 | properly
reported on an amended return timely filed as | ||||||
17 | required
by subsection (b) of Section 506 of the | ||||||
18 | Illinois
Income Tax Act) that is shown on a return or | ||||||
19 | amended
return filed prior to the date the Department | ||||||
20 | has
initiated an audit or investigation of the | ||||||
21 | taxpayer;
| ||||||
22 | (B)
10% of any amount of tax (other than an amount | ||||||
23 | properly
reported on an amended return timely filed as | ||||||
24 | required
by subsection (b) of Section 506 of the | ||||||
25 | Illinois
Income Tax Act) that is shown on a return or | ||||||
26 | amended
return filed on or after the date the | ||||||
27 | Department
has initiated an audit or investigation of | ||||||
28 | the
taxpayer, but prior to the date any notice of | ||||||
29 | deficiency,
notice of tax liability, notice of | ||||||
30 | assessment
or notice of final assessment is issued by | ||||||
31 | the
Department with respect to any portion of such | ||||||
32 | underreported
amount; or
| ||||||
33 | (C)
20% of any amount that is not reported on a | ||||||
34 | return
or amended return filed prior to the date any | ||||||
35 | notice
of deficiency, notice of tax liability, notice | ||||||
36 | of
assessment or notice of final assessment is issued
|
| |||||||
| |||||||
1 | by the
Department with respect to any portion of such | ||||||
2 | underreported
amount. | ||||||
3 | (c) For purposes
of the late payment penalties, the basis | ||||||
4 | of the penalty shall be the tax shown or required to
be shown | ||||||
5 | on a return, whichever is applicable, reduced by any
part of | ||||||
6 | the tax which is paid on time and by any credit which
was | ||||||
7 | properly allowable on the date the return was required
to be | ||||||
8 | filed. | ||||||
9 | (d) A penalty
shall be applied to the tax required to be | ||||||
10 | shown even if that amount is less than the tax shown
on the | ||||||
11 | return. | ||||||
12 | (e) This
subsection (e) is applicable to returns due before | ||||||
13 | January 1, 2001. If both a subsection (b)(1) or
(b-5)(1) | ||||||
14 | penalty and a subsection (b)(2) or (b-5)(2) penalty
are | ||||||
15 | assessed against the same return, the subsection
(b)(2) or | ||||||
16 | (b-5)(2) penalty shall be assessed against only the
additional | ||||||
17 | tax found to be due. | ||||||
18 | (e-5) This
subsection (e-5) is applicable to returns due on | ||||||
19 | and after January 1, 2001. If both a subsection
(b-10)(1) | ||||||
20 | penalty and a subsection (b-10)(2) penalty are
assessed against | ||||||
21 | the same return, the subsection (b-10)(2) penalty
shall be | ||||||
22 | assessed against only the additional tax found to be
due. | ||||||
23 | (f) If the
taxpayer has failed to file the return, the | ||||||
24 | Department shall determine the correct tax according
to its | ||||||
25 | best judgment and information, which amount shall be
prima | ||||||
26 | facie evidence of the correctness of the tax
due. | ||||||
27 | (g) The time
within which to file a return or pay an amount | ||||||
28 | of tax due without imposition of a penalty does not
extend the | ||||||
29 | time within which to file a protest to a notice of tax
| ||||||
30 | liability or a notice of deficiency.
| ||||||
31 | (h) No return
shall be determined to be unprocessable | ||||||
32 | because of the omission of any information requested
on the | ||||||
33 | return pursuant to Section 2505-575 of the Department
of | ||||||
34 | Revenue Law (20 ILCS 2505/2505-575).
| ||||||
35 | (i) If a taxpayer
has a tax liability that is eligible for | ||||||
36 | amnesty under the Tax Delinquency Amnesty Act and the
taxpayer |
| |||||||
| |||||||
1 | fails to satisfy the tax liability during the amnesty
period | ||||||
2 | provided for in that Act, then the penalty imposed by
the | ||||||
3 | Department under this Section shall be imposed in an
amount | ||||||
4 | that is 200% of the amount that would otherwise be
imposed | ||||||
5 | under this Section. | ||||||
6 | (Source: P.A. 92-742, eff. 7-25-02; 93-26, eff.
6-20-03; 93-32, | ||||||
7 | eff. 6-20-03; revised 8-1-03.)
| ||||||
8 | Section 175.
The Illinois Pension Code is amended by | ||||||
9 | changing Sections 8-138, 11-134, 14-103.04, 16-150,
and 16-182 | ||||||
10 | as follows:
| ||||||
11 | (40 ILCS
5/8-138) (from Ch. 108 1/2, par.
8-138)
| ||||||
12 | Sec. 8-138.
Minimum annuities - Additional provisions.
| ||||||
13 | (a) An employee
who withdraws after age 65 or more with at | ||||||
14 | least 20 years of service, for whom the amount of age
and | ||||||
15 | service and prior service annuity combined is less
than the | ||||||
16 | amount stated in this Section, shall from the date of
| ||||||
17 | withdrawal, instead of all annuities otherwise
provided, be | ||||||
18 | entitled to receive an annuity for life of $150 a
year, plus 1 | ||||||
19 | 1/2% for each year of service, to and including 20
years, and 1 | ||||||
20 | 2/3% for each year of service over 20 years, of his
highest | ||||||
21 | average annual salary for any 4 consecutive years
within the | ||||||
22 | last 10 years of service immediately preceding the
date of | ||||||
23 | withdrawal. | ||||||
24 | An employee who
withdraws after 20 or more years of | ||||||
25 | service, before age 65, shall be entitled to such
annuity, to | ||||||
26 | begin not earlier than upon attained age of 55 years
if under | ||||||
27 | such age at withdrawal, reduced by 2% for each full
year or | ||||||
28 | fractional part thereof that his attained age is less
than 65, | ||||||
29 | plus an additional 2% reduction for each full year or
| ||||||
30 | fractional part thereof that his attained age when
annuity is | ||||||
31 | to begin is less than 60 so that the total reduction
at age 55 | ||||||
32 | shall be 30%. | ||||||
33 | (b) An employee
who withdraws after July 1, 1957, at age 60 | ||||||
34 | or over, with 20 or more years of service, for whom
the age and |
| |||||||
| |||||||
1 | service and prior service annuity combined, is less
than the | ||||||
2 | amount stated in this paragraph, shall, from the date
of | ||||||
3 | withdrawal, instead of such annuities, be entitled to
receive | ||||||
4 | an annuity for life equal to 1 2/3% for each year of
service, | ||||||
5 | of the highest average annual salary for any 5
consecutive | ||||||
6 | years within the last 10 years of service immediately
preceding | ||||||
7 | the date of withdrawal; provided, that in the case of
any | ||||||
8 | employee who withdraws on or after July 1, 1971, such
employee | ||||||
9 | age 60 or over with 20 or more years of service, shall
receive | ||||||
10 | an annuity for life equal to 1.67% for each of the
first 10 | ||||||
11 | years of service; 1.90% for each of the next 10 years
of | ||||||
12 | service; 2.10% for each year of service in excess of
20 but not | ||||||
13 | exceeding 30; and 2.30% for each year of service in
excess of | ||||||
14 | 30, based on the highest average annual salary for any
4 | ||||||
15 | consecutive years within the last 10 years of service
| ||||||
16 | immediately preceding the date of
withdrawal. | ||||||
17 | An employee who
withdraws after July 1, 1957 and before | ||||||
18 | January 1, 1988, with 20 or more years of service,
before age | ||||||
19 | 60 years is entitled to annuity, to begin not earlier
than upon | ||||||
20 | attained age of 55 years, if under such age at
withdrawal, as | ||||||
21 | computed in the last preceding paragraph, reduced
0.25% for | ||||||
22 | each full month or fractional part thereof that his
attained | ||||||
23 | age when annuity is to begin is less than 60 if the
employee | ||||||
24 | was born before January 1, 1936, or 0.5% for each such
month if | ||||||
25 | the employee was born on or after January 1,
1936. | ||||||
26 | Any employee born
before January 1, 1936, who withdraws | ||||||
27 | with 20 or more years of service, and any employee
with 20 or | ||||||
28 | more years of service who withdraws on or after
January 1, | ||||||
29 | 1988, may elect to receive, in lieu of any other
employee | ||||||
30 | annuity provided in this Section, an annuity for life
equal to | ||||||
31 | 1.80% for each of the first 10 years of service, 2.00%
for each | ||||||
32 | of the next 10 years of service, 2.20% for each year
of service | ||||||
33 | in excess of 20 but not exceeding 30, and 2.40% for
each year | ||||||
34 | of service in excess of 30, of the highest average
annual | ||||||
35 | salary for any 4 consecutive years within the last 10
years of | ||||||
36 | service immediately preceding the date of withdrawal,
to begin |
| |||||||
| |||||||
1 | not earlier than upon attained age of 55 years, if
under such | ||||||
2 | age at withdrawal, reduced 0.25% for each full month
or | ||||||
3 | fractional part thereof that his attained age when
annuity is | ||||||
4 | to begin is less than 60; except that an employee
retiring on | ||||||
5 | or after January 1, 1988, at age 55 or over but less
than age | ||||||
6 | 60, having at least 35 years of service, or an
employee | ||||||
7 | retiring on or after July 1, 1990, at age 55 or over
but less | ||||||
8 | than age 60, having at least 30 years of service, or
an | ||||||
9 | employee retiring on or after the effective date of
this | ||||||
10 | amendatory Act of 1997, at age 55 or over but less
than age 60, | ||||||
11 | having at least 25 years of service, shall not be
subject to | ||||||
12 | the reduction in retirement annuity because of
retirement below | ||||||
13 | age 60. | ||||||
14 | However, in the
case of an employee who retired on or after | ||||||
15 | January 1, 1985 but before January 1, 1988, at age 55
or older | ||||||
16 | and with at least 35 years of service, and who was
subject | ||||||
17 | under this subsection (b) to the reduction in
retirement | ||||||
18 | annuity because of retirement below age 60, that
reduction | ||||||
19 | shall cease to be effective January 1, 1991, and the
retirement | ||||||
20 | annuity shall be recalculated
accordingly. | ||||||
21 | Any employee who
withdraws on or after July 1, 1990, with | ||||||
22 | 20 or more years of service, may elect to receive, in
lieu of | ||||||
23 | any other employee annuity provided in this Section,
an annuity | ||||||
24 | for life equal to 2.20% for each year of service if
withdrawal | ||||||
25 | is before January 1, 2002, 60
days after the effective date of | ||||||
26 | this amendatory Act of the 92nd General
Assembly, or 2.40% for | ||||||
27 | each year of service if withdrawal is on or after
January 1, | ||||||
28 | 2002, 60 days after the effective
date of this amendatory Act | ||||||
29 | of the 92nd General Assembly or
later, of the highest average | ||||||
30 | annual salary for any 4 consecutive years within the
last 10 | ||||||
31 | years of service immediately preceding the date of
withdrawal, | ||||||
32 | to begin not earlier than upon attained age of 55
years, if | ||||||
33 | under such age at withdrawal, reduced 0.25% for each
full month | ||||||
34 | or fractional part thereof that his attained age when
annuity | ||||||
35 | is to begin is less than 60; except that an employee
retiring | ||||||
36 | at age 55 or over but less than age 60, having at
least 30 years |
| |||||||
| |||||||
1 | of service, shall not be subject to the reduction in
retirement | ||||||
2 | annuity because of retirement below age
60. | ||||||
3 | Any employee who
withdraws on or after the effective date | ||||||
4 | of this amendatory Act of 1997 with 20 or more years
of service | ||||||
5 | may elect to receive, in lieu of any other employee
annuity | ||||||
6 | provided in this Section, an annuity for life equal to
2.20% | ||||||
7 | for each year of service, if withdrawal is before
January 1, | ||||||
8 | 2002, 60 days after the effective
date of this amendatory Act | ||||||
9 | of the 92nd General
Assembly, or 2.40% for each year of service
| ||||||
10 | if withdrawal is on or after January 1, 2002,
60 days after the | ||||||
11 | effective date of this amendatory Act of the
92nd General | ||||||
12 | Assembly or later, of
the highest average annual salary for any | ||||||
13 | 4 consecutive years within the last 10 years of
service | ||||||
14 | immediately preceding the date of withdrawal, to begin
not | ||||||
15 | earlier than upon attainment of age 55 (age 50 if the
employee | ||||||
16 | has at least 30 years of service), reduced 0.25% for
each full | ||||||
17 | month or remaining fractional part thereof that the
employee's | ||||||
18 | attained age when annuity is to begin is less than 60;
except | ||||||
19 | that an employee retiring at age 50 or over with at
least 30 | ||||||
20 | years of service or at age 55 or over with at least 25
years of | ||||||
21 | service shall not be subject to the reduction in
retirement | ||||||
22 | annuity because of retirement below age
60. | ||||||
23 | The maximum
annuity payable under part (a) and (b) of this | ||||||
24 | Section shall not exceed 70% of highest average annual
salary | ||||||
25 | in the case of an employee who withdraws prior to July
1, 1971, | ||||||
26 | 75% if withdrawal takes place on or after July 1, 1971
and | ||||||
27 | prior to January 1, 2002, 60 days
after the effective date of | ||||||
28 | this amendatory Act of the 92nd General
Assembly, or 80% if | ||||||
29 | withdrawal takes place on or after January 1, 2002
is 60 days | ||||||
30 | after the effective date of this amendatory
Act of the 92nd | ||||||
31 | General Assembly or
later . For the purpose of the minimum | ||||||
32 | annuity provided in this Section $1,500 is considered
the | ||||||
33 | minimum annual salary for any year; and the maximum
annual | ||||||
34 | salary for the computation of such annuity is $4,800
for any | ||||||
35 | year before 1953, $6000 for the years 1953 to 1956,
inclusive, | ||||||
36 | and the actual annual salary, as salary is defined in
this |
| |||||||
| |||||||
1 | Article, for any year thereafter.
| ||||||
2 | To preserve
rights existing on December 31, 1959, for | ||||||
3 | participants and contributors on that date to the fund
created | ||||||
4 | by the Court and Law Department Employees' Annuity
Act, who | ||||||
5 | became participants in the fund provided for on
January 1, | ||||||
6 | 1960, the maximum annual salary to be considered for
such | ||||||
7 | persons for the years 1955 and 1956 is
$7,500. | ||||||
8 | (c) For an
employee receiving disability benefit, his | ||||||
9 | salary for annuity purposes under paragraphs (a) and
(b) of | ||||||
10 | this Section, for all periods of disability benefit
subsequent | ||||||
11 | to the year 1956, is the amount on which his
disability benefit | ||||||
12 | was based. | ||||||
13 | (d) An employee
with 20 or more years of service, whose | ||||||
14 | entire disability benefit credit period expires before
| ||||||
15 | attainment of age 55 while still disabled for service,
is | ||||||
16 | entitled upon withdrawal to the larger of (1) the
minimum | ||||||
17 | annuity provided above, assuming he is then age 55,
and | ||||||
18 | reducing such annuity to its actuarial equivalent as
of his | ||||||
19 | attained age on such date or (2) the annuity provided
from his | ||||||
20 | age and service and prior service annuity
credits. | ||||||
21 | (e) The minimum
annuity provisions do not apply to any | ||||||
22 | former municipal employee receiving an annuity from
the fund | ||||||
23 | who re-enters service as a municipal employee, unless
he | ||||||
24 | renders at least 3 years of additional service after
the date | ||||||
25 | of re-entry. | ||||||
26 | (f) An employee
in service on July 1, 1947, or who became a | ||||||
27 | contributor after July 1, 1947 and before attainment
of age 70, | ||||||
28 | who withdraws after age 65, with less than 20 years of
service | ||||||
29 | for whom the annuity has been fixed under this Article
shall, | ||||||
30 | instead of the annuity so fixed, receive an annuity as
follows: | ||||||
31 | Such amount as he
could have received had the accumulated | ||||||
32 | amounts for annuity been improved with interest at the
| ||||||
33 | effective rate to the date of his withdrawal, or to
attainment | ||||||
34 | of age 70, whichever is earlier, and had the city
contributed | ||||||
35 | to such earlier date for age and service annuity the
amount | ||||||
36 | that it would have contributed had he been under age
65, after |
| |||||||
| |||||||
1 | the date his annuity was fixed in accordance with this
Article, | ||||||
2 | and assuming his annuity were computed from such
accumulations | ||||||
3 | as of his age on such earlier date. The annuity so
computed | ||||||
4 | shall not exceed the annuity which would be payable
under the | ||||||
5 | other provisions of this Section if the employee was
credited | ||||||
6 | with 20 years of service and would qualify for annuity
| ||||||
7 | thereunder. | ||||||
8 | (g) Instead of
the annuity provided in this Article, an | ||||||
9 | employee having attained age 65 with at least 15 years
of | ||||||
10 | service who withdraws from service on or after July 1,
1971 and | ||||||
11 | whose annuity computed under other provisions of this
Article | ||||||
12 | is less than the amount provided under this paragraph,
is | ||||||
13 | entitled to a minimum annuity for life equal to 1% of
the | ||||||
14 | highest average annual salary, as salary is defined
and limited | ||||||
15 | in this Section for any 4 consecutive years within the
last 10 | ||||||
16 | years of service for each year of service, plus the
sum of $25 | ||||||
17 | for each year of service. The annuity shall not exceed
60% of | ||||||
18 | such highest average annual salary.
| ||||||
19 | (g-1) Instead of
any other retirement annuity provided in | ||||||
20 | this Article, an employee who has at least 10 years of
service | ||||||
21 | and withdraws from service on or after January 1, 1999
may | ||||||
22 | elect to receive a retirement annuity for life,
beginning no | ||||||
23 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
24 | withdrawal is before January 1, 2002,
60 days after the | ||||||
25 | effective date of this amendatory Act of the
92nd General | ||||||
26 | Assembly or 2.4% if
withdrawal is on or after January 1, 2002, | ||||||
27 | 60 days after the effective date of this
amendatory Act of the | ||||||
28 | 92nd General Assembly or
later, of final average salary for | ||||||
29 | each year of service, subject to a maximum of 75% of
final | ||||||
30 | average salary if withdrawal is before January 1,
2002, or 80% | ||||||
31 | if withdrawal is on or after January 1, 2002. For the
purpose | ||||||
32 | of calculating this annuity, "final average salary"
means the | ||||||
33 | highest average annual salary for any 4 consecutive
years in | ||||||
34 | the last 10 years of service.
| ||||||
35 | (h) The minimum
annuities provided under this Section shall | ||||||
36 | be paid in equal monthly installments.
|
| |||||||
| |||||||
1 | (i) The
amendatory provisions of part (b) and (g) of this | ||||||
2 | Section shall be effective July 1, 1971 and apply in
the case | ||||||
3 | of every qualifying employee withdrawing on or after
July 1, | ||||||
4 | 1971. | ||||||
5 | (j) The
amendatory provisions of this amendatory Act of | ||||||
6 | 1985 (P.A. 84-23) relating to the discount of annuity
because | ||||||
7 | of retirement prior to attainment of age 60, and to
the | ||||||
8 | retirement formula, for those born before January 1,
1936, | ||||||
9 | shall apply only to qualifying employees withdrawing
on or | ||||||
10 | after July 18, 1985. | ||||||
11 | (j-1) The changes
made to this Section by Public Act 92-609
| ||||||
12 | this amendatory Act of the 92nd General
Assembly (increasing | ||||||
13 | the retirement formula to 2.4% per year of service and
| ||||||
14 | increasing the maximum to 80%) apply to persons who
withdraw | ||||||
15 | from service on or after January 1, 2002, regardless
of whether | ||||||
16 | that withdrawal takes place before the effective date
of that | ||||||
17 | this amendatory Act. In
the case of a person who withdraws from | ||||||
18 | service on or after January 1, 2002 but begins to
receive a | ||||||
19 | retirement annuity before July 1,
2002 the effective date of
| ||||||
20 | this amendatory Act , the
annuity shall be recalculated, with | ||||||
21 | the increase resulting from
Public this
amendatory Act
92-609 | ||||||
22 | accruing from the date the retirement annuity began.
The | ||||||
23 | changes made by Public Act 92-609 control over the
changes made | ||||||
24 | by Public Act 92-599, as provided in Section 95 of
P.A. 92-609. | ||||||
25 | (k) Beginning on
January 1, 1999, the minimum amount of | ||||||
26 | employee's annuity shall be $850 per month for life
for the | ||||||
27 | following classes of employees, without regard to the
fact that | ||||||
28 | withdrawal occurred prior to the effective date of
this | ||||||
29 | amendatory Act of 1998:
| ||||||
30 | (1)
any employee annuitant alive and receiving a life | ||||||
31 | annuity on the effective date
of this amendatory Act of | ||||||
32 | 1998, except a reciprocal
annuity;
| ||||||
33 | (2)
any employee annuitant alive and receiving a term | ||||||
34 | annuity on the effective date
of this amendatory Act of | ||||||
35 | 1998, except a reciprocal
annuity;
| ||||||
36 | (3)
any employee annuitant alive and receiving a |
| |||||||
| |||||||
1 | reciprocal annuity on the
effective date of this amendatory | ||||||
2 | Act of 1998, whose service in
this fund is at least 5 | ||||||
3 | years;
| ||||||
4 | (4)
any employee annuitant withdrawing after age 60 on | ||||||
5 | or after the effective date of
this amendatory Act of 1998, | ||||||
6 | with at least 10 years of
service in this fund. | ||||||
7 | The increases
granted under items (1), (2) and (3) of this | ||||||
8 | subsection (k) shall not be limited by any other
Section of | ||||||
9 | this Act. | ||||||
10 | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff.
7-1-02; | ||||||
11 | revised 9-11-02.)
| ||||||
12 | (40 ILCS
5/11-134) (from Ch. 108 1/2, par.
11-134)
| ||||||
13 | Sec. 11-134.
Minimum annuities.
| ||||||
14 | (a) An employee
whose withdrawal occurs after July 1, 1957 | ||||||
15 | at age 60 or over, with 20 or more years of service,
(as | ||||||
16 | service is defined or computed in Section 11-216), for
whom the | ||||||
17 | age and service and prior service annuity combined is
less than | ||||||
18 | the amount stated in this Section, shall, from and
after the | ||||||
19 | date of withdrawal, in lieu of all annuities otherwise
provided | ||||||
20 | in this Article, be entitled to receive an annuity for
life of | ||||||
21 | an amount equal to 1 2/3% for each year of service, of
the | ||||||
22 | highest average annual salary for any 5 consecutive
years | ||||||
23 | within the last 10 years of service immediately
preceding the | ||||||
24 | date of withdrawal; provided, that in the case of any
employee | ||||||
25 | who withdraws on or after July 1, 1971, such employee
age 60 or | ||||||
26 | over with 20 or more years of service, shall be
entitled to | ||||||
27 | instead receive an annuity for life equal to 1.67% for
each of | ||||||
28 | the first 10 years of service; 1.90% for each of the
next 10 | ||||||
29 | years of service; 2.10% for each year of service in
excess of | ||||||
30 | 20 but not exceeding 30; and 2.30% for each year of
service in | ||||||
31 | excess of 30, based on the highest average annual
salary for | ||||||
32 | any 4 consecutive years within the last 10 years of
service | ||||||
33 | immediately preceding the date of
withdrawal. | ||||||
34 | An employee who
withdraws after July 1, 1957 and before | ||||||
35 | January 1, 1988, with 20 or more years of service,
before age |
| |||||||
| |||||||
1 | 60, shall be entitled to an annuity, to begin not
earlier than | ||||||
2 | age 55, if under such age at withdrawal, as computed
in the | ||||||
3 | last preceding paragraph, reduced 0.25% if the
employee was | ||||||
4 | born before January 1, 1936, or 0.5% if the employee
was born | ||||||
5 | on or after January 1, 1936, for each full month or
fractional | ||||||
6 | part thereof that his attained age when such annuity
is to | ||||||
7 | begin is less than 60. | ||||||
8 | Any employee born
before January 1, 1936 who withdraws with | ||||||
9 | 20 or more years of service, and any employee with 20
or more | ||||||
10 | years of service who withdraws on or after January 1,
1988, may | ||||||
11 | elect to receive, in lieu of any other employee
annuity | ||||||
12 | provided in this Section, an annuity for life equal to
1.80% | ||||||
13 | for each of the first 10 years of service, 2.00% for
each of | ||||||
14 | the next 10 years of service, 2.20% for each year of
service in | ||||||
15 | excess of 20, but not exceeding 30, and 2.40% for each
year of | ||||||
16 | service in excess of 30, of the highest average annual
salary | ||||||
17 | for any 4 consecutive years within the last 10 years
of service | ||||||
18 | immediately preceding the date of withdrawal, to begin
not | ||||||
19 | earlier than upon attained age of 55 years, if under
such age | ||||||
20 | at withdrawal, reduced 0.25% for each full month or
fractional | ||||||
21 | part thereof that his attained age when annuity is to
begin is | ||||||
22 | less than 60; except that an employee retiring on or
after | ||||||
23 | January 1, 1988, at age 55 or over but less than age
60, having | ||||||
24 | at least 35 years of service, or an employee retiring
on or | ||||||
25 | after July 1, 1990, at age 55 or over but less than
age 60, | ||||||
26 | having at least 30 years of service, or an employee
retiring on | ||||||
27 | or after the effective date of this amendatory Act of
1997, at | ||||||
28 | age 55 or over but less than age 60, having at least
25 years of | ||||||
29 | service, shall not be subject to the reduction in
retirement | ||||||
30 | annuity because of retirement below age
60. | ||||||
31 | However, in the
case of an employee who retired on or after | ||||||
32 | January 1, 1985 but before January 1, 1988, at age 55
or older | ||||||
33 | and with at least 35 years of service, and who was
subject | ||||||
34 | under this subsection (a) to the reduction in
retirement | ||||||
35 | annuity because of retirement below age 60, that
reduction | ||||||
36 | shall cease to be effective January 1, 1991, and the
retirement |
| |||||||
| |||||||
1 | annuity shall be recalculated
accordingly. | ||||||
2 | Any employee who
withdraws on or after July 1, 1990, with | ||||||
3 | 20 or more years of service, may elect to receive, in
lieu of | ||||||
4 | any other employee annuity provided in this Section,
an annuity | ||||||
5 | for life equal to 2.20% for each year of service if
withdrawal | ||||||
6 | is before January 1, 2002, 60
days after the effective date of | ||||||
7 | this amendatory Act of the 92nd General
Assembly, or 2.40% for | ||||||
8 | each year of service if withdrawal is on or after
January 1, | ||||||
9 | 2002, 60 days after the effective
date of this amendatory Act | ||||||
10 | of the 92nd General Assembly or
later, of the highest average | ||||||
11 | annual salary for any 4 consecutive years within the
last 10 | ||||||
12 | years of service immediately preceding the date of
withdrawal, | ||||||
13 | to begin not earlier than upon attained age of 55
years, if | ||||||
14 | under such age at withdrawal, reduced 0.25% for each
full month | ||||||
15 | or fractional part thereof that his attained age when
annuity | ||||||
16 | is to begin is less than 60; except that an employee
retiring | ||||||
17 | at age 55 or over but less than age 60, having at
least 30 years | ||||||
18 | of service, shall not be subject to the reduction in
retirement | ||||||
19 | annuity because of retirement below age
60. | ||||||
20 | Any employee who
withdraws on or after the effective date | ||||||
21 | of this amendatory Act of 1997 with 20 or more years
of service | ||||||
22 | may elect to receive, in lieu of any other employee
annuity | ||||||
23 | provided in this Section, an annuity for life equal to
2.20% | ||||||
24 | for each year of service if withdrawal is before
January 1, | ||||||
25 | 2002, 60 days after the effective
date of this amendatory Act | ||||||
26 | of the 92nd General
Assembly, or 2.40% for each year of service
| ||||||
27 | if withdrawal is on or after January 1, 2002,
60 days after the | ||||||
28 | effective date of this amendatory Act of the
92nd General | ||||||
29 | Assembly or later, of
the highest average annual salary for any | ||||||
30 | 4 consecutive years within the last 10 years of
service | ||||||
31 | immediately preceding the date of withdrawal, to begin
not | ||||||
32 | earlier than upon attainment of age 55 (age 50 if the
employee | ||||||
33 | has at least 30 years of service), reduced 0.25% for
each full | ||||||
34 | month or remaining fractional part thereof that the
employee's | ||||||
35 | attained age when annuity is to begin is less than 60;
except | ||||||
36 | that an employee retiring at age 50 or over with at
least 30 |
| |||||||
| |||||||
1 | years of service or at age 55 or over with at least 25
years of | ||||||
2 | service shall not be subject to the reduction in
retirement | ||||||
3 | annuity because of retirement below age
60. | ||||||
4 | The maximum
annuity payable under this paragraph (a) of | ||||||
5 | this Section shall not exceed 70% of highest average
annual | ||||||
6 | salary in the case of an employee who withdraws prior
to July | ||||||
7 | 1, 1971, 75% if withdrawal takes place on or after
July 1, 1971 | ||||||
8 | and prior to January 1, 2002, 60
days after the effective date | ||||||
9 | of this amendatory Act of the 92nd General
Assembly, or 80% if | ||||||
10 | withdrawal is on or after January 1, 2002
60 days after the | ||||||
11 | effective date of this amendatory Act of the
92nd General | ||||||
12 | Assembly or later . For
the purpose of the minimum annuity | ||||||
13 | provided in said paragraphs $1,500 shall be considered
the | ||||||
14 | minimum annual salary for any year; and the maximum
annual | ||||||
15 | salary to be considered for the computation of such
annuity | ||||||
16 | shall be $4,800 for any year prior to 1953, $6,000 for
the | ||||||
17 | years 1953 to 1956, inclusive, and the actual annual
salary, as | ||||||
18 | salary is defined in this Article, for any year
thereafter. | ||||||
19 | (b) For an
employee receiving disability benefit, his | ||||||
20 | salary for annuity purposes under this Section shall,
for all | ||||||
21 | periods of disability benefit subsequent to the year
1956, be | ||||||
22 | the amount on which his disability benefit was
based. | ||||||
23 | (c) An employee
with 20 or more years of service, whose | ||||||
24 | entire disability benefit credit period expires prior
to | ||||||
25 | attainment of age 55 while still disabled for service,
shall be | ||||||
26 | entitled upon withdrawal to the larger of (1) the
minimum | ||||||
27 | annuity provided above assuming that he is then age
55, and | ||||||
28 | reducing such annuity to its actuarial equivalent at
his | ||||||
29 | attained age on such date, or (2) the annuity provided
from his | ||||||
30 | age and service and prior service annuity
credits. | ||||||
31 | (d) The minimum
annuity provisions as aforesaid shall not | ||||||
32 | apply to any former employee receiving an annuity from
the | ||||||
33 | fund, and who re-enters service as an employee, unless
he | ||||||
34 | renders at least 3 years of additional service after
the date | ||||||
35 | of re-entry. | ||||||
36 | (e) An employee
in service on July 1, 1947, or who became a |
| |||||||
| |||||||
1 | contributor after July 1, 1947 and prior to July 1,
1950, or | ||||||
2 | who shall become a contributor to the fund after July
1, 1950 | ||||||
3 | prior to attainment of age 70, who withdraws after age
65 with | ||||||
4 | less than 20 years of service, for whom the annuity
has been | ||||||
5 | fixed under the foregoing Sections of this Article
shall, in | ||||||
6 | lieu of the annuity so fixed, receive an annuity as
follows: | ||||||
7 | Such amount as he
could have received had the accumulated | ||||||
8 | amounts for annuity been improved with interest at the
| ||||||
9 | effective rate to the date of his withdrawal, or to
attainment | ||||||
10 | of age 70, whichever is earlier, and had the city
contributed | ||||||
11 | to such earlier date for age and service annuity the
amount | ||||||
12 | that would have been contributed had he been under age
65, | ||||||
13 | after the date his annuity was fixed in accordance
with this | ||||||
14 | Article, and assuming his annuity were computed from
such | ||||||
15 | accumulations as of his age on such earlier date. The
annuity | ||||||
16 | so computed shall not exceed the annuity which would
be payable | ||||||
17 | under the other provisions of this Section if the
employee was | ||||||
18 | credited with 20 years of service and would qualify
for annuity | ||||||
19 | thereunder. | ||||||
20 | (f) In lieu of
the annuity provided in this or in any other | ||||||
21 | Section of this Article, an employee having attained
age 65 | ||||||
22 | with at least 15 years of service who withdraws from
service on | ||||||
23 | or after July 1, 1971 and whose annuity computed under
other | ||||||
24 | provisions of this Article is less than the amount
provided | ||||||
25 | under this paragraph shall be entitled to receive a
minimum | ||||||
26 | annual annuity for life equal to 1% of the highest
average | ||||||
27 | annual salary for any 4 consecutive years within the
last 10 | ||||||
28 | years of service immediately preceding retirement for
each year | ||||||
29 | of his service plus the sum of $25 for each year of
service. | ||||||
30 | Such annual annuity shall not exceed the maximum
percentages | ||||||
31 | stated under paragraph (a) of this Section of such
highest | ||||||
32 | average annual salary. | ||||||
33 | (f-1) Instead of
any other retirement annuity provided in | ||||||
34 | this Article, an employee who has at least 10 years of
service | ||||||
35 | and withdraws from service on or after January 1, 1999
may | ||||||
36 | elect to receive a retirement annuity for life,
beginning no |
| |||||||
| |||||||
1 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
2 | withdrawal is before January 1, 2002,
60 days after the | ||||||
3 | effective date of this amendatory Act of the
92nd General | ||||||
4 | Assembly or 2.4% for
each year of service if withdrawal is on | ||||||
5 | or after January 1, 2002, 60 days
after the effective date of | ||||||
6 | this amendatory Act of the 92nd General
Assembly or later, of | ||||||
7 | final average salary for each year of service, subject
to a | ||||||
8 | maximum of 75% of final average salary if withdrawal
is before | ||||||
9 | January 1, 2002, 60 days after
the effective date of this | ||||||
10 | amendatory Act of the 92nd General
Assembly, or 80% if | ||||||
11 | withdrawal is on or after January 1, 2002
60 days after the | ||||||
12 | effective date of this amendatory Act of the
92nd General | ||||||
13 | Assembly or later . For
the purpose of calculating this annuity, | ||||||
14 | "final average salary" means the highest average
annual salary | ||||||
15 | for any 4 consecutive years in the last 10 years of
service. | ||||||
16 | (g) Any annuity
payable under the preceding subsections of | ||||||
17 | this Section 11-134 shall be paid in equal monthly
| ||||||
18 | installments. | ||||||
19 | (h) The
amendatory provisions of part (a) and (f) of this | ||||||
20 | Section shall be effective July 1, 1971 and apply in
the case | ||||||
21 | of every qualifying employee withdrawing on or after
July 1, | ||||||
22 | 1971. | ||||||
23 | (h-1) The changes
made to this Section by Public Act 92-609
| ||||||
24 | this amendatory Act of the 92nd General
Assembly (increasing | ||||||
25 | the retirement formula to 2.4% per year of service and
| ||||||
26 | increasing the maximum to 80%) apply to persons who
withdraw | ||||||
27 | from service on or after January 1, 2002, regardless
of whether | ||||||
28 | that withdrawal takes place before the effective date
of that | ||||||
29 | this amendatory Act. In
the case of a person who withdraws from | ||||||
30 | service on or after January 1, 2002 but begins to
receive a | ||||||
31 | retirement annuity before July 1,
2002 the effective date of
| ||||||
32 | this amendatory Act , the
annuity shall be recalculated, with | ||||||
33 | the increase resulting from
Public this
amendatory Act
92-609 | ||||||
34 | accruing from the date the retirement annuity began.
The | ||||||
35 | changes made by Public Act 92-609 control over the
changes made | ||||||
36 | by Public Act 92-599, as provided in Section 95 of
P.A. 92-609. |
| |||||||
| |||||||
1 | (i) The
amendatory provisions of this amendatory Act of | ||||||
2 | 1985 relating to the discount of annuity because of
retirement | ||||||
3 | prior to attainment of age 60 and increasing the
retirement | ||||||
4 | formula for those born before January 1, 1936, shall
apply only | ||||||
5 | to qualifying employees withdrawing on or after August
16, | ||||||
6 | 1985. | ||||||
7 | (j) Beginning on
January 1, 1999, the minimum amount of | ||||||
8 | employee's annuity shall be $850 per month for life
for the | ||||||
9 | following classes of employees, without regard to the
fact that | ||||||
10 | withdrawal occurred prior to the effective date of
this | ||||||
11 | amendatory Act of 1998:
| ||||||
12 | (1)
any employee annuitant alive and receiving a life | ||||||
13 | annuity on the effective date
of this amendatory Act of | ||||||
14 | 1998, except a reciprocal
annuity;
| ||||||
15 | (2)
any employee annuitant alive and receiving a term | ||||||
16 | annuity on the effective date
of this amendatory Act of | ||||||
17 | 1998, except a reciprocal
annuity;
| ||||||
18 | (3)
any employee annuitant alive and receiving a | ||||||
19 | reciprocal annuity on the
effective date of this amendatory | ||||||
20 | Act of 1998, whose service in
this fund is at least 5 | ||||||
21 | years;
| ||||||
22 | (4)
any employee annuitant withdrawing after age 60 on | ||||||
23 | or after the effective date of
this amendatory Act of 1998, | ||||||
24 | with at least 10 years of
service in this fund. | ||||||
25 | The increases
granted under items (1), (2) and (3) of this | ||||||
26 | subsection (j) shall not be limited by any other
Section of | ||||||
27 | this Act. | ||||||
28 | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff.
7-1-02; | ||||||
29 | revised 9-11-02.)
| ||||||
30 | (40 ILCS
5/14-103.04) (from Ch. 108 1/2, par.
14-103.04)
| ||||||
31 | Sec. 14-103.04.
Department. "Department": Any department,
| ||||||
32 | institution, board, commission, officer, court, or any
agency | ||||||
33 | of the State having power to certify payrolls to the
State | ||||||
34 | Comptroller authorizing payments of salary or wages
against | ||||||
35 | State appropriations, or against trust funds held by
the State |
| |||||||
| |||||||
1 | Treasurer, except those departments included under the
term | ||||||
2 | "employer" in the State Universities Retirement
System. | ||||||
3 | "Department" includes the Illinois Finance Authority.
| ||||||
4 | "Department" also includes the Illinois Comprehensive
Health | ||||||
5 | Insurance Board and the Illinois
Finance Authority . | ||||||
6 | (Source: P.A. 93-205 (Sections 890-11 and 890-44),
eff. 1-1-04; | ||||||
7 | revised 9-23-03.)
| ||||||
8 | (40 ILCS
5/16-150) (from Ch. 108 1/2, par.
16-150)
| ||||||
9 | Sec. 16-150.
Re-entry.
| ||||||
10 | (a) This Section
does not apply to an annuitant who returns | ||||||
11 | to teaching under the program established in Section
16-150.1, | ||||||
12 | for the duration of his or her participation in that
program. | ||||||
13 | (b) If an
annuitant under this System is again employed as | ||||||
14 | a teacher for an aggregate period exceeding that
permitted by | ||||||
15 | Section 16-118, his or her retirement annuity shall be
| ||||||
16 | terminated and the annuitant shall thereupon be
regarded as an | ||||||
17 | active member. | ||||||
18 | Such annuitant is
not entitled to a recomputation of his or | ||||||
19 | her retirement annuity unless at least one full year
of | ||||||
20 | creditable service is rendered after the latest
re-entry into | ||||||
21 | service and the annuitant must have rendered at least
3 years | ||||||
22 | of creditable service after last re-entry into service
to | ||||||
23 | qualify for a recomputation of the retirement annuity
based on | ||||||
24 | amendments enacted while in receipt of a retirement
annuity, | ||||||
25 | except when retirement was due to
disability. | ||||||
26 | However,
regardless of age, an annuitant in receipt of a | ||||||
27 | retirement annuity may be given temporary employment
by a | ||||||
28 | school board not exceeding that permitted under
Section 16-118 | ||||||
29 | and continue to receive the retirement
annuity. | ||||||
30 | (c) Unless
retirement was necessitated by disability, a | ||||||
31 | retirement shall be considered cancelled and the
retirement | ||||||
32 | allowance must be repaid in full if the annuitant is
employed | ||||||
33 | as a teacher within the school year during which
service was | ||||||
34 | terminated. | ||||||
35 | (d) An
annuitant's retirement which does not include a
|
| |||||||
| |||||||
1 | period of at least one full and complete school year
shall be | ||||||
2 | considered cancelled and the retirement annuity must
be repaid | ||||||
3 | in full unless such retirement was necessitated by
disability. | ||||||
4 | (Source: P.A. 93-320, eff. 7-23-03; 93-469, eff.
8-8-03; | ||||||
5 | revised 9-11-03.)
| ||||||
6 | (40 ILCS
5/16-182) (from Ch. 108 1/2, par.
16-182)
| ||||||
7 | Sec. 16-182.
Members' Contribution Reserve.
(a) On July 1, | ||||||
8 | 2003, the Members' Contribution Reserve is abolished
and the | ||||||
9 | remaining balance shall be transferred from that
Reserve to the | ||||||
10 | Benefit Trust Reserve. | ||||||
11 | (Source: P.A. 93-469, eff. 8-8-03; revised
10-9-03.) | ||||||
12 | Section 180.
The Bi-State Development Agency Act is amended | ||||||
13 | by changing Section 3 as
follows:
| ||||||
14 | (45 ILCS
105/3) (from Ch. 127, par.
63s-3)
| ||||||
15 | (Text of Section
before amendment by P.A. 93-432 ) | ||||||
16 | Sec. 3.
Vacancies occurring in the office of any | ||||||
17 | commissioner shall be filled by appointment by the
Governor, by | ||||||
18 | and with the advice and consent of the Senate, for the
| ||||||
19 | unexpired term. In any case of vacancy, while the
Senate is not | ||||||
20 | in session, the Governor shall make a temporary
appointment | ||||||
21 | until the next meeting of the Senate, when he shall
nominate | ||||||
22 | some person to fill such office.
| ||||||
23 | (Source: Laws 1949, p. 448.)
| ||||||
24 | (Text of Section
after amendment by P.A. 93-432 ) | ||||||
25 | Sec. 3.
Vacancies occurring in the office of any | ||||||
26 | commissioner shall be filled by appointment by the
Chairman of | ||||||
27 | the County Board that made the original appointment of
that | ||||||
28 | commissioner, with the advice and consent of the
respective | ||||||
29 | county board, for the unexpired term. Any vacancies
occurring | ||||||
30 | during the transition for the implementation of this
amendatory | ||||||
31 | Act of the 93rd General Assembly that were appointed
by the | ||||||
32 | Governor, and not by the respective County Board
Chairmen, |
| |||||||
| |||||||
1 | shall be filled by the appointment by the County Board
Chairman | ||||||
2 | of Madison County if occurring in the years 2004,
2006, or 2008 | ||||||
3 | or by the County Board Chairman of St. Clair County if
| ||||||
4 | occurring in the years 2005 or 2007, each with the
advice and | ||||||
5 | consent of the respective county
board. . | ||||||
6 | (Source: P.A. 93-432, eff. 6-1-04; revised
10-9-03.) | ||||||
7 | Section 185.
The Interstate Compact for Adult Offender | ||||||
8 | Supervision is amended by setting forth and
renumbering | ||||||
9 | multiple versions of Section 110 as
follows:
| ||||||
10 | (45 ILCS
170/110)
| ||||||
11 | Sec. 110.
(Amendatory provisions; text omitted.)
| ||||||
12 | (Source: P.A. 92-571, eff. 6-26-02; text
omitted.)
| ||||||
13 | (45 ILCS
170/115)
| ||||||
14 | Sec.
115.
110. The Unified
Code of Corrections is amended | ||||||
15 | by repealing Section 3-3-11.
| ||||||
16 | (Source: P.A. 92-571, eff. 6-26-02; revised
7-15-02.) | ||||||
17 | Section 188.
The Public Works Contract Change Order Act is | ||||||
18 | amended by changing Section 5 as
follows: | ||||||
19 | (50 ILCS
525/5) | ||||||
20 | (This Section may
contain text from a Public Act with a | ||||||
21 | delayed effective date )
| ||||||
22 | Sec. 5.
Change orders; bidding. If a change order for
any | ||||||
23 | public works contract (i) is entered into by a unit of
local | ||||||
24 | government or school district, (ii) is not procured in
| ||||||
25 | accordance with the Illinois Procurement Code and the
State | ||||||
26 | Finance Act, and (iii) authorizes or necessitates any
increase | ||||||
27 | in the contract price that is 50% or more of the
original | ||||||
28 | contract price, then
the portion of the contract that is
| ||||||
29 | covered by the change order must be resubmitted for
bidding in | ||||||
30 | the same manner for which the original contract was
bid. | ||||||
31 | Bidding for the portion of the contract covered by the
change |
| |||||||
| |||||||
1 | order is subject to any requirements to employ females
and | ||||||
2 | minorities on the public works project that existed at
the | ||||||
3 | bidding for the original contract, together with any
later | ||||||
4 | requirements imposed by law.
| ||||||
5 | (Source: P.A. 93-656, eff. 6-1-04; revised
1-22-04.) | ||||||
6 | Section 190.
The Emergency Telephone System Act is amended | ||||||
7 | by changing Section 15.3 as
follows:
| ||||||
8 | (50 ILCS
750/15.3) (from Ch. 134, par.
45.3)
| ||||||
9 | Sec. 15.3.
Surcharge. | ||||||
10 | (a) The corporate
authorities of any municipality or any | ||||||
11 | county may, subject to the limitations of subsections
(c), (d), | ||||||
12 | and (h), and in addition to any tax levied pursuant to
the | ||||||
13 | Simplified Municipal Telecommunications Tax Act,
impose a | ||||||
14 | monthly surcharge on billed subscribers of network
connection | ||||||
15 | provided by telecommunication carriers engaged in the
business | ||||||
16 | of transmitting messages by means of electricity
originating | ||||||
17 | within the corporate limits of the municipality or
county | ||||||
18 | imposing the surcharge at a rate per network
connection | ||||||
19 | determined in accordance with subsection (c).
Provided, | ||||||
20 | however, that where multiple voice grade
communications | ||||||
21 | channels are connected between the subscriber's
premises and a | ||||||
22 | public switched network through private branch
exchange (PBX) | ||||||
23 | or centrex type service, a municipality imposing a
surcharge at | ||||||
24 | a rate per network connection, as determined in
accordance with | ||||||
25 | this Act, shall impose 5 such surcharges per network
| ||||||
26 | connection, as determined in accordance with
subsections (a) | ||||||
27 | and (d) of Section 2.12 of this Act. For mobile
| ||||||
28 | telecommunications services, if a surcharge is imposed
it shall | ||||||
29 | be imposed based upon the municipality or county that
| ||||||
30 | encompasses the customer's place of primary use as
defined in | ||||||
31 | the Mobile Telecommunications Sourcing Conformity Act.
A | ||||||
32 | municipality may enter into an intergovernmental
agreement | ||||||
33 | with any county in which it is partially located, when
the | ||||||
34 | county has adopted an ordinance to impose a surcharge
as |
| |||||||
| |||||||
1 | provided in subsection (c), to include that portion of
the | ||||||
2 | municipality lying outside the county in that county's
| ||||||
3 | surcharge referendum. If the county's surcharge
referendum is | ||||||
4 | approved, the portion of the municipality identified
in the | ||||||
5 | intergovernmental agreement shall automatically be
| ||||||
6 | disconnected from the county in which it lies and
connected to | ||||||
7 | the county which approved the referendum for purposes
of a | ||||||
8 | surcharge on telecommunications carriers.
| ||||||
9 | (b) For purposes
of computing the surcharge imposed by | ||||||
10 | subsection (a), the network connections to which the
surcharge | ||||||
11 | shall apply shall be those in-service network
connections, | ||||||
12 | other than those network connections assigned to the
| ||||||
13 | municipality or county, where the service address for
each such | ||||||
14 | network connection or connections is located within
the | ||||||
15 | corporate limits of the municipality or county levying
the | ||||||
16 | surcharge. Except for mobile telecommunication
services, the | ||||||
17 | "service address" shall mean the location of the
primary use of | ||||||
18 | the network connection or connections. For mobile
| ||||||
19 | telecommunication services, "service address" means
the | ||||||
20 | customer's place of primary use as defined in the
Mobile | ||||||
21 | Telecommunications Sourcing Conformity Act. With
respect to | ||||||
22 | network connections provided for use with pay
telephone | ||||||
23 | services for which there is no billed subscriber, the
| ||||||
24 | telecommunications carrier providing the network
connection | ||||||
25 | shall be deemed to be its own billed subscriber for
purposes of | ||||||
26 | applying the surcharge. | ||||||
27 | (c) Upon the
passage of an ordinance to impose a surcharge | ||||||
28 | under this Section the clerk of the municipality or
county | ||||||
29 | shall certify the question of whether the surcharge
may be | ||||||
30 | imposed to the proper election authority who shall
submit the | ||||||
31 | public question to the electors of the municipality or
county | ||||||
32 | in accordance with the general election law; provided
that such | ||||||
33 | question shall not be submitted at a consolidated
primary | ||||||
34 | election. The public question shall be in
substantially the | ||||||
35 | following form: | ||||||
36 | -------------------------------------------------------------
|
| |||||||
| |||||||
1 | Shall the county (or city, village
| ||||||
2 | or incorporated town) of ..... impose YES
| ||||||
3 | a surcharge of up to ...¢ per month per
| ||||||
4 | network connection, which surcharge will
| ||||||
5 | be added to the monthly bill you receive ------------------
| ||||||
6 | for telephone or telecommunications
| ||||||
7 | charges, for the purpose of installing
| ||||||
8 | (or improving) a 9-1-1 Emergency NO
| ||||||
9 | Telephone System? | ||||||
10 | -------------------------------------------------------------
| ||||||
11 | If a majority of
the votes cast upon the public question | ||||||
12 | are in favor thereof, the surcharge shall be
imposed. | ||||||
13 | However, if a
Joint Emergency Telephone System Board is to | ||||||
14 | be created pursuant to an intergovernmental agreement
under | ||||||
15 | Section 15.4, the ordinance to impose the surcharge
shall be | ||||||
16 | subject to the approval of a majority of the total
number of | ||||||
17 | votes cast upon the public question by the electors of
all of | ||||||
18 | the municipalities or counties, or combination
thereof, that | ||||||
19 | are parties to the intergovernmental
agreement. | ||||||
20 | The referendum
requirement of this subsection (c) shall not | ||||||
21 | apply to any municipality with a population over
500,000 or to | ||||||
22 | any county in which a proposition as to whether a
sophisticated | ||||||
23 | 9-1-1 Emergency Telephone System should be installed
in the | ||||||
24 | county, at a cost not to exceed a specified monthly
amount per | ||||||
25 | network connection, has previously been approved by a
majority | ||||||
26 | of the electors of the county voting on the
proposition at an | ||||||
27 | election conducted before the effective date of this
amendatory | ||||||
28 | Act of 1987. | ||||||
29 | (d) A county may
not impose a surcharge, unless requested | ||||||
30 | by a municipality, in any incorporated area which has
| ||||||
31 | previously approved a surcharge as provided in
subsection (c) | ||||||
32 | or in any incorporated area where the corporate
authorities of | ||||||
33 | the municipality have previously entered into a
binding | ||||||
34 | contract or letter of intent with a telecommunications
carrier | ||||||
35 | to provide sophisticated 9-1-1 service through
municipal | ||||||
36 | funds. |
| |||||||
| |||||||
1 | (e) A
municipality or county may at any time by ordinance | ||||||
2 | change the rate of the surcharge imposed under this
Section if | ||||||
3 | the new rate does not exceed the rate specified in the
| ||||||
4 | referendum held pursuant to subsection
(c). | ||||||
5 | (f) The surcharge
authorized by this Section shall be | ||||||
6 | collected from the subscriber by the
telecommunications | ||||||
7 | carrier providing the subscriber the network
connection as a | ||||||
8 | separately stated item on the subscriber's
bill. | ||||||
9 | (g) The amount of
surcharge collected by the | ||||||
10 | telecommunications carrier shall be paid to the
particular | ||||||
11 | municipality or county or Joint Emergency Telephone
System | ||||||
12 | Board not later than 30 days after the surcharge is
collected, | ||||||
13 | net of any network or other 9-1-1 or sophisticated
9-1-1 system | ||||||
14 | charges then due the particular telecommunications
carrier, as | ||||||
15 | shown on an itemized bill. The telecommunications
carrier | ||||||
16 | collecting the surcharge shall also be entitled to
deduct 3% of | ||||||
17 | the gross amount of surcharge collected to reimburse
the | ||||||
18 | telecommunications carrier for the expense of
accounting and | ||||||
19 | collecting the surcharge. | ||||||
20 | (h) Except as
expressly provided in subsection (a) of this | ||||||
21 | Section, a municipality with a population over 500,000
may not | ||||||
22 | impose a monthly surcharge in excess of $1.25 per
network | ||||||
23 | connection. | ||||||
24 | (i) Any
municipality or county or joint emergency telephone | ||||||
25 | system board that has imposed a surcharge pursuant to
this | ||||||
26 | Section prior to the effective date of this amendatory
Act of | ||||||
27 | 1990 shall hereafter impose the surcharge in
accordance with | ||||||
28 | subsection (b) of this Section.
| ||||||
29 | (j) The corporate
authorities of any municipality or county | ||||||
30 | may issue, in accordance with Illinois law, bonds,
notes or | ||||||
31 | other obligations secured in whole or in part by the
proceeds | ||||||
32 | of the surcharge described in this Section.
Notwithstanding any | ||||||
33 | change in law subsequent to the issuance of any bonds,
notes or | ||||||
34 | other obligations secured by the surcharge, every
municipality | ||||||
35 | or county issuing such bonds, notes or other
obligations shall | ||||||
36 | be authorized to impose the surcharge as though the
laws |
| |||||||
| |||||||
1 | relating to the imposition of the surcharge in effect
at the | ||||||
2 | time of issuance of the bonds, notes or other
obligations were | ||||||
3 | in full force and effect until the bonds, notes or
other | ||||||
4 | obligations are paid in full. The State of Illinois
pledges and | ||||||
5 | agrees that it will not limit or alter the rights and
powers | ||||||
6 | vested in municipalities and counties by this Section
to impose | ||||||
7 | the surcharge so as to impair the terms of or affect
the | ||||||
8 | security for bonds, notes or other obligations secured
in whole | ||||||
9 | or in part with the proceeds of the surcharge
described in this | ||||||
10 | Section. | ||||||
11 | (k) Any surcharge
collected by or imposed on a | ||||||
12 | telecommunications carrier pursuant to this Section
shall be | ||||||
13 | held to be a special fund in trust for the
municipality, county | ||||||
14 | or Joint Emergency Telephone Board imposing the
surcharge. | ||||||
15 | Except for the 3% deduction provided in subsection (g)
above, | ||||||
16 | the special fund shall not be subject to the claims of
| ||||||
17 | creditors of the telecommunication
carrier. | ||||||
18 | (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff.
1-1-03; 92-557, | ||||||
19 | eff. 1-1-03; revised 10-2-02.)
| ||||||
20 | Section 195.
The Counties Code is amended by changing | ||||||
21 | Section 5-1022 as follows:
| ||||||
22 | (55 ILCS
5/5-1022) (from Ch. 34, par.
5-1022)
| ||||||
23 | Sec. 5-1022.
Competitive bids.
| ||||||
24 | (a) Any purchase
by a county with fewer than 2,000,000 | ||||||
25 | inhabitants of services, materials, equipment or
supplies in | ||||||
26 | excess of $20,000, other than professional services,
shall be | ||||||
27 | contracted for in one of the following
ways:
| ||||||
28 | (1)
by a contract let to the lowest responsible bidder | ||||||
29 | after advertising for bids in
a newspaper published within | ||||||
30 | the county or, if no newspaper
is published within the | ||||||
31 | county, then a newspaper
having general circulation within | ||||||
32 | the county; or
| ||||||
33 | (2)
by a contract let without advertising for bids in | ||||||
34 | the case of an emergency if
authorized by the county board. |
| |||||||
| |||||||
1 | (b) In
determining the lowest responsible bidder, the | ||||||
2 | county board shall take into consideration the
qualities of the | ||||||
3 | articles supplied; their conformity with the
specifications; | ||||||
4 | their suitability to the requirements of the county,
| ||||||
5 | availability of support services; uniqueness of the
service, | ||||||
6 | materials, equipment, or supplies as it applies to
networked, | ||||||
7 | integrated computer systems; compatibility to existing
| ||||||
8 | equipment; and the delivery terms. The county board
also may | ||||||
9 | take into consideration whether a bidder is a private
| ||||||
10 | enterprise or a State-controlled enterprise and,
| ||||||
11 | notwithstanding any other provision of this Section or
a lower | ||||||
12 | bid by a State-controlled enterprise, may let a
contract to the | ||||||
13 | lowest responsible bidder that is a private
enterprise. | ||||||
14 | (c) This Section
does not apply to contracts by a county | ||||||
15 | with the federal government or to purchases of used
equipment, | ||||||
16 | purchases at auction or similar transactions which by
their | ||||||
17 | very nature are not suitable to competitive bids,
pursuant to | ||||||
18 | an ordinance adopted by the county board.
| ||||||
19 | (d)
Notwithstanding the provisions of this Section, a | ||||||
20 | county may let without advertising for bids in the
case of | ||||||
21 | purchases and contracts, when individual orders do not
exceed | ||||||
22 | $25,000, for the use, purchase, delivery, movement, or
| ||||||
23 | installation of data processing equipment, software,
or | ||||||
24 | services and telecommunications and inter-connect
equipment, | ||||||
25 | software, and services. | ||||||
26 | (e) A county may
require, as a condition of any contract | ||||||
27 | for goods and services, that persons awarded a
contract with | ||||||
28 | the county and all affiliates of the person collect
and remit | ||||||
29 | Illinois Use Tax on all sales of tangible personal
property | ||||||
30 | into the State of Illinois in accordance with the
provisions of | ||||||
31 | the Illinois Use Tax Act regardless of whether the
person or | ||||||
32 | affiliate is a "retailer maintaining a place of
business within | ||||||
33 | this State" as defined in Section 2 of the Use Tax
Act. For | ||||||
34 | purposes of this subsection (e), the term "affiliate"
means any | ||||||
35 | entity that (1) directly, indirectly, or
constructively | ||||||
36 | controls another entity, (2) is directly, indirectly,
or |
| |||||||
| |||||||
1 | constructively controlled by another entity, or (3) is
subject | ||||||
2 | to the control of a common entity. For purposes of
this | ||||||
3 | subsection (e), an entity controls another entity if
it owns, | ||||||
4 | directly or individually, more than 10% of the voting
| ||||||
5 | securities of that entity. As used in this subsection
(e), the | ||||||
6 | term "voting security" means a security that (1)
confers upon | ||||||
7 | the holder the right to vote for the election of
members of the | ||||||
8 | board of directors or similar governing body of the
business or | ||||||
9 | (2) is convertible into, or entitles the holder to
receive upon | ||||||
10 | its exercise, a security that confers such a right to
vote. A | ||||||
11 | general partnership interest is a voting
security. | ||||||
12 | (f) Bids
submitted to, and contracts executed by, the | ||||||
13 | county may require a certification by the bidder or
contractor | ||||||
14 | that the bidder or contractor is not barred from
bidding for or | ||||||
15 | entering into a contract under this Section and that
the bidder | ||||||
16 | or contractor acknowledges that the county may declare
the | ||||||
17 | contract void if the certification completed pursuant
to this | ||||||
18 | subsection (f) is false. | ||||||
19 | (Source: P.A. 93-25, eff. 6-20-03; 93-157, eff.
1-1-04; revised | ||||||
20 | 8-12-03.) | ||||||
21 | Section 200.
The Township Code is amended by changing | ||||||
22 | Section 235-20 and by setting forth and renumbering
multiple | ||||||
23 | versions of Sections 30-166 and 85-50 as
follows:
| ||||||
24 | (60 ILCS
1/30-166)
| ||||||
25 | Sec. 30-166.
Civil penalties for false fire alarms. The
| ||||||
26 | township board of any township providing fire
protection | ||||||
27 | services may impose reasonable civil penalties on
individuals | ||||||
28 | who repeatedly cause false fire alarms.
| ||||||
29 | (Source: P.A. 93-302, eff. 1-1-04.)
| ||||||
30 | (60 ILCS
1/30-167)
| ||||||
31 | Sec.
30-167
30-166 . Charge
against non-residents.
| ||||||
32 | (a) The township
board of each township may fix, charge, | ||||||
33 | and collect fees not exceeding the reasonable cost of
the |
| |||||||
| |||||||
1 | service for all services rendered by the township
against | ||||||
2 | persons, businesses, and other entities who are not
residents | ||||||
3 | of the township. | ||||||
4 | (b) The charge
may not be assessed against residents of the | ||||||
5 | township or persons who request fire protection
coverage for an | ||||||
6 | unprotected area and who pay to the township an amount
equal to | ||||||
7 | the township's fire protection tax under Article 200
of this | ||||||
8 | Code. | ||||||
9 | (c) The charge
for such services shall be computed at a | ||||||
10 | rate not to exceed $125 per hour per vehicle and not
to exceed | ||||||
11 | $35 per hour per firefighter responding to a call for
| ||||||
12 | assistance. An additional charge may be levied to
reimburse the | ||||||
13 | township for extraordinary expenses of materials used
in | ||||||
14 | rendering such services. No charge shall be made for
services | ||||||
15 | for which the total charge would be less than
$50. | ||||||
16 | (d) All revenue
from the charges assessed pursuant to this | ||||||
17 | Section shall be deposited into the general fund of
the | ||||||
18 | township. | ||||||
19 | (Source: P.A. 93-304, eff. 7-23-03; revised
9-24-03.)
| ||||||
20 | (60 ILCS
1/85-50)
| ||||||
21 | Sec. 85-50.
Demolition, repair, or enclosure of buildings.
| ||||||
22 | (a) The township
board of any township may formally request | ||||||
23 | the county board to commence specified proceedings
with respect | ||||||
24 | to property located within the township but outside
the | ||||||
25 | territory of any municipality as provided in Section
5-1121 of | ||||||
26 | the Counties Code. If the county board declines the
request as | ||||||
27 | provided in Section 5-1121 of the Counties Code, the
township | ||||||
28 | may exercise its powers under this
Section. | ||||||
29 | (b) The township
board of each township may demolish, | ||||||
30 | repair, or enclose or cause the demolition, repair, or
| ||||||
31 | enclosure of dangerous and unsafe buildings or
uncompleted and | ||||||
32 | abandoned buildings within the territory of the
township and | ||||||
33 | may remove or cause the removal of garbage, debris,
and other | ||||||
34 | hazardous, noxious, or unhealthy substances or
materials from | ||||||
35 | those buildings.
|
| |||||||
| |||||||
1 | The township
board shall apply to the circuit court of the | ||||||
2 | county in which the building is located (i) for an
order | ||||||
3 | authorizing action to be taken with respect to a
building if | ||||||
4 | the owner or owners of the building, including the
lien holders | ||||||
5 | of record, after at least 15 days' written notice by
mail to do | ||||||
6 | so, have failed to commence proceedings to put the
building in | ||||||
7 | a safe condition or to demolish it or (ii) for an
order | ||||||
8 | requiring the owner or owners of record to demolish,
repair, or | ||||||
9 | enclose the building or to remove garbage, debris, and
other | ||||||
10 | hazardous, noxious, or unhealthy substances or
materials from | ||||||
11 | the building. It is not a defense to the cause of
action that | ||||||
12 | the building is boarded up or otherwise enclosed,
although the | ||||||
13 | court may order the defendant to have the building
boarded up | ||||||
14 | or otherwise enclosed. Where, upon diligent search,
the | ||||||
15 | identity or whereabouts of the owner or owners of the
building, | ||||||
16 | including the lien holders of record, is not
ascertainable, | ||||||
17 | notice mailed to the person or persons in whose name
the real | ||||||
18 | estate was last assessed and the posting of the notice
upon the | ||||||
19 | premises sought to be demolished or repaired is
sufficient | ||||||
20 | notice under this Section. | ||||||
21 | The hearing upon
the application to the circuit court shall | ||||||
22 | be expedited by the court and shall be given
precedence over | ||||||
23 | all other suits. | ||||||
24 | The cost of the
demolition, repair, enclosure, or removal | ||||||
25 | incurred by the township, by an intervenor, or by a
lien holder | ||||||
26 | of record, including court costs, attorney's fees, and
other | ||||||
27 | costs related to the enforcement of this Section, is
| ||||||
28 | recoverable from the owner or owners of the real
estate or the | ||||||
29 | previous owner or both if the property was transferred
during | ||||||
30 | the 15-day notice period and is a lien on the real
estate if, | ||||||
31 | within 180 days after the repair, demolition,
enclosure, or | ||||||
32 | removal, the township, the lien holder of record, or
the | ||||||
33 | intervenor who incurred the cost and expense shall
file a | ||||||
34 | notice of lien for the cost and expense incurred in
the office | ||||||
35 | of the recorder in the county in which the real estate
is | ||||||
36 | located or in the office of the registrar of titles of
the |
| |||||||
| |||||||
1 | county if the real estate affected is registered under
the | ||||||
2 | Registered Titles (Torrens) Act. The lien becomes
effective at | ||||||
3 | the time of filing. | ||||||
4 | The notice must
consist of a sworn statement setting out | ||||||
5 | (1) a description of the real estate sufficient for
its | ||||||
6 | identification, (2) the amount of money representing
the cost | ||||||
7 | and expense incurred, and (3) the date or dates when
the cost | ||||||
8 | and expense was incurred by the township, the lien
holder of | ||||||
9 | record, or the intervenor. Upon payment of the cost
and expense | ||||||
10 | by the owner of or persons interested in the property
after the | ||||||
11 | notice of lien has been filed, the lien shall be
released by | ||||||
12 | the township, the person in whose name the lien has
been filed, | ||||||
13 | or the assignee of the lien, and the release may be
filed of | ||||||
14 | record as in the case of filing notice of lien. Unless
the lien | ||||||
15 | is enforced under subsection (c), the lien may be
enforced by | ||||||
16 | foreclosure proceedings as in the case of mortgage
foreclosures | ||||||
17 | under Article XV of the Code of Civil Procedure or
mechanics' | ||||||
18 | lien foreclosures. An action to foreclose this lien
may be | ||||||
19 | commenced at any time after the date of filing of the
notice of | ||||||
20 | lien. The costs of foreclosure incurred by the
township, | ||||||
21 | including court costs, reasonable attorney's fees,
advances to | ||||||
22 | preserve the property, and other costs related to the
| ||||||
23 | enforcement of this subsection, plus statutory
interest, are a | ||||||
24 | lien on the real estate and are recoverable by the
township | ||||||
25 | from the owner or owners of the real
estate. | ||||||
26 | All liens arising
under this subsection (b) shall be | ||||||
27 | assignable. The assignee of the lien shall have the
same power | ||||||
28 | to enforce the lien as the assigning party, except
that the | ||||||
29 | lien may not be enforced under subsection
(c). | ||||||
30 | (c) In any case
where a township has obtained a lien under | ||||||
31 | subsection (b), the township may enforce the lien
under this | ||||||
32 | subsection (c) in the same proceeding in which the
lien is | ||||||
33 | authorized. | ||||||
34 | A township
desiring to enforce a lien under this subsection | ||||||
35 | (c) shall petition the court to retain jurisdiction
for | ||||||
36 | foreclosure proceedings under this subsection. Notice
of the |
| |||||||
| |||||||
1 | petition shall be served, by certified or registered
mail, on | ||||||
2 | all persons who were served notice under subsection
(b). The | ||||||
3 | court shall conduct a hearing on the petition not less
than 15 | ||||||
4 | days after the notice is served. If the court
determines that | ||||||
5 | the requirements of this subsection (c) have been
satisfied, it | ||||||
6 | shall grant the petition and retain jurisdiction over
the | ||||||
7 | matter until the foreclosure proceeding is completed.
The costs | ||||||
8 | of foreclosure incurred by the township, including
court costs, | ||||||
9 | reasonable attorneys' fees, advances to preserve the
property, | ||||||
10 | and other costs related to the enforcement of this
subsection, | ||||||
11 | plus statutory interest, are a lien on the real estate
and are | ||||||
12 | recoverable by the township from the owner or owners
of the | ||||||
13 | real estate. If the court denies the petition, the
township may | ||||||
14 | enforce the lien in a separate action as provided in
subsection | ||||||
15 | (b). | ||||||
16 | All persons
designated in Section 15-1501 of the Code of | ||||||
17 | Civil Procedure as necessary parties in a mortgage
foreclosure | ||||||
18 | action shall be joined as parties before issuance of
an order | ||||||
19 | of foreclosure. Persons designated in Section 15-1501
of the | ||||||
20 | Code of Civil Procedure as permissible parties may
also be | ||||||
21 | joined as parties in the action.
| ||||||
22 | The provisions of
Article XV of the Code of Civil Procedure | ||||||
23 | applicable to mortgage foreclosures shall apply to the
| ||||||
24 | foreclosure of a lien under this subsection (c),
except to the | ||||||
25 | extent that those provisions are inconsistent with
this | ||||||
26 | subsection. For purposes of foreclosures of liens
under this | ||||||
27 | subsection, however, the redemption period described
in | ||||||
28 | subsection (c) of Section 15-1603 of the Code of Civil
| ||||||
29 | Procedure shall end 60 days after the date of entry of
the | ||||||
30 | order of foreclosure. | ||||||
31 | (d) In addition
to any other remedy provided by law, the | ||||||
32 | township board of any township may petition the
circuit court | ||||||
33 | to have property declared abandoned under this
subsection (d) | ||||||
34 | if:
| ||||||
35 | (1)
the property has been tax delinquent for 2 or more | ||||||
36 | years or bills for water
service for the property have been |
| |||||||
| |||||||
1 | outstanding for 2 or more
years;
| ||||||
2 | (2)
the property is unoccupied by persons legally in | ||||||
3 | possession; and
| ||||||
4 | (3)
the property contains a dangerous or unsafe | ||||||
5 | building.
| ||||||
6 | All persons
having an interest of record in the property, | ||||||
7 | including tax purchasers and beneficial owners of any
Illinois | ||||||
8 | land trust having title to the property, shall be
named as | ||||||
9 | defendants in the petition and shall be served with
process. In | ||||||
10 | addition, service shall be had under Section 2-206 of
the Code | ||||||
11 | of Civil Procedure as in other cases affecting
property. | ||||||
12 | The township,
however, may proceed under this subsection in | ||||||
13 | a proceeding brought under subsection (b). Notice of
the | ||||||
14 | petition shall be served by certified or registered
mail on all | ||||||
15 | persons who were served notice under subsection
(b). | ||||||
16 | If the township
proves that the conditions described in | ||||||
17 | this subsection exist and the owner of record of the
property | ||||||
18 | does not enter an appearance in the action, or, if
title to the | ||||||
19 | property is held by an Illinois land trust, if neither
the | ||||||
20 | owner of record nor the owner of the beneficial
interest of the | ||||||
21 | trust enters an appearance, the court shall declare
the | ||||||
22 | property abandoned. | ||||||
23 | If that
determination is made, notice shall be sent by | ||||||
24 | certified or registered mail to all persons having an
interest | ||||||
25 | of record in the property, including tax purchasers
and | ||||||
26 | beneficial owners of any Illinois land trust having
title to | ||||||
27 | the property, stating that title to the property will
be | ||||||
28 | transferred to the township unless, within 30 days of
the | ||||||
29 | notice, the owner of record enters an appearance in
the action, | ||||||
30 | or unless any other person having an interest in the
property | ||||||
31 | files with the court a request to demolish the
dangerous or | ||||||
32 | unsafe building or to put the building in safe
condition. | ||||||
33 | If the owner of
record enters an appearance in the action | ||||||
34 | within the 30-day period, the court shall vacate its
order | ||||||
35 | declaring the property abandoned. In that case, the
township | ||||||
36 | may amend its complaint in order to initiate
proceedings under |
| |||||||
| |||||||
1 | subsection (b). | ||||||
2 | If a request to
demolish or repair the building is filed | ||||||
3 | within the 30-day period, the court shall grant
permission to | ||||||
4 | the requesting party to demolish the building within
30 days or | ||||||
5 | to restore the building to safe condition within 60
days after | ||||||
6 | the request is granted. An extension of that period
for up to | ||||||
7 | 60 additional days may be given for good cause. If
more than | ||||||
8 | one person with an interest in the property files a
timely | ||||||
9 | request, preference shall be given to the person with
the lien | ||||||
10 | or other interest of the highest
priority. | ||||||
11 | If the requesting
party proves to the court that the | ||||||
12 | building has been demolished or put in a safe
condition within | ||||||
13 | the period of time granted by the court, the court
shall issue | ||||||
14 | a quitclaim judicial deed for the property to the
requesting | ||||||
15 | party, conveying only the interest of the owner of
record, upon | ||||||
16 | proof of payment to the township of all costs incurred
by the | ||||||
17 | township in connection with the action, including but
not | ||||||
18 | limited to court costs, attorney's fees,
administrative costs, | ||||||
19 | the costs, if any, associated with building enclosure
or | ||||||
20 | removal, and receiver's certificates. The interest in
the | ||||||
21 | property so conveyed shall be subject to all liens and
| ||||||
22 | encumbrances on the property. In addition, if the
interest is | ||||||
23 | conveyed to a person holding a certificate of purchase
for the | ||||||
24 | property under the Property Tax Code, the conveyance
shall be | ||||||
25 | subject to the rights of redemption of all persons
entitled to | ||||||
26 | redeem under that Act, including the original owner of
record. | ||||||
27 | If no person with
an interest in the property files a | ||||||
28 | timely request or if the requesting party fails to
demolish the | ||||||
29 | building or put the building in safe condition within
the time | ||||||
30 | specified by the court, the township may petition the
court to | ||||||
31 | issue a judicial deed for the property to the county.
A | ||||||
32 | conveyance by judicial deed shall operate to
extinguish all | ||||||
33 | existing ownership interests in, liens on, and other
interest | ||||||
34 | in the property, including tax liens.
| ||||||
35 | (e) This Section
applies only to requests made by townships | ||||||
36 | under subsection (a) before January 1, 2006 and
proceedings to |
| |||||||
| |||||||
1 | implement or enforce this Section with respect to
matters | ||||||
2 | related to or arising from those
requests. | ||||||
3 | (Source: P.A. 92-347, eff. 8-15-01.)
| ||||||
4 | (60 ILCS
1/85-55)
| ||||||
5 | Sec.
85-55
85-50 . Horse-drawn
vehicles. The township board | ||||||
6 | may, by ordinance, license and regulate horse-drawn
vehicles | ||||||
7 | operating within the township. The ordinance may also
(i) | ||||||
8 | prescribe regulations for the safe operation of
horse-drawn | ||||||
9 | vehicles and (ii) require the examination of persons
operating | ||||||
10 | a horse-drawn vehicle. Any annual fee charged for a
license to | ||||||
11 | operate a horse-drawn vehicle may not exceed $50. Any
fees | ||||||
12 | charged for a license to operate a horse-drawn vehicle
within | ||||||
13 | the township must be used for the improvement of
township | ||||||
14 | roads. | ||||||
15 | For the purposes
of this Section, "horse-drawn vehicle" | ||||||
16 | means any vehicle powered by any animal of the equine
family. | ||||||
17 | (Source: P.A. 92-613, eff. 1-1-03; revised
8-26-02.)
| ||||||
18 | (60 ILCS
1/235-20)
| ||||||
19 | Sec. 235-20.
General assistance tax.
| ||||||
20 | (a) The township
board may raise money by taxation deemed | ||||||
21 | necessary to be expended to provide general assistance
in the | ||||||
22 | township to persons needing that assistance as
provided in the | ||||||
23 | Illinois Public Aid Code, including persons eligible
for | ||||||
24 | assistance under the Military Veterans Assistance Act,
where | ||||||
25 | that duty is provided by law. The tax for each fiscal
year | ||||||
26 | shall not be more than 0.10% of value, or more than an
amount | ||||||
27 | approved at a referendum held under this Section, as
equalized | ||||||
28 | or assessed by the Department of Revenue, and shall in
no case | ||||||
29 | exceed the amount needed in the township for general
| ||||||
30 | assistance. The board may decrease the maximum tax
rate by | ||||||
31 | ordinance. | ||||||
32 | (b) Except as
otherwise provided in this subsection, if the | ||||||
33 | board desires to increase the maximum tax rate, it
shall order | ||||||
34 | a referendum on that proposition to be held at an
election in |
| |||||||
| |||||||
1 | accordance with the general election law. The board
shall | ||||||
2 | certify the proposition to the proper election
officials, who | ||||||
3 | shall submit the proposition to the voters at an
election in | ||||||
4 | accordance with the general election law. If a
majority of the | ||||||
5 | votes cast on the proposition is in favor of the
proposition, | ||||||
6 | the board may annually levy the tax at a rate not
exceeding the | ||||||
7 | higher rate approved by the voters at the election.
If, | ||||||
8 | however, the board has decreased the maximum tax rate
under | ||||||
9 | subsection (a), then it may, at any time after the
decrease, | ||||||
10 | increase the maximum tax rate, by ordinance, to a rate
less | ||||||
11 | than or equal to the maximum tax rate immediately
prior to the | ||||||
12 | board's ordinance to decrease the rate.
| ||||||
13 | (c) If a city,
village, or incorporated town having a | ||||||
14 | population of more than 500,000 is located within or
partially | ||||||
15 | within a township, then the entire amount of the tax
levied by | ||||||
16 | the township for the purpose of providing general
assistance | ||||||
17 | under this Section on property lying within that city,
village, | ||||||
18 | or incorporated town, less the amount allowed for
collecting | ||||||
19 | the tax, shall be paid over by the treasurer of the
township to | ||||||
20 | the treasurer of the city, village, or incorporated
town to be | ||||||
21 | appropriated and used by the city, village, or
incorporated | ||||||
22 | town for the relief and support of persons needing
general | ||||||
23 | assistance residing in that portion of the city,
village, or | ||||||
24 | incorporated town located within the township in
accordance | ||||||
25 | with the Illinois Public Aid Code.
| ||||||
26 | (d) Any taxes
levied for general assistance before or after | ||||||
27 | this Section takes effect may also be used for the
payment of | ||||||
28 | warrants issued against and in anticipation of those
taxes and | ||||||
29 | accrued interest on those warrants and may also be
used to pay | ||||||
30 | the cost of administering that
assistance. | ||||||
31 | (e) In any
township with a population of less than 500,000 | ||||||
32 | that receives no State funding for the general
assistance | ||||||
33 | program and that has not issued anticipation warrants
or | ||||||
34 | otherwise borrowed monies for the administration of
the general | ||||||
35 | assistance program during the township's previous 3
fiscal | ||||||
36 | years of operation, a one time transfer of monies from
the |
| |||||||
| |||||||
1 | township's general assistance fund may be made to the
general | ||||||
2 | township fund pursuant to action by the township
board. This | ||||||
3 | transfer may occur only to the extent that the amount
of monies | ||||||
4 | remaining in the general assistance fund after the
transfer is | ||||||
5 | equal to the greater of (i) the amount of the
township's | ||||||
6 | expenditures in the previous fiscal year for general
assistance | ||||||
7 | or (ii) an amount equal to either 0.10% of the last
known total | ||||||
8 | equalized value of all taxable property in the
township, or | ||||||
9 | 100% of the highest amount levied for general
assistance | ||||||
10 | purposes in any of the three previous fiscal years.
The | ||||||
11 | transfer shall be completed no later than one year
after the | ||||||
12 | effective date of this amendatory Act of the 92nd
General | ||||||
13 | Assembly. No township that has certified a new levy or
an | ||||||
14 | increase in the levy under this Section during
calendar year | ||||||
15 | 2002 may transfer monies under this subsection. No
action on | ||||||
16 | the transfer of monies under this subsection shall be
taken by | ||||||
17 | the township board except at a township board meeting.
No | ||||||
18 | monies transferred under this subsection shall be
considered in | ||||||
19 | determining whether the township qualifies for State
funds to | ||||||
20 | supplement local funds for public aid purposes under
Section | ||||||
21 | 12-21.13 of the Illinois Public Aid Code.
| ||||||
22 | (Source: P.A. 92-558, eff. 6-24-02; 92-718, eff.
7-25-02; | ||||||
23 | revised 9-9-02.) | ||||||
24 | Section 205.
The Illinois Municipal Code is amended by | ||||||
25 | changing Sections 8-11-1.2, 11-31-1, and 11-124-1 as
follows:
| ||||||
26 | (65 ILCS
5/8-11-1.2) (from Ch. 24, par.
8-11-1.2)
| ||||||
27 | Sec. 8-11-1.2.
Definition. As used in Sections 8-11-1.3,
| ||||||
28 | 8-11-1.4 and 8-11-1.5 of this Act:
| ||||||
29 | (a) "Public
infrastructure" means municipal roads and | ||||||
30 | streets, access roads, bridges, and sidewalks; waste
disposal | ||||||
31 | systems; and water and sewer line extensions, water
| ||||||
32 | distribution and purification facilities, storm water
drainage | ||||||
33 | and retention facilities, and sewage treatment
facilities. For | ||||||
34 | purposes of referenda authorizing the imposition of
taxes by |
| |||||||
| |||||||
1 | the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4,
and | ||||||
2 | 8-11-1.5 of this Act that are approved in November,
2002, | ||||||
3 | "public infrastructure" shall also include public
schools. | ||||||
4 | (b) "Property tax
relief" means the action of a | ||||||
5 | municipality to reduce the levy for real estate taxes
or avoid | ||||||
6 | an increase in the levy for real estate taxes that
would | ||||||
7 | otherwise have been required. Property tax relief or
the | ||||||
8 | avoidance of property tax must uniformly apply to all
classes | ||||||
9 | of property. | ||||||
10 | (Source: P.A. 91-51, eff. 6-30-99; 92-739, eff.
1-1-03; 92-815, | ||||||
11 | eff. 8-21-02; revised 9-10-02.)
| ||||||
12 | (65 ILCS
5/11-31-1) (from Ch. 24, par.
11-31-1)
| ||||||
13 | Sec. 11-31-1.
Demolition, repair, enclosure, or | ||||||
14 | remediation.
| ||||||
15 | (a) The corporate
authorities of each municipality may | ||||||
16 | demolish, repair, or enclose or cause the demolition,
repair, | ||||||
17 | or enclosure of dangerous and unsafe buildings or
uncompleted | ||||||
18 | and abandoned buildings within the territory of the
| ||||||
19 | municipality and may remove or cause the removal of
garbage, | ||||||
20 | debris, and other hazardous, noxious, or unhealthy
substances | ||||||
21 | or materials from those buildings. In any county
having adopted | ||||||
22 | by referendum or otherwise a county health department
as | ||||||
23 | provided by Division 5-25 of the Counties Code or its
| ||||||
24 | predecessor, the county board of that county may
exercise those | ||||||
25 | powers with regard to dangerous and unsafe buildings
or | ||||||
26 | uncompleted and abandoned buildings within the
territory of any | ||||||
27 | city, village, or incorporated town having less than
50,000 | ||||||
28 | population. | ||||||
29 | The corporate
authorities shall apply to the circuit court | ||||||
30 | of the county in which the building is located (i) for
an order | ||||||
31 | authorizing action to be taken with respect to a
building if | ||||||
32 | the owner or owners of the building, including the
lien holders | ||||||
33 | of record, after at least 15 days' written notice by
mail so to | ||||||
34 | do, have failed to put the building in a safe
condition or to | ||||||
35 | demolish it or (ii) for an order requiring the owner
or owners |
| |||||||
| |||||||
1 | of record to demolish, repair, or enclose the building
or to | ||||||
2 | remove garbage, debris, and other hazardous, noxious,
or | ||||||
3 | unhealthy substances or materials from the building.
It is not | ||||||
4 | a defense to the cause of action that the building is
boarded | ||||||
5 | up or otherwise enclosed, although the court may order
the | ||||||
6 | defendant to have the building boarded up or otherwise
| ||||||
7 | enclosed. Where, upon diligent search, the identity or
| ||||||
8 | whereabouts of the owner or owners of the building,
including | ||||||
9 | the lien holders of record, is not ascertainable,
notice mailed | ||||||
10 | to the person or persons in whose name the real estate
was last | ||||||
11 | assessed is sufficient notice under this
Section. | ||||||
12 | The hearing upon
the application to the circuit court shall | ||||||
13 | be expedited by the court and shall be given
precedence over | ||||||
14 | all other suits. Any person entitled to bring an
action under | ||||||
15 | subsection (b) shall have the right to intervene in an
action | ||||||
16 | brought under this Section. | ||||||
17 | The cost of the
demolition, repair, enclosure, or removal | ||||||
18 | incurred by the municipality, by an intervenor, or by
a lien | ||||||
19 | holder of record, including court costs, attorney's
fees, and | ||||||
20 | other costs related to the enforcement of this
Section, is | ||||||
21 | recoverable from the owner or owners of the real
estate or the | ||||||
22 | previous owner or both if the property was transferred
during | ||||||
23 | the 15 day notice period and is a lien on the real
estate; the | ||||||
24 | lien is superior to all prior existing liens and
encumbrances, | ||||||
25 | except taxes, if, within 180 days after the repair,
demolition, | ||||||
26 | enclosure, or removal, the municipality, the lien
holder of | ||||||
27 | record, or the intervenor who incurred the cost and
expense | ||||||
28 | shall file a notice of lien for the cost and expense
incurred | ||||||
29 | in the office of the recorder in the county in which
the real | ||||||
30 | estate is located or in the office of the registrar of
titles | ||||||
31 | of the county if the real estate affected is
registered under | ||||||
32 | the Registered Titles (Torrens) Act.
| ||||||
33 | The notice must
consist of a sworn statement setting out | ||||||
34 | (1) a description of the real estate sufficient for
its | ||||||
35 | identification, (2) the amount of money representing
the cost | ||||||
36 | and expense incurred, and (3) the date or dates when
the cost |
| |||||||
| |||||||
1 | and expense was incurred by the municipality, the lien
holder | ||||||
2 | of record, or the intervenor. Upon payment of the cost
and | ||||||
3 | expense by the owner of or persons interested in the
property | ||||||
4 | after the notice of lien has been filed, the lien
shall be | ||||||
5 | released by the municipality, the person in whose name
the lien | ||||||
6 | has been filed, or the assignee of the lien, and the
release | ||||||
7 | may be filed of record as in the case of filing notice
of lien. | ||||||
8 | Unless the lien is enforced under subsection (c), the
lien may | ||||||
9 | be enforced by foreclosure proceedings as in the case
of | ||||||
10 | mortgage foreclosures under Article XV of the Code of
Civil | ||||||
11 | Procedure or mechanics' lien foreclosures. An action
to | ||||||
12 | foreclose this lien may be commenced at any time after
the date | ||||||
13 | of filing of the notice of lien. The costs of
foreclosure | ||||||
14 | incurred by the municipality, including court costs,
| ||||||
15 | reasonable attorney's fees, advances to preserve the
property, | ||||||
16 | and other costs related to the enforcement of this
subsection, | ||||||
17 | plus statutory interest, are a lien on the real estate
and are | ||||||
18 | recoverable by the municipality from the owner or
owners of the | ||||||
19 | real estate. | ||||||
20 | All liens arising
under this subsection (a) shall be | ||||||
21 | assignable. The assignee of the lien shall have the
same power | ||||||
22 | to enforce the lien as the assigning party, except
that the | ||||||
23 | lien may not be enforced under subsection
(c). | ||||||
24 | If the
appropriate official of any municipality determines | ||||||
25 | that any dangerous and unsafe building or uncompleted
and | ||||||
26 | abandoned building within its territory fulfills the
| ||||||
27 | requirements for an action by the municipality under
the | ||||||
28 | Abandoned Housing Rehabilitation Act, the municipality
may | ||||||
29 | petition under that Act in a proceeding brought under
this | ||||||
30 | subsection. | ||||||
31 | (b) Any owner or
tenant of real property within 1200 feet | ||||||
32 | in any direction of any dangerous or unsafe building
located | ||||||
33 | within the territory of a municipality with a
population of | ||||||
34 | 500,000 or more may file with the appropriate
municipal | ||||||
35 | authority a request that the municipality apply to the
circuit | ||||||
36 | court of the county in which the building is located
for an |
| |||||||
| |||||||
1 | order permitting the demolition, removal of garbage,
debris, | ||||||
2 | and other noxious or unhealthy substances and
materials from, | ||||||
3 | or repair or enclosure of the building in the manner
prescribed | ||||||
4 | in subsection (a) of this Section. If the municipality
fails to | ||||||
5 | institute an action in circuit court within 90 days
after the | ||||||
6 | filing of the request, the owner or tenant of real
property | ||||||
7 | within 1200 feet in any direction of the building may
institute | ||||||
8 | an action in circuit court seeking an order compelling
the | ||||||
9 | owner or owners of record to demolish, remove garbage,
debris, | ||||||
10 | and other noxious or unhealthy substances and
materials from, | ||||||
11 | repair or enclose or to cause to be demolished, have
garbage, | ||||||
12 | debris, and other noxious or unhealthy substances and
materials | ||||||
13 | removed from, repaired, or enclosed the building in
question. A | ||||||
14 | private owner or tenant who institutes an action under
the | ||||||
15 | preceding sentence shall not be required to pay any
fee to the | ||||||
16 | clerk of the circuit court. The cost of repair,
removal, | ||||||
17 | demolition, or enclosure shall be borne by the owner
or owners | ||||||
18 | of record of the building. In the event the owner or
owners of | ||||||
19 | record fail to demolish, remove garbage, debris, and
other | ||||||
20 | noxious or unhealthy substances and materials from,
repair, or | ||||||
21 | enclose the building within 90 days of the date the
court | ||||||
22 | entered its order, the owner or tenant who instituted
the | ||||||
23 | action may request that the court join the
municipality as a | ||||||
24 | party to the action. The court may order the
municipality to | ||||||
25 | demolish, remove materials from, repair, or enclose
the | ||||||
26 | building, or cause that action to be taken upon the
request of | ||||||
27 | any owner or tenant who instituted the action or upon
the | ||||||
28 | municipality's request. The municipality may file, and
the | ||||||
29 | court may approve, a plan for rehabilitating the
building in | ||||||
30 | question. A court order authorizing the municipality
to | ||||||
31 | demolish, remove materials from, repair, or enclose a
building, | ||||||
32 | or cause that action to be taken, shall not preclude
the court | ||||||
33 | from adjudging the owner or owners of record of the
building in | ||||||
34 | contempt of court due to the failure to comply with
the order | ||||||
35 | to demolish, remove garbage, debris, and other noxious
or | ||||||
36 | unhealthy substances and materials from, repair, or
enclose the |
| |||||||
| |||||||
1 | building. | ||||||
2 | If a municipality
or a person or persons other than the | ||||||
3 | owner or owners of record pay the cost of demolition,
removal | ||||||
4 | of garbage, debris, and other noxious or unhealthy
substances | ||||||
5 | and materials, repair, or enclosure pursuant to a
court order, | ||||||
6 | the cost, including court costs, attorney's fees, and
other | ||||||
7 | costs related to the enforcement of this subsection,
is | ||||||
8 | recoverable from the owner or owners of the real
estate and is | ||||||
9 | a lien on the real estate; the lien is superior to all
prior | ||||||
10 | existing liens and encumbrances, except taxes, if,
within 180 | ||||||
11 | days after the repair, removal, demolition, or
enclosure, the | ||||||
12 | municipality or the person or persons who paid the
costs of | ||||||
13 | demolition, removal, repair, or enclosure shall file a
notice | ||||||
14 | of lien of the cost and expense incurred in the office
of the | ||||||
15 | recorder in the county in which the real estate is
located or | ||||||
16 | in the office of the registrar of the county if the
real estate | ||||||
17 | affected is registered under the Registered Titles
(Torrens) | ||||||
18 | Act. The notice shall be in a form as is provided in
subsection | ||||||
19 | (a). An owner or tenant who institutes an action in
circuit | ||||||
20 | court seeking an order to compel the owner or owners
of record | ||||||
21 | to demolish, remove materials from, repair, or enclose
any | ||||||
22 | dangerous or unsafe building, or to cause that action
to be | ||||||
23 | taken under this subsection may recover court costs
and | ||||||
24 | reasonable attorney's fees for instituting the action
from the | ||||||
25 | owner or owners of record of the building. Upon
payment of the | ||||||
26 | costs and expenses by the owner of or a person
interested in | ||||||
27 | the property after the notice of lien has been filed,
the lien | ||||||
28 | shall be released by the municipality or the person in
whose | ||||||
29 | name the lien has been filed or his or her assignee,
and the | ||||||
30 | release may be filed of record as in the case of
filing a | ||||||
31 | notice of lien. Unless the lien is enforced under
subsection | ||||||
32 | (c), the lien may be enforced by foreclosure
proceedings as in | ||||||
33 | the case of mortgage foreclosures under Article XV of
the Code | ||||||
34 | of Civil Procedure or mechanics' lien foreclosures. An
action | ||||||
35 | to foreclose this lien may be commenced at any time
after the | ||||||
36 | date of filing of the notice of lien. The costs of
foreclosure |
| |||||||
| |||||||
1 | incurred by the municipality, including court costs,
| ||||||
2 | reasonable attorneys' fees, advances to preserve the
property, | ||||||
3 | and other costs related to the enforcement of this
subsection, | ||||||
4 | plus statutory interest, are a lien on the real estate
and are | ||||||
5 | recoverable by the municipality from the owner or
owners of the | ||||||
6 | real estate. | ||||||
7 | All liens arising
under the terms of this subsection (b) | ||||||
8 | shall be assignable. The assignee of the lien shall
have the | ||||||
9 | same power to enforce the lien as the assigning party,
except | ||||||
10 | that the lien may not be enforced under subsection
(c). | ||||||
11 | (c) In any case
where a municipality has obtained a lien | ||||||
12 | under subsection (a), (b), or (f), the municipality
may enforce | ||||||
13 | the lien under this subsection (c) in the same
proceeding in | ||||||
14 | which the lien is authorized.
| ||||||
15 | A municipality
desiring to enforce a lien under this | ||||||
16 | subsection (c) shall petition the court to retain
jurisdiction | ||||||
17 | for foreclosure proceedings under this subsection.
Notice of | ||||||
18 | the petition shall be served, by certified or
registered mail, | ||||||
19 | on all persons who were served notice under subsection
(a), | ||||||
20 | (b), or (f). The court shall conduct a hearing on the
petition | ||||||
21 | not less than 15 days after the notice is served. If
the court | ||||||
22 | determines that the requirements of this subsection
(c) have | ||||||
23 | been satisfied, it shall grant the petition and retain
| ||||||
24 | jurisdiction over the matter until the foreclosure
proceeding | ||||||
25 | is completed. The costs of foreclosure incurred by the
| ||||||
26 | municipality, including court costs, reasonable
attorneys' | ||||||
27 | fees, advances to preserve the property, and other
costs | ||||||
28 | related to the enforcement of this subsection, plus
statutory | ||||||
29 | interest, are a lien on the real estate and are
recoverable by | ||||||
30 | the municipality from the owner or owners of the real
estate. | ||||||
31 | If the court denies the petition, the municipality may
enforce | ||||||
32 | the lien in a separate action as provided in
subsection (a), | ||||||
33 | (b), or (f). | ||||||
34 | All persons
designated in Section 15-1501 of the Code of | ||||||
35 | Civil Procedure as necessary parties in a mortgage
foreclosure | ||||||
36 | action shall be joined as parties before issuance of
an order |
| |||||||
| |||||||
1 | of foreclosure. Persons designated in Section 15-1501
of the | ||||||
2 | Code of Civil Procedure as permissible parties may
also be | ||||||
3 | joined as parties in the action.
| ||||||
4 | The provisions of
Article XV of the Code of Civil Procedure | ||||||
5 | applicable to mortgage foreclosures shall apply to the
| ||||||
6 | foreclosure of a lien under this subsection (c),
except to the | ||||||
7 | extent that those provisions are inconsistent with
this | ||||||
8 | subsection. For purposes of foreclosures of liens
under this | ||||||
9 | subsection, however, the redemption period described
in | ||||||
10 | subsection (b) of Section 15-1603 of the Code of Civil
| ||||||
11 | Procedure shall end 60 days after the date of entry of
the | ||||||
12 | order of foreclosure. | ||||||
13 | (d) In addition
to any other remedy provided by law, the | ||||||
14 | corporate authorities of any municipality may petition
the | ||||||
15 | circuit court to have property declared abandoned
under this | ||||||
16 | subsection (d) if:
| ||||||
17 | (1)
the property has been tax delinquent for 2 or more | ||||||
18 | years or bills for water
service for the property have been | ||||||
19 | outstanding for 2 or more
years;
| ||||||
20 | (2)
the property is unoccupied by persons legally in | ||||||
21 | possession; and
| ||||||
22 | (3)
the property contains a dangerous or unsafe | ||||||
23 | building.
| ||||||
24 | All persons
having an interest of record in the property, | ||||||
25 | including tax purchasers and beneficial owners of any
Illinois | ||||||
26 | land trust having title to the property, shall be
named as | ||||||
27 | defendants in the petition and shall be served with
process. In | ||||||
28 | addition, service shall be had under Section 2-206 of
the Code | ||||||
29 | of Civil Procedure as in other cases affecting
property. | ||||||
30 | The municipality,
however, may proceed under this | ||||||
31 | subsection in a proceeding brought under subsection
(a) or (b). | ||||||
32 | Notice of the petition shall be served by certified or
| ||||||
33 | registered mail on all persons who were served notice
under | ||||||
34 | subsection (a) or (b). | ||||||
35 | If the
municipality proves that the conditions described in | ||||||
36 | this subsection exist and the owner of record of the
property |
| |||||||
| |||||||
1 | does not enter an appearance in the action, or, if
title to the | ||||||
2 | property is held by an Illinois land trust, if neither
the | ||||||
3 | owner of record nor the owner of the beneficial
interest of the | ||||||
4 | trust enters an appearance, the court shall declare
the | ||||||
5 | property abandoned. | ||||||
6 | If that
determination is made, notice shall be sent by | ||||||
7 | certified or registered mail to all persons having an
interest | ||||||
8 | of record in the property, including tax purchasers
and | ||||||
9 | beneficial owners of any Illinois land trust having
title to | ||||||
10 | the property, stating that title to the property will
be | ||||||
11 | transferred to the municipality unless, within 30 days
of the | ||||||
12 | notice, the owner of record enters an appearance in
the action, | ||||||
13 | or unless any other person having an interest in the
property | ||||||
14 | files with the court a request to demolish the
dangerous or | ||||||
15 | unsafe building or to put the building in safe
condition. | ||||||
16 | If the owner of
record enters an appearance in the action | ||||||
17 | within the 30 day period, the court shall vacate its
order | ||||||
18 | declaring the property abandoned. In that case, the
| ||||||
19 | municipality may amend its complaint in order to
initiate | ||||||
20 | proceedings under subsection (a).
| ||||||
21 | If a request to
demolish or repair the building is filed | ||||||
22 | within the 30 day period, the court shall grant
permission to | ||||||
23 | the requesting party to demolish the building within
30 days or | ||||||
24 | to restore the building to safe condition within 60
days after | ||||||
25 | the request is granted. An extension of that period
for up to | ||||||
26 | 60 additional days may be given for good cause. If
more than | ||||||
27 | one person with an interest in the property files a
timely | ||||||
28 | request, preference shall be given to the person with
the lien | ||||||
29 | or other interest of the highest
priority. | ||||||
30 | If the requesting
party proves to the court that the | ||||||
31 | building has been demolished or put in a safe
condition within | ||||||
32 | the period of time granted by the court, the court
shall issue | ||||||
33 | a quitclaim judicial deed for the property to the
requesting | ||||||
34 | party, conveying only the interest of the owner of
record, upon | ||||||
35 | proof of payment to the municipality of all costs
incurred by | ||||||
36 | the municipality in connection with the action,
including but |
| |||||||
| |||||||
1 | not limited to court costs, attorney's fees,
administrative | ||||||
2 | costs, the costs, if any, associated with building
enclosure or | ||||||
3 | removal, and receiver's certificates. The interest in
the | ||||||
4 | property so conveyed shall be subject to all liens and
| ||||||
5 | encumbrances on the property. In addition, if the
interest is | ||||||
6 | conveyed to a person holding a certificate of purchase
for the | ||||||
7 | property under the Property Tax Code, the conveyance
shall be | ||||||
8 | subject to the rights of redemption of all persons
entitled to | ||||||
9 | redeem under that Act, including the original owner of
record. | ||||||
10 | If no person with
an interest in the property files a | ||||||
11 | timely request or if the requesting party fails to
demolish the | ||||||
12 | building or put the building in safe condition within
the time | ||||||
13 | specified by the court, the municipality may petition
the court | ||||||
14 | to issue a judicial deed for the property to the
municipality. | ||||||
15 | A conveyance by judicial deed shall operate to
extinguish all | ||||||
16 | existing ownership interests in, liens on, and other
interest | ||||||
17 | in the property, including tax liens, and shall
extinguish the | ||||||
18 | rights and interests of any and all holders of a bona
fide | ||||||
19 | certificate of purchase of the property for delinquent
taxes. | ||||||
20 | Any such bona fide certificate of purchase holder
shall be | ||||||
21 | entitled to a sale in error as prescribed under
Section 21-310 | ||||||
22 | of the Property Tax Code. | ||||||
23 | (e) Each
municipality may use the provisions of this | ||||||
24 | subsection to expedite the removal of certain
buildings that | ||||||
25 | are a continuing hazard to the community in which they
are | ||||||
26 | located. | ||||||
27 | If a residential
or commercial building is 3 stories or | ||||||
28 | less in height as defined by the municipality's
building code, | ||||||
29 | and the corporate official designated to be in charge
of | ||||||
30 | enforcing the municipality's building code determines
that the | ||||||
31 | building is open and vacant and an immediate and
continuing | ||||||
32 | hazard to the community in which the building is
located, then | ||||||
33 | the official shall be authorized to post a notice not
less than | ||||||
34 | 2 feet by 2 feet in size on the front of the building.
The | ||||||
35 | notice shall be dated as of the date of the posting
and shall | ||||||
36 | state that unless the building is demolished,
repaired, or |
| |||||||
| |||||||
1 | enclosed, and unless any garbage, debris, and other
hazardous, | ||||||
2 | noxious, or unhealthy substances or materials are
removed so | ||||||
3 | that an immediate and continuing hazard to the
community no | ||||||
4 | longer exists, then the building may be demolished,
repaired, | ||||||
5 | or enclosed, or any garbage, debris, and other
hazardous, | ||||||
6 | noxious, or unhealthy substances or materials may be
removed, | ||||||
7 | by the municipality. | ||||||
8 | Not later than 30
days following the posting of the notice, | ||||||
9 | the municipality shall do all of the
following:
| ||||||
10 | (1)
Cause to be sent, by certified mail, return receipt | ||||||
11 | requested, a Notice to
Remediate to all owners of record of | ||||||
12 | the property, the beneficial
owners of any Illinois land | ||||||
13 | trust having title to the
property, and all lienholders of | ||||||
14 | record in the property,
stating the intent of the | ||||||
15 | municipality to demolish,
repair, or enclose the building | ||||||
16 | or remove any garbage, debris,
or other hazardous, noxious, | ||||||
17 | or unhealthy substances or
materials if that action is not | ||||||
18 | taken by the owner or
owners.
| ||||||
19 | (2)
Cause to be published, in a newspaper published or | ||||||
20 | circulated in the municipality
where the building is | ||||||
21 | located, a notice setting
forth (i) the permanent tax index | ||||||
22 | number and the address of the
building, (ii) a statement | ||||||
23 | that the property is open and
vacant and constitutes an | ||||||
24 | immediate and continuing
hazard to the community, and (iii) | ||||||
25 | a statement that the
municipality intends to demolish, | ||||||
26 | repair, or enclose the
building or remove any garbage, | ||||||
27 | debris, or other hazardous,
noxious, or unhealthy | ||||||
28 | substances or materials if the
owner or owners or | ||||||
29 | lienholders of record fail to
do so. This notice shall be | ||||||
30 | published for 3 consecutive
days.
| ||||||
31 | (3)
Cause to be recorded the Notice to Remediate mailed | ||||||
32 | under paragraph (1) in the
office of the recorder in the | ||||||
33 | county in which the real
estate is located or in the office | ||||||
34 | of the registrar of titles of
the county if the real estate | ||||||
35 | is registered under the
Registered Title (Torrens) Act. | ||||||
36 | Any person or
persons with a current legal or equitable |
| |||||||
| |||||||
1 | interest in the property objecting to the proposed
actions of | ||||||
2 | the corporate authorities may file his or her
objection in an | ||||||
3 | appropriate form in a court of competent
jurisdiction. | ||||||
4 | If the building
is not demolished, repaired, or enclosed, | ||||||
5 | or the garbage, debris, or other hazardous, noxious,
or | ||||||
6 | unhealthy substances or materials are not removed,
within 30 | ||||||
7 | days of mailing the notice to the owners of record,
the | ||||||
8 | beneficial owners of any Illinois land trust having
title to | ||||||
9 | the property, and all lienholders of record in the
property, or | ||||||
10 | within 30 days of the last day of publication of the
notice, | ||||||
11 | whichever is later, the corporate authorities shall
have the | ||||||
12 | power to demolish, repair, or enclose the building or
to remove | ||||||
13 | any garbage, debris, or other hazardous, noxious, or
unhealthy | ||||||
14 | substances or materials. | ||||||
15 | The municipality
may proceed to demolish, repair, or | ||||||
16 | enclose a building or remove any garbage, debris, or
other | ||||||
17 | hazardous, noxious, or unhealthy substances or
materials under | ||||||
18 | this subsection within a 120-day period following the
date of | ||||||
19 | the mailing of the notice if the appropriate official
| ||||||
20 | determines that the demolition, repair, enclosure, or
removal | ||||||
21 | of any garbage, debris, or other hazardous, noxious,
or | ||||||
22 | unhealthy substances or materials is necessary to
remedy the | ||||||
23 | immediate and continuing hazard. If, however, before
the | ||||||
24 | municipality proceeds with any of the actions
authorized by | ||||||
25 | this subsection, any person with a legal or equitable
interest | ||||||
26 | in the property has sought a hearing under this
subsection | ||||||
27 | before a court and has served a copy of the complaint
on the | ||||||
28 | chief executive officer of the municipality, then the
| ||||||
29 | municipality shall not proceed with the demolition,
repair, | ||||||
30 | enclosure, or removal of garbage, debris, or other
substances | ||||||
31 | until the court determines that that action is
necessary to | ||||||
32 | remedy the hazard and issues an order authorizing the
| ||||||
33 | municipality to do so. If the court dismisses the
action for | ||||||
34 | want of prosecution, the municipality must send the
objector a | ||||||
35 | copy of the dismissal order and a letter stating that
the | ||||||
36 | demolition, repair, enclosure, or removal of garbage,
debris, |
| |||||||
| |||||||
1 | or other substances will proceed unless, within 30
days after | ||||||
2 | the copy of the order and the letter are mailed, the
objector | ||||||
3 | moves to vacate the dismissal and serves a copy of the
motion | ||||||
4 | on the chief executive officer of the municipality.
| ||||||
5 | Notwithstanding any other law to the contrary, if the
objector | ||||||
6 | does not file a motion and give the required notice,
if the | ||||||
7 | motion is denied by the court, or if the action is
again | ||||||
8 | dismissed for want of prosecution, then the dismissal
is with | ||||||
9 | prejudice and the demolition, repair, enclosure, or
removal may | ||||||
10 | proceed forthwith. | ||||||
11 | Following the
demolition, repair, or enclosure of a | ||||||
12 | building, or the removal of garbage, debris, or other
| ||||||
13 | hazardous, noxious, or unhealthy substances or
materials under | ||||||
14 | this subsection, the municipality may file a notice of
lien | ||||||
15 | against the real estate for the cost of the
demolition, repair, | ||||||
16 | enclosure, or removal within 180 days after the
repair, | ||||||
17 | demolition, enclosure, or removal occurred, for the
cost and | ||||||
18 | expense incurred, in the office of the recorder in the
county | ||||||
19 | in which the real estate is located or in the office
of the | ||||||
20 | registrar of titles of the county if the real estate
affected | ||||||
21 | is registered under the Registered Titles (Torrens)
Act; this | ||||||
22 | lien has priority over the interests of those parties
named in | ||||||
23 | the Notice to Remediate mailed under paragraph (1),
but not | ||||||
24 | over the interests of third party purchasers or
encumbrancers | ||||||
25 | for value who obtained their interests in the property
before | ||||||
26 | obtaining actual or constructive notice of the lien.
The notice | ||||||
27 | of lien shall consist of a sworn statement setting
forth (i) a | ||||||
28 | description of the real estate, such as the address or
other | ||||||
29 | description of the property, sufficient for its
| ||||||
30 | identification; (ii) the expenses incurred by the
municipality | ||||||
31 | in undertaking the remedial actions authorized under
this | ||||||
32 | subsection; (iii) the date or dates the expenses were
incurred | ||||||
33 | by the municipality; (iv) a statement by the corporate
official | ||||||
34 | responsible for enforcing the building code that the
building | ||||||
35 | was open and vacant and constituted an immediate and
continuing | ||||||
36 | hazard to the community; (v) a statement by the
corporate |
| |||||||
| |||||||
1 | official that the required sign was posted on the
building, | ||||||
2 | that notice was sent by certified mail to the owners
of record, | ||||||
3 | and that notice was published in accordance with this
| ||||||
4 | subsection; and (vi) a statement as to when and where
the | ||||||
5 | notice was published. The lien authorized by this
subsection | ||||||
6 | may thereafter be released or enforced by the
municipality as | ||||||
7 | provided in subsection (a). | ||||||
8 | (f) The corporate
authorities of each municipality may | ||||||
9 | remove or cause the removal of, or otherwise
environmentally | ||||||
10 | remediate hazardous substances and petroleum products
on, in, | ||||||
11 | or under any abandoned and unsafe property within the
territory | ||||||
12 | of a municipality. In addition, where preliminary
evidence | ||||||
13 | indicates the presence or likely presence of a
hazardous | ||||||
14 | substance or a petroleum product or a release or a
substantial | ||||||
15 | threat of a release of a hazardous substance or a
petroleum | ||||||
16 | product on, in, or under the property, the corporate
| ||||||
17 | authorities of the municipality may inspect the
property and | ||||||
18 | test for the presence or release of hazardous
substances and | ||||||
19 | petroleum products. In any county having adopted by
referendum | ||||||
20 | or otherwise a county health department as provided by
Division | ||||||
21 | 5-25 of the Counties Code or its predecessor, the
county board | ||||||
22 | of that county may exercise the above-described powers
with | ||||||
23 | regard to property within the territory of any city,
village, | ||||||
24 | or incorporated town having less than 50,000
population. | ||||||
25 | For purposes of
this subsection (f):
| ||||||
26 | (1)
"property" or "real estate" means all real | ||||||
27 | property, whether or not
improved by a structure;
| ||||||
28 | (2)
"abandoned" means;
| ||||||
29 | (A)
the property has been tax delinquent for 2 or | ||||||
30 | more
years;
| ||||||
31 | (B)
the property is unoccupied by persons legally | ||||||
32 | in
possession; and
| ||||||
33 | (3)
"unsafe" means property that presents an actual or | ||||||
34 | imminent threat to public
health and safety caused by the | ||||||
35 | release of hazardous
substances; and
| ||||||
36 | (4)
"hazardous substances" means the same as in Section
|
| |||||||
| |||||||
1 | 3.215 of the Environmental
Protection Act. | ||||||
2 | The corporate
authorities shall apply to the circuit court | ||||||
3 | of the county in which the property is located (i) for
an order | ||||||
4 | allowing the municipality to enter the property and
inspect and | ||||||
5 | test substances on, in, or under the property; or (ii)
for an | ||||||
6 | order authorizing the corporate authorities to take
action with | ||||||
7 | respect to remediation of the property if conditions
on the | ||||||
8 | property, based on the inspection and testing
authorized in | ||||||
9 | paragraph (i), indicate the presence of hazardous
substances or | ||||||
10 | petroleum products. Remediation shall be deemed
complete for | ||||||
11 | purposes of paragraph (ii) above when the property
satisfies | ||||||
12 | Tier I, II, or III remediation objectives for the
property's | ||||||
13 | most recent usage, as established by the Environmental
| ||||||
14 | Protection Act, and the rules and regulations
promulgated | ||||||
15 | thereunder. Where, upon diligent search, the identity
or | ||||||
16 | whereabouts of the owner or owners of the property,
including | ||||||
17 | the lien holders of record, is not ascertainable,
notice mailed | ||||||
18 | to the person or persons in whose name the real estate
was last | ||||||
19 | assessed is sufficient notice under this
Section. | ||||||
20 | The court shall
grant an order authorizing testing under | ||||||
21 | paragraph (i) above upon a showing of preliminary
evidence | ||||||
22 | indicating the presence or likely presence of a
hazardous | ||||||
23 | substance or a petroleum product or a release of or a
| ||||||
24 | substantial threat of a release of a hazardous
substance or a | ||||||
25 | petroleum product on, in, or under abandoned property.
The | ||||||
26 | preliminary evidence may include, but is not limited
to, | ||||||
27 | evidence of prior use, visual site inspection, or
records of | ||||||
28 | prior environmental investigations. The testing
authorized by | ||||||
29 | paragraph (i) above shall include any type of
investigation | ||||||
30 | which is necessary for an environmental professional
to | ||||||
31 | determine the environmental condition of the property,
| ||||||
32 | including but not limited to performance of soil
borings and | ||||||
33 | groundwater monitoring. The court shall grant a
remediation | ||||||
34 | order under paragraph (ii) above where testing of the
property | ||||||
35 | indicates that it fails to meet the applicable
remediation | ||||||
36 | objectives. The hearing upon the application to the
circuit |
| |||||||
| |||||||
1 | court shall be expedited by the court and shall be
given | ||||||
2 | precedence over all other suits.
| ||||||
3 | The cost of the
inspection, testing, or remediation | ||||||
4 | incurred by the municipality or by a lien holder of
record, | ||||||
5 | including court costs, attorney's fees, and other
costs related | ||||||
6 | to the enforcement of this Section, is a lien on the
real | ||||||
7 | estate; except that in any instances where a
municipality | ||||||
8 | incurs costs of inspection and testing but finds no
hazardous | ||||||
9 | substances or petroleum products on the property that
present | ||||||
10 | an actual or imminent threat to public health and
safety, such | ||||||
11 | costs are not recoverable from the owners nor are such
costs a | ||||||
12 | lien on the real estate. The lien is superior to all
prior | ||||||
13 | existing liens and encumbrances, except taxes and any
lien | ||||||
14 | obtained under subsection (a) or (e), if, within 180
days after | ||||||
15 | the completion of the inspection, testing, or
remediation, the | ||||||
16 | municipality or the lien holder of record who incurred
the cost | ||||||
17 | and expense shall file a notice of lien for the cost
and | ||||||
18 | expense incurred in the office of the recorder in the
county in | ||||||
19 | which the real estate is located or in the office of
the | ||||||
20 | registrar of titles of the county if the real estate
affected | ||||||
21 | is registered under the Registered Titles (Torrens)
Act. | ||||||
22 | The notice must
consist of a sworn statement setting out | ||||||
23 | (i) a description of the real estate sufficient for
its | ||||||
24 | identification, (ii) the amount of money representing
the cost | ||||||
25 | and expense incurred, and (iii) the date or dates when
the cost | ||||||
26 | and expense was incurred by the municipality or the
lien holder | ||||||
27 | of record. Upon payment of the lien amount by the
owner of or | ||||||
28 | persons interested in the property after the notice of
lien has | ||||||
29 | been filed, a release of lien shall be issued by the
| ||||||
30 | municipality, the person in whose name the lien has
been filed, | ||||||
31 | or the assignee of the lien, and the release may be
filed of | ||||||
32 | record as in the case of filing notice of
lien. | ||||||
33 | The lien may be
enforced under subsection (c) or by | ||||||
34 | foreclosure proceedings as in the case of mortgage
foreclosures | ||||||
35 | under Article XV of the Code of Civil Procedure or
mechanics' | ||||||
36 | lien foreclosures; provided that where the lien is
enforced by |
| |||||||
| |||||||
1 | foreclosure under subsection (c) or under either
statute, the | ||||||
2 | municipality may not proceed against the other assets
of the | ||||||
3 | owner or owners of the real estate for any costs that
otherwise | ||||||
4 | would be recoverable under this Section but that
remain | ||||||
5 | unsatisfied after foreclosure except where such
additional | ||||||
6 | recovery is authorized by separate environmental laws.
An | ||||||
7 | action to foreclose this lien may be commenced at any
time | ||||||
8 | after the date of filing of the notice of lien. The
costs of | ||||||
9 | foreclosure incurred by the municipality, including
court | ||||||
10 | costs, reasonable attorney's fees, advances to
preserve the | ||||||
11 | property, and other costs related to the enforcement
of this | ||||||
12 | subsection, plus statutory interest, are a lien on the
real | ||||||
13 | estate. | ||||||
14 | All liens arising
under this subsection (f) shall be | ||||||
15 | assignable. The assignee of the lien shall have the
same power | ||||||
16 | to enforce the lien as the assigning party, except
that the | ||||||
17 | lien may not be enforced under subsection
(c). | ||||||
18 | (g) In any case
where a municipality has obtained a lien | ||||||
19 | under subsection (a), the municipality may also bring
an action | ||||||
20 | for a money judgment against the owner or owners of
the real | ||||||
21 | estate in the amount of the lien in the same manner as
provided | ||||||
22 | for bringing causes of action in Article II of the
Code of | ||||||
23 | Civil Procedure and, upon obtaining a judgment, file a
judgment | ||||||
24 | lien against all of the real estate of the owner or
owners and | ||||||
25 | enforce that lien as provided for in Article XII of
the Code of | ||||||
26 | Civil Procedure. | ||||||
27 | (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff.
1-1-00; | ||||||
28 | 91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561,
eff. 1-1-00; | ||||||
29 | 92-16, eff. 6-28-01; 92-574, eff. 6-26-02; 92-681,
eff. 1-1-03; | ||||||
30 | revised 2-18-03.)
| ||||||
31 | (65 ILCS
5/11-124-1) (from Ch. 24, par.
11-124-1)
| ||||||
32 | Sec. 11-124-1.
Contracts for supply of water.
| ||||||
33 | (a) The corporate
authorities of each municipality may | ||||||
34 | contract with any person, corporation, municipal
corporation, | ||||||
35 | political subdivision, public water district or any
other |
| |||||||
| |||||||
1 | agency for a supply of water. Any such contract
entered into by | ||||||
2 | a municipality shall provide that payments to be made
| ||||||
3 | thereunder shall be solely from the revenues to be
derived from | ||||||
4 | the operation of the waterworks system of the
municipality, and | ||||||
5 | the contract shall be a continuing valid and binding
obligation | ||||||
6 | of the municipality payable from the revenues derived
from the | ||||||
7 | operation of the waterworks system of the municipality
for the | ||||||
8 | period of years, not to exceed 40, as may be provided
in such | ||||||
9 | contract. Any such contract shall not be a debt within
the | ||||||
10 | meaning of any constitutional or statutory limitation.
No prior | ||||||
11 | appropriation shall be required before entering into
such a | ||||||
12 | contract and no appropriation shall be required to
authorize | ||||||
13 | payments to be made under the terms of any such
contract | ||||||
14 | notwithstanding any provision in this Code to the
contrary. | ||||||
15 | (b)
(a) Payments to be made under
any such contract shall | ||||||
16 | be an operation and maintenance expense of the
waterworks | ||||||
17 | system of the municipality. Any such contract made by
a | ||||||
18 | municipality for a supply of water may contain
provisions | ||||||
19 | whereby the municipality is obligated to pay for such
supply of | ||||||
20 | water without setoff or counterclaim and irrespective
of | ||||||
21 | whether such supply of water is ever furnished, made
available | ||||||
22 | or delivered to the municipality or whether any
project for the | ||||||
23 | supply of water contemplated by any such contract is
completed, | ||||||
24 | operable or operating and notwithstanding any
suspension, | ||||||
25 | interruption, interference, reduction or curtailment
of the | ||||||
26 | supply of water from such project. Any such contract
may | ||||||
27 | provide that if one or more of the other purchasers of
water | ||||||
28 | defaults in the payment of its obligations under such
contract | ||||||
29 | or a similar contract made with the supplier of the
water, one | ||||||
30 | or more of the remaining purchasers party to such
contract or | ||||||
31 | such similar contract shall be required to pay for all
or a | ||||||
32 | portion of the obligations of the defaulting
purchasers. | ||||||
33 | (c)
(b) Payments to be made under
any such contract with a | ||||||
34 | municipal joint action water agency under the
| ||||||
35 | Intergovernmental Cooperation Act shall be an
operation and | ||||||
36 | maintenance expense of the waterworks system of the
|
| |||||||
| |||||||
1 | municipality. Any such contract made by a municipality
for a | ||||||
2 | supply of water with a municipal joint action water
agency | ||||||
3 | under the provisions of the Intergovernmental
Cooperation Act | ||||||
4 | may contain provisions whereby the municipality is
obligated to | ||||||
5 | pay for such supply of water without setoff or
counterclaim and | ||||||
6 | irrespective of whether such supply of water is ever
furnished, | ||||||
7 | made available or delivered to the municipality or
whether any | ||||||
8 | project for the supply of water contemplated by any
such | ||||||
9 | contract is completed, operable or operating and
| ||||||
10 | notwithstanding any suspension, interruption,
interference, | ||||||
11 | reduction or curtailment of the supply of water from
such | ||||||
12 | project. Any such contract with a municipal joint
action water | ||||||
13 | agency may provide that if one or more of the other
purchasers | ||||||
14 | of water defaults in the payment of its obligations
under such | ||||||
15 | contract or a similar contract made with the supplier
of the | ||||||
16 | water, one or more of the remaining purchasers party
to such | ||||||
17 | contract or such similar contract shall be required to
pay for | ||||||
18 | all or a portion of the obligations of the defaulting
| ||||||
19 | purchasers. | ||||||
20 | The changes in
this Section made by these amendatory Acts | ||||||
21 | of 1984 are intended to be declarative of existing
law. | ||||||
22 | (d)
(b) A municipality with a water
supply contract with a | ||||||
23 | county water commission organized pursuant to the
Water | ||||||
24 | Commission Act of 1985 shall provide water to
unincorporated | ||||||
25 | areas of that home county in accordance with the terms
of this | ||||||
26 | subsection. The provision of water by the municipality
shall be | ||||||
27 | in accordance with a mandate of the home county as
provided in | ||||||
28 | Section 0.01 of the Water Commission Act of 1985. A
home rule | ||||||
29 | unit may not provide water in a manner that is
inconsistent | ||||||
30 | with the provisions of this amendatory Act of the 93rd
General | ||||||
31 | Assembly. This subsection is a limitation under
subsection (i) | ||||||
32 | of Section 6 of Article VII of the Illinois
Constitution on the | ||||||
33 | concurrent exercise by home rule units of powers and
functions | ||||||
34 | exercised by the State. | ||||||
35 | (Source: P.A. 93-226, eff. 7-22-03; revised
10-9-03.) |
| |||||||
| |||||||
1 | Section 210.
The Joliet Arsenal Development Authority Act | ||||||
2 | is amended by changing Section 40 as
follows:
| ||||||
3 | (70 ILCS
508/40)
| ||||||
4 | Sec. 40.
Acquisition.
| ||||||
5 | (a) The Authority
may, but need not, acquire title to any | ||||||
6 | project with respect to which it exercises its
authority. | ||||||
7 | (b) The Authority
shall have power to acquire by purchase, | ||||||
8 | lease, gift, or otherwise any property or rights
therein from | ||||||
9 | any person, the State of Illinois, any municipal
corporation, | ||||||
10 | any local unit of government, the government of the
United | ||||||
11 | States, any agency or instrumentality of the United
States, any | ||||||
12 | body politic, or any county useful for its purposes,
whether | ||||||
13 | improved for the purposes of any prospective project
or | ||||||
14 | unimproved. The Authority may also accept any donation
of funds | ||||||
15 | for its purposes from any of those
sources. | ||||||
16 | (c) The Authority
shall have power to develop, construct, | ||||||
17 | and improve, either under its own direction or through
| ||||||
18 | collaboration with any approved applicant, or to
acquire | ||||||
19 | through purchase or otherwise any project, using for
that | ||||||
20 | purpose the proceeds derived from its sale of revenue
bonds, | ||||||
21 | notes, or other evidences of indebtedness or
governmental loans | ||||||
22 | or grants, and to hold title in the name of the
Authority to | ||||||
23 | those projects. | ||||||
24 | (d) The Authority
shall have the power to enter into | ||||||
25 | intergovernmental agreements with the State of
Illinois, the | ||||||
26 | county of Will, the Illinois Finance Authority, the
| ||||||
27 | Metropolitan Pier and Exposition Authority, the United
States | ||||||
28 | government, any agency or instrumentality of the
United States, | ||||||
29 | any unit of local government located within the
territory of | ||||||
30 | the Authority, or any other unit of government to the
extent | ||||||
31 | allowed by Article VII, Section 10 of the Illinois
Constitution | ||||||
32 | and the Intergovernmental Cooperation
Act. | ||||||
33 | (e) The Authority
shall have the power to share employees | ||||||
34 | with other units of government, including agencies of
the | ||||||
35 | United States, agencies of the State of Illinois, and
agencies |
| |||||||
| |||||||
1 | or personnel of any unit of local
government. | ||||||
2 | (f) Subject to
subsection (i) of Section 35 of this Act, | ||||||
3 | the Authority shall have the power to exercise powers
and issue | ||||||
4 | revenue bonds as if it were a municipality so
authorized in | ||||||
5 | Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11
of the | ||||||
6 | Illinois Municipal Code. | ||||||
7 | (g) All property
owned by the Joliet Arsenal Development | ||||||
8 | Authority is exempt from property taxes. Any property
owned by | ||||||
9 | the Joliet Arsenal Development Authority and leased to
an | ||||||
10 | entity that is not exempt shall remain exempt. The
leasehold | ||||||
11 | interest of the lessee shall be assessed under Section
9-195 of | ||||||
12 | the Property Tax Code. | ||||||
13 | (Source: P.A. 93-205, eff. 1-1-04; 93-421, eff.
8-5-03; revised | ||||||
14 | 9-11-03.) | ||||||
15 | Section 215.
The Fire Protection District Act is amended by | ||||||
16 | changing Section 6 as follows:
| ||||||
17 | (70 ILCS
705/6) (from Ch. 127 1/2, par.
26)
| ||||||
18 | Sec. 6.
Board of trustees; powers. | ||||||
19 | (a)
The trustees shall constitute a board of trustees for | ||||||
20 | the district for which they are appointed, which board
of | ||||||
21 | trustees is declared to be the corporate authority of
the fire | ||||||
22 | protection district, and shall exercise all of the
powers and | ||||||
23 | control all the affairs and property of such
district. | ||||||
24 | The board of
trustees at their initial meeting and at their | ||||||
25 | first meeting following the commencement of the term
of any | ||||||
26 | trustee shall elect one of their number as president
and one of | ||||||
27 | their number as secretary and shall elect a treasurer
for the | ||||||
28 | district, who may be one of the trustees or may be any
other | ||||||
29 | citizen of the district and who shall hold office
during the | ||||||
30 | pleasure of the board and who shall give such bond as
may be | ||||||
31 | required by the board. | ||||||
32 | (b)
Except as otherwise provided in Sections 16.01 through | ||||||
33 | 16.18, the board may appoint and enter into a
multi-year | ||||||
34 | contract not exceeding 3 years with a fire chief and
may |
| |||||||
| |||||||
1 | appoint any firemen that may be necessary for the
district , who | ||||||
2 | shall hold office during the pleasure of the board and
who | ||||||
3 | shall give any bond that the board may require. The
board may | ||||||
4 | prescribe the duties and fix the compensation of all
the | ||||||
5 | officers and employees of the fire protection
district. | ||||||
6 | (c)
A member of the board of trustees of a fire protection | ||||||
7 | district may be compensated as follows: in a district
having | ||||||
8 | fewer than 4 full time paid firemen, a sum not to
exceed $1,000 | ||||||
9 | per annum; in a district having more than 3 but less
than 10 | ||||||
10 | full time paid firemen, a sum not to exceed $1,500 per
annum; | ||||||
11 | in a district having either 10 or more full time paid
firemen, | ||||||
12 | a sum not to exceed $2,000 per annum. In addition,
fire | ||||||
13 | districts that operate an ambulance service pursuant
to | ||||||
14 | authorization by referendum, as provided in Section
22, may pay | ||||||
15 | trustees an additional annual compensation not to
exceed 50% of | ||||||
16 | the amount otherwise authorized herein. The additional
| ||||||
17 | compensation shall be an administrative expense of the
| ||||||
18 | ambulance service and shall be paid from revenues
raised by the | ||||||
19 | ambulance tax levy. | ||||||
20 | (d)
The trustees also have the express power to execute a | ||||||
21 | note or notes and to execute a mortgage or trust deed
to secure | ||||||
22 | the payment of such note or notes; such trust deed or
mortgage | ||||||
23 | shall cover real estate, or some part thereof, or
personal | ||||||
24 | property owned by the district and the lien of the
mortgage | ||||||
25 | shall apply to the real estate or personal property so
| ||||||
26 | mortgaged by the district, and the proceeds of the
note or | ||||||
27 | notes may be used in the acquisition of personal
property or of | ||||||
28 | real estate or in the erection of improvements on such
real | ||||||
29 | estate. | ||||||
30 | The trustees have
express power to purchase either real | ||||||
31 | estate or personal property to be used for the
purposes of the | ||||||
32 | fire protection district through contracts which
provide for | ||||||
33 | the consideration for such purchase to be paid through
| ||||||
34 | installments to be made at stated intervals during a
certain | ||||||
35 | period of time, but, in no case, shall such contracts
provide | ||||||
36 | for the consideration to be paid during a period of
time in |
| |||||||
| |||||||
1 | excess of 25 years. | ||||||
2 | (e)
The trustees have express power to provide for the | ||||||
3 | benefit of its employees, volunteer firemen and paid
firemen, | ||||||
4 | group life, health, accident, hospital and medical
insurance, | ||||||
5 | or any combination thereof; and to pay for all or any
portion | ||||||
6 | of the premiums on such insurance. Such insurance may
include | ||||||
7 | provisions for employees who rely on treatment by
spiritual | ||||||
8 | means alone through prayer for healing in accord with
the | ||||||
9 | tenets and practice of a well recognized religious
| ||||||
10 | denomination. | ||||||
11 | (f)
To encourage continued service with the district, the | ||||||
12 | board of trustees has the express power to award
monetary | ||||||
13 | incentives, not to exceed $240 per year, to volunteer
| ||||||
14 | firefighters of the district based on the length of
service. To | ||||||
15 | be eligible for the incentives, the volunteer
firefighters must | ||||||
16 | have at least 5 years of service with the district.
The amount | ||||||
17 | of the incentives may not be greater than 2% of the
annual levy | ||||||
18 | amount when all incentive awards are
combined. | ||||||
19 | (g)
The board of trustees has express power to change the | ||||||
20 | corporate name of the fire protection district by
ordinance , | ||||||
21 | provided that notification of any change is given to
the | ||||||
22 | circuit clerk and the Office of the State Fire
Marshal. | ||||||
23 | (h)
The board of trustees may impose reasonable civil | ||||||
24 | penalties on individuals who repeatedly cause false
fire | ||||||
25 | alarms.
| ||||||
26 | (i)
The board of trustees has full power to pass all | ||||||
27 | necessary ordinances, and rules and regulations for
the proper | ||||||
28 | management and conduct of the business of the board of
trustees | ||||||
29 | of the fire protection district for carrying into
effect the | ||||||
30 | objects for which the district was
formed. | ||||||
31 | (Source: P.A. 93-302, eff. 1-1-04; 93-589, eff.
1-1-04; revised | ||||||
32 | 10-3-03.) | ||||||
33 | Section 220.
The Park District Code is amended by changing | ||||||
34 | Section 5-1 as
follows: |
| |||||||
| |||||||
1 | (70 ILCS
1205/5-1) (from Ch. 105, par.
5-1)
| ||||||
2 | Sec. 5-1.
Each Park District has the power to levy and | ||||||
3 | collect taxes on all the taxable property in the
district for | ||||||
4 | all corporate purposes. The commissioners may
accumulate funds | ||||||
5 | for the purposes of building repairs and improvements
and may | ||||||
6 | annually levy taxes for such purposes in excess of
current | ||||||
7 | requirements for its other purposes but subject to the
tax rate | ||||||
8 | limitation as herein provided.
| ||||||
9 | All general taxes
proposed by the board to be levied upon | ||||||
10 | the taxable property within the district shall be
levied by | ||||||
11 | ordinance. A certified copy of such levy ordinance
shall be | ||||||
12 | filed with the county clerk of the county in which the
same is | ||||||
13 | to be collected not later than the last Tuesday in
December in | ||||||
14 | each year. The county clerk shall extend such tax;
provided, | ||||||
15 | the aggregate amount of taxes levied for any one year,
| ||||||
16 | exclusive of the amount levied for the payment of the
principal | ||||||
17 | and interest on bonded indebtedness of the district
and taxes | ||||||
18 | authorized by special referenda, shall not exceed,
except as | ||||||
19 | otherwise provided in this Section, the rate of .10%,
or the | ||||||
20 | rate limitation in effect on July 1, 1967, whichever
is | ||||||
21 | greater, of the value, as equalized or assessed by the
| ||||||
22 | Department of Revenue.
| ||||||
23 | Notwithstanding
any other provision of this Section, a park | ||||||
24 | district board of a park district lying wholly within
one | ||||||
25 | county is authorized to increase property taxes under
this | ||||||
26 | Section for corporate purposes for any one year so
long as the | ||||||
27 | increase is offset by a like property tax levy
reduction in one | ||||||
28 | or more of the park district's funds. At the time that
such | ||||||
29 | park district files its levy with the county clerk, it
shall | ||||||
30 | also certify to the county clerk that the park
district has | ||||||
31 | complied with and is authorized to act under this
Section 5-1 | ||||||
32 | of the Park District Code. In no instance shall the
increase | ||||||
33 | either exceed or result in a reduction to the
extension | ||||||
34 | limitation to which any park district is subject under
Section | ||||||
35 | 18-195 of the Property Tax Code.
| ||||||
36 | Any funds on hand
at the end of the fiscal year that are |
| |||||||
| |||||||
1 | not pledged for or allocated to a particular purpose
may, by | ||||||
2 | action of the board of commissioners, be transferred
to a | ||||||
3 | capital improvement fund and accumulated therein, but
the total | ||||||
4 | amount accumulated in the fund may not exceed 1.5% of
the | ||||||
5 | aggregate assessed valuation of all taxable property
in the | ||||||
6 | park district.
| ||||||
7 | The foregoing
limitations upon tax rates may be decreased | ||||||
8 | under the referendum provisions of the General Revenue
Law of | ||||||
9 | the State of Illinois.
| ||||||
10 | (Source: P.A. 93-434, eff. 8-5-03; 93-625, eff.
12-19-03; | ||||||
11 | revised 1-13-04.) | ||||||
12 | Section 225.
The Metropolitan Water Reclamation District | ||||||
13 | Act is amended by setting forth, changing, and
renumbering | ||||||
14 | multiple versions of Section 288 as
follows:
| ||||||
15 | (70 ILCS
2605/288)
| ||||||
16 | Sec. 288.
District enlarged. On March 7,
2002 Upon the | ||||||
17 | effective date of this amendatory Act of the
92nd General | ||||||
18 | Assembly , the corporate
limits of the Metropolitan Water | ||||||
19 | Reclamation District Act are extended to include
within those | ||||||
20 | limits the following described tracts of land, and
those tracts | ||||||
21 | are annexed to the District.
| ||||||
22 | (1) Parcel 1 (Canter Parcel)
| ||||||
23 | THAT PART OF
SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST OF | ||||||
24 | THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: | ||||||
25 | COMMENCING AT NORTHWEST CORNER
OF THE NORTHEAST 1/4 OF THE | ||||||
26 | NORTHWEST 1/4 OF SAID SECTION
21; THENCE SOUTH 00 DEGREES | ||||||
27 | 12 MINUTES 00 SECONDS WEST
(DEED BEING SOUTH), ALONG THE | ||||||
28 | WEST LINE OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4, A | ||||||
29 | DISTANCE OF 574.20 FEET;
THENCE SOUTH 69 DEGREES 48 MINUTES | ||||||
30 | 00 SECONDS EAST, A DISTANCE OF
181.20 FEET; THENCE SOUTH 28 | ||||||
31 | DEGREES 49 MINUTES 00 SECONDS
EAST, A DISTANCE OF 720.45 | ||||||
32 | FEET; THENCE SOUTH 38 DEGREES
25 MINUTES 33 SECONDS WEST, A | ||||||
33 | DISTANCE OF 222.79 FEET (DEED
BEING SOUTH 33 DEGREES 37 |
| |||||||
| |||||||
1 | MINUTES 00 SECONDS WEST,
238.50 FEET) TO AN IRON STAKE; | ||||||
2 | THENCE SOUTH 60 DEGREES 26
MINUTES 25 SECONDS EAST (DEED | ||||||
3 | BEING SOUTH 59 DEGREES 41
MINUTES 00 SECONDS EAST), ALONG A | ||||||
4 | LINE THAT WOULD INTERSECT THE
EAST LINE OF SAID NORTHWEST | ||||||
5 | 1/4 OF SECTION 21 AT A POINT
THAT IS 669.25 FEET NORTHERLY | ||||||
6 | OF (AS MEASURED ALONG SAID
EAST LINE) THE CENTER OF SAID | ||||||
7 | SECTION 21, A DISTANCE OF
24.03 FEET FOR THE POINT OF | ||||||
8 | BEGINNING; THENCE CONTINUING
SOUTH 60 DEGREES 26 MINUTES 25 | ||||||
9 | SECONDS EAST, ALONG SAID LINE,
A DISTANCE OF 629.56 FEET TO | ||||||
10 | THE INTERSECTION WITH THE
NORTHEASTERLY EXTENSION OF A LINE | ||||||
11 | PREVIOUSLY SURVEYED AND
MONUMENTED; THENCE SOUTH 38 | ||||||
12 | DEGREES 40 MINUTES 02 SECONDS
WEST, ALONG SAID LINE, A | ||||||
13 | DISTANCE OF 1100.29 FEET (DEED
BEING SOUTH 39 DEGREES 55 | ||||||
14 | MINUTES 00 SECONDS WEST,
1098.70 FEET) TO THE CENTER LINE | ||||||
15 | OF THE CHICAGO-ELGIN ROAD,
(NOW KNOWN AS IRVING PARK | ||||||
16 | BOULEVARD AND STATE ROUTE NO.
19) AS SHOWN ON THE PLAT OF | ||||||
17 | DEDICATION RECORDED JUNE 9,
1933 AS DOCUMENT NO. 11245764 | ||||||
18 | AND AS SHOWN ON A PLAT OF
SURVEY DATED SEPTEMBER 22, 1932 | ||||||
19 | APPROVED BY THE SUPERINTENDENT
OF HIGHWAYS OF COOK COUNTY, | ||||||
20 | ILLINOIS ON DECEMBER 17, 1933;
THENCE SOUTH 51 DEGREES 24 | ||||||
21 | MINUTES 19 SECONDS EAST, ALONG
SAID CENTER LINE, A DISTANCE | ||||||
22 | OF 597.60 FEET (DEED BEING
SOUTHEASTERLY ALONG CENTER LINE, | ||||||
23 | 620.50 FEET) TO A POINT OF
CURVE IN SAID CENTER LINE, | ||||||
24 | ACCORDING TO THE PLAT OF
DEDICATION RECORDED FEBRUARY 16, | ||||||
25 | 1933 AS DOCUMENT NO. 11200330
AND AFORESAID PLAT OF SURVEY; | ||||||
26 | THENCE SOUTHEASTERLY, ALONG
THE SAID CENTER LINE, BEING | ||||||
27 | ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 4645.69 FEET | ||||||
28 | AND BEING TANGENT TO THE LAST
DESCRIBED COURSE AT THE LAST | ||||||
29 | DESCRIBED POINT, A DISTANCE OF
341.66 FEET (DEED BEING | ||||||
30 | ALONG SAID CURVE, 338.30 FEET)
TO THE INTERSECTION WITH A | ||||||
31 | PREVIOUSLY SURVEYED AND
MONUMENTED LINE; THENCE SOUTH 42 | ||||||
32 | DEGREES 46 MINUTES 09 SECONDS
WEST, ALONG SAID LINE, A | ||||||
33 | DISTANCE OF 65.95 FEET (DEED
BEING SOUTH 44 DEGREES 41 | ||||||
34 | MINUTES 00 SECONDS WEST, 65
FEET) TO THE CENTER LINE OF THE | ||||||
35 | OLD CHICAGO-ELGIN ROAD,
ACCORDING TO THE AFORESAID PLAT OF | ||||||
36 | SURVEY; THENCE NORTH 56
DEGREES 45 MINUTES 03 SECONDS WEST, |
| |||||||
| |||||||
1 | ALONG THE CENTER LINE OF THE
SAID OLD CHICAGO-ELGIN ROAD, A | ||||||
2 | DISTANCE OF 685.80 FEET (DEED
BEING NORTH 54 DEGREES 52 | ||||||
3 | MINUTES 00 SECONDS WEST, 635.0
FEET) TO AN ANGLE IN SAID | ||||||
4 | CENTER LINE; THENCE NORTH 44
DEGREES 23 MINUTES 58 SECONDS | ||||||
5 | WEST, ALONG SAID CENTER LINE,
A DISTANCE OF 878.23 FEET | ||||||
6 | (DEED BEING NORTH 44 DEGREES
23 MINUTES 00 SECONDS WEST) TO | ||||||
7 | A LINE THAT IS DRAWN SOUTH 38
DEGREES 35 MINUTES 41 SECONDS | ||||||
8 | WEST FROM THE POINT OF
BEGINNING AND BEING PERPENDICULAR TO | ||||||
9 | THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO-ELGIN ROAD, | ||||||
10 | AS DESCRIBED ON THE AFORESAID
PLAT OF DEDICATION PER | ||||||
11 | DOCUMENT NO. 11245764 AND
SHOWN ON THE AFORESAID PLAT OF | ||||||
12 | SURVEY; THENCE NORTH 38
DEGREES 35 MINUTES 41 SECONDS EAST, | ||||||
13 | ALONG SAID PERPENDICULAR LINE,
A DISTANCE OF 1011.41 FEET | ||||||
14 | TO THE POINT OF BEGINNING,
(EXCEPTING THEREFROM SUCH | ||||||
15 | PORTIONS THEREOF AS MAY HAVE
BEEN HERETOFORE CONVEYED OR | ||||||
16 | DEDICATED FOR HIGHWAY
PURPOSES) IN COOK COUNTY, ILLINOIS. | ||||||
17 | P.I.N.:
06-21-101-024-0000 | ||||||
18 | (2) Parcel 2 (T Bar J Ranch Parcel)
| ||||||
19 | PARCEL 1:
| ||||||
20 | THAT PART OF
SECTION 21, TOWNSHIP 41 NORTH; RANGE 9 EAST OF | ||||||
21 | THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
| ||||||
22 | COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF | ||||||
23 | THE NORTHWEST 1/4 OF SAID
SECTION 21; THENCE SOUTH ALONG | ||||||
24 | THE WEST LINE OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF | ||||||
25 | SAID SECTION, 574.20 FEET;
THENCE SOUTH 69 DEGREES 48 | ||||||
26 | MINUTES EAST, 181.20 FEET;
THENCE SOUTH 28 DEGREES 49 | ||||||
27 | MINUTES EAST, 720.45 FEET;
THENCE SOUTH 33 DEGREES 37 | ||||||
28 | MINUTES WEST, 238.50 FEET;
THENCE SOUTH 75 DEGREES 29 | ||||||
29 | MINUTES WEST, ALONG A FENCE
LINE 510.8 FEET; THENCE SOUTH | ||||||
30 | 29 DEGREES 48 MINUTES WEST,
ALONG A FENCE LINE, 275.05 FEET | ||||||
31 | TO THE POINT OF BEGINNING;
THENCE NORTH 67 DEGREES 40 | ||||||
32 | MINUTES WEST, 277.64 FEET;
THENCE SOUTH 19 DEGREES 47 | ||||||
33 | MINUTES WEST, ALONG A FENCE
LINE, 175.5 FEET TO THE | ||||||
34 | NORTHERLY RIGHT OF WAY LINE OF
A PUBLIC HIGHWAY KNOWN AS | ||||||
35 | IRVING PARK BOULEVARD; THENCE
SOUTH 50 DEGREES 21 MINUTES |
| |||||||
| |||||||
1 | EAST ALONG SAID NORTHERLY
RIGHT OF WAY LINE OF PUBLIC | ||||||
2 | HIGHWAY, A DISTANCE OF 248.3
FEET TO A POINT THAT IS SOUTH | ||||||
3 | 29 DEGREES 48 MINUTES WEST,
251.15 FEET FROM THE POINT OF | ||||||
4 | BEGINNING; THENCE NORTH 29
DEGREES 48 MINUTES, EAST ALONG A | ||||||
5 | FENCE LINE 251.15 FEET TO A
POINT OF BEGINNING, IN COOK | ||||||
6 | COUNTY, ILLINOIS.
| ||||||
7 | P.I.N.:
06-21-101-018-0000 | ||||||
8 | PARCEL 2:
| ||||||
9 | THAT PART OF
SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST OF | ||||||
10 | THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: | ||||||
11 | COMMENCING AT THE NORTHWEST
CORNER OF THE NORTHEAST 1/4 OF | ||||||
12 | THE NORTHWEST 1/4 OF SECTION
21 AFORESAID; THENCE SOUTH | ||||||
13 | ALONG THE WEST LINE OF THE
NORTHEAST 1/4 OF THE NORTHWEST | ||||||
14 | 1/4 OF SAID SECTION, 574.2
FEET; THENCE SOUTH 69 DEGREES 48 | ||||||
15 | MINUTES EAST, 181.2 FEET;
THENCE SOUTH 28 DEGREES 49 | ||||||
16 | MINUTES EAST, 720.45 FEET;
THENCE SOUTH 33 DEGREES 37 | ||||||
17 | MINUTES WEST, 238.5 FEET;
THENCE SOUTH 75 DEGREES 29 | ||||||
18 | MINUTES WEST, 203.4 FEET TO
THE POINT OF BEGINNING; THENCE | ||||||
19 | CONTINUING SOUTH 75 DEGREES 29
MINUTES WEST, 307.4 FEET; | ||||||
20 | THENCE SOUTH 29 DEGREES 48
MINUTES WEST, 275.05 FEET; | ||||||
21 | THENCE NORTH 67 DEGREES 40
MINUTES WEST, 277.64 FEET; | ||||||
22 | THENCE SOUTH 19 DEGREES 47
MINUTES WEST ALONG A FENCE LINE, | ||||||
23 | 175.5 FEET TO NORTHERLY RIGHT
OF WAY LINE OF PUBLIC HIGHWAY | ||||||
24 | KNOWN AS IRVING PARK
BOULEVARD; THENCE NORTH 50 DEGREES 21 | ||||||
25 | MINUTES WEST ALONG SAID
NORTHERLY RIGHT OF WAY LINE OF | ||||||
26 | HIGHWAY 566.2 FEET; THENCE
NORTH 17 DEGREES 17 MINUTES EAST | ||||||
27 | ALONG A FENCE LINE 193.07
FEET; THENCE NORTH 84 DEGREES 47 | ||||||
28 | MINUTES EAST 988.44 FEET TO A
FENCE LINE; THENCE SOUTH 31 | ||||||
29 | DEGREES 51 MINUTES EAST ALONG
SAID FENCE LINE, A DISTANCE | ||||||
30 | OF 282.19 FEET TO THE POINT OF
BEGINNING IN HANOVER | ||||||
31 | TOWNSHIP IN COOK COUNTY,
ILLINOIS. | ||||||
32 | P.I.N.:
06-21-101-022-0000 | ||||||
33 | (3) Parcel 3 (Gibas parcel)
| ||||||
34 | A PARCEL OF LAND
IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 | ||||||
35 | EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, |
| |||||||
| |||||||
1 | ILLINOIS, DESCRIBED AS
FOLLOWS:
| ||||||
2 | COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF | ||||||
3 | THE NORTHWEST 1/4 OF SAID
SECTION 21, THENCE SOUTH ALONG | ||||||
4 | THE WEST LINE OF SAID
NORTHEAST 1/4 OF THE NORTHWEST 1/4, | ||||||
5 | 574.20 FEET; THENCE SOUTH 69
DEGREES 48 MINUTES EAST, | ||||||
6 | 181.20 FEET FOR A POINT OF
BEGINNING, THENCE SOUTH 28 | ||||||
7 | DEGREES 49 MINUTES EAST,
720.45 FEET; THENCE SOUTH 33 | ||||||
8 | DEGREES 37 MINUTES WEST, 238.5
FEET; THENCE SOUTH 75 | ||||||
9 | DEGREES 29 MINUTES WEST, 203.4
FEET TO A FENCE CORNER; | ||||||
10 | THENCE NORTH 31 DEGREES 51
MINUTES WEST ALONG A FENCE LINE, | ||||||
11 | 512.8 FEET; THENCE NORTH 3
DEGREES 29 MINUTES WEST ALONG | ||||||
12 | SAID FENCE LINE 263.6 FEET TO
A POINT ON THE SOUTHERLY | ||||||
13 | RIGHT OF WAY LINE OF NEW
SCHAUMBURG ROAD THAT IS 311.0 FEET | ||||||
14 | MORE OR LESS SOUTHWESTERLY OF
THE POINT OF BEGINNING; | ||||||
15 | THENCE NORTHEASTERLY ALONG THE
SAID SOUTHERLY RIGHT OF WAY | ||||||
16 | LINE OF ROAD 311.0 FEET MORE
OR LESS TO THE POINT OF | ||||||
17 | BEGINNING, (EXCEPTING SUCH
PORTIONS THEREOF AS MAY FALL | ||||||
18 | WITHIN LOTS 10 OR 26 OF COUNTY
CLERK'S DIVISION OF SECTION | ||||||
19 | 21 ACCORDING TO THE PLAT
THEREOF RECORDED, MAY 31, 1895 IN | ||||||
20 | BOOK 65 OF PLATS PAGE 35) IN
COOK COUNTY, ILLINOIS. | ||||||
21 | P.I.N.:
06-21-101-015-0000 | ||||||
22 | (4) Parcel 4 (Blake parcel)
| ||||||
23 | THAT PART OF
SECTIONS 20 AND 21 IN TOWNSHIP 41 NORTH, RANGE | ||||||
24 | 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS | ||||||
25 | FOLLOWS:
| ||||||
26 | COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER | ||||||
27 | OF THE NORTHWEST QUARTER OF
SECTION 21 AFORESAID; THENCE | ||||||
28 | SOUTH ALONG THE WEST LINE OF
THE NORTHEAST QUARTER OF THE | ||||||
29 | NORTHWEST QUARTER OF SAID
SECTION, 574.2 FEET; THENCE SOUTH | ||||||
30 | 69 DEGREES 48 MINUTES EAST,
181.2 FEET; THENCE SOUTH 28 | ||||||
31 | DEGREES 49 MINUTES EAST,
720.45 FEET; THENCE SOUTH 33 | ||||||
32 | DEGREES 37 MINUTES WEST, 238.5
FEET; THENCE SOUTH 75 | ||||||
33 | DEGREES 29 MINUTES WEST, 203.4
FEET; THENCE NORTH 31 | ||||||
34 | DEGREES 51 MINUTES WEST ALONG
A FENCE LINE, 282.19 FEET TO | ||||||
35 | A POINT OF BEGINNING; THENCE
SOUTH 84 DEGREES 47 MINUTES |
| |||||||
| |||||||
1 | WEST, 988.44 FEET TO A POINT
ON A FENCE LINE THAT LIES | ||||||
2 | NORTH 17 DEGREES 17 MINUTES
EAST, 193.07 FEET FROM A POINT | ||||||
3 | ON THE NORTHERLY RIGHT OF WAY
LINE OF IRVING PARK | ||||||
4 | BOULEVARD; THENCE NORTH 17
DEGREES 17 MINUTES EAST ALONG | ||||||
5 | SAID FENCE LINE, 276.03 FEET
TO THE SOUTHERLY RIGHT OF WAY | ||||||
6 | LINE OF SCHAUMBURG ROAD (AS
NOW DEDICATED); THENCE EASTERLY | ||||||
7 | AND NORTHEASTERLY ALONG SAID
SOUTHERLY RIGHT OF WAY LINE ON | ||||||
8 | A CURVE TO LEFT HAVING A
RADIUS OF 1425.4 FEET A DISTANCE | ||||||
9 | OF 829.0 FEET; THENCE SOUTH 3
DEGREES 29 MINUTES EAST ALONG | ||||||
10 | A FENCE LINE 263.6 FEET;
THENCE SOUTH 31 DEGREES 51 MINUTES | ||||||
11 | EAST ALONG A FENCE LINE A
DISTANCE OF 230.61 FEET TO THE | ||||||
12 | POINT OF BEGINNING, IN HANOVER
TOWNSHIP, COOK COUNTY, | ||||||
13 | ILLINOIS.
| ||||||
14 | P.I.N.
PI.N. :
06-21-101-021-0000. | ||||||
15 | (Source: P.A. 92-532, eff. 3-7-02; revised
1-27-03.)
| ||||||
16 | (70 ILCS
2605/289)
| ||||||
17 | Sec.
289
288 . District
enlarged. On August 22, 2002
Upon | ||||||
18 | the effective date of this amendatory Act of
the 92nd General | ||||||
19 | Assembly , the corporate
limits of the Metropolitan Water | ||||||
20 | Reclamation District are extended to include within
those | ||||||
21 | limits the following described tract of land, and that
tract is | ||||||
22 | annexed to the District. | ||||||
23 |
LEGAL DESCRIPTION
| ||||||
24 | 5.425 ACRES
| ||||||
25 | THAT PART OF THE
NORTHWEST QUARTER OF SECTION 25, TOWNSHIP | ||||||
26 | 42 NORTH, RANGE 9, EAST OF THE
THIRD PRINCIPAL MERIDIAN, | ||||||
27 | DESCRIBED AS
FOLLOWS:
| ||||||
28 | COMMENCING AT THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER | ||||||
29 | OF SAID SECTION 25; THENCE
NORTH 00°00'00" EAST ALONG THE | ||||||
30 | EAST LINE OF SAID NORTHWEST
QUARTER OF SECTION 25, A | ||||||
31 | DISTANCE OF 1314.40 FEET TO
THE NORTH LINE OF THE SOUTH | ||||||
32 | HALF OF SAID NORTHWEST QUARTER
OF SECTION 25; THENCE SOUTH | ||||||
33 | 89°15'17" WEST ALONG THE NORTH
LINE OF SAID SOUTH HALF OF | ||||||
34 | THE NORTHWEST QUARTER OF
SECTION 25, A DISTANCE OF 170.00 | ||||||
35 | FEET; THENCE SOUTH 44°22'03"
WEST, 410.93 FEET TO THE POINT |
| |||||||
| |||||||
1 | OF BEGINNING; THENCE SOUTH
89°15'17" WEST PARALLEL WITH THE | ||||||
2 | NORTH LINE OF SAID SOUTH HALF
OF THE NORTHWEST QUARTER OF | ||||||
3 | SECTION 25, A DISTANCE OF
420.04 FEET TO A LINE 1755.25 | ||||||
4 | FEET EAST OF, MEASURED AT
RIGHT ANGLES, AND PARALLEL WITH | ||||||
5 | THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 25; | ||||||
6 | THENCE NORTH 00°02'28" WEST
ALONG SAID PARALLEL LINE, | ||||||
7 | 105.23 FEET; THENCE SOUTH
89°15'17" WEST PARALLEL WITH THE | ||||||
8 | NORTH LINE OF SAID SOUTH HALF
OF THE NORTHWEST QUARTER OF | ||||||
9 | SECTION 25, A DISTANCE OF
300.13 FEET; THENCE SOUTH | ||||||
10 | 00°02'28" EAST, 150.68 FEET;
THENCE NORTH 89°57'32" EAST | ||||||
11 | 120.37 FEET; THENCE SOUTH
00°02'28" EAST PARALLEL WITH THE | ||||||
12 | WEST LINE OF SAID NORTHWEST
QUARTER OF SECTION 25, A | ||||||
13 | DISTANCE OF 353.10 FEET;
THENCE NORTH 89°15'17" EAST | ||||||
14 | PARALLEL WITH THE NORTH LINE
OF SAID SOUTH HALF OF THE | ||||||
15 | NORTHWEST QUARTER OF SECTION
25, A DISTANCE OF 479.77 FEET; | ||||||
16 | THENCE NORTH 00°02'28" WEST,
278.99 FEET; THENCE NORTH | ||||||
17 | 44°22'03" EAST, 171.50 FEET TO
THE PLACE OF BEGINNING, IN | ||||||
18 | COOK COUNTY,
ILLINOIS. | ||||||
19 | (Source: P.A. 92-843, eff. 8-22-02; revised
2-18-03 .) | ||||||
20 | Section 230.
The Local Mass Transit District Act is amended | ||||||
21 | by changing Section 2 as
follows:
| ||||||
22 | (70 ILCS
3610/2) (from Ch. 111 2/3, par.
352)
| ||||||
23 | Sec. 2.
For the purposes of this Act:
| ||||||
24 | (a) "Mass transit
facility" means any local public | ||||||
25 | transportation facility, whether buses, trolley-buses,
or | ||||||
26 | railway systems, utilized by a substantial number of
persons | ||||||
27 | for their daily transportation, and includes not only
the local | ||||||
28 | public transportation facility itself but ancillary
and | ||||||
29 | supporting facilities such as, for example, motor
vehicle | ||||||
30 | parking facilities, as well.
| ||||||
31 | (b)
"Participating municipality and county" means the | ||||||
32 | municipality or municipalities, county or counties
creating | ||||||
33 | the local Mass Transit District pursuant to Section 3
of this | ||||||
34 | Act. |
| |||||||
| |||||||
1 | (c)
"Municipality" means a city, village, township, or | ||||||
2 | incorporated town. | ||||||
3 | (d) "Corporate
authorities" means (1) the city council or | ||||||
4 | similar body of a city, (2) the board of trustees or
similar | ||||||
5 | body of a village or incorporated town, (3) the
council of a | ||||||
6 | municipality under the commission form of municipal
| ||||||
7 | government, and (4) the board of trustees in a
township. | ||||||
8 | (e) "County
board" means the governing board of a county. | ||||||
9 | (f) "District"
means a local Mass Transit District created | ||||||
10 | pursuant to Section 3 of this Act.
| ||||||
11 | (g) "Board" means
the Board of Trustees of a local Mass | ||||||
12 | Transit District created pursuant to Section 3 of this
Act. | ||||||
13 | (h) "Interstate
transportation authority" shall mean any | ||||||
14 | political subdivision created by compact between this
State and | ||||||
15 | another state, which is a body corporate and politic
and a | ||||||
16 | political subdivision of both contracting states, and
which | ||||||
17 | operates a public mass transportation
system . ;
| ||||||
18 | (i) "Metro East
Mass Transit District" means one or more | ||||||
19 | local mass transit districts created pursuant to this
Act, | ||||||
20 | composed only of Madison, St. Clair or Monroe
Counties, or any | ||||||
21 | combination thereof or any territory annexed to such
district. | ||||||
22 | (j) "Public mass
transportation system" shall mean a | ||||||
23 | transportation system or systems owned and operated by
an | ||||||
24 | interstate transportation authority, a municipality,
District, | ||||||
25 | or other public or private authority, employing motor
busses, | ||||||
26 | rails or any other means of conveyance, by whatsoever
type or | ||||||
27 | power, operated for public use in the conveyance of
persons, | ||||||
28 | mainly providing local transportation service within
an | ||||||
29 | interstate transportation district, municipality, or
county. | ||||||
30 | (Source: P.A. 93-590, eff. 1-1-04; revised
10-9-03.) | ||||||
31 | Section 235.
The School Code is amended by changing | ||||||
32 | Sections 1D-1, 2-3.25g, 10-17a, 27-8.1, and 34-8.1 and
setting | ||||||
33 | forth and renumbering multiple versions of Sections
2-3.131, | ||||||
34 | 10-20.35, 10-20.37, 34-18.23, and 34-18.26 as
follows:
|
| |||||||
| |||||||
1 | (105 ILCS
5/1D-1)
| ||||||
2 | Sec. 1D-1.
Block grant funding.
| ||||||
3 | (a) For fiscal
year 1996 and each fiscal year thereafter, | ||||||
4 | the State Board of Education shall award to a school
district | ||||||
5 | having a population exceeding 500,000 inhabitants a
general | ||||||
6 | education block grant and an educational services
block grant, | ||||||
7 | determined as provided in this Section, in lieu of
distributing | ||||||
8 | to the district separate State funding for the
programs | ||||||
9 | described in subsections (b) and (c). The provisions
of this | ||||||
10 | Section, however, do not apply to any federal funds
that the | ||||||
11 | district is entitled to receive. In accordance with
Section | ||||||
12 | 2-3.32, all block grants are subject to an audit.
Therefore, | ||||||
13 | block grant receipts and block grant expenditures
shall be | ||||||
14 | recorded to the appropriate fund code for the
designated block | ||||||
15 | grant. | ||||||
16 | (b) The general
education block grant shall include the | ||||||
17 | following programs: REI Initiative, Summer Bridges,
Preschool | ||||||
18 | At Risk, K-6 Comprehensive Arts, School Improvement
Support, | ||||||
19 | Urban Education, Scientific Literacy, Substance Abuse
| ||||||
20 | Prevention, Second Language Planning, Staff
Development, | ||||||
21 | Outcomes and Assessment, K-6 Reading Improvement, 7-12
| ||||||
22 | Continued Reading Improvement, Truants' Optional
Education, | ||||||
23 | Hispanic Programs, Agriculture Education, Parental
Education, | ||||||
24 | Prevention Initiative, Report Cards, and Criminal
Background | ||||||
25 | Investigations. Notwithstanding any other provision of
law, | ||||||
26 | all amounts paid under the general education block
grant from | ||||||
27 | State appropriations to a school district in a city
having a | ||||||
28 | population exceeding 500,000 inhabitants shall be
appropriated | ||||||
29 | and expended by the board of that district for any of
the | ||||||
30 | programs included in the block grant or any of the
board's | ||||||
31 | lawful purposes. | ||||||
32 | (c) The
educational services block grant shall include the | ||||||
33 | following programs: Bilingual, Regular and Vocational
| ||||||
34 | Transportation, State Lunch and Free Breakfast
Program, | ||||||
35 | Special Education (Personnel, Extraordinary,
Transportation, | ||||||
36 | Orphanage, Private Tuition), Summer School,
Educational |
| |||||||
| |||||||
1 | Service Centers, and Administrator's Academy. This
subsection | ||||||
2 | (c) does not relieve the district of its obligation to
provide | ||||||
3 | the services required under a program that is included
within | ||||||
4 | the educational services block grant. It is the
intention of | ||||||
5 | the General Assembly in enacting the provisions of
this | ||||||
6 | subsection (c) to relieve the district of the
administrative | ||||||
7 | burdens that impede efficiency and accompany
single-program | ||||||
8 | funding. The General Assembly encourages the board to
pursue | ||||||
9 | mandate waivers pursuant to Section
2-3.25g. | ||||||
10 | (d) For fiscal
year 1996 and each fiscal year thereafter, | ||||||
11 | the amount of the district's block grants shall be
determined | ||||||
12 | as follows: (i) with respect to each program that is
included | ||||||
13 | within each block grant, the district shall receive an
amount | ||||||
14 | equal to the same percentage of the current fiscal
year | ||||||
15 | appropriation made for that program as the percentage
of the | ||||||
16 | appropriation received by the district from the 1995
fiscal | ||||||
17 | year appropriation made for that program, and (ii) the
total | ||||||
18 | amount that is due the district under the block grant
shall be | ||||||
19 | the aggregate of the amounts that the district is
entitled to | ||||||
20 | receive for the fiscal year with respect to each
program that | ||||||
21 | is included within the block grant that the State
Board of | ||||||
22 | Education shall award the district under this Section
for that | ||||||
23 | fiscal year. In the case of the Summer Bridges
program, the | ||||||
24 | amount of the district's block grant shall be equal to
44% of | ||||||
25 | the amount of the current fiscal year appropriation
made for | ||||||
26 | that program. | ||||||
27 | (e) The district
is not required to file any application or | ||||||
28 | other claim in order to receive the block grants to
which it is | ||||||
29 | entitled under this Section. The State Board of
Education shall | ||||||
30 | make payments to the district of amounts due under the
| ||||||
31 | district's block grants on a schedule determined by
the State | ||||||
32 | Board of Education. | ||||||
33 | (f) A school
district to which this Section applies shall | ||||||
34 | report to the State Board of Education on its use of
the block | ||||||
35 | grants in such form and detail as the State Board of
Education | ||||||
36 | may specify. |
| |||||||
| |||||||
1 | (g) This
paragraph provides for the treatment of block | ||||||
2 | grants under Article 1C for purposes of calculating
the amount | ||||||
3 | of block grants for a district under this Section.
Those block | ||||||
4 | grants under Article 1C are, for this purpose, treated
as | ||||||
5 | included in the amount of appropriation for the
various | ||||||
6 | programs set forth in paragraph (b) above. The
appropriation in | ||||||
7 | each current fiscal year for each block grant under
Article 1C | ||||||
8 | shall be treated for these purposes as appropriations
for the | ||||||
9 | individual program included in that block grant. The
proportion | ||||||
10 | of each block grant so allocated to each such program
included | ||||||
11 | in it shall be the proportion which the appropriation
for that | ||||||
12 | program was of all appropriations for such purposes
now in that | ||||||
13 | block grant, in fiscal 1995.
| ||||||
14 | Payments to the
school district under this Section with | ||||||
15 | respect to each program for which payments to school
districts | ||||||
16 | generally, as of the date of this amendatory Act of
the 92nd | ||||||
17 | General Assembly, are on a reimbursement basis shall
continue | ||||||
18 | to be made to the district on a reimbursement basis,
pursuant | ||||||
19 | to the provisions of this Code governing those
programs. | ||||||
20 | (h)
Notwithstanding any other provision of law, any school | ||||||
21 | district receiving a block grant under this Section
may | ||||||
22 | classify all or a portion of the funds that it
receives in a | ||||||
23 | particular fiscal year from any block grant authorized
under | ||||||
24 | this Code or from general State aid pursuant to
Section 18-8.05 | ||||||
25 | of this Code (other than supplemental general State
aid) as | ||||||
26 | funds received in connection with any funding program
for which | ||||||
27 | it is entitled to receive funds from the State in that
fiscal | ||||||
28 | year (including, without limitation, any funding
program | ||||||
29 | referred to in subsection (c) of this Section),
regardless of | ||||||
30 | the source or timing of the receipt. The district may
not | ||||||
31 | classify more funds as funds received in connection
with the | ||||||
32 | funding program than the district is entitled to
receive in | ||||||
33 | that fiscal year for that program. Any classification
by a | ||||||
34 | district must be made by a resolution of its board of
| ||||||
35 | education. The resolution must identify the amount of
any block | ||||||
36 | grant or general State aid to be classified under this
|
| |||||||
| |||||||
1 | subsection (h) and must specify the funding program to
which | ||||||
2 | the funds are to be treated as received in connection
| ||||||
3 | therewith. This resolution is controlling as to the
| ||||||
4 | classification of funds referenced therein. A
certified copy of | ||||||
5 | the resolution must be sent to the State
Superintendent of | ||||||
6 | Education. The resolution shall still take effect even
though a | ||||||
7 | copy of the resolution has not been sent to the State
| ||||||
8 | Superintendent of Education in a timely manner. No
| ||||||
9 | classification under this subsection (h) by a district
shall | ||||||
10 | affect the total amount or timing of money the
district is | ||||||
11 | entitled to receive under this Code. No classification
under | ||||||
12 | this subsection (h) by a district shall in any way
relieve the | ||||||
13 | district from or affect any requirements that
otherwise would | ||||||
14 | apply with respect to the block grant as provided in
this | ||||||
15 | Section, including any accounting of funds by source,
reporting | ||||||
16 | expenditures by original source and purpose, reporting
| ||||||
17 | requirements, or requirements of provision of
services. | ||||||
18 | (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff.
7-11-02; | ||||||
19 | 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; revised
9-11-03.)
| ||||||
20 | (105 ILCS
5/2-3.25g) (from Ch. 122, par.
2-3.25g)
| ||||||
21 | Sec. 2-3.25g.
Waiver or modification of mandates within the | ||||||
22 | School Code and administrative rules and regulations.
| ||||||
23 | Notwithstanding any other provisions of this School
Code or any | ||||||
24 | other law of this State to the contrary, school
districts may | ||||||
25 | petition the State Board of Education for the waiver
or | ||||||
26 | modification of the mandates of this School Code or of
the | ||||||
27 | administrative rules and regulations promulgated by
the State | ||||||
28 | Board of Education. Waivers or modifications of
administrative | ||||||
29 | rules and regulations and modifications of mandates of
this | ||||||
30 | School Code may be requested when a school district
| ||||||
31 | demonstrates that it can address the intent of the
rule or | ||||||
32 | mandate in a more effective, efficient, or economical
manner or | ||||||
33 | when necessary to stimulate innovation or improve
student | ||||||
34 | performance. Waivers of mandates of the School Code
may be | ||||||
35 | requested when the waivers are necessary to stimulate
|
| |||||||
| |||||||
1 | innovation or improve student performance. Waivers may
not be | ||||||
2 | requested from laws, rules, and regulations pertaining
to | ||||||
3 | special education, teacher certification, or teacher
tenure | ||||||
4 | and seniority or from compliance with the No Child
Left Behind | ||||||
5 | Act of 2001 (Public Law 107-110).
| ||||||
6 | School districts,
as a matter of inherent managerial | ||||||
7 | policy, and any Independent Authority established
under | ||||||
8 | Section 2-3.25f may submit an application for a waiver
or | ||||||
9 | modification authorized under this Section. Each
application | ||||||
10 | must include a written request by the school district
or | ||||||
11 | Independent Authority and must demonstrate that the
intent of | ||||||
12 | the mandate can be addressed in a more effective,
efficient, or | ||||||
13 | economical manner or be based upon a specific plan for
improved | ||||||
14 | student performance and school improvement. Any
district | ||||||
15 | requesting a waiver or modification for the reason
that intent | ||||||
16 | of the mandate can be addressed in a more economical
manner | ||||||
17 | shall include in the application a fiscal analysis
showing | ||||||
18 | current expenditures on the mandate and projected
savings | ||||||
19 | resulting from the waiver or modification.
Applications and | ||||||
20 | plans developed by school districts must be approved
by each | ||||||
21 | board of education following a public hearing on the
| ||||||
22 | application and plan and the opportunity for the board
to hear | ||||||
23 | testimony from educators directly involved in its
| ||||||
24 | implementation, parents, and students. Such public
hearing | ||||||
25 | shall be held on a day other than the day on which a
regular | ||||||
26 | meeting of the board is held. The public hearing must
be | ||||||
27 | preceded by at least one published notice occurring at
least 7 | ||||||
28 | days prior to the hearing in a newspaper of general
circulation | ||||||
29 | within the school district that sets forth the time,
date, | ||||||
30 | place, and general subject matter of the hearing. The
school | ||||||
31 | district must notify in writing the affected exclusive
| ||||||
32 | collective bargaining agent and those State
legislators | ||||||
33 | representing the district holding the public hearing
of the | ||||||
34 | district's intent to seek approval of a waiver or
modification | ||||||
35 | and of the hearing to be held to take testimony from
educators. | ||||||
36 | The affected exclusive collective bargaining agents
shall be |
| |||||||
| |||||||
1 | notified of such public hearing at least 7 days prior
to the | ||||||
2 | date of the hearing and shall be allowed to attend
such public | ||||||
3 | hearing. The district shall attest to compliance with
all of | ||||||
4 | the notification and procedural requirements set forth
in this | ||||||
5 | Section. | ||||||
6 | A request for a
waiver or modification of administrative | ||||||
7 | rules and regulations or for a modification of
mandates | ||||||
8 | contained in this School Code shall be submitted to
the State | ||||||
9 | Board of Education within 15 days after approval by
the board | ||||||
10 | of education. The application as submitted to the
State Board | ||||||
11 | of Education shall include a description of the public
hearing. | ||||||
12 | Following receipt of the request, the State Board
shall have 45 | ||||||
13 | days to review the application and request. If the
State Board | ||||||
14 | fails to disapprove the application within that 45 day
period, | ||||||
15 | the waiver or modification shall be deemed granted.
The State | ||||||
16 | Board may disapprove any request if it is not based
upon sound | ||||||
17 | educational practices, endangers the health or safety
of | ||||||
18 | students or staff, compromises equal opportunities for
| ||||||
19 | learning, or fails to demonstrate that the intent of
the rule | ||||||
20 | or mandate can be addressed in a more effective,
efficient, or | ||||||
21 | economical manner or have improved student performance
as a | ||||||
22 | primary goal. Any request disapproved by the State
Board may be | ||||||
23 | appealed to the General Assembly by the requesting
school | ||||||
24 | district as outlined in this Section.
| ||||||
25 | A request for a
waiver from mandates contained in this | ||||||
26 | School Code shall be submitted to the State Board
within 15 | ||||||
27 | days after approval by the board of education. The
application | ||||||
28 | as submitted to the State Board of Education shall
include a | ||||||
29 | description of the public hearing. The description
shall | ||||||
30 | include, but need not be limited to, the means of
notice, the | ||||||
31 | number of people in attendance, the number of people
who spoke | ||||||
32 | as proponents or opponents of the waiver, a brief
description | ||||||
33 | of their comments, and whether there were any written
| ||||||
34 | statements submitted. The State Board shall review the
| ||||||
35 | applications and requests for completeness and shall
compile | ||||||
36 | the requests in reports to be filed with the General
Assembly. |
| |||||||
| |||||||
1 | The State Board shall file reports outlining the
waivers | ||||||
2 | requested by school districts and appeals by school
districts | ||||||
3 | of requests disapproved by the State Board with the
Senate and | ||||||
4 | the House of Representatives before each May 1 and
October 1. | ||||||
5 | The General Assembly may disapprove the report of the
State | ||||||
6 | Board in whole or in part within 30 calendar days
after each | ||||||
7 | house of the General Assembly next convenes after the
report is | ||||||
8 | filed by adoption of a resolution by a record vote of
the | ||||||
9 | majority of members elected in each house. If the
General | ||||||
10 | Assembly fails to disapprove any waiver request or
appealed | ||||||
11 | request within such 30 day period, the waiver or
modification | ||||||
12 | shall be deemed granted. Any resolution adopted by the
General | ||||||
13 | Assembly disapproving a report of the State Board in
whole or | ||||||
14 | in part shall be binding on the State
Board. | ||||||
15 | An approved
waiver or modification may remain in effect for | ||||||
16 | a period not to exceed 5 school years and may be
renewed upon | ||||||
17 | application by the school district. However, such
waiver or | ||||||
18 | modification may be changed within that 5-year period
by a | ||||||
19 | local school district board following the procedure as
set | ||||||
20 | forth in this Section for the initial waiver or
modification | ||||||
21 | request. If neither the State Board of Education nor
the | ||||||
22 | General Assembly disapproves, the change is deemed
granted.
| ||||||
23 | On or before
February 1, 1998, and each year thereafter, | ||||||
24 | the State Board of Education shall submit a cumulative
report | ||||||
25 | summarizing all types of waiver mandates and
modifications of | ||||||
26 | mandates granted by the State Board or the General
Assembly. | ||||||
27 | The report shall identify the topic of the waiver
along with | ||||||
28 | the number and percentage of school districts for
which the | ||||||
29 | waiver has been granted. The report shall also include
any | ||||||
30 | recommendations from the State Board regarding the
repeal or | ||||||
31 | modification of waived mandates.
| ||||||
32 | (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff.
8-20-03; | ||||||
33 | revised 9-11-03.)
| ||||||
34 | (105 ILCS
5/2-3.131)
| ||||||
35 | Sec. 2-3.131.
FY2004 transitional assistance payments. If
|
| |||||||
| |||||||
1 | the amount that the State Board of Education will pay
to a | ||||||
2 | school district from fiscal year 2004 appropriations,
as | ||||||
3 | estimated by the State Board of Education on April 1,
2004, is | ||||||
4 | less than the amount that the State Board of Education
paid to | ||||||
5 | the school district from fiscal year 2003
appropriations, then, | ||||||
6 | subject to appropriation, the State Board of Education
shall | ||||||
7 | make a fiscal year 2004 transitional assistance
payment to the | ||||||
8 | school district in an amount equal to the difference
between | ||||||
9 | the estimated amount to be paid from fiscal year 2004
| ||||||
10 | appropriations and the amount paid from fiscal year
2003 | ||||||
11 | appropriations. | ||||||
12 | (Source: P.A. 93-21, eff. 7-1-03.)
| ||||||
13 | (105 ILCS
5/2-3.132)
| ||||||
14 | Sec.
2-3.132
2-3.131 . Sharing
information on school lunch | ||||||
15 | applicants. The State Board of Education shall,
whenever | ||||||
16 | requested by the Department of Public Aid, agree in
writing | ||||||
17 | with the Department of Public Aid (as the State agency
that | ||||||
18 | administers the State Medical Assistance Program as
provided in | ||||||
19 | Title XIX of the federal Social Security Act and the
State | ||||||
20 | Children's Health Insurance Program as provided in
Title XXI of | ||||||
21 | the federal Social Security Act) to share with the
Department | ||||||
22 | of Public Aid information on applicants for free or
| ||||||
23 | reduced-price lunches. This sharing of information
shall be for | ||||||
24 | the sole purpose of helping the Department of Public
Aid | ||||||
25 | identify and enroll children in the State Medical
Assistance | ||||||
26 | Program or the State Children's Health Insurance
Program or | ||||||
27 | both as allowed under 42 U.S.C. Sec.
1758(b)(2)(C)(iii)(IV) and | ||||||
28 | under the restrictions set forth in 42 U.S.C. Sec.
| ||||||
29 | 1758(b)(2)(C)(vi) and (vii). The State Board of
Education may | ||||||
30 | not adopt any rule that would prohibit a child from
receiving | ||||||
31 | any form of subsidy or benefit due to his or her
parent or | ||||||
32 | guardian withholding consent under Section 22-35 of
this Code. | ||||||
33 | (Source: P.A. 93-404, eff. 8-1-03; revised
9-24-03.)
| ||||||
34 | (105 ILCS
5/2-3.133)
|
| |||||||
| |||||||
1 | Sec.
2-3.133
2-3.131 . Homework
assistance information for | ||||||
2 | parents. The State Board of Education
shall provide information | ||||||
3 | on its Internet web site regarding strategies that
parents can | ||||||
4 | use to assist their children in successfully
completing | ||||||
5 | homework assignments. The State Board of Education
shall notify | ||||||
6 | all school districts about this information's
availability on | ||||||
7 | the State Board of Education's Internet web
site. | ||||||
8 | (Source: P.A. 93-471, eff. 1-1-04; revised
9-24-03.) | ||||||
9 | (105 ILCS
5/2-3.134) | ||||||
10 | Sec.
2-3.134.
2-3.131.
Persistently dangerous schools. The
| ||||||
11 | State Board of Education shall maintain data and
publish a list | ||||||
12 | of persistently dangerous schools on an annual basis.
| ||||||
13 | (Source: P.A. 93-633, eff. 12-23-03; revised
1-12-04.)
| ||||||
14 | (105 ILCS
5/10-17a) (from Ch. 122, par.
10-17a)
| ||||||
15 | Sec. 10-17a.
Better schools accountability.
| ||||||
16 | (1) Policy and
Purpose. It shall be the policy of the State | ||||||
17 | of Illinois that each school district in this State,
including | ||||||
18 | special charter districts and districts subject to the
| ||||||
19 | provisions of Article 34, shall submit to parents,
taxpayers of | ||||||
20 | such district, the Governor, the General Assembly, and
the | ||||||
21 | State Board of Education a school report card
assessing the | ||||||
22 | performance of its schools and students. The report
card shall | ||||||
23 | be an index of school performance measured against
statewide | ||||||
24 | and local standards and will provide information to
make prior | ||||||
25 | year comparisons and to set future year targets
through the | ||||||
26 | school improvement plan. | ||||||
27 | (2) Reporting
Requirements. Each school district shall | ||||||
28 | prepare a report card in accordance with the
guidelines set | ||||||
29 | forth in this Section which describes the performance
of its | ||||||
30 | students by school attendance centers and by district
and the | ||||||
31 | district's financial resources and use of financial
resources. | ||||||
32 | Such report card shall be presented at a regular
school board | ||||||
33 | meeting subject to applicable notice requirements,
posted on | ||||||
34 | the school district's Internet web site, if the
district |
| |||||||
| |||||||
1 | maintains an Internet web site, made available to a
newspaper | ||||||
2 | of general circulation serving the district, and, upon
request, | ||||||
3 | sent home to a parent (unless the district does not
maintain an | ||||||
4 | Internet web site, in which case the report card shall
be sent | ||||||
5 | home to parents without request). If the district
posts the | ||||||
6 | report card on its Internet web site, the district
shall send a | ||||||
7 | written notice home to parents stating (i) that the
report card | ||||||
8 | is available on the web site, (ii) the address of the
web site, | ||||||
9 | (iii) that a printed copy of the report card will be
sent to | ||||||
10 | parents upon request, and (iv) the telephone number
that | ||||||
11 | parents may call to request a printed copy of the
report card. | ||||||
12 | In addition, each school district shall submit the
completed | ||||||
13 | report card to the office of the district's Regional
| ||||||
14 | Superintendent which shall make copies available to
any | ||||||
15 | individuals requesting them.
| ||||||
16 | The report card
shall be completed and disseminated prior | ||||||
17 | to October 31 in each school year. The report card
shall | ||||||
18 | contain, but not be limited to, actual local school
attendance | ||||||
19 | center, school district and statewide data indicating
the | ||||||
20 | present performance of the school, the State norms and
the | ||||||
21 | areas for planned improvement for the school and
school | ||||||
22 | district. | ||||||
23 | (3) (a) The
report card shall include the following | ||||||
24 | applicable indicators of attendance center, district,
and | ||||||
25 | statewide student performance: percent of students who
exceed, | ||||||
26 | meet, or do not meet standards established by the
State Board | ||||||
27 | of Education pursuant to Section 2-3.25a; composite
and subtest | ||||||
28 | means on nationally normed achievement tests for
college bound | ||||||
29 | students; student attendance rates; chronic truancy
rate; | ||||||
30 | dropout rate; graduation rate; and student mobility,
turnover | ||||||
31 | shown as a percent of transfers out and a percent of
transfers | ||||||
32 | in. | ||||||
33 | (b) The report
card shall include the following | ||||||
34 | descriptions for the school, district, and State:
average class | ||||||
35 | size; amount of time per day devoted to mathematics,
science, | ||||||
36 | English and social science at primary, middle and
junior high |
| |||||||
| |||||||
1 | school grade levels; number of students taking the
Prairie | ||||||
2 | State Achievement Examination under subsection (c) of
Section | ||||||
3 | 2-3.64, the number of those students who received a
score of | ||||||
4 | excellent, and the average score by school of students
taking | ||||||
5 | the examination; pupil-teacher ratio;
pupil-administrator | ||||||
6 | ratio; operating expenditure per pupil; district
expenditure | ||||||
7 | by fund; average administrator salary; and average
teacher | ||||||
8 | salary. The report card shall also specify the amount
of money | ||||||
9 | that the district receives from all sources, including
without | ||||||
10 | limitation subcategories specifying the amount from
local | ||||||
11 | property taxes, the amount from general State aid, the
amount | ||||||
12 | from other State funding, and the amount from other
income. | ||||||
13 | (c) The report
card shall include applicable indicators of | ||||||
14 | parental involvement in each attendance center. The
parental | ||||||
15 | involvement component of the report card shall include
the | ||||||
16 | percentage of students whose parents or guardians have
had one | ||||||
17 | or more personal contacts with the students' teachers
during | ||||||
18 | the school year concerning the students' education,
and such | ||||||
19 | other information, commentary, and suggestions as the
school | ||||||
20 | district desires. For the purposes of this paragraph,
"personal | ||||||
21 | contact" includes, but is not limited to,
parent-teacher | ||||||
22 | conferences, parental visits to school, school visits
to home, | ||||||
23 | telephone conversations, and written correspondence.
The | ||||||
24 | parental involvement component shall not single out or
identify | ||||||
25 | individual students, parents, or guardians by
name. | ||||||
26 | (d) The report
card form shall be prepared by the State | ||||||
27 | Board of Education and provided to school districts by
the most | ||||||
28 | efficient, economic, and appropriate
means. | ||||||
29 | (Source: P.A. 92-604, eff. 7-1-02; 92-631, eff.
7-11-02; | ||||||
30 | revised 7-26-02.)
| ||||||
31 | (105 ILCS
5/10-20.35)
| ||||||
32 | Sec. 10-20.35.
Medical information form for bus drivers and | ||||||
33 | emergency medical technicians. School districts are
encouraged | ||||||
34 | to create and use an emergency medical information
form for bus | ||||||
35 | drivers and emergency medical technicians for those
students |
| |||||||
| |||||||
1 | with special needs or medical conditions. The form may
include | ||||||
2 | without limitation information to be provided by the
student's | ||||||
3 | parent or legal guardian concerning the student's
relevant | ||||||
4 | medical conditions, medications that the student is
taking, the | ||||||
5 | student's communication skills, and how a bus driver
or an | ||||||
6 | emergency medical technician is to respond to certain
behaviors | ||||||
7 | of the student. If the form is used, the school
district is | ||||||
8 | encouraged to notify parents and legal guardians of
the | ||||||
9 | availability of the form. The parent or legal guardian
of the | ||||||
10 | student may fill out the form and submit it to the
school that | ||||||
11 | the student is attending. The school district is
encouraged to | ||||||
12 | keep one copy of the form on file at the school and
another | ||||||
13 | copy on the student's school bus in a secure
location. | ||||||
14 | (Source: P.A. 92-580, eff. 7-1-02.)
| ||||||
15 | (105 ILCS
5/10-20.36)
| ||||||
16 | Sec.
10-20.36
10-20.35 .
Psychotropic or psychostimulant | ||||||
17 | medication; disciplinary action.
| ||||||
18 | (a) In this
Section: | ||||||
19 | "Psychostimulant
medication" means medication that | ||||||
20 | produces increased levels of mental and physical
energy and | ||||||
21 | alertness and an elevated mood by stimulating the
central | ||||||
22 | nervous system. | ||||||
23 | "Psychotropic
medication" means psychotropic medication as | ||||||
24 | defined in Section 1-121.1 of the Mental Health and
| ||||||
25 | Developmental Disabilities Code.
| ||||||
26 | (b) Each school
board must adopt and implement a policy | ||||||
27 | that prohibits any disciplinary action that is based
totally or | ||||||
28 | in part on the refusal of a student's parent or
guardian to | ||||||
29 | administer or consent to the administration of
psychotropic or | ||||||
30 | psychostimulant medication to the
student. | ||||||
31 | The policy must
require that, at least once every 2 years, | ||||||
32 | the in-service training of certified school personnel
and | ||||||
33 | administrators include training on current best
practices | ||||||
34 | regarding the identification and treatment of
attention | ||||||
35 | deficit disorder and attention deficit hyperactivity
disorder, |
| |||||||
| |||||||
1 | the application of non-aversive behavioral
interventions in | ||||||
2 | the school environment, and the use of psychotropic or
| ||||||
3 | psychostimulant medication for school-age
children. | ||||||
4 | (c) This Section
does not prohibit school medical staff, an | ||||||
5 | individualized educational program team, or a
professional | ||||||
6 | worker (as defined in Section 14-1.10 of this Code)
from | ||||||
7 | recommending that a student be evaluated by an
appropriate | ||||||
8 | medical practitioner or prohibit school personnel from
| ||||||
9 | consulting with the practitioner with the consent of
the | ||||||
10 | student's parents or guardian.
| ||||||
11 | (Source: P.A. 92-663, eff. 1-1-03; revised
9-3-02.)
| ||||||
12 | (105 ILCS
5/10-20.37)
| ||||||
13 | Sec. 10-20.37.
Summer kindergarten. A school board may
| ||||||
14 | establish, maintain, and operate, in connection with
the | ||||||
15 | kindergarten program of the school district, a summer
| ||||||
16 | kindergarten program that begins 2 months before the
beginning | ||||||
17 | of the regular school year and a summer kindergarten
program | ||||||
18 | for grade one readiness for those pupils making
unsatisfactory | ||||||
19 | progress during the regular kindergarten session that
will | ||||||
20 | continue for 2 months after the regular school year.
The summer | ||||||
21 | kindergarten program may be held within the school
district or, | ||||||
22 | pursuant to a contract that must be approved by the
State Board | ||||||
23 | of Education, may be operated by 2 or more adjacent
school | ||||||
24 | districts or by a public or private university or
college. | ||||||
25 | Transportation for students attending the summer
kindergarten | ||||||
26 | program shall be the responsibility of the school
district. The | ||||||
27 | expense of establishing, maintaining, and operating
the summer | ||||||
28 | kindergarten program may be paid from funds
contributed or | ||||||
29 | otherwise made available to the school district for
that | ||||||
30 | purpose by federal or State
appropriation. | ||||||
31 | (Source: P.A. 93-472, eff. 8-8-03.)
| ||||||
32 | (105 ILCS
5/10-20.38)
| ||||||
33 | Sec.
10-20.38
10-20.37 .
Provision of student information | ||||||
34 | prohibited. A school district may not provide a
student's name, |
| |||||||
| |||||||
1 | address, telephone number, social security number,
e-mail | ||||||
2 | address, or other personal identifying information to
a | ||||||
3 | business organization or financial institution that
issues | ||||||
4 | credit or debit cards. | ||||||
5 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-28-03.)
| ||||||
6 | (105 ILCS
5/27-8.1) (from Ch. 122, par.
27-8.1)
| ||||||
7 | Sec. 27-8.1.
Health examinations and immunizations.
| ||||||
8 | (1) In compliance
with rules and regulations which the | ||||||
9 | Department of Public Health shall promulgate, and
except as | ||||||
10 | hereinafter provided, all children in Illinois shall
have a | ||||||
11 | health examination as follows: within one year prior
to | ||||||
12 | entering kindergarten or the first grade of any
public, | ||||||
13 | private, or parochial elementary school; upon entering
the | ||||||
14 | fifth and ninth grades of any public, private, or
parochial | ||||||
15 | school; prior to entrance into any public, private, or
| ||||||
16 | parochial nursery school; and, irrespective of grade,
| ||||||
17 | immediately prior to or upon entrance into any public,
private, | ||||||
18 | or parochial school or nursery school, each child
shall present | ||||||
19 | proof of having been examined in accordance with this
Section | ||||||
20 | and the rules and regulations promulgated
hereunder. | ||||||
21 | A tuberculosis
skin test screening shall be included as a | ||||||
22 | required part of each health examination included
under this | ||||||
23 | Section if the child resides in an area designated by
the | ||||||
24 | Department of Public Health as having a high incidence
of | ||||||
25 | tuberculosis. Additional health examinations of
pupils, | ||||||
26 | including dental and vision examinations, may be
required when | ||||||
27 | deemed necessary by school authorities. Parents are
encouraged | ||||||
28 | to have their children undergo dental and vision
examinations | ||||||
29 | at the same points in time required for health
examinations. | ||||||
30 | (2) The
Department of Public Health shall promulgate rules | ||||||
31 | and regulations specifying the examinations and
procedures | ||||||
32 | that constitute a health examination and may recommend
by rule | ||||||
33 | that certain additional examinations be performed. The
rules | ||||||
34 | and regulations of the Department of Public Health
shall | ||||||
35 | specify that a tuberculosis skin test screening shall
be |
| |||||||
| |||||||
1 | included as a required part of each health examination
included | ||||||
2 | under this Section if the child resides in an area
designated | ||||||
3 | by the Department of Public Health as having a high
incidence | ||||||
4 | of tuberculosis. The Department of Public Health shall
specify | ||||||
5 | that a diabetes screening as defined by rule shall be
included | ||||||
6 | as a required part of each health examination.
Diabetes testing | ||||||
7 | is not required. | ||||||
8 | Physicians
licensed to practice medicine in all of its | ||||||
9 | branches, advanced practice nurses who have a written
| ||||||
10 | collaborative agreement with a collaborating physician
which | ||||||
11 | authorizes them to perform health examinations, or
physician | ||||||
12 | assistants who have been delegated the performance of
health | ||||||
13 | examinations by their supervising physician shall be
| ||||||
14 | responsible for the performance of the health
examinations, | ||||||
15 | other than dental examinations and vision and hearing
| ||||||
16 | screening, and shall sign all report forms required by
| ||||||
17 | subsection (4) of this Section that pertain to those
portions | ||||||
18 | of the health examination for which the physician,
advanced | ||||||
19 | practice nurse, or physician assistant is responsible.
If a | ||||||
20 | registered nurse performs any part of a health
examination, | ||||||
21 | then a physician licensed to practice medicine in all
of its | ||||||
22 | branches must review and sign all required report
forms. | ||||||
23 | Licensed dentists shall perform all dental
examinations and | ||||||
24 | shall sign all report forms required by subsection (4)
of this | ||||||
25 | Section that pertain to the dental examinations.
Physicians | ||||||
26 | licensed to practice medicine in all its branches, or
licensed | ||||||
27 | optometrists, shall perform all vision exams required
by school | ||||||
28 | authorities and shall sign all report forms required
by | ||||||
29 | subsection (4) of this Section that pertain to the
vision exam. | ||||||
30 | Vision and hearing screening tests, which shall not be
| ||||||
31 | considered examinations as that term is used in this
Section, | ||||||
32 | shall be conducted in accordance with rules and
regulations of | ||||||
33 | the Department of Public Health, and by individuals
whom the | ||||||
34 | Department of Public Health has certified. In these
rules and | ||||||
35 | regulations, the Department of Public Health shall
require that | ||||||
36 | individuals conducting vision screening tests give a
child's |
| |||||||
| |||||||
1 | parent or guardian written notification, before the
vision | ||||||
2 | screening is conducted, that states, "Vision screening
is not a | ||||||
3 | substitute for a complete eye and vision evaluation by
an eye | ||||||
4 | doctor. Your child is not required to undergo this
vision | ||||||
5 | screening if an optometrist or ophthalmologist has
completed | ||||||
6 | and signed a report form indicating that an
examination has | ||||||
7 | been administered within the previous 12
months." | ||||||
8 | (3) Every child
shall, at or about the same time as he or | ||||||
9 | she receives a health examination required by
subsection (1) of | ||||||
10 | this Section, present to the local school proof of
having | ||||||
11 | received such immunizations against preventable
communicable | ||||||
12 | diseases as the Department of Public Health shall
require by | ||||||
13 | rules and regulations promulgated pursuant to this
Section and | ||||||
14 | the Communicable Disease Prevention Act.
| ||||||
15 | (4) The
individuals conducting the health examination | ||||||
16 | shall record the fact of having conducted the
examination, and | ||||||
17 | such additional information as required, on uniform
forms which | ||||||
18 | the Department of Public Health and the State Board of
| ||||||
19 | Education shall prescribe for statewide use. The
examiner shall | ||||||
20 | summarize on the report form any condition that he or
she | ||||||
21 | suspects indicates a need for special services. The
individuals | ||||||
22 | confirming the administration of required
immunizations shall | ||||||
23 | record as indicated on the form that the immunizations
were | ||||||
24 | administered. | ||||||
25 | (5) If a child
does not submit proof of having had either | ||||||
26 | the health examination or the immunization as
required, then | ||||||
27 | the child shall be examined or receive the
immunization, as the | ||||||
28 | case may be, and present proof by October 15 of the
current | ||||||
29 | school year, or by an earlier date of the current
school year | ||||||
30 | established by a school district. To establish a date
before | ||||||
31 | October 15 of the current school year for the health
| ||||||
32 | examination or immunization as required, a school
district must | ||||||
33 | give notice of the requirements of this Section 60
days prior | ||||||
34 | to the earlier established date. If for medical
reasons one or | ||||||
35 | more of the required immunizations must be given after
October | ||||||
36 | 15 of the current school year, or after an earlier
established |
| |||||||
| |||||||
1 | date of the current school year, then the child shall
present, | ||||||
2 | by October 15, or by the earlier established date, a
schedule | ||||||
3 | for the administration of the immunizations and a
statement of | ||||||
4 | the medical reasons causing the delay, both the
schedule and | ||||||
5 | the statement being issued by the physician, advanced
practice | ||||||
6 | nurse, physician assistant, registered nurse, or local
health | ||||||
7 | department that will be responsible for administration
of the | ||||||
8 | remaining required immunizations. If a child does not
comply by | ||||||
9 | October 15, or by the earlier established date of the
current | ||||||
10 | school year, with the requirements of this subsection,
then the | ||||||
11 | local school authority shall exclude that child from
school | ||||||
12 | until such time as the child presents proof of having
had the | ||||||
13 | health examination as required and presents proof of
having | ||||||
14 | received those required immunizations which are
medically | ||||||
15 | possible to receive immediately. During a child's
exclusion | ||||||
16 | from school for noncompliance with this subsection,
the child's | ||||||
17 | parents or legal guardian shall be considered in
violation of | ||||||
18 | Section 26-1 and subject to any penalty imposed by
Section | ||||||
19 | 26-10. | ||||||
20 | (6) Every school
shall report to the State Board of | ||||||
21 | Education by November 15, in the manner which that
agency shall | ||||||
22 | require, the number of children who have received the
necessary | ||||||
23 | immunizations and the health examination as required,
| ||||||
24 | indicating, of those who have not received the
immunizations | ||||||
25 | and examination as required, the number of children
who are | ||||||
26 | exempt from health examination and immunization
requirements | ||||||
27 | on religious or medical grounds as provided in
subsection (8). | ||||||
28 | This reported information shall be provided to the
Department | ||||||
29 | of Public Health by the State Board of
Education. | ||||||
30 | (7) Upon
determining that the number of pupils who are | ||||||
31 | required to be in compliance with subsection (5) of
this | ||||||
32 | Section is below 90% of the number of pupils enrolled
in the | ||||||
33 | school district, 10% of each State aid payment made
pursuant to | ||||||
34 | Section 18-8 to the school district for such year
shall be | ||||||
35 | withheld by the regional superintendent until the
number of | ||||||
36 | students in compliance with subsection (5) is the
applicable |
| |||||||
| |||||||
1 | specified percentage or higher.
| ||||||
2 | (8) Parents or
legal guardians who object to health | ||||||
3 | examinations or any part thereof, or to immunizations,
on | ||||||
4 | religious grounds shall not be required to submit
their | ||||||
5 | children or wards to the examinations or immunizations
to which | ||||||
6 | they so object if such parents or legal guardians
present to | ||||||
7 | the appropriate local school authority a signed
statement of | ||||||
8 | objection, detailing the grounds for the objection. If
the | ||||||
9 | physical condition of the child is such that any one
or more of | ||||||
10 | the immunizing agents should not be administered, the
examining | ||||||
11 | physician, advanced practice nurse, or physician
assistant | ||||||
12 | responsible for the performance of the health
examination shall | ||||||
13 | endorse that fact upon the health examination form.
Exempting a | ||||||
14 | child from the health examination does not exempt the
child | ||||||
15 | from participation in the program of physical
education | ||||||
16 | training provided in Sections 27-5 through 27-7 of
this Code. | ||||||
17 | (9) For the
purposes of this Section, "nursery schools" | ||||||
18 | means those nursery schools operated by elementary
school | ||||||
19 | systems or secondary level school units or
institutions of | ||||||
20 | higher learning. | ||||||
21 | (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff.
1-1-04; | ||||||
22 | 93-530, eff. 1-1-04; revised 9-11-03.)
| ||||||
23 | (105 ILCS
5/34-8.1) (from Ch. 122, par.
34-8.1)
| ||||||
24 | Sec. 34-8.1.
Principals. Principals shall be employed to
| ||||||
25 | supervise the operation of each attendance center.
Their powers | ||||||
26 | and duties shall include but not be limited to the
authority | ||||||
27 | (i) to direct, supervise, evaluate, and suspend with
or without | ||||||
28 | pay or otherwise discipline all teachers, assistant
| ||||||
29 | principals, and other employees assigned to the
attendance | ||||||
30 | center in accordance with board rules and policies and
(ii) to | ||||||
31 | direct all other persons assigned to the attendance
center | ||||||
32 | pursuant to a contract with a third party to provide
services | ||||||
33 | to the school system. The right to employ, discharge,
and | ||||||
34 | layoff shall be vested solely with the board, provided
that | ||||||
35 | decisions to discharge or suspend non-certified
employees, |
| |||||||
| |||||||
1 | including disciplinary layoffs, and the termination of
| ||||||
2 | certified employees from employment pursuant to a
layoff or | ||||||
3 | reassignment policy are subject to review under the
grievance | ||||||
4 | resolution procedure adopted pursuant to subsection
(c) of | ||||||
5 | Section 10 of the Illinois Educational Labor Relations
Act. The | ||||||
6 | grievance resolution procedure adopted by the board
shall | ||||||
7 | provide for final and binding arbitration, and,
| ||||||
8 | notwithstanding any other provision of law to the
contrary, the | ||||||
9 | arbitrator's decision may include all make-whole
relief, | ||||||
10 | including without limitation reinstatement. The
principal | ||||||
11 | shall fill positions by appointment as provided in
this Section | ||||||
12 | and may make recommendations to the board regarding
the | ||||||
13 | employment, discharge, or layoff of any individual.
The | ||||||
14 | authority of the principal shall include the authority
to | ||||||
15 | direct the hours during which the attendance center
shall be | ||||||
16 | open and available for use provided the use complies
with board | ||||||
17 | rules and policies, to determine when and what
operations shall | ||||||
18 | be conducted within those hours, and to schedule staff
within | ||||||
19 | those hours. Under the direction of, and subject to
the | ||||||
20 | authority of the principal, the Engineer In Charge
shall be | ||||||
21 | accountable for the safe, economical operation of the
plant and | ||||||
22 | grounds and shall also be responsible for orientation,
| ||||||
23 | training, and supervising the work of Engineers,
Trainees, | ||||||
24 | school maintenance assistants, custodial workers and
other | ||||||
25 | plant operation employees under his or her direction.
| ||||||
26 | There shall be
established by the board a system of | ||||||
27 | semi-annual evaluations conducted by the principal as
to | ||||||
28 | performance of the engineer in charge. Nothing in this
Section | ||||||
29 | shall prevent the principal from conducting additional
| ||||||
30 | evaluations. An overall numerical rating shall be
given by the | ||||||
31 | principal based on the evaluation conducted by the
principal. | ||||||
32 | An unsatisfactory numerical rating shall result in
| ||||||
33 | disciplinary action, which may include, without
limitation and | ||||||
34 | in the judgment of the principal, loss of promotion or
bidding | ||||||
35 | procedure, reprimand, suspension with or without pay,
or | ||||||
36 | recommended dismissal. The board shall establish
procedures |
| |||||||
| |||||||
1 | for conducting the evaluation and reporting the
results to the | ||||||
2 | engineer in charge. | ||||||
3 | Under the
direction of, and subject to the authority of, | ||||||
4 | the principal, the Food Service Manager is responsible
at all | ||||||
5 | times for the proper operation and maintenance of the
lunch | ||||||
6 | room to which he is assigned and shall also be
responsible for | ||||||
7 | the orientation, training, and supervising the work of
cooks, | ||||||
8 | bakers, porters, and lunchroom attendants under his or
her | ||||||
9 | direction.
| ||||||
10 | There shall be
established by the Board a system of | ||||||
11 | semi-annual evaluations conducted by the principal as
to the | ||||||
12 | performance of the food service manager. Nothing in
this | ||||||
13 | Section shall prevent the principal from conducting
additional | ||||||
14 | evaluations. An overall numerical rating shall be
given by the | ||||||
15 | principal based on the evaluation conducted by the
principal. | ||||||
16 | An unsatisfactory numerical rating shall result in
| ||||||
17 | disciplinary action which may include, without
limitation and | ||||||
18 | in the judgment of the principal, loss of promotion or
bidding | ||||||
19 | procedure, reprimand, suspension with or without pay,
or | ||||||
20 | recommended dismissal. The board shall establish rules
for | ||||||
21 | conducting the evaluation and reporting the results to
the food | ||||||
22 | service manager. | ||||||
23 | Nothing in this
Section shall be interpreted to require the | ||||||
24 | employment or assignment of an Engineer-In-Charge or a
Food | ||||||
25 | Service Manager for each attendance
center. | ||||||
26 | Principals shall
be employed to supervise the educational | ||||||
27 | operation of each attendance center. If a principal is
absent | ||||||
28 | due to extended illness or leave or absence, an
assistant | ||||||
29 | principal may be assigned as acting principal for a
period not | ||||||
30 | to exceed 100 school days. Each principal shall assume
| ||||||
31 | administrative responsibility and instructional
leadership, in | ||||||
32 | accordance with reasonable rules and regulations of
the board, | ||||||
33 | for the planning, operation and evaluation of the
educational | ||||||
34 | program of the attendance center to which he is
assigned. The | ||||||
35 | principal shall submit recommendations to the general
| ||||||
36 | superintendent concerning the appointment, dismissal,
|
| |||||||
| |||||||
1 | retention, promotion, and assignment of all personnel
assigned | ||||||
2 | to the attendance center; provided, that from and
after | ||||||
3 | September 1, 1989: (i) if any vacancy occurs in a
position at | ||||||
4 | the attendance center or if an additional or new
position is | ||||||
5 | created at the attendance center, that position shall
be filled | ||||||
6 | by appointment made by the principal in accordance
with | ||||||
7 | procedures established and provided by the Board
whenever the | ||||||
8 | majority of the duties included in that position are
to be | ||||||
9 | performed at the attendance center which is under the
| ||||||
10 | principal's supervision, and each such appointment so
made by | ||||||
11 | the principal shall be made and based upon merit and
ability to | ||||||
12 | perform in that position without regard to seniority
or length | ||||||
13 | of service, provided, that such appointments shall be
subject | ||||||
14 | to the Board's desegregation obligations, including
but not | ||||||
15 | limited to the Consent Decree and Desegregation Plan
in U.S. v. | ||||||
16 | Chicago Board of Education; (ii) the principal shall
submit | ||||||
17 | recommendations based upon merit and ability to
perform in the | ||||||
18 | particular position, without regard to seniority or
length of | ||||||
19 | service, to the general superintendent concerning the
| ||||||
20 | appointment of any teacher, teacher aide, counselor,
clerk, | ||||||
21 | hall guard, security guard and any other personnel
which is to | ||||||
22 | be made by the general superintendent whenever less
than a | ||||||
23 | majority of the duties of that teacher, teacher aide,
| ||||||
24 | counselor, clerk, hall guard, and security guard and
any other | ||||||
25 | personnel are to be performed at the attendance center
which is | ||||||
26 | under the principal's supervision; and (iii) subject
to law and | ||||||
27 | the applicable collective bargaining agreements, the
authority | ||||||
28 | and responsibilities of a principal with respect to
the | ||||||
29 | evaluation of all teachers and other personnel
assigned to an | ||||||
30 | attendance center shall commence immediately upon his
or her | ||||||
31 | appointment as principal of the attendance center,
without | ||||||
32 | regard to the length of time that he or she has been
the | ||||||
33 | principal of that attendance center.
| ||||||
34 | Notwithstanding
the existence of any other law of this | ||||||
35 | State, nothing in this Act shall prevent the board
from | ||||||
36 | entering into a contract with a third party for
services |
| |||||||
| |||||||
1 | currently performed by any employee or bargaining unit
member. | ||||||
2 | Notwithstanding
any other provision of this Article, each | ||||||
3 | principal may approve contracts, binding on the board,
in the | ||||||
4 | amount of no more than $10,000, if the contract is
endorsed by | ||||||
5 | the Local School Council. | ||||||
6 | Unless otherwise
prohibited by law or by rule of the board, | ||||||
7 | the principal shall provide to local school council
members | ||||||
8 | copies of all internal audits and any other pertinent
| ||||||
9 | information generated by any audits or reviews of the
programs | ||||||
10 | and operation of the attendance center.
| ||||||
11 | Each principal
shall hold a valid administrative | ||||||
12 | certificate issued or exchanged in accordance with
Article 21 | ||||||
13 | and endorsed as required by that Article for the
position of | ||||||
14 | principal. The board may establish or impose academic,
| ||||||
15 | educational, examination, and experience requirements
and | ||||||
16 | criteria that are in addition to those established and
required | ||||||
17 | by Article 21 for issuance of a valid certificate
endorsed for | ||||||
18 | the position of principal as a condition of the
nomination, | ||||||
19 | selection, appointment, employment, or continued
employment of | ||||||
20 | a person as principal of any attendance center, or as
a | ||||||
21 | condition of the renewal of any principal's
performance | ||||||
22 | contract. | ||||||
23 | The board shall
specify in its formal job description for | ||||||
24 | principals, and from and after July 1, 1990 shall
specify in | ||||||
25 | the 4 year performance contracts for use with respect
to all | ||||||
26 | principals, that his or her primary responsibility is
in the | ||||||
27 | improvement of instruction. A majority of the time
spent by a | ||||||
28 | principal shall be spent on curriculum and staff
development | ||||||
29 | through both formal and informal activities,
establishing | ||||||
30 | clear lines of communication regarding school goals,
| ||||||
31 | accomplishments, practices and policies with parents
and | ||||||
32 | teachers. The principal, with the assistance of the
local | ||||||
33 | school council, shall develop a school improvement
plan as | ||||||
34 | provided in Section 34-2.4 and, upon approval of the
plan by | ||||||
35 | the local school council, shall be responsible for
directing | ||||||
36 | implementation of the plan. The principal, with the
assistance |
| |||||||
| |||||||
1 | of the professional personnel leadership committee,
shall | ||||||
2 | develop the specific methods and contents of the
school's | ||||||
3 | curriculum within the board's system-wide curriculum
standards | ||||||
4 | and objectives and the requirements of the school
improvement | ||||||
5 | plan. The board shall ensure that all principals are
evaluated | ||||||
6 | on their instructional leadership ability and their
ability to | ||||||
7 | maintain a positive education and learning climate. It
shall | ||||||
8 | also be the responsibility of the principal to utilize
| ||||||
9 | resources of proper law enforcement agencies when the
safety | ||||||
10 | and welfare of students and teachers are threatened by
illegal | ||||||
11 | use of drugs and alcohol, by illegal use or possession
of | ||||||
12 | weapons, or by illegal gang activity.
| ||||||
13 | On or before
October 1, 1989, the Board of Education, in | ||||||
14 | consultation with any professional organization
representing | ||||||
15 | principals in the district, shall promulgate rules and
| ||||||
16 | implement a lottery for the purpose of determining
whether a | ||||||
17 | principal's existing performance contract (including
the | ||||||
18 | performance contract applicable to any principal's
position in | ||||||
19 | which a vacancy then exists) expires on June 30, 1990
or on | ||||||
20 | June 30, 1991, and whether the ensuing 4 year
performance | ||||||
21 | contract begins on July 1, 1990 or July 1, 1991. The
Board of | ||||||
22 | Education shall establish and conduct the lottery in
such | ||||||
23 | manner that of all the performance contracts of
principals | ||||||
24 | (including the performance contracts applicable to all
| ||||||
25 | principal positions in which a vacancy then exists),
50% of | ||||||
26 | such contracts shall expire on June 30, 1990, and 50%
shall | ||||||
27 | expire on June 30, 1991. All persons serving as
principal on | ||||||
28 | May 1, 1989, and all persons appointed as principal
after May | ||||||
29 | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in
a manner | ||||||
30 | other than as provided by Section 34-2.3, shall be
deemed by | ||||||
31 | operation of law to be serving under a performance
contract | ||||||
32 | which expires on June 30, 1990 or June 30, 1991; and
unless | ||||||
33 | such performance contract of any such principal is
renewed (or | ||||||
34 | such person is again appointed to serve as principal)
in the | ||||||
35 | manner provided by Section 34-2.2 or 34-2.3, the
employment of | ||||||
36 | such person as principal shall terminate on June 30,
1990 or |
| |||||||
| |||||||
1 | June 30, 1991. | ||||||
2 | Commencing on
July 1, 1990, or on July 1, 1991, and | ||||||
3 | thereafter, the principal of each attendance center
shall be | ||||||
4 | the person selected in the manner provided by Section
34-2.3 to | ||||||
5 | serve as principal of that attendance center under a 4
year | ||||||
6 | performance contract. All performance contracts of
principals | ||||||
7 | expiring after July 1, 1990, or July 1, 1991, shall
commence on | ||||||
8 | the date specified in the contract, and the renewal of
their | ||||||
9 | performance contracts and the appointment of
principals when | ||||||
10 | their performance contracts are not renewed shall be
governed | ||||||
11 | by Sections 34-2.2 and 34-2.3. Whenever a vacancy in
the office | ||||||
12 | of a principal occurs for any reason, the vacancy
shall be | ||||||
13 | filled by the selection of a new principal to serve
under a 4 | ||||||
14 | year performance contract in the manner provided by
Section | ||||||
15 | 34-2.3. | ||||||
16 | The board of
education shall develop and prepare, in | ||||||
17 | consultation with the organization representing
principals, a | ||||||
18 | performance contract for use at all attendance
centers, and | ||||||
19 | shall furnish the same to each local school council.
The term | ||||||
20 | of the performance contract shall be 4 years, unless
the | ||||||
21 | principal is retained by the decision of a hearing
officer | ||||||
22 | pursuant to subdivision 1.5 of Section 34-2.3, in
which case | ||||||
23 | the contract shall be extended for 2 years. The
performance | ||||||
24 | contract of each principal shall consist of the
uniform | ||||||
25 | performance contract, as developed or from time to
time | ||||||
26 | modified by the board, and such additional criteria as
are | ||||||
27 | established by a local school council pursuant to
Section | ||||||
28 | 34-2.3 for the performance contract of its
principal. | ||||||
29 | During the term
of his or her performance contract, a | ||||||
30 | principal may be removed only as provided for in the
| ||||||
31 | performance contract except for cause. He or she shall
also be | ||||||
32 | obliged to follow the rules of the board of education
| ||||||
33 | concerning conduct and efficiency.
| ||||||
34 | In the event the
performance contract of a principal is not | ||||||
35 | renewed or a principal is not reappointed as principal
under a | ||||||
36 | new performance contract, or in the event a principal
is |
| |||||||
| |||||||
1 | appointed to any position of superintendent or higher
position, | ||||||
2 | or voluntarily resigns his position of principal, his
or her | ||||||
3 | employment as a principal shall terminate and such
former | ||||||
4 | principal shall not be reinstated to the position from
which he | ||||||
5 | or she was promoted to principal, except that he or
she, if | ||||||
6 | otherwise qualified and certified in accordance with
Article | ||||||
7 | 21, shall be placed by the board on appropriate
eligibility | ||||||
8 | lists which it prepares for use in the filling of
vacant or | ||||||
9 | additional or newly created positions for teachers.
The | ||||||
10 | principal's total years of service to the board as
both a | ||||||
11 | teacher and a principal, or in other professional
capacities, | ||||||
12 | shall be used in calculating years of experience for
purposes | ||||||
13 | of being selected as a teacher into new, additional or
vacant | ||||||
14 | positions. | ||||||
15 | In the event the
performance contract of a principal is not | ||||||
16 | renewed or a principal is not reappointed as principal
under a | ||||||
17 | new performance contract, such principal shall be
eligible to | ||||||
18 | continue to receive his or her previously provided
level of | ||||||
19 | health insurance benefits for a period of 90 days
following the | ||||||
20 | non-renewal of the contract at no expense to the
principal, | ||||||
21 | provided that such principal has not
retired. | ||||||
22 | (Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03;
revised | ||||||
23 | 9-11-03.)
| ||||||
24 | (105 ILCS
5/34-18.23)
| ||||||
25 | Sec. 34-18.23.
Medical information form for bus drivers and | ||||||
26 | emergency medical technicians. The school district is
| ||||||
27 | encouraged to create and use an emergency medical
information | ||||||
28 | form for bus drivers and emergency medical technicians
for | ||||||
29 | those students with special needs or medical
conditions. The | ||||||
30 | form may include without limitation information to be
provided | ||||||
31 | by the student's parent or legal guardian concerning
the | ||||||
32 | student's relevant medical conditions, medications
that the | ||||||
33 | student is taking, the student's communication skills,
and how | ||||||
34 | a bus driver or an emergency medical technician is to
respond | ||||||
35 | to certain behaviors of the student. If the form is
used, the |
| |||||||
| |||||||
1 | school district is encouraged to notify parents and
legal | ||||||
2 | guardians of the availability of the form. The parent
or legal | ||||||
3 | guardian of the student may fill out the form and
submit it to | ||||||
4 | the school that the student is attending. The school
district | ||||||
5 | is encouraged to keep one copy of the form on file at
the | ||||||
6 | school and another copy on the student's school bus in
a secure | ||||||
7 | location. | ||||||
8 | (Source: P.A. 92-580, eff. 7-1-02.)
| ||||||
9 | (105 ILCS
5/34-18.25)
| ||||||
10 | Sec.
34-18.25
34-18.23 .
Psychotropic or psychostimulant | ||||||
11 | medication; disciplinary action.
| ||||||
12 | (a) In this
Section: | ||||||
13 | "Psychostimulant
medication" means medication that | ||||||
14 | produces increased levels of mental and physical
energy and | ||||||
15 | alertness and an elevated mood by stimulating the
central | ||||||
16 | nervous system. | ||||||
17 | "Psychotropic
medication" means psychotropic medication as | ||||||
18 | defined in Section 1-121.1 of the Mental Health and
| ||||||
19 | Developmental Disabilities Code.
| ||||||
20 | (b) The board
must adopt and implement a policy that | ||||||
21 | prohibits any disciplinary action that is based
totally or in | ||||||
22 | part on the refusal of a student's parent or guardian
to | ||||||
23 | administer or consent to the administration of
psychotropic or | ||||||
24 | psychostimulant medication to the
student. | ||||||
25 | The policy must
require that, at least once every 2 years, | ||||||
26 | the in-service training of certified school personnel
and | ||||||
27 | administrators include training on current best
practices | ||||||
28 | regarding the identification and treatment of
attention | ||||||
29 | deficit disorder and attention deficit hyperactivity
disorder, | ||||||
30 | the application of non-aversive behavioral
interventions in | ||||||
31 | the school environment, and the use of psychotropic or
| ||||||
32 | psychostimulant medication for school-age
children. | ||||||
33 | (c) This Section
does not prohibit school medical staff, an | ||||||
34 | individualized educational program team, or a
professional | ||||||
35 | worker (as defined in Section 14-1.10 of this Code)
from |
| |||||||
| |||||||
1 | recommending that a student be evaluated by an
appropriate | ||||||
2 | medical practitioner or prohibit school personnel from
| ||||||
3 | consulting with the practitioner with the consent of
the | ||||||
4 | student's parents or guardian.
| ||||||
5 | (Source: P.A. 92-663, eff. 1-1-03; revised
9-3-02.)
| ||||||
6 | (105 ILCS
5/34-18.26)
| ||||||
7 | Sec. 34-18.26.
Sharing information on school lunch | ||||||
8 | applicants. The board shall, whenever
requested by the | ||||||
9 | Department of Public Aid, agree in writing with the
Department | ||||||
10 | of Public Aid (as the State agency that administers
the State | ||||||
11 | Medical Assistance Program as provided in Title XIX of
the | ||||||
12 | federal Social Security Act and the State Children's
Health | ||||||
13 | Insurance Program as provided in Title XXI of the
federal | ||||||
14 | Social Security Act) to share with the Department of
Public Aid | ||||||
15 | information on applicants for free or reduced-price
lunches. | ||||||
16 | The board shall, whenever requested by the Department
of Public | ||||||
17 | Aid, require each of its schools to agree in writing
with the | ||||||
18 | Department of Public Aid to share with the Department
of Public | ||||||
19 | Aid information on applicants for free or
reduced-price | ||||||
20 | lunches. This sharing of information shall be for the
sole | ||||||
21 | purpose of helping the Department of Public Aid
identify and | ||||||
22 | enroll children in the State Medical Assistance
Program or the | ||||||
23 | State Children's Health Insurance Program or both as
allowed | ||||||
24 | under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under
the | ||||||
25 | restrictions set forth in 42 U.S.C. Sec.
1758(b)(2)(C)(vi) and | ||||||
26 | (vii). | ||||||
27 | (Source: P.A. 93-404, eff. 8-1-03.)
| ||||||
28 | (105 ILCS
5/34-18.27)
| ||||||
29 | Sec.
34-18.27
34-18.26 . Summer
kindergarten. The board may | ||||||
30 | establish, maintain, and operate, in connection with
the | ||||||
31 | kindergarten program of the school district, a summer
| ||||||
32 | kindergarten program that begins 2 months before the
beginning | ||||||
33 | of the regular school year and a summer kindergarten
program | ||||||
34 | for grade one readiness for those pupils making
unsatisfactory |
| |||||||
| |||||||
1 | progress during the regular kindergarten session that
will | ||||||
2 | continue for 2 months after the regular school year.
The summer | ||||||
3 | kindergarten program may be held within the school
district or, | ||||||
4 | pursuant to a contract that must be approved by the
State Board | ||||||
5 | of Education, may be operated by 2 or more adjacent
school | ||||||
6 | districts or by a public or private university or
college. | ||||||
7 | Transportation for students attending the summer
kindergarten | ||||||
8 | program shall be the responsibility of the school
district. The | ||||||
9 | expense of establishing, maintaining, and operating
the summer | ||||||
10 | kindergarten program may be paid from funds
contributed or | ||||||
11 | otherwise made available to the school district for
that | ||||||
12 | purpose by federal or State
appropriation. | ||||||
13 | (Source: P.A. 93-472, eff. 8-8-03; revised
9-24-03.)
| ||||||
14 | (105 ILCS
5/34-18.28)
| ||||||
15 | Sec.
34-18.28
34-18.26 . Prison
tour pilot program. The | ||||||
16 | board shall establish a pilot program to prevent crime
by | ||||||
17 | developing guidelines to identify students at risk of
| ||||||
18 | committing crimes. "Students at risk of committing
crimes" | ||||||
19 | shall be limited to those students who have engaged in
serious | ||||||
20 | acts of misconduct in violation of the board's policy
on | ||||||
21 | discipline. This program, in cooperation with the
Department of | ||||||
22 | Corrections, shall include a guided tour of a prison
for each | ||||||
23 | student so identified in order to discourage criminal
behavior. | ||||||
24 | The touring of a prison under this Section shall be
subject to | ||||||
25 | approval, in writing, of a student's parent or
guardian. | ||||||
26 | (Source: P.A. 93-538, eff. 1-1-04; revised
9-24-03.)
| ||||||
27 | (105 ILCS
5/34-18.29)
| ||||||
28 | Sec.
34-18.29
34-18.26 .
Provision of student information | ||||||
29 | prohibited. The school district may not
provide a student's | ||||||
30 | name, address, telephone number, social security
number, | ||||||
31 | e-mail address, or other personal identifying
information to a | ||||||
32 | business organization or financial institution that
issues | ||||||
33 | credit or debit cards. | ||||||
34 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) |
| |||||||
| |||||||
1 | Section 265.
The Southern Illinois University Management | ||||||
2 | Act is amended by setting forth and renumbering
multiple | ||||||
3 | versions of Section 15 as
follows:
| ||||||
4 | (110 ILCS
520/15)
| ||||||
5 | Sec. 15.
Limitation on tuition increase. This Section
| ||||||
6 | applies only to those students who first enroll after
the | ||||||
7 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
8 | following initial enrollment (or for undergraduate
programs | ||||||
9 | that require more than 4 years to complete, for the
normal time | ||||||
10 | to complete the program, as determined by the
University), the | ||||||
11 | tuition charged an undergraduate student who is an
Illinois | ||||||
12 | resident shall not exceed the amount that the student
was | ||||||
13 | charged at the time he or she first enrolled in the
University. | ||||||
14 | However, if the student changes majors during this
time period, | ||||||
15 | the tuition charged the student shall equal the amount
the | ||||||
16 | student would have been charged had he or she been
admitted to | ||||||
17 | the changed major when he or she first
enrolled. | ||||||
18 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
19 | (110 ILCS
520/16)
| ||||||
20 | Sec.
16
15 . Provision of
student information prohibited. | ||||||
21 | The University may not provide a student's name,
address, | ||||||
22 | telephone number, social security number, e-mail
address, or | ||||||
23 | other personal identifying information to a business
| ||||||
24 | organization or financial institution that issues
credit or | ||||||
25 | debit cards, unless the student is 21 years of age or
older. | ||||||
26 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
27 | Section 270.
The Chicago State University Law is amended by | ||||||
28 | setting forth and renumbering multiple versions of
Section | ||||||
29 | 5-120 as follows:
| ||||||
30 | (110 ILCS
660/5-120)
| ||||||
31 | Sec. 5-120.
Limitation on tuition increase. This Section
|
| |||||||
| |||||||
1 | applies only to those students who first enroll after
the | ||||||
2 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
3 | following initial enrollment (or for undergraduate
programs | ||||||
4 | that require more than 4 years to complete, for the
normal time | ||||||
5 | to complete the program, as determined by the
University), the | ||||||
6 | tuition charged an undergraduate student who is an
Illinois | ||||||
7 | resident shall not exceed the amount that the student
was | ||||||
8 | charged at the time he or she first enrolled in the
University. | ||||||
9 | However, if the student changes majors during this
time period, | ||||||
10 | the tuition charged the student shall equal the amount
the | ||||||
11 | student would have been charged had he or she been
admitted to | ||||||
12 | the changed major when he or she first
enrolled. | ||||||
13 | (Source: P.A. 93-228; eff. 1-1-04.)
| ||||||
14 | (110 ILCS
660/5-125)
| ||||||
15 | Sec.
5-125
5-120 . Provision
of student information | ||||||
16 | prohibited. The University may not
provide a student's name, | ||||||
17 | address, telephone number, social security number,
e-mail | ||||||
18 | address, or other personal identifying information to
a | ||||||
19 | business organization or financial institution that
issues | ||||||
20 | credit or debit cards, unless the student is 21 years
of age or | ||||||
21 | older. | ||||||
22 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
23 | Section 275.
The Eastern Illinois University Law is amended | ||||||
24 | by setting forth and renumbering multiple versions of
Section | ||||||
25 | 10-120 as follows:
| ||||||
26 | (110 ILCS
665/10-120)
| ||||||
27 | Sec. 10-120.
Limitation on tuition increase. This Section
| ||||||
28 | applies only to those students who first enroll after
the | ||||||
29 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
30 | following initial enrollment (or for undergraduate
programs | ||||||
31 | that require more than 4 years to complete, for the
normal time | ||||||
32 | to complete the program, as determined by the
University), the | ||||||
33 | tuition charged an undergraduate student who is an
Illinois |
| |||||||
| |||||||
1 | resident shall not exceed the amount that the student
was | ||||||
2 | charged at the time he or she first enrolled in the
University. | ||||||
3 | However, if the student changes majors during this
time period, | ||||||
4 | the tuition charged the student shall equal the amount
the | ||||||
5 | student would have been charged had he or she been
admitted to | ||||||
6 | the changed major when he or she first
enrolled. | ||||||
7 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
8 | (110 ILCS
665/10-125)
| ||||||
9 | Sec.
10-125
10-120 . Provision
of student information | ||||||
10 | prohibited. The University may not
provide a student's name, | ||||||
11 | address, telephone number, social security number,
e-mail | ||||||
12 | address, or other personal identifying information to
a | ||||||
13 | business organization or financial institution that
issues | ||||||
14 | credit or debit cards, unless the student is 21 years
of age or | ||||||
15 | older. | ||||||
16 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
17 | Section 280.
The Governors State University Law is amended | ||||||
18 | by setting forth and renumbering multiple versions of
Section | ||||||
19 | 15-120 as follows:
| ||||||
20 | (110 ILCS
670/15-120)
| ||||||
21 | Sec. 15-120.
Limitation on tuition increase. This Section
| ||||||
22 | applies only to those students who first enroll after
the | ||||||
23 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
24 | following initial enrollment (or for undergraduate
programs | ||||||
25 | that require more than 4 years to complete, for the
normal time | ||||||
26 | to complete the program, as determined by the
University), the | ||||||
27 | tuition charged an undergraduate student who is an
Illinois | ||||||
28 | resident shall not exceed the amount that the student
was | ||||||
29 | charged at the time he or she first enrolled in the
University. | ||||||
30 | However, if the student changes majors during this
time period, | ||||||
31 | the tuition charged the student shall equal the amount
the | ||||||
32 | student would have been charged had he or she been
admitted to | ||||||
33 | the changed major when he or she first
enrolled. |
| |||||||
| |||||||
1 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
2 | (110 ILCS
670/15-125)
| ||||||
3 | Sec.
15-125
15-120 . Provision
of student information | ||||||
4 | prohibited. The University may not
provide a student's name, | ||||||
5 | address, telephone number, social security number,
e-mail | ||||||
6 | address, or other personal identifying information to
a | ||||||
7 | business organization or financial institution that
issues | ||||||
8 | credit or debit cards, unless the student is 21 years
of age or | ||||||
9 | older. | ||||||
10 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
11 | Section 285.
The Illinois State University Law is amended | ||||||
12 | by setting forth and renumbering multiple versions of
Section | ||||||
13 | 20-125 as follows:
| ||||||
14 | (110 ILCS
675/20-125)
| ||||||
15 | Sec. 20-125.
Limitation on tuition increase. This Section
| ||||||
16 | applies only to those students who first enroll after
the | ||||||
17 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
18 | following initial enrollment (or for undergraduate
programs | ||||||
19 | that require more than 4 years to complete, for the
normal time | ||||||
20 | to complete the program, as determined by the
University), the | ||||||
21 | tuition charged an undergraduate student who is an
Illinois | ||||||
22 | resident shall not exceed the amount that the student
was | ||||||
23 | charged at the time he or she first enrolled in the
University. | ||||||
24 | However, if the student changes majors during this
time period, | ||||||
25 | the tuition charged the student shall equal the amount
the | ||||||
26 | student would have been charged had he or she been
admitted to | ||||||
27 | the changed major when he or she first
enrolled. | ||||||
28 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
29 | (110 ILCS
675/20-130)
| ||||||
30 | Sec.
20-130
20-125 . Provision
of student information | ||||||
31 | prohibited. The University may not
provide a student's name, | ||||||
32 | address, telephone number, social security number,
e-mail |
| |||||||
| |||||||
1 | address, or other personal identifying information to
a | ||||||
2 | business organization or financial institution that
issues | ||||||
3 | credit or debit cards, unless the student is 21 years
of age or | ||||||
4 | older. | ||||||
5 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
6 | Section 290.
The Northeastern Illinois University Law is | ||||||
7 | amended by setting forth and renumbering multiple
versions of | ||||||
8 | Section 25-120 as follows:
| ||||||
9 | (110 ILCS
680/25-120)
| ||||||
10 | Sec. 25-120.
Limitation on tuition increase. This Section
| ||||||
11 | applies only to those students who first enroll after
the | ||||||
12 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
13 | following initial enrollment (or for undergraduate
programs | ||||||
14 | that require more than 4 years to complete, for the
normal time | ||||||
15 | to complete the program, as determined by the
University), the | ||||||
16 | tuition charged an undergraduate student who is an
Illinois | ||||||
17 | resident shall not exceed the amount that the student
was | ||||||
18 | charged at the time he or she first enrolled in the
University. | ||||||
19 | However, if the student changes majors during this
time period, | ||||||
20 | the tuition charged the student shall equal the amount
the | ||||||
21 | student would have been charged had he or she been
admitted to | ||||||
22 | the changed major when he or she first
enrolled. | ||||||
23 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
24 | (110 ILCS
680/25-125)
| ||||||
25 | Sec.
25-125
25-120 . Provision
of student information | ||||||
26 | prohibited. The University may not
provide a student's name, | ||||||
27 | address, telephone number, social security number,
e-mail | ||||||
28 | address, or other personal identifying information to
a | ||||||
29 | business organization or financial institution that
issues | ||||||
30 | credit or debit cards, unless the student is 21 years
of age or | ||||||
31 | older. | ||||||
32 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) |
| |||||||
| |||||||
1 | Section 295.
The Northern Illinois University Law is | ||||||
2 | amended by setting forth and renumbering multiple
versions of | ||||||
3 | Section 30-130 as follows:
| ||||||
4 | (110 ILCS
685/30-130)
| ||||||
5 | Sec. 30-130.
Limitation on tuition increase. This Section
| ||||||
6 | applies only to those students who first enroll after
the | ||||||
7 | 2003-2004 academic year. For 4 continuous academic
years | ||||||
8 | following initial enrollment (or for undergraduate
programs | ||||||
9 | that require more than 4 years to complete, for the
normal time | ||||||
10 | to complete the program, as determined by the
University), the | ||||||
11 | tuition charged an undergraduate student who is an
Illinois | ||||||
12 | resident shall not exceed the amount that the student
was | ||||||
13 | charged at the time he or she first enrolled in the
University. | ||||||
14 | However, if the student changes majors during this
time period, | ||||||
15 | the tuition charged the student shall equal the amount
the | ||||||
16 | student would have been charged had he or she been
admitted to | ||||||
17 | the changed major when he or she first
enrolled. | ||||||
18 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
19 | (110 ILCS
685/30-135)
| ||||||
20 | Sec.
30-135
30-130 . Provision
of student information | ||||||
21 | prohibited. The University may not
provide a student's name, | ||||||
22 | address, telephone number, social security number,
e-mail | ||||||
23 | address, or other personal identifying information to
a | ||||||
24 | business organization or financial institution that
issues | ||||||
25 | credit or debit cards, unless the student is 21 years
of age or | ||||||
26 | older. | ||||||
27 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
28 | Section 300.
The Western Illinois University Law is amended | ||||||
29 | by setting forth and renumbering multiple versions of
Section | ||||||
30 | 35-125 as follows:
| ||||||
31 | (110 ILCS
690/35-125)
| ||||||
32 | Sec. 35-125.
Limitation on tuition increase. This Section
|
| |||||||
| |||||||
1 | applies only to those students who first enroll after
the | ||||||
2 | 2003-2004 academic year. The tuition charged an
undergraduate | ||||||
3 | student who is an Illinois resident shall not exceed
the amount | ||||||
4 | that the student was charged at the time he or she
first | ||||||
5 | enrolled at the University as an Illinois resident if
that | ||||||
6 | student first enrolled not more than 3 and one-half
academic | ||||||
7 | years before. However, if the student changes majors
during | ||||||
8 | this time period, the tuition charged the student
shall equal | ||||||
9 | the amount the student would have been charged had he
or she | ||||||
10 | been admitted to the changed major when he or she
first | ||||||
11 | enrolled. | ||||||
12 | (Source: P.A. 93-228, eff. 1-1-04.)
| ||||||
13 | (110 ILCS
690/35-130)
| ||||||
14 | Sec.
35-130
35-125 . Provision
of student information | ||||||
15 | prohibited. The University may not
provide a student's name, | ||||||
16 | address, telephone number, social security number,
e-mail | ||||||
17 | address, or other personal identifying information to
a | ||||||
18 | business organization or financial institution that
issues | ||||||
19 | credit or debit cards, unless the student is 21 years
of age or | ||||||
20 | older. | ||||||
21 | (Source: P.A. 93-549, eff. 8-19-03; revised
9-24-03.) | ||||||
22 | Section 305.
The Public Community College Act is amended by | ||||||
23 | changing Section 2-16.08 as
follows:
| ||||||
24 | (110 ILCS
805/2-16.08)
| ||||||
25 | Sec. 2-16.08.
ICCB Federal Trust Fund. The ICCB Federal
| ||||||
26 | Trust Fund is created as a special fund in the State
treasury. | ||||||
27 | Money recovered from federal programs for general
| ||||||
28 | administration that
is
are received by the State Board
shall be | ||||||
29 | deposited into the ICCB Federal Trust Fund. All money
in the | ||||||
30 | ICCB Federal Trust Fund shall be used, subject to
appropriation | ||||||
31 | by the General Assembly, by the State Board for the
ordinary | ||||||
32 | and contingent expenses of the State
Board. | ||||||
33 | (Source: P.A. 93-153, eff. 7-10-03; revised
1-14-04.) |
| |||||||
| |||||||
1 | Section 310.
The Higher Education Loan Act is amended by | ||||||
2 | changing Sections 3, 3.01, and 5 as
follows:
| ||||||
3 | (110 ILCS
945/3) (from Ch. 144, par.
1603)
| ||||||
4 | Sec. 3.
Definitions. In this Act, unless the context
| ||||||
5 | otherwise requires, the terms specified in Sections
3.01 | ||||||
6 | through 3.13 of this Act and the Illinois Finance
Facilities | ||||||
7 | Authority Act have the meanings ascribed to them in
those Acts. | ||||||
8 | (Source: P.A. 93-205, eff. 1-1-04; revised
10-9-03.)
| ||||||
9 | (110 ILCS
945/3.01) (from Ch. 144, par.
1603.01)
| ||||||
10 | Sec. 3.01.
Authority. "Authority" means the Illinois
State | ||||||
11 | Finance Authority created by the Illinois
State Finance | ||||||
12 | Authority Act. | ||||||
13 | (Source: P.A. 93-205, eff. 1-1-04; revised
10-9-03.)
| ||||||
14 | (110 ILCS
945/5) (from Ch. 144, par.
1605)
| ||||||
15 | Sec. 5.
Transfer of functions from the Illinois Educational
| ||||||
16 | Facilities Authority to the Illinois Finance
Authority. The | ||||||
17 | Illinois Finance Authority created by the Illinois
Finance | ||||||
18 | Authority Act shall succeed to, assume and exercise
all rights, | ||||||
19 | powers, duties and responsibilities formerly exercised
by the | ||||||
20 | Illinois Educational Facilities Authority prior to the
| ||||||
21 | abolition of that Authority by this amendatory Act of
the 93rd | ||||||
22 | General Assembly. All books, records, papers,
documents and | ||||||
23 | pending business in any way pertaining to the former
Illinois | ||||||
24 | Educational Facilities Authority are transferred to
the | ||||||
25 | Illinois
State Finance Authority, but
any rights or obligations | ||||||
26 | of any person under any contract made by, or under any
rules, | ||||||
27 | regulations, uniform standards, criteria and
guidelines | ||||||
28 | established or approved by, such former Illinois
Educational | ||||||
29 | Facilities Authority shall be unaffected thereby. All
bonds, | ||||||
30 | notes or other evidences of indebtedness outstanding
on the | ||||||
31 | effective date of this amendatory Act of the 93rd
General | ||||||
32 | Assembly shall be unaffected by the transfer of
functions to |
| |||||||
| |||||||
1 | the Illinois Finance Authority. No rule, regulation,
standard, | ||||||
2 | criteria or guideline promulgated, established or
approved by | ||||||
3 | the former Illinois Educational Facilities Authority
pursuant | ||||||
4 | to an exercise of any right, power, duty or
responsibility | ||||||
5 | assumed by and transferred to the Illinois Finance
Authority | ||||||
6 | shall be affected by this amendatory Act of the 93rd
General | ||||||
7 | Assembly, and all such rules, regulations, standards,
criteria | ||||||
8 | and guidelines shall become those of the Illinois
Finance | ||||||
9 | Authority until such time as they are amended or
repealed by | ||||||
10 | the Authority. | ||||||
11 | (Source: P.A. 93-205, eff. 1-1-04; revised
10-9-03.) | ||||||
12 | Section 315.
The Illinois Educational Labor Relations Act | ||||||
13 | is amended by changing Sections 2 and 7 as
follows:
| ||||||
14 | (115 ILCS
5/2) (from Ch. 48, par.
1702)
| ||||||
15 | Sec. 2.
Definitions. As used in this Act:
| ||||||
16 | (a) "Educational
employer" or "employer" means the | ||||||
17 | governing body of a public school district,
combination of | ||||||
18 | public school districts, including the governing body
of joint | ||||||
19 | agreements of any type formed by 2 or more school
districts, | ||||||
20 | public community college district or State college or
| ||||||
21 | university, and any State agency whose major function
is | ||||||
22 | providing educational services. "Educational employer"
or | ||||||
23 | "employer" does not include a Financial Oversight
Panel created | ||||||
24 | pursuant to Section 1A-8 of the School Code due to a
district | ||||||
25 | violating a financial plan but does include a School
Finance | ||||||
26 | Authority created under Article 1E or 1F of the School
Code. | ||||||
27 | (b) "Educational
employee" or "employee" means any | ||||||
28 | individual, excluding supervisors, managerial,
confidential, | ||||||
29 | short term employees, student, and part-time academic
| ||||||
30 | employees of community colleges employed full or part
time by | ||||||
31 | an educational employer, but shall not include elected
| ||||||
32 | officials and appointees of the Governor with the
advice and | ||||||
33 | consent of the Senate, firefighters as defined by
subsection | ||||||
34 | (g-1) of Section 3 of the Illinois Public Labor
Relations Act, |
| |||||||
| |||||||
1 | and peace officers employed by a State university. For
the | ||||||
2 | purposes of this Act, part-time academic employees of
community | ||||||
3 | colleges shall be defined as those employees who
provide less | ||||||
4 | than 3 credit hours of instruction per academic
semester. | ||||||
5 | (c) "Employee
organization" or "labor organization" means | ||||||
6 | an organization of any kind in which membership
includes | ||||||
7 | educational employees, and which exists for the
purpose, in | ||||||
8 | whole or in part, of dealing with employers concerning
| ||||||
9 | grievances, employee-employer disputes, wages, rates
of pay, | ||||||
10 | hours of employment, or conditions of work, but shall
not | ||||||
11 | include any organization which practices
discrimination in | ||||||
12 | membership because of race, color, creed, age, gender,
national | ||||||
13 | origin or political affiliation.
| ||||||
14 | (d) "Exclusive
representative" means the labor | ||||||
15 | organization which has been designated by the Illinois
| ||||||
16 | Educational Labor Relations Board as the
representative of the | ||||||
17 | majority of educational employees in an appropriate
unit, or | ||||||
18 | recognized by an educational employer prior to January
1, 1984 | ||||||
19 | as the exclusive representative of the employees in an
| ||||||
20 | appropriate unit or, after January 1, 1984, recognized
by an | ||||||
21 | employer upon evidence that the employee organization
has been | ||||||
22 | designated as the exclusive representative by a
majority of the | ||||||
23 | employees in an appropriate unit.
| ||||||
24 | (e) "Board" means
the Illinois Educational Labor Relations | ||||||
25 | Board. | ||||||
26 | (f) "Regional
Superintendent" means the regional | ||||||
27 | superintendent of schools provided for in Articles 3
and 3A of | ||||||
28 | The School Code. | ||||||
29 | (g) "Supervisor"
means any individual having authority in | ||||||
30 | the interests of the employer to hire, transfer,
suspend, lay | ||||||
31 | off, recall, promote, discharge, reward or discipline
other | ||||||
32 | employees within the appropriate bargaining unit and
adjust | ||||||
33 | their grievances, or to effectively recommend such
action if | ||||||
34 | the exercise of such authority is not of a merely
routine or | ||||||
35 | clerical nature but requires the use of independent
judgment. | ||||||
36 | The term "supervisor" includes only those individuals
who |
| |||||||
| |||||||
1 | devote a preponderance of their employment time to
such | ||||||
2 | exercising authority. | ||||||
3 | (h) "Unfair labor
practice" or "unfair practice" means any | ||||||
4 | practice prohibited by Section 14 of this
Act. | ||||||
5 | (i) "Person"
includes an individual, educational employee, | ||||||
6 | educational employer, legal representative, or
employee | ||||||
7 | organization. | ||||||
8 | (j) "Wages" means
salaries or other forms of compensation | ||||||
9 | for services rendered. | ||||||
10 | (k) "Professional
employee" means, in the case of a public | ||||||
11 | community college, State college or university, State
agency | ||||||
12 | whose major function is providing educational
services, the | ||||||
13 | Illinois School for the Deaf, and the Illinois School
for the | ||||||
14 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
15 | predominantly intellectual and varied in character as
opposed | ||||||
16 | to routine mental, manual, mechanical, or physical
work; (ii) | ||||||
17 | involving the consistent exercise of discretion and
judgment in | ||||||
18 | its performance; (iii) of such character that the
output | ||||||
19 | produced or the result accomplished cannot be
standardized in | ||||||
20 | relation to a given period of time; and (iv) requiring
| ||||||
21 | knowledge of an advanced type in a field of science or
learning | ||||||
22 | customarily acquired by a prolonged course of
specialized | ||||||
23 | intellectual instruction and study in an institution
of higher | ||||||
24 | learning or a hospital, as distinguished from a
general | ||||||
25 | academic education or from an apprenticeship or from
training | ||||||
26 | in the performance of routine mental, manual, or
physical | ||||||
27 | processes; or (2) any employee, who (i) has completed
the | ||||||
28 | courses of specialized intellectual instruction and
study | ||||||
29 | described in clause (iv) of paragraph (1) of this
subsection, | ||||||
30 | and (ii) is performing related work under the
supervision of a | ||||||
31 | professional person to qualify himself or herself to
become a | ||||||
32 | professional as defined in paragraph (l).
| ||||||
33 | (l) "Professional
employee" means, in the case of any | ||||||
34 | public school district, or combination of school
districts | ||||||
35 | pursuant to joint agreement, any employee who has a
certificate | ||||||
36 | issued under Article 21 or Section 34-83 of the School
Code, as |
| |||||||
| |||||||
1 | now or hereafter amended. | ||||||
2 | (m) "Unit" or
"bargaining unit" means any group of | ||||||
3 | employees for which an exclusive representative is
selected. | ||||||
4 | (n) "Confidential
employee" means an employee, who (i) in | ||||||
5 | the regular course of his or her duties, assists and
acts in a | ||||||
6 | confidential capacity to persons who formulate,
determine and | ||||||
7 | effectuate management policies with regard to labor
relations | ||||||
8 | or who (ii) in the regular course of his or her duties
has | ||||||
9 | access to information relating to the effectuation or
review of | ||||||
10 | the employer's collective bargaining
policies. | ||||||
11 | (o) "Managerial
employee" means an individual who is | ||||||
12 | engaged predominantly in executive and management
functions | ||||||
13 | and is charged with the responsibility of directing
the | ||||||
14 | effectuation of such management policies and
practices. | ||||||
15 | (p) "Craft
employee" means a skilled journeyman, craft | ||||||
16 | person, and his or her apprentice or
helper. | ||||||
17 | (q) "Short-term
employee" is an employee who is employed | ||||||
18 | for less than 2 consecutive calendar quarters during a
calendar | ||||||
19 | year and who does not have a reasonable expectation
that he or | ||||||
20 | she will be rehired by the same employer for the same
service | ||||||
21 | in a subsequent calendar year. Nothing in this
subsection shall | ||||||
22 | affect the employee status of individuals who were
covered by a | ||||||
23 | collective bargaining agreement on the effective date
of this | ||||||
24 | amendatory Act of 1991. | ||||||
25 | (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff.
1-1-03; | ||||||
26 | 93-314, eff. 1-1-04; 93-501, eff. 8-11-03; revised
9-11-03.)
| ||||||
27 | (115 ILCS
5/7) (from Ch. 48, par.
1707)
| ||||||
28 | Sec. 7.
Recognition of exclusive bargaining | ||||||
29 | representatives - unit determination. The Board is
empowered to | ||||||
30 | administer the recognition of bargaining
representatives of | ||||||
31 | employees of public school districts, including
employees of | ||||||
32 | districts which have entered into joint agreements, or
| ||||||
33 | employees of public community college districts, or
any State | ||||||
34 | college or university, and any State agency whose
major | ||||||
35 | function is providing educational services, making
certain |
| |||||||
| |||||||
1 | that each bargaining unit contains employees with an
| ||||||
2 | identifiable community of interest and that no unit
includes | ||||||
3 | both professional employees and nonprofessional
employees | ||||||
4 | unless a majority of employees in each group vote for
inclusion | ||||||
5 | in the unit. | ||||||
6 | (a) In
determining the appropriateness of a unit, the Board | ||||||
7 | shall decide in each case, in order to ensure
employees the | ||||||
8 | fullest freedom in exercising the rights guaranteed by
this | ||||||
9 | Act, the unit appropriate for the purpose of
collective | ||||||
10 | bargaining, based upon but not limited to such factors
as | ||||||
11 | historical pattern of recognition, community of
interest, | ||||||
12 | including employee skills and functions, degree of
functional | ||||||
13 | integration, interchangeability and contact among
employees, | ||||||
14 | common supervision, wages, hours and other working
conditions | ||||||
15 | of the employees involved, and the desires of the
employees. | ||||||
16 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
17 | with or negate the current representation rights or
patterns | ||||||
18 | and practices of employee organizations which have
| ||||||
19 | historically represented employees for the purposes of
| ||||||
20 | collective bargaining, including but not limited to
the | ||||||
21 | negotiations of wages, hours and working conditions,
| ||||||
22 | resolutions of employees' grievances, or resolution of
| ||||||
23 | jurisdictional disputes, or the establishment and
maintenance | ||||||
24 | of prevailing wage rates, unless a majority of the
employees so | ||||||
25 | represented expresses a contrary desire under the
procedures | ||||||
26 | set forth in this Act. This Section, however, does not
prohibit | ||||||
27 | multi-unit bargaining. Notwithstanding the above
factors, | ||||||
28 | where the majority of public employees of a craft so
decide, | ||||||
29 | the Board shall designate such craft as a unit
appropriate for | ||||||
30 | the purposes of collective bargaining.
| ||||||
31 | The sole
appropriate bargaining unit for tenured and | ||||||
32 | tenure-track academic faculty at each campus of the
University | ||||||
33 | of Illinois shall be a unit that is comprised of
| ||||||
34 | non-supervisory academic faculty employed more than
half-time | ||||||
35 | and that includes all tenured and tenure-track faculty
of that | ||||||
36 | University campus employed by the board of trustees in
all of |
| |||||||
| |||||||
1 | the campus's undergraduate, graduate, and professional
schools | ||||||
2 | and degree and non-degree programs (with the exception
of the | ||||||
3 | college of medicine, the college of pharmacy, the
college of | ||||||
4 | dentistry, the college of law, and the college of
veterinary | ||||||
5 | medicine, each of which shall have its own separate
unit), | ||||||
6 | regardless of current or historical representation
rights or | ||||||
7 | patterns or the application of any other factors. Any
decision, | ||||||
8 | rule, or regulation promulgated by the Board to the
contrary | ||||||
9 | shall be null and void. | ||||||
10 | (b) An
educational employer shall voluntarily recognize a | ||||||
11 | labor organization for collective bargaining purposes
if that | ||||||
12 | organization appears to represent a majority of
employees in | ||||||
13 | the unit. The employer shall post notice of its intent
to so | ||||||
14 | recognize for a period of at least 20 school days on
bulletin | ||||||
15 | boards or other places used or reserved for employee
notices. | ||||||
16 | Thereafter, the employer, if satisfied as to the
majority | ||||||
17 | status of the employee organization, shall send
written | ||||||
18 | notification of such recognition to the Board for
| ||||||
19 | certification. Any dispute regarding the majority
status of a | ||||||
20 | labor organization shall be resolved by the Board
which shall | ||||||
21 | make the determination of majority
status. | ||||||
22 | Within the 20 day
notice period, however, any other | ||||||
23 | interested employee organization may petition the
Board to seek | ||||||
24 | recognition as the exclusive representative of the
unit in the | ||||||
25 | manner specified by rules and regulations prescribed
by the | ||||||
26 | Board, if such interested employee organization has
been | ||||||
27 | designated by at least 15% of the employees in an
appropriate | ||||||
28 | bargaining unit which includes all or some of the
employees in | ||||||
29 | the unit intended to be recognized by the employer. In
such | ||||||
30 | event, the Board shall proceed with the petition in
the same | ||||||
31 | manner as provided in paragraph (c) of this
Section. | ||||||
32 | (c) A labor
organization may also gain recognition as the | ||||||
33 | exclusive representative by an election of the
employees in the | ||||||
34 | unit. Petitions requesting an election may be filed
with the | ||||||
35 | Board:
| ||||||
36 | (1)
by an employee or group of employees or any labor
|
| |||||||
| |||||||
1 | organizations acting on their
behalf alleging and | ||||||
2 | presenting evidence that 30%
or more of the employees in a | ||||||
3 | bargaining unit wish to be
represented for collective | ||||||
4 | bargaining or that the labor
organization which has been | ||||||
5 | acting as the exclusive
bargaining representative is no | ||||||
6 | longer representative of a
majority of the employees in the | ||||||
7 | unit; or
| ||||||
8 | (2)
by an employer alleging that one or more labor | ||||||
9 | organizations have presented a
claim to be recognized as an | ||||||
10 | exclusive bargaining
representative of a majority of the | ||||||
11 | employees in an appropriate
unit and that it doubts the | ||||||
12 | majority status of any of the
organizations or that it | ||||||
13 | doubts the majority status of
an exclusive bargaining | ||||||
14 | representative.
| ||||||
15 | The Board shall
investigate the petition and if it has | ||||||
16 | reasonable cause to suspect that a question of
representation | ||||||
17 | exists, it shall give notice and conduct a hearing. If
it finds | ||||||
18 | upon the record of the hearing that a question of
| ||||||
19 | representation exists, it shall direct an election,
which shall | ||||||
20 | be held no later than 90 days after the date the
petition was | ||||||
21 | filed. Nothing prohibits the waiving of hearings by
the parties | ||||||
22 | and the conduct of consent elections.
| ||||||
23 | (c-5) The Board
shall designate an exclusive | ||||||
24 | representative for purposes of collective bargaining
when the | ||||||
25 | representative demonstrates a showing of majority
interest by | ||||||
26 | employees in the unit. If the parties to a dispute are
without | ||||||
27 | agreement on the means to ascertain the choice, if
any, of | ||||||
28 | employee organization as their representative, the
Board shall | ||||||
29 | ascertain the employees' choice of employee
organization, on | ||||||
30 | the basis of dues deduction authorization and other
evidence, | ||||||
31 | or, if necessary, by conducting an election. If either
party | ||||||
32 | provides to the Board, before the designation of a
| ||||||
33 | representative, clear and convincing evidence that the
dues | ||||||
34 | deduction authorizations, and other evidence upon
which the | ||||||
35 | Board would otherwise rely to ascertain the employees'
choice | ||||||
36 | of representative, are fraudulent or were obtained
through |
| |||||||
| |||||||
1 | coercion, the Board shall promptly thereafter conduct
an | ||||||
2 | election. The Board shall also investigate and
consider a | ||||||
3 | party's allegations that the dues deduction
authorizations and | ||||||
4 | other evidence submitted in support of a designation
of | ||||||
5 | representative without an election were subsequently
changed, | ||||||
6 | altered, withdrawn, or withheld as a result of
employer fraud, | ||||||
7 | coercion, or any other unfair labor practice by the
employer. | ||||||
8 | If the Board determines that a labor organization
would have | ||||||
9 | had a majority interest but for an employer's fraud,
coercion, | ||||||
10 | or unfair labor practice, it shall designate the labor
| ||||||
11 | organization as an exclusive representative without
conducting | ||||||
12 | an election. | ||||||
13 | (d) An order of
the Board dismissing a representation | ||||||
14 | petition, determining and certifying that a labor
organization | ||||||
15 | has been fairly and freely chosen by a majority of
employees in | ||||||
16 | an appropriate bargaining unit, determining and
certifying | ||||||
17 | that a labor organization has not been fairly and
freely chosen | ||||||
18 | by a majority of employees in the bargaining unit or
certifying | ||||||
19 | a labor organization as the exclusive representative
of | ||||||
20 | employees in an appropriate bargaining unit because of
a | ||||||
21 | determination by the Board that the labor organization
is the | ||||||
22 | historical bargaining representative of employees in
the | ||||||
23 | bargaining unit, is a final order. Any person
aggrieved by any | ||||||
24 | such order issued on or after the effective date of
this | ||||||
25 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
26 | in accordance with provisions of the Administrative
Review Law, | ||||||
27 | as now or hereafter amended, except that such review
shall be | ||||||
28 | afforded directly in the Appellate Court of a judicial
district | ||||||
29 | in which the Board maintains an office. Any direct
appeal to | ||||||
30 | the Appellate Court shall be filed within 35 days from
the date | ||||||
31 | that a copy of the decision sought to be reviewed was
served | ||||||
32 | upon the party affected by the decision.
| ||||||
33 | No election may
be conducted in any bargaining unit during | ||||||
34 | the term of a collective bargaining agreement covering
such | ||||||
35 | unit or subdivision thereof, except the Board may
direct an | ||||||
36 | election after the filing of a petition between
January 15 and |
| |||||||
| |||||||
1 | March 1 of the final year of a collective bargaining
agreement. | ||||||
2 | Nothing in this Section prohibits the negotiation of a
| ||||||
3 | collective bargaining agreement covering a period not
| ||||||
4 | exceeding 3 years. A collective bargaining agreement
of less | ||||||
5 | than 3 years may be extended up to 3 years by the
parties if the | ||||||
6 | extension is agreed to in writing before the filing of
a | ||||||
7 | petition under this Section. In such case, the final
year of | ||||||
8 | the extension is the final year of the collective
bargaining | ||||||
9 | agreement. No election may be conducted in a
bargaining unit, | ||||||
10 | or subdivision thereof, in which a valid election has
been held | ||||||
11 | within the preceding 12 month period.
| ||||||
12 | (Source: P.A. 93-444, eff. 8-5-03; 93-445, eff.
1-1-04; revised | ||||||
13 | 9-11-03.) | ||||||
14 | Section 320.
The Illinois Savings and Loan Act of 1985 is | ||||||
15 | amended by setting forth and renumbering multiple
versions of | ||||||
16 | Section 1-6e as follows:
| ||||||
17 | (205 ILCS
105/1-6e)
| ||||||
18 | Sec. 1-6e.
Reverse mortgage; disclosure. At the time a
| ||||||
19 | reverse mortgage loan is made, the lender must provide
to the | ||||||
20 | mortgagor a separate document that informs the
mortgagor that | ||||||
21 | by obtaining the reverse mortgage the mortgagor's
eligibility | ||||||
22 | to obtain a tax deferral under the Senior Citizens
Real Estate | ||||||
23 | Tax Deferral Act may be adversely affected. The
mortgagor must | ||||||
24 | sign the disclosure document as part of the reverse
mortgage | ||||||
25 | transaction. | ||||||
26 | (Source: P.A. 92-577, eff. 6-26-02.)
| ||||||
27 | (205 ILCS
105/1-6f)
| ||||||
28 | Sec.
1-6f
1-6e . Non-English
language transactions. An | ||||||
29 | association may conduct transactions in a language
other than | ||||||
30 | English through an employee or agent acting as
interpreter or | ||||||
31 | through an interpreter provided by the
customer. | ||||||
32 | (Source: P.A. 92-578, eff. 6-26-02; revised
9-3-02.) |
| |||||||
| |||||||
1 | Section 325.
The Illinois Credit Union Act is amended by | ||||||
2 | changing Sections 13 and 30 as
follows:
| ||||||
3 | (205 ILCS
305/13) (from Ch. 17, par.
4414)
| ||||||
4 | Sec. 13.
General powers. A credit union may:
| ||||||
5 | (1)
Make contracts; sue and be sued; and
adopt and use | ||||||
6 | a common seal and alter
the same;
| ||||||
7 | (2)
Acquire, lease (either as lessee or lessor), hold, | ||||||
8 | pledge, mortgage, sell and
dispose of real property, either | ||||||
9 | in whole or in part, or any
interest therein, as may be | ||||||
10 | necessary or incidental to its
present or future operations | ||||||
11 | and needs, subject to such
limitations as may be imposed | ||||||
12 | thereon in rules and
regulations promulgated by the | ||||||
13 | Director; acquire, lease
(either as lessee or lessor), | ||||||
14 | hold, pledge, mortgage, sell
and dispose of personal | ||||||
15 | property, either in whole or
in part, or any interest | ||||||
16 | therein, as may be necessary
or incidental to its present | ||||||
17 | or future operations and
needs;
| ||||||
18 | (3)
At the discretion of the Board of Directors, | ||||||
19 | require the payment of an
entrance fee or annual membership | ||||||
20 | fee, or both, of any person
admitted to membership;
| ||||||
21 | (4)
Receive savings from its members in the form of | ||||||
22 | shares of various classes, or
special purpose share | ||||||
23 | accounts; act as custodian of
its members' accounts; issue | ||||||
24 | shares in trust as provided in
this Act;
| ||||||
25 | (5)
Lend its funds to its members and otherwise as | ||||||
26 | hereinafter
provided;
| ||||||
27 | (6)
Borrow from any source in accordance with policy | ||||||
28 | established by the Board of
Directors to a maximum of 50% | ||||||
29 | of capital, surplus and
reserves;
| ||||||
30 | (7)
Discount and sell any obligations owed to the | ||||||
31 | credit union;
| ||||||
32 | (8)
Honor requests for withdrawals or transfers of all | ||||||
33 | or any part of member share
accounts, and any classes | ||||||
34 | thereof, in any manner
approved by the credit union Board | ||||||
35 | of Directors;
|
| |||||||
| |||||||
1 | (9)
Sell all or substantially all of its assets or | ||||||
2 | purchase all or substantially
all of the assets of another | ||||||
3 | credit union, subject to the
prior approval of the | ||||||
4 | Director;
| ||||||
5 | (10)
Invest surplus funds as provided in this Act;
| ||||||
6 | (11)
Make deposits in banks, savings banks, savings and | ||||||
7 | loan associations, trust
companies; and invest in shares, | ||||||
8 | classes of shares or share
certificates of other credit | ||||||
9 | unions;
| ||||||
10 | (12)
Assess charges and fees to members in accordance | ||||||
11 | with board
resolution;
| ||||||
12 | (13)
Hold membership in and pay dues to associations | ||||||
13 | and organizations; to invest
in shares, stocks or | ||||||
14 | obligations of any credit
union organization;
| ||||||
15 | (14)
Declare dividends and pay interest refunds to | ||||||
16 | borrowers as provided in this
Act;
| ||||||
17 | (15)
Collect, receive and disburse monies in | ||||||
18 | connection with providing
negotiable checks, money orders | ||||||
19 | and other money-type
instruments, and for such other | ||||||
20 | purposes as may provide
benefit or convenience to its | ||||||
21 | members, and charge a
reasonable fee for such services;
| ||||||
22 | (16)
Act as fiscal agent for and receive deposits from | ||||||
23 | the federal government, this
state or any agency or | ||||||
24 | political subdivision
thereof;
| ||||||
25 | (17)
Receive savings from nonmembers in the form of | ||||||
26 | shares or share accounts in
the case of credit unions | ||||||
27 | serving predominantly
low-income members. The term "low | ||||||
28 | income members" shall mean
those members who make less than | ||||||
29 | 80% of the average for all
wage earners as established by | ||||||
30 | the Bureau of Labor Statistics
or those members whose | ||||||
31 | annual household income falls
at or below 80% of the median | ||||||
32 | household income for the
nation as established by the | ||||||
33 | Census Bureau. The term
"predominantly" is defined as a | ||||||
34 | simple majority;
| ||||||
35 | (18)
To Establish, maintain, and
operate terminals as | ||||||
36 | authorized by the Electronic
Fund Transfer Act; and
|
| |||||||
| |||||||
1 | (19)
Subject to Article XLIV of the Illinois Insurance | ||||||
2 | Code,
to act as the agent for any
fire, life, or other | ||||||
3 | insurance company authorized
by the State of Illinois, by | ||||||
4 | soliciting and selling
insurance and collecting premiums | ||||||
5 | on policies issued by such
company; and may receive for | ||||||
6 | services so rendered such fees
or commissions as may be | ||||||
7 | agreed upon between the said
credit union and the insurance | ||||||
8 | company for which it may act
as agent; provided, however, | ||||||
9 | that no such credit union
shall in any case assume or | ||||||
10 | guarantee the payment of any
premium on insurance policies | ||||||
11 | issued through its agency by
its principal; and provided | ||||||
12 | further, that the credit union
shall not guarantee the | ||||||
13 | truth of any statement made by
an assured in filing his | ||||||
14 | application for
insurance. | ||||||
15 | (Source: P.A. 92-608, eff. 7-1-02; revised
1-20-03.)
| ||||||
16 | (205 ILCS
305/30) (from Ch. 17, par.
4431)
| ||||||
17 | Sec. 30.
Duties of directors. It shall be the duty of the
| ||||||
18 | directors to:
| ||||||
19 | (1)
Review actions on applications for membership. A | ||||||
20 | record of the Membership
Committee's approval or denial of | ||||||
21 | membership or management's
approval or denial of | ||||||
22 | membership if no Membership
Committee has been appointed | ||||||
23 | shall be available to the
Board of Directors for | ||||||
24 | inspection. A person denied
membership by the Membership | ||||||
25 | Committee or credit union
management may appeal the denial | ||||||
26 | to the Board;
| ||||||
27 | (2)
Provide adequate fidelity bond coverage for | ||||||
28 | officers, employees, directors
and committee members, and | ||||||
29 | for losses caused by persons
outside of the credit union, | ||||||
30 | subject to rules and
regulations promulgated by the | ||||||
31 | Director;
| ||||||
32 | (3)
Determine from time to time the interest rates, not | ||||||
33 | in excess of that allowed
under this Act, which shall be | ||||||
34 | charged on loans to members
and to authorize interest | ||||||
35 | refunds, if any, to members
from income earned and received |
| |||||||
| |||||||
1 | in proportion to the interest
paid by them on such classes | ||||||
2 | of loans and under such
conditions as the Board prescribes. | ||||||
3 | The Directors may establish
different interest rates to be | ||||||
4 | charged on different classes
of loans;
| ||||||
5 | (4)
Within any limitations set forth in the credit | ||||||
6 | union's bylaws, fix the
maximum amount which may be loaned | ||||||
7 | with and without security to a
member;
| ||||||
8 | (5)
Declare dividends on various classes of shares in | ||||||
9 | the manner and form as
provided in the bylaws;
| ||||||
10 | (6)
Limit the number of shares which may be owned by a | ||||||
11 | member; such limitations to
apply alike to all members;
| ||||||
12 | (7)
Have charge of the investment of funds, except that | ||||||
13 | the Board of Directors may
designate an Investment | ||||||
14 | Committee or any qualified
individual or entity to have | ||||||
15 | charge of making investments
under policies established by | ||||||
16 | the Board of
Directors;
| ||||||
17 | (8)
Authorize the employment of or contracting with | ||||||
18 | such persons or organizations
as may be necessary to carry | ||||||
19 | on the operations of the
credit union, provided that prior | ||||||
20 | approval is received from the
Department before delegating | ||||||
21 | substantially all managerial
duties and responsibilities | ||||||
22 | to a credit union
organization, and fix the compensation, | ||||||
23 | if any, of the officers and
provide for compensation for | ||||||
24 | other employees within
policies established by the Board of | ||||||
25 | Directors;
| ||||||
26 | (9)
Authorize the conveyance of property;
| ||||||
27 | (10)
Borrow or lend money consistent with the | ||||||
28 | provisions of this
Act;
| ||||||
29 | (11)
Designate a depository or depositories for the | ||||||
30 | funds of the credit union and
supervise the investment of | ||||||
31 | funds;
| ||||||
32 | (12)
Suspend or remove, or both, for cause, any or all | ||||||
33 | officers or any or all members
of the Membership, Credit, | ||||||
34 | Supervisory or other
committees for failure to perform | ||||||
35 | their duties;
| ||||||
36 | (13)
Appoint any special committees deemed necessary;
|
| |||||||
| |||||||
1 | and ;
| ||||||
2 | (14)
Perform such other duties as the members may | ||||||
3 | direct, and perform or
authorize any action not | ||||||
4 | inconsistent with this Act and
not specifically reserved by | ||||||
5 | the bylaws to the
members. | ||||||
6 | (Source: P.A. 92-608, eff. 7-1-02; revised
1-20-03.) | ||||||
7 | Section 330.
The Electronic Fund Transfer Act is amended by | ||||||
8 | changing Section 50 as follows:
| ||||||
9 | (205 ILCS
616/50)
| ||||||
10 | Sec. 50.
Terminal requirements.
| ||||||
11 | (a) To assure
maximum safety and security against | ||||||
12 | malfunction, fraud, theft, and other accidents or
abuses and to | ||||||
13 | assure that all access devices will have the
capability of | ||||||
14 | activating all terminals established in this State, no
terminal | ||||||
15 | shall accept an access device that does not conform to
| ||||||
16 | specifications that are generally accepted. In the
case of a | ||||||
17 | dispute concerning the specifications, the
Commissioner, in | ||||||
18 | accordance with the provisions of Section 20 of this
Act, shall | ||||||
19 | have the authority to determine the
specifications. | ||||||
20 | (b) No terminal
that does not accept an access device that | ||||||
21 | conforms with those specifications shall be
established or | ||||||
22 | operated. | ||||||
23 | (c) A terminal
shall bear a logotype or other | ||||||
24 | identification symbol designed to advise customers
which | ||||||
25 | access devices may activate the terminal.
| ||||||
26 | (d) When used to
perform an interchange transaction, a | ||||||
27 | terminal shall not bear any form of proprietary
advertising of | ||||||
28 | products and services not offered at the terminal;
provided, | ||||||
29 | however, that a terminal screen may bear proprietary
| ||||||
30 | advertising of products or services offered by a
financial | ||||||
31 | institution when a person uses an access device issued
by that | ||||||
32 | financial institution. | ||||||
33 | (e) No person
operating a terminal in this State shall | ||||||
34 | impose any surcharge on a consumer for the usage of
that |
| |||||||
| |||||||
1 | terminal, whether or not the consumer is using an
access device | ||||||
2 | issued by that person, unless that surcharge is
clearly | ||||||
3 | disclosed to the consumer both (i) by a sign that is
clearly | ||||||
4 | visible to the consumer on or at the terminal being
used and | ||||||
5 | (ii) electronically on the terminal screen. Following
| ||||||
6 | presentation of the electronic disclosure on the
terminal | ||||||
7 | screen, the consumer shall be provided an opportunity
to cancel | ||||||
8 | that transaction without incurring any surcharge or
other | ||||||
9 | obligation. If a surcharge is imposed on a consumer
using an | ||||||
10 | access device not issued by the person operating the
terminal, | ||||||
11 | that person shall disclose on the sign and on the
terminal | ||||||
12 | screen that the surcharge is in addition to any fee
that may be | ||||||
13 | assessed by the consumer's own institution. As used in
this | ||||||
14 | subsection, "surcharge" means any charge imposed by
the person | ||||||
15 | operating the terminal solely for the use of the
terminal. | ||||||
16 | (f) A receipt
given at a terminal to a person who initiates | ||||||
17 | an electronic fund transfer shall include a number or
code that | ||||||
18 | identifies the consumer initiating the transfer, the
| ||||||
19 | consumer's account or accounts, or the access device
used to | ||||||
20 | initiate the transfer. If the number or code shown on
the | ||||||
21 | receipt is a number that identifies the access device,
the | ||||||
22 | number must be truncated as printed on the receipt so
that | ||||||
23 | fewer than all of the digits of the number or code are
printed | ||||||
24 | on the receipt. The Commissioner may, however, modify
or waive | ||||||
25 | the requirements imposed by this subsection (f) if the
| ||||||
26 | Commissioner determines that the modifications or
waivers are | ||||||
27 | necessary to alleviate any undue compliance
burden. | ||||||
28 | (g) No terminal
shall operate in this State unless, with | ||||||
29 | respect to each interchange transaction initiated at
the | ||||||
30 | terminal, the access code entered by the consumer to
authorize | ||||||
31 | the transaction is encrypted by the device into which
the | ||||||
32 | access code is manually entered by the consumer and is
| ||||||
33 | transmitted from the terminal only in encrypted form.
Any | ||||||
34 | terminal that cannot meet the foregoing encryption
| ||||||
35 | requirements shall immediately cease forwarding
information | ||||||
36 | with respect to any interchange transaction or
attempted |
| |||||||
| |||||||
1 | interchange transaction. | ||||||
2 | (h) No person
that directly or indirectly provides data | ||||||
3 | processing support to any terminal in this State shall
| ||||||
4 | authorize or forward for authorization any interchange
| ||||||
5 | transaction unless the access code intended to
authorize the | ||||||
6 | interchange transaction is encrypted when received by
that | ||||||
7 | person and is encrypted when forwarded to any other
person. | ||||||
8 | (i) A terminal
operated in this State may be designed and | ||||||
9 | programmed so that when a consumer enters his or her
personal | ||||||
10 | identification number in reverse order, the terminal
| ||||||
11 | automatically sends an alarm to the local law
enforcement | ||||||
12 | agency having jurisdiction over the terminal location.
The | ||||||
13 | Commissioner shall promulgate rules necessary for the
| ||||||
14 | implementation of this subsection.
| ||||||
15 | (j)
(i) A person operating a
terminal in this State may not | ||||||
16 | impose a fee upon a consumer for usage of the terminal
if the | ||||||
17 | consumer is using a Link Card or other access device
issued by | ||||||
18 | a government agency for use in obtaining financial aid
under | ||||||
19 | the Illinois Public Aid Code.
| ||||||
20 | For the purpose
of this subsection (j)
(i) , the term | ||||||
21 | "person operating a terminal" means the person who has
control | ||||||
22 | over and is responsible for a terminal. The term
"person | ||||||
23 | operating a terminal" does not mean the person who
owns or | ||||||
24 | controls the property or building in which a terminal
is | ||||||
25 | located, unless he or she also has control over and is
| ||||||
26 | responsible for the terminal.
| ||||||
27 | (Source: P.A. 93-136, eff. 1-1-04; 93-273, eff.
1-1-04; 93-583, | ||||||
28 | eff. 1-1-04; revised 9-11-03.)
| ||||||
29 | Section 335.
The Residential Mortgage License Act of 1987 | ||||||
30 | is amended by changing Sections 2-4 and 2-6 as
follows:
| ||||||
31 | (205 ILCS
635/2-4) (from Ch. 17, par.
2322-4)
| ||||||
32 | Sec. 2-4.
Averments of Licensee. Each application for
| ||||||
33 | license or for the renewal of a license shall be
accompanied by | ||||||
34 | the following averments stating that the
applicant:
|
| |||||||
| |||||||
1 | (a)
Will maintain at least one full service office | ||||||
2 | within the State of Illinois
pursuant to Section 3-4 of | ||||||
3 | this Act;
| ||||||
4 | (b)
Will maintain staff reasonably adequate to meet the | ||||||
5 | requirements of Section 3-4 of
this Act;
| ||||||
6 | (c)
Will keep and maintain for 36 months the same | ||||||
7 | written records as required by
the federal Equal Credit | ||||||
8 | Opportunity Act, and any other
information required by | ||||||
9 | regulations of the
Commissioner regarding any home | ||||||
10 | mortgage in the course of the
conduct of its residential | ||||||
11 | mortgage
business;
| ||||||
12 | (d)
Will file with the Commissioner, when due, any | ||||||
13 | report or reports which it is
required to file under any of | ||||||
14 | the provisions of this
Act;
| ||||||
15 | (e)
Will not engage, whether as principal or agent, in | ||||||
16 | the practice of rejecting
residential mortgage | ||||||
17 | applications without
reasonable cause, or varying terms or | ||||||
18 | application procedures without
reasonable cause, for home | ||||||
19 | mortgages on real estate
within any specific geographic | ||||||
20 | area from the terms or
procedures generally provided by the | ||||||
21 | licensee within other
geographic areas of the State;
| ||||||
22 | (f)
Will not engage in fraudulent home mortgage | ||||||
23 | underwriting
practices;
| ||||||
24 | (g)
Will not make payment, whether directly or | ||||||
25 | indirectly, of any kind to any
in house or fee appraiser of | ||||||
26 | any government or private
money lending agency with which | ||||||
27 | an application for a home
mortgage has been filed for the | ||||||
28 | purpose of influencing the
independent judgment of the | ||||||
29 | appraiser with respect to the
value of any real estate | ||||||
30 | which is to be covered by such
home mortgage;
| ||||||
31 | (h)
Has filed tax returns (State and Federal) for the | ||||||
32 | past 3 years or filed with the
Commissioner an accountant's | ||||||
33 | or attorney's statement as to
why no return was filed;
| ||||||
34 | (i)
Will not engage in any discrimination or redlining | ||||||
35 | activities prohibited by
Section 3-8 of this Act;
| ||||||
36 | (j)
Will not knowingly make any false promises likely
|
| |||||||
| |||||||
1 | to influence or persuade, or
pursue a course of | ||||||
2 | misrepresentation and false
promises through agents, | ||||||
3 | solicitors, advertising or
otherwise;
| ||||||
4 | (k)
Will not knowingly misrepresent, circumvent or | ||||||
5 | conceal, through whatever
subterfuge or device, any of the | ||||||
6 | material particulars or the
nature thereof, regarding a | ||||||
7 | transaction to which it is a
party to the injury of another | ||||||
8 | party thereto;
| ||||||
9 | (l)
Will disburse funds in accordance with its | ||||||
10 | agreements;
| ||||||
11 | (m)
Has not committed a crime against the law of this | ||||||
12 | State, any other state or of
the United States, involving | ||||||
13 | moral turpitude, fraudulent or
dishonest dealing, and that | ||||||
14 | no final judgment has been
entered against it in a civil | ||||||
15 | action upon grounds of fraud,
misrepresentation or deceit | ||||||
16 | which has not been previously
reported to the Commissioner;
| ||||||
17 | (n)
Will account or deliver to any person any personal | ||||||
18 | property such as money, fund,
deposit, check, draft, | ||||||
19 | mortgage, other document or
thing of value, which has come | ||||||
20 | into its possession, and which
is not its property, or | ||||||
21 | which it is not in law or
equity entitled to retain under | ||||||
22 | the circumstances, at the time
which has been agreed upon | ||||||
23 | or is required by law, or, in
the absence of a fixed time, | ||||||
24 | upon demand of the person
entitled to such accounting and | ||||||
25 | delivery;
| ||||||
26 | (o)
Has not engaged in any conduct which would be cause | ||||||
27 | for denial of a
license;
| ||||||
28 | (p)
Has not become insolvent;
| ||||||
29 | (q)
Has not submitted an application for a license | ||||||
30 | under this Act which contains
a material misstatement;
| ||||||
31 | (r)
Has not demonstrated by course of conduct, | ||||||
32 | negligence or incompetence in
performing any act for which | ||||||
33 | it is required to hold a
license under this Act;
| ||||||
34 | (s)
Will advise the Commissioner in writing of any | ||||||
35 | changes to the information
submitted on the most recent | ||||||
36 | application for license within
30 days of said change. The |
| |||||||
| |||||||
1 | written notice must be signed
in the same form as the | ||||||
2 | application for license being
amended;
| ||||||
3 | (t)
Will comply with the provisions of this Act, or | ||||||
4 | with any lawful order, rule or
regulation made or issued | ||||||
5 | under the provisions of this
Act;
| ||||||
6 | (u)
Will submit to periodic examination by the | ||||||
7 | Commissioner as required by
this Act;
| ||||||
8 | (v)
Will advise the Commissioner in writing of | ||||||
9 | judgments entered against, and
bankruptcy petitions by, | ||||||
10 | the license applicant within 5
days of occurrence;
| ||||||
11 | (w)
Will advise the Commissioner in writing within 30 | ||||||
12 | days when the license
applicant requests a licensee under | ||||||
13 | this Act to repurchase a loan,
and the circumstances | ||||||
14 | therefor;
and
| ||||||
15 | (x)
Will advise the Commissioner in writing within 30 | ||||||
16 | days when the license
applicant is requested by another | ||||||
17 | entity to repurchase a loan,
and the circumstances | ||||||
18 | therefor ;
.
| ||||||
19 | (y)
Will at all times act in a manner consistent with | ||||||
20 | subsections (a) and (b) of
Section 1-2 of this Act ; and
.
| ||||||
21 | (z)
(x) Will not knowingly hire or employ
a loan | ||||||
22 | originator who is not
registered with the Commissioner as | ||||||
23 | required under Section 7-1 of
this Act. | ||||||
24 | A licensee who
fails to fulfill obligations of an averment, | ||||||
25 | to comply with averments made, or otherwise violates
any of the | ||||||
26 | averments made under this Section shall be subject to
the | ||||||
27 | penalties in Section 4-5 of this Act.
| ||||||
28 | (Source: P.A. 93-561, eff. 1-1-04; revised
10-9-03.)
| ||||||
29 | (205 ILCS
635/2-6) (from Ch. 17, par.
2322-6)
| ||||||
30 | Sec. 2-6.
License issuance and renewal; fee.
| ||||||
31 | (a) Beginning
July 1, 2003, licenses shall be renewed every | ||||||
32 | year on the anniversary of the date of issuance of the
original | ||||||
33 | license. Properly completed renewal application forms
and | ||||||
34 | filing fees must be received by the Commissioner 60
days prior | ||||||
35 | to the renewal date.
|
| |||||||
| |||||||
1 | (b) It shall be
the responsibility of each licensee to | ||||||
2 | accomplish renewal of its license; failure of the
licensee to | ||||||
3 | receive renewal forms absent a request sent by
certified mail | ||||||
4 | for such forms will not waive said responsibility.
Failure by a | ||||||
5 | licensee to submit a properly completed renewal
application | ||||||
6 | form and fees in a timely fashion, absent a written
extension | ||||||
7 | from the Commissioner, will result in the assessment
of | ||||||
8 | additional fees, as follows:
| ||||||
9 | (1)
A fee of $750 will be assessed to the licensee 30 | ||||||
10 | days after the proper renewal
date and $1,500 each month | ||||||
11 | thereafter, until the license
is either renewed or expires | ||||||
12 | pursuant to Section 2-6,
subsections (c) and (d), of this | ||||||
13 | Act.
| ||||||
14 | (2)
Such fee will be assessed without prior notice to | ||||||
15 | the licensee, but will be
assessed only in cases wherein | ||||||
16 | the Commissioner has in his or
her possession documentation | ||||||
17 | of the licensee's continuing
activity for which the | ||||||
18 | unrenewed license was
issued. | ||||||
19 | (c) A license
which is not renewed by the date required in | ||||||
20 | this Section shall automatically become inactive. No
activity | ||||||
21 | regulated by this Act shall be conducted by the
licensee when a | ||||||
22 | license becomes inactive. An inactive license may be
| ||||||
23 | reactivated by filing a completed reactivation
application | ||||||
24 | with the Commissioner, payment of the renewal fee, and
payment | ||||||
25 | of a reactivation fee equal to the renewal
fee. | ||||||
26 | (d) A license
which is not renewed within one year of | ||||||
27 | becoming inactive shall expire.
| ||||||
28 | (e) A licensee
ceasing an activity or activities regulated | ||||||
29 | by this Act and desiring to no longer be licensed
shall so | ||||||
30 | inform the Commissioner in writing and, at the same
time, | ||||||
31 | convey the license and all other symbols or indicia of
| ||||||
32 | licensure. The licensee shall include a plan for the
withdrawal | ||||||
33 | from regulated business, including a timetable for the
| ||||||
34 | disposition of the business. Upon receipt of such
written | ||||||
35 | notice, the Commissioner shall issue a certified
statement | ||||||
36 | canceling the license.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-32, eff. 7-1-03; 93-561, eff. 1-1-04;
revised | ||||||
2 | 9-23-03.) | ||||||
3 | Section 340.
The Mobile Home Park Act is amended by | ||||||
4 | changing Section 2.2 as
follows:
| ||||||
5 | (210 ILCS
115/2.2) (from Ch. 111 1/2, par.
712.2)
| ||||||
6 | Sec. 2.2.
Permanent habitation. "Permanent
habitation" | ||||||
7 | means habitation for
a period of 2 or more months. | ||||||
8 | (Source: P.A. 77-1472; revised 1-20-03.)
| ||||||
9 | Section 345.
The Illinois Insurance Code is amended by | ||||||
10 | setting forth and renumbering multiple versions of
Sections | ||||||
11 | 155.39, 356z.2, and 356z.4 and changing Section
500-135 as | ||||||
12 | follows:
| ||||||
13 | (215 ILCS
5/155.39)
| ||||||
14 | Sec. 155.39.
Vehicle protection products.
| ||||||
15 | (a) As used in
this Section: | ||||||
16 | "Administrator"
means a third party other than the | ||||||
17 | warrantor who is designated by the warrantor to be
responsible | ||||||
18 | for the administration of vehicle protection product
| ||||||
19 | warranties. | ||||||
20 | "Incidental
costs" means expenses specified in the vehicle | ||||||
21 | protection product warranty incurred by the warranty
holder | ||||||
22 | related to the failure of the vehicle protection
product to | ||||||
23 | perform as provided in the warranty. Incidental costs
may | ||||||
24 | include, without limitation, insurance policy
deductibles, | ||||||
25 | rental vehicle charges, the difference between the
actual value | ||||||
26 | of the stolen vehicle at the time of theft and the
cost of a | ||||||
27 | replacement vehicle, sales taxes, registration fees,
| ||||||
28 | transaction fees, and mechanical inspection
fees. | ||||||
29 | "Vehicle
protection product" means a vehicle protection | ||||||
30 | device, system, or service that is (i) installed on or
applied | ||||||
31 | to a vehicle, (ii) is designed to prevent loss or
damage to a | ||||||
32 | vehicle from a specific cause, (iii) includes a
written |
| |||||||
| |||||||
1 | warranty by a warrantor that provides if the vehicle
protection | ||||||
2 | product fails to prevent loss or damage to a vehicle
from a | ||||||
3 | specific cause, that the warranty holder shall be paid
| ||||||
4 | specified incidental costs by the warrantor as a
result of the | ||||||
5 | failure of the vehicle protection product to perform
pursuant | ||||||
6 | to the terms of the warranty, and (iv) the warrantor's
| ||||||
7 | liability is covered by a warranty reimbursement
insurance | ||||||
8 | policy. The term "vehicle protection product" shall
include, | ||||||
9 | without limitation, alarm systems, body part marking
products, | ||||||
10 | steering locks, window etch products, pedal and
ignition locks, | ||||||
11 | fuel and ignition kill switches, and electronic,
radio, and | ||||||
12 | satellite tracking devices. | ||||||
13 | "Vehicle
protection product warrantor" or "warrantor" | ||||||
14 | means a person who is contractually obligated to the
warranty | ||||||
15 | holder under the terms of the vehicle protection
product. | ||||||
16 | Warrantor does not include an authorized
insurer. | ||||||
17 | "Warranty
reimbursement insurance policy" means a policy | ||||||
18 | of insurance issued to the vehicle protection product
warrantor | ||||||
19 | to pay on behalf of the warrantor all covered
contractual | ||||||
20 | obligations incurred by the warrantor under the terms
and | ||||||
21 | conditions of the insured vehicle protection product
| ||||||
22 | warranties sold by the warrantor. The warranty
reimbursement | ||||||
23 | insurance policy shall be issued by an insurer
authorized to do | ||||||
24 | business in this State that has filed its policy form
with the | ||||||
25 | Department. | ||||||
26 | (b) No vehicle
protection product sold or offered for sale | ||||||
27 | in this State shall be subject to the provisions of
this | ||||||
28 | Code.
Vehicle protection
product warrantors and related | ||||||
29 | vehicle protection product sellers and warranty
administrators | ||||||
30 | complying with this Section are not required to comply
with and | ||||||
31 | are not subject to any other provision of this Code.
The | ||||||
32 | vehicle protection products' written warranties are
express | ||||||
33 | warranties and not insurance.
| ||||||
34 | (c) This Section
applies to all vehicle protection products | ||||||
35 | sold or offered for sale prior to, on, or after the
effective | ||||||
36 | date of this amendatory Act of the 93rd General
Assembly. The |
| |||||||
| |||||||
1 | enactment of this Section does not imply that vehicle
| ||||||
2 | protection products should have been subject to
regulation | ||||||
3 | under this Code prior to the enactment of this
Section. | ||||||
4 | (Source: P.A. 93-218, eff. 7-18-03.)
| ||||||
5 | (215 ILCS
5/155.40)
| ||||||
6 | Sec.
155.40
155.39 . Auto
insurance; application; false | ||||||
7 | address.
| ||||||
8 | (a) An applicant
for a policy of insurance that insures | ||||||
9 | against any loss or liability resulting from or
incident to the | ||||||
10 | ownership, maintenance, or use of a motor vehicle
shall not | ||||||
11 | provide to the insurer to which the application for
coverage is | ||||||
12 | made any address for the applicant other than the
address at | ||||||
13 | which the applicant resides.
| ||||||
14 | (b) A person who
knowingly violates this Section is guilty | ||||||
15 | of a business offense. The penalty is a fine of not
less than | ||||||
16 | $1,001 and not more than $1,200.
| ||||||
17 | (Source: P.A. 93-269, eff. 1-1-04; revised
9-19-03.)
| ||||||
18 | (215 ILCS
5/155.41)
| ||||||
19 | Sec.
155.41
155.39 . Slave era
policies.
| ||||||
20 | (a) The General
Assembly finds and declares all of the | ||||||
21 | following:
| ||||||
22 | (1)
Insurance policies from the slavery era have been | ||||||
23 | discovered in the archives of
several insurance companies, | ||||||
24 | documenting insurance coverage
for slaveholders for damage | ||||||
25 | to or death of their slaves,
issued by a predecessor | ||||||
26 | insurance firm. These
documents provide the first evidence | ||||||
27 | of ill-gotten profits from
slavery, which profits in part | ||||||
28 | capitalized insurers whose
successors remain in existence | ||||||
29 | today.
| ||||||
30 | (2)
Legislation has been introduced in Congress for the | ||||||
31 | past 10 years demanding an
inquiry into slavery and its | ||||||
32 | continuing
legacies.
| ||||||
33 | (3)
The Director of Insurance and the Department of | ||||||
34 | Insurance are entitled to seek
information from the files |
| |||||||
| |||||||
1 | of insurers licensed and doing
business in this State, | ||||||
2 | including licensed Illinois
subsidiaries of international | ||||||
3 | insurance corporations,
regarding insurance policies | ||||||
4 | issued to slaveholders by
predecessor corporations. The | ||||||
5 | people of Illinois are
entitled to significant historical | ||||||
6 | information of this
nature. | ||||||
7 | (b) The
Department shall request and obtain information | ||||||
8 | from insurers licensed and doing business in this
State | ||||||
9 | regarding any records of slaveholder insurance
policies issued | ||||||
10 | by any predecessor corporation during the slavery
era. | ||||||
11 | (c) The
Department shall obtain the names of any | ||||||
12 | slaveholders or slaves described in those insurance
records, | ||||||
13 | and shall make the information available to the public
and the | ||||||
14 | General Assembly. | ||||||
15 | (d) Any insurer
licensed and doing business in this State | ||||||
16 | shall research and report to the Department with
respect to any | ||||||
17 | records within the insurer's possession or knowledge
relating | ||||||
18 | to insurance policies issued to slaveholders that
provided | ||||||
19 | coverage for damage to or death of their
slaves. | ||||||
20 | (e) Descendants
of slaves, whose ancestors were defined as | ||||||
21 | private property, dehumanized, divided from their
families, | ||||||
22 | forced to perform labor without appropriate
compensation or | ||||||
23 | benefits, and whose ancestors' owners were compensated
for | ||||||
24 | damages by insurers, are entitled to full
disclosure. | ||||||
25 | (Source: P.A. 93-333, eff. 1-1-04; revised
9-19-03.)
| ||||||
26 | (215 ILCS
5/356z.2)
| ||||||
27 | Sec. 356z.2.
Coverage for adjunctive services in dental | ||||||
28 | care.
| ||||||
29 | (a) An individual
or group policy of accident and health | ||||||
30 | insurance amended, delivered, issued, or renewed after
the | ||||||
31 | effective date of this amendatory Act of the 92nd
General | ||||||
32 | Assembly shall cover charges incurred, and anesthetics
| ||||||
33 | provided, in conjunction with dental care that is
provided to a | ||||||
34 | covered individual in a hospital or an ambulatory
surgical | ||||||
35 | treatment center if any of the following
applies:
|
| |||||||
| |||||||
1 | (1)
the individual is a child age 6 or under;
| ||||||
2 | (2)
the individual has a medical condition that | ||||||
3 | requires hospitalization or
general anesthesia for dental | ||||||
4 | care; or
| ||||||
5 | (3)
the individual is disabled. | ||||||
6 | (b) For purposes
of this Section, "ambulatory surgical | ||||||
7 | treatment center" has the meaning given to that term
in Section | ||||||
8 | 3 of the Ambulatory Surgical Treatment Center
Act. | ||||||
9 | For purposes of
this Section, "disabled" means a person, | ||||||
10 | regardless of age, with a chronic disability if the
chronic | ||||||
11 | disability meets all of the following
conditions:
| ||||||
12 | (1)
It is attributable to a mental or physical | ||||||
13 | impairment or
combination of mental
and physical | ||||||
14 | impairments.
| ||||||
15 | (2)
It is likely to continue.
| ||||||
16 | (3)
It results in substantial functional limitations | ||||||
17 | in one or more of the
following areas of major life | ||||||
18 | activity:
| ||||||
19 | (A)
self-care;
| ||||||
20 | (B)
receptive and expressive language;
| ||||||
21 | (C)
learning;
| ||||||
22 | (D)
mobility;
| ||||||
23 | (E)
capacity for independent living; or
| ||||||
24 | (F)
economic self-sufficiency. | ||||||
25 | (c) The coverage
required under this Section may be subject | ||||||
26 | to any limitations, exclusions, or cost-sharing
provisions | ||||||
27 | that apply generally under the insurance
policy. | ||||||
28 | (d) This Section
does not apply to a policy that covers | ||||||
29 | only dental care. | ||||||
30 | (e) Nothing in
this Section requires that the dental | ||||||
31 | services be covered. | ||||||
32 | (f) The
provisions of this Section do not apply to | ||||||
33 | short-term travel, accident-only, limited, or
specified | ||||||
34 | disease policies, nor to policies or contracts
designed for | ||||||
35 | issuance to persons eligible for coverage under Title
XVIII of | ||||||
36 | the Social Security Act, known as Medicare, or any
other |
| |||||||
| |||||||
1 | similar coverage under State or federal governmental
plans. | ||||||
2 | (Source: P.A. 92-764 eff. 1-1-03.)
| ||||||
3 | (215 ILCS
5/356z.3)
| ||||||
4 | Sec.
356z.3
356z.2 . Disclosure
of limited benefit. An | ||||||
5 | insurer that issues, delivers, amends, or renews an
individual | ||||||
6 | or group policy of accident and health insurance in
this State | ||||||
7 | after the effective date of this amendatory Act of the
92nd | ||||||
8 | General Assembly and arranges, contracts with, or
administers | ||||||
9 | contracts with a provider whereby beneficiaries are
provided an | ||||||
10 | incentive to use the services of such provider must
include the | ||||||
11 | following disclosure on its contracts and evidences of
| ||||||
12 | coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
| ||||||
13 | NON-PARTICIPATING PROVIDERS ARE USED. You should be
aware that | ||||||
14 | when you elect to utilize the services of a
non-participating | ||||||
15 | provider for a covered service in non-emergency
situations, | ||||||
16 | benefit payments to such non-participating provider
are not | ||||||
17 | based upon the amount billed. The basis of your
benefit payment | ||||||
18 | will be determined according to your policy's fee
schedule, | ||||||
19 | usual and customary charge (which is determined by
comparing | ||||||
20 | charges for similar services adjusted to the
geographical area | ||||||
21 | where the services are performed), or other method as
defined | ||||||
22 | by the policy. YOU CAN EXPECT TO PAY MORE THAN THE
COINSURANCE | ||||||
23 | AMOUNT DEFINED IN THE POLICY AFTER THE PLAN HAS PAID
ITS | ||||||
24 | REQUIRED PORTION. Non-participating providers may bill
members | ||||||
25 | for any amount up to the billed charge after the plan
has paid | ||||||
26 | its portion of the bill. Participating providers have
agreed to | ||||||
27 | accept discounted payments for services with no
additional | ||||||
28 | billing to the member other than co-insurance and
deductible | ||||||
29 | amounts. You may obtain further information about the
| ||||||
30 | participating status of professional providers and
information | ||||||
31 | on out-of-pocket expenses by calling the toll free
telephone | ||||||
32 | number on your identification card.".
| ||||||
33 | (Source: P.A. 92-579, eff. 1-1-03; revised
9-3-02.)
| ||||||
34 | (215 ILCS
5/356z.4)
|
| |||||||
| |||||||
1 | Sec. 356z.4.
Coverage for contraceptives.
| ||||||
2 | (a) An individual
or group policy of accident and health | ||||||
3 | insurance amended, delivered, issued, or renewed in
this State | ||||||
4 | after the effective date of this amendatory Act of the
93rd | ||||||
5 | General Assembly that provides coverage for outpatient
| ||||||
6 | services and outpatient prescription drugs or devices
must | ||||||
7 | provide coverage for the insured and any dependent of
the | ||||||
8 | insured covered by the policy for all outpatient
contraceptive | ||||||
9 | services and all outpatient contraceptive drugs and
devices | ||||||
10 | approved by the Food and Drug Administration. Coverage
required | ||||||
11 | under this Section may not impose any deductible,
coinsurance, | ||||||
12 | waiting period, or other cost-sharing or limitation
that is | ||||||
13 | greater than that required for any outpatient service
or | ||||||
14 | outpatient prescription drug or device otherwise
covered by the | ||||||
15 | policy. | ||||||
16 | (b) As used in
this Section, "outpatient contraceptive | ||||||
17 | service" means consultations, examinations,
procedures, and | ||||||
18 | medical services, provided on an outpatient basis and
related | ||||||
19 | to the use of contraceptive methods (including natural
family | ||||||
20 | planning) to prevent an unintended
pregnancy. | ||||||
21 | (c) Nothing in
this Section shall be construed to require | ||||||
22 | an insurance company to cover services related to an
abortion | ||||||
23 | as the term "abortion" is defined in the Illinois
Abortion Law | ||||||
24 | of 1975. | ||||||
25 | (d) Nothing in
this Section shall be construed to require | ||||||
26 | an insurance company to cover services related to
permanent | ||||||
27 | sterilization that requires a surgical
procedure. | ||||||
28 | (Source: P.A. 93-102, eff. 1-1-04.)
| ||||||
29 | (215 ILCS
5/356z.5)
| ||||||
30 | Sec.
356z.5
356z.4 .
Prescription inhalants. A group or | ||||||
31 | individual policy of accident and health insurance or
managed | ||||||
32 | care plan amended, delivered, issued, or renewed after
the | ||||||
33 | effective date of this amendatory Act of the 93rd
General | ||||||
34 | Assembly that provides coverage for prescription drugs
may not | ||||||
35 | deny or limit coverage for prescription inhalants to
enable |
| |||||||
| |||||||
1 | persons to breathe when suffering from asthma or other
| ||||||
2 | life-threatening bronchial ailments based upon any
restriction | ||||||
3 | on the number of days before an inhaler refill may be
obtained | ||||||
4 | if, contrary to those restrictions, the inhalants have
been | ||||||
5 | ordered or prescribed by the treating physician and
are | ||||||
6 | medically appropriate. | ||||||
7 | (Source: P.A. 93-529, eff. 8-14-03; revised
9-25-03.)
| ||||||
8 | (215 ILCS
5/500-135)
| ||||||
9 | Sec. 500-135.
Fees.
| ||||||
10 | (a) The fees
required by this Article are as follows:
| ||||||
11 | (1)
a fee of $180 for a person who is a resident of | ||||||
12 | Illinois, and $250 for a
person who is not a resident of | ||||||
13 | Illinois, payable once every 2
years for an insurance | ||||||
14 | producer license;
| ||||||
15 | (2)
a fee of $50 for the issuance of a temporary | ||||||
16 | insurance producer
license;
| ||||||
17 | (3)
a fee of $150 payable once every 2 years for a | ||||||
18 | business entity;
| ||||||
19 | (4)
an annual $50 fee for a limited line producer | ||||||
20 | license issued under items (1)
through (7) of subsection | ||||||
21 | (a) of Section
500-100;
| ||||||
22 | (5)
a $50 application fee for the processing of a | ||||||
23 | request to take the written
examination for an insurance | ||||||
24 | producer license;
| ||||||
25 | (6)
an annual registration fee of $1,000 for | ||||||
26 | registration of an education
provider;
| ||||||
27 | (7)
a certification fee of $50 for each certified | ||||||
28 | pre-licensing or continuing
education course and an annual | ||||||
29 | fee of $20 for renewing the
certification of each such | ||||||
30 | course;
| ||||||
31 | (8)
a fee of $180 for a person who is a resident of | ||||||
32 | Illinois, and $250 for a
person who is not a resident of | ||||||
33 | Illinois, payable once every 2
years for a car rental | ||||||
34 | limited line
license;
| ||||||
35 | (9)
a fee of $200 payable once every 2 years for a |
| |||||||
| |||||||
1 | limited lines license other
than the licenses issued under | ||||||
2 | items (1) through (7) of
subsection (a) of Section 500-100, | ||||||
3 | a car rental limited line
license, or a self-service | ||||||
4 | storage facility limited line
license;
| ||||||
5 | (10)
a fee of $50 payable once every 2 years for a | ||||||
6 | self-service storage facility
limited line license. | ||||||
7 | (b) Except as
otherwise provided, all fees paid to and | ||||||
8 | collected by the Director under this Section shall be
paid | ||||||
9 | promptly after receipt thereof, together with a
detailed | ||||||
10 | statement of such fees, into a special fund in the
State | ||||||
11 | Treasury to be known as the Insurance Producer
Administration | ||||||
12 | Fund. The moneys deposited into the Insurance Producer
| ||||||
13 | Administration Fund may be used only for payment of
the | ||||||
14 | expenses of the Department in the execution,
administration, | ||||||
15 | and enforcement of the insurance laws of this State,
and shall | ||||||
16 | be appropriated as otherwise provided by law for the
payment of | ||||||
17 | those expenses with first priority being any expenses
incident | ||||||
18 | to or associated with the administration and
enforcement of | ||||||
19 | this Article. | ||||||
20 | (Source: P.A. 92-386, eff. 1-1-02; 93-32, eff. 7-1-03;
93-288, | ||||||
21 | eff. 1-1-04; revised 9-12-03.)
| ||||||
22 | Section 350.
The Health Maintenance Organization Act is | ||||||
23 | amended by changing Section 5-3 as
follows:
| ||||||
24 | (215 ILCS
125/5-3) (from Ch. 111 1/2, par.
1411.2)
| ||||||
25 | Sec. 5-3.
Insurance Code provisions.
| ||||||
26 | (a) Health
Maintenance Organizations shall be subject to | ||||||
27 | the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, | ||||||
28 | 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, | ||||||
29 | 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w,
356x, | ||||||
30 | 356y, 356z.2, 356z.4,
356z.5, 367.2, 367.2-5, 367i, 368a, 368b,
| ||||||
31 | 368c, 368d, 368e, 401, 401.1, 402, 403, 403A, 408,
408.2, 409, | ||||||
32 | 412, 444, and 444.1, paragraph (c) of subsection (2)
of Section | ||||||
33 | 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
XIII 1/2, | ||||||
34 | XXV, and XXVI of the Illinois Insurance
Code. |
| |||||||
| |||||||
1 | (b) For purposes
of the Illinois Insurance Code, except for | ||||||
2 | Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health | ||||||
3 | Maintenance Organizations in the following categories
are | ||||||
4 | deemed to be "domestic companies":
| ||||||
5 | (1)
a corporation authorized under the Dental Service | ||||||
6 | Plan Act or the Voluntary
Health Services Plans Act;
| ||||||
7 | (2)
a corporation organized under the laws of this | ||||||
8 | State; or
| ||||||
9 | (3)
a corporation organized under the laws of another | ||||||
10 | state, 30% or more of the
enrollees of which are residents | ||||||
11 | of this State, except a
corporation subject to | ||||||
12 | substantially the same
requirements in its state of | ||||||
13 | organization as is a "domestic
company" under Article VIII | ||||||
14 | 1/2 of the Illinois Insurance
Code. | ||||||
15 | (c) In
considering the merger, consolidation, or other | ||||||
16 | acquisition of control of a Health Maintenance
Organization | ||||||
17 | pursuant to Article VIII 1/2 of the Illinois Insurance
Code,
| ||||||
18 | (1)
the Director shall give primary consideration to | ||||||
19 | the continuation of benefits
to enrollees and the financial | ||||||
20 | conditions of the acquired
Health Maintenance Organization | ||||||
21 | after the merger,
consolidation, or other acquisition of | ||||||
22 | control takes
effect;
| ||||||
23 | (2)(i)
the criteria specified in subsection (1)(b) of | ||||||
24 | Section 131.8 of the Illinois
Insurance Code shall not | ||||||
25 | apply and (ii) the Director,
in making his determination | ||||||
26 | with respect to the merger,
consolidation, or other | ||||||
27 | acquisition of control, need
not take into account the | ||||||
28 | effect on competition of the
merger, consolidation, or | ||||||
29 | other acquisition of
control;
| ||||||
30 | (3)
the Director shall have the power to require the | ||||||
31 | following
information:
| ||||||
32 | (A)
certification by an independent actuary of the | ||||||
33 | adequacy
of the reserves of the Health Maintenance | ||||||
34 | Organization
sought to be acquired;
| ||||||
35 | (B)
pro forma financial statements reflecting the | ||||||
36 | combined
balance sheets of the acquiring company and |
| |||||||
| |||||||
1 | the
Health Maintenance Organization sought to be | ||||||
2 | acquired
as of the end of the preceding year and as of | ||||||
3 | a date
90 days prior to the acquisition, as well as pro | ||||||
4 | forma
financial statements reflecting projected | ||||||
5 | combined
operation for a period of 2 years;
| ||||||
6 | (C)
a pro forma business plan detailing an | ||||||
7 | acquiring
party's plans with respect to the operation | ||||||
8 | of the
Health Maintenance Organization sought to be | ||||||
9 | acquired
for a period of not less than 3 years; and
| ||||||
10 | (D)
such other information as the Director shall | ||||||
11 | require.
| ||||||
12 | (d) The
provisions of Article VIII 1/2 of the Illinois | ||||||
13 | Insurance Code and this Section 5-3 shall apply to the
sale by | ||||||
14 | any health maintenance organization of greater than
10% of its | ||||||
15 | enrollee population (including without limitation the
health | ||||||
16 | maintenance organization's right, title, and interest
in and to | ||||||
17 | its health care certificates).
| ||||||
18 | (e) In
considering any management contract or service | ||||||
19 | agreement subject to Section 141.1 of the Illinois
Insurance | ||||||
20 | Code, the Director (i) shall, in addition to the
criteria | ||||||
21 | specified in Section 141.2 of the Illinois Insurance
Code, take | ||||||
22 | into account the effect of the management contract or
service | ||||||
23 | agreement on the continuation of benefits to enrollees
and the | ||||||
24 | financial condition of the health maintenance
organization to | ||||||
25 | be managed or serviced, and (ii) need not take into
account the | ||||||
26 | effect of the management contract or service agreement
on | ||||||
27 | competition. | ||||||
28 | (f) Except for
small employer groups as defined in the | ||||||
29 | Small Employer Rating, Renewability and Portability
Health | ||||||
30 | Insurance Act and except for medicare supplement
policies as | ||||||
31 | defined in Section 363 of the Illinois Insurance Code,
a Health | ||||||
32 | Maintenance Organization may by contract agree with a
group or | ||||||
33 | other enrollment unit to effect refunds or charge
additional | ||||||
34 | premiums under the following terms and
conditions:
| ||||||
35 | (i)
the amount of, and other terms and conditions with | ||||||
36 | respect to, the refund or
additional premium are set forth |
| |||||||
| |||||||
1 | in the group or enrollment
unit contract agreed in advance | ||||||
2 | of the period for which a
refund is to be paid or | ||||||
3 | additional premium is to be
charged (which period shall not | ||||||
4 | be less than one year);
and
| ||||||
5 | (ii)
the amount of the refund or additional premium | ||||||
6 | shall not exceed 20% of the
Health Maintenance | ||||||
7 | Organization's profitable or
unprofitable experience with | ||||||
8 | respect to the group or other
enrollment unit for the | ||||||
9 | period (and, for purposes of a
refund or additional | ||||||
10 | premium, the profitable or
unprofitable experience shall | ||||||
11 | be calculated taking into
account a pro rata share of the | ||||||
12 | Health Maintenance
Organization's administrative and | ||||||
13 | marketing expenses, but shall
not include any refund to be | ||||||
14 | made or additional premium to
be paid pursuant to this | ||||||
15 | subsection (f)). The Health
Maintenance Organization and | ||||||
16 | the group or enrollment unit
may agree that the profitable | ||||||
17 | or unprofitable experience may
be calculated taking into | ||||||
18 | account the refund period and
the immediately preceding 2 | ||||||
19 | plan years.
| ||||||
20 | The Health
Maintenance Organization shall include a | ||||||
21 | statement in the evidence of coverage issued to each
enrollee | ||||||
22 | describing the possibility of a refund or additional
premium, | ||||||
23 | and upon request of any group or enrollment unit,
provide to | ||||||
24 | the group or enrollment unit a description of the
method used | ||||||
25 | to calculate (1) the Health Maintenance Organization's
| ||||||
26 | profitable experience with respect to the group or
enrollment | ||||||
27 | unit and the resulting refund to the group or
enrollment unit | ||||||
28 | or (2) the Health Maintenance Organization's
unprofitable | ||||||
29 | experience with respect to the group or enrollment
unit and the | ||||||
30 | resulting additional premium to be paid by the group
or | ||||||
31 | enrollment unit. | ||||||
32 | In no event shall
the Illinois Health Maintenance | ||||||
33 | Organization Guaranty Association be liable to pay any
| ||||||
34 | contractual obligation of an insolvent organization to
pay any | ||||||
35 | refund authorized under this Section.
| ||||||
36 | (Source: P.A. 92-764, eff. 1-1-03; 93-102, eff.
1-1-04; 93-261, |
| |||||||
| |||||||
1 | eff. 1-1-04; 93-477, eff. 8-8-03; 93-529, eff.
8-14-03; revised | ||||||
2 | 9-25-03.) | ||||||
3 | Section 355.
The Voluntary Health Services Plans Act is | ||||||
4 | amended by changing Section 10 as
follows:
| ||||||
5 | (215 ILCS
165/10) (from Ch. 32, par.
604)
| ||||||
6 | Sec. 10.
Application of Insurance Code provisions. Health
| ||||||
7 | services plan corporations and all persons interested
therein | ||||||
8 | or dealing therewith shall be subject to the
provisions of | ||||||
9 | Articles IIA and XII 1/2 and Sections 3.1, 133, 140,
143, 143c, | ||||||
10 | 149, 155.37, 354, 355.2, 356r, 356t, 356u, 356v, 356w,
356x, | ||||||
11 | 356y, 356z.1, 356z.2, 356z.4,
356z.5, 367.2, 368a, 401, 401.1,
| ||||||
12 | 402, 403, 403A, 408, 408.2, and 412, and paragraphs
(7) and | ||||||
13 | (15) of Section 367 of the Illinois Insurance
Code. | ||||||
14 | (Source: P.A. 92-130, eff. 7-20-01; 92-440, eff.
8-17-01; | ||||||
15 | 92-651, eff. 7-11-02; 92-764, eff. 1-1-03; 93-102,
eff. 1-1-04; | ||||||
16 | 93-529, eff. 8-14-03; revised 9-25-03.)
| ||||||
17 | Section 360.
The Public Utilities Act is amended by | ||||||
18 | changing Sections 5-109 and 16-111 as
follows:
| ||||||
19 | (220 ILCS
5/5-109) (from Ch. 111 2/3, par.
5-109)
| ||||||
20 | Sec. 5-109.
Reports; false reports; penalty. Each public
| ||||||
21 | utility in the State, other than a commercial mobile
radio | ||||||
22 | service provider, shall each year furnish to the
Commission, in | ||||||
23 | such form as the Commission shall require, annual
reports as to | ||||||
24 | all the items mentioned in the preceding Sections of
this | ||||||
25 | Article, and in addition such other items, whether of
a nature | ||||||
26 | similar to those therein enumerated or otherwise, as
the | ||||||
27 | Commission may prescribe. Such annual reports shall
contain all | ||||||
28 | the required information for the period of 12 months
ending on | ||||||
29 | June 30 in each year, or ending on December 31 in each
year, as | ||||||
30 | the Commission may by order prescribe for each class
of public | ||||||
31 | utilities, except commercial mobile radio service
providers, | ||||||
32 | and shall be filed with the Commission at its office
in |
| |||||||
| |||||||
1 | Springfield within 3 months after the close of the
year for | ||||||
2 | which the report is made. The Commission shall have
authority | ||||||
3 | to require any public utility to file monthly reports
of | ||||||
4 | earnings and expenses of such utility, and to file
other | ||||||
5 | periodical or special, or both periodical and special
reports | ||||||
6 | concerning any matter about which the Commission is
authorized | ||||||
7 | by law to keep itself informed. All reports shall be
under | ||||||
8 | oath. | ||||||
9 | When any report
is erroneous or defective or appears to the | ||||||
10 | Commission to be erroneous or defective, the
Commission may | ||||||
11 | notify the public utility to amend such report within
30 days, | ||||||
12 | and before or after the termination of such period the
| ||||||
13 | Commission may examine the officers, agents, or
employees, and | ||||||
14 | books, records, accounts, vouchers, plant, equipment
and | ||||||
15 | property of such public utility, and correct such
items in the | ||||||
16 | report as upon such examination the Commission may
find | ||||||
17 | defective or erroneous. | ||||||
18 | All reports made
to the Commission by any public utility | ||||||
19 | and the contents thereof shall be open to public
inspection, | ||||||
20 | unless otherwise ordered by the Commission. Such
reports shall | ||||||
21 | be preserved in the office of the
Commission. | ||||||
22 | Any public
utility which fails to make and file any report | ||||||
23 | called for by the Commission within the time
specified; or to | ||||||
24 | make specific answer to any question propounded by the
| ||||||
25 | Commission within 30 days from the time it is lawfully
required | ||||||
26 | to do so, or within such further time, not to exceed
90 days, | ||||||
27 | as may in its discretion be allowed by the Commission,
shall | ||||||
28 | forfeit up to $100 for each and every day it may so be
in | ||||||
29 | default if the utility collects less than $100,000
annually in | ||||||
30 | gross revenue; and if the utility collects $100,000 or
more | ||||||
31 | annually in gross revenue, it shall forfeit $1,000 per
day for | ||||||
32 | each and every day it is in default.
| ||||||
33 | Any person who
willfully makes any false return or report | ||||||
34 | to the Commission or to any member, officer, or
employee | ||||||
35 | thereof, any person who willfully, in a return or
report, | ||||||
36 | withholds or fails to provide material information to
which the |
| |||||||
| |||||||
1 | Commission is entitled under this Act and which
information is | ||||||
2 | either required to be filed by statute, rule,
regulation, | ||||||
3 | order, or decision of the Commission or has been
requested by | ||||||
4 | the Commission, and any person who willfully aids or
abets such | ||||||
5 | person shall be guilty of a Class A
misdemeanor. | ||||||
6 | (Source: P.A. 93-132, eff. 7-10-03; 93-457, eff.
8-8-03; | ||||||
7 | revised 9-12-03.)
| ||||||
8 | (220 ILCS
5/16-111)
| ||||||
9 | Sec. 16-111.
Rates and restructuring transactions during | ||||||
10 | mandatory transition period.
| ||||||
11 | (a) During the
mandatory transition period, | ||||||
12 | notwithstanding any provision of Article IX of this
Act, and | ||||||
13 | except as provided in subsections (b), (d), (e), and
(f) of | ||||||
14 | this Section, the Commission shall not (i) initiate,
authorize | ||||||
15 | or order any change by way of increase (other than in
| ||||||
16 | connection with a request for rate increase which was
filed | ||||||
17 | after September 1, 1997 but prior to October 15, 1997,
by an | ||||||
18 | electric utility serving less than 12,500 customers in
this | ||||||
19 | State), (ii) initiate or, unless requested by the
electric | ||||||
20 | utility, authorize or order any change by way of
decrease, | ||||||
21 | restructuring or unbundling (except as provided in
Section | ||||||
22 | 16-109A), in the rates of any electric utility that
were in | ||||||
23 | effect on October 1, 1996, or (iii) in any order
approving any | ||||||
24 | application for a merger pursuant to Section 7-204
that was | ||||||
25 | pending as of May 16, 1997, impose any condition
requiring any | ||||||
26 | filing for an increase, decrease, or change in, or
other review | ||||||
27 | of, an electric utility's rates or enforce any such
condition | ||||||
28 | of any such order; provided, however, that this
subsection | ||||||
29 | shall not prohibit the Commission from:
| ||||||
30 | (1)
approving the application of an electric utility to | ||||||
31 | implement an alternative to
rate of return regulation or a | ||||||
32 | regulatory mechanism that
rewards or penalizes the | ||||||
33 | electric utility through
adjustment of rates based on | ||||||
34 | utility performance, pursuant
to Section 9-244;
| ||||||
35 | (2)
authorizing an electric utility to eliminate its
|
| |||||||
| |||||||
1 | fuel adjustment clause and
adjust its base rate tariffs in | ||||||
2 | accordance with subsection
(b), (d), or (f) of Section | ||||||
3 | 9-220 of this Act, to fix its
fuel adjustment factor in | ||||||
4 | accordance with subsection (c)
of Section 9-220 of this | ||||||
5 | Act, or to eliminate its fuel
adjustment clause in | ||||||
6 | accordance with subsection (e)
of Section 9-220 of this | ||||||
7 | Act;
| ||||||
8 | (3)
ordering into effect tariffs for delivery services | ||||||
9 | and transition charges in
accordance with Sections 16-104 | ||||||
10 | and 16-108, for real-time
pricing in accordance with | ||||||
11 | Section 16-107, or the options
required by Section 16-110 | ||||||
12 | and subsection (n) of 16-112,
allowing a billing experiment | ||||||
13 | in accordance with Section
16-106, or modifying delivery | ||||||
14 | services tariffs in accordance
with Section 16-109; or
| ||||||
15 | (4)
ordering or allowing into effect any tariff to | ||||||
16 | recover charges pursuant to
Sections 9-201.5, 9-220.1, | ||||||
17 | 9-221, 9-222 (except as
provided in Section 9-222.1), | ||||||
18 | 16-108, and 16-114 of this
Act, Section 5-5 of the | ||||||
19 | Electricity Infrastructure
Maintenance Fee Law, Section | ||||||
20 | 6-5 of the Renewable Energy,
Energy Efficiency, and Coal | ||||||
21 | Resources Development Law of
1997, and Section 13 of the | ||||||
22 | Energy Assistance
Act. | ||||||
23 | After December
31, 2004, the provisions of this subsection | ||||||
24 | (a) shall not apply to an electric utility whose
average | ||||||
25 | residential retail rate was less than or equal to 90%
of the | ||||||
26 | average residential retail rate for the "Midwest
Utilities", as | ||||||
27 | that term is defined in subsection (b) of this
Section, based | ||||||
28 | on data reported on Form 1 to the Federal Energy
Regulatory | ||||||
29 | Commission for calendar year 1995, and which served
between | ||||||
30 | 150,000 and 250,000 retail customers in this State on
January | ||||||
31 | 1, 1995 unless the electric utility or its holding
company has | ||||||
32 | been acquired by or merged with an affiliate of
another | ||||||
33 | electric utility subsequent to January 1, 2002. This
exemption | ||||||
34 | shall be limited to this subsection (a) and shall not
extend to | ||||||
35 | any other provisions of this Act.
| ||||||
36 | (b)
Notwithstanding the provisions of subsection (a), each
|
| |||||||
| |||||||
1 | Illinois electric utility serving more than 12,500
customers in | ||||||
2 | Illinois shall file tariffs (i) reducing, effective
August 1, | ||||||
3 | 1998, each component of its base rates to residential
retail | ||||||
4 | customers by 15% from the base rates in effect
immediately | ||||||
5 | prior to January 1, 1998 and (ii) if the public
utility | ||||||
6 | provides electric service to (A) more than 500,000
customers | ||||||
7 | but less than 1,000,000 customers in this State on
January 1, | ||||||
8 | 1999, reducing, effective May 1, 2002, each component
of its | ||||||
9 | base rates to residential retail customers by an
additional 5% | ||||||
10 | from the base rates in effect immediately prior to
January 1, | ||||||
11 | 1998, or (B) at least 1,000,000 customers in this
State on | ||||||
12 | January 1, 1999, reducing, effective October 1, 2001,
each | ||||||
13 | component of its base rates to residential retail
customers by | ||||||
14 | an additional 5% from the base rates in effect
immediately | ||||||
15 | prior to January 1, 1998. Provided, however, that (A)
if an | ||||||
16 | electric utility's average residential retail rate is
less than | ||||||
17 | or equal to the average residential retail rate for a
group of | ||||||
18 | Midwest Utilities (consisting of all investor-owned
electric | ||||||
19 | utilities with annual system peaks in excess of 1000
megawatts | ||||||
20 | in the States of Illinois, Indiana, Iowa, Kentucky,
Michigan, | ||||||
21 | Missouri, Ohio, and Wisconsin), based on data reported
on Form | ||||||
22 | 1 to the Federal Energy Regulatory Commission for
calendar year | ||||||
23 | 1995, then it shall only be required to file tariffs
(i) | ||||||
24 | reducing, effective August 1, 1998, each component of
its base | ||||||
25 | rates to residential retail customers by 5% from the
base rates | ||||||
26 | in effect immediately prior to January 1, 1998, (ii)
reducing, | ||||||
27 | effective October 1, 2000, each component of its base
rates to | ||||||
28 | residential retail customers by the lesser of 5% of
the base | ||||||
29 | rates in effect immediately prior to January 1, 1998
or the | ||||||
30 | percentage by which the electric utility's average
residential | ||||||
31 | retail rate exceeds the average residential retail
rate of the | ||||||
32 | Midwest Utilities, based on data reported on Form 1 to
the | ||||||
33 | Federal Energy Regulatory Commission for calendar year
1999, | ||||||
34 | and (iii) reducing, effective October 1, 2002, each
component | ||||||
35 | of its base rates to residential retail customers by
an | ||||||
36 | additional amount equal to the lesser of 5% of the
base rates |
| |||||||
| |||||||
1 | in effect immediately prior to January 1, 1998 or the
| ||||||
2 | percentage by which the electric utility's average
residential | ||||||
3 | retail rate exceeds the average residential retail
rate of the | ||||||
4 | Midwest Utilities, based on data reported on Form 1 to
the | ||||||
5 | Federal Energy Regulatory Commission for calendar year
2001; | ||||||
6 | and (B) if the average residential retail rate of an
electric | ||||||
7 | utility serving between 150,000 and 250,000 retail
customers in | ||||||
8 | this State on January 1, 1995 is less than or equal to
90% of | ||||||
9 | the average residential retail rate for the Midwest
Utilities, | ||||||
10 | based on data reported on Form 1 to the Federal Energy
| ||||||
11 | Regulatory Commission for calendar year 1995, then it
shall | ||||||
12 | only be required to file tariffs (i) reducing,
effective August | ||||||
13 | 1, 1998, each component of its base rates to
residential retail | ||||||
14 | customers by 2% from the base rates in effect
immediately prior | ||||||
15 | to January 1, 1998; (ii) reducing, effective October
1, 2000, | ||||||
16 | each component of its base rates to residential retail
| ||||||
17 | customers by 2% from the base rate in effect
immediately prior | ||||||
18 | to January 1, 1998; and (iii) reducing, effective
October 1, | ||||||
19 | 2002, each component of its base rates to residential
retail | ||||||
20 | customers by 1% from the base rates in effect
immediately prior | ||||||
21 | to January 1, 1998. Provided, further, that any
electric | ||||||
22 | utility for which a decrease in base rates has been or
is | ||||||
23 | placed into effect between October 1, 1996 and the
dates | ||||||
24 | specified in the preceding sentences of this
subsection, other | ||||||
25 | than pursuant to the requirements of this subsection,
shall be | ||||||
26 | entitled to reduce the amount of any reduction or
reductions in | ||||||
27 | its base rates required by this subsection by the
amount of | ||||||
28 | such other decrease. The tariffs required under this
subsection | ||||||
29 | shall be filed 45 days in advance of the effective
date. | ||||||
30 | Notwithstanding anything to the contrary in Section
9-220 of | ||||||
31 | this Act, no restatement of base rates in conjunction
with the | ||||||
32 | elimination of a fuel adjustment clause under that
Section | ||||||
33 | shall result in a lesser decrease in base rates than
customers | ||||||
34 | would otherwise receive under this subsection had the
electric | ||||||
35 | utility's fuel adjustment clause not been
eliminated. | ||||||
36 | (c) Any utility
reducing its base rates by 15% on August 1, |
| |||||||
| |||||||
1 | 1998 pursuant to subsection (b) shall include the
following | ||||||
2 | statement on its bills for residential customers from
August 1 | ||||||
3 | through December 31, 1998: "Effective August 1, 1998,
your | ||||||
4 | rates have been reduced by 15% by the Electric Service
Customer | ||||||
5 | Choice and Rate Relief Law of 1997 passed by the
Illinois | ||||||
6 | General Assembly.". Any utility reducing its base
rates by 5% | ||||||
7 | on August 1, 1998, pursuant to subsection (b) shall
include the | ||||||
8 | following statement on its bills for residential
customers from | ||||||
9 | August 1 through December 31, 1998: "Effective August
1, 1998, | ||||||
10 | your rates have been reduced by 5% by the Electric
Service | ||||||
11 | Customer Choice and Rate Relief Law of 1997 passed by
the | ||||||
12 | Illinois General Assembly.".
| ||||||
13 | Any utility
reducing its base rates by 2% on August 1, 1998 | ||||||
14 | pursuant to subsection (b) shall include the following
| ||||||
15 | statement on its bills for residential customers from
August 1 | ||||||
16 | through December 31, 1998: "Effective August 1, 1998,
your | ||||||
17 | rates have been reduced by 2% by the Electric Service
Customer | ||||||
18 | Choice and Rate Relief Law of 1997 passed by the
Illinois | ||||||
19 | General Assembly.". | ||||||
20 | (d) During the
mandatory transition period, but not before | ||||||
21 | January 1, 2000, and notwithstanding the provisions of
| ||||||
22 | subsection (a), an electric utility may request an
increase in | ||||||
23 | its base rates if the electric utility demonstrates
that the | ||||||
24 | 2-year average of its earned rate of return on common
equity, | ||||||
25 | calculated as its net income applicable to common
stock divided | ||||||
26 | by the average of its beginning and ending balances of
common | ||||||
27 | equity using data reported in the electric utility's
Form 1 | ||||||
28 | report to the Federal Energy Regulatory Commission but
adjusted | ||||||
29 | to remove the effects of accelerated depreciation or
| ||||||
30 | amortization or other transition or mitigation
measures | ||||||
31 | implemented by the electric utility pursuant to
subsection (g) | ||||||
32 | of this Section and the effect of any refund paid
pursuant to | ||||||
33 | subsection (e) of this Section, is below the 2-year
average for | ||||||
34 | the same 2 years of the monthly average yields of
30-year U.S. | ||||||
35 | Treasury bonds published by the Board of Governors of
the | ||||||
36 | Federal Reserve System in its weekly H.15 Statistical
Release |
| |||||||
| |||||||
1 | or successor publication. The Commission shall review
the | ||||||
2 | electric utility's request, and may review the
justness and | ||||||
3 | reasonableness of all rates for tariffed services, in
| ||||||
4 | accordance with the provisions of Article IX of this
Act, | ||||||
5 | provided that the Commission shall consider any
special or | ||||||
6 | negotiated adjustments to the revenue requirement
agreed to | ||||||
7 | between the electric utility and the other parties to
the | ||||||
8 | proceeding. In setting rates under this Section, the
Commission | ||||||
9 | shall exclude the costs and revenues that are
associated with | ||||||
10 | competitive services and any billing or pricing
experiments | ||||||
11 | conducted under Section 16-106.
| ||||||
12 | (e) For the
purposes of this subsection (e) all | ||||||
13 | calculations and comparisons shall be performed for
the | ||||||
14 | Illinois operations of multijurisdictional utilities.
During | ||||||
15 | the mandatory transition period, notwithstanding the
| ||||||
16 | provisions of subsection (a), if the 2-year average of
an | ||||||
17 | electric utility's earned rate of return on common
equity, | ||||||
18 | calculated as its net income applicable to common
stock divided | ||||||
19 | by the average of its beginning and ending balances of
common | ||||||
20 | equity using data reported in the electric utility's
Form 1 | ||||||
21 | report to the Federal Energy Regulatory Commission but
adjusted | ||||||
22 | to remove the effect of any refund paid under this
subsection | ||||||
23 | (e), and further adjusted to include the annual
amortization of | ||||||
24 | any difference between the consideration received by
an | ||||||
25 | affiliated interest of the electric utility in the
sale of an | ||||||
26 | asset which had been sold or transferred by the
electric | ||||||
27 | utility to the affiliated interest subsequent to the
effective | ||||||
28 | date of this amendatory Act of 1997 and the
consideration for | ||||||
29 | which such asset had been sold or transferred to the
affiliated | ||||||
30 | interest, with such difference to be amortized ratably
from the | ||||||
31 | date of the sale by the affiliated interest to
December 31, | ||||||
32 | 2006, exceeds the 2-year average of the Index for the
same 2 | ||||||
33 | years by 1.5 or more percentage points, the electric
utility | ||||||
34 | shall make refunds to customers beginning the first
billing day | ||||||
35 | of April in the following year in the manner described
in | ||||||
36 | paragraph (3) of this subsection. For purposes of this
|
| |||||||
| |||||||
1 | subsection (e), the "Index" shall be the sum of (A)
the average | ||||||
2 | for the 12 months ended September 30 of the monthly
average | ||||||
3 | yields of 30-year U.S. Treasury bonds published by the
Board of | ||||||
4 | Governors of the Federal Reserve System in its weekly
H.15 | ||||||
5 | Statistical Release or successor publication for each
year 1998 | ||||||
6 | through 2006, and (B) (i) 4.00 percentage points for
each of | ||||||
7 | the 12-month periods ending September 30, 1998 through
| ||||||
8 | September 30, 1999 or 8.00 percentage points if the
electric | ||||||
9 | utility's average residential retail rate is less than
or equal | ||||||
10 | to 90% of the average residential retail rate for the
"Midwest | ||||||
11 | Utilities", as that term is defined in subsection (b)
of this | ||||||
12 | Section, based on data reported on Form 1 to the
Federal Energy | ||||||
13 | Regulatory Commission for calendar year 1995, and the
electric | ||||||
14 | utility served between 150,000 and 250,000 retail
customers on | ||||||
15 | January 1, 1995, (ii) 7.00 percentage points for each
of the | ||||||
16 | 12-month periods ending September 30, 2000 through
September | ||||||
17 | 30, 2006 if the electric utility was providing service
to at | ||||||
18 | least 1,000,000 customers in this State on January 1,
1999, or | ||||||
19 | 9.00 percentage points if the electric utility's
average | ||||||
20 | residential retail rate is less than or equal to 90%
of the | ||||||
21 | average residential retail rate for the "Midwest
Utilities", as | ||||||
22 | that term is defined in subsection (b) of this
Section, based | ||||||
23 | on data reported on Form 1 to the Federal Energy
Regulatory | ||||||
24 | Commission for calendar year 1995 and the electric
utility | ||||||
25 | served between 150,000 and 250,000 retail customers in
this | ||||||
26 | State on January 1, 1995, (iii) 11.00 percentage
points for | ||||||
27 | each of the 12-month periods ending September 30, 2000
through | ||||||
28 | September 30, 2006, but only if the electric utility's
average | ||||||
29 | residential retail rate is less than or equal to 90%
of the | ||||||
30 | average residential retail rate for the "Midwest
Utilities", as | ||||||
31 | that term is defined in subsection (b) of this
Section, based | ||||||
32 | on data reported on Form 1 to the Federal Energy
Regulatory | ||||||
33 | Commission for calendar year 1995, the electric
utility served | ||||||
34 | between 150,000 and 250,000 retail customers in this
State on | ||||||
35 | January 1, 1995, and the electric utility offers
delivery | ||||||
36 | services on or before June 1, 2000 to retail customers
whose |
| |||||||
| |||||||
1 | annual electric energy use comprises 33% of the
kilowatt hour | ||||||
2 | sales to that group of retail customers that are
classified | ||||||
3 | under Division D, Groups 20 through 39 of the Standard
| ||||||
4 | Industrial Classifications set forth in the Standard
| ||||||
5 | Industrial Classification Manual published by the
United | ||||||
6 | States Office of Management and Budget, excluding the
kilowatt | ||||||
7 | hour sales to those customers that are eligible for
delivery | ||||||
8 | services pursuant to Section 16-104(a)(1)(i), and
offers | ||||||
9 | delivery services to its remaining retail customers
classified | ||||||
10 | under Division D, Groups 20 through 39 on or before
October 1, | ||||||
11 | 2000, and, provided further, that the electric utility
commits | ||||||
12 | not to petition pursuant to Section 16-108(f) for
entry of an | ||||||
13 | order by the Commission authorizing the electric
utility to | ||||||
14 | implement transition charges for an additional period
after | ||||||
15 | December 31, 2006, or (iv) 5.00 percentage points for
each of | ||||||
16 | the 12-month periods ending September 30, 2000 through
| ||||||
17 | September 30, 2006 for all other electric utilities or
7.00 | ||||||
18 | percentage points for such utilities for each of the
12-month | ||||||
19 | periods ending September 30, 2000 through September
30, 2006 | ||||||
20 | for any such utility that commits not to petition
pursuant to | ||||||
21 | Section 16-108(f) for entry of an order by the
Commission | ||||||
22 | authorizing the electric utility to implement
transition | ||||||
23 | charges for an additional period after December 31,
2006 or | ||||||
24 | 11.00 percentage points for each of the 12-month
periods ending | ||||||
25 | September 30, 2005 and September 30, 2006 for each
electric | ||||||
26 | utility providing service to fewer than 6,500, or
between | ||||||
27 | 75,000 and 150,000, electric retail customers in this
State on | ||||||
28 | January 1, 1995 if such utility commits not to
petition | ||||||
29 | pursuant to Section 16-108(f) for entry of an order by
the | ||||||
30 | Commission authorizing the electric utility to
implement | ||||||
31 | transition charges for an additional period after
December 31, | ||||||
32 | 2006.
| ||||||
33 | (1)
For purposes of this subsection (e), "excess | ||||||
34 | earnings" means the difference
between (A) the 2-year | ||||||
35 | average of the electric
utility's earned rate of return on | ||||||
36 | common equity, less (B) the
2-year average of the sum of |
| |||||||
| |||||||
1 | (i) the Index applicable to
each of the 2 years and (ii) | ||||||
2 | 1.5 percentage points;
provided, that "excess earnings" | ||||||
3 | shall never be less than
zero.
| ||||||
4 | (2)
On or before March 31 of each year 2000 through | ||||||
5 | 2007 each electric utility
shall file a report with the | ||||||
6 | Commission showing its earned
rate of return on common | ||||||
7 | equity, calculated in
accordance with this subsection, for | ||||||
8 | the preceding calendar year
and the average for the | ||||||
9 | preceding 2 calendar
years.
| ||||||
10 | (3)
If an electric utility has excess earnings, | ||||||
11 | determined in accordance with
paragraphs (1) and (2) of | ||||||
12 | this subsection, the refunds
which the electric utility | ||||||
13 | shall pay to its customers
beginning the first billing day | ||||||
14 | of April in the following year
shall be calculated and | ||||||
15 | applied as
follows:
| ||||||
16 | (i)
The electric utility's excess earnings shall | ||||||
17 | be
multiplied by the average of the beginning and | ||||||
18 | ending
balances of the electric utility's common | ||||||
19 | equity
for the 2-year period in which excess earnings | ||||||
20 | occurred.
| ||||||
21 | (ii)
The result of the calculation in (i) shall be | ||||||
22 | multiplied
by 0.50 and then divided by a number equal | ||||||
23 | to 1
minus the electric utility's composite federal and | ||||||
24 | State
income tax rate.
| ||||||
25 | (iii)
The result of the calculation in (ii) shall | ||||||
26 | be
divided by the sum of the electric utility's | ||||||
27 | projected
total kilowatt-hour sales to retail | ||||||
28 | customers
plus projected kilowatt-hours to be | ||||||
29 | delivered
to delivery services customers over a one | ||||||
30 | year
period beginning with the first billing date in | ||||||
31 | April
in the succeeding year to determine a cents per | ||||||
32 | kilowatt-hour
refund factor.
| ||||||
33 | (iv)
The cents per kilowatt-hour refund factor | ||||||
34 | calculated
in (iii) shall be credited to the electric | ||||||
35 | utility's
customers by applying the factor on the | ||||||
36 | customer's
monthly bills to each kilowatt-hour sold or |
| |||||||
| |||||||
1 | delivered
until the total amount calculated in (ii) has | ||||||
2 | been
paid to customers. | ||||||
3 | (f) During the
mandatory transition period, an electric | ||||||
4 | utility may file revised tariffs reducing the price of
any | ||||||
5 | tariffed service offered by the electric utility for
all | ||||||
6 | customers taking that tariffed service, which shall be
| ||||||
7 | effective 7 days after filing.
| ||||||
8 | (g) During the
mandatory transition period, an electric | ||||||
9 | utility may, without obtaining any approval of the
Commission | ||||||
10 | other than that provided for in this subsection and
| ||||||
11 | notwithstanding any other provision of this Act or any
rule or | ||||||
12 | regulation of the Commission that would require such
approval:
| ||||||
13 | (1)
implement a reorganization, other than a merger of | ||||||
14 | 2 or more public utilities as
defined in Section 3-105 or | ||||||
15 | their holding
companies;
| ||||||
16 | (2)
retire generating plants from service;
| ||||||
17 | (3)
sell, assign, lease or otherwise transfer assets to | ||||||
18 | an affiliated or unaffiliated
entity and as part of such | ||||||
19 | transaction enter into service
agreements, power purchase | ||||||
20 | agreements, or other
agreements with the transferee; | ||||||
21 | provided, however, that the
prices, terms and conditions of | ||||||
22 | any power purchase agreement
must be approved or allowed | ||||||
23 | into effect by the Federal
Energy Regulatory Commission; or
| ||||||
24 | (4)
use any accelerated cost recovery method including | ||||||
25 | accelerated depreciation,
accelerated amortization or | ||||||
26 | other capital recovery
methods, or record reductions to the | ||||||
27 | original cost of its
assets. | ||||||
28 | In order to
implement a reorganization, retire generating | ||||||
29 | plants from service, or sell, assign, lease or
otherwise | ||||||
30 | transfer assets pursuant to this Section, the electric
utility | ||||||
31 | shall comply with subsections (c) and (d) of Section
16-128, if | ||||||
32 | applicable, and subsection (k) of this Section, if
applicable, | ||||||
33 | and provide the Commission with at least 30 days
notice of the | ||||||
34 | proposed reorganization or transaction, which notice
shall | ||||||
35 | include the following information:
| ||||||
36 | (i)
a complete statement of the entries that the |
| |||||||
| |||||||
1 | electric
utility will make on its books and records of | ||||||
2 | account to
implement the proposed reorganization or | ||||||
3 | transaction
together with a certification from an | ||||||
4 | independent
certified public accountant that such | ||||||
5 | entries
are in accord with generally accepted | ||||||
6 | accounting
principles and, if the Commission has | ||||||
7 | previously
approved guidelines for cost allocations | ||||||
8 | between
the utility and its affiliates, a | ||||||
9 | certification
from the chief accounting officer of the | ||||||
10 | utility
that such entries are in accord with those cost | ||||||
11 | allocation
guidelines;
| ||||||
12 | (ii)
a description of how the electric utility will | ||||||
13 | use
proceeds of any sale, assignment, lease or transfer | ||||||
14 | to
retire debt or otherwise reduce or recover the costs | ||||||
15 | of
services provided by such electric utility;
| ||||||
16 | (iii)
a list of all federal approvals or approvals | ||||||
17 | required
from departments and agencies of this State, | ||||||
18 | other
than the Commission, that the electric utility | ||||||
19 | has or
will obtain before implementing the | ||||||
20 | reorganization
or transaction;
| ||||||
21 | (iv)
an irrevocable commitment by the electric | ||||||
22 | utility
that it will not, as a result of the | ||||||
23 | transaction,
impose any stranded cost charges that it | ||||||
24 | might
otherwise be allowed to charge retail customers | ||||||
25 | under
federal law or increase the transition charges | ||||||
26 | that
it is otherwise entitled to collect under this | ||||||
27 | Article
XVI; and
| ||||||
28 | (v)
if the electric utility proposes to sell, | ||||||
29 | assign,
lease or otherwise transfer a generating plant | ||||||
30 | that
brings the amount of net dependable generating | ||||||
31 | capacity
transferred pursuant to this subsection to an | ||||||
32 | amount
equal to or greater than 15% of the electric | ||||||
33 | utility's
net dependable capacity as of the effective | ||||||
34 | date
of this amendatory Act of 1997, and enters into a | ||||||
35 | power
purchase agreement with the entity to which such | ||||||
36 | generating
plant is sold, assigned, leased, or |
| |||||||
| |||||||
1 | otherwise
transferred, the electric utility also | ||||||
2 | agrees, if
its fuel adjustment clause has not already | ||||||
3 | been
eliminated, to eliminate its fuel adjustment | ||||||
4 | clause
in accordance with subsection (b) of Section | ||||||
5 | 9-220
for a period of time equal to the length of any | ||||||
6 | such
power purchase agreement or successor agreement, | ||||||
7 | or
until January 1, 2005, whichever is longer; if the | ||||||
8 | capacity
of the generating plant so transferred and | ||||||
9 | related
power purchase agreement does not result in the | ||||||
10 | elimination
of the fuel adjustment clause under this | ||||||
11 | subsection,
and the fuel adjustment clause has not | ||||||
12 | already
been eliminated, the electric utility shall | ||||||
13 | agree
that the costs associated with the transferred | ||||||
14 | plant
that are included in the calculation of the rate | ||||||
15 | per
kilowatt-hour to be applied pursuant to the | ||||||
16 | electric
utility's fuel adjustment clause during such | ||||||
17 | period
shall not exceed the per kilowatt-hour cost | ||||||
18 | associated
with such generating plant included in the | ||||||
19 | electric
utility's fuel adjustment clause during the | ||||||
20 | full
calendar year preceding the transfer, with such | ||||||
21 | limit
to be adjusted each year thereafter by the Gross | ||||||
22 | Domestic
Product Implicit Price Deflator.
| ||||||
23 | (vi)
In addition, if the electric utility proposes | ||||||
24 | to
sell, assign, or lease, (A) either (1) an amount of | ||||||
25 | generating
plant that brings the amount of net | ||||||
26 | dependable
generating capacity transferred pursuant to | ||||||
27 | this
subsection to an amount equal to or greater than | ||||||
28 | 15% of
its net dependable capacity on the effective | ||||||
29 | date
of this amendatory Act of 1997, or (2) one or more | ||||||
30 | generating
plants with a total net dependable capacity | ||||||
31 | of
1100 megawatts, or (B) transmission and | ||||||
32 | distribution
facilities that either (1) bring the | ||||||
33 | amount
of transmission and distribution facilities | ||||||
34 | transferred
pursuant to this subsection to an amount | ||||||
35 | equal
to or greater than 15% of the electric utility's | ||||||
36 | total
depreciated original cost investment in such |
| |||||||
| |||||||
1 | facilities,
or (2) represent an investment of | ||||||
2 | $25,000,000
in terms of total depreciated original | ||||||
3 | cost,
the electric utility shall provide, in addition | ||||||
4 | to the
information listed in subparagraphs (i) through | ||||||
5 | (v),
the following information: (A) a description of | ||||||
6 | how
the electric utility will meet its service | ||||||
7 | obligations
under this Act in a safe and reliable | ||||||
8 | manner
and (B) the electric utility's projected earned | ||||||
9 | rate
of return on common equity, calculated in | ||||||
10 | accordance
with subsection (d) of this Section, for | ||||||
11 | each
year from the date of the notice through December | ||||||
12 | 31,
2006 both with and without the proposed | ||||||
13 | transaction.
If the Commission has not issued an order | ||||||
14 | initiating
a hearing on the proposed transaction | ||||||
15 | within
30 days after the date the electric utility's | ||||||
16 | notice
is filed, the transaction shall be deemed | ||||||
17 | approved.
The Commission may, after notice and | ||||||
18 | hearing,
prohibit the proposed transaction if it makes | ||||||
19 | either
or both of the following findings: (1) that the | ||||||
20 | proposed
transaction will render the electric utility | ||||||
21 | unable
to provide its tariffed services in a safe and | ||||||
22 | reliable
manner, or (2) that there is a strong | ||||||
23 | likelihood
that consummation of the proposed | ||||||
24 | transaction
will result in the electric utility being | ||||||
25 | entitled
to request an increase in its base rates | ||||||
26 | during
the mandatory transition period pursuant to | ||||||
27 | subsection
(d) of this Section. Any hearing initiated | ||||||
28 | by the
Commission into the proposed transaction shall | ||||||
29 | be
completed, and the Commission's final order | ||||||
30 | approving
or prohibiting the proposed transaction | ||||||
31 | shall
be entered, within 90 days after the date the | ||||||
32 | electric
utility's notice was filed. Provided, | ||||||
33 | however,
that a sale, assignment, or lease of | ||||||
34 | transmission
facilities to an independent system | ||||||
35 | operator
that meets the requirements of Section 16-126 | ||||||
36 | shall
not be subject to Commission approval under this
|
| |||||||
| |||||||
1 | Section.
| ||||||
2 | In
any proceeding conducted by the Commission | ||||||
3 | pursuant
to this subparagraph (vi), intervention shall | ||||||
4 | be
limited to parties with a direct interest in the | ||||||
5 | transaction
which is the subject of the hearing and any | ||||||
6 | statutory
consumer protection agency as defined in | ||||||
7 | subsection
(d) of Section 9-102.1. Notwithstanding the | ||||||
8 | provisions
of Section 10-113 of this Act, any | ||||||
9 | application
seeking rehearing of an order issued under | ||||||
10 | this
subparagraph (vi), whether filed by the electric | ||||||
11 | utility or
by an intervening party, shall be filed | ||||||
12 | within
10 days after service of the order. | ||||||
13 | The Commission
shall not in any subsequent proceeding or | ||||||
14 | otherwise, review such a reorganization or other
transaction | ||||||
15 | authorized by this Section, but shall retain the
authority to | ||||||
16 | allocate costs as stated in Section 16-111(i). An
entity to | ||||||
17 | which an electric utility sells, assigns, leases or
transfers | ||||||
18 | assets pursuant to this subsection (g) shall not, as a
result | ||||||
19 | of the transactions specified in this subsection (g),
be deemed | ||||||
20 | a public utility as defined in Section 3-105. Nothing
in this | ||||||
21 | subsection (g) shall change any requirement under the
| ||||||
22 | jurisdiction of the Illinois Department of Nuclear
Safety | ||||||
23 | including, but not limited to, the payment of fees.
Nothing in | ||||||
24 | this subsection (g) shall exempt a utility from
obtaining a | ||||||
25 | certificate pursuant to Section 8-406 of this Act for
the | ||||||
26 | construction of a new electric generating facility.
Nothing in | ||||||
27 | this subsection (g) is intended to exempt the
transactions | ||||||
28 | hereunder from the operation of the federal or State
antitrust | ||||||
29 | laws. Nothing in this subsection (g) shall require an
electric | ||||||
30 | utility to use the procedures specified in this
subsection for | ||||||
31 | any of the transactions specified herein. Any other
procedure | ||||||
32 | available under this Act may, at the electric
utility's | ||||||
33 | election, be used for any such
transaction. | ||||||
34 | (h) During the
mandatory transition period, the Commission | ||||||
35 | shall not establish or use any rates of depreciation,
which for | ||||||
36 | purposes of this subsection shall include
amortization, for any |
| |||||||
| |||||||
1 | electric utility other than those established pursuant
to | ||||||
2 | subsection (c) of Section 5-104 of this Act or
utilized | ||||||
3 | pursuant to subsection (g) of this Section. Provided,
however, | ||||||
4 | that in any proceeding to review an electric utility's
rates | ||||||
5 | for tariffed services pursuant to Section 9-201,
9-202, 9-250 | ||||||
6 | or 16-111(d) of this Act, the Commission may establish
new | ||||||
7 | rates of depreciation for the electric utility in the
same | ||||||
8 | manner provided in subsection (d) of Section 5-104 of
this Act. | ||||||
9 | An electric utility implementing an accelerated cost
recovery | ||||||
10 | method including accelerated depreciation, accelerated
| ||||||
11 | amortization or other capital recovery methods, or
recording | ||||||
12 | reductions to the original cost of its assets,
pursuant to | ||||||
13 | subsection (g) of this Section, shall file a statement
with the | ||||||
14 | Commission describing the accelerated cost recovery
method to | ||||||
15 | be implemented or the reduction in the original cost
of its | ||||||
16 | assets to be recorded. Upon the filing of such
statement, the | ||||||
17 | accelerated cost recovery method or the reduction in
the | ||||||
18 | original cost of assets shall be deemed to be approved
by the | ||||||
19 | Commission as though an order had been entered by the
| ||||||
20 | Commission. | ||||||
21 | (i) Subsequent to
the mandatory transition period, the | ||||||
22 | Commission, in any proceeding to establish rates and
charges | ||||||
23 | for tariffed services offered by an electric utility,
shall | ||||||
24 | consider only (1) the then current or projected
revenues, | ||||||
25 | costs, investments and cost of capital directly or
indirectly | ||||||
26 | associated with the provision of such tariffed
services; (2) | ||||||
27 | collection of transition charges in accordance with
Sections | ||||||
28 | 16-102 and 16-108 of this Act; (3) recovery of any
employee | ||||||
29 | transition costs as described in Section 16-128 which
the | ||||||
30 | electric utility is continuing to incur, including
recovery of | ||||||
31 | any unamortized portion of such costs previously
incurred or | ||||||
32 | committed, with such costs to be equitably allocated
among | ||||||
33 | bundled services, delivery services, and contracts
with | ||||||
34 | alternative retail electric suppliers; and (4)
recovery of the | ||||||
35 | costs associated with the electric utility's
compliance with | ||||||
36 | decommissioning funding requirements; and shall not
consider |
| |||||||
| |||||||
1 | any other revenues, costs, investments or cost of
capital of | ||||||
2 | either the electric utility or of any affiliate of the
electric | ||||||
3 | utility that are not associated with the provision of
tariffed | ||||||
4 | services. In setting rates for tariffed services, the
| ||||||
5 | Commission shall equitably allocate joint and common
costs and | ||||||
6 | investments between the electric utility's competitive
and | ||||||
7 | tariffed services. In determining the justness and
| ||||||
8 | reasonableness of the electric power and energy
component of an | ||||||
9 | electric utility's rates for tariffed services
subsequent to | ||||||
10 | the mandatory transition period and prior to the time
that the | ||||||
11 | provision of such electric power and energy is
declared | ||||||
12 | competitive, the Commission shall consider the extent
to which | ||||||
13 | the electric utility's tariffed rates for such
component for | ||||||
14 | each customer class exceed the market value determined
pursuant | ||||||
15 | to Section 16-112, and, if the electric power and
energy | ||||||
16 | component of such tariffed rate exceeds the market
value by | ||||||
17 | more than 10% for any customer class, may establish
such | ||||||
18 | electric power and energy component at a rate equal to
the | ||||||
19 | market value plus 10%. In any such case, the
Commission may | ||||||
20 | also elect to extend the provisions of Section
16-111(e) for | ||||||
21 | any period in which the electric utility is collecting
| ||||||
22 | transition charges, using information applicable to
such | ||||||
23 | period. | ||||||
24 | (j) During the
mandatory transition period, an electric | ||||||
25 | utility may elect to transfer to a non-operating
income account | ||||||
26 | under the Commission's Uniform System of Accounts
either or | ||||||
27 | both of (i) an amount of unamortized investment tax
credit that | ||||||
28 | is in addition to the ratable amount which is credited
to the | ||||||
29 | electric utility's operating income account for the
year in | ||||||
30 | accordance with Section 46(f)(2) of the federal
Internal | ||||||
31 | Revenue Code of 1986, as in effect prior to P.L.
101-508, or | ||||||
32 | (ii) "excess tax reserves", as that term is defined in
Section | ||||||
33 | 203(e)(2)(A) of the federal Tax Reform Act of 1986,
provided | ||||||
34 | that (A) the amount transferred may not exceed the
amount of | ||||||
35 | the electric utility's assets that were created
pursuant to | ||||||
36 | Statement of Financial Accounting Standards No. 71
which the |
| |||||||
| |||||||
1 | electric utility has written off during the mandatory
| ||||||
2 | transition period, and (B) the transfer shall not be
effective | ||||||
3 | until approved by the Internal Revenue Service. An
electric | ||||||
4 | utility electing to make such a transfer shall file a
statement | ||||||
5 | with the Commission stating the amount and timing of
the | ||||||
6 | transfer for which it intends to request approval of
the | ||||||
7 | Internal Revenue Service, along with a copy of its
proposed | ||||||
8 | request to the Internal Revenue Service for a ruling.
The | ||||||
9 | Commission shall issue an order within 14 days after
the | ||||||
10 | electric utility's filing approving, subject to
receipt of | ||||||
11 | approval from the Internal Revenue Service, the
proposed | ||||||
12 | transfer. | ||||||
13 | (k) If an
electric utility is selling or transferring to a | ||||||
14 | single buyer 5 or more generating plants located in
this State | ||||||
15 | with a total net dependable capacity of 5000 megawatts
or more | ||||||
16 | pursuant to subsection (g) of this Section and has
obtained a | ||||||
17 | sale price or consideration that exceeds 200% of the
book value | ||||||
18 | of such plants, the electric utility must provide to
the | ||||||
19 | Governor, the President of the Illinois Senate, the
Minority | ||||||
20 | Leader of the Illinois Senate, the Speaker of the
Illinois | ||||||
21 | House of Representatives, and the Minority Leader of
the | ||||||
22 | Illinois House of Representatives no later than 15
days after | ||||||
23 | filing its notice under subsection (g) of this Section
or 5 | ||||||
24 | days after the date on which this subsection (k)
becomes law, | ||||||
25 | whichever is later, a written commitment in which such
electric | ||||||
26 | utility agrees to expend $2 billion outside the
corporate | ||||||
27 | limits of any municipality with 1,000,000 or more
inhabitants | ||||||
28 | within such electric utility's service area, over a
6-year | ||||||
29 | period beginning with the calendar year in which the
notice is | ||||||
30 | filed, on projects, programs, and improvements within
its | ||||||
31 | service area relating to transmission and distribution
| ||||||
32 | including, without limitation, infrastructure
expansion, | ||||||
33 | repair and replacement, capital investments,
operations and | ||||||
34 | maintenance, and vegetation management.
| ||||||
35 | (Source: P.A. 91-50, eff. 6-30-99; 92-537, eff.
6-6-02; 92-690, | ||||||
36 | eff. 7-18-02; revised 9-10-02)
|
| |||||||
| |||||||
1 | Section 365.
The Nursing and Advanced Practice Nursing Act | ||||||
2 | is amended by changing Section 10-30 as
follows:
| ||||||
3 | (225 ILCS
65/10-30)
| ||||||
4 | (Section
scheduled to be repealed on January 1, 2008) | ||||||
5 | Sec. 10-30.
Qualifications for licensure.
| ||||||
6 | (a) Each
applicant who successfully meets the requirements | ||||||
7 | of this Section shall be entitled to licensure as a
Registered | ||||||
8 | Nurse or Licensed Practical Nurse, whichever is
applicable. | ||||||
9 | (b) An applicant
for licensure by examination to practice | ||||||
10 | as a registered nurse or licensed practical nurse
shall:
| ||||||
11 | (1)
submit a completed written application, on forms | ||||||
12 | provided by the Department and
fees as established by the | ||||||
13 | Department;
| ||||||
14 | (2)
for registered nurse licensure, have graduated | ||||||
15 | from a professional nursing
education program approved by | ||||||
16 | the Department;
| ||||||
17 | (2.5)
for licensed practical nurse licensure, have | ||||||
18 | graduated
graduate from a practical
nursing education | ||||||
19 | program approved by the
Department;
| ||||||
20 | (3)
have not violated the provisions of Section 10-45 | ||||||
21 | of this Act. The Department
may take into consideration any | ||||||
22 | felony conviction of the
applicant, but such a conviction | ||||||
23 | shall not operate as an
absolute bar to licensure;
| ||||||
24 | (4)
meet all other requirements as established by rule;
| ||||||
25 | (5)
pay, either to the Department or its designated | ||||||
26 | testing service, a fee
covering the cost of providing the | ||||||
27 | examination. Failure to appear
for the examination on the | ||||||
28 | scheduled date at the time and
place specified after the | ||||||
29 | applicant's application for
examination has been received | ||||||
30 | and acknowledged by the
Department or the designated | ||||||
31 | testing service shall result
in the forfeiture of the | ||||||
32 | examination fee.
| ||||||
33 | If an applicant
neglects, fails, or refuses to take an | ||||||
34 | examination or fails to pass an examination for a
license under |
| |||||||
| |||||||
1 | this Act within 3 years after filing the application,
the | ||||||
2 | application shall be denied. However, the applicant
may make a | ||||||
3 | new application accompanied by the required fee and
provide | ||||||
4 | evidence of meeting the requirements in force at the
time of | ||||||
5 | the new application. | ||||||
6 | An applicant may
take and successfully complete a | ||||||
7 | Department-approved examination in another
jurisdiction. | ||||||
8 | However, an applicant who has never been licensed
previously in | ||||||
9 | any jurisdiction that utilizes a Department-approved
| ||||||
10 | examination and who has taken and failed to pass the
| ||||||
11 | examination within 3 years after filing the
application must | ||||||
12 | submit proof of successful completion of a
| ||||||
13 | Department-authorized nursing education program or
| ||||||
14 | recompletion of an approved registered nursing program
or | ||||||
15 | licensed practical nursing program, as appropriate,
prior to | ||||||
16 | re-application. | ||||||
17 | An applicant
shall have one year from the date of | ||||||
18 | notification of successful completion of the
examination to | ||||||
19 | apply to the Department for a license. If an applicant
fails to | ||||||
20 | apply within one year, the applicant shall be required
to again | ||||||
21 | take and pass the examination unless licensed in
another | ||||||
22 | jurisdiction of the United States within one year of
passing | ||||||
23 | the examination. | ||||||
24 | (c) An applicant
for licensure by endorsement who is a | ||||||
25 | registered professional nurse or a licensed practical
nurse | ||||||
26 | licensed by examination under the laws of another
state or | ||||||
27 | territory of the United States or a foreign country,
| ||||||
28 | jurisdiction, territory, or province
shall:
| ||||||
29 | (1)
submit a completed written application, on forms | ||||||
30 | supplied by the Department,
and fees as established by the | ||||||
31 | Department;
| ||||||
32 | (2)
for registered nurse licensure, have graduated | ||||||
33 | from a professional nursing
education program approved by | ||||||
34 | the Department;
| ||||||
35 | (2.5)
for licensed practical nurse licensure, have | ||||||
36 | graduated from a practical
nursing education program |
| |||||||
| |||||||
1 | approved by the
Department;
| ||||||
2 | (3)
submit verification of licensure status directly | ||||||
3 | from the United States
jurisdiction of licensure, if | ||||||
4 | applicable, as defined by
rule;
| ||||||
5 | (4)
have passed the examination authorized by the | ||||||
6 | Department;
| ||||||
7 | (5)
meet all other requirements as established by rule.
| ||||||
8 | (d) All
applicants for registered nurse licensure pursuant | ||||||
9 | to item (2) of subsection (b) and item (2) of
subsection (c) of | ||||||
10 | this Section who are graduates of nursing educational
programs | ||||||
11 | in a country other than the United States or its
territories | ||||||
12 | must submit to the Department certification of
successful | ||||||
13 | completion of the Commission of Graduates of Foreign
Nursing | ||||||
14 | Schools (CGFNS) examination. An applicant who is
unable to | ||||||
15 | provide appropriate documentation to satisfy CGFNS of
her or | ||||||
16 | his educational qualifications for the CGFNS
examination shall | ||||||
17 | be required to pass an examination to test competency
in the | ||||||
18 | English language, which shall be prescribed by the
Department, | ||||||
19 | if the applicant is determined by the Board to be
educationally | ||||||
20 | prepared in nursing. The Board shall make appropriate
inquiry | ||||||
21 | into the reasons for any adverse determination by
CGFNS before | ||||||
22 | making its own decision. | ||||||
23 | An applicant
licensed in another state or territory who is | ||||||
24 | applying for licensure and has received her or his
education in | ||||||
25 | a country other than the United States or its
territories shall | ||||||
26 | be exempt from the completion of the Commission of
Graduates of | ||||||
27 | Foreign Nursing Schools (CGFNS) examination if the
applicant | ||||||
28 | meets all of the following requirements:
| ||||||
29 | (1)
successful passage of the licensure examination | ||||||
30 | authorized by the
Department;
| ||||||
31 | (2)
holds an active, unencumbered license in another | ||||||
32 | state; and
| ||||||
33 | (3)
has been actively practicing for a minimum of 2 | ||||||
34 | years in another
state. | ||||||
35 | (e)
(Blank). | ||||||
36 | (f) Pending the
issuance of a license under subsection (c) |
| |||||||
| |||||||
1 | of this Section, the Department may grant an applicant
a | ||||||
2 | temporary license to practice nursing as a registered
nurse or | ||||||
3 | as a licensed practical nurse if the Department is
satisfied | ||||||
4 | that the applicant holds an active, unencumbered
license in | ||||||
5 | good standing in another jurisdiction. If the
applicant holds | ||||||
6 | more than one current active license, or one or more
active | ||||||
7 | temporary licenses from other jurisdictions, the
Department | ||||||
8 | shall not issue a temporary license until it is
satisfied that | ||||||
9 | each current active license held by the applicant is
| ||||||
10 | unencumbered. The temporary license, which shall be
issued no | ||||||
11 | later than 14 working days following receipt by the
Department | ||||||
12 | of an application for the temporary license, shall be
granted | ||||||
13 | upon the submission of the following to the
Department:
| ||||||
14 | (1)
a signed and completed application for licensure | ||||||
15 | under subsection (a) of this
Section as a registered nurse | ||||||
16 | or a licensed practical
nurse;
| ||||||
17 | (2)
proof of a current, active license in at least one | ||||||
18 | other jurisdiction and proof
that each current active | ||||||
19 | license or temporary license
held by the applicant within | ||||||
20 | the last 5 years is
unencumbered;
| ||||||
21 | (3)
a signed and completed application for a temporary | ||||||
22 | license; and
| ||||||
23 | (4)
the required temporary license fee. | ||||||
24 | (g) The
Department may refuse to issue an applicant a | ||||||
25 | temporary license authorized pursuant to this Section
if, | ||||||
26 | within 14 working days following its receipt of an
application | ||||||
27 | for a temporary license, the Department determines
that:
| ||||||
28 | (1)
the applicant has been convicted of a crime under | ||||||
29 | the laws of a jurisdiction of
the United States: (i) which | ||||||
30 | is a felony; or (ii) which is
a misdemeanor directly | ||||||
31 | related to the practice of the
profession, within the last | ||||||
32 | 5 years;
| ||||||
33 | (2)
within the last 5 years the applicant has had a | ||||||
34 | license or permit related to
the practice of nursing | ||||||
35 | revoked, suspended, or placed
on probation by another | ||||||
36 | jurisdiction, if at least one
of the grounds for revoking, |
| |||||||
| |||||||
1 | suspending, or placing on
probation is the same or | ||||||
2 | substantially equivalent to
grounds in Illinois; or
| ||||||
3 | (3)
it intends to deny licensure by endorsement. | ||||||
4 | For purposes of
this Section, an "unencumbered license" | ||||||
5 | means a license against which no disciplinary action
has been | ||||||
6 | taken or is pending and for which all fees and charges
are paid | ||||||
7 | and current. | ||||||
8 | (h) The
Department may revoke a temporary license issued | ||||||
9 | pursuant to this Section if:
| ||||||
10 | (1)
it determines that the applicant has been convicted | ||||||
11 | of a crime under the law of
any jurisdiction of the United | ||||||
12 | States that is (i) a felony or
(ii) a misdemeanor directly | ||||||
13 | related to the practice of the
profession, within the last | ||||||
14 | 5 years;
| ||||||
15 | (2)
it determines that within the last 5 years the | ||||||
16 | applicant has had a license or
permit related to the | ||||||
17 | practice of nursing revoked,
suspended, or placed on | ||||||
18 | probation by another
jurisdiction, if at least one of the | ||||||
19 | grounds for revoking,
suspending, or placing on probation | ||||||
20 | is the same or substantially
equivalent to grounds in | ||||||
21 | Illinois; or
| ||||||
22 | (3)
it determines that it intends to deny licensure by | ||||||
23 | endorsement.
| ||||||
24 | A temporary
license shall expire 6 months from the date of | ||||||
25 | issuance. Further renewal may be granted by the
Department in | ||||||
26 | hardship cases, as defined by rule and upon approval
of the | ||||||
27 | Director. However, a temporary license shall
automatically | ||||||
28 | expire upon issuance of the Illinois license or upon
| ||||||
29 | notification that the Department intends to deny
licensure, | ||||||
30 | whichever occurs first. | ||||||
31 | (i) Applicants
have 3 years from the date of application to | ||||||
32 | complete the application process. If the process has
not been | ||||||
33 | completed within 3 years from the date of application,
the | ||||||
34 | application shall be denied, the fee forfeited, and
the | ||||||
35 | applicant must reapply and meet the requirements in
effect at | ||||||
36 | the time of reapplication.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff.
7-25-02; | ||||||
2 | revised 2-17-03.) | ||||||
3 | Section 370.
The Pyrotechnic Operator Licensing Act is | ||||||
4 | amended by renumbering Section 99 as
follows:
| ||||||
5 | (225 ILCS
227/999)
| ||||||
6 | Sec.
999
99 . Effective
date. This Act takes effect upon | ||||||
7 | becoming law. | ||||||
8 | (Source: P.A. 93-263, eff. 7-22-03; revised
9-19-03.) | ||||||
9 | Section 375.
The Elevator Safety and Regulation Act is | ||||||
10 | amended by changing Sections 15 and 25 as
follows:
| ||||||
11 | (225 ILCS
312/15)
| ||||||
12 | (Section
scheduled to be repealed on January 1, 2013) | ||||||
13 | Sec. 15.
Definitions. For the purpose of this
Act: | ||||||
14 | "Administrator"
means the Office of the State Fire Marshal. | ||||||
15 | "ANSI A10.4"
means the safety requirements for personnel | ||||||
16 | hoists, an American National Standard.
| ||||||
17 | "ASCE 21" means
the American Society of Civil Engineers | ||||||
18 | Automated People Mover Standards.
| ||||||
19 | "ASME A17.1"
means the Safety Code for Elevators and | ||||||
20 | Escalators, an American National
Standard. | ||||||
21 | "ASME A17.3"
means the Safety Code for Existing Elevators | ||||||
22 | and Escalators, an American National
Standard. | ||||||
23 | "ASME A18.1"
means the Safety Standard for Platform Lifts | ||||||
24 | and Stairway Chairlifts, an American National
Standard. | ||||||
25 | "Automated people
mover" means an installation as defined | ||||||
26 | as an "automated people mover" in ASCE
21. | ||||||
27 | "Board" means the
Elevator Safety Review Board. | ||||||
28 | "Certificate of
operation" means a certificate issued by | ||||||
29 | the Administrator that indicates that the conveyance
has passed | ||||||
30 | the required safety inspection and tests and fees have
been | ||||||
31 | paid as set forth in this Act. The Administrator may
issue a | ||||||
32 | temporary certificate of operation that permits the
temporary |
| |||||||
| |||||||
1 | use of a non-compliant conveyance by the general
public for a | ||||||
2 | limited time of 30 days while minor repairs are being
| ||||||
3 | completed. | ||||||
4 | "Conveyance"
means any elevator, dumbwaiter, escalator, | ||||||
5 | moving sidewalk, platform lifts, stairway chairlifts
and | ||||||
6 | automated people movers. | ||||||
7 | "Elevator" means
an installation defined as an "elevator" | ||||||
8 | in ASME A17.1. | ||||||
9 | "Elevator
contractor" means any person, firm, or | ||||||
10 | corporation who possesses an elevator contractor's
license in | ||||||
11 | accordance with the provisions of Sections 40 and 55
of this | ||||||
12 | Act and who is engaged in the business of erecting,
| ||||||
13 | constructing, installing, altering, servicing,
repairing, or | ||||||
14 | maintaining elevators or related conveyance covered by
this | ||||||
15 | Act. | ||||||
16 | "Elevator
contractor's license" means a license issued to | ||||||
17 | an elevator contractor who has proven his or her
qualifications | ||||||
18 | and ability and has been authorized by the Elevator
Safety | ||||||
19 | Review Board to possess this type of license. It shall
entitle | ||||||
20 | the holder thereof to engage in the business of
erecting, | ||||||
21 | constructing, installing, altering, servicing,
testing, | ||||||
22 | repairing, or maintaining elevators or related
conveyance | ||||||
23 | covered by this Act. The Administrator may issue a
limited | ||||||
24 | elevator contractor's license authorizing a firm or
company | ||||||
25 | that employs individuals to carry on a business of
erecting, | ||||||
26 | constructing, installing, altering, servicing,
repairing, or | ||||||
27 | maintaining platform lifts and stairway chairlifts
within any | ||||||
28 | building or structure, including but not limited to
private | ||||||
29 | residences. | ||||||
30 | "Elevator
inspector" means any person who possesses an | ||||||
31 | elevator inspector's license in accordance with the
provisions | ||||||
32 | of this Act or any person who performs the duties and
functions | ||||||
33 | of an elevator inspector for any unit of local
government with | ||||||
34 | a population greater than 500,000 prior to or on the
effective | ||||||
35 | date of this Act. | ||||||
36 | "Elevator
mechanic" means any person who possesses an |
| |||||||
| |||||||
1 | elevator mechanic's license in accordance with the
provisions | ||||||
2 | of Sections 40 and 45 of this Act and who is engaged
in | ||||||
3 | erecting, constructing, installing, altering,
servicing, | ||||||
4 | repairing, or maintaining elevators or related
conveyance | ||||||
5 | covered by this Act. | ||||||
6 | "Elevator
mechanic's license" means a license issued to a | ||||||
7 | person who has proven his or her qualifications and
ability and | ||||||
8 | has been authorized by the Elevator Safety Review
Board to work | ||||||
9 | on conveyance equipment. It shall entitle the holder
thereof to | ||||||
10 | install, construct, alter, service, repair, test,
maintain, | ||||||
11 | and perform electrical work on elevators or related
conveyance | ||||||
12 | covered by this Act. | ||||||
13 | "Escalator" means
an installation defined as an | ||||||
14 | "escalator" in ASME A17.1. | ||||||
15 | "Existing
installation" means an installation defined as | ||||||
16 | an "installation, existing" in ASME
A17.1. | ||||||
17 | "Inspector's
license" means a license issued to a person | ||||||
18 | who has proven his or her qualifications and ability
and has | ||||||
19 | been authorized by the Elevator Safety Review Board to
possess | ||||||
20 | this type of license. It shall entitle the holder
thereof to | ||||||
21 | engage in the business of inspecting elevators or
related | ||||||
22 | conveyance covered by this Act.
| ||||||
23 | "License" means a
written license, duly issued by the | ||||||
24 | Administrator, authorizing a person, firm, or company
to carry | ||||||
25 | on the business of erecting, constructing, installing,
| ||||||
26 | altering, servicing, repairing, maintaining, or
performing | ||||||
27 | inspections of elevators or related conveyance covered
by this | ||||||
28 | Act. | ||||||
29 | "Material
alteration" means an "alteration" as defined by | ||||||
30 | the Board. | ||||||
31 | "Moving walk"
means an installation as
defined as a "moving | ||||||
32 | walk" in ASME A17.1. | ||||||
33 | "Private
residence" means a separate dwelling or a separate | ||||||
34 | apartment in a multiple dwelling that is occupied by
members of | ||||||
35 | a single-family unit. | ||||||
36 | "Repair" has the
meaning defined by the Board, which does |
| |||||||
| |||||||
1 | not require a permit. | ||||||
2 | "Temporarily
dormant" means an elevator, dumbwaiter, or | ||||||
3 | escalator:
| ||||||
4 | (1)
with a power supply that has been disconnected by | ||||||
5 | removing fuses and placing a
padlock on the mainline | ||||||
6 | disconnect switch in the "off"
position;
| ||||||
7 | (2)
with a car that is parked and hoistway doors that | ||||||
8 | are in the closed and latched
position;
| ||||||
9 | (3)
with a wire seal on the mainline disconnect switch | ||||||
10 | installed by a licensed
elevator inspector;
| ||||||
11 | (4)
that shall not be used again until it has been put | ||||||
12 | in safe running order and is
in condition for use;
| ||||||
13 | (5)
requiring annual inspections for the duration of | ||||||
14 | the temporarily dormant status
by a licensed elevator | ||||||
15 | inspector;
| ||||||
16 | (6)
that has a "temporarily dormant" status that is | ||||||
17 | renewable on an annual basis,
not to exceed a one-year | ||||||
18 | period;
| ||||||
19 | (7)
requiring the inspector to file a report with the | ||||||
20 | chief elevator inspector
describing the current | ||||||
21 | conditions; and
| ||||||
22 | (8)
with a wire seal and padlock that shall not be | ||||||
23 | removed for any purpose
without permission from the | ||||||
24 | elevator
inspector. | ||||||
25 | (Source: P.A. 92-873, eff. 6-1-03; revised
1-20-03.)
| ||||||
26 | (225 ILCS
312/25)
| ||||||
27 | (Section
scheduled to be repealed on January 1, 2013) | ||||||
28 | Sec. 25.
Elevator Safety Review Board.
| ||||||
29 | (a) There is
hereby created within the Office of the State | ||||||
30 | Fire Marshal the Elevator Safety Review Board,
consisting of 13 | ||||||
31 | members. The Administrator shall appoint 3 members who
shall be | ||||||
32 | representatives of
of a fire service communities.
The Governor | ||||||
33 | shall appoint the remaining 10 members of the Board as
follows: | ||||||
34 | one representative from a major elevator manufacturing
company | ||||||
35 | or its authorized representative; one representative
from an |
| |||||||
| |||||||
1 | elevator servicing company; one representative of the
| ||||||
2 | architectural design profession; one representative of
the | ||||||
3 | general public; one representative of a municipality
in this | ||||||
4 | State with a population over 500,000; one
representative of a | ||||||
5 | municipality in this State with a population under
25,000; one | ||||||
6 | representative of a municipality in this State with a
| ||||||
7 | population of 25,000 or over but under 50,000; one
| ||||||
8 | representative of a municipality in this State with a
| ||||||
9 | population of 50,000 or over but under 500,000; one
| ||||||
10 | representative of a building owner or manager; and one
| ||||||
11 | representative of labor involved in the installation,
| ||||||
12 | maintenance, and repair of elevators.
| ||||||
13 | (b) The members
constituting the Board shall be appointed | ||||||
14 | for initial terms as follows:
| ||||||
15 | (1)
Of the members appointed by the Administrator, 2 | ||||||
16 | shall serve for a term of 2
years, and one for a term of 4 | ||||||
17 | years.
| ||||||
18 | (2)
Of the members appointed by the Governor, 2 shall | ||||||
19 | serve for a term of one year,
2 for terms of 2 years, 2 for | ||||||
20 | terms of 3 years, and 4 for
terms of 4 years. | ||||||
21 | At the expiration
of their initial terms of office, the | ||||||
22 | members or their successors shall be appointed for
terms of 4 | ||||||
23 | years each. Upon the expiration of a member's term of
office, | ||||||
24 | the officer who appointed that member shall reappoint
that | ||||||
25 | member or appoint a successor who is a representative
of the | ||||||
26 | same interests with which his or her predecessor was
| ||||||
27 | identified. The Administrator and the Governor may at
any time | ||||||
28 | remove any of their respective appointees for
inefficiency or | ||||||
29 | neglect of duty in office. Upon the death or
incapacity of a | ||||||
30 | member, the officer who appointed that member shall
fill the | ||||||
31 | vacancy for the remainder of the vacated term by
appointing a | ||||||
32 | member who is a representative of the same interests
with which | ||||||
33 | his or her predecessor was identified. The members
shall serve | ||||||
34 | without salary, but shall receive from the State
expenses | ||||||
35 | necessarily incurred by them in performance of their
duties. | ||||||
36 | The Governor shall appoint one of the members to serve
as |
| |||||||
| |||||||
1 | chairperson. The chairperson shall be the deciding
vote in the | ||||||
2 | event of a tie vote. | ||||||
3 | (Source: P.A. 92-873, eff. 6-1-03; revised
1-20-03.) | ||||||
4 | Section 380.
The Illinois Petroleum Education and | ||||||
5 | Marketing Act is amended by changing Section 10 as
follows:
| ||||||
6 | (225 ILCS
728/10)
| ||||||
7 | (Section
scheduled to be repealed on January 1, 2008) | ||||||
8 | Sec. 10.
Illinois Petroleum Resources Board.
| ||||||
9 | (a) There is
hereby created until January 1, 2008, the | ||||||
10 | Illinois Petroleum Resources Board which shall be
subject to | ||||||
11 | the provisions of the Regulatory Sunset Act. The
purpose of the | ||||||
12 | Board is to coordinate a program designed to
demonstrate to the | ||||||
13 | general public the importance of the Illinois oil
exploration | ||||||
14 | and production industry, to encourage the wise and
efficient | ||||||
15 | use of energy, to promote environmentally sound
production | ||||||
16 | methods and technologies, to develop existing supplies
of State | ||||||
17 | oil resources, and to support research and educational
| ||||||
18 | activities concerning the oil exploration and
production | ||||||
19 | industry. | ||||||
20 | (b) The Board
shall be composed of 12 members to be | ||||||
21 | appointed by the Governor. The Governor shall make
appointments | ||||||
22 | from a list of names submitted by qualified producer
| ||||||
23 | associations, of which 10 shall be oil and gas
producers. | ||||||
24 | (c) A member of
the Board shall:
| ||||||
25 | (1)
be at least 25 years of age;
| ||||||
26 | (2)
be a resident of the State of Illinois; and
| ||||||
27 | (3)
have at least 5 years of active experience in the | ||||||
28 | oil industry.
| ||||||
29 | (d) Members shall
serve for a term of 3 years, except that | ||||||
30 | of the initial appointments, 4 members shall serve for
one | ||||||
31 | year, 4 members for 2 years, and 4 members for 3
years. | ||||||
32 | (e) Vacancies
shall be filled for the unexpired term of | ||||||
33 | office in the same manner as the original
appointment. | ||||||
34 | (f) The Board
shall, at its first meeting, elect one of its |
| |||||||
| |||||||
1 | members as chairperson, who shall preside over
meetings of the | ||||||
2 | Board and perform other duties that may be required by
the | ||||||
3 | Board. The first meeting of the Board shall be called
by the | ||||||
4 | Governor. | ||||||
5 | (g) No member of
the Board shall receive a salary or | ||||||
6 | reimbursement for duties performed as a member of the
Board, | ||||||
7 | except that members are eligible to receive
reimbursement for | ||||||
8 | travel expenses incurred in the performance of Board
duties. | ||||||
9 | (Source: P.A. 92-610, eff. 7-1-02; 92-651, eff.
7-11-02; | ||||||
10 | revised 8-12-02.) | ||||||
11 | Section 385.
The Liquor Control Act of 1934 is amended by | ||||||
12 | changing Sections 6-11, 6-15, and 6-16.2 as
follows:
| ||||||
13 | (235 ILCS
5/6-11) (from Ch. 43, par.
127)
| ||||||
14 | Sec. 6-11.
Sale near churches, schools, and hospitals.
| ||||||
15 | (a) No license
shall be issued for the sale at retail of | ||||||
16 | any alcoholic liquor within 100 feet of any church,
school | ||||||
17 | other than an institution of higher learning,
hospital, home | ||||||
18 | for aged or indigent persons or for veterans, their
spouses or | ||||||
19 | children or any military or naval station, provided,
that this | ||||||
20 | prohibition shall not apply to hotels offering
restaurant | ||||||
21 | service, regularly organized clubs, or to restaurants,
food | ||||||
22 | shops or other places where sale of alcoholic liquors
is not | ||||||
23 | the principal business carried on if the place of
business so | ||||||
24 | exempted is not located in a municipality of more than
500,000 | ||||||
25 | persons, unless required by local ordinance; nor to
the renewal | ||||||
26 | of a license for the sale at retail of alcoholic
liquor on | ||||||
27 | premises within 100 feet of any church or school where
the | ||||||
28 | church or school has been established within such 100
feet | ||||||
29 | since the issuance of the original license. In the
case of a | ||||||
30 | church, the distance of 100 feet shall be measured to
the | ||||||
31 | nearest part of any building used for worship services
or | ||||||
32 | educational programs and not to property
boundaries. | ||||||
33 | (b) Nothing in
this Section shall prohibit the issuance of | ||||||
34 | a retail license authorizing the sale of alcoholic
liquor to a |
| |||||||
| |||||||
1 | restaurant, the primary business of which is the sale
of goods | ||||||
2 | baked on the premises if (i) the restaurant is newly
| ||||||
3 | constructed and located on a lot of not less than
10,000 square | ||||||
4 | feet, (ii) the restaurant costs at least $1,000,000 to
| ||||||
5 | construct, (iii) the licensee is the titleholder to
the | ||||||
6 | premises and resides on the premises, and (iv) the
construction | ||||||
7 | of the restaurant is completed within 18 months of the
| ||||||
8 | effective date of this amendatory Act of
1998. | ||||||
9 | (c) Nothing in
this Section shall prohibit the issuance of | ||||||
10 | a retail license authorizing the sale of alcoholic
liquor | ||||||
11 | incidental to a restaurant if (1) the primary business
of the | ||||||
12 | restaurant consists of the sale of food where the sale
of | ||||||
13 | liquor is incidental to the sale of food and the
applicant is a | ||||||
14 | completely new owner of the restaurant, (2) the
immediately | ||||||
15 | prior owner or operator of the premises where the
restaurant is | ||||||
16 | located operated the premises as a restaurant and held
a valid | ||||||
17 | retail license authorizing the sale of alcoholic
liquor at the | ||||||
18 | restaurant for at least part of the 24 months before
the change | ||||||
19 | of ownership, and (3) the restaurant is located 75 or
more feet | ||||||
20 | from a school. | ||||||
21 | (d) In the
interest of further developing Illinois' economy | ||||||
22 | in the area of commerce, tourism, convention, and
banquet | ||||||
23 | business, nothing in this Section shall prohibit
issuance of a | ||||||
24 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
25 | restaurant, banquet facility, grocery store, or hotel
having | ||||||
26 | not fewer than 150 guest room accommodations located
in a | ||||||
27 | municipality of more than 500,000 persons,
notwithstanding the | ||||||
28 | proximity of such hotel, restaurant, banquet facility,
or | ||||||
29 | grocery store to any church or school, if the licensed
premises | ||||||
30 | described on the license are located within an
enclosed mall or | ||||||
31 | building of a height of at least 6 stories, or 60 feet
in the | ||||||
32 | case of a building that has been registered as a
national | ||||||
33 | landmark, or in a grocery store having a minimum of
56,010 | ||||||
34 | square feet of floor space in a single story building
in an | ||||||
35 | open mall of at least 3.96 acres that is adjacent to a
public | ||||||
36 | school that opened as a boys technical high school in
1934, and |
| |||||||
| |||||||
1 | in each of these cases if the sale of alcoholic
liquors is not | ||||||
2 | the principal business carried on by the
licensee. | ||||||
3 | For purposes of
this Section, a "banquet facility" is any | ||||||
4 | part of a building that caters to private parties and
where the | ||||||
5 | sale of alcoholic liquors is not the principal
business. | ||||||
6 | (e) Nothing in
this Section shall prohibit the issuance of | ||||||
7 | a license to a church or private school to sell at
retail | ||||||
8 | alcoholic liquor if any such sales are limited to
periods when | ||||||
9 | groups are assembled on the premises solely for the
promotion | ||||||
10 | of some common object other than the sale or
consumption of | ||||||
11 | alcoholic liquors. | ||||||
12 | (f) Nothing in
this Section shall prohibit a church or | ||||||
13 | church affiliated school located in a home rule
municipality or | ||||||
14 | in a municipality with 75,000 or more inhabitants from
locating | ||||||
15 | within 100 feet of a property for which there is a
preexisting | ||||||
16 | license to sell alcoholic liquor at retail. In these
instances, | ||||||
17 | the local zoning authority may, by ordinance adopted
| ||||||
18 | simultaneously with the granting of an initial special
use | ||||||
19 | zoning permit for the church or church affiliated
school, | ||||||
20 | provide that the 100-foot restriction in this Section
shall not | ||||||
21 | apply to that church or church affiliated school and
future | ||||||
22 | retail liquor licenses. | ||||||
23 | (g) Nothing in
this Section shall prohibit the issuance of | ||||||
24 | a retail license authorizing the sale of alcoholic
liquor at | ||||||
25 | premises within 100 feet, but not less than 90 feet,
of a | ||||||
26 | public school if (1) the premises have been
continuously | ||||||
27 | licensed to sell alcoholic liquor for a period of at
least 50 | ||||||
28 | years, (2) the premises are located in a municipality
having a | ||||||
29 | population of over 500,000 inhabitants, (3) the
licensee is an | ||||||
30 | individual who is a member of a family that has held
the | ||||||
31 | previous 3 licenses for that location for more than 25
years, | ||||||
32 | (4) the principal of the school and the alderman of
the ward in | ||||||
33 | which the school is located have delivered a written
statement | ||||||
34 | to the local liquor control commissioner stating that
they do | ||||||
35 | not object to the issuance of a license under this
subsection | ||||||
36 | (g), and (5) the local liquor control commissioner has
received |
| |||||||
| |||||||
1 | the written consent of a majority of the registered
voters who | ||||||
2 | live within 200 feet of the premises.
| ||||||
3 | (Source: P.A. 91-357, eff. 7-29-99; 91-623, eff.
1-1-00; | ||||||
4 | 92-720, eff. 7-25-02; 92-813, eff. 8-21-02; revised
9-18-02.)
| ||||||
5 | (235 ILCS
5/6-15) (from Ch. 43, par.
130)
| ||||||
6 | (Text of Section
before amendment by P.A. 93-627 ) | ||||||
7 | Sec. 6-15.
No alcoholic liquors shall be sold or delivered | ||||||
8 | in any building belonging to or under the control of
the State | ||||||
9 | or any political subdivision thereof except as
provided in this | ||||||
10 | Act. The corporate authorities of any city, village,
| ||||||
11 | incorporated town or township may provide by
ordinance, | ||||||
12 | however, that alcoholic liquor may be sold or
delivered in any | ||||||
13 | specifically designated building belonging to or under
the | ||||||
14 | control of the municipality or township, or in any
building | ||||||
15 | located on land under the control of the municipality;
provided | ||||||
16 | that such township complies with all applicable local
| ||||||
17 | ordinances in any incorporated area of the township.
Alcoholic | ||||||
18 | liquors may be delivered to and sold at any airport
belonging | ||||||
19 | to or under the control of a municipality of more than
25,000 | ||||||
20 | inhabitants, or in any building or on any golf course
owned by | ||||||
21 | a park district organized under the Park District
Code, subject | ||||||
22 | to the approval of the governing board of the
district, or in | ||||||
23 | any building or on any golf course owned by a forest
preserve | ||||||
24 | district organized under the Downstate Forest Preserve
| ||||||
25 | District Act, subject to the approval of the governing
board of | ||||||
26 | the district, or on the grounds within 500 feet of any
building | ||||||
27 | owned by a forest preserve district organized under
the | ||||||
28 | Downstate Forest Preserve District Act during times
when food | ||||||
29 | is dispensed for consumption within 500 feet of the
building | ||||||
30 | from which the food is dispensed, subject to the
approval of | ||||||
31 | the governing board of the district, or in a building
owned by | ||||||
32 | a Local Mass Transit District organized under the
Local Mass | ||||||
33 | Transit District Act, subject to the approval of the
governing | ||||||
34 | Board of the District, or in Bicentennial Park, or on
the | ||||||
35 | premises of the City of Mendota Lake Park located
adjacent to |
| |||||||
| |||||||
1 | Route 51 in Mendota, Illinois, or on the premises of
Camden | ||||||
2 | Park in Milan, Illinois, or in the community center
owned by | ||||||
3 | the City of Loves Park that is located at 1000 River
Park Drive | ||||||
4 | in Loves Park, Illinois, or, in connection with the
operation | ||||||
5 | of an established food serving facility during times
when food | ||||||
6 | is dispensed for consumption on the premises, and at
the | ||||||
7 | following aquarium and museums located in public
parks: Art | ||||||
8 | Institute of Chicago, Chicago Academy of Sciences,
Chicago | ||||||
9 | Historical Society, Field Museum of Natural History,
Museum of | ||||||
10 | Science and Industry, DuSable Museum of African
American | ||||||
11 | History, John G. Shedd Aquarium and Adler Planetarium,
or at | ||||||
12 | Lakeview Museum of Arts and Sciences in Peoria, or in
| ||||||
13 | connection with the operation of the facilities of the
Chicago | ||||||
14 | Zoological Society or the Chicago Horticultural
Society on land | ||||||
15 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
16 | land used for a golf course or for recreational
purposes owned | ||||||
17 | by the Forest Preserve District of Cook County,
subject to the | ||||||
18 | control of the Forest Preserve District Board of
Commissioners | ||||||
19 | and applicable local law, provided that dram shop
liability | ||||||
20 | insurance is provided at maximum coverage limits so as
to hold | ||||||
21 | the District harmless from all financial loss, damage,
and | ||||||
22 | harm, or in any building located on land owned by the
Chicago | ||||||
23 | Park District if approved by the Park District
Commissioners, | ||||||
24 | or on any land used for a golf course or for
recreational | ||||||
25 | purposes and owned by the Illinois International Port
District | ||||||
26 | if approved by the District's governing board, or at
any | ||||||
27 | airport, golf course, faculty center, or facility in
which | ||||||
28 | conference and convention type activities take place
belonging | ||||||
29 | to or under control of any State university or public
community | ||||||
30 | college district, provided that with respect to a
facility for | ||||||
31 | conference and convention type activities alcoholic
liquors | ||||||
32 | shall be limited to the use of the convention or
conference | ||||||
33 | participants or participants in cultural, political or
| ||||||
34 | educational activities held in such facilities, and
provided | ||||||
35 | further that the faculty or staff of the State
university or a | ||||||
36 | public community college district, or members of an
|
| |||||||
| |||||||
1 | organization of students, alumni, faculty or staff of
the State | ||||||
2 | university or a public community college district are
active | ||||||
3 | participants in the conference or convention, or in
Memorial | ||||||
4 | Stadium on the campus of the University of Illinois at
| ||||||
5 | Urbana-Champaign during games in which the Chicago
Bears | ||||||
6 | professional football team is playing in that stadium
during | ||||||
7 | the renovation of Soldier Field, not more than one and
a half | ||||||
8 | hours before the start of the game and not after the
end of the | ||||||
9 | third quarter of the game, or by a catering
establishment which | ||||||
10 | has rented facilities from a board of trustees of a
public | ||||||
11 | community college district, or, if approved by the
District | ||||||
12 | board, on land owned by the Metropolitan Sanitary
District of | ||||||
13 | Greater Chicago and leased to others for a term of at
least 20 | ||||||
14 | years. Nothing in this Section precludes the sale or
delivery | ||||||
15 | of alcoholic liquor in the form of original packaged
goods in | ||||||
16 | premises located at 500 S. Racine in Chicago belonging
to the | ||||||
17 | University of Illinois and used primarily as a grocery
store by | ||||||
18 | a commercial tenant during the term of a lease that
predates | ||||||
19 | the University's acquisition of the premises; but the
| ||||||
20 | University shall have no power or authority to renew,
transfer, | ||||||
21 | or extend the lease with terms allowing the sale of
alcoholic | ||||||
22 | liquor; and the sale of alcoholic liquor shall be
subject to | ||||||
23 | all local laws and regulations. After the acquisition
by | ||||||
24 | Winnebago County of the property located at 404 Elm
Street in | ||||||
25 | Rockford, a commercial tenant who sold alcoholic
liquor at | ||||||
26 | retail on a portion of the property under a valid
license at | ||||||
27 | the time of the acquisition may continue to do so for
so long | ||||||
28 | as the tenant and the County may agree under existing
or future | ||||||
29 | leases, subject to all local laws and regulations
regarding the | ||||||
30 | sale of alcoholic liquor. Each facility shall provide
dram shop | ||||||
31 | liability in maximum insurance coverage limits so as
to save | ||||||
32 | harmless the State, municipality, State university,
airport, | ||||||
33 | golf course, faculty center, facility in which
conference and | ||||||
34 | convention type activities take place, park district,
Forest | ||||||
35 | Preserve District, public community college district,
| ||||||
36 | aquarium, museum, or sanitary district from all
financial loss, |
| |||||||
| |||||||
1 | damage or harm. Alcoholic liquors may be sold at
retail in | ||||||
2 | buildings of golf courses owned by municipalities in
connection | ||||||
3 | with the operation of an established food serving
facility | ||||||
4 | during times when food is dispensed for consumption
upon the | ||||||
5 | premises. Alcoholic liquors may be delivered to and
sold at | ||||||
6 | retail in any building owned by a fire protection
district | ||||||
7 | organized under the Fire Protection District Act,
provided that | ||||||
8 | such delivery and sale is approved by the board of
trustees of | ||||||
9 | the district, and provided further that such delivery
and sale | ||||||
10 | is limited to fundraising events and to a maximum of 6
events | ||||||
11 | per year. | ||||||
12 | Alcoholic liquor
may be delivered to and sold at retail in | ||||||
13 | the Dorchester Senior Business Center owned by the
Village of | ||||||
14 | Dolton if the alcoholic liquor is sold or dispensed
only in | ||||||
15 | connection with organized functions for which the
planned | ||||||
16 | attendance is 20 or more persons, and if the person or
facility | ||||||
17 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
18 | shop liability insurance in maximum limits so as to
hold | ||||||
19 | harmless the Village of Dolton and the State from all
financial | ||||||
20 | loss, damage and harm. | ||||||
21 | Alcoholic liquors
may be delivered to and sold at retail in | ||||||
22 | any building used as an Illinois State Armory
provided:
| ||||||
23 | (i)
the Adjutant General's written consent to the | ||||||
24 | issuance of a license to sell
alcoholic liquor in such | ||||||
25 | building is filed with the
Commission;
| ||||||
26 | (ii)
the alcoholic liquor is sold or dispensed only in | ||||||
27 | connection with organized
functions held on special | ||||||
28 | occasions;
| ||||||
29 | (iii)
the organized function is one for which the | ||||||
30 | planned attendance is 25 or
more persons; and
| ||||||
31 | (iv)
the facility selling or dispensing the alcoholic | ||||||
32 | liquors has provided dram shop
liability insurance in | ||||||
33 | maximum limits so as to save
harmless the facility and the | ||||||
34 | State from all financial loss,
damage or harm. | ||||||
35 | Alcoholic liquors
may be delivered to and sold at retail in | ||||||
36 | the Chicago Civic Center, provided that:
|
| |||||||
| |||||||
1 | (i)
the written consent of the Public Building | ||||||
2 | Commission which administers
the Chicago Civic Center is | ||||||
3 | filed with the
Commission;
| ||||||
4 | (ii)
the alcoholic liquor is sold or dispensed only in | ||||||
5 | connection with organized
functions held on special | ||||||
6 | occasions;
| ||||||
7 | (iii)
the organized function is one for which the | ||||||
8 | planned attendance is 25 or
more persons;
| ||||||
9 | (iv)
the facility selling or dispensing the alcoholic | ||||||
10 | liquors has provided dram shop
liability insurance in | ||||||
11 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
12 | City of Chicago and the State
from all financial loss, | ||||||
13 | damage or harm;
and
| ||||||
14 | (v)
all applicable local ordinances are complied with.
| ||||||
15 | Alcoholic liquors
may be delivered or sold in any building | ||||||
16 | belonging to or under the control of any city, village
or | ||||||
17 | incorporated town where more than 75% of the physical
| ||||||
18 | properties of the building is used for commercial or
| ||||||
19 | recreational purposes, and the building is located
upon a pier | ||||||
20 | extending into or over the waters of a navigable lake
or stream | ||||||
21 | or on the shore of a navigable lake or stream.
Alcoholic liquor | ||||||
22 | may be sold in buildings under the control of the
Department of | ||||||
23 | Natural Resources when written consent to the issuance
of a | ||||||
24 | license to sell alcoholic liquor in such buildings is
filed | ||||||
25 | with the Commission by the Department of Natural
Resources. | ||||||
26 | Alcoholic liquor may be served or delivered in
buildings and | ||||||
27 | facilities under the control of the Department of
Natural | ||||||
28 | Resources upon the written approval of the Director of
Natural | ||||||
29 | Resources acting as the controlling government
authority. The | ||||||
30 | Director of Natural Resources may specify conditions
on that | ||||||
31 | approval, including but not limited to requirements
for | ||||||
32 | insurance and hours of operation. Notwithstanding any
other | ||||||
33 | provision of this Act, alcoholic liquor sold by a
United States | ||||||
34 | Army Corps of Engineers or Department of Natural
Resources | ||||||
35 | concessionaire who was operating on June 1, 1991 for
| ||||||
36 | on-premises consumption only is not subject to the
provisions |
| |||||||
| |||||||
1 | of Articles IV and IX. Beer and wine may be sold on
the | ||||||
2 | premises of the Joliet Park District Stadium owned by
the | ||||||
3 | Joliet Park District when written consent to the
issuance of a | ||||||
4 | license to sell beer and wine in such premises is
filed with | ||||||
5 | the local liquor commissioner by the Joliet Park
District. Beer | ||||||
6 | and wine may be sold in buildings on the grounds of
State | ||||||
7 | veterans' homes when written consent to the issuance
of a | ||||||
8 | license to sell beer and wine in such buildings is
filed with | ||||||
9 | the Commission by the Department of Veterans' Affairs,
and the | ||||||
10 | facility shall provide dram shop liability in maximum
insurance | ||||||
11 | coverage limits so as to save the facility harmless
from all | ||||||
12 | financial loss, damage or harm. Such liquors may be
delivered | ||||||
13 | to and sold at any property owned or held under lease
by a | ||||||
14 | Metropolitan Pier and Exposition Authority or
Metropolitan | ||||||
15 | Exposition and Auditorium Authority.
| ||||||
16 | Beer and wine may
be sold and dispensed at professional | ||||||
17 | sporting events and at professional concerts and other
| ||||||
18 | entertainment events conducted on premises owned by
the Forest | ||||||
19 | Preserve District of Kane County, subject to the
control of the | ||||||
20 | District Commissioners and applicable local law,
provided that | ||||||
21 | dram shop liability insurance is provided at maximum
coverage | ||||||
22 | limits so as to hold the District harmless from all
financial | ||||||
23 | loss, damage and harm. | ||||||
24 | Nothing in this
Section shall preclude the sale or delivery | ||||||
25 | of beer and wine at a State or county fair or the sale
or | ||||||
26 | delivery of beer or wine at a city fair in any
otherwise lawful | ||||||
27 | manner. | ||||||
28 | Alcoholic liquors
may be sold at retail in buildings in | ||||||
29 | State parks under the control of the Department of
Natural | ||||||
30 | Resources, provided:
| ||||||
31 | a.
the State park has overnight lodging facilities with | ||||||
32 | some restaurant facilities or,
not having overnight | ||||||
33 | lodging facilities, has
restaurant facilities which serve | ||||||
34 | complete luncheon and dinner
or supper meals,
| ||||||
35 | b.
consent to the issuance of a license to sell | ||||||
36 | alcoholic liquors in the
buildings has been filed with the |
| |||||||
| |||||||
1 | commission by the Department
of Natural Resources, and
| ||||||
2 | c.
the alcoholic liquors are sold by the State park | ||||||
3 | lodge or restaurant
concessionaire only during the hours | ||||||
4 | from 11 o'clock a.m. until 12
o'clock midnight. | ||||||
5 | Notwithstanding any other
provision of this Act, alcoholic | ||||||
6 | liquor sold by the State park
or restaurant concessionaire | ||||||
7 | is not subject to the
provisions of Articles IV and IX. | ||||||
8 | Alcoholic liquors
may be sold at retail in buildings on | ||||||
9 | properties under the control of the Historic Sites and
| ||||||
10 | Preservation Division of the Historic Preservation
Agency or | ||||||
11 | the Abraham Lincoln Presidential Library and Museum
provided:
| ||||||
12 | a.
the property has overnight lodging facilities with | ||||||
13 | some restaurant facilities or,
not having overnight | ||||||
14 | lodging facilities, has
restaurant facilities which serve | ||||||
15 | complete luncheon and dinner
or supper meals,
| ||||||
16 | b.
consent to the issuance of a license to sell | ||||||
17 | alcoholic liquors in the
buildings has been filed with the | ||||||
18 | commission by the Historic
Sites and Preservation Division | ||||||
19 | of the Historic Preservation
Agency or the Abraham Lincoln | ||||||
20 | Presidential Library and
Museum, and
| ||||||
21 | c.
the alcoholic liquors are sold by the lodge or | ||||||
22 | restaurant concessionaire only
during the hours from 11 | ||||||
23 | o'clock a.m. until 12 o'clock
midnight. | ||||||
24 | The sale of
alcoholic liquors pursuant to this Section does | ||||||
25 | not authorize the establishment and operation of
facilities | ||||||
26 | commonly called taverns, saloons, bars, cocktail
lounges, and | ||||||
27 | the like except as a part of lodge and restaurant
facilities in | ||||||
28 | State parks or golf courses owned by Forest Preserve
Districts | ||||||
29 | with a population of less than 3,000,000 or
municipalities or | ||||||
30 | park districts. | ||||||
31 | Alcoholic liquors
may be sold at retail in the Springfield | ||||||
32 | Administration Building of the Department of
Transportation | ||||||
33 | and the Illinois State Armory in Springfield;
provided, that | ||||||
34 | the controlling government authority may consent to
such sales | ||||||
35 | only if
| ||||||
36 | a.
the request is from a not-for-profit organization;
|
| |||||||
| |||||||
1 | b.
such sales would not impede normal operations of the | ||||||
2 | departments
involved;
| ||||||
3 | c.
the not-for-profit organization provides dram shop | ||||||
4 | liability in maximum insurance
coverage limits and agrees | ||||||
5 | to defend, save harmless and
indemnify the State of | ||||||
6 | Illinois from all financial
loss, damage or harm;
| ||||||
7 | d.
no such sale shall be made during normal working | ||||||
8 | hours of the State of
Illinois; and
| ||||||
9 | e.
the consent is in writing. | ||||||
10 | Alcoholic liquors
may be sold at retail in buildings in | ||||||
11 | recreational areas of river conservancy districts
under the | ||||||
12 | control of, or leased from, the river conservancy
districts. | ||||||
13 | Such sales are subject to reasonable local regulations
as | ||||||
14 | provided in Article IV; however, no such regulations
may | ||||||
15 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
16 | on Sundays or Holidays. | ||||||
17 | Alcoholic liquors
may be provided in long term care | ||||||
18 | facilities owned or operated by a county under
Division 5-21 or | ||||||
19 | 5-22 of the Counties Code, when approved by the
facility | ||||||
20 | operator and not in conflict with the regulations of
the | ||||||
21 | Illinois Department of Public Health, to residents of
the | ||||||
22 | facility who have had their consumption of the
alcoholic | ||||||
23 | liquors provided approved in writing by a physician
licensed to | ||||||
24 | practice medicine in all its branches.
| ||||||
25 | Alcoholic liquors
may be delivered to and dispensed in | ||||||
26 | State housing assigned to employees of the Department
of | ||||||
27 | Corrections. No person shall furnish or allow to be
furnished | ||||||
28 | any alcoholic liquors to any prisoner confined in any
jail, | ||||||
29 | reformatory, prison or house of correction except upon
a | ||||||
30 | physician's prescription for medicinal
purposes. | ||||||
31 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
32 | Willard Ice Building in Springfield, at the State
Library in | ||||||
33 | Springfield, and at Illinois State Museum facilities
by (1) an | ||||||
34 | agency of the State, whether legislative, judicial or
| ||||||
35 | executive, provided that such agency first obtains
written | ||||||
36 | permission to sell or dispense alcoholic liquors from
the |
| |||||||
| |||||||
1 | controlling government authority, or by (2) a
not-for-profit | ||||||
2 | organization, provided that such
organization:
| ||||||
3 | a.
Obtains written consent from the controlling | ||||||
4 | government
authority;
| ||||||
5 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
6 | that does not impair normal
operations of State offices | ||||||
7 | located in the
building;
| ||||||
8 | c.
Sells or dispenses alcoholic liquors only in | ||||||
9 | connection with an official
activity in the building;
| ||||||
10 | d.
Provides, or its catering service provides, dram | ||||||
11 | shop liability insurance in
maximum coverage limits and in | ||||||
12 | which the carrier agrees to
defend, save harmless and | ||||||
13 | indemnify the State of
Illinois from all financial loss, | ||||||
14 | damage or harm arising out of
the selling or dispensing of | ||||||
15 | alcoholic
liquors. | ||||||
16 | Nothing in this
Act shall prevent a not-for-profit | ||||||
17 | organization or agency of the State from employing the
services | ||||||
18 | of a catering establishment for the selling or
dispensing of | ||||||
19 | alcoholic liquors at authorized
functions. | ||||||
20 | The controlling
government authority for the Willard Ice | ||||||
21 | Building in Springfield shall be the Director of the
Department | ||||||
22 | of Revenue. The controlling government authority for
Illinois | ||||||
23 | State Museum facilities shall be the Director of the
Illinois | ||||||
24 | State Museum. The controlling government authority for
the | ||||||
25 | State Library in Springfield shall be the Secretary of
State. | ||||||
26 | Alcoholic liquors
may be delivered to and sold at retail or | ||||||
27 | dispensed at any facility, property or building under
the | ||||||
28 | jurisdiction of the Historic Sites and Preservation
Division of | ||||||
29 | the Historic Preservation Agency or the Abraham
Lincoln | ||||||
30 | Presidential Library and Museum where the delivery,
sale or | ||||||
31 | dispensing is by (1) an agency of the State, whether
| ||||||
32 | legislative, judicial or executive, provided that such
agency | ||||||
33 | first obtains written permission to sell or dispense
alcoholic | ||||||
34 | liquors from a controlling government authority, or by
(2) a | ||||||
35 | not-for-profit organization provided that such
organization:
| ||||||
36 | a.
Obtains written consent from the controlling |
| |||||||
| |||||||
1 | government
authority;
| ||||||
2 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
3 | that does not impair normal
workings of State offices or | ||||||
4 | operations located at the
facility, property or building;
| ||||||
5 | c.
Sells or dispenses alcoholic liquors only in | ||||||
6 | connection with an official
activity of the not-for-profit | ||||||
7 | organization in the facility,
property or building;
| ||||||
8 | d.
Provides, or its catering service provides, dram | ||||||
9 | shop liability insurance in
maximum coverage limits and in | ||||||
10 | which the carrier agrees to
defend, save harmless and | ||||||
11 | indemnify the State of
Illinois from all financial loss, | ||||||
12 | damage or harm arising out of
the selling or dispensing of | ||||||
13 | alcoholic
liquors. | ||||||
14 | The controlling
government authority for the Historic | ||||||
15 | Sites and Preservation Division of the Historic
Preservation | ||||||
16 | Agency shall be the Director of the Historic Sites and
| ||||||
17 | Preservation, and the controlling government authority
for the | ||||||
18 | Abraham Lincoln Presidential Library and Museum shall
be the | ||||||
19 | Director of the Abraham Lincoln Presidential Library
and | ||||||
20 | Museum. | ||||||
21 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
22 | James R. Thompson Center in Chicago, subject to the
provisions | ||||||
23 | of Section 7.4 of the State Property Control Act, and
222 South | ||||||
24 | College Street in Springfield, Illinois by (1) a
commercial | ||||||
25 | tenant or subtenant conducting business on the
premises under a | ||||||
26 | lease or sublease made pursuant to Section 405-315 of
the | ||||||
27 | Department of Central Management Services Law (20 ILCS
| ||||||
28 | 405/405-315), provided that such tenant or subtenant
who sells | ||||||
29 | or dispenses alcoholic liquors shall procure and
maintain dram | ||||||
30 | shop liability insurance in maximum coverage limits
and in | ||||||
31 | which the carrier agrees to defend, indemnify and save
harmless | ||||||
32 | the State of Illinois from all financial loss, damage
or harm | ||||||
33 | arising out of the sale or dispensing of alcoholic
liquors, or | ||||||
34 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
35 | executive, provided that such agency first obtains
written | ||||||
36 | permission to sell or dispense alcoholic liquors from
the |
| |||||||
| |||||||
1 | Director of Central Management Services, or by (3) a
| ||||||
2 | not-for-profit organization, provided that such
organization:
| ||||||
3 | a.
Obtains written consent from the Department of | ||||||
4 | Central Management
Services;
| ||||||
5 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
6 | that does not impair normal
operations of State offices | ||||||
7 | located in the
building;
| ||||||
8 | c.
Sells or dispenses alcoholic liquors only in | ||||||
9 | connection with an official
activity in the building;
| ||||||
10 | d.
Provides, or its catering service provides, dram | ||||||
11 | shop liability insurance in
maximum coverage limits and in | ||||||
12 | which the carrier agrees to
defend, save harmless and | ||||||
13 | indemnify the State of
Illinois from all financial loss, | ||||||
14 | damage or harm arising out of
the selling or dispensing of | ||||||
15 | alcoholic
liquors. | ||||||
16 | Nothing in this
Act shall prevent a not-for-profit | ||||||
17 | organization or agency of the State from employing the
services | ||||||
18 | of a catering establishment for the selling or
dispensing of | ||||||
19 | alcoholic liquors at functions authorized by the
Director of | ||||||
20 | Central Management Services.
| ||||||
21 | Alcoholic liquors
may be sold or delivered at any facility | ||||||
22 | owned by the Illinois Sports Facilities Authority
provided that | ||||||
23 | dram shop liability insurance has been made available
in a | ||||||
24 | form, with such coverage and in such amounts as the
Authority | ||||||
25 | reasonably determines is necessary.
| ||||||
26 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
27 | Rockford State Office Building by (1) an agency of the
State, | ||||||
28 | whether legislative, judicial or executive, provided
that such | ||||||
29 | agency first obtains written permission to sell or
dispense | ||||||
30 | alcoholic liquors from the Department of Central
Management | ||||||
31 | Services, or by (2) a not-for-profit organization,
provided | ||||||
32 | that such organization:
| ||||||
33 | a.
Obtains written consent from the Department of | ||||||
34 | Central Management
Services;
| ||||||
35 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
36 | that does not impair normal
operations of State offices |
| |||||||
| |||||||
1 | located in the
building;
| ||||||
2 | c.
Sells or dispenses alcoholic liquors only in | ||||||
3 | connection with an official
activity in the building;
| ||||||
4 | d.
Provides, or its catering service provides, dram | ||||||
5 | shop liability insurance in
maximum coverage limits and in | ||||||
6 | which the carrier agrees to
defend, save harmless and | ||||||
7 | indemnify the State of
Illinois from all financial loss, | ||||||
8 | damage or harm arising out of
the selling or dispensing of | ||||||
9 | alcoholic
liquors. | ||||||
10 | Nothing in this
Act shall prevent a not-for-profit | ||||||
11 | organization or agency of the State from employing the
services | ||||||
12 | of a catering establishment for the selling or
dispensing of | ||||||
13 | alcoholic liquors at functions authorized by the
Department of | ||||||
14 | Central Management Services.
| ||||||
15 | Alcoholic liquors
may be sold or delivered in a building | ||||||
16 | that is owned by McLean County, situated on land owned
by the | ||||||
17 | county in the City of Bloomington, and used by the
McLean | ||||||
18 | County Historical Society if the sale or delivery is
approved | ||||||
19 | by an ordinance adopted by the county board, and the
| ||||||
20 | municipality in which the building is located may not
prohibit | ||||||
21 | that sale or delivery, notwithstanding any other
provision of | ||||||
22 | this Section. The regulation of the sale and delivery
of | ||||||
23 | alcoholic liquor in a building that is owned by McLean
County, | ||||||
24 | situated on land owned by the county, and used by the
McLean | ||||||
25 | County Historical Society as provided in this
paragraph is an | ||||||
26 | exclusive power and function of the State and is a
denial and | ||||||
27 | limitation under Article VII, Section 6, subsection
(h) of the | ||||||
28 | Illinois Constitution of the power of a home rule
municipality | ||||||
29 | to regulate that sale and delivery.
| ||||||
30 | Alcoholic liquors
may be sold or delivered in any building | ||||||
31 | situated on land held in trust for any school district
| ||||||
32 | organized under Article 34 of the School Code, if the
building | ||||||
33 | is not used for school purposes and if the sale or
delivery is | ||||||
34 | approved by the board of education.
| ||||||
35 | Alcoholic liquors
may be sold or delivered in buildings | ||||||
36 | owned by the Community Building Complex Committee of
Boone |
| |||||||
| |||||||
1 | County, Illinois if the person or facility selling or
| ||||||
2 | dispensing the alcoholic liquor has provided dram shop
| ||||||
3 | liability insurance with coverage and in amounts that
the | ||||||
4 | Committee reasonably determines are
necessary. | ||||||
5 | Alcoholic liquors
may be sold or delivered in the building | ||||||
6 | located at 1200 Centerville Avenue in Belleville,
Illinois and | ||||||
7 | occupied by either the Belleville Area Special
Education | ||||||
8 | District or the Belleville Area Special Services
Cooperative. | ||||||
9 | (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff.
6-26-02; | ||||||
10 | 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff.
1-1-04; | ||||||
11 | revised 8-1-03.) | ||||||
12 | (Text of Section
after amendment by P.A. 93-627 ) | ||||||
13 | Sec. 6-15.
No alcoholic liquors shall be sold or delivered | ||||||
14 | in any building belonging to or under the control of
the State | ||||||
15 | or any political subdivision thereof except as
provided in this | ||||||
16 | Act. The corporate authorities of any city, village,
| ||||||
17 | incorporated town or township may provide by
ordinance, | ||||||
18 | however, that alcoholic liquor may be sold or
delivered in any | ||||||
19 | specifically designated building belonging to or under
the | ||||||
20 | control of the municipality or township, or in any
building | ||||||
21 | located on land under the control of the municipality;
provided | ||||||
22 | that such township complies with all applicable local
| ||||||
23 | ordinances in any incorporated area of the township.
Alcoholic | ||||||
24 | liquors may be delivered to and sold at any airport
belonging | ||||||
25 | to or under the control of a municipality of more than
25,000 | ||||||
26 | inhabitants, or in any building or on any golf course
owned by | ||||||
27 | a park district organized under the Park District
Code, subject | ||||||
28 | to the approval of the governing board of the
district, or in | ||||||
29 | any building or on any golf course owned by a forest
preserve | ||||||
30 | district organized under the Downstate Forest Preserve
| ||||||
31 | District Act, subject to the approval of the governing
board of | ||||||
32 | the district, or on the grounds within 500 feet of any
building | ||||||
33 | owned by a forest preserve district organized under
the | ||||||
34 | Downstate Forest Preserve District Act during times
when food | ||||||
35 | is dispensed for consumption within 500 feet of the
building |
| |||||||
| |||||||
1 | from which the food is dispensed, subject to the
approval of | ||||||
2 | the governing board of the district, or in a building
owned by | ||||||
3 | a Local Mass Transit District organized under the
Local Mass | ||||||
4 | Transit District Act, subject to the approval of the
governing | ||||||
5 | Board of the District, or in Bicentennial Park, or on
the | ||||||
6 | premises of the City of Mendota Lake Park located
adjacent to | ||||||
7 | Route 51 in Mendota, Illinois, or on the premises of
Camden | ||||||
8 | Park in Milan, Illinois, or in the community center
owned by | ||||||
9 | the City of Loves Park that is located at 1000 River
Park Drive | ||||||
10 | in Loves Park, Illinois, or, in connection with the
operation | ||||||
11 | of an established food serving facility during times
when food | ||||||
12 | is dispensed for consumption on the premises, and at
the | ||||||
13 | following aquarium and museums located in public
parks: Art | ||||||
14 | Institute of Chicago, Chicago Academy of Sciences,
Chicago | ||||||
15 | Historical Society, Field Museum of Natural History,
Museum of | ||||||
16 | Science and Industry, DuSable Museum of African
American | ||||||
17 | History, John G. Shedd Aquarium and Adler Planetarium,
or at | ||||||
18 | Lakeview Museum of Arts and Sciences in Peoria, or in
| ||||||
19 | connection with the operation of the facilities of the
Chicago | ||||||
20 | Zoological Society or the Chicago Horticultural
Society on land | ||||||
21 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
22 | land used for a golf course or for recreational
purposes owned | ||||||
23 | by the Forest Preserve District of Cook County,
subject to the | ||||||
24 | control of the Forest Preserve District Board of
Commissioners | ||||||
25 | and applicable local law, provided that dram shop
liability | ||||||
26 | insurance is provided at maximum coverage limits so as
to hold | ||||||
27 | the District harmless from all financial loss, damage,
and | ||||||
28 | harm, or in any building located on land owned by the
Chicago | ||||||
29 | Park District if approved by the Park District
Commissioners, | ||||||
30 | or on any land used for a golf course or for
recreational | ||||||
31 | purposes and owned by the Illinois International Port
District | ||||||
32 | if approved by the District's governing board, or at
any | ||||||
33 | airport, golf course, faculty center, or facility in
which | ||||||
34 | conference and convention type activities take place
belonging | ||||||
35 | to or under control of any State university or public
community | ||||||
36 | college district, provided that with respect to a
facility for |
| |||||||
| |||||||
1 | conference and convention type activities alcoholic
liquors | ||||||
2 | shall be limited to the use of the convention or
conference | ||||||
3 | participants or participants in cultural, political or
| ||||||
4 | educational activities held in such facilities, and
provided | ||||||
5 | further that the faculty or staff of the State
university or a | ||||||
6 | public community college district, or members of an
| ||||||
7 | organization of students, alumni, faculty or staff of
the State | ||||||
8 | university or a public community college district are
active | ||||||
9 | participants in the conference or convention, or in
Memorial | ||||||
10 | Stadium on the campus of the University of Illinois at
| ||||||
11 | Urbana-Champaign during games in which the Chicago
Bears | ||||||
12 | professional football team is playing in that stadium
during | ||||||
13 | the renovation of Soldier Field, not more than one and
a half | ||||||
14 | hours before the start of the game and not after the
end of the | ||||||
15 | third quarter of the game, or by a catering
establishment which | ||||||
16 | has rented facilities from a board of trustees of a
public | ||||||
17 | community college district, or, if approved by the
District | ||||||
18 | board, on land owned by the Metropolitan Sanitary
District of | ||||||
19 | Greater Chicago and leased to others for a term of at
least 20 | ||||||
20 | years. Nothing in this Section precludes the sale or
delivery | ||||||
21 | of alcoholic liquor in the form of original packaged
goods in | ||||||
22 | premises located at 500 S. Racine in Chicago belonging
to the | ||||||
23 | University of Illinois and used primarily as a grocery
store by | ||||||
24 | a commercial tenant during the term of a lease that
predates | ||||||
25 | the University's acquisition of the premises; but the
| ||||||
26 | University shall have no power or authority to renew,
transfer, | ||||||
27 | or extend the lease with terms allowing the sale of
alcoholic | ||||||
28 | liquor; and the sale of alcoholic liquor shall be
subject to | ||||||
29 | all local laws and regulations. After the acquisition
by | ||||||
30 | Winnebago County of the property located at 404 Elm
Street in | ||||||
31 | Rockford, a commercial tenant who sold alcoholic
liquor at | ||||||
32 | retail on a portion of the property under a valid
license at | ||||||
33 | the time of the acquisition may continue to do so for
so long | ||||||
34 | as the tenant and the County may agree under existing
or future | ||||||
35 | leases, subject to all local laws and regulations
regarding the | ||||||
36 | sale of alcoholic liquor. Each facility shall provide
dram shop |
| |||||||
| |||||||
1 | liability in maximum insurance coverage limits so as
to save | ||||||
2 | harmless the State, municipality, State university,
airport, | ||||||
3 | golf course, faculty center, facility in which
conference and | ||||||
4 | convention type activities take place, park district,
Forest | ||||||
5 | Preserve District, public community college district,
| ||||||
6 | aquarium, museum, or sanitary district from all
financial loss, | ||||||
7 | damage or harm. Alcoholic liquors may be sold at
retail in | ||||||
8 | buildings of golf courses owned by municipalities in
connection | ||||||
9 | with the operation of an established food serving
facility | ||||||
10 | during times when food is dispensed for consumption
upon the | ||||||
11 | premises. Alcoholic liquors may be delivered to and
sold at | ||||||
12 | retail in any building owned by a fire protection
district | ||||||
13 | organized under the Fire Protection District Act,
provided that | ||||||
14 | such delivery and sale is approved by the board of
trustees of | ||||||
15 | the district, and provided further that such delivery
and sale | ||||||
16 | is limited to fundraising events and to a maximum of 6
events | ||||||
17 | per year. | ||||||
18 | Alcoholic liquor
may be delivered to and sold at retail in | ||||||
19 | the Dorchester Senior Business Center owned by the
Village of | ||||||
20 | Dolton if the alcoholic liquor is sold or dispensed
only in | ||||||
21 | connection with organized functions for which the
planned | ||||||
22 | attendance is 20 or more persons, and if the person or
facility | ||||||
23 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
24 | shop liability insurance in maximum limits so as to
hold | ||||||
25 | harmless the Village of Dolton and the State from all
financial | ||||||
26 | loss, damage and harm. | ||||||
27 | Alcoholic liquors
may be delivered to and sold at retail in | ||||||
28 | any building used as an Illinois State Armory
provided:
| ||||||
29 | (i)
the Adjutant General's written consent to the | ||||||
30 | issuance of a license to sell
alcoholic liquor in such | ||||||
31 | building is filed with the
Commission;
| ||||||
32 | (ii)
the alcoholic liquor is sold or dispensed only in | ||||||
33 | connection with organized
functions held on special | ||||||
34 | occasions;
| ||||||
35 | (iii)
the organized function is one for which the | ||||||
36 | planned attendance is 25 or
more persons; and
|
| |||||||
| |||||||
1 | (iv)
the facility selling or dispensing the alcoholic | ||||||
2 | liquors has provided dram shop
liability insurance in | ||||||
3 | maximum limits so as to save
harmless the facility and the | ||||||
4 | State from all financial loss,
damage or harm. | ||||||
5 | Alcoholic liquors
may be delivered to and sold at retail in | ||||||
6 | the Chicago Civic Center, provided that:
| ||||||
7 | (i)
the written consent of the Public Building | ||||||
8 | Commission which administers
the Chicago Civic Center is | ||||||
9 | filed with the
Commission;
| ||||||
10 | (ii)
the alcoholic liquor is sold or dispensed only in | ||||||
11 | connection with organized
functions held on special | ||||||
12 | occasions;
| ||||||
13 | (iii)
the organized function is one for which the | ||||||
14 | planned attendance is 25 or
more persons;
| ||||||
15 | (iv)
the facility selling or dispensing the alcoholic | ||||||
16 | liquors has provided dram shop
liability insurance in | ||||||
17 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
18 | City of Chicago and the State
from all financial loss, | ||||||
19 | damage or harm;
and
| ||||||
20 | (v)
all applicable local ordinances are complied with.
| ||||||
21 | Alcoholic liquors
may be delivered or sold in any building | ||||||
22 | belonging to or under the control of any city, village
or | ||||||
23 | incorporated town where more than 75% of the physical
| ||||||
24 | properties of the building is used for commercial or
| ||||||
25 | recreational purposes, and the building is located
upon a pier | ||||||
26 | extending into or over the waters of a navigable lake
or stream | ||||||
27 | or on the shore of a navigable lake or stream.
Alcoholic liquor | ||||||
28 | may be sold in buildings under the control of the
Department of | ||||||
29 | Natural Resources when written consent to the issuance
of a | ||||||
30 | license to sell alcoholic liquor in such buildings is
filed | ||||||
31 | with the Commission by the Department of Natural
Resources. | ||||||
32 | Alcoholic liquor may be served or delivered in
buildings and | ||||||
33 | facilities under the control of the Department of
Natural | ||||||
34 | Resources upon the written approval of the Director of
Natural | ||||||
35 | Resources acting as the controlling government
authority. The | ||||||
36 | Director of Natural Resources may specify conditions
on that |
| |||||||
| |||||||
1 | approval, including but not limited to requirements
for | ||||||
2 | insurance and hours of operation. Notwithstanding any
other | ||||||
3 | provision of this Act, alcoholic liquor sold by a
United States | ||||||
4 | Army Corps of Engineers or Department of Natural
Resources | ||||||
5 | concessionaire who was operating on June 1, 1991 for
| ||||||
6 | on-premises consumption only is not subject to the
provisions | ||||||
7 | of Articles IV and IX. Beer and wine may be sold on
the | ||||||
8 | premises of the Joliet Park District Stadium owned by
the | ||||||
9 | Joliet Park District when written consent to the
issuance of a | ||||||
10 | license to sell beer and wine in such premises is
filed with | ||||||
11 | the local liquor commissioner by the Joliet Park
District. Beer | ||||||
12 | and wine may be sold in buildings on the grounds of
State | ||||||
13 | veterans' homes when written consent to the issuance
of a | ||||||
14 | license to sell beer and wine in such buildings is
filed with | ||||||
15 | the Commission by the Department of Veterans' Affairs,
and the | ||||||
16 | facility shall provide dram shop liability in maximum
insurance | ||||||
17 | coverage limits so as to save the facility harmless
from all | ||||||
18 | financial loss, damage or harm. Such liquors may be
delivered | ||||||
19 | to and sold at any property owned or held under lease
by a | ||||||
20 | Metropolitan Pier and Exposition Authority or
Metropolitan | ||||||
21 | Exposition and Auditorium Authority.
| ||||||
22 | Beer and wine may
be sold and dispensed at professional | ||||||
23 | sporting events and at professional concerts and other
| ||||||
24 | entertainment events conducted on premises owned by
the Forest | ||||||
25 | Preserve District of Kane County, subject to the
control of the | ||||||
26 | District Commissioners and applicable local law,
provided that | ||||||
27 | dram shop liability insurance is provided at maximum
coverage | ||||||
28 | limits so as to hold the District harmless from all
financial | ||||||
29 | loss, damage and harm. | ||||||
30 | Nothing in this
Section shall preclude the sale or delivery | ||||||
31 | of beer and wine at a State or county fair or the sale
or | ||||||
32 | delivery of beer or wine at a city fair in any
otherwise lawful | ||||||
33 | manner. | ||||||
34 | Alcoholic liquors
may be sold at retail in buildings in | ||||||
35 | State parks under the control of the Department of
Natural | ||||||
36 | Resources, provided:
|
| |||||||
| |||||||
1 | a.
the State park has overnight lodging facilities with | ||||||
2 | some restaurant facilities or,
not having overnight | ||||||
3 | lodging facilities, has
restaurant facilities which serve | ||||||
4 | complete luncheon and dinner
or supper meals,
| ||||||
5 | b.
consent to the issuance of a license to sell | ||||||
6 | alcoholic liquors in the
buildings has been filed with the | ||||||
7 | commission by the Department
of Natural Resources, and
| ||||||
8 | c.
the alcoholic liquors are sold by the State park | ||||||
9 | lodge or restaurant
concessionaire only during the hours | ||||||
10 | from 11 o'clock a.m. until 12
o'clock midnight. | ||||||
11 | Notwithstanding any other
provision of this Act, alcoholic | ||||||
12 | liquor sold by the State park
or restaurant concessionaire | ||||||
13 | is not subject to the
provisions of Articles IV and IX. | ||||||
14 | Alcoholic liquors
may be sold at retail in buildings on | ||||||
15 | properties under the control of the Historic Sites and
| ||||||
16 | Preservation Division of the Historic Preservation
Agency or | ||||||
17 | the Abraham Lincoln Presidential Library and Museum
provided:
| ||||||
18 | a.
the property has overnight lodging facilities with | ||||||
19 | some restaurant facilities or,
not having overnight | ||||||
20 | lodging facilities, has
restaurant facilities which serve | ||||||
21 | complete luncheon and dinner
or supper meals,
| ||||||
22 | b.
consent to the issuance of a license to sell | ||||||
23 | alcoholic liquors in the
buildings has been filed with the | ||||||
24 | commission by the Historic
Sites and Preservation Division | ||||||
25 | of the Historic Preservation
Agency or the Abraham Lincoln | ||||||
26 | Presidential Library and
Museum, and
| ||||||
27 | c.
the alcoholic liquors are sold by the lodge or | ||||||
28 | restaurant concessionaire only
during the hours from 11 | ||||||
29 | o'clock a.m. until 12 o'clock
midnight. | ||||||
30 | The sale of
alcoholic liquors pursuant to this Section does | ||||||
31 | not authorize the establishment and operation of
facilities | ||||||
32 | commonly called taverns, saloons, bars, cocktail
lounges, and | ||||||
33 | the like except as a part of lodge and restaurant
facilities in | ||||||
34 | State parks or golf courses owned by Forest Preserve
Districts | ||||||
35 | with a population of less than 3,000,000 or
municipalities or | ||||||
36 | park districts.
|
| |||||||
| |||||||
1 | Alcoholic liquors
may be sold at retail in the Springfield | ||||||
2 | Administration Building of the Department of
Transportation | ||||||
3 | and the Illinois State Armory in Springfield;
provided, that | ||||||
4 | the controlling government authority may consent to
such sales | ||||||
5 | only if
| ||||||
6 | a.
the request is from a not-for-profit organization;
| ||||||
7 | b.
such sales would not impede normal operations of the | ||||||
8 | departments
involved;
| ||||||
9 | c.
the not-for-profit organization provides dram shop | ||||||
10 | liability in maximum insurance
coverage limits and agrees | ||||||
11 | to defend, save harmless and
indemnify the State of | ||||||
12 | Illinois from all financial
loss, damage or harm;
| ||||||
13 | d.
no such sale shall be made during normal working | ||||||
14 | hours of the State of
Illinois; and
| ||||||
15 | e.
the consent is in writing. | ||||||
16 | Alcoholic liquors
may be sold at retail in buildings in | ||||||
17 | recreational areas of river conservancy districts
under the | ||||||
18 | control of, or leased from, the river conservancy
districts. | ||||||
19 | Such sales are subject to reasonable local regulations
as | ||||||
20 | provided in Article IV; however, no such regulations
may | ||||||
21 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
22 | on Sundays or Holidays. | ||||||
23 | Alcoholic liquors
may be provided in long term care | ||||||
24 | facilities owned or operated by a county under
Division 5-21 or | ||||||
25 | 5-22 of the Counties Code, when approved by the
facility | ||||||
26 | operator and not in conflict with the regulations of
the | ||||||
27 | Illinois Department of Public Health, to residents of
the | ||||||
28 | facility who have had their consumption of the
alcoholic | ||||||
29 | liquors provided approved in writing by a physician
licensed to | ||||||
30 | practice medicine in all its branches.
| ||||||
31 | Alcoholic liquors
may be delivered to and dispensed in | ||||||
32 | State housing assigned to employees of the Department
of | ||||||
33 | Corrections. No person shall furnish or allow to be
furnished | ||||||
34 | any alcoholic liquors to any prisoner confined in any
jail, | ||||||
35 | reformatory, prison or house of correction except upon
a | ||||||
36 | physician's prescription for medicinal
purposes. |
| |||||||
| |||||||
1 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
2 | Willard Ice Building in Springfield, at the State
Library in | ||||||
3 | Springfield, and at Illinois State Museum facilities
by (1) an | ||||||
4 | agency of the State, whether legislative, judicial or
| ||||||
5 | executive, provided that such agency first obtains
written | ||||||
6 | permission to sell or dispense alcoholic liquors from
the | ||||||
7 | controlling government authority, or by (2) a
not-for-profit | ||||||
8 | organization, provided that such
organization:
| ||||||
9 | a.
Obtains written consent from the controlling | ||||||
10 | government
authority;
| ||||||
11 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
12 | that does not impair normal
operations of State offices | ||||||
13 | located in the
building;
| ||||||
14 | c.
Sells or dispenses alcoholic liquors only in | ||||||
15 | connection with an official
activity in the building;
| ||||||
16 | d.
Provides, or its catering service provides, dram | ||||||
17 | shop liability insurance in
maximum coverage limits and in | ||||||
18 | which the carrier agrees to
defend, save harmless and | ||||||
19 | indemnify the State of
Illinois from all financial loss, | ||||||
20 | damage or harm arising out of
the selling or dispensing of | ||||||
21 | alcoholic
liquors. | ||||||
22 | Nothing in this
Act shall prevent a not-for-profit | ||||||
23 | organization or agency of the State from employing the
services | ||||||
24 | of a catering establishment for the selling or
dispensing of | ||||||
25 | alcoholic liquors at authorized
functions. | ||||||
26 | The controlling
government authority for the Willard Ice | ||||||
27 | Building in Springfield shall be the Director of the
Department | ||||||
28 | of Revenue. The controlling government authority for
Illinois | ||||||
29 | State Museum facilities shall be the Director of the
Illinois | ||||||
30 | State Museum. The controlling government authority for
the | ||||||
31 | State Library in Springfield shall be the Secretary of
State. | ||||||
32 | Alcoholic liquors
may be delivered to and sold at retail or | ||||||
33 | dispensed at any facility, property or building under
the | ||||||
34 | jurisdiction of the Historic Sites and Preservation
Division of | ||||||
35 | the Historic Preservation Agency or the Abraham
Lincoln | ||||||
36 | Presidential Library and Museum where the delivery,
sale or |
| |||||||
| |||||||
1 | dispensing is by (1) an agency of the State, whether
| ||||||
2 | legislative, judicial or executive, provided that such
agency | ||||||
3 | first obtains written permission to sell or dispense
alcoholic | ||||||
4 | liquors from a controlling government authority, or by
(2) a | ||||||
5 | not-for-profit organization provided that such
organization:
| ||||||
6 | a.
Obtains written consent from the controlling | ||||||
7 | government
authority;
| ||||||
8 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
9 | that does not impair normal
workings of State offices or | ||||||
10 | operations located at the
facility, property or building;
| ||||||
11 | c.
Sells or dispenses alcoholic liquors only in | ||||||
12 | connection with an official
activity of the not-for-profit | ||||||
13 | organization in the facility,
property or building;
| ||||||
14 | d.
Provides, or its catering service provides, dram | ||||||
15 | shop liability insurance in
maximum coverage limits and in | ||||||
16 | which the carrier agrees to
defend, save harmless and | ||||||
17 | indemnify the State of
Illinois from all financial loss, | ||||||
18 | damage or harm arising out of
the selling or dispensing of | ||||||
19 | alcoholic
liquors. | ||||||
20 | The controlling
government authority for the Historic | ||||||
21 | Sites and Preservation Division of the Historic
Preservation | ||||||
22 | Agency shall be the Director of the Historic Sites and
| ||||||
23 | Preservation, and the controlling government authority
for the | ||||||
24 | Abraham Lincoln Presidential Library and Museum shall
be the | ||||||
25 | Director of the Abraham Lincoln Presidential Library
and | ||||||
26 | Museum. | ||||||
27 | Alcoholic liquors
may be delivered to and sold at retail or | ||||||
28 | dispensed for consumption at the Michael Bilandic
Building at | ||||||
29 | 160 North LaSalle Street, Chicago IL 60601, after the
normal | ||||||
30 | business hours of any day care or child care facility
located | ||||||
31 | in the building, by (1) a commercial tenant or
subtenant | ||||||
32 | conducting business on the premises under a lease made
pursuant | ||||||
33 | to Section 405-315 of the Department of Central
Management | ||||||
34 | Services Law (20 ILCS 405/405-315), provided that such
tenant | ||||||
35 | or subtenant who accepts delivery of, sells, or
dispenses | ||||||
36 | alcoholic liquors shall procure and maintain dram shop
|
| |||||||
| |||||||
1 | liability insurance in maximum coverage limits and in
which the | ||||||
2 | carrier agrees to defend, indemnify, and save harmless
the | ||||||
3 | State of Illinois from all financial loss, damage, or
harm | ||||||
4 | arising out of the delivery, sale, or dispensing of
alcoholic | ||||||
5 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
6 | judicial, or executive, provided that such agency
first obtains | ||||||
7 | written permission to accept delivery of and sell or
dispense | ||||||
8 | alcoholic liquors from the Director of Central
Management | ||||||
9 | Services, or by (3) a not-for-profit organization,
provided | ||||||
10 | that such organization: | ||||||
11 | a.
obtains written consent from the Department of | ||||||
12 | Central Management Services;
| ||||||
13 | b.
accepts delivery of and sells or dispenses the | ||||||
14 | alcoholic liquors in a manner
that does not impair normal | ||||||
15 | operations of State offices
located in the building;
| ||||||
16 | c.
accepts delivery of and sells or dispenses alcoholic | ||||||
17 | liquors only in connection
with an official activity in the | ||||||
18 | building; and
| ||||||
19 | d.
provides, or its catering service provides, dram | ||||||
20 | shop liability insurance in
maximum coverage limits and in | ||||||
21 | which the carrier agrees to
defend, save harmless, and | ||||||
22 | indemnify the State of
Illinois from all financial loss, | ||||||
23 | damage, or harm arising out of
the selling or dispensing of | ||||||
24 | alcoholic
liquors. | ||||||
25 | Nothing in this
Act shall prevent a not-for-profit | ||||||
26 | organization or agency of the State from employing the
services | ||||||
27 | of a catering establishment for the selling or
dispensing of | ||||||
28 | alcoholic liquors at functions authorized by the
Director of | ||||||
29 | Central Management Services. | ||||||
30 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
31 | James R. Thompson Center in Chicago, subject to the
provisions | ||||||
32 | of Section 7.4 of the State Property Control Act, and
222 South | ||||||
33 | College Street in Springfield, Illinois by (1) a
commercial | ||||||
34 | tenant or subtenant conducting business on the
premises under a | ||||||
35 | lease or sublease made pursuant to Section 405-315 of
the | ||||||
36 | Department of Central Management Services Law (20 ILCS
|
| |||||||
| |||||||
1 | 405/405-315), provided that such tenant or subtenant
who sells | ||||||
2 | or dispenses alcoholic liquors shall procure and
maintain dram | ||||||
3 | shop liability insurance in maximum coverage limits
and in | ||||||
4 | which the carrier agrees to defend, indemnify and save
harmless | ||||||
5 | the State of Illinois from all financial loss, damage
or harm | ||||||
6 | arising out of the sale or dispensing of alcoholic
liquors, or | ||||||
7 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
8 | executive, provided that such agency first obtains
written | ||||||
9 | permission to sell or dispense alcoholic liquors from
the | ||||||
10 | Director of Central Management Services, or by (3) a
| ||||||
11 | not-for-profit organization, provided that such
organization:
| ||||||
12 | a.
Obtains written consent from the Department of | ||||||
13 | Central Management
Services;
| ||||||
14 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
15 | that does not impair normal
operations of State offices | ||||||
16 | located in the
building;
| ||||||
17 | c.
Sells or dispenses alcoholic liquors only in | ||||||
18 | connection with an official
activity in the building;
| ||||||
19 | d.
Provides, or its catering service provides, dram | ||||||
20 | shop liability insurance in
maximum coverage limits and in | ||||||
21 | which the carrier agrees to
defend, save harmless and | ||||||
22 | indemnify the State of
Illinois from all financial loss, | ||||||
23 | damage or harm arising out of
the selling or dispensing of | ||||||
24 | alcoholic
liquors. | ||||||
25 | Nothing in this
Act shall prevent a not-for-profit | ||||||
26 | organization or agency of the State from employing the
services | ||||||
27 | of a catering establishment for the selling or
dispensing of | ||||||
28 | alcoholic liquors at functions authorized by the
Director of | ||||||
29 | Central Management Services.
| ||||||
30 | Alcoholic liquors
may be sold or delivered at any facility | ||||||
31 | owned by the Illinois Sports Facilities Authority
provided that | ||||||
32 | dram shop liability insurance has been made available
in a | ||||||
33 | form, with such coverage and in such amounts as the
Authority | ||||||
34 | reasonably determines is necessary.
| ||||||
35 | Alcoholic liquors
may be sold at retail or dispensed at the | ||||||
36 | Rockford State Office Building by (1) an agency of the
State, |
| |||||||
| |||||||
1 | whether legislative, judicial or executive, provided
that such | ||||||
2 | agency first obtains written permission to sell or
dispense | ||||||
3 | alcoholic liquors from the Department of Central
Management | ||||||
4 | Services, or by (2) a not-for-profit organization,
provided | ||||||
5 | that such organization:
| ||||||
6 | a.
Obtains written consent from the Department of | ||||||
7 | Central Management
Services;
| ||||||
8 | b.
Sells or dispenses the alcoholic liquors in a manner | ||||||
9 | that does not impair normal
operations of State offices | ||||||
10 | located in the
building;
| ||||||
11 | c.
Sells or dispenses alcoholic liquors only in | ||||||
12 | connection with an official
activity in the building;
| ||||||
13 | d.
Provides, or its catering service provides, dram | ||||||
14 | shop liability insurance in
maximum coverage limits and in | ||||||
15 | which the carrier agrees to
defend, save harmless and | ||||||
16 | indemnify the State of
Illinois from all financial loss, | ||||||
17 | damage or harm arising out of
the selling or dispensing of | ||||||
18 | alcoholic
liquors. | ||||||
19 | Nothing in this
Act shall prevent a not-for-profit | ||||||
20 | organization or agency of the State from employing the
services | ||||||
21 | of a catering establishment for the selling or
dispensing of | ||||||
22 | alcoholic liquors at functions authorized by the
Department of | ||||||
23 | Central Management Services.
| ||||||
24 | Alcoholic liquors
may be sold or delivered in a building | ||||||
25 | that is owned by McLean County, situated on land owned
by the | ||||||
26 | county in the City of Bloomington, and used by the
McLean | ||||||
27 | County Historical Society if the sale or delivery is
approved | ||||||
28 | by an ordinance adopted by the county board, and the
| ||||||
29 | municipality in which the building is located may not
prohibit | ||||||
30 | that sale or delivery, notwithstanding any other
provision of | ||||||
31 | this Section. The regulation of the sale and delivery
of | ||||||
32 | alcoholic liquor in a building that is owned by McLean
County, | ||||||
33 | situated on land owned by the county, and used by the
McLean | ||||||
34 | County Historical Society as provided in this
paragraph is an | ||||||
35 | exclusive power and function of the State and is a
denial and | ||||||
36 | limitation under Article VII, Section 6, subsection
(h) of the |
| |||||||
| |||||||
1 | Illinois Constitution of the power of a home rule
municipality | ||||||
2 | to regulate that sale and delivery.
| ||||||
3 | Alcoholic liquors
may be sold or delivered in any building | ||||||
4 | situated on land held in trust for any school district
| ||||||
5 | organized under Article 34 of the School Code, if the
building | ||||||
6 | is not used for school purposes and if the sale or
delivery is | ||||||
7 | approved by the board of education.
| ||||||
8 | Alcoholic liquors
may be sold or delivered in buildings | ||||||
9 | owned by the Community Building Complex Committee of
Boone | ||||||
10 | County, Illinois if the person or facility selling or
| ||||||
11 | dispensing the alcoholic liquor has provided dram shop
| ||||||
12 | liability insurance with coverage and in amounts that
the | ||||||
13 | Committee reasonably determines are
necessary. | ||||||
14 | Alcoholic liquors
may be sold or delivered in the building | ||||||
15 | located at 1200 Centerville Avenue in Belleville,
Illinois and | ||||||
16 | occupied by either the Belleville Area Special
Education | ||||||
17 | District or the Belleville Area Special Services
Cooperative. | ||||||
18 | Alcoholic liquors
may be delivered to and sold at the Louis | ||||||
19 | Joliet Renaissance Center, City Center Campus, located
at 214 | ||||||
20 | N. Ottawa Street, Joliet, and the Food
Services/Culinary Arts | ||||||
21 | Department facilities, Main Campus, located at 1215
Houbolt | ||||||
22 | Road, Joliet, owned by or under the control of Joliet
Junior | ||||||
23 | College, Illinois Community College District No. 525.
| ||||||
24 | (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff.
6-26-02; | ||||||
25 | 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff.
1-1-04; | ||||||
26 | 93-627, eff. 6-1-04; revised
1-12-04.)
| ||||||
27 | (235 ILCS
5/6-16.2)
| ||||||
28 | Sec. 6-16.2.
Prohibited entry to a licensed premises. A
| ||||||
29 | municipality or county may prohibit a licensee or any
officer, | ||||||
30 | associate, member, representative, agent, or employee
of a | ||||||
31 | licensee from permitting a person under the age of 21
years to | ||||||
32 | enter and remain in that portion of a licensed
premises that | ||||||
33 | sells, gives, or delivers alcoholic liquor for
consumption on | ||||||
34 | the premises. No prohibition under this Section,
however, shall | ||||||
35 | apply to any licensed premises, such as without
limitation a |
| |||||||
| |||||||
1 | restaurant or food shop, where selling, giving, or
delivering | ||||||
2 | alcoholic liquor is not the principal business of the
licensee | ||||||
3 | at those premises. | ||||||
4 | In those
instances where a person under the age of 21 years | ||||||
5 | is prohibited from entering and remaining on the
premises, | ||||||
6 | proof that the defendant-licensee, or his employee or
agent, | ||||||
7 | demanded, was shown, and reasonably relied upon
adequate | ||||||
8 | written evidence for purposes of entering and
remaining on the | ||||||
9 | licensed premises is an affirmative defense in any
criminal | ||||||
10 | prosecution therefor or to any proceedings for the
suspension | ||||||
11 | or revocation of any license based thereon. It shall
not, | ||||||
12 | however, be an affirmative defense if the
defendant-licensee | ||||||
13 | defendant-license , or
his agent or employee, accepted the | ||||||
14 | written evidence knowing it to be false or
fraudulent. | ||||||
15 | Adequate written
evidence of age and identity of the person | ||||||
16 | is a document issued by a federal, state, county, or
municipal | ||||||
17 | government, or subdivision or agency thereof,
including, but | ||||||
18 | not limited to, a motor vehicle operator's license, a
| ||||||
19 | registration certificate issued under the Federal
Selective | ||||||
20 | Service Act, or an identification card issued to a
member of | ||||||
21 | the armed forces. | ||||||
22 | If a false or
fraudulent Illinois driver's license or | ||||||
23 | Illinois identification card is presented by a person
less than | ||||||
24 | 21 years of age to a licensee or the licensee's agent
or | ||||||
25 | employee for the purpose of obtaining entry and
remaining on a | ||||||
26 | licensed premises, the law enforcement officer or
agency | ||||||
27 | investigating the incident shall, upon the conviction
of the | ||||||
28 | person who presented the fraudulent license or
identification, | ||||||
29 | make a report of the matter to the Secretary of State
on a form | ||||||
30 | provided by the Secretary of State.
| ||||||
31 | (Source: P.A. 90-617, eff. 7-10-98; revised
1-14-04.) | ||||||
32 | Section 390.
The Illinois Public Aid Code is amended by | ||||||
33 | changing Sections 9A-7, 10-8.1, 10-10, 10-11, 11-3,
11-3.3, and | ||||||
34 | 12-13.05 and setting forth and renumbering multiple
versions of | ||||||
35 | Section 5-5.23 as follows:
|
| |||||||
| |||||||
1 | (305 ILCS
5/5-5.23)
| ||||||
2 | Sec. 5-5.23.
Children's mental health services.
| ||||||
3 | (a) The
Department of Public Aid, by rule, shall require | ||||||
4 | the screening and assessment of a child prior to any
| ||||||
5 | Medicaid-funded admission to an inpatient hospital for
| ||||||
6 | psychiatric services to be funded by Medicaid. The
screening | ||||||
7 | and assessment shall include a determination of the
| ||||||
8 | appropriateness and availability of out-patient
support | ||||||
9 | services for necessary treatment. The Department, by
rule, | ||||||
10 | shall establish methods and standards of payment for
the | ||||||
11 | screening, assessment, and necessary alternative
support | ||||||
12 | services. | ||||||
13 | (b) The
Department of Public Aid, to the extent allowable | ||||||
14 | under federal law, shall secure federal financial
| ||||||
15 | participation for Individual Care Grant expenditures
made by | ||||||
16 | the Department of Human Services for the Medicaid
optional | ||||||
17 | service authorized under Section 1905(h) of the
federal Social | ||||||
18 | Security Act, pursuant to the provisions of Section
7.1 of the | ||||||
19 | Mental Health and Developmental Disabilities
Administrative | ||||||
20 | Act. | ||||||
21 | (c) The
Department of Public Aid shall work jointly with | ||||||
22 | the Department of Human Services to implement
subsections (a) | ||||||
23 | and (b). | ||||||
24 | (Source: P.A. 93-495, eff. 8-8-03.)
| ||||||
25 | (305 ILCS
5/5-5.24)
| ||||||
26 | Sec.
5-5.24
5-5.23 . Prenatal
and perinatal care. The | ||||||
27 | Department of Public Aid may provide reimbursement
under this | ||||||
28 | Article for all prenatal and perinatal health care
services | ||||||
29 | that are provided for the purpose of preventing
low-birthweight | ||||||
30 | infants, reducing the need for neonatal intensive care
hospital | ||||||
31 | services, and promoting perinatal health. These
services may | ||||||
32 | include comprehensive risk assessments for pregnant
women, | ||||||
33 | women with infants, and infants, lactation counseling,
| ||||||
34 | nutrition counseling, childbirth support, psychosocial
|
| |||||||
| |||||||
1 | counseling, treatment and prevention of periodontal
disease, | ||||||
2 | and other support services that have been proven to
improve | ||||||
3 | birth outcomes. The Department shall maximize the use
of | ||||||
4 | preventive prenatal and perinatal health care services
| ||||||
5 | consistent with federal statutes, rules, and
regulations. The | ||||||
6 | Department shall develop a plan for prenatal and
perinatal | ||||||
7 | preventive health care and shall present the plan to
the | ||||||
8 | General Assembly by January 1, 2004. On or before
January 1, | ||||||
9 | 2006 and every 2 years thereafter, the Department
shall report | ||||||
10 | to the General Assembly concerning the effectiveness
of | ||||||
11 | prenatal and perinatal health care services reimbursed
under | ||||||
12 | this Section in preventing low-birthweight infants and
| ||||||
13 | reducing the need for neonatal intensive care hospital
| ||||||
14 | services. Each such report shall include an evaluation
of how | ||||||
15 | the ratio of expenditures for treating low-birthweight
infants | ||||||
16 | compared with the investment in promoting healthy
births and | ||||||
17 | infants in local community areas throughout Illinois
relates to | ||||||
18 | healthy infant development in those
areas. | ||||||
19 | (Source: P.A. 93-536, eff. 8-18-03; revised
9-25-03.)
| ||||||
20 | (305 ILCS
5/9A-7) (from Ch. 23, par.
9A-7)
| ||||||
21 | Sec. 9A-7.
Good Cause and Pre-Sanction Process.
| ||||||
22 | (a)
The Department shall establish by rule what constitutes | ||||||
23 | good cause for failure to participate in education,
training | ||||||
24 | and employment programs, failure to accept suitable
employment | ||||||
25 | or terminating employment or reducing
earnings. | ||||||
26 | The Department
shall establish, by rule, a pre-sanction | ||||||
27 | process to assist in resolving disputes over proposed
sanctions | ||||||
28 | and in determining if good cause exists. Good cause
shall | ||||||
29 | include, but not be limited to:
| ||||||
30 | (1)
temporary illness for its duration;
| ||||||
31 | (2)
court required appearance or temporary | ||||||
32 | incarceration;
| ||||||
33 | (3)
(blank);
| ||||||
34 | (4)
death in the family;
| ||||||
35 | (5)
(blank);
|
| |||||||
| |||||||
1 | (6)
(blank);
| ||||||
2 | (7)
(blank);
| ||||||
3 | (8)
(blank);
| ||||||
4 | (9)
extreme inclement weather;
| ||||||
5 | (10)
(blank);
| ||||||
6 | (11)
lack of any support service even though the | ||||||
7 | necessary service is not
specifically provided under the | ||||||
8 | Department program, to the
extent the lack of the needed | ||||||
9 | service presents a significant
barrier to participation;
| ||||||
10 | (12)
if an individual is engaged in employment or | ||||||
11 | training or both that is
consistent with the employment | ||||||
12 | related goals of the program,
if such employment and | ||||||
13 | training is later approved by
Department staff;
| ||||||
14 | (13)
(blank);
| ||||||
15 | (14)
failure of Department staff to correctly forward | ||||||
16 | the information to other
Department staff;
| ||||||
17 | (15)
failure of the participant to cooperate because of | ||||||
18 | attendance at a test or a
mandatory class or function at an | ||||||
19 | educational program (including
college), when an education | ||||||
20 | or training program is
officially approved by the | ||||||
21 | Department;
| ||||||
22 | (16)
failure of the participant due to his or her | ||||||
23 | illiteracy;
| ||||||
24 | (17)
failure of the participant because it is | ||||||
25 | determined that he or she
should be in a different | ||||||
26 | activity;
| ||||||
27 | (18)
non-receipt by the participant of a notice | ||||||
28 | advising him or her of a
participation requirement. If the | ||||||
29 | non-receipt of mail occurs
frequently, the Department | ||||||
30 | shall explore an alternative
means of providing notices of | ||||||
31 | participation requests to
participants;
| ||||||
32 | (19)
(blank);
| ||||||
33 | (20)
non-comprehension of English, either written or | ||||||
34 | oral or both;
| ||||||
35 | (21)
(blank);
| ||||||
36 | (22)
(blank);
|
| |||||||
| |||||||
1 | (23)
child care (or day care for an incapacitated | ||||||
2 | individual living in the same
home as a dependent child) is | ||||||
3 | necessary for the
participation or employment and such care | ||||||
4 | is not available for a child
under age 13;
| ||||||
5 | (24)
failure to participate in an activity due to a | ||||||
6 | scheduled job interview,
medical appointment for the | ||||||
7 | participant or a household
member, or school appointment;
| ||||||
8 | (25)
the individual is homeless. Homeless individuals | ||||||
9 | (including the family) have no
current residence and no | ||||||
10 | expectation of acquiring one
in the next 30 days. This | ||||||
11 | includes individuals residing
in overnight and | ||||||
12 | transitional (temporary)
shelters. This does not include | ||||||
13 | individuals who are sharing a
residence with friends or | ||||||
14 | relatives on a continuing
basis;
| ||||||
15 | (26)
circumstances beyond the control of the | ||||||
16 | participant which prevent the
participant from completing | ||||||
17 | program requirements;
or
| ||||||
18 | (27)
(blank). | ||||||
19 | (b)
(Blank).
| ||||||
20 | (c) (1) The
Department shall establish a reconciliation | ||||||
21 | procedure to assist in
resolving disputes related to any | ||||||
22 | aspect of participation,
including exemptions, good cause, | ||||||
23 | sanctions or proposed
sanctions, supportive services, | ||||||
24 | assessments, responsibility
and service plans, assignment | ||||||
25 | to activities, suitability of
employment, or refusals of | ||||||
26 | offers of employment. Through
the reconciliation process | ||||||
27 | the Department shall have a
mechanism to identify good | ||||||
28 | cause, ensure that the client
is aware of the issue, and | ||||||
29 | enable the client to perform
required activities without | ||||||
30 | facing sanction.
| ||||||
31 | (2)
A participant may request reconciliation and | ||||||
32 | receive notice in writing of a
meeting. At least one | ||||||
33 | face-to-face meeting may be
scheduled to resolve | ||||||
34 | misunderstandings or
disagreements related to program | ||||||
35 | participation and situations
which may lead to a potential | ||||||
36 | sanction. The meeting will
address the underlying reason |
| |||||||
| |||||||
1 | for the dispute and plan a
resolution to enable the | ||||||
2 | individual to participate in
TANF employment and work | ||||||
3 | activity
requirements.
| ||||||
4 | (2.5)
If the individual fails to appear at the | ||||||
5 | reconciliation meeting without
good cause, the | ||||||
6 | reconciliation is unsuccessful
and a sanction shall be | ||||||
7 | imposed.
| ||||||
8 | (3)
The reconciliation process shall continue after it | ||||||
9 | is determined that the
individual did not have good cause | ||||||
10 | for non-cooperation. Any
necessary demonstration of | ||||||
11 | cooperation on the part of the
participant will be part of | ||||||
12 | the reconciliation process.
Failure to demonstrate | ||||||
13 | cooperation will result in
immediate sanction.
| ||||||
14 | (4)
For the first instance of non-cooperation, if the | ||||||
15 | client reaches agreement to
cooperate, the client shall be | ||||||
16 | allowed 30 days to demonstrate
cooperation before any | ||||||
17 | sanction activity may be
imposed. In any subsequent | ||||||
18 | instances of non-cooperation,
the client shall be provided | ||||||
19 | the opportunity to show good
cause or remedy the situation | ||||||
20 | by immediately complying with
the requirement.
| ||||||
21 | (5)
The Department shall document in the case record | ||||||
22 | the proceedings of the
reconciliation and provide the | ||||||
23 | client in writing with a
reconciliation agreement.
| ||||||
24 | (6)
If reconciliation resolves the dispute, no | ||||||
25 | sanction shall be imposed. If
the client fails to comply | ||||||
26 | with the reconciliation
agreement, the Department shall | ||||||
27 | then immediately impose the
original sanction. If the | ||||||
28 | dispute cannot be resolved
during reconciliation, a | ||||||
29 | sanction shall not be imposed
until the reconciliation | ||||||
30 | process is
complete. | ||||||
31 | (Source: P.A. 93-598, eff. 8-26-03; revised
10-9-03.)
| ||||||
32 | (305 ILCS
5/10-8.1)
| ||||||
33 | Sec. 10-8.1.
Temporary order for child support. | ||||||
34 | Notwithstanding any other law to the contrary, pending
the | ||||||
35 | outcome of an administrative determination of
parentage, the |
| |||||||
| |||||||
1 | Illinois Department shall issue a temporary order for
child | ||||||
2 | support, upon motion by a party and a showing of clear
and | ||||||
3 | convincing evidence of paternity. In determining the
amount of | ||||||
4 | the temporary child support award, the Illinois
Department | ||||||
5 | shall use the guidelines and standards set forth in
subsection | ||||||
6 | (a) of Section 505 and in Section 505.2 of the
Illinois | ||||||
7 | Marriage and Dissolution of Marriage Act.
| ||||||
8 | Any new or
existing support order entered by the Illinois | ||||||
9 | Department under this Section shall be deemed to be a
series of | ||||||
10 | judgments against the person obligated to pay support
| ||||||
11 | thereunder, each such judgment to be in the amount of
each | ||||||
12 | payment or installment of support and each judgment to
be | ||||||
13 | deemed entered as of the date the corresponding
payment or | ||||||
14 | installment becomes due under the terms of the support
order. | ||||||
15 | Each such judgment shall have the full force, effect,
and | ||||||
16 | attributes of any other judgment of this State,
including the | ||||||
17 | ability to be enforced. Any such judgment is subject
to | ||||||
18 | modification or termination only in accordance with
Section 510 | ||||||
19 | of the Illinois Marriage and Dissolution of Marriage
Act. A | ||||||
20 | lien arises by operation of law against the real and
personal | ||||||
21 | property of the noncustodial parent for each
installment of | ||||||
22 | overdue support owed by the noncustodial
parent. | ||||||
23 | All orders for
support entered or modified in a case in | ||||||
24 | which a party is receiving child support enforcement
services | ||||||
25 | under this Article X shall include a provision
requiring the | ||||||
26 | non-custodial parent to notify the Illinois
Department, within | ||||||
27 | 7 days, (i) of the name, address, and telephone number
of any | ||||||
28 | new employer of the non-custodial parent, (ii) whether
the | ||||||
29 | non-custodial parent has access to health insurance
coverage | ||||||
30 | through the employer or other group coverage, and, if
so, the | ||||||
31 | policy name and number and the names of persons
covered under | ||||||
32 | the policy, and (iii) of any new residential or
mailing address | ||||||
33 | or telephone number of the non-custodial
parent. | ||||||
34 | In any subsequent
action to enforce a support order, upon | ||||||
35 | sufficient showing that diligent effort has been made
to | ||||||
36 | ascertain the location of the non-custodial parent,
service of |
| |||||||
| |||||||
1 | process or provision of notice necessary in that
action may be | ||||||
2 | made at the last known address of the non-custodial
parent, in | ||||||
3 | any manner expressly provided by the Code of Civil
Procedure or | ||||||
4 | this Act, which service shall be sufficient for
purposes of due | ||||||
5 | process. | ||||||
6 | An order for
support shall include a date on which the | ||||||
7 | current support obligation terminates. The termination
date | ||||||
8 | shall be no earlier than the date on which the child
covered by | ||||||
9 | the order will attain the age of 18. However, if the
child will | ||||||
10 | not graduate from high school until after attaining
the age of | ||||||
11 | 18, then the termination date shall be no earlier than
the | ||||||
12 | earlier of the date on which the child's high school
graduation | ||||||
13 | will occur or the date on which the child will attain
the age | ||||||
14 | of 19. The order for support shall state that the
termination | ||||||
15 | date does not apply to any arrearage that may remain
unpaid on | ||||||
16 | that date. Nothing in this paragraph shall be
construed to | ||||||
17 | prevent the Illinois Department from modifying the
order or | ||||||
18 | terminating the order in the event the child is
otherwise | ||||||
19 | emancipated. | ||||||
20 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff.
6-1-03; revised | ||||||
21 | 9-27-03.)
| ||||||
22 | (305 ILCS
5/10-10) (from Ch. 23, par.
10-10)
| ||||||
23 | Sec. 10-10.
Court enforcement; applicability also to | ||||||
24 | persons who are not applicants or recipients. Except
where the | ||||||
25 | Illinois Department, by agreement, acts for the local
| ||||||
26 | governmental unit, as provided in Section 10-3.1,
local | ||||||
27 | governmental units shall refer to the State's Attorney
or to | ||||||
28 | the proper legal representative of the governmental
unit, for | ||||||
29 | judicial enforcement as herein provided, instances of
| ||||||
30 | non-support or insufficient support when the
dependents are | ||||||
31 | applicants or recipients under Article VI. The Child
and Spouse | ||||||
32 | Support Unit established by Section 10-3.1 may
institute in | ||||||
33 | behalf of the Illinois Department any actions under
this | ||||||
34 | Section for judicial enforcement of the support
liability when | ||||||
35 | the dependents are (a) applicants or recipients under
Articles |
| |||||||
| |||||||
1 | III, IV, V or VII; (b) applicants or recipients in a
local | ||||||
2 | governmental unit when the Illinois Department, by
agreement, | ||||||
3 | acts for the unit; or (c) non-applicants or
non-recipients who | ||||||
4 | are receiving child support enforcement services under
this | ||||||
5 | Article X, as provided in Section 10-1. Where the
Child and | ||||||
6 | Spouse Support Unit has exercised its option and
discretion not | ||||||
7 | to apply the provisions of Sections 10-3 through 10-8,
the | ||||||
8 | failure by the Unit to apply such provisions shall not
be a bar | ||||||
9 | to bringing an action under this Section.
| ||||||
10 | Action shall be
brought in the circuit court to obtain | ||||||
11 | support, or for the recovery of aid granted during the
period | ||||||
12 | such support was not provided, or both for the
obtainment of | ||||||
13 | support and the recovery of the aid provided. Actions
for the | ||||||
14 | recovery of aid may be taken separately or they may be
| ||||||
15 | consolidated with actions to obtain support. Such
actions may | ||||||
16 | be brought in the name of the person or persons
requiring | ||||||
17 | support, or may be brought in the name of the Illinois
| ||||||
18 | Department or the local governmental unit, as the case
| ||||||
19 | requires, in behalf of such persons.
| ||||||
20 | The court may
enter such orders for the payment of moneys | ||||||
21 | for the support of the person as may be just and
equitable and | ||||||
22 | may direct payment thereof for such period or periods
of time | ||||||
23 | as the circumstances require, including support for a
period | ||||||
24 | before the date the order for support is entered. The
order may | ||||||
25 | be entered against any or all of the defendant
responsible | ||||||
26 | relatives and may be based upon the proportionate
ability of | ||||||
27 | each to contribute to the person's
support. | ||||||
28 | The Court shall
determine the amount of child support | ||||||
29 | (including child support for a period before the date
the order | ||||||
30 | for child support is entered) by using the guidelines
and | ||||||
31 | standards set forth in subsection (a) of Section 505
and in | ||||||
32 | Section 505.2 of the Illinois Marriage and Dissolution
of | ||||||
33 | Marriage Act. For purposes of determining the amount
of child | ||||||
34 | support to be paid for a period before the date the
order for | ||||||
35 | child support is entered, there is a rebuttable
presumption | ||||||
36 | that the responsible relative's net income for that
period was |
| |||||||
| |||||||
1 | the same as his or her net income at the time the
order is | ||||||
2 | entered. | ||||||
3 | If (i) the
responsible relative was properly served with a | ||||||
4 | request for discovery of financial information
relating to the | ||||||
5 | responsible relative's ability to provide child
support, (ii) | ||||||
6 | the responsible relative failed to comply with the
request, | ||||||
7 | despite having been ordered to do so by the court, and
(iii) | ||||||
8 | the responsible relative is not present at the hearing
to | ||||||
9 | determine support despite having received proper
notice, then | ||||||
10 | any relevant financial information concerning the
responsible | ||||||
11 | relative's ability to provide child support that was
obtained | ||||||
12 | pursuant to subpoena and proper notice shall be
admitted into | ||||||
13 | evidence without the need to establish any further
foundation | ||||||
14 | for its admission. | ||||||
15 | An order entered
under this Section shall include a | ||||||
16 | provision requiring the obligor to report to the
obligee and to | ||||||
17 | the clerk of court within 10 days each time the
obligor obtains | ||||||
18 | new employment, and each time the obligor's employment
is | ||||||
19 | terminated for any reason. The report shall be in
writing and | ||||||
20 | shall, in the case of new employment, include the name
and | ||||||
21 | address of the new employer. Failure to report new
employment | ||||||
22 | or the termination of current employment, if coupled
with | ||||||
23 | nonpayment of support for a period in excess of 60
days, is | ||||||
24 | indirect criminal contempt. For any obligor arrested
for | ||||||
25 | failure to report new employment bond shall be set in
the | ||||||
26 | amount of the child support that should have been paid
during | ||||||
27 | the period of unreported employment. An order entered
under | ||||||
28 | this Section shall also include a provision requiring
the | ||||||
29 | obligor and obligee parents to advise each other of a
change in | ||||||
30 | residence within 5 days of the change except when the
court | ||||||
31 | finds that the physical, mental, or emotional health
of a party | ||||||
32 | or that of a minor child, or both, would be seriously
| ||||||
33 | endangered by disclosure of the party's
address. | ||||||
34 | The Court shall
determine the amount of maintenance using | ||||||
35 | the standards set forth in Section 504 of the Illinois
Marriage | ||||||
36 | and Dissolution of Marriage Act.
|
| |||||||
| |||||||
1 | Any new or
existing support order entered by the court | ||||||
2 | under this Section shall be deemed to be a series of
judgments | ||||||
3 | against the person obligated to pay support
thereunder, each | ||||||
4 | such judgment to be in the amount of each payment or
| ||||||
5 | installment of support and each such judgment to be
deemed | ||||||
6 | entered as of the date the corresponding payment or
installment | ||||||
7 | becomes due under the terms of the support order. Each
such | ||||||
8 | judgment shall have the full force, effect and
attributes of | ||||||
9 | any other judgment of this State, including the
ability to be | ||||||
10 | enforced. Any such judgment is subject to modification
or | ||||||
11 | termination only in accordance with Section 510 of the
Illinois | ||||||
12 | Marriage and Dissolution of Marriage Act. A lien
arises by | ||||||
13 | operation of law against the real and personal
property of the | ||||||
14 | noncustodial parent for each installment of overdue
support | ||||||
15 | owed by the noncustodial parent.
| ||||||
16 | When an order is
entered for the support of a minor, the | ||||||
17 | court may provide therein for reasonable visitation of
the | ||||||
18 | minor by the person or persons who provided support
pursuant to | ||||||
19 | the order. Whoever willfully refuses to comply with
such | ||||||
20 | visitation order or willfully interferes with its
enforcement | ||||||
21 | may be declared in contempt of court and punished
therefor. | ||||||
22 | Except where the
local governmental unit has entered into | ||||||
23 | an agreement with the Illinois Department for the
Child and | ||||||
24 | Spouse Support Unit to act for it, as provided in
Section | ||||||
25 | 10-3.1, support orders entered by the court in cases
involving | ||||||
26 | applicants or recipients under Article VI shall
provide that | ||||||
27 | payments thereunder be made directly to the local
governmental | ||||||
28 | unit. Orders for the support of all other applicants
or | ||||||
29 | recipients shall provide that payments thereunder be
made | ||||||
30 | directly to the Illinois Department. In accordance
with federal | ||||||
31 | law and regulations, the Illinois Department may
continue to | ||||||
32 | collect current maintenance payments or child support
| ||||||
33 | payments, or both, after those persons cease to
receive public | ||||||
34 | assistance and until termination of services under
Article X. | ||||||
35 | The Illinois Department shall pay the net amount
collected to | ||||||
36 | those persons after deducting any costs incurred in
making the |
| |||||||
| |||||||
1 | collection or any collection fee from the amount of
any | ||||||
2 | recovery made. In both cases the order shall permit
the local | ||||||
3 | governmental unit or the Illinois Department, as the
case may | ||||||
4 | be, to direct the responsible relative or relatives to
make | ||||||
5 | support payments directly to the needy person, or to
some | ||||||
6 | person or agency in his behalf, upon removal of the
person from | ||||||
7 | the public aid rolls or upon termination of services
under | ||||||
8 | Article X. | ||||||
9 | If the notice of
support due issued pursuant to Section | ||||||
10 | 10-7 directs that support payments be made directly to
the | ||||||
11 | needy person, or to some person or agency in his
behalf, and | ||||||
12 | the recipient is removed from the public aid rolls,
court | ||||||
13 | action may be taken against the responsible relative
hereunder | ||||||
14 | if he fails to furnish support in accordance with the
terms of | ||||||
15 | such notice. | ||||||
16 | Actions may also
be brought under this Section in behalf of | ||||||
17 | any person who is in need of support from responsible
| ||||||
18 | relatives, as defined in Section 2-11 of Article II
who is not | ||||||
19 | an applicant for or recipient of financial aid under
this Code. | ||||||
20 | In such instances, the State's Attorney of the county
in which | ||||||
21 | such person resides shall bring action against the
responsible | ||||||
22 | relatives hereunder. If the Illinois Department, as
authorized | ||||||
23 | by Section 10-1, extends the child support enforcement
services | ||||||
24 | provided by this Article to spouses and dependent
children who | ||||||
25 | are not applicants or recipients under this Code, the
Child and | ||||||
26 | Spouse Support Unit established by Section 10-3.1
shall bring | ||||||
27 | action against the responsible relatives hereunder and
any | ||||||
28 | support orders entered by the court in such cases
shall provide | ||||||
29 | that payments thereunder be made directly to the
Illinois | ||||||
30 | Department. | ||||||
31 | Whenever it is
determined in a proceeding to establish or | ||||||
32 | enforce a child support or maintenance obligation that
the | ||||||
33 | person owing a duty of support is unemployed, the
court may | ||||||
34 | order the person to seek employment and report
periodically to | ||||||
35 | the court with a diary, listing or other memorandum of
his or | ||||||
36 | her efforts in accordance with such order.
Additionally, the |
| |||||||
| |||||||
1 | court may order the unemployed person to report to the
| ||||||
2 | Department of Employment Security for job search
services or to | ||||||
3 | make application with the local Job Training
Partnership Act | ||||||
4 | provider for participation in job search, training or
work | ||||||
5 | programs and where the duty of support is owed to a
child | ||||||
6 | receiving child support enforcement services under
this | ||||||
7 | Article X, the court may order the unemployed person
to report | ||||||
8 | to the Illinois Department for participation in job
search, | ||||||
9 | training or work programs established under Section
9-6 and | ||||||
10 | Article IXA of this Code. | ||||||
11 | Whenever it is
determined that a person owes past-due | ||||||
12 | support for a child receiving assistance under this
Code, the | ||||||
13 | court shall order at the request of the Illinois
Department:
| ||||||
14 | (1)
that the person pay the past-due support in | ||||||
15 | accordance with a plan
approved by the court; or
| ||||||
16 | (2)
if the person owing past-due support is unemployed, | ||||||
17 | is subject to such a plan, and
is not incapacitated, that | ||||||
18 | the person participate in such
job search, training, or | ||||||
19 | work programs established
under Section 9-6 and Article IXA | ||||||
20 | of this Code as the court
deems appropriate. | ||||||
21 | A determination
under this Section shall not be | ||||||
22 | administratively reviewable by the procedures
specified in | ||||||
23 | Sections 10-12, and 10-13 to 10-13.10. Any
determination under | ||||||
24 | these Sections, if made the basis of court action
under this | ||||||
25 | Section, shall not affect the de novo judicial
determination | ||||||
26 | required under this Section.
| ||||||
27 | A one-time charge
of 20% is imposable upon the amount of | ||||||
28 | past-due child support owed on July 1, 1988 which has
accrued | ||||||
29 | under a support order entered by the court. The charge
shall be | ||||||
30 | imposed in accordance with the provisions of Section
10-21 of | ||||||
31 | this Code and shall be enforced by the court upon
petition. | ||||||
32 | All orders for
support, when entered or modified, shall | ||||||
33 | include a provision requiring the non-custodial parent
to | ||||||
34 | notify the court and, in cases in which a party is
receiving | ||||||
35 | child support enforcement services under this Article
X, the | ||||||
36 | Illinois Department, within 7 days, (i) of the name,
address, |
| |||||||
| |||||||
1 | and telephone number of any new employer of the
non-custodial | ||||||
2 | parent, (ii) whether the non-custodial parent has
access to | ||||||
3 | health insurance coverage through the employer or
other group | ||||||
4 | coverage and, if so, the policy name and number and
the names | ||||||
5 | of persons covered under the policy, and (iii) of any
new | ||||||
6 | residential or mailing address or telephone number of
the | ||||||
7 | non-custodial parent. In any subsequent action to
enforce a | ||||||
8 | support order, upon a sufficient showing that a
diligent effort | ||||||
9 | has been made to ascertain the location of the
non-custodial | ||||||
10 | parent, service of process or provision of notice
necessary in | ||||||
11 | the case may be made at the last known address of the
| ||||||
12 | non-custodial parent in any manner expressly provided
by the | ||||||
13 | Code of Civil Procedure or this Code, which service
shall be | ||||||
14 | sufficient for purposes of due process.
| ||||||
15 | An order for
support shall include a date on which the | ||||||
16 | current support obligation terminates. The termination
date | ||||||
17 | shall be no earlier than the date on which the child
covered by | ||||||
18 | the order will attain the age of 18. However, if the
child will | ||||||
19 | not graduate from high school until after attaining
the age of | ||||||
20 | 18, then the termination date shall be no earlier than
the | ||||||
21 | earlier of the date on which the child's high school
graduation | ||||||
22 | will occur or the date on which the child will attain
the age | ||||||
23 | of 19. The order for support shall state that the
termination | ||||||
24 | date does not apply to any arrearage that may remain
unpaid on | ||||||
25 | that date. Nothing in this paragraph shall be
construed to | ||||||
26 | prevent the court from modifying the order or
terminating the | ||||||
27 | order in the event the child is otherwise
emancipated. | ||||||
28 | Upon notification
in writing or by electronic transmission | ||||||
29 | from the Illinois Department to the clerk of the court
that a | ||||||
30 | person who is receiving support payments under this
Section is | ||||||
31 | receiving services under the Child Support Enforcement
Program | ||||||
32 | established by Title IV-D of the Social Security Act,
any | ||||||
33 | support payments subsequently received by the clerk of
the | ||||||
34 | court shall be transmitted in accordance with the
instructions | ||||||
35 | of the Illinois Department until the Illinois
Department gives | ||||||
36 | notice to the clerk of the court to cease the
transmittal. |
| |||||||
| |||||||
1 | After providing the notification authorized under this
| ||||||
2 | paragraph, the Illinois Department shall be entitled
as a party | ||||||
3 | to notice of any further proceedings in the case. The
clerk of | ||||||
4 | the court shall file a copy of the Illinois
Department's | ||||||
5 | notification in the court file. The clerk's failure to
file a | ||||||
6 | copy of the notification in the court file shall not,
however, | ||||||
7 | affect the Illinois Department's right to receive
notice of | ||||||
8 | further proceedings. | ||||||
9 | Payments under
this Section to the Illinois Department | ||||||
10 | pursuant to the Child Support Enforcement Program
established | ||||||
11 | by Title IV-D of the Social Security Act shall be paid
into the | ||||||
12 | Child Support Enforcement Trust Fund. All payments
under this | ||||||
13 | Section to the Illinois Department of Human Services
shall be | ||||||
14 | deposited in the DHS Recoveries Trust Fund.
Disbursements from | ||||||
15 | these funds shall be as provided in Sections 12-9.1
and 12-10.2 | ||||||
16 | of this Code. Payments received by a local
governmental unit | ||||||
17 | shall be deposited in that unit's General Assistance
Fund. | ||||||
18 | To the extent the
provisions of this Section are | ||||||
19 | inconsistent with the requirements pertaining to the
State | ||||||
20 | Disbursement Unit under Sections 10-10.4 and 10-26 of
this | ||||||
21 | Code, the requirements pertaining to the State
Disbursement | ||||||
22 | Unit shall apply. | ||||||
23 | (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff.
7-1-02; 92-876, | ||||||
24 | eff. 6-1-03; revised 9-27-03.)
| ||||||
25 | (305 ILCS
5/10-11) (from Ch. 23, par.
10-11)
| ||||||
26 | Sec. 10-11.
Administrative Orders. In lieu of actions for
| ||||||
27 | court enforcement of support under Section 10-10, the
Child and | ||||||
28 | Spouse Support Unit of the Illinois Department, in
accordance | ||||||
29 | with the rules of the Illinois Department, may issue
an | ||||||
30 | administrative order requiring the responsible
relative to | ||||||
31 | comply with the terms of the determination and notice
of | ||||||
32 | support due, determined and issued under Sections 10-6
and | ||||||
33 | 10-7. The Unit may also enter an administrative order
under | ||||||
34 | subsection (b) of Section 10-7. The administrative
order shall | ||||||
35 | be served upon the responsible relative by United
States |
| |||||||
| |||||||
1 | registered or certified mail. In cases in which the
responsible | ||||||
2 | relative appeared at the office of the Child and
Spouse Support | ||||||
3 | Unit in response to the notice of support obligation
issued | ||||||
4 | under Section 10-4, however, or in cases of default in
which | ||||||
5 | the notice was served on the responsible relative by
certified | ||||||
6 | mail, return receipt requested, or by any method
provided by | ||||||
7 | law for service of summons, the administrative
determination of | ||||||
8 | paternity or administrative support order may be sent
to the | ||||||
9 | responsible relative by ordinary mail addressed to the
| ||||||
10 | responsible relative's last known
address. | ||||||
11 | If a responsible
relative or a person receiving child | ||||||
12 | support enforcement services under this Article fails
to | ||||||
13 | petition the Illinois Department for release from or
| ||||||
14 | modification of the administrative order, as provided
in | ||||||
15 | Section 10-12 or Section 10-12.1, the order shall
become final | ||||||
16 | and there shall be no further administrative or
judicial | ||||||
17 | remedy. Likewise a decision by the Illinois Department
as a | ||||||
18 | result of an administrative hearing, as provided in
Sections | ||||||
19 | 10-13 to 10-13.10, shall become final and enforceable
if not | ||||||
20 | judicially reviewed under the Administrative Review
Law, as | ||||||
21 | provided in Section 10-14. | ||||||
22 | Any new or
existing support order entered by the Illinois | ||||||
23 | Department under this Section shall be deemed to be a
series of | ||||||
24 | judgments against the person obligated to pay support
| ||||||
25 | thereunder, each such judgment to be in the amount of
each | ||||||
26 | payment or installment of support and each such
judgment to be | ||||||
27 | deemed entered as of the date the corresponding
payment or | ||||||
28 | installment becomes due under the terms of the support
order. | ||||||
29 | Each such judgment shall have the full force, effect
and | ||||||
30 | attributes of any other judgment of this State,
including the | ||||||
31 | ability to be enforced. Any such judgment is subject
to | ||||||
32 | modification or termination only in accordance with
Section 510 | ||||||
33 | of the Illinois Marriage and Dissolution of Marriage
Act. A | ||||||
34 | lien arises by operation of law against the real and
personal | ||||||
35 | property of the noncustodial parent for each
installment of | ||||||
36 | overdue support owed by the noncustodial
parent. |
| |||||||
| |||||||
1 | An order entered
under this Section shall include a | ||||||
2 | provision requiring the obligor to report to the
obligee and to | ||||||
3 | the clerk of court within 10 days each time the
obligor obtains | ||||||
4 | new employment, and each time the obligor's employment
is | ||||||
5 | terminated for any reason. The report shall be in
writing and | ||||||
6 | shall, in the case of new employment, include the name
and | ||||||
7 | address of the new employer. Failure to report new
employment | ||||||
8 | or the termination of current employment, if coupled
with | ||||||
9 | nonpayment of support for a period in excess of 60
days, is | ||||||
10 | indirect criminal contempt. For any obligor arrested
for | ||||||
11 | failure to report new employment bond shall be set in
the | ||||||
12 | amount of the child support that should have been paid
during | ||||||
13 | the period of unreported employment. An order entered
under | ||||||
14 | this Section shall also include a provision requiring
the | ||||||
15 | obligor and obligee parents to advise each other of a
change in | ||||||
16 | residence within 5 days of the change except when the
court | ||||||
17 | finds that the physical, mental, or emotional health
of a party | ||||||
18 | or that of a minor child, or both, would be seriously
| ||||||
19 | endangered by disclosure of the party's
address. | ||||||
20 | A one-time charge
of 20% is imposable upon the amount of | ||||||
21 | past-due child support owed on July 1, 1988, which has
accrued | ||||||
22 | under a support order entered by the Illinois
Department under | ||||||
23 | this Section. The charge shall be imposed in
accordance with | ||||||
24 | the provisions of Section 10-21 and shall be enforced
by the | ||||||
25 | court in a suit filed under Section
10-15. | ||||||
26 | An order for
support shall include a date on which the | ||||||
27 | support obligation terminates. The termination date
shall be no | ||||||
28 | earlier than the date on which the child covered by
the order | ||||||
29 | will attain the age of 18. However, if the child will
not | ||||||
30 | graduate from high school until after attaining the
age of 18, | ||||||
31 | then the termination date shall be no earlier than the
earlier | ||||||
32 | of the date that the child's graduation will occur or
the date | ||||||
33 | on which the child will attain the age of 19. The
order for | ||||||
34 | support shall state that the termination date does not
apply to | ||||||
35 | any arrearage that may remain unpaid on that date.
Nothing in | ||||||
36 | this paragraph shall be construed to prevent the
Illinois |
| |||||||
| |||||||
1 | Department from modifying the order or terminating the
order in | ||||||
2 | the event the child is otherwise
emancipated. | ||||||
3 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff.
6-1-03; revised | ||||||
4 | 9-27-03.)
| ||||||
5 | (305 ILCS
5/11-3) (from Ch. 23, par.
11-3)
| ||||||
6 | Sec. 11-3.
Assignment and attachment of aid prohibited. | ||||||
7 | Except as provided below in this Section and in
Section 11-3.3, | ||||||
8 | all financial aid given under Articles III, IV, V, and
VI and | ||||||
9 | money payments for child care services provided by a
child care | ||||||
10 | provider under Articles IX and IXA shall not be
subject to | ||||||
11 | assignment, sale, attachment, garnishment, or
otherwise. | ||||||
12 | Provided, however, that a medical vendor may use his
right to | ||||||
13 | receive vendor payments as collateral for loans from
financial | ||||||
14 | institutions so long as such arrangements do not
constitute any | ||||||
15 | activity prohibited under Section 1902(a)(32) of the
Social | ||||||
16 | Security Act and regulations promulgated thereunder,
or any | ||||||
17 | other applicable laws or regulations. Provided
further, | ||||||
18 | however, that a medical or other vendor or a service
provider | ||||||
19 | may assign, reassign, sell, pledge or grant a security
interest | ||||||
20 | in any such financial aid, vendor payments or money
payments or | ||||||
21 | grants which he has a right to receive
to the Illinois Finance | ||||||
22 | Authority, in connection with any financing
program undertaken | ||||||
23 | by the Illinois Finance Authority,
or to the Illinois Finance | ||||||
24 | Authority, in connection with any financing program
undertaken | ||||||
25 | by the Illinois Finance Authority. Each Authority may
utilize a | ||||||
26 | trustee or agent to accept, accomplish, effectuate or
realize | ||||||
27 | upon any such assignment, reassignment, sale, pledge
or grant | ||||||
28 | on that Authority's behalf. Provided further, however,
that | ||||||
29 | nothing herein shall prevent the Illinois Department
from | ||||||
30 | collecting any assessment, fee, interest or penalty
due under | ||||||
31 | Article V-A, V-B, V-C, or V-E by withholding financial
aid as | ||||||
32 | payment of such assessment, fee, interest, or penalty.
Any | ||||||
33 | alienation in contravention of this statute does not
diminish | ||||||
34 | and does not affect the validity, legality or
enforceability of | ||||||
35 | any underlying obligations for which such alienation
may have |
| |||||||
| |||||||
1 | been made as collateral between the parties to the
alienation. | ||||||
2 | This amendatory Act shall be retroactive in
application and | ||||||
3 | shall pertain to obligations existing prior to its
enactment. | ||||||
4 | (Source: P.A. 92-111, eff. 1-1-02; 93-205 (Sections
890-25 and | ||||||
5 | 890-40), eff. 1-1-04; revised 9-23-03.)
| ||||||
6 | (305 ILCS
5/11-3.3) (from Ch. 23, par.
11-3.3)
| ||||||
7 | Sec. 11-3.3.
Payment to provider or governmental agency or | ||||||
8 | entity. Payments under this Code shall be
made to the | ||||||
9 | provider, except that the Department may issue or may
agree to | ||||||
10 | issue the payment directly to the
Illinois Finance Authority, | ||||||
11 | the Illinois Finance
Authority , or any other
governmental | ||||||
12 | agency or entity, including any bond trustee for that
agency or | ||||||
13 | entity, to whom the provider has assigned, reassigned,
sold, | ||||||
14 | pledged or granted a security interest in the payments
that the | ||||||
15 | provider has a right to receive, provided that the
issuance or | ||||||
16 | agreement to issue is not prohibited under Section
1902(a)(32) | ||||||
17 | of the Social Security Act. | ||||||
18 | (Source: P.A. 93-205 (Sections 890-25 and 890-40),
eff. 1-1-04; | ||||||
19 | revised 9-23-03.)
| ||||||
20 | (305 ILCS
5/12-13.05)
| ||||||
21 | Sec. 12-13.05.
Rules for Temporary Assistance for Needy | ||||||
22 | Families. All rules regulating the
Temporary Assistance for | ||||||
23 | Needy Families program and all other rules regulating
the | ||||||
24 | amendatory changes to this Code made by this
amendatory Act of | ||||||
25 | 1997 shall be promulgated pursuant to this Section.
All rules | ||||||
26 | regulating the Temporary Assistance for Needy Families
program | ||||||
27 | and all other rules regulating the amendatory changes
to this | ||||||
28 | Code made by this amendatory Act of 1997 are repealed
on July | ||||||
29 | 1 , 2006. On and after
July 1, 2006, the Illinois Department may | ||||||
30 | not promulgate any rules regulating the Temporary
Assistance | ||||||
31 | for Needy Families program or regulating the
amendatory changes | ||||||
32 | to this Code made by this amendatory Act of
1997. | ||||||
33 | (Source: P.A. 91-5, eff. 5-27-99; 92-111, eff. 1-1-02;
92-597, | ||||||
34 | eff. 6-28-02; revised 11-06-02.)
|
| |||||||
| |||||||
1 | Section 395.
The Elder Abuse and Neglect Act is amended by | ||||||
2 | changing Sections 2 and 7 as
follows:
| ||||||
3 | (320 ILCS
20/2) (from Ch. 23, par.
6602)
| ||||||
4 | Sec. 2.
Definitions. As used in this Act, unless the
| ||||||
5 | context requires otherwise: | ||||||
6 | (a) "Abuse" means
causing any physical, mental or sexual | ||||||
7 | injury to an eligible adult, including exploitation of
such | ||||||
8 | adult's financial resources.
| ||||||
9 | Nothing in this
Act shall be construed to mean that an | ||||||
10 | eligible adult is a victim of abuse or neglect for the
sole | ||||||
11 | reason that he or she is being furnished with or
relies upon | ||||||
12 | treatment by spiritual means through prayer alone, in
| ||||||
13 | accordance with the tenets and practices of a
recognized church | ||||||
14 | or religious denomination. | ||||||
15 | Nothing in this
Act shall be construed to mean that an | ||||||
16 | eligible adult is a victim of abuse because of health
care | ||||||
17 | services provided or not provided by licensed health
care | ||||||
18 | professionals. | ||||||
19 | (a-5) "Abuser"
means a person who abuses, neglects, or | ||||||
20 | financially exploits an eligible adult.
| ||||||
21 | (a-7) "Caregiver"
means a person who either as a result of | ||||||
22 | a family relationship, voluntarily, or in exchange for
| ||||||
23 | compensation has assumed responsibility for all or a
portion of | ||||||
24 | the care of an eligible adult who needs assistance
with | ||||||
25 | activities of daily living. | ||||||
26 | (b) "Department"
means the Department on Aging of the State | ||||||
27 | of Illinois. | ||||||
28 | (c) "Director"
means the Director of the Department. | ||||||
29 | (d) "Domestic
living situation" means a residence where the | ||||||
30 | eligible adult lives alone or with his or her family
or a | ||||||
31 | caregiver, or others, or a board and care home or
other | ||||||
32 | community-based unlicensed facility, but is
not:
| ||||||
33 | (1)
A licensed facility as defined in Section 1-113 of | ||||||
34 | the Nursing Home Care
Act;
|
| |||||||
| |||||||
1 | (2)
A "life care facility" as defined in the Life Care | ||||||
2 | Facilities Act;
| ||||||
3 | (3)
A home, institution, or other place operated by the | ||||||
4 | federal government or agency
thereof or by the State of | ||||||
5 | Illinois;
| ||||||
6 | (4)
A hospital, sanitarium, or other institution, the | ||||||
7 | principal activity or business
of which is the diagnosis, | ||||||
8 | care, and treatment of human
illness through the | ||||||
9 | maintenance and operation of
organized facilities | ||||||
10 | therefor, which is required to
be licensed under the | ||||||
11 | Hospital Licensing
Act;
| ||||||
12 | (5)
A "community living facility" as defined in the | ||||||
13 | Community Living Facilities
Licensing Act;
| ||||||
14 | (6)
A "community residential alternative" as defined | ||||||
15 | in the Community Residential
Alternatives Licensing Act; | ||||||
16 | and
| ||||||
17 | (7)
A "community-integrated living arrangement" as | ||||||
18 | defined in the
Community-Integrated Living Arrangements | ||||||
19 | Licensure and Certification
Act. | ||||||
20 | (e) "Eligible
adult" means a person 60 years of age or | ||||||
21 | older who resides in a domestic living situation and
is, or is | ||||||
22 | alleged to be, abused, neglected, or financially
exploited by | ||||||
23 | another individual. | ||||||
24 | (f) "Emergency"
means a situation in which an eligible | ||||||
25 | adult is living in conditions presenting a risk of
death or | ||||||
26 | physical, mental or sexual injury and the provider
agency has | ||||||
27 | reason to believe the eligible adult is unable to
consent to | ||||||
28 | services which would alleviate that risk.
| ||||||
29 | (f-5) "Mandated
reporter" means any of the following | ||||||
30 | persons while engaged in carrying out their
professional | ||||||
31 | duties:
| ||||||
32 | (1)
a professional or professional's delegate while | ||||||
33 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
34 | (iii) education, (iv) the care
of an eligible adult or | ||||||
35 | eligible adults, or (v) any of
the occupations required to | ||||||
36 | be licensed under the Clinical
Psychologist Licensing Act, |
| |||||||
| |||||||
1 | the Clinical Social Work and
Social Work Practice Act, the | ||||||
2 | Illinois Dental Practice Act,
the Dietetic and Nutrition | ||||||
3 | Services Practice Act, the
Marriage and Family Therapy | ||||||
4 | Licensing Act, the Medical
Practice Act of 1987, the | ||||||
5 | Naprapathic Practice Act, the
Nursing and Advanced | ||||||
6 | Practice Nursing Act, the
Nursing Home Administrators | ||||||
7 | Licensing and Disciplinary
Act, the Illinois Occupational | ||||||
8 | Therapy Practice Act, the
Illinois Optometric Practice Act | ||||||
9 | of 1987, the Pharmacy Practice
Act of 1987, the Illinois | ||||||
10 | Physical Therapy Act, the
Physician Assistant Practice Act | ||||||
11 | of 1987, the Podiatric Medical
Practice Act of 1987, the | ||||||
12 | Respiratory Care Practice Act,
the Professional Counselor | ||||||
13 | and Clinical Professional
Counselor Licensing Act, the | ||||||
14 | Illinois Speech-Language
Pathology and Audiology Practice | ||||||
15 | Act, the Veterinary Medicine
and Surgery Practice Act of | ||||||
16 | 2004, and the Illinois Public
Accounting Act;
| ||||||
17 | (2)
an employee of a vocational rehabilitation | ||||||
18 | facility prescribed or
supervised by the Department of | ||||||
19 | Human Services;
| ||||||
20 | (3)
an administrator, employee, or person providing | ||||||
21 | services in or through an
unlicensed community based | ||||||
22 | facility;
| ||||||
23 | (4)
a Christian Science Practitioner;
| ||||||
24 | (5)
field personnel of the Department of Public Aid, | ||||||
25 | Department of Public Health,
and Department of Human | ||||||
26 | Services, and any county or
municipal health department;
| ||||||
27 | (6)
personnel of the Department of Human Services, the | ||||||
28 | Guardianship and Advocacy
Commission, the State Fire | ||||||
29 | Marshal, local fire
departments, the Department on Aging | ||||||
30 | and its subsidiary Area
Agencies on Aging and provider | ||||||
31 | agencies, and the Office of
State Long Term Care Ombudsman;
| ||||||
32 | (7)
any employee of the State of Illinois not otherwise | ||||||
33 | specified herein who is
involved in providing services to | ||||||
34 | eligible adults, including
professionals providing medical | ||||||
35 | or rehabilitation services and
all other persons having | ||||||
36 | direct contact with eligible
adults;
|
| |||||||
| |||||||
1 | (8)
a person who performs the duties of a coroner or | ||||||
2 | medical examiner;
or
| ||||||
3 | (9)
a person who performs the duties of a paramedic or | ||||||
4 | an emergency medical
technician. | ||||||
5 | (g)
"Neglect" means another individual's failure to | ||||||
6 | provide an eligible adult with or willful withholding
from an | ||||||
7 | eligible adult the necessities of life including, but
not | ||||||
8 | limited to, food, clothing, shelter or medical care.
This | ||||||
9 | subsection does not create any new affirmative duty to
provide | ||||||
10 | support to eligible adults. Nothing in this Act shall
be | ||||||
11 | construed to mean that an eligible adult is a victim
of neglect | ||||||
12 | because of health care services provided or not
provided by | ||||||
13 | licensed health care professionals.
| ||||||
14 | (h) "Provider
agency" means any public or nonprofit agency | ||||||
15 | in a planning and service area appointed by the
regional | ||||||
16 | administrative agency with prior approval by the
Department on | ||||||
17 | Aging to receive and assess reports of alleged or
suspected | ||||||
18 | abuse, neglect, or financial
exploitation. | ||||||
19 | (i) "Regional
administrative agency" means any public or | ||||||
20 | nonprofit agency in a planning and service area so
designated | ||||||
21 | by the Department, provided that the designated Area
Agency on | ||||||
22 | Aging shall be designated the regional administrative
agency if | ||||||
23 | it so requests. The Department shall assume the
functions of | ||||||
24 | the regional administrative agency for any planning
and service | ||||||
25 | area where another agency is not so
designated. | ||||||
26 | (j)
"Substantiated case" means a reported case of alleged | ||||||
27 | or suspected abuse, neglect, or financial exploitation
in which | ||||||
28 | a provider agency, after assessment, determines that
there is | ||||||
29 | reason to believe abuse, neglect, or financial
exploitation has | ||||||
30 | occurred. | ||||||
31 | (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff.
12-31-03; | ||||||
32 | 93-300, eff. 1-1-04; revised 9-22-03.)
| ||||||
33 | (320 ILCS
20/7) (from Ch. 23, par.
6607)
| ||||||
34 | Sec. 7.
Review. All services provided to an eligible
adult | ||||||
35 | shall be reviewed by the provider agency on at least a
|
| |||||||
| |||||||
1 | quarterly basis for up to one year to determine
whether the | ||||||
2 | service care plan should be continued or modified,
except that, | ||||||
3 | upon review, the Department on
Aging , upon review, may grant a
| ||||||
4 | waiver to extend the service care plan for up to one
an | ||||||
5 | additional
one year
period .
| ||||||
6 | (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff.
1-1-04; revised | ||||||
7 | 9-22-03.) | ||||||
8 | Section 400.
The Senior Citizens and Disabled Persons | ||||||
9 | Prescription Drug Discount Program Act is amended by
| ||||||
10 | renumbering Section 990 as
follows:
| ||||||
11 | (320 ILCS
55/90) (was 320 ILCS
55/990)
| ||||||
12 | Sec.
90
990 . (Amendatory
provisions; text omitted). | ||||||
13 | (Source: P.A. 93-18, eff. 7-1-03; text omitted;
revised | ||||||
14 | 9-28-03.) | ||||||
15 | Section 405.
The Abused and Neglected Child Reporting Act | ||||||
16 | is amended by changing Section 4 as
follows:
| ||||||
17 | (325 ILCS
5/4) (from Ch. 23, par.
2054)
| ||||||
18 | Sec. 4.
Persons required to report; privileged | ||||||
19 | communications; transmitting false report. Any
physician, | ||||||
20 | resident, intern, hospital, hospital administrator and
| ||||||
21 | personnel engaged in examination, care and treatment
of | ||||||
22 | persons, surgeon, dentist, dentist hygienist,
osteopath, | ||||||
23 | chiropractor, podiatrist, physician assistant,
substance abuse | ||||||
24 | treatment personnel, funeral home director or
employee, | ||||||
25 | coroner, medical examiner, emergency medical
technician, | ||||||
26 | acupuncturist, crisis line or hotline personnel,
school | ||||||
27 | personnel, educational advocate assigned to a child
pursuant to | ||||||
28 | the School Code, truant officers, social worker,
social | ||||||
29 | services administrator, domestic violence program
personnel, | ||||||
30 | registered nurse, licensed practical nurse,
respiratory care | ||||||
31 | practitioner, advanced practice nurse, home health
aide, | ||||||
32 | director or staff assistant of a nursery school or a
child day |
| |||||||
| |||||||
1 | care center, recreational program or facility
personnel, law | ||||||
2 | enforcement officer, licensed professional counselor,
licensed | ||||||
3 | clinical professional counselor, registered
psychologist and | ||||||
4 | assistants working under the direct supervision of a
| ||||||
5 | psychologist, psychiatrist, or field personnel of the
Illinois | ||||||
6 | Department of Public Aid, Public Health, Human
Services (acting | ||||||
7 | as successor to the Department of Mental Health and
| ||||||
8 | Developmental Disabilities, Rehabilitation Services,
or Public | ||||||
9 | Aid), Corrections, Human Rights, or Children and
Family | ||||||
10 | Services, supervisor and administrator of general
assistance | ||||||
11 | under the Illinois Public Aid Code, probation officer,
or any | ||||||
12 | other foster parent, homemaker or child care worker
having | ||||||
13 | reasonable cause to believe a child known to them in
their | ||||||
14 | professional or official capacity may be an abused
child or a | ||||||
15 | neglected child shall immediately report or cause a
report to | ||||||
16 | be made to the Department. | ||||||
17 | Any member of the
clergy having reasonable cause to believe | ||||||
18 | that a child known to that member of the clergy in his
or her | ||||||
19 | professional capacity may be an abused child as
defined in item | ||||||
20 | (c) of the definition of "abused child" in Section 3
of this | ||||||
21 | Act shall immediately report or cause a report to be
made to | ||||||
22 | the Department. | ||||||
23 | Whenever such
person is required to report under this Act | ||||||
24 | in his capacity as a member of the staff of a medical
or other | ||||||
25 | public or private institution, school, facility or
agency, or | ||||||
26 | as a member of the clergy, he shall make report
immediately to | ||||||
27 | the Department in accordance with the provisions of
this Act | ||||||
28 | and may also notify the person in charge of such
institution, | ||||||
29 | school, facility or agency, or church, synagogue,
temple, | ||||||
30 | mosque, or other religious institution, or his
designated agent | ||||||
31 | that such report has been made. Under no circumstances
shall | ||||||
32 | any person in charge of such institution, school,
facility or | ||||||
33 | agency, or church, synagogue, temple, mosque, or other
| ||||||
34 | religious institution, or his designated agent to whom
such | ||||||
35 | notification has been made, exercise any control,
restraint, | ||||||
36 | modification or other change in the report or the
forwarding of |
| |||||||
| |||||||
1 | such report to the Department.
| ||||||
2 | The privileged
quality of communication between any | ||||||
3 | professional person required to report and his patient
or | ||||||
4 | client shall not apply to situations involving abused
or | ||||||
5 | neglected children and shall not constitute grounds
for failure | ||||||
6 | to report as required by this Act.
| ||||||
7 | A member of the
clergy may claim the privilege under | ||||||
8 | Section 8-803 of the Code of Civil
Procedure. | ||||||
9 | In addition to
the above persons required to report | ||||||
10 | suspected cases of abused or neglected children, any
other | ||||||
11 | person may make a report if such person has reasonable
cause to | ||||||
12 | believe a child may be an abused child or a neglected
child. | ||||||
13 | Any person who
enters into employment on and after July 1, | ||||||
14 | 1986 and is mandated by virtue of that employment to
report | ||||||
15 | under this Act, shall sign a statement on a form
prescribed by | ||||||
16 | the Department, to the effect that the employee has
knowledge | ||||||
17 | and understanding of the reporting requirements of
this Act. | ||||||
18 | The statement shall be signed prior to commencement of
the | ||||||
19 | employment. The signed statement shall be retained by
the | ||||||
20 | employer. The cost of printing, distribution, and
filing of the | ||||||
21 | statement shall be borne by the employer.
| ||||||
22 | The Department
shall provide copies of this Act, upon | ||||||
23 | request, to all employers employing persons who shall
be | ||||||
24 | required under the provisions of this Section to
report under | ||||||
25 | this Act. | ||||||
26 | Any person who
knowingly transmits a false report to the | ||||||
27 | Department commits the offense of disorderly conduct
under | ||||||
28 | subsection (a)(7) of Section 26-1 of the "Criminal
Code of | ||||||
29 | 1961". Any person who violates this provision a second
or | ||||||
30 | subsequent time shall be guilty of a Class 3
felony. | ||||||
31 | Any person who
knowingly and willfully violates any | ||||||
32 | provision of this Section other than a second or
subsequent | ||||||
33 | violation of transmitting a false report as described
in the | ||||||
34 | preceding paragraph, is guilty of a Class A
misdemeanor for a | ||||||
35 | first violation and a Class 4 felony for a second or
subsequent | ||||||
36 | violation; except that if the person acted as part of
a plan or |
| |||||||
| |||||||
1 | scheme having as its object the prevention of
discovery of an | ||||||
2 | abused or neglected child by lawful authorities for
the purpose | ||||||
3 | of protecting or insulating any person or entity from
arrest or | ||||||
4 | prosecution, the person is guilty of a Class 4 felony
for a | ||||||
5 | first offense and a Class 3 felony for a second or
subsequent | ||||||
6 | offense (regardless of whether the second or
subsequent offense | ||||||
7 | involves any of the same facts or persons as the first
or other | ||||||
8 | prior offense). | ||||||
9 | A child whose
parent, guardian or custodian in good faith | ||||||
10 | selects and depends upon spiritual means through
prayer alone | ||||||
11 | for the treatment or cure of disease or remedial care
may be | ||||||
12 | considered neglected or abused, but not for the sole
reason | ||||||
13 | that his parent, guardian or custodian accepts and
practices | ||||||
14 | such beliefs. | ||||||
15 | A child shall not
be considered neglected or abused solely | ||||||
16 | because the child is not attending school in
accordance with | ||||||
17 | the requirements of Article 26 of the School Code, as
amended. | ||||||
18 | (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff.
8-16-02; | ||||||
19 | 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431,
eff. | ||||||
20 | 8-5-03; revised 9-12-03.)
| ||||||
21 | Section 410.
The Lead Poisoning Prevention Act is amended | ||||||
22 | by changing Section 14 as
follows:
| ||||||
23 | (410 ILCS
45/14) (from Ch. 111 1/2, par.
1314)
| ||||||
24 | Sec. 14.
Departmental regulations and activities. The
| ||||||
25 | Department shall establish and publish regulations and
| ||||||
26 | guidelines governing permissible limits of lead in and
about | ||||||
27 | residential buildings and dwellings.
| ||||||
28 | The Department
shall also initiate activities that: | ||||||
29 | (a) Will either
provide for or support the monitoring and | ||||||
30 | validation of all medical laboratories
and ,
private and public | ||||||
31 | hospitals that perform lead determination tests on
human blood | ||||||
32 | or other tissues .
; | ||||||
33 | (b) Will, subject
to Section 7.2 of this Act, provide | ||||||
34 | laboratory testing of blood specimens for lead
content , to any
|
| |||||||
| |||||||
1 | physician, hospital, clinic, free clinic,
municipality , or | ||||||
2 | private organization
organizations that cannot
secure or | ||||||
3 | provide the services through other sources. The
Department | ||||||
4 | shall not assume responsibility for blood lead
analysis | ||||||
5 | required in programs currently in
operation .
; | ||||||
6 | (c) Will develop
or encourage the development of | ||||||
7 | appropriate programs and studies to identify sources
of lead | ||||||
8 | intoxication and assist other entities in the
identification of | ||||||
9 | lead in children's blood and the sources of that
intoxication .
; | ||||||
10 | (d) May provide
technical assistance and consultation to | ||||||
11 | local, county , or
regional governmental or private agencies for | ||||||
12 | the promotion and development of lead poisoning
prevention | ||||||
13 | programs. | ||||||
14 | (e) Will provide
recommendations by the Department on the | ||||||
15 | subject of identification and treatment
of
for lead
poisoning. | ||||||
16 | (f) Will maintain
a clearinghouse of information , and will
| ||||||
17 | develop additional educational
materials , on
(i) lead hazards | ||||||
18 | to children, (ii)
lead poisoning prevention, (iii) lead
| ||||||
19 | poisoning screening,
(iv) lead mitigation,
abatement , and | ||||||
20 | disposal, and (v)
on health hazards during
abatement. The | ||||||
21 | Department shall make this information available to
the general | ||||||
22 | public. | ||||||
23 | (Source: P.A. 87-175; 87-1144; revised
1-20-03.) | ||||||
24 | Section 415.
The AIDS Confidentiality Act is amended by | ||||||
25 | changing Section 3 as follows:
| ||||||
26 | (410 ILCS
305/3) (from Ch. 111 1/2, par.
7303)
| ||||||
27 | Sec. 3.
When used in this Act:
| ||||||
28 | (a) "Department"
means the Illinois Department of Public | ||||||
29 | Health. | ||||||
30 | (b) "AIDS" means
acquired immunodeficiency syndrome. | ||||||
31 | (c) "HIV" means
the Human Immunodeficiency Virus or any | ||||||
32 | other identified causative agent of AIDS.
| ||||||
33 | (d) "Written
informed consent" means an agreement in | ||||||
34 | writing executed by the subject of a test or the
subject's |
| |||||||
| |||||||
1 | legally authorized representative without undue
inducement or | ||||||
2 | any element of force, fraud, deceit, duress or other
form of | ||||||
3 | constraint or coercion, which entails at least the
following: | ||||||
4 | (1) a fair
explanation of the test, including its purpose, | ||||||
5 | potential uses, limitations and the meaning of its
results; and | ||||||
6 | (2) a fair
explanation of the procedures to be followed, | ||||||
7 | including the voluntary nature of the test, the right
to | ||||||
8 | withdraw consent to the testing process at any time,
the right | ||||||
9 | to anonymity to the extent provided by law with
respect to | ||||||
10 | participation in the test and disclosure of test
results, and | ||||||
11 | the right to confidential treatment of information
identifying | ||||||
12 | the subject of the test and the results of the test,
to the | ||||||
13 | extent provided by law. | ||||||
14 | (e) "Health
facility" means a hospital, nursing home, blood | ||||||
15 | bank, blood center, sperm bank, or other health care
| ||||||
16 | institution, including any "health facility" as that
term is | ||||||
17 | defined in the Illinois Finance Authority
Act. | ||||||
18 | (f) "Health care
provider" means any health care | ||||||
19 | professional, nurse, paramedic, psychologist or other
person | ||||||
20 | providing medical, nursing, psychological, or other
health | ||||||
21 | care services of any kind. | ||||||
22 | (f-5) "Health
care professional" means (i) a licensed | ||||||
23 | physician, (ii) a physician assistant to whom the
physician | ||||||
24 | assistant's supervising physician has delegated the
provision | ||||||
25 | of AIDS and HIV-related health services, (iii) an
advanced | ||||||
26 | practice registered nurse who has a written
collaborative | ||||||
27 | agreement with a collaborating physician which
authorizes the | ||||||
28 | provision of AIDS and HIV-related health services,
(iv) a | ||||||
29 | licensed dentist, (v) a licensed podiatrist, or (vi)
an | ||||||
30 | individual certified to provide HIV testing and
counseling by a | ||||||
31 | state or local public health department.
| ||||||
32 | (g) "Test" or
"HIV test" means a test to determine the | ||||||
33 | presence of the antibody or antigen to HIV, or of HIV
| ||||||
34 | infection. | ||||||
35 | (h) "Person"
includes any natural person, partnership, | ||||||
36 | association, joint venture, trust, governmental
entity, public |
| |||||||
| |||||||
1 | or private corporation, health facility or other legal
entity. | ||||||
2 | (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff.
8-8-03; revised | ||||||
3 | 9-12-03.) | ||||||
4 | Section 420.
The Environmental Protection Act is amended by | ||||||
5 | changing Sections 5, 42, 55.8, 57.2, 57.8, 57.10, and
58.7 as | ||||||
6 | follows:
| ||||||
7 | (415 ILCS
5/5) (from Ch. 111 1/2, par.
1005)
| ||||||
8 | Sec. 5.
Pollution Control Board.
| ||||||
9 | (a) There is
hereby created an independent board to be | ||||||
10 | known as the Pollution Control Board.
| ||||||
11 | Until July 1,
2003 or when all of the new members to be | ||||||
12 | initially appointed under this amendatory Act of the
93rd | ||||||
13 | General Assembly have been appointed by the Governor,
whichever | ||||||
14 | occurs later, the Board shall consist of 7 technically
| ||||||
15 | qualified members, no more than 4 of whom may be of
the same | ||||||
16 | political party, to be appointed by the Governor with
the | ||||||
17 | advice and consent of the Senate.
| ||||||
18 | The term of each
appointed member of the Board who is in | ||||||
19 | office on June 30, 2003 shall terminate at the close
of | ||||||
20 | business on that date or when all of the new members
to be | ||||||
21 | initially appointed under this amendatory Act of the
93rd | ||||||
22 | General Assembly have been appointed by the Governor,
whichever | ||||||
23 | occurs later. | ||||||
24 | Beginning on July
1, 2003 or when all of the new members to | ||||||
25 | be initially appointed under this amendatory Act of
the 93rd | ||||||
26 | General Assembly have been appointed by the Governor,
whichever | ||||||
27 | occurs later, the Board shall consist of 5 technically
| ||||||
28 | qualified members, no more than 3 of whom may be of
the same | ||||||
29 | political party, to be appointed by the Governor with
the | ||||||
30 | advice and consent of the Senate. Members shall have
verifiable | ||||||
31 | technical, academic, or actual experience in the field
of | ||||||
32 | pollution control or environmental law and
regulation. | ||||||
33 | Of the members
initially appointed pursuant to this | ||||||
34 | amendatory Act of the 93rd General Assembly, one shall
be |
| |||||||
| |||||||
1 | appointed for a term ending July 1, 2004, 2 shall be
appointed | ||||||
2 | for terms ending July 1, 2005, and 2 shall be
appointed for | ||||||
3 | terms ending July 1, 2006. Thereafter, all members
shall hold | ||||||
4 | office for 3 years from the first day of July in the
year in | ||||||
5 | which they were appointed, except in case of an
appointment to | ||||||
6 | fill a vacancy. In case of a vacancy in the office
when the | ||||||
7 | Senate is not in session, the Governor may make a
temporary | ||||||
8 | appointment until the next meeting of the Senate, when
he or | ||||||
9 | she shall nominate some person to fill such office;
and any | ||||||
10 | person so nominated, who is confirmed by the Senate,
shall hold | ||||||
11 | the office during the remainder of the
term. | ||||||
12 | Members of the
Board shall hold office until their | ||||||
13 | respective successors have been appointed and
qualified. Any | ||||||
14 | member may resign from office, such resignation to
take effect | ||||||
15 | when a successor has been appointed and has
qualified. | ||||||
16 | Board members
shall be paid $37,000 per year or an amount | ||||||
17 | set by the Compensation Review Board, whichever is
greater, and | ||||||
18 | the Chairman shall be paid $43,000 per year or an
amount set by | ||||||
19 | the Compensation Review Board, whichever is greater.
Each | ||||||
20 | member shall devote his or her entire time to the
duties of the | ||||||
21 | office, and shall hold no other office or position of
profit, | ||||||
22 | nor engage in any other business, employment, or
vocation. Each | ||||||
23 | member shall be reimbursed for expenses necessarily
incurred | ||||||
24 | and shall make a financial disclosure upon
appointment. | ||||||
25 | Each Board member
may employ one secretary and one | ||||||
26 | assistant, and the Chairman one secretary and 2
assistants. The | ||||||
27 | Board also may employ and compensate hearing officers
to | ||||||
28 | preside at hearings under this Act, and such other
personnel as | ||||||
29 | may be necessary. Hearing officers shall be attorneys
licensed | ||||||
30 | to practice law in Illinois.
| ||||||
31 | The Board may
have an Executive Director; if so, the | ||||||
32 | Executive Director shall be appointed by the Governor
with the | ||||||
33 | advice and consent of the Senate. The salary and
duties of the | ||||||
34 | Executive Director shall be fixed by the
Board. | ||||||
35 | The Governor
shall designate one Board member to be | ||||||
36 | Chairman, who shall serve at the pleasure of the
Governor. |
| |||||||
| |||||||
1 | The Board shall
hold at least one meeting each month and | ||||||
2 | such additional meetings as may be prescribed by Board
rules. | ||||||
3 | In addition, special meetings may be called by the
Chairman or | ||||||
4 | by any 2 Board members, upon delivery of 24 hours
written | ||||||
5 | notice to the office of each member. All Board
meetings shall | ||||||
6 | be open to the public, and public notice of all
meetings shall | ||||||
7 | be given at least 24 hours in advance of each meeting.
In | ||||||
8 | emergency situations in which a majority of the Board
certifies | ||||||
9 | that exigencies of time require the requirements of
public | ||||||
10 | notice and of 24 hour written notice to members may be
| ||||||
11 | dispensed with, and Board members shall receive such
notice as | ||||||
12 | is reasonable under the circumstances.
| ||||||
13 | If there is no
vacancy on the Board, 4 members of the Board | ||||||
14 | shall constitute a quorum to transact business;
otherwise, a | ||||||
15 | majority of the Board shall constitute a quorum to
transact | ||||||
16 | business, and no vacancy shall impair the right of the
| ||||||
17 | remaining members to exercise all of the powers of the
Board. | ||||||
18 | Every action approved by a majority of the members of
the Board | ||||||
19 | shall be deemed to be the action of the Board. The
Board shall | ||||||
20 | keep a complete and accurate record of all its
meetings. | ||||||
21 | (b) The Board
shall determine, define and implement the | ||||||
22 | environmental control standards applicable in the
State of | ||||||
23 | Illinois and may adopt rules and regulations in
accordance with | ||||||
24 | Title VII of this Act. | ||||||
25 | (c) The Board
shall have authority to act for the State in | ||||||
26 | regard to the adoption of standards for submission to
the | ||||||
27 | United States under any federal law respecting
environmental | ||||||
28 | protection. Such standards shall be adopted in
accordance with | ||||||
29 | Title VII of the Act and upon adoption shall be
forwarded to | ||||||
30 | the Environmental Protection Agency for submission to
the | ||||||
31 | United States pursuant to subsections (l) and (m) of
Section 4 | ||||||
32 | of this Act. Nothing in this paragraph shall limit the
| ||||||
33 | discretion of the Governor to delegate authority
granted to the | ||||||
34 | Governor under any federal law.
| ||||||
35 | (d) The Board
shall have authority to conduct proceedings | ||||||
36 | upon complaints charging violations of this Act, any
rule or |
| |||||||
| |||||||
1 | regulation adopted under this Act, any permit or term
or | ||||||
2 | condition of a permit, or any Board order; upon
administrative | ||||||
3 | citations; upon petitions for variances or adjusted
standards; | ||||||
4 | upon petitions for review of the Agency's final
determinations | ||||||
5 | on permit applications in accordance with Title X of
this Act; | ||||||
6 | upon petitions to remove seals under Section 34 of
this Act; | ||||||
7 | and upon other petitions for review of final
determinations | ||||||
8 | which are made pursuant to this Act or Board rule and
which | ||||||
9 | involve a subject which the Board is authorized to
regulate. | ||||||
10 | The Board may also conduct other proceedings as may be
provided | ||||||
11 | by this Act or any other statute or rule.
| ||||||
12 | (e) In connection
with any proceeding pursuant to | ||||||
13 | subsection (b) or (d) of this Section, the Board may
subpoena | ||||||
14 | and compel the attendance of witnesses and the
production of | ||||||
15 | evidence reasonably necessary to resolution of the
matter under | ||||||
16 | consideration. The Board shall issue such subpoenas
upon the | ||||||
17 | request of any party to a proceeding under subsection
(d) of | ||||||
18 | this Section or upon its own motion.
| ||||||
19 | (f) The Board may
prescribe reasonable fees for permits | ||||||
20 | required pursuant to this Act. Such fees in the
aggregate may | ||||||
21 | not exceed the total cost to the Agency for its
inspection and | ||||||
22 | permit systems. The Board may not prescribe any permit
fees | ||||||
23 | which are different in amount from those established
by this | ||||||
24 | Act. | ||||||
25 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff.
7-10-03; | ||||||
26 | 93-509, eff. 8-11-03; revised 9-11-03.)
| ||||||
27 | (415 ILCS
5/42) (from Ch. 111 1/2, par.
1042)
| ||||||
28 | Sec. 42.
Civil penalties.
| ||||||
29 | (a) Except as
provided in this Section, any person that | ||||||
30 | violates any provision of this Act or any regulation
adopted by | ||||||
31 | the Board, or any permit or term or condition thereof,
or that | ||||||
32 | violates any order of the Board pursuant to this Act,
shall be | ||||||
33 | liable for a civil penalty of not to exceed $50,000
for the | ||||||
34 | violation and an additional civil penalty of not to
exceed | ||||||
35 | $10,000 for each day during which the violation
continues; such |
| |||||||
| |||||||
1 | penalties may, upon order of the Board or a court of
competent | ||||||
2 | jurisdiction, be made payable to the Environmental
Protection | ||||||
3 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
4 | Environmental Protection Trust Fund Act.
| ||||||
5 | (b)
Notwithstanding the provisions of subsection (a) of | ||||||
6 | this Section:
| ||||||
7 | (1)
Any person that violates Section 12(f) of this Act | ||||||
8 | or any NPDES permit or term or
condition thereof, or any | ||||||
9 | filing requirement, regulation
or order relating to the | ||||||
10 | NPDES permit program, shall be
liable to a civil penalty of | ||||||
11 | not to exceed $10,000 per day
of violation.
| ||||||
12 | (2)
Any person that violates Section 12(g) of this Act | ||||||
13 | or any UIC permit or term or
condition thereof, or any | ||||||
14 | filing requirement, regulation
or order relating to the | ||||||
15 | State UIC program for all
wells, except Class II wells as | ||||||
16 | defined by the Board under
this Act, shall be liable to a | ||||||
17 | civil penalty not to exceed
$2,500 per day of violation; | ||||||
18 | provided, however, that any
person who commits such | ||||||
19 | violations relating to the
State UIC program for Class II | ||||||
20 | wells, as defined by the Board
under this Act, shall be | ||||||
21 | liable to a civil penalty of
not to exceed $10,000 for the | ||||||
22 | violation and an additional
civil penalty of not to exceed | ||||||
23 | $1,000 for each day during
which the violation continues.
| ||||||
24 | (3)
Any person that violates Sections 21(f), 21(g), | ||||||
25 | 21(h) or 21(i) of this Act, or
any RCRA permit or term or | ||||||
26 | condition thereof, or any
filing requirement, regulation | ||||||
27 | or order relating to the State
RCRA program, shall be | ||||||
28 | liable to a civil penalty of
not to exceed $25,000 per day | ||||||
29 | of violation.
| ||||||
30 | (4)
In an administrative citation action under Section | ||||||
31 | 31.1 of this Act, any person
found to have violated any | ||||||
32 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
33 | pay a civil penalty of $500
for each violation of each such | ||||||
34 | provision, plus any hearing
costs incurred by the Board and | ||||||
35 | the Agency. Such penalties
shall be made payable to the | ||||||
36 | Environmental Protection Trust
Fund, to be used in |
| |||||||
| |||||||
1 | accordance with the provisions
of the Environmental | ||||||
2 | Protection Trust Fund Act;
except that if a unit of local | ||||||
3 | government issued the
administrative citation, 50% of the | ||||||
4 | civil penalty shall be payable
to the unit of local | ||||||
5 | government.
| ||||||
6 | (4-5)
In an administrative citation action under | ||||||
7 | Section 31.1 of this Act, any
person found to have violated | ||||||
8 | any provision of subsection
(p) of Section 21 of this Act | ||||||
9 | shall pay a civil penalty of
$1,500 for each violation of | ||||||
10 | each such provision, plus any
hearing costs incurred by the | ||||||
11 | Board and the Agency, except
that the civil penalty amount | ||||||
12 | shall
be be
a $3,000 for each violation of any provision of
| ||||||
13 | subsection (p) of Section 21
that is the person's second
a | ||||||
14 | second
or subsequent adjudication violation of that | ||||||
15 | provision. The penalties shall
be deposited into the | ||||||
16 | Environmental Protection Trust
Fund, to be used in | ||||||
17 | accordance with the provisions
of the Environmental | ||||||
18 | Protection Trust Fund Act;
except that if a unit of local | ||||||
19 | government issued the
administrative citation, 50% of the | ||||||
20 | civil penalty shall be payable
to the unit of local | ||||||
21 | government.
| ||||||
22 | (5)
Any person who violates subsection 6 of Section | ||||||
23 | 39.5 of this Act or any CAAPP
permit, or term or condition | ||||||
24 | thereof, or any fee or filing
requirement, or any duty to | ||||||
25 | allow or carry out inspection,
entry or monitoring | ||||||
26 | activities, or any regulation
or order relating to the | ||||||
27 | CAAPP shall be liable for a
civil penalty not to exceed | ||||||
28 | $10,000 per day of
violation. | ||||||
29 | (b.5) In lieu of
the penalties set forth in subsections (a) | ||||||
30 | and (b) of this Section, any person who fails to file,
in a | ||||||
31 | timely manner, toxic chemical release forms with the
Agency | ||||||
32 | pursuant to Section 25b-2 of this Act shall be liable
for a | ||||||
33 | civil penalty of $100 per day for each day the forms
are late, | ||||||
34 | not to exceed a maximum total penalty of $6,000. This
daily | ||||||
35 | penalty shall begin accruing on the thirty-first day
after the | ||||||
36 | date that the person receives the warning notice
issued by the |
| |||||||
| |||||||
1 | Agency pursuant to Section 25b-6 of this Act; and the
penalty | ||||||
2 | shall be paid to the Agency. The daily accrual of
penalties | ||||||
3 | shall cease as of January 1 of the following year. All
| ||||||
4 | penalties collected by the Agency pursuant to this
subsection | ||||||
5 | shall be deposited into the Environmental Protection
Permit and | ||||||
6 | Inspection Fund. | ||||||
7 | (c) Any person
that violates this Act, any rule or | ||||||
8 | regulation adopted under this Act, any permit or term
or | ||||||
9 | condition of a permit, or any Board order and causes
the death | ||||||
10 | of fish or aquatic life shall, in addition to the
other | ||||||
11 | penalties provided by this Act, be liable to pay to
the State | ||||||
12 | an additional sum for the reasonable value of the fish
or | ||||||
13 | aquatic life destroyed. Any money so recovered shall
be placed | ||||||
14 | in the Wildlife and Fish Fund in the State
Treasury. | ||||||
15 | (d) The penalties
provided for in this Section may be | ||||||
16 | recovered in a civil action.
| ||||||
17 | (e) The State's
Attorney of the county in which the | ||||||
18 | violation occurred, or the Attorney General, may, at
the | ||||||
19 | request of the Agency or on his own motion, institute
a civil | ||||||
20 | action for an injunction to restrain violations of
this Act, | ||||||
21 | any rule or regulation adopted under this Act, any
permit or | ||||||
22 | term or condition of a permit, or any Board
order. | ||||||
23 | (f) The State's
Attorney of the county in which the | ||||||
24 | violation occurred, or the Attorney General, shall
bring such | ||||||
25 | actions in the name of the people of the State of
Illinois. | ||||||
26 | Without limiting any other authority which may exist
for the | ||||||
27 | awarding of attorney's fees and costs, the Board or a
court of | ||||||
28 | competent jurisdiction may award costs and reasonable
| ||||||
29 | attorney's fees, including the reasonable costs of
expert | ||||||
30 | witnesses and consultants, to the State's Attorney or
the | ||||||
31 | Attorney General in a case where he has prevailed
against a | ||||||
32 | person who has committed a wilful, knowing or repeated
| ||||||
33 | violation of this Act, any rule or regulation adopted
under | ||||||
34 | this Act, any permit or term or condition of a permit,
or any | ||||||
35 | Board order. | ||||||
36 | Any funds
collected under this subsection (f) in which the
|
| |||||||
| |||||||
1 | Attorney General has prevailed shall be deposited in
the | ||||||
2 | Hazardous Waste Fund created in Section 22.2 of this
Act. Any | ||||||
3 | funds collected under this subsection (f) in which a
State's | ||||||
4 | Attorney has prevailed shall be retained by the county
in which | ||||||
5 | he serves. | ||||||
6 | (g) All final
orders imposing civil penalties pursuant to | ||||||
7 | this Section shall prescribe the time for payment of
such | ||||||
8 | penalties. If any such penalty is not paid within the
time | ||||||
9 | prescribed, interest on such penalty at the rate set
forth in | ||||||
10 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
11 | shall be paid for the period from the date payment is
due until | ||||||
12 | the date payment is received. However, if the time for
payment | ||||||
13 | is stayed during the pendency of an appeal, interest
shall not | ||||||
14 | accrue during such stay. | ||||||
15 | (h) In
determining the appropriate civil penalty to be | ||||||
16 | imposed under subdivisions (a), (b)(1), (b)(2),
(b)(3), or | ||||||
17 | (b)(5) of this Section, the Board is authorized to
consider any | ||||||
18 | matters of record in mitigation or aggravation of
penalty, | ||||||
19 | including but not limited to the following
factors:
| ||||||
20 | (1)
the duration and gravity of the violation;
| ||||||
21 | (2)
the presence or absence of due diligence on the | ||||||
22 | part of the respondent in
attempting to comply with | ||||||
23 | requirements of this Act and
regulations thereunder or to | ||||||
24 | secure relief therefrom as
provided by this Act;
| ||||||
25 | (3)
any economic benefits accrued by the respondent | ||||||
26 | because of delay in compliance
with requirements, in which | ||||||
27 | case the economic benefits
shall be determined by the | ||||||
28 | lowest cost alternative for
achieving compliance;
| ||||||
29 | (4)
the amount of monetary penalty which will serve to | ||||||
30 | deter further violations by
the respondent and to otherwise | ||||||
31 | aid in enhancing voluntary
compliance with this Act by the | ||||||
32 | respondent and other persons
similarly subject to the Act;
| ||||||
33 | (5)
the number, proximity in time, and gravity of | ||||||
34 | previously adjudicated
violations of this Act by the | ||||||
35 | respondent;
| ||||||
36 | (6)
whether the respondent voluntarily self-disclosed,
|
| |||||||
| |||||||
1 | in accordance with subsection
(i) of this Section, the | ||||||
2 | non-compliance to the Agency;
and
| ||||||
3 | (7)
whether the respondent has agreed to undertake a | ||||||
4 | "supplemental environmental
project," which means an | ||||||
5 | environmentally beneficial
project that a respondent | ||||||
6 | agrees to undertake in
settlement of an enforcement action | ||||||
7 | brought under this Act, but
which the respondent is not | ||||||
8 | otherwise legally required to
perform. | ||||||
9 | In determining
the appropriate civil penalty to be imposed | ||||||
10 | under subsection (a) or paragraph (1), (2), (3), or
(5) of | ||||||
11 | subsection (b) of this Section, the Board shall
ensure, in all | ||||||
12 | cases, that the penalty is at least as great as the
economic | ||||||
13 | benefits, if any, accrued by the respondent as a
result of the | ||||||
14 | violation, unless the Board finds that imposition of
such | ||||||
15 | penalty would result in an arbitrary or unreasonable
financial | ||||||
16 | hardship. However, such civil penalty may be off-set
in whole | ||||||
17 | or in part pursuant to a supplemental environmental
project | ||||||
18 | agreed to by the complainant and the
respondent. | ||||||
19 | (i) A person who
voluntarily self-discloses non-compliance | ||||||
20 | to the Agency, of which the Agency had been unaware,
is | ||||||
21 | entitled to a 100% reduction in the portion of the
penalty that | ||||||
22 | is not based on the economic benefit of non-compliance
if the | ||||||
23 | person can establish the following:
| ||||||
24 | (1)
that the non-compliance was discovered through an | ||||||
25 | environmental audit, as
defined in Section 52.2 of this | ||||||
26 | Act, and the person waives the
environmental audit | ||||||
27 | privileges as provided in that
Section with respect to that | ||||||
28 | non-compliance;
| ||||||
29 | (2)
that the non-compliance was disclosed in writing | ||||||
30 | within 30 days of the date on
which the person discovered | ||||||
31 | it;
| ||||||
32 | (3)
that the non-compliance was discovered and | ||||||
33 | disclosed prior
to:
| ||||||
34 | (i)
the commencement of an Agency inspection, | ||||||
35 | investigation,
or request for information;
| ||||||
36 | (ii)
notice of a citizen suit;
|
| |||||||
| |||||||
1 | (iii)
the filing of a complaint by a citizen, the | ||||||
2 | Illinois
Attorney General, or the State's Attorney of | ||||||
3 | the
county in which the violation occurred;
| ||||||
4 | (iv)
the reporting of the non-compliance by an | ||||||
5 | employee
of the person without that person's | ||||||
6 | knowledge;
or
| ||||||
7 | (v)
imminent discovery of the non-compliance by | ||||||
8 | the
Agency;
| ||||||
9 | (4)
that the non-compliance is being corrected and any | ||||||
10 | environmental harm is being
remediated in a timely fashion;
| ||||||
11 | (5)
that the person agrees to prevent a recurrence of | ||||||
12 | the
non-compliance;
| ||||||
13 | (6)
that no related non-compliance events have | ||||||
14 | occurred in the past 3 years
at the same facility or in the | ||||||
15 | past 5 years as part of a
pattern at multiple facilities | ||||||
16 | owned or operated by the
person;
| ||||||
17 | (7)
that the non-compliance did not result in serious | ||||||
18 | actual harm or present an
imminent and substantial | ||||||
19 | endangerment to human health
or the environment or violate | ||||||
20 | the specific terms of any
judicial or administrative order | ||||||
21 | or consent
agreement;
| ||||||
22 | (8)
that the person cooperates as reasonably requested | ||||||
23 | by the Agency after the
disclosure; and
| ||||||
24 | (9)
that the non-compliance was identified voluntarily | ||||||
25 | and not through a monitoring,
sampling, or auditing | ||||||
26 | procedure that is required by
statute, rule, permit, | ||||||
27 | judicial or administrative
order, or consent agreement. | ||||||
28 | If a person can
establish all of the elements under this | ||||||
29 | subsection except the element set forth in paragraph
(1) of | ||||||
30 | this subsection, the person is entitled to a 75%
reduction in | ||||||
31 | the portion of the penalty that is not based upon the
economic | ||||||
32 | benefit of non-compliance. | ||||||
33 | (Source: P.A. 93-152, eff. 7-10-03; 93-575, eff.
1-1-04; | ||||||
34 | revised 9-11-03.)
| ||||||
35 | (415 ILCS
5/55.8) (from Ch. 111 1/2, par.
1055.8)
|
| |||||||
| |||||||
1 | Sec. 55.8.
Tire retailers.
| ||||||
2 | (a)
Beginning July 1, 1992, Any
person selling new or used | ||||||
3 | tires at retail or offering new or used tires for
retail sale | ||||||
4 | in this State shall:
| ||||||
5 | (1)
beginning on June 20, 2003 (the effective date of
| ||||||
6 | Public Act
93-32), collect from retail customers a fee of
| ||||||
7 | $2 per new
or
and used tire sold and
delivered in this | ||||||
8 | State ,
to be paid to the Department of Revenue and | ||||||
9 | deposited into the Used Tire
Management Fund, less a | ||||||
10 | collection allowance of 10
cents per tire to be retained by | ||||||
11 | the retail seller and a
collection allowance of 10 cents | ||||||
12 | per tire to be retained by the
Department of Revenue and | ||||||
13 | paid into the General Revenue
Fund;
| ||||||
14 | (1.5)
beginning on July 1, 2003, collect from retail | ||||||
15 | customers an additional 50
cents per new or used tire sold | ||||||
16 | and delivered in this State.
The money collected from this | ||||||
17 | fee shall be deposited into
the Emergency Public Health | ||||||
18 | Fund. This fee shall no longer
be collected beginning on | ||||||
19 | January 1,
2008 ; .
| ||||||
20 | (2)
accept for recycling used tires from customers, at | ||||||
21 | the point of transfer, in a
quantity equal to the number of | ||||||
22 | new tires purchased;
and
| ||||||
23 | (3)
post in a conspicuous place a written notice at | ||||||
24 | least 8.5 by 11 inches in size
that includes the universal | ||||||
25 | recycling symbol and the
following statements: "DO NOT put | ||||||
26 | used tires in the trash.";
"Recycle your used tires."; and | ||||||
27 | "State law requires us to
accept used tires for recycling, | ||||||
28 | in exchange for new tires
purchased.". | ||||||
29 | (b) A person who
accepts used tires for recycling under | ||||||
30 | subsection (a) shall not allow the tires to accumulate
for | ||||||
31 | periods of more than 90 days.
| ||||||
32 | (c) The
requirements of subsection (a) of this Section do | ||||||
33 | not apply to mail order sales nor shall the retail
sale of a | ||||||
34 | motor vehicle be considered to be the sale of tires at
retail | ||||||
35 | or offering of tires for retail sale. Instead of
filing | ||||||
36 | returns, retailers of tires may remit the tire user
fee of |
| |||||||
| |||||||
1 | $1.00 per tire to their suppliers of tires if the
supplier of | ||||||
2 | tires is a registered retailer of tires and agrees or
otherwise | ||||||
3 | arranges to collect and remit the tire fee to the
Department of | ||||||
4 | Revenue, notwithstanding the fact that the sale of the
tire is | ||||||
5 | a sale for resale and not a sale at retail. A tire
supplier who | ||||||
6 | enters into such an arrangement with a tire retailer
shall be | ||||||
7 | liable for the tax on all tires sold to the tire
retailer and | ||||||
8 | must (i) provide the tire retailer with a receipt that
| ||||||
9 | separately reflects the tire tax collected from the
retailer on | ||||||
10 | each transaction and (ii) accept used tires for
recycling from | ||||||
11 | the retailer's customers. The tire supplier shall be
entitled | ||||||
12 | to the collection allowance of 10 cents per
tire. | ||||||
13 | The retailer of
the tires must maintain in its books and | ||||||
14 | records evidence that the appropriate fee was paid to
the tire | ||||||
15 | supplier and that the tire supplier has agreed to
remit the fee | ||||||
16 | to the Department of Revenue for each tire sold by the
| ||||||
17 | retailer. Otherwise, the tire retailer shall be
directly liable | ||||||
18 | for the fee on all tires sold at retail. Tire
retailers paying | ||||||
19 | the fee to their suppliers are not entitled to the
collection | ||||||
20 | allowance of 10 cents per tire.
| ||||||
21 | (d) The
requirements of subsection (a) of this Section | ||||||
22 | shall apply exclusively to tires to be used for
vehicles | ||||||
23 | defined in Section 1-217 of the Illinois Vehicle Code,
aircraft | ||||||
24 | tires, special mobile equipment, and implements of
husbandry. | ||||||
25 | (e) The
requirements of paragraph (1) of subsection (a) do | ||||||
26 | not apply to the sale of reprocessed tires. For
purposes of | ||||||
27 | this Section, "reprocessed tire" means a used tire
that has | ||||||
28 | been recapped, retreaded, or regrooved and that has
not been | ||||||
29 | placed on a vehicle wheel rim.
| ||||||
30 | (Source: P.A. 93-32, eff. 6-20-03; 93-52, eff.
6-30-03; revised | ||||||
31 | 10-13-03.)
| ||||||
32 | (415 ILCS
5/57.2)
| ||||||
33 | Sec. 57.2.
Definitions. As used in this Title:
| ||||||
34 | "Audit" means a
systematic inspection or examination of | ||||||
35 | plans, reports, records, or documents to determine the
|
| |||||||
| |||||||
1 | completeness and accuracy of the data and conclusions
contained | ||||||
2 | therein. | ||||||
3 | "Bodily injury"
means bodily injury, sickness, or disease | ||||||
4 | sustained by a person, including death at any time,
resulting | ||||||
5 | from a release of petroleum from an underground
storage tank. | ||||||
6 | "Release" means
any spilling, leaking, emitting, | ||||||
7 | discharging, escaping, leaching or disposing of
petroleum from | ||||||
8 | an underground storage tank into groundwater, surface
water or | ||||||
9 | subsurface soils. | ||||||
10 | "Fill material"
means non-native or disturbed materials | ||||||
11 | used to bed and backfill around an underground storage
tank. | ||||||
12 | "Fund" means the
Underground Storage Tank Fund. | ||||||
13 | "Heating Oil"
means petroleum that is No. 1, No. 2, No. 4 - | ||||||
14 | light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or
No. 6 | ||||||
15 | technical grades of fuel oil; and other residual fuel
oils | ||||||
16 | including Navy Special Fuel Oil and Bunker
C. | ||||||
17 | "Indemnification"
means indemnification of an owner or | ||||||
18 | operator for the amount of any judgment entered
against the | ||||||
19 | owner or operator in a court of law, for the amount of
any | ||||||
20 | final order or determination made against the owner or
operator | ||||||
21 | by an agency of State government or any subdivision
thereof, or | ||||||
22 | for the amount of any settlement entered into by the
owner or | ||||||
23 | operator, if the judgment, order, determination, or
settlement | ||||||
24 | arises out of bodily injury or property damage
suffered as a | ||||||
25 | result of a release of petroleum from an underground
storage | ||||||
26 | tank owned or operated by the owner or
operator. | ||||||
27 | "Corrective
action" means activities associated with | ||||||
28 | compliance with the provisions of Sections 57.6 and
57.7 of | ||||||
29 | this Title. | ||||||
30 | "Occurrence"
means an accident, including continuous or | ||||||
31 | repeated exposure to conditions, that results in a
sudden or | ||||||
32 | nonsudden release from an underground storage
tank. | ||||||
33 | When used in
connection with, or when otherwise relating | ||||||
34 | to, underground storage tanks, the terms "facility",
"owner", | ||||||
35 | "operator", "underground storage tank", "(UST)",
"petroleum" | ||||||
36 | and "regulated substance" shall have the meanings
ascribed to |
| |||||||
| |||||||
1 | them in Subtitle I of the Hazardous and Solid Waste
Amendments | ||||||
2 | of 1984 (P.L. 98-616), of the Resource Conservation
and | ||||||
3 | Recovery Act of 1976 (P.L. 94-580); provided however
that the | ||||||
4 | term "underground storage tank" shall also mean an
underground | ||||||
5 | storage tank used exclusively to store heating oil for
| ||||||
6 | consumptive use on the premises where stored and which
serves | ||||||
7 | other than a farm or residential unit.
| ||||||
8 | "Licensed
Professional Engineer" means a person, | ||||||
9 | corporation, or partnership licensed under the laws of
the | ||||||
10 | State of Illinois to practice professional
engineering. | ||||||
11 | "Licensed
Professional Geologist" means a person licensed | ||||||
12 | under the laws of the State of Illinois to practice as
a | ||||||
13 | professional geologist. | ||||||
14 | "Site" means any
single location, place, tract of land or | ||||||
15 | parcel of property including contiguous property not
separated | ||||||
16 | by a public right-of-way. | ||||||
17 | "Site
investigation" means activities associated with | ||||||
18 | compliance with the provisions of subsection (a) of
Section | ||||||
19 | 57.7. | ||||||
20 | "Property damage"
means physical injury to, destruction | ||||||
21 | of, or contamination of tangible property, including
all | ||||||
22 | resulting loss of use of that property; or loss of use
of | ||||||
23 | tangible property that is not physically injured,
destroyed, or | ||||||
24 | contaminated, but has been evacuated, withdrawn from
use, or | ||||||
25 | rendered inaccessible because of a release of
petroleum from an | ||||||
26 | underground storage tank. | ||||||
27 | "Class I
Groundwater" means groundwater that meets the | ||||||
28 | Class I: Potable Resource Groundwater criteria set
forth in the | ||||||
29 | Board regulations adopted pursuant to the Illinois
Groundwater | ||||||
30 | Protection Act. | ||||||
31 | "Class III
Groundwater" means groundwater that meets the | ||||||
32 | Class III: Special Resource Groundwater criteria set
forth in | ||||||
33 | the Board regulations adopted pursuant to the Illinois
| ||||||
34 | Groundwater Protection Act. | ||||||
35 | (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff.
7-25-02; | ||||||
36 | revised 9-9-02.)
|
| |||||||
| |||||||
1 | (415 ILCS
5/57.8)
| ||||||
2 | Sec. 57.8.
Underground Storage Tank Fund; payment; options | ||||||
3 | for State payment; deferred correction election to
commence | ||||||
4 | corrective action upon availability of funds. If an
owner or | ||||||
5 | operator is eligible to access the Underground Storage
Tank | ||||||
6 | Fund pursuant to an Office of State Fire Marshal
| ||||||
7 | eligibility/deductible final determination letter
issued in | ||||||
8 | accordance with Section 57.9, the owner or operator
may submit | ||||||
9 | a complete application for final or partial payment to
the | ||||||
10 | Agency for activities taken in response to a confirmed
release. | ||||||
11 | An owner or operator may submit a request for partial
or final | ||||||
12 | payment regarding a site no more frequently than once
every 90 | ||||||
13 | days. | ||||||
14 | (a) Payment after
completion of corrective action | ||||||
15 | measures. The owner or operator may submit an
application for | ||||||
16 | payment for activities performed at a site after
completion of | ||||||
17 | the requirements of Sections 57.6 and 57.7, or after
completion | ||||||
18 | of any other required activities at the underground
storage | ||||||
19 | tank site.
| ||||||
20 | (1)
In the case of any approved plan and budget for | ||||||
21 | which payment is being sought,
the Agency shall make a | ||||||
22 | payment determination within
120 days of receipt of the | ||||||
23 | application. Such
determination shall be considered a | ||||||
24 | final decision. The Agency's
review shall be limited to | ||||||
25 | generally accepted auditing
and accounting practices. In | ||||||
26 | no case shall the Agency
conduct additional review of any | ||||||
27 | plan which was completed
within the budget, beyond auditing | ||||||
28 | for adherence to the
corrective action measures in the | ||||||
29 | proposal. If the Agency fails
to approve the payment | ||||||
30 | application within 120 days,
such application shall be | ||||||
31 | deemed approved by operation
of law and the Agency shall | ||||||
32 | proceed to reimburse the owner
or operator the amount | ||||||
33 | requested in the payment
application. However, in no event | ||||||
34 | shall the Agency reimburse the
owner or operator an amount | ||||||
35 | greater than the amount
approved in the plan.
|
| |||||||
| |||||||
1 | (2)
If sufficient funds are available in the | ||||||
2 | Underground Storage Tank Fund,
the Agency shall, within 60 | ||||||
3 | days, forward to the Office of
the State Comptroller a | ||||||
4 | voucher in the amount approved
under the payment | ||||||
5 | application.
| ||||||
6 | (3)
In the case of insufficient funds, the Agency shall | ||||||
7 | form a priority list for
payment and shall notify persons | ||||||
8 | in such priority list monthly
of the availability of funds | ||||||
9 | and when payment shall be
made. Payment shall be made to | ||||||
10 | the owner or operator at such
time as sufficient funds | ||||||
11 | become available for the costs
associated with site | ||||||
12 | investigation and corrective
action and costs expended for | ||||||
13 | activities performed where no
proposal is required, if | ||||||
14 | applicable. Such priority list
shall be available to any | ||||||
15 | owner or operator upon
request. Priority for payment shall | ||||||
16 | be determined by the date the
Agency receives a complete | ||||||
17 | request for partial or final
payment. Upon receipt of | ||||||
18 | notification from the Agency
that the requirements of this | ||||||
19 | Title have been met, the
Comptroller shall make payment to | ||||||
20 | the owner or operator of the
amount approved by the Agency, | ||||||
21 | if sufficient money exists in
the Fund. If there is | ||||||
22 | insufficient money in the
Fund, then payment shall not be | ||||||
23 | made. If the owner or operator
appeals a final Agency | ||||||
24 | payment determination and it
is determined that the owner | ||||||
25 | or operator is eligible for
payment or additional payment, | ||||||
26 | the priority date for the
payment or additional payment | ||||||
27 | shall be the same as the
priority date assigned to the | ||||||
28 | original request for partial
or final payment.
| ||||||
29 | (4)
Any deductible, as determined pursuant to the | ||||||
30 | Office of the State Fire
Marshal's eligibility and | ||||||
31 | deductibility final
determination in accordance with | ||||||
32 | Section 57.9, shall be
subtracted from any payment invoice | ||||||
33 | paid to an eligible owner or
operator. Only one deductible | ||||||
34 | shall apply per underground
storage tank site.
| ||||||
35 | (5)
In the event that costs are or will be incurred in | ||||||
36 | addition to those approved by
the Agency, or after payment, |
| |||||||
| |||||||
1 | the owner or operator may
submit successive plans | ||||||
2 | containing amended budgets.
The requirements of Section | ||||||
3 | 57.7 shall apply to any
amended plans.
| ||||||
4 | (6)
For purposes of this Section, a complete | ||||||
5 | application shall consist
of:
| ||||||
6 | (A)
A certification from a Licensed Professional | ||||||
7 | Engineer
or Licensed Professional Geologist as | ||||||
8 | required
under this Title and acknowledged by the owner | ||||||
9 | or
operator.
| ||||||
10 | (B)
A statement of the amounts approved in the | ||||||
11 | budget
and the amounts actually sought for payment | ||||||
12 | along
with a certified statement by the owner or | ||||||
13 | operator
that the amounts so sought were expended in | ||||||
14 | conformance
with the approved budget.
| ||||||
15 | (C)
A copy of the Office of the State Fire | ||||||
16 | Marshal's
eligibility and deductibility determination.
| ||||||
17 | (D)
Proof that approval of the payment requested | ||||||
18 | will
not result in the limitations set forth in | ||||||
19 | subsection
(g) of this Section being exceeded.
| ||||||
20 | (E)
A federal taxpayer identification number and | ||||||
21 | legal
status disclosure certification on a form | ||||||
22 | prescribed
and provided by the Agency. | ||||||
23 | (b) Commencement
of site investigation or corrective | ||||||
24 | action upon availability of funds. The Board shall
adopt | ||||||
25 | regulations setting forth procedures based on risk to
human | ||||||
26 | health or the environment under which the owner or
operator who | ||||||
27 | has received approval for any budget plan submitted
pursuant to | ||||||
28 | Section 57.7, and who is eligible for payment from the
| ||||||
29 | Underground Storage Tank Fund pursuant to an Office of
the | ||||||
30 | State Fire Marshal eligibility and deductibility
| ||||||
31 | determination, may elect to defer site investigation
or | ||||||
32 | corrective action activities until funds are available
in an | ||||||
33 | amount equal to the amount approved in the budget. The
| ||||||
34 | regulations shall establish criteria based on risk to
human | ||||||
35 | health or the environment to be used for determining
on a | ||||||
36 | site-by-site basis whether deferral is appropriate.
The |
| |||||||
| |||||||
1 | regulations also shall establish the minimum
investigatory | ||||||
2 | requirements for determining whether the risk based
criteria | ||||||
3 | are present at a site considering deferral and
procedures for | ||||||
4 | the notification of owners or operators of
insufficient funds, | ||||||
5 | Agency review of request for deferral, notification of
Agency | ||||||
6 | final decisions, returning deferred sites to active
status, and | ||||||
7 | earmarking of funds for payment.
| ||||||
8 | (c) When the
owner or operator requests indemnification for | ||||||
9 | payment of costs incurred as a result of a release of
petroleum | ||||||
10 | from an underground storage tank, if the owner or
operator has | ||||||
11 | satisfied the requirements of subsection (a) of this
Section, | ||||||
12 | the Agency shall forward a copy of the request to the
Attorney | ||||||
13 | General. The Attorney General shall review and approve
the | ||||||
14 | request for indemnification if:
| ||||||
15 | (1)
there is a legally enforceable judgment entered | ||||||
16 | against the owner or operator
and such judgment was entered | ||||||
17 | due to harm caused by a
release of petroleum from an | ||||||
18 | underground storage tank and
such judgment was not entered | ||||||
19 | as a result of fraud;
or
| ||||||
20 | (2)
a settlement with a third party due to a release of | ||||||
21 | petroleum from an underground
storage tank is reasonable. | ||||||
22 | (d)
Notwithstanding any other provision of this Title, the | ||||||
23 | Agency shall not approve payment to an owner or
operator from | ||||||
24 | the Fund for costs of corrective action or
indemnification | ||||||
25 | incurred during a calendar year in excess of the
following | ||||||
26 | aggregate amounts based on the number of petroleum
underground | ||||||
27 | storage tanks owned or operated by such owner or
operator in | ||||||
28 | Illinois. | ||||||
29 | Amount Number of Tanks
| ||||||
30 | $2,000,000 ............................fewer than 101
| ||||||
31 | $3,000,000 ....................................101 or more
| ||||||
32 | (1)
Costs incurred in excess of the aggregate amounts | ||||||
33 | set forth in paragraph (1) of
this subsection shall not be | ||||||
34 | eligible for payment in
subsequent years.
| ||||||
35 | (2)
For purposes of this subsection, requests | ||||||
36 | submitted by any of the
agencies, departments, boards, |
| |||||||
| |||||||
1 | committees or commissions of
the State of Illinois shall be | ||||||
2 | acted upon as claims from a
single owner or operator.
| ||||||
3 | (3)
For purposes of this subsection, owner or operator | ||||||
4 | includes (i) any subsidiary,
parent, or joint stock company | ||||||
5 | of the owner or operator and
(ii) any company owned by any | ||||||
6 | parent, subsidiary, or joint
stock company of the owner or | ||||||
7 | operator.
| ||||||
8 | (e) Costs of
corrective action or indemnification incurred | ||||||
9 | by an owner or operator which have been paid to an
owner or | ||||||
10 | operator under a policy of insurance, another written
| ||||||
11 | agreement, or a court order are not eligible for
payment under | ||||||
12 | this Section. An owner or operator who receives
payment under a | ||||||
13 | policy of insurance, another written agreement, or a
court | ||||||
14 | order shall reimburse the State to the extent such
payment | ||||||
15 | covers costs for which payment was received from the
Fund. Any | ||||||
16 | monies received by the State under this subsection (e)
shall be | ||||||
17 | deposited into the Fund. | ||||||
18 | (f)
(Blank.) | ||||||
19 | (g) The Agency
shall not approve any payment from the Fund | ||||||
20 | to pay an owner or operator:
| ||||||
21 | (1)
for costs of corrective action incurred by such | ||||||
22 | owner or operator in an amount
in excess of $1,500,000 per | ||||||
23 | occurrence; and
| ||||||
24 | (2)
for costs of indemnification of such owner or | ||||||
25 | operator in an amount in
excess of $1,500,000 per | ||||||
26 | occurrence.
| ||||||
27 | (h) Payment of
any amount from the Fund for corrective | ||||||
28 | action or indemnification shall be subject to the
State | ||||||
29 | acquiring by subrogation the rights of any owner,
operator, or | ||||||
30 | other person to recover the costs of corrective action
or | ||||||
31 | indemnification for which the Fund has compensated
such owner, | ||||||
32 | operator, or person from the person responsible or
liable for | ||||||
33 | the release. | ||||||
34 | (i) If the Agency
refuses to pay or authorizes only a | ||||||
35 | partial payment, the affected owner or operator may
petition | ||||||
36 | the Board for a hearing in the manner provided for the
review |
| |||||||
| |||||||
1 | of permit decisions in Section 40 of this
Act. | ||||||
2 | (j) Costs of
corrective action or indemnification incurred | ||||||
3 | by an owner or operator prior to July 28, 1989, shall
not be | ||||||
4 | eligible for payment or reimbursement under this
Section. | ||||||
5 | (k) The Agency
shall not pay costs of corrective action or | ||||||
6 | indemnification incurred before providing notification
of the | ||||||
7 | release of petroleum in accordance with the provisions
of this | ||||||
8 | Title. | ||||||
9 | (l) Corrective
action does not include legal defense costs. | ||||||
10 | Legal defense costs include legal costs for seeking
payment | ||||||
11 | under this Title unless the owner or operator prevails
before | ||||||
12 | the Board in which case the Board may authorize
payment of | ||||||
13 | legal fees. | ||||||
14 | (m) The Agency
may apportion payment of costs for plans | ||||||
15 | submitted under Section 57.7 if:
| ||||||
16 | (1)
the owner or operator was deemed eligible to access | ||||||
17 | the Fund for payment of
corrective action costs for some, | ||||||
18 | but not all, of the
underground storage tanks at the site; | ||||||
19 | and
| ||||||
20 | (2)
the owner or operator failed to justify all costs | ||||||
21 | attributable to each
underground storage tank at the site. | ||||||
22 | (n) The Agency
shall not pay costs associated with a | ||||||
23 | corrective action plan incurred after the Agency
provides | ||||||
24 | notification to the owner or operator pursuant to item
(7) of | ||||||
25 | subsection (b) of Section 57.7 that a revised
corrective action | ||||||
26 | plan is required. Costs associated with any
subsequently | ||||||
27 | approved corrective action plan shall be eligible for
| ||||||
28 | reimbursement if they meet the requirements of this
Title. | ||||||
29 | (Source: P.A. 91-357, eff. 7-29-99; 92-554, eff.
6-24-02; | ||||||
30 | 92-574, eff. 6-26-02; 92-735, eff. 7-25-02; revised
10-3-02.)
| ||||||
31 | (415 ILCS
5/57.10)
| ||||||
32 | Sec. 57.10.
Professional Engineer or Professional | ||||||
33 | Geologist certification; presumptions against
liability. | ||||||
34 | (a) Within 120
days of the Agency's receipt of a corrective | ||||||
35 | action completion report, the Agency shall issue to
the owner |
| |||||||
| |||||||
1 | or operator a "no further remediation letter" unless
the Agency | ||||||
2 | has requested a modification, issued a rejection under
| ||||||
3 | subsection (d) of this Section, or the report has been
rejected | ||||||
4 | by operation of law.
| ||||||
5 | (b) By certifying
such a statement, a Licensed Professional | ||||||
6 | Engineer or Licensed Professional Geologist shall in
no way be | ||||||
7 | liable thereon, unless the engineer or geologist gave
such | ||||||
8 | certification despite his or her actual knowledge that
the | ||||||
9 | performed measures were not in compliance with
applicable | ||||||
10 | statutory or regulatory requirements or any plan
submitted to | ||||||
11 | the Agency. | ||||||
12 | (c) The Agency's
issuance of a no further remediation | ||||||
13 | letter shall signify, based on the certification of
the | ||||||
14 | Licensed Professional Engineer, that:
| ||||||
15 | (1)
all statutory and regulatory corrective action | ||||||
16 | requirements applicable to the
occurrence have been | ||||||
17 | complied with;
| ||||||
18 | (2)
all corrective action concerning the remediation | ||||||
19 | of the occurrence has been
completed; and
| ||||||
20 | (3)
no further corrective action concerning the | ||||||
21 | occurrence is necessary for
the protection of human health, | ||||||
22 | safety and the
environment. | ||||||
23 | (d) The no
further remediation letter issued under this | ||||||
24 | Section shall apply in favor of the following
parties:
| ||||||
25 | (1)
The owner or operator to whom the letter was | ||||||
26 | issued.
| ||||||
27 | (2)
Any parent corporation or subsidiary of such owner | ||||||
28 | or operator.
| ||||||
29 | (3)
Any co-owner or co-operator, either by joint | ||||||
30 | tenancy,
right-of-survivorship, or any other party sharing | ||||||
31 | a legal relationship with the
owner or operator to whom the | ||||||
32 | letter is issued.
| ||||||
33 | (4)
Any holder of a beneficial interest of a land trust | ||||||
34 | or inter vivos trust whether
revocable or irrevocable.
| ||||||
35 | (5)
Any mortgagee or trustee of a deed of trust of such | ||||||
36 | owner or
operator.
|
| |||||||
| |||||||
1 | (6)
Any successor-in-interest of such owner or | ||||||
2 | operator.
| ||||||
3 | (7)
Any transferee of such owner or operator whether | ||||||
4 | the transfer was by sale,
bankruptcy proceeding, | ||||||
5 | partition, dissolution of
marriage, settlement or | ||||||
6 | adjudication of any civil
action, charitable gift, or | ||||||
7 | bequest.
| ||||||
8 | (8)
Any heir or devisee or such owner or operator. | ||||||
9 | (e) If the Agency
notifies the owner or operator that the | ||||||
10 | "no further remediation" letter has been rejected, the
grounds | ||||||
11 | for such rejection shall be described in the notice.
Such a | ||||||
12 | decision shall be a final determination which may be
appealed | ||||||
13 | by the owner or operator. | ||||||
14 | (f) The Board
shall adopt rules setting forth the criteria | ||||||
15 | under which the Agency may require an owner or
operator to | ||||||
16 | conduct further investigation or remediation related
to a | ||||||
17 | release for which a no further remediation letter has
been | ||||||
18 | issued. | ||||||
19 | (g) Holders of
security interests in sites subject to the | ||||||
20 | requirements of this Title XVI shall be entitled to
the same | ||||||
21 | protections and subject to the same responsibilities
provided | ||||||
22 | under general regulations promulgated under Subtitle I
of the | ||||||
23 | Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616) of | ||||||
24 | the Resource Conservation and Recovery Act of 1976
(P.L. | ||||||
25 | 94-580). | ||||||
26 | (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff.
7-25-02; | ||||||
27 | revised 9-25-03.)
| ||||||
28 | (415 ILCS
5/58.7)
| ||||||
29 | Sec. 58.7.
Review and approvals.
| ||||||
30 | (a) Requirements.
All plans and reports that are submitted | ||||||
31 | pursuant to this Title shall be submitted for review
or | ||||||
32 | approval in accordance with this Section.
| ||||||
33 | (b) Review and
evaluation by the Agency.
| ||||||
34 | (1)
Except for sites excluded under subdivision (a) (2) | ||||||
35 | of Section 58.1, the Agency
shall, subject to available |
| |||||||
| |||||||
1 | resources, agree to provide
review and evaluation services | ||||||
2 | for activities carried out
pursuant to this Title for which | ||||||
3 | the RA requested the services
in writing. As a condition | ||||||
4 | for providing such services,
the Agency may require that | ||||||
5 | the RA for a
site:
| ||||||
6 | (A)
Conform with the procedures of this Title;
| ||||||
7 | (B)
Allow for or otherwise arrange site visits or | ||||||
8 | other
site evaluation by the Agency when so requested;
| ||||||
9 | (C)
Agree to perform the Remedial Action Plan as | ||||||
10 | approved
under this Title;
| ||||||
11 | (D)
Agree to pay any reasonable costs incurred and | ||||||
12 | documented
by the Agency in providing such services;
| ||||||
13 | (E)
Make an advance partial payment to the Agency | ||||||
14 | for
such anticipated services in an amount, acceptable | ||||||
15 | to the
Agency, but not to exceed $5,000 or one-half of | ||||||
16 | the
total anticipated costs of the Agency, whichever | ||||||
17 | sum is
less; and
| ||||||
18 | (F)
Demonstrate, if necessary, authority to act on | ||||||
19 | behalf
of or in lieu of the owner or operator.
| ||||||
20 | (2)
Any moneys received by the State for costs incurred | ||||||
21 | by the Agency in performing
review or evaluation services | ||||||
22 | for actions conducted pursuant
to this Title shall be | ||||||
23 | deposited in the Hazardous
Waste Fund.
| ||||||
24 | (3)
An RA requesting services under subdivision (b) (1) | ||||||
25 | of this Section may, at any
time, notify the Agency, in | ||||||
26 | writing, that Agency services
previously requested are no | ||||||
27 | longer wanted. Within 180 days
after receipt of the notice, | ||||||
28 | the Agency shall provide the
RA with a final invoice for | ||||||
29 | services provided until the
date of such notifications.
| ||||||
30 | (4)
The Agency may invoice or otherwise request or | ||||||
31 | demand payment from a RA for
costs incurred by the Agency | ||||||
32 | in performing review or
evaluation services for actions by | ||||||
33 | the RA at sites only
if:
| ||||||
34 | (A)
The Agency has incurred costs in performing | ||||||
35 | response
actions, other than review or evaluation | ||||||
36 | services,
due to the failure of the RA to take response |
| |||||||
| |||||||
1 | action
in accordance with a notice issued pursuant to | ||||||
2 | this
Act;
| ||||||
3 | (B)
The RA has agreed in writing to the payment of | ||||||
4 | such
costs;
| ||||||
5 | (C)
The RA has been ordered to pay such costs by | ||||||
6 | the
Board or a court of competent jurisdiction pursuant | ||||||
7 | to
this Act; or
| ||||||
8 | (D)
The RA has requested or has consented to Agency | ||||||
9 | review
or evaluation services under subdivision
(b) | ||||||
10 | (1) of
this Section.
| ||||||
11 | (5)
The Agency may, subject to available resources, | ||||||
12 | agree to provide review and
evaluation services for | ||||||
13 | response actions if there is a
written agreement among | ||||||
14 | parties to a legal action or
if a notice to perform a | ||||||
15 | response action has been
issued by the Agency. | ||||||
16 | (c) Review and
evaluation by a Licensed Professional | ||||||
17 | Engineer or Licensed Professional Geologist. A RA may
elect to | ||||||
18 | contract with a Licensed Professional Engineer or, in
the case | ||||||
19 | of a site investigation report only, a Licensed
Professional | ||||||
20 | Geologist, who will perform review and evaluation
services on | ||||||
21 | behalf of and under the direction of the Agency
relative to the | ||||||
22 | site activities.
| ||||||
23 | (1)
Prior to entering into the contract with the | ||||||
24 | RELPEG, the RA shall notify
the Agency of the RELPEG to be | ||||||
25 | selected. The Agency and the
RA shall discuss the potential | ||||||
26 | terms of the
contract.
| ||||||
27 | (2)
At a minimum, the contract with the RELPEG shall | ||||||
28 | provide that the RELPEG will
submit any reports directly to | ||||||
29 | the Agency, will take his or
her directions for work | ||||||
30 | assignments from the Agency,
and will perform the assigned | ||||||
31 | work on behalf of the
Agency.
| ||||||
32 | (3)
Reasonable costs incurred by the Agency shall be | ||||||
33 | paid by the RA directly to the
Agency in accordance with | ||||||
34 | the terms of the review and
evaluation services agreement | ||||||
35 | entered into under subdivision
(b) (1) of Section 58.7.
| ||||||
36 | (4)
In no event shall the RELPEG acting on behalf of
|
| |||||||
| |||||||
1 | the Agency be an employee of
the RA or the owner or | ||||||
2 | operator of the site or be an
employee of any other person | ||||||
3 | the RA has contracted to
provide services relative to the | ||||||
4 | site.
| ||||||
5 | (d) Review and
approval. All reviews required under this | ||||||
6 | Title shall be carried out by the Agency or a RELPEG,
both | ||||||
7 | under the direction of a Licensed Professional
Engineer or, in | ||||||
8 | the case of the review of a site investigation only, a
Licensed | ||||||
9 | Professional Geologist.
| ||||||
10 | (1)
All review activities conducted by the Agency or a | ||||||
11 | RELPEG shall be carried out in
conformance with this Title | ||||||
12 | and rules promulgated under
Section 58.11.
| ||||||
13 | (2)
Subject to the limitations in subsection (c) and | ||||||
14 | this subsection (d), the
specific plans, reports, and | ||||||
15 | activities that the Agency or
a RELPEG may review include:
| ||||||
16 | (A)
Site Investigation Reports and related | ||||||
17 | activities;
| ||||||
18 | (B)
Remediation Objectives Reports;
| ||||||
19 | (C)
Remedial Action Plans and related activities; | ||||||
20 | and
| ||||||
21 | (D)
Remedial Action Completion Reports and related | ||||||
22 | activities.
| ||||||
23 | (3)
Only the Agency shall have the authority to | ||||||
24 | approve, disapprove, or
approve with conditions a plan or | ||||||
25 | report as a result of the
review process including those | ||||||
26 | plans and reports reviewed by
a RELPEG. If the Agency | ||||||
27 | disapproves a plan or report
or approves a plan or report | ||||||
28 | with conditions, the written
notification required by | ||||||
29 | subdivision (d) (4) of this
Section shall contain the | ||||||
30 | following information, as
applicable:
| ||||||
31 | (A)
An explanation of the Sections of this Title | ||||||
32 | that
may be violated if the plan or report was | ||||||
33 | approved;
| ||||||
34 | (B)
An explanation of the provisions of the rules | ||||||
35 | promulgated
under this Title that may be violated if | ||||||
36 | the
plan or report was approved;
|
| |||||||
| |||||||
1 | (C)
An explanation of the specific type of | ||||||
2 | information,
if any, that the Agency deems the | ||||||
3 | applicant
did not provide the Agency;
| ||||||
4 | (D)
A statement of specific reasons why the Title | ||||||
5 | and
regulations might not be met if the plan or report | ||||||
6 | were
approved; and
| ||||||
7 | (E)
An explanation of the reasons for conditions if | ||||||
8 | conditions
are required.
| ||||||
9 | (4)
Upon approving, disapproving, or approving with | ||||||
10 | conditions a plan or report,
the Agency shall notify the RA | ||||||
11 | in writing of its decision. In
the case of approval or | ||||||
12 | approval with conditions of a
Remedial Action Completion | ||||||
13 | Report, the Agency shall
prepare a No Further Remediation | ||||||
14 | Letter that meets the
requirements of Section 58.10 and | ||||||
15 | send a copy of the letter to
the RA.
| ||||||
16 | (5)
All reviews undertaken by the Agency or a RELPEG | ||||||
17 | shall be completed and the
decisions communicated to the RA | ||||||
18 | within 60 days of the request
for review or approval. The | ||||||
19 | RA may waive the deadline upon
a request from the Agency. | ||||||
20 | If the Agency disapproves or
approves with conditions a | ||||||
21 | plan or report or fails to
issue a final decision within | ||||||
22 | the 60 day period and the RA
has not agreed to a waiver of | ||||||
23 | the deadline, the RA may,
within 35 days, file an appeal to | ||||||
24 | the Board. Appeals to the
Board shall be in the manner | ||||||
25 | provided for the review of
permit decisions in Section 40 | ||||||
26 | of this Act.
| ||||||
27 | (e) Standard of
review. In making determinations, the | ||||||
28 | following factors, and additional factors as may be
adopted by | ||||||
29 | the Board in accordance with Section 58.11, shall be
considered | ||||||
30 | by the Agency when reviewing or approving plans,
reports, and | ||||||
31 | related activities, or the RELPEG, when reviewing
plans, | ||||||
32 | reports, and related activities:
| ||||||
33 | (1)
Site Investigation Reports and related activities: | ||||||
34 | Whether investigations have
been conducted and the results | ||||||
35 | compiled in accordance with
the appropriate procedures and | ||||||
36 | whether the interpretations
and conclusions reached are |
| |||||||
| |||||||
1 | supported by the information
gathered. In making the | ||||||
2 | determination, the following
factors shall be considered:
| ||||||
3 | (A)
The adequacy of the description of the site and | ||||||
4 | site
characteristics that were used to evaluate the | ||||||
5 | site;
| ||||||
6 | (B)
The adequacy of the investigation of potential | ||||||
7 | pathways
and risks to receptors identified at the site; | ||||||
8 | and
| ||||||
9 | (C)
The appropriateness of the sampling and | ||||||
10 | analysis
used.
| ||||||
11 | (2)
Remediation Objectives Reports: Whether the | ||||||
12 | remediation objectives are
consistent with the | ||||||
13 | requirements of the applicable
method for selecting or | ||||||
14 | determining remediation
objectives under Section 58.5. In | ||||||
15 | making the determination, the
following factors shall be | ||||||
16 | considered:
| ||||||
17 | (A)
If the objectives were based on the | ||||||
18 | determination
of area background levels under | ||||||
19 | subsection
(b) of Section 58.5, whether the review of | ||||||
20 | current
and historic conditions at or in the immediate | ||||||
21 | vicinity
of the site has been thorough and whether the | ||||||
22 | site
sampling and analysis has been performed in a | ||||||
23 | manner
resulting in accurate determinations;
| ||||||
24 | (B)
If the objectives were calculated on the basis | ||||||
25 | of
predetermined equations using site specific data, | ||||||
26 | whether
the calculations were accurately performed and | ||||||
27 | whether
the site specific data reflect actual site | ||||||
28 | conditions;
and
| ||||||
29 | (C)
If the objectives were determined using a site | ||||||
30 | specific
risk assessment procedure, whether the | ||||||
31 | procedure
used is nationally recognized and accepted, | ||||||
32 | whether
the calculations were accurately performed, | ||||||
33 | and
whether the site specific data reflect actual site | ||||||
34 | conditions.
| ||||||
35 | (3)
Remedial Action Plans and related activities: | ||||||
36 | Whether the plan will result
in compliance with this Title, |
| |||||||
| |||||||
1 | and rules adopted under it and
attainment of the applicable | ||||||
2 | remediation objectives. In
making the determination, the | ||||||
3 | following factors shall be
considered:
| ||||||
4 | (A)
The likelihood that the plan will result in the | ||||||
5 | attainment
of the applicable remediation objectives;
| ||||||
6 | (B)
Whether the activities proposed are consistent | ||||||
7 | with
generally accepted engineering practices; and
| ||||||
8 | (C)
The management of risk relative to any | ||||||
9 | remaining
contamination, including but not limited to, | ||||||
10 | provisions
for the long-term enforcement, operation, | ||||||
11 | and
maintenance of institutional and engineering | ||||||
12 | controls,
if relied on.
| ||||||
13 | (4)
Remedial Action Completion Reports and related | ||||||
14 | activities: Whether the
remedial activities have been | ||||||
15 | completed in accordance with
the approved Remedial Action | ||||||
16 | Plan and whether the
applicable remediation objectives | ||||||
17 | have been attained.
| ||||||
18 | (f) All plans and
reports submitted for review shall | ||||||
19 | include a Licensed Professional Engineer's
certification that | ||||||
20 | all investigations and remedial activities were
carried out | ||||||
21 | under his or her direction and, to the best of his or
her | ||||||
22 | knowledge and belief, the work described in the plan
or report | ||||||
23 | has been completed in accordance with generally
accepted | ||||||
24 | engineering practices, and the information presented
is | ||||||
25 | accurate and complete. In the case of a site
investigation | ||||||
26 | report prepared or supervised by a Licensed
Professional | ||||||
27 | Geologist, the required certification may be made by
the | ||||||
28 | Licensed Professional Geologist (rather than a
Licensed | ||||||
29 | Professional Engineer) and based upon generally
accepted | ||||||
30 | principles of professional geology.
| ||||||
31 | (g) In accordance
with Section 58.11, the Agency shall | ||||||
32 | propose and the Board shall adopt rules to carry out
the | ||||||
33 | purposes of this Section. At a minimum, the rules
shall detail | ||||||
34 | the types of services the Agency may provide in
response to | ||||||
35 | requests under subdivision (b) (1) of this Section and
the | ||||||
36 | recordkeeping it will utilize in documenting to the RA
the |
| |||||||
| |||||||
1 | costs incurred by the Agency in providing such
services. | ||||||
2 | (h) Public
participation.
| ||||||
3 | (1)
The Agency shall develop guidance to assist RA's in | ||||||
4 | the implementation of a
community relations plan to address | ||||||
5 | activity at sites undergoing
remedial action pursuant to | ||||||
6 | this Title.
| ||||||
7 | (2)
The RA may elect to enter into a services agreement | ||||||
8 | with the Agency for Agency
assistance in community outreach | ||||||
9 | efforts.
| ||||||
10 | (3)
The Agency shall maintain a registry listing those | ||||||
11 | sites undergoing remedial
action pursuant to this Title.
| ||||||
12 | (4)
Notwithstanding any provisions of this Section, | ||||||
13 | the RA of a site undergoing
remedial activity pursuant to | ||||||
14 | this Title may elect to
initiate a community outreach | ||||||
15 | effort for the
site. | ||||||
16 | (Source: P.A. 92-574, eff. 6-26-02; 92-735, eff.
7-25-02; | ||||||
17 | revised 9-9-02.) | ||||||
18 | Section 425.
The Gasoline Storage Act is amended by | ||||||
19 | changing Section 2 as follows:
| ||||||
20 | (430 ILCS
15/2) (from Ch. 127 1/2, par.
154)
| ||||||
21 | Sec. 2.
Jurisdiction; regulation of tanks.
| ||||||
22 | (1) (a) Except as
otherwise provided in this Act, the | ||||||
23 | jurisdiction of the Office of the State Fire Marshal
under this | ||||||
24 | Act shall be concurrent with that of municipalities
and other | ||||||
25 | political subdivisions. The Office of the State Fire
Marshal | ||||||
26 | has power to promulgate, pursuant to the Illinois
| ||||||
27 | Administrative Procedure Act, reasonable rules and
regulations | ||||||
28 | governing the keeping, storage, transportation, sale
or use of | ||||||
29 | gasoline and volatile oils. Nothing in this Act shall
relieve | ||||||
30 | any person, corporation, or other entity from
complying with | ||||||
31 | any zoning ordinance of a municipality or home rule
unit | ||||||
32 | enacted pursuant to Section 11-13-1 of the Illinois
Municipal | ||||||
33 | Code or any ordinance enacted pursuant to Section
11-8-4 of the | ||||||
34 | Illinois Municipal Code.
|
| |||||||
| |||||||
1 | (b) The
rulemaking power shall include the power to | ||||||
2 | promulgate rules providing for the issuance and
revocation of | ||||||
3 | permits allowing the self service dispensing of motor
fuels as | ||||||
4 | such term is defined in the Motor Fuel Tax Law in
retail | ||||||
5 | service stations or any other place of business where
motor | ||||||
6 | fuels are dispensed into the fuel tanks of motor
vehicles, | ||||||
7 | internal combustion engines or portable containers.
Such rules | ||||||
8 | shall specify the requirements that must be met both
prior and | ||||||
9 | subsequent to the issuance of such permits in order to
insure | ||||||
10 | the safety and welfare of the general public. The
operation of | ||||||
11 | such service stations without a permit shall be
unlawful. The | ||||||
12 | Office of the State Fire Marshal shall revoke such
permit if | ||||||
13 | the self service operation of such a service station
is found | ||||||
14 | to pose a significant risk to the safety and welfare
of the | ||||||
15 | general public. | ||||||
16 | (c) However,
except in any county with a population of | ||||||
17 | 1,000,000 or more, the Office of the State Fire
Marshal shall | ||||||
18 | not have the authority to prohibit the operation of a
service | ||||||
19 | station solely on the basis that it is an unattended
| ||||||
20 | self-service station which utilizes key or card
operated | ||||||
21 | self-service motor fuel dispensing devices. Nothing in
this | ||||||
22 | paragraph shall prohibit the Office of the State Fire
Marshal | ||||||
23 | from adopting reasonable rules and regulations
governing the | ||||||
24 | safety of self-service motor fuel dispensing
devices. | ||||||
25 | (d) The State
Fire Marshal shall not prohibit the | ||||||
26 | dispensing or delivery of flammable or combustible
motor | ||||||
27 | vehicle fuels directly into the fuel tanks of vehicles
from | ||||||
28 | tank trucks, tank wagons, or other portable tanks. The
State | ||||||
29 | Fire Marshal shall adopt rules (i) for the issuance of
permits | ||||||
30 | for the dispensing of motor vehicle fuels in the
manner | ||||||
31 | described in this paragraph (d), (ii) that establish
fees for | ||||||
32 | permits and inspections, and provide for those fees to
be | ||||||
33 | deposited into the Fire Prevention Fund, (iii) that
require the | ||||||
34 | dispensing of motor fuel in the manner described in
this | ||||||
35 | paragraph (d) to meet conditions consistent with
nationally | ||||||
36 | recognized standards such as those of the National
Fire |
| |||||||
| |||||||
1 | Protection Association, and (iv) that restrict the
dispensing | ||||||
2 | of motor vehicle fuels in the manner described in this
| ||||||
3 | paragraph (d) to the following:
| ||||||
4 | (A)
agriculture sites for agricultural purposes,
| ||||||
5 | (B)
construction sites for refueling construction | ||||||
6 | equipment used at the
construction site,
| ||||||
7 | (C)
sites used for the parking, operation, or | ||||||
8 | maintenance of a commercial
vehicle fleet, but only if the | ||||||
9 | site is located in a county
with 3,000,000 or more | ||||||
10 | inhabitants or a county
contiguous to a county with | ||||||
11 | 3,000,000 or more inhabitants
and the site is not normally | ||||||
12 | accessible to the public,
and
| ||||||
13 | (D)
sites used for the refueling of police, fire, or | ||||||
14 | emergency medical services
vehicles or other vehicles that | ||||||
15 | are owned, leased, or operated
by (or operated under | ||||||
16 | contract with) the State, a
unit of local government, or a | ||||||
17 | school district, or any agency
of the State and that are | ||||||
18 | not normally accessible to the
public. | ||||||
19 | (2) (a) The
Office of the State Fire Marshal shall adopt | ||||||
20 | rules and regulations regarding underground storage
tanks and | ||||||
21 | associated piping and no municipality or other
political | ||||||
22 | subdivision shall adopt or enforce any ordinances or
| ||||||
23 | regulations regarding such underground tanks and
piping other | ||||||
24 | than those which are identical to the rules and
regulations of | ||||||
25 | the Office of the State Fire Marshal. It is declared
to be the | ||||||
26 | law of this State, pursuant to paragraphs (h) and (i)
of | ||||||
27 | Section 6 of Article VII of the Illinois Constitution,
that the | ||||||
28 | establishment and enforcement of standards regarding
| ||||||
29 | underground storage tanks and associated piping within
the | ||||||
30 | jurisdiction of the Office of the State Fire Marshal
is an | ||||||
31 | exclusive State function which may not be exercised
| ||||||
32 | concurrently by a home rule unit except as expressly
permitted | ||||||
33 | in this Act. | ||||||
34 | (b) The Office of
the State Fire Marshal may enter into | ||||||
35 | written contracts with municipalities of over 500,000
in | ||||||
36 | population to enforce the rules and regulations
adopted under |
| |||||||
| |||||||
1 | this subsection. | ||||||
2 | (3) (a) The
Office of the State Fire Marshal shall have | ||||||
3 | authority over underground storage tanks which
contain, have | ||||||
4 | contained, or are designed to contain petroleum,
hazardous | ||||||
5 | substances and regulated substances as those terms are
used in | ||||||
6 | Subtitle I of the Hazardous and Solid Waste Amendments
of 1984 | ||||||
7 | (P.L. 98-616), as amended by the Superfund Amendments
and | ||||||
8 | Reauthorization Act of 1986 (P.L. 99-499). The Office
shall | ||||||
9 | have the power with regard to underground storage
tanks to | ||||||
10 | require any person who tests, installs, repairs,
replaces, | ||||||
11 | relines, or removes any underground storage tank
system | ||||||
12 | containing, formerly containing, or which is designed
to | ||||||
13 | contain petroleum or other regulated substances, to
obtain a | ||||||
14 | permit to install, repair, replace, reline, or remove
the | ||||||
15 | particular tank system, and to pay a fee set by the
Office for | ||||||
16 | a permit to install, repair, replace, reline, upgrade,
test, or | ||||||
17 | remove any portion of an underground storage tank
system. All | ||||||
18 | persons who do repairs above grade level for
themselves need | ||||||
19 | not pay a fee or be certified. All fees received by
the Office | ||||||
20 | from certification and permits shall be deposited in
the Fire | ||||||
21 | Prevention Fund for the exclusive use of the Office in
| ||||||
22 | administering the Underground Storage Tank
program. | ||||||
23 | (b) (i) Within
120 days after the promulgation of | ||||||
24 | regulations or amendments thereto by the Administrator
of the | ||||||
25 | United States Environmental Protection Agency to
implement | ||||||
26 | Section 9003 of Subtitle I of the Hazardous and Solid
Waste | ||||||
27 | Amendments of 1984 (P.L. 98-616) of the Resource
Conservation | ||||||
28 | and Recovery Act of 1976 (P.L.
94-580
95-580 ), as amended, the
| ||||||
29 | Office of the State Fire Marshal shall adopt
regulations or | ||||||
30 | amendments thereto which are identical in substance.
The | ||||||
31 | rulemaking provisions of Section 5-35 of the Illinois
| ||||||
32 | Administrative Procedure Act shall not apply to
regulations or | ||||||
33 | amendments thereto adopted pursuant to this
subparagraph (i). | ||||||
34 | (ii) The Office
of the State Fire Marshal may adopt | ||||||
35 | additional regulations relating to an underground
storage tank | ||||||
36 | program that are not inconsistent with and at least as
|
| |||||||
| |||||||
1 | stringent as Section 9003 of Subtitle I of the
Hazardous and | ||||||
2 | Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource | ||||||
3 | Conservation and Recovery Act of 1976 (P.L. 94-580),
as | ||||||
4 | amended, or regulations adopted thereunder. Except as
provided | ||||||
5 | otherwise in subparagraph (i) of this paragraph (b),
the Office | ||||||
6 | of the State Fire Marshal shall not adopt regulations
relating | ||||||
7 | to corrective action at underground storage tanks.
Regulations | ||||||
8 | adopted pursuant to this subsection shall be adopted
in | ||||||
9 | accordance with the procedures for rulemaking in
Section 5-35 | ||||||
10 | of the Illinois Administrative Procedure
Act. | ||||||
11 | (c) The Office of
the State Fire Marshal shall require any | ||||||
12 | person, corporation or other entity who tests an
underground | ||||||
13 | tank or its piping or cathodic protection for another
to report | ||||||
14 | the results of such test to the Office.
| ||||||
15 | (d) In accordance
with constitutional limitations, the | ||||||
16 | Office shall have authority to enter at all reasonable
times | ||||||
17 | upon any private or public property for the purpose
of:
| ||||||
18 | (i)
Inspecting and investigating to ascertain possible | ||||||
19 | violations of this Act, of
regulations thereunder or of | ||||||
20 | permits or terms or conditions
thereof; or
| ||||||
21 | (ii)
In accordance with the provisions of this Act, | ||||||
22 | taking whatever emergency
action, that is necessary or | ||||||
23 | appropriate, to assure that
the public health or safety is | ||||||
24 | not threatened whenever there
is a release or a substantial | ||||||
25 | threat of a release of
petroleum or a regulated substance | ||||||
26 | from an underground storage
tank. | ||||||
27 | (e) The Office of
the State Fire Marshal may issue an | ||||||
28 | Administrative Order to any person who it reasonably
believes | ||||||
29 | has violated the rules and regulations governing
underground | ||||||
30 | storage tanks, including the installation, repair,
leak | ||||||
31 | detection, cathodic protection tank testing, removal
or | ||||||
32 | release notification. Such an order shall be served by
| ||||||
33 | registered or certified mail or in person. Any person
served | ||||||
34 | with such an order may appeal such order by submitting
in | ||||||
35 | writing any such appeal to the Office within 10 days
of the | ||||||
36 | date of receipt of such order. The Office shall
conduct an |
| |||||||
| |||||||
1 | administrative hearing governed by the Illinois
Administrative | ||||||
2 | Procedure Act and enter an order to sustain, modify or
revoke | ||||||
3 | such order. Any appeal from such order shall be to the
circuit | ||||||
4 | court of the county in which the violation took place
and shall | ||||||
5 | be governed by the Administrative Review
Law. | ||||||
6 | (f) The Office of
the State Fire Marshal shall not require | ||||||
7 | the removal of an underground tank system taken out of
| ||||||
8 | operation before January 2, 1974, except in the case
in which | ||||||
9 | the office of the State Fire Marshal has determined
that a | ||||||
10 | release from the underground tank system poses a
current or | ||||||
11 | potential threat to human health and the environment.
In that | ||||||
12 | case, and upon receipt of an Order from the Office of
the State | ||||||
13 | Fire Marshal, the owner or operator of the
nonoperational | ||||||
14 | underground tank system shall assess the excavation
zone and | ||||||
15 | close the system in accordance with regulations
promulgated by | ||||||
16 | the Office of the State Fire Marshal.
| ||||||
17 | (4) (a) The
Office of the State Fire Marshal shall adopt | ||||||
18 | rules and regulations regarding aboveground storage
tanks and | ||||||
19 | associated piping and no municipality or other
political | ||||||
20 | subdivision shall adopt or enforce any ordinances or
| ||||||
21 | regulations regarding such aboveground tanks and
piping other | ||||||
22 | than those which are identical to the rules and
regulations of | ||||||
23 | the Office of the State Fire Marshal unless, in the
interest of | ||||||
24 | fire safety, the Office of the State Fire Marshal
delegates | ||||||
25 | such authority to municipalities, political
subdivisions or | ||||||
26 | home rule units. It is declared to be the law of this
State, | ||||||
27 | pursuant to paragraphs (h) and (i) of Section 6 of
Article VII | ||||||
28 | of the Illinois Constitution, that the establishment
of | ||||||
29 | standards regarding aboveground storage tanks and
associated | ||||||
30 | piping within the jurisdiction of the Office of the
State Fire | ||||||
31 | Marshal is an exclusive State function which may not
be | ||||||
32 | exercised concurrently by a home rule unit except as
expressly | ||||||
33 | permitted in this Act. | ||||||
34 | (b) The Office of
the State Fire Marshal shall enforce its | ||||||
35 | rules and regulations concerning aboveground storage
tanks and | ||||||
36 | associated piping; however, municipalities may enforce
any of |
| |||||||
| |||||||
1 | their zoning ordinances or zoning regulations
regarding | ||||||
2 | aboveground tanks. The Office of the State Fire
Marshal may | ||||||
3 | issue an administrative order to any owner of an
aboveground | ||||||
4 | storage tank and associated piping it reasonably
believes to be | ||||||
5 | in violation of such rules and regulations to remedy
or remove | ||||||
6 | any such violation. Such an order shall be served by
registered | ||||||
7 | or certified mail or in person. Any person served with
such an | ||||||
8 | order may appeal such order by submitting in writing
any such | ||||||
9 | appeal to the Office within 10 days of the date of
receipt of | ||||||
10 | such order. The Office shall conduct an administrative
hearing | ||||||
11 | governed by the Illinois Administrative Procedure Act
and enter | ||||||
12 | an order to sustain, modify or revoke such order. Any
appeal | ||||||
13 | from such order shall be to the circuit court of the
county in | ||||||
14 | which the violation took place and shall be governed
by the | ||||||
15 | Administrative Review Law. | ||||||
16 | (Source: P.A. 91-851, eff. 1-1-01; 92-618, eff.
7-11-02; | ||||||
17 | revised 10-9-03.) | ||||||
18 | Section 430.
The Animal Control Act is amended by changing | ||||||
19 | Section 10 as follows:
| ||||||
20 | (510 ILCS
5/10) (from Ch. 8, par.
360)
| ||||||
21 | Sec. 10.
Impoundment; redemption. When dogs or
cats are | ||||||
22 | apprehended and impounded by the Administrator, they
must be | ||||||
23 | scanned for the presence of a microchip. The
Administrator | ||||||
24 | shall make every reasonable attempt to contact the
owner as | ||||||
25 | soon as possible. The Administrator shall give notice
of not | ||||||
26 | less than 7 business days to the owner prior to
disposal of the | ||||||
27 | animal. Such notice shall be mailed to the last known
address | ||||||
28 | of the owner. Testimony of the Administrator, or his
or her | ||||||
29 | authorized agent, who mails such notice shall be
evidence of | ||||||
30 | the receipt of such notice by the owner of the
animal. | ||||||
31 | In case the owner
of any impounded dog or cat desires to | ||||||
32 | make redemption thereof, he or she may do so
by doing
on the | ||||||
33 | following
conditions :
| ||||||
34 | a.
presenting
present proof of current rabies
|
| |||||||
| |||||||
1 | inoculation ,
and registration, if applicable ;
, or
| ||||||
2 | b.
paying
pay for the rabies inoculation
of the dog or | ||||||
3 | cat ,
and registration, if applicable ;
, and
| ||||||
4 | c.
paying
pay the pound for the board of
the dog or cat | ||||||
5 | for the period it was
impounded ;
,
| ||||||
6 | d.
paying
pay into the Animal Control
Fund an | ||||||
7 | additional impoundment fee as
prescribed by the Board as a | ||||||
8 | penalty for the first offense
and for each subsequent | ||||||
9 | offense; and
| ||||||
10 | e.
paying
pay for microchipping and
registration if not | ||||||
11 | already done.
| ||||||
12 | Animal control
facilities that are open to the public 7 | ||||||
13 | days per week for animal reclamation are exempt from
the | ||||||
14 | business day requirement. | ||||||
15 | The payments
required for redemption under this
Section | ||||||
16 | shall be in addition to any other penalties invoked
under this | ||||||
17 | Act. | ||||||
18 | (Source: P.A. 93-548, eff. 8-19-03; revised
10-9-03.) | ||||||
19 | Section 435.
The Humane Care for Animals Act is amended by | ||||||
20 | changing Section 4.01 as
follows:
| ||||||
21 | (510 ILCS
70/4.01) (from Ch. 8, par.
704.01)
| ||||||
22 | Sec. 4.01.
Animals in entertainment. This Section does not
| ||||||
23 | apply when the only animals involved are dogs.
(Section 26-5 of | ||||||
24 | the Criminal Code of 1961, rather than this Section,
applies | ||||||
25 | when the only animals involved are dogs.)
| ||||||
26 | (a) No person may
own, capture, breed, train, or lease any | ||||||
27 | animal which he or she knows or should know is
intended for use | ||||||
28 | in any show, exhibition, program, or other activity
featuring | ||||||
29 | or otherwise involving a fight between such animal and
any | ||||||
30 | other animal or human, or the intentional killing of
any animal | ||||||
31 | for the purpose of sport, wagering, or
entertainment. | ||||||
32 | (b) No person
shall promote, conduct, carry on, advertise, | ||||||
33 | collect money for or in any other manner assist or aid
in the | ||||||
34 | presentation for purposes of sport, wagering, or
|
| |||||||
| |||||||
1 | entertainment, any show, exhibition, program, or other
| ||||||
2 | activity involving a fight between 2 or more animals
or any | ||||||
3 | animal and human, or the intentional killing of any
animal. | ||||||
4 | (c) No person
shall sell or offer for sale, ship, | ||||||
5 | transport, or otherwise move, or deliver or receive
any animal | ||||||
6 | which he or she knows or should know has been
captured, bred, | ||||||
7 | or trained, or will be used, to fight another animal
or human | ||||||
8 | or be intentionally killed, for the purpose of sport,
wagering, | ||||||
9 | or entertainment. | ||||||
10 | (d) No person
shall manufacture for sale, shipment, | ||||||
11 | transportation or delivery any device or equipment
which that | ||||||
12 | person knows or should know is intended for use in any
show, | ||||||
13 | exhibition, program, or other activity featuring or
otherwise | ||||||
14 | involving a fight between 2 or more animals, or any
human and | ||||||
15 | animal, or the intentional killing of any animal for
purposes | ||||||
16 | of sport, wagering or entertainment.
| ||||||
17 | (e) No person
shall own, possess, sell or offer for sale, | ||||||
18 | ship, transport, or otherwise move any equipment or
device | ||||||
19 | which such person knows or should know is intended for
use in | ||||||
20 | connection with any show, exhibition, program, or
activity | ||||||
21 | featuring or otherwise involving a fight between 2 or
more | ||||||
22 | animals, or any animal and human, or the intentional
killing of | ||||||
23 | any animal for purposes of sport, wagering or
entertainment. | ||||||
24 | (f) No person
shall make available any site, structure, or | ||||||
25 | facility, whether enclosed or not, which he or she
knows or | ||||||
26 | should know is intended to be used for the purpose of
| ||||||
27 | conducting any show, exhibition, program, or other
activity | ||||||
28 | involving a fight between 2 or more animals, or any
animal and | ||||||
29 | human, or the intentional killing of any
animal. | ||||||
30 | (g) No person
shall attend or otherwise patronize any show, | ||||||
31 | exhibition, program, or other activity featuring or
otherwise | ||||||
32 | involving a fight between 2 or more animals, or any
animal and | ||||||
33 | human, or the intentional killing of any animal for
the | ||||||
34 | purposes of sport, wagering or
entertainment. | ||||||
35 | (h)
(Blank). | ||||||
36 | (i) Any animals
or equipment involved in a violation of |
| |||||||
| |||||||
1 | this Section shall be immediately seized and impounded
under | ||||||
2 | Section 12 by the Department when located at any show,
| ||||||
3 | exhibition, program, or other activity featuring or
otherwise | ||||||
4 | involving an animal fight for the purposes of sport,
wagering, | ||||||
5 | or entertainment. | ||||||
6 | (j) Any vehicle
or conveyance other than a common carrier | ||||||
7 | that is used in violation of this Section shall be
seized, | ||||||
8 | held, and offered for sale at public auction by the
sheriff's | ||||||
9 | department of the proper jurisdiction, and the
proceeds from | ||||||
10 | the sale shall be remitted to the general fund of the
county | ||||||
11 | where the violation took place.
| ||||||
12 | (k) Any
veterinarian in this State who is presented with an | ||||||
13 | animal for treatment of injuries or wounds resulting
from | ||||||
14 | fighting where there is a reasonable possibility that
the | ||||||
15 | animal was engaged in or utilized for a fighting event
for the | ||||||
16 | purposes of sport, wagering, or entertainment shall
file a | ||||||
17 | report with the Department and cooperate by furnishing
the | ||||||
18 | owners' names, dates, and descriptions of the animal
or animals | ||||||
19 | involved. Any veterinarian who in good faith complies
with the | ||||||
20 | requirements of this subsection has immunity from any
| ||||||
21 | liability, civil, criminal, or otherwise, that may
result from | ||||||
22 | his or her actions. For the purposes of any
proceedings, civil | ||||||
23 | or criminal, the good faith of the veterinarian shall
be | ||||||
24 | rebuttably presumed. | ||||||
25 | (l) No person
shall solicit a minor to violate this | ||||||
26 | Section. | ||||||
27 | (m) The penalties
for violations of this Section shall be | ||||||
28 | as follows:
| ||||||
29 | (1)
A person convicted of violating subsection (a), | ||||||
30 | (b), or (c) of this Section or
any rule, regulation, or | ||||||
31 | order of the Department
pursuant thereto is guilty of a | ||||||
32 | Class A misdemeanor for the
first offense. A second or | ||||||
33 | subsequent offense involving
the violation of subsection | ||||||
34 | (a), (b), or (c) of this
Section or any rule, regulation, | ||||||
35 | or order of the Department
pursuant thereto is a Class 4 | ||||||
36 | felony.
|
| |||||||
| |||||||
1 | (2)
A person convicted of violating subsection (d), | ||||||
2 | (e), or (f) of this Section or
any rule, regulation, or | ||||||
3 | order of the Department
pursuant thereto is guilty of a | ||||||
4 | Class A misdemeanor for the
first offense. A second or | ||||||
5 | subsequent violation is a
Class 4 felony.
| ||||||
6 | (3)
A person convicted of violating subsection (g) of | ||||||
7 | this Section or any rule,
regulation, or order of the | ||||||
8 | Department pursuant thereto is
guilty of a Class C | ||||||
9 | misdemeanor.
| ||||||
10 | (4)
A person convicted of violating subsection (l) of | ||||||
11 | this Section is guilty of a
Class A misdemeanor. | ||||||
12 | (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff.
1-1-02; 92-650, | ||||||
13 | eff. 7-11-02; 92-651, eff. 7-11-02; revised
11-21-02.) | ||||||
14 | Section 440.
The Wildlife Code is amended by changing | ||||||
15 | Section 2.25 as follows:
| ||||||
16 | (520 ILCS
5/2.25) (from Ch. 61, par.
2.25)
| ||||||
17 | Sec. 2.25.
It shall be unlawful for any person to take deer
| ||||||
18 | except (i) with a shotgun, handgun, or muzzleloading
rifle or | ||||||
19 | (ii) as provided by administrative rule, with a bow
and arrow, | ||||||
20 | or crossbow device for handicapped persons as defined
in | ||||||
21 | Section 2.33, during the open season of not more than
14 days | ||||||
22 | which will be set annually by the Director between the
dates of | ||||||
23 | November 1st and December 31st, both inclusive. For
the | ||||||
24 | purposes of this Section, legal handguns include any
centerfire | ||||||
25 | handguns of .30 caliber or larger with a minimum
barrel length | ||||||
26 | of 4 inches. The only legal ammunition for a
centerfire handgun | ||||||
27 | is a cartridge of .30 caliber or larger with a
capability of at | ||||||
28 | least 500 foot pounds of energy at the muzzle. Full
metal | ||||||
29 | jacket bullets may not be used to harvest
deer. | ||||||
30 | The Department
shall make administrative rules concerning | ||||||
31 | management restrictions applicable to the firearm and
bow and | ||||||
32 | arrow season. | ||||||
33 | It shall be
unlawful for any person to take deer except | ||||||
34 | with a bow and arrow, or crossbow device for
handicapped |
| |||||||
| |||||||
1 | persons (as defined in Section 2.33), during the open
season | ||||||
2 | for bow and arrow set annually by the Director between
the | ||||||
3 | dates of September 1st and January 31st, both
inclusive. | ||||||
4 | It shall be
unlawful for any person to take deer except | ||||||
5 | with (i) a muzzleloading rifle, or (ii) bow and arrow,
or | ||||||
6 | crossbow device for handicapped persons as defined in
Section | ||||||
7 | 2.33, during the open season for muzzleloading rifles
set | ||||||
8 | annually by the Director. | ||||||
9 | The Director
shall cause an administrative rule setting | ||||||
10 | forth the prescribed rules and regulations, including
bag and | ||||||
11 | possession limits and those counties of the State
where open | ||||||
12 | seasons are established, to be published in accordance
with | ||||||
13 | Sections 1.3 and 1.13 of this Act.
| ||||||
14 | The Department
may establish separate harvest periods for | ||||||
15 | the purpose of managing or eradicating disease that
has been | ||||||
16 | found in the deer herd. This season shall be
restricted to gun | ||||||
17 | or bow and arrow hunting only. The Department shall
publicly | ||||||
18 | announce, via statewide news release, the season dates
and | ||||||
19 | shooting hours, the counties and sites open to
hunting, permit | ||||||
20 | requirements, application dates, hunting rules, legal
weapons, | ||||||
21 | and reporting requirements. | ||||||
22 | The Department is
authorized to establish a separate | ||||||
23 | harvest period at specific sites within the State for
the | ||||||
24 | purpose of harvesting surplus deer that cannot be
taken during | ||||||
25 | the regular season provided for the taking of deer.
This season | ||||||
26 | shall be restricted to gun or bow and arrow hunting
only and | ||||||
27 | shall be established during the period of September
1st to | ||||||
28 | February 15th, both inclusive. The Department shall
publish | ||||||
29 | suitable prescribed rules and regulations established
by | ||||||
30 | administrative rule pertaining to management
restrictions | ||||||
31 | applicable to this special harvest
program. | ||||||
32 | (Source: P.A. 93-37, eff. 6-25-03; 93-554, eff.
8-20-03; | ||||||
33 | revised 9-15-03.) | ||||||
34 | Section 445.
The Illinois Open Land Trust Act is amended by | ||||||
35 | changing Section 10 as follows:
|
| |||||||
| |||||||
1 | (525 ILCS
33/10)
| ||||||
2 | Sec. 10.
Definitions. As used in this Act:
| ||||||
3 | "Conservation and
recreation purposes" means activities | ||||||
4 | that are consistent with the protection and
preservation of | ||||||
5 | open lands, natural areas, wetlands, prairies,
forests, | ||||||
6 | watersheds, resource-rich areas, greenways, and fish
and | ||||||
7 | wildlife habitats, including multiple use such as
hunting, | ||||||
8 | fishing, trapping, and other recreational
uses. | ||||||
9 | "Conservation
easement" means a nonpossessory interest in | ||||||
10 | real property imposing limitations or affirmative
obligations | ||||||
11 | the purposes of which include retaining or protecting
natural, | ||||||
12 | scenic, or open-space values of real property,
assuring its | ||||||
13 | availability for forest, recreational, or open-space
use, | ||||||
14 | protecting natural resources, maintaining or enhancing
air or | ||||||
15 | water quality, or preserving the natural, historical,
| ||||||
16 | architectural,
archaeological
archacological , or cultural
| ||||||
17 | aspects of real property. A conservation easement may
be | ||||||
18 | released at any time by mutual consent of the
parties. | ||||||
19 | "Department"
means the Department of Natural Resources. | ||||||
20 | "Natural area"
means an area of land that either retains or | ||||||
21 | has recovered to a substantial degree its original
natural or | ||||||
22 | primeval character, though it need not be completely
| ||||||
23 | undisturbed, or has floral, faunal, ecological,
geological, or | ||||||
24 | archaeological features of scientific, educational,
scenic, or | ||||||
25 | esthetic interest. | ||||||
26 | "Open space"
means those undeveloped or minimally | ||||||
27 | developed lands that conserve and protect valuable
natural | ||||||
28 | features or processes. | ||||||
29 | "Real property"
means land, including improvements | ||||||
30 | existing on the land. | ||||||
31 | "Units of local
government" means counties, townships, | ||||||
32 | municipalities, park districts, conservation
districts, forest | ||||||
33 | preserve districts, river conservancy districts, and
any other | ||||||
34 | units of local government empowered to expend public
funds for | ||||||
35 | the acquisition and development of land for public
outdoor |
| |||||||
| |||||||
1 | park, recreation, or conservation
purposes. | ||||||
2 | (Source: P.A. 91-220, eff. 7-21-99; revised
10-9-03.) | ||||||
3 | Section 450.
The Illinois Highway Code is amended by | ||||||
4 | changing Sections 5-701.2, 6-201.7, and 6-201.21 as
follows:
| ||||||
5 | (605 ILCS
5/5-701.2) (from Ch. 121, par.
5-701.2)
| ||||||
6 | Sec.
5-701.2 . Any county board,
with the approval of the | ||||||
7 | Department, may also use motor fuel tax money allotted
to it | ||||||
8 | for construction of State highways within the
county. | ||||||
9 | (Source: Laws 1959, p. 196; revised
1-21-04.)
| ||||||
10 | (605 ILCS
5/6-201.7) (from Ch. 121, par.
6-201.7)
| ||||||
11 | Sec. 6-201.7.
Construct, maintain and repair and be | ||||||
12 | responsible for the construction, maintenance and
repair of | ||||||
13 | roads within the district, let contracts, employ labor
and | ||||||
14 | purchase material and machinery therefor, subject to
the | ||||||
15 | limitations provided in this Code. Contracts, labor,
| ||||||
16 | machinery, disposal, and incidental expenses related
to | ||||||
17 | special services under Section 6-201.21 of this Code
constitute | ||||||
18 | maintenance, for purposes of this
Section. | ||||||
19 | Except for
professional services, when the cost of | ||||||
20 | construction, materials, supplies, new machinery or
equipment | ||||||
21 | exceeds $10,000, the contract for such construction,
| ||||||
22 | materials, supplies, machinery or equipment shall be
let to the | ||||||
23 | lowest responsible bidder after advertising for bids
at least | ||||||
24 | once, and at least 10 days prior to the time set for
the | ||||||
25 | opening of such bids, in a newspaper published within
the | ||||||
26 | township or road district, or, if no newspaper is
published | ||||||
27 | within the township or road district then in one
published | ||||||
28 | within the county, or, if no newspaper is published
within the | ||||||
29 | county then in a newspaper having general circulation
within | ||||||
30 | the township or road district, but, in case of an
emergency, | ||||||
31 | such contract may be let without advertising for bids.
For | ||||||
32 | purposes of this Section "new machinery or equipment"
shall be | ||||||
33 | defined as that which has been previously untitled or
that |
| |||||||
| |||||||
1 | which shows fewer than 200 hours on its operating
clock and | ||||||
2 | that is accompanied by a new equipment manufacturer's
warranty. | ||||||
3 | (Source: P.A. 92-268, eff. 1-1-02; 93-109, eff.
7-8-03; 93-164, | ||||||
4 | eff. 7-10-03; 93-610, eff. 11-18-03; revised
12-4-03.) | ||||||
5 | (605 ILCS
5/6-201.21)
| ||||||
6 | Sec. 6-201.21.
Special services; disaster relief. Subject
| ||||||
7 | to Section 30-117 of the Township Code, the highway
| ||||||
8 | commissioner has authority to provide for orderly
collection | ||||||
9 | and disposal of brush and leaves that have been
properly placed | ||||||
10 | for collection along the road district rights-of-way
in | ||||||
11 | accordance with local guidelines in those townships or
counties | ||||||
12 | that regulate by ordinance open burning of brush or
leaves. | ||||||
13 | Further, the highway commissioner has authority to
provide | ||||||
14 | necessary relief services following the occurrence of
an event | ||||||
15 | that has been declared a disaster by State or local
officials. | ||||||
16 | The highway commissioner has purchasing authority,
subject to | ||||||
17 | Section 6-201.6, and contractual authority as defined
in of | ||||||
18 | Section 6-201.7 of this Code.
| ||||||
19 | (Source: P.A. 93-109, eff. 7-8-03; 93-610, eff.
11-18-03; | ||||||
20 | revised 12-4-03.) | ||||||
21 | Section 455.
The Illinois Vehicle Code is amended by | ||||||
22 | changing Sections 2-123, 3-412, 3-413, 3-621, 3-622,
3-625, | ||||||
23 | 3-803, 3-815.1, 6-411, 6-500, 6-508, 11-501, 11-605,
11-1201, | ||||||
24 | 11-1414, 15-111, and 18b-105 and setting forth and
renumbering | ||||||
25 | multiple versions of Sections 3-648, 3-653, and 3-654
as | ||||||
26 | follows:
| ||||||
27 | (625 ILCS
5/2-123) (from Ch. 95 1/2, par.
2-123)
| ||||||
28 | Sec. 2-123.
Sale and Distribution of Information.
| ||||||
29 | (a) Except as
otherwise provided in this Section, the | ||||||
30 | Secretary may make the driver's license, vehicle and
title | ||||||
31 | registration lists, in part or in whole, and any
statistical | ||||||
32 | information derived from these lists available to
local | ||||||
33 | governments, elected state officials, state
educational |
| |||||||
| |||||||
1 | institutions, and all other governmental units of the
State and | ||||||
2 | Federal Government requesting them for governmental
purposes. | ||||||
3 | The Secretary shall require any such applicant for
services to | ||||||
4 | pay for the costs of furnishing such services and the
use of | ||||||
5 | the equipment involved, and in addition is empowered
to | ||||||
6 | establish prices and charges for the services so
furnished and | ||||||
7 | for the use of the electronic equipment
utilized. | ||||||
8 | (b) The Secretary
is further empowered to and he may, in | ||||||
9 | his discretion, furnish to any applicant, other than
listed in | ||||||
10 | subsection (a) of this Section, vehicle or driver data
on a | ||||||
11 | computer tape, disk, other electronic format or
computer | ||||||
12 | processable medium, or printout at a fixed fee of $250
for | ||||||
13 | orders received before October 1, 2003 and $500 for
orders | ||||||
14 | received on or after October 1, 2003, in advance, and
require | ||||||
15 | in addition a further sufficient deposit based upon
the | ||||||
16 | Secretary of State's estimate of the total cost of the
| ||||||
17 | information requested and a charge of $25 for orders
received | ||||||
18 | before October 1, 2003 and $50 for orders received on
or after | ||||||
19 | October 1, 2003, per 1,000 units or part thereof
identified or | ||||||
20 | the actual cost, whichever is greater. The Secretary
is | ||||||
21 | authorized to refund any difference between the
additional | ||||||
22 | deposit and the actual cost of the request. This
service shall | ||||||
23 | not be in lieu of an abstract of a driver's record nor
of a | ||||||
24 | title or registration search. This service may be
limited to | ||||||
25 | entities purchasing a minimum number of records as
required by | ||||||
26 | administrative rule. The information sold pursuant to
this | ||||||
27 | subsection shall be the entire vehicle or driver data
list, or | ||||||
28 | part thereof. The information sold pursuant to this
subsection | ||||||
29 | shall not contain personally identifying information
unless | ||||||
30 | the information is to be used for one of the purposes
| ||||||
31 | identified in subsection (f-5) of this Section.
Commercial | ||||||
32 | purchasers of driver and vehicle record databases
shall enter | ||||||
33 | into a written agreement with the Secretary of State
that | ||||||
34 | includes disclosure of the commercial use of the
information to | ||||||
35 | be purchased. | ||||||
36 | (c) Secretary of
State may issue registration lists. The |
| |||||||
| |||||||
1 | Secretary of State shall compile and publish, at least
| ||||||
2 | annually, a list of all registered vehicles. Each list
of | ||||||
3 | registered vehicles shall be arranged serially
according to the | ||||||
4 | registration numbers assigned to registered vehicles
and shall | ||||||
5 | contain in addition the names and addresses of
registered | ||||||
6 | owners and a brief description of each vehicle
including the | ||||||
7 | serial or other identifying number thereof. Such
compilation | ||||||
8 | may be in such form as in the discretion of the
Secretary of | ||||||
9 | State may seem best for the purposes
intended. | ||||||
10 | (d) The Secretary
of State shall furnish no more than 2 | ||||||
11 | current available lists of such registrations to the
sheriffs | ||||||
12 | of all counties and to the chiefs of police of all
cities and | ||||||
13 | villages and towns of 2,000 population and over in
this State | ||||||
14 | at no cost. Additional copies may be purchased by the
sheriffs | ||||||
15 | or chiefs of police at the fee of $500 each or at the
cost of | ||||||
16 | producing the list as determined by the Secretary of
State. | ||||||
17 | Such lists are to be used for governmental purposes
only. | ||||||
18 | (e)
(Blank). | ||||||
19 | (e-1)
(Blank). | ||||||
20 | (f) The Secretary
of State shall make a title or | ||||||
21 | registration search of the records of his office and a
written | ||||||
22 | report on the same for any person, upon written
application of | ||||||
23 | such person, accompanied by a fee of $5 for each
registration | ||||||
24 | or title search. The written application shall set
forth the | ||||||
25 | intended use of the requested information. No fee
shall be | ||||||
26 | charged for a title or registration search, or for the
| ||||||
27 | certification thereof requested by a government
agency. The | ||||||
28 | report of the title or registration search shall not
contain | ||||||
29 | personally identifying information unless the request
for a | ||||||
30 | search was made for one of the purposes identified in
| ||||||
31 | subsection (f-5) of this Section.
| ||||||
32 | The Secretary of
State shall certify a title or | ||||||
33 | registration record upon written request. The fee for
| ||||||
34 | certification shall be $5 in addition to the fee
required for a | ||||||
35 | title or registration search. Certification shall be
made under | ||||||
36 | the signature of the Secretary of State and shall be
|
| |||||||
| |||||||
1 | authenticated by Seal of the Secretary of
State. | ||||||
2 | The Secretary of
State may notify the vehicle owner or | ||||||
3 | registrant of the request for purchase of his title or
| ||||||
4 | registration information as the Secretary deems
appropriate. | ||||||
5 | No information
shall be released to the requestor until | ||||||
6 | expiration of a 10 day period. This 10 day period
shall not | ||||||
7 | apply to requests for information made by law
enforcement | ||||||
8 | officials, government agencies, financial
institutions, | ||||||
9 | attorneys, insurers, employers, automobile associated
| ||||||
10 | businesses, persons licensed as a private detective or
firms | ||||||
11 | licensed as a private detective agency under the
Private | ||||||
12 | Detective, Private Alarm, Private Security, and
Locksmith Act | ||||||
13 | of 2004, who are employed by or are acting on behalf
of law | ||||||
14 | enforcement officials, government agencies, financial
| ||||||
15 | institutions, attorneys, insurers, employers,
automobile | ||||||
16 | associated businesses, and other business entities for
| ||||||
17 | purposes consistent with the Illinois Vehicle Code,
the vehicle | ||||||
18 | owner or registrant or other entities as the Secretary
may | ||||||
19 | exempt by rule and regulation.
| ||||||
20 | Any
misrepresentation made by a requestor of title or | ||||||
21 | vehicle information shall be punishable as a petty
offense, | ||||||
22 | except in the case of persons licensed as a private
detective | ||||||
23 | or firms licensed as a private detective agency which
shall be | ||||||
24 | subject to disciplinary sanctions under Section 40-10
of the | ||||||
25 | Private Detective, Private Alarm, Private Security,
and | ||||||
26 | Locksmith Act of 2004. | ||||||
27 | (f-5) The
Secretary of State shall not disclose or | ||||||
28 | otherwise make available to any person or entity any
personally | ||||||
29 | identifying information obtained by the Secretary of
State in | ||||||
30 | connection with a driver's license, vehicle, or title
| ||||||
31 | registration record unless the information is
disclosed for one | ||||||
32 | of the following purposes:
| ||||||
33 | (1)
For use by any government agency, including any | ||||||
34 | court or law enforcement
agency, in carrying out its | ||||||
35 | functions, or any private
person or entity acting on behalf | ||||||
36 | of a federal, State, or local
agency in carrying out its |
| |||||||
| |||||||
1 | functions.
| ||||||
2 | (2)
For use in connection with matters of motor vehicle | ||||||
3 | or driver safety and theft;
motor vehicle emissions; motor | ||||||
4 | vehicle product alterations,
recalls, or advisories; | ||||||
5 | performance monitoring of
motor vehicles, motor vehicle | ||||||
6 | parts, and dealers; and
removal of non-owner records from | ||||||
7 | the original owner records of
motor vehicle manufacturers.
| ||||||
8 | (3)
For use in the normal course of business by a | ||||||
9 | legitimate business or its
agents, employees, or | ||||||
10 | contractors, but
only:
| ||||||
11 | (A)
to verify the accuracy of personal information | ||||||
12 | submitted
by an individual to the business or its | ||||||
13 | agents,
employees, or contractors; and
| ||||||
14 | (B)
if such information as so submitted is not | ||||||
15 | correct or
is no longer correct, to obtain the correct | ||||||
16 | information,
but only for the purposes of preventing | ||||||
17 | fraud
by, pursuing legal remedies against, or | ||||||
18 | recovering
on a debt or security interest against, the | ||||||
19 | individual.
| ||||||
20 | (4)
For use in research activities and for use in | ||||||
21 | producing statistical reports,
if the personally | ||||||
22 | identifying information is not
published, redisclosed, or | ||||||
23 | used to contact
individuals.
| ||||||
24 | (5)
For use in connection with any civil, criminal, | ||||||
25 | administrative, or arbitral
proceeding in any federal, | ||||||
26 | State, or local court or
agency or before any | ||||||
27 | self-regulatory body,
including the service of process, | ||||||
28 | investigation in anticipation
of litigation, and the | ||||||
29 | execution or enforcement of
judgments and orders, or | ||||||
30 | pursuant to an order of a
federal, State, or local court.
| ||||||
31 | (6)
For use by any insurer or insurance support | ||||||
32 | organization or by a
self-insured entity or its agents, | ||||||
33 | employees, or contractors in
connection with claims | ||||||
34 | investigation activities,
antifraud activities, rating, or | ||||||
35 | underwriting.
| ||||||
36 | (7)
For use in providing notice to the owners of towed
|
| |||||||
| |||||||
1 | or impounded
vehicles.
| ||||||
2 | (8)
For use by any private investigative agency or | ||||||
3 | security service licensed in
Illinois for any purpose | ||||||
4 | permitted under this
subsection.
| ||||||
5 | (9)
For use by an employer or its agent or insurer to | ||||||
6 | obtain or verify information
relating to a holder of a | ||||||
7 | commercial driver's license
that is required under chapter | ||||||
8 | 313 of title 49 of the United
States Code.
| ||||||
9 | (10)
For use in connection with the operation of | ||||||
10 | private toll transportation
facilities.
| ||||||
11 | (11)
For use by any requester, if the requester | ||||||
12 | demonstrates it has obtained
the written consent of the | ||||||
13 | individual to whom the
information pertains.
| ||||||
14 | (12)
For use by members of the news media, as defined | ||||||
15 | in Section 1-148.5, for the
purpose of newsgathering when | ||||||
16 | the request relates to the
operation of a motor vehicle or | ||||||
17 | public safety.
| ||||||
18 | (13)
For any other use specifically authorized by law, | ||||||
19 | if that use is related to the
operation of a motor vehicle | ||||||
20 | or public safety.
| ||||||
21 | (g) 1. The
Secretary of State may, upon receipt of a | ||||||
22 | written request and a fee of
$6 before October 1, 2003 and | ||||||
23 | a fee of $12 on and after
October 1, 2003, furnish to the | ||||||
24 | person or agency so requesting
a driver's record. Such | ||||||
25 | document may include a record
of: current driver's license | ||||||
26 | issuance information, except
that the information on | ||||||
27 | judicial driving permits shall
be available only as | ||||||
28 | otherwise provided by this
Code; convictions; orders | ||||||
29 | entered revoking, suspending
or cancelling a driver's | ||||||
30 | license or privilege; and
notations of accident | ||||||
31 | involvement. All other
information, unless otherwise | ||||||
32 | permitted by this Code, shall
remain confidential. | ||||||
33 | Information released pursuant
to a request for a driver's | ||||||
34 | record shall not contain
personally identifying | ||||||
35 | information, unless the
request for the driver's record was | ||||||
36 | made for one of the purposes
set forth in subsection (f-5) |
| |||||||
| |||||||
1 | of this Section.
| ||||||
2 | 2.
The Secretary of State may certify an abstract of a | ||||||
3 | driver's record upon written
request therefor. Such | ||||||
4 | certification shall be made
under the signature of the | ||||||
5 | Secretary of State and shall
be authenticated by the Seal | ||||||
6 | of his office.
| ||||||
7 | 3.
All requests for driving record information shall be | ||||||
8 | made in a manner prescribed by
the Secretary and shall set | ||||||
9 | forth the intended use of the
requested information.
| ||||||
10 | The
Secretary of State may notify the affected driver | ||||||
11 | of the request for purchase of
his driver's record as the | ||||||
12 | Secretary deems
appropriate.
| ||||||
13 | No
information shall be released to the requester until | ||||||
14 | expiration of a 10 day period.
This 10 day period shall not | ||||||
15 | apply to requests for
information made by law enforcement | ||||||
16 | officials, government
agencies, financial institutions, | ||||||
17 | attorneys, insurers,
employers, automobile associated | ||||||
18 | businesses, persons licensed
as a private detective or | ||||||
19 | firms licensed as a private
detective agency under the | ||||||
20 | Private Detective, Private
Alarm, Private Security, and | ||||||
21 | Locksmith Act of 2004, who are
employed by or are acting on | ||||||
22 | behalf of law enforcement
officials, government agencies, | ||||||
23 | financial institutions,
attorneys, insurers, employers, | ||||||
24 | automobile associated
businesses, and other business | ||||||
25 | entities for purposes
consistent with the Illinois Vehicle | ||||||
26 | Code, the affected driver or
other entities as the | ||||||
27 | Secretary may exempt by rule
and regulation.
| ||||||
28 | Any
misrepresentation made by a requestor of driver | ||||||
29 | information shall be
punishable as a petty offense, except | ||||||
30 | in the case of persons
licensed as a private detective or | ||||||
31 | firms licensed as a private
detective agency which shall be | ||||||
32 | subject to disciplinary
sanctions under Section 40-10 of | ||||||
33 | the Private Detective, Private
Alarm, Private Security, | ||||||
34 | and Locksmith Act of
2004.
| ||||||
35 | 4.
The Secretary of State may furnish without fee, upon | ||||||
36 | the written request of a law
enforcement agency, any |
| |||||||
| |||||||
1 | information from a driver's
record on file with the | ||||||
2 | Secretary of State when such
information is required in the | ||||||
3 | enforcement of this Code or
any other law relating to the | ||||||
4 | operation of motor vehicles,
including records of | ||||||
5 | dispositions; documented
information involving the use of | ||||||
6 | a motor vehicle; whether such
individual has, or previously | ||||||
7 | had, a driver's license; and
the address and personal | ||||||
8 | description as reflected on
said driver's record.
| ||||||
9 | 5.
Except as otherwise provided in this Section, the | ||||||
10 | Secretary of State may
furnish, without fee, information | ||||||
11 | from an individual driver's
record on file, if a written | ||||||
12 | request therefor is submitted
by any public transit system | ||||||
13 | or authority, public defender,
law enforcement agency, a | ||||||
14 | state or federal agency, or an
Illinois local | ||||||
15 | intergovernmental association,
if the request is for the | ||||||
16 | purpose of a background check
of applicants for employment | ||||||
17 | with the requesting agency, or
for the purpose of an | ||||||
18 | official investigation
conducted by the agency, or to | ||||||
19 | determine a current address
for the driver so public funds | ||||||
20 | can be recovered or paid to
the driver, or for any other | ||||||
21 | purpose set forth in
subsection (f-5) of this Section.
| ||||||
22 | The
Secretary may also furnish the courts a copy of an | ||||||
23 | abstract of a driver's record,
without fee, subsequent to | ||||||
24 | an arrest for a violation of
Section 11-501 or a similar | ||||||
25 | provision of a local
ordinance. Such abstract may include | ||||||
26 | records of dispositions;
documented information involving | ||||||
27 | the use of a motor vehicle as
contained in the current | ||||||
28 | file; whether such individual
has, or previously had, a | ||||||
29 | driver's license; and the
address and personal description | ||||||
30 | as reflected on said driver's
record.
| ||||||
31 | 6.
Any certified abstract issued by the Secretary of | ||||||
32 | State or transmitted
electronically by the Secretary of | ||||||
33 | State pursuant to this
Section, to a court or on request of | ||||||
34 | a law enforcement agency, for
the record of a named person | ||||||
35 | as to the status of the
person's driver's license shall be | ||||||
36 | prima facie evidence of the
facts therein stated and if the |
| |||||||
| |||||||
1 | name appearing in such
abstract is the same as that of a | ||||||
2 | person named in an information
or warrant, such abstract | ||||||
3 | shall be prima facie evidence
that the person named in such | ||||||
4 | information or warrant is the
same person as the person | ||||||
5 | named in such abstract and
shall be admissible for any | ||||||
6 | prosecution under this Code
and be admitted as proof of any | ||||||
7 | prior conviction or proof of
records, notices, or orders | ||||||
8 | recorded on individual driving
records maintained by the | ||||||
9 | Secretary of
State.
| ||||||
10 | 7.
Subject to any restrictions contained in the | ||||||
11 | Juvenile Court Act of 1987,
and upon receipt of a proper | ||||||
12 | request and a fee of $6 before
October 1, 2003 and a fee of | ||||||
13 | $12 on or after October 1,
2003, the Secretary of State | ||||||
14 | shall provide a driver's
record to the affected driver, or | ||||||
15 | the affected driver's
attorney, upon verification. Such | ||||||
16 | record shall contain all the
information referred to in | ||||||
17 | paragraph 1 of this subsection
(g) plus: any recorded | ||||||
18 | accident involvement as a
driver; information recorded | ||||||
19 | pursuant to subsection (e) of
Section 6-117 and paragraph | ||||||
20 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
21 | other information, unless
otherwise permitted by this | ||||||
22 | Code, shall remain
confidential. | ||||||
23 | (h) The Secretary
shall not disclose social security | ||||||
24 | numbers except pursuant to a written request by, or
with the | ||||||
25 | prior written consent of, the individual except: (1)
to | ||||||
26 | officers and employees of the Secretary who have a
need to know | ||||||
27 | the social security numbers in performance of their
official | ||||||
28 | duties, (2) to law enforcement officials for a lawful,
civil or | ||||||
29 | criminal law enforcement investigation, and if the
head of the | ||||||
30 | law enforcement agency has made a written request to
the | ||||||
31 | Secretary specifying the law enforcement investigation
for | ||||||
32 | which the social security numbers are being sought,
(3) to the | ||||||
33 | United States Department of Transportation, or any
other State, | ||||||
34 | pursuant to the administration and enforcement of the
| ||||||
35 | Commercial Motor Vehicle Safety Act of 1986, (4)
pursuant to | ||||||
36 | the order of a court of competent jurisdiction, or (5)
to the |
| |||||||
| |||||||
1 | Department of Public Aid for utilization in the child
support | ||||||
2 | enforcement duties assigned to that Department under
| ||||||
3 | provisions of the Public Aid Code after the individual
has | ||||||
4 | received advanced meaningful notification of what
redisclosure | ||||||
5 | is sought by the Secretary in accordance with the
federal | ||||||
6 | Privacy Act. | ||||||
7 | (i)
(Blank). | ||||||
8 | (j) Medical
statements or medical reports received in the | ||||||
9 | Secretary of State's Office shall be confidential. No
| ||||||
10 | confidential information may be open to public
inspection or | ||||||
11 | the contents disclosed to anyone, except officers and
employees | ||||||
12 | of the Secretary who have a need to know the
information | ||||||
13 | contained in the medical reports and the Driver
License Medical | ||||||
14 | Advisory Board, unless so directed by an order of a
court of | ||||||
15 | competent jurisdiction. | ||||||
16 | (k) All fees
collected under this Section shall be paid | ||||||
17 | into the Road Fund of the State Treasury, except that
(i) for | ||||||
18 | fees collected before October 1, 2003, $3 of the $6
fee for a | ||||||
19 | driver's record shall be paid into the Secretary of
State | ||||||
20 | Special Services Fund, (ii) for fees collected on and
after | ||||||
21 | October 1, 2003, of the $12 fee for a driver's record,
$3 shall | ||||||
22 | be paid into the Secretary of State Special Services
Fund and | ||||||
23 | $6 shall be paid into the General Revenue Fund, and
(iii) for | ||||||
24 | fees collected on and after October 1, 2003, 50% of
the amounts | ||||||
25 | collected pursuant to subsection (b) shall be paid
into the | ||||||
26 | General Revenue Fund. | ||||||
27 | (l)
(Blank). | ||||||
28 | (m) Notations of
accident involvement that may be disclosed | ||||||
29 | under this Section shall not include notations
relating to | ||||||
30 | damage to a vehicle or other property being
transported by a | ||||||
31 | tow truck. This information shall remain confidential,
| ||||||
32 | provided that nothing in this subsection (m) shall
limit | ||||||
33 | disclosure of any notification of accident involvement
to any | ||||||
34 | law enforcement agency or official.
| ||||||
35 | (n) Requests made
by the news media for driver's license, | ||||||
36 | vehicle, or title registration information may be
furnished |
| |||||||
| |||||||
1 | without charge or at a reduced charge, as determined
by the | ||||||
2 | Secretary, when the specific purpose for requesting
the | ||||||
3 | documents is deemed to be in the public interest.
Waiver or | ||||||
4 | reduction of the fee is in the public interest if the
principal | ||||||
5 | purpose of the request is to access and disseminate
information | ||||||
6 | regarding the health, safety, and welfare or the legal
rights | ||||||
7 | of the general public and is not for the principal
purpose of | ||||||
8 | gaining a personal or commercial benefit. The
information | ||||||
9 | provided pursuant to this subsection shall not contain
| ||||||
10 | personally identifying information unless the
information is | ||||||
11 | to be used for one of the purposes identified in
subsection | ||||||
12 | (f-5) of this Section. | ||||||
13 | (o) The
redisclosure of personally identifying information | ||||||
14 | obtained pursuant to this Section is prohibited,
except to the | ||||||
15 | extent necessary to effectuate the purpose for which
the | ||||||
16 | original disclosure of the information was
permitted. | ||||||
17 | (p) The Secretary
of State is empowered to adopt rules to | ||||||
18 | effectuate this Section. | ||||||
19 | (Source: P.A. 92-32, eff. 7-1-01; 92-651, eff.
7-11-02; 93-32, | ||||||
20 | eff. 7-1-03; 93-438, eff. 8-5-03; revised
9-23-03.)
| ||||||
21 | (625 ILCS
5/3-412) (from Ch. 95 1/2, par.
3-412)
| ||||||
22 | Sec. 3-412.
Registration plates and registration stickers | ||||||
23 | to be furnished by the Secretary of
State. | ||||||
24 | (a) The Secretary
of State upon registering a vehicle | ||||||
25 | subject to annual registration for the first time
shall issue | ||||||
26 | or shall cause to be issued to the owner one
registration plate | ||||||
27 | for a motorcycle, trailer, semitrailer, motorized
pedalcycle | ||||||
28 | or truck-tractor, 2 registration plates for other
motor | ||||||
29 | vehicles and, where applicable, current registration
stickers | ||||||
30 | for motor vehicles of the first division. The
provisions of | ||||||
31 | this Section may be made applicable to such vehicles
of the | ||||||
32 | second division, as the Secretary of State may, from
time to | ||||||
33 | time, in his discretion designate. On subsequent
annual | ||||||
34 | registrations during the term of the registration
plate as | ||||||
35 | provided in Section 3-414.1, the Secretary shall issue
or cause |
| |||||||
| |||||||
1 | to be issued registration stickers as evidence of
current | ||||||
2 | registration. However, the issuance of annual
registration | ||||||
3 | stickers to vehicles registered under the provisions
of | ||||||
4 | Sections 3-402.1 and 3-405.3 of this Code may not be
required | ||||||
5 | if the Secretary deems the issuance
unnecessary. | ||||||
6 | (b) Every
registration plate shall have displayed upon it | ||||||
7 | the registration number assigned to the vehicle for
which it is | ||||||
8 | issued, the name of this State, which may be
abbreviated, the | ||||||
9 | year number for which it was issued, which may be
abbreviated, | ||||||
10 | the phrase "Land of Lincoln" (except as otherwise
provided in | ||||||
11 | this Code Chapter
3 ), and such other letters or numbers as the
| ||||||
12 | Secretary may prescribe. However, for apportionment
plates | ||||||
13 | issued to vehicles registered under Section 3-402.1
and fleet | ||||||
14 | plates issued to vehicles registered under Section
3-405.3, the | ||||||
15 | phrase "Land of Lincoln" may be omitted to allow for
the word | ||||||
16 | "apportioned", the word "fleet", or other similar
language to | ||||||
17 | be displayed. Registration plates issued to a vehicle
| ||||||
18 | registered as a fleet vehicle may display a
designation | ||||||
19 | determined by the Secretary.
| ||||||
20 | The Secretary may
in his discretion prescribe that letters | ||||||
21 | be used as prefixes only on registration plates issued
to | ||||||
22 | vehicles of the first division which are registered
under this | ||||||
23 | Code and only as suffixes on registration plates
issued to | ||||||
24 | other vehicles. Every registration sticker issued as
evidence | ||||||
25 | of current registration shall designate the year
number for | ||||||
26 | which it is issued and such other letters or numbers
as the | ||||||
27 | Secretary may prescribe and shall be of a contrasting
color | ||||||
28 | with the registration plates and registration stickers
of the | ||||||
29 | previous year. | ||||||
30 | (c) Each
registration plate and the required letters and | ||||||
31 | numerals thereon, except the year number for which
issued, | ||||||
32 | shall be of sufficient size to be plainly readable
from a | ||||||
33 | distance of 100 feet during daylight, and shall be
coated with | ||||||
34 | reflectorizing material. The dimensions of the plate
issued to | ||||||
35 | vehicles of the first division shall be 6 by 12
inches. | ||||||
36 | (d) The Secretary
of State shall issue for every passenger |
| |||||||
| |||||||
1 | motor vehicle rented without a driver the same type of
| ||||||
2 | registration plates as the type of plates issued for a
private | ||||||
3 | passenger vehicle. | ||||||
4 | (e) The Secretary
of State shall issue for every passenger | ||||||
5 | car used as a taxicab or livery, distinctive
registration | ||||||
6 | plates. | ||||||
7 | (f) The Secretary
of State shall issue for every motorcycle | ||||||
8 | distinctive registration plates distinguishing between
| ||||||
9 | motorcycles having 150 or more cubic centimeters
piston | ||||||
10 | displacement, or having less than 150 cubic centimeter
piston | ||||||
11 | displacement. | ||||||
12 | (g) Registration
plates issued to vehicles for-hire may | ||||||
13 | display a designation as determined by the Secretary
that such | ||||||
14 | vehicles are for-hire. | ||||||
15 | (h) The Secretary
of State shall issue for each electric | ||||||
16 | vehicle distinctive registration plates which shall
| ||||||
17 | distinguish between electric vehicles having a maximum
| ||||||
18 | operating speed of 45 miles per hour or more and those
having a | ||||||
19 | maximum operating speed of less than 45 miles per
hour. | ||||||
20 | (i) The Secretary
of State shall issue for every public and | ||||||
21 | private ambulance registration plates identifying the
vehicle | ||||||
22 | as an ambulance. The Secretary shall forward to the
Department | ||||||
23 | of Public Aid registration information for the purpose
of | ||||||
24 | verification of claims filed with the Department by
ambulance | ||||||
25 | owners for payment for services to public assistance
| ||||||
26 | recipients. | ||||||
27 | (j) The Secretary
of State shall issue for every public and | ||||||
28 | private medical carrier or rescue vehicle livery
registration | ||||||
29 | plates displaying numbers within ranges of numbers
reserved | ||||||
30 | respectively for medical carriers and rescue vehicles.
The | ||||||
31 | Secretary shall forward to the Department of Public
Aid | ||||||
32 | registration information for the purpose of
verification of | ||||||
33 | claims filed with the Department by owners of medical
carriers | ||||||
34 | or rescue vehicles for payment for services to public
| ||||||
35 | assistance recipients. | ||||||
36 | (Source: P.A. 92-629, eff. 7-1-03; 92-651, eff.
7-11-02; |
| |||||||
| |||||||
1 | revised 9-27-03.)
| ||||||
2 | (625 ILCS
5/3-413) (from Ch. 95 1/2, par.
3-413)
| ||||||
3 | Sec. 3-413.
Display of registration plates, registration | ||||||
4 | stickers and drive-away permits.
| ||||||
5 | (a) Registration
plates issued for a motor vehicle other | ||||||
6 | than a motorcycle, trailer, semitrailer,
truck-tractor, | ||||||
7 | apportioned bus, or apportioned truck shall be
attached | ||||||
8 | thereto, one in the front and one in the rear. The
registration | ||||||
9 | plate issued for a motorcycle, trailer or semitrailer
required | ||||||
10 | to be registered hereunder and any apportionment plate
issued | ||||||
11 | to a bus under the provisions of this Code shall be
attached to | ||||||
12 | the rear thereof. The registration plate issued for a
| ||||||
13 | truck-tractor or an apportioned truck required to be
registered | ||||||
14 | hereunder shall be attached to the front
thereof. | ||||||
15 | (b) Every
registration plate shall at all times be securely | ||||||
16 | fastened in a horizontal position to the vehicle for
which it | ||||||
17 | is issued so as to prevent the plate from swinging and
at a | ||||||
18 | height of not less than 5 inches from the ground,
measuring | ||||||
19 | from the bottom of such plate, in a place and position
to be | ||||||
20 | clearly visible and shall be maintained in a condition
to be | ||||||
21 | clearly legible, free from any materials that would
obstruct | ||||||
22 | the visibility of the plate, including, but not
limited to, | ||||||
23 | glass covers and tinted plastic covers. Clear plastic
covers | ||||||
24 | are permissible as long as they remain clear and do
not | ||||||
25 | obstruct the visibility of the plates. Registration
stickers | ||||||
26 | issued as evidence of renewed annual registration
shall be | ||||||
27 | attached to registration plates as required by the
Secretary of | ||||||
28 | State, and be clearly visible at all
times. | ||||||
29 | (c) Every
drive-away permit issued pursuant to this Code | ||||||
30 | shall be firmly attached to the motor vehicle in the
manner | ||||||
31 | prescribed by the Secretary of State. If a drive-away
permit is | ||||||
32 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
33 | be void and of no effect. | ||||||
34 | (d) The Illinois
prorate decal issued to a foreign | ||||||
35 | registered vehicle part of a fleet prorated or
apportioned with |
| |||||||
| |||||||
1 | Illinois, shall be displayed on a registration plate
and | ||||||
2 | displayed on the front of such vehicle in the same
manner as an | ||||||
3 | Illinois registration plate.
| ||||||
4 | (e) The
registration plate issued for a camper body mounted | ||||||
5 | on a truck displaying registration plates shall be
attached to | ||||||
6 | the rear of the camper body.
| ||||||
7 | (f) No person
shall operate a vehicle, nor permit the | ||||||
8 | operation of a vehicle, upon which is displayed an
Illinois | ||||||
9 | registration plate, plates or registration stickers
after the | ||||||
10 | termination of the registration period for which
issued or | ||||||
11 | after the expiration date set pursuant to Sections
3-414 and | ||||||
12 | 3-414.1 of this Code. | ||||||
13 | (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff.
7-16-02; | ||||||
14 | revised 10-2-02.)
| ||||||
15 | (625 ILCS
5/3-621) (from Ch. 95 1/2, par.
3-621)
| ||||||
16 | Sec. 3-621.
The Secretary, upon receipt of an application, | ||||||
17 | made in the form prescribed by the Secretary of State,
may | ||||||
18 | issue to members of the Illinois National Guard, and
to | ||||||
19 | Illinois residents who are either former members of
the | ||||||
20 | Illinois National Guard or the surviving spouses of
Illinois | ||||||
21 | National Guard members, special registration plates.
The | ||||||
22 | special plates issued pursuant to this Section shall
be affixed | ||||||
23 | only to passenger vehicles of the first division,
motorcycles, | ||||||
24 | or motor vehicles of the second division weighing not
more than | ||||||
25 | 8,000 pounds subject to the staggered registration
system. | ||||||
26 | The design and
color of such plates shall be wholly within | ||||||
27 | the discretion of the Secretary of State.
| ||||||
28 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, 1-1-03;
revised | ||||||
29 | 8-23-02.)
| ||||||
30 | (625 ILCS
5/3-622) (from Ch. 95 1/2, par.
3-622)
| ||||||
31 | Sec. 3-622.
The Secretary, upon receipt of an application | ||||||
32 | made in the form prescribed by the Secretary of State,
may | ||||||
33 | issue to members of the United States Armed Forces
Reserves who | ||||||
34 | reside in Illinois, and to Illinois residents who are
either |
| |||||||
| |||||||
1 | former members of the United States Armed Forces
Reserves or | ||||||
2 | the surviving spouses of United States Armed Forces
Reserve | ||||||
3 | members who resided in Illinois, special registration
plates. | ||||||
4 | The special plates issued pursuant to this Section
shall be | ||||||
5 | affixed only to passenger vehicles of the first
division, | ||||||
6 | motorcycles, or motor vehicles of the second division
weighing | ||||||
7 | not more than 8,000 pounds subject to the staggered
| ||||||
8 | registration system. The design and color of such
plates shall | ||||||
9 | be wholly within the discretion of the Secretary of
State. | ||||||
10 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff.
1-1-03; | ||||||
11 | revised 8-23-02.)
| ||||||
12 | (625 ILCS
5/3-625) (from Ch. 95 1/2, par.
3-625)
| ||||||
13 | Sec. 3-625.
Pearl Harbor Plates. The Secretary, upon
| ||||||
14 | receipt of an application made in the form prescribed
by the | ||||||
15 | Secretary of State, may issue special registration
plates to | ||||||
16 | any Illinois resident who, while a member of the armed
forces | ||||||
17 | of the United States, participated in the battle of
Pearl | ||||||
18 | Harbor on December 7, 1941, or to the widowed spouse
of any | ||||||
19 | Illinois resident who, while a member of the armed
forces of | ||||||
20 | the United States, participated in the battle of Pearl
Harbor | ||||||
21 | on December 7, 1941, provided that the widowed spouse
was | ||||||
22 | married to the battle of Pearl Harbor participant at
the time | ||||||
23 | of the participant's death and is a single person at
the time | ||||||
24 | of application. The special plates issued pursuant to
this | ||||||
25 | Section should be affixed only to passenger vehicles
of the 1st | ||||||
26 | division, motorcycles, or motor vehicles of the 2nd
division | ||||||
27 | weighing not more than 8,000 pounds.
| ||||||
28 | The design and
color of such plates shall be wholly within | ||||||
29 | the discretion of the Secretary of State. Appropriate
| ||||||
30 | documentation, as determined by the Secretary, and the
| ||||||
31 | appropriate registration fee shall accompany the
application. | ||||||
32 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff.
1-1-03; | ||||||
33 | revised 8-23-02.)
| ||||||
34 | (625 ILCS
5/3-648)
|
| |||||||
| |||||||
1 | Sec. 3-648.
Education license plates.
| ||||||
2 | (a) The
Secretary, upon receipt of an application made in | ||||||
3 | the form prescribed by the Secretary, may issue
special | ||||||
4 | registration plates designated as Education license
plates. | ||||||
5 | The special plates issued under this Section shall be
affixed | ||||||
6 | only to passenger vehicles of the first division and
motor | ||||||
7 | vehicles of the second division weighing not more than
8,000 | ||||||
8 | pounds. Plates issued under this Section shall expire
according | ||||||
9 | to the multi-year procedure established by Section
3-414.1 of | ||||||
10 | this Code. | ||||||
11 | (b) The design
and color of the plates shall be determined | ||||||
12 | by a contest that every elementary school pupil in the
State of | ||||||
13 | Illinois is eligible to enter. The designs submitted
for the | ||||||
14 | contest shall be judged on September 30, 2002, and the
winning | ||||||
15 | design shall be selected by a committee composed of
the | ||||||
16 | Secretary, the Director of State Police, 2 members of
the | ||||||
17 | Senate, one member chosen by the President of the
Senate and | ||||||
18 | one member chosen by the Senate Minority Leader, and 2
members | ||||||
19 | of the House of Representatives, one member chosen by
the | ||||||
20 | Speaker of the House and one member chosen by the
House | ||||||
21 | Minority Leader. The Secretary may allow the plates to
be | ||||||
22 | issued as vanity or personalized plates under Section
3-405.1 | ||||||
23 | of the Code. The Secretary shall prescribe stickers or
decals | ||||||
24 | as provided under Section 3-412 of this
Code. | ||||||
25 | (c) An applicant
for the special plate shall be charged a | ||||||
26 | $40 fee for original issuance, in addition to the
appropriate | ||||||
27 | registration fee. Of this $40 additional original
issuance fee, | ||||||
28 | $15 shall be deposited into the Secretary of State
Special | ||||||
29 | License Plate Fund, to be used by the Secretary to
help defray | ||||||
30 | the administrative processing costs, and $25 shall be
deposited | ||||||
31 | into the Illinois Future Teacher Corps Scholarship
Fund. For | ||||||
32 | each registration renewal period, a $40 fee, in
addition to the | ||||||
33 | appropriate registration fee, shall be charged. Of
this $40 | ||||||
34 | additional renewal fee, $2 shall be deposited into the
| ||||||
35 | Secretary of State Special License Plate Fund and $38
shall be | ||||||
36 | deposited into the Illinois Future Teacher Corps
Scholarship |
| |||||||
| |||||||
1 | Fund. Each fiscal year, once deposits from the
additional | ||||||
2 | original issuance and renewal fees into the Secretary
of State | ||||||
3 | Special License Plate Fund have reached $500,000, all
the | ||||||
4 | amounts received for the additional fees for the
balance of the | ||||||
5 | fiscal year shall be deposited into the Illinois
Future Teacher | ||||||
6 | Corps Scholarship Fund. | ||||||
7 | (d) The Illinois
Future Teacher Corps Scholarship Fund is | ||||||
8 | created as a special fund in the State treasury.
Ninety-five | ||||||
9 | percent of the moneys in the Illinois Future Teacher
Corps | ||||||
10 | Scholarship Fund shall be appropriated to the Illinois
Student | ||||||
11 | Assistance Commission for scholarships under Section
52 of the | ||||||
12 | Higher Education Student Assistance Act, and 5% of the
moneys | ||||||
13 | in the Illinois Future Teacher Corps Scholarship Fund
shall be | ||||||
14 | appropriated to the State Board of Education for
grants to the | ||||||
15 | Golden Apple Foundation for Excellence in Teaching, a
| ||||||
16 | recognized charitable organization that meets the
requirements | ||||||
17 | of Title 26, Section 501(c)(3) of the United States
Code. | ||||||
18 | (Source: P.A. 92-445, eff. 8-17-01; 92-651, eff.
7-11-02; | ||||||
19 | 92-845, eff. 1-1-03; 93-21, eff. 7-1-03.)
| ||||||
20 | (625 ILCS
5/3-653)
| ||||||
21 | Sec. 3-653.
Pet Friendly license plates.
| ||||||
22 | (a) The
Secretary, upon receipt of an application made in | ||||||
23 | the form prescribed by the Secretary, may issue
special | ||||||
24 | registration plates designated as Pet Friendly license
plates. | ||||||
25 | The special plates issued under this Section shall be
affixed | ||||||
26 | only to passenger vehicles of the first division,
motor | ||||||
27 | vehicles of the second division weighing not more than
8,000 | ||||||
28 | pounds, and recreational vehicles as defined in
Section 1-169 | ||||||
29 | of this Code. Plates issued under this Section shall
expire | ||||||
30 | according to the multi-year procedure established by
Section | ||||||
31 | 3-414.1 of this Code. | ||||||
32 | (b) The design
and color of the plates is wholly within the | ||||||
33 | discretion of the Secretary, except that the phrase "I
am pet | ||||||
34 | friendly" shall be on the plates. The Secretary may
allow the | ||||||
35 | plates to be issued as vanity plates or personalized
plates |
| |||||||
| |||||||
1 | under Section 3-405.1 of the Code. The Secretary shall
| ||||||
2 | prescribe stickers or decals as provided under Section
3-412 of | ||||||
3 | this Code. | ||||||
4 | (c) An applicant
for the special plate shall be charged a | ||||||
5 | $40 fee for original issuance in addition to the
appropriate | ||||||
6 | registration fee. Of this additional fee, $25 shall be
| ||||||
7 | deposited into the Pet Overpopulation Control Fund and
$15 | ||||||
8 | shall be deposited into the Secretary of State Special
License | ||||||
9 | Plate Fund, to be used by the Secretary to help defray
the | ||||||
10 | administrative processing costs.
| ||||||
11 | For each
registration renewal period, a $27 fee, in | ||||||
12 | addition to the appropriate registration fee, shall be
charged. | ||||||
13 | Of this additional fee, $25 shall be deposited into
the Pet | ||||||
14 | Overpopulation Control Fund and $2 shall be deposited
into the | ||||||
15 | Secretary of State Special License Plate
Fund. | ||||||
16 | (d) The Pet
Overpopulation Control Fund is created as a | ||||||
17 | special fund in the State treasury. All moneys in the
Pet | ||||||
18 | Overpopulation Control Fund shall be paid, subject to
| ||||||
19 | appropriation by the General Assembly and approval by
the | ||||||
20 | Secretary, as grants to humane societies exempt from
federal | ||||||
21 | income taxation under Section 501(c)(3) of the
Internal Revenue | ||||||
22 | Code to be used solely for the humane sterilization of
dogs and | ||||||
23 | cats in the State of Illinois. In approving grants
under this | ||||||
24 | subsection (d), the Secretary shall consider
recommendations | ||||||
25 | for grants made by a volunteer board appointed by the
Secretary | ||||||
26 | that shall consist of 5 Illinois residents who are
officers or | ||||||
27 | directors of humane societies operating in different
regions in | ||||||
28 | Illinois. | ||||||
29 | (Source: P.A. 92-520, eff. 6-1-02; 92-651, eff.
7-11-02.)
| ||||||
30 | (625 ILCS
5/3-654)
| ||||||
31 | Sec. 3-654.
Illinois Public Broadcasting System Stations | ||||||
32 | special license plates. | ||||||
33 | (a) The
Secretary, upon receipt of all applicable fees and | ||||||
34 | applications made in the form prescribed by the
Secretary, may | ||||||
35 | issue special registration plates designated as
Illinois |
| |||||||
| |||||||
1 | Public Broadcasting System Stations special license
plates. | ||||||
2 | The special plates issued under this Section shall be
affixed | ||||||
3 | only to passenger vehicles of the first division or
motor | ||||||
4 | vehicles of the second division weighing not more than
8,000 | ||||||
5 | pounds. Plates issued under this Section shall expire
according | ||||||
6 | to the multi-year procedure established by Section
3-414.1 of | ||||||
7 | this Code. | ||||||
8 | (b) The design
and color of the special plates shall be | ||||||
9 | wholly within the discretion of the Secretary. The
Secretary | ||||||
10 | may, in his or her discretion, allow the plates to be
issued as | ||||||
11 | vanity or personalized plates in accordance with
Section | ||||||
12 | 3-405.1 of this Code. The plates are not required to
designate | ||||||
13 | "Land of Lincoln", as prescribed in subsection (b) of
Section | ||||||
14 | 3-412 of this Code. The Secretary, in his or her
discretion, | ||||||
15 | shall approve and prescribe stickers or decals as
provided | ||||||
16 | under Section 3-412. | ||||||
17 | (c) An applicant
for the special plate shall be charged a | ||||||
18 | $40 fee for original issuance in addition to the
appropriate | ||||||
19 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
20 | Public Broadcasting Fund and $15 shall be deposited
into the | ||||||
21 | Secretary of State Special License Plate Fund, to be
used by | ||||||
22 | the Secretary to help defray the administrative
processing | ||||||
23 | costs. | ||||||
24 | For each
registration renewal period, a $27 fee, in | ||||||
25 | addition to the appropriate registration fee, shall be
charged. | ||||||
26 | Of this fee, $25 shall be deposited into the Public
| ||||||
27 | Broadcasting Fund and $2 shall be deposited into the
Secretary | ||||||
28 | of State Special License Plate Fund.
| ||||||
29 | (d) The Public
Broadcasting Fund is created as a special | ||||||
30 | fund in the State treasury. Subject to appropriation
by the | ||||||
31 | General Assembly and approval by the Secretary, the
Secretary | ||||||
32 | shall pay all moneys in the Public Broadcasting Fund
to the | ||||||
33 | various Public Broadcasting System stations in
Illinois for | ||||||
34 | operating costs. | ||||||
35 | (Source: P.A. 92-695, eff. 1-1-03.)
|
| |||||||
| |||||||
1 | (625 ILCS
5/3-655)
| ||||||
2 | Sec.
3-655
3-648 . Hospice
license plates.
| ||||||
3 | (a) The
Secretary, upon receipt of an application made in | ||||||
4 | the form prescribed by the Secretary, may issue
special | ||||||
5 | registration plates designated as Hospice license
plates. The | ||||||
6 | special plates issued under this Section shall be
affixed only | ||||||
7 | to passenger vehicles of the first division and motor
vehicles | ||||||
8 | of the second division weighing not more than 8,000
pounds. | ||||||
9 | Plates issued under this Section shall expire
according to the | ||||||
10 | multi-year procedure established by Section 3-414.1 of
this | ||||||
11 | Code. | ||||||
12 | (b) The color of
the plates is wholly within the discretion | ||||||
13 | of the Secretary. The design of the plates shall
include the | ||||||
14 | word "Hospice" above drawings of two lilies and a
butterfly. | ||||||
15 | The Secretary may allow the plates to be issued as
vanity | ||||||
16 | plates or personalized under Section 3-405.1 of the
Code. The | ||||||
17 | Secretary shall prescribe stickers or decals as
provided under | ||||||
18 | Section 3-412 of this Code. | ||||||
19 | (c) An applicant
for the special plate shall be charged a | ||||||
20 | $25 fee for original issuance in addition to the
appropriate | ||||||
21 | registration fee. Of this fee, $10 shall be deposited
into the | ||||||
22 | Hospice Fund and $15 shall be deposited into the
Secretary of | ||||||
23 | State Special License Plate Fund, to be used by the
Secretary | ||||||
24 | to help defray the administrative processing
costs. | ||||||
25 | For each
registration renewal period, a $25 fee, in | ||||||
26 | addition to the appropriate registration fee, shall be
charged. | ||||||
27 | Of this fee, $23 shall be deposited into the Hospice
Fund and | ||||||
28 | $2 shall be deposited into the Secretary of State
Special | ||||||
29 | License Plate Fund. | ||||||
30 | (d) The Hospice
Fund is created as a special fund in the | ||||||
31 | State treasury. All money in the Hospice Fund shall be
paid, | ||||||
32 | subject to appropriation by the General Assembly and
approval | ||||||
33 | by the Secretary, to the Department of Public Health
for | ||||||
34 | distribution as grants for hospice services as defined
in the | ||||||
35 | Hospice Program Licensing Act. The Director of Public
Health | ||||||
36 | shall adopt rules for the distribution of these
grants. |
| |||||||
| |||||||
1 | (Source: P.A. 92-693, eff. 1-1-03; revised
8-23-02.)
| ||||||
2 | (625 ILCS
5/3-656)
| ||||||
3 | Sec.
3-656
3-653 . Lewis and
Clark Bicentennial license | ||||||
4 | plates.
| ||||||
5 | (a) In addition
to any other special license plate, the | ||||||
6 | Secretary, upon receipt of all applicable fees and
applications | ||||||
7 | made in the form prescribed by the Secretary of State,
may | ||||||
8 | issue special registration plates designated as Lewis
and Clark | ||||||
9 | Bicentennial license plates to residents of Illinois.
The | ||||||
10 | special plate issued under this Section shall be
affixed only | ||||||
11 | to passenger vehicles of the first division, motor
vehicles of | ||||||
12 | the second division weighing not more than 8,000
pounds, and | ||||||
13 | recreational vehicles as defined by Section 1-169 of
this Code. | ||||||
14 | Plates issued under this Section shall expire
according to the | ||||||
15 | staggered multi-year procedure established by Section
3-414.1 | ||||||
16 | of this Code. | ||||||
17 | (b) The Secretary
of State shall confer with the Governor's | ||||||
18 | Illinois Lewis and Clark Bicentennial Commission
regarding the | ||||||
19 | design, color, and format of the plates. The Secretary
may, in | ||||||
20 | his or her discretion, allow the plates to be issued
as vanity | ||||||
21 | or personalized plates in accordance with Section
3-405.1 of | ||||||
22 | this Code. The plates are not required to designate
"Land Of | ||||||
23 | Lincoln", as prescribed in subsection (b) of Section
3-412 of | ||||||
24 | this Code. The Secretary, in his or her discretion,
shall | ||||||
25 | approve and prescribe stickers or decals as provided
under | ||||||
26 | Section 3-412. | ||||||
27 | (c) An applicant
shall be charged a $40 fee for original | ||||||
28 | issuance in addition to the applicable registration
fee. Of | ||||||
29 | this additional fee, $15 shall be deposited into the
Secretary | ||||||
30 | of State Special License Plate Fund and $25 shall be
deposited | ||||||
31 | into the Lewis and Clark Bicentennial Fund. For each
| ||||||
32 | registration renewal period, a $27 fee, in addition to
the | ||||||
33 | appropriate registration fee, shall be charged. Of
this | ||||||
34 | additional fee, $2 shall be deposited into the
Secretary of | ||||||
35 | State Special License Plate Fund and $25 shall be
deposited |
| |||||||
| |||||||
1 | into the Lewis and Clark Bicentennial
Fund. | ||||||
2 | (d) The Secretary
of State shall issue special license | ||||||
3 | plates under this Section on and before September 1,
2008. The | ||||||
4 | Secretary may not issue special plates under this
Section after | ||||||
5 | September 1, 2008. | ||||||
6 | (e) The Lewis and
Clark Bicentennial Fund is created as a | ||||||
7 | special fund in the State treasury. All moneys in the
Lewis and | ||||||
8 | Clark Bicentennial Fund shall, subject to
appropriation by the | ||||||
9 | General Assembly and approval by the Secretary, be
used by the | ||||||
10 | Department of Commerce and Economic
Opportunity Community
| ||||||
11 | Affairs to promote
tourism and education related to the Lewis | ||||||
12 | and Clark Expedition and for historic preservation
purposes | ||||||
13 | related to the Expedition. | ||||||
14 | The State
Treasurer shall transfer any moneys remaining in | ||||||
15 | the Lewis and Clark Bicentennial Fund on September 1,
2009 and | ||||||
16 | any moneys received for deposit into that Fund on or
after | ||||||
17 | September 1, 2009 into the Secretary of State Special
License | ||||||
18 | Plate Fund. | ||||||
19 | (Source: P.A. 92-694, eff. 1-1-03; revised
10-15-03.)
| ||||||
20 | (625 ILCS
5/3-657)
| ||||||
21 | Sec.
3-657
3-654 . Park
District Youth Program license | ||||||
22 | plates.
| ||||||
23 | (a) In addition
to any other special license plate, the | ||||||
24 | Secretary, upon receipt of all applicable fees and
applications | ||||||
25 | made in the form prescribed by the Secretary of State,
may | ||||||
26 | issue Park District Youth Program license plates. The
special | ||||||
27 | Park District Youth Program plate issued under this
Section | ||||||
28 | shall be affixed only to passenger vehicles of the
first | ||||||
29 | division and motor vehicles of the second division
weighing not | ||||||
30 | more than 8,000 pounds. Plates issued under this
Section shall | ||||||
31 | expire according to the staggered multi-year procedure
| ||||||
32 | established by Section 3-414.1 of this
Code. | ||||||
33 | (b) The design,
color, and format of the plates shall be | ||||||
34 | wholly within the discretion of the Secretary of
State. | ||||||
35 | Appropriate documentation, as determined by the
Secretary, |
| |||||||
| |||||||
1 | must accompany each application. The Secretary, in his
or her | ||||||
2 | discretion, shall approve and prescribe stickers or
decals as | ||||||
3 | provided under Section 3-412.
| ||||||
4 | (c) An applicant
for the special plate shall be charged a | ||||||
5 | $40 fee for original issuance in addition to the
appropriate | ||||||
6 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
7 | Park District Youth Program Fund and $15 shall be
deposited | ||||||
8 | into the Secretary of State Special License Plate
Fund, to be | ||||||
9 | used by the Secretary to help defray the
administrative | ||||||
10 | processing costs. | ||||||
11 | For each
registration renewal period, a $27 fee, in | ||||||
12 | addition to the appropriate registration fee, shall be
charged. | ||||||
13 | Of this fee, $25 shall be deposited into the Park
District | ||||||
14 | Youth Program Fund and $2 shall be deposited into the
Secretary | ||||||
15 | of State Special License Plate Fund.
| ||||||
16 | (d) The Park
District Youth Program Fund is created as a | ||||||
17 | special fund in the State treasury. All money in the
Park | ||||||
18 | District Youth Program Fund shall be paid, subject to
| ||||||
19 | appropriation by the General Assembly and approval by
the | ||||||
20 | Secretary, as grants to the Illinois Association of
Park | ||||||
21 | Districts, a not-for-profit corporation, for grants to
park | ||||||
22 | districts and recreation agencies providing innovative
after | ||||||
23 | school programming for Illinois youth.
| ||||||
24 | (Source: P.A. 92-697, eff. 7-19-02; revised
8-23-02.)
| ||||||
25 | (625 ILCS
5/3-658)
| ||||||
26 | Sec.
3-658
3-654 .
Professional Sports Teams license | ||||||
27 | plates.
| ||||||
28 | (a) The
Secretary, upon receipt of an application made in | ||||||
29 | the form prescribed by the Secretary, may issue
special | ||||||
30 | registration plates designated as Professional Sports
Teams | ||||||
31 | license plates. The special plates issued under this
Section | ||||||
32 | shall be affixed only to passenger vehicles of the
first | ||||||
33 | division and motor vehicles of the second division
weighing not | ||||||
34 | more than 8,000 pounds. Plates issued under this
Section shall | ||||||
35 | expire according to the multi-year procedure
established by |
| |||||||
| |||||||
1 | Section 3-414.1 of this Code.
| ||||||
2 | (b) The design
and color of the plates is wholly within the | ||||||
3 | discretion of the Secretary, except that the plates
shall, | ||||||
4 | subject to the permission of the applicable team
owner, display | ||||||
5 | the logo of the Chicago Bears, the Chicago Bulls, the
Chicago | ||||||
6 | Blackhawks
Black Hawks , the Chicago Cubs,
the Chicago White | ||||||
7 | Sox, the St. Louis Rams, or the St. Louis Cardinals,
at the | ||||||
8 | applicant's option. The Secretary may allow the plates
to be | ||||||
9 | issued as vanity or personalized plates under Section
3-405.1 | ||||||
10 | of the Code. The Secretary shall prescribe stickers or
decals | ||||||
11 | as provided under Section 3-412 of this
Code. | ||||||
12 | (c) An applicant
for the special plate shall be charged a | ||||||
13 | $40 fee for original issuance in addition to the
appropriate | ||||||
14 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
15 | Professional Sports Teams Education Fund and $15 shall
be | ||||||
16 | deposited into the Secretary of State Special License
Plate | ||||||
17 | Fund, to be used by the Secretary to help defray the
| ||||||
18 | administrative processing costs.
| ||||||
19 | For each
registration renewal period, a $27 fee, in | ||||||
20 | addition to the appropriate registration fee, shall be
charged. | ||||||
21 | Of this fee, $25 shall be deposited into the
Professional | ||||||
22 | Sports Teams Education Fund and $2 shall be deposited
into the | ||||||
23 | Secretary of State Special License Plate
Fund. | ||||||
24 | (d) The
Professional Sports Teams Education Fund is created | ||||||
25 | as a special fund in the State treasury. All moneys in
the | ||||||
26 | Professional Sports Teams Education Fund shall,
subject to | ||||||
27 | appropriation by the General Assembly and approval by
the | ||||||
28 | Secretary, be deposited every 6 months into the Common
School | ||||||
29 | Fund. | ||||||
30 | (Source: P.A. 92-699, eff. 1-1-03; revised
10-28-02.)
| ||||||
31 | (625 ILCS
5/3-659)
| ||||||
32 | Sec.
3-659
3-654 . Pan
Hellenic license plates.
| ||||||
33 | (a) The
Secretary, upon receipt of all applicable fees and | ||||||
34 | applications made in the form prescribed by the
Secretary, may | ||||||
35 | issue special registration plates designated as Pan
Hellenic |
| |||||||
| |||||||
1 | license plates. The special plates issued under this
Section | ||||||
2 | shall be affixed only to passenger vehicles of the
first | ||||||
3 | division or motor vehicles of the second division
weighing not | ||||||
4 | more than 8,000 pounds. Plates issued under this
Section shall | ||||||
5 | expire according to the multi-year procedure
established by | ||||||
6 | Section 3-414.1 of this Code.
| ||||||
7 | (b) The design
and color of the special plates shall be | ||||||
8 | wholly within the discretion of the Secretary, except
that an | ||||||
9 | emblem of a Pan Hellenic eligible member shall be on
the plate. | ||||||
10 | Appropriate documentation, as determined by the
Secretary, | ||||||
11 | shall accompany each application. The Secretary may,
in his or | ||||||
12 | her discretion, allow the plates to be issued as
vanity or | ||||||
13 | personalized plates in accordance with Section 3-405.1
of this | ||||||
14 | Code. The plates are not required to designate "Land
of | ||||||
15 | Lincoln" as prescribed in subsection (b) of Section
3-412 of | ||||||
16 | this Code. The Secretary, in his or her discretion,
may | ||||||
17 | prescribe rules governing the requirements and
approval of the | ||||||
18 | special plates. | ||||||
19 | (c) An applicant
for the special plate shall be charged a | ||||||
20 | $40 fee for original issuance in addition to the
appropriate | ||||||
21 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
22 | Illinois Pan Hellenic Trust Fund and $15 shall be
deposited | ||||||
23 | into the Secretary of State Special License Plate
Fund, to be | ||||||
24 | used by the Secretary to help defray the
administrative | ||||||
25 | processing costs. For each registration renewal
period, a $27 | ||||||
26 | fee, in addition to the appropriate registration fee,
shall be | ||||||
27 | charged. Of this fee, $25 shall be deposited into the
Illinois | ||||||
28 | Pan Hellenic Trust Fund and $2 shall be deposited into
the | ||||||
29 | Secretary of State Special License Plate
Fund. | ||||||
30 | (d) The Illinois
Pan Hellenic Trust Fund is created as a | ||||||
31 | special fund in the State Treasury. The State
Treasurer shall | ||||||
32 | create separate accounts within the Illinois Pan
Hellenic Trust | ||||||
33 | Fund for each eligible member for which Pan Hellenic
license | ||||||
34 | plates have been issued. Moneys in the Illinois Pan
Hellenic | ||||||
35 | Trust Fund shall be allocated to each account in
proportion to | ||||||
36 | the number of plates sold in regard to each fraternity
or |
| |||||||
| |||||||
1 | sorority. All moneys in the Illinois Pan Hellenic
Trust Fund | ||||||
2 | shall be distributed, subject to appropriation by the
General | ||||||
3 | Assembly and approval by the Secretary, as grants to
the | ||||||
4 | Illinois Alpha Kappa Alpha Charitable Foundation,
Illinois | ||||||
5 | Delta Sigma Theta Charitable Foundation, Illinois Zeta
Phi Beta | ||||||
6 | Charitable Foundation, Illinois Sigma Gamma Rho
Charitable | ||||||
7 | Foundation, Illinois Alpha Phi Alpha Charitable
Foundation, | ||||||
8 | Illinois Omega Psi Phi Charitable Foundation, Illinois
Kappa | ||||||
9 | Alpha Psi Charitable Foundation, Illinois Phi Beta
Sigma | ||||||
10 | Charitable Foundation, or Illinois Iota Phi Theta
Charitable | ||||||
11 | Foundation for charitable purposes sponsored by the
| ||||||
12 | African-American fraternity or sorority.
| ||||||
13 | (Source: P.A. 92-702, eff. 1-1-03; revised
8-23-02.)
| ||||||
14 | (625 ILCS
5/3-660)
| ||||||
15 | Sec.
3-660
3-653 . September
11th license plates.
| ||||||
16 | (a) Beginning on
September 11, 2002, the Secretary, upon | ||||||
17 | receipt of all applicable fees and applications made
in the | ||||||
18 | form prescribed by the Secretary, may issue special
| ||||||
19 | registration plates designated as September 11th
license | ||||||
20 | plates. | ||||||
21 | The special
plates issued under this Section shall be | ||||||
22 | affixed only to passenger vehicles of the first
division or | ||||||
23 | motor vehicles of the second division weighing not
more than | ||||||
24 | 8,000 pounds. | ||||||
25 | Plates issued
under this Section shall expire according to | ||||||
26 | the multi-year procedure established by Section
3-414.1 of this | ||||||
27 | Code. | ||||||
28 | (b) The design
and color of the special plates shall be | ||||||
29 | wholly within the discretion of the Secretary. The
Secretary | ||||||
30 | may allow the plates to be issued as vanity or
personalized | ||||||
31 | plates under Section 3-405.1 of this Code. The
Secretary shall | ||||||
32 | prescribe stickers or decals as provided under Section
3-412 of | ||||||
33 | this Code. | ||||||
34 | (c) An applicant
for the special plate shall be charged a | ||||||
35 | $40 fee for original issuance in addition to the
appropriate |
| |||||||
| |||||||
1 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
2 | September 11th Fund and $15 shall be deposited into
the | ||||||
3 | Secretary of State Special License Plate Fund, to be
used by | ||||||
4 | the Secretary to help defray the administrative
processing | ||||||
5 | costs. | ||||||
6 | For each
registration renewal period, a $27 fee, in | ||||||
7 | addition to the appropriate registration fee, shall be
charged. | ||||||
8 | Of this fee, $25 shall be deposited into the September
11th | ||||||
9 | Fund and $2 shall be deposited into the Secretary of
State | ||||||
10 | Special License Plate Fund. | ||||||
11 | (d) The September
11th Fund is created as a special fund in | ||||||
12 | the State treasury. Subject to appropriation by the
General | ||||||
13 | Assembly and approval by the Secretary, the Director
of | ||||||
14 | Commerce and Economic
Opportunity Community
Affairs shall pay | ||||||
15 | all moneys in the September 11th Fund as grants to aid
victims | ||||||
16 | of terrorism and as grants to local governments to
cover the | ||||||
17 | costs of training, equipment, and other items related
to public | ||||||
18 | safety initiatives intended to prevent further acts of
| ||||||
19 | terrorism or to respond to further acts of terrorism
or other | ||||||
20 | disasters or emergency situations in
Illinois. | ||||||
21 | (Source: P.A. 92-704, eff. 7-19-02; revised
10-15-03.)
| ||||||
22 | (625 ILCS
5/3-661)
| ||||||
23 | Sec.
3-661
3-653 . Illinois
Route 66 license plates.
| ||||||
24 | (a) The
Secretary, upon receipt of all applicable fees and | ||||||
25 | applications made in the form prescribed by the
Secretary, may | ||||||
26 | issue special registration plates designated as
Illinois Route | ||||||
27 | 66 license plates. The special plates issued under
this Section | ||||||
28 | shall be affixed only to passenger vehicles of the
first | ||||||
29 | division or motor vehicles of the second division
weighing not | ||||||
30 | more than 8,000 pounds. Plates issued under this
Section shall | ||||||
31 | expire according to the multi-year procedure
established by | ||||||
32 | Section 3-414.1 of this Code.
| ||||||
33 | (b) The design
and color of the special plates shall be | ||||||
34 | wholly within the discretion of the Secretary. The
Secretary | ||||||
35 | may, in his or her discretion, allow the plates to be
issued as |
| |||||||
| |||||||
1 | vanity or personalized plates in accordance with
Section | ||||||
2 | 3-405.1 of this Code. The plates are not required to
designate | ||||||
3 | "Land of Lincoln", as prescribed in subsection (b) of
Section | ||||||
4 | 3-412 of this Code. The Secretary, in his or her
discretion, | ||||||
5 | shall approve and prescribe stickers or decals as
provided | ||||||
6 | under Section 3-412. | ||||||
7 | (c) An applicant
for the special plate shall be charged a | ||||||
8 | $40 fee for original issuance in addition to the
appropriate | ||||||
9 | registration fee. Of this fee, $25 shall be deposited
into the | ||||||
10 | Illinois Route 66 Heritage Project Fund and $15 shall
be | ||||||
11 | deposited into the Secretary of State Special License
Plate | ||||||
12 | Fund, to be used by the Secretary to help defray the
| ||||||
13 | administrative processing costs.
| ||||||
14 | For each
registration renewal period, a $27 fee, in | ||||||
15 | addition to the appropriate registration fee, shall be
charged. | ||||||
16 | Of this fee, $25 shall be deposited into the Illinois
Route 66 | ||||||
17 | Heritage Project Fund and $2 shall be deposited into
the | ||||||
18 | Secretary of State Special License Plate
Fund. | ||||||
19 | (d) The Illinois
Route 66 Heritage Project Fund is created | ||||||
20 | as a special fund in the State treasury. Subject to
| ||||||
21 | appropriation by the General Assembly and approval by
the | ||||||
22 | Secretary, Illinois Route 66 Heritage Project, Inc.
shall use | ||||||
23 | all moneys in the Illinois Route 66 Heritage Project
Fund for | ||||||
24 | the development of tourism, through education and
| ||||||
25 | interpretation, preservation, and promotion of the
former U.S. | ||||||
26 | Route 66 in Illinois. | ||||||
27 | (Source: P.A. 92-706, eff. 1-1-03; revised
8-23-02.)
| ||||||
28 | (625 ILCS
5/3-662)
| ||||||
29 | Sec.
3-662
3-654 . Stop
Neuroblastoma license plates.
| ||||||
30 | (a) The
Secretary, upon receipt of an application made in | ||||||
31 | the form prescribed by the Secretary, may issue
special | ||||||
32 | registration plates designated as Stop Neuroblastoma
license | ||||||
33 | plates. The special plates issued under this Section
shall be | ||||||
34 | affixed only to passenger vehicles of the first
division and | ||||||
35 | motor vehicles of the second division weighing not
more than |
| |||||||
| |||||||
1 | 8,000 pounds. Plates issued under this Section shall
expire | ||||||
2 | according to the multi-year procedure established by
Section | ||||||
3 | 3-414.1 of this Code. | ||||||
4 | (b) The design
and color of the plates is wholly within the | ||||||
5 | discretion of the Secretary, except that the following
phrases | ||||||
6 | shall be on the plates: (i) "Stop Neuroblastoma" and
(ii) "Stop | ||||||
7 | Cancer". The Secretary may allow the plates to be
issued as | ||||||
8 | vanity plates or personalized under Section 3-405.1 of
this | ||||||
9 | Code. The Secretary shall prescribe stickers or decals
as | ||||||
10 | provided under Section 3-412 of this
Code. | ||||||
11 | (c) An applicant
for the special plate shall be charged a | ||||||
12 | $25 fee for original issuance in addition to the
appropriate | ||||||
13 | registration fee. Of this fee, $10 shall be deposited
into the | ||||||
14 | Stop Neuroblastoma Fund and $15 shall be deposited
into the | ||||||
15 | Secretary of State Special License Plate Fund, to be
used by | ||||||
16 | the Secretary to help defray the administrative
processing | ||||||
17 | costs. | ||||||
18 | For each
registration renewal period, a $25 fee, in | ||||||
19 | addition to the appropriate registration fee, shall be
charged. | ||||||
20 | Of this fee, $23 shall be deposited into the Stop
Neuroblastoma | ||||||
21 | Fund and $2 shall be deposited into the Secretary of
State | ||||||
22 | Special License Plate Fund. | ||||||
23 | (d) The Stop
Neuroblastoma Fund is created as a special | ||||||
24 | fund in the State treasury. All money in the Stop
Neuroblastoma | ||||||
25 | Fund shall be paid, subject to appropriation by the
General | ||||||
26 | Assembly and approval by the Secretary, as grants to
the | ||||||
27 | American Cancer Society for neuroblastoma and cancer
research, | ||||||
28 | education, screening, and treatment.
| ||||||
29 | (Source: P.A. 92-711, eff. 7-19-02; revised
8-23-02.)
| ||||||
30 | (625 ILCS
5/3-803) (from Ch. 95 1/2, par.
3-803)
| ||||||
31 | Sec. 3-803.
Reductions.
| ||||||
32 | (a) Reduction of
fees and taxes prescribed in this Chapter | ||||||
33 | shall be applicable only to vehicles newly-acquired by
the | ||||||
34 | owner after the beginning of a registration period or
which | ||||||
35 | become subject to registration after the beginning of
a |
| |||||||
| |||||||
1 | registration period as specified in this Act. The
Secretary of | ||||||
2 | State may deny a reduction as to any vehicle operated
in this | ||||||
3 | State without being properly and timely registered in
Illinois | ||||||
4 | under this Chapter, of a vehicle in violation of any
provision | ||||||
5 | of this Chapter, or upon detection of such violation
by an | ||||||
6 | audit, or upon determining that such vehicle was
operated in | ||||||
7 | Illinois before such violation. Bond or other security
in the | ||||||
8 | proper amount may be required by the Secretary of
State while | ||||||
9 | the matter is under investigation. Reductions shall be
granted | ||||||
10 | if a person becomes the owner after the dates
specified or if a | ||||||
11 | vehicle becomes subject to registration under this
Act, as | ||||||
12 | amended, after the dates specified.
| ||||||
13 | (b) Vehicles of
the First Division. The annual fees and | ||||||
14 | taxes prescribed by Section 3-806 shall be reduced by
50% on | ||||||
15 | and after June 15, except as provided in Sections
3-414 and | ||||||
16 | 3-802 of this Act. | ||||||
17 | (c) Vehicles of
the Second Division. The annual fees and | ||||||
18 | taxes prescribed by Sections 3-402, 3-402.1, 3-815 and
3-819 | ||||||
19 | and paid on a calendar year for such vehicles shall be
reduced | ||||||
20 | on a quarterly basis if the vehicle becomes subject to
| ||||||
21 | registration on and after March 31, June 30 or
September 30. | ||||||
22 | Where such fees and taxes are payable on a fiscal year
basis, | ||||||
23 | they shall be reduced on a quarterly basis on and
after | ||||||
24 | September 30, December 31 or March 31.
| ||||||
25 | (d) Two-year
Registrations. The fees and taxes prescribed | ||||||
26 | by Section 3-808 for 2-year registrations shall not be
reduced | ||||||
27 | in any event. However, the fees and taxes prescribed
for all | ||||||
28 | other 2-year registrations by this Act, shall be
reduced as | ||||||
29 | follows: | ||||||
30 | By 25% on and
after June 15; | ||||||
31 | By 50% on and
after December 15; | ||||||
32 | By 75% on and
after the next ensuing June 15. | ||||||
33 | (e) The
registration fees and taxes imposed upon certain | ||||||
34 | vehicles shall not be reduced by any amount in any
event in the | ||||||
35 | following instances: | ||||||
36 | Permits under
Sections 3-403 and 3-811; |
| |||||||
| |||||||
1 | Municipal Buses
under Section 3-807; | ||||||
2 | Governmental or
charitable vehicles under Section 3-808; | ||||||
3 | Farm Machinery
under Section 3-809; | ||||||
4 | Soil and
conservation equipment under Section 3-809.1; | ||||||
5 | Special Plates
under Section 3-810; | ||||||
6 | Permanently
mounted equipment under Section 3-812; | ||||||
7 | Registration fee
under Section 3-813; | ||||||
8 | Semitrailer fees
under Section 3-814; | ||||||
9 | Farm trucks under
Section 3-815; | ||||||
10 | Mileage weight
tax option under Section 3-818; | ||||||
11 | Farm trailers
under Section 3-819; | ||||||
12 | Duplicate plates
under Section 3-820; | ||||||
13 | Fees under
Section 3-821; | ||||||
14 | Security Fees
under Section 3-822; | ||||||
15 | Search Fees under
Section 3-823. | ||||||
16 | (f) The
reductions provided for shall not apply to any | ||||||
17 | vehicle of the first or second division registered by
the same | ||||||
18 | applicant in the prior registration year.
| ||||||
19 | The changes to
this Section made by Public Act 84-210 take | ||||||
20 | This bill takes effect
with the 1986 Calendar Registration | ||||||
21 | Year. | ||||||
22 | (g) Reductions
shall in no event result in payment of a fee | ||||||
23 | or tax less than $6, and the Secretary of State shall
| ||||||
24 | promulgate schedules of fees reflecting applicable
reductions. | ||||||
25 | Where any reduced amount is not stated in full
dollars, the | ||||||
26 | Secretary of State may adjust the amount due to the
nearest | ||||||
27 | full dollar amount. | ||||||
28 | (h) The
reductions provided for in subsections (a) through | ||||||
29 | (g) of this Section shall not apply to those vehicles
of the | ||||||
30 | first or second division registered on a staggered
registration | ||||||
31 | basis. | ||||||
32 | (i) A vehicle
which becomes subject to registration during | ||||||
33 | the last month of the current registration year is
exempt from | ||||||
34 | any applicable reduced fourth quarter or second
semiannual | ||||||
35 | registration fee, and may register for the subsequent
| ||||||
36 | registration year as its initial registration. This
subsection |
| |||||||
| |||||||
1 | does not include those apportioned and prorated fees
under | ||||||
2 | Sections 3-402 and 3-402.1 of this Code.
| ||||||
3 | (Source: P.A. 84-1311; revised 2-25-02.)
| ||||||
4 | (625 ILCS
5/3-815.1)
| ||||||
5 | Sec. 3-815.1.
Commercial distribution fee. Beginning July
| ||||||
6 | 1, 2003, in addition to any tax or fee imposed under
this Code:
| ||||||
7 | (a)
Vehicles of the second division with a gross | ||||||
8 | vehicle weight that exceeds
8,000 pounds and that incur any | ||||||
9 | tax or fee under subsection
(a) of Section 3-815 of this | ||||||
10 | Code or subsection (a) of
Section 3-818 of this Code, as | ||||||
11 | applicable,
and shall pay to the Secretary
of State a | ||||||
12 | commercial distribution fee,
for each registration year, | ||||||
13 | for the use of the public
highways, State infrastructure, | ||||||
14 | and State services, in an
amount equal to 36% of the taxes | ||||||
15 | and fees incurred under
subsection (a) of Section 3-815 of | ||||||
16 | this Code, or subsection (a)
of Section 3-818 of this Code, | ||||||
17 | as applicable, rounded up to
the nearest whole dollar.
| ||||||
18 | (b)
Vehicles of the second division with a gross | ||||||
19 | vehicle weight of 8,000 pounds
or less and that incur any | ||||||
20 | tax or fee under subsection
(a) of Section 3-815 of this | ||||||
21 | Code or subsection (a) of
Section 3-818 of this Code, as | ||||||
22 | applicable, and have claimed
the rolling stock exemption | ||||||
23 | under the Retailers'
Occupation Tax Act, Use Tax Act, | ||||||
24 | Service Occupation Tax Act, or
Service Use Tax Act shall | ||||||
25 | pay to the Illinois Department
of Revenue (or the Secretary | ||||||
26 | of State under an
intergovernmental agreement) a | ||||||
27 | commercial distribution fee,
for each registration year, | ||||||
28 | for the use of the public
highways, State infrastructure, | ||||||
29 | and State services, in an
amount equal to 36% of the taxes | ||||||
30 | and fees incurred under
subsection (a) of Section 3-815 of | ||||||
31 | this Code or subsection (a) of
Section 3-818 of this Code, | ||||||
32 | as applicable, rounded up to
the nearest whole dollar. | ||||||
33 | The fees paid
under this Section shall be deposited by the | ||||||
34 | Secretary of State into the General Revenue
Fund. | ||||||
35 | (Source: P.A. 93-23, eff. 6-20-03; revised
10-9-03.)
|
| |||||||
| |||||||
1 | (625 ILCS
5/6-411) (from Ch. 95 1/2, par.
6-411)
| ||||||
2 | Sec. 6-411.
Qualifications of Driver Training Instructors. | ||||||
3 | In order to qualify for a license as an instructor for
a | ||||||
4 | driving school, an applicant must:
| ||||||
5 | (a) Be of good
moral character; | ||||||
6 | (b) Authorize an
investigation to include a fingerprint | ||||||
7 | based background check to determine if the applicant
has ever | ||||||
8 | been convicted of a crime and if so, the disposition
of those | ||||||
9 | convictions; this authorization shall indicate the
scope of the | ||||||
10 | inquiry and the agencies which may be contacted. Upon
this | ||||||
11 | authorization the Secretary of State may request and
receive | ||||||
12 | information and assistance from any federal, state or
local | ||||||
13 | governmental agency as part of the authorized
investigation. | ||||||
14 | Each applicant shall submit
have his or her fingerprints
| ||||||
15 | submitted to the
Department of State Police in the form and | ||||||
16 | manner prescribed by the Department of State Police.
These | ||||||
17 | fingerprints shall be checked against the fingerprint
records | ||||||
18 | now and hereafter filed in the Department of State
Police and | ||||||
19 | Federal Bureau of Investigation criminal history
records | ||||||
20 | record information
databases. The Department of State Police | ||||||
21 | shall charge a fee for conducting the criminal history
records | ||||||
22 | check, which shall be deposited in the State Police
Services | ||||||
23 | Fund and shall not exceed the actual cost of the
records check. | ||||||
24 | The applicant shall be required to pay all related
fingerprint | ||||||
25 | fees including, but not limited to, the amounts
established by | ||||||
26 | the Department of State Police and the Federal Bureau
of | ||||||
27 | Investigation to process fingerprint based criminal
background | ||||||
28 | investigations. The Department of State Police shall
provide | ||||||
29 | information concerning any criminal convictions, and
their | ||||||
30 | disposition, brought against the applicant upon
request of the | ||||||
31 | Secretary of State when the request is made in the
form and | ||||||
32 | manner required by the Department of State Police.
Unless | ||||||
33 | otherwise prohibited by law, the information derived
from this | ||||||
34 | investigation including the source of this
information, and any | ||||||
35 | conclusions or recommendations derived from this
information |
| |||||||
| |||||||
1 | by the Secretary of State shall be provided to the
applicant, | ||||||
2 | or his designee, upon request to the Secretary of
State, prior | ||||||
3 | to any final action by the Secretary of State on the
| ||||||
4 | application. Any criminal convictions and their
disposition | ||||||
5 | information obtained by the Secretary of State shall
be | ||||||
6 | confidential and may not be transmitted outside the
Office of | ||||||
7 | the Secretary of State, except as required herein, and
may not | ||||||
8 | be transmitted to anyone within the Office of the
Secretary of | ||||||
9 | State except as needed for the purpose of evaluating
the | ||||||
10 | applicant. The information obtained from this
investigation | ||||||
11 | may be maintained by the Secretary of State or any
agency to | ||||||
12 | which such information was transmitted. Only
information and | ||||||
13 | standards which bear a reasonable and rational
relation to the | ||||||
14 | performance of a driver training instructor shall be
used by | ||||||
15 | the Secretary of State. Any employee of the Secretary
of State | ||||||
16 | who gives or causes to be given away any confidential
| ||||||
17 | information concerning any criminal charges and their
| ||||||
18 | disposition of an applicant shall be guilty of a Class
A | ||||||
19 | misdemeanor unless release of such information is
authorized by | ||||||
20 | this Section; | ||||||
21 | (c) Pass such
examination as the Secretary of State shall | ||||||
22 | require on (1) traffic laws, (2) safe driving
practices, (3) | ||||||
23 | operation of motor vehicles, and (4) qualifications of
teacher; | ||||||
24 | (d) Be physically
able to operate safely a motor vehicle | ||||||
25 | and to train others in the operation of motor
vehicles. An | ||||||
26 | instructors license application must be accompanied by
a | ||||||
27 | medical examination report completed by a competent
physician | ||||||
28 | licensed to practice in the State of
Illinois; | ||||||
29 | (e) Hold a valid
Illinois drivers license; | ||||||
30 | (f) Have
graduated from an accredited high school after at | ||||||
31 | least 4 years of high school education or the
equivalent; and | ||||||
32 | (g) Pay to the
Secretary of State an application and | ||||||
33 | license fee of $70. | ||||||
34 | If a driver
training school class room instructor teaches | ||||||
35 | an approved driver education course, as defined in
Section | ||||||
36 | 1-103 of this Code, to students under 18 years of age,
he or |
| |||||||
| |||||||
1 | she shall furnish to the Secretary of State a
certificate | ||||||
2 | issued by the State Board of Education that the said
instructor | ||||||
3 | is qualified and meets the minimum educational
standards for | ||||||
4 | teaching driver education courses in the local public
or | ||||||
5 | parochial school systems, except that no State Board
of | ||||||
6 | Education certification shall be required of any
instructor who | ||||||
7 | teaches exclusively in a commercial driving school. On
and | ||||||
8 | after July 1, 1986, the existing rules and regulations
of the | ||||||
9 | State Board of Education concerning commercial driving
schools | ||||||
10 | shall continue to remain in effect but shall be
administered by | ||||||
11 | the Secretary of State until such time as the
Secretary of | ||||||
12 | State shall amend or repeal the rules in accordance
with The | ||||||
13 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
14 | Secretary of State shall issue a certificate of
completion to a | ||||||
15 | student under 18 years of age who has completed an
approved | ||||||
16 | driver education course at a commercial driving
school. | ||||||
17 | (Source: P.A. 93-408, eff. 1-1-04; 93-418, eff.
1-1-04; revised | ||||||
18 | 9-15-03.)
| ||||||
19 | (625 ILCS
5/6-500) (from Ch. 95 1/2, par.
6-500)
| ||||||
20 | Sec. 6-500.
Definitions of words and phrases. | ||||||
21 | Notwithstanding the definitions set forth elsewhere in
this | ||||||
22 | Code, for purposes of the Uniform Commercial Driver's
License | ||||||
23 | Act (UCDLA), the words and phrases listed below have
the | ||||||
24 | meanings ascribed to them as follows:
| ||||||
25 | (1) Alcohol.
"Alcohol" means any substance containing any | ||||||
26 | form of alcohol, including but not limited to ethanol,
| ||||||
27 | methanol, propanol, and isopropanol.
| ||||||
28 | (2) Alcohol
concentration. "Alcohol concentration" means:
| ||||||
29 | (A)
the number of grams of alcohol per 210 liters of | ||||||
30 | breath; or
| ||||||
31 | (B)
the number of grams of alcohol per 100 milliliters | ||||||
32 | of blood; or
| ||||||
33 | (C)
the number of grams of alcohol per 67 milliliters | ||||||
34 | of urine.
| ||||||
35 | Alcohol tests
administered within 2 hours of the driver |
| |||||||
| |||||||
1 | being "stopped or detained" shall be considered that
driver's | ||||||
2 | "alcohol concentration" for the purposes of enforcing
this | ||||||
3 | UCDLA. | ||||||
4 | (3)
(Blank). | ||||||
5 | (4)
(Blank). | ||||||
6 | (5)
(Blank). | ||||||
7 | (6) Commercial
Motor Vehicle.
| ||||||
8 | (A)
"Commercial motor vehicle" means a motor vehicle, | ||||||
9 | except those referred to in
subdivision (B), designed to | ||||||
10 | transport passengers or
property if:
| ||||||
11 | (i)
the vehicle has a GVWR of 26,001 pounds or more | ||||||
12 | or
such a lesser GVWR as subsequently determined by | ||||||
13 | federal
regulations or the Secretary of State; or any | ||||||
14 | combination
of vehicles with a GCWR of 26,001 pounds or | ||||||
15 | more,
provided the GVWR of any vehicle or vehicles | ||||||
16 | being
towed is 10,001 pounds or more; or
| ||||||
17 | (ii)
the vehicle is designed to transport 16 or | ||||||
18 | more
persons; or
| ||||||
19 | (iii)
the vehicle is transporting hazardous | ||||||
20 | materials
and is required to be placarded in accordance | ||||||
21 | with
49 C.F.R. Part 172, subpart F.
| ||||||
22 | (B)
Pursuant to the interpretation of the Commercial | ||||||
23 | Motor Vehicle Safety Act of
1986 by the Federal Highway | ||||||
24 | Administration, the definition
of "commercial motor | ||||||
25 | vehicle" does not
include:
| ||||||
26 | (i)
recreational vehicles, when operated primarily | ||||||
27 | for
personal use;
| ||||||
28 | (ii)
United States Department of Defense vehicles | ||||||
29 | being
operated by non-civilian personnel. This | ||||||
30 | includes
any operator on active military duty; members | ||||||
31 | of the
Reserves; National Guard; personnel on | ||||||
32 | part-time
training; and National Guard military | ||||||
33 | technicians
(civilians who are required to wear | ||||||
34 | military
uniforms and are subject to the Code of | ||||||
35 | Military
Justice); or
| ||||||
36 | (iii)
firefighting and other emergency equipment |
| |||||||
| |||||||
1 | with
audible and visual signals, owned or operated by | ||||||
2 | or for
a governmental entity, which is necessary to the | ||||||
3 | preservation
of life or property or the execution of | ||||||
4 | emergency
governmental functions which are normally | ||||||
5 | not
subject to general traffic rules and regulations.
| ||||||
6 | (7) Controlled
Substance. "Controlled substance" shall | ||||||
7 | have the same meaning as defined in Section 102 of the
Illinois | ||||||
8 | Controlled Substances Act, and shall also include
cannabis as | ||||||
9 | defined in Section 3 of the Cannabis Control
Act. | ||||||
10 | (8) Conviction.
"Conviction" means an unvacated | ||||||
11 | adjudication of guilt or a determination that a person
has | ||||||
12 | violated or failed to comply with the law in a court
of | ||||||
13 | original jurisdiction or an authorized administrative
| ||||||
14 | tribunal; an unvacated forfeiture of bail or
collateral | ||||||
15 | deposited to secure the person's appearance in court;
the | ||||||
16 | payment of a fine or court cost regardless of whether
the | ||||||
17 | imposition of sentence is deferred and ultimately a
judgment | ||||||
18 | dismissing the underlying charge is entered; or a
violation of | ||||||
19 | a condition of release without bail, regardless of
whether or | ||||||
20 | not the penalty is rebated, suspended or
probated. | ||||||
21 | (9)
(Blank). | ||||||
22 | (10)
(Blank). | ||||||
23 | (11)
(Blank). | ||||||
24 | (12)
(Blank). | ||||||
25 | (13) Driver.
"Driver" means any person who drives, | ||||||
26 | operates, or is in physical control of a commercial
motor | ||||||
27 | vehicle, or who is required to hold a
CDL. | ||||||
28 | (14) Employee.
"Employee" means a person who is employed as | ||||||
29 | a commercial motor vehicle driver. A person who is
| ||||||
30 | self-employed as a commercial motor vehicle driver
must comply | ||||||
31 | with the requirements of this UCDLA pertaining to
employees. An | ||||||
32 | owner-operator on a long-term lease shall be
considered an | ||||||
33 | employee. | ||||||
34 | (15) Employer.
"Employer" means a person (including the | ||||||
35 | United States, a State or a local authority) who owns
or leases | ||||||
36 | a commercial motor vehicle or assigns employees to
operate such |
| |||||||
| |||||||
1 | a vehicle. A person who is self-employed as a
commercial motor | ||||||
2 | vehicle driver must comply with the requirements of
this UCDLA. | ||||||
3 | (16)
(Blank). | ||||||
4 | (17) Foreign
jurisdiction. "Foreign jurisdiction" means a | ||||||
5 | sovereign jurisdiction that does not fall within the
definition | ||||||
6 | of "State". | ||||||
7 | (18)
(Blank). | ||||||
8 | (19)
(Blank). | ||||||
9 | (20) Hazardous
Material. Upon a finding by the United | ||||||
10 | States Secretary of Transportation, in his or her
discretion, | ||||||
11 | under 49 App. U.S.C. 5103(a), that the transportation
of a | ||||||
12 | particular quantity and form of material in commerce
may pose | ||||||
13 | an unreasonable risk to health and safety or property,
he or | ||||||
14 | she shall designate the quantity and form of material
or group | ||||||
15 | or class of the materials as a hazardous material. The
| ||||||
16 | materials so designated may include but are not
limited to | ||||||
17 | explosives, radioactive materials, etiologic agents,
flammable | ||||||
18 | liquids or solids, combustible liquids or solids,
poisons, | ||||||
19 | oxidizing or corrosive materials, and compressed
gases. | ||||||
20 | (21) Long-term
lease. "Long-term lease" means a lease of a | ||||||
21 | commercial motor vehicle by the owner-lessor to a
lessee, for a | ||||||
22 | period of more than 29 days.
| ||||||
23 | (22) Motor
Vehicle. "Motor vehicle" means every vehicle | ||||||
24 | which is self-propelled, and every vehicle which is
propelled | ||||||
25 | by electric power obtained from over head trolley
wires but not | ||||||
26 | operated upon rails, except vehicles moved solely by
human | ||||||
27 | power and motorized wheel chairs.
| ||||||
28 | (23) Non-resident
CDL. "Non-resident CDL" means a | ||||||
29 | commercial driver's license issued by a state to an
individual | ||||||
30 | who is domiciled in a foreign
jurisdiction. | ||||||
31 | (24)
(Blank). | ||||||
32 | (25)
(Blank). | ||||||
33 | (25.5)
Railroad-Highway Grade Crossing Violation. | ||||||
34 | "Railroad-highway grade crossing violation" means a
violation, | ||||||
35 | while operating a commercial motor vehicle, of any of
the | ||||||
36 | following:
|
| |||||||
| |||||||
1 | (A)
Section 11-1201, 11-1202, or 11-1425 of this | ||||||
2 | Code.
| ||||||
3 | (B)
(C) (D) (E) (F) (G) (H) Any
other similar law | ||||||
4 | or
local ordinance of any state relating to | ||||||
5 | railroad-highway
grade crossing. (A) (G)
| ||||||
6 | (26) Serious
Traffic Violation. "Serious traffic | ||||||
7 | violation" means:
| ||||||
8 | (A)
a conviction when operating a commercial motor | ||||||
9 | vehicle of:
| ||||||
10 | (i)
a violation relating to excessive speeding, | ||||||
11 | involving
a single speeding charge of 15 miles per hour | ||||||
12 | or
more above the legal speed limit; or
| ||||||
13 | (ii)
a violation relating to reckless driving; or
| ||||||
14 | (iii)
a violation of any State law or local | ||||||
15 | ordinance
relating to motor vehicle traffic control | ||||||
16 | (other
than parking violations) arising in connection | ||||||
17 | with a
fatal traffic accident; or
| ||||||
18 | (iv)
a violation of Section 6-501, relating to | ||||||
19 | having
multiple driver's licenses; or
| ||||||
20 | (v)
a violation of paragraph (a) of Section 6-507, | ||||||
21 | relating
to the requirement to have a valid CDL; or
| ||||||
22 | (vi)
a violation relating to improper or erratic | ||||||
23 | traffic
lane changes; or
| ||||||
24 | (vii)
a violation relating to following another | ||||||
25 | vehicle
too closely; or
| ||||||
26 | (B)
any other similar violation of a law or local | ||||||
27 | ordinance of any state
relating to motor vehicle traffic | ||||||
28 | control, other than a parking
violation, which the | ||||||
29 | Secretary of State determines
by administrative rule to be | ||||||
30 | serious.
| ||||||
31 | (27) State.
"State" means a state of the United States, the | ||||||
32 | District of Columbia and any province or territory of
Canada. | ||||||
33 | (28)
(Blank). | ||||||
34 | (29)
(Blank). | ||||||
35 | (30)
(Blank). | ||||||
36 | (31)
(Blank). |
| |||||||
| |||||||
1 | (Source: P.A. 92-249, eff. 1-1-02; 92-651, eff.
7-11-02; | ||||||
2 | 92-834, eff. 8-22-02; revised 8-26-02.)
| ||||||
3 | (625 ILCS
5/6-508) (from Ch. 95 1/2, par.
6-508)
| ||||||
4 | (Text of Section
before amendment by P.A. 93-644 ) | ||||||
5 | Sec. 6-508.
Commercial Driver's License (CDL) - | ||||||
6 | qualification standards.
| ||||||
7 | (a)
Testing.
| ||||||
8 | (1)
General. No person shall be issued an original or | ||||||
9 | renewal CDL unless that person
is domiciled in this State. | ||||||
10 | The Secretary shall cause to
be administered such tests as | ||||||
11 | the Secretary deems necessary
to meet the requirements of | ||||||
12 | 49 C.F.R. Part 383, subparts G
and H.
| ||||||
13 | (2)
Third party testing. The Secretary of state may | ||||||
14 | authorize a "third party
tester", pursuant to 49 C.F.R. | ||||||
15 | Part 383.75, to administer the
skills test or tests | ||||||
16 | specified by Federal Highway
Administration pursuant to | ||||||
17 | the Commercial Motor Vehicle
Safety Act of 1986 and any | ||||||
18 | appropriate federal
rule. | ||||||
19 | (b) Waiver of
Skills Test. The Secretary of State may waive | ||||||
20 | the skills test specified in this Section for a
commercial | ||||||
21 | driver license applicant who meets the requirements of
49 | ||||||
22 | C.F.R. Part 383.77. | ||||||
23 | (c) Limitations
on issuance of a CDL. A CDL, or a | ||||||
24 | commercial driver instruction permit, shall not be
issued to a | ||||||
25 | person while the person is subject to a
disqualification from | ||||||
26 | driving a commercial motor vehicle, or unless
otherwise | ||||||
27 | permitted by this Code, while the person's driver's
license is | ||||||
28 | suspended, revoked or cancelled in any state, or any
territory | ||||||
29 | or province of Canada; nor may a CDL be issued to a
person who | ||||||
30 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
31 | unless the person first surrenders all such licenses.
No CDL | ||||||
32 | shall be issued to or renewed for a person who does
not meet | ||||||
33 | the requirement of 49 CFR 391.41(b)(11). The
requirement may be | ||||||
34 | met with the aid of a hearing aid.
| ||||||
35 | (c-1) The
Secretary may issue a CDL with a school bus |
| |||||||
| |||||||
1 | driver endorsement to allow a person to drive the type
of bus | ||||||
2 | described in subsection (d-5) of Section 6-104 of this
Code. | ||||||
3 | The CDL with a school bus driver endorsement may be
issued only | ||||||
4 | to a person meeting the following
requirements:
| ||||||
5 | (1)
the person has submitted his or her fingerprints to | ||||||
6 | the Department of State Police
for fingerprint based | ||||||
7 | criminal background checks on
current and future | ||||||
8 | information available in the
state system and current | ||||||
9 | information available through
the Federal Bureau of | ||||||
10 | Investigation's
system;
| ||||||
11 | (2)
the person has passed a written test, administered | ||||||
12 | by the Secretary of State, on
charter bus operation, | ||||||
13 | charter bus safety, and
certain special traffic laws | ||||||
14 | relating to school buses
determined by the Secretary of | ||||||
15 | State to be relevant to
charter buses, and submitted to a | ||||||
16 | review of the applicant's
driving habits by the Secretary | ||||||
17 | of State at the time the
written test is given;
| ||||||
18 | (3)
the person has demonstrated physical fitness to | ||||||
19 | operate school buses by
submitting the results of a medical | ||||||
20 | examination, including tests
for drug use; and
| ||||||
21 | (4)
the person has not been convicted of committing or | ||||||
22 | attempting to commit any one
or more of the following | ||||||
23 | offenses: (i) those offenses
defined in Sections 9-1, | ||||||
24 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
9-3.3, 10-1, 10-2, 10-3.1, | ||||||
25 | 10-4, 10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | ||||||
26 | 11-15.1, 11-16, 11-17, 11-18,
11-19, 11-19.1, 11-19.2, | ||||||
27 | 11-20, 11-20.1, 11-21, 11-22,
12-3.1, 12-4.1, 12-4.2, | ||||||
28 | 12-4.3, 12-4.4, 12-4.5, 12-6,
12-6.2, 12-7.1, 12-7.3, | ||||||
29 | 12-7.4, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, | ||||||
30 | 12-16.2, 12-21.5, 12-21.6,
12-33, 18-1, 18-2, 18-3, 18-4, | ||||||
31 | 18-5, 20-1, 20-1.1, 20-2,
24-1, 24-1.1, 24-1.2, 24-3.3, | ||||||
32 | 31A-1, 31A-1.1, and 33A-2, and
in subsection (a) and | ||||||
33 | subsection (b), clause (1), of
Section 12-4 of the Criminal | ||||||
34 | Code of 1961; (ii) those
offenses defined in the Cannabis | ||||||
35 | Control Act except those
offenses defined in subsections | ||||||
36 | (a) and (b) of Section 4, and
subsection (a) of Section 5 |
| |||||||
| |||||||
1 | of the Cannabis Control Act;
(iii) those offenses defined | ||||||
2 | in the Illinois Controlled
Substances Act; (iv) any offense | ||||||
3 | committed or attempted in any
other state or against the | ||||||
4 | laws of the United States,
which if committed or attempted | ||||||
5 | in this State would be
punishable as one or more of the | ||||||
6 | foregoing offenses; (v) the
offenses defined in Sections | ||||||
7 | 4.1 and 5.1 of the Wrongs to
Children Act and (vi) those | ||||||
8 | offenses defined in Section
6-16 of the Liquor Control Act | ||||||
9 | of 1934.
| ||||||
10 | (d) Commercial
driver instruction permit. A commercial | ||||||
11 | driver instruction permit may be issued to any person
holding a | ||||||
12 | valid Illinois driver's license if such person
successfully | ||||||
13 | passes such tests as the Secretary determines to be
necessary. | ||||||
14 | A commercial driver instruction permit shall not be
issued to a | ||||||
15 | person who does not meet the requirements of 49 CFR
| ||||||
16 | 391.41(b)(11), except for the renewal of a commercial
driver | ||||||
17 | instruction permit for a person who possesses a
commercial | ||||||
18 | instruction permit prior to the effective date of this
| ||||||
19 | amendatory Act of 1999. | ||||||
20 | (Source: P.A. 93-476, eff. 1-1-04.)
| ||||||
21 | (Text of Section
after amendment by P.A. 93-644 ) | ||||||
22 | Sec. 6-508.
Commercial Driver's License (CDL) - | ||||||
23 | qualification standards.
| ||||||
24 | (a) Testing.
| ||||||
25 | (1)
General. No person shall be issued an original or | ||||||
26 | renewal CDL unless that person
is domiciled in this State. | ||||||
27 | The Secretary shall cause to
be administered such tests as | ||||||
28 | the Secretary deems necessary
to meet the requirements of | ||||||
29 | 49 C.F.R. Part 383, subparts G
and H.
| ||||||
30 | (2)
Third party testing. The Secretary of state may | ||||||
31 | authorize a "third party
tester", pursuant to 49 C.F.R. | ||||||
32 | Part 383.75, to administer the
skills test or tests | ||||||
33 | specified by Federal Highway
Administration pursuant to | ||||||
34 | the Commercial Motor Vehicle
Safety Act of 1986 and any | ||||||
35 | appropriate federal rule.
|
| |||||||
| |||||||
1 | (b) Waiver of
Skills Test. The Secretary of State may waive | ||||||
2 | the skills test specified in this Section for a
commercial | ||||||
3 | driver license applicant who meets the requirements of
49 | ||||||
4 | C.F.R. Part 383.77.
| ||||||
5 | (c) Limitations
on issuance of a CDL. A CDL, or a | ||||||
6 | commercial driver instruction permit, shall not be
issued to a | ||||||
7 | person while the person is subject to a
disqualification from | ||||||
8 | driving a commercial motor vehicle, or unless
otherwise | ||||||
9 | permitted by this Code, while the person's driver's
license is | ||||||
10 | suspended, revoked or cancelled in any state, or any
territory | ||||||
11 | or province of Canada; nor may a CDL be issued to a
person who | ||||||
12 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
13 | unless the person first surrenders all such licenses.
No CDL | ||||||
14 | shall be issued to or renewed for a person who does
not meet | ||||||
15 | the requirement of 49 CFR 391.41(b)(11). The
requirement may be | ||||||
16 | met with the aid of a hearing aid.
| ||||||
17 | (c-1) The
Secretary may issue a CDL with a school bus | ||||||
18 | driver endorsement to allow a person to drive the type
of bus | ||||||
19 | described in subsection (d-5) of Section 6-104 of this
Code. | ||||||
20 | The CDL with a school bus driver endorsement may be
issued only | ||||||
21 | to a person meeting the following
requirements: | ||||||
22 | (1)
the person has submitted his or her fingerprints to | ||||||
23 | the Department of State Police
in the form and manner | ||||||
24 | prescribed by the Department
of State Police. These | ||||||
25 | fingerprints shall be checked
against the fingerprint | ||||||
26 | records now and hereafter
filed in the Department of State | ||||||
27 | Police and Federal Bureau of
Investigation criminal | ||||||
28 | history records databases
for fingerprint based criminal | ||||||
29 | background checks on
current and future information | ||||||
30 | available in the state
system and current information | ||||||
31 | available through the
Federal Bureau of Investigation's | ||||||
32 | system ;
| ||||||
33 | (2)
the person has passed a written test, administered | ||||||
34 | by the Secretary of State, on
charter bus operation, | ||||||
35 | charter bus safety, and
certain special traffic laws | ||||||
36 | relating to school buses
determined by the Secretary of |
| |||||||
| |||||||
1 | State to be relevant to
charter buses, and submitted to a | ||||||
2 | review of the applicant's
driving habits by the Secretary | ||||||
3 | of State at the time the
written test is given; | ||||||
4 | (3)
the person has demonstrated physical fitness to | ||||||
5 | operate school buses by
submitting the results of a medical | ||||||
6 | examination, including tests
for drug use; and
| ||||||
7 | (4)
the person has not been convicted of committing or | ||||||
8 | attempting to commit any one
or more of the following | ||||||
9 | offenses: (i) those offenses
defined in Sections 9-1, | ||||||
10 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
9-3.3, 10-1, 10-2, 10-3.1, | ||||||
11 | 10-4, 10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | ||||||
12 | 11-15.1, 11-16, 11-17, 11-18,
11-19, 11-19.1, 11-19.2, | ||||||
13 | 11-20, 11-20.1, 11-21, 11-22,
12-3.1, 12-4.1, 12-4.2, | ||||||
14 | 12-4.3, 12-4.4, 12-4.5, 12-6,
12-6.2, 12-7.1, 12-7.3, | ||||||
15 | 12-7.4, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, | ||||||
16 | 12-16.2, 12-21.5, 12-21.6,
12-33, 18-1, 18-2, 18-3, 18-4, | ||||||
17 | 18-5, 20-1, 20-1.1, 20-2,
24-1, 24-1.1, 24-1.2, 24-3.3, | ||||||
18 | 31A-1, 31A-1.1, and 33A-2, and
in subsection (a) and | ||||||
19 | subsection (b), clause (1), of
Section 12-4 of the Criminal | ||||||
20 | Code of 1961; (ii) those
offenses defined in the Cannabis | ||||||
21 | Control Act except those
offenses defined in subsections | ||||||
22 | (a) and (b) of Section 4, and
subsection (a) of Section 5 | ||||||
23 | of the Cannabis Control Act;
(iii) those offenses defined | ||||||
24 | in the Illinois Controlled
Substances Act; (iv) any offense | ||||||
25 | committed or attempted in any
other state or against the | ||||||
26 | laws of the United States,
which if committed or attempted | ||||||
27 | in this State would be
punishable as one or more of the | ||||||
28 | foregoing offenses; (v) the
offenses defined in Sections | ||||||
29 | 4.1 and 5.1 of the Wrongs to
Children Act and (vi) those | ||||||
30 | offenses defined in Section
6-16 of the Liquor Control Act | ||||||
31 | of 1934.
| ||||||
32 | The Department of
State Police shall charge a fee for | ||||||
33 | conducting the criminal history records check, which
shall be | ||||||
34 | deposited into the State Police Services Fund and may
not | ||||||
35 | exceed the actual cost of the records check.
| ||||||
36 | (d) Commercial
driver instruction permit. A commercial |
| |||||||
| |||||||
1 | driver instruction permit may be issued to any person
holding a | ||||||
2 | valid Illinois driver's license if such person
successfully | ||||||
3 | passes such tests as the Secretary determines to be
necessary. | ||||||
4 | A commercial driver instruction permit shall not be
issued to a | ||||||
5 | person who does not meet the requirements of 49 CFR
391.41 | ||||||
6 | (b)(11), except for the renewal of a commercial driver
| ||||||
7 | instruction permit for a person who possesses a
commercial | ||||||
8 | instruction permit prior to the effective date of this
| ||||||
9 | amendatory Act of 1999.
| ||||||
10 | (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff.
6-1-04; revised | ||||||
11 | 1-13-04.)
| ||||||
12 | (625 ILCS
5/11-501) (from Ch. 95 1/2, par.
11-501)
| ||||||
13 | Sec. 11-501.
Driving while under the influence of alcohol, | ||||||
14 | other drug or drugs, intoxicating compound or
compounds or any | ||||||
15 | combination thereof. | ||||||
16 | (a) A person
shall not drive or be in actual physical | ||||||
17 | control of any vehicle within this State
while:
| ||||||
18 | (1)
the alcohol concentration in the person's blood or | ||||||
19 | breath is 0.08 or more based
on the definition of blood and | ||||||
20 | breath units in Section
11-501.2;
| ||||||
21 | (2)
under the influence of alcohol;
| ||||||
22 | (3)
under the influence of any intoxicating compound or | ||||||
23 | combination of intoxicating
compounds to a degree that | ||||||
24 | renders the person incapable
of driving safely;
| ||||||
25 | (4)
under the influence of any other drug or | ||||||
26 | combination of drugs to a
degree that renders the person | ||||||
27 | incapable of safely
driving;
| ||||||
28 | (5)
under the combined influence of alcohol, other drug | ||||||
29 | or drugs, or intoxicating
compound or compounds to a degree | ||||||
30 | that renders the person
incapable of safely driving; or
| ||||||
31 | (6)
there is any amount of a drug, substance, or | ||||||
32 | compound in the person's
breath, blood, or urine resulting | ||||||
33 | from the unlawful use or
consumption of cannabis listed in | ||||||
34 | the Cannabis Control Act, a
controlled substance listed in | ||||||
35 | the Illinois Controlled
Substances Act, or an intoxicating |
| |||||||
| |||||||
1 | compound listed in the Use of
Intoxicating Compounds Act. | ||||||
2 | (b) The fact that
any person charged with violating this | ||||||
3 | Section is or has been legally entitled to use
alcohol, other | ||||||
4 | drug or drugs, or intoxicating compound or compounds,
or any | ||||||
5 | combination thereof, shall not constitute a defense
against any | ||||||
6 | charge of violating this Section.
| ||||||
7 | (c) Except as
provided under paragraphs (c-3), (c-4), and | ||||||
8 | (d) of this Section, every person convicted of
violating this | ||||||
9 | Section or a similar provision of a local ordinance,
shall be | ||||||
10 | guilty of a Class A misdemeanor and, in addition to
any other | ||||||
11 | criminal or administrative action, for any second
conviction of | ||||||
12 | violating this Section or a similar provision of a law
of | ||||||
13 | another state or local ordinance committed within 5
years of a | ||||||
14 | previous violation of this Section or a similar
provision of a | ||||||
15 | local ordinance shall be mandatorily sentenced to a
minimum of | ||||||
16 | 5 days of imprisonment or assigned to a minimum of 30
days of | ||||||
17 | community service as may be determined by the court.
Every | ||||||
18 | person convicted of violating this Section or a
similar | ||||||
19 | provision of a local ordinance shall be subject to an
| ||||||
20 | additional mandatory minimum fine of $500 and an
additional | ||||||
21 | mandatory 5 days of community service in a program
benefiting | ||||||
22 | children if the person committed a violation of
paragraph (a) | ||||||
23 | or a similar provision of a local ordinance while
transporting | ||||||
24 | a person under age 16. Every person convicted a second
time for | ||||||
25 | violating this Section or a similar provision of a
local | ||||||
26 | ordinance within 5 years of a previous violation of
this | ||||||
27 | Section or a similar provision of a law of another
state or | ||||||
28 | local ordinance shall be subject to an additional
mandatory | ||||||
29 | minimum fine of $500 and an additional 10 days of
mandatory | ||||||
30 | community service in a program benefiting children if
the | ||||||
31 | current offense was committed while transporting a
person under | ||||||
32 | age 16. The imprisonment or assignment under this
subsection | ||||||
33 | shall not be subject to suspension nor shall the
person be | ||||||
34 | eligible for probation in order to reduce the sentence
or | ||||||
35 | assignment.
| ||||||
36 | (c-1) (1) A
person who violates this Section during a |
| |||||||
| |||||||
1 | period in which his or her
driving privileges are revoked | ||||||
2 | or suspended, where the
revocation or suspension was for a | ||||||
3 | violation of this Section,
Section 11-501.1, paragraph (b) | ||||||
4 | of Section 11-401, or Section
9-3 of the Criminal Code of | ||||||
5 | 1961 is guilty of a Class 4
felony.
| ||||||
6 | (2)
A person who violates this Section a third time | ||||||
7 | during a period in which his
or her driving privileges are | ||||||
8 | revoked or suspended where the
revocation or suspension was | ||||||
9 | for a violation of this
Section, Section 11-501.1, | ||||||
10 | paragraph (b) of Section
11-401, or Section 9-3 of the | ||||||
11 | Criminal Code of 1961 is
guilty of a Class 3 felony.
| ||||||
12 | (3)
A person who violates this Section a fourth or | ||||||
13 | subsequent time during a
period in which his or her driving | ||||||
14 | privileges are revoked or
suspended where the revocation or | ||||||
15 | suspension was for a violation
of this Section, Section | ||||||
16 | 11-501.1, paragraph (b) of
Section 11-401, or Section 9-3 | ||||||
17 | of the Criminal Code of 1961
is guilty of a Class 2 felony. | ||||||
18 | (c-2)
(Blank). | ||||||
19 | (c-3) Every
person convicted of violating this Section or a | ||||||
20 | similar provision of a local ordinance who had a child
under | ||||||
21 | age 16 in the vehicle at the time of the offense shall
have his | ||||||
22 | or her punishment under this Act enhanced by 2 days of
| ||||||
23 | imprisonment for a first offense, 10 days of
imprisonment for a | ||||||
24 | second offense, 30 days of imprisonment for a third
offense, | ||||||
25 | and 90 days of imprisonment for a fourth or subsequent
offense, | ||||||
26 | in addition to the fine and community service required
under | ||||||
27 | subsection (c) and the possible imprisonment required
under | ||||||
28 | subsection (d). The imprisonment or assignment under
this | ||||||
29 | subsection shall not be subject to suspension nor
shall the | ||||||
30 | person be eligible for probation in order to reduce
the | ||||||
31 | sentence or assignment. | ||||||
32 | (c-4) When a
person is convicted of violating Section | ||||||
33 | 11-501 of this Code or a similar provision of a local
| ||||||
34 | ordinance, the following penalties apply when his or
her blood, | ||||||
35 | breath, or urine was .16 or more based on the
definition of | ||||||
36 | blood, breath, or urine units in Section 11-501.2 or
when that |
| |||||||
| |||||||
1 | person is convicted of violating this Section while
| ||||||
2 | transporting a child under the age of 16:
| ||||||
3 | (1)
A person who is convicted of violating subsection | ||||||
4 | (a) of Section 11-501 of this
Code a first time, in | ||||||
5 | addition to any other penalty
that may be imposed under | ||||||
6 | subsection (c), is subject to
a mandatory minimum of 100 | ||||||
7 | hours of community service and
a minimum fine of $500.
| ||||||
8 | (2)
A person who is convicted of violating subsection | ||||||
9 | (a) of Section 11-501 of this
Code a second time within 10 | ||||||
10 | years, in addition to any
other penalty that may be imposed | ||||||
11 | under subsection (c), is
subject to a mandatory minimum of | ||||||
12 | 2 days of imprisonment and a
minimum fine of $1,250.
| ||||||
13 | (3)
A person who is convicted of violating subsection | ||||||
14 | (a) of Section 11-501 of this
Code a third time within 20 | ||||||
15 | years is guilty of a Class 4
felony and, in addition to any | ||||||
16 | other penalty that may be
imposed under subsection (c), is | ||||||
17 | subject to a mandatory minimum
of 90 days of imprisonment | ||||||
18 | and a minimum fine of
$2,500.
| ||||||
19 | (4)
A person who is convicted of violating this | ||||||
20 | subsection (c-4) a fourth or
subsequent time is guilty of a | ||||||
21 | Class 2 felony and, in
addition to any other penalty that | ||||||
22 | may be imposed under
subsection (c), is not eligible for a | ||||||
23 | sentence of probation or
conditional discharge and is | ||||||
24 | subject to a minimum fine of
$2,500.
| ||||||
25 | (d) (1) Every
person convicted of committing a violation of | ||||||
26 | this Section shall be guilty
of aggravated driving under | ||||||
27 | the influence of alcohol,
other drug or drugs, or | ||||||
28 | intoxicating compound or
compounds, or any combination | ||||||
29 | thereof if:
| ||||||
30 | (A)
the person committed a violation of this | ||||||
31 | Section,
or a similar provision of a law of another | ||||||
32 | state
or a local ordinance when the cause of action is | ||||||
33 | the
same as or substantially similar to this Section, | ||||||
34 | for
the third or subsequent time;
| ||||||
35 | (B)
the person committed a violation of paragraph | ||||||
36 | (a)
while driving a school bus with children on board;
|
| |||||||
| |||||||
1 | (C)
the person in committing a violation of | ||||||
2 | paragraph
(a) was involved in a motor vehicle accident | ||||||
3 | that
resulted in great bodily harm or permanent | ||||||
4 | disability
or disfigurement to another, when the | ||||||
5 | violation
was a proximate cause of the injuries;
| ||||||
6 | (D)
the person committed a violation of paragraph | ||||||
7 | (a)
for a second time and has been previously convicted | ||||||
8 | of
violating Section 9-3 of the Criminal Code of 1961 | ||||||
9 | relating
to reckless homicide in which the person was | ||||||
10 | determined
to have been under the influence of alcohol, | ||||||
11 | other
drug or drugs, or intoxicating compound or | ||||||
12 | compounds
as an element of the offense or the person | ||||||
13 | has
previously been convicted under subparagraph (C) | ||||||
14 | or
subparagraph (F) of this paragraph (1);
| ||||||
15 | (E)
the person, in committing a violation of | ||||||
16 | paragraph
(a) while driving at any speed in a school | ||||||
17 | speed
zone at a time when a speed limit of 20 miles per | ||||||
18 | hour
was in effect under subsection (a) of Section | ||||||
19 | 11-605
of this Code, was involved in a motor vehicle | ||||||
20 | accident
that resulted in bodily harm, other than great | ||||||
21 | bodily
harm or permanent disability or disfigurement, | ||||||
22 | to
another person, when the violation of paragraph (a) | ||||||
23 | was a
proximate cause of the bodily harm; or
| ||||||
24 | (F)
the person, in committing a violation of | ||||||
25 | paragraph
(a), was involved in a motor vehicle, | ||||||
26 | snowmobile,
all-terrain vehicle, or watercraft | ||||||
27 | accident
that resulted in the death of another person, | ||||||
28 | when
the violation of paragraph (a) was a proximate | ||||||
29 | cause
of the death.
| ||||||
30 | (2)
Except as provided in this paragraph (2), | ||||||
31 | aggravated driving under the
influence of alcohol, other | ||||||
32 | drug or drugs, or intoxicating
compound or compounds, or | ||||||
33 | any combination thereof is a
Class 4 felony. For a | ||||||
34 | violation of subparagraph (C)
of paragraph (1) of this | ||||||
35 | subsection (d), the defendant,
if sentenced to a term of | ||||||
36 | imprisonment, shall be
sentenced to not less than one year |
| |||||||
| |||||||
1 | nor more than 12 years.
Aggravated driving under the | ||||||
2 | influence of alcohol, other
drug or drugs, or intoxicating | ||||||
3 | compound or compounds, or any
combination thereof as | ||||||
4 | defined in subparagraph (F) of
paragraph (1) of this | ||||||
5 | subsection (d) is a Class 2
felony, for which the | ||||||
6 | defendant, if sentenced to a
term of imprisonment, shall be | ||||||
7 | sentenced to: (A) a term of
imprisonment of not less than 3 | ||||||
8 | years and not more than 14
years if the violation resulted | ||||||
9 | in the death of one person; or
(B) a term of imprisonment | ||||||
10 | of not less than 6 years and
not more than 28 years if the | ||||||
11 | violation resulted in the
deaths of 2 or more persons. For | ||||||
12 | any prosecution under this
subsection (d), a certified copy | ||||||
13 | of the driving abstract of the
defendant shall be admitted | ||||||
14 | as proof of any prior
conviction. | ||||||
15 | (e) After a
finding of guilt and prior to any final | ||||||
16 | sentencing, or an order for supervision, for an
offense based | ||||||
17 | upon an arrest for a violation of this Section or a
similar | ||||||
18 | provision of a local ordinance, individuals shall be
required | ||||||
19 | to undergo a professional evaluation to determine if
an | ||||||
20 | alcohol, drug, or intoxicating compound abuse problem
exists | ||||||
21 | and the extent of the problem, and undergo the
imposition of | ||||||
22 | treatment as appropriate. Programs conducting these
| ||||||
23 | evaluations shall be licensed by the Department of
Human | ||||||
24 | Services. The cost of any professional evaluation
shall be paid | ||||||
25 | for by the individual required to undergo the
professional | ||||||
26 | evaluation. | ||||||
27 | (e-1) Any person
who is found guilty of or pleads guilty to | ||||||
28 | violating this Section, including any person receiving
a | ||||||
29 | disposition of court supervision for violating this
Section, | ||||||
30 | may be required by the Court to attend a victim impact
panel | ||||||
31 | offered by, or under contract with, a County State's
Attorney's | ||||||
32 | office, a probation and court services department,
Mothers | ||||||
33 | Against Drunk Driving, or the Alliance Against
Intoxicated | ||||||
34 | Motorists. All costs generated by the victim impact
panel shall | ||||||
35 | be paid from fees collected from the offender or as
may be | ||||||
36 | determined by the court.
|
| |||||||
| |||||||
1 | (f) Every person
found guilty of violating this Section, | ||||||
2 | whose operation of a motor vehicle while in violation
of this | ||||||
3 | Section proximately caused any incident resulting in
an | ||||||
4 | appropriate emergency response, shall be liable for
the expense | ||||||
5 | of an emergency response as provided under Section
5-5-3 of the | ||||||
6 | Unified Code of Corrections.
| ||||||
7 | (g) The Secretary
of State shall revoke the driving | ||||||
8 | privileges of any person convicted under this Section
or a | ||||||
9 | similar provision of a local ordinance.
| ||||||
10 | (h) Every person
sentenced under paragraph (2) or (3) of | ||||||
11 | subsection (c-1) of this Section or subsection (d) of
this | ||||||
12 | Section and who receives a term of probation or
conditional | ||||||
13 | discharge shall be required to serve a minimum term of
either | ||||||
14 | 60 days community service or 10 days of imprisonment
as a | ||||||
15 | condition of the probation or conditional discharge.
This | ||||||
16 | mandatory minimum term of imprisonment or assignment
of | ||||||
17 | community service shall not be suspended and shall not
be | ||||||
18 | subject to reduction by the court.
| ||||||
19 | (i) The Secretary
of State shall require the use of | ||||||
20 | ignition interlock devices on all vehicles owned by an
| ||||||
21 | individual who has been convicted of a second or
subsequent | ||||||
22 | offense of this Section or a similar provision of a
local | ||||||
23 | ordinance. The Secretary shall establish by rule and
regulation | ||||||
24 | the procedures for certification and use of the
interlock | ||||||
25 | system. | ||||||
26 | (j) In addition
to any other penalties and liabilities, a | ||||||
27 | person who is found guilty of or pleads guilty to
violating | ||||||
28 | this Section, including any person placed on court
supervision | ||||||
29 | for violating this Section, shall be fined $100,
payable to the | ||||||
30 | circuit clerk, who shall distribute the money to the
law | ||||||
31 | enforcement agency that made the arrest. If the person
has been | ||||||
32 | previously convicted of violating this Section or a
similar | ||||||
33 | provision of a local ordinance, the fine shall be
$200. In the | ||||||
34 | event that more than one agency is responsible for the
arrest, | ||||||
35 | the $100 or $200 shall be shared equally. Any moneys
received | ||||||
36 | by a law enforcement agency under this subsection (j)
shall be |
| |||||||
| |||||||
1 | used to purchase law enforcement equipment that will
assist in | ||||||
2 | the prevention of alcohol related criminal violence
throughout | ||||||
3 | the State. This shall include, but is not limited to,
in-car | ||||||
4 | video cameras, radar and laser speed detection
devices, and | ||||||
5 | alcohol breath testers. Any moneys received by the
Department | ||||||
6 | of State Police under this subsection (j) shall be
deposited | ||||||
7 | into the State Police DUI Fund and shall be used to
purchase | ||||||
8 | law enforcement equipment that will assist in the
prevention of | ||||||
9 | alcohol related criminal violence throughout the
State. | ||||||
10 | (k) The Secretary
of State Police DUI Fund is created as a | ||||||
11 | special fund in the State treasury. All moneys
received by the | ||||||
12 | Secretary of State Police under subsection (j) of this
Section | ||||||
13 | shall be deposited into the Secretary of State Police
DUI Fund | ||||||
14 | and, subject to appropriation, shall be used to
purchase law | ||||||
15 | enforcement equipment to assist in the prevention of
alcohol | ||||||
16 | related criminal violence throughout the
State. | ||||||
17 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff.
8-17-01; | ||||||
18 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431,
eff. 1-1-02; | ||||||
19 | 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213,
eff. | ||||||
20 | 7-18-03; 93-584, eff. 8-22-03; revised
8-27-03.)
| ||||||
21 | (625 ILCS
5/11-605) (from Ch. 95 1/2, par.
11-605)
| ||||||
22 | Sec. 11-605.
Special speed limit while passing schools or | ||||||
23 | while traveling through highway construction or
maintenance | ||||||
24 | zones. | ||||||
25 | (a) For the
purpose of this Section, "school" means the | ||||||
26 | following entities:
| ||||||
27 | (1)
A public or private primary or secondary school.
| ||||||
28 | (2)
A primary or secondary school operated by a | ||||||
29 | religious
institution.
| ||||||
30 | (3)
A public, private, or religious nursery school. | ||||||
31 | On a school day
when school children are present and so | ||||||
32 | close thereto that a potential hazard exists because
of the | ||||||
33 | close proximity of the motorized traffic, no person
shall drive | ||||||
34 | a motor vehicle at a speed in excess of 20 miles per
hour while | ||||||
35 | passing a school zone or while traveling on a roadway
on public |
| |||||||
| |||||||
1 | school property or upon any public thoroughfare where
children | ||||||
2 | pass going to and from school.
| ||||||
3 | For the purpose
of this Section a school day shall begin at | ||||||
4 | seven ante meridian and shall conclude at four post
meridian. | ||||||
5 | This Section
shall not be applicable unless appropriate | ||||||
6 | signs are posted upon streets and highways under their
| ||||||
7 | respective jurisdiction and maintained by the
Department, | ||||||
8 | township, county, park district, city, village or
incorporated | ||||||
9 | town wherein the school zone is located. With regard
to the | ||||||
10 | special speed limit while passing schools, such signs
shall | ||||||
11 | give proper due warning that a school zone is being
approached | ||||||
12 | and shall indicate the school zone and the maximum
speed limit | ||||||
13 | in effect during school days when school children are
present. | ||||||
14 | (b) No person
shall operate a motor vehicle in a | ||||||
15 | construction or maintenance zone at a speed in excess
of the | ||||||
16 | posted speed limit when workers are present and so
close to the | ||||||
17 | moving traffic that a potential hazard exists because
of the | ||||||
18 | motorized traffic. | ||||||
19 | (c) Nothing in
this Chapter shall prohibit the use of | ||||||
20 | electronic speed-detecting devices within 500 feet of
signs | ||||||
21 | within a special school speed zone or a construction
or | ||||||
22 | maintenance zone indicating such zone, as defined in
this | ||||||
23 | Section, nor shall evidence obtained thereby be
inadmissible in | ||||||
24 | any prosecution for speeding provided the use of such
device | ||||||
25 | shall apply only to the enforcement of the speed limit
in such | ||||||
26 | special school speed zone or a construction or
maintenance | ||||||
27 | zone. | ||||||
28 | (d) For the
purpose of this Section, a construction or | ||||||
29 | maintenance zone is an area in which the Department,
Toll | ||||||
30 | Highway Authority, or local agency has determined that
the | ||||||
31 | preexisting established speed limit through a highway
| ||||||
32 | construction or maintenance project is greater than is
| ||||||
33 | reasonable or safe with respect to the conditions
expected to | ||||||
34 | exist in the construction or maintenance zone and has
posted a | ||||||
35 | lower speed limit with a highway construction or
maintenance | ||||||
36 | zone special speed limit sign.
|
| |||||||
| |||||||
1 | Highway
construction or maintenance zone special speed | ||||||
2 | limit signs shall be of a design approved by the
Department. | ||||||
3 | The signs shall give proper due warning that a
construction or | ||||||
4 | maintenance zone is being approached and shall
indicate the | ||||||
5 | maximum speed limit in effect. The signs shall also
state the | ||||||
6 | amount of the minimum fine for a violation when
workers are | ||||||
7 | present. | ||||||
8 | (e) A first
violation of this Section is a petty offense | ||||||
9 | with a minimum fine of $150. A second or subsequent
violation | ||||||
10 | of this Section is a petty offense with a minimum fine
of $300. | ||||||
11 | (f) When a fine
for a violation of subsection (a) is $150 | ||||||
12 | or greater, the person who violates subsection (a)
shall be | ||||||
13 | charged an additional $50 to be paid to the unit
school | ||||||
14 | district where the violation occurred for school
safety | ||||||
15 | purposes. If the violation occurred in a dual school
district, | ||||||
16 | $25 of the surcharge shall be paid to the elementary
school | ||||||
17 | district for school safety purposes and $25 of the
surcharge | ||||||
18 | shall be paid to the high school district for school
safety | ||||||
19 | purposes. Notwithstanding any other provision of law,
the | ||||||
20 | entire $50 surcharge shall be paid to the appropriate
school | ||||||
21 | district or districts. | ||||||
22 | For purposes of
this subsection (f), "school safety | ||||||
23 | purposes" includes the costs associated with school
zone safety | ||||||
24 | education and the purchase, installation, and
maintenance of | ||||||
25 | caution lights which are mounted on school speed zone
signs. | ||||||
26 | (g) When a fine
for a violation of subsection (b) is $150 | ||||||
27 | or greater, the person who violates subsection (b)
shall be | ||||||
28 | charged an additional $50. The $50 surcharge shall be
deposited | ||||||
29 | into the Transportation Safety Highway Hire-back
Fund. | ||||||
30 | (h) The
Transportation Safety Highway Hire-back Fund is | ||||||
31 | created as a special fund in the State treasury.
Subject to | ||||||
32 | appropriation by the General Assembly and approval by
the | ||||||
33 | Secretary, the Secretary of Transportation shall use
all moneys | ||||||
34 | in the Transportation Safety Highway Hire-back Fund to
hire | ||||||
35 | off-duty Department of State Police officers to
monitor | ||||||
36 | construction or maintenance zones.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff.
1-1-02; 92-619, | ||||||
2 | eff. 1-1-03; 92-780, eff. 8-6-02; revised
8-22-02.)
| ||||||
3 | (625 ILCS
5/11-1201) (from Ch. 95 1/2, par.
11-1201)
| ||||||
4 | Sec. 11-1201.
Obedience to signal indicating approach of | ||||||
5 | train.
| ||||||
6 | (a) Whenever any
person driving a vehicle approaches a | ||||||
7 | railroad grade crossing where the driver is not always
required | ||||||
8 | to stop, the person must exercise due care and caution
as the | ||||||
9 | existence of a railroad track across a highway is a
warning of | ||||||
10 | danger, and under any of the circumstances stated in
this | ||||||
11 | Section, the driver shall stop within 50 feet but not
less than | ||||||
12 | 15 feet from the nearest rail of the railroad and
shall not | ||||||
13 | proceed until the tracks are clear and he or she can
do so | ||||||
14 | safely. The foregoing requirements shall apply
when:
| ||||||
15 | 1.
A clearly visible electric or mechanical signal | ||||||
16 | device gives warning of the
immediate approach of a | ||||||
17 | railroad train;
| ||||||
18 | 2.
A crossing gate is lowered or a human flagman gives | ||||||
19 | or continues to give a signal
of the approach or passage of | ||||||
20 | a railroad train;
| ||||||
21 | 3.
A railroad train approaching a highway crossing | ||||||
22 | emits a warning signal and
such railroad train, by reason | ||||||
23 | of its speed or nearness to
such crossing, is an immediate | ||||||
24 | hazard;
| ||||||
25 | 4.
An approaching railroad train is plainly visible and | ||||||
26 | is in hazardous proximity to
such crossing;
| ||||||
27 | 5.
A railroad train is approaching so closely that an | ||||||
28 | immediate hazard is
created. | ||||||
29 | (a-5) Whenever a
person driving a vehicle approaches a | ||||||
30 | railroad grade crossing where the driver is not always
required | ||||||
31 | to stop but must slow down, the person must exercise
due care | ||||||
32 | and caution as the existence of a railroad track
across a | ||||||
33 | highway is a warning of danger, and under any of the
| ||||||
34 | circumstances stated in this Section, the driver shall
slow | ||||||
35 | down within 50 feet but not less than 15 feet from the
nearest |
| |||||||
| |||||||
1 | rail of the railroad and shall not proceed until he or
she | ||||||
2 | checks that the tracks are clear of an approaching
train. | ||||||
3 | (b) No person
shall drive any vehicle through, around or | ||||||
4 | under any crossing gate or barrier at a railroad
crossing while | ||||||
5 | such gate or barrier is closed or is being opened or
closed. | ||||||
6 | (c) The
Department, and local authorities with the approval | ||||||
7 | of the Department, are hereby authorized to designate
| ||||||
8 | particularly dangerous highway grade crossings of
railroads | ||||||
9 | and to erect stop signs thereat. When such stop signs
are | ||||||
10 | erected the driver of any vehicle shall stop within 50
feet but | ||||||
11 | not less than 15 feet from the nearest rail of such
railroad | ||||||
12 | and shall proceed only upon exercising due
care. | ||||||
13 | (d) At any
railroad grade crossing provided with railroad | ||||||
14 | crossbuck signs, without automatic, electric, or
mechanical | ||||||
15 | signal devices, crossing gates, or a human flagman
giving a | ||||||
16 | signal of the approach or passage of a train, the
driver of a | ||||||
17 | vehicle shall in obedience to the railroad crossbuck
sign, | ||||||
18 | yield the right-of-way and slow down to a speed
reasonable for | ||||||
19 | the existing conditions and shall stop, if required
for safety, | ||||||
20 | at a clearly marked stopped line, or if no stop line,
within 50 | ||||||
21 | feet but not less than 15 feet from the nearest rail
of the | ||||||
22 | railroad and shall not proceed until he or she can do
so | ||||||
23 | safely. If a driver is involved in a collision at a
railroad | ||||||
24 | crossing or interferes with the movement of a train
after | ||||||
25 | driving past the railroad crossbuck sign, the
collision or | ||||||
26 | interference is prima facie evidence of the driver's
failure to | ||||||
27 | yield right-of-way. | ||||||
28 | (d-1) No person
shall, while driving a commercial motor | ||||||
29 | vehicle, fail to negotiate a railroad-highway grade
railroad | ||||||
30 | crossing because of insufficient undercarriage
clearance. | ||||||
31 | (d-5)
(Blank). | ||||||
32 | (e) It is
unlawful to violate any part of this Section.
| ||||||
33 | (1)
A violation of this Section is a petty offense for | ||||||
34 | which a fine of $250 shall be
imposed for a first | ||||||
35 | violation, and a fine of $500
shall be imposed for a second | ||||||
36 | or subsequent violation. The
court may impose 25 hours of |
| |||||||
| |||||||
1 | community service in place of
the $250 fine for the first | ||||||
2 | violation.
| ||||||
3 | (2)
For a second or subsequent violation, the Secretary | ||||||
4 | of State may suspend the
driving privileges of the offender | ||||||
5 | for a minimum of 6
months. | ||||||
6 | (f) Corporate
authorities of municipal corporations | ||||||
7 | regulating operators of vehicles that fail to obey
signals | ||||||
8 | indicating the presence, approach, passage, or
departure of a | ||||||
9 | train shall impose fines as established in subsection
(e) of | ||||||
10 | this Section. | ||||||
11 | (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff.
1-1-02; 92-651, | ||||||
12 | eff. 7-11-02; 92-814, eff. 1-1-03; 92-834, eff.
8-22-02; | ||||||
13 | revised 8-26-02.)
| ||||||
14 | (625 ILCS
5/11-1414) (from Ch. 95 1/2, par.
11-1414)
| ||||||
15 | Sec. 11-1414.
Approaching, overtaking, and passing school | ||||||
16 | bus.
| ||||||
17 | (a) The driver of
a vehicle shall stop such vehicle before | ||||||
18 | meeting or overtaking, from either direction, any
school bus | ||||||
19 | stopped at any location for the purpose of receiving
or | ||||||
20 | discharging pupils. Such stop is required before
reaching the | ||||||
21 | school bus when there is in operation on the school
bus the | ||||||
22 | visual signals as specified in Sections 12-803 and
12-805 of | ||||||
23 | this Code. The driver of the vehicle shall not proceed
until | ||||||
24 | the school bus resumes motion or the driver of the
vehicle is | ||||||
25 | signaled by the school bus driver to proceed or the
visual | ||||||
26 | signals are no longer actuated.
| ||||||
27 | (b) The stop
signal arm required by Section 12-803 of this | ||||||
28 | Code shall be extended after the school bus has come
to a | ||||||
29 | complete stop for the purpose of loading or
discharging pupils | ||||||
30 | and shall be closed before the school bus is placed in
motion | ||||||
31 | again. The stop signal arm shall not be extended at
any other | ||||||
32 | time. | ||||||
33 | (c) The
alternately flashing red signal lamps of an 8-lamp | ||||||
34 | flashing signal system required by Section 12-805 of
this Code | ||||||
35 | shall be actuated after the school bus has come to a
complete |
| |||||||
| |||||||
1 | stop for the purpose of loading or discharging pupils
and shall | ||||||
2 | be turned off before the school bus is placed in
motion again. | ||||||
3 | The red signal lamps shall not be actuated at any
other time | ||||||
4 | except as provided in paragraph (d) of this
Section. | ||||||
5 | (d) The
alternately flashing amber signal lamps of an | ||||||
6 | 8-lamp flashing signal system required by Section
12-805 of | ||||||
7 | this Code shall be actuated continuously during not
less than | ||||||
8 | the last 100 feet traveled by the school bus before
stopping | ||||||
9 | for the purpose of loading or discharging pupils
within an | ||||||
10 | urban area and during not less than the last 200 feet
traveled | ||||||
11 | by the school bus outside an urban area. The amber
signal lamps | ||||||
12 | shall remain actuated until the school bus is stopped.
The | ||||||
13 | amber signal lamps shall not be actuated at any other
time. | ||||||
14 | (d-5) The
alternately flashing head lamps permitted by | ||||||
15 | Section 12-805 of this Code may be operated while the
| ||||||
16 | alternately flashing red or amber signal lamps
required by that | ||||||
17 | Section are actuated. | ||||||
18 | (e) The driver of
a vehicle upon a highway having 4 or more | ||||||
19 | lanes which permits at least 2 lanes of traffic to
travel in | ||||||
20 | opposite directions need not stop such vehicle upon
meeting a | ||||||
21 | school bus which is stopped in the opposing roadway;
and need | ||||||
22 | not stop such vehicle when driving upon a controlled
access | ||||||
23 | highway when passing a school bus traveling in either
direction | ||||||
24 | that is stopped in a loading zone adjacent to the
surfaced or | ||||||
25 | improved part of the controlled access highway where
| ||||||
26 | pedestrians are not permitted to cross.
| ||||||
27 | (f) Beginning
with the effective date of this amendatory | ||||||
28 | Act of 1985, the Secretary of State shall suspend for
a period | ||||||
29 | of 3 months the driving privileges of any person
convicted of a | ||||||
30 | violation of subsection (a) of this Section or a
similar | ||||||
31 | provision of a local ordinance; the Secretary shall
suspend for | ||||||
32 | a period of one year the driving privileges of any
person | ||||||
33 | convicted of a second or subsequent violation of
subsection (a) | ||||||
34 | of this Section or a similar provision of a local
ordinance if | ||||||
35 | the second or subsequent violation occurs within 5
years of a | ||||||
36 | prior conviction for the same offense. In addition to
the |
| |||||||
| |||||||
1 | suspensions authorized by this Section, any person
convicted of | ||||||
2 | violating this Section or a similar provision of a
local | ||||||
3 | ordinance shall be subject to a mandatory fine of $150
or, upon | ||||||
4 | a second or subsequent violation, $500. The Secretary
may also | ||||||
5 | grant, for the duration of any suspension issued under
this | ||||||
6 | subsection, a restricted driving permit granting the
privilege | ||||||
7 | of driving a motor vehicle between the driver's
residence and | ||||||
8 | place of employment or within other proper limits that
the | ||||||
9 | Secretary of State shall find necessary to avoid any
undue | ||||||
10 | hardship. A restricted driving permit issued hereunder
shall be | ||||||
11 | subject to cancellation, revocation and suspension by
the | ||||||
12 | Secretary of State in like manner and for like cause
as a | ||||||
13 | driver's license may be cancelled, revoked or
suspended; except | ||||||
14 | that a conviction upon one or more offenses against
laws or | ||||||
15 | ordinances regulating the movement of traffic shall be
deemed | ||||||
16 | sufficient cause for the revocation, suspension or
| ||||||
17 | cancellation of the restricted driving permit. The
Secretary of | ||||||
18 | State may, as a condition to the issuance of a
restricted | ||||||
19 | driving permit, require the applicant to participate
in a | ||||||
20 | designated driver remedial or rehabilitative program.
Any | ||||||
21 | conviction for a violation of this subsection shall be
included | ||||||
22 | as an offense for the purposes of determining
suspension action | ||||||
23 | under any other provision of this Code, provided
however, that | ||||||
24 | the penalties provided under this subsection shall be
imposed | ||||||
25 | unless those penalties imposed under other applicable
| ||||||
26 | provisions are greater. | ||||||
27 | The owner of any
vehicle alleged to have violated paragraph | ||||||
28 | (a) of this Section shall, upon appropriate demand by
the | ||||||
29 | State's Attorney or other authorized prosecutor acting
in | ||||||
30 | response to a signed complaint, provide a written
statement or | ||||||
31 | deposition identifying the operator of the vehicle if
such | ||||||
32 | operator was not the owner at the time of the alleged
| ||||||
33 | violation. Failure to supply such information shall be
| ||||||
34 | construed to be the same as a violation of paragraph
(a) and | ||||||
35 | shall be subject to the same penalties herein
provided. In the | ||||||
36 | event the owner has assigned control for the use of
the vehicle |
| |||||||
| |||||||
1 | to another, the person to whom control was assigned
shall | ||||||
2 | comply with the provisions of this paragraph and be
subject to | ||||||
3 | the same penalties as herein provided.
| ||||||
4 | (Source: P.A. 93-180, eff. 7-11-03; 93-181, eff.
1-1-04; | ||||||
5 | revised 8-12-03.)
| ||||||
6 | (625 ILCS
5/15-111) (from Ch. 95 1/2, par.
15-111)
| ||||||
7 | Sec. 15-111.
Wheel and axle loads and gross weights.
| ||||||
8 | (a) On
non-designated highways, no vehicle or combination | ||||||
9 | of vehicles equipped with pneumatic tires may be
operated, | ||||||
10 | unladen or with load, when the total weight
transmitted to the | ||||||
11 | road surface exceeds 18,000 pounds on a single axle or
32,000 | ||||||
12 | pounds on a tandem axle with no axle within the tandem
| ||||||
13 | exceeding 18,000 pounds except:
| ||||||
14 | (1)
when a different limit is established and posted in | ||||||
15 | accordance with Section 15-316
of this Code;
| ||||||
16 | (2)
vehicles for which the Department of | ||||||
17 | Transportation and local
authorities issue overweight | ||||||
18 | permits under authority of
Section 15-301 of this Code;
| ||||||
19 | (3)
tow trucks subject to the conditions provided in | ||||||
20 | subsection (d) may not exceed
24,000 pounds on a single | ||||||
21 | rear axle or 44,000 pounds on
a tandem rear axle;
| ||||||
22 | (4)
any single axle of a 2-axle truck weighing 36,000 | ||||||
23 | pounds or less and not a part
of a combination of vehicles, | ||||||
24 | shall not exceed 20,000
pounds;
| ||||||
25 | (5)
any single axle of a 2-axle truck equipped with a | ||||||
26 | personnel lift or digger
derrick, weighing 36,000 pounds or | ||||||
27 | less, owned and operated by a
public utility, shall not | ||||||
28 | exceed 20,000
pounds;
| ||||||
29 | (6)
any single axle of a 2-axle truck specially | ||||||
30 | equipped with a front loading
compactor used exclusively | ||||||
31 | for garbage, refuse, or
recycling may not exceed 20,000 | ||||||
32 | pounds per axle, provided that
the gross weight of the | ||||||
33 | vehicle does not exceed 40,000
pounds;
| ||||||
34 | (7)
a truck, not in combination and specially equipped | ||||||
35 | with a selfcompactor or an
industrial roll-off hoist and |
| |||||||
| |||||||
1 | roll-off container, used
exclusively for garbage or refuse | ||||||
2 | operations may, when laden,
transmit upon the road surface | ||||||
3 | the following maximum weights:
22,000 pounds on a single | ||||||
4 | axle; 40,000 pounds on a
tandem axle;
| ||||||
5 | (8)
a truck, not in combination and used exclusively | ||||||
6 | for the collection of
rendering materials, may, when laden, | ||||||
7 | transmit upon the road surface
the following maximum | ||||||
8 | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||||||
9 | tandem axle;
| ||||||
10 | (9)
tandem axles on a 3-axle truck registered as a | ||||||
11 | Special Hauling Vehicle,
manufactured prior to or in the | ||||||
12 | model year of 2014 and first
registered in Illinois prior | ||||||
13 | to January 1, 2015, with a
distance greater than 72 inches | ||||||
14 | but not more than 96 inches
between any series of 2 axles, | ||||||
15 | is allowed a combined weight
on the series not to exceed | ||||||
16 | 36,000 pounds and neither axle
of the series may exceed | ||||||
17 | 18,000 pounds. Any vehicle of
this type manufactured after | ||||||
18 | the model year of 2014 or
first registered in Illinois | ||||||
19 | after December 31, 2014 may
not exceed a combined weight of | ||||||
20 | 32,000 pounds through the
series of 2 axles and neither | ||||||
21 | axle of the series may exceed
18,000 pounds;
| ||||||
22 | (10)
tandem axles on a 4-axle truck mixer, whose fourth | ||||||
23 | axle is a road surface
engaging mixer trailing axle, | ||||||
24 | registered as a Special
Hauling Vehicle, used exclusively | ||||||
25 | for the mixing and
transportation of concrete and | ||||||
26 | manufactured prior to or in
the model year of 2014 and | ||||||
27 | first registered in Illinois
prior to January 1, 2015, with | ||||||
28 | a distance greater than 72
inches but not more than 96 | ||||||
29 | inches between any series of 2
axles, is allowed a combined | ||||||
30 | weight on the series not to
exceed 36,000 pounds and | ||||||
31 | neither axle of the series may
exceed 18,000 pounds. Any | ||||||
32 | vehicle of this type
manufactured after the model year of | ||||||
33 | 2014 or first registered in
Illinois after December 31, | ||||||
34 | 2014 may not exceed a combined
weight of 32,000 pounds | ||||||
35 | through the series of 2 axles
and neither axle of the | ||||||
36 | series may exceed 18,000
pounds;
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (11)
4-axle vehicles or a 5 or more axle combination of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | vehicles: The weight
transmitted upon the road surface | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | through any series of 3 axles
whose centers are more than | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 96 inches apart, measured
between extreme axles in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | series, may not exceed those
allowed in the table contained | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | in subsection (f) of this
Section. No axle or tandem axle | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | of the series may exceed the
maximum weight permitted under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | this Section for a single or
tandem axle. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | No vehicle or
combination of vehicles equipped with other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | than pneumatic tires may be operated, unladen or with
load, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | upon the highways of this State when the gross weight
on the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | road surface through any wheel exceeds 800 pounds per
inch | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | width of tire tread or when the gross weight on the
road | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | surface through any axle exceeds 16,000
pounds. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (b) On
non-designated highways, the gross weight of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | vehicles and combination of vehicles including the
weight of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the vehicle or combination and its maximum load shall
be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | subject to the foregoing limitations and further shall
not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | exceed the following gross weights dependent upon the
number of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | axles and distance between extreme axles of the
vehicle or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | combination measured longitudinally to the nearest
foot. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 |
VEHICLES OR COMBINATIONS
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | HAVING 3 AXLES
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
|
| |||||||
| |||||||
1 |
TRUCKS EQUIPPED WITH
SELFCOMPACTORS
| ||||||
2 | OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR
GARBAGE
| ||||||
3 | OR REFUSE HAULS ONLY AND TRUCKS USED FOR
| ||||||
4 | THE COLLECTION OF RENDERING MATERIALS
| ||||||
5 | On Highway Not Part of National System
| ||||||
6 | of Interstate and Defense Highways
| ||||||
7 | with 2 axles
36,000
pounds | ||||||
8 | with 3 axles
54,000
pounds | ||||||
9 |
TWO AXLE TRUCKS EQUIPPED
WITH
| ||||||
10 | A FRONT LOADING COMPACTOR USED EXCLUSIVELY
| ||||||
11 | FOR THE COLLECTION OF GARBAGE, REFUSE, OR
RECYCLING
| ||||||
12 | with 2 axles
40,000
pounds | ||||||
13 | (c) Cities having
a population of more than 50,000 may | ||||||
14 | permit by ordinance axle loads on 2 axle motor
vehicles 33 1/2% | ||||||
15 | above those provided for herein, but the increase
shall not | ||||||
16 | become effective until the city has officially
notified the | ||||||
17 | Department of the passage of the ordinance and shall
not apply | ||||||
18 | to those vehicles when outside of the limits of the
city, nor | ||||||
19 | shall the gross weight of any 2 axle motor vehicle
operating | ||||||
20 | over any street of the city exceed 40,000
pounds. | ||||||
21 | (d) Weight
limitations shall not apply to vehicles | ||||||
22 | (including loads) operated by a public utility when
| ||||||
23 | transporting equipment required for emergency repair
of public | ||||||
24 | utility facilities or properties or water
wells. | ||||||
25 | A combination of
vehicles, including a tow truck and a | ||||||
26 | disabled vehicle or disabled combination of vehicles,
that | ||||||
27 | exceeds the weight restriction imposed by this Code,
may be | ||||||
28 | operated on a public highway in this State provided
that | ||||||
29 | neither the disabled vehicle nor any vehicle being
towed nor | ||||||
30 | the tow truck itself shall exceed the weight
limitations | ||||||
31 | permitted under this Chapter. During the towing
operation, | ||||||
32 | neither the tow truck nor the vehicle combination
shall exceed | ||||||
33 | 24,000 pounds on a single rear axle and 44,000 pounds
on a | ||||||
34 | tandem rear axle, provided the towing
vehicle:
|
| |||||||
| |||||||
1 | (1)
is specifically designed as a tow truck having a | ||||||
2 | gross vehicle weight rating of
at least 18,000 pounds and | ||||||
3 | is equipped with air brakes,
provided that air brakes are | ||||||
4 | required only if the towing
vehicle is towing a vehicle, | ||||||
5 | semitrailer, or
tractor-trailer combination that is | ||||||
6 | equipped with air
brakes;
| ||||||
7 | (2)
is equipped with flashing, rotating, or | ||||||
8 | oscillating amber lights,
visible for at least 500 feet in | ||||||
9 | all directions;
| ||||||
10 | (3)
is capable of utilizing the lighting and braking | ||||||
11 | systems of the disabled
vehicle or combination of vehicles; | ||||||
12 | and
| ||||||
13 | (4)
does not engage in a tow exceeding 20 miles from | ||||||
14 | the initial point of wreck or
disablement. Any additional | ||||||
15 | movement of the vehicles may
occur only upon issuance of | ||||||
16 | authorization for that
movement under the provisions of | ||||||
17 | Sections 15-301 through 15-319
of this Code. | ||||||
18 | Gross weight
limits shall not apply to the combination of | ||||||
19 | the tow truck and vehicles being towed. The tow truck
license | ||||||
20 | plate must cover the operating empty weight of the tow
truck | ||||||
21 | only. The weight of each vehicle being towed shall be
covered | ||||||
22 | by a valid license plate issued to the owner or
operator of the | ||||||
23 | vehicle being towed and displayed on that vehicle. If
no valid | ||||||
24 | plate issued to the owner or operator of that vehicle
is | ||||||
25 | displayed on that vehicle, or the plate displayed on
that | ||||||
26 | vehicle does not cover the weight of the vehicle, the
weight of | ||||||
27 | the vehicle shall be covered by the third tow truck
plate | ||||||
28 | issued to the owner or operator of the tow truck and
| ||||||
29 | temporarily affixed to the vehicle being
towed. | ||||||
30 | The Department
may by rule or regulation prescribe | ||||||
31 | additional requirements. However, nothing in this Code
shall | ||||||
32 | prohibit a tow truck under instructions of a police
officer | ||||||
33 | from legally clearing a disabled vehicle, that may be
in | ||||||
34 | violation of weight limitations of this Chapter, from
the | ||||||
35 | roadway to the berm or shoulder of the highway. If in
the | ||||||
36 | opinion of the police officer that location is unsafe,
the |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | officer is authorized to have the disabled vehicle
towed to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | nearest place of safety. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | For the purpose
of this subsection, gross vehicle weight | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | rating, or GVWR, shall mean the value specified by the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | manufacturer as the loaded weight of the tow
truck. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (e) No vehicle or
combination of vehicles equipped with | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | pneumatic tires shall be operated, unladen or with
load, upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | the highways of this State in violation of the
provisions of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | any permit issued under the provisions of Sections
15-301 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | through 15-319 of this Chapter.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (f) On designated
Class I, II, or III highways and the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | National System of Interstate and Defense Highways, no
vehicle | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | or combination of vehicles with pneumatic tires may be
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | operated, unladen or with load, when the total weight
on the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | road surface exceeds the following: 20,000 pounds on a
single | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | axle; 34,000 pounds on a tandem axle with no axle
within the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | tandem exceeding 20,000 pounds; 80,000 pounds gross
weight for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | vehicle combinations of 5 or more axles; or a total
weight on a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | group of 2 or more consecutive axles in excess of that
weight | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | produced by the application of the following formula:
W = 500 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | times the sum of (LN divided by N-1) + 12N + 36, where
"W" | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | equals overall total weight on any group of 2 or more
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | consecutive axles to the nearest 500 pounds, "L"
equals the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | distance measured to the nearest foot between extremes
of any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | group of 2 or more consecutive axles, and "N" equals
the number | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | of axles in the group under
consideration. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | The above formula
when expressed in tabular form results in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
28 | allowable loads as follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | Distance measured | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | to the nearest | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | foot between the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | extremes of any Maximum weight in pounds
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | group of 2 or of any group of
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | more consecutive 2 or more consecutive axles
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
35 | axles | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | *If the distance between 2 axles is 96 inches or less,
the 2 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | axles are tandem axles and the maximum total weight
may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | exceed 34,000 pounds, notwithstanding the higher limit
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | resulting from the application of the
formula. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Vehicles not in a
combination having more than 4 axles may | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | not exceed the weight in the table in this subsection
(f) for 4 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | axles measured between the extreme axles of the
vehicle. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | Vehicles in a
combination having more than 6 axles may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
28 | exceed the weight in the table in this subsection (f)
for 6 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | axles measured between the extreme axles of the
combination. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | Local
authorities, with respect to streets and highways | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | under their jurisdiction, without additional fees, may
also by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | ordinance or resolution allow the weight limitations
of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | subsection, provided the maximum gross weight on any
one axle | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | shall not exceed 20,000 pounds and the maximum total
weight on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
35 | any tandem axle shall not exceed 34,000 pounds, on
designated | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
36 | highways when appropriate regulatory signs giving
notice are |
| |||||||
| |||||||
1 | erected upon the street or highway or portion of any
street or | ||||||
2 | highway affected by the ordinance or
resolution. | ||||||
3 | The following are
exceptions to the above formula:
| ||||||
4 | (1)
Two consecutive sets of tandem axles may carry a | ||||||
5 | total weight of 34,000 pounds
each if the overall distance | ||||||
6 | between the first and last
axles of the consecutive sets of | ||||||
7 | tandem axles is 36 feet or
more.
| ||||||
8 | (2)
Vehicles for which a different limit is established | ||||||
9 | and posted in accordance with
Section 15-316 of this Code.
| ||||||
10 | (3)
Vehicles for which the Department of | ||||||
11 | Transportation and local
authorities issue overweight | ||||||
12 | permits under authority of
Section 15-301 of this Code. | ||||||
13 | These vehicles are not subject
to the bridge formula.
| ||||||
14 | (4)
Tow trucks subject to the conditions provided in | ||||||
15 | subsection (d) may not exceed
24,000 pounds on a single | ||||||
16 | rear axle or 44,000 pounds on
a tandem rear axle.
| ||||||
17 | (5)
A tandem axle on a 3-axle truck registered as a | ||||||
18 | Special Hauling Vehicle,
manufactured prior to or in the | ||||||
19 | model year of 2014, and
registered in Illinois prior to | ||||||
20 | January 1, 2015, with a
distance between 2 axles in a | ||||||
21 | series greater than 72 inches
but not more than 96 inches | ||||||
22 | may not exceed a total weight
of 36,000 pounds and neither | ||||||
23 | axle of the series may exceed
18,000 pounds.
| ||||||
24 | (6)
A truck not in combination, equipped with a self | ||||||
25 | compactor or an industrial
roll-off hoist and roll-off | ||||||
26 | container, used exclusively
for garbage or refuse | ||||||
27 | operations, may, when laden,
transmit upon the road | ||||||
28 | surface, except when on part
of the National System of | ||||||
29 | Interstate and Defense
Highways, the following maximum | ||||||
30 | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||||||
31 | tandem axle; 36,000 pounds
gross weight on a 2-axle | ||||||
32 | vehicle; 54,000 pounds gross
weight on a 3-axle vehicle. | ||||||
33 | This vehicle is not subject to
the bridge formula.
| ||||||
34 | (7)
Combinations of vehicles, registered as Special | ||||||
35 | Hauling Vehicles that include
a semitrailer manufactured | ||||||
36 | prior to or in the model year
of 2014, and registered in |
| |||||||
| |||||||
1 | Illinois prior to January 1,
2015, having 5 axles with a | ||||||
2 | distance of 42 feet or less
between extreme axles, may not | ||||||
3 | exceed the following maximum
weights: 18,000 pounds on a | ||||||
4 | single axle; 32,000 pounds on
a tandem axle; and 72,000 | ||||||
5 | pounds gross weight. This
combination of vehicles is not | ||||||
6 | subject to the bridge formula.
For all those combinations | ||||||
7 | of vehicles that include a
semitrailer manufactured after | ||||||
8 | the effective date of this
amendatory Act of the 92nd | ||||||
9 | General Assembly, the overall
distance between the first | ||||||
10 | and last axles of the 2 sets
of tandems must be 18 feet 6 | ||||||
11 | inches or more. Any
combination of vehicles that has had | ||||||
12 | its cargo container replaced
in its entirety after December | ||||||
13 | 31, 2014 may not exceed the
weights allowed by the bridge | ||||||
14 | formula.
| ||||||
15 | No vehicle or
combination of vehicles equipped with other | ||||||
16 | than pneumatic tires may be operated, unladen or with
load, | ||||||
17 | upon the highways of this State when the gross weight
on the | ||||||
18 | road surface through any wheel exceeds 800 pounds per
inch | ||||||
19 | width of tire tread or when the gross weight on the
road | ||||||
20 | surface through any axle exceeds 16,000
pounds. | ||||||
21 | (f-1) A vehicle
and load not exceeding 73,280 pounds is | ||||||
22 | allowed access as follows:
| ||||||
23 | (1)
From any State designated highway onto any county, | ||||||
24 | township, or municipal highway
for a distance of 5 highway | ||||||
25 | miles for the purpose of
loading and unloading, provided:
| ||||||
26 | (A)
The vehicle and load does not exceed 8 feet 6 | ||||||
27 | inches
in width and 65 feet overall length.
| ||||||
28 | (B)
There is no sign prohibiting that access.
| ||||||
29 | (C)
The route is not being used as a thoroughfare | ||||||
30 | between
State designated highways.
| ||||||
31 | (2)
From any State designated highway onto any county | ||||||
32 | or township highway for a
distance of 5 highway miles, or | ||||||
33 | any municipal highway for a
distance of one highway mile | ||||||
34 | for the purpose of food, fuel,
repairs, and rest, provided:
| ||||||
35 | (A)
The vehicle and load does not exceed 8 feet 6 | ||||||
36 | inches
in width and 65 feet overall length.
|
| |||||||
| |||||||
1 | (B)
There is no sign prohibiting that access.
| ||||||
2 | (C)
The route is not being used as a thoroughfare | ||||||
3 | between
State designated highways. | ||||||
4 | (f-2) A vehicle
and load greater than 73,280 pounds in | ||||||
5 | weight but not exceeding 80,000 pounds is allowed
access as | ||||||
6 | follows:
| ||||||
7 | (1)
From a Class I highway onto any street or highway | ||||||
8 | for a distance of one highway
mile for the purpose of | ||||||
9 | loading, unloading, food,
fuel, repairs, and rest, | ||||||
10 | provided there is no sign
prohibiting that access.
| ||||||
11 | (2)
From a Class I, II, or III highway onto any State | ||||||
12 | highway or any local
designated highway for a distance of 5 | ||||||
13 | highway miles for the purpose
of loading, unloading, food, | ||||||
14 | fuel, repairs, and
rest. | ||||||
15 | Section 5-35 of
the Illinois Administrative Procedure Act | ||||||
16 | relating to procedures for rulemaking shall not apply
to the | ||||||
17 | designation of highways under this
subsection. | ||||||
18 | (g) No person
shall operate a vehicle or combination of | ||||||
19 | vehicles over a bridge or other elevated structure
constituting | ||||||
20 | part of a highway with a gross weight that is greater
than the | ||||||
21 | maximum weight permitted by the Department, when the
structure | ||||||
22 | is sign posted as provided in this
Section. | ||||||
23 | (h) The
Department upon request from any local authority | ||||||
24 | shall, or upon its own initiative may, conduct an
investigation | ||||||
25 | of any bridge or other elevated structure constituting
a part | ||||||
26 | of a highway, and if it finds that the structure
cannot with | ||||||
27 | safety to itself withstand the weight of vehicles
otherwise | ||||||
28 | permissible under this Code the Department shall
determine and | ||||||
29 | declare the maximum weight of vehicles that the
structures can | ||||||
30 | withstand, and shall cause or permit suitable signs
stating | ||||||
31 | maximum weight to be erected and maintained before
each end of | ||||||
32 | the structure. No person shall operate a vehicle or
combination | ||||||
33 | of vehicles over any structure with a gross weight
that is | ||||||
34 | greater than the posted maximum weight.
| ||||||
35 | (i) Upon the
trial of any person charged with a violation | ||||||
36 | of subsections (g) or (h) of this Section, proof of
the |
| |||||||
| |||||||
1 | determination of the maximum allowable weight by the
Department | ||||||
2 | and the existence of the signs, constitutes conclusive
evidence | ||||||
3 | of the maximum weight that can be maintained with
safety to the | ||||||
4 | bridge or structure. | ||||||
5 | (Source: P.A. 92-417, eff. 1-1-02; 93-177, eff.
7-11-03; | ||||||
6 | 93-186, eff. 1-1-04; revised
1-22-04 .)
| ||||||
7 | (625 ILCS
5/18b-105) (from Ch. 95 1/2, par.
18b-105)
| ||||||
8 | Sec. 18b-105.
Rules and Regulations.
| ||||||
9 | (a) The
Department is authorized to make and adopt | ||||||
10 | reasonable rules and regulations and orders consistent
with law | ||||||
11 | necessary to carry out the provisions of this
Chapter. | ||||||
12 | (b) The following
parts of Title 49 of the Code of Federal | ||||||
13 | Regulations, as now in effect, are hereby adopted by
reference | ||||||
14 | as though they were set out in full:
| ||||||
15 | Part 383 -
Commercial Driver's License Standards, | ||||||
16 | Requirements, and Penalties;
| ||||||
17 | Part 385 - Safety
Fitness Procedures; | ||||||
18 | Part 390 -
Federal Motor Carrier Safety Regulations: | ||||||
19 | General; | ||||||
20 | Part 391 -
Qualifications of Drivers; | ||||||
21 | Part 392 -
Driving of Motor Vehicles; | ||||||
22 | Part 393 - Parts
and Accessories Necessary for Safe | ||||||
23 | Operation; | ||||||
24 | Part 395 - Hours
of Service of Drivers, except as provided | ||||||
25 | in Section 18b-106.1; and | ||||||
26 | Part 396 -
Inspection, Repair and Maintenance. | ||||||
27 | (b-5) Individuals
who meet the requirements set forth in | ||||||
28 | the definition of "medical examiner" in Section 390.5
of Part | ||||||
29 | 390 of Title 49 of the Code of Federal Regulations may
act as | ||||||
30 | medical examiners in accordance with Part 391 of Title
49 of | ||||||
31 | the Code of Federal Regulations.
| ||||||
32 | (c) The following
parts and Sections of the Federal Motor | ||||||
33 | Carrier Safety Regulations shall not apply to those
intrastate | ||||||
34 | carriers, drivers or vehicles subject to subsection
(b).
| ||||||
35 | (1)
Section 393.93 of Part 393 for those vehicles |
| |||||||
| |||||||
1 | manufactured before June 30,
1972.
| ||||||
2 | (2)
Section 393.86 of Part 393 for those vehicles which | ||||||
3 | are registered as farm trucks
under subsection (c) of | ||||||
4 | Section 3-815 of this
Code.
| ||||||
5 | (3)
(Blank).
| ||||||
6 | (4)
(Blank).
| ||||||
7 | (5)
Paragraph (b)(1) of Section 391.11 of Part 391.
| ||||||
8 | (6)
All of Part 395 for all agricultural movements as | ||||||
9 | defined in Chapter 1, between
the period of February 1 | ||||||
10 | through November 30 each year,
and all farm to market | ||||||
11 | agricultural transportation as
defined in Chapter 1 and for | ||||||
12 | grain hauling operations
within a radius of 200 air miles | ||||||
13 | of the normal work reporting
location.
| ||||||
14 | (7)
Paragraphs (b)(3) (insulin dependent diabetic) and | ||||||
15 | (b)(10) (minimum visual
acuity) of Section 391.41 of part | ||||||
16 | 391, but only for any driver
who immediately prior to July | ||||||
17 | 29, 1986 was eligible and
licensed to operate a motor | ||||||
18 | vehicle subject to this
Section and was engaged in | ||||||
19 | operating such vehicles, and
who was disqualified on July | ||||||
20 | 29, 1986 by the adoption of
Part 391 by reason of the | ||||||
21 | application of paragraphs
(b)(3) and (b)(10) of Section | ||||||
22 | 391.41 with respect to a
physical condition existing at | ||||||
23 | that time unless such driver
has a record of accidents | ||||||
24 | which would indicate a lack of
ability to operate a motor | ||||||
25 | vehicle in a safe
manner. | ||||||
26 | (d) Intrastate
carriers subject to the recording | ||||||
27 | provisions of Section 395.8 of Part 395 of the Federal
Motor | ||||||
28 | Carrier Safety Regulations shall be exempt as
established under | ||||||
29 | paragraph (1) of Section 395.8; provided, however, for
the | ||||||
30 | purpose of this Code, drivers shall operate within a
150 | ||||||
31 | air-mile radius of the normal work reporting location
to | ||||||
32 | qualify for exempt status. | ||||||
33 | (e) Regulations
adopted by the Department subsequent to | ||||||
34 | those adopted under subsection (b) hereof shall be
identical in | ||||||
35 | substance to the Federal Motor Carrier Safety
Regulations of | ||||||
36 | the United States Department of Transportation and
adopted in |
| |||||||
| |||||||
1 | accordance with the procedures for rulemaking in
Section 5-35 | ||||||
2 | of the Illinois Administrative Procedure
Act. | ||||||
3 | (Source: P.A. 91-179, eff. 1-1-00; 92-108; eff.
1-1-02; 92-249; | ||||||
4 | eff. 1-1-02; 92-651, eff. 7-11-02; 92-703, eff.
7-19-02; | ||||||
5 | revised 7-30-02.) | ||||||
6 | Section 460.
The Clerks of Courts Act is amended by | ||||||
7 | changing Sections 27.1a, 27.2, and 27.2a as
follows:
| ||||||
8 | (705 ILCS
105/27.1a) (from Ch. 25, par.
27.1a)
| ||||||
9 | Sec. 27.1a.
The fees of the clerks of the circuit court in | ||||||
10 | all counties having a population of not more than
500,000 | ||||||
11 | inhabitants in the instances described in this Section
shall be | ||||||
12 | as provided in this Section. In those instances where
a minimum | ||||||
13 | and maximum fee is stated, the clerk of the circuit
court must | ||||||
14 | charge the minimum fee listed and may charge up to the
maximum | ||||||
15 | fee if the county board has by resolution increased
the fee. | ||||||
16 | The fees shall be paid in advance and shall be as
follows: | ||||||
17 | (a) Civil Cases.
| ||||||
18 | The
fee for filing a complaint, petition, or other | ||||||
19 | pleading initiating a civil
action, with the following | ||||||
20 | exceptions, shall be a minimum
of $40 and a maximum of | ||||||
21 | $160.
| ||||||
22 | (A)
When the amount of money or damages or the | ||||||
23 | value
of personal property claimed does not exceed | ||||||
24 | $250,
$10.
| ||||||
25 | (B)
When that amount exceeds $250 but does not | ||||||
26 | exceed
$500, a minimum of $10 and a maximum of $20.
| ||||||
27 | (C)
When that amount exceeds $500 but does not | ||||||
28 | exceed
$2500, a minimum of $25 and a maximum of $40.
| ||||||
29 | (D)
When that amount exceeds $2500 but does not | ||||||
30 | exceed
$15,000, a minimum of $25 and a maximum of $75.
| ||||||
31 | (E)
For the exercise of eminent domain, a minimum | ||||||
32 | of $45
and a maximum of $150. For each additional lot | ||||||
33 | or
tract of land or right or interest therein subject | ||||||
34 | to be
condemned, the damages in respect to which shall
|
| |||||||
| |||||||
1 | require
separate assessment by a jury, a minimum of $45 | ||||||
2 | and a
maximum of $150. | ||||||
3 | (a-1) Family.
| ||||||
4 | For
filing a petition under the Juvenile Court Act of | ||||||
5 | 1987, $25.
| ||||||
6 | For
filing a petition for a marriage license, $10.
| ||||||
7 | For
performing a marriage in court, $10.
| ||||||
8 | For
filing a petition under the Illinois Parentage Act | ||||||
9 | of 1984, $40.
| ||||||
10 | (b) Forcible Entry and Detainer.
| ||||||
11 | In
each forcible entry and detainer case when the | ||||||
12 | plaintiff seeks possession
only or unites with his or her | ||||||
13 | claim for possession of the
property a claim for rent or | ||||||
14 | damages or both in the amount
of $15,000 or less, a minimum | ||||||
15 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
16 | or her claim for possession
with a claim for rent or | ||||||
17 | damages or both exceeding
$15,000, a minimum of $40 and a | ||||||
18 | maximum of $160.
| ||||||
19 | (c) Counterclaim or Joining Third Party
Defendant.
| ||||||
20 | When
any defendant files a counterclaim as part of his | ||||||
21 | or her answer or otherwise or
joins another party as a | ||||||
22 | third party defendant, or
both, the defendant shall pay a | ||||||
23 | fee for each counterclaim or
third party action in an | ||||||
24 | amount equal to the fee he or
she would have had to pay had | ||||||
25 | he or she brought a separate
action for the relief sought | ||||||
26 | in the counterclaim or against
the third party defendant, | ||||||
27 | less the amount of the
appearance fee, if that has been | ||||||
28 | paid.
| ||||||
29 | (d) Confession of Judgment.
| ||||||
30 | In
a confession of judgment when the amount does not | ||||||
31 | exceed $1500, a minimum of $20
and a maximum of $50. When | ||||||
32 | the amount exceeds $1500, but
does not exceed $15,000, a | ||||||
33 | minimum of $40 and a maximum
of $115. When the amount | ||||||
34 | exceeds $15,000, a minimum of
$40 and a maximum of $200. | ||||||
35 | (e) Appearance.
| ||||||
36 | The
fee for filing an appearance in each civil case
|
| |||||||
| |||||||
1 | shall be a minimum of $15 and
a maximum of $60, except as | ||||||
2 | follows:
| ||||||
3 | (A)
When the plaintiff in a forcible entry and | ||||||
4 | detainer
case seeks possession only, a minimum of $10 | ||||||
5 | and a
maximum of $50.
| ||||||
6 | (B)
When the amount in the case does not exceed | ||||||
7 | $1500,
a minimum of $10 and a maximum of $30.
| ||||||
8 | (C)
When that amount exceeds $1500 but does not | ||||||
9 | exceed
$15,000, a minimum of $15 and a maximum of $60. | ||||||
10 | (f) Garnishment, Wage Deduction, and
Citation.
| ||||||
11 | In
garnishment affidavit, wage deduction affidavit, | ||||||
12 | and citation petition when the
amount does not exceed | ||||||
13 | $1,000, a minimum of $5 and a
maximum of $15; when the | ||||||
14 | amount exceeds $1,000 but does
not exceed $5,000, a minimum | ||||||
15 | of $5 and a maximum of $30;
and when the amount exceeds | ||||||
16 | $5,000, a minimum of $5 and a
maximum of $50. | ||||||
17 | (g) Petition to Vacate or Modify.
| ||||||
18 | (1)
Petition to vacate or modify any final judgment or | ||||||
19 | order of court, except in
forcible entry and detainer cases | ||||||
20 | and small claims cases or a
petition to reopen an estate, | ||||||
21 | to modify, terminate, or
enforce a judgment or order for | ||||||
22 | child or spousal support, or
to modify, suspend, or | ||||||
23 | terminate an order for
withholding, if filed before 30 days | ||||||
24 | after the entry of the
judgment or order, a minimum of $20 | ||||||
25 | and a maximum of
$50.
| ||||||
26 | (2)
Petition to vacate or modify any final judgment or | ||||||
27 | order of court, except a
petition to modify, terminate, or | ||||||
28 | enforce a judgment or order
for child or spousal support or | ||||||
29 | to modify, suspend, or
terminate an order for withholding, | ||||||
30 | if filed later than 30 days
after the entry of the judgment | ||||||
31 | or order, a minimum of $20 and
a maximum of $75.
| ||||||
32 | (3)
Petition to vacate order of bond forfeiture, a | ||||||
33 | minimum of $10 and a maximum
of $40. | ||||||
34 | (h) Mailing.
| ||||||
35 | When
the clerk is required to mail, the fee will be a | ||||||
36 | minimum of $2 and a maximum of
$10, plus the cost of |
| |||||||
| |||||||
1 | postage.
| ||||||
2 | (i) Certified Copies.
| ||||||
3 | Each
certified copy of a judgment after the first, | ||||||
4 | except in small claims and
forcible entry and detainer | ||||||
5 | cases, a minimum of $2 and a
maximum of $10. | ||||||
6 | (j) Habeas Corpus.
| ||||||
7 | For
filing a petition for relief by habeas corpus, a | ||||||
8 | minimum of $60 and a maximum
of $100. | ||||||
9 | (k) Certification, Authentication, and
Reproduction.
| ||||||
10 | (1)
Each certification or authentication for taking | ||||||
11 | the acknowledgment of a deed
or other instrument in writing | ||||||
12 | with the seal of office, a
minimum of $2 and a maximum of | ||||||
13 | $6.
| ||||||
14 | (2)
Court appeals when original documents are | ||||||
15 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
16 | minimum of $20 and a maximum
of $60.
| ||||||
17 | (3)
Court appeals when original documents are | ||||||
18 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
19 | minimum of $50 and a maximum
of $150.
| ||||||
20 | (4)
Court appeals when original documents are | ||||||
21 | forwarded, over 200 pages, an
additional fee of a minimum | ||||||
22 | of 20 cents and a maximum of
25 cents per page.
| ||||||
23 | (5)
For reproduction of any document contained in the | ||||||
24 | clerk's files:
| ||||||
25 | (A)
First page, a minimum of $1 and a maximum of | ||||||
26 | $2.
| ||||||
27 | (B)
Next 19 pages, 50 cents per page. | ||||||
28 | (C)
All remaining pages, 25 cents per page. | ||||||
29 | (l) Remands.
| ||||||
30 | In
any cases remanded to the Circuit Court from the | ||||||
31 | Supreme Court or the Appellate
Court for a new trial, the | ||||||
32 | clerk shall file the remanding
order and reinstate the case | ||||||
33 | with either its original
number or a new number. The Clerk | ||||||
34 | shall not charge any new or
additional fee for the | ||||||
35 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
36 | the parties of the
reinstatement. A party shall have the |
| |||||||
| |||||||
1 | same right to a jury trial on
remand and reinstatement as | ||||||
2 | he or she had before the
appeal, and no additional or new | ||||||
3 | fee or charge shall be made
for a jury trial after remand. | ||||||
4 | (m) Record Search.
| ||||||
5 | For
each record search, within a division or municipal | ||||||
6 | district, the clerk shall be
entitled to a search fee of a | ||||||
7 | minimum of $4 and a maximum of
$6 for each year searched. | ||||||
8 | (n) Hard Copy.
| ||||||
9 | For
each page of hard copy print output, when case | ||||||
10 | records are maintained on an
automated medium, the clerk | ||||||
11 | shall be entitled to a fee of
a minimum of $4 and a maximum | ||||||
12 | of $6.
| ||||||
13 | (o) Index Inquiry and Other Records.
| ||||||
14 | No
fee shall be charged for a single | ||||||
15 | plaintiff/defendant index
inquiry or single case record | ||||||
16 | inquiry when this request is
made in person and the records | ||||||
17 | are maintained in a current
automated medium, and when no | ||||||
18 | hard copy print output is
requested. The fees to be charged | ||||||
19 | for management records,
multiple case records, and | ||||||
20 | multiple journal records may
be specified by the Chief | ||||||
21 | Judge pursuant to the
guidelines for access and | ||||||
22 | dissemination of information
approved by the Supreme | ||||||
23 | Court.
| ||||||
24 | (p) (Blank).
| ||||||
25 | a minimum of $25 and a
maximum of $50 | ||||||
26 | (q) Alias Summons.
| ||||||
27 | For
each alias summons or citation issued by the clerk, | ||||||
28 | a minimum of $2 and a maximum
of $5. | ||||||
29 | (r) Other Fees.
| ||||||
30 | Any
fees not covered in this Section shall be set by | ||||||
31 | rule or administrative order
of the Circuit Court with the | ||||||
32 | approval of the Administrative
Office of the Illinois | ||||||
33 | Courts.
| ||||||
34 | The
clerk of the circuit court may provide additional | ||||||
35 | services for which there is no
fee specified by statute in | ||||||
36 | connection with the operation
of the clerk's office as may |
| |||||||
| |||||||
1 | be requested by the public and
agreed to by the clerk and | ||||||
2 | approved by the chief judge of
the circuit court. Any | ||||||
3 | charges for additional
services shall be as agreed to | ||||||
4 | between the clerk and the
party making the request and | ||||||
5 | approved by the chief judge of
the circuit court. Nothing | ||||||
6 | in this subsection shall be
construed to require any clerk | ||||||
7 | to provide any service not
otherwise required by law. | ||||||
8 | (s) Jury Services.
| ||||||
9 | The
clerk shall be entitled to receive, in addition to | ||||||
10 | other fees allowed by law, the
sum of a minimum of $62.50 | ||||||
11 | and a maximum of $212.50, as a
fee for the services of a | ||||||
12 | jury in every civil action not
quasi-criminal in its nature | ||||||
13 | and not a proceeding for the
exercise of the right of | ||||||
14 | eminent domain and in every
other action wherein the right | ||||||
15 | of trial by jury is or may be
given by law. The jury fee | ||||||
16 | shall be paid by the party
demanding a jury at the time of | ||||||
17 | filing the jury demand. If the
fee is not paid by either | ||||||
18 | party, no jury shall be called
in the action or proceeding, | ||||||
19 | and the same shall be tried by
the court without a jury. | ||||||
20 | (t) Voluntary Assignment.
| ||||||
21 | For
filing each deed of voluntary assignment, a minimum | ||||||
22 | of $10 and a maximum of $20;
for recording the same, a | ||||||
23 | minimum of 25 cents and a
maximum of 50 cents for each 100 | ||||||
24 | words. Exceptions filed to
claims presented to an assignee | ||||||
25 | of a debtor who has made a
voluntary assignment for the | ||||||
26 | benefit of creditors shall be
considered and treated, for | ||||||
27 | the purpose of taxing costs
therein, as actions in which | ||||||
28 | the party or parties filing
the exceptions shall be | ||||||
29 | considered as party or parties
plaintiff, and the claimant | ||||||
30 | or claimants as party or
parties defendant, and those | ||||||
31 | parties respectively shall pay
to the clerk the same fees | ||||||
32 | as provided by this Section to
be paid in other actions. | ||||||
33 | (u) Expungement Petition.
| ||||||
34 | The
clerk shall be entitled to receive a fee of a | ||||||
35 | minimum of $15 and a maximum
of $60 for each expungement | ||||||
36 | petition filed and an
additional fee of a minimum of $2 and |
| |||||||
| |||||||
1 | a maximum of $4 for each
certified copy of an order to | ||||||
2 | expunge arrest
records. | ||||||
3 | (v) Probate.
| ||||||
4 | The
clerk is entitled to receive the fees specified in | ||||||
5 | this subsection (v), which
shall be paid in advance, except | ||||||
6 | that, for good cause shown,
the court may suspend, reduce, | ||||||
7 | or release the costs payable
under this subsection:
| ||||||
8 | (1)
For administration of the estate of a decedent | ||||||
9 | (whether testate or intestate)
or of a missing person, a | ||||||
10 | minimum of $50 and a maximum
of $150, plus the fees | ||||||
11 | specified in subsection
(v)(3), except:
| ||||||
12 | (A)
When the value of the real and personal | ||||||
13 | property
does not exceed $15,000, the fee shall be a | ||||||
14 | minimum of
$25 and a maximum of $40.
| ||||||
15 | (B)
When (i) proof of heirship alone is made, (ii) | ||||||
16 | a
domestic or foreign will is admitted to probate | ||||||
17 | without
administration (including proof of heirship), | ||||||
18 | or
(iii) letters of office are issued for a particular | ||||||
19 | purpose
without administration of the estate, the fee | ||||||
20 | shall
be a minimum of $10 and a maximum of $40.
| ||||||
21 | (C)
For filing a petition to sell Real Estate, $50.
| ||||||
22 | (2)
For administration of the estate of a ward, a | ||||||
23 | minimum of $50 and a maximum
of $75, plus the fees | ||||||
24 | specified in subsection
(v)(3), except:
| ||||||
25 | (A)
When the value of the real and personal | ||||||
26 | property
does not exceed $15,000, the fee shall be a | ||||||
27 | minimum of
$25 and a maximum of $40.
| ||||||
28 | (B)
When (i) letters of office are issued to a | ||||||
29 | guardian
of the person or persons, but not of the | ||||||
30 | estate
or (ii) letters of office are issued in the | ||||||
31 | estate
of a ward without administration of the estate, | ||||||
32 | including
filing or joining in the filing of a tax | ||||||
33 | return
or releasing a mortgage or consenting to the | ||||||
34 | marriage
of the ward, the fee shall be a minimum of $10 | ||||||
35 | and a
maximum of $20.
| ||||||
36 | (C)
For filing a Petition to sell Real Estate, $50.
|
| |||||||
| |||||||
1 | (3)
In addition to the fees payable under subsection | ||||||
2 | (v)(1) or (v)(2) of this
Section, the following fees are | ||||||
3 | payable:
| ||||||
4 | (A)
For each account (other than one final account) | ||||||
5 | filed
in the estate of a decedent, or ward, a minimum | ||||||
6 | of $10
and a maximum of $25.
| ||||||
7 | (B)
For filing a claim in an estate when the amount | ||||||
8 | claimed is
$150 or more but less than $500, a minimum | ||||||
9 | of $10
and a maximum of $25; when the amount claimed is | ||||||
10 | $500
or more but less than $10,000, a minimum of $10 | ||||||
11 | and a
maximum of $40; when the amount claimed is | ||||||
12 | $10,000 or
more, a minimum of $10 and a maximum of $60; | ||||||
13 | provided
that the court in allowing a claim may add to | ||||||
14 | the
amount allowed the filing fee paid by the claimant.
| ||||||
15 | (C)
For filing in an estate a claim, petition, or | ||||||
16 | supplemental
proceeding based upon an action seeking | ||||||
17 | equitable
relief including the construction or contest | ||||||
18 | of a
will, enforcement of a contract to make a will, | ||||||
19 | and
proceedings involving testamentary trusts or the | ||||||
20 | appointment
of testamentary trustees, a minimum of $40 | ||||||
21 | and a
maximum of $60.
| ||||||
22 | (D)
For filing in an estate (i) the appearance of | ||||||
23 | any
person for the purpose of consent or (ii) the | ||||||
24 | appearance
of an executor, administrator, | ||||||
25 | administrator
to collect, guardian, guardian ad litem, | ||||||
26 | or
special administrator, no fee.
| ||||||
27 | (E)
Except as provided in subsection (v)(3)(D), | ||||||
28 | for
filing the appearance of any person or persons, a | ||||||
29 | minimum of
$10 and a maximum of $30.
| ||||||
30 | (F)
For each jury demand, a minimum of $62.50 and a | ||||||
31 | maximum of
$137.50.
| ||||||
32 | (G)
For disposition of the collection of a judgment | ||||||
33 | or
settlement of an action or claim for wrongful death | ||||||
34 | of a
decedent or of any cause of action of a ward, when | ||||||
35 | there
is no other administration of the estate, a | ||||||
36 | minimum of
$30 and a maximum of $50, less any amount |
| |||||||
| |||||||
1 | paid
under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
2 | that
if the amount involved does not exceed $5,000, the | ||||||
3 | fee,
including any amount paid under subsection | ||||||
4 | (v)(1)(B)
or (v)(2)(B), shall be a minimum of $10 and a | ||||||
5 | maximum of
$20.
| ||||||
6 | (H)
For each certified copy of letters of office, | ||||||
7 | of
court order or other certification, a minimum of $1 | ||||||
8 | and a
maximum of $2, plus a minimum of 50 cents and a | ||||||
9 | maximum of
$1 per page in excess of 3 pages for the | ||||||
10 | document
certified.
| ||||||
11 | (I)
For each exemplification, a minimum of $1 and a | ||||||
12 | maximum of
$2, plus the fee for certification.
| ||||||
13 | (4)
The executor, administrator, guardian, petitioner, | ||||||
14 | or other interested person or
his or her attorney shall pay | ||||||
15 | the cost of publication by the
clerk directly to the | ||||||
16 | newspaper.
| ||||||
17 | (5)
The person on whose behalf a charge is incurred for | ||||||
18 | witness, court reporter,
appraiser, or other miscellaneous | ||||||
19 | fee shall pay the same
directly to the person entitled | ||||||
20 | thereto.
| ||||||
21 | (6)
The executor, administrator, guardian, petitioner, | ||||||
22 | or other interested person or
his or her attorney shall pay | ||||||
23 | to the clerk all postage
charges incurred by the clerk in | ||||||
24 | mailing petitions, orders,
notices, or other documents | ||||||
25 | pursuant to the provisions of
the Probate Act of 1975. | ||||||
26 | (w) Criminal and Quasi-Criminal Costs and
Fees.
| ||||||
27 | (1)
The clerk shall be entitled to costs in all | ||||||
28 | criminal and quasi-criminal
cases from each person | ||||||
29 | convicted or sentenced to
supervision therein as follows:
| ||||||
30 | (A)
Felony complaints, a minimum of $40 and a | ||||||
31 | maximum of
$100.
| ||||||
32 | (B)
Misdemeanor complaints, a minimum of $25 and a | ||||||
33 | maximum of
$75.
| ||||||
34 | (C)
Business offense complaints, a minimum of $25 | ||||||
35 | and a
maximum of $75.
| ||||||
36 | (D)
Petty offense complaints, a minimum of $25 and |
| |||||||
| |||||||
1 | a
maximum of $75.
| ||||||
2 | (E)
Minor traffic or ordinance violations, $10.
| ||||||
3 | (F)
When court appearance required, $15.
| ||||||
4 | (G)
Motions to vacate or amend final orders, a | ||||||
5 | minimum of
$20 and a maximum of $40.
| ||||||
6 | (H)
Motions to vacate bond forfeiture orders, a | ||||||
7 | minimum of
$20 and a maximum of $40.
| ||||||
8 | (I)
Motions to vacate ex parte judgments, whenever | ||||||
9 | filed,
a minimum of $20 and a maximum of $40.
| ||||||
10 | (J)
Motions to vacate judgment on forfeitures, | ||||||
11 | whenever
filed, a minimum of $20 and a maximum of $40.
| ||||||
12 | (K)
Motions to vacate "failure to appear" or | ||||||
13 | "failure
to comply" notices sent to the Secretary of | ||||||
14 | State,
a minimum of $20 and a maximum of $40.
| ||||||
15 | (2)
In counties having a population of not more than | ||||||
16 | 500,000 inhabitants, when the
violation complaint is | ||||||
17 | issued by a municipal police
department, the clerk shall be | ||||||
18 | entitled to costs from each
person convicted therein as | ||||||
19 | follows:
| ||||||
20 | (A)
Minor traffic or ordinance violations, $10.
| ||||||
21 | (B)
When court appearance required, $15.
| ||||||
22 | (3)
In ordinance violation cases punishable by fine | ||||||
23 | only, the clerk of the circuit
court shall be entitled to | ||||||
24 | receive, unless the fee is
excused upon a finding by the | ||||||
25 | court that the defendant is
indigent, in addition to other | ||||||
26 | fees or costs allowed or
imposed by law, the sum of a | ||||||
27 | minimum of $62.50 and a
maximum of $137.50 as a fee for the | ||||||
28 | services of a jury. The jury
fee shall be paid by the | ||||||
29 | defendant at the time of
filing his or her jury demand. If | ||||||
30 | the fee is not so paid by the
defendant, no jury shall be | ||||||
31 | called, and the case shall be
tried by the court without a | ||||||
32 | jury.
| ||||||
33 | (x) Transcripts of Judgment.
| ||||||
34 | For
the filing of a transcript of judgment, the clerk | ||||||
35 | shall be entitled to the same
fee as if it were the | ||||||
36 | commencement of a new
suit. |
| |||||||
| |||||||
1 | (y) Change of Venue.
| ||||||
2 | (1)
For the filing of a change of case on a change of | ||||||
3 | venue, the clerk shall be
entitled to the same fee as if it | ||||||
4 | were the commencement of a new
suit.
| ||||||
5 | (2)
The fee for the preparation and certification of a | ||||||
6 | record on a change of venue to
another jurisdiction, when | ||||||
7 | original documents are
forwarded, a minimum of $10 and a | ||||||
8 | maximum of $40.
| ||||||
9 | (z) Tax objection complaints.
| ||||||
10 | For
each tax objection complaint containing one or more | ||||||
11 | tax objections, regardless of
the number of parcels | ||||||
12 | involved or the number of
taxpayers joining on the | ||||||
13 | complaint, a minimum of $10
and a maximum of $50. | ||||||
14 | (aa) Tax Deeds.
| ||||||
15 | (1)
Petition for tax deed, if only one parcel is | ||||||
16 | involved, a minimum of $45 and
a maximum of $200.
| ||||||
17 | (2)
For each additional parcel, add a fee of a minimum | ||||||
18 | of $10 and a maximum of
$60. | ||||||
19 | (bb) Collections.
| ||||||
20 | (1)
For all collections made of others, except the | ||||||
21 | State and county and except in
maintenance or child support | ||||||
22 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
23 | of the amount collected and
turned over.
| ||||||
24 | (2)
Interest earned on any funds held by the clerk | ||||||
25 | shall be turned over to the
county general fund as an | ||||||
26 | earning of the
office.
| ||||||
27 | (3)
For any check, draft, or other bank instrument | ||||||
28 | returned to the clerk for
non-sufficient funds, account | ||||||
29 | closed, or payment stopped,
$25.
| ||||||
30 | (4)
In child support and maintenance cases, the clerk, | ||||||
31 | if authorized by an ordinance
of the county board, may | ||||||
32 | collect an annual fee of up to
$36 from the person making | ||||||
33 | payment for maintaining child
support records and the | ||||||
34 | processing of support orders
to the State of Illinois KIDS | ||||||
35 | system and the recording of
payments issued by the State | ||||||
36 | Disbursement Unit for the
official record of the Court. |
| |||||||
| |||||||
1 | This fee shall be in addition
to and separate from amounts | ||||||
2 | ordered to be paid as
maintenance or child support and | ||||||
3 | shall be deposited into a
Separate Maintenance and Child | ||||||
4 | Support Collection Fund, of
which the clerk shall be the | ||||||
5 | custodian, ex-officio, to be
used by the clerk to maintain | ||||||
6 | child support orders and
record all payments issued by the | ||||||
7 | State Disbursement Unit for
the official record of the | ||||||
8 | Court. The clerk may recover
from the person making the | ||||||
9 | maintenance or child support
payment any additional cost | ||||||
10 | incurred in the collection of
this annual fee.
| ||||||
11 | The
clerk shall also be entitled to a fee of $5 for | ||||||
12 | certifications made to the
Secretary of State as provided | ||||||
13 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
14 | and these fees shall also be
deposited into the Separate | ||||||
15 | Maintenance and Child Support
Collection Fund. | ||||||
16 | (cc) Corrections of Numbers.
| ||||||
17 | For
correction of the case number, case title, or | ||||||
18 | attorney computer
identification number, if required by | ||||||
19 | rule of court, on any document
filed in the clerk's office, | ||||||
20 | to be charged against the
party that filed the document, a | ||||||
21 | minimum of $10 and a maximum
of $25. | ||||||
22 | (dd) Exceptions.
| ||||||
23 | (1)
The fee requirements of this Section shall not | ||||||
24 | apply to police departments or
other law enforcement | ||||||
25 | agencies. In this Section,
"law enforcement agency" means | ||||||
26 | an agency of the State or a
unit of local government which | ||||||
27 | is vested by law or ordinance
with the duty to maintain | ||||||
28 | public order and to enforce
criminal laws or ordinances. | ||||||
29 | "Law enforcement agency" also
means the Attorney General or | ||||||
30 | any state's
attorney.
| ||||||
31 | (2)
No fee provided herein shall be charged to any unit | ||||||
32 | of local government or school
district.
| ||||||
33 | (3)
The fee requirements of this Section shall not | ||||||
34 | apply to any action instituted
under subsection (b) of | ||||||
35 | Section 11-31-1 of the
Illinois Municipal Code by a private | ||||||
36 | owner or tenant of real
property within 1200 feet of a |
| |||||||
| |||||||
1 | dangerous or unsafe building
seeking an order compelling | ||||||
2 | the owner or owners of the
building to take any of the | ||||||
3 | actions authorized under that
subsection.
| ||||||
4 | (4)
The fee requirements of this Section shall not | ||||||
5 | apply to the filing of any
commitment petition or petition | ||||||
6 | for an order authorizing the
administration of authorized | ||||||
7 | involuntary treatment in the
form of medication under the | ||||||
8 | Mental Health and
Developmental Disabilities Code. | ||||||
9 | (ee) Adoptions.
| ||||||
10 | (1)
For an
adoption ...................................$65
| ||||||
11 | (2)
Upon good cause shown, the court may waive the | ||||||
12 | adoption filing fee in a
special needs adoption. The term | ||||||
13 | "special needs adoption" shall
have the meaning ascribed to | ||||||
14 | it by the Illinois Department
of Children and Family | ||||||
15 | Services.
| ||||||
16 | (ff) Adoption exemptions.
| ||||||
17 | No
fee other than that set forth in subsection (ee) | ||||||
18 | shall be charged to any person
in connection with an | ||||||
19 | adoption proceeding nor may
any fee be charged for | ||||||
20 | proceedings for the
appointment of a confidential | ||||||
21 | intermediary under the
Adoption Act. | ||||||
22 | (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff.
6-1-02; 93-39, | ||||||
23 | eff. 7-1-03; 93-385, eff. 7-25-03; 93-573, eff.
8-21-03; | ||||||
24 | revised 9-5-03.)
| ||||||
25 | (705 ILCS
105/27.2) (from Ch. 25, par.
27.2)
| ||||||
26 | Sec. 27.2.
The fees of the clerks of the circuit court in | ||||||
27 | all counties having a population in excess of 500,000
| ||||||
28 | inhabitants but less than 3,000,000 inhabitants in the
| ||||||
29 | instances described in this Section shall be as
provided in | ||||||
30 | this Section. In those instances where a minimum and
maximum | ||||||
31 | fee is stated, counties with more than 500,000
inhabitants but | ||||||
32 | less than 3,000,000 inhabitants must charge the
minimum fee | ||||||
33 | listed in this Section and may charge up to the
maximum fee if | ||||||
34 | the county board has by resolution increased the fee.
In | ||||||
35 | addition, the minimum fees authorized in this Section
shall |
| |||||||
| |||||||
1 | apply to all units of local government and school
districts in | ||||||
2 | counties with more than 3,000,000 inhabitants. The
fees shall | ||||||
3 | be paid in advance and shall be as
follows: | ||||||
4 | (a) Civil Cases.
| ||||||
5 | The
fee for filing a complaint, petition, or other | ||||||
6 | pleading initiating a civil
action, with the following | ||||||
7 | exceptions, shall be a minimum
of $150 and a maximum of | ||||||
8 | $190.
| ||||||
9 | (A)
When the amount of money or damages or the | ||||||
10 | value
of personal property claimed does not exceed | ||||||
11 | $250,
a minimum of $10 and a maximum of $15.
| ||||||
12 | (B)
When that amount exceeds $250 but does not | ||||||
13 | exceed
$1,000, a minimum of $20 and a maximum of $40.
| ||||||
14 | (C)
When that amount exceeds $1,000 but does not | ||||||
15 | exceed
$2500, a minimum of $30 and a maximum of $50.
| ||||||
16 | (D)
When that amount exceeds $2500 but does not | ||||||
17 | exceed
$5,000, a minimum of $75 and a maximum of $100.
| ||||||
18 | (D-5)
When the amount exceeds $5,000 but does not | ||||||
19 | exceed
$15,000, a minimum of $75 and a maximum of $150.
| ||||||
20 | (E)
For the exercise of eminent domain, $150. For | ||||||
21 | each
additional lot or tract of land or right or | ||||||
22 | interest
therein subject to be condemned, the damages | ||||||
23 | in
respect to which shall require separate assessment | ||||||
24 | by a
jury, $150. | ||||||
25 | (b) Forcible Entry and Detainer.
| ||||||
26 | In
each forcible entry and detainer case when the | ||||||
27 | plaintiff seeks possession
only or unites with his or her | ||||||
28 | claim for possession of the
property a claim for rent or | ||||||
29 | damages or both in the amount
of $15,000 or less, a minimum | ||||||
30 | of $40 and a maximum of $75.
When the plaintiff unites his | ||||||
31 | or her claim for possession
with a claim for rent or | ||||||
32 | damages or both exceeding
$15,000, a minimum of $150 and a | ||||||
33 | maximum of $225.
| ||||||
34 | (c) Counterclaim or Joining Third Party
Defendant.
| ||||||
35 | When
any defendant files a counterclaim as part of his | ||||||
36 | or her answer or otherwise or
joins another party as a |
| |||||||
| |||||||
1 | third party defendant, or
both, the defendant shall pay a | ||||||
2 | fee for each counterclaim or
third party action in an | ||||||
3 | amount equal to the fee he or
she would have had to pay had | ||||||
4 | he or she brought a separate
action for the relief sought | ||||||
5 | in the counterclaim or against
the third party defendant, | ||||||
6 | less the amount of the
appearance fee, if that has been | ||||||
7 | paid.
| ||||||
8 | (d) Confession of Judgment.
| ||||||
9 | In
a confession of judgment when the amount does not | ||||||
10 | exceed $1500, a minimum of $50
and a maximum of $60. When | ||||||
11 | the amount exceeds $1500, but
does not exceed $5,000, $75. | ||||||
12 | When the amount exceeds
$5,000, but does not exceed | ||||||
13 | $15,000, $175. When the amount
exceeds $15,000, a minimum | ||||||
14 | of $200 and a maximum of
$250. | ||||||
15 | (e) Appearance.
| ||||||
16 | The
fee for filing an appearance in each civil case | ||||||
17 | shall be a minimum of $50 and
a maximum of $75, except as | ||||||
18 | follows:
| ||||||
19 | (A)
When the plaintiff in a forcible entry and | ||||||
20 | detainer
case seeks possession only, a minimum of $20 | ||||||
21 | and a
maximum of $40.
| ||||||
22 | (B)
When the amount in the case does not exceed | ||||||
23 | $1500,
a minimum of $20 and a maximum of $40.
| ||||||
24 | (C)
When the amount in the case exceeds $1500 but | ||||||
25 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
26 | of
$60. | ||||||
27 | (f) Garnishment, Wage Deduction, and
Citation.
| ||||||
28 | In
garnishment affidavit, wage deduction affidavit, | ||||||
29 | and citation petition when the
amount does not exceed | ||||||
30 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
31 | amount exceeds $1,000 but does
not exceed $5,000, a minimum | ||||||
32 | of $20 and a maximum of $30;
and when the amount exceeds | ||||||
33 | $5,000, a minimum of $30 and a
maximum of $50. | ||||||
34 | (g) Petition to Vacate or Modify.
| ||||||
35 | (1)
Petition to vacate or modify any final judgment or | ||||||
36 | order of court, except in
forcible entry and detainer cases |
| |||||||
| |||||||
1 | and small claims cases or a
petition to reopen an estate, | ||||||
2 | to modify, terminate, or
enforce a judgment or order for | ||||||
3 | child or spousal support, or
to modify, suspend, or | ||||||
4 | terminate an order for
withholding, if filed before 30 days | ||||||
5 | after the entry of the
judgment or order, a minimum of $40 | ||||||
6 | and a maximum of
$50.
| ||||||
7 | (2)
Petition to vacate or modify any final judgment or | ||||||
8 | order of court, except a
petition to modify, terminate, or | ||||||
9 | enforce a judgment or order
for child or spousal support or | ||||||
10 | to modify, suspend, or
terminate an order for withholding, | ||||||
11 | if filed later than 30 days
after the entry of the judgment | ||||||
12 | or order, a minimum of $60 and
a maximum of $75.
| ||||||
13 | (3)
Petition to vacate order of bond forfeiture, a | ||||||
14 | minimum of $20 and a maximum
of $40. | ||||||
15 | (h) Mailing.
| ||||||
16 | When
the clerk is required to mail, the fee will be a | ||||||
17 | minimum of $6 and a maximum of
$10, plus the cost of | ||||||
18 | postage.
| ||||||
19 | (i) Certified Copies.
| ||||||
20 | Each
certified copy of a judgment after the first, | ||||||
21 | except in small claims and
forcible entry and detainer | ||||||
22 | cases, a minimum of $10 and a
maximum of $15. | ||||||
23 | (j) Habeas Corpus.
| ||||||
24 | For
filing a petition for relief by habeas corpus, a | ||||||
25 | minimum of $80 and a maximum
of $125. | ||||||
26 | (k) Certification, Authentication, and
Reproduction.
| ||||||
27 | (1)
Each certification or authentication for taking | ||||||
28 | the acknowledgment of a deed
or other instrument in writing | ||||||
29 | with the seal of office, a
minimum of $4 and a maximum of | ||||||
30 | $6.
| ||||||
31 | (2)
Court appeals when original documents are | ||||||
32 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
33 | minimum of $50 and a maximum
of $75.
| ||||||
34 | (3)
Court appeals when original documents are | ||||||
35 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
36 | minimum of $120 and a maximum
of $150.
|
| |||||||
| |||||||
1 | (4)
Court appeals when original documents are | ||||||
2 | forwarded, over 200 pages, an
additional fee of a minimum | ||||||
3 | of 20 and a maximum of 25
cents per page.
| ||||||
4 | (5)
For reproduction of any document contained in the | ||||||
5 | clerk's files:
| ||||||
6 | (A)
First page, $2. | ||||||
7 | (B)
Next 19 pages, 50 cents per page. | ||||||
8 | (C)
All remaining pages, 25 cents per page. | ||||||
9 | (l) Remands.
| ||||||
10 | In
any cases remanded to the Circuit Court from the | ||||||
11 | Supreme Court or the Appellate
Court for a new trial, the | ||||||
12 | clerk shall file the remanding
order and reinstate the case | ||||||
13 | with either its original
number or a new number. The Clerk | ||||||
14 | shall not charge any new or
additional fee for the | ||||||
15 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
16 | the parties of the
reinstatement. A party shall have the | ||||||
17 | same right to a jury trial on
remand and reinstatement as | ||||||
18 | he or she had before the
appeal, and no additional or new | ||||||
19 | fee or charge shall be made
for a jury trial after remand. | ||||||
20 | (m) Record Search.
| ||||||
21 | For
each record search, within a division or municipal | ||||||
22 | district, the clerk shall be
entitled to a search fee of a | ||||||
23 | minimum of $4 and a maximum of
$6 for each year searched. | ||||||
24 | (n) Hard Copy.
| ||||||
25 | For
each page of hard copy print output, when case | ||||||
26 | records are maintained on an
automated medium, the clerk | ||||||
27 | shall be entitled to a fee of
a minimum of $4 and a maximum | ||||||
28 | of $6.
| ||||||
29 | (o) Index Inquiry and Other Records.
| ||||||
30 | No
fee shall be charged for a single | ||||||
31 | plaintiff/defendant index
inquiry or single case record | ||||||
32 | inquiry when this request is
made in person and the records | ||||||
33 | are maintained in a current
automated medium, and when no | ||||||
34 | hard copy print output is
requested. The fees to be charged | ||||||
35 | for management records,
multiple case records, and | ||||||
36 | multiple journal records may
be specified by the Chief |
| |||||||
| |||||||
1 | Judge pursuant to the
guidelines for access and | ||||||
2 | dissemination of information
approved by the Supreme | ||||||
3 | Court.
| ||||||
4 | (p) (Blank).
| ||||||
5 | (q) Alias Summons.
| ||||||
6 | For
each alias summons or citation issued by the clerk, | ||||||
7 | a minimum of $4 and a maximum
of $5. | ||||||
8 | (r) Other Fees.
| ||||||
9 | Any
fees not covered in this Section shall be set by | ||||||
10 | rule or administrative order
of the Circuit Court with the | ||||||
11 | approval of the Administrative
Office of the Illinois | ||||||
12 | Courts.
| ||||||
13 | The
clerk of the circuit court may provide additional | ||||||
14 | services for which there is no
fee specified by statute in | ||||||
15 | connection with the operation
of the clerk's office as may | ||||||
16 | be requested by the public and
agreed to by the clerk and | ||||||
17 | approved by the chief judge of
the circuit court. Any | ||||||
18 | charges for additional
services shall be as agreed to | ||||||
19 | between the clerk and the
party making the request and | ||||||
20 | approved by the chief judge of
the circuit court. Nothing | ||||||
21 | in this subsection shall be
construed to require any clerk | ||||||
22 | to provide any service not
otherwise required by law. | ||||||
23 | (s) Jury Services.
| ||||||
24 | The
clerk shall be entitled to receive, in addition to | ||||||
25 | other fees allowed by law, the
sum of a minimum of $192.50 | ||||||
26 | and a maximum of $212.50, as a
fee for the services of a | ||||||
27 | jury in every civil action not
quasi-criminal in its nature | ||||||
28 | and not a proceeding for the
exercise of the right of | ||||||
29 | eminent domain and in every
other action wherein the right | ||||||
30 | of trial by jury is or may be
given by law. The jury fee | ||||||
31 | shall be paid by the party
demanding a jury at the time of | ||||||
32 | filing the jury demand. If the
fee is not paid by either | ||||||
33 | party, no jury shall be called
in the action or proceeding, | ||||||
34 | and the same shall be tried by
the court without a jury. | ||||||
35 | (t) Voluntary Assignment.
| ||||||
36 | For
filing each deed of voluntary assignment, a minimum
|
| |||||||
| |||||||
1 | of $10 and a maximum of $20;
for recording the same, a | ||||||
2 | minimum of 25¢ and a maximum
of 50¢ for each 100 words. | ||||||
3 | Exceptions filed to claims
presented to an assignee of a | ||||||
4 | debtor who has made a
voluntary assignment for the benefit | ||||||
5 | of creditors shall be
considered and treated, for the | ||||||
6 | purpose of taxing costs
therein, as actions in which the | ||||||
7 | party or parties filing the
exceptions shall be considered | ||||||
8 | as party or parties plaintiff,
and the claimant or | ||||||
9 | claimants as party or parties
defendant, and those parties | ||||||
10 | respectively shall pay to the
clerk the same fees as | ||||||
11 | provided by this Section to be
paid in other actions. | ||||||
12 | (u) Expungement Petition.
| ||||||
13 | The
clerk shall be entitled to receive a fee of a | ||||||
14 | minimum of $30 and a maximum
of $60 for each expungement | ||||||
15 | petition filed and an
additional fee of a minimum of $2 and | ||||||
16 | a maximum of $4 for each
certified copy of an order to | ||||||
17 | expunge arrest
records. | ||||||
18 | (v) Probate.
| ||||||
19 | The
clerk is entitled to receive the fees specified in | ||||||
20 | this subsection (v), which
shall be paid in advance, except | ||||||
21 | that, for good cause shown,
the court may suspend, reduce, | ||||||
22 | or release the costs payable
under this subsection:
| ||||||
23 | (1)
For administration of the estate of a decedent | ||||||
24 | (whether testate or intestate)
or of a missing person, a | ||||||
25 | minimum of $100 and a maximum
of $150, plus the fees | ||||||
26 | specified in subsection
(v)(3), except:
| ||||||
27 | (A)
When the value of the real and personal | ||||||
28 | property
does not exceed $15,000, the fee shall be a | ||||||
29 | minimum of
$25 and a maximum of $40.
| ||||||
30 | (B)
When (i) proof of heirship alone is made, (ii) | ||||||
31 | a
domestic or foreign will is admitted to probate | ||||||
32 | without
administration (including proof of heirship), | ||||||
33 | or
(iii) letters of office are issued for a particular | ||||||
34 | purpose
without administration of the estate, the fee | ||||||
35 | shall
be a minimum of $25 and a maximum of $40.
| ||||||
36 | (2)
For administration of the estate of a ward, a |
| |||||||
| |||||||
1 | minimum of $50 and a maximum
of $75, plus the fees | ||||||
2 | specified in subsection
(v)(3), except:
| ||||||
3 | (A)
When the value of the real and personal | ||||||
4 | property
does not exceed $15,000, the fee shall be a | ||||||
5 | minimum of
$25 and a maximum of $40.
| ||||||
6 | (B)
When (i) letters of office are issued to a | ||||||
7 | guardian
of the person or persons, but not of the | ||||||
8 | estate
or (ii) letters of office are issued in the | ||||||
9 | estate
of a ward without administration of the estate, | ||||||
10 | including
filing or joining in the filing of a tax | ||||||
11 | return
or releasing a mortgage or consenting to the | ||||||
12 | marriage
of the ward, the fee shall be a minimum of $10 | ||||||
13 | and a
maximum of $20.
| ||||||
14 | (3)
In addition to the fees payable under subsection | ||||||
15 | (v)(1) or (v)(2) of this
Section, the following fees are | ||||||
16 | payable:
| ||||||
17 | (A)
For each account (other than one final account) | ||||||
18 | filed
in the estate of a decedent, or ward, a minimum | ||||||
19 | of $15
and a maximum of $25.
| ||||||
20 | (B)
For filing a claim in an estate when the amount | ||||||
21 | claimed is
$150 or more but less than $500, a minimum | ||||||
22 | of $10
and a maximum of $20; when the amount claimed is | ||||||
23 | $500
or more but less than $10,000, a minimum of $25 | ||||||
24 | and a
maximum of $40; when the amount claimed is | ||||||
25 | $10,000 or
more, a minimum of $40 and a maximum of $60; | ||||||
26 | provided
that the court in allowing a claim may add to | ||||||
27 | the
amount allowed the filing fee paid by the claimant.
| ||||||
28 | (C)
For filing in an estate a claim, petition, or | ||||||
29 | supplemental
proceeding based upon an action seeking | ||||||
30 | equitable
relief including the construction or contest | ||||||
31 | of a
will, enforcement of a contract to make a will, | ||||||
32 | and
proceedings involving testamentary trusts or the | ||||||
33 | appointment
of testamentary trustees, a minimum of $40 | ||||||
34 | and a
maximum of $60.
| ||||||
35 | (D)
For filing in an estate (i) the appearance of | ||||||
36 | any
person for the purpose of consent or (ii) the |
| |||||||
| |||||||
1 | appearance
of an executor, administrator, | ||||||
2 | administrator
to collect, guardian, guardian ad litem, | ||||||
3 | or
special administrator, no fee.
| ||||||
4 | (E)
Except as provided in subsection (v)(3)(D), | ||||||
5 | for
filing the appearance of any person or persons, a | ||||||
6 | minimum of
$10 and a maximum of $30.
| ||||||
7 | (F)
For each jury demand, a minimum of $102.50 and | ||||||
8 | a
maximum of $137.50.
| ||||||
9 | (G)
For disposition of the collection of a judgment | ||||||
10 | or
settlement of an action or claim for wrongful death | ||||||
11 | of a
decedent or of any cause of action of a ward, when | ||||||
12 | there
is no other administration of the estate, a | ||||||
13 | minimum of
$30 and a maximum of $50, less any amount | ||||||
14 | paid
under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
15 | that
if the amount involved does not exceed $5,000, the | ||||||
16 | fee,
including any amount paid under subsection | ||||||
17 | (v)(1)(B)
or (v)(2)(B), shall be a minimum of $10 and a | ||||||
18 | maximum of
$20.
| ||||||
19 | (H)
For each certified copy of letters of office, | ||||||
20 | of
court order or other certification, a minimum of $1 | ||||||
21 | and a
maximum of $2, plus a minimum of 50¢ and a | ||||||
22 | maximum of
$1 per page in excess of 3 pages for the | ||||||
23 | document
certified.
| ||||||
24 | (I)
For each exemplification, a minimum of $1 and a | ||||||
25 | maximum of
$2, plus the fee for certification.
| ||||||
26 | (4)
The executor, administrator, guardian, petitioner, | ||||||
27 | or other interested person or
his or her attorney shall pay | ||||||
28 | the cost of publication by the
clerk directly to the | ||||||
29 | newspaper.
| ||||||
30 | (5)
The person on whose behalf a charge is incurred for | ||||||
31 | witness, court reporter,
appraiser, or other miscellaneous | ||||||
32 | fee shall pay the same
directly to the person entitled | ||||||
33 | thereto.
| ||||||
34 | (6)
The executor, administrator, guardian, petitioner, | ||||||
35 | or other interested person or
his attorney shall pay to the | ||||||
36 | clerk all postage charges
incurred by the clerk in mailing |
| |||||||
| |||||||
1 | petitions, orders, notices, or
other documents pursuant to | ||||||
2 | the provisions of the Probate
Act of 1975. | ||||||
3 | (w) Criminal and Quasi-Criminal Costs and
Fees.
| ||||||
4 | (1)
The clerk shall be entitled to costs in all | ||||||
5 | criminal and quasi-criminal
cases from each person | ||||||
6 | convicted or sentenced to
supervision therein as follows:
| ||||||
7 | (A)
Felony complaints, a minimum of $80 and a | ||||||
8 | maximum of
$125.
| ||||||
9 | (B)
Misdemeanor complaints, a minimum of $50 and a | ||||||
10 | maximum of
$75.
| ||||||
11 | (C)
Business offense complaints, a minimum of $50 | ||||||
12 | and a
maximum of $75.
| ||||||
13 | (D)
Petty offense complaints, a minimum of $50 and | ||||||
14 | a
maximum of $75.
| ||||||
15 | (E)
Minor traffic or ordinance violations, $20.
| ||||||
16 | (F)
When court appearance required, $30.
| ||||||
17 | (G)
Motions to vacate or amend final orders, a | ||||||
18 | minimum of
$20 and a maximum of $40.
| ||||||
19 | (H)
Motions to vacate bond forfeiture orders, a | ||||||
20 | minimum of
$20 and a maximum of $30.
| ||||||
21 | (I)
Motions to vacate ex parte judgments, whenever | ||||||
22 | filed,
a minimum of $20 and a maximum of $30.
| ||||||
23 | (J)
Motions to vacate judgment on forfeitures, | ||||||
24 | whenever
filed, a minimum of $20 and a maximum of $25.
| ||||||
25 | (K)
Motions to vacate "failure to appear" or | ||||||
26 | "failure
to comply" notices sent to the Secretary of | ||||||
27 | State,
a minimum of $20 and a maximum of $40.
| ||||||
28 | (2)
In counties having a population of more than | ||||||
29 | 500,000 but fewer than
3,000,000 inhabitants, when the | ||||||
30 | violation complaint is issued
by a municipal police | ||||||
31 | department, the clerk shall be
entitled to costs from each | ||||||
32 | person convicted therein as
follows:
| ||||||
33 | (A)
Minor traffic or ordinance violations, $10.
| ||||||
34 | (B)
When court appearance required, $15.
| ||||||
35 | (3)
In ordinance violation cases punishable by fine | ||||||
36 | only, the clerk of the circuit
court shall be entitled to |
| |||||||
| |||||||
1 | receive, unless the fee is
excused upon a finding by the | ||||||
2 | court that the defendant is
indigent, in addition to other | ||||||
3 | fees or costs allowed or
imposed by law, the sum of a | ||||||
4 | minimum of $50 and a maximum
of $112.50 as a fee for the | ||||||
5 | services of a jury. The jury
fee shall be paid by the | ||||||
6 | defendant at the time of
filing his or her jury demand. If | ||||||
7 | the fee is not so paid by the
defendant, no jury shall be | ||||||
8 | called, and the case shall be
tried by the court without a | ||||||
9 | jury.
| ||||||
10 | (x) Transcripts of Judgment.
| ||||||
11 | For
the filing of a transcript of judgment, the clerk | ||||||
12 | shall be entitled to the same
fee as if it were the | ||||||
13 | commencement of new
suit. | ||||||
14 | (y) Change of Venue.
| ||||||
15 | (1)
For the filing of a change of case on a change of | ||||||
16 | venue, the clerk shall be
entitled to the same fee as if it | ||||||
17 | were the commencement of a new
suit.
| ||||||
18 | (2)
The fee for the preparation and certification of a | ||||||
19 | record on a change of venue to
another jurisdiction, when | ||||||
20 | original documents are
forwarded, a minimum of $25 and a | ||||||
21 | maximum of $40.
| ||||||
22 | (z) Tax objection complaints.
| ||||||
23 | For
each tax objection complaint containing one or more | ||||||
24 | tax objections, regardless of
the number of parcels | ||||||
25 | involved or the number of
taxpayers joining in the | ||||||
26 | complaint, a minimum of $25
and a maximum of $50. | ||||||
27 | (aa) Tax Deeds.
| ||||||
28 | (1)
Petition for tax deed, if only one parcel is | ||||||
29 | involved, a minimum of $150
and a maximum of $250.
| ||||||
30 | (2)
For each additional parcel, add a fee of a minimum | ||||||
31 | of $50 and a maximum of
$100. | ||||||
32 | (bb) Collections.
| ||||||
33 | (1)
For all collections made of others, except the | ||||||
34 | State and county and except in
maintenance or child support | ||||||
35 | cases, a sum equal to a
minimum of 2.5% and a maximum of | ||||||
36 | 3.0% of the amount collected
and turned over.
|
| |||||||
| |||||||
1 | (2)
Interest earned on any funds held by the clerk | ||||||
2 | shall be turned over to the
county general fund as an | ||||||
3 | earning of the
office.
| ||||||
4 | (3)
For any check, draft, or other bank instrument | ||||||
5 | returned to the clerk for
non-sufficient funds, account | ||||||
6 | closed, or payment stopped,
$25.
| ||||||
7 | (4)
In child support and maintenance cases, the clerk, | ||||||
8 | if authorized by an ordinance
of the county board, may | ||||||
9 | collect an annual fee of up to
$36 from the person making | ||||||
10 | payment for maintaining child
support records and the | ||||||
11 | processing of support orders
to the State of Illinois KIDS | ||||||
12 | system and the recording of
payments issued by the State | ||||||
13 | Disbursement Unit for the
official record of the Court. | ||||||
14 | This fee shall be in addition
to and separate from amounts | ||||||
15 | ordered to be paid as
maintenance or child support and | ||||||
16 | shall be deposited into a
Separate Maintenance and Child | ||||||
17 | Support Collection Fund, of
which the clerk shall be the | ||||||
18 | custodian, ex-officio, to be
used by the clerk to maintain | ||||||
19 | child support orders and
record all payments issued by the | ||||||
20 | State Disbursement Unit for
the official record of the | ||||||
21 | Court. The clerk may recover
from the person making the | ||||||
22 | maintenance or child support
payment any additional cost | ||||||
23 | incurred in the collection of
this annual fee.
| ||||||
24 | The
clerk shall also be entitled to a fee of $5 for | ||||||
25 | certifications made to the
Secretary of State as provided | ||||||
26 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
27 | and these fees shall also be
deposited into the Separate | ||||||
28 | Maintenance and Child Support
Collection Fund. | ||||||
29 | (cc) Corrections of Numbers.
| ||||||
30 | For
correction of the case number, case title, or | ||||||
31 | attorney computer
identification number, if required by | ||||||
32 | rule of court, on any document
filed in the clerk's office, | ||||||
33 | to be charged against the
party that filed the document, a | ||||||
34 | minimum of $15 and a maximum
of $25. | ||||||
35 | (dd) Exceptions.
| ||||||
36 | The
fee requirements of this Section shall not apply to
|
| |||||||
| |||||||
1 | police departments or other
law enforcement agencies. In | ||||||
2 | this Section, "law enforcement
agency" means an agency of | ||||||
3 | the State or a unit of local
government which is vested by | ||||||
4 | law or ordinance with the duty
to maintain public order and | ||||||
5 | to enforce criminal laws or
ordinances. "Law enforcement | ||||||
6 | agency" also means the
Attorney General or any state's | ||||||
7 | attorney. The fee requirements
of this Section shall not | ||||||
8 | apply to any action instituted
under subsection (b) of | ||||||
9 | Section 11-31-1 of the
Illinois Municipal Code by a private | ||||||
10 | owner or tenant of real
property within 1200 feet of a | ||||||
11 | dangerous or unsafe building
seeking an order compelling | ||||||
12 | the owner or owners of the
building to take any of the | ||||||
13 | actions authorized under that
subsection.
| ||||||
14 | The
fee requirements of this Section shall not apply to | ||||||
15 | the filing of any commitment
petition or petition for an | ||||||
16 | order authorizing the
administration of authorized | ||||||
17 | involuntary treatment in the
form of medication under the | ||||||
18 | Mental Health and
Developmental Disabilities Code. | ||||||
19 | (ee) Adoptions.
| ||||||
20 | (1)
For an
adoption ...................................$65
| ||||||
21 | (2)
Upon good cause shown, the court may waive the | ||||||
22 | adoption filing fee in a
special needs adoption. The term | ||||||
23 | "special needs adoption" shall
have the meaning ascribed to | ||||||
24 | it by the Illinois Department
of Children and Family | ||||||
25 | Services.
| ||||||
26 | (ff) Adoption exemptions.
| ||||||
27 | No
fee other than that set forth in subsection (ee) | ||||||
28 | shall be charged to any person
in connection with an | ||||||
29 | adoption proceeding nor may
any fee be charged for | ||||||
30 | proceedings for the
appointment of a confidential | ||||||
31 | intermediary under the
Adoption Act. | ||||||
32 | (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff.
6-1-02; 93-385, | ||||||
33 | eff. 7-25-03; 93-573, eff. 8-21-03; revised
9-8-03.)
| ||||||
34 | (705 ILCS
105/27.2a) (from Ch. 25, par.
27.2a)
| ||||||
35 | Sec. 27.2a.
The fees of the clerks of the circuit court in
|
| |||||||
| |||||||
1 | all counties having a population of 3,000,000 or more
| ||||||
2 | inhabitants in the instances described in this Section
shall be | ||||||
3 | as provided in this Section. In those instances where
a minimum | ||||||
4 | and maximum fee is stated, the clerk of the circuit
court must | ||||||
5 | charge the minimum fee listed and may charge up to the
maximum | ||||||
6 | fee if the county board has by resolution increased
the fee. | ||||||
7 | The fees shall be paid in advance and shall be as
follows: | ||||||
8 | (a) Civil Cases.
| ||||||
9 | The
fee for filing a complaint, petition, or other | ||||||
10 | pleading initiating a civil
action, with the following | ||||||
11 | exceptions, shall be a minimum
of $190 and a maximum of | ||||||
12 | $240.
| ||||||
13 | (A)
When the amount of money or damages or the | ||||||
14 | value
of personal property claimed does not exceed | ||||||
15 | $250,
a minimum of $15 and a maximum of $22.
| ||||||
16 | (B)
When that amount exceeds $250 but does not | ||||||
17 | exceed
$1000, a minimum of $40 and a maximum of $75.
| ||||||
18 | (C)
When that amount exceeds $1000 but does not | ||||||
19 | exceed
$2500, a minimum of $50 and a maximum of $80.
| ||||||
20 | (D)
When that amount exceeds $2500 but does not | ||||||
21 | exceed
$5000, a minimum of $100 and a maximum of $130.
| ||||||
22 | (E)
When that amount exceeds $5000 but does not | ||||||
23 | exceed
$15,000, $150.
| ||||||
24 | (F)
For the exercise of eminent domain, $150. For | ||||||
25 | each
additional lot or tract of land or right or | ||||||
26 | interest
therein subject to be condemned, the damages | ||||||
27 | in
respect to which shall require separate assessment | ||||||
28 | by a
jury, $150.
| ||||||
29 | (G)
For the final determination of parking, | ||||||
30 | standing,
and compliance violations and final | ||||||
31 | administrative
decisions issued after hearings | ||||||
32 | regarding
vehicle immobilization and impoundment made | ||||||
33 | pursuant
to Sections 3-704.1, 6-306.5, and 11-208.3 of | ||||||
34 | the
Illinois Vehicle Code, $25. | ||||||
35 | (b) Forcible Entry and Detainer.
| ||||||
36 | In
each forcible entry and detainer case when the |
| |||||||
| |||||||
1 | plaintiff seeks possession
only or unites with his or her | ||||||
2 | claim for possession of the
property a claim for rent or | ||||||
3 | damages or both in the amount
of $15,000 or less, a minimum | ||||||
4 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
5 | or her claim for possession
with a claim for rent or | ||||||
6 | damages or both exceeding
$15,000, a minimum of $225 and a | ||||||
7 | maximum of $335.
| ||||||
8 | (c) Counterclaim or Joining Third Party
Defendant.
| ||||||
9 | When
any defendant files a counterclaim as part of his | ||||||
10 | or her answer or otherwise or
joins another party as a | ||||||
11 | third party defendant, or
both, the defendant shall pay a | ||||||
12 | fee for each counterclaim or
third party action in an | ||||||
13 | amount equal to the fee he or
she would have had to pay had | ||||||
14 | he or she brought a separate
action for the relief sought | ||||||
15 | in the counterclaim or against
the third party defendant, | ||||||
16 | less the amount of the
appearance fee, if that has been | ||||||
17 | paid.
| ||||||
18 | (d) Confession of Judgment.
| ||||||
19 | In
a confession of judgment when the amount does not | ||||||
20 | exceed $1500, a minimum of $60
and a maximum of $70. When | ||||||
21 | the amount exceeds $1500, but
does not exceed $5000, a | ||||||
22 | minimum of $75 and a maximum
of $150. When the amount | ||||||
23 | exceeds $5000, but does not
exceed $15,000, a minimum of | ||||||
24 | $175 and a maximum of $260.
When the amount exceeds | ||||||
25 | $15,000, a minimum of $250 and
a maximum of $310. | ||||||
26 | (e) Appearance.
| ||||||
27 | The
fee for filing an appearance in each civil case | ||||||
28 | shall be a minimum of $75 and
a maximum of $110, except as | ||||||
29 | follows:
| ||||||
30 | (A)
When the plaintiff in a forcible entry and | ||||||
31 | detainer
case seeks possession only, a minimum of $40 | ||||||
32 | and a
maximum of $80.
| ||||||
33 | (B)
When the amount in the case does not exceed | ||||||
34 | $1500,
a minimum of $40 and a maximum of $80.
| ||||||
35 | (C)
When that amount exceeds $1500 but does not | ||||||
36 | exceed
$15,000, a minimum of $60 and a maximum of $90.
|
| |||||||
| |||||||
1 | (f) Garnishment, Wage Deduction, and
Citation.
| ||||||
2 | In
garnishment affidavit, wage deduction affidavit, | ||||||
3 | and citation petition when the
amount does not exceed | ||||||
4 | $1,000, a minimum of $15 and a
maximum of $25; when the | ||||||
5 | amount exceeds $1,000 but does
not exceed $5,000, a minimum | ||||||
6 | of $30 and a maximum of $45;
and when the amount exceeds | ||||||
7 | $5,000, a minimum of $50 and a
maximum of $80. | ||||||
8 | (g) Petition to Vacate or Modify.
| ||||||
9 | (1)
Petition to vacate or modify any final judgment or | ||||||
10 | order of court, except in
forcible entry and detainer cases | ||||||
11 | and small claims cases or a
petition to reopen an estate, | ||||||
12 | to modify, terminate, or
enforce a judgment or order for | ||||||
13 | child or spousal support, or
to modify, suspend, or | ||||||
14 | terminate an order for
withholding, if filed before 30 days | ||||||
15 | after the entry of the
judgment or order, a minimum of $50 | ||||||
16 | and a maximum of
$60.
| ||||||
17 | (2)
Petition to vacate or modify any final judgment or | ||||||
18 | order of court, except a
petition to modify, terminate, or | ||||||
19 | enforce a judgment or order
for child or spousal support or | ||||||
20 | to modify, suspend, or
terminate an order for withholding, | ||||||
21 | if filed later than 30 days
after the entry of the judgment | ||||||
22 | or order, a minimum of $75 and
a maximum of $90.
| ||||||
23 | (3)
Petition to vacate order of bond forfeiture, a | ||||||
24 | minimum of $40 and a maximum
of $80. | ||||||
25 | (h) Mailing.
| ||||||
26 | When
the clerk is required to mail, the fee will be a | ||||||
27 | minimum of $10 and a maximum
of $15, plus the cost of | ||||||
28 | postage.
| ||||||
29 | (i) Certified Copies.
| ||||||
30 | Each
certified copy of a judgment after the first, | ||||||
31 | except in small claims and
forcible entry and detainer | ||||||
32 | cases, a minimum of $15 and a
maximum of $20. | ||||||
33 | (j) Habeas Corpus.
| ||||||
34 | For
filing a petition for relief by habeas corpus, a | ||||||
35 | minimum of $125 and a maximum
of $190. | ||||||
36 | (k) Certification, Authentication, and
Reproduction.
|
| |||||||
| |||||||
1 | (1)
Each certification or authentication for taking | ||||||
2 | the acknowledgment of a deed
or other instrument in writing | ||||||
3 | with the seal of office, a
minimum of $6 and a maximum of | ||||||
4 | $9.
| ||||||
5 | (2)
Court appeals when original documents are | ||||||
6 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
7 | minimum of $75 and a maximum
of $110.
| ||||||
8 | (3)
Court appeals when original documents are | ||||||
9 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
10 | minimum of $150 and a maximum
of $185.
| ||||||
11 | (4)
Court appeals when original documents are | ||||||
12 | forwarded, over 200 pages, an
additional fee of a minimum | ||||||
13 | of 25 and a maximum of 30
cents per page.
| ||||||
14 | (5)
For reproduction of any document contained in the | ||||||
15 | clerk's files:
| ||||||
16 | (A)
First page, $2. | ||||||
17 | (B)
Next 19 pages, 50 cents per page. | ||||||
18 | (C)
All remaining pages, 25 cents per page. | ||||||
19 | (l) Remands.
| ||||||
20 | In
any cases remanded to the Circuit Court from the | ||||||
21 | Supreme Court or the Appellate
Court for a new trial, the | ||||||
22 | clerk shall file the remanding
order and reinstate the case | ||||||
23 | with either its original
number or a new number. The Clerk | ||||||
24 | shall not charge any new or
additional fee for the | ||||||
25 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
26 | the parties of the
reinstatement. A party shall have the | ||||||
27 | same right to a jury trial on
remand and reinstatement as | ||||||
28 | he or she had before the
appeal, and no additional or new | ||||||
29 | fee or charge shall be made
for a jury trial after remand. | ||||||
30 | (m) Record Search.
| ||||||
31 | For
each record search, within a division or municipal | ||||||
32 | district, the clerk shall be
entitled to a search fee of a | ||||||
33 | minimum of $6 and a maximum of
$9 for each year searched. | ||||||
34 | (n) Hard Copy.
| ||||||
35 | For
each page of hard copy print output, when case | ||||||
36 | records are maintained on an
automated medium, the clerk |
| |||||||
| |||||||
1 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
2 | of $9.
| ||||||
3 | (o) Index Inquiry and Other Records.
| ||||||
4 | No
fee shall be charged for a single | ||||||
5 | plaintiff/defendant index
inquiry or single case record | ||||||
6 | inquiry when this request is
made in person and the records | ||||||
7 | are maintained in a current
automated medium, and when no | ||||||
8 | hard copy print output is
requested. The fees to be charged | ||||||
9 | for management records,
multiple case records, and | ||||||
10 | multiple journal records may
be specified by the Chief | ||||||
11 | Judge pursuant to the
guidelines for access and | ||||||
12 | dissemination of information
approved by the Supreme | ||||||
13 | Court.
| ||||||
14 | (p) (Blank).
| ||||||
15 | (q) Alias Summons.
| ||||||
16 | For
each alias summons or citation issued by the clerk, | ||||||
17 | a minimum of $5 and a maximum
of $6. | ||||||
18 | (r) Other Fees.
| ||||||
19 | Any
fees not covered in this Section shall be set by | ||||||
20 | rule or administrative order
of the Circuit Court with the | ||||||
21 | approval of the Administrative
Office of the Illinois | ||||||
22 | Courts.
| ||||||
23 | The
clerk of the circuit court may provide additional | ||||||
24 | services for which there is no
fee specified by statute in | ||||||
25 | connection with the operation
of the clerk's office as may | ||||||
26 | be requested by the public and
agreed to by the clerk and | ||||||
27 | approved by the chief judge of
the circuit court. Any | ||||||
28 | charges for additional
services shall be as agreed to | ||||||
29 | between the clerk and the
party making the request and | ||||||
30 | approved by the chief judge of
the circuit court. Nothing | ||||||
31 | in this subsection shall be
construed to require any clerk | ||||||
32 | to provide any service not
otherwise required by law. | ||||||
33 | (s) Jury Services.
| ||||||
34 | The
clerk shall be entitled to receive, in addition to | ||||||
35 | other fees allowed by law, the
sum of a minimum of $212.50 | ||||||
36 | and maximum of $230, as a fee
for the services of a jury in |
| |||||||
| |||||||
1 | every civil action not
quasi-criminal in its nature and not | ||||||
2 | a proceeding for the exercise
of the right of eminent | ||||||
3 | domain and in every other
action wherein the right of trial | ||||||
4 | by jury is or may be given by
law. The jury fee shall be | ||||||
5 | paid by the party demanding a
jury at the time of filing | ||||||
6 | the jury demand. If the fee is
not paid by either party, no | ||||||
7 | jury shall be called in the
action or proceeding, and the | ||||||
8 | same shall be tried by the
court without a jury. | ||||||
9 | (t) Voluntary Assignment.
| ||||||
10 | For
filing each deed of voluntary assignment, a minimum | ||||||
11 | of $20 and a maximum of $40;
for recording the same, a | ||||||
12 | minimum of 50¢ and a maximum
of $0.80 for each 100 words. | ||||||
13 | Exceptions filed to claims
presented to an assignee of a | ||||||
14 | debtor who has made a
voluntary assignment for the benefit | ||||||
15 | of creditors shall be
considered and treated, for the | ||||||
16 | purpose of taxing costs
therein, as actions in which the | ||||||
17 | party or parties filing the
exceptions shall be considered | ||||||
18 | as party or parties plaintiff,
and the claimant or | ||||||
19 | claimants as party or parties
defendant, and those parties | ||||||
20 | respectively shall pay to the
clerk the same fees as | ||||||
21 | provided by this Section to be
paid in other actions. | ||||||
22 | (u) Expungement Petition.
| ||||||
23 | The
clerk shall be entitled to receive a fee of a | ||||||
24 | minimum of $60 and a maximum
of $120 for each expungement | ||||||
25 | petition filed and an
additional fee of a minimum of $4 and | ||||||
26 | a maximum of $8 for each
certified copy of an order to | ||||||
27 | expunge arrest
records. | ||||||
28 | (v) Probate.
| ||||||
29 | The
clerk is entitled to receive the fees specified in | ||||||
30 | this subsection (v), which
shall be paid in advance, except | ||||||
31 | that, for good cause shown,
the court may suspend, reduce, | ||||||
32 | or release the costs payable
under this subsection:
| ||||||
33 | (1)
For administration of the estate of a decedent | ||||||
34 | (whether testate or intestate)
or of a missing person, a | ||||||
35 | minimum of $150 and a maximum
of $225, plus the fees | ||||||
36 | specified in subsection
(v)(3), except:
|
| |||||||
| |||||||
1 | (A)
When the value of the real and personal | ||||||
2 | property
does not exceed $15,000, the fee shall be a | ||||||
3 | minimum of
$40 and a maximum of $65.
| ||||||
4 | (B)
When (i) proof of heirship alone is made, (ii) | ||||||
5 | a
domestic or foreign will is admitted to probate | ||||||
6 | without
administration (including proof of heirship), | ||||||
7 | or
(iii) letters of office are issued for a particular | ||||||
8 | purpose
without administration of the estate, the fee | ||||||
9 | shall
be a minimum of $40 and a maximum of $65.
| ||||||
10 | (2)
For administration of the estate of a ward, a | ||||||
11 | minimum of $75 and a maximum
of $110, plus the fees | ||||||
12 | specified in subsection
(v)(3), except:
| ||||||
13 | (A)
When the value of the real and personal | ||||||
14 | property
does not exceed $15,000, the fee shall be a | ||||||
15 | minimum of
$40 and a maximum of $65.
| ||||||
16 | (B)
When (i) letters of office are issued to a | ||||||
17 | guardian
of the person or persons, but not of the | ||||||
18 | estate
or (ii) letters of office are issued in the | ||||||
19 | estate
of a ward without administration of the estate, | ||||||
20 | including
filing or joining in the filing of a tax | ||||||
21 | return
or releasing a mortgage or consenting to the | ||||||
22 | marriage
of the ward, the fee shall be a minimum of $20 | ||||||
23 | and a
maximum of $40.
| ||||||
24 | (3)
In addition to the fees payable under subsection | ||||||
25 | (v)(1) or (v)(2) of this
Section, the following fees are | ||||||
26 | payable:
| ||||||
27 | (A)
For each account (other than one final account) | ||||||
28 | filed
in the estate of a decedent, or ward, a minimum | ||||||
29 | of $25
and a maximum of $40.
| ||||||
30 | (B)
For filing a claim in an estate when the amount | ||||||
31 | claimed is
$150 or more but less than $500, a minimum | ||||||
32 | of $20
and a maximum of $40; when the amount claimed is | ||||||
33 | $500
or more but less than $10,000, a minimum of $40 | ||||||
34 | and a
maximum of $65; when the amount claimed is | ||||||
35 | $10,000 or
more, a minimum of $60 and a maximum of $90; | ||||||
36 | provided
that the court in allowing a claim may add to |
| |||||||
| |||||||
1 | the
amount allowed the filing fee paid by the claimant.
| ||||||
2 | (C)
For filing in an estate a claim, petition, or | ||||||
3 | supplemental
proceeding based upon an action seeking | ||||||
4 | equitable
relief including the construction or contest | ||||||
5 | of a
will, enforcement of a contract to make a will, | ||||||
6 | and
proceedings involving testamentary trusts or the | ||||||
7 | appointment
of testamentary trustees, a minimum of $60 | ||||||
8 | and a
maximum of $90.
| ||||||
9 | (D)
For filing in an estate (i) the appearance of | ||||||
10 | any
person for the purpose of consent or (ii) the | ||||||
11 | appearance
of an executor, administrator, | ||||||
12 | administrator
to collect, guardian, guardian ad litem, | ||||||
13 | or
special administrator, no fee.
| ||||||
14 | (E)
Except as provided in subsection (v)(3)(D), | ||||||
15 | for
filing the appearance of any person or persons, a | ||||||
16 | minimum of
$30 and a maximum of $90.
| ||||||
17 | (F)
For each jury demand, a minimum of $137.50 and | ||||||
18 | a
maximum of $180.
| ||||||
19 | (G)
For disposition of the collection of a judgment | ||||||
20 | or
settlement of an action or claim for wrongful death | ||||||
21 | of a
decedent or of any cause of action of a ward, when | ||||||
22 | there
is no other administration of the estate, a | ||||||
23 | minimum of
$50 and a maximum of $80, less any amount | ||||||
24 | paid
under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
25 | that
if the amount involved does not exceed $5,000, the | ||||||
26 | fee,
including any amount paid under subsection | ||||||
27 | (v)(1)(B)
or (v)(2)(B), shall be a minimum of $20 and a | ||||||
28 | maximum of
$40.
| ||||||
29 | (H)
For each certified copy of letters of office, | ||||||
30 | of
court order or other certification, a minimum of $2 | ||||||
31 | and a
maximum of $4, plus $1 per page in excess of 3 | ||||||
32 | pages
for the document certified.
| ||||||
33 | (I)
For each exemplification, $2, plus the fee for | ||||||
34 | certification.
| ||||||
35 | (4)
The executor, administrator, guardian, petitioner, | ||||||
36 | or other interested person or
his or her attorney shall pay |
| |||||||
| |||||||
1 | the cost of publication by the
clerk directly to the | ||||||
2 | newspaper.
| ||||||
3 | (5)
The person on whose behalf a charge is incurred for | ||||||
4 | witness, court reporter,
appraiser, or other miscellaneous | ||||||
5 | fee shall pay the same
directly to the person entitled | ||||||
6 | thereto.
| ||||||
7 | (6)
The executor, administrator, guardian, petitioner, | ||||||
8 | or other interested person or
his or her attorney shall pay | ||||||
9 | to the clerk all postage
charges incurred by the clerk in | ||||||
10 | mailing petitions, orders,
notices, or other documents | ||||||
11 | pursuant to the provisions of
the Probate Act of 1975. | ||||||
12 | (w) Criminal and Quasi-Criminal Costs and
Fees.
| ||||||
13 | (1)
The clerk shall be entitled to costs in all | ||||||
14 | criminal and quasi-criminal
cases from each person | ||||||
15 | convicted or sentenced to
supervision therein as follows:
| ||||||
16 | (A)
Felony complaints, a minimum of $125 and a | ||||||
17 | maximum of
$190.
| ||||||
18 | (B)
Misdemeanor complaints, a minimum of $75 and a | ||||||
19 | maximum of
$110.
| ||||||
20 | (C)
Business offense complaints, a minimum of $75 | ||||||
21 | and a
maximum of $110.
| ||||||
22 | (D)
Petty offense complaints, a minimum of $75 and | ||||||
23 | a
maximum of $110.
| ||||||
24 | (E)
Minor traffic or ordinance violations, $30.
| ||||||
25 | (F)
When court appearance required, $50.
| ||||||
26 | (G)
Motions to vacate or amend final orders, a | ||||||
27 | minimum of
$40 and a maximum of $80.
| ||||||
28 | (H)
Motions to vacate bond forfeiture orders, a | ||||||
29 | minimum of
$30 and a maximum of $45.
| ||||||
30 | (I)
Motions to vacate ex parte judgments, whenever | ||||||
31 | filed,
a minimum of $30 and a maximum of $45.
| ||||||
32 | (J)
Motions to vacate judgment on forfeitures, | ||||||
33 | whenever
filed, a minimum of $25 and a maximum of $30.
| ||||||
34 | (K)
Motions to vacate "failure to appear" or | ||||||
35 | "failure
to comply" notices sent to the Secretary of | ||||||
36 | State,
a minimum of $40 and a maximum of $50.
|
| |||||||
| |||||||
1 | (2)
In counties having a population of 3,000,000 or | ||||||
2 | more, when the violation
complaint is issued by a municipal | ||||||
3 | police department, the clerk
shall be entitled to costs | ||||||
4 | from each person convicted
therein as follows:
| ||||||
5 | (A)
Minor traffic or ordinance violations, $30.
| ||||||
6 | (B)
When court appearance required, $50.
| ||||||
7 | (3)
In ordinance violation cases punishable by fine | ||||||
8 | only, the clerk of the circuit
court shall be entitled to | ||||||
9 | receive, unless the fee is
excused upon a finding by the | ||||||
10 | court that the defendant is
indigent, in addition to other | ||||||
11 | fees or costs allowed or
imposed by law, the sum of a | ||||||
12 | minimum of $112.50 and a
maximum of $250 as a fee for the | ||||||
13 | services of a jury. The jury
fee shall be paid by the | ||||||
14 | defendant at the time of
filing his or her jury demand. If | ||||||
15 | the fee is not so paid by the
defendant, no jury shall be | ||||||
16 | called, and the case shall be
tried by the court without a | ||||||
17 | jury.
| ||||||
18 | (x) Transcripts of Judgment.
| ||||||
19 | For
the filing of a transcript of judgment, the clerk | ||||||
20 | shall be entitled to the same
fee as if it were the | ||||||
21 | commencement of a new
suit. | ||||||
22 | (y) Change of Venue.
| ||||||
23 | (1)
For the filing of a change of case on a change of | ||||||
24 | venue, the clerk shall be
entitled to the same fee as if it | ||||||
25 | were the commencement of a new
suit.
| ||||||
26 | (2)
The fee for the preparation and certification of a | ||||||
27 | record on a change of venue to
another jurisdiction, when | ||||||
28 | original documents are
forwarded, a minimum of $40 and a | ||||||
29 | maximum of $65.
| ||||||
30 | (z) Tax objection complaints.
| ||||||
31 | For
each tax objection complaint containing one or more | ||||||
32 | tax objections, regardless of
the number of parcels | ||||||
33 | involved or the number of
taxpayers joining in the | ||||||
34 | complaint, a minimum of $50
and a maximum of $100. | ||||||
35 | (aa) Tax Deeds.
| ||||||
36 | (1)
Petition for tax deed, if only one parcel is |
| |||||||
| |||||||
1 | involved, a minimum of $250
and a maximum of $400.
| ||||||
2 | (2)
For each additional parcel, add a fee of a minimum | ||||||
3 | of $100 and a maximum of
$200. | ||||||
4 | (bb) Collections.
| ||||||
5 | (1)
For all collections made of others, except the | ||||||
6 | State and county and except in
maintenance or child support | ||||||
7 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
8 | turned over.
| ||||||
9 | (2)
Interest earned on any funds held by the clerk | ||||||
10 | shall be turned over to the
county general fund as an | ||||||
11 | earning of the
office.
| ||||||
12 | (3)
For any check, draft, or other bank instrument | ||||||
13 | returned to the clerk for
non-sufficient funds, account | ||||||
14 | closed, or payment stopped,
$25.
| ||||||
15 | (4)
In child support and maintenance cases, the clerk, | ||||||
16 | if authorized by an ordinance
of the county board, may | ||||||
17 | collect an annual fee of up to
$36 from the person making | ||||||
18 | payment for maintaining child
support records and the | ||||||
19 | processing of support orders
to the State of Illinois KIDS | ||||||
20 | system and the recording of
payments issued by the State | ||||||
21 | Disbursement Unit for the
official record of the Court. | ||||||
22 | This fee shall be in addition
to and separate from amounts | ||||||
23 | ordered to be paid as
maintenance or child support and | ||||||
24 | shall be deposited into a
Separate Maintenance and Child | ||||||
25 | Support Collection Fund, of
which the clerk shall be the | ||||||
26 | custodian, ex-officio, to be
used by the clerk to maintain | ||||||
27 | child support orders and
record all payments issued by the | ||||||
28 | State Disbursement Unit for
the official record of the | ||||||
29 | Court.
The clerk may recover
from the person making the | ||||||
30 | maintenance or child support
payment any additional cost | ||||||
31 | incurred in the collection of
this annual fee.
| ||||||
32 | The
clerk shall also be entitled to a fee of $5 for | ||||||
33 | certifications made to the
Secretary of State as provided | ||||||
34 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
35 | and these fees shall also be
deposited into the Separate | ||||||
36 | Maintenance and Child Support
Collection Fund. |
| |||||||
| |||||||
1 | (cc) Corrections of Numbers.
| ||||||
2 | For
correction of the case number, case title, or | ||||||
3 | attorney computer
identification number, if required by | ||||||
4 | rule of court, on any document
filed in the clerk's office, | ||||||
5 | to be charged against the
party that filed the document, a | ||||||
6 | minimum of $25 and a maximum
of $40. | ||||||
7 | (dd) Exceptions.
| ||||||
8 | (1)
The fee requirements of this Section shall not | ||||||
9 | apply to police departments or
other law enforcement | ||||||
10 | agencies. In this Section,
"law enforcement agency" means | ||||||
11 | an agency of the State or a
unit of local government which | ||||||
12 | is vested by law or ordinance
with the duty to maintain | ||||||
13 | public order and to enforce
criminal laws or ordinances. | ||||||
14 | "Law enforcement agency" also
means the Attorney General or | ||||||
15 | any state's
attorney.
| ||||||
16 | (2)
No fee provided herein shall be charged to any unit | ||||||
17 | of local government or school
district. The fee | ||||||
18 | requirements of this Section
shall not apply to any action | ||||||
19 | instituted under subsection
(b) of Section 11-31-1 of the | ||||||
20 | Illinois Municipal Code by a
private owner or tenant of | ||||||
21 | real property within 1200 feet
of a dangerous or unsafe | ||||||
22 | building seeking an order
compelling the owner or owners of | ||||||
23 | the building to take any of
the actions authorized under | ||||||
24 | that subsection.
| ||||||
25 | (3)
The fee requirements of this Section shall not | ||||||
26 | apply to the filing of any
commitment petition or petition | ||||||
27 | for an order authorizing the
administration of authorized | ||||||
28 | involuntary treatment in the
form of medication under the | ||||||
29 | Mental Health and
Developmental Disabilities Code. | ||||||
30 | (ee) Adoption.
| ||||||
31 | (1)
For an
adoption ...................................$65
| ||||||
32 | (2)
Upon good cause shown, the court may waive the | ||||||
33 | adoption filing fee in a
special needs adoption. The term | ||||||
34 | "special needs adoption" shall
have the meaning ascribed to | ||||||
35 | it by the Illinois Department
of Children and Family | ||||||
36 | Services.
|
| |||||||
| |||||||
1 | (ff) Adoption exemptions.
| ||||||
2 | No
fee other than that set forth in subsection (ee) | ||||||
3 | shall be charged to any person
in connection with an | ||||||
4 | adoption proceeding nor may
any fee be charged for | ||||||
5 | proceedings for the
appointment of a confidential | ||||||
6 | intermediary under the
Adoption Act. | ||||||
7 | (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff.
7-25-03; | ||||||
8 | 93-573, eff. 8-21-03; revised 9-8-03.)
| ||||||
9 | Section 465.
The Juvenile Court Act of 1987 is amended by | ||||||
10 | changing Sections 1-3, 2-23, 3-24, 4-21, and 5-710 as
follows:
| ||||||
11 | (705 ILCS
405/1-3) (from Ch. 37, par.
801-3)
| ||||||
12 | Sec. 1-3.
Definitions. Terms used in this Act, unless the
| ||||||
13 | context otherwise requires, have the following
meanings | ||||||
14 | ascribed to them: | ||||||
15 | (1) "Adjudicatory
hearing" means a hearing to determine | ||||||
16 | whether the allegations of a petition under Section
2-13, 3-15 | ||||||
17 | or 4-12 that a minor under 18 years of age is abused,
neglected | ||||||
18 | or dependent, or requires authoritative intervention,
or | ||||||
19 | addicted, respectively, are supported by a
preponderance of the | ||||||
20 | evidence or whether the allegations of a petition
under Section | ||||||
21 | 5-520 that a minor is delinquent are proved beyond a
reasonable | ||||||
22 | doubt. | ||||||
23 | (2) "Adult" means
a person 21 years of age or older. | ||||||
24 | (3) "Agency"
means a public or private child care facility | ||||||
25 | legally authorized or licensed by this State for
placement or | ||||||
26 | institutional care or for both placement and
institutional | ||||||
27 | care. | ||||||
28 | (4) "Association"
means any organization, public or | ||||||
29 | private, engaged in welfare functions which include
services to | ||||||
30 | or on behalf of children but does not include "agency"
as | ||||||
31 | herein defined. | ||||||
32 | (4.05) Whenever a
"best interest" determination is | ||||||
33 | required, the following factors shall be considered in
the | ||||||
34 | context of the child's age and developmental
needs: |
| |||||||
| |||||||
1 | (a) the physical
safety and welfare of the child, including | ||||||
2 | food, shelter, health, and clothing;
| ||||||
3 | (b) the
development of the child's identity; | ||||||
4 | (c) the child's
background and ties, including familial, | ||||||
5 | cultural, and religious; | ||||||
6 | (d) the child's
sense of attachments, including:
| ||||||
7 | (i)
where the child actually feels love, attachment, | ||||||
8 | and a sense of being valued
(as opposed to where adults | ||||||
9 | believe the child should feel
such love, attachment, and a | ||||||
10 | sense of being
valued);
| ||||||
11 | (ii)
the child's sense of security;
| ||||||
12 | (iii)
the child's sense of familiarity;
| ||||||
13 | (iv)
continuity of affection for the child;
| ||||||
14 | (v)
the least disruptive placement alternative for the | ||||||
15 | child;
| ||||||
16 | (e) the child's
wishes and long-term goals; | ||||||
17 | (f) the child's
community ties, including church, school, | ||||||
18 | and friends; | ||||||
19 | (g) the child's
need for permanence which includes the | ||||||
20 | child's need for stability and continuity of
relationships with | ||||||
21 | parent figures and with siblings and other
relatives; | ||||||
22 | (h) the
uniqueness of every family and child; | ||||||
23 | (i) the risks
attendant to entering and being in substitute | ||||||
24 | care; and | ||||||
25 | (j) the
preferences of the persons available to care for | ||||||
26 | the child. | ||||||
27 | (4.1) "Chronic
truant" shall have the definition ascribed | ||||||
28 | to it in Section 26-2a of the School
Code. | ||||||
29 | (5) "Court" means
the circuit court in a session or | ||||||
30 | division assigned to hear proceedings under this
Act. | ||||||
31 | (6)
"Dispositional hearing" means a hearing to determine | ||||||
32 | whether a minor should be adjudged to be a ward of the
court, | ||||||
33 | and to determine what order of disposition should be
made in | ||||||
34 | respect to a minor adjudged to be a ward of the
court. | ||||||
35 | (7) "Emancipated
minor" means any minor 16 years of age or | ||||||
36 | over who has been completely or partially emancipated
under the |
| |||||||
| |||||||
1 | " Emancipation of
Mature Minors
Act ", enacted by the | ||||||
2 | Eighty-First General
Assembly, or under this Act.
| ||||||
3 | (8) "Guardianship
of the person" of a minor means the duty | ||||||
4 | and authority to act in the best interests of the
minor, | ||||||
5 | subject to residual parental rights and
responsibilities, to | ||||||
6 | make important decisions in matters having a permanent
effect | ||||||
7 | on the life and development of the minor and to be
concerned | ||||||
8 | with his or her general welfare. It includes but is
not | ||||||
9 | necessarily limited to:
| ||||||
10 | (a)
the authority to consent to marriage, to enlistment | ||||||
11 | in the armed forces of the
United States, or to a major | ||||||
12 | medical, psychiatric, and
surgical treatment; to represent | ||||||
13 | the minor in legal actions;
and to make other decisions of | ||||||
14 | substantial legal significance
concerning the minor;
| ||||||
15 | (b)
the authority and duty of reasonable visitation, | ||||||
16 | except to the extent that
these have been limited in the | ||||||
17 | best interests of the minor by
court order;
| ||||||
18 | (c)
the rights and responsibilities of legal custody | ||||||
19 | except where legal custody has
been vested in another | ||||||
20 | person or agency;
and
| ||||||
21 | (d)
the power to consent to the adoption of the minor, | ||||||
22 | but only if expressly
conferred on the guardian in | ||||||
23 | accordance with Section 2-29,
3-30, or 4-27. | ||||||
24 | (9) "Legal
custody" means the relationship created by an | ||||||
25 | order of court in the best interests of the minor
which imposes | ||||||
26 | on the custodian the responsibility of physical
possession of a | ||||||
27 | minor and the duty to protect, train and discipline
him and to | ||||||
28 | provide him with food, shelter, education and ordinary
medical | ||||||
29 | care, except as these are limited by residual parental
rights | ||||||
30 | and responsibilities and the rights and
responsibilities of the | ||||||
31 | guardian of the person, if any.
| ||||||
32 | (10) "Minor"
means a person under the age of 21 years | ||||||
33 | subject to this Act. | ||||||
34 | (11) "Parent"
means the father or mother of a child and | ||||||
35 | includes any adoptive parent. It also includes a man
(i) whose | ||||||
36 | paternity is presumed or has been established under
the law of |
| |||||||
| |||||||
1 | this or another jurisdiction or (ii) who has
registered with | ||||||
2 | the Putative Father Registry in accordance with
Section 12.1 of | ||||||
3 | the Adoption Act and whose paternity has not been
ruled out | ||||||
4 | under the law of this or another jurisdiction. It does
not | ||||||
5 | include a parent whose rights in respect to the minor
have been | ||||||
6 | terminated in any manner provided by law.
| ||||||
7 | (11.1)
"Permanency goal" means a goal set by the court as | ||||||
8 | defined in subdivision (2) of Section
2-28. | ||||||
9 | (11.2)
"Permanency hearing" means a hearing to set the | ||||||
10 | permanency goal and to review and determine (i) the
| ||||||
11 | appropriateness of the services contained in the plan
and | ||||||
12 | whether those services have been provided, (ii)
whether | ||||||
13 | reasonable efforts have been made by all the parties
to the | ||||||
14 | service plan to achieve the goal, and (iii) whether
the plan | ||||||
15 | and goal have been achieved.
| ||||||
16 | (12) "Petition"
means the petition provided for in Section | ||||||
17 | 2-13, 3-15, 4-12 or 5-520, including any supplemental
petitions | ||||||
18 | thereunder in Section 3-15, 4-12 or
5-520. | ||||||
19 | (13) "Residual
parental rights and responsibilities" means | ||||||
20 | those rights and responsibilities remaining with the
parent | ||||||
21 | after the transfer of legal custody or guardianship of
the | ||||||
22 | person, including, but not necessarily limited to, the
right to | ||||||
23 | reasonable visitation (which may be limited by the
court in the | ||||||
24 | best interests of the minor as provided in subsection
(8)(b) of | ||||||
25 | this Section), the right to consent to adoption, the
right to | ||||||
26 | determine the minor's religious affiliation, and the
| ||||||
27 | responsibility for his support.
| ||||||
28 | (14) "Shelter"
means the temporary care of a minor in | ||||||
29 | physically unrestricting facilities pending court
disposition | ||||||
30 | or execution of court order for
placement. | ||||||
31 | (15) "Station
adjustment" means the informal handling of an | ||||||
32 | alleged offender by a juvenile police
officer. | ||||||
33 | (16) "Ward of the
court" means a minor who is so adjudged | ||||||
34 | under Section 2-22, 3-23, 4-20 or 5-705, after a
finding of the | ||||||
35 | requisite jurisdictional facts, and thus is subject to
the | ||||||
36 | dispositional powers of the court under this
Act. |
| |||||||
| |||||||
1 | (17) "Juvenile
police officer" means a sworn police officer | ||||||
2 | who has completed a Basic Recruit Training Course, has
been | ||||||
3 | assigned to the position of juvenile police officer by
his or | ||||||
4 | her chief law enforcement officer and has completed
the | ||||||
5 | necessary juvenile officers training as prescribed by
the | ||||||
6 | Illinois Law Enforcement Training Standards Board, or
in the | ||||||
7 | case of a State police officer, juvenile officer
training | ||||||
8 | approved by the Director of the Department of State
Police. | ||||||
9 | (18) "Secure
child care facility" means any child care | ||||||
10 | facility licensed by the Department of Children and
Family | ||||||
11 | Services to provide secure living arrangements for
children | ||||||
12 | under 18 years of age who are subject to placement in
| ||||||
13 | facilities under the Children and Family Services Act
and who | ||||||
14 | are not subject to placement in facilities for whom
standards | ||||||
15 | are established by the Department of Corrections under
Section | ||||||
16 | 3-15-2 of the Unified Code of Corrections. "Secure
child care | ||||||
17 | facility" also means a facility that is designed and
operated | ||||||
18 | to ensure that all entrances and exits from the
facility, a | ||||||
19 | building, or a distinct part of the building are under
the | ||||||
20 | exclusive control of the staff of the facility,
whether or not | ||||||
21 | the child has the freedom of movement within the
perimeter of | ||||||
22 | the facility, building, or distinct part of the
building. | ||||||
23 | (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97;
90-590, | ||||||
24 | eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
7-30-98; | ||||||
25 | 91-357, eff. 7-29-99; revised 10-9-03.)
| ||||||
26 | (705 ILCS
405/2-23) (from Ch. 37, par.
802-23)
| ||||||
27 | Sec. 2-23.
Kinds of dispositional orders.
| ||||||
28 | (1) The following
kinds of orders of disposition may be | ||||||
29 | made in respect of wards of the court:
| ||||||
30 | (a)
A minor under 18 years of age found to be neglected | ||||||
31 | or abused under Section 2-3 or
dependent under Section 2-4 | ||||||
32 | may be (1) continued in the
custody of his or her parents, | ||||||
33 | guardian or legal custodian;
(2) placed in accordance with | ||||||
34 | Section 2-27; (3) restored to
the custody of the parent, | ||||||
35 | parents, guardian, or legal
custodian, provided the court |
| |||||||
| |||||||
1 | shall order the parent,
parents, guardian, or legal | ||||||
2 | custodian to cooperate with
the Department of Children and | ||||||
3 | Family Services and comply
with the terms of an after-care | ||||||
4 | plan or risk the loss of
custody of the child and the | ||||||
5 | possible termination of their
parental rights; or (4) | ||||||
6 | ordered partially or
completely emancipated in accordance | ||||||
7 | with the provisions of the
Emancipation of Mature Minors
| ||||||
8 | Act.
| ||||||
9 | However,
in any case in which a minor is found by the | ||||||
10 | court to be neglected or
abused under Section 2-3 of this | ||||||
11 | Act, custody of the minor
shall not be restored to any | ||||||
12 | parent, guardian or legal
custodian whose acts or omissions | ||||||
13 | or both have been identified,
pursuant to subsection (1) of | ||||||
14 | Section 2-21, as forming the
basis for the court's finding | ||||||
15 | of abuse or neglect, until
such time as a hearing is held | ||||||
16 | on the issue of the best
interests of the minor and the | ||||||
17 | fitness of such parent,
guardian or legal custodian to care | ||||||
18 | for the minor without
endangering the minor's health or | ||||||
19 | safety, and the court enters
an order that such parent, | ||||||
20 | guardian or legal custodian is
fit to care for the minor.
| ||||||
21 | (b)
A minor under 18 years of age found to be dependent | ||||||
22 | under Section 2-4 may be (1)
placed in accordance with | ||||||
23 | Section 2-27 or (2) ordered
partially or completely | ||||||
24 | emancipated in accordance with
the provisions of the | ||||||
25 | Emancipation of
Mature Minors Act.
| ||||||
26 | However,
in any case in which a minor is found by the | ||||||
27 | court to be dependent under
Section 2-4 of this Act, | ||||||
28 | custody of the minor shall not
be restored to any parent, | ||||||
29 | guardian or legal custodian
whose acts or omissions or both | ||||||
30 | have been identified, pursuant
to subsection (1) of Section | ||||||
31 | 2-21, as forming the basis for
the court's finding of | ||||||
32 | dependency, until such time as
a hearing is held on the | ||||||
33 | issue of the fitness of such
parent, guardian or legal | ||||||
34 | custodian to care for the
minor without endangering the | ||||||
35 | minor's health or safety, and
the court enters an order | ||||||
36 | that such parent, guardian or
legal custodian is fit to |
| |||||||
| |||||||
1 | care for the
minor.
| ||||||
2 | (c)
When the court awards guardianship to the | ||||||
3 | Department of Children and
Family Services, the court shall | ||||||
4 | order the parents to cooperate
with the Department of | ||||||
5 | Children and Family Services,
comply with the terms of the | ||||||
6 | service plans, and correct the
conditions that require the | ||||||
7 | child to be in care, or risk
termination of their parental | ||||||
8 | rights.
| ||||||
9 | (2) Any order of
disposition may provide for protective | ||||||
10 | supervision under Section 2-24 and may include an
order of | ||||||
11 | protection under Section 2-25.
| ||||||
12 | Unless the order
of disposition expressly so provides, it | ||||||
13 | does not operate to close proceedings on the pending
petition, | ||||||
14 | but is subject to modification, not inconsistent with
Section | ||||||
15 | 2-28, until final closing and discharge of the
proceedings | ||||||
16 | under Section 2-31. | ||||||
17 | (3) The court
also shall enter any other orders necessary | ||||||
18 | to fulfill the service plan, including, but not
limited to, (i) | ||||||
19 | orders requiring parties to cooperate with services,
(ii) | ||||||
20 | restraining orders controlling the conduct of any
party likely | ||||||
21 | to frustrate the achievement of the goal, and (iii)
visiting | ||||||
22 | orders. Unless otherwise specifically authorized by
law, the | ||||||
23 | court is not empowered under this subsection (3) to
order | ||||||
24 | specific placements, specific services, or specific
service | ||||||
25 | providers to be included in the plan. If the court
concludes | ||||||
26 | that the Department of Children and Family Services
has abused | ||||||
27 | its discretion in setting the current service plan or
| ||||||
28 | permanency goal for the minor, the court shall enter
specific | ||||||
29 | findings in writing based on the evidence and shall
enter an | ||||||
30 | order for the Department to develop and implement a
new | ||||||
31 | permanency goal and service plan consistent with the
court's | ||||||
32 | findings. The new service plan shall be filed with the
court | ||||||
33 | and served on all parties. The court shall continue
the matter | ||||||
34 | until the new service plan is filed.
| ||||||
35 | (4) In addition
to any other order of disposition, the | ||||||
36 | court may order any minor adjudicated neglected with
respect to |
| |||||||
| |||||||
1 | his or her own injurious behavior to make restitution,
in | ||||||
2 | monetary or non-monetary form, under the terms and
conditions | ||||||
3 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
4 | that the "presentence hearing" referred to therein
shall be the | ||||||
5 | dispositional hearing for purposes of this Section.
The parent, | ||||||
6 | guardian or legal custodian of the minor may pay some
or all of | ||||||
7 | such restitution on the minor's behalf.
| ||||||
8 | (5) Any order for
disposition where the minor is committed | ||||||
9 | or placed in accordance with Section 2-27 shall
provide for the | ||||||
10 | parents or guardian of the estate of such minor to pay
to the | ||||||
11 | legal custodian or guardian of the person of the minor
such | ||||||
12 | sums as are determined by the custodian or guardian of
the | ||||||
13 | person of the minor as necessary for the minor's
needs. Such | ||||||
14 | payments may not exceed the maximum amounts provided
for by | ||||||
15 | Section 9.1 of the Children and Family Services
Act. | ||||||
16 | (6) Whenever the
order of disposition requires the minor to | ||||||
17 | attend school or participate in a program of training,
the | ||||||
18 | truant officer or designated school official shall
regularly | ||||||
19 | report to the court if the minor is a chronic or
habitual | ||||||
20 | truant under Section 26-2a of the School
Code. | ||||||
21 | (7) The court may
terminate the parental rights of a parent | ||||||
22 | at the initial dispositional hearing if all of the
conditions | ||||||
23 | in subsection (5) of Section 2-21 are
met. | ||||||
24 | (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff.
8-4-95; 90-27, | ||||||
25 | eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
90-655, | ||||||
26 | eff. 7-30-98; revised
10-9-03 .)
| ||||||
27 | (705 ILCS
405/3-24) (from Ch. 37, par.
803-24)
| ||||||
28 | Sec. 3-24.
Kinds of dispositional orders.
| ||||||
29 | (1) The following
kinds of orders of disposition may be | ||||||
30 | made in respect to wards of the court: A minor found
to be | ||||||
31 | requiring authoritative intervention under Section 3-3
may be | ||||||
32 | (a) committed to the Department of Children and Family
| ||||||
33 | Services, subject to Section 5 of the Children and
Family | ||||||
34 | Services Act; (b) placed under supervision and
released to his | ||||||
35 | or her parents, guardian or legal custodian; (c)
placed in |
| |||||||
| |||||||
1 | accordance with Section 3-28 with or without also
being placed | ||||||
2 | under supervision. Conditions of supervision may be
modified or | ||||||
3 | terminated by the court if it deems that the best
interests of | ||||||
4 | the minor and the public will be served thereby; (d)
ordered | ||||||
5 | partially or completely emancipated in accordance with
the | ||||||
6 | provisions of the Emancipation of
Mature Minors Act; or (e)
| ||||||
7 | subject to having his or her driver's license or
driving | ||||||
8 | privilege suspended for such time as determined by the
Court | ||||||
9 | but only until he or she attains 18 years of
age. | ||||||
10 | (2) Any order of
disposition may provide for protective | ||||||
11 | supervision under Section 3-25 and may include an
order of | ||||||
12 | protection under Section 3-26.
| ||||||
13 | (3) Unless the
order of disposition expressly so provides, | ||||||
14 | it does not operate to close proceedings on the
pending | ||||||
15 | petition, but is subject to modification until final
closing | ||||||
16 | and discharge of the proceedings under Section
3-32. | ||||||
17 | (4) In addition
to any other order of disposition, the | ||||||
18 | court may order any person found to be a minor
requiring | ||||||
19 | authoritative intervention under Section 3-3 to make
| ||||||
20 | restitution, in monetary or non-monetary form, under
the terms | ||||||
21 | and conditions of Section 5-5-6 of the Unified Code of
| ||||||
22 | Corrections, except that the "presentence hearing"
referred to | ||||||
23 | therein shall be the dispositional hearing for
purposes of this | ||||||
24 | Section. The parent, guardian or legal custodian of
the minor | ||||||
25 | may pay some or all of such restitution on the minor's
behalf. | ||||||
26 | (5) Any order for
disposition where the minor is committed | ||||||
27 | or placed in accordance with Section 3-28 shall
provide for the | ||||||
28 | parents or guardian of the estate of such minor to pay
to the | ||||||
29 | legal custodian or guardian of the person of the minor
such | ||||||
30 | sums as are determined by the custodian or guardian of
the | ||||||
31 | person of the minor as necessary for the minor's
needs. Such | ||||||
32 | payments may not exceed the maximum amounts provided
for by | ||||||
33 | Section 9.1 of the Children and Family Services
Act. | ||||||
34 | (6) Whenever the
order of disposition requires the minor to | ||||||
35 | attend school or participate in a program of training,
the | ||||||
36 | truant officer or designated school official shall
regularly |
| |||||||
| |||||||
1 | report to the court if the minor is a chronic or
habitual | ||||||
2 | truant under Section 26-2a of the School
Code. | ||||||
3 | (7) The court
must impose upon a minor under an order of | ||||||
4 | continuance under supervision or an order of
disposition under | ||||||
5 | this Article III, as a condition of the order, a fee
of $25 for | ||||||
6 | each month or partial month of supervision with a
probation | ||||||
7 | officer. If the court determines the inability of the
minor, or | ||||||
8 | the parent, guardian, or legal custodian of the minor
to pay | ||||||
9 | the fee, the court may impose a lesser fee. The court
may not | ||||||
10 | impose the fee on a minor who is made a ward of the
State under | ||||||
11 | this Act. The fee may be imposed only upon a minor who
is | ||||||
12 | actively supervised by the probation and court
services | ||||||
13 | department. The fee must be collected by the clerk of
the | ||||||
14 | circuit court. The clerk of the circuit court must pay
all | ||||||
15 | monies collected from this fee to the county treasurer
for | ||||||
16 | deposit into the probation and court services fund
under | ||||||
17 | Section 15.1 of the Probation and Probation Officers
Act. | ||||||
18 | (Source: P.A. 92-329, eff. 8-9-01; revised
10-9-03.)
| ||||||
19 | (705 ILCS
405/4-21) (from Ch. 37, par.
804-21)
| ||||||
20 | Sec. 4-21.
Kinds of dispositional orders.
| ||||||
21 | (1) A minor found
to be addicted under Section 4-3 may be | ||||||
22 | (a) committed to the Department of Children and Family
| ||||||
23 | Services, subject to Section 5 of the Children and
Family | ||||||
24 | Services Act; (b) placed under supervision and
released to his | ||||||
25 | or her parents, guardian or legal custodian; (c)
placed in | ||||||
26 | accordance with Section 4-25 with or without also
being placed | ||||||
27 | under supervision. Conditions of supervision may be
modified or | ||||||
28 | terminated by the court if it deems that the best
interests of | ||||||
29 | the minor and the public will be served thereby; (d)
required | ||||||
30 | to attend an approved alcohol or drug abuse treatment
or | ||||||
31 | counseling program on an inpatient or outpatient basis
instead | ||||||
32 | of or in addition to the disposition otherwise
provided for in | ||||||
33 | this paragraph; (e) ordered partially or completely
| ||||||
34 | emancipated in accordance with the provisions of the
| ||||||
35 | Emancipation of
Mature Minors Act; or (f)
subject to having his |
| |||||||
| |||||||
1 | or her driver's license or driving privilege suspended
for such | ||||||
2 | time as determined by the Court but only until he or
she | ||||||
3 | attains 18 years of age. No disposition under this
subsection | ||||||
4 | shall provide for the minor's placement in a secure
facility. | ||||||
5 | (2) Any order of
disposition may provide for protective | ||||||
6 | supervision under Section 4-22 and may include an
order of | ||||||
7 | protection under Section 4-23.
| ||||||
8 | (3) Unless the
order of disposition expressly so provides, | ||||||
9 | it does not operate to close proceedings on the
pending | ||||||
10 | petition, but is subject to modification until final
closing | ||||||
11 | and discharge of the proceedings under Section
4-29. | ||||||
12 | (4) In addition
to any other order of disposition, the | ||||||
13 | court may order any minor found to be addicted under
this | ||||||
14 | Article as neglected with respect to his or her own
injurious | ||||||
15 | behavior, to make restitution, in monetary or
non-monetary | ||||||
16 | form, under the terms and conditions of Section 5-5-6
of the | ||||||
17 | Unified Code of Corrections, except that the
"presentence | ||||||
18 | hearing" referred to therein shall be the
dispositional hearing | ||||||
19 | for purposes of this Section. The parent, guardian or
legal | ||||||
20 | custodian of the minor may pay some or all of such
restitution | ||||||
21 | on the minor's behalf. | ||||||
22 | (5) Any order for
disposition where the minor is placed in | ||||||
23 | accordance with Section 4-25 shall provide for the
parents or | ||||||
24 | guardian of the estate of such minor to pay to the
legal | ||||||
25 | custodian or guardian of the person of the minor such
sums as | ||||||
26 | are determined by the custodian or guardian of the
person of | ||||||
27 | the minor as necessary for the minor's needs. Such
payments may | ||||||
28 | not exceed the maximum amounts provided for by Section
9.1 of | ||||||
29 | the Children and Family Services Act.
| ||||||
30 | (6) Whenever the
order of disposition requires the minor to | ||||||
31 | attend school or participate in a program of training,
the | ||||||
32 | truant officer or designated school official shall
regularly | ||||||
33 | report to the court if the minor is a chronic or
habitual | ||||||
34 | truant under Section 26-2a of the School
Code. | ||||||
35 | (7) The court
must impose upon a minor under an order of | ||||||
36 | continuance under supervision or an order of
disposition under |
| |||||||
| |||||||
1 | this Article IV, as a condition of the order, a fee of
$25 for | ||||||
2 | each month or partial month of supervision with a
probation | ||||||
3 | officer. If the court determines the inability of the
minor, or | ||||||
4 | the parent, guardian, or legal custodian of the minor
to pay | ||||||
5 | the fee, the court may impose a lesser fee. The court
may not | ||||||
6 | impose the fee on a minor who is made a ward of the
State under | ||||||
7 | this Act. The fee may be imposed only upon a minor who
is | ||||||
8 | actively supervised by the probation and court
services | ||||||
9 | department. The fee must be collected by the clerk of
the | ||||||
10 | circuit court. The clerk of the circuit court must pay
all | ||||||
11 | monies collected from this fee to the county treasurer
for | ||||||
12 | deposit into the probation and court services fund
under | ||||||
13 | Section 15.1 of the Probation and Probation Officers
Act. | ||||||
14 | (Source: P.A. 92-329, eff. 8-9-01; revised
10-9-03.)
| ||||||
15 | (705 ILCS
405/5-710)
| ||||||
16 | Sec. 5-710.
Kinds of sentencing orders.
| ||||||
17 | (1) The following
kinds of sentencing orders may be made in | ||||||
18 | respect of wards of the court:
| ||||||
19 | (a)
Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
20 | a minor who is found guilty
under Section 5-620 may be:
| ||||||
21 | (i)
put on probation or conditional discharge and | ||||||
22 | released
to his or her parents, guardian or legal | ||||||
23 | custodian,
provided, however, that any such minor who | ||||||
24 | is not
committed to the Department of Corrections, | ||||||
25 | Juvenile
Division under this subsection and who is | ||||||
26 | found
to be a delinquent for an offense which is first | ||||||
27 | degree
murder, a Class X felony, or a forcible felony | ||||||
28 | shall
be placed on probation;
| ||||||
29 | (ii)
placed in accordance with Section 5-740, with | ||||||
30 | or
without also being put on probation or conditional | ||||||
31 | discharge;
| ||||||
32 | (iii)
required to undergo a substance abuse | ||||||
33 | assessment
conducted by a licensed provider and | ||||||
34 | participate
in the indicated clinical level of care;
| ||||||
35 | (iv)
placed in the guardianship of the Department |
| |||||||
| |||||||
1 | of
Children and Family Services, but only if the | ||||||
2 | delinquent
minor is under 13 years of age;
| ||||||
3 | (v)
placed in detention for a period not to exceed | ||||||
4 | 30
days, either as the exclusive order of disposition | ||||||
5 | or,
where appropriate, in conjunction with any other | ||||||
6 | order
of disposition issued under this paragraph, | ||||||
7 | provided
that any such detention shall be in a juvenile | ||||||
8 | detention
home and the minor so detained shall be 10 | ||||||
9 | years
of age or older. However, the 30-day limitation | ||||||
10 | may be
extended by further order of the court for a | ||||||
11 | minor
under age 13 committed to the Department of | ||||||
12 | Children
and Family Services if the court finds that | ||||||
13 | the
minor is a danger to himself or others. The minor | ||||||
14 | shall
be given credit on the sentencing order of | ||||||
15 | detention
for time spent in detention under Sections | ||||||
16 | 5-501,
5-601, 5-710, or 5-720 of this Article as a | ||||||
17 | result
of the offense for which the sentencing order | ||||||
18 | was
imposed. The court may grant credit on a sentencing | ||||||
19 | order
of detention entered under a violation of | ||||||
20 | probation
or violation of conditional discharge under | ||||||
21 | Section
5-720 of this Article for time spent in | ||||||
22 | detention
before the filing of the petition alleging | ||||||
23 | the
violation. A minor shall not be deprived of credit | ||||||
24 | for
time spent in detention before the filing of a | ||||||
25 | violation
of probation or conditional discharge | ||||||
26 | alleging
the same or related act or acts;
| ||||||
27 | (vi)
ordered partially or completely emancipated | ||||||
28 | in
accordance with the provisions of the Emancipation | ||||||
29 | of
Mature Minors Act;
| ||||||
30 | (vii)
subject to having his or her driver's license | ||||||
31 | or
driving privileges suspended for such time as | ||||||
32 | determined
by the court but only until he or she | ||||||
33 | attains 18
years of age;
| ||||||
34 | (viii)
put on probation or conditional discharge | ||||||
35 | and
placed in detention under Section 3-6039 of the | ||||||
36 | Counties
Code for a period not to exceed the period of |
| |||||||
| |||||||
1 | incarceration
permitted by law for adults found guilty | ||||||
2 | of the
same offense or offenses for which the minor was | ||||||
3 | adjudicated
delinquent, and in any event no longer than | ||||||
4 | upon
attainment of age 21; this subdivision (viii) | ||||||
5 | notwithstanding
any contrary provision of the law; or
| ||||||
6 | (ix)
ordered to undergo a medical or other | ||||||
7 | procedure
to have a tattoo symbolizing allegiance to a | ||||||
8 | street
gang removed from his or her body.
| ||||||
9 | (b)
A minor found to be guilty may be committed to the | ||||||
10 | Department of Corrections,
Juvenile Division, under | ||||||
11 | Section 5-750 if the minor is
13 years of age or older, | ||||||
12 | provided that the commitment
to the Department of | ||||||
13 | Corrections, Juvenile
Division, shall be made only if a | ||||||
14 | term of incarceration is
permitted by law for adults found | ||||||
15 | guilty of the offense for
which the minor was adjudicated | ||||||
16 | delinquent. The time during
which a minor is in custody | ||||||
17 | before being released upon the
request of a parent, | ||||||
18 | guardian or legal custodian
shall be considered as time | ||||||
19 | spent in
detention.
| ||||||
20 | (c)
When a minor is found to be guilty for an offense | ||||||
21 | which is a violation of the
Illinois Controlled Substances | ||||||
22 | Act or the Cannabis Control
Act and made a ward of the | ||||||
23 | court, the court may enter a
disposition order requiring | ||||||
24 | the minor to undergo
assessment, counseling or treatment in | ||||||
25 | a substance abuse program
approved by the Department of | ||||||
26 | Human Services.
| ||||||
27 | (2) Any
sentencing order other than commitment to the | ||||||
28 | Department of Corrections, Juvenile Division, may
provide for | ||||||
29 | protective supervision under Section 5-725 and may
include an | ||||||
30 | order of protection under Section 5-730.
| ||||||
31 | (3) Unless the
sentencing order expressly so provides, it | ||||||
32 | does not operate to close proceedings on the pending
petition, | ||||||
33 | but is subject to modification until final closing and
| ||||||
34 | discharge of the proceedings under Section
5-750. | ||||||
35 | (4) In addition
to any other sentence, the court may order | ||||||
36 | any minor found to be delinquent to make restitution,
in |
| |||||||
| |||||||
1 | monetary or non-monetary form, under the terms and
conditions | ||||||
2 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
3 | that the "presentencing hearing" referred to in that
Section | ||||||
4 | shall be the sentencing hearing for purposes of this
Section. | ||||||
5 | The parent, guardian or legal custodian of the minor
may be | ||||||
6 | ordered by the court to pay some or all of the
restitution on | ||||||
7 | the minor's behalf, pursuant to the Parental
Responsibility | ||||||
8 | Law. The State's Attorney is authorized to act on
behalf of any | ||||||
9 | victim in seeking restitution in proceedings under
this | ||||||
10 | Section, up to the maximum amount allowed in Section 5
of the | ||||||
11 | Parental Responsibility Law.
| ||||||
12 | (5) Any
sentencing order where the minor is committed or | ||||||
13 | placed in accordance with Section 5-740 shall provide
for the | ||||||
14 | parents or guardian of the estate of the minor to pay
to the | ||||||
15 | legal custodian or guardian of the person of the minor
such | ||||||
16 | sums as are determined by the custodian or guardian of
the | ||||||
17 | person of the minor as necessary for the minor's
needs. The | ||||||
18 | payments may not exceed the maximum amounts provided
for by | ||||||
19 | Section 9.1 of the Children and Family Services
Act. | ||||||
20 | (6) Whenever the
sentencing order requires the minor to | ||||||
21 | attend school or participate in a program of training,
the | ||||||
22 | truant officer or designated school official shall
regularly | ||||||
23 | report to the court if the minor is a chronic or
habitual | ||||||
24 | truant under Section 26-2a of the School
Code. | ||||||
25 | (7) In no event
shall a guilty minor be committed to the | ||||||
26 | Department of Corrections, Juvenile Division for a
period of | ||||||
27 | time in excess of that period for which an adult could
be | ||||||
28 | committed for the same act. | ||||||
29 | (8) A minor found
to be guilty for reasons that include a | ||||||
30 | violation of Section 21-1.3 of the Criminal Code of
1961 shall | ||||||
31 | be ordered to perform community service for not less
than 30 | ||||||
32 | and not more than 120 hours, if community service is
available | ||||||
33 | in the jurisdiction. The community service shall
include, but | ||||||
34 | need not be limited to, the cleanup and repair of the
damage | ||||||
35 | that was caused by the violation or similar damage to
property | ||||||
36 | located in the municipality or county in which the
violation |
| |||||||
| |||||||
1 | occurred. The order may be in addition to any other
order | ||||||
2 | authorized by this Section. | ||||||
3 | (8.5) A minor
found to be guilty for reasons that include a | ||||||
4 | violation of Section 3.02 or Section 3.03 of the
Humane Care | ||||||
5 | for Animals Act or paragraph (d) of subsection (1) of
Section | ||||||
6 | 21-1 of the Criminal Code of 1961 shall be ordered to
undergo | ||||||
7 | medical or psychiatric treatment rendered by a
psychiatrist or | ||||||
8 | psychological treatment rendered by a clinical
psychologist. | ||||||
9 | The order may be in addition to any other order
authorized by | ||||||
10 | this Section. | ||||||
11 | (9) In addition
to any other sentencing order, the court | ||||||
12 | shall order any minor found to be guilty for an act
which would | ||||||
13 | constitute, predatory criminal sexual assault of a
child, | ||||||
14 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
15 | aggravated criminal sexual abuse, or criminal sexual
abuse if | ||||||
16 | committed by an adult to undergo medical testing to
determine | ||||||
17 | whether the defendant has any sexually transmissible
disease | ||||||
18 | including a test for infection with human
immunodeficiency | ||||||
19 | virus (HIV) or any other identified causative agency
of | ||||||
20 | acquired immunodeficiency syndrome (AIDS). Any medical
test | ||||||
21 | shall be performed only by appropriately licensed
medical | ||||||
22 | practitioners and may include an analysis of any
bodily fluids | ||||||
23 | as well as an examination of the minor's person.
Except as | ||||||
24 | otherwise provided by law, the results of the test
shall be | ||||||
25 | kept strictly confidential by all medical personnel
involved in | ||||||
26 | the testing and must be personally delivered in a
sealed | ||||||
27 | envelope to the judge of the court in which the
sentencing | ||||||
28 | order was entered for the judge's inspection in
camera. Acting | ||||||
29 | in accordance with the best interests of the victim
and the | ||||||
30 | public, the judge shall have the discretion to
determine to | ||||||
31 | whom the results of the testing may be revealed. The
court | ||||||
32 | shall notify the minor of the results of the test for
infection | ||||||
33 | with the human immunodeficiency virus (HIV). The court
shall | ||||||
34 | also notify the victim if requested by the victim, and
if the | ||||||
35 | victim is under the age of 15 and if requested by the
victim's | ||||||
36 | parents or legal guardian, the court shall notify the
victim's |
| |||||||
| |||||||
1 | parents or the legal guardian, of the results of the
test for | ||||||
2 | infection with the human immunodeficiency virus (HIV).
The | ||||||
3 | court shall provide information on the availability of
HIV | ||||||
4 | testing and counseling at the Department of Public
Health | ||||||
5 | facilities to all parties to whom the results of the
testing | ||||||
6 | are revealed. The court shall order that the cost of
any test | ||||||
7 | shall be paid by the county and may be taxed as costs
against | ||||||
8 | the minor. | ||||||
9 | (10) When a court
finds a minor to be guilty the court | ||||||
10 | shall, before entering a sentencing order under this
Section, | ||||||
11 | make a finding whether the offense committed either:
(a) was | ||||||
12 | related to or in furtherance of the criminal
activities of an | ||||||
13 | organized gang or was motivated by the minor's
membership in or | ||||||
14 | allegiance to an organized gang, or (b) involved a
violation of | ||||||
15 | subsection (a) of Section 12-7.1 of the Criminal Code
of 1961, | ||||||
16 | a violation of any Section of Article 24 of the
Criminal Code | ||||||
17 | of 1961, or a violation of any statute that involved
the | ||||||
18 | wrongful use of a firearm. If the court determines the
question | ||||||
19 | in the affirmative, and the court does not commit the
minor to | ||||||
20 | the Department of Corrections, Juvenile Division, the
court | ||||||
21 | shall order the minor to perform community service for
not less | ||||||
22 | than 30 hours nor more than 120 hours, provided that
community | ||||||
23 | service is available in the jurisdiction and is funded
and | ||||||
24 | approved by the county board of the county where the
offense | ||||||
25 | was committed. The community service shall include,
but need | ||||||
26 | not be limited to, the cleanup and repair of any
damage caused | ||||||
27 | by a violation of Section 21-1.3 of the Criminal Code
of 1961 | ||||||
28 | and similar damage to property located in the
municipality or | ||||||
29 | county in which the violation occurred. When possible
and | ||||||
30 | reasonable, the community service shall be performed
in the | ||||||
31 | minor's neighborhood. This order shall be in addition
to any | ||||||
32 | other order authorized by this Section except for an
order to | ||||||
33 | place the minor in the custody of the Department of
| ||||||
34 | Corrections, Juvenile Division. For the purposes of
this | ||||||
35 | Section, "organized gang" has the meaning ascribed to
it in | ||||||
36 | Section 10 of the Illinois Streetgang Terrorism
Omnibus |
| |||||||
| |||||||
1 | Prevention Act. | ||||||
2 | (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02;
revised | ||||||
3 | 10-9-03.) | ||||||
4 | Section 470.
The Criminal Code of 1961 is amended by | ||||||
5 | renumbering Section 2-.5, changing Sections 9-3, 10-6,
12-2, | ||||||
6 | 12-10.1, 14-3, 17-1, and 24-2, and setting forth and
| ||||||
7 | renumbering multiple versions of Section 12-4.10 as
follows:
| ||||||
8 | (720 ILCS
5/2-0.5) (was 720 ILCS
5/2-.5)
| ||||||
9 | Sec.
2-0.5
2-.5 .
Definitions. For the
purposes of this | ||||||
10 | Code, the words and phrases described in this Article
have the | ||||||
11 | meanings designated in this Article, except when a
particular | ||||||
12 | context clearly requires a different
meaning. | ||||||
13 | (Source: Laws 1961, p. 1983; revised
1-22-04.)
| ||||||
14 | (720 ILCS
5/9-3) (from Ch. 38, par.
9-3)
| ||||||
15 | (Text of Section
before amendment by P.A. 93-178 ) | ||||||
16 | Sec. 9-3.
Involuntary Manslaughter and Reckless Homicide.
| ||||||
17 | (a) A person who
unintentionally kills an individual | ||||||
18 | without lawful justification commits involuntary
manslaughter | ||||||
19 | if his acts whether lawful or unlawful which cause the
death | ||||||
20 | are such as are likely to cause death or great bodily
harm to | ||||||
21 | some individual, and he performs them recklessly,
except in | ||||||
22 | cases in which the cause of the death consists of the
driving | ||||||
23 | of a motor vehicle or operating a snowmobile,
all-terrain | ||||||
24 | vehicle, or watercraft, in which case the person
commits | ||||||
25 | reckless homicide. | ||||||
26 | (b)
(Blank). | ||||||
27 | (c)
(Blank). | ||||||
28 | (d)
Sentence.
| ||||||
29 | (1)
Involuntary manslaughter is a Class 3 felony.
| ||||||
30 | (2)
Reckless homicide is a Class 3 felony. | ||||||
31 | (e)
(Blank). | ||||||
32 | (e-5)
(Blank). | ||||||
33 | (f) In cases
involving involuntary manslaughter in which |
| |||||||
| |||||||
1 | the victim was a family or household member as defined
in | ||||||
2 | paragraph (3) of Section 112A-3 of the Code of
Criminal | ||||||
3 | Procedure of 1963, the penalty shall be a Class 2
felony, for | ||||||
4 | which a person if sentenced to a term of imprisonment,
shall be | ||||||
5 | sentenced to a term of not less than 3 years and not
more than | ||||||
6 | 14 years. | ||||||
7 | (Source: P.A. 92-16, eff. 6-28-01; 93-213, eff.
7-18-03.) | ||||||
8 | (Text of Section
after amendment by P.A. 93-178 ) | ||||||
9 | Sec. 9-3.
Involuntary Manslaughter and Reckless Homicide.
| ||||||
10 | (a) A person who
unintentionally kills an individual | ||||||
11 | without lawful justification commits involuntary
manslaughter | ||||||
12 | if his acts whether lawful or unlawful which cause the
death | ||||||
13 | are such as are likely to cause death or great bodily
harm to | ||||||
14 | some individual, and he performs them recklessly,
except in | ||||||
15 | cases in which the cause of the death consists of the
driving | ||||||
16 | of a motor vehicle or operating a snowmobile,
all-terrain | ||||||
17 | vehicle, or watercraft, in which case the person
commits | ||||||
18 | reckless homicide. | ||||||
19 | (b)
(Blank). | ||||||
20 | (c)
(Blank). | ||||||
21 | (d)
Sentence.
| ||||||
22 | (1)
Involuntary manslaughter is a Class 3 felony.
| ||||||
23 | (2)
Reckless homicide is a Class 3 felony. | ||||||
24 | (e) (Blank).
subsections, (e-7), and (e-8)
| ||||||
25 | (e-5)
(Blank). | ||||||
26 | (e-7) Except as
otherwise provided in subsection (e-8), in | ||||||
27 | cases involving reckless homicide in which the
defendant was | ||||||
28 | driving in a construction or maintenance zone, as
defined in | ||||||
29 | Section 11-605 of the Illinois Vehicle Code, the
penalty is a | ||||||
30 | Class 2 felony, for which a person, if sentenced to a
term of | ||||||
31 | imprisonment, shall be sentenced to a term of not less
than 3 | ||||||
32 | years and not more than 14 years.
| ||||||
33 | (e-8) In cases
involving reckless homicide in which the | ||||||
34 | defendant was driving in a construction or maintenance
zone, as | ||||||
35 | defined in Section 11-605 of the Illinois Vehicle
Code, and |
| |||||||
| |||||||
1 | caused the deaths of 2 or more persons as part of a
single | ||||||
2 | course of conduct, the penalty is a Class 2 felony,
for which a | ||||||
3 | person, if sentenced to a term of imprisonment, shall
be | ||||||
4 | sentenced to a term of not less than 6 years and not
more than | ||||||
5 | 28 years. | ||||||
6 | (f) In cases
involving involuntary manslaughter in which | ||||||
7 | the victim was a family or household member as defined
in | ||||||
8 | paragraph (3) of Section 112A-3 of the Code of
Criminal | ||||||
9 | Procedure of 1963, the penalty shall be a Class 2
felony, for | ||||||
10 | which a person if sentenced to a term of imprisonment,
shall be | ||||||
11 | sentenced to a term of not less than 3 years and not
more than | ||||||
12 | 14 years. | ||||||
13 | (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff.
6-1-04; 93-213, | ||||||
14 | eff. 7-18-03; revised 7-28-03.)
| ||||||
15 | (720 ILCS
5/10-6) (from Ch. 38, par.
10-6)
| ||||||
16 | Sec. 10-6.
Harboring a runaway.
| ||||||
17 | (a) Any person,
other than an agency or association | ||||||
18 | providing crisis intervention services as defined in
Section | ||||||
19 | 3-5 of the Juvenile Court Act of 1987, or an operator
of a | ||||||
20 | youth emergency shelter as defined in Section 2.21 of
the Child | ||||||
21 | Care Act of 1969, who, without the knowledge and
consent of the | ||||||
22 | minor's parent or guardian, knowingly gives shelter to
a minor, | ||||||
23 | other than a mature minor who has been emancipated
under the | ||||||
24 | Emancipation of
Mature Minors Act, for more
than 48 hours | ||||||
25 | without the consent of the minor's parent or guardian,
and | ||||||
26 | without notifying the local law enforcement
authorities of the | ||||||
27 | minor's name and the fact that the minor is being
provided | ||||||
28 | shelter commits the offense of harboring a
runaway. | ||||||
29 | (b) Any person
who commits the offense of harboring a | ||||||
30 | runaway is guilty of a Class A
misdemeanor. | ||||||
31 | (Source: P.A. 86-278; 86-386; revised
10-9-03.)
| ||||||
32 | (720 ILCS
5/12-2) (from Ch. 38, par.
12-2)
| ||||||
33 | Sec. 12-2.
Aggravated assault.
| ||||||
34 | (a) A person
commits an aggravated assault, when, in |
| |||||||
| |||||||
1 | committing an assault, he:
| ||||||
2 | (1)
Uses a deadly weapon or any device manufactured and | ||||||
3 | designed to be substantially
similar in appearance to a | ||||||
4 | firearm, other than by
discharging a firearm in the | ||||||
5 | direction of another person, a
peace officer, a person | ||||||
6 | summoned or directed by a
peace officer, a correctional | ||||||
7 | officer or a fireman or in the
direction of a vehicle | ||||||
8 | occupied by another person, a
peace officer, a person | ||||||
9 | summoned or directed by a
peace officer, a correctional | ||||||
10 | officer or a fireman while the
officer or fireman is | ||||||
11 | engaged in the execution of
any of his official duties, or | ||||||
12 | to prevent the officer or
fireman from performing his | ||||||
13 | official duties, or in
retaliation for the officer or | ||||||
14 | fireman performing his
official duties;
| ||||||
15 | (2)
Is hooded, robed or masked in such manner as to | ||||||
16 | conceal his identity or any
device manufactured and | ||||||
17 | designed to be substantially
similar in appearance to a | ||||||
18 | firearm;
| ||||||
19 | (3)
Knows the individual assaulted to be a teacher or | ||||||
20 | other person employed in any
school and such teacher or | ||||||
21 | other employee is upon the
grounds of a school or grounds | ||||||
22 | adjacent thereto, or is in any
part of a building used for | ||||||
23 | school purposes;
| ||||||
24 | (4)
Knows the individual assaulted to be a supervisor, | ||||||
25 | director, instructor or other
person employed in any park | ||||||
26 | district and such supervisor,
director, instructor or | ||||||
27 | other employee is upon the
grounds of the park or grounds | ||||||
28 | adjacent thereto, or is in any
part of a building used for | ||||||
29 | park purposes;
| ||||||
30 | (5)
Knows the individual assaulted to be a caseworker, | ||||||
31 | investigator, or other person
employed by the State | ||||||
32 | Department of Public Aid, a
County Department of Public | ||||||
33 | Aid, or the Department of
Human Services (acting as | ||||||
34 | successor to the Illinois
Department of Public Aid under | ||||||
35 | the Department of Human
Services Act) and such caseworker, | ||||||
36 | investigator, or other person
is upon the grounds of a |
| |||||||
| |||||||
1 | public aid office or grounds
adjacent thereto, or is in any | ||||||
2 | part of a building used for
public aid purposes, or upon | ||||||
3 | the grounds of a home of a
public aid applicant, recipient | ||||||
4 | or any other person being
interviewed or investigated in | ||||||
5 | the employees' discharge of
his duties, or on grounds | ||||||
6 | adjacent thereto, or is in any
part of a building in which | ||||||
7 | the applicant, recipient, or
other such person resides or | ||||||
8 | is located;
| ||||||
9 | (6)
Knows the individual assaulted to be a peace | ||||||
10 | officer, or a community
policing volunteer, or a fireman | ||||||
11 | while the officer or fireman
is engaged in the execution of | ||||||
12 | any of his official duties, or
to prevent the officer, | ||||||
13 | community policing volunteer,
or fireman from performing | ||||||
14 | his official duties, or in
retaliation for the officer, | ||||||
15 | community policing volunteer,
or fireman performing his | ||||||
16 | official duties, and the
assault is committed other than by | ||||||
17 | the discharge of a firearm in
the direction of the officer | ||||||
18 | or fireman or in the direction
of a vehicle occupied by the | ||||||
19 | officer or
fireman;
| ||||||
20 | (7)
Knows the individual assaulted to be an emergency | ||||||
21 | medical technician -
ambulance, emergency medical | ||||||
22 | technician - intermediate,
emergency medical technician - | ||||||
23 | paramedic, ambulance driver or
other medical assistance or | ||||||
24 | first aid personnel engaged in
the execution of any of his | ||||||
25 | official duties, or to prevent
the emergency medical | ||||||
26 | technician - ambulance,
emergency medical technician - | ||||||
27 | intermediate, emergency
medical technician - paramedic, | ||||||
28 | ambulance driver, or other
medical assistance or first aid | ||||||
29 | personnel from performing his
official duties, or in | ||||||
30 | retaliation for the emergency
medical technician - | ||||||
31 | ambulance, emergency medical
technician - intermediate, | ||||||
32 | emergency medical technician -
paramedic, ambulance | ||||||
33 | driver, or other medical
assistance or first aid personnel | ||||||
34 | performing his official
duties;
| ||||||
35 | (8)
Knows the individual assaulted to be the driver, | ||||||
36 | operator, employee or
passenger of any transportation |
| |||||||
| |||||||
1 | facility or system engaged in
the business of | ||||||
2 | transportation of the public
for hire and the individual | ||||||
3 | assaulted is then performing
in such capacity or then using | ||||||
4 | such public transportation as
a passenger or using any area | ||||||
5 | of any description designated
by the transportation | ||||||
6 | facility or system as a
vehicle boarding, departure, or | ||||||
7 | transfer
location;
| ||||||
8 | (9)
Or the individual assaulted is on or about a public | ||||||
9 | way, public property, or
public place of accommodation or | ||||||
10 | amusement;
| ||||||
11 | (10)
Knows the individual assaulted to be an employee | ||||||
12 | of the State of Illinois, a
municipal corporation therein | ||||||
13 | or a political subdivision
thereof, engaged in the | ||||||
14 | performance of his authorized
duties as such employee;
| ||||||
15 | (11)
Knowingly and without legal justification, | ||||||
16 | commits an assault on a
physically handicapped person;
| ||||||
17 | (12)
Knowingly and without legal justification, | ||||||
18 | commits an assault on a person
60 years of age or older;
| ||||||
19 | (13)
Discharges a firearm;
| ||||||
20 | (14)
Knows the individual assaulted to be a | ||||||
21 | correctional officer, while
the officer is engaged in the | ||||||
22 | execution of any of his or her
official duties, or to | ||||||
23 | prevent the officer from
performing his or her official | ||||||
24 | duties, or in retaliation for
the officer performing his or | ||||||
25 | her official
duties;
| ||||||
26 | (15)
Knows the individual assaulted to be a | ||||||
27 | correctional employee or an
employee of the Department of | ||||||
28 | Human Services supervising or
controlling sexually | ||||||
29 | dangerous persons or sexually
violent persons, while the | ||||||
30 | employee is engaged in the
execution of any of his or her | ||||||
31 | official duties, or to prevent
the employee from performing | ||||||
32 | his or her official duties, or
in retaliation for the | ||||||
33 | employee performing his or her
official duties, and the | ||||||
34 | assault is committed other
than by the discharge of a | ||||||
35 | firearm in the direction of
the employee or in the | ||||||
36 | direction of a vehicle
occupied by the employee; or
|
| |||||||
| |||||||
1 | (16)
Knows the individual assaulted to be an employee | ||||||
2 | of a police or sheriff's
department engaged in the | ||||||
3 | performance of his or her
official duties as such employee. | ||||||
4 | (a-5) A person
commits an aggravated assault when he or she | ||||||
5 | knowingly and without lawful justification shines or
flashes a | ||||||
6 | laser gunsight or other laser device that is attached
or | ||||||
7 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
8 | that the laser beam strikes near or in the immediate
vicinity | ||||||
9 | of any person. | ||||||
10 | (b)
Sentence. | ||||||
11 | Aggravated
assault as defined in paragraphs (1) through (5) | ||||||
12 | and (8) through (12) of subsection (a) of this Section
is a | ||||||
13 | Class A misdemeanor. Aggravated assault as defined in
| ||||||
14 | paragraphs (13), (14), and (15) of subsection (a) of
this | ||||||
15 | Section and as defined in subsection (a-5) of this
Section is a | ||||||
16 | Class 4 felony. Aggravated assault as defined in
paragraphs | ||||||
17 | (6), (7), and (16) of subsection (a) of this Section
is a Class | ||||||
18 | A misdemeanor if a firearm is not used in the
commission of the | ||||||
19 | assault. Aggravated assault as defined in paragraphs
(6), (7), | ||||||
20 | and (16) of subsection (a) of this Section is a Class
4 felony | ||||||
21 | if a firearm is used in the commission of the
assault. | ||||||
22 | (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff.
8-22-02; | ||||||
23 | 92-865, eff. 1-3-03; revised 1-9-03.)
| ||||||
24 | (720 ILCS
5/12-4.10)
| ||||||
25 | Sec. 12-4.10.
Drug related child endangerment.
| ||||||
26 | (a) A person
commits the offense of drug related child | ||||||
27 | endangerment when he or she endangers the life and
health of a | ||||||
28 | child by knowingly exposing the child to a clandestine
drug | ||||||
29 | laboratory environment by performing any of the
following acts:
| ||||||
30 | (1)
producing, manufacturing, or preparing a | ||||||
31 | controlled substance;
or
| ||||||
32 | (2)
producing, manufacturing, or preparing an | ||||||
33 | ingredient required to
manufacture a controlled substance; | ||||||
34 | or
| ||||||
35 | (3)
storing chemicals used in the controlled substance
|
| |||||||
| |||||||
1 | manufacturing process in a
structure to which the child has | ||||||
2 | access; or
| ||||||
3 | (4)
storing contaminated apparatus used in the | ||||||
4 | controlled substance
manufacturing process in a structure | ||||||
5 | to which the child has access;
or
| ||||||
6 | (5)
storing chemical waste and other by-products | ||||||
7 | created during the controlled
substance manufacturing | ||||||
8 | process in a structure to
which the child has access; or
| ||||||
9 | (6)
storing any device used for the ingestion of | ||||||
10 | controlled substances in a
structure to which the child has | ||||||
11 | access.
| ||||||
12 | (b) In this
Section: | ||||||
13 | "Child" means a
person under the age of 18 years. | ||||||
14 | "Structure" means
any house, apartment building, shop, | ||||||
15 | barn, warehouse, building, vessel, railroad car, cargo
| ||||||
16 | container, motor vehicle, house car, trailer, trailer
coach, | ||||||
17 | camper, mine, floating home, watercraft, any structure
capable | ||||||
18 | of holding a clandestine laboratory or any real
property. | ||||||
19 | (c) Sentence. A
person convicted of drug related child | ||||||
20 | endangerment is guilty of a Class 2
felony. | ||||||
21 | (Source: P.A. 93-340, eff. 7-24-03.)
| ||||||
22 | (720 ILCS
5/12-4.12)
| ||||||
23 | Sec.
12-4.12
12-4.10 .
Endangering the life and health of an | ||||||
24 | emergency service provider. | ||||||
25 | (a) A person
commits the offense of endangering the life | ||||||
26 | and health of an emergency service provider if an
emergency | ||||||
27 | service provider experiences death, great bodily harm,
| ||||||
28 | disability, or disfigurement as a result of entering a
| ||||||
29 | structure containing a clandestine drug laboratory
designed or | ||||||
30 | intended to produce an unlawful controlled substance
or | ||||||
31 | designed or intended to produce ingredients used in
the | ||||||
32 | manufacture of an unlawful controlled
substance. | ||||||
33 | (b) In this
Section: | ||||||
34 | "Emergency
service provider" means a peace officer, a | ||||||
35 | firefighter, an emergency medical
technician-ambulance, an |
| |||||||
| |||||||
1 | emergency medical-technician-intermediate, an
emergency | ||||||
2 | medical technician-paramedic, an ambulance driver or
other | ||||||
3 | medical or first aid personnel.
| ||||||
4 | "Structure" means
any house, apartment building, shop, | ||||||
5 | barn, warehouse, building, vessel, railroad car, cargo
| ||||||
6 | container, motor vehicle, housecar, trailer, trailer
coach, | ||||||
7 | camper, mine, floating home, watercraft, any structure
capable | ||||||
8 | of holding a clandestine laboratory or any real
property. | ||||||
9 | (c) Sentence.
Endangering the life and health of an | ||||||
10 | emergency service provider is a Class X
felony. | ||||||
11 | (Source: P.A. 93-111, eff. 7-8-03; revised
9-25-03.)
| ||||||
12 | (720 ILCS
5/12-10.1)
| ||||||
13 | Sec. 12-10.1.
Piercing the body of a minor.
| ||||||
14 | (a)(1) Any person
who pierces the body or oral cavity of a | ||||||
15 | person under 18 years of age
without written consent of a | ||||||
16 | parent or legal guardian of
that person commits the offense | ||||||
17 | of piercing the body of a
minor. Before the oral cavity of | ||||||
18 | a person under 18 years of age
may be pierced, the written | ||||||
19 | consent form signed by the
parent or legal guardian must | ||||||
20 | contain a provision in
substantially the following form:
| ||||||
21 | "I
understand that the oral piercing of the tongue, | ||||||
22 | lips, cheeks, or any other
area of the oral cavity carries | ||||||
23 | serious risk of infection or
damage to the mouth and teeth, | ||||||
24 | or both infection and damage
to those areas, that could | ||||||
25 | result but is not limited to
nerve damage, numbness, and | ||||||
26 | life threatening blood
clots.".
| ||||||
27 | A
person who pierces the oral cavity of a person under | ||||||
28 | 18 years of age without
obtaining a signed written consent | ||||||
29 | form from a parent or legal
guardian of the person that | ||||||
30 | includes the provision
describing the health risks of body | ||||||
31 | piercing, violates this
Section.
| ||||||
32 | (2)
Sentence. Piercing the body of a minor is a Class C | ||||||
33 | misdemeanor.
| ||||||
34 | (b) Definition.
As used in this Section, to "pierce" means | ||||||
35 | to make a hole in the body or oral cavity in order to
insert or |
| |||||||
| |||||||
1 | allow the insertion of any ring, hoop, stud, or other
object | ||||||
2 | for the purpose of ornamentation of the body.
"Piercing" does | ||||||
3 | not include tongue splitting as defined in Section
12-10.2. | ||||||
4 | (c) Exceptions.
This Section may not be construed in any | ||||||
5 | way to prohibit any injection, incision, acupuncture,
or | ||||||
6 | similar medical or dental procedure performed by a
licensed | ||||||
7 | health care professional or other person authorized to
perform | ||||||
8 | that procedure. This Section does not prohibit ear
piercing. | ||||||
9 | This Section does not apply to a minor emancipated
under the | ||||||
10 | Juvenile Court Act of 1987 or the Emancipation of
Mature Minors | ||||||
11 | Act or by marriage. | ||||||
12 | (Source: P.A. 92-692, eff. 1-1-03; 93-449, eff.
1-1-04; revised | ||||||
13 | 10-9-03.)
| ||||||
14 | (720 ILCS
5/14-3) (from Ch. 38, par.
14-3)
| ||||||
15 | Sec. 14-3.
Exemptions. The following activities shall be
| ||||||
16 | exempt from the provisions of this
Article: | ||||||
17 | (a) Listening to
radio, wireless and television | ||||||
18 | communications of any sort where the same are publicly
made; | ||||||
19 | (b) Hearing
conversation when heard by employees of any | ||||||
20 | common carrier by wire incidental to the normal course
of their | ||||||
21 | employment in the operation, maintenance or repair of
the | ||||||
22 | equipment of such common carrier by wire so long as no
| ||||||
23 | information obtained thereby is used or divulged by
the hearer; | ||||||
24 | (c) Any broadcast
by radio, television or otherwise whether | ||||||
25 | it be a broadcast or recorded for the purpose of later
| ||||||
26 | broadcasts of any function where the public is in
attendance | ||||||
27 | and the conversations are overheard incidental to the
main | ||||||
28 | purpose for which such broadcasts are then being
made; | ||||||
29 | (d) Recording or
listening with the aid of any device to | ||||||
30 | any emergency communication made in the normal course
of | ||||||
31 | operations by any federal, state or local law
enforcement | ||||||
32 | agency or institutions dealing in emergency services,
| ||||||
33 | including, but not limited to, hospitals, clinics,
ambulance | ||||||
34 | services, fire fighting agencies, any public utility,
| ||||||
35 | emergency repair facility, civilian defense
establishment or |
| |||||||
| |||||||
1 | military installation; | ||||||
2 | (e) Recording the
proceedings of any meeting required to be | ||||||
3 | open by the Open Meetings Act, as
amended; | ||||||
4 | (f) Recording or
listening with the aid of any device to | ||||||
5 | incoming telephone calls of phone lines publicly
listed or | ||||||
6 | advertised as consumer "hotlines" by manufacturers or
| ||||||
7 | retailers of food and drug products. Such recordings
must be | ||||||
8 | destroyed, erased or turned over to local law
enforcement | ||||||
9 | authorities within 24 hours from the time of such
recording and | ||||||
10 | shall not be otherwise disseminated. Failure on the
part of the | ||||||
11 | individual or business operating any such recording or
| ||||||
12 | listening device to comply with the requirements of
this | ||||||
13 | subsection shall eliminate any civil or criminal
immunity | ||||||
14 | conferred upon that individual or business by the
operation of | ||||||
15 | this Section; | ||||||
16 | (g) With prior
notification to the State's Attorney of the | ||||||
17 | county in which it is to occur, recording or listening
with the | ||||||
18 | aid of any device to any conversation where a law
enforcement | ||||||
19 | officer, or any person acting at the direction of law
| ||||||
20 | enforcement, is a party to the conversation and has
consented | ||||||
21 | to it being intercepted or recorded under
circumstances where | ||||||
22 | the use of the device is necessary for the protection
of the | ||||||
23 | law enforcement officer or any person acting at the
direction | ||||||
24 | of law enforcement, in the course of an investigation
of a | ||||||
25 | forcible felony, a felony violation of the Illinois
Controlled | ||||||
26 | Substances Act, a felony violation of the Cannabis
Control Act, | ||||||
27 | or any "streetgang related" or "gang-related" felony
as those | ||||||
28 | terms are defined in the Illinois Streetgang Terrorism
Omnibus | ||||||
29 | Prevention Act. Any recording or evidence derived as
the result | ||||||
30 | of this exemption shall be inadmissible in any
proceeding, | ||||||
31 | criminal, civil or administrative, except (i) where a
party to | ||||||
32 | the conversation suffers great bodily injury or is
killed | ||||||
33 | during such conversation, or (ii) when used as direct
| ||||||
34 | impeachment of a witness concerning matters contained
in the | ||||||
35 | interception or recording. The Director of the
Department of | ||||||
36 | State Police shall issue regulations as are necessary
|
| |||||||
| |||||||
1 | concerning the use of devices, retention of tape
recordings, | ||||||
2 | and reports regarding their use;
| ||||||
3 | (g-5) With
approval of the State's Attorney of the county | ||||||
4 | in which it is to occur, recording or listening with
the aid of | ||||||
5 | any device to any conversation where a law enforcement
officer, | ||||||
6 | or any person acting at the direction of law
enforcement, is a | ||||||
7 | party to the conversation and has consented to it
being | ||||||
8 | intercepted or recorded in the course of an
investigation of | ||||||
9 | any offense defined in Article 29D of this Code. In
all such | ||||||
10 | cases, an application for an order approving the
previous or | ||||||
11 | continuing use of an eavesdropping device must be made
within | ||||||
12 | 48 hours of the commencement of such use. In the
absence of | ||||||
13 | such an order, or upon its denial, any continuing use
shall | ||||||
14 | immediately terminate. The Director of State Police
shall issue | ||||||
15 | rules as are necessary concerning the use of devices,
retention | ||||||
16 | of tape recordings, and reports regarding their
use. | ||||||
17 | Any recording or
evidence obtained or derived in the course | ||||||
18 | of an investigation of any offense defined in Article
29D of | ||||||
19 | this Code shall, upon motion of the State's Attorney
or | ||||||
20 | Attorney General prosecuting any violation of Article
29D, be | ||||||
21 | reviewed in camera with notice to all parties present
by the | ||||||
22 | court presiding over the criminal case, and, if ruled
by the | ||||||
23 | court to be relevant and otherwise admissible, it
shall be | ||||||
24 | admissible at the trial of the criminal
case. | ||||||
25 | This subsection
(g-5) is inoperative on and after January | ||||||
26 | 1, 2005. No conversations recorded or monitored
pursuant to | ||||||
27 | this subsection (g-5) shall be
inadmissible
inadmissable in a | ||||||
28 | court of law by virtue of the repeal of this
subsection (g-5) | ||||||
29 | on January 1, 2005; | ||||||
30 | (h) Recordings
made simultaneously with a video recording | ||||||
31 | of an oral conversation between a peace officer, who
has | ||||||
32 | identified his or her office, and a person stopped for
an | ||||||
33 | investigation of an offense under the Illinois Vehicle
Code; | ||||||
34 | (i) Recording of
a conversation made by or at the request | ||||||
35 | of a person, not a law enforcement officer or agent of
a law | ||||||
36 | enforcement officer, who is a party to the
conversation, under |
| |||||||
| |||||||
1 | reasonable suspicion that another party to the
conversation is | ||||||
2 | committing, is about to commit, or has committed a
criminal | ||||||
3 | offense against the person or a member of his or her
immediate | ||||||
4 | household, and there is reason to believe that
evidence of the | ||||||
5 | criminal offense may be obtained by the
recording; | ||||||
6 | (j) The use of a
telephone monitoring device by either (1) | ||||||
7 | a corporation or other business entity engaged in
marketing or | ||||||
8 | opinion research or (2) a corporation or other
business entity | ||||||
9 | engaged in telephone solicitation, as defined in this
| ||||||
10 | subsection, to record or listen to oral telephone
solicitation | ||||||
11 | conversations or marketing or opinion research
conversations | ||||||
12 | by an employee of the corporation or other business
entity | ||||||
13 | when:
| ||||||
14 | (i)
the monitoring is used for the purpose of service | ||||||
15 | quality control of marketing
or opinion research or | ||||||
16 | telephone solicitation, the
education or training of | ||||||
17 | employees or contractors
engaged in marketing or opinion | ||||||
18 | research or telephone
solicitation, or internal research | ||||||
19 | related to marketing or
opinion research or telephone | ||||||
20 | solicitation; and
| ||||||
21 | (ii)
the monitoring is used with the consent of at | ||||||
22 | least one person who is an
active party to the marketing or | ||||||
23 | opinion research conversation
or telephone solicitation | ||||||
24 | conversation being
monitored. | ||||||
25 | No communication
or conversation or any part, portion, or | ||||||
26 | aspect of the communication or conversation made,
acquired, or | ||||||
27 | obtained, directly or indirectly, under this exemption
(j), may | ||||||
28 | be, directly or indirectly, furnished to any law
enforcement | ||||||
29 | officer, agency, or official for any purpose or used
in any | ||||||
30 | inquiry or investigation, or used, directly or
indirectly, in | ||||||
31 | any administrative, judicial, or other proceeding, or
divulged | ||||||
32 | to any third party. | ||||||
33 | When recording or
listening authorized by this subsection | ||||||
34 | (j) on telephone lines used for marketing or opinion
research | ||||||
35 | or telephone solicitation purposes results in
recording or | ||||||
36 | listening to a conversation that does not relate to
marketing |
| |||||||
| |||||||
1 | or opinion research or telephone solicitation; the
person | ||||||
2 | recording or listening shall, immediately upon
determining | ||||||
3 | that the conversation does not relate to marketing or
opinion | ||||||
4 | research or telephone solicitation, terminate the
recording or | ||||||
5 | listening and destroy any such recording as soon as is
| ||||||
6 | practicable. | ||||||
7 | Business entities
that use a telephone monitoring or | ||||||
8 | telephone recording system pursuant to this exemption
(j) shall | ||||||
9 | provide current and prospective employees with notice
that the | ||||||
10 | monitoring or recordings may occur during the course
of their | ||||||
11 | employment. The notice shall include prominent signage
| ||||||
12 | notification within the workplace.
| ||||||
13 | Business entities
that use a telephone monitoring or | ||||||
14 | telephone recording system pursuant to this exemption
(j) shall | ||||||
15 | provide their employees or agents with access to
personal-only | ||||||
16 | telephone lines which may be pay telephones, that are
not | ||||||
17 | subject to telephone monitoring or telephone
recording. | ||||||
18 | For the purposes
of this subsection (j), "telephone | ||||||
19 | solicitation" means a communication through the use of
a | ||||||
20 | telephone by live operators:
| ||||||
21 | (i)
soliciting the sale of goods or services;
| ||||||
22 | (ii)
receiving orders for the sale of goods or | ||||||
23 | services;
| ||||||
24 | (iii)
assisting in the use of goods or services; or
| ||||||
25 | (iv)
engaging in the solicitation, administration, or | ||||||
26 | collection of bank or retail
credit accounts. | ||||||
27 | For the purposes
of this subsection (j), "marketing or | ||||||
28 | opinion research" means a marketing or opinion
research | ||||||
29 | interview conducted by a live telephone interviewer
engaged by | ||||||
30 | a corporation or other business entity whose principal
business | ||||||
31 | is the design, conduct, and analysis of polls and
surveys | ||||||
32 | measuring the opinions, attitudes, and responses of
| ||||||
33 | respondents toward products and services, or social or
| ||||||
34 | political issues, or both ;
. | ||||||
35 | (k) Electronic
recordings, including but not limited to, a | ||||||
36 | motion picture, videotape, digital, or other visual or
audio |
| |||||||
| |||||||
1 | recording, made of a custodial interrogation of an
individual | ||||||
2 | at a police station or other place of detention by a
law | ||||||
3 | enforcement officer under Section 5-401.5 of the
Juvenile Court | ||||||
4 | Act of 1987 or Section 103-2.1 of the Code of Criminal
| ||||||
5 | Procedure of 1963; and | ||||||
6 | (l)
(k) Recording the interview or
statement of any person | ||||||
7 | when the person knows that the interview is being
conducted by | ||||||
8 | a law enforcement officer or prosecutor and the
interview takes | ||||||
9 | place at a police station that is currently
participating in | ||||||
10 | the Custodial Interview Pilot Program established
under the | ||||||
11 | Illinois Criminal Justice Information
Act. | ||||||
12 | (Source: P.A. 92-854, eff. 12-5-02; 93-206, eff.
7-18-03; | ||||||
13 | 93-517, eff. 8-6-03; 93-605, eff. 11-19-03; revised
12-9-03.)
| ||||||
14 | (720 ILCS
5/17-1) (from Ch. 38, par.
17-1)
| ||||||
15 | Sec. 17-1.
Deceptive practices.
| ||||||
16 | (A) Definitions.
| ||||||
17 | As used in this
Section:
| ||||||
18 | (i)
A
" Financial
institution " means any bank, savings
| ||||||
19 | and loan association, credit
union, or other depository of | ||||||
20 | money, or medium of savings
and collective investment.
| ||||||
21 | (ii)
An " account
holder " is any
person , having a | ||||||
22 | checking account or savings
account in a financial | ||||||
23 | institution.
| ||||||
24 | (iii)
To act with the "intent to defraud" means to act | ||||||
25 | wilfully, and with the
specific intent to deceive or cheat, | ||||||
26 | for the purpose of causing
financial loss to another, or to | ||||||
27 | bring some financial gain to
oneself. It is not necessary | ||||||
28 | to establish that any person
was actually defrauded or | ||||||
29 | deceived.
| ||||||
30 | (B) General
Deception . | ||||||
31 | A person commits
a deceptive practice when, with intent to | ||||||
32 | defraud , the person does any of the
following :
| ||||||
33 | (a)
He or she causes another, by deception or
threat , | ||||||
34 | to execute a document
disposing of property or a document |
| |||||||
| |||||||
1 | by which a pecuniary
obligation is incurred . ,
or
| ||||||
2 | (b)
Being an officer, manager or other person | ||||||
3 | participating in the direction
of a financial institution, | ||||||
4 | he or
she knowingly receives or permits the receipt of a
| ||||||
5 | deposit or other investment,
knowing that the institution | ||||||
6 | is
insolvent . ,
or
| ||||||
7 | (c)
He or she knowingly makes or directs
another to | ||||||
8 | make a false or deceptive
statement addressed to the public | ||||||
9 | for the purpose of promoting
the sale of property or | ||||||
10 | services .
, or
| ||||||
11 | (d)
With intent to obtain control over property or to | ||||||
12 | pay for property, labor or
services of another, or in | ||||||
13 | satisfaction of an obligation
for payment of tax under the | ||||||
14 | Retailers' Occupation Tax Act
or any other tax due to the | ||||||
15 | State of Illinois, he
or she issues or delivers a check or
| ||||||
16 | other order upon a real or
fictitious depository for the | ||||||
17 | payment of money, knowing that
it will not be paid by the | ||||||
18 | depository. Failure to have
sufficient funds or credit with | ||||||
19 | the depository when the check
or other order is issued or | ||||||
20 | delivered, or when such check
or other order is presented | ||||||
21 | for payment and dishonored on
each of 2 occasions at least | ||||||
22 | 7 days apart, is prima facie
evidence that the offender | ||||||
23 | knows that it will not be paid
by the depository, and that | ||||||
24 | he or
she has the intent to defraud. In this paragraph (d),
| ||||||
25 | "property" includes rental
property (real or personal).
| ||||||
26 | (e)
He or she issues or delivers a check or
other order | ||||||
27 | upon a real or fictitious
depository in an amount exceeding | ||||||
28 | $150 in payment of an amount
owed on any credit transaction | ||||||
29 | for property, labor or
services, or in payment of the | ||||||
30 | entire amount owed on any
credit transaction for property, | ||||||
31 | labor or services, knowing
that it will not be paid by the | ||||||
32 | depository, and thereafter
fails to provide funds or credit | ||||||
33 | with the depository in the
face amount of the check or | ||||||
34 | order within
7
seven days of receiving actual
notice from | ||||||
35 | the depository or payee of the
dishonor of the check or | ||||||
36 | order.
|
| |||||||
| |||||||
1 | Sentence. | ||||||
2 | A person
convicted of a deceptive practice under
paragraph | ||||||
3 | paragraphs
(a) , (b), (c), (d), or
through (e) of this
| ||||||
4 | subsection (B), except as otherwise provided by this
Section, | ||||||
5 | is guilty of a Class A misdemeanor.
| ||||||
6 | A person
convicted of a deceptive practice in violation of | ||||||
7 | paragraph (d) a second or subsequent time shall be
guilty of a | ||||||
8 | Class 4 felony. | ||||||
9 | A person
convicted of deceptive practices in violation of | ||||||
10 | paragraph (d), when the value of the property so
obtained, in a | ||||||
11 | single transaction, or in separate transactions within
a 90 day | ||||||
12 | period, exceeds $150, shall be guilty of a Class 4
felony. In | ||||||
13 | the case of a prosecution for separate transactions
totaling | ||||||
14 | more than $150 within a 90 day period, such separate
| ||||||
15 | transactions shall be alleged in a single charge and
provided | ||||||
16 | in a single prosecution.
| ||||||
17 | (C) Deception on a Bank or Other Financial
Institution . | ||||||
18 | (1)
False Statements . | ||||||
19 | 1)
Any person who, with the intent to defraud, makes or | ||||||
20 | causes to be
made , any false statement in
writing in order to | ||||||
21 | obtain an account with a bank or other financial
institution, | ||||||
22 | or to obtain credit from a bank or other financial
institution, | ||||||
23 | knowing such writing to be false, and with the intent
that it | ||||||
24 | be relied upon, is guilty of a Class A
misdemeanor. | ||||||
25 | For purposes of
this subsection (C), a false statement | ||||||
26 | shall mean any false statement representing identity,
address, | ||||||
27 | or employment, or the identity, address or employment
of any | ||||||
28 | person, firm or corporation.
| ||||||
29 | (2)
Possession of Stolen or Fraudulently Obtained
Checks . | ||||||
30 | 2)
Any person who possesses, with the intent to obtain | ||||||
31 | access to funds of another person held in a real or
fictitious | ||||||
32 | deposit account at a financial institution, makes a
false | ||||||
33 | statement or a misrepresentation to the financial
institution, | ||||||
34 | or possesses, transfers, negotiates, or presents for
payment a | ||||||
35 | check, draft, or other item purported to direct the
financial |
| |||||||
| |||||||
1 | institution to withdraw or pay funds out of the
account | ||||||
2 | holder's deposit account with knowledge that such
possession, | ||||||
3 | transfer, negotiation, or presentment is not
authorized by the | ||||||
4 | account holder or the issuing financial institution is
guilty | ||||||
5 | of a Class A misdemeanor. A person shall be deemed to
have been | ||||||
6 | authorized to possess, transfer, negotiate, or present
for | ||||||
7 | payment such item if the person was otherwise entitled
by law | ||||||
8 | to withdraw or recover funds from the account in
question and | ||||||
9 | followed the requisite procedures under the law. In
the event | ||||||
10 | that the account holder, upon discovery of the
withdrawal or | ||||||
11 | payment, claims that the withdrawal or payment was not
| ||||||
12 | authorized, the financial institution may require the
account | ||||||
13 | holder to submit an affidavit to that effect on a form
| ||||||
14 | satisfactory to the financial institution before the
financial | ||||||
15 | institution may be required to credit the account in
an amount | ||||||
16 | equal to the amount or amounts that were withdrawn or
paid | ||||||
17 | without authorization. | ||||||
18 | Any person who,
within any 12 month period, violates this | ||||||
19 | Section with respect to 3 or more checks or orders for
the | ||||||
20 | payment of money at the same time or consecutively,
each the | ||||||
21 | property of a different account holder or financial
| ||||||
22 | institution, is guilty of a Class 4
felony. | ||||||
23 | ( 3)
Possession of Implements of Check Fraud. | ||||||
24 | Any person who
possesses, with the intent to
defraud , and | ||||||
25 | without the authority of the account holder or
financial | ||||||
26 | institution , any
check imprinter, signature imprinter, or | ||||||
27 | "certified" stamp is guilty of a Class A
misdemeanor. | ||||||
28 | A person who
within any 12 month period violates this | ||||||
29 | subsection (C) as to possession of 3 or more such
devices at | ||||||
30 | the same time or consecutively, is guilty of a Class 4
felony. | ||||||
31 | (4)
Possession of Identification Card .
| ||||||
32 | 4)
Any person ,
who , with the intent to defraud,
possesses | ||||||
33 | any check guarantee card or key card or identification
card for | ||||||
34 | cash dispensing machines without the authority of the
account | ||||||
35 | holder or financial
institution , is guilty of a
Class A | ||||||
36 | misdemeanor. |
| |||||||
| |||||||
1 | A person who,
within any 12 month period, violates this | ||||||
2 | Section at the same time or consecutively with respect
to 3 or | ||||||
3 | more cards, each the property of different account
holders, is | ||||||
4 | guilty of a Class 4 felony. | ||||||
5 | A person
convicted under this Section, when the value of | ||||||
6 | property so obtained, in a single transaction, or in
separate | ||||||
7 | transactions within any 90 day period, exceeds $150
shall be | ||||||
8 | guilty of a Class 4 felony. | ||||||
9 | (Source: P.A. 92-633, eff. 1-1-03; 92-646, eff.
1-1-03; revised | ||||||
10 | 10-3-02.)
| ||||||
11 | (720 ILCS
5/24-2) (from Ch. 38, par.
24-2)
| ||||||
12 | Sec. 24-2.
Exemptions.
| ||||||
13 | (a) Subsections
24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | ||||||
14 | Section 24-1.6 do not apply to or affect any of the
following:
| ||||||
15 | (1)
Peace officers, and any person summoned by a peace | ||||||
16 | officer to assist in making
arrests or preserving the | ||||||
17 | peace, while actually engaged
in assisting such officer.
| ||||||
18 | (2)
Wardens, superintendents and keepers of prisons, | ||||||
19 | penitentiaries, jails and
other institutions for the | ||||||
20 | detention of persons accused
or convicted of an offense, | ||||||
21 | while in the performance of
their official duty, or while | ||||||
22 | commuting between their homes
and places of employment.
| ||||||
23 | (3)
Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States or the
Illinois National Guard or the | ||||||
25 | Reserve Officers Training
Corps, while in the performance | ||||||
26 | of their official
duty.
| ||||||
27 | (4)
Special agents employed by a railroad or a public | ||||||
28 | utility to perform police
functions, and guards of armored | ||||||
29 | car companies, while actually
engaged in the performance of | ||||||
30 | the duties of their employment
or commuting between their | ||||||
31 | homes and places of
employment; and watchmen while actually | ||||||
32 | engaged in the performance of
the duties of their | ||||||
33 | employment.
| ||||||
34 | (5)
Persons licensed as private security contractors, | ||||||
35 | private detectives, or private
alarm contractors, or |
| |||||||
| |||||||
1 | employed by an agency
certified by the Department of | ||||||
2 | Professional Regulation, if
their duties include the | ||||||
3 | carrying of a weapon under the
provisions of the Private | ||||||
4 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
5 | Act of 2004, while actually
engaged in the performance of | ||||||
6 | the duties of their employment
or commuting between their | ||||||
7 | homes and places of
employment, provided that such | ||||||
8 | commuting is accomplished
within one hour from departure | ||||||
9 | from home or place of
employment, as the case may be. | ||||||
10 | Persons exempted under this
subdivision (a)(5) shall be | ||||||
11 | required to have completed a
course of study in firearms | ||||||
12 | handling and training approved
and supervised by the | ||||||
13 | Department of Professional
Regulation as prescribed by | ||||||
14 | Section 28 of the Private
Detective, Private Alarm, Private | ||||||
15 | Security, and Locksmith Act of
2004, prior to becoming | ||||||
16 | eligible for this exemption.
The Department of | ||||||
17 | Professional Regulation shall
provide suitable | ||||||
18 | documentation demonstrating
the successful completion of | ||||||
19 | the prescribed firearms
training. Such documentation shall | ||||||
20 | be carried at all times when
such persons are in possession | ||||||
21 | of a concealable
weapon.
| ||||||
22 | (6)
Any person regularly employed in a commercial or | ||||||
23 | industrial operation as a
security guard for the protection | ||||||
24 | of persons employed and
private property related to such | ||||||
25 | commercial or industrial
operation, while actually engaged | ||||||
26 | in the performance of his or
her duty or traveling between | ||||||
27 | sites or properties belonging
to the employer, and who, as | ||||||
28 | a security guard, is a member
of a security force of at | ||||||
29 | least 5 persons registered
with the Department of | ||||||
30 | Professional Regulation;
provided that such security guard | ||||||
31 | has successfully completed a
course of study, approved by | ||||||
32 | and supervised by the
Department of Professional | ||||||
33 | Regulation, consisting of not
less than 40 hours of | ||||||
34 | training that includes the
theory of law enforcement, | ||||||
35 | liability for acts, and the
handling of weapons. A person | ||||||
36 | shall be considered eligible
for this exemption if he or |
| |||||||
| |||||||
1 | she has completed the required
20 hours of training for a | ||||||
2 | security officer and 20 hours
of required firearm training, | ||||||
3 | and has been issued a firearm
authorization card by the | ||||||
4 | Department of Professional
Regulation. Conditions for the | ||||||
5 | renewal of firearm
authorization cards issued under the | ||||||
6 | provisions of this Section
shall be the same as for those | ||||||
7 | cards issued under the
provisions of the Private Detective, | ||||||
8 | Private Alarm, Private
Security, and Locksmith Act of 2004. | ||||||
9 | Such firearm authorization
card shall be carried by the | ||||||
10 | security guard at all times
when he or she is in possession | ||||||
11 | of a concealable
weapon.
| ||||||
12 | (7)
Agents and investigators of the Illinois | ||||||
13 | Legislative Investigating
Commission authorized by the | ||||||
14 | Commission to carry the
weapons specified in subsections | ||||||
15 | 24-1(a)(3) and 24-1(a)(4),
while on duty in the course of | ||||||
16 | any investigation for the
Commission.
| ||||||
17 | (8)
Persons employed by a financial institution for the | ||||||
18 | protection of other employees
and property related to such | ||||||
19 | financial institution, while
actually engaged in the | ||||||
20 | performance of their duties,
commuting between their homes | ||||||
21 | and places of employment, or
traveling between sites or | ||||||
22 | properties owned or operated
by such financial | ||||||
23 | institution, provided that any
person so employed has | ||||||
24 | successfully completed a
course of study, approved by and | ||||||
25 | supervised by the Department
of Professional Regulation, | ||||||
26 | consisting of not less than 40
hours of training which | ||||||
27 | includes theory of law
enforcement, liability for acts, and | ||||||
28 | the handling of weapons. A
person shall be considered to be | ||||||
29 | eligible for this exemption if
he or she has completed the | ||||||
30 | required 20 hours of training
for a security officer and 20 | ||||||
31 | hours of required firearm
training, and has been issued a | ||||||
32 | firearm authorization card by
the Department of | ||||||
33 | Professional Regulation.
Conditions for renewal of firearm | ||||||
34 | authorization cards issued
under the provisions of this | ||||||
35 | Section shall be the same as
for those issued under the | ||||||
36 | provisions of the Private
Detective, Private Alarm, |
| |||||||
| |||||||
1 | Private Security, and
Locksmith Act of 2004. Such firearm | ||||||
2 | authorization card shall be
carried by the person so | ||||||
3 | trained at all times when such
person is in possession of a | ||||||
4 | concealable weapon. For
purposes of this subsection, | ||||||
5 | "financial institution" means
a bank, savings and loan | ||||||
6 | association, credit union or
company providing armored car | ||||||
7 | services.
| ||||||
8 | (9)
Any person employed by an armored car company to | ||||||
9 | drive an armored car, while
actually engaged in the | ||||||
10 | performance of his
duties.
| ||||||
11 | (10)
Persons who have been classified as peace officers | ||||||
12 | pursuant to the Peace Officer
Fire Investigation Act.
| ||||||
13 | (11)
Investigators of the Office of the State's | ||||||
14 | Attorneys Appellate Prosecutor
authorized by the board of | ||||||
15 | governors of the Office of the
State's Attorneys Appellate | ||||||
16 | Prosecutor to carry weapons
pursuant to Section 7.06 of the | ||||||
17 | State's Attorneys Appellate
Prosecutor's Act.
| ||||||
18 | (12)
Special investigators appointed by a State's | ||||||
19 | Attorney under Section 3-9005
of the Counties Code.
| ||||||
20 | (12.5)
Probation officers while in the performance of | ||||||
21 | their duties, or while
commuting between their homes, | ||||||
22 | places of employment or
specific locations that are part of | ||||||
23 | their assigned duties, with
the consent of the chief judge | ||||||
24 | of the circuit for which they
are employed.
| ||||||
25 | (13)
Court Security Officers while in the performance | ||||||
26 | of their official duties, or
while commuting between their | ||||||
27 | homes and places of
employment, with the consent of the | ||||||
28 | Sheriff.
| ||||||
29 | (13.5)
A person employed as an armed security guard at | ||||||
30 | a nuclear energy, storage,
weapons or development site or | ||||||
31 | facility regulated by the
Nuclear Regulatory Commission | ||||||
32 | who has completed the
background screening and training | ||||||
33 | mandated by the rules and
regulations of the Nuclear | ||||||
34 | Regulatory
Commission.
| ||||||
35 | (14)
Manufacture, transportation, or sale of weapons | ||||||
36 | to persons authorized under
subdivisions (1) through |
| |||||||
| |||||||
1 | (13.5) of this subsection to
possess those weapons. | ||||||
2 | (b) Subsections
24-1(a)(4) and 24-1(a)(10) and Section | ||||||
3 | 24-1.6 do not apply to or affect any of the
following:
| ||||||
4 | (1)
Members of any club or organization organized for | ||||||
5 | the purpose of practicing
shooting at targets upon | ||||||
6 | established target ranges,
whether public or private, and | ||||||
7 | patrons of such ranges, while
such members or patrons are | ||||||
8 | using their firearms on those
target ranges.
| ||||||
9 | (2)
Duly authorized military or civil organizations | ||||||
10 | while parading, with the
special permission of the | ||||||
11 | Governor.
| ||||||
12 | (3)
Hunters, trappers or fishermen with a license or | ||||||
13 | permit while engaged in
hunting, trapping or fishing.
| ||||||
14 | (4)
Transportation of weapons that are broken down in a | ||||||
15 | non-functioning state or are
not immediately accessible. | ||||||
16 | (c) Subsection
24-1(a)(7) does not apply to or affect any | ||||||
17 | of the following:
| ||||||
18 | (1)
Peace officers while in performance of their | ||||||
19 | official duties.
| ||||||
20 | (2)
Wardens, superintendents and keepers of prisons, | ||||||
21 | penitentiaries, jails and
other institutions for the | ||||||
22 | detention of persons accused
or convicted of an offense.
| ||||||
23 | (3)
Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States or the
Illinois National Guard, while in | ||||||
25 | the performance of their
official duty.
| ||||||
26 | (4)
Manufacture, transportation, or sale of machine | ||||||
27 | guns to persons authorized
under subdivisions (1) through | ||||||
28 | (3) of this subsection to
possess machine guns, if the | ||||||
29 | machine guns are broken down
in a non-functioning state or | ||||||
30 | are not immediately
accessible.
| ||||||
31 | (5)
Persons licensed under federal law to manufacture | ||||||
32 | any weapon from which 8 or
more shots or bullets can be | ||||||
33 | discharged by a single
function of the firing device, or | ||||||
34 | ammunition for such weapons,
and actually engaged in the | ||||||
35 | business of manufacturing such
weapons or ammunition, but | ||||||
36 | only with respect to
activities which are within the lawful |
| |||||||
| |||||||
1 | scope of such business, such
as the manufacture, | ||||||
2 | transportation, or testing of
such weapons or ammunition. | ||||||
3 | This exemption does not
authorize the general private | ||||||
4 | possession of any weapon from
which 8 or more shots or | ||||||
5 | bullets can be discharged by a
single function of the | ||||||
6 | firing device, but only such
possession and activities as | ||||||
7 | are within the lawful scope of
a licensed manufacturing | ||||||
8 | business described in this
paragraph.
| ||||||
9 | During
transportation, such weapons shall be broken | ||||||
10 | down in a non-functioning
state or not immediately | ||||||
11 | accessible.
| ||||||
12 | (6)
The manufacture, transport, testing, delivery, | ||||||
13 | transfer or sale, and all
lawful commercial or experimental | ||||||
14 | activities necessary thereto,
of rifles, shotguns, and | ||||||
15 | weapons made from rifles or
shotguns, or ammunition for | ||||||
16 | such rifles, shotguns or
weapons, where engaged in by a | ||||||
17 | person operating as a
contractor or subcontractor pursuant | ||||||
18 | to a contract or subcontract
for the development and supply | ||||||
19 | of such rifles, shotguns,
weapons or ammunition to the | ||||||
20 | United States government or
any branch of the Armed Forces | ||||||
21 | of the United States, when
such activities are necessary | ||||||
22 | and incident to fulfilling the
terms of such contract.
| ||||||
23 | The
exemption granted under this subdivision (c)(6) | ||||||
24 | shall also apply to any
authorized agent of any such | ||||||
25 | contractor or subcontractor
who is operating within the | ||||||
26 | scope of his employment, where
such activities involving | ||||||
27 | such weapon, weapons or
ammunition are necessary and | ||||||
28 | incident to fulfilling the
terms of such contract.
| ||||||
29 | During
transportation, any such weapon shall be broken | ||||||
30 | down in a non-functioning
state, or not immediately | ||||||
31 | accessible.
| ||||||
32 | (d) Subsection
24-1(a)(1) does not apply to the purchase, | ||||||
33 | possession or carrying of a black-jack or slung-shot
by a peace | ||||||
34 | officer. | ||||||
35 | (e) Subsection
24-1(a)(8) does not apply to any owner, | ||||||
36 | manager or authorized employee of any place specified
in that |
| |||||||
| |||||||
1 | subsection nor to any law enforcement
officer. | ||||||
2 | (f) Subsection
24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
3 | Section 24-1.6 do not apply to members of any club or
| ||||||
4 | organization organized for the purpose of practicing
shooting | ||||||
5 | at targets upon established target ranges, whether
public or | ||||||
6 | private, while using their firearms on those target
ranges. | ||||||
7 | (g) Subsections
24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
8 | to:
| ||||||
9 | (1)
Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States or the
Illinois National Guard, while in | ||||||
11 | the performance of their
official duty.
| ||||||
12 | (2)
Bonafide collectors of antique or surplus military | ||||||
13 | ordinance.
| ||||||
14 | (3)
Laboratories having a department of forensic | ||||||
15 | ballistics, or specializing in
the development of | ||||||
16 | ammunition or explosive
ordinance.
| ||||||
17 | (4)
Commerce, preparation, assembly or possession of | ||||||
18 | explosive bullets by
manufacturers of ammunition licensed | ||||||
19 | by the federal government, in
connection with the supply of | ||||||
20 | those organizations and
persons exempted by subdivision | ||||||
21 | (g)(1) of this Section, or
like organizations and persons | ||||||
22 | outside this State, or the
transportation of explosive | ||||||
23 | bullets to any organization or
person exempted in this | ||||||
24 | Section by a common carrier or
by a vehicle owned or leased | ||||||
25 | by an exempted
manufacturer. | ||||||
26 | (g-5) Subsection
24-1(a)(6) does not apply to or affect | ||||||
27 | persons licensed under federal law to manufacture any
device or | ||||||
28 | attachment of any kind designed, used, or intended for
use in | ||||||
29 | silencing the report of any firearm, firearms, or
ammunition | ||||||
30 | for those firearms equipped with those devices, and
actually | ||||||
31 | engaged in the business of manufacturing those
devices, | ||||||
32 | firearms, or ammunition, but only with respect to
activities | ||||||
33 | that are within the lawful scope of that business,
such as the | ||||||
34 | manufacture, transportation, or testing of those
devices, | ||||||
35 | firearms, or ammunition. This exemption does not
authorize the | ||||||
36 | general private possession of any device or attachment
of any |
| |||||||
| |||||||
1 | kind designed, used, or intended for use in silencing
the | ||||||
2 | report of any firearm, but only such possession and
activities | ||||||
3 | as are within the lawful scope of a licensed
manufacturing | ||||||
4 | business described in this subsection (g-5). During
| ||||||
5 | transportation, those devices shall be detached from
any weapon | ||||||
6 | or not immediately accessible.
| ||||||
7 | (h) An
information or indictment based upon a violation of | ||||||
8 | any subsection of this Article need not negative any
exemptions | ||||||
9 | contained in this Article. The defendant shall have
the burden | ||||||
10 | of proving such an exemption.
| ||||||
11 | (i) Nothing in
this Article shall prohibit, apply to, or | ||||||
12 | affect the transportation, carrying, or possession, of
any | ||||||
13 | pistol or revolver, stun gun, taser, or other firearm
consigned | ||||||
14 | to a common carrier operating under license of the
State of | ||||||
15 | Illinois or the federal government, where such
transportation, | ||||||
16 | carrying, or possession is incident to the lawful
| ||||||
17 | transportation in which such common carrier is
engaged; and | ||||||
18 | nothing in this Article shall prohibit, apply to, or
affect the | ||||||
19 | transportation, carrying, or possession of any pistol,
| ||||||
20 | revolver, stun gun, taser, or other firearm, not the
subject of | ||||||
21 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
22 | this Article, which is unloaded and enclosed in a
case, firearm | ||||||
23 | carrying box, shipping box, or other container, by the
| ||||||
24 | possessor of a valid Firearm Owners Identification
Card. | ||||||
25 | (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff.
8-5-03; 93-439, | ||||||
26 | eff. 8-5-03; 93-576, eff. 1-1-04; revised
9-15-03.) | ||||||
27 | Section 475.
The Code of Criminal Procedure of 1963 is | ||||||
28 | amended by changing Sections 108B-5, 108B-11, 112A-28,
and | ||||||
29 | 122-1 as follows:
| ||||||
30 | (725 ILCS
5/108B-5) (from Ch. 38, par.
108B-5)
| ||||||
31 | Sec. 108B-5.
Requirements for order of interception.
| ||||||
32 | (a)
Upon consideration of an application, the chief judge | ||||||
33 | may enter an ex parte order, as requested or as
modified, | ||||||
34 | authorizing the interception of a private
communication, if the |
| |||||||
| |||||||
1 | chief judge determines on the basis of the application
| ||||||
2 | submitted by the applicant, that:
| ||||||
3 | (1)
There is probable cause for belief that
(A)
(a) the | ||||||
4 | person whose private
communication is to be intercepted is | ||||||
5 | committing, has committed, or
is about to commit an offense | ||||||
6 | enumerated in Section 108B-3,
or (B)
(b) the facilities
| ||||||
7 | from which, or the place
where, the private communication | ||||||
8 | is to be intercepted, is, has
been, or is about to be used | ||||||
9 | in connection with the
commission of the offense, or is | ||||||
10 | leased to, listed in the name
of, or commonly used by, the | ||||||
11 | person; and
| ||||||
12 | (2)
There is probable cause for belief that a | ||||||
13 | particular private
communication concerning such offense | ||||||
14 | may be obtained through the
interception; and
| ||||||
15 | (3)
Normal investigative procedures with respect to | ||||||
16 | the offense have been tried
and have failed or reasonably | ||||||
17 | appear to be unlikely to
succeed if tried or too dangerous | ||||||
18 | to employ; and
| ||||||
19 | (4)
The electronic criminal surveillance officers to | ||||||
20 | be authorized to supervise the
interception of the private | ||||||
21 | communication have been
certified by the Department. | ||||||
22 | (b) In the case
of an application, other than for an | ||||||
23 | extension, for an order to intercept a communication
of a | ||||||
24 | person or on a wire communication facility that was
the subject | ||||||
25 | of a previous order authorizing interception, the
application | ||||||
26 | shall be based upon new evidence or information
different from | ||||||
27 | and in addition to the evidence or information offered
to | ||||||
28 | support the prior order, regardless of whether the
evidence was | ||||||
29 | derived from prior interceptions or from other
sources. | ||||||
30 | (c) The chief
judge may authorize interception of a private | ||||||
31 | communication anywhere in the judicial circuit. If the
court | ||||||
32 | authorizes the use of an eavesdropping device with
respect to a | ||||||
33 | vehicle, watercraft, or aircraft that is within the
judicial | ||||||
34 | circuit at the time the order is issued, the order may
provide | ||||||
35 | that the interception may continue anywhere within the
State if | ||||||
36 | the vehicle, watercraft, or aircraft leaves the
judicial |
| |||||||
| |||||||
1 | circuit. | ||||||
2 | (Source: P.A. 92-854, eff. 12-5-02; revised
1-20-03.)
| ||||||
3 | (725 ILCS
5/108B-11) (from Ch. 38, par.
108B-11)
| ||||||
4 | Sec. 108B-11.
Inventory.
| ||||||
5 | (a) Within a
reasonable period of time but not later than | ||||||
6 | 90 days after the termination of the period of the
order, or | ||||||
7 | its extensions, or the date of the denial of an
application | ||||||
8 | made under Section 108B-8, the chief judge issuing or
denying | ||||||
9 | the order or extension shall cause an inventory to be
served on | ||||||
10 | any person:
| ||||||
11 | (1)
named in the order;
| ||||||
12 | (2)
arrested as a result of the interception of his | ||||||
13 | private
communication;
| ||||||
14 | (3)
indicted or otherwise charged as a result of the | ||||||
15 | interception of his private
communication;
| ||||||
16 | (4)
Any person whose private
communication was | ||||||
17 | intercepted and who the judge
issuing or denying the order | ||||||
18 | or application may in his
discretion determine should be | ||||||
19 | informed in the interest of
justice. | ||||||
20 | (b) The inventory
under this Section shall include:
| ||||||
21 | (1)
notice of the entry of the order or the application | ||||||
22 | for an order denied under
Section 108B-8;
| ||||||
23 | (2)
the date of the entry of the order or the denial of | ||||||
24 | an order applied for under
Section 108B-8;
| ||||||
25 | (3)
the period of authorized or disapproved | ||||||
26 | interception; and
| ||||||
27 | (4)
the fact that during the period a private | ||||||
28 | communication was or was not
intercepted. | ||||||
29 | (c) A court of
competent jurisdiction, upon filing of a | ||||||
30 | motion, may in its discretion make available to those
persons | ||||||
31 | or their attorneys for inspection those portions of
the | ||||||
32 | intercepted communications, applications and orders as
the | ||||||
33 | court determines to be in the interest of
justice. | ||||||
34 | (d) On an ex
parte showing of good cause to a court of |
| |||||||
| |||||||
1 | competent jurisdiction, the serving of the inventories
| ||||||
2 | required by this Section may be postponed for a period
not to | ||||||
3 | exceed 12 months. | ||||||
4 | (Source: P.A. 92-854, eff. 12-5-02; revised
1-20-03.)
| ||||||
5 | (725 ILCS
5/112A-28) (from Ch. 38, par.
112A-28)
| ||||||
6 | Sec. 112A-28.
Data maintenance by law enforcement | ||||||
7 | agencies.
| ||||||
8 | (a) All sheriffs
shall furnish to the Department of State | ||||||
9 | Police, daily, in the form and detail the Department
requires, | ||||||
10 | copies of any recorded orders of protection issued by
the | ||||||
11 | court, and any foreign orders of protection filed by
the clerk | ||||||
12 | of the court, and transmitted to the sheriff by the
clerk of | ||||||
13 | the court pursuant to subsection (b) of Section
112A-22 of this | ||||||
14 | Act. Each order of protection shall be entered in the
Law | ||||||
15 | Enforcement Agencies
Automated Data System on the
same day it | ||||||
16 | is issued by the court. If an emergency order of
protection was | ||||||
17 | issued in accordance with subsection (c) of Section
112A-17, | ||||||
18 | the order shall be entered in the Law Enforcement
Agencies | ||||||
19 | Automated Data System as
soon as possible after receipt from | ||||||
20 | the clerk. | ||||||
21 | (b) The
Department of State Police shall maintain a | ||||||
22 | complete and systematic record and index of all valid
and | ||||||
23 | recorded orders of protection issued or filed pursuant
to this | ||||||
24 | Act. The data shall be used to inform all dispatchers
and law | ||||||
25 | enforcement officers at the scene of an alleged
incident of | ||||||
26 | abuse or violation of an order of protection of any
recorded | ||||||
27 | prior incident of abuse involving the abused party and
the | ||||||
28 | effective dates and terms of any recorded order of
protection. | ||||||
29 | (c) The data,
records and transmittals required under this | ||||||
30 | Section shall pertain to any valid emergency, interim
or | ||||||
31 | plenary order of protection, whether issued in a civil
or | ||||||
32 | criminal proceeding or authorized under the laws of
another | ||||||
33 | state, tribe, or United States territory.
| ||||||
34 | (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff.
1-1-01; revised | ||||||
35 | 2-17-03.)
|
| |||||||
| |||||||
1 | (725 ILCS
5/122-1) (from Ch. 38, par.
122-1)
| ||||||
2 | Sec. 122-1.
Petition in the trial court.
| ||||||
3 | (a) Any person
imprisoned in the penitentiary may institute | ||||||
4 | a proceeding under this Article if the person asserts
that: | ||||||
5 | (1)
in the proceedings which resulted in his or her | ||||||
6 | conviction there was a
substantial denial of his or her | ||||||
7 | rights under the Constitution
of the United States or of | ||||||
8 | the State of Illinois or both;
or | ||||||
9 | (2)
the death penalty was imposed and there is newly | ||||||
10 | discovered evidence not
available to the person at the time | ||||||
11 | of the proceeding that
resulted in his or her conviction | ||||||
12 | that establishes a substantial
basis to believe that the | ||||||
13 | defendant is actually innocent
by clear and convincing | ||||||
14 | evidence. | ||||||
15 | (a-5) A
proceeding under paragraph (2) of subsection (a) | ||||||
16 | may be commenced within a reasonable period of time
after the | ||||||
17 | person's conviction notwithstanding any other
provisions of | ||||||
18 | this Article. In such a proceeding regarding actual
innocence, | ||||||
19 | if the court determines the petition is frivolous or
is | ||||||
20 | patently without merit, it shall dismiss the petition
in a | ||||||
21 | written order, specifying the findings of fact and
conclusions | ||||||
22 | of law it made in reaching its decision. Such order of
| ||||||
23 | dismissal is a final judgment and shall be served upon
the | ||||||
24 | petitioner by certified mail within 10 days of its
entry. | ||||||
25 | (b) The
proceeding shall be commenced by filing with the | ||||||
26 | clerk of the court in which the conviction took place
a | ||||||
27 | petition (together with a copy thereof) verified by
affidavit. | ||||||
28 | Petitioner shall also serve another copy upon the
State's | ||||||
29 | Attorney by any of the methods provided in Rule 7 of
the | ||||||
30 | Supreme Court. The clerk shall docket the petition for
| ||||||
31 | consideration by the court pursuant to Section 122-2.1
upon his | ||||||
32 | or her receipt thereof and bring the same promptly to
the | ||||||
33 | attention of the court. | ||||||
34 | (c) Except as
otherwise provided in subsection (a-5), if | ||||||
35 | the petitioner is under sentence of death, no
proceedings under |
| |||||||
| |||||||
1 | this Article shall be commenced more than 6 months
after the | ||||||
2 | denial of a petition for certiorari to the United
States | ||||||
3 | Supreme Court on direct appeal, or more than 6 months
from the | ||||||
4 | date for filing such a petition if none is filed,
unless the | ||||||
5 | petitioner alleges facts showing that the delay was
not due to | ||||||
6 | his or her culpable negligence.
| ||||||
7 | When a defendant
has a sentence other than death, no | ||||||
8 | proceedings under this Article shall be commenced more
than 6 | ||||||
9 | months after the denial of the Petition for Leave to
Appeal to | ||||||
10 | the Illinois Supreme Court, or more than 6 months from
the date | ||||||
11 | for filing such a petition if none is filed, unless
the | ||||||
12 | petitioner alleges facts showing that the delay was
not due to | ||||||
13 | his or her culpable negligence. | ||||||
14 | This limitation
does not apply to a petition advancing a | ||||||
15 | claim of actual innocence. | ||||||
16 | (d) A person
seeking relief by filing a petition under this | ||||||
17 | Section must specify in the petition or its heading
that it is | ||||||
18 | filed under this Section. A trial court that has
received a | ||||||
19 | petition complaining of a conviction or sentence that
fails to | ||||||
20 | specify in the petition or its heading that it is
filed under | ||||||
21 | this Section need not evaluate the petition to
determine | ||||||
22 | whether it could otherwise have stated some grounds
for relief | ||||||
23 | under this Article. | ||||||
24 | (e) A proceeding
under this Article may not be commenced on | ||||||
25 | behalf of a defendant who has been sentenced to death
without | ||||||
26 | the written consent of the defendant, unless the
defendant, | ||||||
27 | because of a mental or physical condition, is
incapable of | ||||||
28 | asserting his or her own claim.
| ||||||
29 | (f) Only one
petition may be filed by a petitioner under | ||||||
30 | this Article without leave of the court. Leave of
court may be | ||||||
31 | granted only if a petitioner demonstrates cause for
his or her | ||||||
32 | failure to bring the claim in his or her initial
| ||||||
33 | post-conviction proceedings and prejudice results from
that | ||||||
34 | failure. For purposes of this subsection (f): (1) a
prisoner | ||||||
35 | shows cause by identifying an objective factor that
impeded his | ||||||
36 | or her ability to raise a specific claim during his or
her |
| |||||||
| |||||||
1 | initial post-conviction proceedings; and (2) a
prisoner shows | ||||||
2 | prejudice by demonstrating that the claim not raised
during his | ||||||
3 | or her initial post-conviction proceedings so infected
the | ||||||
4 | trial that the resulting conviction or sentence
violated due | ||||||
5 | process. | ||||||
6 | (Source: P.A. 93-493, eff. 1-1-04; 93-605, eff.
11-19-03; | ||||||
7 | revised 12-9-03.) | ||||||
8 | Section 480.
The Capital Crimes Litigation Act is amended | ||||||
9 | by changing Sections 15 and 19 as
follows:
| ||||||
10 | (725 ILCS
124/15)
| ||||||
11 | Sec. 15.
Capital Litigation Trust Fund.
| ||||||
12 | (a) The Capital
Litigation Trust Fund is created as a | ||||||
13 | special fund in the State Treasury. The Trust Fund
shall be | ||||||
14 | administered by the State Treasurer to provide moneys
for the | ||||||
15 | appropriations to be made, grants to be awarded, and
| ||||||
16 | compensation and expenses to be paid under this Act.
All | ||||||
17 | interest earned from the investment or deposit of
moneys | ||||||
18 | accumulated in the Trust Fund shall, under Section 4.1
of the | ||||||
19 | State Finance Act, be deposited into the Trust
Fund. | ||||||
20 | (b) Moneys
deposited into the Trust Fund shall not be | ||||||
21 | considered general revenue of the State of
Illinois. | ||||||
22 | (c) Moneys
deposited into the Trust Fund shall be used | ||||||
23 | exclusively for the purposes of providing funding for
the | ||||||
24 | prosecution and defense of capital cases as provided
in this | ||||||
25 | Act and shall not be appropriated, loaned, or in any
manner | ||||||
26 | transferred to the General Revenue Fund of the State
of | ||||||
27 | Illinois. | ||||||
28 | (d) Every fiscal
year the State Treasurer shall transfer | ||||||
29 | from the General Revenue Fund to the Capital
Litigation Trust | ||||||
30 | Fund an amount equal to the full amount of moneys
appropriated | ||||||
31 | by the General Assembly (both by original and
supplemental | ||||||
32 | appropriation), less any unexpended balance from the
previous | ||||||
33 | fiscal year, from the Capital Litigation Trust Fund
for the | ||||||
34 | specific purpose of making funding available for the
|
| |||||||
| |||||||
1 | prosecution and defense of capital cases. The Public
Defender | ||||||
2 | and State's Attorney in Cook County, the State
Appellate | ||||||
3 | Defender, the State's Attorneys Appellate Prosecutor,
and the | ||||||
4 | Attorney General shall make annual requests for
appropriations | ||||||
5 | from the Trust Fund.
| ||||||
6 | (1)
The Public Defender in Cook County shall request | ||||||
7 | appropriations to the State
Treasurer for expenses | ||||||
8 | incurred by the Public
Defender and for funding for private | ||||||
9 | appointed defense counsel in
Cook County.
| ||||||
10 | (2)
The State's Attorney in Cook County shall request | ||||||
11 | an appropriation to the State
Treasurer for expenses | ||||||
12 | incurred by the State's
Attorney.
| ||||||
13 | (3)
The State Appellate Defender shall request a direct | ||||||
14 | appropriation from the Trust
Fund for expenses incurred by | ||||||
15 | the State Appellate Defender
in providing assistance to | ||||||
16 | trial attorneys under item
(c)(5) of Section 10 of the | ||||||
17 | State Appellate Defender Act
and an appropriation to the | ||||||
18 | State Treasurer for payments
from the Trust Fund for the | ||||||
19 | defense of cases in counties
other than Cook County.
| ||||||
20 | (4)
The State's Attorneys Appellate Prosecutor shall | ||||||
21 | request a direct appropriation
from the Trust Fund to pay | ||||||
22 | expenses incurred by the
State's Attorneys Appellate | ||||||
23 | Prosecutor and an
appropriation to the State Treasurer for | ||||||
24 | payments from the Trust Fund
for expenses incurred by | ||||||
25 | State's Attorneys in counties
other than Cook County.
| ||||||
26 | (5)
The Attorney General shall request a direct | ||||||
27 | appropriation from the Trust
Fund to pay expenses incurred | ||||||
28 | by the Attorney General in
assisting the State's Attorneys | ||||||
29 | in counties other than Cook
County and to pay for expenses | ||||||
30 | incurred by the Attorney
General when the Attorney General | ||||||
31 | is ordered by the presiding
judge of the Criminal Division | ||||||
32 | of the Circuit Court of Cook
County to prosecute or | ||||||
33 | supervise the prosecution of
Cook County cases. | ||||||
34 | The Public
Defender and State's Attorney in Cook County, | ||||||
35 | the State Appellate Defender, the State's Attorneys
Appellate | ||||||
36 | Prosecutor, and the Attorney General may each request
|
| |||||||
| |||||||
1 | supplemental appropriations from the Trust Fund during
the | ||||||
2 | fiscal year. | ||||||
3 | (e) Moneys in the
Trust Fund shall be expended only as | ||||||
4 | follows:
| ||||||
5 | (1)
To pay the State Treasurer's costs to administer | ||||||
6 | the Trust Fund. The amount for
this purpose may not exceed | ||||||
7 | 5% in any one fiscal year of
the amount otherwise | ||||||
8 | appropriated from the Trust
Fund in the same fiscal year.
| ||||||
9 | (2)
To pay the capital litigation expenses of trial | ||||||
10 | defense including, but not
limited to, DNA testing, | ||||||
11 | including DNA testing under
Section 116-3 of the Code of | ||||||
12 | Criminal Procedure of 1963,
analysis, and expert | ||||||
13 | testimony, investigatory and
other assistance, expert, | ||||||
14 | forensic, and other witnesses,
and mitigation specialists, | ||||||
15 | and grants and aid provided to
public defenders or | ||||||
16 | assistance to attorneys who
have been appointed by the | ||||||
17 | court to represent defendants
who are charged with capital | ||||||
18 | crimes.
| ||||||
19 | (3)
To pay the compensation of trial attorneys, other | ||||||
20 | than public defenders, who
have been appointed by the court | ||||||
21 | to represent defendants who
are charged with capital | ||||||
22 | crimes.
| ||||||
23 | (4)
To provide State's Attorneys with funding for | ||||||
24 | capital litigation expenses
including, but not limited to, | ||||||
25 | investigatory and other
assistance and expert, forensic, | ||||||
26 | and other witnesses necessary
to prosecute capital cases. | ||||||
27 | State's Attorneys in any
county other than Cook County | ||||||
28 | seeking funding for capital
litigation expenses including, | ||||||
29 | but not limited to,
investigatory and other assistance and | ||||||
30 | expert, forensic, or other
witnesses under this Section may | ||||||
31 | request that the State's
Attorneys Appellate Prosecutor or | ||||||
32 | the Attorney General, as the
case may be, certify the | ||||||
33 | expenses as reasonable,
necessary, and appropriate for | ||||||
34 | payment from the Trust Fund,
on a form created by the State | ||||||
35 | Treasurer. Upon certification
of the expenses and delivery | ||||||
36 | of the certification to the
State Treasurer, the Treasurer |
| |||||||
| |||||||
1 | shall pay the expenses
directly from the Capital Litigation | ||||||
2 | Trust Fund if there are
sufficient moneys in the Trust Fund | ||||||
3 | to pay the
expenses.
| ||||||
4 | (5)
To provide financial support through the Attorney | ||||||
5 | General pursuant to the
Attorney General Act for the | ||||||
6 | several county State's
Attorneys outside of Cook County, | ||||||
7 | but shall not be used to
increase personnel for the | ||||||
8 | Attorney General's Office,
except when the Attorney | ||||||
9 | General is ordered by the
presiding judge of the Criminal | ||||||
10 | Division of the Circuit Court
of Cook County to prosecute | ||||||
11 | or supervise the prosecution
of Cook County cases.
| ||||||
12 | (6)
To provide financial support through the State's | ||||||
13 | Attorneys Appellate Prosecutor
pursuant to the State's | ||||||
14 | Attorneys Appellate
Prosecutor's Act for the several | ||||||
15 | county State's Attorneys
outside of Cook County, but shall | ||||||
16 | not be used to increase
personnel for the State's Attorneys | ||||||
17 | Appellate
Prosecutor.
| ||||||
18 | (7)
To provide financial support to the State Appellate | ||||||
19 | Defender pursuant to the State
Appellate Defender Act. | ||||||
20 | Moneys expended
from the Trust Fund shall be in addition to | ||||||
21 | county funding for Public Defenders and State's
Attorneys, and | ||||||
22 | shall not be used to supplant or reduce ordinary and
customary | ||||||
23 | county funding. | ||||||
24 | (f) Moneys in the
Trust Fund shall be appropriated to the | ||||||
25 | State Appellate Defender, the State's Attorneys
Appellate | ||||||
26 | Prosecutor, the Attorney General, and the State
Treasurer. The | ||||||
27 | State Appellate Defender shall receive an
appropriation from | ||||||
28 | the Trust Fund to enable it to provide assistance to
appointed | ||||||
29 | defense counsel throughout the State and to Public
Defenders in | ||||||
30 | counties other than Cook. The State's Attorneys
Appellate | ||||||
31 | Prosecutor and the Attorney General shall receive
| ||||||
32 | appropriations from the Trust Fund to enable them to
provide | ||||||
33 | assistance to State's Attorneys in counties other than
Cook | ||||||
34 | County and when the Attorney General is ordered by the
| ||||||
35 | presiding judge of the Criminal Division of the
Circuit Court | ||||||
36 | of Cook County to prosecute or supervise the
prosecution of |
| |||||||
| |||||||
1 | Cook County cases. Moneys shall be appropriated to the
State | ||||||
2 | Treasurer to enable the Treasurer (i) to make grants
to Cook | ||||||
3 | County, (ii) to pay the expenses of Public Defenders
and | ||||||
4 | State's Attorneys in counties other than Cook County,
(iii) to | ||||||
5 | pay the expenses and compensation of appointed defense
counsel | ||||||
6 | in counties other than Cook County, and (iv) to pay
the costs | ||||||
7 | of administering the Trust Fund. All expenditures and
grants | ||||||
8 | made from the Trust Fund shall be subject to audit by
the | ||||||
9 | Auditor General. | ||||||
10 | (g) For Cook
County, grants from the Trust Fund shall be | ||||||
11 | made and administered as follows:
| ||||||
12 | (1)
For each State fiscal year, the State's Attorney | ||||||
13 | and Public Defender must each
make a separate application | ||||||
14 | to the State Treasurer for
capital litigation grants.
| ||||||
15 | (2)
The State Treasurer shall establish rules and | ||||||
16 | procedures for grant
applications. The rules shall require | ||||||
17 | the Cook County Treasurer as
the grant recipient to report | ||||||
18 | on a periodic basis to the
State Treasurer how much of the | ||||||
19 | grant has been expended, how
much of the grant is | ||||||
20 | remaining, and the purposes
for which the grant has been | ||||||
21 | used. The rules may also
require the Cook County Treasurer | ||||||
22 | to certify on a periodic basis
that expenditures of the | ||||||
23 | funds have been made for
expenses that are reasonable, | ||||||
24 | necessary, and appropriate for
payment from the Trust Fund.
| ||||||
25 | (3)
The State Treasurer shall make the grants to the | ||||||
26 | Cook County Treasurer as soon
as possible after the | ||||||
27 | beginning of the State fiscal
year.
| ||||||
28 | (4)
The State's Attorney or Public Defender may apply | ||||||
29 | for supplemental grants during
the fiscal year.
| ||||||
30 | (5)
Grant moneys shall be paid to the Cook County | ||||||
31 | Treasurer in block grants and
held in separate accounts for | ||||||
32 | the State's Attorney, the
Public Defender, and court | ||||||
33 | appointed defense counsel
other than the Cook County Public | ||||||
34 | Defender, respectively, for
the designated fiscal year, | ||||||
35 | and are not subject to county
appropriation.
| ||||||
36 | (6)
Expenditure of grant moneys under this subsection
|
| |||||||
| |||||||
1 | (g) is subject to audit by the
Auditor General.
| ||||||
2 | (7)
The Cook County Treasurer shall immediately make | ||||||
3 | payment from the appropriate
separate account in the county | ||||||
4 | treasury for capital
litigation expenses to the State's | ||||||
5 | Attorney, Public Defender, or
court appointed defense | ||||||
6 | counsel other than the Public
Defender, as the case may be, | ||||||
7 | upon order of the State's
Attorney, Public Defender or the | ||||||
8 | court,
respectively. | ||||||
9 | (h) If a
defendant in a capital case in Cook County is | ||||||
10 | represented by court appointed counsel other than the
Cook | ||||||
11 | County Public Defender, the appointed counsel shall
petition | ||||||
12 | the court for an order directing the Cook County
Treasurer to | ||||||
13 | pay the court appointed counsel's reasonable and
necessary | ||||||
14 | compensation and capital litigation expenses from
grant moneys | ||||||
15 | provided from the Trust Fund. These petitions shall be
| ||||||
16 | considered in camera. Orders denying petitions for
| ||||||
17 | compensation or expenses are final. Counsel may not
petition | ||||||
18 | for expenses that may have been provided or
compensated by the | ||||||
19 | State Appellate Defender under item (c)(5) of Section
10 of the | ||||||
20 | State Appellate Defender Act.
| ||||||
21 | (i) In counties
other than Cook County, and when the | ||||||
22 | Attorney General is ordered by the presiding judge of
the | ||||||
23 | Criminal Division of the Circuit Court of Cook County
to | ||||||
24 | prosecute or supervise the prosecution of Cook County
cases, | ||||||
25 | and excluding capital litigation expenses or services
that may | ||||||
26 | have been provided by the State Appellate Defender
under item | ||||||
27 | (c)(5) of Section 10 of the State Appellate Defender
Act:
| ||||||
28 | (1)
Upon certification by the circuit court, on a form | ||||||
29 | created by the State
Treasurer, that all or a portion of | ||||||
30 | the expenses are reasonable,
necessary, and appropriate | ||||||
31 | for payment from the Trust
Fund and the court's delivery of | ||||||
32 | the certification to the
Treasurer, the Treasurer shall pay | ||||||
33 | the certified expenses of
Public Defenders from the money | ||||||
34 | appropriated to the Treasurer
for capital litigation | ||||||
35 | expenses of Public Defenders
in any county other than Cook | ||||||
36 | County, if there are
sufficient moneys in the Trust Fund to |
| |||||||
| |||||||
1 | pay the expenses.
| ||||||
2 | (2)
If a defendant in a capital case is represented by | ||||||
3 | court appointed counsel other
than the Public Defender, the | ||||||
4 | appointed counsel shall
petition the court to certify | ||||||
5 | compensation and capital
litigation expenses including, | ||||||
6 | but not limited to,
investigatory and other assistance, | ||||||
7 | expert, forensic, and other
witnesses, and mitigation | ||||||
8 | specialists as reasonable,
necessary, and appropriate for | ||||||
9 | payment from the Trust Fund.
Upon certification on a form | ||||||
10 | created by the State Treasurer
of all or a portion of the | ||||||
11 | compensation and expenses
certified as reasonable, | ||||||
12 | necessary, and appropriate for
payment from the Trust Fund | ||||||
13 | and the court's delivery of
the certification to the | ||||||
14 | Treasurer, the State Treasurer
shall pay the certified | ||||||
15 | compensation and expenses from
the money appropriated to | ||||||
16 | the Treasurer for that
purpose, if there are sufficient | ||||||
17 | moneys in the Trust Fund to
make those payments.
| ||||||
18 | (3)
A petition for capital litigation expenses under | ||||||
19 | this subsection shall be
considered in camera. Orders | ||||||
20 | denying petitions for
compensation or expenses are final. | ||||||
21 | (j) If the Trust
Fund is discontinued or dissolved by an | ||||||
22 | Act of the General Assembly or by operation of law,
any balance | ||||||
23 | remaining in the Trust Fund shall be returned to the
General | ||||||
24 | Revenue Fund after deduction of administrative costs,
any other | ||||||
25 | provision of this Act to the contrary
notwithstanding. | ||||||
26 | (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff.
11-19-03; | ||||||
27 | revised 12-9-03.) | ||||||
28 | (725 ILCS
124/19)
| ||||||
29 | Sec. 19.
Report ; repeal .
| ||||||
30 | (a) The Cook
County Public Defender, the Cook County | ||||||
31 | State's Attorney, the State Appellate Defender, the
State's | ||||||
32 | Attorneys Appellate Prosecutor, and the Attorney
General shall | ||||||
33 | each report separately to the General Assembly by
January 1, | ||||||
34 | 2004 detailing the amounts of money received by them
through | ||||||
35 | this Act, the uses for which those funds were
expended, the |
| |||||||
| |||||||
1 | balances then in the Capital Litigation Trust Fund or
county | ||||||
2 | accounts, as the case may be, dedicated to them for
the use and | ||||||
3 | support of Public Defenders, appointed trial defense
counsel, | ||||||
4 | and State's Attorneys, as the case may be. The report
shall | ||||||
5 | describe and discuss the need for continued funding
through the | ||||||
6 | Fund and contain any suggestions for changes to this
Act.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (Source: P.A. 93-605, eff. 11-19-03; revised
12-9-03.) | ||||||
9 | Section 485.
The Sexually Dangerous Persons Act is amended | ||||||
10 | by changing Section 9 as
follows:
| ||||||
11 | (725 ILCS
205/9) (from Ch. 38, par.
105-9)
| ||||||
12 | Sec. 9.
An application in writing setting forth facts | ||||||
13 | showing that such sexually dangerous person or
criminal sexual | ||||||
14 | psychopathic person has recovered may be filed before
the | ||||||
15 | committing court. Upon receipt thereof, the clerk of
the court | ||||||
16 | shall cause a copy of the application to be sent to
the | ||||||
17 | Director of the Department of Corrections. The
Director shall | ||||||
18 | then cause to be prepared and sent to the court a
| ||||||
19 | socio-psychiatric report concerning the applicant. The
report | ||||||
20 | shall be prepared by a social worker and psychologist
under the | ||||||
21 | supervision of a licensed psychiatrist assigned
to , the | ||||||
22 | institution wherein such applicant is confined. The
court shall | ||||||
23 | set a date for the hearing upon such application and
shall | ||||||
24 | consider the report so prepared under the direction of
the | ||||||
25 | Director of the Department of Corrections and any
other | ||||||
26 | relevant information submitted by or on behalf of such
| ||||||
27 | applicant. If the person is found to be no longer
dangerous, | ||||||
28 | the court shall order that he be discharged. If the
court finds | ||||||
29 | that the person appears no longer to be dangerous but
that it | ||||||
30 | is impossible to determine with certainty under
conditions of | ||||||
31 | institutional care that such person has fully
recovered, the | ||||||
32 | court shall enter an order permitting such person to
go at | ||||||
33 | large subject to such conditions and such supervision
by the | ||||||
34 | Director as in the opinion of the court will
adequately protect |
| |||||||
| |||||||
1 | the public. In the event the person violates any of
the | ||||||
2 | conditions of such order, the court shall revoke such
| ||||||
3 | conditional release and recommit the person pursuant
to Section | ||||||
4 | 5-6-4 of the Unified Code of Corrections under the
terms of the | ||||||
5 | original commitment. Upon an order of discharge every
| ||||||
6 | outstanding information and indictment, the basis of
which was | ||||||
7 | the reason for the present detention, shall be
quashed. | ||||||
8 | (Source: P.A. 92-786, eff. 8-6-02; revised
10-9-03.) | ||||||
9 | Section 490.
The Sexually Violent Persons Commitment Act is | ||||||
10 | amended by changing Section 25 as
follows: | ||||||
11 | (725 ILCS
207/25) | ||||||
12 | Sec. 25.
Rights of persons subject to petition.
| ||||||
13 | (a) Any person
who is the subject of a petition filed under | ||||||
14 | Section 15 of this Act shall be served with a copy of
the | ||||||
15 | petition in accordance with the Civil Practice Law.
| ||||||
16 | (b) The circuit
court in which a petition under Section 15 | ||||||
17 | of this Act is filed shall conduct all hearings under
this Act. | ||||||
18 | The court shall give the person who is the subject of
the | ||||||
19 | petition reasonable notice of the time and place of
each such | ||||||
20 | hearing. The court may designate additional persons to
receive | ||||||
21 | these notices.
| ||||||
22 | (c) Except as
provided in paragraph (b)(1) of Section 65 | ||||||
23 | and Section 70 of this Act, at any hearing conducted
under this | ||||||
24 | Act, the person who is the subject of the petition has
the | ||||||
25 | right to :
| ||||||
26 | (1)
To be present and to be represented by counsel. If | ||||||
27 | the person is indigent, the
court shall appoint counsel.
| ||||||
28 | (2)
To remain silent.
| ||||||
29 | (3)
To present and cross-examine witnesses.
| ||||||
30 | (4)
To have the hearing recorded by a court
reporter.
| ||||||
31 | (d) The person
who is the subject of the petition, the | ||||||
32 | person's attorney, the Attorney General or the State's
Attorney | ||||||
33 | may request that a trial under Section 35 of this Act
be to a | ||||||
34 | jury. A verdict of a jury under this Act is not valid
unless it |
| |||||||
| |||||||
1 | is unanimous.
| ||||||
2 | (e) Whenever the
person who is the subject of the petition | ||||||
3 | is required to submit to an examination under this
Act, he or | ||||||
4 | she may retain experts or professional persons to
perform an | ||||||
5 | examination. The respondent's chosen evaluator must be
| ||||||
6 | approved by the Sex Offender Management Board and the
| ||||||
7 | evaluation must be conducted in conformance with the
standards | ||||||
8 | developed under the Sex Offender Management Board Act.
If the | ||||||
9 | person retains a qualified expert or professional
person of his | ||||||
10 | or her own choice to conduct an examination, the
examiner shall | ||||||
11 | have reasonable access to the person for the purpose
of the | ||||||
12 | examination, as well as to the person's past and
present | ||||||
13 | treatment records and patient health care records. If
the | ||||||
14 | person is indigent, the court shall, upon the person's
request, | ||||||
15 | appoint a qualified and available expert or
professional person | ||||||
16 | to perform an examination. Upon the order of the
circuit court, | ||||||
17 | the county shall pay, as part of the costs of the
action, the | ||||||
18 | costs of a court-appointed expert or professional
person to | ||||||
19 | perform an examination and participate in the trial on
behalf | ||||||
20 | of an indigent person.
| ||||||
21 | (Source: P.A. 93-616, eff. 1-1-04; revised
1-10-04.) | ||||||
22 | Section 495.
The Unified Code of Corrections is amended by | ||||||
23 | changing Sections 5-2-4, 5-4-3, 5-5-3, and 5-8-1.3 and
setting | ||||||
24 | forth and renumbering multiple versions of Section
5-9-1.12 as | ||||||
25 | follows:
| ||||||
26 | (730 ILCS
5/5-2-4) (from Ch. 38, par.
1005-2-4)
| ||||||
27 | Sec. 5-2-4.
Proceedings after Acquittal by Reason of | ||||||
28 | Insanity.
| ||||||
29 | (a) After a
finding or verdict of not guilty by reason of | ||||||
30 | insanity under Sections 104-25, 115-3 or 115-4 of The
Code of | ||||||
31 | Criminal Procedure of 1963, the defendant shall be
ordered to | ||||||
32 | the Department of Human Services for an evaluation as
to | ||||||
33 | whether he is in need of mental health services. The
order | ||||||
34 | shall specify whether the evaluation shall be
conducted on an |
| |||||||
| |||||||
1 | inpatient or outpatient basis. If the evaluation is to
be | ||||||
2 | conducted on an inpatient basis, the defendant shall
be placed | ||||||
3 | in a secure setting unless the Court determines that
there are | ||||||
4 | compelling reasons why such placement is not
necessary. After | ||||||
5 | the evaluation and during the period of time required
to | ||||||
6 | determine the appropriate placement, the defendant
shall | ||||||
7 | remain in jail. Upon completion of the placement
process the | ||||||
8 | sheriff shall be notified and shall transport the
defendant to | ||||||
9 | the designated facility. | ||||||
10 | The Department
shall provide the Court with a report of its | ||||||
11 | evaluation within 30 days of the date of this order.
The Court | ||||||
12 | shall hold a hearing as provided under the Mental
Health and | ||||||
13 | Developmental Disabilities Code to determine if the
individual | ||||||
14 | is: (a) in need of mental health services on an
inpatient | ||||||
15 | basis; (b) in need of mental health services on an
outpatient | ||||||
16 | basis; (c) a person not in need of mental health
services. The | ||||||
17 | Court shall enter its findings.
| ||||||
18 | If the defendant
is found to be in need of mental health | ||||||
19 | services on an inpatient care basis, the Court shall
order the | ||||||
20 | defendant to the Department of Human Services. The
defendant | ||||||
21 | shall be placed in a secure setting unless the Court
determines | ||||||
22 | that there are compelling reasons why such placement
is not | ||||||
23 | necessary. Such defendants placed in a secure setting
shall not | ||||||
24 | be permitted outside the facility's housing unit
unless | ||||||
25 | escorted or accompanied by personnel of the Department
of Human | ||||||
26 | Services or with the prior approval of the Court for
| ||||||
27 | unsupervised on-grounds privileges as provided herein.
Any | ||||||
28 | defendant placed in a secure setting pursuant to this
Section, | ||||||
29 | transported to court hearings or other necessary
appointments | ||||||
30 | off facility grounds by personnel of the Department of
Human | ||||||
31 | Services, shall be placed in security devices or
otherwise | ||||||
32 | secured during the period of transportation to assure
secure | ||||||
33 | transport of the defendant and the safety of
Department of | ||||||
34 | Human Services personnel and others. These security
measures | ||||||
35 | shall not constitute restraint as defined in the
Mental Health | ||||||
36 | and Developmental Disabilities Code. If the defendant
is found |
| |||||||
| |||||||
1 | to be in need of mental health services, but not on an
| ||||||
2 | inpatient care basis, the Court shall conditionally
release the | ||||||
3 | defendant, under such conditions as set forth in this
Section | ||||||
4 | as will reasonably assure the defendant's satisfactory
| ||||||
5 | progress and participation in treatment or
rehabilitation and | ||||||
6 | the safety of the defendant and others. If the Court
finds the | ||||||
7 | person not in need of mental health services, then the
Court | ||||||
8 | shall order the defendant discharged from
custody. | ||||||
9 | (a-1)
(1)
Definitions .
: For the purposes of this
Section:
| ||||||
10 | (A)
(Blank).
| ||||||
11 | (B)
"In need of mental health services on an inpatient | ||||||
12 | basis" means: a defendant who
has been found not guilty by | ||||||
13 | reason of insanity but who due
to mental illness is | ||||||
14 | reasonably expected to inflict
serious physical harm upon | ||||||
15 | himself or another and who
would benefit from inpatient | ||||||
16 | care or is in need of
inpatient care.
| ||||||
17 | (C)
"In need of mental health services on an outpatient | ||||||
18 | basis" means: a defendant who
has been found not guilty by | ||||||
19 | reason of insanity who is not
in need of mental health | ||||||
20 | services on an inpatient
basis, but is in need of | ||||||
21 | outpatient care, drug and/or
alcohol rehabilitation | ||||||
22 | programs, community adjustment
programs, individual, | ||||||
23 | group, or family therapy, or
chemotherapy.
| ||||||
24 | (D)
"Conditional Release" means: the release from | ||||||
25 | either the custody of the
Department of Human Services or | ||||||
26 | the custody of the Court of a
person who has been found not | ||||||
27 | guilty by reason of insanity
under such conditions as the | ||||||
28 | Court may impose which
reasonably assure the defendant's | ||||||
29 | satisfactory progress in
treatment or habilitation and the | ||||||
30 | safety of the defendant and
others. The Court shall | ||||||
31 | consider such terms and
conditions which may include, but | ||||||
32 | need not be limited to,
outpatient care, alcoholic and drug | ||||||
33 | rehabilitation programs,
community adjustment programs, | ||||||
34 | individual, group, family, and
chemotherapy, random | ||||||
35 | testing to ensure the
defendant's timely and continuous | ||||||
36 | taking of any medicines
prescribed to control or manage his |
| |||||||
| |||||||
1 | or her conduct or mental
state, and periodic checks with | ||||||
2 | the legal authorities and/or
the Department of Human | ||||||
3 | Services. The Court may order
as a condition of conditional | ||||||
4 | release that the defendant not
contact the victim of the | ||||||
5 | offense that resulted in the
finding or verdict of not | ||||||
6 | guilty by reason of insanity
or any other person. The Court | ||||||
7 | may order the Department of
Human Services to provide care | ||||||
8 | to any person conditionally
released under this Section. | ||||||
9 | The Department may contract
with any public or private | ||||||
10 | agency in order to discharge
any responsibilities imposed | ||||||
11 | under this Section. The
Department shall monitor the | ||||||
12 | provision of services to
persons conditionally released | ||||||
13 | under this Section and provide
periodic reports to the | ||||||
14 | Court concerning the services
and the condition of the | ||||||
15 | defendant. Whenever a person
is conditionally released | ||||||
16 | pursuant to this Section, the
State's Attorney for the | ||||||
17 | county in which the hearing is
held shall designate in | ||||||
18 | writing the name, telephone
number, and address of a person | ||||||
19 | employed by him or her who
shall be notified in the event | ||||||
20 | that either the reporting
agency or the Department decides | ||||||
21 | that the conditional release
of the defendant should be | ||||||
22 | revoked or modified pursuant
to subsection (i) of this | ||||||
23 | Section. Such conditional
release shall be for a period of | ||||||
24 | five years. However, the
defendant, the person or facility | ||||||
25 | rendering the treatment,
therapy, program or outpatient | ||||||
26 | care, the Department, or the
State's Attorney may petition | ||||||
27 | the Court for an extension of
the conditional release | ||||||
28 | period for an additional 5
years. Upon receipt of such a | ||||||
29 | petition, the Court shall hold
a hearing consistent with | ||||||
30 | the provisions of this
paragraph (a) and paragraph (f) of | ||||||
31 | this Section, shall determine
whether the defendant should | ||||||
32 | continue to be subject to the
terms of conditional release, | ||||||
33 | and shall enter an order
either extending the defendant's | ||||||
34 | period of conditional release
for an additional 5 year | ||||||
35 | period or discharging the
defendant. Additional 5-year | ||||||
36 | periods of conditional release
may be ordered following a |
| |||||||
| |||||||
1 | hearing as provided in this
Section. However, in no event | ||||||
2 | shall the defendant's period
of conditional release | ||||||
3 | continue beyond the maximum
period of commitment ordered by | ||||||
4 | the Court pursuant to
paragraph (b) of this Section. These | ||||||
5 | provisions for extension of
conditional release shall only | ||||||
6 | apply to defendants
conditionally released on or after | ||||||
7 | August 8,
2003 the effective date of this
amendatory Act of | ||||||
8 | the 93rd General
Assembly . However the extension | ||||||
9 | provisions of Public Act
83-1449 apply only to defendants | ||||||
10 | charged with a forcible
felony.
| ||||||
11 | (E)
"Facility director" means the chief officer of a | ||||||
12 | mental health or developmental
disabilities facility or | ||||||
13 | his or her designee or the
supervisor of a program of | ||||||
14 | treatment or habilitation or
his or her designee. | ||||||
15 | "Designee" may include a
physician, clinical psychologist, | ||||||
16 | social worker, nurse, or
clinical professional counselor. | ||||||
17 | (b) If the Court
finds the defendant in need of mental | ||||||
18 | health services on an inpatient basis, the admission,
| ||||||
19 | detention, care, treatment or habilitation, treatment
plans, | ||||||
20 | review proceedings, including review of treatment and
| ||||||
21 | treatment plans, and discharge of the defendant after
such | ||||||
22 | order shall be under the Mental Health and
Developmental | ||||||
23 | Disabilities Code, except that the initial order for
admission | ||||||
24 | of a defendant acquitted of a felony by reason of
insanity | ||||||
25 | shall be for an indefinite period of time. Such period
of | ||||||
26 | commitment shall not exceed the maximum length of time
that the | ||||||
27 | defendant would have been required to serve, less
credit for | ||||||
28 | good behavior as provided in Section 5-4-1 of the
Unified Code | ||||||
29 | of Corrections, before becoming eligible for release
had he | ||||||
30 | been convicted of and received the maximum sentence
for the | ||||||
31 | most serious crime for which he has been acquitted by
reason of | ||||||
32 | insanity. The Court shall determine the maximum period
of | ||||||
33 | commitment by an appropriate order. During this period
of time, | ||||||
34 | the defendant shall not be permitted to be in the
community in | ||||||
35 | any manner, including but not limited to off-grounds
| ||||||
36 | privileges, with or without escort by personnel of the
|
| |||||||
| |||||||
1 | Department of Human Services, unsupervised on-grounds
| ||||||
2 | privileges, discharge or conditional or temporary
release, | ||||||
3 | except by a plan as provided in this Section. In no
event shall | ||||||
4 | a defendant's continued unauthorized absence be a
basis for | ||||||
5 | discharge. Not more than 30 days after admission and
every 60 | ||||||
6 | days thereafter so long as the initial order remains
in effect, | ||||||
7 | the facility director shall file a treatment plan
report in | ||||||
8 | writing with the court and forward a copy of the
treatment plan | ||||||
9 | report to the clerk of the court, the State's
Attorney, and the | ||||||
10 | defendant's attorney, if the defendant is represented
by | ||||||
11 | counsel, or to a person authorized by the defendant
under the | ||||||
12 | Mental Health and Developmental Disabilities
Confidentiality | ||||||
13 | Act to be sent a copy of the report. The report shall
include | ||||||
14 | an opinion as to whether the defendant is currently in
need of | ||||||
15 | mental health services on an inpatient basis or in
need of | ||||||
16 | mental health services on an outpatient basis. The
report shall | ||||||
17 | also summarize the basis for those findings and
provide a | ||||||
18 | current summary of the following items from the
treatment plan: | ||||||
19 | (1) an assessment of the defendant's treatment needs,
(2) a | ||||||
20 | description of the services recommended for treatment,
(3) the | ||||||
21 | goals of each type of element of service, (4) an
anticipated | ||||||
22 | timetable for the accomplishment of the goals, and (5)
a | ||||||
23 | designation of the qualified professional responsible
for the | ||||||
24 | implementation of the plan. The report may also
include | ||||||
25 | unsupervised on-grounds privileges, off-grounds
privileges | ||||||
26 | (with or without escort by personnel of the Department
of Human | ||||||
27 | Services), home visits and participation in work
programs, but | ||||||
28 | only where such privileges have been approved by
specific court | ||||||
29 | order, which order may include such conditions on the
defendant | ||||||
30 | as the Court may deem appropriate and necessary to
reasonably | ||||||
31 | assure the defendant's satisfactory progress in
treatment and | ||||||
32 | the safety of the defendant and others.
| ||||||
33 | (c) Every
defendant acquitted of a felony by reason of | ||||||
34 | insanity and subsequently found to be in need of
mental health | ||||||
35 | services shall be represented by counsel in all
proceedings | ||||||
36 | under this Section and under the Mental Health and
|
| |||||||
| |||||||
1 | Developmental Disabilities Code.
| ||||||
2 | (1)
The Court shall appoint as counsel the public | ||||||
3 | defender or an attorney
licensed by this State.
| ||||||
4 | (2)
Upon filing with the Court of a verified statement | ||||||
5 | of legal services rendered by
the private attorney | ||||||
6 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
7 | Court shall determine a
reasonable fee for such services. | ||||||
8 | If the defendant is unable to
pay the fee, the Court shall | ||||||
9 | enter an order upon the State
to pay the entire fee or such | ||||||
10 | amount as the defendant is
unable to pay from funds | ||||||
11 | appropriated by the General
Assembly for that purpose. | ||||||
12 | (d) When the
facility director determines that:
| ||||||
13 | (1)
the defendant is no longer in need of mental health | ||||||
14 | services on an inpatient
basis; and
| ||||||
15 | (2)
the defendant may be conditionally released | ||||||
16 | because he or she is still in
need of mental health | ||||||
17 | services or that the defendant
may be discharged as not in | ||||||
18 | need of any mental health
services; or
| ||||||
19 | (3)
the defendant no longer requires placement in a | ||||||
20 | secure setting;
| ||||||
21 | the facility director shall give written notice to the
Court, | ||||||
22 | State's Attorney and defense attorney. Such notice
shall set | ||||||
23 | forth in detail the basis for the recommendation of
the | ||||||
24 | facility director, and specify clearly the
recommendations, if | ||||||
25 | any, of the facility director, concerning conditional
release. | ||||||
26 | Any recommendation for conditional release shall
include an | ||||||
27 | evaluation of the defendant's need for psychotropic
| ||||||
28 | medication, what provisions should be made, if any, to
ensure | ||||||
29 | that the defendant will continue to receive
psychotropic | ||||||
30 | medication following discharge, and what provisions
should be | ||||||
31 | made to assure the safety of the defendant and others
in the | ||||||
32 | event the defendant is no longer receiving
psychotropic | ||||||
33 | medication. Within 30 days of the notification by the
facility | ||||||
34 | director, the Court shall set a hearing and make a
finding as | ||||||
35 | to whether the defendant is:
| ||||||
36 | (i)
(blank); or
|
| |||||||
| |||||||
1 | (ii)
in need of mental health services in the form of | ||||||
2 | inpatient care;
or
| ||||||
3 | (iii)
in need of mental health services but not subject | ||||||
4 | to inpatient care;
or
| ||||||
5 | (iv)
no longer in need of mental health services; or
| ||||||
6 | (v)
no longer requires placement in a secure setting.
| ||||||
7 | Upon finding by
the Court, the Court shall enter its | ||||||
8 | findings and such appropriate order as provided in
subsection | ||||||
9 | (a) of this Section. | ||||||
10 | (e) A defendant
admitted pursuant to this Section, or any | ||||||
11 | person on his behalf, may file a petition for
treatment plan | ||||||
12 | review, transfer to a non-secure setting within the
Department | ||||||
13 | of Human Services or discharge or conditional release
under the | ||||||
14 | standards of this Section in the Court which rendered
the | ||||||
15 | verdict. Upon receipt of a petition for treatment plan
review, | ||||||
16 | transfer to a non-secure setting or discharge or
conditional | ||||||
17 | release, the Court shall set a hearing to be held
within 120 | ||||||
18 | days. Thereafter, no new petition may be filed for 180
days | ||||||
19 | without leave of the Court. | ||||||
20 | (f) The Court
shall direct that notice of the time and | ||||||
21 | place of the hearing be served upon the defendant, the
facility | ||||||
22 | director, the State's Attorney, and the defendant's
attorney. | ||||||
23 | If requested by either the State or the defense or if
the Court | ||||||
24 | feels it is appropriate, an impartial examination of
the | ||||||
25 | defendant by a psychiatrist or clinical psychologist
as defined | ||||||
26 | in Section 1-103 of the Mental Health and
Developmental | ||||||
27 | Disabilities Code who is not in the employ of the
Department of | ||||||
28 | Human Services shall be ordered, and the report
considered at | ||||||
29 | the time of the hearing. | ||||||
30 | (g) The findings
of the Court shall be established by clear | ||||||
31 | and convincing evidence. The burden of proof and the
burden of | ||||||
32 | going forth with the evidence rest with the defendant
or any | ||||||
33 | person on the defendant's behalf when a hearing is
held to | ||||||
34 | review a petition filed by or on behalf of the
defendant. The | ||||||
35 | evidence shall be presented in open Court with the
right of | ||||||
36 | confrontation and cross-examination. Such evidence may
|
| |||||||
| |||||||
1 | include, but is not limited to:
| ||||||
2 | (1)
whether the defendant appreciates the harm caused | ||||||
3 | by the defendant to others and
the community by his or her | ||||||
4 | prior conduct that resulted in
the finding of not guilty by | ||||||
5 | reason of
insanity;
| ||||||
6 | (2)
Whether the person appreciates the criminality of | ||||||
7 | conduct
similar
similiar to the conduct for
which he or she | ||||||
8 | was originally charged in this
matter;
| ||||||
9 | (3)
the current state of the defendant's illness;
| ||||||
10 | (4)
what, if any, medications the defendant is taking | ||||||
11 | to control his or her mental
illness;
| ||||||
12 | (5)
what, if any, adverse physical side effects the | ||||||
13 | medication has on the
defendant;
| ||||||
14 | (6)
the length of time it would take for the | ||||||
15 | defendant's mental health to
deteriorate if the defendant | ||||||
16 | stopped taking prescribed
medication;
| ||||||
17 | (7)
the defendant's history or potential for alcohol | ||||||
18 | and drug abuse;
| ||||||
19 | (8)
the defendant's past criminal history;
| ||||||
20 | (9)
any specialized physical or medical needs of the | ||||||
21 | defendant;
| ||||||
22 | (10)
any family participation or involvement expected | ||||||
23 | upon release and what is the
willingness and ability of the | ||||||
24 | family to participate or be
involved;
| ||||||
25 | (11)
the defendant's potential to be a danger to | ||||||
26 | himself, herself, or others;
and
| ||||||
27 | (12)
any other factor or factors the Court deems | ||||||
28 | appropriate.
| ||||||
29 | (h) Before the
court orders that the defendant be | ||||||
30 | discharged or conditionally released, it shall order
the | ||||||
31 | facility director to establish a discharge plan that
includes a | ||||||
32 | plan for the defendant's shelter, support, and
medication. If | ||||||
33 | appropriate, the court shall order that the facility
director | ||||||
34 | establish a program to train the defendant in
self-medication | ||||||
35 | under standards established by the Department of Human
| ||||||
36 | Services. If the Court finds, consistent with the
provisions of |
| |||||||
| |||||||
1 | this Section, that the defendant is no longer in need
of mental | ||||||
2 | health services it shall order the facility director
to | ||||||
3 | discharge the defendant. If the Court finds,
consistent with | ||||||
4 | the provisions of this Section, that the defendant is
in need | ||||||
5 | of mental health services, and no longer in need of
inpatient | ||||||
6 | care, it shall order the facility director to release
the | ||||||
7 | defendant under such conditions as the Court deems
appropriate | ||||||
8 | and as provided by this Section. Such conditional
release shall | ||||||
9 | be imposed for a period of 5 years as provided in
paragraph (1) | ||||||
10 | (D) of subsection (a) and shall be subject to later
| ||||||
11 | modification by the Court as provided by this Section.
If the | ||||||
12 | Court finds consistent with the provisions in this
Section that | ||||||
13 | the defendant is in need of mental health services on
an | ||||||
14 | inpatient basis, it shall order the facility director
not to | ||||||
15 | discharge or release the defendant in accordance with
paragraph | ||||||
16 | (b) of this Section. | ||||||
17 | (i) If within the
period of the defendant's conditional | ||||||
18 | release the State's Attorney determines that the
defendant has | ||||||
19 | not fulfilled the conditions of his or her release,
the State's | ||||||
20 | Attorney may petition the Court to revoke or modify
the | ||||||
21 | conditional release of the defendant. Upon the filing
of such | ||||||
22 | petition the defendant may be remanded to the custody
of the | ||||||
23 | Department, or to any other mental health facility
designated | ||||||
24 | by the Department, pending the resolution of the
petition. | ||||||
25 | Nothing in this Section shall prevent the emergency
admission | ||||||
26 | of a defendant pursuant to Article VI of Chapter III
of the | ||||||
27 | Mental Health and Developmental Disabilities Code or
the | ||||||
28 | voluntary admission of the defendant pursuant to
Article IV of | ||||||
29 | Chapter III of the Mental Health and Developmental
Disabilities | ||||||
30 | Code. If the Court determines, after hearing evidence,
that the | ||||||
31 | defendant has not fulfilled the conditions of release,
the | ||||||
32 | Court shall order a hearing to be held consistent with
the | ||||||
33 | provisions of paragraph (f) and (g) of this Section.
At such | ||||||
34 | hearing, if the Court finds that the defendant is in
need of | ||||||
35 | mental health services on an inpatient basis, it shall
enter an | ||||||
36 | order remanding him or her to the Department of Human
Services |
| |||||||
| |||||||
1 | or other facility. If the defendant is remanded to the
| ||||||
2 | Department of Human Services, he or she shall be
placed in a | ||||||
3 | secure setting unless the Court determines that there
are | ||||||
4 | compelling reasons that such placement is not
necessary. If the | ||||||
5 | Court finds that the defendant continues to be in need
of | ||||||
6 | mental health services but not on an inpatient basis,
it may | ||||||
7 | modify the conditions of the original release in order
to | ||||||
8 | reasonably assure the defendant's satisfactory
progress in | ||||||
9 | treatment and his or her safety and the safety of
others in | ||||||
10 | accordance with the standards established in paragraph
(1) (D) | ||||||
11 | of subsection (a). Nothing in this Section shall limit
a | ||||||
12 | Court's contempt powers or any other powers of a
Court. | ||||||
13 | (j) An order of
admission under this Section does not | ||||||
14 | affect the remedy of habeas corpus.
| ||||||
15 | (k) In the event
of a conflict between this Section and the | ||||||
16 | Mental Health and Developmental Disabilities Code or
the Mental | ||||||
17 | Health and Developmental Disabilities Confidentiality
Act, the | ||||||
18 | provisions of this Section shall govern.
| ||||||
19 | (l) This
amendatory Act shall apply to all persons who have | ||||||
20 | been found not guilty by reason of insanity and who
are | ||||||
21 | presently committed to the Department of Mental Health
and | ||||||
22 | Developmental Disabilities (now the Department of
Human | ||||||
23 | Services). | ||||||
24 | (m) The Clerk of
the Court shall, after the entry of an | ||||||
25 | order of transfer to a non-secure setting of the
Department of | ||||||
26 | Human Services or discharge or conditional release,
transmit a | ||||||
27 | certified copy of the order to the Department of Human
| ||||||
28 | Services, and the sheriff of the county from which the
| ||||||
29 | defendant was admitted. The Clerk of the Court shall
also | ||||||
30 | transmit a certified copy of the order of discharge or
| ||||||
31 | conditional release to the Illinois Department of
State Police, | ||||||
32 | to the proper law enforcement agency for the
municipality where | ||||||
33 | the offense took place, and to the sheriff of the
county into | ||||||
34 | which the defendant is conditionally discharged. The
Illinois | ||||||
35 | Department of State Police shall maintain a
centralized record | ||||||
36 | of discharged or conditionally released defendants
while they |
| |||||||
| |||||||
1 | are under court supervision for access and use of
appropriate | ||||||
2 | law enforcement agencies. | ||||||
3 | (Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03;
revised | ||||||
4 | 1-22-04.)
| ||||||
5 | (730 ILCS
5/5-4-3) (from Ch. 38, par.
1005-4-3)
| ||||||
6 | Sec. 5-4-3.
Persons convicted of, or found delinquent for, | ||||||
7 | certain offenses or institutionalized as sexually
dangerous; | ||||||
8 | specimens; genetic marker groups.
| ||||||
9 | (a) Any person
convicted of, found guilty under the | ||||||
10 | Juvenile Court Act of 1987 for, or who received a
disposition | ||||||
11 | of court supervision for, a qualifying offense or
attempt of a | ||||||
12 | qualifying offense, convicted or found guilty of any
offense | ||||||
13 | classified as a felony under Illinois law, found
guilty or | ||||||
14 | given supervision for any offense classified as a
felony under | ||||||
15 | the Juvenile Court Act of 1987, or institutionalized
as a | ||||||
16 | sexually dangerous person under the Sexually Dangerous
Persons | ||||||
17 | Act, or committed as a sexually violent person under
the | ||||||
18 | Sexually Violent Persons Commitment Act shall,
regardless of | ||||||
19 | the sentence or disposition imposed, be required to
submit | ||||||
20 | specimens of blood, saliva, or tissue to the Illinois
| ||||||
21 | Department of State Police in accordance with the
provisions of | ||||||
22 | this Section, provided such person is:
| ||||||
23 | (1)
convicted of a qualifying offense or attempt of a | ||||||
24 | qualifying offense on or after
July 1, 1990 and sentenced | ||||||
25 | to a term of imprisonment,
periodic imprisonment, fine, | ||||||
26 | probation, conditional
discharge or any other form of | ||||||
27 | sentence, or given a
disposition of court supervision for | ||||||
28 | the offense;
| ||||||
29 | (1.5)
found guilty or given supervision under the | ||||||
30 | Juvenile Court Act of 1987 for
a qualifying offense or | ||||||
31 | attempt of a qualifying
offense on or after January 1, | ||||||
32 | 1997;
| ||||||
33 | (2)
ordered institutionalized as a sexually dangerous | ||||||
34 | person on or after July 1,
1990;
| ||||||
35 | (3)
convicted of a qualifying offense or attempt of a
|
| |||||||
| |||||||
1 | qualifying offense before July
1, 1990 and is presently | ||||||
2 | confined as a result of such
conviction in any State | ||||||
3 | correctional facility or
county jail or is presently | ||||||
4 | serving a sentence of
probation, conditional discharge or | ||||||
5 | periodic imprisonment as a
result of such conviction;
| ||||||
6 | (3.5)
convicted or found guilty of any offense | ||||||
7 | classified as a felony under
Illinois law or found guilty | ||||||
8 | or given supervision for such
an offense under the Juvenile | ||||||
9 | Court Act of 1987 on or after
August 22, 2002;
| ||||||
10 | (4)
presently institutionalized as a sexually | ||||||
11 | dangerous person or presently
institutionalized as a | ||||||
12 | person found guilty but
mentally ill of a sexual offense or | ||||||
13 | attempt to commit a sexual
offense;
| ||||||
14 | (4.5)
ordered committed as a sexually violent person on | ||||||
15 | or after the effective date of
the Sexually Violent Persons | ||||||
16 | Commitment Act;
or
| ||||||
17 | (5)
seeking transfer to or residency in Illinois under | ||||||
18 | Sections 3-3-11.05 through
3-3-11.5 of the Unified Code of | ||||||
19 | Corrections and the Interstate
Compact for Adult Offender | ||||||
20 | Supervision or the Interstate
Agreements on Sexually | ||||||
21 | Dangerous Persons
Act. | ||||||
22 | Notwithstanding
other provisions of this Section, any | ||||||
23 | person incarcerated in a facility of the Illinois
Department of | ||||||
24 | Corrections on or after August 22, 2002 shall be
required to | ||||||
25 | submit a specimen of blood, saliva, or tissue prior to
his or | ||||||
26 | her final discharge or release on parole or mandatory
| ||||||
27 | supervised release, as a condition of his or her
parole or | ||||||
28 | mandatory supervised release.
| ||||||
29 | (a-5) Any person
who was otherwise convicted of or received | ||||||
30 | a disposition of court supervision for any other
offense under | ||||||
31 | the Criminal Code of 1961 or who was found guilty or
given | ||||||
32 | supervision for such a violation under the Juvenile
Court Act | ||||||
33 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
34 | by an order of the court to submit specimens of blood,
saliva, | ||||||
35 | or tissue to the Illinois Department of State Police
in | ||||||
36 | accordance with the provisions of this
Section. |
| |||||||
| |||||||
1 | (b) Any person
required by paragraphs (a)(1), (a)(1.5), | ||||||
2 | (a)(2), (a)(3.5), and (a-5) to provide specimens of
blood, | ||||||
3 | saliva, or tissue shall provide specimens of blood,
saliva, or | ||||||
4 | tissue within 45 days after sentencing or disposition
at a | ||||||
5 | collection site designated by the Illinois Department
of State | ||||||
6 | Police. | ||||||
7 | (c) Any person
required by paragraphs (a)(3), (a)(4), and | ||||||
8 | (a)(4.5) to provide specimens of blood, saliva, or
tissue shall | ||||||
9 | be required to provide such samples prior to final
discharge, | ||||||
10 | parole, or release at a collection site designated by
the | ||||||
11 | Illinois Department of State Police.
| ||||||
12 | (c-5) Any person
required by paragraph (a)(5) to provide | ||||||
13 | specimens of blood, saliva, or tissue shall, where
feasible, be | ||||||
14 | required to provide the specimens before being
accepted for | ||||||
15 | conditioned residency in Illinois under the interstate
compact | ||||||
16 | or agreement, but no later than 45 days after arrival
in this | ||||||
17 | State. | ||||||
18 | (c-6) The
Illinois Department of State Police may determine | ||||||
19 | which type of specimen or specimens, blood, saliva, or
tissue, | ||||||
20 | is acceptable for submission to the Division of
Forensic | ||||||
21 | Services for analysis. | ||||||
22 | (d) The Illinois
Department of State Police shall provide | ||||||
23 | all equipment and instructions necessary for the
collection of | ||||||
24 | blood samples. The collection of samples shall be
performed in | ||||||
25 | a medically approved manner. Only a physician
authorized to | ||||||
26 | practice medicine, a registered nurse or other
qualified person | ||||||
27 | trained in venipuncture may withdraw blood for the
purposes of | ||||||
28 | this Act. The samples shall thereafter be forwarded to
the | ||||||
29 | Illinois Department of State Police, Division of
Forensic | ||||||
30 | Services, for analysis and categorizing into genetic
marker | ||||||
31 | groupings. | ||||||
32 | (d-1) The
Illinois Department of State Police shall provide | ||||||
33 | all equipment and instructions necessary for the
collection of | ||||||
34 | saliva samples. The collection of saliva samples shall
be | ||||||
35 | performed in a medically approved manner. Only a
person trained | ||||||
36 | in the instructions promulgated by the Illinois State
Police on |
| |||||||
| |||||||
1 | collecting saliva may collect saliva for the purposes
of this | ||||||
2 | Section. The samples shall thereafter be forwarded to
the | ||||||
3 | Illinois Department of State Police, Division of
Forensic | ||||||
4 | Services, for analysis and categorizing into genetic
marker | ||||||
5 | groupings. | ||||||
6 | (d-2) The
Illinois Department of State Police shall provide | ||||||
7 | all equipment and instructions necessary for the
collection of | ||||||
8 | tissue samples. The collection of tissue samples shall
be | ||||||
9 | performed in a medically approved manner. Only a
person trained | ||||||
10 | in the instructions promulgated by the Illinois State
Police on | ||||||
11 | collecting tissue may collect tissue for the purposes
of this | ||||||
12 | Section. The samples shall thereafter be forwarded to
the | ||||||
13 | Illinois Department of State Police, Division of
Forensic | ||||||
14 | Services, for analysis and categorizing into genetic
marker | ||||||
15 | groupings. | ||||||
16 | (d-5) To the
extent that funds are available, the Illinois | ||||||
17 | Department of State Police shall contract with
qualified | ||||||
18 | personnel and certified laboratories for the
collection, | ||||||
19 | analysis, and categorization of known
samples. | ||||||
20 | (d-6) Agencies
designated by the Illinois Department of | ||||||
21 | State Police and the Illinois Department of State
Police may | ||||||
22 | contract with third parties to provide for the
collection or | ||||||
23 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
24 | tissue samples. | ||||||
25 | (e) The genetic
marker groupings shall be maintained by the | ||||||
26 | Illinois Department of State Police, Division of
Forensic | ||||||
27 | Services. | ||||||
28 | (f) The genetic
marker grouping analysis information | ||||||
29 | obtained pursuant to this Act shall be confidential
and shall | ||||||
30 | be released only to peace officers of the United
States, of | ||||||
31 | other states or territories, of the insular
possessions of the | ||||||
32 | United States, of foreign countries duly authorized to
receive | ||||||
33 | the same, to all peace officers of the State of
Illinois and to | ||||||
34 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
35 | by Section 116-5 of the Code of Criminal Procedure of
1963. The | ||||||
36 | genetic marker grouping analysis information obtained
pursuant |
| |||||||
| |||||||
1 | to this Act shall be used only for (i) valid law
enforcement | ||||||
2 | identification purposes and as required by the Federal
Bureau | ||||||
3 | of Investigation for participation in the National DNA
| ||||||
4 | database, (ii) technology validation purposes, (iii) a
| ||||||
5 | population statistics database,
or (iv) quality assurance
| ||||||
6 | purposes if personally identifying information is
removed , or | ||||||
7 | (v)
(iii) assisting in the defense
of the criminally accused | ||||||
8 | pursuant to Section 116-5 of the Code of Criminal
Procedure of | ||||||
9 | 1963. Notwithstanding any other statutory provision to
the | ||||||
10 | contrary, all information obtained under this Section
shall be | ||||||
11 | maintained in a single State data base, which may be
uploaded | ||||||
12 | into a national database, and which information may be
subject | ||||||
13 | to expungement only as set forth in subsection
(f-1). | ||||||
14 | (f-1) Upon
receipt of notification of a reversal of a | ||||||
15 | conviction based on actual innocence, or of the
granting of a | ||||||
16 | pardon pursuant to Section 12 of Article V of the
Illinois | ||||||
17 | Constitution, if that pardon document specifically
states that | ||||||
18 | the reason for the pardon is the actual innocence of
an | ||||||
19 | individual whose DNA record has been stored in the
State or | ||||||
20 | national DNA identification index in accordance with
this | ||||||
21 | Section by the Illinois Department of State Police,
the DNA | ||||||
22 | record shall be expunged from the DNA identification
index, and | ||||||
23 | the Department shall by rule prescribe procedures to
ensure | ||||||
24 | that the record and any samples, analyses, or other
documents | ||||||
25 | relating to such record, whether in the possession of
the | ||||||
26 | Department or any law enforcement or police agency, or
any | ||||||
27 | forensic DNA laboratory, including any duplicates or
copies | ||||||
28 | thereof, are destroyed and a letter is sent to the
court | ||||||
29 | verifying the expungement is completed.
| ||||||
30 | (f-5) Any person
who intentionally uses genetic marker | ||||||
31 | grouping analysis information, or any other
information | ||||||
32 | derived from a DNA sample, beyond the authorized uses
as | ||||||
33 | provided under this Section, or any other Illinois
law, is | ||||||
34 | guilty of a Class 4 felony, and shall be subject to a
fine of | ||||||
35 | not less than $5,000. | ||||||
36 | (f-6) The
Illinois Department of State Police may contract
|
| |||||||
| |||||||
1 | with third parties for the purposes of implementing
this | ||||||
2 | amendatory Act of the 93rd General Assembly. Any other
party | ||||||
3 | contracting to carry out the functions of this Section
shall be | ||||||
4 | subject to the same restrictions and requirements of
this | ||||||
5 | Section insofar as applicable, as the Illinois
Department of | ||||||
6 | State Police, and to any additional restrictions
imposed by the | ||||||
7 | Illinois Department of State Police.
| ||||||
8 | (g) For the
purposes of this Section, "qualifying offense" | ||||||
9 | means any of the following:
| ||||||
10 | (1)
any violation or inchoate violation of Section | ||||||
11 | 11-6, 11-9.1, 11-11, 11-18.1,
12-15, or 12-16 of the | ||||||
12 | Criminal Code of
1961;
| ||||||
13 | (1.1)
any violation or inchoate violation of Section | ||||||
14 | 9-1, 9-2, 10-1, 10-2, 12-11,
12-11.1, 18-1, 18-2, 18-3, | ||||||
15 | 18-4, 19-1, or 19-2 of the
Criminal Code of 1961 for which | ||||||
16 | persons are convicted on or
after July 1, 2001;
| ||||||
17 | (2)
any former statute of this State which defined a | ||||||
18 | felony sexual
offense;
| ||||||
19 | (3)
(blank);
| ||||||
20 | (4)
any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
21 | 12-7.3, or 12-7.4 of the
Criminal Code of 1961; or
| ||||||
22 | (5)
any violation or inchoate violation of Article 29D | ||||||
23 | of the Criminal Code of
1961. | ||||||
24 | (g-5)
(Blank). | ||||||
25 | (h) The Illinois
Department of State Police shall be the | ||||||
26 | State central repository for all genetic marker
grouping | ||||||
27 | analysis information obtained pursuant to this Act.
The | ||||||
28 | Illinois Department of State Police may promulgate
rules for | ||||||
29 | the form and manner of the collection of blood,
saliva, or | ||||||
30 | tissue samples and other procedures for the operation
of this | ||||||
31 | Act. The provisions of the Administrative Review Law
shall | ||||||
32 | apply to all actions taken under the rules so
promulgated.
| ||||||
33 | (i) (1) A person
required to provide a blood, saliva, or | ||||||
34 | tissue specimen shall
cooperate with the collection of the | ||||||
35 | specimen and any deliberate
act by that person intended to | ||||||
36 | impede, delay or stop the
collection of the blood, saliva, |
| |||||||
| |||||||
1 | or tissue specimen is a Class
A misdemeanor.
| ||||||
2 | (2)
In the event that a person's DNA sample is not | ||||||
3 | adequate for any reason, the
person shall provide another | ||||||
4 | DNA sample for analysis. Duly
authorized law enforcement | ||||||
5 | and corrections personnel may
employ reasonable force in | ||||||
6 | cases in which an individual
refuses to provide a DNA | ||||||
7 | sample required under this
Act. | ||||||
8 | (j) Any person
required by subsection (a) to submit | ||||||
9 | specimens of blood, saliva, or tissue to the Illinois
| ||||||
10 | Department of State Police for analysis and
categorization into | ||||||
11 | genetic marker grouping, in addition to any other
disposition, | ||||||
12 | penalty, or fine imposed, shall pay an analysis fee of
$200. If | ||||||
13 | the analysis fee is not paid at the time of
sentencing, the | ||||||
14 | court shall establish a fee schedule by which the
entire amount | ||||||
15 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
16 | exceed 24 months from the time of conviction. The
inability to | ||||||
17 | pay this analysis fee shall not be the sole ground to
| ||||||
18 | incarcerate the person. | ||||||
19 | (k) All analysis
and categorization fees provided for by | ||||||
20 | subsection (j) shall be regulated as
follows:
| ||||||
21 | (1)
The State Offender DNA Identification System Fund | ||||||
22 | is hereby created as a special
fund in the State Treasury.
| ||||||
23 | (2)
All fees shall be collected by the clerk of the | ||||||
24 | court and forwarded to the
State Offender DNA | ||||||
25 | Identification System Fund for
deposit. The clerk of the | ||||||
26 | circuit court may retain the
amount of $10 from each | ||||||
27 | collected analysis fee to
offset administrative costs | ||||||
28 | incurred in carrying out the
clerk's responsibilities | ||||||
29 | under this
Section.
| ||||||
30 | (3)
Fees deposited into the State Offender DNA | ||||||
31 | Identification System Fund
shall be used by Illinois State | ||||||
32 | Police crime laboratories as
designated by the Director of | ||||||
33 | State Police. These funds
shall be in addition to any | ||||||
34 | allocations made pursuant to
existing laws and shall be | ||||||
35 | designated for the exclusive
use of State crime | ||||||
36 | laboratories. These uses may
include, but are not limited |
| |||||||
| |||||||
1 | to, the
following:
| ||||||
2 | (A)
Costs incurred in providing analysis and | ||||||
3 | genetic
marker categorization as required by | ||||||
4 | subsection
(d).
| ||||||
5 | (B)
Costs incurred in maintaining genetic marker | ||||||
6 | groupings
as required by subsection (e).
| ||||||
7 | (C)
Costs incurred in the purchase and maintenance | ||||||
8 | of
equipment for use in performing analyses.
| ||||||
9 | (D)
Costs incurred in continuing research and | ||||||
10 | development
of new techniques for analysis and genetic | ||||||
11 | marker
categorization.
| ||||||
12 | (E)
Costs incurred in continuing education, | ||||||
13 | training,
and professional development of forensic | ||||||
14 | scientists
regularly employed by these laboratories. | ||||||
15 | (l) The failure
of a person to provide a specimen, or of | ||||||
16 | any person or agency to collect a specimen, within the
45 day | ||||||
17 | period shall in no way alter the obligation of the
person to | ||||||
18 | submit such specimen, or the authority of the Illinois
| ||||||
19 | Department of State Police or persons designated by
the | ||||||
20 | Department to collect the specimen, or the authority
of the | ||||||
21 | Illinois Department of State Police to accept, analyze
and | ||||||
22 | maintain the specimen or to maintain or upload results
of | ||||||
23 | genetic marker grouping analysis information into a
State or | ||||||
24 | national database. | ||||||
25 | (m) If any
provision of this amendatory Act of the 93rd | ||||||
26 | General Assembly is held unconstitutional or otherwise
| ||||||
27 | invalid, the remainder of this amendatory Act of the
93rd | ||||||
28 | General Assembly is not affected.
| ||||||
29 | (Source: P.A. 92-16, eff. 6-28-01; 92-40, eff.
6-29-01; 92-571, | ||||||
30 | eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff.
8-22-02; | ||||||
31 | 92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605,
eff. | ||||||
32 | 11-19-03; revised 12-9-03.)
| ||||||
33 | (730 ILCS
5/5-5-3) (from Ch. 38, par.
1005-5-3)
| ||||||
34 | Sec. 5-5-3.
Disposition.
| ||||||
35 | (a) Every person
convicted of an offense shall be sentenced |
| |||||||
| |||||||
1 | as provided in this Section.
| ||||||
2 | (b) The following
options shall be appropriate | ||||||
3 | dispositions, alone or in combination, for all
felonies and | ||||||
4 | misdemeanors other than those identified in subsection
(c) of | ||||||
5 | this Section:
| ||||||
6 | (1)
A period of probation.
| ||||||
7 | (2)
A term of periodic imprisonment.
| ||||||
8 | (3)
A term of conditional discharge.
| ||||||
9 | (4)
A term of imprisonment.
| ||||||
10 | (5)
An order directing the offender to clean up and | ||||||
11 | repair the damage, if the
offender was convicted under | ||||||
12 | paragraph (h) of Section 21-1
of the Criminal Code of 1961 | ||||||
13 | (now
repealed) .
| ||||||
14 | (6)
A fine.
| ||||||
15 | (7)
An order directing the offender to make restitution | ||||||
16 | to the victim under Section
5-5-6 of this Code.
| ||||||
17 | (8)
A sentence of participation in a county impact | ||||||
18 | incarceration program under
Section 5-8-1.2 of this Code. | ||||||
19 | Whenever an
individual is sentenced for an offense based | ||||||
20 | upon an arrest for a violation of Section 11-501 of
the | ||||||
21 | Illinois Vehicle Code, or a similar provision of a
local | ||||||
22 | ordinance, and the professional evaluation recommends
remedial | ||||||
23 | or rehabilitative treatment or education, neither the
| ||||||
24 | treatment nor the education shall be the sole
disposition and | ||||||
25 | either or both may be imposed only in conjunction with
another | ||||||
26 | disposition. The court shall monitor compliance with
any | ||||||
27 | remedial education or treatment recommendations
contained in | ||||||
28 | the professional evaluation. Programs conducting
alcohol or | ||||||
29 | other drug evaluation or remedial education must be
licensed by | ||||||
30 | the Department of Human Services. However, if the
individual is | ||||||
31 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
32 | other drug evaluation or remedial education program in
the | ||||||
33 | state of such individual's residence. Programs
providing | ||||||
34 | treatment must be licensed under existing applicable
| ||||||
35 | alcoholism and drug treatment licensure
standards. | ||||||
36 | In addition to
any other fine or penalty required by law, |
| |||||||
| |||||||
1 | any individual convicted of a violation of Section
11-501 of | ||||||
2 | the Illinois Vehicle Code, Section 5-7 of the
Snowmobile | ||||||
3 | Registration and Safety Act, Section 5-16 of the Boat
| ||||||
4 | Registration and Safety Act, or a similar provision of
local | ||||||
5 | ordinance, whose operation of a motor vehicle while in
| ||||||
6 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
7 | ordinance proximately caused an incident resulting in
an | ||||||
8 | appropriate emergency response, shall be required to
make | ||||||
9 | restitution to a public agency for the costs of that
emergency | ||||||
10 | response. Such restitution shall not exceed $1,000 per
public | ||||||
11 | agency for each such emergency response. For the
purpose of | ||||||
12 | this paragraph, emergency response shall mean any
incident | ||||||
13 | requiring a response by: a police officer as defined
under | ||||||
14 | Section 1-162 of the Illinois Vehicle Code; a fireman
carried | ||||||
15 | on the rolls of a regularly constituted fire
department; and an | ||||||
16 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
17 | Medical Services (EMS) Systems Act.
| ||||||
18 | Neither a fine
nor restitution shall be the sole | ||||||
19 | disposition for a felony and either or both may be
imposed only | ||||||
20 | in conjunction with another disposition.
| ||||||
21 | (c) (1) When a
defendant is found guilty of first degree | ||||||
22 | murder the State may either
seek a sentence of imprisonment | ||||||
23 | under Section 5-8-1 of this
Code, or where appropriate seek | ||||||
24 | a sentence of death under
Section 9-1 of the Criminal Code | ||||||
25 | of 1961.
| ||||||
26 | (2)
A period of probation, a term of periodic | ||||||
27 | imprisonment or conditional
discharge shall not be imposed | ||||||
28 | for the following offenses.
The court shall sentence the | ||||||
29 | offender to not less than the
minimum term of imprisonment | ||||||
30 | set forth in this Code for the
following offenses, and may | ||||||
31 | order a fine or restitution or
both in conjunction with | ||||||
32 | such term of
imprisonment:
| ||||||
33 | (A)
First degree murder where the death penalty is | ||||||
34 | not
imposed.
| ||||||
35 | (B)
Attempted first degree murder.
| ||||||
36 | (C)
A Class X felony.
|
| |||||||
| |||||||
1 | (D)
A violation of Section 401.1 or 407 of the | ||||||
2 | Illinois
Controlled Substances Act, or a violation of | ||||||
3 | subdivision
(c)(1) or (c)(2) of Section 401 of that Act | ||||||
4 | which
relates to more than 5 grams of a substance | ||||||
5 | containing
heroin or cocaine or an analog thereof.
| ||||||
6 | (E)
A violation of Section 5.1 or 9 of the Cannabis | ||||||
7 | Control
Act.
| ||||||
8 | (F)
A Class 2 or greater felony if the offender had | ||||||
9 | been
convicted of a Class 2 or greater felony within 10 | ||||||
10 | years
of the date on which the offender committed the | ||||||
11 | offense
for which he or she is being sentenced, except | ||||||
12 | as
otherwise provided in Section 40-10 of the | ||||||
13 | Alcoholism
and Other Drug Abuse and Dependency Act.
| ||||||
14 | (G)
Residential burglary, except as otherwise | ||||||
15 | provided
in Section 40-10 of the Alcoholism and Other | ||||||
16 | Drug
Abuse and Dependency Act.
| ||||||
17 | (H)
Criminal sexual assault.
| ||||||
18 | (I)
Aggravated battery of a senior citizen.
| ||||||
19 | (J)
A forcible felony if the offense was related to | ||||||
20 | the
activities of an organized gang.
| ||||||
21 | Before
July 1, 1994, for the purposes of this | ||||||
22 | paragraph,
"organized gang" means an association of 5 | ||||||
23 | or
more persons, with an established hierarchy, that | ||||||
24 | encourages
members of the association to perpetrate | ||||||
25 | crimes
or provides support to the members of the | ||||||
26 | association
who do commit crimes.
| ||||||
27 | Beginning
July 1, 1994, for the purposes of this | ||||||
28 | paragraph,
"organized gang" has the meaning ascribed | ||||||
29 | to it
in Section 10 of the Illinois Streetgang | ||||||
30 | Terrorism
Omnibus Prevention Act.
| ||||||
31 | (K)
Vehicular hijacking.
| ||||||
32 | (L)
A second or subsequent conviction for the | ||||||
33 | offense of
hate crime when the underlying offense upon | ||||||
34 | which
the hate crime is based is felony aggravated | ||||||
35 | assault or
felony mob action.
| ||||||
36 | (M)
A second or subsequent conviction for the |
| |||||||
| |||||||
1 | offense of
institutional vandalism if the damage to the | ||||||
2 | property
exceeds $300.
| ||||||
3 | (N)
A Class 3 felony violation of paragraph (1) of | ||||||
4 | subsection
(a) of Section 2 of the Firearm Owners | ||||||
5 | Identification
Card Act.
| ||||||
6 | (O)
A violation of Section 12-6.1 of the Criminal | ||||||
7 | Code
of 1961.
| ||||||
8 | (P)
A violation of paragraph (1), (2), (3), (4), | ||||||
9 | (5),
or (7) of subsection (a) of Section 11-20.1 of the | ||||||
10 | Criminal
Code of 1961.
| ||||||
11 | (Q)
A violation of Section 20-1.2 or 20-1.3 of the | ||||||
12 | Criminal
Code of 1961.
| ||||||
13 | (R)
A violation of Section 24-3A of the Criminal | ||||||
14 | Code
of 1961.
| ||||||
15 | (S)
A violation of Section 11-501(c-1)(3) of the | ||||||
16 | Illinois
Vehicle Code.
| ||||||
17 | (T)
A second or subsequent violation of paragraph | ||||||
18 | (6.6)
of subsection (a), subsection (c-5), or | ||||||
19 | subsection
(d-5) of Section 401 of the Illinois | ||||||
20 | Controlled
Substances Act.
| ||||||
21 | (3)
A minimum term of imprisonment of not less than 5 | ||||||
22 | days or 30 days of community
service as may be determined | ||||||
23 | by the court shall be imposed
for a second violation | ||||||
24 | committed within 5 years of a
previous violation of Section | ||||||
25 | 11-501 of the Illinois Vehicle
Code or a similar provision | ||||||
26 | of a local ordinance. In the
case of a third or subsequent | ||||||
27 | violation committed within 5
years of a previous violation | ||||||
28 | of Section 11-501 of the
Illinois Vehicle Code or a similar | ||||||
29 | provision of a local
ordinance, a minimum term of either 10 | ||||||
30 | days of imprisonment or 60
days of community service shall | ||||||
31 | be imposed.
| ||||||
32 | (4)
A minimum term of imprisonment of not less than 10 | ||||||
33 | consecutive days or 30 days of
community service shall be | ||||||
34 | imposed for a violation of
paragraph (c) of Section 6-303 | ||||||
35 | of the Illinois Vehicle
Code.
| ||||||
36 | (4.1)
A minimum term of 30 consecutive days of |
| |||||||
| |||||||
1 | imprisonment, 40 days of 24
hour periodic imprisonment or | ||||||
2 | 720 hours of community
service, as may be determined by the | ||||||
3 | court, shall be imposed for a
violation of Section 11-501 | ||||||
4 | of the Illinois Vehicle Code
during a period in which the | ||||||
5 | defendant's driving privileges
are revoked or suspended, | ||||||
6 | where the revocation or
suspension was for a violation of | ||||||
7 | Section 11-501 or Section
11-501.1 of that Code.
| ||||||
8 | (4.2)
Except as provided in paragraph (4.3) of this | ||||||
9 | subsection (c), a minimum of
100 hours of community service | ||||||
10 | shall be imposed for a second
violation of Section 6-303 of | ||||||
11 | the Illinois Vehicle
Code.
| ||||||
12 | (4.3)
A minimum term of imprisonment of 30 days or 300 | ||||||
13 | hours of community service, as
determined by the court, | ||||||
14 | shall be imposed for a second
violation of subsection (c) | ||||||
15 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
16 | (4.4)
Except as provided in paragraph (4.5) and | ||||||
17 | paragraph (4.6) of this
subsection (c), a minimum term of | ||||||
18 | imprisonment of 30 days or 300
hours of community service, | ||||||
19 | as determined by the court,
shall be imposed for a third or | ||||||
20 | subsequent violation of
Section 6-303 of the Illinois | ||||||
21 | Vehicle Code.
| ||||||
22 | (4.5)
A minimum term of imprisonment of 30 days shall | ||||||
23 | be imposed for a third
violation of subsection (c) of | ||||||
24 | Section 6-303 of the Illinois
Vehicle Code.
| ||||||
25 | (4.6)
A minimum term of imprisonment of 180 days shall | ||||||
26 | be imposed for a fourth or
subsequent violation of | ||||||
27 | subsection (c) of Section
6-303 of the Illinois Vehicle | ||||||
28 | Code.
| ||||||
29 | (5)
The court may sentence an offender convicted of a | ||||||
30 | business offense or a petty
offense or a corporation or | ||||||
31 | unincorporated association
convicted of any offense to:
| ||||||
32 | (A)
a period of conditional discharge;
| ||||||
33 | (B)
a fine;
| ||||||
34 | (C)
make restitution to the victim under Section | ||||||
35 | 5-5-6
of this Code.
| ||||||
36 | (5.1)
In addition to any penalties imposed under |
| |||||||
| |||||||
1 | paragraph (5) of this
subsection (c), and except as | ||||||
2 | provided in paragraph (5.2) or
(5.3), a person convicted of | ||||||
3 | violating subsection (c) of
Section 11-907 of the Illinois | ||||||
4 | Vehicle Code shall have his or
her driver's license, | ||||||
5 | permit, or privileges
suspended for at least 90 days but | ||||||
6 | not more than one year, if the
violation resulted in damage | ||||||
7 | to the property of another
person.
| ||||||
8 | (5.2)
In addition to any penalties imposed under | ||||||
9 | paragraph (5) of this
subsection (c), and except as | ||||||
10 | provided in paragraph (5.3), a
person convicted of | ||||||
11 | violating subsection (c) of
Section 11-907 of the Illinois | ||||||
12 | Vehicle Code shall have his or
her driver's license, | ||||||
13 | permit, or privileges
suspended for at least 180 days but | ||||||
14 | not more than 2 years, if the
violation resulted in injury | ||||||
15 | to another
person.
| ||||||
16 | (5.3)
In addition to any penalties imposed under | ||||||
17 | paragraph (5) of this
subsection (c), a person convicted of | ||||||
18 | violating subsection (c) of
Section 11-907 of the Illinois | ||||||
19 | Vehicle Code shall have his or
her driver's license, | ||||||
20 | permit, or privileges
suspended for 2 years, if the | ||||||
21 | violation resulted in the
death of another person.
| ||||||
22 | (6)
In no case shall an offender be eligible for a | ||||||
23 | disposition of probation or
conditional discharge for a | ||||||
24 | Class 1 felony committed while
he was serving a term of | ||||||
25 | probation or conditional
discharge for a felony.
| ||||||
26 | (7)
When a defendant is adjudged a habitual criminal | ||||||
27 | under Article 33B of the
Criminal Code of 1961, the court | ||||||
28 | shall sentence the defendant
to a term of natural life | ||||||
29 | imprisonment.
| ||||||
30 | (8)
When a defendant, over the age of 21 years, is | ||||||
31 | convicted of a Class 1 or
Class 2 felony, after having | ||||||
32 | twice been convicted in any
state or federal court of an | ||||||
33 | offense that contains the same
elements as an offense now | ||||||
34 | classified in Illinois as a
Class 2 or greater Class felony | ||||||
35 | and such charges are
separately brought and tried and arise | ||||||
36 | out of different series of
acts, such defendant shall be |
| |||||||
| |||||||
1 | sentenced as a Class X
offender. This paragraph shall not | ||||||
2 | apply unless (1) the first
felony was committed after the | ||||||
3 | effective date of this
amendatory Act of 1977; and (2) the | ||||||
4 | second felony was committed
after conviction on the first; | ||||||
5 | and (3) the third felony was
committed after conviction on | ||||||
6 | the second. A person sentenced
as a Class X offender under | ||||||
7 | this paragraph is not eligible
to apply for treatment as a | ||||||
8 | condition of probation as
provided by Section 40-10 of the | ||||||
9 | Alcoholism and Other Drug
Abuse and Dependency Act.
| ||||||
10 | (9)
A defendant convicted of a second or subsequent | ||||||
11 | offense of ritualized abuse of
a child may be sentenced to | ||||||
12 | a term of natural life
imprisonment.
| ||||||
13 | (10)
When a person is convicted of violating Section | ||||||
14 | 11-501 of the Illinois Vehicle
Code or a similar provision | ||||||
15 | of a local ordinance, the
following penalties apply when | ||||||
16 | his or her blood, breath, or
urine was .16 or more based on | ||||||
17 | the definition of blood,
breath, or urine units in Section | ||||||
18 | 11-501.2 or that person is
convicted of violating Section | ||||||
19 | 11-501 of the Illinois Vehicle
Code while transporting a | ||||||
20 | child under the age of
16:
| ||||||
21 | (A)
For a first violation of subsection (a) of | ||||||
22 | Section
11-501, in addition to any other penalty that | ||||||
23 | may be
imposed under subsection (c) of Section 11-501: | ||||||
24 | a
mandatory minimum of 100 hours of community service | ||||||
25 | and a
minimum fine of $500.
| ||||||
26 | (B)
For a second violation of subsection (a) of | ||||||
27 | Section
11-501, in addition to any other penalty that | ||||||
28 | may be
imposed under subsection (c) of Section 11-501 | ||||||
29 | within
10 years: a mandatory minimum of 2 days of | ||||||
30 | imprisonment
and a minimum fine of $1,250.
| ||||||
31 | (C)
For a third violation of subsection (a) of | ||||||
32 | Section
11-501, in addition to any other penalty that | ||||||
33 | may be
imposed under subsection (c) of Section 11-501 | ||||||
34 | within
20 years: a mandatory minimum of 90 days of | ||||||
35 | imprisonment
and a minimum fine of $2,500.
| ||||||
36 | (D)
For a fourth or subsequent violation of |
| |||||||
| |||||||
1 | subsection
(a) of Section 11-501: ineligibility for a | ||||||
2 | sentence
of probation or conditional discharge and a | ||||||
3 | minimum
fine of $2,500. | ||||||
4 | (d) In any case
in which a sentence originally imposed is | ||||||
5 | vacated, the case shall be remanded to the trial
court. The | ||||||
6 | trial court shall hold a hearing under Section 5-4-1
of the | ||||||
7 | Unified Code of Corrections which may include evidence
of the | ||||||
8 | defendant's life, moral character and occupation
during the | ||||||
9 | time since the original sentence was passed. The trial
court | ||||||
10 | shall then impose sentence upon the defendant. The
trial court | ||||||
11 | may impose any sentence which could have been imposed
at the | ||||||
12 | original trial subject to Section 5-5-4 of the Unified
Code of | ||||||
13 | Corrections. If a sentence is vacated on appeal or on
| ||||||
14 | collateral attack due to the failure of the trier of
fact at | ||||||
15 | trial to determine beyond a reasonable doubt the
existence of a | ||||||
16 | fact (other than a prior conviction) necessary to
increase the | ||||||
17 | punishment for the offense beyond the statutory
maximum | ||||||
18 | otherwise applicable, either the defendant may be
re-sentenced | ||||||
19 | to a term within the range otherwise provided or, if
the State | ||||||
20 | files notice of its intention to again seek the
extended | ||||||
21 | sentence, the defendant shall be afforded a new
trial. | ||||||
22 | (e) In cases
where prosecution for aggravated criminal | ||||||
23 | sexual abuse under Section 12-16 of the Criminal Code
of 1961 | ||||||
24 | results in conviction of a defendant who was a family
member of | ||||||
25 | the victim at the time of the commission of the
offense, the | ||||||
26 | court shall consider the safety and welfare of the
victim and | ||||||
27 | may impose a sentence of probation only
where:
| ||||||
28 | (1)
the court finds (A) or (B) or both are appropriate:
| ||||||
29 | (A)
the defendant is willing to undergo a court | ||||||
30 | approved
counseling program for a minimum duration of 2 | ||||||
31 | years;
or
| ||||||
32 | (B)
the defendant is willing to participate in a | ||||||
33 | court
approved plan including but not limited to the | ||||||
34 | defendant's:
| ||||||
35 | (i)
removal from the household;
| ||||||
36 | (ii)
restricted contact with the victim;
|
| |||||||
| |||||||
1 | (iii)
continued financial support of the | ||||||
2 | family;
| ||||||
3 | (iv)
restitution for harm done to the victim; | ||||||
4 | and
| ||||||
5 | (v)
compliance with any other measures that | ||||||
6 | the
court may deem appropriate; and
| ||||||
7 | (2)
the court orders the defendant to pay for the | ||||||
8 | victim's counseling services,
to the extent that the court | ||||||
9 | finds, after considering the
defendant's income and | ||||||
10 | assets, that the defendant is
financially capable of paying | ||||||
11 | for such services, if the
victim was under 18 years of age | ||||||
12 | at the time the offense was
committed and requires | ||||||
13 | counseling as a result of the
offense. | ||||||
14 | Probation may be
revoked or modified pursuant to Section | ||||||
15 | 5-6-4; except where the court determines at the
hearing that | ||||||
16 | the defendant violated a condition of his or her
probation | ||||||
17 | restricting contact with the victim or other family
members or | ||||||
18 | commits another offense with the victim or other
family | ||||||
19 | members, the court shall revoke the defendant's
probation and | ||||||
20 | impose a term of imprisonment.
| ||||||
21 | For the purposes
of this Section, "family member" and | ||||||
22 | "victim" shall have the meanings ascribed to them in
Section | ||||||
23 | 12-12 of the Criminal Code of 1961.
| ||||||
24 | (f) This Article
shall not deprive a court in other | ||||||
25 | proceedings to order a forfeiture of property, to
suspend or | ||||||
26 | cancel a license, to remove a person from office, or
to impose | ||||||
27 | any other civil penalty. | ||||||
28 | (g) Whenever a
defendant is convicted of an offense under | ||||||
29 | Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, | ||||||
30 | 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15
or 12-16 | ||||||
31 | of the Criminal Code of 1961, the defendant shall
undergo | ||||||
32 | medical testing to determine whether the defendant has
any | ||||||
33 | sexually transmissible disease, including a test for
infection | ||||||
34 | with human immunodeficiency virus (HIV) or any other
identified | ||||||
35 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
36 | Any such medical test shall be performed only by
appropriately |
| |||||||
| |||||||
1 | licensed medical practitioners and may include an
analysis of | ||||||
2 | any bodily fluids as well as an examination of the
defendant's | ||||||
3 | person. Except as otherwise provided by law, the
results of | ||||||
4 | such test shall be kept strictly confidential by all
medical | ||||||
5 | personnel involved in the testing and must be
personally | ||||||
6 | delivered in a sealed envelope to the judge of the
court in | ||||||
7 | which the conviction was entered for the judge's
inspection in | ||||||
8 | camera. Acting in accordance with the best interests
of the | ||||||
9 | victim and the public, the judge shall have the
discretion to | ||||||
10 | determine to whom, if anyone, the results of the
testing may be | ||||||
11 | revealed. The court shall notify the defendant of the
test | ||||||
12 | results. The court shall also notify the victim if
requested by | ||||||
13 | the victim, and if the victim is under the age of 15
and if | ||||||
14 | requested by the victim's parents or legal guardian,
the court | ||||||
15 | shall notify the victim's parents or legal guardian of
the test | ||||||
16 | results. The court shall provide information on the
| ||||||
17 | availability of HIV testing and counseling at
Department of | ||||||
18 | Public Health facilities to all parties to whom the
results of | ||||||
19 | the testing are revealed and shall direct the State's
Attorney | ||||||
20 | to provide the information to the victim when
possible. A | ||||||
21 | State's Attorney may petition the court to obtain the
results | ||||||
22 | of any HIV test administered under this Section, and
the court | ||||||
23 | shall grant the disclosure if the State's Attorney
shows it is | ||||||
24 | relevant in order to prosecute a charge of criminal
| ||||||
25 | transmission of HIV under Section 12-16.2 of the
Criminal Code | ||||||
26 | of 1961 against the defendant. The court shall order
that the | ||||||
27 | cost of any such test shall be paid by the county and
may be | ||||||
28 | taxed as costs against the convicted
defendant. | ||||||
29 | (g-5) When an
inmate is tested for an airborne communicable | ||||||
30 | disease, as determined by the Illinois Department of
Public | ||||||
31 | Health including but not limited to tuberculosis, the
results | ||||||
32 | of the test shall be personally delivered by the
warden or his | ||||||
33 | or her designee in a sealed envelope to the judge of
the court | ||||||
34 | in which the inmate must appear for the judge's
inspection in | ||||||
35 | camera if requested by the judge. Acting in accordance
with the | ||||||
36 | best interests of those in the courtroom, the judge
shall have |
| |||||||
| |||||||
1 | the discretion to determine what if any precautions
need to be | ||||||
2 | taken to prevent transmission of the disease in the
courtroom. | ||||||
3 | (h) Whenever a
defendant is convicted of an offense under | ||||||
4 | Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the | ||||||
5 | defendant shall undergo medical testing to determine
whether | ||||||
6 | the defendant has been exposed to human
immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of
acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise
provided | ||||||
9 | by law, the results of such test shall be kept
strictly | ||||||
10 | confidential by all medical personnel involved in the
testing | ||||||
11 | and must be personally delivered in a sealed envelope
to the | ||||||
12 | judge of the court in which the conviction was entered
for the | ||||||
13 | judge's inspection in camera. Acting in accordance
with the | ||||||
14 | best interests of the public, the judge shall have the
| ||||||
15 | discretion to determine to whom, if anyone, the
results of the | ||||||
16 | testing may be revealed. The court shall notify the
defendant | ||||||
17 | of a positive test showing an infection with the human
| ||||||
18 | immunodeficiency virus (HIV). The court shall provide
| ||||||
19 | information on the availability of HIV testing and
counseling | ||||||
20 | at Department of Public Health facilities to all
parties to | ||||||
21 | whom the results of the testing are revealed and shall
direct | ||||||
22 | the State's Attorney to provide the information to the
victim | ||||||
23 | when possible. A State's Attorney may petition the
court to | ||||||
24 | obtain the results of any HIV test administered under
this | ||||||
25 | Section, and the court shall grant the disclosure if
the | ||||||
26 | State's Attorney shows it is relevant in order to
prosecute a | ||||||
27 | charge of criminal transmission of HIV under Section
12-16.2 of | ||||||
28 | the Criminal Code of 1961 against the defendant. The
court | ||||||
29 | shall order that the cost of any such test shall be
paid by the | ||||||
30 | county and may be taxed as costs against the convicted
| ||||||
31 | defendant. | ||||||
32 | (i) All fines and
penalties imposed under this Section for | ||||||
33 | any violation of Chapters 3, 4, 6, and 11 of the
Illinois | ||||||
34 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||
35 | any violation of the Child Passenger Protection Act,
or a | ||||||
36 | similar provision of a local ordinance, shall be
collected and |
| |||||||
| |||||||
1 | disbursed by the circuit clerk as provided under
Section 27.5 | ||||||
2 | of the Clerks of Courts Act.
| ||||||
3 | (j) In cases when
prosecution for any violation of Section | ||||||
4 | 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16,
11-17, | ||||||
5 | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20.1, | ||||||
6 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
Criminal | ||||||
7 | Code of 1961, any violation of the Illinois Controlled
| ||||||
8 | Substances Act, or any violation of the Cannabis
Control Act | ||||||
9 | results in conviction, a disposition of court
supervision, or | ||||||
10 | an order of probation granted under Section 10 of the
Cannabis | ||||||
11 | Control Act or Section 410 of the Illinois Controlled
Substance | ||||||
12 | Act of a defendant, the court shall determine whether
the | ||||||
13 | defendant is employed by a facility or center as
defined under | ||||||
14 | the Child Care Act of 1969, a public or private
elementary or | ||||||
15 | secondary school, or otherwise works with children
under 18 | ||||||
16 | years of age on a daily basis. When a defendant is so
employed, | ||||||
17 | the court shall order the Clerk of the Court to send a
copy of | ||||||
18 | the judgment of conviction or order of supervision or
probation | ||||||
19 | to the defendant's employer by certified mail. If the
employer | ||||||
20 | of the defendant is a school, the Clerk of the Court
shall | ||||||
21 | direct the mailing of a copy of the judgment of
conviction or | ||||||
22 | order of supervision or probation to the appropriate
regional | ||||||
23 | superintendent of schools. The regional superintendent
of | ||||||
24 | schools shall notify the State Board of Education of
any | ||||||
25 | notification under this subsection.
| ||||||
26 | (j-5) A defendant
at least 17 years of age who is convicted | ||||||
27 | of a felony and who has not been previously convicted
of a | ||||||
28 | misdemeanor or felony and who is sentenced to a term
of | ||||||
29 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
30 | a condition of his or her sentence be required by the
court to | ||||||
31 | attend educational courses designed to prepare the
defendant | ||||||
32 | for a high school diploma and to work toward a high
school | ||||||
33 | diploma or to work toward passing the high school
level Test of | ||||||
34 | General Educational Development (GED) or to work
toward | ||||||
35 | completing a vocational training program offered by
the | ||||||
36 | Department of Corrections. If a defendant fails to
complete the |
| |||||||
| |||||||
1 | educational training required by his or her sentence
during the | ||||||
2 | term of incarceration, the Prisoner Review Board
shall, as a | ||||||
3 | condition of mandatory supervised release, require the
| ||||||
4 | defendant, at his or her own expense, to pursue a
course of | ||||||
5 | study toward a high school diploma or passage of the
GED test. | ||||||
6 | The Prisoner Review Board shall revoke the mandatory
supervised | ||||||
7 | release of a defendant who wilfully fails to comply
with this | ||||||
8 | subsection (j-5) upon his or her release from
confinement in a | ||||||
9 | penal institution while serving a mandatory supervised
release | ||||||
10 | term; however, the inability of the defendant after
making a | ||||||
11 | good faith effort to obtain financial aid or pay for
the | ||||||
12 | educational training shall not be deemed a wilful
failure to | ||||||
13 | comply. The Prisoner Review Board shall recommit the
defendant | ||||||
14 | whose mandatory supervised release term has been
revoked under | ||||||
15 | this subsection (j-5) as provided in Section 3-3-9.
This | ||||||
16 | subsection (j-5) does not apply to a defendant who has
a high | ||||||
17 | school diploma or has successfully passed the GED
test. This | ||||||
18 | subsection (j-5) does not apply to a defendant who is
| ||||||
19 | determined by the court to be developmentally disabled
or | ||||||
20 | otherwise mentally incapable of completing the
educational or | ||||||
21 | vocational program. | ||||||
22 | (k) A court may
not impose a sentence or disposition for a | ||||||
23 | felony or misdemeanor that requires the defendant to
be | ||||||
24 | implanted or injected with or to use any form of birth
control.
| ||||||
25 | (l) (A) Except as
provided in paragraph (C) of subsection | ||||||
26 | (l), whenever a defendant, who
is an alien as defined by | ||||||
27 | the Immigration and
Nationality Act, is convicted of any | ||||||
28 | felony or misdemeanor offense,
the court after sentencing | ||||||
29 | the defendant may, upon motion
of the State's Attorney, | ||||||
30 | hold sentence in abeyance and
remand the defendant to the | ||||||
31 | custody of the Attorney
General of the United States or his | ||||||
32 | or her designated agent to be
deported when:
| ||||||
33 | (1)
a final order of deportation has been issued | ||||||
34 | against
the defendant pursuant to proceedings under | ||||||
35 | the
Immigration and Nationality Act, and
| ||||||
36 | (2)
the deportation of the defendant would not |
| |||||||
| |||||||
1 | deprecate
the seriousness of the defendant's conduct | ||||||
2 | and
would not be inconsistent with the ends of justice.
| ||||||
3 | Otherwise,
the defendant shall be sentenced as | ||||||
4 | provided in this Chapter
V.
| ||||||
5 | (B)
If the defendant has already been sentenced for a | ||||||
6 | felony or misdemeanor offense,
or has been placed on | ||||||
7 | probation under Section 10 of
the Cannabis Control Act or | ||||||
8 | Section 410 of the Illinois
Controlled Substances Act, the | ||||||
9 | court may, upon motion of the
State's Attorney to suspend | ||||||
10 | the sentence imposed, commit
the defendant to the custody | ||||||
11 | of the Attorney General of the
United States or his or her | ||||||
12 | designated agent
when:
| ||||||
13 | (1)
a final order of deportation has been issued | ||||||
14 | against
the defendant pursuant to proceedings under | ||||||
15 | the
Immigration and Nationality Act, and
| ||||||
16 | (2)
the deportation of the defendant would not | ||||||
17 | deprecate
the seriousness of the defendant's conduct | ||||||
18 | and
would not be inconsistent with the ends of justice.
| ||||||
19 | (C)
This subsection (l) does not apply to offenders who | ||||||
20 | are subject to the provisions
of paragraph (2) of | ||||||
21 | subsection (a) of Section
3-6-3.
| ||||||
22 | (D)
Upon motion of the State's Attorney, if a defendant | ||||||
23 | sentenced under this Section
returns to the jurisdiction of | ||||||
24 | the United States, the
defendant shall be recommitted to | ||||||
25 | the custody of the county from
which he or she was | ||||||
26 | sentenced. Thereafter, the
defendant shall be brought | ||||||
27 | before the sentencing court,
which may impose any sentence | ||||||
28 | that was available under
Section 5-5-3 at the time of | ||||||
29 | initial sentencing. In
addition, the defendant shall not be | ||||||
30 | eligible for additional good
conduct credit for | ||||||
31 | meritorious service as
provided under Section 3-6-6. | ||||||
32 | (m) A person
convicted of criminal defacement of property | ||||||
33 | under Section 21-1.3 of the Criminal Code of 1961, in
which the | ||||||
34 | property damage exceeds $300 and the property damaged
is a | ||||||
35 | school building, shall be ordered to perform community
service | ||||||
36 | that may include cleanup, removal, or painting over
the |
| |||||||
| |||||||
1 | defacement. | ||||||
2 | (n) The court may
sentence a person convicted of a | ||||||
3 | violation of Section 12-19, 12-21, or 16-1.3 of the
Criminal | ||||||
4 | Code of 1961 (i) to an impact incarceration program if
the | ||||||
5 | person is otherwise eligible for that program under
Section | ||||||
6 | 5-8-1.1, (ii) to community service, or (iii) if the
person is | ||||||
7 | an addict or alcoholic, as defined in the Alcoholism
and Other | ||||||
8 | Drug Abuse and Dependency Act, to a substance or
alcohol abuse | ||||||
9 | program licensed under that Act.
| ||||||
10 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff.
8-3-01; | ||||||
11 | 92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418,
eff. | ||||||
12 | 8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02;
92-698, | ||||||
13 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04;
93-169, | ||||||
14 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff.
1-1-04; 93-546, | ||||||
15 | eff. 1-1-04; revised
10-9-03 .)
| ||||||
16 | (730 ILCS
5/5-8-1.3)
| ||||||
17 | Sec. 5-8-1.3.
Pilot residential and transition treatment | ||||||
18 | program for women.
| ||||||
19 | (a) The General
Assembly recognizes:
| ||||||
20 | (1)
that drug-offending women with children who have | ||||||
21 | been in and out of the
criminal justice system for years | ||||||
22 | are a serious
problem;
| ||||||
23 | (2)
that the intergenerational cycle of women | ||||||
24 | continuously being part of the
criminal justice system | ||||||
25 | needs to be
broken;
| ||||||
26 | (3)
that the effects of drug offending women with | ||||||
27 | children disrupts family
harmony and creates an atmosphere | ||||||
28 | that is not conducive to
healthy childhood development;
| ||||||
29 | (4)
that there is a need for an effective residential | ||||||
30 | community supervision model to
provide help to women to | ||||||
31 | become drug free, recover from
trauma, focus on healthy | ||||||
32 | mother-child relationships,
and establish economic | ||||||
33 | independence and long-term
support;
| ||||||
34 | (5)
that certain non-violent women offenders with | ||||||
35 | children eligible for
sentences of incarceration, may |
| |||||||
| |||||||
1 | benefit from the
rehabilitative aspects of gender | ||||||
2 | responsive treatment programs
and services. This Section | ||||||
3 | shall not be construed to
allow violent offenders to | ||||||
4 | participate in a treatment
program. | ||||||
5 | (b) Under the
direction of the sheriff and with the | ||||||
6 | approval of the county board of commissioners, the
sheriff, in | ||||||
7 | any county with more than 3,000,000 inhabitants, may
operate a | ||||||
8 | residential and transition treatment program for women
| ||||||
9 | established by the Illinois Department of Corrections
if | ||||||
10 | funding has been provided by federal, local or private
| ||||||
11 | entities. If the court finds during the sentencing
hearing | ||||||
12 | conducted under Section 5-4-1 that a woman convicted
of a | ||||||
13 | felony meets the eligibility requirements of the
sheriff's | ||||||
14 | residential and transition treatment program for
women, the | ||||||
15 | court may refer the offender to the sheriff's
residential and | ||||||
16 | transition treatment program for women for
consideration as a | ||||||
17 | participant as an alternative to incarceration in the
| ||||||
18 | penitentiary. The sheriff shall be responsible for
supervising | ||||||
19 | all women who are placed in the residential and
transition | ||||||
20 | treatment program for women for the 12-month period.
In the | ||||||
21 | event that the woman is not accepted for placement in
the | ||||||
22 | sheriff's residential and transition treatment program
for | ||||||
23 | women, the court shall proceed to sentence the woman
to any | ||||||
24 | other disposition authorized by this Code. If the
woman does | ||||||
25 | not successfully complete the residential and
transition | ||||||
26 | treatment program for women, the woman's failure to do
so shall | ||||||
27 | constitute a violation of the sentence to the
residential and | ||||||
28 | transition treatment program for women.
| ||||||
29 | (c) In order to
be eligible to be a participant in the | ||||||
30 | pilot residential and transition treatment program for
women, | ||||||
31 | the participant shall meet all of the following
conditions:
| ||||||
32 | (1)
The woman has not been convicted of a violent crime | ||||||
33 | as defined in subsection (c)
of Section 3 of the Rights of | ||||||
34 | Crime Victims and Witnesses
Act, a Class X felony, first or | ||||||
35 | second degree murder, armed
violence, aggravated | ||||||
36 | kidnapping, criminal sexual
assault, aggravated criminal |
| |||||||
| |||||||
1 | sexual abuse or a subsequent
conviction for criminal sexual | ||||||
2 | abuse, forcible detention, or
arson and has not been | ||||||
3 | previously convicted of any of
those offenses.
| ||||||
4 | (2)
The woman must undergo an initial assessment | ||||||
5 | evaluation to determine the
treatment and program plan.
| ||||||
6 | (3)
The woman was recommended and accepted for | ||||||
7 | placement in the pilot
residential and transition | ||||||
8 | treatment program for women by
the Department of | ||||||
9 | Corrections and has consented
in writing to participation | ||||||
10 | in the program under the terms
and conditions of the | ||||||
11 | program. The Department of
Corrections may consider | ||||||
12 | whether space is
available. | ||||||
13 | (d) The program
may include a substance abuse treatment | ||||||
14 | program designed for women offenders, mental health,
trauma, | ||||||
15 | and medical treatment; parenting skills and family
| ||||||
16 | relationship counseling, preparation for a GED or
vocational | ||||||
17 | certificate; life skills program; job readiness and
job skill | ||||||
18 | training, and a community transition development
plan. | ||||||
19 | (e) With the
approval of the Department of Corrections, the | ||||||
20 | sheriff shall issue requirements for the program and
inform the | ||||||
21 | participants who shall sign an agreement to adhere to
all rules | ||||||
22 | and all requirements for the pilot residential and
transition | ||||||
23 | treatment program. | ||||||
24 | (f) Participation
in the pilot residential and transition | ||||||
25 | treatment program for women shall be for a period not
to exceed | ||||||
26 | 12 months. The period may not be reduced by
accumulation of | ||||||
27 | good time. | ||||||
28 | (g) If the woman
successfully completes the pilot | ||||||
29 | residential and transition treatment program for
women, the | ||||||
30 | sheriff shall notify the Department of Corrections,
the court, | ||||||
31 | and the State's Attorney of the county of the woman's
| ||||||
32 | successful completion. | ||||||
33 | (h) A woman may
be removed from the pilot residential and | ||||||
34 | transition treatment program for women for violation
of the | ||||||
35 | terms and conditions of the program or in the event
she is | ||||||
36 | unable to participate. The failure to complete the
program |
| |||||||
| |||||||
1 | shall be deemed a violation of the conditions of the
program. | ||||||
2 | The sheriff shall give notice to the Department of
Corrections, | ||||||
3 | the court, and the State's Attorney of the woman's
failure to | ||||||
4 | complete the program. The Department of Corrections or
its | ||||||
5 | designee shall file a petition alleging that the woman
has | ||||||
6 | violated the conditions of the program with the court.
The | ||||||
7 | State's Attorney may proceed on the petition under
Section | ||||||
8 | 5-4-1 of this Code. | ||||||
9 | (i) The
conditions of the pilot residential and transition | ||||||
10 | treatment program for women shall include that the
woman while | ||||||
11 | in the program:
| ||||||
12 | (1)
not violate any criminal statute of any | ||||||
13 | jurisdiction;
| ||||||
14 | (2)
report or appear in person before any person or | ||||||
15 | agency as directed by the
court, the sheriff, or Department | ||||||
16 | of Corrections;
| ||||||
17 | (3)
refrain from possessing a firearm or other | ||||||
18 | dangerous weapon;
| ||||||
19 | (4)
consent to drug testing;
| ||||||
20 | (5)
not leave the State without the consent of the | ||||||
21 | court or, in circumstances in
which reason for the absence | ||||||
22 | is of such an emergency nature
that prior consent by the | ||||||
23 | court is not possible, without
prior notification and | ||||||
24 | approval of the Department of
Corrections;
| ||||||
25 | (6)
upon placement in the program, must agree to follow | ||||||
26 | all requirements of the
program . ;
| ||||||
27 | (j) The
Department of Corrections or the sheriff may | ||||||
28 | terminate the program at any time by mutual agreement
or with | ||||||
29 | 30 days prior written notice by either the Department
of | ||||||
30 | Corrections or the sheriff. | ||||||
31 | (k) The
Department of Corrections may enter into a joint | ||||||
32 | contract with a county with more than 3,000,000
inhabitants to | ||||||
33 | establish and operate a pilot residential and
treatment program | ||||||
34 | for women. | ||||||
35 | (l) The Director
of the Department of Corrections shall | ||||||
36 | have the authority to develop rules to establish and
operate a |
| |||||||
| |||||||
1 | pilot residential and treatment program for women that
shall | ||||||
2 | include criteria for selection of the participants of
the | ||||||
3 | program in conjunction and approval by the sentencing
court. | ||||||
4 | Violent crime offenders are not eligible to
participate in the | ||||||
5 | program. | ||||||
6 | (m) The
Department shall report to the Governor and the | ||||||
7 | General Assembly before September 30th of each year on
the | ||||||
8 | pilot residential and treatment program for women,
including | ||||||
9 | the composition of the program by offenders, sentence,
age, | ||||||
10 | offense, and race. | ||||||
11 | (n) The
Department of Corrections or the sheriff may | ||||||
12 | terminate the program with 30 days prior written
notice. | ||||||
13 | (o) A county with
more than 3,000,000 inhabitants is | ||||||
14 | authorized to apply for funding from federal, local or
private | ||||||
15 | entities to create a Residential and Treatment Program
for | ||||||
16 | Women. This sentencing option may not go into effect
until the | ||||||
17 | funding is secured for the program and the program has
been | ||||||
18 | established. | ||||||
19 | (Source: P.A. 92-806, eff. 1-1-03; revised
1-20-03.)
| ||||||
20 | (730 ILCS
5/5-9-1.12)
| ||||||
21 | Sec. 5-9-1.12.
Arson fines.
| ||||||
22 | (a) In addition
to any other penalty imposed, a fine of | ||||||
23 | $500 shall be imposed upon a person convicted of the
offense of | ||||||
24 | arson, residential arson, or aggravated
arson. | ||||||
25 | (b) The
additional fine shall be assessed by the court | ||||||
26 | imposing sentence and shall be collected by the
Circuit Clerk | ||||||
27 | in addition to the fine, if any, and costs in the
case. Each | ||||||
28 | such additional fine shall be remitted by the Circuit
Clerk | ||||||
29 | within one month after receipt to the State Treasurer
for | ||||||
30 | deposit into the Fire Prevention Fund. The Circuit
Clerk shall | ||||||
31 | retain 10% of such fine to cover the costs incurred in
| ||||||
32 | administering and enforcing this Section. The
additional fine | ||||||
33 | may not be considered a part of the fine for purposes
of any | ||||||
34 | reduction in the fine for time served either before or
after | ||||||
35 | sentencing. |
| |||||||
| |||||||
1 | (c) The moneys in
the Fire Prevention Fund collected as | ||||||
2 | additional fines under this Section shall be
distributed by the | ||||||
3 | Office of the State Fire Marshal to the fire
department or fire | ||||||
4 | protection district that suppressed or investigated
the fire | ||||||
5 | that was set by the defendant and for which the
defendant was | ||||||
6 | convicted of arson, residential arson, or aggravated
arson. If | ||||||
7 | more than one fire department or fire protection
district | ||||||
8 | suppressed or investigated the fire, the additional
fine shall | ||||||
9 | be distributed equally among those departments or
districts. | ||||||
10 | (d) The moneys
distributed to the fire departments or fire | ||||||
11 | protection districts under this Section may only be
used to | ||||||
12 | purchase fire suppression or fire investigation
equipment. | ||||||
13 | (Source: P.A. 93-169, eff. 7-10-03.)
| ||||||
14 | (730 ILCS
5/5-9-1.13)
| ||||||
15 | Sec.
5-9-1.13
5-9-1.12 .
Applications for transfer to other | ||||||
16 | states. A person subject to conditions of
probation, parole, | ||||||
17 | or mandatory supervised release who seeks to transfer
to | ||||||
18 | another state subject to the Interstate Compact for
Adult | ||||||
19 | Offender Supervision must make provisions for the
payment of | ||||||
20 | any restitution awarded by the circuit court and pay a
fee of | ||||||
21 | $125 to the proper administrative or judicial
authorities | ||||||
22 | before being granted the transfer, or otherwise
arrange for | ||||||
23 | payment. The fee payment from persons subject to a
sentence of | ||||||
24 | probation shall be deposited into the general fund of
the | ||||||
25 | county in which the circuit has jurisdiction. The fee
payment | ||||||
26 | from persons subject to parole or mandatory supervised
release | ||||||
27 | shall be deposited into the General Revenue Fund. The
proceeds | ||||||
28 | of this fee shall be used to defray the costs of the
Department | ||||||
29 | of Corrections or county sheriff departments,
respectively, | ||||||
30 | who will be required to retrieve offenders that
violate the | ||||||
31 | terms of their transfers to other states. Upon return
to the | ||||||
32 | State of Illinois, these persons shall also be subject
to | ||||||
33 | reimbursing either the State of Illinois or the county
for the | ||||||
34 | actual costs of returning them to
Illinois. | ||||||
35 | (Source: P.A. 93-475, eff. 8-8-03; revised
9-26-03.) |
| |||||||
| |||||||
1 | Section 500.
The Probation and Probation Officers Act is | ||||||
2 | amended by changing Section 15 as
follows:
| ||||||
3 | (730 ILCS
110/15) (from Ch. 38, par.
204-7)
| ||||||
4 | Sec. 15.
(1) The Supreme Court of Illinois may establish a
| ||||||
5 | Division of Probation Services whose purpose shall be
the | ||||||
6 | development, establishment, promulgation, and
enforcement of | ||||||
7 | uniform standards for probation services in this
State, and to | ||||||
8 | otherwise carry out the intent of this Act. The
Division may:
| ||||||
9 | (a)
establish qualifications for chief probation | ||||||
10 | officers and other probation
and court services personnel | ||||||
11 | as to hiring, promotion, and
training.
| ||||||
12 | (b)
make available, on a timely basis, lists of those | ||||||
13 | applicants whose
qualifications meet the regulations | ||||||
14 | referred to herein, including
on said lists all candidates | ||||||
15 | found qualified.
| ||||||
16 | (c)
establish a means of verifying the conditions for | ||||||
17 | reimbursement under this Act
and develop criteria for | ||||||
18 | approved costs for
reimbursement.
| ||||||
19 | (d)
develop standards and approve employee | ||||||
20 | compensation schedules for
probation and court services | ||||||
21 | departments.
| ||||||
22 | (e)
employ sufficient personnel in the Division to | ||||||
23 | carry out the functions of the
Division.
| ||||||
24 | (f)
establish a system of training and establish | ||||||
25 | standards for personnel
orientation and training.
| ||||||
26 | (g)
develop standards for a system of record keeping | ||||||
27 | for cases and programs, gather
statistics, establish a | ||||||
28 | system of uniform forms, and
develop research for planning | ||||||
29 | of Probation
Services.
| ||||||
30 | (h)
develop standards to assure adequate support | ||||||
31 | personnel, office space,
equipment and supplies, travel | ||||||
32 | expenses, and other essential
items necessary for | ||||||
33 | Probation and Court Services
Departments to carry out their | ||||||
34 | duties.
|
| |||||||
| |||||||
1 | (i)
review and approve annual plans submitted by | ||||||
2 | Probation and Court Services
Departments.
| ||||||
3 | (j)
monitor and evaluate all programs operated by | ||||||
4 | Probation and Court Services
Departments, and may include | ||||||
5 | in the program evaluation
criteria such factors as the | ||||||
6 | percentage of Probation
sentences for felons convicted of | ||||||
7 | Probationable
offenses.
| ||||||
8 | (k)
seek the cooperation of local and State government | ||||||
9 | and private agencies to
improve the quality of probation | ||||||
10 | and court
services.
| ||||||
11 | (l)
where appropriate, establish programs and | ||||||
12 | corresponding standards
designed to generally improve the | ||||||
13 | quality of probation and court
services and reduce the rate | ||||||
14 | of adult or juvenile offenders
committed to the Department | ||||||
15 | of Corrections.
| ||||||
16 | (m)
establish such other standards and regulations and | ||||||
17 | do all acts necessary to carry
out the intent and purposes | ||||||
18 | of this Act.
| ||||||
19 | The Division
shall establish a model list of structured | ||||||
20 | intermediate sanctions that may be imposed by a
probation | ||||||
21 | agency for violations of terms and conditions of a
sentence of | ||||||
22 | probation, conditional discharge, or
supervision. | ||||||
23 | The State of
Illinois shall provide for the costs of | ||||||
24 | personnel, travel, equipment, telecommunications,
postage, | ||||||
25 | commodities, printing, space, contractual services and
other | ||||||
26 | related costs necessary to carry out the intent of
this Act. | ||||||
27 | (2) (a) The chief
judge of each circuit shall provide | ||||||
28 | full-time probation services for all counties within
the | ||||||
29 | circuit, in a manner consistent with the annual
probation plan, | ||||||
30 | the standards, policies, and regulations established
by the | ||||||
31 | Supreme Court. A probation district of two or more
counties | ||||||
32 | within a circuit may be created for the purposes of
providing | ||||||
33 | full-time probation services. Every county or group of
counties | ||||||
34 | within a circuit shall maintain a probation department
which | ||||||
35 | shall be under the authority of the Chief Judge of the
circuit | ||||||
36 | or some other judge designated by the Chief Judge. The
Chief |
| |||||||
| |||||||
1 | Judge, through the Probation and Court Services
Department | ||||||
2 | shall submit annual plans to the Division for
probation and | ||||||
3 | related services. | ||||||
4 | (b) The Chief
Judge of each circuit shall appoint the Chief | ||||||
5 | Probation Officer and all other probation officers for
his or | ||||||
6 | her circuit from lists of qualified applicants
supplied by the | ||||||
7 | Supreme Court. Candidates for chief managing officer
and other | ||||||
8 | probation officer positions must apply with both the
Chief | ||||||
9 | Judge of the circuit and the Supreme
Court. | ||||||
10 | (3) A Probation
and Court Service Department shall apply to | ||||||
11 | the Supreme Court for funds for basic services, and
may apply | ||||||
12 | for funds for new and expanded programs or
Individualized | ||||||
13 | Services and Programs. Costs shall be reimbursed
monthly based | ||||||
14 | on a plan and budget approved by the Supreme Court. No
| ||||||
15 | Department may be reimbursed for costs which exceed or
are not | ||||||
16 | provided for in the approved annual plan and budget.
After the | ||||||
17 | effective date of this amendatory Act of 1985, each
county must | ||||||
18 | provide basic services in accordance with the annual
plan and | ||||||
19 | standards created by the division. No department may
receive | ||||||
20 | funds for new or expanded programs or individualized
services | ||||||
21 | and programs unless they are in compliance with
standards as | ||||||
22 | enumerated in paragraph (h) of subsection (1) of this
Section, | ||||||
23 | the annual plan, and standards for basic
services. | ||||||
24 | (4) The Division
shall reimburse the county or counties for | ||||||
25 | probation services as follows:
| ||||||
26 | (a)
100% of the salary of all chief managing officers | ||||||
27 | designated as such by the
Chief Judge and the division.
| ||||||
28 | (b)
100% of the salary for all probation officer and | ||||||
29 | supervisor positions approved
for reimbursement by the | ||||||
30 | division after April 1, 1984,
to meet workload standards | ||||||
31 | and to implement intensive
sanction and probation | ||||||
32 | supervision programs and other
basic services as defined in | ||||||
33 | this Act.
| ||||||
34 | (c)
100% of the salary for all secure detention | ||||||
35 | personnel and non-secure group
home personnel approved for | ||||||
36 | reimbursement after December
1, 1990. For all such |
| |||||||
| |||||||
1 | positions approved for
reimbursement before December 1, | ||||||
2 | 1990, the counties shall be
reimbursed $1,250 per month | ||||||
3 | beginning July 1, 1995, and an
additional $250 per month | ||||||
4 | beginning each July 1st
thereafter until the positions | ||||||
5 | receive 100% salary
reimbursement. Allocation of such | ||||||
6 | positions will be based on
comparative need considering | ||||||
7 | capacity, staff/resident
ratio, physical plant and | ||||||
8 | program.
| ||||||
9 | (d)
$1,000 per month for salaries for the remaining | ||||||
10 | probation officer positions
engaged in basic services and | ||||||
11 | new or expanded services. All
such positions shall be | ||||||
12 | approved by the division in
accordance with this Act and | ||||||
13 | division
standards.
| ||||||
14 | (e)
100% of the travel expenses in accordance with | ||||||
15 | Division standards for all
Probation positions approved | ||||||
16 | under paragraph (b) of
subsection 4 of this Section.
| ||||||
17 | (f)
If the amount of funds reimbursed to the county | ||||||
18 | under paragraphs (a) through
(e) of subsection 4 of this | ||||||
19 | Section on an annual basis is
less than the amount the | ||||||
20 | county had received during the
12 month period immediately | ||||||
21 | prior to the effective date of
this amendatory Act of 1985, | ||||||
22 | then the Division shall
reimburse the amount of the | ||||||
23 | difference to the county. The
effect of paragraph (b) of | ||||||
24 | subsection 7 of this Section
shall be considered in | ||||||
25 | implementing this supplemental
reimbursement provision. | ||||||
26 | (5) The Division
shall provide funds beginning on April 1, | ||||||
27 | 1987 for the counties to provide Individualized
Services and | ||||||
28 | Programs as provided in Section 16 of this
Act. | ||||||
29 | (6) A Probation
and Court Services Department in order to | ||||||
30 | be eligible for the reimbursement must submit to the
Supreme | ||||||
31 | Court an application containing such information and
in such a | ||||||
32 | form and by such dates as the Supreme Court may
require. | ||||||
33 | Departments to be eligible for funding must satisfy
the | ||||||
34 | following conditions:
| ||||||
35 | (a)
The Department shall have on file with the Supreme | ||||||
36 | Court an annual Probation plan
for continuing, improved, |
| |||||||
| |||||||
1 | and new Probation and Court
Services Programs approved by | ||||||
2 | the Supreme Court or its
designee. This plan shall indicate | ||||||
3 | the manner in which Probation
and Court Services will be | ||||||
4 | delivered and improved,
consistent with the minimum | ||||||
5 | standards and regulations for
Probation and Court | ||||||
6 | Services, as established by
the Supreme Court. In counties | ||||||
7 | with more than one Probation
and Court Services Department | ||||||
8 | eligible to receive funds, all
Departments within that | ||||||
9 | county must submit plans which
are approved by the Supreme | ||||||
10 | Court.
| ||||||
11 | (b)
The annual probation plan shall seek to generally | ||||||
12 | improve the quality of
probation services and to reduce the | ||||||
13 | commitment of adult and
juvenile offenders to the | ||||||
14 | Department of Corrections and
shall require, when | ||||||
15 | appropriate, coordination with
the Department of | ||||||
16 | Corrections and the Department
of Children and Family | ||||||
17 | Services in the development
and use of community resources, | ||||||
18 | information systems, case
review and permanency planning | ||||||
19 | systems to avoid the
duplication of services.
| ||||||
20 | (c)
The Department shall be in compliance with | ||||||
21 | standards developed by the
Supreme Court for basic, new and | ||||||
22 | expanded services, training,
personnel hiring and | ||||||
23 | promotion.
| ||||||
24 | (d)
The Department shall in its annual plan indicate | ||||||
25 | the manner in which it will
support the rights of crime | ||||||
26 | victims and in which manner it
will implement Article I, | ||||||
27 | Section 8.1 of the Illinois
Constitution and in what manner | ||||||
28 | it will coordinate crime
victims' support services with | ||||||
29 | other criminal justice
agencies within its jurisdiction, | ||||||
30 | including but not limited to,
the State's Attorney, the | ||||||
31 | Sheriff and any municipal
police department. | ||||||
32 | (7) No statement
shall be verified by the Supreme Court or | ||||||
33 | its designee or vouchered by the Comptroller unless
each of the | ||||||
34 | following conditions have been met:
| ||||||
35 | (a)
The probation officer is a full-time employee | ||||||
36 | appointed by the Chief Judge
to provide probation services.
|
| |||||||
| |||||||
1 | (b)
The probation officer, in order to be eligible for | ||||||
2 | State reimbursement, is
receiving a salary of at least | ||||||
3 | $17,000 per year.
| ||||||
4 | (c)
The probation officer is appointed or was | ||||||
5 | reappointed in accordance with
minimum qualifications or | ||||||
6 | criteria established by the
Supreme Court; however, all | ||||||
7 | probation officers appointed
prior to January 1, 1978, | ||||||
8 | shall be exempted from the
minimum requirements | ||||||
9 | established by the Supreme
Court. Payments shall be made to | ||||||
10 | counties employing these
exempted probation officers as | ||||||
11 | long as they are employed in
the position held on the | ||||||
12 | effective date of this
amendatory Act of 1985. Promotions | ||||||
13 | shall be governed by minimum
qualifications established by | ||||||
14 | the Supreme
Court.
| ||||||
15 | (d)
The Department has an established compensation | ||||||
16 | schedule approved by the
Supreme Court. The compensation | ||||||
17 | schedule shall include salary
ranges with necessary | ||||||
18 | increments to compensate each
employee. The increments | ||||||
19 | shall, within the salary
ranges, be based on such factors | ||||||
20 | as bona fide occupational
qualifications, performance, and | ||||||
21 | length of service. Each
position in the Department shall be | ||||||
22 | placed on the compensation
schedule according to job duties | ||||||
23 | and responsibilities of such
position. The policy and | ||||||
24 | procedures of the compensation
schedule shall be made | ||||||
25 | available to each
employee. | ||||||
26 | (8) In order to
obtain full reimbursement of all approved | ||||||
27 | costs, each Department must continue to employ at
least the | ||||||
28 | same number of probation officers and probation
managers as | ||||||
29 | were authorized for employment for the fiscal year
which | ||||||
30 | includes January 1, 1985. This number shall be
designated as | ||||||
31 | the base amount of the Department. No positions
approved by the | ||||||
32 | Division under paragraph (b) of subsection 4 will be
included | ||||||
33 | in the base amount. In the event that the Department
employs | ||||||
34 | fewer Probation officers and Probation managers than
the base | ||||||
35 | amount for a period of 90 days, funding received by
the | ||||||
36 | Department under subsection 4 of this Section may be
reduced on |
| |||||||
| |||||||
1 | a monthly basis by the amount of the current salaries
of any | ||||||
2 | positions below the base amount.
| ||||||
3 | (9) Before the
15th day of each month, the treasurer of any | ||||||
4 | county which has a Probation and Court Services
Department, or | ||||||
5 | the treasurer of the most populous county, in the case
of a | ||||||
6 | Probation or Court Services Department funded by more
than one | ||||||
7 | county, shall submit an itemized statement of all
approved | ||||||
8 | costs incurred in the delivery of Basic Probation and
Court | ||||||
9 | Services under this Act to the Supreme Court. The
treasurer may | ||||||
10 | also submit an itemized statement of all approved
costs | ||||||
11 | incurred in the delivery of new and expanded Probation
and | ||||||
12 | Court Services as well as Individualized Services and
Programs. | ||||||
13 | The Supreme Court or its designee shall verify
compliance with | ||||||
14 | this Section and shall examine and audit the monthly
statement | ||||||
15 | and, upon finding them to be correct, shall forward
them to the | ||||||
16 | Comptroller for payment to the county treasurer. In
the case of | ||||||
17 | payment to a treasurer of a county which is the most
populous | ||||||
18 | of counties sharing the salary and expenses of a
Probation and | ||||||
19 | Court Services Department, the treasurer shall divide
the money | ||||||
20 | between the counties in a manner that reflects each
county's | ||||||
21 | share of the cost incurred by the
Department. | ||||||
22 | (10) The county
treasurer must certify that funds received | ||||||
23 | under this Section shall be used solely to maintain
and improve | ||||||
24 | Probation and Court Services. The county or circuit
shall | ||||||
25 | remain in compliance with all standards, policies and
| ||||||
26 | regulations established by the Supreme Court. If at
any time | ||||||
27 | the Supreme Court determines that a county or circuit
is not in | ||||||
28 | compliance, the Supreme Court shall immediately notify
the | ||||||
29 | Chief Judge, county board chairman and the Director of
Court | ||||||
30 | Services Chief Probation Officer. If after 90 days of
written | ||||||
31 | notice the noncompliance still exists, the Supreme
Court shall | ||||||
32 | be required to reduce the amount of monthly
reimbursement by | ||||||
33 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
34 | occur for each consecutive month of noncompliance.
Except as | ||||||
35 | provided in subsection 5 of Section 15, funding to
counties | ||||||
36 | shall commence on April 1, 1986. Funds received under
this Act |
| |||||||
| |||||||
1 | shall be used to provide for Probation Department
expenses | ||||||
2 | including those required under Section 13 of this Act.
For | ||||||
3 | State fiscal year 2004 only, the Mandatory Arbitration
Fund may | ||||||
4 | be used to provide for Probation Department expenses,
including | ||||||
5 | those required under Section 13 of this
Act. | ||||||
6 | (11) The
respective counties shall be responsible for | ||||||
7 | capital and space costs, fringe benefits, clerical
costs, | ||||||
8 | equipment, telecommunications, postage, commodities
and | ||||||
9 | printing. | ||||||
10 | (12) For purposes
of this Act only, probation officers | ||||||
11 | shall be considered peace officers. In the exercise of
their | ||||||
12 | official duties, probation officers, sheriffs, and
police | ||||||
13 | officers may, anywhere within the State, arrest any
probationer | ||||||
14 | who is in violation of any of the conditions of his or
her | ||||||
15 | probation, conditional discharge, or supervision, and
it shall | ||||||
16 | be the duty of the officer making the arrest to take
the | ||||||
17 | probationer before the Court having jurisdiction over
the | ||||||
18 | probationer for further order.
| ||||||
19 | (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff.
1-1-04; revised | ||||||
20 | 9-23-03.) | ||||||
21 | Section 505.
The Code of Civil Procedure is amended by | ||||||
22 | setting forth and renumbering multiple versions of
Section | ||||||
23 | 7-103.102 as follows: | ||||||
24 | (735 ILCS
5/7-103.102) | ||||||
25 | Sec. 7-103.102.
Quick-take; Lake County. Quick-take
| ||||||
26 | proceedings under Section 7-103 may be used for a
period of 2 | ||||||
27 | years after the effective date of this amendatory Act
of the | ||||||
28 | 93rd General Assembly by Lake County for the
acquisition of | ||||||
29 | property necessary for the purpose of improving County
Highway | ||||||
30 | 31 (Rollins Road) from Illinois Route 83 to U.S. Route
45.
| ||||||
31 | (Source: P.A. 93-646, eff.
12-31-03.) | ||||||
32 | (735 ILCS
5/7-103.111) | ||||||
33 | Sec.
7-103.111.
7-103.102.
Quick-take; Village of |
| |||||||
| |||||||
1 | Palatine. Quick-take proceedings under
Section 7-103 may be | ||||||
2 | used for a period of 60 months after the effective
date of this | ||||||
3 | amendatory Act of the 93rd General Assembly by the
Village of | ||||||
4 | Palatine for the acquisition of property for the
purposes of | ||||||
5 | the Downtown Tax Increment Redevelopment Project Area,
bounded | ||||||
6 | generally by Plum Grove Road on the East, Palatine
Road on the | ||||||
7 | South, Cedar Street on the West, and Colfax Street on
the | ||||||
8 | North, and the Rand Corridor Redevelopment Project
Area, | ||||||
9 | bounded generally by Dundee Road on the South,
Lake-Cook Road | ||||||
10 | on the North, and on the East and West by Rand Road,
in the | ||||||
11 | Village of Palatine more specifically described in the
| ||||||
12 | following ordinances adopted by the Village of
Palatine: | ||||||
13 | Village
ordinance 0-224-99, adopted December 13, 1999; | ||||||
14 | Village
ordinance 0-225-99, adopted December 13, 1999; | ||||||
15 | Village
ordinance 0-226-99, adopted December 13, 1999; | ||||||
16 | Village
ordinance 0-13-00, adopted January 24, 2000, | ||||||
17 | correcting certain scrivener's
errors and attached as | ||||||
18 | exhibit A to the foregoing
legal descriptions; | ||||||
19 | Village
ordinance 0-23-03, adopted January 27, 2003; | ||||||
20 | Village
ordinance 0-24-03, adopted January 27, 2003; | ||||||
21 | and | ||||||
22 | Village
ordinance 0-25-03, adopted January 27, 2003.
| ||||||
23 | (Source: P.A. 93-602, eff. 11-18-03; revised
1-13-04.) | ||||||
24 | (735 ILCS
5/7-103.112) | ||||||
25 | Sec.
7-103.112.
7-103.102.
Quick-take; Bi-State | ||||||
26 | Development Agency; MetroLink Light Rail System.
Quick-take | ||||||
27 | proceedings under Section 7-103 may be used for a
period from | ||||||
28 | September 1, 2003 through September 1, 2004 by the
Bi-State | ||||||
29 | Development Agency of the Missouri-Illinois
Metropolitan | ||||||
30 | District for station area development, transit
oriented | ||||||
31 | development and economic development initiatives in
support of | ||||||
32 | the MetroLink Light Rail System, beginning in East St.
Louis, | ||||||
33 | Illinois, and terminating at MidAmerica Airport, St.
Clair | ||||||
34 | County, Illinois.
| ||||||
35 | (Source: P.A. 93-603, eff. 11-19-03; revised
1-13-04.) |
| |||||||
| |||||||
1 | Section 510.
The State Lawsuit Immunity Act is amended by | ||||||
2 | changing Section 1 as follows: | ||||||
3 | (745 ILCS
5/1) (from Ch. 127, par.
801)
| ||||||
4 | Sec. 1.
Except as provided in the Illinois Public Labor | ||||||
5 | Relations Act, the Court of Claims Act,
and the State Officials
| ||||||
6 | and Employees Ethics Act,
and
or Section 1.5 of this Act, the
| ||||||
7 | State of Illinois shall not be made a defendant or
party in any | ||||||
8 | court.
| ||||||
9 | (Source: P.A. 93-414, eff. 1-1-04; 93-615, eff.
11-19-03; | ||||||
10 | revised 12-19-03.)
| ||||||
11 | Section 515.
The Non-Support Punishment Act is amended by | ||||||
12 | changing Section 20 as follows:
| ||||||
13 | (750 ILCS
16/20)
| ||||||
14 | Sec. 20.
Entry of order for support; income withholding.
| ||||||
15 | (a) In a case in
which no court or administrative order for | ||||||
16 | support is in effect against the
defendant:
| ||||||
17 | (1)
at any time before the trial, upon motion of the | ||||||
18 | State's Attorney, or of the
Attorney General if the action | ||||||
19 | has been instituted by his
office, and upon notice to the | ||||||
20 | defendant, or at the time of
arraignment or as a condition | ||||||
21 | of postponement of
arraignment, the court may enter such | ||||||
22 | temporary order for support as
may seem just, providing for | ||||||
23 | the support or maintenance of
the spouse or child or | ||||||
24 | children of the defendant, or
both, pendente lite; or
| ||||||
25 | (2)
before trial with the consent of the defendant, or | ||||||
26 | at the trial on entry of a
plea of guilty, or after | ||||||
27 | conviction, instead of
imposing the penalty provided in | ||||||
28 | this Act, or in addition
thereto, the court may enter an | ||||||
29 | order for support, subject to
modification by the court | ||||||
30 | from time to time as
circumstances may require, directing | ||||||
31 | the defendant to pay a certain
sum for maintenance of the | ||||||
32 | spouse, or for support of the
child or children, or both. |
| |||||||
| |||||||
1 | (b) The court
shall determine the amount of child support | ||||||
2 | by using the guidelines and standards set forth in
subsection | ||||||
3 | (a) of Section 505 and in Section 505.2 of the
Illinois | ||||||
4 | Marriage and Dissolution of Marriage Act.
| ||||||
5 | If (i) the
non-custodial parent was properly served with a | ||||||
6 | request for discovery of financial information
relating to the | ||||||
7 | non-custodial parent's ability to provide child
support, (ii) | ||||||
8 | the non-custodial parent failed to comply with the
request, | ||||||
9 | despite having been ordered to do so by the court, and
(iii) | ||||||
10 | the non-custodial parent is not present at the hearing
to | ||||||
11 | determine support despite having received proper
notice, then | ||||||
12 | any relevant financial information concerning the
| ||||||
13 | non-custodial parent's ability to provide support that
was | ||||||
14 | obtained pursuant to subpoena and proper notice shall
be | ||||||
15 | admitted into evidence without the need to establish
any | ||||||
16 | further foundation for its admission.
| ||||||
17 | (c) The court
shall determine the amount of maintenance | ||||||
18 | using the standards set forth in Section 504 of the
Illinois | ||||||
19 | Marriage and Dissolution of Marriage Act.
| ||||||
20 | (d) The court
may, for violation of any order under this | ||||||
21 | Section, punish the offender as for a contempt of
court, but no | ||||||
22 | pendente lite order shall remain in effect longer than
4 | ||||||
23 | months, or after the discharge of any panel of jurors
summoned | ||||||
24 | for service thereafter in such court, whichever is
sooner. | ||||||
25 | (e) Any order for
support entered by the court under this | ||||||
26 | Section shall be deemed to be a series of judgments
against the | ||||||
27 | person obligated to pay support under the judgments,
each such | ||||||
28 | judgment to be in the amount of each payment or
installment of | ||||||
29 | support and each judgment to be deemed entered as of
the date | ||||||
30 | the corresponding payment or installment becomes due
under the | ||||||
31 | terms of the support order. Each judgment shall have
the full | ||||||
32 | force, effect, and attributes of any other judgment of
this | ||||||
33 | State, including the ability to be enforced. Each
judgment is | ||||||
34 | subject to modification or termination only in
accordance with | ||||||
35 | Section 510 of the Illinois Marriage and Dissolution
of | ||||||
36 | Marriage Act. A lien arises by operation of law
against the |
| |||||||
| |||||||
1 | real and personal property of the noncustodial parent
for each | ||||||
2 | installment of overdue support owed by the
noncustodial parent. | ||||||
3 | (f) An order for
support entered under this Section shall | ||||||
4 | include a provision requiring the obligor to report to
the | ||||||
5 | obligee and to the clerk of the court within 10 days
each time | ||||||
6 | the obligor obtains new employment, and each time the
obligor's | ||||||
7 | employment is terminated for any reason. The report
shall be in | ||||||
8 | writing and shall, in the case of new employment,
include the | ||||||
9 | name and address of the new employer.
| ||||||
10 | Failure to report
new employment or the termination of | ||||||
11 | current employment, if coupled with nonpayment of
support for a | ||||||
12 | period in excess of 60 days, is indirect criminal
contempt. For | ||||||
13 | any obligor arrested for failure to report new
employment, bond | ||||||
14 | shall be set in the amount of the child support that
should | ||||||
15 | have been paid during the period of unreported
employment. | ||||||
16 | An order for
support entered under this Section shall also | ||||||
17 | include a provision requiring the obligor and obligee
parents | ||||||
18 | to advise each other of a change in residence within 5
days of | ||||||
19 | the change except when the court finds that the
physical, | ||||||
20 | mental, or emotional health of a party or of a minor
child, or | ||||||
21 | both, would be seriously endangered by disclosure of
the | ||||||
22 | party's address. | ||||||
23 | (g) An order for
support entered or modified in a case in | ||||||
24 | which a party is receiving child support enforcement
services | ||||||
25 | under Article X of the Illinois Public Aid Code shall
include a | ||||||
26 | provision requiring the noncustodial parent to notify
the | ||||||
27 | Illinois Department of Public Aid, within 7 days, of
the name | ||||||
28 | and address of any new employer of the noncustodial
parent, | ||||||
29 | whether the noncustodial parent has access to health
insurance | ||||||
30 | coverage through the employer or other group coverage
and, if | ||||||
31 | so, the policy name and number and the names of
persons covered | ||||||
32 | under the policy. | ||||||
33 | (h) In any
subsequent action to enforce an order for | ||||||
34 | support entered under this Act, upon sufficient
showing that | ||||||
35 | diligent effort has been made to ascertain the
location of the | ||||||
36 | noncustodial parent, service of process or provision
of notice |
| |||||||
| |||||||
1 | necessary in that action may be made at the last known
address | ||||||
2 | of the noncustodial parent, in any manner expressly
provided by | ||||||
3 | the Code of Civil Procedure or in this Act, which
service shall | ||||||
4 | be sufficient for purposes of due
process. | ||||||
5 | (i) An order for
support shall include a date on which the | ||||||
6 | current support obligation terminates. The termination
date | ||||||
7 | shall be no earlier than the date on which the child
covered by | ||||||
8 | the order will attain the age of 18. However, if the
child will | ||||||
9 | not graduate from high school until after attaining
the age of | ||||||
10 | 18, then the termination date shall be no earlier than
the | ||||||
11 | earlier of the date on which the child's high school
graduation | ||||||
12 | will occur or the date on which the child will attain
the age | ||||||
13 | of 19. The order for support shall state that the
termination | ||||||
14 | date does not apply to any arrearage that may remain
unpaid on | ||||||
15 | that date. Nothing in this subsection shall be
construed to | ||||||
16 | prevent the court from modifying the order or
terminating the | ||||||
17 | order in the event the child is otherwise
emancipated. | ||||||
18 | (j) A support
obligation, or any portion of a support | ||||||
19 | obligation, which becomes due and remains unpaid for
30 days or | ||||||
20 | more shall accrue simple interest at the rate of 9%
per annum. | ||||||
21 | An order for support entered or modified on or after
January 1, | ||||||
22 | 2002 shall contain a statement that a support
obligation | ||||||
23 | required under the order, or any portion of a support
| ||||||
24 | obligation required under the order, that becomes due
and | ||||||
25 | remains unpaid for 30 days or more shall accrue simple
interest | ||||||
26 | at the rate of 9% per annum. Failure to include the
statement | ||||||
27 | in the order for support does not affect the validity
of the | ||||||
28 | order or the accrual of interest as provided in this
Section. | ||||||
29 | (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff.
7-1-02; | ||||||
30 | 92-876, eff. 6-1-03; revised 9-27-03.)
| ||||||
31 | Section 520.
The Illinois Parentage Act of 1984 is amended | ||||||
32 | by changing Section 14 as
follows:
| ||||||
33 | (750 ILCS
45/14) (from Ch. 40, par.
2514)
| ||||||
34 | Sec. 14.
Judgment.
|
| |||||||
| |||||||
1 | (a) (1) The
judgment shall contain or explicitly reserve | ||||||
2 | provisions concerning any duty and amount of child
support and | ||||||
3 | may contain provisions concerning the custody and
guardianship | ||||||
4 | of the child, visitation privileges with the child,
the | ||||||
5 | furnishing of bond or other security for the payment
of the | ||||||
6 | judgment, which the court shall determine in
accordance with | ||||||
7 | the relevant factors set forth in the Illinois
Marriage and | ||||||
8 | Dissolution of Marriage Act and any other applicable
law of | ||||||
9 | Illinois, to guide the court in a finding in the best
interests | ||||||
10 | of the child. In determining custody, joint custody,
removal, | ||||||
11 | or visitation, the court shall apply the relevant
standards of | ||||||
12 | the Illinois Marriage and Dissolution of Marriage Act,
| ||||||
13 | including Section 609. Specifically, in determining
the amount | ||||||
14 | of any child support award, the court shall use the
guidelines | ||||||
15 | and standards set forth in subsection (a) of Section
505 and in | ||||||
16 | Section 505.2 of the Illinois Marriage and Dissolution
of | ||||||
17 | Marriage Act. For purposes of Section 505 of the
Illinois | ||||||
18 | Marriage and Dissolution of Marriage Act, "net income"
of the | ||||||
19 | non-custodial parent shall include any benefits
available to | ||||||
20 | that person under the Illinois Public Aid Code or from
other | ||||||
21 | federal, State or local government-funded programs.
The court | ||||||
22 | shall, in any event and regardless of the amount of
the | ||||||
23 | non-custodial parent's net income, in its judgment
order the | ||||||
24 | non-custodial parent to pay child support to the
custodial | ||||||
25 | parent in a minimum amount of not less than $10 per
month. In | ||||||
26 | an action brought within 2 years after a child's
birth, the | ||||||
27 | judgment or order may direct either parent to pay the
| ||||||
28 | reasonable expenses incurred by either parent related
to the | ||||||
29 | mother's pregnancy and the delivery of the child. The
judgment | ||||||
30 | or order shall contain the father's social security
number, | ||||||
31 | which the father shall disclose to the court; however,
failure | ||||||
32 | to include the father's social security number on the
judgment | ||||||
33 | or order does not invalidate the judgment or
order. | ||||||
34 | (2) If a judgment
of parentage contains no explicit award | ||||||
35 | of custody, the establishment of a support obligation
or of | ||||||
36 | visitation rights in one parent shall be considered a
judgment |
| |||||||
| |||||||
1 | granting custody to the other parent. If the parentage
judgment | ||||||
2 | contains no such provisions, custody shall be presumed
to be | ||||||
3 | with the mother; however, the presumption shall not
apply if | ||||||
4 | the father has had physical custody for at least 6
months prior | ||||||
5 | to the date that the mother seeks to enforce custodial
rights. | ||||||
6 | (b) The court
shall order all child support payments, | ||||||
7 | determined in accordance with such guidelines, to
commence with | ||||||
8 | the date summons is served. The level of current
periodic | ||||||
9 | support payments shall not be reduced because of
payments set | ||||||
10 | for the period prior to the date of entry of the
support order. | ||||||
11 | The Court may order any child support payments to be
made for a | ||||||
12 | period prior to the commencement of the action. In
determining | ||||||
13 | whether and the extent to which the payments shall be
made for | ||||||
14 | any prior period, the court shall consider all
relevant facts, | ||||||
15 | including the factors for determining the amount of
support | ||||||
16 | specified in the Illinois Marriage and Dissolution of
Marriage | ||||||
17 | Act and other equitable factors including but not
limited to:
| ||||||
18 | (1)
The father's prior knowledge of the fact and | ||||||
19 | circumstances of the child's
birth.
| ||||||
20 | (2)
The father's prior willingness or refusal to help | ||||||
21 | raise or support the
child.
| ||||||
22 | (3)
The extent to which the mother or the public agency | ||||||
23 | bringing the action previously
informed the father of the | ||||||
24 | child's needs or attempted to
seek or require his help in | ||||||
25 | raising or supporting the
child.
| ||||||
26 | (4)
The reasons the mother or the public agency did not | ||||||
27 | file the action
earlier.
| ||||||
28 | (5)
The extent to which the father would be prejudiced | ||||||
29 | by the delay in bringing the
action. | ||||||
30 | For purposes of
determining the amount of child support to | ||||||
31 | be paid for any period before the date the order for
current | ||||||
32 | child support is entered, there is a rebuttable
presumption | ||||||
33 | that the father's net income for the prior period was
the same | ||||||
34 | as his net income at the time the order for current
child | ||||||
35 | support is entered. | ||||||
36 | If (i) the
non-custodial parent was properly served with a
|
| |||||||
| |||||||
1 | request for discovery of financial information
relating to the | ||||||
2 | non-custodial parent's ability to provide child
support, (ii) | ||||||
3 | the non-custodial parent failed to comply with the
request, | ||||||
4 | despite having been ordered to do so by the court, and
(iii) | ||||||
5 | the non-custodial parent is not present at the hearing
to | ||||||
6 | determine support despite having received proper
notice, then | ||||||
7 | any relevant financial information concerning the
| ||||||
8 | non-custodial parent's ability to provide child
support that | ||||||
9 | was obtained pursuant to subpoena and proper notice
shall be | ||||||
10 | admitted into evidence without the need to establish
any | ||||||
11 | further foundation for its admission.
| ||||||
12 | (c) Any new or
existing support order entered by the court | ||||||
13 | under this Section shall be deemed to be a series of
judgments | ||||||
14 | against the person obligated to pay support
thereunder, each | ||||||
15 | judgment to be in the amount of each payment or
installment of | ||||||
16 | support and each such judgment to be deemed entered as
of the | ||||||
17 | date the corresponding payment or installment becomes
due under | ||||||
18 | the terms of the support order. Each judgment shall
have the | ||||||
19 | full force, effect and attributes of any other
judgment of this | ||||||
20 | State, including the ability to be enforced. A lien
arises by | ||||||
21 | operation of law against the real and personal
property of the | ||||||
22 | noncustodial parent for each installment of overdue
support | ||||||
23 | owed by the noncustodial parent.
| ||||||
24 | (d) If the
judgment or order of the court is at variance | ||||||
25 | with the child's birth certificate, the court shall
order that | ||||||
26 | a new birth certificate be issued under the Vital
Records Act. | ||||||
27 | (e) On request of
the mother and the father, the court | ||||||
28 | shall order a change in the child's name. After
hearing | ||||||
29 | evidence the court may stay payment of support during
the | ||||||
30 | period of the father's minority or period of
disability. | ||||||
31 | (f) If, upon a
showing of proper service, the father fails | ||||||
32 | to appear in court, or otherwise appear as provided by
law, the | ||||||
33 | court may proceed to hear the cause upon testimony of
the | ||||||
34 | mother or other parties taken in open court and shall
enter a | ||||||
35 | judgment by default. The court may reserve any order
as to the | ||||||
36 | amount of child support until the father has received
notice, |
| |||||||
| |||||||
1 | by regular mail, of a hearing on the
matter. | ||||||
2 | (g) A one-time
charge of 20% is imposable upon the amount | ||||||
3 | of past-due child support owed on July 1, 1988 which
has | ||||||
4 | accrued under a support order entered by the court.
The charge | ||||||
5 | shall be imposed in accordance with the provisions of
Section | ||||||
6 | 10-21 of the Illinois Public Aid Code and shall be
enforced by | ||||||
7 | the court upon petition. | ||||||
8 | (h) All orders
for support, when entered or modified, shall | ||||||
9 | include a provision requiring the non-custodial parent
to | ||||||
10 | notify the court and, in cases in which party is
receiving | ||||||
11 | child support enforcement services under Article X of
the | ||||||
12 | Illinois Public Aid Code, the Illinois Department of
Public | ||||||
13 | Aid, within 7 days, (i) of the name and address of any
new | ||||||
14 | employer of the non-custodial parent, (ii) whether the
| ||||||
15 | non-custodial parent has access to health insurance
coverage | ||||||
16 | through the employer or other group coverage and, if
so, the | ||||||
17 | policy name and number and the names of persons
covered under | ||||||
18 | the policy, and (iii) of any new residential or
mailing address | ||||||
19 | or telephone number of the non-custodial parent. In
any | ||||||
20 | subsequent action to enforce a support order, upon a
sufficient | ||||||
21 | showing that a diligent effort has been made to
ascertain the | ||||||
22 | location of the non-custodial parent, service of
process or | ||||||
23 | provision of notice necessary in the case may be made
at the | ||||||
24 | last known address of the non-custodial parent in any
manner | ||||||
25 | expressly provided by the Code of Civil Procedure or
this Act, | ||||||
26 | which service shall be sufficient for purposes of due
process. | ||||||
27 | (i) An order for
support shall include a date on which the | ||||||
28 | current support obligation terminates. The termination
date | ||||||
29 | shall be no earlier than the date on which the child
covered by | ||||||
30 | the order will attain the age of 18. However, if the
child will | ||||||
31 | not graduate from high school until after attaining
the age of | ||||||
32 | 18, then the termination date shall be no earlier than
the | ||||||
33 | earlier of the date on which the child's high school
graduation | ||||||
34 | will occur or the date on which the child will attain
the age | ||||||
35 | of 19. The order for support shall state that the
termination | ||||||
36 | date does not apply to any arrearage that may remain
unpaid on |
| |||||||
| |||||||
1 | that date. Nothing in this subsection shall be
construed to | ||||||
2 | prevent the court from modifying the order or
terminating the | ||||||
3 | order in the event the child is otherwise
emancipated. | ||||||
4 | (j) An order
entered under this Section shall include a | ||||||
5 | provision requiring the obligor to report to the
obligee and to | ||||||
6 | the clerk of court within 10 days each time the
obligor obtains | ||||||
7 | new employment, and each time the obligor's employment
is | ||||||
8 | terminated for any reason. The report shall be in
writing and | ||||||
9 | shall, in the case of new employment, include the name
and | ||||||
10 | address of the new employer. Failure to report new
employment | ||||||
11 | or the termination of current employment, if coupled
with | ||||||
12 | nonpayment of support for a period in excess of 60
days, is | ||||||
13 | indirect criminal contempt. For any obligor arrested
for | ||||||
14 | failure to report new employment bond shall be set in
the | ||||||
15 | amount of the child support that should have been paid
during | ||||||
16 | the period of unreported employment. An order entered
under | ||||||
17 | this Section shall also include a provision requiring
the | ||||||
18 | obligor and obligee parents to advise each other of a
change in | ||||||
19 | residence within 5 days of the change except when the
court | ||||||
20 | finds that the physical, mental, or emotional health
of a party | ||||||
21 | or that of a minor child, or both, would be seriously
| ||||||
22 | endangered by disclosure of the party's
address. | ||||||
23 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff.
6-1-03; 93-139, | ||||||
24 | eff. 7-10-03; revised 9-15-03.)
| ||||||
25 | Section 525.
The Illinois Domestic Violence Act of 1986 is | ||||||
26 | amended by changing Sections 219, 224, and 302 as
follows:
| ||||||
27 | (750 ILCS
60/219) (from Ch. 40, par.
2312-19)
| ||||||
28 | Sec. 219.
Plenary order of protection. A plenary order of
| ||||||
29 | protection shall issue if petitioner has served notice
of the | ||||||
30 | hearing for that order on respondent, in accordance
with | ||||||
31 | Section 211, and satisfies the requirements of this
Section for | ||||||
32 | one or more of the requested remedies. For each remedy
| ||||||
33 | requested, petitioner must establish
that: | ||||||
34 | (1) the court has
jurisdiction under Section 208; |
| |||||||
| |||||||
1 | (2) the
requirements of Section 214 are satisfied;
and | ||||||
2 | (3) a general
appearance was made or filed by or for | ||||||
3 | respondent or process was served on respondent in the
manner | ||||||
4 | required by Section 210; and
| ||||||
5 | (4) respondent
has answered or is in default. | ||||||
6 | (Source: P.A. 84-1305; revised 2-25-02.)
| ||||||
7 | (750 ILCS
60/224) (from Ch. 40, par.
2312-24)
| ||||||
8 | Sec. 224.
Modification and re-opening of orders.
| ||||||
9 | (a) Except as
otherwise provided in this Section, upon | ||||||
10 | motion by petitioner, the court may modify an
emergency, | ||||||
11 | interim, or plenary order of protection:
| ||||||
12 | (1)
If respondent has abused petitioner since the | ||||||
13 | hearing for that order, by
adding or altering one or more | ||||||
14 | remedies, as authorized by
Section 214; and
| ||||||
15 | (2)
Otherwise, by adding any remedy authorized by | ||||||
16 | Section 214 which
was:
| ||||||
17 | (i)
reserved in that order of protection;
| ||||||
18 | (ii)
not requested for inclusion in that order of | ||||||
19 | protection;
or
| ||||||
20 | (iii)
denied on procedural grounds, but not on the | ||||||
21 | merits.
| ||||||
22 | (b) Upon motion
by petitioner or respondent, the court may | ||||||
23 | modify any prior order of protection's remedy for
custody, | ||||||
24 | visitation or payment of support in accordance with
the | ||||||
25 | relevant provisions of the Illinois Marriage and
Dissolution of | ||||||
26 | Marriage Act. Each order of protection shall be
entered in the | ||||||
27 | Law Enforcement
Agencies
Automated Data System on the
same day | ||||||
28 | it is issued by the court. | ||||||
29 | (c) After 30 days
following entry of a plenary order of | ||||||
30 | protection, a court may modify that order only when
changes in | ||||||
31 | the applicable law or facts since that plenary order
was | ||||||
32 | entered warrant a modification of its
terms. | ||||||
33 | (d) Upon 2 days'
notice to petitioner, in accordance with | ||||||
34 | Section 211 of this Act, or such shorter notice as the
court | ||||||
35 | may prescribe, a respondent subject to an emergency or
interim |
| |||||||
| |||||||
1 | order of protection issued under this Act may appear
and | ||||||
2 | petition the court to re-hear the original or amended
petition. | ||||||
3 | Any petition to re-hear shall be verified and shall
allege the | ||||||
4 | following:
| ||||||
5 | (1)
that respondent did not receive prior notice of the | ||||||
6 | initial hearing in which the
emergency, interim, or plenary | ||||||
7 | order was entered under
Sections 211 and 217; and
| ||||||
8 | (2)
that respondent had a meritorious defense to the | ||||||
9 | order or any of its remedies
or that the order or any of | ||||||
10 | its remedies was not
authorized by this Act. | ||||||
11 | (e) In the event
that the emergency or interim order | ||||||
12 | granted petitioner exclusive possession and the
petition of | ||||||
13 | respondent seeks to re-open or vacate that grant, the
court | ||||||
14 | shall set a date for hearing within 14 days on all
issues | ||||||
15 | relating to exclusive possession. Under no
circumstances shall | ||||||
16 | a court continue a hearing concerning exclusive
possession | ||||||
17 | beyond the 14th day, except by agreement of the
parties. Other | ||||||
18 | issues raised by the pleadings may be consolidated for
the | ||||||
19 | hearing if neither party nor the court
objects. | ||||||
20 | (f) This Section
does not limit the means, otherwise | ||||||
21 | available by law, for vacating or modifying orders of
| ||||||
22 | protection. | ||||||
23 | (Source: P.A. 87-1186; revised 2-17-03.)
| ||||||
24 | (750 ILCS
60/302) (from Ch. 40, par.
2313-2)
| ||||||
25 | Sec. 302.
Data maintenance by law enforcement agencies.
| ||||||
26 | (a) All sheriffs
shall furnish to the Department of State | ||||||
27 | Police, on the same day as received, in the form and
detail the | ||||||
28 | Department requires, copies of any recorded emergency,
| ||||||
29 | interim, or plenary orders of protection issued by the
court, | ||||||
30 | and any foreign orders of protection filed by the
clerk of the | ||||||
31 | court, and transmitted to the sheriff by the clerk of
the court | ||||||
32 | pursuant to subsection (b) of Section 222 of this Act.
Each | ||||||
33 | order of protection shall be entered in the Law
Enforcement | ||||||
34 | Agencies
Automated Data System on the
same day it is issued by | ||||||
35 | the court. If an emergency order of protection was
issued in |
| |||||||
| |||||||
1 | accordance with subsection (c) of Section 217, the
order shall | ||||||
2 | be entered in the Law Enforcement
Agencies
Automated Data | ||||||
3 | System as soon as possible after receipt from the
clerk. | ||||||
4 | (b) The
Department of State Police shall maintain a | ||||||
5 | complete and systematic record and index of all valid
and | ||||||
6 | recorded orders of protection issued pursuant to this
Act. The | ||||||
7 | data shall be used to inform all dispatchers and law
| ||||||
8 | enforcement officers at the scene of an alleged
incident of | ||||||
9 | abuse, neglect, or exploitation or violation of an
order of | ||||||
10 | protection of any recorded prior incident of abuse,
neglect, or | ||||||
11 | exploitation involving the abused, neglected, or
exploited | ||||||
12 | party and the effective dates and terms of any
recorded order | ||||||
13 | of protection. | ||||||
14 | (c) The data,
records and transmittals required under this | ||||||
15 | Section shall pertain to any valid emergency, interim
or | ||||||
16 | plenary order of protection, whether issued in a civil
or | ||||||
17 | criminal proceeding or authorized under the laws of
another | ||||||
18 | state, tribe, or United States territory.
| ||||||
19 | (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff.
1-1-01; revised | ||||||
20 | 2-17-03.) | ||||||
21 | Section 530.
The Parental Notice of Abortion Act of 1995 is | ||||||
22 | amended by changing Section 10 as
follows:
| ||||||
23 | (750 ILCS
70/10)
| ||||||
24 | Sec. 10.
Definitions. As used in this Act:
| ||||||
25 | "Abortion" means
the use of any instrument, medicine, drug, | ||||||
26 | or any other substance or device to terminate the
pregnancy of | ||||||
27 | a woman known to be pregnant with an intention other
than to | ||||||
28 | increase the probability of a live birth, to preserve
the life | ||||||
29 | or health of a child after live birth, or to remove a
dead | ||||||
30 | fetus. | ||||||
31 | "Actual notice"
means the giving of notice directly, in | ||||||
32 | person, or by telephone. | ||||||
33 | "Adult family
member" means a person over 21 years of age | ||||||
34 | who is the parent, grandparent, step-parent living in
the |
| |||||||
| |||||||
1 | household, or legal guardian.
| ||||||
2 | "Constructive
notice" means notice by certified mail to the | ||||||
3 | last known address of the person entitled to notice
with | ||||||
4 | delivery deemed to have occurred 48 hours after the
certified | ||||||
5 | notice is mailed. | ||||||
6 | "Incompetent"
means any person who has been adjudged as | ||||||
7 | mentally ill or developmentally disabled and who,
because of | ||||||
8 | her mental illness or developmental disability, is not
fully | ||||||
9 | able to manage her person and for whom a guardian of
the person | ||||||
10 | has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||||||
11 | of 1975. | ||||||
12 | "Medical
emergency" means a condition that, on the basis of | ||||||
13 | the physician's good faith clinical judgment, so
complicates | ||||||
14 | the medical condition of a pregnant woman as to
necessitate the | ||||||
15 | immediate abortion of her pregnancy to avert her death
or for | ||||||
16 | which a delay will create serious risk of substantial
and | ||||||
17 | irreversible impairment of major bodily
function. | ||||||
18 | "Minor" means any
person under 18 years of age who is not | ||||||
19 | or has not been married or who has not been
emancipated under | ||||||
20 | the Emancipation of
Mature Minors Act.
| ||||||
21 | "Neglect" means
the failure of an adult family member to | ||||||
22 | supply a child with necessary food, clothing, shelter,
or | ||||||
23 | medical care when reasonably able to do so or the
failure to | ||||||
24 | protect a child from conditions or actions that
imminently and | ||||||
25 | seriously endanger the child's physical or mental
health when | ||||||
26 | reasonably able to do so. | ||||||
27 | "Physical abuse"
means any physical injury intentionally | ||||||
28 | inflicted by an adult family member on a
child. | ||||||
29 | "Physician" means
any person licensed to practice medicine | ||||||
30 | in all its branches under the Illinois Medical
Practice Act of | ||||||
31 | 1987. | ||||||
32 | "Sexual abuse"
means any sexual conduct or sexual | ||||||
33 | penetration as defined in Section 12-12 of the
Criminal Code of | ||||||
34 | 1961 that is prohibited by the criminal laws of the
State of | ||||||
35 | Illinois and committed against a minor by an adult
family | ||||||
36 | member as defined in this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-18, eff. 6-1-95; revised
10-9-03.) | ||||||
2 | Section 535.
The Probate Act of 1975 is amended by changing | ||||||
3 | Section 11a-18 as follows:
| ||||||
4 | (755 ILCS
5/11a-18) (from Ch. 110 1/2, par.
11a-18)
| ||||||
5 | Sec. 11a-18.
Duties of the estate guardian.
| ||||||
6 | (a) To the extent
specified in the order establishing the | ||||||
7 | guardianship, the guardian of the estate shall have
the care, | ||||||
8 | management and investment of the estate, shall manage
the | ||||||
9 | estate frugally and shall apply the income and
principal of the | ||||||
10 | estate so far as necessary for the comfort and
suitable support | ||||||
11 | and education of the ward, his minor and adult
dependent | ||||||
12 | children, and persons related by blood or marriage who
are | ||||||
13 | dependent upon or entitled to support from him, or for
any | ||||||
14 | other purpose which the court deems to be for the best
| ||||||
15 | interests of the ward, and the court may approve the
making on | ||||||
16 | behalf of the ward of such agreements as the court
determines | ||||||
17 | to be for the ward's best interests. The guardian may
make | ||||||
18 | disbursement of his ward's funds and estate directly
to the | ||||||
19 | ward or other distributee or in such other manner and
in such | ||||||
20 | amounts as the court directs. If the estate of a ward
is | ||||||
21 | derived in whole or in part from payments of
compensation, | ||||||
22 | adjusted compensation, pension, insurance or other
similar | ||||||
23 | benefits made directly to the estate by the Veterans
| ||||||
24 | Administration, notice of the application for leave to
invest | ||||||
25 | or expend the ward's funds or estate, together with a
copy of | ||||||
26 | the petition and proposed order, shall be given to the
| ||||||
27 | Veterans' Administration Regional Office in this State
at least | ||||||
28 | 7 days before the hearing on the
application. | ||||||
29 | (a-5) The probate
court, upon petition of a guardian, other | ||||||
30 | than the guardian of a minor, and after notice to all
other | ||||||
31 | persons interested as the court directs, may authorize
the | ||||||
32 | guardian to exercise any or all powers over the estate
and | ||||||
33 | business affairs of the ward that the ward could
exercise if | ||||||
34 | present and not under disability. The court may
authorize the |
| |||||||
| |||||||
1 | taking of an action or the application of funds not
required | ||||||
2 | for the ward's current and future maintenance and
support in | ||||||
3 | any manner approved by the court as being in keeping
with the | ||||||
4 | ward's wishes so far as they can be ascertained. The
court must | ||||||
5 | consider the permanence of the ward's disabling
condition and | ||||||
6 | the natural objects of the ward's bounty. In
ascertaining and | ||||||
7 | carrying out the ward's wishes the court may consider,
but | ||||||
8 | shall not be limited to, minimization of State or
federal | ||||||
9 | income, estate, or inheritance taxes; and providing
gifts to | ||||||
10 | charities, relatives, and friends that would be likely
| ||||||
11 | recipients of donations from the ward. The ward's
wishes as | ||||||
12 | best they can be ascertained shall be carried out,
whether or | ||||||
13 | not tax savings are involved. Actions or applications
of funds | ||||||
14 | may include, but shall not be limited to, the
following:
| ||||||
15 | (1)
making gifts of income or principal, or both, of | ||||||
16 | the estate, either outright or
in trust;
| ||||||
17 | (2)
conveying, releasing, or disclaiming his or her | ||||||
18 | contingent and expectant
interests in property, including | ||||||
19 | marital property rights and
any right of survivorship | ||||||
20 | incident to joint tenancy or
tenancy by the entirety;
| ||||||
21 | (3)
releasing or disclaiming his or her powers as | ||||||
22 | trustee, personal
representative, custodian for minors, or | ||||||
23 | guardian;
| ||||||
24 | (4)
exercising, releasing, or disclaiming his or her | ||||||
25 | powers as donee of a power of
appointment;
| ||||||
26 | (5)
entering into contracts;
| ||||||
27 | (6)
creating for the benefit of the ward or others, | ||||||
28 | revocable or irrevocable
trusts of his or her property that | ||||||
29 | may extend beyond his or her
disability or life ;
.
| ||||||
30 | (7)
exercising options of the ward to purchase or | ||||||
31 | exchange securities or other
property;
| ||||||
32 | (8)
exercising the rights of the ward to elect benefit | ||||||
33 | or payment options, to
terminate, to change beneficiaries | ||||||
34 | or ownership, to assign
rights, to borrow, or to receive | ||||||
35 | cash value in return for a
surrender of rights under any | ||||||
36 | one or more of the
following:
|
| |||||||
| |||||||
1 | (i)
life insurance policies, plans, or benefits ,
.
| ||||||
2 | (ii)
annuity policies, plans, or benefits ,
.
| ||||||
3 | (iii)
mutual fund and other dividend investment | ||||||
4 | plans ,
.
| ||||||
5 | (iv)
retirement, profit sharing, and employee | ||||||
6 | welfare
plans and benefits;
| ||||||
7 | (9)
exercising his or her right to claim or disclaim an | ||||||
8 | elective share in the estate
of his or her deceased spouse | ||||||
9 | and to renounce any interest
by testate or intestate | ||||||
10 | succession or by inter vivos
transfer;
| ||||||
11 | (10)
changing the ward's residence or domicile; or
| ||||||
12 | (11)
modifying by means of codicil or trust amendment | ||||||
13 | the terms of the ward's will
or any revocable trust created | ||||||
14 | by the ward, as the court may
consider advisable in light | ||||||
15 | of changes in applicable tax
laws. | ||||||
16 | The guardian in
his or her petition shall briefly outline | ||||||
17 | the action or application of funds for which he or she
seeks | ||||||
18 | approval, the results expected to be accomplished
thereby, and | ||||||
19 | the tax savings, if any, expected to accrue. The
proposed | ||||||
20 | action or application of funds may include gifts of
the ward's | ||||||
21 | personal property or real estate, but transfers of
real estate | ||||||
22 | shall be subject to the requirements of Section 20 of
this Act. | ||||||
23 | Gifts may be for the benefit of prospective legatees,
devisees, | ||||||
24 | or heirs apparent of the ward or may be made to
individuals or | ||||||
25 | charities in which the ward is believed to have an
interest. | ||||||
26 | The guardian shall also indicate in the petition that
any | ||||||
27 | planned disposition is consistent with the intentions
of the | ||||||
28 | ward insofar as they can be ascertained, and if the
ward's | ||||||
29 | intentions cannot be ascertained, the ward will be
presumed to | ||||||
30 | favor reduction in the incidents of various forms of
taxation | ||||||
31 | and the partial distribution of his or her estate as
provided | ||||||
32 | in this subsection. The guardian shall not, however,
be | ||||||
33 | required to include as a beneficiary or fiduciary any
person | ||||||
34 | who he has reason to believe would be excluded by the
ward. A | ||||||
35 | guardian shall be required to investigate and pursue a
ward's | ||||||
36 | eligibility for governmental benefits.
|
| |||||||
| |||||||
1 | (b) Upon the
direction of the court which issued his | ||||||
2 | letters, a guardian may perform the contracts of his
ward which | ||||||
3 | were legally subsisting at the time of the
commencement of the | ||||||
4 | ward's disability. The court may authorize the
guardian to | ||||||
5 | execute and deliver any bill of sale, deed or other
instrument. | ||||||
6 | (c) The guardian
of the estate of a ward shall appear for | ||||||
7 | and represent the ward in all legal proceedings unless
another | ||||||
8 | person is appointed for that purpose as guardian or
next | ||||||
9 | friend. This does not impair the power of any court to
appoint | ||||||
10 | a guardian ad litem or next friend to defend the
interests of | ||||||
11 | the ward in that court, or to appoint or allow any
person as | ||||||
12 | the next friend of a ward to commence, prosecute or
defend any | ||||||
13 | proceeding in his behalf. Without impairing the power
of the | ||||||
14 | court in any respect, if the guardian of the estate of
a ward | ||||||
15 | and another person as next friend shall appear for and
| ||||||
16 | represent the ward in a legal proceeding in which the
| ||||||
17 | compensation of the attorney or attorneys representing
the | ||||||
18 | guardian and next friend is solely determined under a
| ||||||
19 | contingent fee arrangement, the guardian of the estate
of the | ||||||
20 | ward shall not participate in or have any duty to
review the | ||||||
21 | prosecution of the action, to participate in or review
the | ||||||
22 | appropriateness of any settlement of the action, or to
| ||||||
23 | participate in or review any determination of the
| ||||||
24 | appropriateness of any fees awarded to the attorney or
| ||||||
25 | attorneys employed in the prosecution of the
action. | ||||||
26 | (d) Adjudication
of disability shall not revoke or | ||||||
27 | otherwise terminate a trust which is revocable by the
ward. A | ||||||
28 | guardian of the estate shall have no authority to
revoke a | ||||||
29 | trust that is revocable by the ward, except that the
court may | ||||||
30 | authorize a guardian to revoke a Totten trust or
similar | ||||||
31 | deposit or withdrawable capital account in trust to
the extent | ||||||
32 | necessary to provide funds for the purposes specified
in | ||||||
33 | paragraph (a) of this Section. If the trustee of any
trust for | ||||||
34 | the benefit of the ward has discretionary power to
apply income | ||||||
35 | or principal for the ward's benefit, the trustee shall
not be | ||||||
36 | required to distribute any of the income or principal
to the |
| |||||||
| |||||||
1 | guardian of the ward's estate, but the guardian may
bring an | ||||||
2 | action on behalf of the ward to compel the trustee to
exercise | ||||||
3 | the trustee's discretion or to seek relief from an
abuse of | ||||||
4 | discretion. This paragraph shall not limit the right
of a | ||||||
5 | guardian of the estate to receive accountings from the
trustee | ||||||
6 | on behalf of the ward. | ||||||
7 | (e) Absent court
order pursuant to the " Illinois
Power of | ||||||
8 | Attorney Act " enacted by the 85th
General Assembly directing a | ||||||
9 | guardian to exercise powers of the principal under an
agency | ||||||
10 | that survives disability, the guardian will have no
power, duty | ||||||
11 | or liability with respect to any property subject to
the | ||||||
12 | agency. This subsection (e) applies to all agencies,
whenever | ||||||
13 | and wherever executed. | ||||||
14 | (f) Upon petition
by any interested person (including the | ||||||
15 | standby or short-term guardian), with such notice to
interested | ||||||
16 | persons as the court directs and a finding by the
court that it | ||||||
17 | is in the best interest of the disabled person, the
court may | ||||||
18 | terminate or limit the authority of a standby or
short-term | ||||||
19 | guardian or may enter such other orders as the court
deems | ||||||
20 | necessary to provide for the best interest of the
disabled | ||||||
21 | person. The petition for termination or limitation of
the | ||||||
22 | authority of a standby or short-term guardian may, but
need | ||||||
23 | not, be combined with a petition to have another
guardian | ||||||
24 | appointed for the disabled person.
| ||||||
25 | (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff.
8-8-97; | ||||||
26 | 90-796, eff. 12-15-98; revised 1-20-03.)
| ||||||
27 | Section 540.
The Illinois Living Will Act is amended by | ||||||
28 | changing Section 3 as follows:
| ||||||
29 | (755 ILCS
35/3) (from Ch. 110 1/2, par.
703)
| ||||||
30 | Sec. 3.
Execution of a Document.
| ||||||
31 | (a) An individual
of sound mind and having reached the age | ||||||
32 | of majority or having obtained the status of an
emancipated | ||||||
33 | person pursuant to the
" Emancipation of
Mature Minors
Act " , as | ||||||
34 | now or hereafter amended, may execute a document
directing that |
| |||||||
| |||||||
1 | if he is suffering from a terminal condition, then
death | ||||||
2 | delaying procedures shall not be utilized for the
prolongation | ||||||
3 | of his life. | ||||||
4 | (b) The
declaration must be signed by the declarant, or | ||||||
5 | another at the declarant's direction, and witnessed by
2 | ||||||
6 | individuals 18 years of age or older.
| ||||||
7 | (c) The
declaration of a qualified patient diagnosed as | ||||||
8 | pregnant by the attending physician shall be given no
force and | ||||||
9 | effect as long as in the opinion of the attending
physician it | ||||||
10 | is possible that the fetus could develop to the point
of live | ||||||
11 | birth with the continued application of death delaying
| ||||||
12 | procedures. | ||||||
13 | (d) If the
patient is able, it shall be the responsibility | ||||||
14 | of the patient to provide for notification to his or
her | ||||||
15 | attending physician of the existence of a declaration,
to | ||||||
16 | provide the declaration to the physician and to ask
the | ||||||
17 | attending physician whether he or she is willing to
comply with | ||||||
18 | its provisions. An attending physician who is so
notified shall | ||||||
19 | make the declaration, or copy of the declaration, a
part of the | ||||||
20 | patient's medical records. If the physician is at any
time | ||||||
21 | unwilling to comply with its provisions, the physician
shall | ||||||
22 | promptly so advise the declarant. If the physician is
unwilling | ||||||
23 | to comply with its provisions and the patient is able,
it is | ||||||
24 | the patient's responsibility to initiate the transfer
to | ||||||
25 | another physician of the patient's choosing. If the
physician | ||||||
26 | is unwilling to comply with its provisions and the
patient is | ||||||
27 | at any time not able to initiate the transfer, then
the | ||||||
28 | attending physician shall without delay notify the
person with | ||||||
29 | the highest priority, as set forth in this subsection,
who is | ||||||
30 | available, able, and willing to make arrangements for
the | ||||||
31 | transfer of the patient and the appropriate medical
records to | ||||||
32 | another physician for the effectuation of the
patient's | ||||||
33 | declaration. The order of priority is as follows: (1)
any | ||||||
34 | person authorized by the patient to make such
arrangements, (2) | ||||||
35 | a guardian of the person of the patient, without the
necessity | ||||||
36 | of obtaining a court order to do so, and (3) any
member of the |
| |||||||
| |||||||
1 | patient's family. | ||||||
2 | (e) The
declaration may, but need not, be in the following | ||||||
3 | form, and in addition may include other specific
directions. | ||||||
4 | Should any specific direction be determined to be
invalid, such | ||||||
5 | invalidity shall not affect other directions of the
declaration | ||||||
6 | which can be given effect without the invalid
direction, and to | ||||||
7 | this end the directions in the declaration are
severable. | ||||||
8 |
DECLARATION
| ||||||
9 | This declaration
is made this ............. day of | ||||||
10 | ............. (month, year). I, ..................,
being of | ||||||
11 | sound mind, willfully and voluntarily make known my
desires | ||||||
12 | that my moment of death shall not be artificially
postponed. | ||||||
13 | If at any time I
should have an incurable and irreversible | ||||||
14 | injury, disease, or illness judged to be a terminal
condition | ||||||
15 | by my attending physician who has personally examined
me and | ||||||
16 | has determined that my death is imminent except for
death | ||||||
17 | delaying procedures, I direct that such procedures
which would | ||||||
18 | only prolong the dying process be withheld or
withdrawn, and | ||||||
19 | that I be permitted to die naturally with only the
| ||||||
20 | administration of medication, sustenance, or the
performance | ||||||
21 | of any medical procedure deemed necessary by my
attending | ||||||
22 | physician to provide me with comfort
care. | ||||||
23 | In the absence of
my ability to give directions regarding | ||||||
24 | the use of such death delaying procedures, it is my
intention | ||||||
25 | that this declaration shall be honored by my family
and | ||||||
26 | physician as the final expression of my legal right to
refuse | ||||||
27 | medical or surgical treatment and accept the
consequences from | ||||||
28 | such refusal. | ||||||
29 |
Signed
....................
| ||||||
30 |
City, County and State of Residence
.........................
| ||||||
31 | The declarant is
personally known to me and I believe him | ||||||
32 | or her to be of sound mind. I saw the declarant sign
the | ||||||
33 | declaration in my presence (or the declarant
acknowledged in my | ||||||
34 | presence that he or she had signed the declaration)
and I | ||||||
35 | signed the declaration as a witness in the presence of
the | ||||||
36 | declarant. I did not sign the declarant's signature
above for |
| |||||||
| |||||||
1 | or at the direction of the declarant. At the date of
this | ||||||
2 | instrument, I am not entitled to any portion of the
estate of | ||||||
3 | the declarant according to the laws of intestate
succession or, | ||||||
4 | to the best of my knowledge and belief, under any will
of | ||||||
5 | declarant or other instrument taking effect at
declarant's | ||||||
6 | death, or directly financially responsible for
declarant's | ||||||
7 | medical care. | ||||||
8 |
Witness
..................
| ||||||
9 |
Witness
..................
| ||||||
10 | (Source: P.A. 85-1209; revised 10-9-03.)
| ||||||
11 | Section 545.
The Health Care Surrogate Act is amended by | ||||||
12 | changing Sections 10 and 65 as
follows:
| ||||||
13 | (755 ILCS
40/10) (from Ch. 110 1/2, par.
851-10)
| ||||||
14 | Sec. 10.
Definitions.
| ||||||
15 | "Adult" means a
person who is (i) 18 years of age or older | ||||||
16 | or (ii) an emancipated minor under the Emancipation of
Mature | ||||||
17 | Minors Act. | ||||||
18 | "Artificial
nutrition and hydration" means supplying food | ||||||
19 | and water through a conduit, such as a tube or
intravenous | ||||||
20 | line, where the recipient is not required to chew or
swallow | ||||||
21 | voluntarily, including, but not limited to,
nasogastric tubes, | ||||||
22 | gastrostomies, jejunostomies, and intravenous
infusions. | ||||||
23 | Artificial nutrition and hydration does not include
assisted | ||||||
24 | feeding, such as spoon or bottle feeding.
| ||||||
25 | "Available" means
that a person is not "unavailable". A | ||||||
26 | person is unavailable if (i) the person's existence is
not | ||||||
27 | known, (ii) the person has not been able to be
contacted by | ||||||
28 | telephone or mail, or (iii) the person lacks
decisional | ||||||
29 | capacity, refuses to accept the office of surrogate,
or is | ||||||
30 | unwilling to respond in a manner that indicates a
choice among | ||||||
31 | the treatment matters at issue.
| ||||||
32 | "Attending
physician" means the physician selected by or | ||||||
33 | assigned to the patient who has primary responsibility
for | ||||||
34 | treatment and care of the patient and who is a
licensed |
| |||||||
| |||||||
1 | physician in Illinois. If more than one physician
shares that | ||||||
2 | responsibility, any of those physicians may act as the
| ||||||
3 | attending physician under this Act.
| ||||||
4 | "Close friend"
means any person 18 years of age or older | ||||||
5 | who has exhibited special care and concern for the
patient and | ||||||
6 | who presents an affidavit to the attending physician
stating | ||||||
7 | that he or she (i) is a close friend of the patient,
(ii) is | ||||||
8 | willing and able to become involved in the patient's
health | ||||||
9 | care, and (iii) has maintained such regular contact
with the | ||||||
10 | patient as to be familiar with the patient's
activities, | ||||||
11 | health, and religious and moral beliefs. The affidavit
must | ||||||
12 | also state facts and circumstances that demonstrate
that | ||||||
13 | familiarity. | ||||||
14 | "Death" means
when, according to accepted medical | ||||||
15 | standards, there is (i) an irreversible cessation of
| ||||||
16 | circulatory and respiratory functions or (ii) an
irreversible | ||||||
17 | cessation of all functions of the entire brain,
including the | ||||||
18 | brain stem. | ||||||
19 | "Decisional
capacity" means the ability to understand and | ||||||
20 | appreciate the nature and consequences of a decision
regarding | ||||||
21 | medical treatment or forgoing life-sustaining
treatment and | ||||||
22 | the ability to reach and communicate an informed
decision in | ||||||
23 | the matter as determined by the attending
physician. | ||||||
24 | "Forgo
life-sustaining treatment" means to withhold, | ||||||
25 | withdraw, or terminate all or any portion of
life-sustaining | ||||||
26 | treatment with knowledge that the patient's death is
likely to | ||||||
27 | result. | ||||||
28 | "Guardian" means
a court appointed guardian of the person | ||||||
29 | who serves as a representative of a minor or as a
| ||||||
30 | representative of a person under legal
disability. | ||||||
31 | "Health care
facility" means a type of health care provider | ||||||
32 | commonly known by a wide variety of titles, including
but not | ||||||
33 | limited to, hospitals, medical centers, nursing homes,
| ||||||
34 | rehabilitation centers, long term or tertiary care
facilities, | ||||||
35 | and other facilities established to administer health
care and | ||||||
36 | provide overnight stays in their ordinary course of
business or |
| |||||||
| |||||||
1 | practice. | ||||||
2 | "Health care
provider" means a person that is licensed, | ||||||
3 | certified, or otherwise authorized or permitted by the
law of | ||||||
4 | this State to administer health care in the ordinary
course of | ||||||
5 | business or practice of a profession, including, but
not | ||||||
6 | limited to, physicians, nurses, health care
facilities, and any | ||||||
7 | employee, officer, director, agent, or person under
contract | ||||||
8 | with such a person. | ||||||
9 | "Imminent" (as in
"death is imminent") means a | ||||||
10 | determination made by the attending physician
according to | ||||||
11 | accepted medical standards that death will occur in a
| ||||||
12 | relatively short period of time, even if
life-sustaining | ||||||
13 | treatment is initiated or continued.
| ||||||
14 | "Life-sustaining
treatment" means any medical treatment, | ||||||
15 | procedure, or intervention that, in the judgment of
the | ||||||
16 | attending physician, when applied to a patient with a
| ||||||
17 | qualifying condition, would not be effective to remove
the | ||||||
18 | qualifying condition or would serve only to prolong
the dying | ||||||
19 | process. Those procedures can include, but are not
limited to, | ||||||
20 | assisted ventilation, renal dialysis, surgical
procedures, | ||||||
21 | blood transfusions, and the administration of drugs,
| ||||||
22 | antibiotics, and artificial nutrition and
hydration. | ||||||
23 | "Minor" means an
individual who is not an adult as defined | ||||||
24 | in this Act. | ||||||
25 | "Parent" means a
person who is the natural or adoptive | ||||||
26 | mother or father of the child and whose parental
rights have | ||||||
27 | not been terminated by a court of law.
| ||||||
28 | "Patient" means
an adult or minor individual, unless | ||||||
29 | otherwise specified, under the care or treatment of a
licensed | ||||||
30 | physician or other health care provider.
| ||||||
31 | "Person" means an
individual, a corporation, a business | ||||||
32 | trust, a trust, a partnership, an association, a
government, a | ||||||
33 | governmental subdivision or agency, or any other legal
entity. | ||||||
34 | "Qualifying
condition" means the existence of one or more | ||||||
35 | of the following conditions in a patient certified in
writing | ||||||
36 | in the patient's medical record by the attending
physician and |
| |||||||
| |||||||
1 | by at least one other qualified
physician:
| ||||||
2 | (1)
"Terminal condition" means an illness or injury for | ||||||
3 | which there is no reasonable
prospect of cure or recovery, | ||||||
4 | death is imminent, and the
application of life-sustaining | ||||||
5 | treatment would only prolong
the dying process.
| ||||||
6 | (2)
"Permanent unconsciousness" means a condition | ||||||
7 | that, to a high degree of
medical certainty, (i) will last | ||||||
8 | permanently, without
improvement, (ii) in which thought, | ||||||
9 | sensation, purposeful action,
social interaction, and | ||||||
10 | awareness of self and
environment are absent, and (iii) for | ||||||
11 | which initiating or continuing
life-sustaining treatment, | ||||||
12 | in light of the patient's
medical condition, provides only | ||||||
13 | minimal medical
benefit.
| ||||||
14 | (3)
"Incurable or irreversible condition" means an | ||||||
15 | illness or injury (i) for
which there is no reasonable | ||||||
16 | prospect of cure or recovery,
(ii) that ultimately will | ||||||
17 | cause the patient's death even
if life-sustaining | ||||||
18 | treatment is initiated or
continued, (iii) that imposes | ||||||
19 | severe pain or otherwise
imposes an inhumane burden on the | ||||||
20 | patient, and (iv) for which
initiating or continuing | ||||||
21 | life-sustaining treatment, in
light of the patient's | ||||||
22 | medical condition, provides
only minimal medical benefit. | ||||||
23 | The determination
that a patient has a qualifying condition | ||||||
24 | creates no presumption regarding the application or
| ||||||
25 | non-application of life-sustaining treatment. It is
only after | ||||||
26 | a determination by the attending physician that the
patient has | ||||||
27 | a qualifying condition that the surrogate decision
maker may | ||||||
28 | consider whether or not to forgo life-sustaining
treatment. In | ||||||
29 | making this decision, the surrogate shall weigh the
burdens on | ||||||
30 | the patient of initiating or continuing
life-sustaining | ||||||
31 | treatment against the benefits of that
treatment. | ||||||
32 | "Qualified
physician" means a physician licensed to | ||||||
33 | practice medicine in all of its branches in Illinois
who has | ||||||
34 | personally examined the patient.
| ||||||
35 | "Surrogate
decision maker" means an adult individual or | ||||||
36 | individuals who (i) have decisional capacity, (ii) are
|
| |||||||
| |||||||
1 | available upon reasonable inquiry, (iii) are willing
to make | ||||||
2 | medical treatment decisions on behalf of a patient who
lacks | ||||||
3 | decisional capacity, and (iv) are identified by the
attending | ||||||
4 | physician in accordance with the provisions of this
Act as the | ||||||
5 | person or persons who are to make those decisions in
accordance | ||||||
6 | with the provisions of this Act.
| ||||||
7 | (Source: P.A. 90-246, eff. 1-1-98; 90-538, eff.
12-1-97; | ||||||
8 | 90-655, eff. 7-30-98; revised 10-9-03.)
| ||||||
9 | (755 ILCS
40/65)
| ||||||
10 | Sec. 65.
Do-not-resuscitate orders.
| ||||||
11 | (a) An individual
of sound mind and having reached the age | ||||||
12 | of majority or having obtained the status of an
emancipated | ||||||
13 | person pursuant to the Emancipation of
Mature Minors Act may
| ||||||
14 | execute a document (consistent with the Department of
Public | ||||||
15 | Health Uniform DNR Order Form) directing that
resuscitating | ||||||
16 | efforts shall not be implemented. Such an order may
also be | ||||||
17 | executed by an attending physician.
| ||||||
18 | (b) Consent to a
DNR order may be obtained from the | ||||||
19 | individual, or from another person at the individual's
| ||||||
20 | direction, or from the individual's legal guardian,
agent under | ||||||
21 | a power of attorney for health care, or surrogate
decision | ||||||
22 | maker, and witnessed by 2 individuals 18 years of age
or older. | ||||||
23 | (c) The DNR order
may, but need not, be in the form adopted | ||||||
24 | by the Department of Public Health pursuant to Section
2310-600 | ||||||
25 | of the Department of Public Health Powers and Duties
Law (20 | ||||||
26 | ILCS 2310/2310-600). | ||||||
27 | (d) A health care
professional or health care provider may | ||||||
28 | presume, in the absence of knowledge to the contrary,
that a | ||||||
29 | completed Department of Public Health Uniform DNR
Order form or | ||||||
30 | a copy of that form is a valid DNR order. A health
care | ||||||
31 | professional or health care provider, or an employee
of a | ||||||
32 | health care professional or health care provider, who
in good | ||||||
33 | faith complies with a do-not-resuscitate order made in
| ||||||
34 | accordance with this Act is not, as a result of that
| ||||||
35 | compliance, subject to any criminal or civil
liability, except |
| |||||||
| |||||||
1 | for willful and wanton misconduct, and may not be
found to have | ||||||
2 | committed an act of unprofessional
conduct. | ||||||
3 | (Source: P.A. 92-356, eff. 10-1-01; revised
10-9-03.) | ||||||
4 | Section 550.
The Business Corporation Act of 1983 is | ||||||
5 | amended by changing Sections 15.10 and 15.95 as
follows:
| ||||||
6 | (805 ILCS
5/15.10) (from Ch. 32, par.
15.10)
| ||||||
7 | Sec. 15.10.
Fees for filing documents. The Secretary of
| ||||||
8 | State shall charge and collect for:
| ||||||
9 | (a) Filing
articles of incorporation, $150. | ||||||
10 | (b) Filing
articles of amendment, $50, unless the amendment | ||||||
11 | is a restatement of the articles of incorporation, in
which | ||||||
12 | case the fee shall be $150. | ||||||
13 | (c) Filing
articles of merger or consolidation, $100, but | ||||||
14 | if the merger or consolidation involves more than 2
| ||||||
15 | corporations, $50 for each additional
corporation. | ||||||
16 | (d) Filing
articles of share exchange, $100. | ||||||
17 | (e) Filing
articles of dissolution, $5. | ||||||
18 | (f) Filing
application to reserve a corporate name, $25. | ||||||
19 | (g) Filing a
notice of transfer of a reserved corporate | ||||||
20 | name, $25. | ||||||
21 | (h) Filing
statement of change of address of registered | ||||||
22 | office or change of registered agent, or both,
$25. | ||||||
23 | (i) Filing
statement of the establishment of a series of | ||||||
24 | shares, $25. | ||||||
25 | (j) Filing an
application of a foreign corporation for | ||||||
26 | authority to transact business in this State,
$150. | ||||||
27 | (k) Filing an
application of a foreign corporation for | ||||||
28 | amended authority to transact business in this State,
$25. | ||||||
29 | (l) Filing a copy
of amendment to the articles of | ||||||
30 | incorporation of a foreign corporation holding
authority to | ||||||
31 | transact business in this State, $50, unless the
amendment is a | ||||||
32 | restatement of the articles of incorporation, in which
case the | ||||||
33 | fee shall be $150. | ||||||
34 | (m) Filing a copy
of articles of merger of a foreign |
| |||||||
| |||||||
1 | corporation holding a certificate of authority to
transact | ||||||
2 | business in this State, $100, but if the merger
involves more | ||||||
3 | than 2 corporations, $50 for each additional
corporation. | ||||||
4 | (n) Filing an
application for withdrawal and final report | ||||||
5 | or a copy of articles of dissolution of a foreign
corporation, | ||||||
6 | $25. | ||||||
7 | (o) Filing an
annual report, interim annual report, or | ||||||
8 | final transition annual report of a domestic or
foreign | ||||||
9 | corporation, $75. | ||||||
10 | (p) Filing an
application for reinstatement of a domestic | ||||||
11 | or a foreign corporation, $200.
| ||||||
12 | (q) Filing an
application for use of an assumed corporate | ||||||
13 | name, $150 for each year or part thereof ending in 0
or 5, $120 | ||||||
14 | for each year or part thereof ending in 1 or 6, $90
for each | ||||||
15 | year or part thereof ending in 2 or 7, $60 for each
year or part | ||||||
16 | thereof ending in 3 or 8, $30 for each year or part
thereof | ||||||
17 | ending in 4 or 9, between the date of filing the
application | ||||||
18 | and the date of the renewal of the assumed corporate
name; and | ||||||
19 | a renewal fee for each assumed corporate name,
$150. | ||||||
20 | (r) To change an
assumed corporate name for the period | ||||||
21 | remaining until the renewal date of the original
assumed name, | ||||||
22 | $25. | ||||||
23 | (s) Filing an
application for cancellation of an assumed | ||||||
24 | corporate name, $5. | ||||||
25 | (t) Filing an
application to register the corporate name of | ||||||
26 | a foreign corporation, $50; and an annual renewal fee
for the | ||||||
27 | registered name, $50. | ||||||
28 | (u) Filing an
application for cancellation of a registered | ||||||
29 | name of a foreign corporation, $25.
| ||||||
30 | (v) Filing a
statement of correction, $50. | ||||||
31 | (w) Filing a
petition for refund or adjustment, $5. | ||||||
32 | (x) Filing a
statement of election of an extended filing | ||||||
33 | month, $25. | ||||||
34 | (y) Filing any
other statement or report, $5. | ||||||
35 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03;
93-59, | ||||||
36 | eff. 7-1-03; revised 9-5-03.)
|
| |||||||
| |||||||
1 | (805 ILCS
5/15.95) (from Ch. 32, par.
15.95)
| ||||||
2 | Sec. 15.95.
Department of Business Services Special | ||||||
3 | Operations Fund.
| ||||||
4 | (a) A special
fund in the State treasury known as the | ||||||
5 | Division of Corporations Special Operations Fund is
renamed the | ||||||
6 | Department of Business Services Special Operations
Fund. | ||||||
7 | Moneys deposited into the Fund shall, subject to
appropriation, | ||||||
8 | be used by the Department of Business Services of the
Office of | ||||||
9 | the Secretary of State, hereinafter "Department", to
create and | ||||||
10 | maintain the capability to perform expedited services
in | ||||||
11 | response to special requests made by the public for
same day or | ||||||
12 | 24 hour service. Moneys deposited into the Fund shall
be used | ||||||
13 | for, but not limited to, expenditures for personal
services, | ||||||
14 | retirement, social security, contractual services,
equipment, | ||||||
15 | electronic data processing, and
telecommunications. | ||||||
16 | (b) The balance
in the Fund at the end of any fiscal year | ||||||
17 | shall not exceed $600,000 and any amount in excess
thereof | ||||||
18 | shall be transferred to the General Revenue
Fund. | ||||||
19 | (c) All fees
payable to the Secretary of State under this | ||||||
20 | Section shall be deposited into the Fund. No other
fees or | ||||||
21 | taxes collected under this Act shall be deposited into
the | ||||||
22 | Fund. | ||||||
23 | (d) "Expedited
services" means services rendered within | ||||||
24 | the same day, or within 24 hours from the time, the
request | ||||||
25 | therefor is submitted by the filer, law firm, service
company, | ||||||
26 | or messenger physically in person or, at the Secretary
of | ||||||
27 | State's discretion, by electronic means, to the
Department's | ||||||
28 | Springfield Office and includes requests for certified
copies, | ||||||
29 | photocopies, and certificates of good standing or fact
made to | ||||||
30 | the Department's Springfield Office in person or by
telephone, | ||||||
31 | or requests for certificates of good standing or fact
made in | ||||||
32 | person or by telephone to the Department's Chicago
Office. | ||||||
33 | (e) Fees for
expedited services shall be as follows: | ||||||
34 | Restatement of
articles, $200; | ||||||
35 | Merger,
consolidation or exchange, $200; |
| |||||||
| |||||||
1 | Articles of
incorporation, $100; | ||||||
2 | Articles of
amendment, $100; | ||||||
3 | Revocation of
dissolution, $100; | ||||||
4 | Reinstatement,
$100; | ||||||
5 | Application for
authority, $100; | ||||||
6 | Cumulative report
of changes in issued shares or paid-in | ||||||
7 | capital, $100; | ||||||
8 | Report following
merger or consolidation, $100; | ||||||
9 | Certificate of
good standing or fact, $20; | ||||||
10 | All other
filings, copies of documents, annual reports | ||||||
11 | filed on or after January 1, 1984, and copies of
documents of | ||||||
12 | dissolved or revoked corporations having a file number
over | ||||||
13 | 5199, $50. | ||||||
14 | (f) Expedited
services shall not be available for a | ||||||
15 | statement of correction, a petition for refund or
adjustment, | ||||||
16 | or a request involving annual reports filed before
January 1, | ||||||
17 | 1984 or involving dissolved corporations with a file
number | ||||||
18 | below 5200. | ||||||
19 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03;
93-59, | ||||||
20 | eff. 7-1-03; revised 9-5-03.)
| ||||||
21 | Section 555.
The Limited Liability Company Act is amended | ||||||
22 | by changing Sections 1-25 and 50-10 as
follows:
| ||||||
23 | (805 ILCS
180/1-25)
| ||||||
24 | Sec. 1-25.
Nature of business. A limited liability company
| ||||||
25 | may be formed for any lawful purpose or business
except:
| ||||||
26 | (1)
(blank);
| ||||||
27 | (2)
insurance unless, for the purpose of carrying on | ||||||
28 | business as a member of a
group including incorporated and | ||||||
29 | individual unincorporated
underwriters, the Director of | ||||||
30 | Insurance finds that the group
meets the requirements of | ||||||
31 | subsection (3) of Section 86
of the Illinois Insurance Code | ||||||
32 | and the limited liability
company, if insolvent, is subject | ||||||
33 | to liquidation by the Director
of Insurance under Article | ||||||
34 | XIII of the Illinois Insurance
Code;
|
| |||||||
| |||||||
1 | (3)
the practice of dentistry unless all the members | ||||||
2 | and managers are licensed as
dentists under the Illinois | ||||||
3 | Dental Practice Act;
or
| ||||||
4 | (4)
the practice of medicine unless all the managers, | ||||||
5 | if any, are licensed to
practice medicine under the Medical | ||||||
6 | Practice Act of 1987 and each
member is either:
| ||||||
7 | (A)
licensed to practice medicine under the | ||||||
8 | Medical
Practice Act of 1987; or
| ||||||
9 | (B)
a registered medical corporation or | ||||||
10 | corporations
organized pursuant to the Medical | ||||||
11 | Corporation
Act; or
| ||||||
12 | (C)
a professional corporation organized pursuant | ||||||
13 | to the
Professional Service Corporation Act of | ||||||
14 | physicians
licensed to practice medicine in all its | ||||||
15 | branches;
or
| ||||||
16 | (D)
a limited liability company that satisfies the | ||||||
17 | requirements
of subparagraph (A), (B), or (C). | ||||||
18 | (Source: P.A. 92-144, eff. 7-24-01; 93-59, eff.
7-1-03; 93-561, | ||||||
19 | eff. 1-1-04; revised 9-5-03.)
| ||||||
20 | (805 ILCS
180/50-10)
| ||||||
21 | Sec. 50-10.
Fees.
| ||||||
22 | (a) The Secretary
of State shall charge and collect in | ||||||
23 | accordance with the provisions of this Act and rules
| ||||||
24 | promulgated under its authority all of the
following:
| ||||||
25 | (1)
Fees for filing documents.
| ||||||
26 | (2)
Miscellaneous charges.
| ||||||
27 | (3)
Fees for the sale of lists of filings and for | ||||||
28 | copies of any
documents. | ||||||
29 | (b) The Secretary
of State shall charge and collect for all | ||||||
30 | of the following:
| ||||||
31 | (1)
Filing articles of organization of limited | ||||||
32 | liability companies
(domestic), application for admission | ||||||
33 | (foreign), and restated
articles of organization | ||||||
34 | (domestic), $500.
| ||||||
35 | (2)
Filing amendments:
|
| |||||||
| |||||||
1 | (A)
For other than change of registered agent name | ||||||
2 | or
registered office, or both, $150.
| ||||||
3 | (B)
For the purpose of changing the registered | ||||||
4 | agent
name or registered office, or both, $35.
| ||||||
5 | (3)
Filing articles of dissolution or application for | ||||||
6 | withdrawal, $100.
| ||||||
7 | (4)
Filing an application to reserve a name, $300.
| ||||||
8 | (5)
(Blank).
| ||||||
9 | (6)
Filing a notice of a transfer of a reserved name, | ||||||
10 | $100.
| ||||||
11 | (7)
Registration of a name, $300.
| ||||||
12 | (8)
Renewal of registration of a name, $100.
| ||||||
13 | (9)
Filing an application for use of an assumed name | ||||||
14 | under Section 1-20 of this
Act, $150 for each year or part | ||||||
15 | thereof ending in 0 or 5, $120
for each year or part | ||||||
16 | thereof ending in 1 or 6, $90
for each year or part thereof | ||||||
17 | ending in 2 or 7, $60 for each
year or part thereof ending | ||||||
18 | in 3 or 8, $30 for each year
or part thereof ending in 4 or | ||||||
19 | 9, and a renewal for each
assumed name, $150.
| ||||||
20 | (10)
Filing an application for change of an assumed | ||||||
21 | name, $100.
| ||||||
22 | (11)
Filing an annual report of a limited liability | ||||||
23 | company or foreign limited
liability company, $250, if | ||||||
24 | filed as required by this Act,
plus a penalty if | ||||||
25 | delinquent.
| ||||||
26 | (12)
Filing an application for reinstatement of a | ||||||
27 | limited liability company or
foreign limited liability | ||||||
28 | company $500.
| ||||||
29 | (13)
Filing Articles of Merger, $100 plus $50 for each | ||||||
30 | party to the merger in excess
of the first 2 parties.
| ||||||
31 | (14)
Filing an Agreement of Conversion or Statement of | ||||||
32 | Conversion, $100.
| ||||||
33 | (15)
Filing a statement of correction, $25.
| ||||||
34 | (16)
Filing a petition for refund, $15.
| ||||||
35 | (17)
Filing any other document, $100. | ||||||
36 | (c) The Secretary
of State shall charge and collect all of |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (1)
For furnishing a copy or certified copy of any | ||||||
3 | document, instrument, or paper
relating to a limited | ||||||
4 | liability company or foreign
limited liability company, $1 | ||||||
5 | per page, but not less than
$25, and $25 for the | ||||||
6 | certificate and for affixing
the seal thereto.
| ||||||
7 | (2)
For the transfer of information by computer process | ||||||
8 | media to any purchaser, fees
established by rule. | ||||||
9 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03;
93-59, | ||||||
10 | eff. 7-1-03; revised
9-5-03 .) | ||||||
11 | Section 560.
The Consumer Fraud and Deceptive Business | ||||||
12 | Practices Act is amended by setting forth and
renumbering | ||||||
13 | multiple versions of Section 2MM as
follows:
| ||||||
14 | (815 ILCS
505/2MM)
| ||||||
15 | Sec. 2MM.
Verification of accuracy of credit reporting | ||||||
16 | information used to extend consumers
credit. | ||||||
17 | (a) A credit card
issuer who mails an offer or solicitation | ||||||
18 | to apply for a credit card and who receives a
completed | ||||||
19 | application in response to the offer or solicitation
which | ||||||
20 | lists an address that is not substantially the same as
the | ||||||
21 | address on the offer or solicitation may not issue a
credit | ||||||
22 | card based on that application until reasonable steps
have been | ||||||
23 | taken to verify the applicant's change of
address. | ||||||
24 | (b) Any person
who uses a consumer credit report in | ||||||
25 | connection with the approval of credit based on the
application | ||||||
26 | for an extension of credit, and who has received
notification | ||||||
27 | of a police report filed with a consumer reporting
agency that | ||||||
28 | the applicant has been a victim of financial identity
theft, as | ||||||
29 | defined in Section 16G-15 of the Criminal Code of
1961, may not | ||||||
30 | lend money or extend credit without taking reasonable
steps to | ||||||
31 | verify the consumer's identity and confirm that the
application | ||||||
32 | for an extension of credit is not the result of
financial | ||||||
33 | identity theft. | ||||||
34 | (c) For purposes
of this Section, "extension of credit" |
| |||||||
| |||||||
1 | does not include an increase in an existing open-end
credit | ||||||
2 | plan, as defined in Regulation Z of the Federal
Reserve System | ||||||
3 | (12 C.F.R. 226.2), or any change to or review of an
existing | ||||||
4 | credit account. | ||||||
5 | (d) Any person
who violates subsection (a) or subsection | ||||||
6 | (b) commits an unlawful practice within the meaning of
this | ||||||
7 | Act. | ||||||
8 | (Source: P.A. 93-195, eff. 1-1-04.)
| ||||||
9 | (815 ILCS
505/2NN)
| ||||||
10 | Sec.
2NN
2MM . Receipts;
credit card and debit card account | ||||||
11 | numbers.
| ||||||
12 | (a) Definitions.
As used in this Section: | ||||||
13 | "Cardholder" has
the meaning ascribed to it in Section 2.02 | ||||||
14 | of the Illinois Credit Card and Debit Card
Act. | ||||||
15 | "Credit card" has
the meaning ascribed to it in Section | ||||||
16 | 2.03 of the Illinois Credit Card and Debit Card
Act. | ||||||
17 | "Debit card" has
the meaning ascribed to it in Section 2.15 | ||||||
18 | of the Illinois Credit Card and Debit Card
Act. | ||||||
19 | "Issuer" has the
meaning ascribed to it in Section 2.08 of | ||||||
20 | the Illinois Credit Card and Debit Card
Act. | ||||||
21 | "Person" has the
meaning ascribed to it in Section 2.09 of | ||||||
22 | the Illinois Credit Card and Debit Card
Act. | ||||||
23 | "Provider" means
a person who furnishes money, goods, | ||||||
24 | services, or anything else of value upon presentation,
whether | ||||||
25 | physically, in writing, verbally, electronically, or
| ||||||
26 | otherwise, of a credit card or debit card by the
cardholder, or | ||||||
27 | any agent or employee of that person.
| ||||||
28 | (b) Except as
otherwise provided in this Section, no | ||||||
29 | provider may print or otherwise produce or reproduce
or permit | ||||||
30 | the printing or other production or reproduction of
the | ||||||
31 | following: (i) any part of the credit card or debit
card | ||||||
32 | account number, other than the last 4 digits or other
| ||||||
33 | characters, (ii) the credit card or debit card
expiration date | ||||||
34 | on any receipt provided or made available to the
cardholder. | ||||||
35 | (c) This Section
does not apply to a credit card or debit |
| |||||||
| |||||||
1 | card transaction in which the sole means available to
the | ||||||
2 | provider of recording the credit card or debit card
account | ||||||
3 | number is by handwriting or by imprint of the
card. | ||||||
4 | (d) This Section
does not apply to receipts issued for | ||||||
5 | transactions on the electronic benefits transfer card
system in | ||||||
6 | accordance with 7 CFR 274.12(g)(3).
| ||||||
7 | (e) A violation
of this Section constitutes an unlawful | ||||||
8 | practice within the meaning of this Act.
| ||||||
9 | (f) This Section
is operative on January 1, 2005. | ||||||
10 | (Source: P.A. 93-231, eff. 1-1-04; revised
9-26-03.)
| ||||||
11 | (815 ILCS
505/2PP)
| ||||||
12 | Sec.
2PP
2MM . Mail;
disclosure. It is an unlawful practice | ||||||
13 | under this Act to knowingly mail or send or cause to
be mailed | ||||||
14 | or sent a postcard or letter to a recipient in this
State if:
| ||||||
15 | (1)
the postcard or letter contains a request that the | ||||||
16 | recipient call a telephone
number; and
| ||||||
17 | (2)
the postcard or letter is mailed or sent to induce | ||||||
18 | the recipient to call the
telephone number so that goods, | ||||||
19 | services, or other
merchandise, as defined in Section 1, | ||||||
20 | may be offered for sale to the
recipient; and
| ||||||
21 | (3)
the postcard or letter does not disclose that | ||||||
22 | goods, services, or other
merchandise, as defined in | ||||||
23 | Section 1, may be offered for
sale if the recipient calls | ||||||
24 | the telephone
number. | ||||||
25 | (Source: P.A. 93-459, eff. 1-1-04; revised
9-26-03.) | ||||||
26 | Section 565.
The Prevailing Wage Act is amended by changing | ||||||
27 | Sections 2 and 4 as follows:
| ||||||
28 | (820 ILCS
130/2) (from Ch. 48, par.
39s-2)
| ||||||
29 | Sec. 2.
This Act applies to the wages of laborers, | ||||||
30 | mechanics and other workers employed in any public
works, as | ||||||
31 | hereinafter defined, by any public body and to anyone
under | ||||||
32 | contracts for public works. | ||||||
33 | As used in this
Act, unless the context indicates |
| |||||||
| |||||||
1 | otherwise: | ||||||
2 | "Public works"
means all fixed works constructed by any | ||||||
3 | public body, other than work done directly by any
public | ||||||
4 | utility company, whether or not done under public
supervision | ||||||
5 | or direction, or paid for wholly or in part out of
public | ||||||
6 | funds. "Public works" as defined herein includes all
projects | ||||||
7 | financed in whole or in part with bonds issued under
the | ||||||
8 | Industrial Project Revenue Bond Act (Article 11,
Division 74 of | ||||||
9 | the Illinois Municipal Code), the Industrial Building
Revenue | ||||||
10 | Bond Act, the Illinois Finance Authority Act, the
Illinois | ||||||
11 | Sports Facilities Authority Act, or the Build Illinois
Bond | ||||||
12 | Act, and all projects financed in whole or in part
with loans | ||||||
13 | or other funds made available pursuant to the Build
Illinois | ||||||
14 | Act. "Public works" also includes all projects
financed in | ||||||
15 | whole or in part with funds from the Fund for
Illinois' Future | ||||||
16 | under Section 6z-47 of the State Finance Act, funds
for school | ||||||
17 | construction under Section 5 of the General Obligation
Bond | ||||||
18 | Act, funds authorized under Section 3 of the School
| ||||||
19 | Construction Bond Act, funds for school infrastructure
under | ||||||
20 | Section 6z-45 of the State Finance Act, and funds for
| ||||||
21 | transportation purposes under Section 4 of the General
| ||||||
22 | Obligation Bond Act. "Public works" also includes all
projects | ||||||
23 | financed in whole or in part with funds from the
Department of | ||||||
24 | Commerce and Economic
Opportunity Community
Affairs under the | ||||||
25 | Illinois Renewable Fuels Development Program Act for
which | ||||||
26 | there is no project labor agreement.
| ||||||
27 | "Construction"
means all work on public works involving | ||||||
28 | laborers, workers or mechanics.
| ||||||
29 | "Locality" means
the county where the physical work upon | ||||||
30 | public works is performed, except (1) that if there is
not | ||||||
31 | available in the county a sufficient number of
competent | ||||||
32 | skilled laborers, workers and mechanics to construct
the public | ||||||
33 | works efficiently and properly, "locality" includes
any other | ||||||
34 | county nearest the one in which the work or
construction is to | ||||||
35 | be performed and from which such persons may be
obtained in | ||||||
36 | sufficient numbers to perform the work and (2) that,
with |
| |||||||
| |||||||
1 | respect to contracts for highway work with the
Department of | ||||||
2 | Transportation of this State, "locality" may at the
discretion | ||||||
3 | of the Secretary of the Department of Transportation
be | ||||||
4 | construed to include two or more adjacent counties
from which | ||||||
5 | workers may be accessible for work on such
construction. | ||||||
6 | "Public body"
means the State or any officer, board or | ||||||
7 | commission of the State or any political subdivision
or | ||||||
8 | department thereof, or any institution supported in
whole or in | ||||||
9 | part by public funds, and includes every county, city,
town, | ||||||
10 | village, township, school district, irrigation,
utility, | ||||||
11 | reclamation improvement or other district and every
other | ||||||
12 | political subdivision, district or municipality of the
state | ||||||
13 | whether such political subdivision, municipality or
district | ||||||
14 | operates under a special charter or not.
| ||||||
15 | The terms
"general prevailing rate of hourly wages", | ||||||
16 | "general prevailing rate of wages" or "prevailing rate
of | ||||||
17 | wages" when used in this Act mean the hourly cash
wages plus | ||||||
18 | fringe benefits for training and apprenticeship
programs | ||||||
19 | approved by the U.S. Department of Labor, Bureau of
| ||||||
20 | Apprenticeship and Training, health and welfare,
insurance, | ||||||
21 | vacations and pensions paid generally, in the locality
in which | ||||||
22 | the work is being performed, to employees engaged in
work of a | ||||||
23 | similar character on public works.
| ||||||
24 | (Source: P.A. 92-16, eff. 6-28-01; 93-15, eff.
6-11-03; 93-16, | ||||||
25 | eff. 1-1-04; 93-205, eff. 1-1-04; revised
1-12-04.)
| ||||||
26 | (820 ILCS
130/4) (from Ch. 48, par.
39s-4)
| ||||||
27 | (Text of Section
before amendment by P.A. 93-38 ) | ||||||
28 | Sec. 4.
The public body awarding any contract for public
| ||||||
29 | work or otherwise undertaking any public works, shall
ascertain | ||||||
30 | the general prevailing rate of hourly wages in the
locality in | ||||||
31 | which the work is to be performed, for each craft or
type of | ||||||
32 | worker or mechanic needed to execute the contract, and
where | ||||||
33 | the public body performs the work without letting a
contract | ||||||
34 | therefor, shall ascertain the prevailing rate of wages
on a per | ||||||
35 | hour basis in the locality, and such public body shall
specify |
| |||||||
| |||||||
1 | in the resolution or ordinance and in the call for
bids for the | ||||||
2 | contract, that the general prevailing rate of wages in
the | ||||||
3 | locality for each craft or type of worker or mechanic
needed to | ||||||
4 | execute the contract or perform such work, also the
general | ||||||
5 | prevailing rate for legal holiday and overtime work,
as | ||||||
6 | ascertained by the public body or by the Department of
Labor | ||||||
7 | shall be paid for each craft or type of worker needed
to | ||||||
8 | execute the contract or to perform such work, and it
shall be | ||||||
9 | mandatory upon the contractor to whom the contract is
awarded | ||||||
10 | and upon any subcontractor under him, and where the
public body | ||||||
11 | performs the work, upon the public body, to pay not
less than | ||||||
12 | the specified rates to all laborers, workers and
mechanics | ||||||
13 | employed by them in the execution of the contract or
such work; | ||||||
14 | provided, however, that if the public body desires
that the | ||||||
15 | Department of Labor ascertain the prevailing rate of
wages, it | ||||||
16 | shall notify the Department of Labor to ascertain the
general | ||||||
17 | prevailing rate of hourly wages for work under
contract, or for | ||||||
18 | work performed by a public body without letting a
contract as | ||||||
19 | required in the locality in which the work is to be
performed, | ||||||
20 | for each craft or type of worker or mechanic needed to
execute | ||||||
21 | the contract or project or work to be performed. Upon
such | ||||||
22 | notification the Department of Labor shall ascertain
such | ||||||
23 | general prevailing rate of wages, and certify the
prevailing | ||||||
24 | wage to such public body. The public body awarding the
contract | ||||||
25 | shall cause to be inserted in the contract a
stipulation to the | ||||||
26 | effect that not less than the prevailing rate of wages
as found | ||||||
27 | by the public body or Department of Labor or
determined by the | ||||||
28 | court on review shall be paid to all laborers, workers
and | ||||||
29 | mechanics performing work under the contract. It shall
also | ||||||
30 | require in all such contractor's bonds that the
contractor | ||||||
31 | include such provision as will guarantee the faithful
| ||||||
32 | performance of such prevailing wage clause as provided
by | ||||||
33 | contract. All bid specifications shall list the
specified rates | ||||||
34 | to all laborers, workers and mechanics in the locality
for each | ||||||
35 | craft or type of worker or mechanic needed to execute
the | ||||||
36 | contract. If the Department of Labor revises the
prevailing |
| |||||||
| |||||||
1 | rate of hourly wages to be paid by the public body,
the revised | ||||||
2 | rate shall apply to such contract, and the public body
shall be | ||||||
3 | responsible to notify the contractor and each
subcontractor, of | ||||||
4 | the revised rate. Two or more investigatory hearings
under this | ||||||
5 | Section on the issue of establishing a new prevailing
wage | ||||||
6 | classification for a particular craft or type of
worker shall | ||||||
7 | be consolidated in a single hearing before the
Department. Such | ||||||
8 | consolidation shall occur whether each separate
investigatory | ||||||
9 | hearing is conducted by a public body or the
Department. The | ||||||
10 | party requesting a consolidated investigatory hearing
shall | ||||||
11 | have the burden of establishing that there is no
existing | ||||||
12 | prevailing wage classification for the particular
craft or type | ||||||
13 | of worker in any of the localities under
consideration. | ||||||
14 | It shall be
mandatory upon the contractor or construction | ||||||
15 | manager to whom a contract for public works is awarded
to post, | ||||||
16 | at a location on the project site of the public works
that is | ||||||
17 | easily accessible to the workers engaged on the
project, the | ||||||
18 | prevailing wage rates for each craft or type of worker
or | ||||||
19 | mechanic needed to execute the contract or project or
work to | ||||||
20 | be performed. A failure to post a prevailing wage rate
as | ||||||
21 | required by this Section is a violation of this
Act. | ||||||
22 | (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff.
6-11-03; 93-16, | ||||||
23 | eff. 1-1-04.)
| ||||||
24 | (Text of Section
after amendment by P.A. 93-38 ) | ||||||
25 | Sec. 4.
(a) The public body awarding any contract for | ||||||
26 | public work or otherwise undertaking any public works,
shall | ||||||
27 | ascertain the general prevailing rate of hourly wages
in the | ||||||
28 | locality in which the work is to be performed, for
each craft | ||||||
29 | or type of worker or mechanic needed to execute the
contract, | ||||||
30 | and where the public body performs the work without
letting a | ||||||
31 | contract therefor, shall ascertain the prevailing rate
of wages | ||||||
32 | on a per hour basis in the locality, and such public
body shall | ||||||
33 | specify in the resolution or ordinance and in the call
for bids | ||||||
34 | for the contract, that the general prevailing rate of
wages in | ||||||
35 | the locality for each craft or type of worker or
mechanic |
| |||||||
| |||||||
1 | needed to execute the contract or perform such work,
also the | ||||||
2 | general prevailing rate for legal holiday and overtime
work, as | ||||||
3 | ascertained by the public body or by the Department of
Labor | ||||||
4 | shall be paid for each craft or type of worker needed
to | ||||||
5 | execute the contract or to perform such work, and it
shall be | ||||||
6 | mandatory upon the contractor to whom the contract is
awarded | ||||||
7 | and upon any subcontractor under him, and where the
public body | ||||||
8 | performs the work, upon the public body, to pay not
less than | ||||||
9 | the specified rates to all laborers, workers and
mechanics | ||||||
10 | employed by them in the execution of the contract or
such work; | ||||||
11 | provided, however, that if the public body desires
that the | ||||||
12 | Department of Labor ascertain the prevailing rate of
wages, it | ||||||
13 | shall notify the Department of Labor to ascertain the
general | ||||||
14 | prevailing rate of hourly wages for work under
contract, or for | ||||||
15 | work performed by a public body without letting a
contract as | ||||||
16 | required in the locality in which the work is to be
performed, | ||||||
17 | for each craft or type of worker or mechanic needed to
execute | ||||||
18 | the contract or project or work to be performed. Upon
such | ||||||
19 | notification the Department of Labor shall ascertain
such | ||||||
20 | general prevailing rate of wages, and certify the
prevailing | ||||||
21 | wage to such public body. The public body awarding the
contract | ||||||
22 | shall cause to be inserted in the project
specifications and | ||||||
23 | the contract a stipulation to the effect that not less
than the | ||||||
24 | prevailing rate of wages as found by the public body
or | ||||||
25 | Department of Labor or determined by the court on
review shall | ||||||
26 | be paid to all laborers, workers and mechanics
performing work | ||||||
27 | under the contract. | ||||||
28 | (b) It shall also
be mandatory upon the contractor to whom | ||||||
29 | the contract is awarded to insert into each
subcontract and | ||||||
30 | into the project specifications for each subcontract a
written | ||||||
31 | stipulation to the effect that not less than the
prevailing | ||||||
32 | rate of wages shall be paid to all laborers, workers,
and | ||||||
33 | mechanics performing work under the contract. It shall
also be | ||||||
34 | mandatory upon each subcontractor to cause to be
inserted into | ||||||
35 | each lower tiered subcontract and into the project
| ||||||
36 | specifications for each lower tiered subcontract a
stipulation |
| |||||||
| |||||||
1 | to the effect that not less than the prevailing rate
of wages | ||||||
2 | shall be paid to all laborers, workers, and mechanics
| ||||||
3 | performing work under the contract. A contractor or
| ||||||
4 | subcontractor who fails to comply with this subsection
(b) is | ||||||
5 | in violation of this Act. | ||||||
6 | (c) It shall also
require in all such contractor's bonds | ||||||
7 | that the contractor include such provision as will
guarantee | ||||||
8 | the faithful performance of such prevailing wage
clause as | ||||||
9 | provided by contract. All bid specifications shall
list the | ||||||
10 | specified rates to all laborers, workers and mechanics
in the | ||||||
11 | locality for each craft or type of worker or mechanic
needed to | ||||||
12 | execute the contract. | ||||||
13 | (d) If the
Department of Labor revises the prevailing rate | ||||||
14 | of hourly wages to be paid by the public body, the
revised rate | ||||||
15 | shall apply to such contract, and the public body
shall be | ||||||
16 | responsible to notify the contractor and each
subcontractor, of | ||||||
17 | the revised rate. | ||||||
18 | (e) Two or more
investigatory hearings under this Section | ||||||
19 | on the issue of establishing a new prevailing wage
| ||||||
20 | classification for a particular craft or type of
worker shall | ||||||
21 | be consolidated in a single hearing before the
Department. Such | ||||||
22 | consolidation shall occur whether each separate
investigatory | ||||||
23 | hearing is conducted by a public body or the
Department. The | ||||||
24 | party requesting a consolidated investigatory hearing
shall | ||||||
25 | have the burden of establishing that there is no
existing | ||||||
26 | prevailing wage classification for the particular
craft or type | ||||||
27 | of worker in any of the localities under
consideration. | ||||||
28 | (f)
It shall be mandatory upon the contractor or | ||||||
29 | construction manager to whom a contract for public
works is | ||||||
30 | awarded to post, at a location on the project site of
the | ||||||
31 | public works that is easily accessible to the workers
engaged | ||||||
32 | on the project, the prevailing wage rates for each
craft or | ||||||
33 | type of worker or mechanic needed to execute the
contract or | ||||||
34 | project or work to be performed. A failure to post a
prevailing | ||||||
35 | wage rate as required by this Section is a violation
of this | ||||||
36 | Act. |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff.
6-11-03; 93-16, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | eff. 1-1-04; 93-38, eff. 6-1-04; revised
7-28-03.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 995.
No acceleration or delay. Where this Act makes
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | changes in a statute that is represented in this Act
by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | that is not yet or no longer in effect (for example, a
Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | represented by multiple versions), the use of that
text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | not accelerate or delay the taking effect of (i) the
changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | made by this Act or (ii) provisions derived from any
other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 996.
No revival or extension. This Act does not
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | revive or extend any Section or Act otherwise
repealed. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 999.
Effective date. This Act takes effect upon
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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