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90_HB3047
SEE INDEX
Amends the Civil Administrative Code. Renumbers the
Sections of the Code, organizes the renumbered Sections into
Articles, and rearranges the sequence of the renumbered
Sections according to subject matter. Also resections some
long Sections of the Code into shorter Sections. Amends
various other Acts to change cross references to the Civil
Administrative Code to reflect the renumbering of the Code
Sections. Effective January 1, 1999.
LRB9009239DJcd
LRB9009239DJcd
1 AN ACT to revise the Civil Administrative Code of
2 Illinois.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1. REVISORY PROVISIONS
6 Section 1-5. Purpose. The purpose of this amendatory Act
7 is to revise the Civil Administrative Code of Illinois by
8 renumbering and rearranging the provisions of that Code,
9 making only nonsubstantive and technical changes.
10 Section 1-10. Prior law.
11 (a) A provision revised and continued in the Civil
12 Administrative Code of Illinois by this amendatory Act shall
13 be construed as a continuation of the prior law and not as a
14 new or different law.
15 (b) A citation in an Act other than the Civil
16 Administrative Code of Illinois to a Section of that Code
17 that is renumbered and continued in that Code by this
18 amendatory Act shall be construed to be a citation to that
19 renumbered and continued provision in that Code.
20 (c) Section 46.20 of the Civil Administrative Code of
21 Illinois (20 ILCS 605/46.20), which authorizes the
22 Department of Commerce and Community Affairs to make rules
23 and regulations, duplicates Section 46.42 of the Code (20
24 ILCS 605.46.42). Section 46.20 is therefore redundant and is
25 repealed without being continued in the Code. Section 46.42
26 is continued in the Code at 20 ILCS 605/35-95.
27 Section 1-15. Other Acts of the General Assembly. If any
28 other Act of the General Assembly changes, adds, or repeals a
29 provision of prior law that is renumbered and continued in
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1 the Civil Administrative Code of Illinois by this amendatory
2 Act, then that change, addition, or repeal in the other Act
3 shall be construed together with the Civil Administrative
4 Code of Illinois as amended by this amendatory Act.
5 Section 1-20. Matters of form.
6 (a) The parenthetic citation before a new Article
7 heading or new Section in the Form "(XX ILCS XX/Art. XX
8 heading new)" or "(XX ILCS XX/XX new)" (i) is an
9 informational reference to the citation of the new Article
10 heading or new Section in the Illinois Compiled Statutes and
11 (ii) is not part of the text of the law.
12 (b) The parenthetic citation before a new Section in the
13 form "(was XX ILCS XX/XX)" (i) is an informational reference
14 to the prior law from which the new Section is derived and
15 (ii) is not part of the text of the law.
16 (c) In the text of a new Section, (i) matter that is
17 stricken indicates a deletion from the prior law and (ii)
18 matter that is underscored indicates an addition to the prior
19 law. The purpose of striking and underscoring in this manner
20 is to clearly indicate all changes to prior laws that are
21 being renumbered and continued in the Civil Administrative
22 Code of Illinois. Matter in the text of a new Section that
23 is not stricken or underscored is matter being continued in
24 the Code with no changes.
25 (d) The parenthetic citation after a Section in the form
26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
27 is an informational reference to the most recent sources of
28 the continued text in the Session Laws of Illinois and (ii)
29 is not part of the text of the law.
30 Section 1-25. Home rule; mandates. No provision
31 incorporated into the Civil Administrative Code of Illinois
32 by this amendatory Act (i) is a denial of or limitation on
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1 home rule powers if no denial or limitation existed under
2 prior law or (ii) creates a State mandate under the State
3 Mandates Act if no mandate existed under prior law.
4 Section 1-30. Titles; Articles; captions. The language
5 contained in the Titles, Article headings, and Section and
6 subsection captions in this Code:
7 (1) is intended only as a general description that is not
8 a part of the substantive provisions of this Code;
9 (2) does not take precedence over the content of the
10 substantive provisions of this Code; and
11 (3) shall not be used in construing the meaning of the
12 substantive provisions of this Code.
13 ARTICLE 5. AMENDATORY PROVISIONS
14 Section 5-5. The Civil Administrative Code of Illinois
15 is amended by changing and renumbering and, in part,
16 resectioning the Sections of the Code and by adding certain
17 Article headings and Sections to the Code as follows:
18 (20 ILCS 5/Art. 1 heading new)
19 ARTICLE 1. SHORT TITLE
20 AND GENERAL PROVISIONS
21 (20 ILCS 5/1-1 new)
22 (was 20 ILCS 5/1) (from Ch. 127, par. 1)
23 Sec. 1-1. Short title. 1. This Act may be cited as the
24 Civil Administrative Code of Illinois.
25 (Source: P.A. 86-1475.)
26 (20 ILCS 5/1-5 new)
27 Sec. 1-5. Articles. The Civil Administrative Code of
28 Illinois consists of the following Articles:
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1 Article 1. Short title and general provisions (20 ILCS
2 5/1-1 and following).
3 Article 5. Departments of State Government Law (20 ILCS
4 5/5-1 and following).
5 Article 10. Department on Aging Law (20 ILCS 110/).
6 Article 15. Department of Agriculture Law (20 ILCS 205/).
7 Article 20. Department of Human Services (Alcoholism and
8 Substance Abuse) Law (20 ILCS 310/).
9 Article 25. Department of Central Management Services Law
10 (20 ILCS 405/).
11 Article 30. Department of Children and Family Services
12 Powers Law (20 ILCS 510/).
13 Article 35. Department of Commerce and Community Affairs
14 Law (20 ILCS 605/).
15 Article 40. Department of Natural Resources
16 (Conservation) Law (20 ILCS 805/).
17 Article 45. Department of Employment Security Law (20
18 ILCS 1005/).
19 Article 55. Department of Insurance Law (20 ILCS 1405/).
20 Article 60. Department of Labor Law (20 ILCS 1505/).
21 Article 65. Department of Human Services (Mental Health
22 and Developmental Disabilities) Law (20 ILCS 1710/).
23 Article 70. Department of Natural Resources (Mines and
24 Minerals) Law (20 ILCS 1905/).
25 Article 75. Department of Nuclear Safety Law (20 ILCS
26 2005/).
27 Article 80. Department of Professional Regulation Law (20
28 ILCS 2105/).
29 Article 85. Department of Public Aid Law (20 ILCS 2205/).
30 Article 90. Department of Public Health Powers and Duties
31 Law (20 ILCS 2310/).
32 Article 95. Department of Revenue Law (20 ILCS 2505/).
33 Article 100. Department of State Police Law (20 ILCS
34 2605/).
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1 Article 105. Department of Transportation Law (20 ILCS
2 2705/).
3 Article 150. University of Illinois Exercise of Functions
4 and Duties Law (110 ILCS 355/).
5 Article 200. State Budget Law (15 ILCS 20/).
6 Article 205. State Fair Grounds Title Law (5 ILCS 620/).
7 (20 ILCS 5/Art. 5 heading new)
8 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
9 (20 ILCS 5/5-1 new)
10 Sec. 5-1. Article short title. This Article 5 of the
11 Civil Administrative Code of Illinois may be cited as the
12 Departments of State Government Law.
13 (20 ILCS 5/5-5 new)
14 (was 20 ILCS 5/2) (from Ch. 127, par. 2)
15 Sec. 5-5. "Department". 2. The word "department," As used
16 in the Civil Administrative Code of Illinois this Act shall,
17 unless the context otherwise clearly indicates, the word
18 "department" means mean the several departments of the State
19 government as designated in Section 5-15 3 of this Law Act,
20 and none other.
21 (Source: Laws 1917, p. 2.)
22 (20 ILCS 5/5-10 new)
23 (was 20 ILCS 5/2.1)
24 Sec. 5-10. "Director". 2.1. As used in the Civil
25 Administrative this Code of Illinois, unless the context
26 clearly indicates otherwise, the word "director" means the
27 several directors of the departments of State government as
28 designated in Section 5-20 4 of this Law Code and includes
29 the Secretary of Human Services and the Secretary of
30 Transportation.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 5/5-15 new)
3 (was 20 ILCS 5/3) (from Ch. 127, par. 3)
4 Sec. 5-15. Departments of State government. 3. The
5 Departments of State government are created as follows:
6 The Department on Aging.
7 The Department of Agriculture.
8 The Department of Central Management Services.
9 The Department of Children and Family Services.
10 The Department of Commerce and Community Affairs.
11 The Department of Corrections.
12 The Department of Employment Security.
13 The Department of Financial Institutions.
14 The Department of Human Rights.
15 The Department of Human Services.
16 The Department of Insurance.
17 The Department of Labor.
18 The Department of the Lottery.
19 The Department of Natural Resources.
20 The Department of Nuclear Safety.
21 The Department of Professional Regulation.
22 The Department of Public Aid.
23 The Department of Public Health.
24 The Department of Revenue.
25 The Department of State Police.
26 The Department of Transportation.
27 The Department of Veterans' Affairs.
28 The Department of Agriculture;
29 The Department of Labor;
30 The Department of Transportation;
31 The Department of Human Services;
32 The Department of Public Health;
33 The Department of Professional Regulation;
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1 The Department of Natural Resources;
2 The Department of Insurance;
3 The Department of State Police;
4 The Department of Corrections;
5 The Department of Revenue;
6 The Department of Financial Institutions;
7 The Department of Public Aid;
8 The Department of Children and Family Services;
9 The Department of Commerce and Community Affairs;
10 The Department of Central Management Services;
11 The Department on Aging;
12 The Department of Veterans' Affairs;
13 The Department of Nuclear Safety;
14 The Department of Human Rights;
15 The Department of Employment Security;
16 The Department of the Lottery.
17 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
18 (20 ILCS 5/5-20 new)
19 (was 20 ILCS 5/4) (from Ch. 127, par. 4)
20 Sec. 5-20. Heads of departments. 4. Each department
21 shall have an officer as its head who shall be known as
22 director or secretary and who shall, subject to the
23 provisions of the Civil Administrative Code of Illinois this
24 Act, execute the powers and discharge the duties vested by
25 law in his or her respective department.
26 The following officers are hereby created:
27 Director of Aging, for the Department on Aging.
28 Director of Agriculture, for the Department of
29 Agriculture.
30 Director of Central Management Services, for the
31 Department of Central Management Services.
32 Director of Children and Family Services, for the
33 Department of Children and Family Services.
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1 Director of Commerce and Community Affairs, for the
2 Department of Commerce and Community Affairs.
3 Director of Corrections, for the Department of
4 Corrections.
5 Director of Employment Security, for the Department of
6 Employment Security.
7 Director of Financial Institutions, for the Department of
8 Financial Institutions.
9 Director of Human Rights, for the Department of Human
10 Rights.
11 Secretary of Human Services, for the Department of Human
12 Services.
13 Director of Insurance, for the Department of Insurance.
14 Director of Labor, for the Department of Labor.
15 Director of the Lottery, for the Department of the
16 Lottery.
17 Director of Natural Resources, for the Department of
18 Natural Resources.
19 Director of Nuclear Safety, for the Department of Nuclear
20 Safety.
21 Director of Professional Regulation, for the Department
22 of Professional Regulation.
23 Director of Public Aid, for the Department of Public Aid.
24 Director of Public Health, for the Department of Public
25 Health.
26 Director of Revenue, for the Department of Revenue.
27 Director of State Police, for the Department of State
28 Police.
29 Secretary of Transportation, for the Department of
30 Transportation.
31 Director of Veterans' Affairs, for the Department of
32 Veterans' Affairs.
33 Director of Agriculture, for the Department of
34 Agriculture;
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1 Director of Labor, for the Department of Labor;
2 Secretary of Transportation, for the Department of
3 Transportation;
4 Secretary of Human Services, for the Department of Human
5 Services;
6 Director of Public Health, for the Department of Public
7 Health;
8 Director of Professional Regulation, for the Department
9 of Professional Regulation;
10 Director of Natural Resources, for the Department of
11 Natural Resources;
12 Director of Insurance, for the Department of Insurance;
13 Director of State Police, for the Department of State
14 Police;
15 Director of Corrections, for the Department of
16 Corrections;
17 Director of Revenue, for the Department of Revenue;
18 Director of Financial Institutions, for the Department of
19 Financial Institutions;
20 Director of Children and Family Services, for the
21 Department of Children and Family Services;
22 Director of Public Aid, for the Department of Public Aid;
23 Director of Commerce and Community Affairs, for the
24 Department of Commerce and Community Affairs;
25 Director of Central Management Services, for the
26 Department of Central Management Services;
27 Director of Aging, for the Department on Aging;
28 Director of Veterans' Affairs, for the Department of
29 Veterans' Affairs;
30 Director of Human Rights, for the Department of Human
31 Rights;
32 Director of Nuclear Safety, for the Department of Nuclear
33 Safety;
34 Director of Employment Security, for the Department of
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1 Employment Security;
2 Director of the Lottery, for the Department of the
3 Lottery.
4 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
5 (20 ILCS 5/5-95 new)
6 (was 20 ILCS 5/34) (from Ch. 127, par. 34)
7 Sec. 5-95. Pending actions and proceedings. 34. Neither
8 the Civil Administrative Code of Illinois nor this Act or any
9 amendments to the Code thereto shall not affect any act done,
10 ratified, or confirmed, or any right accrued or established,
11 or any action or proceeding had or commenced in a civil or
12 criminal cause before the Code this Act or any amendments to
13 the Code take thereto takes effect. Those; but such actions
14 or proceedings may be prosecuted and continued by the
15 department having jurisdiction, under the Code this Act or
16 any amendments to the Code, thereto of the subject matter to
17 which the such litigation or proceeding pertains.
18 (Source: Laws 1925, p. 585.)
19 (20 ILCS 5/5-100 new)
20 (was 20 ILCS 5/5) (from Ch. 127, par. 5)
21 Sec. 5-100. Executive and administrative officers,
22 boards, and commissions. 5. In addition to the directors of
23 departments, the following executive and administrative
24 officers, boards, and commissions designated in the Sections
25 following this Section and preceding Section 5-200 are
26 created. These, which officers, boards, and commissions in
27 the respective departments shall hold offices created and
28 designated in those Sections 5.01 to 5.13j, each inclusive.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 5/5-105 new)
31 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
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1 Sec. 5-105. Direction, supervision, and control of
2 officers. Each officer 5.14. The officers named in the
3 Sections following Section 5-100 and preceding Section 5-200
4 5.01 to 5.13j shall, except as otherwise provided in the
5 Civil Administrative Code of Illinois this Act, be under the
6 direction, supervision, and control of the director or
7 secretary of the officer's their respective department
8 departments and shall perform the such duties prescribed by
9 as the director or secretary shall prescribe.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (20 ILCS 5/5-110 new)
12 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
13 Sec. 5-110. 5.02. In the Department of Agriculture.
14 Assistant Director of Agriculture.
15 (Source: P.A. 80-594.)
16 (20 ILCS 5/5-115 new)
17 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
18 Sec. 5-115. 5.13e. In the Department of Central
19 Management Services. Two Assistant Directors of Central
20 Management Services.
21 (Source: P.A. 82-789.)
22 (20 ILCS 5/5-120 new)
23 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
24 Sec. 5-120. 5.13g. In the Department of Commerce and
25 Community Affairs. Assistant Director of Commerce and
26 Community Affairs.
27 (Source: P.A. 81-1509.)
28 (20 ILCS 5/5-125 new)
29 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
30 Sec. 5-125. 5.13i. In the Department of Employment
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1 Security. The board of review, which shall consist of 5 five
2 members, 2 two of whom shall be representative citizens
3 chosen from the employee class, 2 two of whom shall be
4 representative citizens chosen from the employing class, and
5 one of whom shall be a representative citizen not identified
6 with either the employing or employee classes.
7 (Source: P.A. 84-1240.)
8 (20 ILCS 5/5-130 new)
9 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
10 Sec. 5-130. 5.13b. In the Department of Financial
11 Institutions. Assistant Director of Financial Institutions.
12 (Source: Laws 1959, p. 2245.)
13 (20 ILCS 5/5-135 new)
14 (was 20 ILCS 5/5.13j)
15 Sec. 5-135. 5.13j. In the Department of Human Services.
16 There shall be 2 Assistant Secretaries of Human Services.
17 Their initial terms shall run from the date of appointment
18 until January 18, 1999, and until their successors have been
19 appointed and have qualified. Thereafter, their terms shall
20 be as provided in Section 5-605 12 of this Law Code.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (20 ILCS 5/5-140 new)
23 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
24 Sec. 5-140. 5.10 In the Department of Insurance.
25 Assistant Director of Insurance.
26 (Source: Laws 1953, p. 82, 567, and 916.)
27 (20 ILCS 5/5-145 new)
28 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
29 Sec. 5-145. 5.03. In the Department of Labor. Assistant
30 Director of Labor; Chief Factory Inspector; and
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1 Superintendent of Safety Inspection and Education.
2 (Source: P.A. 83-1503.)
3 (20 ILCS 5/5-150 new)
4 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
5 Sec. 5-150. 5.09. In the Department of Natural Resources.
6 Assistant Director of Natural Resources.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 5/5-155 new)
9 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
10 Sec. 5-155. 5.04. In the Office of Mines and Minerals of
11 the Department of Natural Resources. In the Office of Mines
12 and Minerals of the Department of Natural Resources, there
13 shall be a State Mining Board, which shall consist of 6 six
14 officers designated as mine officers and the Director of the
15 Office of Mines and Minerals. Three officers shall be
16 representatives of the employing class and 3 of the employee
17 class. The 6 mine officers shall be qualified as follows:
18 (1) A. Two mine officers from the employing class
19 shall have at least 4 years experience in a supervisory
20 capacity in an underground coal mine and each shall hold
21 a certificate of competency as a mine examiner or mine
22 manager.
23 (2) B. The third mine officer from the employing
24 class shall have at least 4 years experience in a
25 supervisory capacity in a surface coal mine.
26 (3) C. Two mine officers from the employee class
27 shall have 4 years experience in an underground coal mine
28 and shall hold a first class certificate of competency.
29 (4) D. The third mine officer from the employee
30 class shall have at least 4 years experience in a surface
31 coal mine.
32 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 5/5-160 new)
2 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
3 Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
4 Assistant Director of Nuclear Safety.
5 (Source: P.A. 82-783.)
6 (20 ILCS 5/5-165 new)
7 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
8 Sec. 5-165. 5.13c. In the Department of Public Aid.
9 Assistant Director of Public Aid.
10 (Source: Laws 1963, p. 2055.)
11 (20 ILCS 5/5-170 new)
12 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
13 Sec. 5-170. 5.07. In the Department of Public Health.
14 Assistant Director of Public Health.
15 (Source: Laws 1953, p. 82, 567, and 916.)
16 (20 ILCS 5/5-175 new)
17 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
18 Sec. 5-175. 5.12. In the Department of Revenue. Assistant
19 Director of Revenue; and State Lottery Superintendent.
20 (Source: P.A. 83-1250.)
21 (20 ILCS 5/5-180 new)
22 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
23 Sec. 5-180. 5.11. In the Department of State Police.
24 Assistant Director of State Police.
25 (Source: P.A. 84-25.)
26 (20 ILCS 5/5-185 new)
27 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
28 Sec. 5-185. 5.05. In the Department of Transportation.
29 Assistant Secretary of Transportation.
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1 (Source: P.A. 77-153.)
2 (20 ILCS 5/5-190 new)
3 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
4 Sec. 5-190. 5.01a. In the Department of Veterans'
5 Affairs. Assistant Director of Veterans' Affairs.
6 (Source: P.A. 79-376.)
7 (20 ILCS 5/5-200 new)
8 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
9 Sec. 5-200. 7.11. Director of Aging. The Director of
10 Aging shall be a senior citizen, as that such term is defined
11 in the "Illinois Act on the Aging", enacted by the
12 Seventy-eighth General Assembly, as now or hereafter amended,
13 who has sufficient experience in providing services to the
14 aging.
15 (Source: P.A. 78-242.)
16 (20 ILCS 5/5-210 new)
17 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
18 Sec. 5-210. 7.08. Director of Children and Family
19 Services. The Director of Children and Family Services shall
20 be qualified by professional education and experience to
21 administer the Department.
22 (Source: Laws 1963, p. 1055.)
23 (20 ILCS 5/5-215 new)
24 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
25 Sec. 5-215. Director and Assistant Director of Financial
26 Institutions. 7.06. The Director and Assistant Director of
27 Financial Institutions shall be persons thoroughly conversant
28 with the theory and practice of the business and purposes of
29 financial institutions.
30 (Source: Laws 1959, p. 2245.)
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1 (20 ILCS 5/5-220 new)
2 (was 20 ILCS 5/7.07b)
3 Sec. 5-220. 7.07b. Secretary of Human Services. The
4 initial term of the Secretary of Human Services shall run
5 from the date of appointment until January 18, 1999, and
6 until a successor has been appointed and has qualified.
7 Thereafter, terms shall be as provided in Section 5-605 12 of
8 this Law Code.
9 (Source: P.A. 89-507, eff. 7-1-97.)
10 (20 ILCS 5/5-225 new)
11 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
12 Sec. 5-225. In the Department of Professional Regulation.
13 7.04. Neither the Director, nor any other executive and
14 administrative officer in the Department of Professional
15 Regulation shall be affiliated with any college or school
16 that which prepares individuals for licensure in any
17 profession or occupation regulated by the Department, either
18 as teacher, officer, or stockholder, nor shall the director
19 or other executive and administrative officer he hold a
20 license or certificate to exercise or practice any of the
21 professions, trades, or occupations regulated.
22 (Source: P.A. 85-225.)
23 (20 ILCS 5/5-230 new)
24 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
25 Sec. 5-230. 7.09. Director and Assistant Director of
26 Public Aid. The Director of Public Aid shall (1) have
27 substantial experience in responsible positions requiring
28 skill in administration and fiscal management, and (2) be
29 actively interested in the development of effective programs
30 for the alleviation of poverty and the reduction of
31 dependency and social maladjustment.
32 The Assistant Director of Public Aid shall have the same
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1 general qualifications as those set forth for the Director of
2 Public Aid in clauses (1) and (2) of the preceding paragraph
3 above.
4 (Source: P.A. 81-1256.)
5 (20 ILCS 5/5-235 new)
6 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
7 Sec. 5-235. In the Department of Public Health. 7.03. The
8 Director of Public Health shall be a physician licensed to
9 practice medicine in all of its branches in Illinois.
10 The Assistant Director of Public Health shall be a person
11 who has administrative experience in public health work.
12 (Source: P.A. 87-633.)
13 (20 ILCS 5/5-300 new)
14 (was 20 ILCS 5/9) (from Ch. 127, par. 9)
15 Sec. 5-300. Officers' qualifications and salaries. 9. The
16 executive and administrative officers, whose offices are
17 created by this Act, must have the qualifications prescribed
18 by law and shall receive annual salaries, payable in equal
19 monthly installments, as designated in the Sections following
20 this Section and preceding Section 5-500 9.01 through 9.25.
21 (Source: P.A. 81-1516.)
22 (20 ILCS 5/5-305 new)
23 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
24 Sec. 5-305. Officers' tuition reimbursement. 9.01.
25 Officers may receive tuition reimbursement for continuing
26 education programs at accredited colleges and universities.
27 Reimbursement of a department head's tuition shall be limited
28 to reimbursement for 4 or fewer course hours per semester,
29 shall require the Governor's approval of enrollment with
30 certification that participation will benefit the State, and
31 shall require proof of satisfactory completion of the course
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1 prior to reimbursement.
2 (Source: P.A. 84-500.)
3 (20 ILCS 5/5-310 new)
4 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
5 Sec. 5-310. 9.21. In the Department on of Aging. The
6 Director of Aging shall receive $35,200 from the third Monday
7 in January, 1979 to the third Monday in January, 1980;
8 $37,300 from the third Monday in January, 1980 to the third
9 Monday in January, 1981; $39,500 from the third Monday in
10 January, 1981 to the third Monday in January, 1982, and
11 $40,000 thereafter or as set by the Compensation Review
12 Board, whichever is greater.
13 (Source: P.A. 83-1177.)
14 (20 ILCS 5/5-315 new)
15 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
16 Sec. 5-315. 9.02. In the Department of Agriculture. The
17 Director of Agriculture shall receive $38,500 from the third
18 Monday in January, 1979 to the third Monday in January, 1980;
19 $40,800 from the third Monday in January, 1980 to the third
20 Monday in January, 1981, and $43,000 thereafter or as set by
21 the Compensation Review Board, whichever is greater.;
22 The Assistant Director of Agriculture shall receive
23 $33,000 from the third Monday in January, 1979 to the third
24 Monday in January, 1980; $34,900 from the third Monday in
25 January, 1980 to the third Monday in January, 1981 and
26 $37,000 thereafter or as set by the Compensation Review
27 Board, whichever is greater.
28 (Source: P.A. 83-1177.)
29 (20 ILCS 5/5-320 new)
30 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
31 Sec. 5-320. 9.19. In the Department of Central
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1 Management Services. The Director of Central Management
2 Services shall receive $52,000 annually, or an amount set by
3 the Compensation Review Board, whichever is greater.;
4 Each Assistant Director of Central Management Services
5 shall receive $40,000 annually, or an amount set by the
6 Compensation Review Board, whichever is greater.
7 (Source: P.A. 83-1177.)
8 (20 ILCS 5/5-325 new)
9 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
10 Sec. 5-325. 9.16. In the Department of Children and
11 Family Services. The Director of Children and Family
12 Services shall receive an annual salary of $76,991 or as set
13 by the Compensation Review Board, whichever is greater.
14 (Source: P.A. 87-1216.)
15 (20 ILCS 5/5-330 new)
16 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
17 Sec. 5-330. 9.18. In the Department of Commerce and
18 Community Affairs. The Director of Commerce and Community
19 Affairs shall receive $41,800 annually from the date of his
20 appointment to the third Monday in January, 1980; $44,300
21 from the third Monday in January, 1980 to the third Monday in
22 January, 1981; and $46,000 thereafter or as set by the
23 Compensation Review Board, whichever is greater.
24 The Assistant Director of Commerce and Community Affairs
25 shall receive $35,200 annually from the date of his
26 appointment to the third Monday in January, 1980; $37,300
27 from the third Monday in January, 1980 to the third Monday in
28 January, 1981, and $39,000 thereafter or as set by the
29 Compensation Review Board, whichever is greater.
30 (Source: P.A. 83-1177.)
31 (20 ILCS 5/5-335 new)
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1 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
2 Sec. 5-335. 9.11a. In the Department of Corrections. The
3 Director of Corrections shall receive an annual salary of
4 $85,000 or as set by the Compensation Review Board, whichever
5 is greater.
6 The Assistant Director of Corrections - Juvenile Division
7 shall receive $35,200 from the third Monday in January, 1979
8 to the third Monday in January, 1980; $37,300 from the third
9 Monday in January, 1980 to the third Monday in January, 1981,
10 and $39,000 thereafter or as set by the Compensation Review
11 Board, whichever is greater.
12 The Assistant Director of Corrections - Adult Division
13 shall receive $35,200 from the third Monday in January, 1979
14 to the third Monday in January, 1980; $37,300 from the third
15 Monday in January, 1980 to the third Monday in January, 1981,
16 and $39,000 thereafter or as set by the Compensation Review
17 Board, whichever is greater.
18 (Source: P.A. 87-1216.)
19 (20 ILCS 5/5-340 new)
20 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
21 Sec. 5-340. 9.30. In the Department of Employment
22 Security. The Director of Employment Security shall receive
23 an annual salary of $53,500, or an amount set by the
24 Compensation Review Board, whichever is greater.
25 Each member of the Board of Review shall receive $15,000.
26 (Source: P.A. 84-26.)
27 (20 ILCS 5/5-345 new)
28 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
29 Sec. 5-345. 9.15. In the Department of Financial
30 Institutions. The Director of Financial Institutions shall
31 receive $38,500 from the third Monday in January, 1979 to the
32 third Monday in January, 1980; $40,800 from the third Monday
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1 in January, 1980 to the third Monday in January, 1981, and
2 $43,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.;
4 The Assistant Director of Financial Institutions shall
5 receive $33,000 from the third Monday in January, 1979 to the
6 third Monday in January, 1980; $34,900 from the third Monday
7 in January, 1980 to the third Monday in January 1981, and
8 $37,000 thereafter or as set by the Compensation Review
9 Board, whichever is greater.
10 (Source: P.A. 83-1177.)
11 (20 ILCS 5/5-350 new)
12 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
13 Sec. 5-350. In the Department of Human Rights. 9.24. The
14 Director of Human Rights shall receive $44,000 or as set by
15 the Compensation Review Board, whichever is greater.
16 (Source: P.A. 83-1177.)
17 (20 ILCS 5/5-355 new)
18 (was 20 ILCS 5/9.05a)
19 Sec. 5-355. 9.05a. In the Department of Human Services.
20 The Secretary of Human Services shall receive an annual
21 salary equal to the salary payable to the Director of
22 Corrections under Section 5-335 9.11a of this Law Code, or
23 such other amount as may be set by the Compensation Review
24 Board.
25 The Assistant Secretaries of Human Services shall each
26 receive an annual salary equal to the salary payable to an
27 Assistant Director of Public Aid under Section 5-395 9.17 of
28 this Law Code, or such other amount as may be set by the
29 Compensation Review Board.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (20 ILCS 5/5-360 new)
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1 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
2 Sec. 5-360. 9.10. In the Department of Insurance. The
3 Director of Insurance shall receive $38,500 from the third
4 Monday in January, 1979 to the third Monday in January, 1980;
5 $40,800 from the third Monday in January, 1980 to the third
6 Monday in January, 1981, and $43,000 thereafter or as set by
7 the Compensation Review Board, whichever is greater.;
8 The Assistant Director of Insurance shall receive $30,800
9 from the third Monday in January, 1979 to the third Monday in
10 January, 1980; $32,600 from the third Monday in January, 1980
11 to the third Monday in January, 1981; $34,600 from the third
12 Monday in January, 1981 to the third Monday in January, 1982,
13 and $36,000 thereafter or as set by the Compensation Review
14 Board, whichever is greater.
15 (Source: P.A. 83-1177.)
16 (20 ILCS 5/5-365 new)
17 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
18 Sec. 5-365. 9.03. In the Department of Labor. The
19 Director of Labor shall receive $38,500 from the third Monday
20 in January, 1979 to the third Monday in January, 1980;
21 $40,800 from the third Monday in January, 1980 to the third
22 Monday in January, 1981, and $43,000 thereafter or as set by
23 the Compensation Review Board, whichever is greater.;
24 The Assistant Director of Labor shall receive $33,000
25 from the third Monday in January, 1979 to the third Monday in
26 January, 1980; $34,900 from the third Monday in January, 1980
27 to the third Monday in January, 1981, and $37,000 thereafter
28 or as set by the Compensation Review Board, whichever is
29 greater.;
30 The Chief Factory Inspector shall receive $24,700 from
31 the third Monday in January, 1979 to the third Monday in
32 January, 1980, and $25,000 thereafter, or as set by the
33 Compensation Review Board, whichever is greater.;
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1 The Superintendent of Safety Inspection and Education
2 shall receive $27,500, or as set by the Compensation Review
3 Board, whichever is greater.;
4 The Superintendent of Women's and Children's Employment
5 shall receive $22,000 from the third Monday in January, 1979
6 to the third Monday in January, 1980, and $22,500 thereafter,
7 or as set by the Compensation Review Board, whichever is
8 greater.
9 (Source: P.A. 83-1177; 83-1503.)
10 (20 ILCS 5/5-370 new)
11 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
12 Sec. 5-370. 9.31. In the Department of the Lottery. The
13 Director of the Lottery shall receive an annual salary of
14 $39,000, or an amount set by the Compensation Review Board,
15 whichever is greater.
16 (Source: P.A. 84-1438.)
17 (20 ILCS 5/5-375 new)
18 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
19 Sec. 5-375. 9.09. In the Department of Natural Resources.
20 The Director of Natural Resources shall continue to receive
21 the annual salary set by law for the Director of Conservation
22 until January 20, 1997. Beginning on that date, the Director
23 of Natural Resources shall receive an annual salary of
24 $40,000 or the amount set by the Compensation Review Board,
25 whichever is greater.
26 The Assistant Director of Natural Resources shall
27 continue to receive the annual salary set by law for the
28 Assistant Director of Conservation until January 20, 1997.
29 Beginning on that date, the Assistant Director of Natural
30 Resources shall receive an annual salary of $33,000 or the
31 amount set by the Compensation Review Board, whichever is
32 greater.
-24- LRB9009239DJcd
1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 5/5-380 new)
3 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
4 Sec. 5-380. 9.04. In the Office of Mines and Minerals of
5 the Department of Natural Resources. Each mine officer shall
6 receive $7,500 or the amount set by the Compensation Review
7 Board, whichever is greater.
8 (Source: P.A. 89-445, eff. 2-7-96.)
9 (20 ILCS 5/5-385 new)
10 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
11 Sec. 5-385. 9.25. In the Department of Nuclear Safety.
12 The Director of Nuclear Safety shall receive $45,000 or as
13 set by the Compensation Review Board, whichever is greater.
14 (Source: P.A. 83-1177.)
15 (20 ILCS 5/5-390 new)
16 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
17 Sec. 5-390. 9.08. In the Department of Professional
18 Regulation. The Director of Professional Regulation shall
19 receive $35,200 from the third Monday in January, 1979 to the
20 third Monday in January, 1980; $37,300 from the third Monday
21 in January, 1980 to the third Monday in January, 1981 and
22 $44,000 thereafter or as set by the Compensation Review
23 Board, whichever is greater.
24 (Source: P.A. 85-225.)
25 (20 ILCS 5/5-395 new)
26 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
27 Sec. 5-395. 9.17. In the Department of Public Aid. The
28 Director of Public Aid shall receive $48,400 from the third
29 Monday in January, 1979 to the third Monday in January, 1980;
30 $51,300 from the third Monday in January, 1980 to the third
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1 Monday in January, 1981, and $52,000 thereafter or as set by
2 the Compensation Review Board, whichever is greater.;
3 The Assistant Director of Public Aid shall receive
4 $35,200 from the third Monday in January, 1979 to the third
5 Monday in January, 1980; $37,300 from the third Monday in
6 January, 1980 to the third Monday in January, 1981; $39,500
7 from the third Monday in January, 1981 to the third Monday in
8 January, 1982, and $40,000 thereafter or as set by the
9 Compensation Review Board, whichever is greater.
10 (Source: P.A. 83-1177.)
11 (20 ILCS 5/5-400 new)
12 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
13 Sec. 5-400. 9.07. In the Department of Public Health. The
14 Director of Public Health shall receive $48,400 from the
15 third Monday in January, 1979 to the third Monday in January,
16 1980; $51,300 from the third Monday in January, 1980 to the
17 third Monday in January, 1981, and $52,000 thereafter or as
18 set by the Compensation Review Board, whichever is greater.;
19 The Assistant Director of Public Health shall receive
20 $35,200 from the third Monday in January, 1979 to the third
21 Monday in January, 1980; $37,300 from the third Monday in
22 January, 1980 to the third Monday in January, 1981; $39,500
23 from the third Monday in January, 1981 to the third Monday in
24 January, 1982, and $40,000 thereafter or as set by the
25 Compensation Review Board, whichever is greater.
26 (Source: P.A. 83-1177.)
27 (20 ILCS 5/5-405 new)
28 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
29 Sec. 5-405. 9.12. In the Department of Revenue. The
30 Director of Revenue shall receive $41,800 from the third
31 Monday in January, 1979 to the third Monday in January, 1980;
32 $44,300 from the third Monday in January, 1980 to the third
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1 Monday in January, 1981, and $46,000 thereafter or as set by
2 the Compensation Review Board, whichever is greater.;
3 The Assistant Director of Revenue shall receive $35,200
4 from the third Monday in January, 1979 to the third Monday in
5 January, 1980; $37,300 from the third Monday in January, 1980
6 to the third Monday in January, 1981, and $39,000 thereafter
7 or as set by the Compensation Review Board, whichever is
8 greater.
9 Beginning July 1, 1990, the annual salary of the Taxpayer
10 Ombudsman shall be the greater of an amount set by the
11 Compensation Review Board or $69,000, adjusted each July 1
12 thereafter by a percentage increase equivalent to that of the
13 "Employment Cost Index, Wages and Salaries, By Occupation and
14 Industry Groups: State and Local Government Workers: Public
15 Administration" as published by the Bureau of Labor
16 Statistics of the U.S. Department of Labor for the calendar
17 year immediately preceding the year of the respective July
18 1st increase date, the such increase to be no less than zero
19 nor greater than 5% five percent and to be added to the then
20 current annual salary.
21 (Source: P.A. 86-1338)
22 (20 ILCS 5/5-410 new)
23 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
24 Sec. 5-410. 9.11. In the Department of State Police. The
25 Director of State Police shall receive $41,800 from the third
26 Monday in January, 1979 to the third Monday in January, 1980;
27 $44,300 from the third Monday in January, 1980 to the third
28 Monday in January, 1981, and $46,000 thereafter or as set by
29 the Compensation Review Board, whichever is greater.;
30 The Assistant Director of State Police shall receive
31 $35,200 from the third Monday in January, 1979 to the third
32 Monday in January, 1980; $37,300 from the third Monday in
33 January, 1980 to the third Monday in January, 1981, and
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1 $39,000 thereafter or as set by the Compensation Review
2 Board, whichever is greater.
3 (Source: P.A. 84-25; 84-832.)
4 (20 ILCS 5/5-415 new)
5 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
6 Sec. 5-415. 9.05. In the Department of Transportation.
7 The Secretary of Transportation shall receive $48,400 from
8 the third Monday in January, 1979 to the third Monday in
9 January, 1980; $51,300 from the third Monday in January, 1980
10 to the third Monday in January, 1981, and $52,000 thereafter
11 or as set by the Compensation Review Board, whichever is
12 greater.;
13 The Assistant Secretary of Transportation shall receive
14 $38,500 from the third Monday in January, 1979 to the third
15 Monday in January, 1980; $40,800 from the third Monday in
16 January, 1980 to the third Monday in January, 1981, and
17 $43,000 thereafter or as set by the Compensation Review
18 Board, whichever is greater.
19 (Source: P.A. 83-1177.)
20 (20 ILCS 5/5-420 new)
21 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
22 Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
23 The Director of Veterans' Affairs shall receive $38,500 from
24 the third Monday in January, 1979 to the third Monday in
25 January, 1980; $40,800 from the third Monday in January, 1980
26 to the third Monday in January, 1981, and $43,000 thereafter
27 or as set by the Compensation Review Board, whichever is
28 greater.
29 The Assistant Director of Veterans' Affairs shall receive
30 $33,000 from the third Monday in January, 1979 to the third
31 Monday in January, 1980; $34,900 from the third Monday in
32 January, 1980 to the third Monday in January, 1981, and
-28- LRB9009239DJcd
1 $37,000 thereafter or as set by the Compensation Review
2 Board, whichever is greater.
3 (Source: P.A. 83-1177.)
4 (20 ILCS 5/5-500 new)
5 (was 20 ILCS 5/6) (from Ch. 127, par. 6)
6 Sec. 5-500. Advisory and non-executive boards. 6.
7 Advisory and non-executive boards, in the respective
8 departments, are created as designated in the Sections
9 following this Section and preceding Section 5-600 6.01
10 through 6.27. The members of the such boards shall be
11 officers.
12 (Source: P.A. 76-1158.)
13 (20 ILCS 5/5-505 new)
14 (was 20 ILCS 5/8) (from Ch. 127, par. 8)
15 Sec. 5-505. Boards' general powers and duties. 8. Each
16 advisory and non-executive board, except as otherwise
17 expressly provided in this Act, and in addition to all powers
18 and duties otherwise expressly provided, shall, with respect
19 to its field of work, or that of the department with which it
20 is associated, have the following powers and duties:
21 (1) 1. To consider and study the entire field; to
22 advise the executive officers of the department upon
23 their request; to recommend, on its own initiative,
24 policies and practices, which recommendations the
25 executive officers of the department shall duly
26 consider;, and to give advice or make recommendations to
27 the Governor and the General Assembly when so requested,
28 or on its own initiative.;
29 (2) 2. To investigate the conduct of the work of
30 the department with which it may be associated, and for
31 this purpose to have access, at any time, to all books,
32 papers, documents, and records pertaining or belonging to
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1 that department thereto, and to require written or oral
2 information from any officer or employee of that
3 department thereof;
4 (3) 3. To adopt rules, not inconsistent with law,
5 for its internal control and management., A copy of the
6 which rules shall be filed with the director of the
7 department with which the such board is associated.;
8 (4) 4. To hold meetings at the such times and
9 places as may be prescribed by the rules but, not less
10 frequently, however, than quarterly.;
11 (5) 5. To act by a sub-committee, or by a majority
12 of the board, if the rules so prescribe.;
13 (6) 6. To keep minutes of the transactions of each
14 session, regular or special, which shall be public
15 records and filed with the director of the department.;
16 (7) 7. To give notice to the Governor and to the
17 director of the department with which it is associated of
18 the time and place of every meeting, regular or special,
19 and to permit the Governor and the director of the
20 department to be present and to be heard upon any matter
21 coming before the such board.
22 (Source: Laws 1955, p. 2222.)
23 (20 ILCS 5/5-510 new)
24 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
25 Sec. 5-510. Gender balanced appointments. 8.1. All
26 appointments to boards, commissions, committees, and councils
27 of the State created by the laws of this State and after July
28 1, 1992 the effective date of this Section shall be gender
29 balanced to the extent possible and to the extent that
30 appointees are qualified to serve on those boards,
31 commissions, committees, and councils. If gender balance is
32 not possible, then appointments shall provide for significant
33 representation of both sexes to boards, commissions,
-30- LRB9009239DJcd
1 committees, and councils governed by this Section and the
2 Gender Balanced Appointments Act. If there are multiple
3 appointing authorities for a board, commission, committee, or
4 council, they shall each strive to achieve gender balance in
5 their appointments.
6 Appointments made in accordance with this Section should
7 be made in a manner that makes a good faith attempt to seek
8 gender balance based on the numbers of each gender belonging
9 to the group from which appointments are made.
10 (Source: P.A. 87-797.)
11 (20 ILCS 5/5-515 new)
12 (was 20 ILCS 5/10) (from Ch. 127, par. 10)
13 Sec. 5-515. Compensation prohibited. 10. No member of an
14 advisory and non-executive board shall receive any
15 compensation.
16 (Source: Laws 1917, p. 2.)
17 (20 ILCS 5/5-520 new)
18 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
19 Sec. 5-520. 6.27. In the Department on Aging. A Council
20 on Aging and a Coordinating Committee of State Agencies
21 Serving Older Persons composed and appointed as provided in
22 the Illinois Act on the Aging.
23 (Source: P.A. 89-249, eff. 8-4-95.)
24 (20 ILCS 5/5-525 new)
25 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
26 Sec. 5-525. 6.01. In the Department of Agriculture.
27 (a) A Board of Agricultural Advisors composed of 17
28 persons engaged in agricultural industries, including
29 representatives of the agricultural press and of the State
30 Agricultural Experiment Station.
31 (b) An Advisory Board of Livestock Commissioners to
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1 consist of 24 persons. The Board shall consist of the
2 administrator of animal disease programs, the Dean of the
3 College of Agriculture of the University of Illinois, the
4 Dean of the College of Veterinary Medicine of the University
5 of Illinois, and commencing on January 1, 1990 the Deans or
6 Chairmen of the Colleges or Departments of Agriculture of
7 Illinois State University, Southern Illinois University, and
8 Western Illinois University in that order who shall each
9 serve for 1 year terms, provided that commencing on January
10 1, 1993 such terms shall be for 2 years in the same order,
11 the Director of Public Health, the chairman of the
12 Agriculture, Conservation and Energy Committee of the Senate,
13 and the chairman of the Committee on Agriculture of the House
14 of Representatives, who shall ex-officio be members of the
15 Board, thereof and 17 additional persons interested in the
16 prevention, elimination and control of diseases of domestic
17 animals and poultry who shall be appointed by the Governor to
18 serve at the Governor's his pleasure. An appointed member's
19 office becomes vacant upon the member's his absence from 3
20 consecutive meetings. Of the 17 such additional persons, one
21 shall be a representative of breeders of beef cattle, one
22 shall be a representative of breeders of dairy cattle, one
23 shall be a representative of breeders of dual purpose cattle,
24 one shall be a representative of breeders of swine, one shall
25 be a representative of poultry breeders, one shall be a
26 representative of sheep breeders, one shall be a veterinarian
27 licensed in this State, one shall be a representative of
28 general or diversified farming, one shall be a representative
29 of the public stockyards, one shall be a representative of
30 livestock auction markets, one shall be a representative of
31 cattle feeders, one shall be a representative of pork
32 producers, one shall be a representative of the State
33 licensed meat packers, one shall be a representative of
34 canine breeders, one shall be a representative of equine
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1 breeders, one shall be a representative of the Illinois
2 licensed renderers, and one shall be a representative of
3 livestock dealers. The members shall receive no compensation
4 but shall be reimbursed for expenses necessarily incurred in
5 the performance of their duties. In the appointment of the
6 such Advisory Board of Livestock Commissioners, the Governor
7 shall consult with representative persons and recognized
8 organizations in the respective fields concerning the such
9 appointments.
10 Rules and regulations of the Department of Agriculture
11 pertaining to the prevention, elimination, and control of
12 diseases of domestic animals and poultry shall be submitted
13 to the Advisory Board of Livestock Commissioners for approval
14 at its duly called meeting. The chairman of the Board shall
15 certify the official minutes of the Board's action and shall
16 file the certified minutes with the Department of Agriculture
17 within 30 days after the proposed rules and regulations are
18 submitted and before they are promulgated and made effective.
19 If the Board fails to take action within 30 days this
20 limitation shall not apply and the such rules and regulations
21 may be promulgated and made effective. In the event it is
22 deemed desirable, the Board may hold hearings upon the such
23 rules and regulations or proposed revisions. The Board
24 members shall be familiar with the Acts relating to the
25 prevention, elimination, and control of diseases among
26 domestic animals and poultry. The Department shall, upon the
27 request of a Board member, advise the with such Board
28 concerning the administration of the respective Acts.
29 The Director of Agriculture or his representative from
30 the Department shall act as chairman of the Board. The
31 Director shall call meetings of the Board thereof from time
32 to time or when requested by 3 or more appointed members of
33 the Board. A quorum of appointed members must be present to
34 convene an official meeting. The chairman and ex-officio
-33- LRB9009239DJcd
1 members shall not be included in a quorum call. Ex-officio
2 members may be represented by a duly authorized
3 representative from their department, division, college, or
4 committee. Appointed members shall not be represented at a
5 meeting by another person. Ex-officio members and appointed
6 members shall have the right to vote on all proposed rules
7 and regulations; voting that in effect would pertain to
8 approving rules and regulations shall be taken by an oral
9 roll call. No member shall vote by proxy. The chairman shall
10 not vote except in the case of a tie vote. Any member
11 ex-officio or appointed member may ask for and shall receive
12 an oral roll call on any motion before the Board. The
13 Department shall provide a clerk to take minutes of the
14 meetings and record transactions of the Board. The Board, by
15 oral roll call, may require an official court reporter to
16 record the minutes of the meetings.
17 (Source: P.A. 86-232.)
18 (20 ILCS 5/5-530 new)
19 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
20 Sec. 5-530. 6.01a. In the Department of Agriculture and
21 in cooperation with the Department of Commerce and Community
22 Affairs. An Agricultural Export Advisory Committee composed
23 of the following: 2 members of the House of Representatives,
24 to be appointed by the Speaker of the House of
25 Representatives thereof; 2 members of the Senate, to be
26 appointed by the President of the Senate; the Director of
27 Agriculture, who shall serve as Secretary of the Committee;
28 and not more than 15 members to be appointed by the Governor.
29 The members of the committee shall receive no compensation,
30 but shall be reimbursed for expenses necessarily incurred in
31 the performance of their duties under this Act.
32 (Source: P.A. 81-1509.)
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1 (20 ILCS 5/5-535 new)
2 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
3 Sec. 5-535. 6.15. In the Department of Children and
4 Family Services. A Children and Family Services Advisory
5 Council of 17 members, one of whom shall be a senior citizen
6 age 60 or over, appointed by the Governor. The Such Council
7 shall advise the Department with respect to services and
8 programs for children, and for adults under its care. In
9 appointing the first Council, 8 members shall be named to
10 serve 2 years, and 8 members named to serve 4 years. The
11 member first appointed under Public this amendatory Act
12 83-1538 of 1984 shall serve for a term of 4 years. All
13 members appointed thereafter shall be appointed for terms of
14 4 years. At its first meeting the Council shall select a
15 chairman from among its members and appoint a committee to
16 draft rules of procedure.
17 (Source: P.A. 83-1538.)
18 (20 ILCS 5/5-540 new)
19 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28
20 and 7.01)
21 Sec. 5-540. 6.28. In the Department of Employment
22 Security. An Employment Security Advisory Board, composed of
23 9 persons. Sec. 7.01. Employment Security Advisory Board;
24 members. Of the 9 members of the Employment Security
25 Advisory Board, 3 members shall be representative citizens
26 chosen from the employee class, 3 members shall be
27 representative citizens chosen from the employing class, and
28 3 members shall be representative citizens not identified
29 with either the employing class or the employee class
30 classes.
31 (Source: P.A. 90-372, eff. 7-1-98.)
32 (20 ILCS 5/5-545 new)
-35- LRB9009239DJcd
1 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
2 Sec. 5-545. 6.04. In the Department of Human Services.
3 A Psychiatric Advisory Council appointed by and at the
4 discretion of the Secretary of Human Services, consisting of
5 representatives from the several schools and institutes in
6 Illinois conducting programs of psychiatric training, which
7 shall advise the Department with respect to its policies and
8 programs relating to mental health or developmental
9 disabilities. The members shall serve for the such terms
10 that as the Secretary shall designate.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 5/5-550 new)
13 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
14 Sec. 5-550. 6.23. In the Department of Human Services.
15 A State Rehabilitation Advisory Council, hereinafter referred
16 to as the Council, is hereby established for the purpose of
17 advising the Secretary and the vocational rehabilitation
18 administrator of the provisions of the federal Rehabilitation
19 Act of 1973 and the Americans with Disabilities Act of 1990
20 in matters concerning individuals with disabilities and the
21 provision of rehabilitation services. The Council shall
22 consist of 23 members appointed by the Governor after
23 soliciting recommendations from representatives of
24 organizations representing a broad range of individuals with
25 disabilities and organizations interested in individuals with
26 disabilities. The Governor shall appoint to this Council the
27 following:
28 (1) One representative of a parent training center
29 established in accordance with the federal Individuals
30 with Disabilities Education Act.
31 (2) One representative of the client assistance
32 program.
33 (3) One vocational rehabilitation counselor who has
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1 knowledge of and experience with vocational
2 rehabilitation programs. (If an employee of the
3 Department is appointed, that appointee shall serve as an
4 ex officio, nonvoting member.)
5 (4) One representative of community rehabilitation
6 program service providers.
7 (5) Four representatives of business, industry, and
8 labor.
9 (6) Eight representatives of disability advocacy
10 groups representing a cross section of the following:
11 (A) individuals with physical, cognitive,
12 sensory, and mental disabilities; and
13 (B) parents, family members, guardians,
14 advocates, or authorized representative of
15 individuals with disabilities who have difficulty in
16 representing themselves or who are unable, due to
17 their disabilities, to represent themselves.
18 (7) One current or former applicant for, or
19 recipient of, vocational rehabilitation services.
20 (8) Three representatives from secondary or higher
21 education.
22 The chairperson of, or a member designated by, the Statewide
23 Independent Living Council created under Section 12a of the
24 Disabled Persons Rehabilitation Act, the chairperson of the
25 Blind Services Planning Council created under the Bureau for
26 the Blind Act, and the vocational rehabilitation
27 administrator shall serve as ex officio members.
28 The Council shall select a Chairperson.
29 The Chairperson and at least 11 other members of the
30 Council shall have a recognized disability. One member shall
31 be a senior citizen age 60 or over. A majority of the
32 Council members shall not be employees of the Department of
33 Human Services. Current members of the Rehabilitation
34 Services Advisory Council shall serve until members of the
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1 newly created Council are appointed.
2 The terms of all members appointed before the effective
3 date of Public this amendatory Act 88-10 of 1993 shall expire
4 on July 1, 1993. The members first appointed under Public
5 this amendatory Act 88-10 of 1993 shall be appointed to serve
6 for staggered terms beginning July 1, 1993, as follows: 7
7 members shall be appointed for terms of 3 years, 7 members
8 shall be appointed for terms of 2 years, and 6 members shall
9 be appointed for terms of one year. Thereafter, all
10 appointments shall be for terms of 3 years. Vacancies shall
11 be filled for the unexpired term. Members shall serve until
12 their successors are appointed and qualified. No member
13 shall serve for more than 2 full terms.
14 Members shall be reimbursed for their actual expenses
15 incurred in the performance of their duties, including
16 expenses for travel, child care, and personal assistance
17 services, and a member who is not employed or who must
18 forfeit wages from other employment shall be paid reasonable
19 compensation for each day the member is engaged in performing
20 the duties of the Council.
21 The Council shall meet at least 4 times per year at times
22 and places designated by the Chairman upon 10 days written
23 notice to the members. Special meetings may be called by the
24 Chairperson or 7 members of the Council upon 7 days written
25 notice to the other members. Nine members shall constitute a
26 quorum. No member of the Council shall cast a vote on any
27 matter that would provide direct financial benefit to the
28 member or otherwise give the appearance of a conflict of
29 interest under Illinois law.
30 The Council shall prepare and submit to the vocational
31 rehabilitation administrator the such reports and findings
32 that the vocational rehabilitation administrator as he may
33 request or that as the Council deems fit. The Council shall
34 select jointly with the vocational rehabilitation
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1 administrator a pool of qualified persons to serve as
2 impartial hearing officers.
3 To the extent that there is a disagreement between the
4 Council and the unit within the Department of Human Services
5 responsible for the administration of the vocational
6 rehabilitation program, regarding the resources necessary to
7 carry out the functions of the Council as set forth in this
8 Section, the disagreement shall be resolved by the Governor.
9 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
10 (20 ILCS 5/5-555 new)
11 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
12 Sec. 5-555. 6.02. In the Department of Labor. An Advisory
13 Board to the Department of Labor, composed of 13 members,
14 including 5 representatives of employees, 5 representatives
15 of employers, and 3 public members. Members' terms shall will
16 be for 2 years with appointments staggered to ensure assure
17 continuity in performance of the responsibilities of the
18 Board. The Board shall give notice to the Governor and the
19 Director of Labor of the time and place of every meeting,
20 regular or special, and shall permit the Governor and the
21 Director to be present and to be heard upon any matter coming
22 before the Board.
23 (Source: P.A. 86-544.)
24 (20 ILCS 5/5-560 new)
25 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
26 Sec. 5-560. 6.08. In the Department of Natural Resources.
27 An Advisory Board to the Department of Natural Resources,
28 composed of 11 persons, one of whom shall be a senior citizen
29 age 60 or over.
30 In the appointment of the initial members the Governor
31 shall designate 3 persons to serve for 2 years, 3 for 4
32 years, and 3 for 6 years from the third Monday in January of
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1 the odd-numbered year in which the term commences. The
2 members first appointed under this amendatory Act of 1984
3 shall serve a term of 6 years commencing on the third Monday
4 in January, 1985.
5 The Advisory Board shall formulate long range policies
6 for guidance of the Department in: the protection and
7 conservation of renewable resources of the State of Illinois;
8 the development of areas and facilities for outdoor
9 recreation; the prevention of timber destruction and other
10 forest growth by fire, or otherwise; the reforestation of
11 suitable lands of this State; the extension of cooperative
12 support to other agencies of this State in preventing the
13 prevention and guarding against the pollution of streams and
14 lakes within the State; the management of the wildlife
15 resources, including migratory fowl, and fisheries resources,
16 including the construction of new water impoundment areas;
17 the development of an adequate research program for fish,
18 game, and forestry through cooperation with and support of
19 the Illinois Natural History Survey; and the expressing of
20 policies for proper dissemination of and enforcement of the
21 various laws pertinent to the conservation program of
22 Illinois and the nation.
23 The Board shall make a study of the personnel structure
24 of the Department and shall, from time to time, make
25 recommendations to the Governor and the Director of Natural
26 Resources for a merit system of employment and for the
27 revision of the position classification to the extent which
28 Civil Service classification should apply in departmental
29 positions.
30 The Board shall make studies of the land acquisition
31 needs of the Department and recommendations from time to time
32 as to necessary acquisition of lands for fisheries, game,
33 forestry, and recreational development.
34 The Board may recommend to the Director of Natural
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1 Resources any reductions or increases of seasons, and bag or
2 possession limits, or the closure of any season when research
3 and inventory data indicate the need for those such changes.
4 Such Board members shall be reimbursed for any necessary
5 travel expenses incurred in the performance of their duties.
6 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
7 (20 ILCS 5/5-565 new)
8 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
9 Sec. 5-565. 6.06. In the Department of Public Health.
10 (a) The General Assembly declares it to be the public
11 policy of this State that all citizens of Illinois are
12 entitled to lead healthy lives. Governmental public health
13 has a specific responsibility to ensure that a system is in
14 place to allow the public health mission to be achieved. To
15 develop a system requires certain core functions to be
16 performed by government. The State Board of Health is to
17 assume the leadership role in advising the Director in
18 meeting the following functions:
19 (1) Needs assessment.
20 (2) Statewide health objectives.
21 (3) Policy development.
22 (4) Assurance of access to necessary services.
23 There shall be a State Board of Health composed of 15
24 persons, all of whom shall be appointed by the Governor and
25 one of whom shall be a senior citizen age 60 or over. Five
26 members shall be physicians licensed to practice medicine in
27 all its branches, one representing a medical school faculty,
28 one who is board certified in preventive medicine, and 2 who
29 are engaged in private practice. One member shall be a
30 dentist; one an environmental health practitioner; one a
31 local public health administrator; one a local board of
32 health member; one a registered nurse; one a veterinarian;
33 one a public health academician; one a health care industry
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1 representative; and 2 shall be citizens at large.
2 In the appointment of the first Board of Health members
3 appointed after September 19, 1991 (the effective date of
4 Public this amendatory Act 87-633) of 1991, the Governor
5 shall appoint 5 members to serve for terms of 5 years; 5
6 members to serve for terms of 2 years; and 5 members to serve
7 for a term of one year. Members appointed thereafter shall be
8 appointed for terms of 3 years, except that when where an
9 appointment is made to fill a vacancy, in which case the
10 appointment shall be for the remaining term of the position
11 vacated. All members shall be legal residents of the State
12 of Illinois. The duties of the Board shall include, but not
13 be limited to, the following:
14 (1) To advise the Department of ways to encourage
15 public understanding and support of the Department's
16 programs.
17 (2) To evaluate all boards, councils, committees,
18 authorities, and bodies advisory to, or an adjunct of,
19 the Department of Public Health or its Director for the
20 purpose of recommending to the Director one or more of
21 the following:
22 (i) The elimination of bodies whose activities
23 are not consistent with goals and objectives of the
24 Department.
25 (ii) The consolidation of bodies whose
26 activities encompass compatible programmatic
27 subjects.
28 (iii) The restructuring of the relationship
29 between the various bodies and their integration
30 within the organizational structure of the
31 Department.
32 (iv) The establishment of new bodies deemed
33 essential to the functioning of the Department.
34 (3) To serve as an advisory group to the Director
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1 for public health emergencies and control of health
2 hazards.
3 (4) To advise the Director regarding public health
4 policy, and to make health policy recommendations
5 regarding priorities to the Governor through the
6 Director.
7 (5) To present public health issues to the Director
8 and to make recommendations for the resolution of those
9 issues.
10 (6) To recommend studies to delineate public health
11 problems.
12 (7) To make recommendations to the Governor through
13 the Director regarding the coordination of State public
14 health activities with other State and local public
15 health agencies and organizations.
16 (8) To report on or before February 1 of each year
17 on the health of the residents of Illinois to the
18 Governor, the General Assembly, and the public.
19 (9) To review the final draft of all proposed
20 administrative rules, other than emergency or preemptory
21 rules and those rules that another advisory body must
22 approve or review within a statutorily defined time
23 period, of the Department after September 19, 1991 (the
24 effective date of Public this amendatory Act 87-633) of
25 1991. The Board shall review the proposed rules within 90
26 days of submission by the Department. The Department
27 shall take into consideration any comments and
28 recommendations of the Board regarding the proposed rules
29 prior to submission to the Secretary of State for initial
30 publication. If the Department disagrees with the
31 recommendations of the Board, it shall submit a written
32 response outlining the reasons for not accepting the
33 recommendations.
34 (10) To make recommendations to the Governor
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1 through the Director concerning the development and
2 periodic updating of Statewide health objectives
3 encompassing, in part, the periodically published federal
4 health objectives for the nation, which will provide the
5 basis for the policy development and assurance roles of
6 the State Health Department, and to make recommendations
7 to the Governor through the Director regarding
8 legislation and funding necessary to implement the
9 objectives.
10 (11) Upon the request of the Governor, to recommend
11 to the Governor candidates for Director of Public Health
12 when vacancies occur in the position.
13 (12) To adopt bylaws for the conduct of its own
14 business, including the authority to establish ad hoc
15 committees to address specific public health programs
16 requiring resolution.
17 Upon appointment, the Board shall elect a chairperson
18 from among its members.
19 Members of the Board shall receive compensation for their
20 services at the rate of $150 per day, not to exceed $10,000
21 per year, as designated by the Director for each day required
22 for transacting the business of the Board, and shall be
23 reimbursed for necessary expenses incurred in the performance
24 of their duties. The Board shall meet from time to time at
25 the call of the Department, at the call of the chairperson,
26 or upon the request of 3 of its members, but shall not meet
27 less than 4 times per year.
28 (b) An Advisory Board of Cancer Control which shall
29 consist of 9 members, one of whom shall be a senior citizen
30 age 60 or over, appointed by the Governor, one of whom shall
31 be designated as chairman by a majority of the members of the
32 Board. No less than 4 members shall be recognized authorities
33 in cancer control, and at least 4 members shall be physicians
34 licensed to practice medicine in all of its branches in the
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1 State of Illinois. In the appointment of the first board the
2 Governor shall appoint 2 members to serve for terms of 1
3 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
4 members first appointed under Public this amendatory Act
5 83-1538 of 1984 shall serve for a term of 3 years. All
6 members appointed, thereafter shall be appointed for terms of
7 3 years, except where an appointment is made to fill a
8 vacancy, in which case the appointment shall be for the
9 remaining term of the position vacant. The members of the
10 Board shall be citizens of the State of Illinois. In the
11 appointment of the Advisory Board the Governor shall invite
12 nominations from recognized medical organizations of this
13 State. The Board is authorized to receive voluntary
14 contributions from any source, and to expend the
15 contributions same for the purpose of cancer control as
16 authorized by this Act, and the laws of this State.
17 (c) An Advisory Board on Necropsy Service to Coroners,
18 which shall counsel and advise with the Director on the
19 administration of the Autopsy Act. The Advisory Board shall
20 consist of 11 members, including a senior citizen age 60 or
21 over, appointed by the Governor, one of whom shall be
22 designated as chairman by a majority of the members of the
23 Board. In the appointment of the first Board the Governor
24 shall appoint 3 members to serve for terms of 1 year, 3 for
25 terms of 2 years, and 3 for terms of 3 years. The members
26 first appointed under Public this amendatory Act 83-1538 of
27 1984 shall serve for a term of 3 years. All members
28 appointed thereafter shall be appointed for terms of 3 years,
29 except that when where an appointment is made to fill a
30 vacancy, in which case the appointment shall be for the
31 remaining term of the position vacant. The members of the
32 Board shall be citizens of the State of Illinois. In the
33 appointment of members of the Advisory Board the Governor
34 shall appoint 3 members who shall be persons licensed to
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1 practice medicine and surgery in the State of Illinois, at
2 least 2 of whom shall have received post-graduate training in
3 the field of pathology; 3 members who are duly elected
4 coroners in this State; and 5 members who shall have interest
5 and abilities in the field of forensic medicine but who shall
6 be neither persons licensed to practice any branch of
7 medicine in this State nor coroners. In the appointment of
8 medical and coroner members of the Board, the Governor shall
9 invite nominations from recognized medical and coroners
10 organizations in this State respectively. Board members,
11 while serving on business of the Board, shall receive actual
12 necessary travel and subsistence expenses while so serving
13 away from their places of residence.
14 (Source: P.A. 86-436; 87-633.)
15 (20 ILCS 5/5-570 new)
16 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
17 6.02a and 7.04a)
18 Sec. 5-570. 6.02a. In the Department of Transportation.
19 A Board of Aeronautical Advisors, composed of 9 persons.
20 Sec. 7.04a. The Board of Aeronautical Advisors shall
21 include among its members at least one person who is
22 interested in air commerce, at least one person who is
23 interested in noncommercial private flying, at least one
24 person who is interested in the operation or management of
25 airports, and at least one person who is interested in the
26 conducting of schools that which have a comprehensive
27 curriculum for instruction of persons desiring to learn how
28 to operate, repair, or maintain aircraft. The Secretary of
29 Transportation shall be a member and chairman of the Board of
30 Aeronautical Advisors. The head of the Division of
31 Aeronautics shall be a member and vice-chairman of the Board.
32 (Source: P.A. 85-1033.)
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1 (20 ILCS 5/5-600 new)
2 (was 20 ILCS 5/11) (from Ch. 127, par. 11)
3 Sec. 5-600. Officer's performance of duties. 11. Each
4 officer provided for by the Civil Administrative Code of
5 Illinois this Act shall perform the such duties that are as
6 may be prescribed by law for the officer's his position and
7 to the best of the officer's his ability shall render
8 faithful and efficient service in the performance of those
9 his duties, to the end that the public interest and welfare
10 may be furthered.
11 (Source: Laws 1927, p. 844.)
12 (20 ILCS 5/5-605 new)
13 (was 20 ILCS 5/12) (from Ch. 127, par. 12)
14 Sec. 5-605. Appointment of officers. 12. Each officer
15 whose office is created by the Civil Administrative Code of
16 Illinois this Act, or by any amendment to the Code thereto,
17 shall be appointed by the Governor, by and with the advice
18 and consent of the Senate. In case of vacancies in those
19 such offices during the recess of the Senate, the Governor
20 shall make a temporary appointment until the next meeting of
21 the Senate, when the Governor he shall nominate some person
22 to fill the such office, and any person so nominated, who is
23 confirmed by the Senate, shall hold his office during the
24 remainder of the term and until his or her successor is shall
25 be appointed and qualified. If the Senate is not in session
26 at the time the Code this Act, or any amendments to the Code
27 thereto, take effect, the Governor shall make a temporary
28 appointment as in the case of a vacancy.
29 During the absence or inability to act of the director of
30 any department, or of the Secretary of Human Services or the
31 Secretary of Transportation, or in case of a vacancy in any
32 such office until a successor is appointed and qualified, the
33 Governor may designate some person as acting director or
-47- LRB9009239DJcd
1 acting secretary to execute the powers and discharge the
2 duties vested by law in that director or secretary.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (20 ILCS 5/5-610 new)
5 (was 20 ILCS 5/13) (from Ch. 127, par. 13)
6 Sec. 5-610. Term of office. 13. Each officer whose office
7 is created by the Civil Administrative Code of Illinois this
8 Act, except as otherwise specifically provided for in the
9 Code this Act, shall hold office for a term of 2 years from
10 the third Monday in January of each odd-numbered year and
11 until the officer's his successor is appointed and qualified.
12 Where the provisions of the Code this Act require General
13 Assembly members to be included in the membership of any
14 advisory and nonexecutive board, the General Assembly members
15 shall serve such terms or until termination of their
16 legislative service, whichever first occurs.
17 (Source: P.A. 83-1250.)
18 (20 ILCS 5/5-615 new)
19 (was 20 ILCS 5/14) (from Ch. 127, par. 14)
20 Sec. 5-615. Officer's oath. 14. Each officer whose office
21 is created by the Civil Administrative Code of Illinois this
22 Act, or by any amendments to the Code thereto, shall, before
23 entering upon the discharge of the duties of the his office,
24 qualify for the office by taking and subscribing the
25 constitutional oath of office and filing the signed oath in
26 the office of the Secretary of State.
27 (Source: P.A. 79-1348.)
28 (20 ILCS 5/5-620 new)
29 (was 20 ILCS 5/15) (from Ch. 127, par. 15)
30 Sec. 5-620. 15. Bond. Each executive and administrative
31 officer whose office is created by the Civil Administrative
-48- LRB9009239DJcd
1 Code of Illinois this Act, or by any amendments to the Code
2 thereto, shall give bond before entering upon the discharge
3 of the duties of his or her office by inclusion in the
4 blanket bond or bonds or self-insurance program provided for
5 in Sections 14.1 and 14.2 of the Official Bond Act.
6 All official bonds required to be executed and filed
7 under this Section are subject to the requirements of the
8 Official Bond Act.
9 (Source: P.A. 90-372, eff. 7-1-98.)
10 (20 ILCS 5/5-625 new)
11 (was 20 ILCS 5/16) (from Ch. 127, par. 16)
12 Sec. 5-625. Department regulations. 16. The director of
13 each department (see Section 5-10 of this Law for the
14 definition of "director") and the Secretary of the Department
15 of Transportation is empowered to prescribe regulations, not
16 inconsistent with law, for the government of the director's
17 his department, the conduct of the department's its employees
18 and clerks, the distribution and performance of the
19 department's its business, and the custody, use, and
20 preservation of the records, papers, books, documents, and
21 property pertaining to the department thereto.
22 (Source: P.A. 77-153.)
23 (20 ILCS 5/5-630 new)
24 (was 20 ILCS 5/17) (from Ch. 127, par. 17)
25 Sec. 5-630. Department offices. 17. Each department shall
26 maintain a central office in the Capitol Building, Centennial
27 Building, or State Office Building at Springfield, in rooms
28 provided by the Secretary of State, or in the Armory Building
29 at Springfield, in rooms provided by the Department of
30 Central Management Services, excepting the Department of
31 Agriculture, which shall maintain a central office at the
32 State fair grounds at Springfield, and the Department of
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1 Transportation, which shall also maintain a Division of
2 Aeronautics at Capital Airport. The director of each
3 department (see Section 5-10 of this Law for the definition
4 of "director") and the Secretary of Transportation, may, in
5 the director's his discretion and with the approval of the
6 Governor, establish and maintain, at places other than the
7 seat of government, branch offices for the conduct of any one
8 or more functions of the director's his department.
9 (Source: P.A. 82-789.)
10 (20 ILCS 5/5-635 new)
11 (was 20 ILCS 5/18) (from Ch. 127, par. 18)
12 Sec. 5-635. Department office hours. 18. Each department
13 shall be open for the transaction of public business at least
14 from 8:30 eight-thirty o'clock in the morning until 5:00 five
15 o'clock in the evening of each day except Saturdays, Sundays,
16 and days that may hereafter be declared by the Governor to be
17 holidays for State employees.
18 (Source: Laws 1965, p. 542.)
19 (20 ILCS 5/5-640 new)
20 (was 20 ILCS 5/19) (from Ch. 127, par. 19)
21 Sec. 5-640. Department seal. 19. Each department shall
22 adopt and keep an official seal.
23 (Source: Laws 1917, p. 2.)
24 (20 ILCS 5/5-645 new)
25 (was 20 ILCS 5/20) (from Ch. 127, par. 20)
26 Sec. 5-645. Department employees. 20. Each department may
27 obtain necessary employees and, if the rate of compensation
28 is not otherwise fixed by law, may fix their compensation
29 subject to the "Personnel Code", approved July 18, 1955, as
30 amended.
31 (Source: Laws 1967, p. 4068.)
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1 (20 ILCS 5/5-650 new)
2 (was 20 ILCS 5/25) (from Ch. 127, par. 25)
3 Sec. 5-650. Department reports. 25. The Governor may
4 require from each director of a department (see Section 5-10
5 of this Law for the definition of "director") and the
6 Secretary of Transportation, a report in writing concerning
7 the condition, management, and financial transactions of the
8 director's department their respective departments. In
9 addition to those such reports, each director of a department
10 and the Secretary of the Department of Transportation, shall
11 make the semi-annual and biennial reports provided by the
12 Constitution.
13 (Source: P.A. 82-905.)
14 (20 ILCS 5/5-655 new)
15 (was 20 ILCS 5/26) (from Ch. 127, par. 26)
16 Sec. 5-655. Cooperation by directors. 26. The directors
17 of departments shall devise a practical and working basis for
18 co-operation and co-ordination of work, eliminating
19 duplication and overlapping of functions. They shall, so far
20 as practicable, co-operate with each other in the employment
21 of services and the use of quarters and equipment. The
22 director of any department may empower or require an employee
23 employe of another department, subject to the consent of the
24 superior officer of the employee employe, to perform any duty
25 that the director which he might require of his or her own
26 subordinates.
27 The directors of departments may co-operate in the
28 investigation of any licensed health care professional or may
29 jointly investigate such a person and may share the results
30 of any cooperative, joint, or independent investigation of
31 such a person.
32 (Source: P.A. 84-1252.)
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1 (20 ILCS 5/5-660 new)
2 (was 20 ILCS 5/31) (from Ch. 127, par. 31)
3 Sec. 5-660. Power to inspect and secure data or
4 information 31. Whenever in the Civil Administrative Code of
5 Illinois this Act power is vested in a department to inspect,
6 examine, or secure data or information, or to procure
7 assistance from another department, a duty is hereby imposed
8 upon the department upon which demand is made, to make that
9 such power effective.
10 (Source: Laws 1917, p. 2.)
11 (20 ILCS 5/5-665 new)
12 (was 20 ILCS 5/29) (from Ch. 127, par. 29)
13 Sec. 5-665. Contracts for fuel. 29. All supplies of fuel
14 except coal purchased for the departments shall be let by
15 contract to the lowest responsible bidder. Advertisements for
16 bids shall be published for at least 10 ten days in one or
17 more of the daily newspapers of general circulation published
18 in each of the 7 seven largest cities of the State,
19 determined by the then last preceding federal census. The
20 officer authorized by law to make contracts for fuel shall
21 prescribe rules and regulations to be observed in the
22 preparation, submission, and opening of bids. All contracts
23 for fuel shall be made subject to the approval of the
24 Governor.
25 The letting of contracts for coal shall be governed by
26 "An Act concerning the use of Illinois Mined Coal Act in
27 certain plants and institutions", filed July 13, 1937, as
28 amended.
29 (Source: P.A. 83-333.)
30 (20 ILCS 5/5-670 new)
31 (was 20 ILCS 5/30) (from Ch. 127, par. 30)
32 Sec. 5-670. Maximum price for fuel. 30. Except as
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1 otherwise provided with respect to the Board of Trustees of
2 the University of Illinois under Section 1a of "An Act to
3 provide for the organization and maintenance of the
4 University of Illinois Act", approved February 28, 1867, the
5 price paid for fuel shall not exceed the following:
6 For anthracite coal, $12 twelve dollars per ton.;
7 For Pennsylvania bituminous, Pocahontas and West
8 Virginia smokeless, eastern Kentucky and Ohio coals, all
9 of the bituminous type, $9 nine dollars per ton.;
10 For Illinois, Indiana, western Kentucky, Missouri
11 and Iowa coals, all of the bituminous type, $7 seven
12 dollars per ton.;
13 For any other coal of the bituminous type, $7 seven
14 dollars per ton.
15 (Source: P.A. 86-1189.)
16 (20 ILCS 5/5-675 new)
17 (was 20 ILCS 5/51) (from Ch. 127, par. 51)
18 Sec. 5-675. 51. Acquisition of land. The Secretary of
19 Transportation and the Director of Natural Resources are
20 respectively authorized, with the consent in writing of the
21 Governor, to acquire by private purchase, or by condemnation
22 in the manner provided for the exercise of the power of
23 eminent domain under Article VII of the Code of Civil
24 Procedure, any and all lands, buildings, and grounds for
25 which an appropriation may be made by the General Assembly,
26 to their respective departments. To the extent necessary to
27 comply with the federal "Uniform Relocation Assistance and
28 Real Property Acquisition Policies Act", Public Law 91-646,
29 as amended, the Department of Transportation and the
30 Department of Natural Resources, respectively, are authorized
31 to operate a relocation program and to pay relocation costs.
32 The departments are authorized to exceed the maximum payment
33 limits of the federal "Uniform Relocation Assistance and Real
-53- LRB9009239DJcd
1 Property Acquisition Policies Act" when necessary to ensure
2 the provision of decent, safe, or sanitary housing, or to
3 secure a suitable relocation site.
4 The Director of Central Management Services is
5 authorized, with the consent in writing of the Governor, to
6 acquire by private purchase, or by condemnation in the manner
7 provided for the exercise of the power of eminent domain
8 under Article VII of the Code of Civil Procedure, all other
9 lands, buildings, and grounds for which an appropriation may
10 be made by the General Assembly. To the extent necessary to
11 comply with the federal "Uniform Relocation Assistance and
12 Real Property Acquisition Policies Act", Public Law 91-646,
13 as amended, the Department of Central Management Services is
14 authorized to operate a relocation program and to pay
15 relocation costs. The Department is authorized to exceed the
16 maximum payment limits of the federal "Uniform Relocation
17 Assistance and Real Property Acquisition Policies Act" when
18 necessary to ensure the provision of decent, safe, and
19 sanitary housing, or to secure a suitable relocation site.
20 The Department shall make or direct the payment of the such
21 relocation amounts from the funds available to acquire the
22 property.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-700 new)
25 (was 20 ILCS 5/32) (from Ch. 127, par. 32)
26 Sec. 5-700. Transfers of rights, powers, and duties. 32.
27 Whenever rights, powers, and duties vested in or exercised by
28 any officer, board, commission, institution, or department,
29 or any deputy, inspector, or subordinate officer of one of
30 those thereof, are, by the Civil Administrative Code of
31 Illinois this Act, or by any amendments to the Code thereto,
32 transferred either in whole or in part, to or vested in a
33 department created by the Code this Act, or by any amendments
-54- LRB9009239DJcd
1 to the Code thereto, those such rights, powers, and duties
2 shall be vested in, and shall be exercised by the department
3 to which they the same are thereby transferred, and not
4 otherwise, and every act done in the exercise of those such
5 rights, powers, and duties shall have the same legal effect
6 as if done by the former officer, board, commission,
7 institution, or department, or any deputy, inspector, or
8 subordinate officer of any of those thereof.
9 Every person and corporation shall be subject to the same
10 obligations and duties and shall have the same rights,
11 arising from the exercise of those such rights, powers, and
12 duties as if those such rights, powers, and duties were
13 exercised by the officer, board, commission, department, or
14 institution, or deputy, inspector, or subordinate of any of
15 those thereof, designated in the respective laws that which
16 are to be administered by departments created by the Civil
17 Administrative Code of Illinois this Act or by any amendments
18 to the Code thereto. Every person and corporation shall be
19 subject to the same penalty or penalties, civil or criminal,
20 for failure to perform any such obligation or duty, or for
21 doing a prohibited act, as if the such obligation or duty
22 arose from, or the such act were prohibited in, the exercise
23 of the such right, power, or duty by the officer, board,
24 commission, department, or institution, or deputy, inspector,
25 or subordinate of any of those thereof, designated in the
26 respective laws that which are to be administered by
27 departments created by the Civil Administrative Code of
28 Illinois this Act or by any amendments to the Code thereto.
29 Every officer and employee shall, for any offense, be subject
30 to the same penalty or penalties, civil or criminal, as are
31 prescribed by existing law for the same offense by any
32 officer or employee whose powers or duties devolved upon the
33 officer or employee him under the Code this Act or under by
34 any amendments to the Code thereto.
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1 All books, records, papers, documents, property, real and
2 personal, unexpended appropriations, and pending business in
3 any way pertaining to the rights, powers, and duties so
4 transferred to or vested in a department created by the Civil
5 Administrative Code of Illinois this Act, or by any
6 amendments to the Code thereto, shall be delivered and
7 transferred to the department succeeding to those such
8 rights, powers, and duties.
9 (Source: Laws 1941, vol. 1, p. 1214.)
10 (20 ILCS 5/5-705 new)
11 (was 20 ILCS 5/33) (from Ch. 127, par. 33)
12 Sec. 5-705. Reports and notices after position or entity
13 abolished or duties transferred. 33. Whenever reports or
14 notices are now required to be made or given, or papers or
15 documents furnished or served by any person to or upon any
16 officer, board, commission, or institution, or any deputy,
17 inspector, or subordinate of any of those thereof, abolished
18 by the Civil Administrative Code of Illinois this Act, or by
19 any amendments to the Code thereto, or whose duties with
20 relation to the subject matter of those such reports,
21 notices, papers, or documents have, by the Code this Act, or
22 any amendments to the Code thereto, been transferred to
23 another department, division, office, board, or other agency
24 of the State government, the same shall be made, given,
25 furnished, or served in the same manner to or upon the
26 department, division, office, board, or other agency upon
27 which are devolved by the Code this Act or by any amendments
28 to the Code thereto the rights, powers, and duties now
29 exercised or discharged by the such officer, board,
30 commission, or institution, or the deputy, inspector, or
31 subordinate of any of those, thereof and every penalty for
32 failure so to do shall continue in effect.
33 (Source: P.A. 77-153.)
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1 (20 ILCS 110/Art. 10 heading new)
2 ARTICLE 10. DEPARTMENT ON AGING
3 (20 ILCS 110/10-1 new)
4 Sec. 10-1. Article short title. This Article 10 of the
5 Civil Administrative Code of Illinois may be cited as the
6 Department on Aging Law.
7 (20 ILCS 110/10-5 new)
8 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
9 Sec. 10-5. 69. The Department on Aging; powers. The
10 Department on Aging shall exercise, administer, and enforce
11 all rights, powers, and duties vested in the Department on
12 Aging by the "Illinois Act on the Aging", enacted by the
13 Seventy-eighth General Assembly as amended.
14 (Source: P.A. 78-242.)
15 (20 ILCS 205/Art. 15 heading new)
16 ARTICLE 15. DEPARTMENT OF AGRICULTURE
17 (20 ILCS 205/15-1 new)
18 Sec. 15-1. Article short title. This Article 15 of the
19 Civil Administrative Code of Illinois may be cited as the
20 Department of Agriculture Law.
21 (20 ILCS 205/15-5 new)
22 Sec. 15-5. Definition. In this Law, "Department" means
23 the Department of Agriculture.
24 (20 ILCS 205/15-10 new)
25 (was 20 ILCS 205/40) (from Ch. 127, par. 40)
26 Sec. 15-10. Powers, generally. 40. The Department of
27 Agriculture has the powers enumerated in the following
28 Sections 40.1 through 40.45.
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1 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
2 (20 ILCS 205/15-15 new)
3 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
4 40.7 and 40.8)
5 Sec. 15-15. Encouragement and promotion of agricultural
6 interests. 40.7.
7 (a) The Department has the power to encourage and
8 promote, in every practicable manner, the interests of
9 agriculture, including horticulture, the livestock industry,
10 dairying, cheese making, poultry, bee keeping, forestry, the
11 production of wool, and all other allied industries. In
12 furtherance of the duties set forth in this subsection (a)
13 Section, the Department may establish trust funds and bank
14 accounts in adequately protected financial institutions to
15 receive and disburse monies in connection with the conduct of
16 food shows, food expositions, trade shows, and other
17 promotional activities, and to sell at cost, to qualified
18 applicants, signs designating farms that, which have been
19 owned for 100 years or more by lineal descendants of the same
20 family, as "Centennial Farms". The Department shall provide
21 applications for the such signs, which shall be submitted
22 with the required fee. "Centennial Farms" signs shall not
23 contain within their design, the name, picture, or other
24 likeness of any elected public official or any appointed
25 public official.
26 (b) The Department has the power Sec. 40.8. to promote
27 improved methods of conducting the these several industries
28 described in subsection (a) with a view to increasing the
29 production and facilitating facilitate the distribution
30 thereof at the least cost.
31 (Source: Laws 1967, p. 4087; P.A. 80-625.)
32 (20 ILCS 205/15-20 new)
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1 (was 20 ILCS 205/40.7a)
2 Sec. 15-20. 40.7a. State Fair promotion. The Department
3 has the power to encourage and promote agriculture and
4 related industries and activities associated with the
5 Illinois State Fair. The Department may establish State Fair
6 and treasury held funds to receive and disburse moneys in
7 connection with the conduct and promotion of activities held
8 at the Illinois State Fair.
9 (Source: P.A. 88-5.)
10 (20 ILCS 205/15-25 new)
11 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
12 Sec. 15-25. Institutes, societies, fairs, and exhibits.
13 The Department has the power 40.14. to assist, encourage, and
14 promote the organization of farmers' institutes,
15 horticultural and agricultural societies, the holding of
16 fairs, fat stock shows, or other exhibits of the products of
17 agriculture, and the breeding and racing of Illinois
18 conceived and foaled horses.
19 (Source: P.A. 84-295.)
20 (20 ILCS 205/15-30 new)
21 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
22 Sec. 15-30. Production and marketing statistics. The
23 Department has the power 40.9. to collect and publish
24 statistics relating to crop production and marketing and to,
25 the production of and marketing of beef, pork, poultry,
26 mutton, wool, butter, cheese, and other agricultural products
27 so far as that such statistical information may be of value
28 to the agricultural and allied interests of the State.
29 (Source: Laws 1967, p. 4087.)
30 (20 ILCS 205/15-35 new)
31 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
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1 Sec. 15-35. Market news and bulletins. The Department has
2 the power 40.10. to collect, analyze, and publish market news
3 and to establish such facilities and publish such bulletins
4 and news reports that as may be necessary and proper in order
5 to keep producers and handlers informed concerning supply,
6 demand, and other economic conditions affecting and related
7 to the sale of livestock and other agricultural products
8 produced in the State of Illinois.
9 (Source: P.A. 84-295.)
10 (20 ILCS 205/15-40 new)
11 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
12 Sec. 15-40. Export consulting service and standards.
13 40.31. The Department, of Agriculture in cooperation with the
14 Department of Commerce and Community Affairs and the
15 Agricultural Export Advisory Committee, shall (1) provide a
16 consulting service to those who desire to export farm
17 products, commodities, and supplies, and guide them in their
18 efforts to improve trade relations; (2) cooperate with
19 agencies and instrumentalities of the federal government to
20 develop export grade standards for farm products,
21 commodities, and supplies produced in Illinois and shall
22 adopt reasonable rules and regulations to ensure insure that
23 exports of those such products, commodities, and supplies,
24 comply with those such standards; (3) upon request and after
25 inspection of any such farm product, commodity, or supplies,
26 certify compliance or noncompliance with those such
27 standards; (4) provide an informational program to existing
28 and potential foreign importers of farm products,
29 commodities, and supplies; (5) qualify for U. S. Department
30 of Agriculture matching funds for overseas promotion of farm
31 products, commodities, and supplies according to the federal
32 requirements regarding State expenditures that are eligible
33 for matching funds; and (6) provide a consulting service to
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1 persons who desire to export processed or value-added
2 agricultural products, and assist those such persons in
3 ascertaining legal and regulatory restrictions and market
4 preferences that which affect the sale of value-added
5 agricultural products in foreign markets.
6 (Source: P.A. 83-445.)
7 (20 ILCS 205/15-45 new)
8 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
9 Sec. 15-45. "Illinois Product" label program. The
10 Department has the power 40.36. to administer the "Illinois
11 Product" label program, whereby a label with the words
12 "Illinois Product" on it may be placed on food and
13 agribusiness commodities produced, processed, or packaged in
14 Illinois.
15 (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)
16 (20 ILCS 205/15-50 new)
17 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
18 Sec. 15-50. Ginseng marketing program. The Department has
19 the power 40.40. to develop a ginseng marketing program for
20 domestic and international markets.
21 (Source: P.A. 87-121.)
22 (20 ILCS 205/15-55 new)
23 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
24 Sec. 15-55. Gasohol and other alcohol fuels promotion.
25 The Department has the power 40.27. to promote the use of
26 gasohol and other alcohol fuels and to promote the
27 utilization of agricultural crops for the production of
28 alcohol fuels, particularly the use of by-products of such
29 crops without diminishing the primary utilization of such
30 crops.
31 (Source: P.A. 83-439.)
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1 (20 ILCS 205/15-60 new)
2 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
3 Sec. 15-60. 40.35. Aquaculture. The Department has the
4 power to develop and implement a program to promote
5 aquaculture in this State pursuant to the Aquaculture
6 Development Act, to promulgate the necessary rules and
7 regulations, and to cooperate with and seek the assistance of
8 the Department of Natural Resources and the Department of
9 Transportation in the implementation and enforcement of that
10 Act.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 205/15-100 new)
13 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
14 Sec. 15-100. Trees and shrubs; insect pests and plant
15 diseases. The Department has the power 40.11. to encourage
16 the planting of trees and shrubs and the improvement of farm
17 homes generally and; to provide for the suppression and
18 control of insect pests and plant diseases.
19 (Source: P.A. 84-295.)
20 (20 ILCS 205/15-105 new)
21 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
22 Sec. 15-105. County soil surveys. 40.24. The Department
23 of Agriculture shall provide funds sufficient to pay 25% of
24 the cost of conducting county soil surveys conducted pursuant
25 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
26 of Federal Regulations.
27 (Source: P.A. 81-1360.)
28 (20 ILCS 205/15-110 new)
29 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
30 Sec. 15-110. Forestry management; farmland preservation.
31 The Department has the power 40.28. to provide information
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1 and assistance to farmland owners in this State regarding the
2 economic and soil and water conservation benefits that can be
3 attained through forestry management on marginal lands and;
4 to promote farmland preservation.
5 (Source: P.A. 84-295.)
6 (20 ILCS 205/15-115 new)
7 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
8 Sec. 15-115. Revegetation of post-mining land. The
9 Department has the power: 40.38. to develop data used in the
10 Agricultural Lands Productivity Formula that is used in
11 determining the success of revegetation of post-mining land
12 for row-crop agricultural purposes in accordance with the
13 Surface Coal Mining Land Conservation and Reclamation Act; to
14 cooperate with the Department of Natural Resources in
15 determining the success of the such cropland revegetation
16 under the Surface Coal Mining Land Conservation and
17 Reclamation Act; and to publish annually a Soil Master and
18 County Cropped Acreage Manual, which is data derived from and
19 used in the formula. The, but such manual is exempt from the
20 rule-making requirements of the Illinois Administrative
21 Procedure Act.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 205/15-200 new)
24 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
25 Sec. 15-200. Animal welfare. The Department has the power
26 40.16. to execute and administer acts and rules relating to
27 animal welfare.
28 (Source: P.A. 84-295.)
29 (20 ILCS 205/15-205 new)
30 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
31 Sec. 15-205. Contagious and infectious diseases among
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1 domestic animals. The Department has the power 40.13. to
2 inquire into the causes of contagious, infectious, and
3 communicable diseases among domestic animals, and the means
4 for the prevention and cure of those such diseases.
5 (Source: Laws 1967, p. 4087.)
6 (20 ILCS 205/15-300 new)
7 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
8 Sec. 15-300. Inspection of apiaries. The Department has
9 the power 40.4. to exercise the rights, powers, and duties
10 vested by law in the State inspector of apiaries and the
11 inspector's, his assistants and employees.
12 (Source: Laws 1967, p. 4087.)
13 (20 ILCS 205/15-305 new)
14 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
15 Sec. 15-305. Veterinary biologics. The Department has the
16 power 40.12. to approve the use of licensed veterinary
17 biologics in the State and approve field trials of veterinary
18 biologics in accordance with the standards provided for in
19 the Code of Federal Regulations, Title 9, Subpart E.
20 (Source: P.A. 88-91; 88-457.)
21 (20 ILCS 205/15-310 new)
22 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
23 Sec. 15-310. Laboratory services. The Department has the
24 power 40.33. to provide laboratory services for the diagnosis
25 of animal diseases and, for the analysis of feeds,
26 fertilizers, seeds, and pesticides, and to perform related
27 laboratory services.
28 (Source: P.A. 84-295.)
29 (20 ILCS 205/15-315 new)
30 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
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1 Sec. 15-315. Warehouses; buying and selling grain. The
2 Department has the power 40.17. to exercise the rights,
3 powers, and duties vested by law in the Department in
4 regulating grain warehouses, personal property warehouses,
5 and persons engaged in the business of buying and selling
6 grain.
7 (Source: P.A. 84-295.)
8 (20 ILCS 205/15-320 new)
9 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
10 Sec. 15-320. Weights and measures. The Department has the
11 power 40.18. to execute and administer all laws and
12 regulations, now or hereafter enacted, relating to weights
13 and measures.
14 (Source: Laws 1967, p. 4087.)
15 (20 ILCS 205/15-325 new)
16 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
17 Sec. 15-325. Commodities; standards and quality. The
18 Department has the power 40.19. to execute and administer all
19 laws and regulations, now or hereafter enacted, relating to
20 standards and quality of and for commodities.
21 (Source: Laws 1967, p. 4087.)
22 (20 ILCS 205/15-330 new)
23 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
24 Sec. 15-330. Meat and poultry. The Department has the
25 power 40.32. to execute and administer the laws and rules
26 pertaining to the slaughter, processing, and sale of meat and
27 poultry and products thereof.
28 (Source: P.A. 84-295.)
29 (20 ILCS 205/15-335 new)
30 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
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1 Sec. 15-335. Pesticides. The Department has the power
2 40.21. to execute and administer laws and regulations
3 relating to the distribution, sale, use, and registration of
4 pesticides and the regulation and certification of persons
5 applying pesticides and pesticide dealers. The Department
6 also has the power; and to promote the proper handling and
7 use of pesticide containers through the operation of
8 pesticide container recycling programs and to make business
9 development loans from moneys granted to the Department by
10 the United States Department of Agriculture for those
11 purposes, subject to terms and conditions the Department
12 deems necessary to ensure repayment of the loans.
13 (Source: P.A. 89-463, eff. 5-31-96.)
14 (20 ILCS 205/15-340 new)
15 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
16 Sec. 15-340. Pesticide contamination at agrichemical
17 facilities. 40.39. In accordance with constitutional
18 limitations, and to the extent necessary to carry out the
19 Department's powers and duties under paragraph 8 of Section
20 19 of the Illinois Pesticide Control Act, the Department has
21 the power to enter at all reasonable times upon any private
22 or public property.
23 (Source: P.A. 86-1172.)
24 (20 ILCS 205/15-345 new)
25 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
26 Sec. 15-345. Fertilizers. The Department has the power
27 40.6. to execute and administer the Acts and rules regulating
28 the manufacture, sale, and distribution of fertilizers.
29 (Source: P.A. 84-295.)
30 (20 ILCS 205/15-350 new)
31 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
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1 Sec. 15-350. Fuel sold as gasohol; penalty. The
2 Department has the power 40.25. to test fuel that which is
3 sold as gasohol, or is claimed to be gasohol under the Use
4 Tax Act, the Service Occupation Tax Act, or the Retailers'
5 Occupation Tax Act in order, to determine whether the fuel
6 contains at least 10% alcohol.
7 Any person who knowingly sells or represents as gasohol
8 any fuel that which does not qualify as gasohol under any of
9 the above named Acts is guilty of a business offense and
10 shall be fined not more than $100 for each day that the such
11 sale or representation takes place after notification from
12 the Department that the fuel in question does not qualify as
13 gasohol.
14 (Source: P.A. 82-702.)
15 (20 ILCS 205/15-355 new)
16 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
17 Sec. 15-355. Motor fuel alcohol; water test. The
18 Department has the power 40.26. to test alcohol to be used as
19 a motor fuel component to ensure that insure it contains no
20 more than 1.25% water by weight.
21 (Source: P.A. 82-702.)
22 (20 ILCS 205/15-400 new)
23 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
24 Sec. 15-400. Transfer of realty; acquisition of federal
25 lands. The Department has the power 40.20. to transfer
26 jurisdiction of any realty under the control of the
27 Department to any other department of the State government,
28 or to acquire or accept federal lands, when the such
29 transfer, acquisition, or acceptance is advantageous to the
30 State and is approved in writing by the Governor.
31 (Source: Laws 1967, p. 4087.)
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1 (20 ILCS 205/15-405 new)
2 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
3 Sec. 15-405. State Fairgrounds property. The Department
4 has the power 40.22. to be the custodian of buildings,
5 structures, and property located on the State Fairgrounds,
6 and to maintain those buildings and structures and that
7 property the same.
8 (Source: P.A. 81-853.)
9 (20 ILCS 205/15-410 new)
10 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
11 Sec. 15-410. Surety bonds; trust funds and accounts; bank
12 accounts.
13 (a) In this Section:
14 "Claimant" means a person who is unable to secure
15 satisfaction of financial obligations due from a person
16 subject to regulation by the Department, in accordance with
17 the applicable statute or regulation and the time limits
18 provided for in that statute or regulation, if any, under any
19 of the following Acts:
20 (1) The Illinois Egg and Egg Products Act.
21 (2) The Personal Property Storage Act.
22 (3) The Livestock Auction Market Law.
23 (4) The Illinois Pesticide Act.
24 (5) The Weights and Measures Act.
25 (6) The Illinois Livestock Dealer Licensing Act.
26 (7) The Slaughter Livestock Buyers Act.
27 (8) The Illinois Feeder Swine Dealer Licensing Act.
28 "Failure" under the Acts cited in the definition of
29 "claimant" contained in this Section means any of the
30 following:
31 (1) An inability to financially satisfy claimants
32 in accordance with the applicable statute or regulation
33 and the time limits provided for in that statute or
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1 regulation, if any.
2 (2) A public declaration of insolvency.
3 (3) A revocation of a license and the leaving of an
4 outstanding indebtedness to claimants.
5 (4) A failure to pay claimants in the ordinary
6 course of business and when a bonafide dispute does not
7 exist between the licensee and the customer.
8 (5) A failure to apply for renewal of a license.
9 (6) A denial of a request for renewal of a license.
10 (7) A voluntary surrendering of a license.
11 (b) The Department has the power 40.23. to control
12 surety bonds and trust funds and to establish trust accounts
13 and bank accounts in adequately protected financial
14 institutions, to hold monies received by the Director of
15 Agriculture when acting as trustee, to protect the assets of
16 licensees for the benefit of claimants, to accept security
17 from licensees to collateralize licensees' financial
18 deficiencies (and that such security shall be secondary to
19 surety bonds in the collection process), to accept collateral
20 and security in lieu of or in addition to a commercial surety
21 bond, and to collect and disburse the proceeds of those such
22 bonds and trust funds when acting as trustee on behalf of
23 claimants without responsibility for the management and
24 operation of discontinued or insolvent businesses, those such
25 funds, or additions to those funds thereto in which the State
26 of Illinois has no right, title, or interest.
27 (c) The Department shall promulgate and file procedural
28 rules and regulations to be followed concerning the
29 establishment and segregation of trust accounts and bank
30 accounts and the holding of administrative hearings to
31 identify and verify claimants and claim amounts, to claim and
32 collect the proceeds of surety bonds and other assets, and to
33 distribute monies in trust funds and bank accounts to
34 claimants. The trustee shall maintain and retain records and
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1 make available for audit or review by any person, firm,
2 corporation, or government entity the such trust accounts and
3 bank accounts, check registers, cancelled claimants' checks,
4 and records accumulated and used by the Department to
5 ascertain the claimants and claims against surety bonds or
6 trust funds.
7 Definitions of terms as used in this Section:
8 "Claimant" means a person who is unable to secure
9 satisfaction of financial obligations due from a person
10 subject to regulation by the Department, in accordance with
11 applicable statute or regulation and the time limits provided
12 for therein, if any, under any of the following Acts:
13 (a) Illinois Egg and Egg Products Act;
14 (b) Personal Property Storage Act;
15 (c) (Blank);
16 (d) Livestock Auction Market Law;
17 (e) Illinois Pesticide Act;
18 (f) Weights and Measures Act;
19 (g) Illinois Livestock Dealer Licensing Act;
20 (h) Slaughter Livestock Buyers Act;
21 (i) (Blank); or
22 (j) Illinois Feeder Swine Dealer Licensing Act.
23 "Failure" under the Acts cited in the definition of
24 "claimant" contained in this Section means:
25 (a) An inability to financially satisfy claimants in
26 accordance with applicable statute or regulation and the time
27 limits provided for therein, if any;
28 (b) A public declaration of insolvency;
29 (c) A revocation of license and leaving outstanding
30 indebtedness to claimants;
31 (d) A failure to pay claimants in the ordinary course of
32 business and where a bonafide dispute does not exist between
33 and customer;
34 (e) A failure to apply for license renewal;
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1 (f) A denial of license renewal; or
2 (g) A voluntary surrendering of a license.
3 (d) The Department may use monies in the trust accounts
4 that are established to hold monies received in trust for
5 disbursement to claimants for the benefit of claimants and
6 for paying expenses incurred in pursuing those such assets.
7 (Source: P.A. 89-287, eff. 1-1-96.)
8 (20 ILCS 205/15-415 new)
9 (was 20 ILCS 205/40.42)
10 Sec. 15-415. 40.42. State Cooperative Extension Service
11 Trust Fund. The Department of Agriculture shall deposit into
12 the State Cooperative Extension Service Trust Fund, a trust
13 fund created outside the State treasury and held by the State
14 Treasurer as custodian, all funds appropriated to the
15 Department as matching funds to support cooperative extension
16 programs as provided in the County Cooperative Extension Law.
17 At the direction of the Treasurer of the University of
18 Illinois, the Director of Agriculture shall direct the State
19 Treasurer and the State Comptroller to transfer the trust
20 funds to the University of Illinois as provided under Section
21 8(d) of the County Cooperative Extension Law. The Department
22 shall not have responsibility for or control over the
23 cooperative extension service or its programs because of this
24 trust fund.
25 (Source: P.A. 89-691, eff. 12-31-96.)
26 (20 ILCS 205/15-420 new)
27 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
28 Sec. 15-420. Appropriations for county fairs and farmers'
29 institutes. The Department has the power 40.15. to
30 investigate and ascertain that moneys appropriated for county
31 fairs and farmers' institutes are faithfully applied to the
32 purposes authorized by law.
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1 (Source: Laws 1967, p. 4087.)
2 (20 ILCS 205/15-425 new)
3 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
4 Sec. 15-425. Criminal history record information from
5 Department of State Police. 40.37. Whenever the Department of
6 Agriculture is authorized or required by law to consider some
7 aspect of criminal history record information for the purpose
8 of carrying out its statutory powers and responsibilities,
9 then, upon request and payment of fees in conformance with
10 the requirements of subsection 22 of Section 100-400 55a of
11 "the Department of State Police Law (20 ILCS 2605/100-400)
12 Civil Administrative Code of Illinois", the Department of
13 State Police is authorized to furnish, pursuant to positive
14 identification, the such information contained in State files
15 that as is necessary to fulfill the request.
16 (Source: P.A. 86-610.)
17 (20 ILCS 205/15-430 new)
18 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
19 Sec. 15-430. Cooperation with U.S. Department of
20 Agriculture. The Department has the power 40.34. to cooperate
21 with and enter into agreements with the United States
22 Department of Agriculture and with others in carrying out the
23 powers and duties vested in the Department and to adopt
24 guidelines, by reference, issued by federal agencies in
25 carrying out its powers and duties.
26 (Source: P.A. 84-295.)
27 (20 ILCS 310/Art. 20 heading new)
28 ARTICLE 20. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
29 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
30 (20 ILCS 310/20-1 new)
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1 Sec. 20-1. Article short title. This Article 20 of the
2 Civil Administrative Code of Illinois may be cited as the
3 Department of Human Services (Alcoholism and Substance Abuse)
4 Law.
5 (20 ILCS 310/20-5 new)
6 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
7 Sec. 20-5. Powers under certain Acts. 9.29. The
8 Department of Human Services, as successor to the Department
9 of Alcoholism and Substance Abuse, shall exercise,
10 administer, and enforce all rights, powers, and duties
11 formerly vested in the Department of Mental Health and
12 Developmental Disabilities by the following named Acts or
13 Sections of those Acts as they pertain to the provision of
14 alcoholism services service and the Dangerous Drugs
15 Commission by the following named Acts or Sections thereof:
16 (1) 1. The "Cannabis Control Act", approved August
17 16, 1971, as amended.
18 (2) 2. The "Illinois Controlled Substances Act",
19 approved August 16, 1971, as amended.
20 (3) 3. The "Community Mental Health Act", approved
21 June 26, 1963, as amended.
22 (4) 4. The "Community Services Act", approved
23 August 13, 1981, as amended.
24 (Source: P.A. 89-507, eff. 7-1-97.)
25 (20 ILCS 405/Art. 25 heading new)
26 ARTICLE 25. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
27 (20 ILCS 405/25-1 new)
28 Sec. 25-1. Article short title. This Article 25 of the
29 Civil Administrative Code of Illinois may be cited as the
30 Department of Central Management Services Law.
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1 (20 ILCS 405/25-5 new)
2 (was 20 ILCS 405/35.2) (from Ch. 127, par. 35.2)
3 Sec. 25-5. Definitions.
4 (a) In this Law 35.2. As used in sections 35.3 through
5 35.9 of this Act:
6 (a) "Department" means the Department of Central
7 Management Services.
8 (b) "Director" means the Director of Central Management
9 Services.
10 (b) In paragraphs (1) and (2) of Section 25-10 and in
11 Section 25-15, (c) "State agency", whether used in the
12 singular or plural, means all departments, officers,
13 commissions, boards, institutions, and bodies politic and
14 corporate of the State, including the offices of clerk of the
15 supreme court and clerks of the appellate courts. The term
16 does; except, it shall not mean the several courts of the
17 State, nor does it mean the legislature or, its committees or
18 commissions.
19 (Source: P.A. 82-789.)
20 (20 ILCS 405/25-10 new)
21 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
22 Sec. 25-10. Director's duties; State policy. 35.3. It
23 shall be the duty of the Director and the policy of the State
24 of Illinois to do the following:
25 (1) (a) Place financial responsibility on State
26 agencies (as defined in subsection (b) of Section 25-5)
27 and to hold them accountable for the proper discharge of
28 this responsibility.
29 (2) (b) Require professional, accurate, and current
30 accounting with the State agencies (as defined in
31 subsection (b) of Section 25-5).
32 (3) (c) Decentralize fiscal, procedural, and
33 administrative operations to expedite the business of the
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1 State and to avoid expense, unwieldiness, inefficiency,
2 and unnecessary duplication where decentralization is
3 consistent with proper fiscal management.
4 (4) (d) Manage or delegate the management of the
5 procurement, retention, installation, maintenance, and
6 operation of all electronic data processing equipment
7 used by State agencies as defined in Section 25-20 35.7
8 of this Act, so as to achieve maximum economy consistent
9 with development of adequate and timely information in a
10 form suitable for management analysis, in a manner that
11 provides for adequate security protection and back-up
12 facilities for that such equipment, the establishment of
13 bonding requirements, and a code of conduct for all
14 electronic data processing personnel to ensure insure the
15 privacy of electronic data processing information as
16 provided by law.
17 (Source: P.A. 80-57.)
18 (20 ILCS 405/25-15 new)
19 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
20 Sec. 25-15. Audits. 35.4. The Department, when so
21 requested by the Governor or the chief executive officer of a
22 State agency, may perform internal audits, and procedural
23 audits and in performing these responsibilities, the
24 Department may examine the accounts of any organization,
25 body, or agency receiving appropriations from the General
26 Assembly, including all grantees and sub-grantees of grantor
27 State agencies included within the scope of the audit. For
28 purposes of this Section, "State agency" is defined as in
29 subsection (b) of Section 25-5.
30 (Source: P.A. 87-817.)
31 (20 ILCS 405/25-20 new)
32 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
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1 Sec. 25-20. Fiscal policy information to Governor;
2 statistical research planning. 35.7.
3 (a) The Department shall be responsible for providing
4 the Governor with timely, comprehensive, and meaningful
5 information pertinent to the formulation and execution of
6 fiscal policy. In performing this responsibility the
7 Department shall have the power and duty to do the following:
8 (1) (a) Control the procurement, retention,
9 installation, maintenance, and operation, as specified by
10 the Director, of electronic data processing equipment
11 used by State agencies in such a manner as to achieve
12 maximum economy and provide adequate assistance in the
13 development of information suitable for management
14 analysis.;
15 (2) (b) Establish principles and standards of
16 statistical reporting by State agencies and priorities
17 for completion of research by those such agencies in
18 accordance with the requirements for management analysis
19 as specified by the Director.;
20 (3) (c) Establish, through the Director, charges
21 for statistical services requested by State agencies and
22 rendered by the Department of Central Management
23 Services. The Such State agencies so charged shall
24 reimburse the Department of Central Management Services
25 by vouchers drawn against their respective appropriations
26 for electronic data processing. The Department is
27 likewise empowered through the Director to establish
28 prices or charges for all statistical reports purchased
29 by agencies and individuals not connected with State
30 government.;
31 (4) (d) Instruct all State agencies as the Director
32 may require to report regularly to the Department, in the
33 such manner as the Director may prescribe,: their usage
34 of electronic information devices, the cost incurred, the
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1 information produced, and the procedures followed in
2 obtaining the said information. All State such agencies
3 shall request of the Director of Central Management
4 Services any statistical services requiring the use of
5 electronic devices and shall conform to the priorities
6 assigned by the Director in using those such electronic
7 devices.;
8 (5) (e) Examine the accounts and statistical data
9 of any organization, body, or agency receiving
10 appropriations from the General Assembly.;
11 (6) (f) Install and operate a modern information
12 system utilizing equipment adequate to satisfy the
13 requirements for analysis and review as specified by the
14 Director. Expenditures for statistical services rendered
15 shall be reimbursed by the recipients. The Such
16 reimbursement shall be determined by the Director of
17 Central Management Services as amounts sufficient to
18 reimburse the Statistical Services Revolving Fund for
19 expenditures incurred in rendering the such services.
20 (b) In addition to the other powers and duties listed in
21 this Section, the Department shall analyze the present and
22 future aims, needs, and requirements of statistical research
23 and planning in order, to provide for the formulation of
24 overall policy relative to the use of electronic data
25 processing equipment by the State of Illinois. In making this
26 analysis, the Department under the Director shall formulate a
27 master plan for statistical research, utilizing electronic
28 equipment most advantageously, and advising whether
29 electronic data processing equipment should be leased or
30 purchased by the State. The Department under the Director
31 shall prepare and submit interim reports of meaningful
32 developments and proposals for legislation to the Governor on
33 or before January 30 each year. The Department under the
34 Director shall engage in a continuing analysis and evaluation
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1 of the master plan so developed, and it shall be the
2 responsibility of the Department to recommend from time to
3 time any needed amendments and modifications of any master
4 plan enacted by the General Assembly.
5 (c) For the purposes of this Section, Section 25-245,
6 and paragraph (4) of Section 25-10 only, "State agencies"
7 means all departments, boards, commissions, and agencies of
8 the State of Illinois subject to the Governor.
9 (Source: P.A. 82-789.)
10 (20 ILCS 405/25-25 new)
11 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
12 Sec. 25-25. Moneys made available by public or private
13 entities. 67.34. The Department may apply for, receive,
14 expend, allocate, or disburse funds and moneys made available
15 by public or private entities, including, but not limited to,
16 contracts, private or public financial gifts, bequests,
17 grants, or donations from individuals, corporations,
18 foundations, or public or private institutions of higher
19 learning. All funds received by the Department from these
20 sources shall be deposited into the State treasury into a
21 State trust fund to be held by the State Treasurer as ex
22 officio custodian and subject to the Comptroller --
23 Treasurer, voucher -- warrant system. The funds shall be
24 expended by the Department for purposes as indicated by the
25 grantor, donor, or, in the case of funds or moneys given or
26 donated for no specific purpose, for any purpose deemed
27 appropriate by the Director in administering the
28 responsibilities of the agency as set forth in the Personnel
29 Code.
30 (Source: P.A. 87-888.)
31 (20 ILCS 405/25-30 new)
32 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
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1 Sec. 25-30. Administrative Procedure Act applies. 67.20.
2 The provisions of "the Illinois Administrative Procedure
3 Act", as now or hereafter amended, are hereby expressly
4 adopted and incorporated herein as though a part of this Law
5 Act, and shall apply to all administrative rules and
6 procedures of the Department of Central Management Services.
7 (Source: P.A. 82-789.)
8 (20 ILCS 405/25-100 new)
9 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
10 Sec. 25-100. Administration of the Personnel Code. 64.
11 The Department of Central Management Services shall have
12 power to administer the "Personnel Code" enacted by the 69th
13 General Assembly.
14 (Source: P.A. 82-789.)
15 (20 ILCS 405/25-105 new)
16 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
17 Sec. 25-105. Fidelity, surety, property, and casualty
18 insurance. 64.1. The Department of Central Management
19 Services shall establish and implement a program to
20 coordinate the handling of all fidelity, surety, property,
21 and casualty insurance exposures, of the State and the
22 departments, divisions, agencies, branches, and universities
23 of the State. In performing this responsibility, the
24 Department shall have the power and duty to do the following:
25 (1) (a) Develop and maintain loss and exposure data on
26 all State property.
27 (2) (b) Study the feasibility of establishing a
28 self-insurance plan for State property and prepare estimates
29 of the costs of reinsurance for risks beyond the realistic
30 limits of the self-insurance.
31 (3) (c) Prepare a plan for centralizing the purchase of
32 property and casualty insurance on State property under a
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1 master policy or policies, and to purchase the insurance
2 contracted for as provided in the Illinois Purchasing Act.
3 (4) (d) Evaluate existing provisions for fidelity bonds
4 required of State employees and recommend such changes that
5 as are appropriate commensurate with risk experience and the
6 determinations respecting self-insurance or reinsurance so as
7 to permit reduction of costs without loss of coverage.
8 (5) (e) Investigate procedures for inclusion of school
9 districts, public community junior college districts, and
10 other units of local government in programs for the
11 centralized purchase of insurance.
12 (6) (f) Implement such recommendations of the State
13 Property Insurance Study Commission that as the Department
14 finds necessary or desirable in the performance of its powers
15 and duties under this Section to achieve efficient and
16 comprehensive risk management.
17 (7) (g) Prepare and, in the discretion of the Director
18 of Central Management Services, implement a plan providing
19 for the purchase of public liability insurance or for
20 self-insurance for public liability or for a combination of
21 purchased insurance and self-insurance for public liability
22 (i) (1) covering the State and drivers of motor vehicles
23 owned, leased, or controlled by the State of Illinois
24 pursuant to the provisions and limitations contained in the
25 Illinois Vehicle Code, (ii) (2) covering other public
26 liability exposures of the State and its employees within the
27 scope of their employment, and (iii) (3) covering drivers of
28 motor vehicles not owned, leased, or controlled by the State
29 but used by a State employee on State business, in excess of
30 liability covered by an insurance policy obtained by the
31 owner of the motor vehicle or in excess of the such dollar
32 amounts that as the Department shall determine to be
33 reasonable. Any contract of insurance let under this Law Act
34 shall be by bid in accordance with the procedure set forth in
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1 the Illinois Purchasing Act. Any provisions for
2 self-insurance shall conform to subdivision (11) subsection
3 (k).
4 The term "employee" as used in this subdivision (7) and
5 in subdivision (11) subsections (g) and (k) means a person
6 while in the employ of the State who is a member of the staff
7 or personnel of a State agency, bureau, board, commission,
8 committee, department, university, or college or who is a
9 State officer, elected official, commissioner, member of or
10 ex officio member of a State agency, bureau, board,
11 commission, committee, department, university, or college, or
12 a member of the National Guard while on active duty pursuant
13 to orders of the Governor of the State of Illinois, or any
14 other person while using a licensed motor vehicle owned,
15 leased, or controlled by the State of Illinois with the
16 authorization of the State of Illinois, provided the actual
17 use of the motor vehicle thereof is within the scope of that
18 such authorization and within the course of State service.
19 Subsequent to payment of a claim on behalf of an employee
20 pursuant to this Section and after reasonable advance written
21 notice to the employee, the Director may exclude the employee
22 from future coverage or limit the such coverage under the
23 plan if (i) (1) the Director determines that the claim
24 resulted from an incident in which the employee was grossly
25 negligent or had engaged in willful and wanton misconduct; or
26 (ii) (2) the Director determines that the employee is no
27 longer an acceptable risk based on a review of prior
28 accidents in which the employee was at fault and for which
29 payments were made pursuant to this Section.
30 The Director is authorized to promulgate such
31 administrative rules that as may be necessary to establish
32 and administer the plan.
33 Appropriations from the Road Fund shall be used to pay
34 auto liability claims and related expenses involving
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1 employees of the Department of Transportation, the Illinois
2 State Police, and the Secretary of State.
3 (8) (h) Charge, collect, and receive from all other
4 agencies of the State government fees or monies equivalent to
5 the cost of purchasing the insurance.
6 (9) (i) (1) Establish, through the Director, charges for
7 risk management services rendered to State agencies by the
8 Department of Central Management Services. The State agencies
9 so charged shall reimburse the Department of Central
10 Management Services by vouchers drawn against their
11 respective appropriations. The reimbursement shall be
12 determined by the Director of Central Management Services as
13 amounts sufficient to reimburse the Department for
14 expenditures incurred in rendering the service.
15 (2) The Department of Central Management Services shall
16 charge the employing State agency or university for workers'
17 compensation payments for temporary total disability paid to
18 any employee after the employee has received temporary total
19 disability payments for 120 days if the employee's treating
20 physician has issued a release to return to work with
21 restrictions and the employee is able to perform modified
22 duty work but the employing State agency or university does
23 not return the employee to work at modified duty. Modified
24 duty shall be duties assigned that may or may not be
25 delineated as part of the duties regularly performed by the
26 employee. Modified duties shall be assigned within the
27 prescribed restrictions established by the treating physician
28 and the physician who performed the independent medical
29 examination. The amount of all reimbursements shall be
30 deposited into the Workers' Compensation Revolving Fund which
31 is hereby created as a special fund in the State treasury.
32 Moneys in the Fund shall be used, subject to appropriation,
33 to pay these or other temporary total disability claims of
34 employees of State agencies and universities.
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1 (3) Beginning with fiscal year 1996, all amounts
2 recovered by the Department through subrogation in workers'
3 compensation and workers' occupational disease cases shall be
4 deposited into the Workers' Compensation Revolving Fund
5 created under this subdivision (9) (i)(2).
6 (10) (j) Establish rules, procedures, and forms to be
7 used by State agencies in the administration and payment of
8 workers' compensation claims. The Department shall initially
9 evaluate and determine the compensability of any injury that
10 which is the subject of a workers' compensation claim and
11 provide for the administration and payment of such a claim
12 for all State agencies. The Director may delegate to any
13 agency with the agreement of the agency head the
14 responsibility for evaluation, administration, and payment of
15 that agency's claims.
16 (11) (k) Any plan for public liability self-insurance
17 implemented under this Section shall provide that (i) (1) the
18 Department of Central Management Services shall attempt to
19 settle and may settle any public liability claim filed
20 against the State of Illinois or any public liability claim
21 filed against a State employee on the basis of an occurrence
22 in the course of the employee's his State employment; (ii)
23 (2) any settlement of such a claim must be approved by the
24 Director of Central Management Services and, in cases of
25 settlements exceeding $100,000, by the Governor; and (iii)
26 (3) a settlement of any public liability claim against the
27 State or a State employee shall require an unqualified
28 release of any right of action against the State and the
29 employee for acts within the scope of the employee's
30 employment giving rise to the claim.
31 Whenever and to the extent that a State employee operates
32 a motor vehicle or engages in other activity covered by
33 self-insurance under this Section, the State of Illinois
34 shall defend, indemnify, and hold harmless the employee
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1 against any claim in tort filed against the employee for acts
2 or omissions within the scope of the employee's his
3 employment in any proper judicial forum and not settled
4 pursuant to this subdivision (11) subsection, provided that
5 this obligation of the State of Illinois shall not exceed a
6 maximum liability of $2,000,000 for any single occurrence in
7 connection with the operation of a motor vehicle or $100,000
8 per person per occurrence for any other single occurrence, or
9 $500,000 for any single occurrence in connection with the
10 provision of medical care by a licensed physician employee.
11 Any claims against the State of Illinois under a
12 self-insurance plan that which are not settled pursuant to
13 this subdivision (11) subsection shall be heard and
14 determined by the Court of Claims, and may not be filed or
15 adjudicated in any other forum. The Attorney General of the
16 State of Illinois or the Attorney General's his designee
17 shall be the attorney with respect to all public liability
18 self-insurance claims that which are not settled pursuant to
19 this subdivision (11) subsection and therefore result in
20 litigation. The payment of any award of the Court of Claims
21 entered against the State relating to any public liability
22 self-insurance claim shall act as a release against any State
23 employee involved in the occurrence.
24 (12) (l) Administer a plan the purpose of which is to
25 make payments on final settlements or final judgments in
26 accordance with the State Employee Indemnification Act. The
27 plan shall be funded through appropriations from the General
28 Revenue Fund specifically designated for that purpose, except
29 that indemnification expenses for employees of the Department
30 of Transportation, the Illinois State Police, and the
31 Secretary of State shall be paid from the Road Fund. The
32 term "employee" as used in this subdivision (12) has
33 subsection shall have the same meaning as under subsection
34 (b) of Section 1 of the State Employee Indemnification Act.
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1 Subject to sufficient appropriation, the Director of Central
2 Management Services shall approve payment of any claim
3 presented to the Director him that is supported by a final
4 settlement or final judgment when the Attorney General and
5 the chief officer of the public body against whose employee
6 the claim or cause of action is asserted certify to the
7 Director him that the claim is in accordance with the State
8 Employee Indemnification Act, and that they approve of the
9 payment. In no event shall an amount in excess of $150,000
10 be paid from this plan to or for the benefit of any claimant.
11 (13) (m) Administer a plan the purpose of which is to
12 make payments on final settlements or final judgments for
13 employee wage claims in situations where there was an
14 appropriation relevant to the wage claim, and the fiscal year
15 and lapse period have expired, and that sufficient funds were
16 available to pay the such claim. The plan shall be funded
17 through appropriations from the General Revenue Fund
18 specifically designated for that purpose.
19 Subject to sufficient appropriation, the Director of
20 Central Management Services is authorized to pay any wage
21 claim presented to the Director him that is supported by a
22 final settlement or final judgment when the chief officer of
23 the State agency employing the claimant certifies to the
24 Director him that the claim is a valid wage claim and that
25 the fiscal year and lapse period have expired. Payment for
26 claims that are properly submitted and certified as valid by
27 the Director of Central Management Services shall include
28 interest accrued at the rate of 7% per annum from the
29 forty-fifth day after the claims are received by the
30 Department of Central Management Services or 45 days from the
31 date on which the amount of payment is agreed upon, whichever
32 is later, until the date the claims are submitted to the
33 Comptroller for payment. When the Attorney General has filed
34 an appearance in any proceeding concerning a wage claim
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1 settlement or judgment, the Attorney General shall certify to
2 the Director of Central Management Services that the wage
3 claim is valid before any payment is made. In no event shall
4 an amount in excess of $150,000 be paid from this plan to or
5 for the benefit of any claimant.
6 Nothing in Public Act 84-961 this Amendatory Act of 1985
7 shall be construed to affect in any manner the jurisdiction
8 of the Court of Claims concerning wage claims made against
9 the State of Illinois.
10 (14) (n) Prepare and, in the discretion of the Director
11 of Central Management Services, implement a program for
12 self-insurance for official fidelity and surety bonds for
13 officers and employees as authorized by the Official Bond
14 Act.
15 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
16 89-626, eff. 8-9-96.)
17 (20 ILCS 405/25-110 new)
18 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
19 Sec. 25-110. Federal tax-exempt benefits in lieu of
20 salary or wages. 64.2.
21 (a) The Department of Central Management Services may, at
22 the Director's discretion, establish and implement or approve
23 plans whereby State employees and officers, including those
24 of State universities and colleges, may enter into agreements
25 with their employer to elect to receive, in lieu of salary or
26 wages, benefits that which are not taxable under the federal
27 Internal Revenue Code. These Such agreements may include the
28 acceptance of a reduction in earnings or the foregoing of an
29 increase in earnings by an employee and the employer's
30 payment of those such amounts as employer contributions for
31 benefits that which the employee selects from a list of
32 employee benefits offered by the employer.
33 (b) Prior to the establishment of such a plan, the
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1 Director shall seek the advice of interested State agencies
2 regarding the content and implementation of the plan.
3 (c) Selection of plan offerings shall not be subject to
4 the Illinois Purchasing Act.
5 (d) Benefits selected by employees shall be included in
6 gross income for determination of pension base.
7 (Source: P.A. 84-167.)
8 (20 ILCS 405/25-115 new)
9 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
10 Sec. 25-115. State agency employees child care services.
11 64.3. The Department of Central Management Services shall
12 administer the "State Agency Employees Child Care Services
13 Act", enacted by the 84th General Assembly.
14 (Source: P.A. 84-1308.)
15 (20 ILCS 405/25-120 new)
16 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
17 Sec. 25-120. Hispanic and bilingual employees. 67.29.
18 The Department shall develop and implement plans to increase
19 the number of Hispanics employed by State government and the
20 number of bilingual persons employed in State government at
21 supervisory, technical, professional, and managerial levels.
22 (Source: P.A. 85-301.)
23 (20 ILCS 405/25-125 new)
24 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
25 Sec. 25-125. State agency affirmative action and equal
26 employment opportunity goals. 67.31. The Department shall
27 assist State agencies required to establish preparation and
28 promotion training programs under subsection (H) of Section
29 7-105 of the Illinois Human Rights Act for failure to meet
30 their affirmative action and equal employment opportunity
31 goals. The Department shall survey State agencies to
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1 identify effective existing training programs and shall serve
2 as a resource to other State agencies. The Department shall
3 assist agencies in the development and modification of
4 training programs to enable them to meet their affirmative
5 action and equal employment opportunity goals and shall
6 provide information regarding other existing training and
7 educational resources, such as the Upward Mobility Program,
8 the Illinois Institute for Training and Development, and the
9 Central Management Services Training Center.
10 (Source: P.A. 86-1411; 86-1475.)
11 (20 ILCS 405/25-130 new)
12 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
13 Sec. 25-130. State employees and retirees suggestion
14 award program. 67.28.
15 (a) The Department shall assist in the implementation of
16 a State Employees and Retirees Suggestion Award Program, to
17 be administered by the Board created in subsection (b). The
18 program shall encourage and reward improvements in the
19 operation of State government that which result in
20 substantial monetary savings. Any State employee, including
21 management personnel as defined by the Department, any
22 annuitant under Article 14 of the Illinois Pension Code and
23 any annuitant under Article 15 of that Code who receives a
24 retirement or disability retirement annuity, but not
25 including elected officials and departmental directors, may
26 submit a cost-saving suggestion to the Board, which shall
27 direct the suggestion to the appropriate department or agency
28 without disclosing the identity of the suggester. A
29 suggester may make a suggestion or include documentation on
30 matters a department or agency considers confidential, except
31 where prohibited by federal or State law; and no disciplinary
32 or other negative action may be taken against the suggester
33 unless there is a violation of federal or State law.
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1 Suggestions, including documentation, upon receipt, shall
2 be given confidential treatment and shall not be subject to
3 subpoena or nor be made public until the agency affected by
4 it has had the opportunity to request continued
5 confidentiality. The agency, if it requests continued
6 confidentiality, shall attest that disclosure would violate
7 federal or State law or rules and regulations pursuant to
8 federal or State law thereto or is a matter covered under
9 Section 7 of the Freedom of Information Act. The Board shall
10 make its decision on continued confidentiality and, if it so
11 classifies the suggestion, shall notify the suggester and
12 agency. A suggestion classified "continued confidential"
13 shall nevertheless be evaluated and considered for award. A
14 suggestion that which the Board finds or the suggester states
15 or implies constitutes a disclosure of information that which
16 the suggester reasonably believes evidences (1) a violation
17 of any law, rule, or regulation or (2) mismanagement, a gross
18 waste of funds, an abuse of authority, or a substantial and
19 specific danger to public health or safety may be referred to
20 the appropriate investigatory or law enforcement agency for
21 consideration for investigation and action. The identity of
22 the suggester may not be disclosed without the consent of the
23 suggester during any investigation of the information and any
24 related matters. Such a suggestion shall also be evaluated
25 and an award made when appropriate. That portion of Board
26 meetings that involves the consideration of suggestions
27 classified "continued confidential" or being considered for
28 that such classification shall be closed meetings.
29 The Board may at its discretion make awards for those
30 suggestions certified by agency or department heads as
31 resulting in savings to the State of Illinois. Management
32 personnel shall be recognized for their suggestions as the
33 Board considers appropriate, but shall not receive any
34 monetary award. Annuitants and employees, other than
-89- LRB9009239DJcd
1 employees who are management personnel, shall receive awards
2 in accordance with the schedule below. Each award to
3 employees other than management personnel and awards to
4 annuitants shall be paid in one lump sum by the Board created
5 in subsection (b). A monetary award may be increased by
6 appropriation of the General Assembly.
7 The amount of each award to employees other than
8 management personnel and the award to annuitants shall be
9 determined as follows:
10 $1.00 to $5,000 savings..................... an amount not
11 to exceed
12 $500.00 or a
13 certificate
14 of merit, or
15 both, as
16 determined
17 by the Board
18 more than $5,000 up to $20,000 savings...... $500 award
19 more than $20,000 up to $100,000 savings.... $1,000 award
20 more than $100,000 up to $200,000 savings... $2,000 award
21 more than $200,000 up to $300,000 savings... $3,000 award
22 more than $300,000 up to $400,000 savings... $4,000 award
23 more than $400,000.......................... $5,000 award
24 (b) There is created a State Employees and Retirees
25 Suggestion Award Board to administer the program described in
26 subsection (a). The Board shall consist of 8 members
27 appointed 2 each by the President of the Senate, the and
28 Minority Leader of the Senate, the Speaker of the House of
29 Representatives, and the Minority Leader of the House of
30 Representatives and, as ex-officio, non-voting members, the
31 directors of the Bureau of the Budget and the Department of
32 Central Management Services. Each appointing authority shall
33 designate one initial appointee to serve one year and one
34 initial appointee to serve 2 years; subsequent terms shall be
-90- LRB9009239DJcd
1 2 years. Any vacancies shall be filled for the unexpired
2 term by the original appointing authority and any member may
3 be reappointed. Board members shall serve without
4 compensation but may be reimbursed for expenses incurred in
5 the performance of their duties. The Board shall annually
6 elect a chairman from among its number, shall meet monthly or
7 more frequently at the call of the chairman, and shall
8 establish necessary procedures, guidelines, and criteria for
9 the administration of the program. The Board shall annually
10 report to the General Assembly by January 1 on the operation
11 of the program, including the nature and cost-savings of
12 implemented suggestions, and any recommendations for
13 legislative changes it deems appropriate. The General
14 Assembly shall make an annual appropriation to the Board for
15 payment of awards and the expenses of the Board, such as, but
16 not limited to: travel of the members, preparation of
17 publicity material, printing of forms and other matter, and
18 contractual expenses.
19 (Source: P.A. 86-1019; 86-1027; 87-1009.)
20 (20 ILCS 405/25-190 new)
21 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
22 Sec. 25-190. Reduced rates and fares for State employee
23 travel. 67.27. To negotiate with vendors to establish reduced
24 rates and fares applicable for transportation and lodging for
25 State employees traveling on official business, and to
26 publish a directory or listing of those such fares and rates.
27 The publication shall be made available to all State agencies
28 in sufficient quantities to maximize utilization of the
29 reduced rates and fares.
30 (Source: P.A. 84-346.)
31 (20 ILCS 405/25-200 new)
32 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
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1 Sec. 25-200. Department's responsibility, generally. 67.
2 The Department of Central Management Services is responsible
3 for certain State properties, acquisitions, and services. In
4 performing this responsibility the Department has the powers
5 and duties set forth in the Sections following this Section
6 (except Sections 25-220, 25-245, 25-250, 25-255, and 25-260)
7 and in Sections 25-25, 25-30, 25-120, 25-125, and 25-130
8 67.01 through 67.40.
9 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
10 (20 ILCS 405/25-205 new)
11 (was 20 ILCS 405/67.01) (from Ch. 127, par. 63b13.1)
12 Sec. 25-205. Specifications; purchases and contracts.
13 67.01. To establish or approve product or service
14 specifications and to make purchases of or contracts for
15 supplies, commodities, equipment, and utilities for all State
16 agencies. To avoid interruption or impediment of delivery of
17 necessary supplies, commodities, and coal the Director may
18 make purchases of or contracts for supplies and commodities
19 after April 30 of a fiscal year when where delivery of the
20 such supplies and commodities is to be made after June 30 of
21 that fiscal year and payment for the supplies and commodities
22 which is to be made from appropriations for the next fiscal
23 year. The Director may contract for periods not to exceed 10
24 years for delivery of coal, with payments to be made from
25 appropriations for the year in which the coal is delivered.
26 All such purchases and contracts made or entered into under
27 the preceding 2 two sentences shall (i) (a) recite that they
28 are subject to termination and cancellation in any year for
29 which the General Assembly fails to make an appropriation to
30 make payments under the terms of the such contract, and (ii)
31 (b) indicate the fiscal year of the appropriation against
32 which appropriation the purchase or contract is to be
33 charged.
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1 The Director may authorize the various agencies, pursuant
2 to procedures established by the Director him, to purchase or
3 contract for supplies, commodities, equipment, and utilities
4 if the where such purchase or contract will result in economy
5 or expedition to the State, except that all postage stamps
6 purchased from State funds must be procured by the Department
7 and perforated for identification purposes.
8 The Director, upon presentation of a warrant from a
9 General Assembly member, shall furnish the designated U.S.
10 Post Office with any amount specified so as to allow for the
11 creation or continuation of a bulk rate mailing fund in the
12 name of the General Assembly member, or shall furnish the
13 designated postage meter company or post office with any
14 amount specified so as to facilitate the purchase of a
15 postage meter and its stamps. Any postage meter so purchased
16 must also contain a stamp that states which shall state,
17 "official State mail".
18 The Board of Trustees of the University of Illinois, the
19 Board of Trustees of Southern Illinois University, the Board
20 of Trustees of Chicago State University, the Board of
21 Trustees of Eastern Illinois University, the Board of
22 Trustees of Governors State University, the Board of Trustees
23 of Illinois State University, the Board of Trustees of
24 Northeastern Illinois University, the Board of Trustees of
25 Northern Illinois University, the Board of Trustees of
26 Western Illinois University, and the Illinois Mathematics and
27 Science Academy shall purchase and contract for supplies,
28 commodities, equipment, and utilities in accordance with
29 rules and regulations prepared by them and approved by the
30 Department, except that all postage stamps purchased from
31 State funds, must be procured through the Department and
32 perforated for identification purposes.
33 As used in this Section the term "State agencies" means
34 all departments, officers, commissions, boards, institutions,
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1 and bodies politic and corporate of the State but does not
2 mean the Board of Trustees of the University of Illinois, the
3 Board of Trustees of Southern Illinois University, the Board
4 of Governors of State Colleges and Universities, the Board of
5 Regents, the Illinois Mathematics and Science Academy, or
6 municipalities and all other local governmental units.
7 (Source: P.A. 89-4, eff. 1-1-96.)
8 (20 ILCS 405/25-210 new)
9 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
10 Sec. 25-210. State Property Control Act. 67.21. To
11 administer the State Property Control Act.
12 (Source: P.A. 76-2028.)
13 (20 ILCS 405/25-215 new)
14 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
15 Sec. 25-215. Proper utilization of State property.
16 67.22. To require proper utilization of State property.
17 (Source: P.A. 76-2028.)
18 (20 ILCS 405/25-220 new)
19 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
20 Sec. 25-220. Inventorying State property. 35.9. The
21 Department shall establish regulations for inventorying of
22 property owned or controlled by the State.
23 (Source: P.A. 82-783.)
24 (20 ILCS 405/25-225 new)
25 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
26 Sec. 25-225. Office supply stockrooms. 67.09. To
27 establish and operate office supply stockrooms where it finds
28 that the office supply needs of more than one agency may be
29 more efficiently or economically served by centralized State
30 distribution and, when those such stockrooms are established,
-94- LRB9009239DJcd
1 to prescribe the items to be stocked in and the geographical
2 area to be served by the stockrooms. The Department shall
3 purchase stocks of supplies from the Office Supplies
4 Revolving Fund in accordance with the rules and regulations
5 of the Department of Central Management Services, be
6 responsible for the receipt, care, and custody of the such
7 supplies, and keep detailed records thereof. The Department
8 shall bill the State agency receiving materials withdrawn
9 from stock as they are withdrawn.
10 (Source: P.A. 82-789.)
11 (20 ILCS 405/25-230 new)
12 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
13 Sec. 25-230. Forms Notice Act. 67.23. To administer the
14 Statewide Form Management Program and provisions of the Forms
15 Notice Act "The Forms Management Program Act", enacted by the
16 Eightieth General Assembly.
17 (Source: P.A. 80-1338; revised 9-24-97.)
18 (20 ILCS 405/25-235 new)
19 (was 20 ILCS 405/67.04) (from Ch. 127, par. 63b13.4)
20 Sec. 25-235. State Printing Contracts Act. 67.04. To
21 perform the duties and responsibilities of the Department as
22 provided in the "State Printing Contracts Act", enacted by
23 the 75th General Assembly.
24 (Source: Laws 1967, p. 2788.)
25 (20 ILCS 405/25-240 new)
26 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
27 Sec. 25-240. Information concerning the State. 67.05. To
28 publish, from time to time, for the information of the
29 several departments and of the general public, bulletins of
30 the work of the government; to collect, compile, and
31 disseminate information and literature concerning the
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1 industrial, agricultural, and recreational facilities and
2 advantages, the historic and scenic places of interest, and
3 the transportation and highway facilities of Illinois; to
4 encourage and coordinate the efforts of other public and
5 private organizations or groups of citizens to publicize the
6 facilities and attractions of Illinois; and to use or, employ
7 or to contract for the use or employment of whatever
8 advertising medium it may deem necessary to effectuate the
9 purposes herein provided in this Section.
10 (Source: Laws 1967, p. 2788.)
11 (20 ILCS 405/25-245 new)
12 (was 20 ILCS 405/35.7b) (from Ch. 127, par. 35.7b)
13 Sec. 25-245. Electronic data processing equipment.
14 35.7b. The Department of Central Management Services may
15 enter into multi-year lease, lease-purchase, or installment
16 purchase contracts, for terms not longer than 7 years, for
17 the acquisition of electronic data processing equipment for
18 the use of the Department or for the use of other State
19 agencies.
20 No multi-year contract may be entered into under this
21 Section except with the express approval of the Department.
22 Contracts entered into by the Department under this
23 Section shall recite that they are subject to termination and
24 cancellation in any year for which the General Assembly fails
25 to make an appropriation to make payments under the terms of
26 the such contract.
27 The Department of Central Management Services may sell or
28 exchange electronic data processing equipment no longer
29 useful for the State's purposes on such terms and conditions
30 as the Director deems to be in the best interest of the
31 State.
32 For the purpose of this Section, "State agencies" is
33 shall be defined as defined in Section 25-20 35.7 of this
-96- LRB9009239DJcd
1 Act.
2 (Source: P.A. 83-962.)
3 (20 ILCS 405/25-250 new)
4 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
5 Sec. 25-250. Statistical services; use of electronic
6 data processing equipment. 35.7a. The Department may make
7 statistical services and the use of electronic data
8 processing equipment, including necessary telecommunications
9 lines and equipment, available to local governments, elected
10 State officials, State educational institutions, and all
11 other governmental units of the State requesting them. The
12 Director is empowered to establish prices and charges for the
13 statistical services so furnished and for the use of the
14 electronic data processing equipment and necessary
15 telecommunications lines and equipment. The Such prices and
16 charges shall be sufficient to reimburse the cost of
17 furnishing the such services and use of equipment and lines.
18 (Source: P.A. 83-1332.)
19 (20 ILCS 405/25-255 new)
20 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
21 Sec. 25-255. Division of Management Information. 35.8.
22 The Department, through its Division of Management
23 Information, may make statistical services and the use of
24 electronic data processing equipment available to local
25 governments, elected State officials, State educational
26 institutions, and all other governmental units of the State
27 requesting them. The Director is empowered to establish
28 prices and charges for the statistical services so furnished
29 and for the use of the electronic data processing equipment.
30 The Such prices and charges shall be sufficient to reimburse
31 the cost of furnishing the such services and use of
32 equipment.
-97- LRB9009239DJcd
1 (Source: Laws 1967, p. 2655.)
2 (20 ILCS 405/25-260 new)
3 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
4 Sec. 25-260. Standards for management information
5 systems. 35.7c. The Department may establish statistical and
6 protocol standards to provide consistency in the operation
7 and use of management information systems.
8 (Source: P.A. 87-817.)
9 (20 ILCS 405/25-265 new)
10 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
11 Sec. 25-265. Plan to coordinate or centralize
12 communications among State offices. 67.08. To develop and
13 implement a comprehensive plan to coordinate or centralize
14 communications among State offices at different locations.
15 The plan shall be updated based on a continuing study of
16 communications problems of State government and shall include
17 but not be limited to telephone, teletypewriter use in
18 computer operations, the use of voice, data, and video
19 communications systems, and any other form of communications
20 system that which may be applicable. The plan shall take
21 into consideration systems that which might effect economies,
22 including but not limited to quantity discount services and,
23 the use of a common switchboard or centrex installation for
24 State agencies for cities, regions of the State, or the
25 entire State, and may include provision of telecommunications
26 service to local and federal government entities located
27 within this State if State interests can be served by so
28 doing.
29 (Source: P.A. 84-961.)
30 (20 ILCS 405/25-270 new)
31 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
-98- LRB9009239DJcd
1 Sec. 25-270. Telecommunications services. 67.18. To
2 provide for and co-ordinate telecommunications services for
3 State agencies and, when requested and when in the best
4 interests of the State, for units of federal or local
5 governments, and public and not-for-profit institutions of
6 primary, secondary, and higher education. The Department may
7 make use of its satellite uplink available to interested
8 parties not associated with State government provided that
9 State government usage shall have first priority. For this
10 purpose the Department shall have the power and duty to do
11 all of the following:
12 (1) (a) Provide for and control the procurement,
13 retention, installation, and maintenance of
14 telecommunications equipment or services used by State
15 agencies in the interest of efficiency and economy.;
16 (2) (b) Establish standards by January 1, 1989 for
17 communications services for State agencies which shall
18 include a minimum of one telecommunication device for the
19 deaf installed and operational within each State agency,
20 to provide public access to agency information for those
21 persons who are hearing or speech impaired. The
22 Department shall consult the Department of Human Services
23 to develop standards and implementation for this such
24 equipment.;
25 (3) (c) Establish charges (i) for communication
26 services for State agencies and, when requested, for
27 units of federal or local government and, public and
28 not-for-profit institutions of primary, secondary, or
29 higher education, and (ii) for use of the Department's
30 satellite uplink by parties not associated with State
31 government. Entities charged for these such services
32 shall reimburse the Department of Central Management
33 Services by vouchers drawn against their respective
34 appropriations for telecommunications services.;
-99- LRB9009239DJcd
1 (4) (d) Instruct all State agencies to report their
2 usage of telecommunication services regularly to the
3 Department in the such manner as the Director may
4 prescribe.;
5 (5) (e) Analyze the present and future aims and
6 needs of all State agencies in the area of
7 telecommunications services and plan to serve those such
8 aims and needs in the most effective and efficient
9 manner.; and
10 (6) (f) Establish the such administrative
11 organization within the Department that as is required to
12 accomplish the purpose of this Section.
13 The Department of Central Management Services is
14 authorized to conduct a study for the purpose of determining
15 technical, engineering, and management specifications for the
16 networking, compatible connection, or shared use of existing
17 and future public and private owned television broadcast and
18 reception facilities, including but not limited to
19 terrestrial microwave, fiber optic, and satellite, for
20 broadcast and reception of educational, governmental, and
21 business programs, and to implement those specifications.
22 However, the Department may not control or interfere with
23 the input of content into the telecommunications systems by
24 the several State agencies or units of federal or local
25 government, or public or not-for-profit institutions of
26 primary, secondary, and higher education, or users of the
27 Department's satellite uplink.
28 As used in this Section, the term "State agencies" means
29 all departments, officers, commissions, boards, institutions,
30 and bodies politic and corporate of the State except the
31 General Assembly, legislative service agencies, and all
32 officers of the General Assembly.
33 (Source: P.A. 89-507, eff. 7-1-97.)
-100- LRB9009239DJcd
1 (20 ILCS 405/25-275 new)
2 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
3 Sec. 25-275. Grants for distance learning services.
4 67.33. To award grants to public community colleges and
5 education service centers for development and implementation
6 of telecommunications systems that provide distance learning
7 services.
8 (Source: P.A. 87-583; 87-895.)
9 (20 ILCS 405/25-280 new)
10 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
11 Sec. 25-280. State garages; passenger cars. 67.15. To
12 supervise and administer all State garages used for the
13 repair, maintenance, or servicing of State-owned motor
14 vehicles except those operated by any State college or
15 university or by the Illinois Mathematics and Science
16 Academy; and to acquire, maintain, and administer the
17 operation of the passenger cars reasonably necessary to the
18 operations of the executive department of the State
19 government. To this end, the Department of Central
20 Management Services shall adopt regulations setting forth
21 guidelines for the acquisition, use, maintenance, and
22 replacement of motor vehicles, including the use of ethanol
23 blended gasoline whenever feasible, used by the executive
24 department of State government; and shall occupy the space
25 and take possession of the personnel, facilities, equipment,
26 tools, and vehicles that which are in the possession or under
27 the administration of the former Department of Administrative
28 Services for these purposes on July 13, 1982 (the effective
29 date of Public Act 82-789); this amendatory Act of 1982 and
30 shall, from time to time, acquire any such further,
31 additional, and replacement facilities, space, tools, and
32 vehicles that as are reasonably necessary for the purposes
33 described in this Section.
-101- LRB9009239DJcd
1 (Source: P.A. 86-109; 87-373.)
2 (20 ILCS 405/25-285 new)
3 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
4 Sec. 25-285. Fees for maintaining motor vehicles. 67.16.
5 To charge, collect, and receive from all other agencies of
6 the State government fees or moneys equivalent to the costs
7 of repairing, servicing, and maintaining motor vehicles used
8 by those such other agencies under Section 25-280 67.15 of
9 this Act. All contracts let under the provisions of this Law
10 Act shall be awarded in accordance with the applicable
11 requirements of the Illinois Purchasing Act.
12 (Source: P.A. 80-161.)
13 (20 ILCS 405/25-290 new)
14 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
15 Sec. 25-290. Retread replacement tires on State owned
16 vehicles. 67.32. The Department shall develop and implement
17 a program to use retreads as replacement tires on State owned
18 vehicles wherever possible.
19 (Source: P.A. 87-476.)
20 (20 ILCS 405/25-295 new)
21 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
22 Sec. 25-295. Decreased energy consumption. 67.30. The
23 Department of Central Management Services may enter into
24 contracts for equipment or services designed to decrease
25 energy consumption in State programs and, State owned or
26 controlled buildings, or equipment. Prior to entering into
27 any such contract for a State owned building, the Department
28 shall consult with the Executive Director of the Capital
29 Development Board. The Department may consult with the
30 Department of Commerce and Community Affairs regarding any
31 aspect of energy consumption projects.
-102- LRB9009239DJcd
1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 405/25-300 new)
3 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
4 Sec. 25-300. Lease or purchase of facilities; training
5 programs. 67.02.
6 (a) To lease or purchase office and storage space,
7 buildings, land, and other facilities for all State agencies,
8 authorities, boards, commissions, departments, institutions,
9 and bodies politic and all other administrative units or
10 outgrowths of the executive branch of State government except
11 the Constitutional officers, the State Board of Education and
12 the State colleges and universities and their governing
13 bodies. However, before leasing or purchasing any office or
14 storage space, buildings, land or other facilities in any
15 municipality the Department shall survey the existing
16 State-owned and State-leased property to make a determination
17 of need.
18 The such leases shall be for a term not to exceed 5
19 years, except that the such leases may contain a renewal
20 clause subject to acceptance by the State after that date or
21 an option to purchase. The Such purchases shall be made
22 through contracts that (i) which may provide for the title to
23 the property to transfer immediately to the State or a
24 trustee or nominee for the benefit of the State, (ii) and
25 which shall: provide for the consideration to be paid in
26 installments to be made at stated intervals during a certain
27 term not to exceed 30 years from the date of the contract,
28 and (iii) may provide for the payment of interest on the
29 unpaid balance at a rate that does not exceed a rate
30 determined by adding 3 percentage points to the annual yield
31 on United States Treasury obligations of comparable maturity
32 as most recently published in the Wall Street Journal at the
33 time such contract is signed. The Such leases and purchase
-103- LRB9009239DJcd
1 contracts shall be and shall recite that they are subject to
2 termination and cancellation in any year for which the
3 General Assembly fails to make an appropriation to pay the
4 rent or purchase installments payable under the terms of the
5 lease or purchase contract. Additionally, the such purchase
6 contract shall specify that title to the office and storage
7 space, buildings, land, and other facilities being acquired
8 the under the such a contract shall revert to the Seller in
9 the event of the failure of the General Assembly to
10 appropriate suitable funds. However, this limitation on the
11 term of the such leases does not apply to leases to and with
12 the Illinois Building Authority, as provided for in the Act
13 enacted by the Seventy-second General Assembly entitled the
14 Building Authority Act., which Leases to and with that said
15 Authority may be entered into for a term not to exceed 30
16 years and shall be and shall recite that they are subject to
17 termination and cancellation in any year for which the
18 General Assembly fails to make an appropriation to pay the
19 rent payable under the terms of the such lease. These
20 limitations do not apply if where the lease or purchase
21 contract contains a provision limiting the liability for the
22 payment of the rentals or installments thereof solely to
23 funds received from the Federal government.
24 (b) To lease from an airport authority office, aircraft
25 hangar, and service buildings constructed upon a public
26 airport under the Airport Authorities Act for the use and
27 occupancy of the State Department of Transportation. The ,
28 which lease may be entered into for a term not to exceed 30
29 years.
30 (c) To establish training programs for teaching State
31 leasing procedures and practices to new employees of the
32 Department and to keep all employees of the Department
33 informed about current leasing practices and developments in
34 the real estate industry.
-104- LRB9009239DJcd
1 (d) To enter into an agreement with a municipality or
2 county to construct, remodel, or convert a structure for the
3 purposes of its serving as a correctional institution or
4 facility pursuant to paragraph (c) of Section 3-2-2 of the
5 Unified Code of Corrections.
6 (e) To enter into an agreement with a private
7 individual, trust, partnership, or corporation or a
8 municipality or other unit of local government, when
9 authorized to do so by the Department of Corrections, whereby
10 that such individual, trust, partnership, or corporation or
11 municipality or other unit of local government will
12 construct, remodel, or convert a structure for the purposes
13 of its serving as a correctional institution or facility and
14 then lease the such structure to the Department for the use
15 of the Department of Corrections. A lease entered into
16 pursuant to the authority granted in this subsection shall be
17 for a term not to exceed 30 years, but may grant to the State
18 the option to purchase the structure outright.
19 The Such leases shall be and shall recite that they are
20 subject to termination and cancellation in any year for which
21 the General Assembly fails to make an appropriation to pay
22 the rent payable under the terms of the lease.
23 (f) On and after September 17, 1983, the powers granted
24 to the Department under this Section shall be exercised
25 exclusively by the Department, and no other State agency may
26 concurrently exercise any such power, unless specifically
27 authorized otherwise by a later enacted law. This subsection
28 is not intended to impair any contract existing as of
29 September 17, 1983.
30 However, no lease for more than 10,000 square feet of
31 space shall be executed unless the Director, in consultation
32 with the Executive Director of the Capital Development Board,
33 has certified that leasing is in the best interest of the
34 State, considering programmatic requirements, availability of
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1 vacant State-owned space, the cost-benefits of purchasing or
2 constructing new space, and other criteria as he or she shall
3 determine. The Director shall not permit multiple leases for
4 less than 10,000 square feet to be executed in order to evade
5 this provision.
6 (g) To develop and implement, in cooperation with the
7 Interagency Energy Conservation Committee, a system for
8 evaluating energy consumption in facilities leased by the
9 Department, and to develop energy consumption standards for
10 use in evaluating prospective lease sites.
11 (h) (1) After June 1, 1998 (the effective date of Public
12 this amendatory Act 90-520) of 1997, the Department shall
13 not enter into an agreement for the installment purchase
14 or lease purchase of buildings, land, or facilities
15 unless:
16 (A) the using agency certifies to the
17 Department that the agency reasonably expects that
18 the building, land, or facilities being considered
19 for purchase will meet a permanent space need;
20 (B) the building or facilities will be
21 substantially occupied by State agencies after
22 purchase (or after acceptance in the case of a build
23 to suit);
24 (C) the building or facilities shall be in new
25 or like new condition and have a remaining economic
26 life exceeding the term of the contract;
27 (D) no structural or other major building
28 component or system has shall have a remaining
29 economic life of less than 10 years;
30 (E) the building, land, or facilities:
31 (i) is free of any identifiable
32 environmental hazard, or
33 (ii) is subject to a management plan,
34 provided by the seller and acceptable to the
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1 State, to address the known environmental
2 hazard;
3 (F) the building, land, or facilities satisfy
4 applicable handicap accessibility and applicable
5 building codes; and
6 (G) the State's cost to lease purchase or
7 installment purchase the building, land, or
8 facilities is less than the cost to lease space of
9 comparable quality, size, and location over the
10 lease purchase or installment purchase term.
11 (2) The Department shall establish the methodology
12 for comparing lease costs to the costs of installment or
13 lease purchases. The cost comparison shall take into
14 account all relevant cost factors, including, but not
15 limited to, debt service, operating and maintenance
16 costs, insurance and risk costs, real estate taxes,
17 reserves for replacement and repairs, security costs, and
18 utilities. The Such methodology shall also provide:
19 (A) that the comparison will be made using
20 level payment plans; and
21 (B) that a purchase price must not exceed the
22 fair market value of the buildings, land, or
23 facilities, and that the purchase such price must be
24 substantiated by an appraisal or by a competitive
25 selection process.
26 (3) If the Department intends to enter into an
27 installment purchase or lease purchase agreement for
28 buildings, land, or facilities under circumstances that
29 do not satisfy the conditions specified by this Section,
30 it must issue a notice to the Secretary of the Senate and
31 the Clerk of the House. The Such notice shall contain
32 (i) specific details of the State's proposed purchase,
33 including the amounts, purposes, and financing terms;
34 (ii) a specific description of how the proposed purchase
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1 varies from the procedures set forth in this Section; and
2 (iii) a specific justification, signed by the Director,
3 stating of why it is in the State's best interests to
4 proceed with the purchase. The Department may not
5 proceed with such an installment purchase or lease
6 purchase agreement if, within 60 calendar days after
7 delivery of the notice, the General Assembly, by joint
8 resolution, disapproves the transaction. Delivery may
9 take place on a day and at an hour when the Senate and
10 House are not in session so long as the offices of
11 Secretary and Clerk are open to receive the notice. In
12 determining the 60-day 60 day period within which the
13 General Assembly must act, the day on which delivery is
14 made to the Senate and House shall not be counted. If
15 delivery of the notice to the 2 houses occurs on
16 different days, the 60-day 60 day period shall begin on
17 the day following the later delivery.
18 (4) On or before February 15 of each year, the
19 Department shall submit an annual report to the Director
20 of the Bureau of the Budget and the General Assembly
21 regarding installment purchases or lease purchases of
22 buildings, land, or facilities that were entered into
23 during the preceding calendar year. The report shall
24 include a summary statement of the aggregate amount of
25 the State's obligations under those such purchases;
26 specific details pertaining to each purchase, including
27 the amounts, purposes, and financing terms and payment
28 schedule for each purchase; and any other matter that the
29 Department deems advisable.
30 The requirement for reporting to the General
31 Assembly shall be satisfied by filing copies of the
32 report with the Auditor General, the Speaker, the
33 Minority Leader, and the Clerk of the House of
34 Representatives and the President, the Minority Leader,
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1 and the Secretary of the Senate, the Chairs of the
2 Appropriations Committees, and the Legislative Research
3 Unit, as required by Section 3.1 of the General Assembly
4 Organization Act, and filing such additional copies with
5 the State Government Report Distribution Center for the
6 General Assembly as is required under paragraph (t) of
7 Section 7 of the State Library Act.
8 (Source: P.A. 90-520, eff. 6-1-98.)
9 (20 ILCS 405/25-305 new)
10 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
11 Sec. 25-305. Lease of unused or unproductive State land.
12 67.06. To lease the unused or unproductive land under the
13 jurisdiction of any of the several departments on such terms
14 and conditions that as in the judgment of the Director are in
15 the best interests of the State.
16 (Source: Laws 1967, p. 2788.)
17 (20 ILCS 405/25-310 new)
18 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
19 Sec. 25-310. Transfer of realty. 67.07. To transfer any
20 realty under the jurisdiction of the Department to any other
21 State agency and to accept a transfer of realty from the
22 federal government.
23 (Source: Laws 1967, p. 2788.)
24 (20 ILCS 405/25-315 new)
25 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
26 Sec. 25-315. Management of State buildings; security
27 force; fees. 67.24.
28 (a) To manage, operate, maintain, and preserve from
29 waste the State buildings listed below. The Department may
30 rent portions of these and other State buildings when in the
31 judgment of the Director those such leases will be in the
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1 best interests of the State. The Such leases shall not
2 exceed 5 five years unless a greater term is specifically
3 authorized.
4 a. Peoria Regional Office Building
5 5415 North University
6 Peoria, Illinois 61614
7 b. Springfield Regional Office Building
8 4500 South 6th Street
9 Springfield, Illinois 62703
10 c. Champaign Regional Office Building
11 2125 South 1st Street
12 Champaign, Illinois 61820
13 d. Illinois State Armory Building
14 124 East Adams
15 Springfield, Illinois 62706
16 e. Marion Regional Office Building
17 2209 West Main Street
18 Marion, Illinois 62959
19 f. Kenneth Hall Regional State Office
20 Building
21 #10 Collinsville Avenue
22 East St. Louis, Illinois 62201
23 g. Rockford Regional Office Building
24 4402 North Main Street
25 P.O. Box 915
26 Rockford, Illinois 61105
27 h. State of Illinois Building
28 160 North LaSalle
29 Chicago, Illinois 60601
30 i. Office and Laboratory Building
31 2121 West Taylor Street
32 Chicago, Illinois 60602
33 j. Central Computer Facility
34 201 West Adams
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1 Springfield, Illinois 62706
2 k. Elgin Office Building
3 595 South State Street
4 Elgin, Illinois 60120
5 l. James R. Thompson Center
6 Bounded by Lake, Clark, Randolph and
7 LaSalle Streets
8 Chicago, Illinois
9 m. The following buildings located within the Chicago
10 Medical Center District:
11 1. Lawndale Day Care Center
12 2929 West 19th Street
13 2. Edwards Center
14 2020 Roosevelt Road
15 3. Illinois Center for
16 Rehabilitation and Education
17 1950 West Roosevelt Road and 1151 South Wood Street
18 4. Department of Children and
19 Family Services District Office
20 1026 South Damen
21 5. The William Heally School
22 1731 West Taylor
23 6. Administrative Office Building
24 1100 South Paulina Street
25 7. Metro Children and Adolescents Center
26 1601 West Taylor Street
27 n. E.J. "Zeke" Giorgi Center
28 200 Wyman Street
29 Rockford, Illinois
30 o. Suburban North Facility
31 9511 Harrison
32 Des Plaines, Illinois
33 p. The following buildings located within the Revenue
34 Center in Springfield:
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1 1. State Property Control Warehouse
2 11th & Ash
3 2. Illinois State Museum Research & Collections
4 Center
5 1011 East Ash Street
6 q. Effingham Regional Office Building
7 401 Industrial Drive
8 Effingham, Illinois
9 r. Portions or all of the basement and
10 ground floor of the
11 State of Illinois Building
12 160 North LaSalle
13 Chicago, Illinois 60601
14 may be leased to persons, firms, partnerships, associations,
15 or individuals for terms not to exceed 15 years when in the
16 judgment of the Director those such leases will be in the
17 best interests of the State.
18 Portions or all of the commercial space, which includes
19 the sub-basement, storage mezzanine, concourse, and ground
20 and second floors of the
21 James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and LaSalle Streets
23 Chicago, Illinois
24 may be leased to persons, firms, partnerships, associations,
25 or individuals for terms not to exceed 15 years subject to
26 renewals when in the judgment of the Director those such
27 leases will be in the best interests of the State.
28 The Director is authorized to rent portions of the above
29 described facilities to persons, firms, partnerships,
30 associations, or individuals for terms not to exceed 30 days
31 when those such leases will not interfere with State usage of
32 the facility. This authority is meant to supplement and shall
33 not in any way be interpreted to restrict the Director's
34 ability to make portions of the State of Illinois Building
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1 and the James R. Thompson Center available for long-term
2 commercial leases.
3 Provided however, that all rentals or fees charged to
4 persons, firms, partnerships, associations, or individuals
5 for any lease or use of space in the above described
6 facilities made for terms not to exceed 30 days in length
7 shall be deposited in a special fund in the State treasury to
8 be known as the Special Events Revolving Fund.
9 Notwithstanding the provisions above, the Department of
10 Children and Family Services and the Department of Human
11 Services (as successor to the Department of Rehabilitation
12 Services and the Department of Mental Health and
13 Developmental Disabilities) shall determine the allocation of
14 space for direct recipient care in their respective
15 facilities. The Department of Central Management Services
16 shall consult with the affected agency in the allocation and
17 lease of surplus space in these facilities. Potential lease
18 arrangements shall not endanger the direct recipient care
19 responsibilities in these facilities.
20 (b) To appoint, subject to the "Personnel Code", as
21 amended, persons to be members of a police and security
22 force. Members of the security force shall be peace officers
23 when performing duties pursuant to this Section and as such
24 shall have all of the powers possessed by policemen in
25 cities, and sheriffs, including the power to make arrests on
26 view or issue citations for violations of State statutes or
27 city or county ordinances, except that in counties of more
28 than 1,000,000 population, any powers created by this
29 subsection shall be exercised only (i) when necessary to
30 protect the property, personnel, or any interests of the
31 Department of Central Management Services or any State agency
32 for whom the Department manages, operates, or maintains
33 property, or (ii) when specifically requested by appropriate
34 State or local law enforcement officials, and except that
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1 within counties of 1,000,000 or less population, these such
2 powers shall be exercised only when necessary to protect the
3 property, personnel, or any interests of the State of
4 Illinois, and only while on property managed, operated, or
5 maintained by the Department.
6 Nothing in this subsection shall be construed so as to
7 make it conflict with any provisions of, or rules promulgated
8 under, the "Personnel Code".
9 (c) To charge reasonable fees to all State agencies
10 utilizing facilities operated by the Department for occupancy
11 related fees and charges. All fees collected under this
12 subsection shall be deposited in a special fund in the State
13 treasury known as the Facilities Management Revolving Fund.
14 As used in this subsection, the term "State agencies" means
15 all departments, officers, commissions, institutions, boards,
16 and bodies politic and corporate of the State.
17 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
18 eff. 8-18-95; 89-507, eff. 7-1-97.)
19 (20 ILCS 405/25-320 new)
20 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
21 Sec. 25-320. Multi-use State facility at Collinsville;
22 State Police district headquarters at Sterling. 67.25.
23 (a) To enter into an agreement with a private
24 individual, trust, partnership, or corporation or a
25 municipality or other unit of local government whereby that
26 such individual, trust, partnership, or corporation or
27 municipality or other unit of local government will construct
28 a structure in the vicinity of Collinsville, Illinois for the
29 purposes of its serving as a multi-use State facility and
30 then lease that such structure to the Department for the use
31 of the Department of Transportation and other State agencies.
32 (b) To enter into an agreement with a municipality or
33 other unit of local government whereby the municipality or
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1 other unit of local government will construct a structure in
2 the vicinity of Sterling, Illinois for the purposes of its
3 serving as a Department of State Police district headquarters
4 and then lease the structure to the Department for the use of
5 the Illinois State Police. The Director of the Department of
6 Central Management Services is further authorized to convey
7 the existing Illinois State Police headquarters at Sterling
8 to the City of Sterling, Illinois, a municipal corporation,
9 at a value established by the average of 3 three appraisals
10 in exchange for a deduction of equal value against any
11 amounts due the municipality under the State's contract to
12 acquire a State Police district headquarters at Sterling.
13 (c) A lease entered into pursuant to the authority
14 granted in this Section Act shall be for a term not to exceed
15 30 years but may grant to the State the option to purchase
16 the structure outright.
17 (d) The lease shall be approved by the heads of the
18 agencies occupying the facility and shall be and shall recite
19 that it is subject to termination and cancellation in any
20 year for which the General Assembly fails to make an
21 appropriation to pay the rent payable under the terms of the
22 lease.
23 (Source: P.A. 86-1338.)
24 (20 ILCS 405/25-325 new)
25 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
26 Sec. 25-325. Mental health facility at Dixon. 67.26. To
27 enter into an agreement with a private individual, trust,
28 partnership, or corporation or a municipality or other unit
29 of local government whereby that such individual, trust,
30 partnership, or corporation or municipality or other unit of
31 local government will construct a structure in the vicinity
32 of Dixon, Illinois for the purposes of its serving as a
33 mental health facility and then lease that such structure to
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1 the Department for the use of the Department of Human
2 Services.
3 A lease entered into pursuant to the authority granted in
4 this Section Act shall be for a term not to exceed 30 years
5 but may grant to the State the option to purchase the
6 structure outright.
7 The lease shall be approved by the Secretary of Human
8 Services and shall be and shall recite that it is subject to
9 termination and cancellation in any year for which the
10 General Assembly fails to make an appropriation to pay the
11 rent payable under the terms of the lease.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 405/25-400 new)
14 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
15 Sec. 25-400. Successor to Department of Administrative
16 Services and Department of Personnel. 34.1. The Department
17 of Central Management Services shall assume all rights,
18 powers, duties, and responsibilities of the Department of
19 Administrative Services and the Department of Personnel as
20 the successor to those departments. The Department of
21 Administrative Services, the Department of Personnel, and the
22 Advisory Board to the Department of Personnel are abolished.
23 Personnel, books, records, papers, documents, property,
24 real and personal, unexpended appropriations, and pending
25 business in any way pertaining to the former Department of
26 Administrative Services and the former Department of
27 Personnel are transferred to the Department of Central
28 Management Services, but any rights of employees or the State
29 under the "Personnel Code" or any other contract or plan
30 shall be unaffected by this transfer hereby. No rule or
31 regulation promulgated by the former Department of
32 Administrative Services or the former Department of Personnel
33 pursuant to an exercise of any right, power, duty, or
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1 responsibility transferred to the Department of Central
2 Management Services shall be affected by Public Act 82-789
3 this amendatory Act of 1982, and all such rules and
4 regulations shall become the rules and regulations of the
5 Department of Central Management Services.
6 (Source: P.A. 82-789.)
7 (20 ILCS 405/25-500 new)
8 (was 20 ILCS 405/67.35)
9 Sec. 25-500. 67.35. Matters relating to the Office of
10 the Lieutenant Governor.
11 (a) It is the purpose of this Section to provide for the
12 administration of the affairs of the Office of the Lieutenant
13 Governor during a period when the Office of Lieutenant
14 Governor is vacant.
15 It is the intent of the General Assembly that all powers
16 and duties of the Lieutenant Governor assumed and exercised
17 by the Director of Central Management Services, the
18 Department of Central Management Services, or another
19 Director, State employee, or State agency designated by the
20 Governor under the provisions of Public Act 88-553 this
21 amendatory Act of 1994 be reassumed by the Lieutenant
22 Governor on January 9, 1995.
23 (b) Until January 9, 1995, while the office of
24 Lieutenant Governor is vacant, the Director of Central
25 Management Services shall assume and exercise the powers and
26 duties given to the Lieutenant Governor under the Lieutenant
27 Governor's Office of Voluntary Action Act, Section 46.53 of
28 the Civil Administrative this Code of Illinois (renumbered;
29 now Section 35-75 of the Department of Commerce and Community
30 Affairs Law, 20 ILCS 605/35-75) (relating to the Keep
31 Illinois Beautiful program), the Employee Ownership
32 Assistance Act, the Gifts and Grants to Government Act, and
33 the Illinois Distance Learning Foundation Act.
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1 The Director of Central Management Services shall not
2 assume or exercise the powers and duties given to the
3 Lieutenant Governor under the Rural Bond Bank Act.
4 (c) Until January 9, 1995, while the office of
5 Lieutenant Governor is vacant, the Department of Central
6 Management Services shall assume and exercise the powers and
7 duties given to the Office of the Lieutenant Governor under
8 the Lieutenant Governor's Office of Voluntary Action Act and
9 the Illinois Distance Learning Foundation Act.
10 (d) Until January 9, 1995, while the office of
11 Lieutenant Governor is vacant, the Department of Central
12 Management Services may assume and exercise the powers and
13 duties that have been delegated to the Lieutenant Governor by
14 the Governor.
15 (e) Until January 9, 1995, while the office of
16 Lieutenant Governor is vacant, appropriations to the Office
17 of the Lieutenant Governor may be obligated and expended by
18 the Department of Central Management Services, with the
19 authorization of the Director of Central Management Services,
20 for the purposes specified in those appropriations. These
21 obligations and expenditures shall continue to be accounted
22 for as obligations and expenditures of the Office of the
23 Lieutenant Governor.
24 (f) Until January 9, 1995, while the office of
25 Lieutenant Governor is vacant, all employees of the Office of
26 the Lieutenant Governor who are needed to carry out the
27 responsibilities of the Office are temporarily reassigned to
28 the Department of Central Management Services. This
29 reassignment shall not be deemed to constitute new employment
30 or to change the terms or conditions of employment or the
31 qualifications required of the employees, except that the
32 reassigned employees shall be subject to supervision by the
33 Department during the temporary reassignment period.
34 (g) Until January 9, 1995, while the office of
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1 Lieutenant Governor is vacant, the Department of Central
2 Management Services shall temporarily assume and exercise the
3 powers and duties of the Office of the Lieutenant Governor
4 under contracts to which the Office of the Lieutenant
5 Governor is a party. The assumption of rights and duties
6 under this subsection shall not be deemed to change the terms
7 or conditions of the contract.
8 The Department of Central Management Services may amend,
9 extend, or terminate any such contract in accordance with its
10 terms; may agree to terminate a contract at the request of
11 the other party; and may, with the approval of the Governor,
12 enter into new contracts on behalf of the Office of the
13 Lieutenant Governor.
14 (h) The Governor may designate a State employee or
15 director other than the Director of Central Management
16 Services or a State agency other than the Department of
17 Central Management Services to assume and exercise any
18 particular power or duty that would otherwise be assumed and
19 exercised by the Director of Central Management Services or
20 the Department of Central Management Services under
21 subsection (b), (c), or (d) of this Section.
22 Except as provided below, if the Governor designates a
23 State employee or director other than the Director of Central
24 Management Services or a State agency other than the
25 Department of Central Management Services, that person or
26 agency shall be responsible for those duties set forth in
27 subsections (e), (f), and (g) that directly relate to the
28 designation of duties under subsections (b), (c), and (d).
29 If the Governor's designation relates to duties of the
30 Voluntary Action Advisory Council or the Distance Learning
31 Foundation, the Director of Central Management Services and
32 the Department of Central Management Services may, if so
33 directed by the Governor, continue to be responsible for
34 those duties set forth in subsections (e), (f), and (g)
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1 relating to that designation.
2 (i) Business transacted under the authority of this
3 Section by entities other than the Office of the Lieutenant
4 Governor shall be transacted on behalf of and in the name of
5 the Office of the Lieutenant Governor. Property of the
6 Office of the Lieutenant Governor shall remain the property
7 of that Office and may continue to be used by persons
8 performing the functions of that Office during the vacancy
9 period, except as otherwise directed by the Governor.
10 (Source: P.A. 88-553; 89-445, eff. 2-7-96.)
11 (20 ILCS 510/Art. 30 heading new)
12 ARTICLE 30. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
13 (20 ILCS 510/30-1 new)
14 Sec. 30-1. Article short title. This Article 30 of the
15 Civil Administrative Code of Illinois may be cited as the
16 Department of Children and Family Services Powers Law.
17 (20 ILCS 510/30-5 new)
18 Sec. 30-5. Definition. As used in this Article 30,
19 "Department" means the Department of Children and Family
20 Services.
21 (20 ILCS 510/30-10 new)
22 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
23 Sec. 30-10. Powers, generally. 65. The Department of
24 Children and Family Services has the powers enumerated in the
25 following Sections 65.1 through 65.8.
26 (Source: P.A. 86-610.)
27 (20 ILCS 510/30-15 new)
28 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
29 Sec. 30-15. Children and Family Services Act. The
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1 Department has the power 65.1. to administer the "An Act
2 creating the Department of Children and Family Services Act,
3 codifying its powers and duties, and repealing certain Acts
4 and Sections herein named".
5 (Source: Laws 1967, p. 4089.)
6 (20 ILCS 510/30-20 new)
7 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
8 Sec. 35-20. Juveniles. The Department has the power
9 65.4. to exercise the powers and fulfill the duties assigned
10 the Department by the Juvenile Court Act of 1987.
11 (Source: P.A. 90-372, eff. 7-1-98.)
12 (20 ILCS 510/30-25 new)
13 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
14 Sec. 30-25. Child Care Act of 1969; injunction. The
15 Department has the power 65.5. to initiate injunction
16 proceedings whenever wherever it appears to the Director of
17 Children and Family Services that any person, group of
18 persons, or corporation is engaged or about to engage in any
19 acts or practices that which constitute or will constitute a
20 violation of the "Child Care Act of 1969", approved May 15,
21 1969, as amended, or any rule or regulation prescribed under
22 the authority of that Act thereof. The Director of Children
23 and Family Services may, in his or her discretion, through
24 the Attorney General apply for an injunction to enforce the
25 Act, rule, or regulation., and Upon a proper showing, any
26 circuit court may enter a permanent or preliminary injunction
27 or a temporary restraining order without bond to enforce the
28 Act, rule, or regulation those Acts in addition to the
29 penalties and other remedies provided in the Act, rule, or
30 regulation those Acts. Appeals may be taken as in other civil
31 cases.
32 (Source: P.A. 83-1362.)
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1 (20 ILCS 510/30-30 new)
2 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
3 Sec. 30-30. Escaped inmates. The Department has the
4 power 65.6. to exercise the powers and fulfill the duties
5 assigned the Department by the Escaped Inmate Damages Act "An
6 Act concerning damages caused by escaped inmates of
7 charitable, penal, reformatory or other institutions over
8 which the State has control", approved June 21, 1935, as
9 heretofore and hereafter amended.
10 (Source: Laws 1967, p. 4089.)
11 (20 ILCS 510/30-35 new)
12 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
13 Sec. 30-35. State agency employees child care services.
14 The Department has the power 65.7. to advise the Department
15 of Central Management Services concerning the provision of
16 child care services pursuant to the "State Agency Employees
17 Child Care Services Act", enacted by the 84th General
18 Assembly.
19 (Source: P.A. 84-652.)
20 (20 ILCS 510/30-95 new)
21 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
22 Sec. 30-95. Statutory responsibilities pertaining to
23 children. The Department has the power 65.3. to administer
24 the "Child Care Act (repealed)" and the such other
25 responsibilities pertaining to children that as are delegated
26 to the Department by statute.
27 (Source: Laws 1967, p. 4089.)
28 (20 ILCS 510/30-100 new)
29 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
30 Sec. 30-100. Criminal history record information. 65.8.
31 Whenever the Department is authorized or required by law to
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1 consider some aspect of criminal history record information
2 for the purpose of carrying out its statutory powers and
3 responsibilities, then, upon request and payment of fees in
4 conformance with the requirements of subsection 22 of Section
5 100-400 55a of " the Department of State Police Law (20 ILCS
6 2605/100-400) Civil Administrative Code of Illinois", the
7 Department of State Police is authorized to furnish, pursuant
8 to positive identification, the such information contained in
9 State files that as is necessary to fulfill the request.
10 (Source: P.A. 86-610.)
11 (20 ILCS 510/30-200 new)
12 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
13 Sec. 30-200. Police and security force. The Department
14 has the power 65.2. to appoint, subject to the "Personnel
15 Code", persons to be members of a police and security force.
16 Members of the police and security force shall be peace
17 officers and as such have all powers possessed by policemen
18 in cities, and sheriffs, including the power to make arrests
19 on view or on warrants of violations of State statutes or
20 city or county ordinances. These powers may, however, be
21 exercised only in counties of more than 500,000 population
22 when required for the protection of Department properties,
23 interests, and personnel, or when specifically requested by
24 appropriate State or local law enforcement officials. Members
25 of the police and security force may not serve and execute
26 civil process processes.
27 (Source: Laws 1967, p. 4089.)
28 (20 ILCS 605/Art. 35 heading new)
29 ARTICLE 35. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
30 (20 ILCS 605/35-1 new)
31 Sec. 35-1. Article short title. This Article 35 of the
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1 Civil Administrative Code of Illinois may be cited as the
2 Department of Commerce and Community Affairs Law.
3 (20 ILCS 605/35-5 new)
4 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
5 Sec. 35-5. Definitions. As used in the Sections following
6 after this Section: and before Section 47.2,
7 "Department" means the Department of Commerce and
8 Community Affairs.
9 "Director" means the Director of Commerce and Community
10 Affairs.
11 "Local government" means every county, municipality,
12 township, school district, and other local political
13 subdivision having authority to enact laws and ordinances, to
14 administer laws and ordinances, to raise taxes, or to expend
15 funds.
16 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
17 eff. 12-2-94.)
18 (20 ILCS 605/35-10 new)
19 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
20 Sec. 35-10. 46.1. Powers and duties. The Department of
21 Commerce and Community Affairs has the powers and duties
22 enumerated in the Sections following after this Section and
23 before Section 47.2.
24 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
25 eff. 12-2-94.)
26 (20 ILCS 605/35-15 new)
27 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
28 Sec. 35-15. Cooperation with other departments, agencies,
29 and institutions. 46.22. To cooperate with other departments,
30 agencies, and institutions of this State in the collecting
31 and assembling of information and to enter into agreements
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1 with those such other departments, agencies, and
2 institutions, upon such terms that are as may be mutually
3 agreed upon, to have conducted such studies and research that
4 conducted as may be necessary and proper.
5 (Source: Laws 1965, p. 1958.)
6 (20 ILCS 605/35-20 new)
7 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
8 Sec. 35-20. Charges; gifts and grants; Economic Research
9 and Information Fund. 46.29.
10 (a) To establish and collect charges and to accept
11 gifts, grants, awards, matching contributions, financial
12 participations, and cost sharings from individuals,
13 businesses, governments, and other third party sources, on
14 such terms and conditions that as the Director deems
15 advisable, for any or all of the following purposes:
16 (1) Preparing, producing, and disseminating
17 economic research material and information in various
18 formats and media.
19 (2) Preparing, producing, and disseminating
20 economic development strategies and planning products
21 prepared as a guidance of the Illinois economy.
22 (3) Planning, facilitating, entering into, and
23 conducting public, private, or both public and private
24 sector partnerships and other joint venture economic
25 research, strategic planning, and pilot, and
26 demonstration projects that have as their purpose
27 fostering increased understanding of the Illinois economy
28 and the development, evaluation, and implementation of
29 policies and strategies to foster economic growth.
30 (4) Planning, facilitating, and conducting
31 information dissemination and training outreach
32 conferences, workshops, symposia, and award recognition
33 ceremonies.
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1 (b) The Economic Research and Information Fund is
2 created as a special fund in the State treasury, and all
3 monies received pursuant to this Section shall be deposited
4 into that Fund. Monies in the Economic Research and
5 Information Fund may be expended for purposes consistent with
6 the conditions under which those monies are received, subject
7 to appropriations made by the General Assembly for those
8 purposes.
9 (Source: P.A. 88-407.)
10 (20 ILCS 605/35-25 new)
11 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
12 Sec. 35-25. Charges, gifts, and grants for promotional
13 products and services; International and Promotional Fund.
14 46.30a.
15 (a) To establish, levy, and collect fees and charges and
16 accept gifts, grants, and awards from other governmental
17 entities, for profit organizations, and nonprofit
18 associations in association with or as consideration for the
19 provision of various promotional products and services
20 through its tourism, films production promotion, and
21 international business promotion programs. The Director may
22 establish and collect nominal charges for premiums and other
23 promotional materials produced or acquired as part of the
24 Department's activities authorized under the Illinois
25 Promotion Act from individuals and not-for-profit
26 organizations intending to use those such premiums and
27 promotional materials for purposes consistent with the
28 provisions of the Illinois Promotion Act, provided, however,
29 that other State agencies shall be charged no more than the
30 cost of the premium or promotional material to the
31 Department.
32 (b) The Director may collect cost reimbursement monies
33 from films and media production entities for police and
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1 related production security services in amounts determined by
2 the provider of the such security services and agreed to by
3 the production entity. The Such reimbursements shall only
4 result only from the agreed costs of planned police and
5 security services to be rendered to film and media production
6 sites in the State of Illinois.
7 (c) The Director may establish and collect cost-sharing
8 assessments and fees and accept gifts, grants, and awards
9 from private businesses, trade associations, other
10 governmental entities, and individuals desiring to
11 participate in and support the development and conduct of
12 overseas trade, catalog, and distributor shows and activities
13 and to purchase informational materials to foster export
14 sales of Illinois products and services as part of the
15 Department's international business programs.
16 (d) All money received pursuant to this Section shall be
17 deposited into in the International and Promotional Fund
18 within the State treasury which is hereby created; monies
19 within the such Fund shall be appropriated only for
20 expenditure pursuant to this Section.
21 (Source: P.A. 90-26, eff. 7-1-97.)
22 (20 ILCS 605/35-30 new)
23 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
24 Sec. 35-30. State and federal programs, grants, and
25 subsidies. 46.41. The Department shall use the such State and
26 federal programs, grants, and subsidies that as are available
27 to assist in the discharge of the provisions of the Civil
28 Administrative Code of Illinois this Act.
29 (Source: P.A. 81-1509.)
30 (20 ILCS 605/35-35 new)
31 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
32 Sec. 35-35. Federal moneys for general administration;
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1 Intra-Agency Services Fund. 46.43. Moneys recovered from
2 federal programs for general administration that are received
3 by the Department of Commerce and Community Affairs shall be
4 deposited into a separate fund in the State treasury to be
5 known as the Intra-Agency Services Fund.
6 (Source: P.A. 86-1175; 87-130; 87-1177.)
7 (20 ILCS 605/35-40 new)
8 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
9 Sec. 35-40. State Technical Services Act Fund. 47.2. The
10 following funds collected and received by the Department of
11 Commerce and Community Affairs shall be paid to the State
12 Treasurer for deposit in the State Technical Services Act
13 Fund outside the State Treasury:
14 (1) (a) Funds received or collected from the
15 federal government to defray the cost of programs and
16 activities conducted under the State Technical Services
17 Act of 1965, Public Law 89-182, as now and hereafter
18 amended, or under any other Act of Congress by which
19 federal funds are made available for those such
20 purposes., and
21 (2) (b) Funds received or collected from colleges,
22 universities, nonprofit organizations, or other
23 participants in programs and activities conducted under
24 Section 35-370 46.28.
25 All disbursements from the such Fund shall be made only
26 upon warrants of the State Comptroller drawn upon the State
27 Treasurer as custodian of the fund upon vouchers signed by
28 the Director of Commerce and Community Affairs or by the
29 person or persons designated by the Director him for that
30 such purpose. The Comptroller is authorized to draw the such
31 warrant upon vouchers so signed. The State Treasurer shall
32 accept all warrants so signed and shall be released from
33 liability for all payments made on those warrants thereon.
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1 (Source: P.A. 81-1509.)
2 (20 ILCS 605/35-50 new)
3 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
4 Sec. 35-50. Expenditures for purposes of Build Illinois
5 Act. 46.51. To expend appropriations for the purposes
6 contained in the Build Illinois Act, enacted by the 84th
7 General Assembly.
8 (Source: P.A. 84-109.)
9 (20 ILCS 605/35-55 new)
10 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
11 Sec. 35-55. Contracts and other acts to accomplish
12 Department's duties. 46.21. To make and enter into contracts,
13 including but not limited to making grants and loans to those
14 units of local government and non-profit corporations
15 specified by the General Assembly pursuant to appropriations
16 by the General Assembly from the Build Illinois Bond Fund and
17 the Build Illinois Purposes Fund, and generally to do all
18 such things that as, in its judgment, may be necessary,
19 proper, and expedient in accomplishing its duties.
20 (Source: P.A. 85-288.)
21 (20 ILCS 605/35-65 new)
22 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
23 Sec. 35-65. Grants under Gang Control Grant Act. 46.52.
24 To award grants to community-based groups, as defined in the
25 Gang Control Grant Act "An Act to provide for grants to
26 community groups and to assist local government programs for
27 gang control, amending certain Acts therein named", veto
28 overridden October 31, 1985.
29 (Source: P.A. 84-1308; 84-1400; 84-1438.)
30 (20 ILCS 605/35-75 new)
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1 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
2 Sec. 35-75. 46.53. Keep Illinois Beautiful.
3 (a) There is created the Keep Illinois Beautiful Program
4 Advisory Board consisting of 7 members appointed by the
5 Governor with the advice and consent of the Senate. Of those
6 7, 4 shall be appointed from a list of at least 10 names
7 submitted by the boards of directors from the various
8 certified community programs. Each certified community
9 program may submit only one recommendation to be considered
10 by the Governor. The Lieutenant Governor or his or her
11 designee shall be a member and serve as Chairman, except that
12 (i) when Section 6 of Article V of the Illinois Constitution
13 is operative the officer next in line of succession shall
14 serve as Chairman and (ii) until January 9, 1995, while the
15 office of Lieutenant Governor is otherwise vacant, the powers
16 and duties of the Lieutenant Governor under this Section
17 shall be carried out as provided in Section 67.35 of the
18 Civil Administrative Code of Illinois (renumbered; now
19 Section 25-500 of the Department of Central Management
20 Services Law, 20 ILCS 405/25-500). The Board shall meet at
21 least quarterly at the discretion of the Chairman and at such
22 other times that as the Chairman or any 4 members consider
23 necessary. Four members shall constitute a quorum.
24 (b) The purpose of the Board shall be to assist local
25 governments and community organizations in:
26 (1) Educating the public about the need for
27 recycling and reducing solid waste.;
28 (2) Promoting the establishment of recycling and
29 programs that reduce litter and other solid waste through
30 re-use and diversion.;
31 (3) Developing local markets for recycled
32 products.;
33 (4) Cooperating with other State agencies and with
34 local governments having environmental responsibilities.;
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1 (5) Seeking funding from governmental and
2 non-governmental sources.
3 (c) The Lieutenant Governor shall employ and fix the
4 salary of a statewide coordinator who, to the extent
5 possible, shall assist local governments and community
6 organizations that plan to implement programs set forth in
7 subsection (b). The Board shall establish guidelines for the
8 certification by the Board of local governments and community
9 organizations. The Such guidelines shall be approved by a
10 majority of the members of the Board.
11 The statewide coordinator may encourage local governments
12 and community organizations to apply for certification of
13 programs by the Board. However, the statewide coordinator
14 shall give equal consideration to newly certified programs
15 and older certified programs.
16 The statewide coordinator shall submit proposed programs
17 to the Board. The Board shall approve program proposals by a
18 majority vote of the quorum present. In no event shall the
19 Board veto a program by a vote of fewer than 4 members. A
20 vetoed proposal may be resubmitted to the Board by the
21 statewide coordinator after necessary changes in the proposal
22 have been made.
23 (d) The Keep Illinois Beautiful Fund is created as a
24 special fund in the State treasury. Moneys from any public
25 or private source may be deposited into the Keep Illinois
26 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
27 shall be appropriated only for the purposes of this Section.
28 Pursuant to action by the Board, the Lieutenant Governor may
29 authorize grants from moneys appropriated from the Keep
30 Illinois Beautiful Fund for certified community based
31 programs for up to 50% of the cash needs of the program;
32 provided, that at least 50% of the needs of the program shall
33 be contributed to the program in cash, and not in kind, by
34 local sources.
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1 Moneys appropriated for certified community based
2 programs in municipalities of more than 1,000,000 population
3 shall be itemized separately and may not be disbursed to any
4 other community.
5 (Source: P.A. 88-186; 88-553.)
6 (20 ILCS 605/35-85 new)
7 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
8 Sec. 35-85. Personnel. 46.11. To obtain and employ,
9 pursuant to the provisions of the "Personnel Code", as
10 heretofore or hereafter amended, the such technical,
11 clerical, stenographic, and other administrative personnel
12 that are and make such expenditures within the appropriations
13 therefor as may be necessary to carry out the purposes of the
14 Civil Administrative Code of Illinois and to make
15 expenditures for that purpose within the appropriations for
16 that purpose this Act.
17 (Source: Laws 1965, p. 1958.)
18 (20 ILCS 605/35-95 new)
19 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
20 Sec. 35-95. Rules and regulations. 46.42. The Department
21 has shall have the power to make the such rules and
22 regulations as may be necessary to carry out its duties.
23 (Source: P.A. 81-1509.)
24 (20 ILCS 605/35-100 new)
25 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
26 Sec. 35-100. Transfer from Department of Business and
27 Economic Development. 46.33. To assume the rights, powers,
28 duties, and responsibilities of the former Department of
29 Business and Economic Development. Personnel, books,
30 records, property, and funds pertaining to the said former
31 Department of Business and Economic Development are
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1 transferred to the Department, but any rights of employees or
2 the State under the "Personnel Code" or any other contract or
3 plan shall be unaffected by this transfer hereby.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 605/35-105 new)
6 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
7 Sec. 35-105. Transfer from Department of Local Government
8 Affairs. 46.35.
9 (a) To assume all rights, powers, duties, and
10 responsibilities of the former Department of Local Government
11 Affairs not pertaining to its property taxation related
12 functions. Personnel, books, records, property and funds
13 pertaining to those such non-taxation related functions are
14 transferred to the Department, but any rights of employees or
15 the State under the "Personnel Code" or any other contract or
16 plan shall be unaffected by this transfer hereby.
17 (b) After August 31, 1984 (the effective date of Public
18 this amendatory Act 83-1302) of 1984, the power, formerly
19 vested in the Department of Local Government Affairs, and
20 transferred to the Department of Commerce and Community
21 Affairs, to administer the distribution of funds from the
22 State treasury to reimburse counties, where State penal
23 institutions are located, for the payment of assistant
24 State's Attorneys' salaries under Section 7 of "An act
25 concerning fees and salaries, and to classify the several
26 counties of this state with reference thereto", approved
27 March 29, 1872, as amended (repealed; now Section 4-2001 of
28 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
29 Department of Corrections pursuant to Section 3-2-2 of the
30 Unified Code of Corrections.
31 (Source: P.A. 83-1302.)
32 (20 ILCS 605/35-110 new)
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1 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
2 Sec. 35-110. Transfer from Governor's Office of Manpower
3 and Human Development. 46.34. To assume the rights, powers,
4 duties, and responsibilities of the Governor's Office of
5 Manpower and Human Development. Personnel, books, records,
6 property, and funds pertaining to the Governor's Office of
7 Manpower and Human Development are transferred to the
8 Department, but any rights of employees or the State under
9 the "Personnel Code" or any other contract or plan shall be
10 unaffected by this transfer hereby.
11 (Source: P.A. 81-1509.)
12 (20 ILCS 605/35-115 new)
13 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
14 Sec. 35-115. Transfer from State Housing Board and
15 Department of Business and Economic Development. 46.36. In
16 addition to the duties and powers imposed elsewhere in the
17 Civil Administrative Code of Illinois this Act, the
18 Department has the following powers:
19 (1) To exercise the rights, powers, and duties
20 vested by law in the State Housing Board under the "An
21 Act in relation to Housing Authorities Act.," approved
22 March 19, 1934, as heretofore or hereafter amended;
23 (2) To exercise the rights, powers, and duties
24 vested by law in the State Housing Board under the
25 Housing Cooperation Law. "An Act in relation to aid of
26 housing projects and cooperation with housing authorities
27 and the Federal government by municipal corporations,
28 political subdivisions and other public bodies of this
29 state," filed July 13, 1937, as heretofore or hereafter
30 amended;
31 (3) To exercise the rights, powers, and duties
32 vested by law in the State Housing Board under "An Act to
33 facilitate the Housing Development and Construction Act.
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1 of housing, to provide governmental assistance therefor,
2 and to repeal an Act herein named," approved July 2,
3 1947, as heretofore or hereafter amended;
4 (4) To exercise the rights, powers, and duties
5 vested by law in the State Housing Board under the
6 "Blighted Areas Redevelopment Act of 1947.", approved
7 July 2, 1947, as heretofore or hereafter amended;
8 (5) To exercise the rights, powers, and duties
9 vested by law in the State Housing Board under the
10 "Blighted Vacant Areas Development Act of 1949.," filed
11 August 13, 1949, as heretofore or hereafter amended;
12 (6) To exercise the rights, powers, and duties
13 vested by law in the State Housing Board under the Urban
14 Community Conservation Act. "An Act in relation to the
15 conservation of urban residential areas and the
16 prevention of slums and to define the rights, powers and
17 duties of municipalities in connection therewith,"
18 approved July 13, 1953, as heretofore or hereafter
19 amended;
20 (7) To exercise the rights, powers, and duties
21 vested by law in the State Housing Board under the "Urban
22 Renewal Consolidation Act of 1961.," approved August 15,
23 1961, as heretofore or hereafter amended;
24 (8) To exercise the rights, powers, and duties
25 vested by law in the State Housing Board under the
26 Redevelopment Project Rehousing Act. "An Act in relation
27 to rehousing persons residing in the areas of
28 redevelopment projects undertaken pursuant to the
29 "Blighted Areas Redevelopment Act of 1947" enacted by the
30 Sixty-fifth General Assembly, and to provide for state
31 and municipal contributions therefor," approved July 2,
32 1947, as heretofore or hereafter amended;
33 (9) To exercise the rights, powers, and duties
34 vested by law in the State Housing Board under the State
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1 Housing Act. "An Act in relation to housing," approved
2 July 12, 1933, as heretofore or hereafter amended;
3 (10) To exercise the rights, powers, and duties
4 vested by law in the State Housing Board under the
5 "Illinois Housing Development Act.", approved July 24,
6 1967, as heretofore or hereafter amended;
7 (11) To exercise the rights, powers, and duties
8 which had been vested by law in the Department of
9 Business and Economic Development under Sections 46.7
10 (renumbered; now Section 35-200 of this Law; 20 ILCS
11 605/35-200), 46.8 (repealed), 46.23 (repealed), and 47.1
12 (repealed) of "the Civil Administrative Code of
13 Illinois," approved March 7, 1917, as heretofore or
14 hereafter amended, previous to August 29, 1969.;
15 (12) To exercise the rights, powers, and duties
16 which have been vested by law in the State Housing Board
17 under Section 6b-3 of the "An Act in relation to State
18 Finance Act.," approved June 10, 1919, as heretofore and
19 hereafter amended;
20 (13) The Department shall render assistance and, advice
21 to and take action affecting local governments only upon
22 request of a local government, except as otherwise provided
23 by the powers and duties transferred to the Department by
24 this Section.
25 (Source: P.A. 82-1057.)
26 (20 ILCS 605/35-200 new)
27 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
28 Sec. 35-200. Official State planning agency. 46.7. To act
29 as the official State planning agency, and to accept and use
30 planning grants or other financial assistance from the
31 federal government (1) for statewide comprehensive planning
32 work including research and coordination activity directly
33 related to urban needs; and (2) for State and inter-state
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1 comprehensive planning and research and coordination activity
2 related thereto. All such grants shall be subject to the
3 terms and conditions prescribed by the federal government.
4 (Source: P.A. 76-1158.)
5 (20 ILCS 605/35-205 new)
6 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
7 Sec. 35-205. Planning; coordination with local and
8 regional entities; Urban Planning Assistance Fund. 46.39. The
9 Department shall provide for liaison between the State and
10 regional and local planning agencies and departments; perform
11 such state-wide planning as is provided by law; provide
12 assistance, counsel, and advice to local and regional
13 planning agencies when so requested; and conduct research
14 into local government problems as ordered by the Director. In
15 performing this responsibility the Department shall have the
16 power and duty to do the following:
17 (1) (a) Exercise the rights, powers, and duties provided
18 in paragraph sub-paragraph (11) of Section 35-115. 46.36 of
19 this Act;
20 (2) (b) To Accept and use planning grants or other
21 financial assistance from the federal government, either
22 directly or in receipt from the official State planning
23 agency, in aid, or for the provision of planning assistance
24 (including surveys, land use studies, urban renewal plans,
25 technical services, and other planning work, but excluding
26 plans for specific public works): (i) (1) to municipalities
27 and counties; (ii) (2) to any group of adjacent communities,
28 incorporated or unincorporated, having common or related
29 urban planning problems resulting from rapid urbanization;
30 (iii) (3) to coordinate planning activities directly related
31 to urban needs; (iv) (4) for official governmental planning
32 agencies where rapid urbanization has resulted or is expected
33 to result from the establishment of rapid and substantial
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1 expansion of a federal installation; and (v) (5) to study and
2 offer assistance for rural planning.;
3 (3) (c) To Approve applicants and project plans for
4 loans or grants to local, regional, or area groups,
5 associations, or other agencies that which qualify for
6 assistance under Title 42 U.S.C. United States Code Sections
7 3161, et seq. and any subsequent federal or State legislation
8 whose purpose is to assist economically distressed or
9 depressed areas;, and, for and in behalf of this State, to
10 accept, receive, and receipt for federal monies, for and in
11 behalf of the State, given by the federal government under
12 any federal law to this State for economic redevelopment,
13 assistance, surveys, or programs.;
14 (4) (d) To Cooperate with civic groups and local, State,
15 and federal planning and development agencies.;
16 (5) (e) To Authorize counties, cities, and other local
17 governmental units to enter into agreements, not in conflict
18 with any law of the State of Illinois, with appropriate
19 governmental units of an adjoining state or states for
20 cooperative efforts and mutual assistance in the
21 comprehensive planning for the physical growth and
22 development of metropolitan or other urban areas, provided
23 that such cooperation has been authorized by the adjoining
24 state or states.;
25 (6) (f) To Provide that in an orderly manner that the
26 following funds collected and received by the Department
27 shall be paid over to the State Treasurer for deposit in a
28 separate fund hereinafter provided for in this Section: (i)
29 (a) funds received or collected from municipalities and
30 counties and from any groups of adjacent communities pursuant
31 to this Section and (ii) (b) funds received or collected from
32 the federal government to defray the cost for planning of
33 those such projects pursuant to the "Federal Housing Act of
34 1954", as amended, or under any other Act of Congress by
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1 which federal funds may be made available for those such
2 purposes. Any such funds so collected or received shall be
3 paid or turned over to and shall be held by the State
4 Treasurer as ex officio custodian thereof, separate and apart
5 from all public monies and funds of this State, and shall be
6 known as the "Urban Planning Assistance Fund, which shall" to
7 be administered by the Department. All disbursements from the
8 such Fund shall be made only upon warrants of the State
9 Comptroller drawn upon the State Treasurer as custodian of
10 the fund upon vouchers signed by the Director of Commerce and
11 Community Affairs or by the person or persons designated by
12 the Director him for that such purpose. The Comptroller is
13 authorized to draw the such warrant upon vouchers so signed.
14 The State Treasurer shall accept all warrants so signed and
15 shall be released from liability for all payments made on
16 those warrants thereon.
17 (7) (g) To Provide coordination between state-wide plans
18 and plans of municipalities, counties, and regional planning
19 agencies.;
20 (8) (h) To Collect, organize, and disseminate
21 information on all matters pertaining to local government.;
22 (9) (i) To Make studies concerning local government
23 boundary problems; provide advice and assistance to local
24 governments on boundary questions; and perform such other
25 services related to local government boundary questions that
26 as the Director orders. shall order;
27 (10) (j) To Cooperate with the Governor, other State
28 departments and agencies, and local planning agencies in the
29 preparation of state-wide plans relating to housing,
30 redevelopment, urban renewal, rural development, and such
31 other matters that as the Director orders. shall order;
32 (11) (k) To Do any and all things necessary to make the
33 Civil Administrative Code of Illinois this Act effective.
34 (Source: P.A. 83-333.)
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1 (20 ILCS 605/35-210 new)
2 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
3 Sec. 35-210. Cooperation with civic groups and planning
4 and development agencies. 46.9. To cooperate with civic
5 groups and local, State, and federal planning and development
6 agencies.
7 (Source: Laws 1965, p. 1958.)
8 (20 ILCS 605/35-300 new)
9 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
10 Sec. 35-300. Economic development plans. 46.2 To
11 formulate plans for the economic development of the State of
12 Illinois.
13 (Source: Laws 1965, p. 1958.)
14 (20 ILCS 605/35-305 new)
15 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
16 Sec. 35-305. Economic development strategy. 46.44. By no
17 later than February 1, 1984, the Department shall prepare an
18 economic development strategy for Illinois for the year
19 beginning on July 1, 1984 and ending on June 30, 1985, and
20 for the 4 four years next ensuing. By no later than February
21 1, 1985 and annually thereafter, the Department shall make
22 modifications to the in such economic development strategy
23 for the 4 four years beginning on the next ensuing July 1 as
24 those such modifications are warranted by changes in economic
25 conditions, or by other factors, including changes in policy,
26 and shall prepare an economic development strategy for the
27 fifth year beginning after the next ensuing July 1.
28 In preparing the such strategy and in making
29 modifications to the such strategy, the Department shall take
30 cognizance of the special economic attributes of the various
31 component areas of the State. (1) The "component areas"
32 shall be determined by the Department after a county by
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1 county economic analysis and shall group counties that which
2 are close in geographical proximity and share common economic
3 traits.
4 (2) The strategy shall recommend specific legislative
5 and administrative action at both the State and area levels
6 level for promoting sustained economic growth at or above
7 national rates of economic growth, while keeping the rate of
8 unemployment below national levels of unemployment.
9 (3) The strategy shall include all of the following:
10 (1) (a) An assessment of historical patterns of
11 economic activity for the State as a whole and by area.;
12 (2) (b) Projections of future economic trends for
13 the State as a whole and by areas.; and
14 (3) (c) Projections of the State's future
15 educational needs.
16 (4) National economic trends and projections shall be
17 considered in the formulation of the such State and area
18 projections. All assumptions made in the formulation of the
19 such State and area projections shall be clearly and
20 explicitly set forth.
21 (5) The strategy shall identify, for each area those
22 economic characteristics that most likely will influence
23 whether the area will exceed or fall below the rate of
24 overall State economic growth.
25 (6) The strategy shall recommend legislative action to
26 be taken to foster and promote economic growth in specific
27 areas, taking into account the resources and economic factors
28 indigenous to those such areas.
29 In preparing the strategy or modifications to the
30 strategy thereto, the Department shall consult with State
31 agencies, boards, and commissions whose programs and
32 activities significantly affect economic activity in the
33 State. The heads of those such agencies, boards, and
34 commissions shall provide the such assistance to the
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1 Department that as the Governor deems appropriate.
2 (7) The strategy shall be presented to the Governor, the
3 President of the Senate, the Speaker of the House of
4 Representatives, the minority leader of each house of the
5 General Assembly, the chairman of the Commission on
6 Intergovernmental Cooperation, the chairman of the Economic
7 and Fiscal Commission, and the chairman of the Economic
8 Development Commission on February 1, 1984 and annually
9 thereafter.
10 (Source: P.A. 85-439.)
11 (20 ILCS 605/35-310 new)
12 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
13 Sec. 35-310. Collecting and assembling information. 46.3.
14 To collect and assemble, or cause to have collected and
15 assembled, information regarding the following: industrial
16 opportunities and possibilities of the State, including raw
17 materials, and products that may be produced therefrom; power
18 and water resources;, transportation facilities; available
19 markets; availability of labor; banking and financial
20 facilities; availability of industrial sites; the advantages
21 of the State as a whole, and particular sections of the State
22 thereof as industrial, recreational, and tourist locations;
23 and provide information on the technologies available for
24 businesses to burn Illinois coal and the feasibility of such
25 systems; and such other matters as the Department may deem
26 desirable. To collect and assemble, or cause to have
27 collected and assembled, and provide information on the
28 technologies available for businesses to burn Illinois coal
29 and the feasibility of those systems.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 605/35-315 new)
32 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
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1 Sec. 35-315. Information regarding economic growth.
2 46.17. To collect, assemble, and analyze statistics, data,
3 and information regarding the growth and the strengthening of
4 the economy of this State and all of its elements.
5 (Source: Laws 1965, p. 1958.)
6 (20 ILCS 605/35-320 new)
7 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
8 Sec. 35-320. Encouragement of existing industries. 46.5
9 To encourage the growth and expansion of industries now
10 existing within the State by providing comprehensive business
11 services and promoting interdepartmental cooperation for
12 assistance to industries.
13 (Source: Laws 1965, p. 1958.)
14 (20 ILCS 605/35-325 new)
15 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
16 Sec. 35-325. 46.19i. Services network funding program.
17 The Department is authorized to promulgate rules and make
18 grants, subject to appropriation by the General Assembly for
19 this purpose, to colleges, universities, trade associations,
20 non-profit organizations, or consortia of for-profit
21 businesses for research, development, promotion,
22 implementation, or improvement related to or in support of
23 manufacturer or producer services networks or group delivered
24 services and activities. Grants to eligible applicants shall
25 not exceed $100,000. The award shall not exceed 75% of the
26 entire amount of the actual expenditures for the cooperative
27 networks or group delivered services or activity unless that
28 limit is waived by the Director.
29 (Source: P.A. 87-1177.)
30 (20 ILCS 605/35-330 new)
31 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
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1 Sec. 35-330. Encouragement of new industries; use of
2 Illinois coal. 46.4. To encourage new industrial enterprises
3 to locate in Illinois, by educational promotions pointing out
4 the opportunities of the State as a commercial and industrial
5 field of opportunity, and by solicitation of industrial
6 enterprises, and to encourage new enterprises to use
7 equipment that utilizes Illinois coal.
8 (Source: P.A. 84-741.)
9 (20 ILCS 605/35-335 new)
10 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
11 Sec. 35-335. Incentives to foreign firms. 46.4a.
12 (a) For purposes of this Section:,
13 "Foreign firm" means shall mean any industrial or
14 manufacturing enterprise that is domiciled in a nation other
15 than the United States.
16 "Incentives" means shall mean a loan or grant or
17 offering, abatement, reduction, or deferral of any tax or
18 regulation imposed by the State of Illinois or a unit of
19 local government when the aggregate total of all those such
20 incentives will exceed $10,000.
21 (b) Whenever the Department offers incentives to a
22 foreign firm designed to result in the location or relocation
23 of a facility in this State that which will result in the
24 creation of more than 25 new jobs, the Department shall
25 prepare an economic impact study prior to the consummation of
26 an agreement with the foreign firm. An economic impact study
27 pursuant to this Section shall, if practical, include but
28 not be limited to the following:
29 (1) An analysis of the number of direct jobs to be
30 created, the number of indirect jobs to be created, and
31 the net gain in employment in relation to jobs to be
32 potentially lost by other similar and competing firms
33 within the industry located within this State.;
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1 (2) The effect on local and regional competition
2 within the industry from the industry or business to be
3 located or relocated.;
4 (3) The degree of economic benefits of awarding the
5 same incentives to similar and existing industries or
6 businesses located within the State.;
7 (4) An examination of how the location or
8 relocation of the foreign firm complements existing
9 industries or businesses located within this State.; and
10 (5) The relationship of the fiscal costs to the
11 State or unit of local government resulting from the
12 incentives relative to the fiscal return to the State or
13 units of local government derived from the location or
14 relocation of the firm.
15 (c) A report of any economic impact studies prepared by
16 the Department in the previous 3 months pursuant to this
17 Section shall be transmitted to the Governor, members of the
18 General Assembly, and the Illinois Economic and Fiscal
19 Commission quarterly. In addition to the report, the
20 Department shall include a statement of incentives subject to
21 the agreement with the foreign firm, the name and type of
22 foreign firm involved and a description of its business or
23 industrial activity, the proposed location of the foreign
24 firm, and a statement describing the rationale for the
25 location relative to other locations within the State. The
26 Illinois Economic and Fiscal Commission shall evaluate each
27 report received from the Department and present the
28 evaluation and report to the Commission members and
29 legislative leaders within 30 thirty days upon receipt of
30 each report from the Department.
31 (Source: P.A. 86-820.)
32 (20 ILCS 605/35-340 new)
33 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
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1 Sec. 35-340. Expenses of moving machinery or equipment.
2 46.54. The Department shall annually include in the existing
3 Community Development Assistance set-aside program, monies
4 for moving expenses as an allowable activity. The Such grants
5 for moving expenses shall be for costs associated with the
6 relocation of manufacturing machinery or equipment from
7 another state or territory into Illinois or from one location
8 in Illinois to another location in Illinois. No grant shall
9 be made until the machinery or equipment has been relocated
10 and installed. Grants shall be limited to the those
11 machinery or equipment actually transported and installed.
12 No single grant shall exceed $100,000.
13 (Source: P.A. 84-1308.)
14 (20 ILCS 605/35-345 new)
15 (was 20 ILCS 605/46.67)
16 Sec. 35-345. 46.67. Pollution control industry
17 incentives. The Department of Commerce and Community Affairs
18 shall examine policies and incentives that will attract
19 industries involved in the design, development, and
20 construction of pollution control devices and shall implement
21 those policies and incentives that the Department determines
22 will attract those businesses.
23 (Source: P.A. 88-339; 88-670, eff. 12-2-94.)
24 (20 ILCS 605/35-350 new)
25 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
26 Sec. 35-350. Science and research facilities. 46.12. To
27 encourage the locating in Illinois of scientific and research
28 development laboratories, industrial parks, and facilities
29 and to cooperate with colleges, universities, non-profit
30 professional societies, and governmental agencies to
31 encourage the development and maximum utilization of science
32 and research facilities.
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1 (Source: Laws 1965, p. 1958.)
2 (20 ILCS 605/35-355 new)
3 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
4 46.19a)
5 Sec. 35-355. Grants for research and development in high
6 technology and service sectors.
7 (a) (2) The Department is authorized to establish a
8 program of grants to universities, community colleges,
9 research institutions, research consortiums, other
10 not-for-profit entities, and Illinois businesses for the
11 purpose of fostering research and development in the high
12 technology and the service sector leading to the development
13 of new products and services that can be marketed by Illinois
14 businesses. All grant awards shall include a contract that
15 which may provide for payment of negotiated royalties to the
16 Department if the product or service to be developed by the
17 grantee is subsequently licensed for production.
18 (b) (a) Grants may be awarded to universities and
19 research institutions to assist them in making their
20 faculties and facilities available to Illinois businesses.
21 The Such grants may be used by a university or research
22 institution for purposes, including but not limited to the
23 following purposes: (i) to establish or enhance computerized
24 cataloging of all research labs and university staff and make
25 those such catalogues available to Illinois businesses; (ii)
26 to market products developed by the university to Illinois
27 businesses; (iii) to review publications in order to
28 identify, catalog, and inform Illinois businesses of new
29 practices in areas such as robotics and, biotechnology; (iv)
30 to build an on-line, information and technology system that
31 relies on other computerized networks in the United States;
32 and (v) to assist in securing temporary replacement for
33 faculty who are granted a leave of absence from their
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1 teaching duties for the purpose of working full-time for an
2 Illinois business to assist that business with technology
3 transfer.
4 (c) (b) Grants may be awarded to universities and
5 research institutions, research consortiums, and other
6 not-for-profit entities for the purpose of identifying and
7 supporting Illinois businesses engaged in high technology and
8 service sector enterprises. The Such Illinois businesses
9 identified and funded shall include recipients of Small
10 Business Innovation Research Program funds under subsections
11 (e) through (k) of Section 9 of the Small Business Act. (15
12 U.S.C. 638, subsections (e) through (k) Title 15 United
13 States Codes, subsections 638(e)-638(k)). Entities receiving
14 grants under this subsection (c) paragraph (b) shall be known
15 as commercialization centers and shall engage in one or more
16 of the following activities:
17 (1) (i) Directing research assistance for new
18 venture creations.;
19 (2) (ii) General feasibility studies of new venture
20 ideas.;
21 (3) (iii) Furthering the technical and intellectual
22 skills of the managers and owners of Illinois small
23 businesses.;
24 (4) (iv) Commercialization of technology and
25 research.;
26 (5) (v) Development of prototypes and testing new
27 products.;
28 (6) (vi) Identifying identify and assisting assist
29 in securing financing.;
30 (7) (vii) Marketing assistance.; and
31 (8) (viii) Assisting Illinois inventors in finding
32 Illinois manufacturers to produce and market their
33 inventions.
34 A commercialization center may charge a nominal fee or
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1 accept royalty agreements for conducting feasibility studies
2 and other services.
3 (d) (c) Grants may be awarded by the Department to
4 Illinois businesses to fund research and consultation
5 arrangements between businesses and universities, community
6 colleges, research institutions, research consortiums, and
7 other not-for-profit entities within this State.
8 The Department shall give priority to Illinois small
9 businesses in awarding grants. Each grant awarded under this
10 subsection (d) paragraph (c) shall provide funding for up to
11 50% of the cost of the research or consultation arrangements,
12 not to exceed $100,000; provided that the grant recipient
13 utilizes Illinois not for profit research and academic
14 institutions to perform the research and development function
15 for which grant funds were requested.
16 (e) (d) Grants may be awarded to research consortiums
17 consortium and other qualified applicants, in conjunction
18 with private sector or federal funding, for other creative
19 systems that bridge university resources and business,
20 technological, production, and development concerns.
21 (f) (e) For the purposes of this Section: subsection
22 (2), (i) "Illinois business" means a "small business concern"
23 as defined in Title 15 United States Code, Section 632, which
24 primarily conducts its business in Illinois;
25 (ii) "High technology" means any area of research or
26 development designed to foster greater knowledge or
27 understanding in fields such as computer science,
28 electronics, physics, chemistry, or biology for the purpose
29 of producing designing, developing, or improving prototypes
30 and new processes.;
31 "Illinois business" means a "small business concern" as
32 defined in 15 U.S.C. 632 that conducts its business
33 primarily in Illinois.
34 "Illinois research institutions" refers to not-for-profit
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1 entities, which include federally funded research
2 laboratories, that conduct research and development
3 activities for the purpose of producing, designing,
4 developing, or improving prototypes and new processes.
5 "Other not-for-profit entities" means nonprofit
6 organizations based in Illinois that are primarily devoted
7 to new enterprise or product development.
8 (iii) "Private sector" has shall have the meaning
9 ascribed to it in Title 29 U.S.C. United States Code, Section
10 1503.;
11 (iv) "University" means either a degree granting
12 institution located in Illinois as defined in Section 2 of
13 the Academic Degree Act, or a State-supported institution of
14 higher learning administered by the Board of Trustees of the
15 University of Illinois, the Board of Trustees of Southern
16 Illinois University, the Board of Trustees of Chicago State
17 University, the Board of Trustees of Eastern Illinois
18 University, the Board of Trustees of Governors State
19 University, the Board of Trustees of Illinois State
20 University, the Board of Trustees of Northeastern Illinois
21 University, the Board of Trustees of Northern Illinois
22 University, the Board of Trustees of Western Illinois
23 University, or the Illinois Community College Board.;
24 (v) "Venture" means any Illinois business engaged in
25 research and development to create new products or services
26 with high growth potential.; (vi) Illinois research
27 institutions refers to not-for-profit entities, which include
28 federally-funded research laboratories, that conduct research
29 and development activities for the purpose of producing,
30 designing, developing, or improving prototypes and new
31 processes; and (vii) other not-for-profit entities means
32 non-profit organizations based in Illinois that are primarily
33 devoted to new enterprise or product development.
34 (g) (f) The Department may establish a program of grant
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1 assistance on a matching basis to universities, community
2 colleges, small business development centers, community
3 action agencies and other not-for-profit economic development
4 agencies to encourage new enterprise development and new
5 business formation and to encourage enterprises in this
6 State. The Department may provide grants, which shall be
7 exempt from the provisions of subsection (3) of this Section
8 35-360, to universities, community colleges, small business
9 development centers, community action agencies, and other
10 not-for-profit economic development entities for the purpose
11 of making loans to small businesses. All grant applications
12 shall contain information as required by the Department,
13 including the following: a program operation plan; a
14 certification and assurance that the small business
15 applicants have received business development training or
16 education, have a business and finance plan, and have
17 experience in the proposed business area; and a description
18 of the support services that which the grant recipient will
19 provide to the small business. No more than 10% of the grant
20 may be used by the grant recipient for administrative costs
21 associated with the grant. Grant recipients may use grant
22 funds under this program to make loans on terms and
23 conditions favorable to the small business and shall give
24 priority to those businesses located in high poverty areas,
25 enterprise zones, or both.
26 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
27 eff. 8-16-97.)
28 (20 ILCS 605/35-360 new)
29 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
30 46.19a)
31 Sec. 35-360. Technology Innovation and Commercialization
32 Grants-In-Aid Council. (3) There is created within the
33 Department, a Technology Innovation and Commercialization
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1 Grants-in-Aid Council, which shall consist of 2
2 representatives of the Department of Commerce and Community
3 Affairs, appointed by the Department; one representative of
4 the Illinois Board of Higher Education, appointed by the
5 Board; one representative of science or engineering,
6 appointed by the Governor; two representatives of business,
7 appointed by the Governor; one representative of small
8 business, appointed by the Governor; one representative of
9 the Department of Agriculture, appointed by the Director of
10 Agriculture; and one representative of agribusiness,
11 appointed by the Director of Agriculture. The Director of
12 Commerce and Community Affairs shall appoint one of the
13 Department's representatives to serve as chairman of the
14 Council. The Council members shall receive no compensation
15 for their services but shall be reimbursed for their expenses
16 actually incurred by them in the performance of their duties
17 under this Section subsection. The Department shall provide
18 staff services to the Council. The Council shall provide for
19 review and evaluation of all applications received by the
20 Department under subsection (2) of this Section 35-355 and
21 make recommendations on those projects to be funded. The
22 Council shall also assist the Department in monitoring the
23 projects and in evaluating the impact of the program on
24 technological innovation and business development within the
25 State.
26 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
27 eff. 8-16-97.)
28 (20 ILCS 605/35-365 new)
29 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
30 46.19a)
31 Sec. 35-365. Technology Innovation and Commercialization
32 Fund. (4) There is hereby created a special fund in the
33 State treasury to be known as the Technology Innovation and
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1 Commercialization Fund. The moneys in the such Fund may be
2 used, subject to appropriation, only for making grants
3 pursuant to subsection (2) of this Section 35-355 and for the
4 purposes of the Technology Advancement and Development Act.
5 All royalties received by the Department shall be deposited
6 into the in such Fund.
7 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
8 eff. 8-16-97.)
9 (20 ILCS 605/35-370 new)
10 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
11 Sec. 35-370. Application of science and technology.
12 46.28. To accept and use planning grants or other financial
13 assistance from the federal government and from other sources
14 set forth in Section 35-40 47.2 for support of planning
15 studies and activities, performance of administrative
16 functions, and technical services carried out under the State
17 Technical Services Act of 1965, Public Law 89-182, as now and
18 hereafter amended, and any subsequent legislation whose
19 purpose is to achieve a wider diffusion and more effective
20 application of science and technology in business, commerce,
21 and industry. To cooperate with colleges, universities,
22 non-profit organizations and associations, and governmental
23 agencies and to sponsor programs and activities designed to
24 encourage wider diffusion and more effective application of
25 science and technology in business, commerce, and industry.
26 (Source: Laws 1968, p. 447.)
27 (20 ILCS 605/35-375 new)
28 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
29 Sec. 35-375. Undeveloped patents. 46.58. To assist in the
30 transfer of undeveloped patents held by institutions of
31 higher education in this State to Illinois technology and
32 business incubators for commercial development and
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1 application.
2 (Source: P.A. 85-1209.)
3 (20 ILCS 605/35-380 new)
4 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
5 Sec. 35-380. Identifying, developing, and commercializing
6 technology. 46.60. To cooperate with the Illinois Coalition
7 for the purpose of administering programs the purpose of
8 which is to identify, develop, or commercialize technology or
9 to promote private sector efforts to identify, develop, or
10 commercialize technology.
11 (Source: P.A. 86-618.)
12 (20 ILCS 605/35-385 new)
13 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
14 Sec. 35-385. Technology Challenge Grant Program; Advanced
15 Technology Investment Program. 46.62. To establish and
16 administer a Technology Challenge Grant Program and an
17 Advanced Technology Investment Program as provided by the
18 Technology Advancement and Development Act and to expend
19 appropriations in accordance therewith.
20 (Source: P.A. 86-870; 86-1028.)
21 (20 ILCS 605/35-400 new)
22 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
23 Sec. 35-400. Office of Urban Assistance. 46.19c. The
24 Department shall provide for, staff, and administer an Office
25 of Urban Assistance, which shall plan and coordinate existing
26 State programs designed to aid and stimulate the economic
27 growth of depressed urban areas. Among other duties assigned
28 by the Department, the Office shall have the following
29 duties:
30 (1) (a) To coordinate the activities of the
31 following units and programs of the Department of
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1 Commerce and Community Affairs and all other present and
2 future units and programs of the Department that which
3 impact depressed urban areas to the extent that they
4 impact upon or concern urban economics:
5 (A) (1) Enterprise Zone Program.;
6 (B) (2) Small Business Development Center Program.;
7 (C) Programs that (3) Program which assist in the
8 development of community infrastructure.;
9 (D) (4) Illinois House Energy Assistance Program.;
10 (E) (5) Illinois Home Weatherization Assistance
11 Program.;
12 (F) (6) Programs financed with Community Services
13 Block Grant funds.;
14 (G) (7) Industrial Training Program.;
15 (H) (8) Technology Transfer and Innovation
16 Program.;
17 (I) (9) Rental Rehabilitation Program.;
18 (J) (10) Displaced Homemaker Program.; and
19 (K) (11) Programs under the federal Job Training
20 Partnership Act.
21 The Office shall convene quarterly meetings of
22 representatives who are designated by the Department to
23 represent the units and programs listed in items (A)
24 paragraphs (1) through (K) (11).
25 (2) (b) To gather information concerning any State or
26 federal program that which is designed to revitalize or
27 assist depressed urban areas in the State and to provide this
28 information to public and private entities upon request.
29 (3) (c) To promote and assist in developing urban inner
30 city industrial parks.
31 (4) (d) To promote economic parity and the autonomy of
32 citizens of this State through promoting and assisting the
33 development of urban inner city small business development
34 centers, urban youth unemployment projects, small business
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1 incubators, family resource centers, urban developments
2 banks,; self managed urban businesses, and plans for urban
3 infrastructure projects over the next 25 years.
4 (5) (e) To recommend to the General Assembly and the
5 Governor economic policies for urban areas and planning
6 models that will result in the reconstruction of the economy
7 of urban areas, especially those urban areas where
8 economically and socially disadvantaged people live, to the
9 General Assembly and the Governor.
10 (6) (f) To make recommendations to the General Assembly
11 and the Governor on the establishment of urban economic
12 policy in the areas of (i) (1) housing, (ii) (2) scientific
13 research, (iii) (3) urban youth unemployment, (iv) (4)
14 business incubators and family resource centers in urban
15 inner cities, and (v) (5) alternative energy resource
16 development, and the need thereof, in urban areas as part of
17 the department's 5-year five year plan for economic
18 development.
19 (7) (g) To make any rules and regulations necessary to
20 carry out its responsibilities under the Civil Administrative
21 Code of Illinois this Act.
22 (8) (h) To encourage new industrial enterprises to
23 locate in urban areas (i) through educational promotions that
24 which point out the opportunities of any such area as a
25 commercial and industrial field of opportunity, and (ii) by
26 the solicitation of industrial enterprises; and to do such
27 other acts that as shall, in the judgment of the Office, are
28 be necessary and proper in fostering and promoting the
29 industrial development and economic welfare of any urban
30 area., however The Office, however, shall have no power to
31 require reports from or to regulate any business.
32 (9) (i) To accept grants, loans, or appropriations from
33 the federal government or the State, or any agency or
34 instrumentality thereof, to be used for the operating
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1 expenses of the Office, or for any purposes of the Office,
2 including the making of direct loans or grants of those such
3 funds for public, private, experimental, or cooperative
4 housing, scientific research, urban inner city industrial
5 parks, urban youth employment projects, business incubators,
6 urban infrastructure development, alternative energy resource
7 development, community facilities needed in urban areas, and
8 any other purpose related to the revitalization of urban
9 areas.
10 (Source: P.A. 84-1090.)
11 (20 ILCS 605/35-405 new)
12 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
13 Sec. 35-405. Jobs and investment in economic development
14 project area. 46.5a. To encourage the creation or retention
15 of not less than 2,000 full-time equivalent jobs and that
16 private investment in the amount of not less than
17 $100,000,000 shall occur in an economic development project
18 area as defined in the Economic Development Area Tax
19 Increment Allocation Act: by securing by acquisition, gift,
20 grant, exchange, or purchase the rights of way, easements,
21 and such fee simple titles that as may be necessary to any
22 and all real property required for site acquisition for use
23 in retaining such industry or business concern; by improving
24 or arranging to improve real property so acquired, including
25 but not limited to local public infrastructure improvements;
26 private structural improvements on the land; and by leasing
27 or conveying the such land, or interest in land, so acquired
28 and so improved.
29 For the purpose of this Section, "local public
30 infrastructure improvements" means local roads and streets,
31 access roads, bridges, and sidewalks; waste disposal systems,
32 water and sewer line extensions, water distribution and
33 purification facilities, and sewage treatment facilities;
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1 rail or air or water port improvements; gas and electric
2 utility facilities; transit capital facilities; development
3 and improvement of publicly owned industrial and commercial
4 sites; or other public capital improvements that which are an
5 essential precondition to a business retention of that
6 industry or business concern as defined in this Section.
7 (Source: P.A. 86-38.)
8 (20 ILCS 605/35-410 new)
9 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
10 Sec. 35-410. Rural community development. 46.19d. The
11 Department shall provide for staff for and administer a
12 program in which the Department shall plan and coordinate
13 State efforts designed to aid and stimulate the development
14 of rural communities as well as other communities with
15 special needs in order to improve their competitiveness for
16 business retention, expansion, and attraction. Among other
17 duties, the Department, through the program, may do all of
18 the following:
19 (1) (a) Provide information, technical support, and
20 assistance to local officials, including, but not limited to,
21 assistance in grant applications, developing economic
22 development strategies, and complying with State and federal
23 laws and rules and regulations affecting local governments.
24 All State agencies shall cooperate with the program to
25 provide the necessary information, materials, and assistance
26 to enable the Department to carry out its function in the
27 program in an effective manner. Each agency shall designate
28 an individual to serve as liaison to the program to provide
29 information and materials and to respond to requests for
30 assistance from communities selecting to work through this
31 program.
32 (2) (b) Work with agencies in developing flexible
33 regulations through a regulatory review program.
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1 (3) (c) Evaluate and review the impact of existing
2 economic development programs on the rural and special need
3 communities selecting to work through this program.
4 (4) (d) Assist the communities in conducting
5 self-assessments to identify specific industries and
6 businesses in need of targeted assistance as well as actions
7 that the community might take to become more competitive for
8 business retention, expansion, and attraction.
9 (5) (e) Assist in formulating specific and measurable
10 economic development objectives for rural and special need
11 communities selecting to work through the program.
12 (6) (f) Administer the Rural Diversification Act.
13 (7) (g) Provide grants for the purposes described in
14 this Section with funds as appropriated by the General
15 Assembly.
16 (Source: P.A. 89-262, eff. 8-10-95.)
17 (20 ILCS 605/35-415 new)
18 (was 20 ILCS 605/46.19j)
19 Sec. 35-415. 46.19j. Job Training and Economic
20 Development Demonstration Grant Program.
21 (a) Legislative findings. The General Assembly finds
22 that:
23 (1) Despite the large number of unemployed job
24 seekers, many employers are having difficulty matching
25 the skills they require with the skills of workers; a
26 similar problem exists in industries where overall
27 employment may not be expanding but there is an acute
28 need for skilled workers in particular occupations.;
29 (2) The State of Illinois should foster local
30 economic development by linking the job training of
31 unemployed disadvantaged citizens with the workforce
32 needs of local business and industry.; and
33 (3) Employers often need assistance in developing
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1 training resources that will provide work opportunities
2 for disadvantaged populations.
3 (b) Definitions. As used in this Section Act:
4 "Community based provider" means a not-for-profit
5 organization, with local boards of directors, that directly
6 provides job training services.
7 "Disadvantaged persons" has the same meaning as the term
8 is defined in Title II-A of the federal Job Training
9 Partnership Act.
10 "Training partners" means a community-based provider and
11 one or more employers who have established training and
12 placement linkages.
13 (c) From funds appropriated for that purpose, the
14 Department of Commerce and Community Affairs shall administer
15 a Job Training and Economic Development Demonstration Grant
16 Program. The Director shall make not less than 12 and not
17 more than 20 demonstration project grants to community-based
18 providers. The grants shall be made to support the
19 following:
20 (1) Partnerships between community-based providers
21 and employers for the customized training of existing
22 low-skilled, low-wage employees and newly hired
23 disadvantaged persons.; and
24 (2) Partnerships between community-based providers
25 and employers to develop training programs that would
26 link the work force needs of local industry with the job
27 training of unemployed disadvantaged persons.
28 (d) For projects created under paragraph (1) of
29 subsection (c) (b):
30 (1) The Department shall give a priority to
31 projects that include an in-kind match by an employer in
32 partnership with a community-based provider and projects
33 that use instructional materials and training instructors
34 directly used in the specific industry sector of the
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1 partnership employer.; and
2 (2) The partnership employer must be an active
3 participant in the curriculum development, employ under
4 250 workers, and train primarily disadvantaged
5 populations.
6 (e) For projects created under paragraph (2) of
7 subsection (c) (b):
8 (1) Community based organizations shall assess the
9 employment barriers and needs of local residents and work
10 in partnership with local economic development
11 organizations to identify the priority workforce needs of
12 the local industry.;
13 (2) Training partners, (that is, community-based
14 organizations and employers), shall work together to
15 design programs with maximum benefits to local
16 disadvantaged persons and local employers.;
17 (3) Employers must be involved in identifying
18 specific skill-training needs, planning curriculum,
19 assisting in training activities, providing job
20 opportunities, and coordinating job retention for people
21 hired after training through this program and follow-up
22 support.; and
23 (4) The community-based organizations shall serve
24 disadvantaged persons, including welfare recipients.
25 (f) The Department shall adopt rules for the grant
26 program and shall create a competitive application procedure
27 for those grants to be awarded beginning in fiscal year 1998.
28 (Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)
29 (20 ILCS 605/35-450 new)
30 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
31 Sec. 35-450. 46.19g. Community economic emergencies.
32 (a) Upon the recommendation of the Director of Commerce
33 and Community Affairs, the Governor may find that an economic
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1 emergency exists in a designated Illinois community. The
2 finding shall be based on one or more of the following
3 conditions:
4 (1) There has been a relocation or closing of
5 operations of a major private employer in the community.;
6 (2) There has been a closing or relocation of a
7 major public employer in the community.;
8 (3) A natural disaster has resulted in substantial
9 damage to the local economy.;
10 (4) The community or a portion of it has been
11 declared a disaster area by the federal government.; or
12 (5) A decision by the federal or State government,
13 or by a foreign government, has done substantial damage
14 to the local economy.
15 (b) Upon a finding by the Governor that an economic
16 emergency exists in a designated Illinois community, the
17 Governor shall convene an Economic Emergency Council. The
18 Council shall consist of 11 members as follows: the Director
19 of Commerce and Community Affairs, ex officio, the Director
20 of the Illinois Development Finance Authority, ex officio,
21 the Director of the Illinois Housing Development Authority,
22 ex officio, and 8 members representing the designated
23 community appointed by the Governor with the advice and
24 consent of the Senate. Of the 8 members appointed by the
25 Governor, 4 shall be representatives of business and finance,
26 2 shall be representatives of labor, and 2 shall be
27 representatives of education. Each member of the General
28 Assembly whose legislative district or representative
29 district lies in whole or in part within the designated
30 community shall also be a member of the Council, ex officio.
31 Members of a Council shall serve without compensation, but
32 may be reimbursed for their reasonable and necessary expenses
33 incurred in the performance of their duties.
34 (c) An Economic Emergency Council shall develop a plan
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1 to address the designated community's economic needs and
2 shall recommend that plan to the Governor and to the General
3 Assembly for further resolution and appropriation. The plan
4 may include extending enterprise zone tax incentives, making
5 economic development business loans and grants, making
6 infrastructure rehabilitation loans and grants, extending job
7 training and retraining assistance, extending tax increment
8 financing, and other appropriate economic programs or
9 incentives.
10 (d) The Illinois Economic Emergency Assistance Fund is
11 created as a special fund in the State treasury for the
12 purpose of channeling moneys to designated communities upon
13 further resolution and appropriation by the General
14 Assembly. In addition to amounts that may be appropriated to
15 the fund, gifts or grants from any legal source may be
16 deposited into the fund. Any fees or other charges collected
17 by the Department in connection with programs under this
18 Section shall also be deposited into the fund.
19 (Source: P.A. 86-455.)
20 (20 ILCS 605/35-490 new)
21 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
22 Sec. 35-490. Recommending legislation. 46.10. To
23 recommend legislation relating to the economic development of
24 the State.
25 (Source: Laws 1965, p. 1958.)
26 (20 ILCS 605/35-495 new)
27 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
28 Sec. 35-495. Other acts to foster and promote industrial
29 development and economic welfare. 46.19. To do such other
30 acts that as shall, in the judgment of the Department, are be
31 necessary and proper in fostering and promoting the
32 industrial development and economic welfare of the State. The
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1 Department, however, shall have no power to require reports
2 from or to regulate any business.
3 (Source: Laws 1965, p. 1958.)
4 (20 ILCS 605/35-500 new)
5 (was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13)
6 Sec. 35-500. Business Assistance Office. 46.13. To create
7 a Business Assistance Office to do the following:
8 (1) (a) Provide information to new and existing
9 businesses for all State government forms and applications
10 and make this information readily available through a
11 business permit center. The Office shall not assume any
12 regulatory function. All State agencies shall cooperate with
13 the business permit center to provide the necessary
14 information, materials, and assistance to enable the center
15 to carry out its function in an effective manner. Each
16 agency shall designate an individual to serve as liaison to
17 the center to provide information and materials and to
18 respond to requests for assistance from businesses.
19 (2) (b) Provide technical and managerial assistance to
20 entrepreneurs and small businesses by (i) (1) contracting
21 with local development organizations, chambers of commerce,
22 and industry or trade associations with technical and
23 managerial expertise located in the State, whenever possible,
24 and (ii) (2) establishing a network of small business
25 development centers throughout the State.
26 (3) (c) Assess the fiscal impact of proposed rules upon
27 small business and work with agencies in developing flexible
28 regulations through a regulatory review program.
29 (4) (d) Provide detailed and comprehensive assistance to
30 businesses interested in obtaining federal or State
31 government contracts through a network of local procurement
32 centers. The Department shall make a special and continuing
33 effort to assist minority and female owned businesses,
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1 including but not limited to the designation of special
2 minority and female business advocates, and shall make
3 additional efforts to assist those located in labor surplus
4 areas. The Department shall, through its network of local
5 procurement centers, make every effort to provide
6 opportunities for small businesses to participate in the
7 procurement process. The Department shall utilize one or
8 more of the following techniques. These techniques are to be
9 in addition to any other procurement requirements imposed by
10 Public Act 83-1341 this amendatory Act of 1984 or by any
11 other Act.
12 (A) (1) Advance notice by the Department or other
13 appropriate State entity of possible procurement
14 opportunities should be made available to interested
15 small businesses.
16 (B) (2) Publication of procurement opportunities in
17 publications likely to be obtained by small businesses.
18 (C) (3) Direct notification, whenever the
19 Department deems it feasible, of interested small
20 businesses.
21 (D) (4) Conduct of public hearings and training
22 sessions, when possible, regarding State and federal
23 government procurement policies.
24 (5) The Department of Central Management Services shall
25 cooperate with the Department in providing information on the
26 method and procedure by which a small business becomes
27 involved in the State or federal government procurement
28 process.
29 (5) (e) Study the total number of registrations,
30 licenses, and reports that which must be filed in order to do
31 business in this State, seek input from the directors of all
32 regulatory agencies, and submit a report on how this
33 paperwork might be reduced to the Governor and the General
34 Assembly no later than January 1, 1985.
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1 (Source: P.A. 86-808; 87-235.)
2 (20 ILCS 605/35-505 new)
3 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
4 Sec. 35-505. Aid in obtaining governmental and private
5 services. 46.15. To aid Illinois businesses in obtaining
6 services available from governmental and private sources.
7 (Source: Laws 1965, p. 1958.)
8 (20 ILCS 605/35-510 new)
9 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
10 Sec. 35-510. Study of laws affecting small business.
11 46.19h. To study the effect of laws affecting small business
12 to determine whether if those laws impede the creation of
13 small businesses or create economic damages for any small
14 business group that may jeopardize the small business group's
15 continuation in the marketplace or its valuable contribution
16 to the economic growth of this State. The study shall be
17 conducted in cooperation with the department or agency
18 administering the law whose effect is the subject of the
19 study. A general study of the laws affecting the creation of
20 small businesses in this State shall be undertaken by the
21 Department and the results shall be reported to the Governor
22 and the General Assembly by January 1, 1996.
23 An economic impact review shall be made at least every 2
24 years, and pertinent information shall be gathered from the
25 business segment affected to determine whether if the laws
26 need amendment to relieve business losses while retaining the
27 substance of the legislation, or whether the original purpose
28 has been accomplished and the laws should be repealed. The
29 review shall be reported to the Governor, the General
30 Assembly, and the administrating State agency, as well as to
31 the business associations most directly representing the
32 business group involved.
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1 The Director shall appoint a task force to assist the
2 Department in conducting the studies and reviews required
3 under this Section. The task force shall consist of persons
4 representing small business and persons representing the
5 affected State departments and agencies. Members of the task
6 force shall serve without compensation but may be reimbursed
7 for necessary expenses in connection with their duties out of
8 money available to the Department for that purpose.
9 (Source: P.A. 89-259, eff. 8-10-95.)
10 (20 ILCS 605/35-515 new)
11 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
12 Sec. 35-515. 46.13a. Environmental Regulatory Assistance
13 Program.
14 (a) The following terms, whenever used or referred to In
15 this Section, shall have the following meanings ascribed to
16 them, except where the context clearly requires otherwise,:
17 (1) "small business stationary source" means a business that
18 is owned or operated by a person that employs 100 or fewer
19 individuals; is a small business; is not a major stationary
20 source as defined in Titles I and III of the federal 1990
21 Clean Air Act Amendments; does not emit 50 tons or more per
22 year of any regulated pollutant (as defined under the federal
23 Clean Air Act); and emits less than 75 tons per year of all
24 regulated pollutants.
25 (2) "Department" means the Illinois Department of
26 Commerce and Community Affairs.
27 (b) The Department may:
28 (1) Provide access to technical and compliance
29 information for Illinois firms, including small and
30 middle market companies, to facilitate local business
31 compliance with the federal, State, and local
32 environmental regulations.
33 (2) Coordinate and enter into cooperative
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1 agreements with a State ombudsman office, which shall be
2 established in accordance with the federal 1990 Clean Air
3 Act Amendments to provide direct oversight to the program
4 established under that Act.
5 (3) Enter into contracts, cooperative agreements,
6 and financing agreements and establish and collect
7 charges and fees necessary or incidental to the
8 performance of duties and the execution of powers under
9 this Section.
10 (4) Accept and expend, subject to appropriation,
11 gifts, grants, awards, funds, contributions, charges,
12 fees, and other financial or nonfinancial aid from
13 federal, State, and local governmental agencies,
14 businesses, educational agencies, not-for-profit
15 organizations, and other entities, for the purposes of
16 this Section.
17 (5) Establish, staff, and administer programs and
18 services and adopt such rules and regulations as may be
19 necessary to carry out the intent of this Section and
20 Section 507, "Small Business Stationary Source Technical
21 and Environmental Compliance Assistance Program", of the
22 federal 1990 Clean Air Act Amendments.
23 (c) The Department's environmental compliance programs
24 and services for businesses may include, but need not be
25 limited to, the following:
26 (1) Communication and outreach services to or on
27 behalf of individual companies, including collection and
28 compilation of appropriate information on regulatory
29 compliance issues and control technologies, and
30 dissemination of that such information through
31 publications, direct mailings, electronic communications,
32 conferences, workshops, one-on-one counseling, and other
33 means of technical assistance.
34 (2) Provision of referrals and access to technical
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1 assistance, pollution prevention and facility audits, and
2 otherwise serving as an information clearinghouse on
3 pollution prevention through the coordination of the
4 Waste Management and Research Center, a division of the
5 Department of Natural Resources. In addition,
6 environmental and regulatory compliance issues and
7 techniques, which may include business rights and
8 responsibilities, applicable permitting and compliance
9 requirements, compliance methods and acceptable control
10 technologies, release detection, and other applicable
11 information may be provided.
12 (3) Coordination with and provision of
13 administrative and logistical support to the State
14 Compliance Advisory Panel.
15 (d) There is hereby created a special fund in the State
16 Treasury to be known as the Small Business Environmental
17 Assistance Fund. Monies received under subdivision (b)(4) of
18 this Section shall be deposited into the Fund.
19 Monies in the Small Business Environmental Assistance
20 Fund may be used, subject to appropriation, only for the
21 purposes authorized by this Section.
22 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
23 (20 ILCS 605/35-520 new)
24 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
25 Sec. 35-520. Grants to businesses in municipal central
26 business districts. 46.63. To award grants to businesses in
27 central business districts of municipalities to encourage and
28 assist the businesses business in maintaining their
29 operations its operation in those areas that area.
30 (Source: P.A. 87-156.)
31 (20 ILCS 605/35-525 new)
32 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
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1 Sec. 35-525. Minority Controlled and Female Controlled
2 Business Loan Board. 46.55. There is hereby created a
3 Minority Controlled and Female Controlled Businesses Loan
4 Board, hereinafter referred to as the Board, consisting of 6
5 members, appointed by the Governor with the advice and
6 consent of the Senate. No more than 3 members shall be of
7 the same political party. For the initial appointments to
8 the Board, 3 members shall be appointed to serve a 2 year
9 term and 3 members shall be appointed to serve a 4 year term.
10 Successor members shall serve for terms of 4 years.
11 The Board shall maintain an office in each of the
12 following areas: Alexander or Pulaski County, East St. Louis,
13 and the City of Chicago. For the purpose of this Act, the
14 terms "minority person", "female", "minority owned business"
15 and "female owned business" shall have the definitions of
16 those terms provided in Section 2 of the Business Enterprise
17 for Minorities, Females, and Persons with Disabilities Act
18 "An Act to create the Minority and Female Business Enterprise
19 Act", approved September 6, 1984.
20 The Board shall have the authority to make direct grants
21 and low interest loans to minority controlled businesses and
22 female controlled businesses in East St. Louis, the City of
23 Chicago, and either Alexander County or Pulaski County, from
24 appropriations for that purpose to the Department of Commerce
25 and Community Affairs. The Board shall establish and publish
26 guidelines to be followed in making the such grants and
27 loans.
28 Grant funds will be allowed to reimburse businesses for
29 expenses incurred in the preparation of proposals that are
30 accepted for loan assistance and; also, to maintain
31 administering offices in each of the 4 target areas. Loan
32 funds will be awarded at a cost of no more than 3% per annum
33 for up to 20 years to such businesses that are existing or
34 proposed.
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1 (Source: P.A. 84-1308.)
2 (20 ILCS 605/35-575 new)
3 (was 20 ILCS 605/46.69)
4 Sec. 35-575. 46.69. State building requirements. After
5 the Department has received the recommendations from the
6 Illinois Building Commission, the Department shall establish
7 a consolidated clearinghouse containing all existing State
8 building requirements and all information concerning those
9 requirements. The Department shall make the information
10 available to the public upon request. The Department shall
11 assist the public in determining which State building
12 requirements apply to any specified project.
13 (Source: P.A. 90-269, eff. 1-1-98.)
14 (20 ILCS 605/35-600 new)
15 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
16 Sec. 35-600. Buy Illinois Program. 46.19f. The
17 Department of Commerce and Community Affairs shall have the
18 authority to establish and administer a Buy Illinois Program,
19 which may include, but is not limited to, the following
20 powers and duties:
21 (1) To accept grants, loans, or appropriations from the
22 federal government or the State or any agency or
23 instrumentality thereof, and to assess fees for any services
24 performed under the Buy Illinois Program, to carry out the
25 program.
26 (2) To form a Buy Illinois Council, made up of Illinois
27 large firms and small firms, to provide advice and counsel in
28 directing a statewide program.
29 (3) To publicize and advertise to Illinois firms and
30 government agencies the importance and benefits of buying
31 goods and services provided by vendors located within the
32 State.
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1 (4) To secure the cooperation of Illinois' large firms,
2 federal, State and local governments, non-profit agencies,
3 international organizations, and others to carry out this
4 program.
5 (5) To match the needs for products and services by
6 business firms and government agencies with the capabilities
7 of small Illinois firms that can provide those such needed
8 goods and services.
9 (6) To hold purchasing agent seminars, fairs,
10 conferences and workshops to aid small Illinois businesses in
11 obtaining contracts for goods and services from larger firms
12 and government agencies to within the State.
13 (7) To assist business firms and government agencies to
14 analyze their buying activities and to find ways to carry out
15 those such activities in an effective and economical manner,
16 while promoting subcontract activity with small Illinois
17 firms.
18 (8) To establish manual and electronic buying
19 directories, including stand alone computer data bases that
20 list qualified vendors and procurement opportunities.
21 (9) To promote through other means the use by
22 international agencies, government agencies, and larger
23 businesses of products and services produced by small
24 Illinois firms.
25 (10) To subcontract, grant funds, or otherwise
26 participate with qualified private firms, existing
27 procurement centers, or other organizations that have
28 designed programs approved in accordance with procedures as
29 determined by the Department, that which are aimed at
30 assisting small Illinois firms in obtaining contracts for
31 products and services from local government agencies and
32 larger Illinois businesses.
33 (11) To develop and administer guidelines for projects
34 that provide assistance to the Department in connection with
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1 the Buy Illinois Program.
2 (Source: P.A. 85-975; 86-1475.)
3 (20 ILCS 605/35-605 new)
4 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
5 Sec. 35-605. Illinois Product and Services Exchange Act.
6 46.57. (a) This Section shall be known and may be cited as
7 the "Illinois Product and Services Exchange Act".
8 (b) It is hereby found and declared that many large
9 Illinois firms and government agencies are purchasing
10 products and services from vendors in locations other than
11 Illinois, and that there is a need to assist those such large
12 businesses and government agencies in locating Illinois
13 vendors who can provide those such products and services of
14 equal quality and at comparable or lower costs; it is further
15 found and declared that the purchase of needed products and
16 services within the State by large firms and government
17 agencies would aid the survival and expansion of small
18 businesses in Illinois and help to strengthen the State's
19 economy.
20 (c) As used in this Section, "Illinois Product and
21 Services Exchange" means a program aimed at promoting the
22 purchase of goods and services produced in Illinois by firms
23 and government agencies within the State.
24 (d) The Department shall have the authority to establish
25 and administer an Illinois Product and Services Exchange
26 Program, which may include, but is not limited to, the
27 following powers and duties:
28 (1) To accept grants, loans, or appropriations from
29 the federal government or the State or any agency or
30 instrumentality thereof, and to assess fees for any
31 services performed under the Illinois Product and
32 Services Exchange Program, to carry out the Program.;
33 (2) To form an Illinois Product and Services
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1 Exchange Council, made up of Illinois large firms and
2 small firms to provide advice and counsel in directing a
3 statewide Product and Services Exchange Program.;
4 (3) To publicize and advertise to Illinois firms
5 and government agencies the importance and benefits of
6 buying goods and services provided by vendors located
7 within the State.;
8 (4) To secure the cooperation of Illinois' large
9 firms, federal, State, and local governments, non-profit
10 agencies, and others to carry out this program.;
11 (5) To match the needs for products and services of
12 business firms and government agencies with the
13 capabilities of small Illinois firms that can provide
14 those such needed goods and services.;
15 (6) To hold purchasing agent seminars, fairs,
16 conferences, and workshops to aid small Illinois
17 businesses in obtaining contracts for goods and services
18 from larger firms and government agencies within the
19 State.;
20 (7) To assist business firms and government
21 agencies to analyze their buying activities and to find
22 ways to carry out those such activities in an effective
23 and economical manner, while promoting subcontract
24 activity with small Illinois firms.;
25 (8) To establish manual and electronic buying
26 directories, including stand alone computer data bases
27 that list qualified vendors and procurement
28 opportunities.;
29 (9) To promote through other means the use by
30 government agencies and large businesses of products and
31 services produced by small Illinois firms.;
32 (10) To subcontract, grant funds, or otherwise
33 participate with qualified private firms, existing
34 procurement centers, or other organizations that have
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1 designed programs, approved in accordance with procedures
2 determined by the Department, that which are aimed at
3 assisting small Illinois firms obtain contracts for
4 products and services from local government agencies and
5 large Illinois businesses.; and
6 (11) To develop and administer guidelines for
7 projects that provide assistance to the Department in
8 connection with the Illinois Product and Services
9 Exchange Program.
10 (Source: P.A. 85-138.)
11 (20 ILCS 605/35-610 new)
12 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
13 Sec. 35-610. Assistance with foreign trade. 46.14. To
14 assist Illinois businesses to engage in, expand, and increase
15 foreign trade.
16 (Source: Laws 1965, p. 1958.)
17 (20 ILCS 605/35-615 new)
18 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
19 Sec. 35-615. Assistance with exports. 46.19e. The
20 Department shall have the following duties and
21 responsibilities in regard to the Civil Administrative Code
22 of Illinois this Act:
23 (1) To (a) establish or cosponsor mentoring conferences,
24 utilizing experienced manufacturing exporters, to explain and
25 provide information to prospective export manufacturers and
26 businesses concerning the process of exporting to both
27 domestic and international opportunities.;
28 (2) To (b) provide technical assistance to prospective
29 export manufacturers and businesses seeking to establish
30 domestic and international export opportunities.;
31 (3) To (c) coordinate with the Department's Small
32 Business Development Centers to link buyers with prospective
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1 export manufacturers and businesses.;
2 (4) To (d) promote, both domestically and abroad,
3 products made in Illinois in order to inform consumers and
4 buyers of their high quality standards and craftsmanship.;
5 (5) To (e) provide technical assistance toward
6 establishment of export trade corporations in the private
7 sector.;
8 (6) To (f) develop an electronic data base to compile
9 information on international trade and investment activities
10 in Illinois companies, provide access to research and
11 business opportunities through external data bases, and
12 connect this data base through international communication
13 systems with appropriate domestic and worldwide networks
14 users.;
15 (7) To (g) collect and distribute to foreign commercial
16 libraries directories, catalogs, brochures, and other
17 information of value to foreign businesses considering doing
18 business in this State.;
19 (8) To (h) establish an export finance awareness program
20 to provide information to banking organizations about methods
21 used by banks to provide financing for businesses engaged in
22 exporting and about other State and federal programs to
23 promote and expedite export financing.; and
24 (9) To (i) undertake a survey of Illinois' businesses to
25 identify exportable products and the businesses interested in
26 exporting.
27 (Source: P.A. 85-975.)
28 (20 ILCS 605/35-620 new)
29 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
30 Sec. 35-620. Exports of professional services and
31 agricultural and manufactured products. 46.24. In cooperation
32 with the Department of Agriculture and the International
33 Trade and Port Promotion Advisory Committee, to (i) (a)
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1 provide assistance to those manufacturing and service
2 companies that who desire to export agricultural machinery,
3 implements, equipment, other manufactured products, and
4 professional services; (ii) (b) encourage Illinois companies
5 to initiate exporting or increase their export sales of
6 agricultural and manufactured products; (iii) (c) cooperate
7 with agencies and instrumentalities of the federal government
8 in trade development activities in overseas markets; (iv) (d)
9 conduct the necessary research within Illinois and in
10 overseas markets in order to assist exporting companies; (v)
11 (e) promote the State of Illinois as a source of agricultural
12 and manufactured products through information and promotion
13 campaigns overseas; and (vi) (f) conduct an information
14 program for foreign buyers of Illinois agricultural and
15 manufactured products.
16 (Source: P.A. 77-1335.)
17 (20 ILCS 605/35-625 new)
18 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
19 Sec. 35-625. Promotion of water ports and airport
20 facilities. 46.25. In cooperation with the Department of
21 Agriculture and the International Trade and Port Promotion
22 Advisory Committee, to (i) (a) establish a freight rate
23 information service for U.S. and foreign shippers; (ii) (b)
24 promote the advantages of Illinois water ports and existing
25 airport facilities through appropriate means and media in
26 this country and overseas; and (iii) (c) cooperate with the
27 export expansion projects and any other activity that results
28 in the additional flow of agricultural and manufactured
29 products through the Illinois water ports and existing
30 airport facilities.
31 (Source: P.A. 77-1335.)
32 (20 ILCS 605/35-630 new)
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1 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
2 Sec. 35-630. Overseas offices. 46.26. In cooperation with
3 the Department of Agriculture and with the counsel of the
4 International Trade and Port Promotion Advisory Committee, to
5 establish overseas offices for (i) (a) the promotion of the
6 export of Illinois agricultural and manufactured products;
7 (ii) (b) representation of Illinois seaports; (iii) (c)
8 economic development; and (iv) (d) tourism promotion and
9 services.
10 (Source: P.A. 78-255.)
11 (20 ILCS 605/35-675 new)
12 (was 20 ILCS 605/46.66)
13 Sec. 35-675. 46.66. Exporter award program. The
14 Department shall establish and operate, in cooperation with
15 the Department of Agriculture and the Illinois Development
16 Finance Authority, an annual awards program to recognize
17 Illinois-based exporters. In developing criteria for the
18 awards, the Department shall give consideration to the
19 exporting efforts of small and medium sized businesses,
20 first-time exporters, and other appropriate categories.
21 (Source: P.A. 88-100; 88-670, eff. 12-2-94.)
22 (20 ILCS 605/35-700 new)
23 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
24 Sec. 35-700. Tourism promotion. 46.6. To encourage and
25 promote tourism within the State.
26 (Source: Laws 1965, p. 1958.)
27 (20 ILCS 605/35-705 new)
28 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
29 Sec. 35-705. Grants to local tourism and convention
30 bureaus. Sec. 46.6a.
31 (a) (1) To establish a grant program for local tourism
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1 and convention bureaus. The Department will develop and
2 implement a program for the use of funds, as authorized under
3 this Act, by local tourism and convention bureaus. For the
4 purposes of this Act, bureaus eligible to receive funds are
5 defined as those bureaus in legal existence as of January 1,
6 1985 that, which are either a unit of local government or
7 incorporated as a not-for-profit organization, are affiliated
8 with at least one or more municipality or county, and employ
9 one full time staff person whose purpose is to promote
10 tourism. Each bureau receiving funds under this Act will be
11 certified by the Department as the designated recipient to
12 serve an area of the State. These funds may not be used in
13 support of the Chicago Worlds Fair.
14 (b) (2) To distribute grants to local tourism and
15 convention bureaus from appropriations made from the Local
16 Tourism Fund for that purpose. Of the amounts appropriated
17 annually to the Department for expenditure under this
18 Section, one-third 1/3 of those such monies shall be used for
19 grants to convention and tourism bureaus in cities with a
20 population greater than 500,000. The remaining two-thirds 2/3
21 of the annual appropriation shall be used for grants to
22 convention and tourism such bureaus in the remainder of the
23 State, in accordance with a formula based upon the population
24 served. The Department may reserve up to 10% of the total
25 appropriated to conduct audits of grants, to provide
26 incentive funds to those bureaus that which will conduct
27 promotional activities designed to further the Department's
28 statewide advertising campaign, to fund special statewide
29 promotional activities, and to fund promotional activities
30 that which support an increased use of the State's parks or
31 historic sites.
32 (Source: P.A. 90-26, eff. 7-1-97.)
33 (20 ILCS 605/35-710 new)
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1 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
2 Sec. 35-710. Regional tourism development organizations.
3 46.6c. The Department may, subject to appropriation, provide
4 contractual funding from the Tourism Promotion Fund for the
5 administrative costs of not-for-profit regional tourism
6 development organizations that assist the Department in
7 developing tourism throughout a multi-county geographical
8 area designated by the Department. Regional tourism
9 development organizations receiving funds under this Section
10 may be required by the Department to submit to audits of
11 contracts awarded by the Department to determine whether the
12 regional tourism development organization has performed all
13 contractual obligations under those contracts.
14 Every employee of a regional tourism development
15 organization receiving funds under this Section shall
16 disclose to the organization's its governing board and to the
17 Department any economic interest that employee may have in
18 any entity with which the regional tourism development
19 organization has contracted with or to which the regional
20 tourism development organization has granted funds.
21 (Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
22 (20 ILCS 605/35-715 new)
23 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
24 Sec. 35-715. 46.59. Advisory Committee; Tourism Promotion
25 Fund. There is created within the Department an Advisory
26 Committee of 11 persons, including 2 members of the Senate of
27 different political parties appointed by the President, 2
28 members of the House of Representatives of different
29 political parties appointed by the Speaker thereof, and 7
30 other persons, one of whom shall be a senior citizen 60 years
31 of age or over, appointed by the Governor. The members
32 appointed by the Governor may include, but are not limited
33 to, persons representing motels, hotels, restaurants,
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1 airlines, railroads, bus lines, travel agencies, oil
2 companies and the communications industry. The appointments
3 shall be made as soon as possible after August 13, 1988, the
4 effective date of Public Act 85-1185 this amendatory Act of
5 1988. Members shall serve for terms of 2 years and until
6 their respective successors are appointed, except that
7 General Assembly members shall serve until their respective
8 successors are appointed or until termination of their
9 legislative service, whichever first occurs. Vacancies in
10 the membership in the Advisory Committee shall be filled in
11 the same manner as the original appointments.
12 The Advisory Committee shall elect a member of its own
13 group as chairman at the first meeting, which shall be called
14 by the Governor. The Advisory Committee shall meet at least
15 4 times in a calendar year at the call of the chairman. The
16 Advisory Committee shall advise in all matters relating to
17 the policy and administration of the Illinois Tourism
18 Promotion Fund. The Committee shall report to each regular
19 session of the General Assembly its recommendations for
20 legislation in the field of the promotion of tourism and
21 related subjects in Illinois.
22 The requirements for reporting to the General Assembly
23 shall be satisfied by filing copies of the report as required
24 under Section 3.1 of "An Act to revise the law in relation to
25 the General Assembly Organization Act", approved February 25,
26 1874, as amended.
27 Members of the committee shall serve without compensation
28 but shall be reimbursed for necessary expenses incurred in
29 the performance of their duties.
30 (Source: P.A. 85-1185.)
31 (20 ILCS 605/35-720 new)
32 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
33 Sec. 35-720. Publicizing Illinois facilities and
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1 attractions. 46.16. To encourage and assist the efforts of
2 other public and private organizations or groups of citizens
3 to publicize the facilities and attractions of Illinois.
4 (Source: Laws 1965, p. 1958.)
5 (20 ILCS 605/35-800 new)
6 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-800. Training grants for skills in critical
9 demand. 46.19a. Employment and technology grants.
10 (a) (1) Grants to provide training in fields affected by
11 critical demands for certain skills may be made as provided
12 in this Section subsection.
13 (b) (a) The Director of the Department may make grants
14 to eligible employers or to other eligible entities on behalf
15 of employers as authorized in subsection (c) paragraph (b) to
16 provide training for employees in fields for which there are
17 critical demands for certain skills.
18 (c) (b) The Director may accept applications for
19 training grant funds and grant requests from: (i) entities
20 sponsoring multi-company eligible employee training projects
21 as defined in subsection (d) paragraph (c), including
22 business associations, strategic business partnerships,
23 institutions of secondary or higher education, large
24 manufacturers for supplier network companies, federal Job
25 Training Partnership Act administrative entities or grant
26 recipients, and labor organizations when those projects will
27 address common training needs identified by participating
28 companies; and (ii) individual employers that are undertaking
29 eligible employee training projects as defined in subsection
30 (d) paragraph (c), including intermediaries and training
31 agents.
32 (d) (c) The Director may make grants to eligible
33 applicants as defined in subsection (c) paragraph (b) for
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1 employee training projects that include, but need not be
2 limited to, one or more of the following:
3 (1) (i) Training programs in response to new or
4 changing technology being introduced in the workplace.;
5 (2) (ii) Job-linked training that offers special
6 skills for career advancement or that is preparatory for,
7 and leads directly to, jobs with definite career
8 potential and long-term job security.;
9 (3) (iii) Training necessary to implement total
10 quality management or improvement or both management and
11 improvement systems within the workplace.;
12 (4) (iv) Training related to new machinery or
13 equipment.;
14 (5) (v) Training of employees of companies that are
15 expanding into new markets or expanding exports from
16 Illinois.;
17 (6) (vi) Basic, remedial, or both basic and
18 remedial training of employees as a prerequisite for
19 other vocational or technical skills training or as a
20 condition for sustained employment.;
21 (7) (vii) Self-employment training of the
22 unemployed and underemployed with comprehensive,
23 competency-based instructional programs and services.;
24 and
25 (8) (viii) Other training activities or, projects,
26 or both training activities and projects, related to the
27 support, development, or evaluation of job training
28 programs, activities, and delivery systems, including
29 training needs assessment and design.
30 (e) (d) Grants shall be made on the terms and conditions
31 that the Department shall determine., provided, however, that
32 No grant made under the provisions of paragraph (c) of this
33 subsection (d), however, shall exceed 50% of the direct costs
34 of all approved training programs provided by the employer or
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1 the employer's training agent or other entity as defined in
2 subsection (c) paragraph (b). Under this Section, allowable
3 costs include, but are not limited to:
4 (1) (i) Administrative costs of tracking,
5 documenting, reporting, and processing training funds or
6 project costs.;
7 (2) (ii) Curriculum development.;
8 (3) (iii) Wages and fringe benefits of employees.;
9 (4) (iv) Training materials, including scrap
10 product costs.;
11 (5) (v) Trainee travel expenses.;
12 (6) (vi) Instructor costs, including wages, fringe
13 benefits, tuition, and travel expenses.;
14 (7) (vii) Rent, purchase, or lease of training
15 equipment.; and
16 (8) (viii) Other usual and customary training
17 costs.
18 (f) (e) The Director will ensure that a minimum of one
19 on-site grant monitoring visit is conducted by the Department
20 either during the course of the grant period or within 6
21 months following the end of the grant period. The Department
22 shall verify that the grantee's financial management system
23 is structured to provide for accurate, current, and complete
24 disclosure of the financial results of the grant program in
25 accordance with all provisions, terms, and conditions
26 contained in the grant contract.
27 (g) (f) The Director may establish and collect a
28 schedule of charges from subgrantee entities and other system
29 users under federal job-training programs for participating
30 in and utilizing the Department's automated job-training
31 program information systems if the where such systems and the
32 necessary participation and utilization are requirements is a
33 requirement of the federal job-training programs. All monies
34 collected pursuant to this subsection paragraph shall be
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1 deposited into the Federal Job-Training Information Systems
2 Revolving Fund created in Section 35-805 subsection (5).
3 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
4 eff. 8-16-97.)
5 (20 ILCS 605/35-805 new)
6 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-805. Federal Job-Training Information Systems
9 Revolving Fund. (5) There is hereby created a special fund
10 in the State treasury to be known as the Federal Job-Training
11 Information Systems Revolving Fund. The deposit of monies
12 into this fund shall be limited to the collection of charges
13 pursuant to paragraph (f) of subsection (g) (1) of this
14 Section 35-800. The monies in the fund may only be used,
15 subject to appropriation by the General Assembly, only for
16 the purpose of financing the maintenance and operation of the
17 automated Federal Job-Training Information Systems pursuant
18 to paragraph (f) of subsection (g) (1) of this Section
19 35-800.
20 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
21 eff. 8-16-97.)
22 (20 ILCS 605/35-810 new)
23 (was 20 ILCS 605/46.19a, subsec. (6)) (from ch 127, par.
24 46.19a)
25 Sec. 35-810. Reemployment of former employees.
26 (6) When the Department is involved in developing a federal
27 or State funded training or retraining program for any
28 employer, the Department will assist and encourage that
29 employer in making every effort to reemploy individuals
30 previously employed at the facility. Further, the Department
31 will provide a list of those said employees to the said
32 employer for consideration for reemployment and will report
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1 the results of this effort to the Illinois Job Training
2 Coordinating Council. This requirement shall be in effect
3 when all of the following conditions are met:
4 (1) (a) The employer is reopening, or is proposing
5 to reopen, a facility that which was last closed during
6 the preceding 2 years.,
7 (2) (b) A substantial number of the persons who
8 were employed at the facility before its most recent
9 closure remain unemployed., and
10 (3) (c) The product or service produced by, or
11 proposed to be produced by, the employer at the facility
12 is substantially similar to the product or service
13 produced at the facility before its most recent closure.
14 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
15 eff. 8-16-97.)
16 (20 ILCS 605/35-815 new)
17 (was 20 ILCS 605/46.19a, subsec. (7)) (from ch 127, par.
18 46.19a)
19 Sec. 35-815. Unemployed and underemployed single
20 parents. (7) The Department, in cooperation with the
21 Departments of Human Services and Employment Security, may
22 establish a program to encourage community action agencies to
23 establish programs that will help unemployed and
24 underemployed single parents to identify, access, and
25 develop, through such means as counseling or mentoring,
26 internal and external resources that will enable those single
27 parents to become emotionally and financially
28 self-sufficient. The intended primary beneficiaries of the
29 local programs shall be female heads of households who are at
30 least 22 but less than 46 years of age and who are physically
31 able to work but are unemployed or underemployed. The
32 Department may make grants, subject to the availability of
33 funding, to communities and local agencies for the purpose of
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1 establishing local programs as described in this Section
2 subsection (7). A grant under this Section subsection (7)
3 shall be made for a period of one year and may be renewed if
4 the Department determines that the program is successful in
5 meeting its objectives. If the Department determines that
6 implementation of a program has resulted in a savings of
7 State moneys that otherwise would have been paid to
8 beneficiaries of the program, the Department, on renewing a
9 grant, may adjust the grant amount for those demonstrated
10 savings.
11 For purposes of this Section subsection, a person is
12 underemployed if his or her income from employment is less
13 than 185% of the federal official poverty income guideline.
14 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
15 eff. 8-16-97.)
16 (20 ILCS 605/35-820 new)
17 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
18 Sec. 35-820. Public hearings on Job Training Partnership
19 Act plans and programs. 46.49. To require Service Delivery
20 Areas established under the federal Job Training Partnership
21 Act to hold public hearings on the job training plans
22 developed for their respective jurisdictions pursuant to
23 Section 104 of the federal Job Training Partnership Act. The
24 Such public hearings shall be held by the Service Delivery
25 Areas prior to the submission of the job training plans to
26 the Department for review and approval or disapproval on
27 behalf of the Governor. The Department shall, as part of its
28 plan submission requirements, direct Service Delivery Areas
29 to submit evidence that the such hearings have been held.
30 The Department shall hold public hearings regarding those
31 Job Training Partnership Act programs set aside under that
32 Act for direct administration and implementation by the
33 Governor. The Such public hearings shall be held prior to the
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1 submission of the Governor's Coordination and Special
2 Services Plan to the General Assembly for review and comment
3 and to the Governor for approval.
4 (Source: P.A. 83-1528.)
5 (20 ILCS 605/35-825 new)
6 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
7 Sec. 35-825. 46.65. Earnfare Program. The Department
8 shall, through the Job Training Partnership Act and local
9 private industry councils, provide job skills training, job
10 placement, client management, and supportive services for
11 Earnfare participants, using existing II-A funds.
12 (Source: P.A. 87-893.)
13 (20 ILCS 605/35-850 new)
14 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
15 46.32a)
16 Sec. 35-850. Labor-Management Cooperation Committee.
17 46.32a.
18 (a) The Department shall promote labor-management
19 relations and provide assistance in the development of local
20 labor-management committees.
21 (b) In the Department there shall be a Labor-Management
22 Cooperation Committee composed of 12 public members appointed
23 by the Governor with the advice and consent of the Senate.
24 Six members shall represent executive level management of
25 businesses that employ labor union members, and 6 members
26 shall represent major labor union leadership. The Governor
27 shall designate 1 business representative and 1 labor
28 representative as cochairmen. Appointed members shall not be
29 represented at a meeting by another person. There shall be 6
30 ex officio nonvoting members: the Director of the Department,
31 who shall serve as Secretary, the Director of the Department
32 of Labor, the President of the Senate, the Minority Leader of
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1 the Senate, the Speaker of the House of Representatives, and
2 the Minority Leader of the House of Representatives. Each ex
3 officio member shall serve during the term of his or her
4 office. Ex officio members may be represented by duly
5 authorized substitutes.
6 In making the initial public member appointments to the
7 Committee, 3 of the business representatives and 3 of the
8 labor union representatives shall be appointed for terms
9 expiring July 1, 1987. The remaining public members shall be
10 appointed for terms expiring July 1, 1988. Thereafter, public
11 members of the Committee shall be appointed for terms of 2
12 years expiring on July 1, or until their successors are
13 appointed and qualified. The Governor may at any time, with
14 the advice and consent of the Senate, make appointments to
15 fill vacancies for the balance of an unexpired term. Public
16 members shall serve without compensation, but shall be
17 reimbursed by the Department for necessary expenses incurred
18 in the performance of their duties. The Department shall
19 provide staff assistance to the Committee.
20 (c) The Committee shall have the following duties:
21 (1) To improve communications between labor and
22 management on significant economic problems facing the
23 State.;
24 (2) To encourage and support the development of
25 local labor-management committees at the plant, industry
26 and area levels across the State.;
27 (3) To assess the progress of area labor-management
28 committees that have been formed across the State and
29 provide input to the Director of the Department
30 concerning matching grants to area labor-management
31 committees or other grant programs established in this
32 Act.;
33 (4) To convene a statewide conference on
34 labor-management concerns at least once every 2 years.;
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1 (5) To issue a report on labor-management concerns
2 to the Governor and the General Assembly every 2 years
3 commencing in March of 1987. This report shall outline
4 the accomplishments of the Committee and specific
5 recommendations for improving Statewide labor-management
6 relations.
7 (Source: P.A. 88-456.)
8 (20 ILCS 605/35-855 new)
9 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
10 46.32a)
11 Sec. 35-855. Grants to local labor-management committees.
12 (a) (b) The Director, with the advice of the
13 Labor-Management Cooperation Committee, shall have the
14 authority to provide matching grants, grants, and other
15 resources to establish or assist area labor-management
16 committees and other projects that which serve to enhance
17 labor-management relations. The Department shall have the
18 authority, with the advice of the Labor-Management
19 Cooperation Committee, to award grants or matching grants in
20 4 four areas as provided in subsections (b) through (e).:
21 (b) (1) At least 60% 60 percent of the annual
22 appropriation to the Department, for providing
23 labor-management grants and resources shall be awarded as
24 matching grants to existing local labor-management
25 committees. To be eligible for matching grants pursuant to
26 this subsection, local labor-management committees shall meet
27 all of the following criteria:
28 (1) (i) Be a formal, not-for-profit organization
29 structured for continuing service with voluntary
30 membership.;
31 (2) (ii) Be composed of labor and management
32 representatives.;
33 (3) (iii) Service a distinct and identifiable
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1 geographic region.;
2 (4) (iv) Be staffed by a professional chief
3 executive officer.;
4 (5) (v) Have been established with the Department
5 for at least 2 two years.;
6 (6) (vi) Operate in compliance with rules set forth
7 by the Department with the advice of the Labor-Management
8 Cooperation Committee.; and
9 (7) (vii) Ensure that their its efforts and
10 activities are coordinated with relevant agencies,
11 including but not limited to the following:
12 Department of Commerce and Community Affairs
13 Illinois Department of Labor
14 Economic development agencies
15 Corridor councils
16 Planning agencies
17 Colleges, universities, and community colleges
18 U.S. Department of Labor
19 Statewide Job Training Partnership Act
20 Entities.
21 Further, the purpose of the local labor-management
22 committees will include, but not be limited to, the
23 following:
24 (8) (i) Enhancing the positive labor-management
25 relationship within the State, region, community, and/or
26 work place.;
27 (9) (ii) Assisting in the retention, expansion, and
28 attraction of businesses and jobs within the State
29 through special training programs, gathering and
30 disseminating dissemination of information, and providing
31 assistance in local economic development efforts as
32 appropriate.;
33 (10) (iii) Creating and maintaining a regular
34 nonadversarial forum for ongoing dialogue between labor
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1 and management representatives to discuss and resolve
2 issues of mutual concern outside the realm of the
3 traditional collective bargaining process.;
4 (11) (iv) Acting as an intermediary for initiating
5 local programs between unions and employers that which
6 would generally improve economic conditions in a region.;
7 (12) (v) Encouraging, assisting, and facilitating
8 the development of work-site and industry
9 labor-management committees in the region.
10 Any local labor-management committee meeting these
11 criteria may apply to the Department for annual matching
12 grants, providing that the local committee contributes at
13 least 25% 25 percent in matching funds, of which no more than
14 50% 50 percent shall be "in-kind" services. Funds received
15 by a local committee pursuant to this subsection shall be
16 used for the ordinary operating expenses of the local
17 committee.
18 (c) (2) Up to 20% 20 percent of the annual appropriation
19 to the Department for providing labor-management grants and
20 resources may be awarded as matching grants to local
21 labor-management committees that which do not meet all of the
22 eligibility criteria set forth in subsection (b) (1).
23 However, to be eligible to apply for a grant under this
24 subsection (c), the local labor-management committee, at a
25 minimum, shall meet all of the following criteria:
26 (1) (i) Be composed of labor and management
27 representatives.;
28 (2) (ii) Service a distinct and identifiable
29 geographic region.;
30 (3) (iii) Operate in compliance with the rules set
31 forth by the Department with the advice of the
32 Labor-Management Cooperation Committee.; and
33 (4) (iv) Ensure that its efforts and activities are
34 directed toward enhancing the labor-management
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1 relationship within the State, region, community, and/or
2 work place.
3 Any local labor-management committee meeting these
4 criteria may apply to the Department for an annual matching
5 grant, providing that the local committee contributes at
6 least 25% 25 percent in matching funds of which no more than
7 50% 50 percent shall be "in-kind" services. Funds received
8 by a local committee pursuant to this paragraph (2) of
9 subsection (c) (b) of this Section shall be used for the
10 ordinary and operating expenses of the local committee.
11 Eligible committees shall be limited to 3 three years of
12 funding under this subsection. With respect to those
13 committees participating in this program prior to enactment
14 of this amendatory Act of 1988 that which fail to qualify
15 under paragraph (1) of this subsection (c) (b) of this
16 Section, previous years' funding shall be counted in
17 determining whether those committees have reached their
18 funding limit under this paragraph (2).
19 (d) (3) Up to 10% 10 percent of the annual appropriation
20 to the Department for providing labor-management grants and
21 resources may be awarded as grants to develop and conduct
22 specialized education and training programs of direct benefit
23 to representatives of labor, management, labor-management
24 committees and/or their staff. The type of education and
25 training programs to be developed and offered will be
26 determined and prioritized annually by the Department, with
27 the advice of the Labor-Management Cooperation Committee.
28 The Department will develop and issue an annual request for
29 proposal detailing the program specifications.
30 (e) (4) Up to 10% 10 percent of the annual appropriation
31 to the Department for providing labor-management grants and
32 resources may be awarded as grants for research and
33 development projects related to labor-management issues. The
34 Department, with the advice of the Labor-Management
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1 Cooperation Committee, will develop and prioritize annually
2 the type and scope of the research and development projects
3 deemed necessary.
4 (f) The Department is authorized to establish
5 applications and, application procedures and promulgate any
6 rules deemed necessary in the administration of the such
7 grants.
8 (Source P.A. 88-456.)
9 (20 ILCS 605/35-860 new)
10 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
11 46.32a)
12 Sec. 35-860. Office of Labor-Management Cooperation.
13 (c) To administer the grant programs created by this Law
14 Act, the Department shall establish an Office of
15 Labor-Management Cooperation. The purpose of this office
16 shall include, but not be limited to the following:
17 (1) To administer the grant programs, including
18 developing grant applications and requests for proposals
19 proposal, program monitoring, and evaluation.
20 (2) To serve as State liaison with other state,
21 regional and national organizations devoted to promoting
22 labor-management cooperation; and to disseminate
23 disseminating pertinent information secured through these
24 State, regional, and national affiliations to local
25 labor-management committees, the Labor-Management
26 Cooperation Committee, and other interested parties
27 throughout the State.
28 (3) To provide technical assistance to area,
29 industry, or work-site labor-management committees as
30 requested.
31 (4) To serve as a clearinghouse for information
32 related to labor-management cooperation.
33 (5) To serve as a catalyst to developing and
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1 strengthening a partnership among local, State, regional,
2 and national organizations and agencies devoted to
3 enhancing labor-management cooperation.
4 (6) To provide any other programs or services that
5 which enhance labor-management cooperation within the
6 State of Illinois as determined by the Director with the
7 advice of the Labor-Management Cooperation Committee.
8 (Source: P.A. 88-456.)
9 (20 ILCS 605/35-875 new)
10 (was 20 ILCS 605/46.68)
11 Sec. 35-875. 46.68. Safety loan program.
12 (a) The Department of Commerce and Community Affairs may
13 develop and implement a small business safety loan program to
14 allow employers the opportunity to improve workplace safety.
15 The loans shall be made from appropriations for that purpose.
16 The loans shall be secured by adequate collateral, may be for
17 a term of no more than 5 years, and may bear interest at a
18 discounted rate. The Department shall promulgate all
19 necessary rules to implement the program.
20 (b) Any loan made under this Section shall: (1) be made
21 only if an on-site safety and health consultation and
22 recommendations for correction have been completed by the
23 Department's Industrial Service Division; and (2) finance no
24 more than $50,000 or 80% of the total project and no less
25 than $10,000.
26 (c) The Illinois Safety Revolving Loan Fund is created
27 as a separate fund within the State treasury.
28 The purpose of the Fund is to provide loans to and
29 finance administration of loans to small businesses in
30 Illinois.
31 There shall be deposited into the Fund amounts including,
32 but not limited to, the following:
33 (1) All receipts, including dividends, principal,
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1 and interest payments from any applicable loan agreement
2 made from the Fund or from direct appropriations.;
3 (2) All proceeds of assets of whatever nature
4 received by the Department as a result of default or
5 delinquency with respect to loan agreements made from the
6 Fund or from direct appropriations by the General
7 Assembly, including proceeds from the sale, disposal,
8 lease, or rental of real or personal property that the
9 Department may have received as a result of the default
10 or delinquency.;
11 (3) Any appropriations, grants, or gifts made to
12 the Fund.; and
13 (4) Any income received from interest on
14 investments of moneys in the Fund.
15 (d) The implementation of or continuation of this
16 program during any fiscal year is dependent upon federal
17 funding, through the Department of Labor, committed to the
18 Onsite Safety and Health Consultation Program prior to the
19 beginning of that fiscal year.
20 (Source: P.A. 89-423, eff. 6-1-96.)
21 (20 ILCS 605/35-900 new)
22 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
23 Sec. 35-900. Construction loans to local governments for
24 revenue producing capital facilities. 46.6b. To make loans to
25 units of local government for construction of revenue
26 producing capital facilities, subject to the such terms and
27 conditions condition as it deems necessary to ensure
28 repayment.
29 (Source: P.A. 85-552.)
30 (20 ILCS 605/35-905 new)
31 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
32 Sec. 35-905. Grants to local governments in connection
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1 with federal prisons. 46.41b. To make grants to units of
2 local government for (i) land acquisition and all necessary
3 improvements upon or related thereto for the purpose of
4 facilitating the location of federal prisons in Illinois and
5 (ii) for the development of industrial or commercial parks,
6 or both, that which are adjacent to or abut any federal
7 prison constructed in Illinois after January 9, 1990 (the
8 effective date of Public this amendatory Act 86-1017) of
9 1989.
10 (Source: P.A. 86-1017.)
11 (20 ILCS 605/35-910 new)
12 (was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56)
13 Sec. 35-910. Grants to municipalities for site
14 development along waterways. 46.56. In cooperation with the
15 Department of Transportation, to make grants and provide
16 financial assistance to municipalities for site development
17 along waterways in order to promote commercial and industrial
18 development.
19 (Source: P.A. 84-1124.)
20 (20 ILCS 605/35-915 new)
21 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
22 Sec. 35-915. Assisting local governments to achieve lower
23 borrowing costs. 46.45. To cooperate with the Illinois
24 Development Finance Authority in assisting local governments
25 to achieve overall lower borrowing costs and more favorable
26 terms under Sections 7.50 through 7.61 of the Illinois
27 Development Finance Authority Act, including using the
28 Department's federally funded Community Development
29 Assistance Program for those such purposes.
30 (Source: P.A. 83-1367.)
31 (20 ILCS 605/35-920 new)
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1 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
2 Sec. 35-920. Assisting local governments; debt
3 management, capital facility planning, infrastructure.
4 46.47. To provide, in cooperation with the Illinois
5 Development Finance Authority, technical assistance to local
6 governments with respect to debt management and bond
7 issuance, capital facility planning, infrastructure
8 financing, infrastructure maintenance, fiscal management, and
9 other infrastructure areas.
10 (Source: P.A. 83-1367.)
11 (20 ILCS 605/35-925 new)
12 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
13 Sec. 35-925. Helping local governments reduce
14 inrastructure costs. 46.48. To develop and recommend to the
15 Governor and the General Assembly, in cooperation with the
16 Illinois Development Finance Authority and local governments,
17 methods and techniques that can be used to help local
18 governments reduce their public infrastructure costs,
19 including strengthened local financial management, user fees,
20 and other appropriate options.
21 (Source: P.A. 83-1367.)
22 (20 ILCS 605/35-930 new)
23 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
24 Sec. 35-930. Assisting home rule units; composite bond
25 issues for mortgages. 46.27. At the request of any home rule
26 unit, to assist the such home rule unit in providing
27 composite bond issues for mortgages in order to enable the
28 such home rule unit to benefit from the federal allocation of
29 tax exempt mortgage revenue bonds authorized under the
30 federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
31 Public Law 96-499), as now or hereafter amended.
32 (Source: P.A. 83-651.)
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1 (20 ILCS 605/35-935 new)
2 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
3 Sec. 35-935. Referrals to State universities for special
4 economic problems. 46.32. To encourage the establishment,
5 with the assistance of the Board of Higher Education, of a
6 system for referring representatives of communities in which
7 there exist special economic problems and opportunities to
8 the most appropriate State university for assistance. The
9 Department may also cooperate with the universities in
10 providing advice and assistance to communities or groups of
11 citizens seeking to offset the economic impact of the removal
12 or termination of substantial industrial or commercial
13 operations.
14 (Source: P.A. 81-835; 81-1509.)
15 (20 ILCS 605/35-940 new)
16 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
17 Sec. 35-940. Clearing house for local government
18 problems; aid with financial and administrative matters.
19 46.37. The Department shall provide for a central clearing
20 house for information concerning local government problems
21 and various solutions to those problems and shall assist and
22 aid local governments of the State in matters relating to
23 budgets, fiscal procedures, and administration. In performing
24 this responsibility the Department shall have the power and
25 duty to do the following:
26 (1) (a) Maintain communication with all local
27 governments and assist them, at their request, to improve
28 their administrative procedures and to facilitate
29 improved local government and development.;
30 (2) (b) Assemble and disseminate information
31 concerning State and federal programs, grants, gifts, and
32 subsidies available to local governments and to provide
33 counsel and technical services and other assistance in
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1 applying for those such programs, grants, gifts, and
2 subsidies.;
3 (3) (c) Assist in coordinating activities by
4 obtaining information, on forms provided by the
5 Department or by receipt of proposals and applications,
6 concerning State and federal assisted programs, grants,
7 gifts, and subsidies applied for and received by all
8 local governments.;
9 (4) (d) Provide direct consultative services to
10 local governments upon request and provide staff services
11 to special commissions, the Governor, or the General
12 Assembly or its committees.;
13 (5) (e) Render advice and assistance with respect
14 to the establishment and maintenance of programs for the
15 training of local government officials and other
16 personnel, including programs of intergovernmental
17 exchange of personnel.;
18 (6) (f) To Act as the official State agency for the
19 receipt and distribution of federal funds that which are
20 or may be provided to the State on a flat grant basis for
21 distribution to local governments or in the event federal
22 law requires a State agency to implement programs
23 affecting local governments and for State funds that
24 which are or may be provided for the use of local
25 governments unless otherwise provided by law.;
26 (7) (g) To Administer such laws relating to local
27 government affairs as the General Assembly may direct.;
28 (8) (h) Provide all advice and assistance to
29 improve local government administration, ensure to insure
30 the economical and efficient provision of local
31 government services, and to make the Civil Administrative
32 Code of Illinois this Act effective.;
33 (9) (i) Give advice and counsel on fiscal problems
34 of local governments of the State to those such local
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1 governments.;
2 (10) (j) Prepare uniform budgetary forms for use by
3 the local governments of the State.;
4 (11) (k) Assist and advise the local governments of
5 the State in matters pertaining to budgets, appropriation
6 requests and ordinances, the determination of property
7 tax levies and rates, and other matters of a financial
8 nature.;
9 (12) (l) Be a repository for financial reports and
10 statements required by law of local governments of the
11 State, and publish financial summaries of those reports
12 and statements. thereof;
13 (13) (m) At the request of local governments,
14 provide assistance in preparing bond issues, review
15 bonding proposals, and assist in marketing bonds, and
16 provide by January 1, 1985, model forms for the
17 disclosure of all information of significance to
18 potential purchasers of long or short term debt of local
19 governments and all information required to be disclosed
20 in connection with the sale of long or short term debt by
21 local governments.;
22 (14) (n) Prepare proposals and advise on the
23 investment of idle local government funds.;
24 (15) (o) Administer the program of grants, loans,
25 and loan guarantees under the federal Public Works and
26 Economic Development Act of 1965, as amended, 42 U.S.C.
27 3121 and following et seq., and to receive and disburse
28 State and federal funds provided for that program and
29 moneys received as repayments of loans made under the
30 program.;
31 (16) (p) After January 1, 1985, upon the request of
32 local governments, to prepare and provide model financial
33 statement forms designed to communicate to taxpayers,
34 service consumers, voters, government employees, and news
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1 media, in a non-technical manner, all significant
2 financial information regarding a particular local
3 government, and to prepare and provide to local
4 governments a summary of local governments' obligations
5 concerning the adoption of an annual operating budget.
6 The which summary shall be set forth in a non-technical
7 manner and shall be designed principally for distribution
8 to, and the use of, taxpayers, service consumers, voters,
9 government employees, and news media.
10 (Source: P.A. 83-1362.)
11 (20 ILCS 605/35-945 new)
12 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
13 Sec. 35-945. Development of safe and decent housing.
14 46.38. The Department shall foster the development of safe
15 and decent housing for Illinois citizens and shall perform
16 all duties provided by law. In performing this responsibility
17 the Department shall have the power and duty to do the
18 following:
19 (1) (a) Coordinate and, wherever provided by law,
20 to supervise or administer the several programs of State
21 and federal assistance and grants related to housing and
22 urban renewal, including but not limited to housing,
23 redevelopment, urban renewal, urban planning assistance,
24 building codes, building code enforcement, housing codes,
25 housing code enforcement, area development,
26 revitalization of central city cores, mass
27 transportation, public works ,and community facilities,
28 and to furnish technical assistance on any program of
29 housing and urban renewal.;
30 (2) (b) To Exercise the rights, powers, and duties
31 provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
32 (7), (8), (9), (10), and (12) of Section 35-115. 46.36 of
33 this Act;
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1 (3) (c) To Perform such other duties that as may be
2 necessary to implement applicable law and to ensure
3 insure orderly administration of the Department.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 605/35-950 new)
6 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
7 Sec. 35-950. Federal funds for housing. 46.38a. The
8 Department of Commerce and Community Affairs is authorized to
9 receive and distribute federal funds to foster safe and
10 decent housing and for reimbursement of social service
11 expenses in connection with emergency shelter for the
12 homeless.
13 (Source: P.A. 85-1021.)
14 (20 ILCS 605/35-990 new)
15 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
16 Sec. 35-990. Notice of legislation affecting local
17 governments. 46.37a. Beginning on March 1, 1984 and annually
18 thereafter, the Department shall notify each county,
19 municipality, and township of all State legislation that
20 which has taken effect during the preceding 12 months that
21 which in the Department's view directly affects or has
22 significant impact upon the functioning of local governments.
23 Notice shall be provided by delivering, by mail or otherwise,
24 to each such unit of local government a listing of the
25 legislation.
26 (Source: P.A. 83-915.)
27 (20 ILCS 605/35-995 new)
28 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
29 Sec. 35-995. Contracts to perform functions at request of
30 local governments. 46.40. The Director may contract on behalf
31 of the Department, at the request of the corporate
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1 authorities of any municipality, if the proposed function
2 takes place within the such municipality, or at the request
3 of the corporate authorities of the county, if the proposed
4 function takes place in an unincorporated area, with any
5 person, firm, or corporation to perform any of the functions
6 provided herein, within the corporate limits as provided in
7 this Section. The Department shall not expend State funds on
8 a contractual basis for those such functions unless those
9 functions and expenditures are expressly authorized by the
10 General Assembly.
11 (a) All contracts entered into by the Director shall
12 provide for annual audits and reports of activities conducted
13 under terms of the contract, unless more frequently requested
14 by the Director. The Director shall take such other steps as
15 are necessary to ensure insure the proper discharge of
16 contract responsibilities.;
17 (b) The Department shall promulgate rules and
18 regulations concerning the Department's operations or
19 programs established to meet these purposes.
20 (Source: P.A. 81-1509.)
21 (20 ILCS 805/Art. 40 heading new)
22 ARTICLE 40. DEPARTMENT OF NATURAL
23 RESOURCES (CONSERVATION)
24 (20 ILCS 805/40-1 new)
25 Sec. 40-1. Article short title. This Article 40 of the
26 Civil Administrative Code of Illinois may be cited as the
27 Department of Natural Resources (Conservation) Law.
28 (20 ILCS 805/40-5 new)
29 Sec. 40-5. Definitions. In this Law:
30 "Department" means the Department of Natural Resources.
31 "Director" means the Director of Natural Resources.
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1 (20 ILCS 805/40-10 new)
2 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
3 Sec. 40-10. Department's powers, generally. 63a. The
4 Department of Natural Resources has the powers enumerated in
5 the following Sections 63a1 through 63b2.9.
6 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
7 (20 ILCS 805/40-15 new)
8 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
9 Sec. 40-15. Rules and regulations. The Department has
10 the power 63a37. to adopt and enforce rules and regulations
11 necessary to the performance of its statutory duties.
12 (Source: P.A. 84-437.)
13 (20 ILCS 805/40-25 new)
14 (was 20 ILCS 805/63b2.8)
15 Sec. 40-25. 63b2.8. Public benefit certification. The
16 Department has the power to certify whether land encumbered
17 by a conservation right provides a demonstrated public
18 benefit for purposes of reduced land valuation in accordance
19 with Section 10-167 of the Property Tax Code.
20 (Source: P.A. 88-657, eff. 1-1-95.)
21 (20 ILCS 805/40-30 new)
22 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
23 Sec. 40-30. Illinois Conservation Corps; Illinois Youth
24 Recreation Corps. The Department has the power 63a38. to
25 administer the Illinois Conservation Corps Program and the
26 Illinois Youth Recreation Corps Program created by the
27 "Illinois Youth and Young Adult Employment Act of 1986",
28 enacted by the 84th General Assembly, and to promulgate rules
29 and regulations for the administration of the programs.
30 (Source: P.A. 84-1430.)
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1 (20 ILCS 805/40-35 new)
2 (was 20 ILCS 805/63a40)
3 Sec. 40-35. 63a40. Adopt-A-River program. The
4 Department has the power to establish and maintain
5 Adopt-A-River programs with individual or group volunteers in
6 an effort to encourage and facilitate volunteer group
7 involvement in litter cleanup in and along portions of rivers
8 and streams located in State parks and park lands. These
9 programs shall include but not be limited to the following:
10 (1) Providing and coordinating services by
11 volunteers to reduce the amount of litter including
12 providing trash bags and trash bag pickup and, where
13 necessary, providing briefings on safety procedures.
14 (2) Providing and installing signs identifying
15 those volunteers participating in the Adopt-A-River
16 program in particular parks and park lands.
17 The State and the Department of Natural Resources and its
18 employees are not liable for any damages or injury suffered
19 by any person resulting from his or her participation in the
20 program or from the actions or activities of the volunteers.
21 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
22 90-14, eff. 7-1-97.)
23 (20 ILCS 805/40-40 new)
24 (was 20 ILCS 805/63a41)
25 Sec. 40-40. 63a41. Establishment of Adopt-A-Park
26 program. The Department of Natural Resources may establish
27 and maintain Adopt-A-Park programs with individual or group
28 volunteers in an effort to reduce and remove litter from
29 parks and park lands. These programs shall include but not
30 be limited to the following:
31 (1) Providing and coordinating services by
32 volunteers to reduce the amount of litter, including
33 providing trash bags and trash bag pickup and, in
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1 designated areas where volunteers may be in close
2 proximity to moving vehicles, providing safety briefings
3 and reflective safety gear.
4 (2) Providing and installing signs identifying
5 those volunteers adopting particular parks and park
6 lands.
7 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
8 90-14, eff. 7-1-97.)
9 (20 ILCS 805/40-70 new)
10 (was 20 ILCS 805/63b2.9)
11 Sec. 40-70. 63b2.9. Grants and contracts.
12 (a) The Department has the power to accept, receive,
13 expend, and administer, including by grant, agreement, or
14 contract, those funds that are made available to the
15 Department from the federal government and other public and
16 private sources in the exercise of its statutory powers and
17 duties.
18 (b) The Department may make grants to other State
19 agencies, universities, not-for-profit organizations, and
20 local governments, pursuant to an appropriation in the
21 exercise of its statutory powers and duties.
22 (Source: P.A. 90-490, eff. 8-17-97.)
23 (20 ILCS 805/40-80 new)
24 (was 20 ILCS 805/63b1.2)
25 Sec. 40-80. 63b1.2. Indirect cost reimbursements.
26 Indirect cost reimbursements applied for by the Department of
27 Natural Resources may be allocated as State matching funds.
28 Any indirect cost reimbursement applied for and received by
29 the Department shall be deposited into to the same fund as
30 the direct cost and may be expended, subject to
31 appropriation, for support of programs administered by the
32 Department of Natural Resources.
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1 (Source: P.A. 90-490, eff. 8-17-97.)
2 (20 ILCS 805/40-100 new)
3 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
4 Sec. 40-100. Conservation of fish and game. The
5 Department has the power 63a1. to take all measures necessary
6 for the conservation, preservation, distribution,
7 introduction, propagation, and restoration of fish, mussels,
8 frogs, turtles, game, wild animals, wild fowls, and birds.
9 (Source: Laws 1967, p. 1088.)
10 (20 ILCS 805/40-105 new)
11 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
12 Sec. 40-105. Conservation of fauna and flora. The
13 Department has the power 63a2. to take all measures necessary
14 for the conservation, preservation, distribution,
15 introduction, propagation, and restoration of the fauna and
16 flora, except where other laws designate responsibilities
17 specifically to other governmental agencies. The Director
18 and authorized employees of the Department may expend such
19 sums as the Director deems necessary to purchase any fauna
20 and flora or parts thereof protected by the Department for
21 use as evidence of a violation of the Fish and Aquatic Life
22 Code, the Wildlife Code, or any other Act administered by the
23 Department, and may employ persons to obtain that such
24 evidence. The Director is authorized to establish
25 investigative cash funds for the purpose of purchasing
26 evidence or financing any investigation of persons suspected
27 of having violated those such Acts. The Such investigative
28 cash funds shall be operated and maintained on the imprest
29 system, and no such fund shall exceed $10,000. The
30 Department is authorized to deposit the such money in a
31 locally held bank account. The Such funds to be expended
32 shall come from public donations, proceeds from the sale of
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1 flora and fauna no longer or not needed as evidence that were
2 purchased with investigative cash funds, and appropriations
3 to the Department for contractual services.
4 (Source: P.A. 87-798; 87-895.)
5 (20 ILCS 805/40-110 new)
6 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
7 Sec. 40-110. Statistics relating to fauna and flora.
8 The Department has the power 63a3. to collect and publish
9 statistics relating to the fauna and flora.
10 (Source: Laws 1967, p. 1088.)
11 (20 ILCS 805/40-115 new)
12 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
13 Sec. 40-115. Conservation information. The Department
14 has the power 63a4. to acquire and disseminate information
15 concerning the propagation and conservation of the fauna and
16 flora, and the activities of the Department and the
17 industries affected by conservation and propagation.
18 (Source: Laws 1967, p. 1088.)
19 (20 ILCS 805/40-120 new)
20 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
21 Sec. 40-120. Pollution prevention. The Department has
22 the power 63a5. to exercise all rights, powers, and duties
23 conferred by law and to take such measures that as are
24 necessary for the prevention of pollution of and engendering
25 of sanitary and wholesome conditions in rivers, lakes,
26 streams, and other waters in this State that as will promote,
27 protect, and conserve fauna and flora and to work in
28 conjunction with any other department of State government
29 that is as shall be proceeding to prevent stream and water
30 pollution.
31 (Source: Laws 1967, p. 1088.)
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1 (20 ILCS 805/40-125 new)
2 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
3 Sec. 40-125. Agreements with federal agencies. 63b1.
4 The Department has of Natural Resources shall have the power
5 and authority to enter into agreements with appropriate
6 federal agencies in order to better effect cooperative
7 undertakings in the conservation, preservation, distribution,
8 and propagation of fish, mussels, frogs, turtles, game, wild
9 animals, wild fowls, birds, trees, plants, and forests.
10 (Source: P.A. 89-445, eff. 2-7-96.)
11 (20 ILCS 805/40-130 new)
12 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
13 Sec. 40-130. Conservation of forests. The Department
14 has the power 63a8. to take such measures for the promotion
15 of planting, encouragement, protection, and conservation of
16 forests and to promote forestry in this State, including but
17 not limited to reforestation, woodland management, fire
18 management, and forest marketing and utilization, to exercise
19 the rights, powers, and duties in relation thereto that are
20 as may be conferred by law, to promote sound forestry
21 management as described by the "Illinois Forestry Development
22 Act", and to carry out the functions ascribed to the
23 Department by that Act.
24 (Source: P.A. 85-150.)
25 (20 ILCS 805/40-200 new)
26 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
27 Sec. 40-200. Property given in trust. The Department
28 has the power 63a13-1. to accept, hold, maintain, and
29 administer, as trustee, property given in trust for
30 educational, recreational, or historic purposes for the
31 benefit of the People of the State of Illinois and to dispose
32 of that such property pursuant to the terms of the instrument
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1 creating the trust.
2 (Source: Laws 1968, p. 148.)
3 (20 ILCS 805/40-205 new)
4 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
5 Sec. 40-205. Acquiring real property subject to life
6 estate. The Department has the power 63a29. to acquire, for
7 purposes authorized by law, any real property in fee simple
8 subject to a life estate in the seller in not more than 3
9 acres of the real property acquired, subject to the
10 restrictions that the life estate shall be used for
11 residential purposes only and that it shall be
12 non-transferable.
13 (Source: P.A. 79-332.)
14 (20 ILCS 805/40-210 new)
15 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
16 Sec. 40-210. Purchasing land for State parks. The
17 Department has the power 63a33. to purchase land for State
18 park purposes by contract for deed under the terms and
19 restrictions of Section 2 of the "An Act in relation to the
20 acquisition, control, maintenance, improvement and protection
21 of State Parks Act and nature preserves", approved June 26,
22 1925, as now or hereafter amended. The Such purchase
23 restrictions under that Act thereunder shall include and take
24 into consideration any purchases by contract for deed under
25 Sections 40-205, 40-215, 40-225, 40-230, and 40-255 63a10,
26 63a17, 63a18, 63a19 and 63a29 of this Act.
27 (Source: P.A. 81-554; 81-1509.)
28 (20 ILCS 805/40-215 new)
29 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
30 Sec. 40-215. Acquiring jurisdiction over federal
31 government lands. The Department has the power 63a17. to
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1 acquire jurisdiction by lease, purchase, contract, or
2 otherwise, over any lands held by or otherwise under the
3 jurisdiction of the federal government for the purpose of
4 carrying out any power or duty conferred upon the Department
5 and to locate, relocate, construct, and maintain roadways and
6 parking areas on those such lands and to supply all
7 facilities necessary for public use of the areas.
8 (Source: Laws 1967, p. 1088.)
9 (20 ILCS 805/40-220 new)
10 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
11 Sec. 40-220. Historic structures. The Department has
12 the power 63a34. to lease or purchase any lands or
13 structures for the purpose of restoring, renovating, and
14 maintaining structures of historic significance that which
15 are listed in the Illinois or National Register of Historic
16 Places for public use; to acquire all necessary property or
17 rights-of-way for the purpose of providing access to those
18 such structures; and to construct buildings or such other
19 facilities as the Department deems necessary or desirable for
20 maximum utilization of those such facilities for public use.
21 However, any structures obtained for the purpose of being
22 used as State office facilities shall be subject to the
23 authority of the Department of Central Management Services,
24 and any leases for those such facilities shall be negotiated
25 and executed by the Department of Central Management
26 Services.
27 (Source: P.A. 83-282.)
28 (20 ILCS 805/40-225 new)
29 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
30 Sec. 40-225. Conservation of natural or scenic
31 resources. The Department has the power 63a19. to acquire
32 the fee or any lesser interests, including scenic easements,
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1 in real property in order to preserve, through limitation of
2 future use, areas of great natural scenic beauty or areas
3 whose existing openness, natural condition, or present state
4 of use, if retained, would enhance the present or potential
5 value of abutting or surrounding recreational area
6 development, or would maintain or enhance the conservation of
7 natural or scenic resources.
8 (Source: Laws 1967, p. 1088.)
9 (20 ILCS 805/40-230 new)
10 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
11 Sec. 40-230. Developing recreational areas. The
12 Department has the power 63a18. to lease from individuals,
13 corporations, or any other form of private ownership, from
14 any municipality, public corporation, or political
15 subdivision of this State, or from the United States, any
16 lands or waters for the purpose of developing outdoor
17 recreational areas for public use and to acquire all
18 necessary property or rights-of-way, for the purposes of
19 ingress or egress to those such lands and waters, and to
20 construct buildings and other recreational facilities,
21 including roadways, bridges, and parking areas, that as the
22 Department deems necessary or desirable for maximum
23 utilization of recreational facilities for public use of the
24 areas.
25 (Source: Laws 1967, p. 1088.)
26 (20 ILCS 805/40-235 new)
27 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
28 Sec. 40-235. Lease of lands acquired by the Department;
29 disposition of obsolete buildings. The Department has the
30 power 63a6. to do and perform each and every act or thing
31 considered by the Director to be necessary or desirable to
32 fulfill and carry out the intent and purpose of all laws
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1 pertaining to the Department, of Natural Resources including
2 the right to rehabilitate or sell at public auction,
3 buildings or structures affixed to lands over which the
4 Department has acquired jurisdiction when in the judgment of
5 the Director those such buildings or structures are obsolete,
6 inadequate, or unusable for the purposes of the Department
7 and to lease those such lands with or without appurtenances
8 for a consideration in money or in kind for a period of time
9 not in excess of 5 years for the such purposes and upon the
10 such terms and conditions that as the Director considers to
11 be in the best interests of the State when those such lands
12 are not immediately to be used or developed by the State.
13 All those such sales shall be made subject to the written
14 approval of the Governor. The funds derived from those such
15 sales and from those such leases shall be deposited in the
16 State Parks Fund, except that funds derived from those such
17 sales and from those such leases on lands managed and
18 operated principally as wildlife or fisheries areas by the
19 Department of Natural Resources shall be deposited in the
20 Wildlife and Fish Fund.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 (20 ILCS 805/40-240 new)
23 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
24 Sec. 40-240. Sale of land affected by federal emergency
25 conservation work; work on privately owned land. 63b.
26 (a) The Department has of Natural Resources shall have
27 the power and authority for and on behalf of the State to
28 make contractual agreements with the federal government
29 providing that if, as a result of the emergency conservation
30 work done by the federal government on State, county, and
31 municipally owned land in Illinois, under the provisions of a
32 federal act entitled "An Act for the relief of unemployment
33 through the performance of useful public work, and for other
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1 purposes,", enacted by the 73rd Congress, the State derives a
2 direct profit from the sale of that such land or its
3 products, then that the proceeds will be divided equally
4 between the State of Illinois, and the federal government
5 until the State shall have paid for the work done at the rate
6 of $1.00 per man per day for the time spent on the such work
7 or projects, subject to a maximum of $3.00 per acre.
8 The Department's agreements with the U.S. Government may
9 include general indemnification provisions as required by
10 federal statutes for nonfederal sponsorship of a federally
11 authorized project.
12 (b) The Department may also assume responsibility for
13 the maintenance of work done on privately owned land either
14 by the owners of the land or otherwise and may by contract
15 with the owners reserve the right to remove any structures or
16 other things of removable value resulting from the work,
17 including products of trees planted, the such removal to be
18 without compensation to the landowner.
19 (Source: P.A. 89-445, eff. 2-7-96.)
20 (20 ILCS 805/40-245 new)
21 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
22 Sec. 40-245. Disposition of State park lands. 63b2.1.
23 The Department of Natural Resources shall not dispose of any
24 portion of a State park except as specifically authorized by
25 law. This prohibition shall not restrict the Department from
26 conveyance of easements and other lesser interests in land.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 805/40-250 new)
29 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
30 Sec. 40-250. Leases for strategic military sites. The
31 Department has the power 63a20. to lease lands over which the
32 Department has jurisdiction to the United States Army for use
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1 as strategic military sites for a period not to exceed 10
2 years. All such leases, for whatever period, shall be subject
3 to the written approval of the Governor.
4 (Source: Laws 1967, p. 1088.)
5 (20 ILCS 805/40-255 new)
6 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
7 Sec. 40-255. Transfers to other State agency or federal
8 government; acquisition of federal lands. The Department has
9 the power 63a10. to transfer jurisdiction of or exchange any
10 realty under the control of the Department to any other
11 department of the State government, or to any agency of the
12 federal government, or to acquire or accept federal lands,
13 when the such transfer, exchange, acquisition, or acceptance
14 is advantageous to the State and is approved in writing by
15 the Governor.
16 (Source: Laws 1967, p. 1088.)
17 (20 ILCS 805/40-260 new)
18 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
19 Sec. 40-260. Licenses and rights of way for public
20 services. The Department has the power 63a7. to grant
21 licenses and rights-of-way within the areas controlled by the
22 Department for the construction, operation, and maintenance
23 upon, under, or across the such property, of facilities for
24 water, sewage, telephone, telegraph, electric, gas, or other
25 public service, subject to such terms and conditions as may
26 be determined by the Department.
27 (Source: Laws 1967, p. 1088.)
28 (20 ILCS 805/40-265 new)
29 (was 20 ILCS 805/63a39)
30 Sec. 40-265. Public utility easement on Tunnel Hill
31 Bicycle Trail. The Department has the power 63a39. to grant
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1 a public utility easement in the Saline Valley Conservance
2 District on the Tunnel Hill Bicycle Trail for construction
3 and maintenance of a waterline, subject to such terms and
4 conditions as may be determined by the Department.
5 (Source: P.A. 88-369.)
6 (20 ILCS 805/40-270 new)
7 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
8 Sec. 40-270. Surplus agricultural products. The
9 Department has the power 63a26. to sell or exchange surplus
10 agricultural products grown on land owned by or under the
11 jurisdiction of the Department, when those such products
12 cannot be used by the Department.
13 (Source: P.A. 83-1374; 83-1486.)
14 (20 ILCS 805/40-275 new)
15 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
16 Sec. 40-275. Sale of 63a27. To sell gravel and other
17 materials. The Department has the power to sell gravel, sand,
18 earth, or other material from any State of Illinois owned
19 lands or waters under the jurisdiction of the Department at a
20 fair market price. The proceeds from the such sales shall be
21 deposited into in the Wildlife and Fish Fund in the State
22 treasury.
23 (Source: P.A. 90-372, eff. 7-1-98.)
24 (20 ILCS 805/40-300 new)
25 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
26 Sec. 40-300. Public accommodation, educational, and
27 service facilities. The Department has the power 63a21. to
28 develop and operate public accommodation, educational, and
29 service facilities on lands over which the Department has
30 jurisdiction, and to lease lands over which the Department
31 has jurisdiction to persons or public or private corporations
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1 for a period not to exceed 99 years for the construction,
2 maintenance, and operation of public accommodation,
3 educational, and service facilities. Those Such public
4 accommodation, educational, and service facilities include,
5 but are not limited to, marinas, overnight housing
6 facilities, tent and trailer camping facilities, recreation
7 facilities, food service facilities, and similar
8 accommodations. With respect to lands leased from the federal
9 government or any agency of the federal government thereof,
10 the Department may sub-lease those such lands for a period
11 not to exceed the time of duration of the federal lease with
12 the same renewal options that are contained in the federal
13 lease. All such leases or sub-leases, for whatever period,
14 shall be made subject to the written approval of the
15 Governor.
16 (Source: P.A. 84-984.)
17 (20 ILCS 805/40-305 new)
18 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
19 Sec. 40-305. 63a23. Campsites and housing facilities.
20 The Department has the power to provide facilities for
21 overnight tent and trailer camp sites and to provide suitable
22 housing facilities for student and juvenile overnight camping
23 groups. The Department of Natural Resources may regulate, by
24 administrative order, the fees to be charged for tent and
25 trailer camping units at individual park areas based upon the
26 facilities available. However, for campsites with access to
27 showers or electricity, any Illinois resident who is age 62
28 or older or has a Class 2 disability as defined in Section 4A
29 of the Illinois Identification Card Act shall be charged only
30 one-half of the camping fee charged to the general public
31 during the period Monday through Thursday of any week and
32 shall be charged the same camping fee as the general public
33 on all other days. For campsites without access to showers
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1 or electricity, no camping fee authorized by this Section
2 shall be charged to any resident of Illinois who has a Class
3 2 disability as defined in Section 4A of the Illinois
4 Identification Card Act. For campsites without access to
5 showers or electricity, no camping fee authorized by this
6 Section shall be charged to any resident of Illinois who is
7 age 62 or older for the use of a camp site unit during the
8 period Monday through Thursday of any week. No camping fee
9 authorized by this Section shall be charged to any resident
10 of Illinois who is a disabled veteran or a former prisoner of
11 war, as defined in Section 5 of the Department of Veterans
12 Affairs Act. Nonresidents shall be charged the same fees as
13 are authorized for the general public regardless of age. The
14 Department shall provide by regulation for suitable proof of
15 age, or either a valid driver's license or a "Golden Age
16 Passport" issued by the federal government shall be
17 acceptable as proof of age. The Department shall further
18 provide by regulation that notice of these such reduced
19 admission fees be posted in a conspicuous place and manner.
20 Reduced fees authorized in this Section shall not apply
21 to any charge for utility service.
22 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
23 (20 ILCS 805/40-310 new)
24 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
25 Sec. 40-310. Lease of campsite facilities from State
26 Parks Revenue Bond Commission. The Department has the power
27 63a24. to lease from the State Parks Revenue Bond Commission
28 any facilities for overnight tent and trailer campsites
29 constructed by the Commission that the Department may
30 consider desirable or necessary for the efficient operation
31 of the State Parks System. The income collected from these
32 such operations shall be deposited in the State Parks Revenue
33 Bond Fund.
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1 (Source: Laws 1967, p. 1088.)
2 (20 ILCS 805/40-315 new)
3 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
4 Sec. 40-315. Cash incentives for concession complexes.
5 The Department has the power 63a21.2. to offer a cash
6 incentive not to exceed 35% of the total documented costs to
7 a qualified bidder for the development, construction, and
8 supervision by the such bidder of any concession complex,
9 including but not limited to resort hotels, park lodges,
10 marinas, golf courses, recreational developments, and
11 ancillary or support facilities pertinent thereto, on any
12 property leased to or under the jurisdiction of the
13 Department; provided, however, that all contracts utilizing
14 the State cash incentive program pursuant to this Section
15 shall be subject to public bidding and to the written
16 approval of the Governor. Prior to approval by the Governor,
17 the Department shall give reasonable public notice and
18 conduct a public hearing in a community close to the proposed
19 project.
20 (Source: P.A. 85-699; 86-1189.)
21 (20 ILCS 805/40-320 new)
22 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
23 Sec. 40-320. Cash incentive for concession complex at
24 Fort Massac State Park. The Department has the power
25 63a21.3. To offer a cash incentive not to exceed $400,000,
26 excluding land value, to a qualified bidder for the
27 development, construction, and supervision by the such bidder
28 of a concession complex at Fort Massac State Park, including
29 but not limited to a water recreational park, recreational
30 developments, and ancillary or support facilities pertinent
31 thereto, on any property leased to or under the jurisdiction
32 of the Department; provided, however, that all contracts
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1 utilizing the State cash incentive program pursuant to this
2 Section shall be subject to public bidding and to the written
3 approval of the Governor. Prior to approval by the Governor,
4 the Department shall give reasonable public notice and
5 conduct a public hearing in a community close to the proposed
6 project.
7 (Source: P.A. 84-1316.)
8 (20 ILCS 805/40-325 new)
9 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
10 Sec. 40-325. Public boat launching facilities;
11 artificial water impoundments. The Department has the power
12 63a25. to cooperate and contract with municipalities,
13 counties, or other local governmental units to construct and
14 operate public boat launching facilities on the public waters
15 of this State and to build roads and parking areas in
16 connection therewith and to participate with all such
17 governmental units in planning and constructing artificial
18 water impoundments for recreational purposes.
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/40-330 new)
21 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
22 Sec. 40-330. Lease of concessions. The Department has
23 the power 63a14. to lease concessions on any property under
24 the jurisdiction of the Department of Natural Resources for a
25 period not exceeding 25 years. All such leases, for whatever
26 period, shall be made subject to the written approval of the
27 Governor. All concession leases executed after January 1,
28 1982, extending for a period in excess of 10 years, shall
29 will contain provisions for the Department to participate, on
30 a percentage basis, in the revenues generated by any
31 concession operation.
32 The Department of Natural Resources is authorized to
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1 allow for provisions for a reserve account and a leasehold
2 account included within departmental concession lease
3 agreements for the purpose of setting aside revenues for the
4 maintenance, rehabilitation, repair, improvement, and
5 replacement of the concession facility, structure, and
6 equipment of the Department that of Natural Resources which
7 are a part of the leased premises.
8 The leasehold account shall allow for the amortization of
9 certain authorized expenses that are incurred by the
10 concession lessee, but that which are not an obligation of
11 the lessee under the terms and conditions of the lease
12 agreement. The Department of Natural Resources may allow a
13 reduction of up to 50% of the monthly rent due for the
14 purpose of enabling the recoupment of the lessee's authorized
15 expenditures during the term of the lease.
16 The lessee shall be required to pay into the reserve
17 account a percentage of gross receipts, as set forth in the
18 lease, to be set aside and expended in a manner acceptable to
19 the Department by the concession lessee for the purpose of
20 ensuring that an appropriate amount of the lessee's monies
21 are provided by the lessee to satisfy the lessee's incurred
22 responsibilities for the operation of the concession facility
23 under the terms and conditions of the concession lease.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 805/40-335 new)
26 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
27 Sec. 40-335. 63a21.1. Fees. The Department has the power
28 to assess appropriate and reasonable fees for the use of
29 concession type facilities as well as other facilities and
30 sites under the jurisdiction of the Department of Natural
31 Resources. The Department may regulate, by rule, the fees to
32 be charged. The income collected shall be deposited into in
33 the State Parks Park Fund or Wildlife and Fish Fund depending
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1 on the classification of the State managed facility involved.
2 (Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)
3 (20 ILCS 805/40-400 new)
4 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
5 Sec. 40-400. Rental of watercraft. The Department has
6 the power 63a22. to provide rowboats and other watercraft for
7 daily rental at a reasonable fee at any of the State parks,
8 public hunting areas, public fishing areas, or other
9 properties of the Department of Natural Resources where those
10 such boating facilities are considered feasible.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 805/40-405 new)
13 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
14 Sec. 40-405. Sale of publications and craft items. The
15 Department has the power 63a30. to cooperate with private
16 organizations and agencies of the State of Illinois by
17 providing areas and the use of staff personnel where feasible
18 for the sale of publications on the natural and cultural
19 heritage of the State and craft items made by Illinois
20 craftsmen. The Such sales shall not conflict with existing
21 concession agreements. The Department is authorized to
22 negotiate with those such organizations and agencies for a
23 portion of the monies received from sales to be returned to
24 the Department's State Parks Fund for the furtherance of
25 interpretive and restoration programs.
26 (Source: P.A. 79-332; 79-847; 79-1454.)
27 (20 ILCS 805/40-410 new)
28 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
29 Sec. 40-410. Local bank accounts. The Department has
30 the power 63a32. to establish local bank or savings and loan
31 association accounts, upon the written authorization of the
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1 Director, to temporarily hold income received at any of its
2 properties. Such Local accounts established pursuant to this
3 Section shall be in the name of the Department of Natural
4 Resources and shall be subject to regular audits. The
5 balance in a local bank or savings and loan association
6 account shall be forwarded to the Department of Natural
7 Resources for deposit with the State Treasurer on Monday of
8 each week if the amount to be deposited in a fund exceeds
9 $500.
10 No bank or savings and loan association shall receive
11 public funds as permitted by this Section, unless it has
12 complied with the requirements established pursuant to
13 Section 6 of the Public Funds Investment Act "An Act relating
14 to certain investments of public funds by public agencies",
15 approved July 23, 1943, as now or hereafter amended.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (20 ILCS 805/40-420 new)
18 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
19 Sec. 40-420. Appropriations from Park and Conservation
20 Fund. The Department has the power 63a36. to expend monies
21 appropriated to the Department of Natural Resources from the
22 Park and Conservation Fund in the State treasury for
23 conservation and park purposes.
24 All revenue derived from fees paid for certificates of
25 title, duplicate certificates of title and corrected
26 certificates of title and deposited in the Park and
27 Conservation Fund, as provided for in Section 2-119 of the
28 Illinois Vehicle Code, shall be expended solely by the
29 Department of Natural Resources pursuant to an appropriation
30 for acquisition, development, and maintenance of bike paths,
31 including grants for the acquisition and development of bike
32 paths.
33 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 805/40-425 new)
2 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
3 Sec. 40-425. Purchase of advertising. 63b2.3. The
4 Department of Natural Resources has the power and authority
5 to purchase advertising for the purpose of education programs
6 concerning conservation.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 805/40-430 new)
9 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
10 Sec. 40-430. Sale of advertising. 63b2.4. The
11 Department of Natural Resources has the power and authority
12 to sell or exchange advertising rights in its publications
13 and printed materials. The sale of advertising shall be
14 subject to the rules and regulations promulgated by the
15 Department. All income received from the sale of advertising
16 shall be deposited in the Wildlife and Fish Fund, except that
17 income received from advertising in State Park brochures
18 shall be deposited into the State Parks Fund and income
19 received from advertising in boating or snowmobile program
20 literature shall be deposited in the State Boating Act Fund.
21 (Source: P.A. 88-130; 89-445, eff. 2-7-96.)
22 (20 ILCS 805/40-435 new)
23 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
24 Sec. 40-435. Office of Conservation Resource Marketing.
25 63b2.5. The Department of Natural Resources shall maintain
26 an Office of Conservation Resource Marketing. The Office
27 shall conduct a program for marketing and promoting the use
28 of conservation resources in Illinois with emphasis on
29 recreation and tourism facilities. The Such Office shall
30 coordinate its tourism promotion efforts with local community
31 events and shall include a field staff which shall work with
32 the Department of Commerce and Community Affairs and local
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1 officials to coordinate State and local activities for the
2 purpose of expanding tourism and local economies. The Office
3 shall develop, review, and coordinate brochures and
4 information pamphlets for promoting the use of conservation
5 resources. The Office shall conduct marketing research to
6 identify organizations and target populations that which can
7 be encouraged to use Illinois recreation facilities for group
8 events and the many tourist sites.
9 The Director of Natural Resources shall submit an annual
10 report to the Governor and the General Assembly summarizing
11 the Office's its activities and including its recommendations
12 for improving the Department's tourism promotion and
13 marketing programs for conservation resources.
14 (Source: P.A. 89-445, eff. 2-7-96.)
15 (20 ILCS 805/40-500 new)
16 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
17 Sec. 40-500. Transfer from Department of Public Works
18 and Buildings. The Department has the power 63a12. to
19 exercise the rights, powers, and duties vested by law in the
20 Department of Public Works and Buildings as the successor of
21 the following agencies, their officers and employees: the
22 Illinois Park Commission, the Lincoln Homestead trustees, and
23 the board of commissioners of and for the Lincoln Monument
24 grounds.
25 (Source: Laws 1967, p. 1088.)
26 (20 ILCS 805/40-505 new)
27 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
28 Sec. 40-505. Transfer from Illinois Bicentennial
29 Commission. The Department has the power 63a31. to exercise
30 the rights, powers, and duties of the Illinois Bicentennial
31 Commission under the "Illinois Bicentennial Commission Act",
32 approved August 2, 1972 (repealed) , as amended. All books,
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1 records, equipment, and other property held by or in the
2 custody of Illinois Bicentennial Commission shall be
3 transferred to the Department of Natural Resources (formerly
4 designated the Department of Conservation), which shall be
5 the successor agency to the Commission. Every person or
6 legal entity who entered into any agreement with the Illinois
7 Bicentennial Commission shall be subject to the same
8 obligations and duties and shall have the same rights as if
9 that person or legal entity had entered in the agreement with
10 the Department of Natural Resources.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 805/40-510 new)
13 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
14 Sec. 40-510. Public monuments and memorials. The
15 Department has the power 63a13. to erect, supervise, and
16 maintain all public monuments and memorials erected by the
17 State on properties under the jurisdiction of the Department
18 of Natural Resources, except when the supervision and
19 maintenance of a monument or memorial thereof is otherwise
20 provided by law. Under the power granted by this Section the
21 Department shall (i) provide a site in Rock Cut State Park
22 for the Winnebago County Vietnam Veterans' Memorial; and (ii)
23 allow the Vietnam Veterans' Honor Society to erect the
24 Memorial of an agreed design.
25 (Source: P.A. 90-372, eff. 7-1-98.)
26 (20 ILCS 805/40-515 new)
27 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
28 Sec. 40-515. Enforcement of laws and regulations. The
29 Department has the power 63a28. to enforce the laws of the
30 State and the rules and regulations of the Department in or
31 on any lands owned, leased, or managed by the Department and
32 any lands that are dedicated as a nature preserve or buffer
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1 area under the "Illinois Natural Areas Preservation Act", as
2 now or hereafter amended.
3 (Source: P.A. 82-445.)
4 (20 ILCS 805/40-520 new)
5 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
6 Sec. 40-520. Operation of motorboats. The Department
7 has the power 63a11. to enforce the provisions of "An Act
8 regulating the operation of motorboats", approved July 18,
9 1947 (repealed).
10 (Source: Laws 1967, p. 1088.)
11 (20 ILCS 805/40-525 new)
12 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
13 Sec. 40-525. Regulation of boats on lakes. The
14 Department has the power 63a15. to designate the size, type,
15 and kind of boats that may be used on lakes owned and
16 operated by the Department and to charge a reasonable annual
17 service, usage, or rental fee for the use of privately owned
18 boats on those such lakes.
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/40-530 new)
21 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
22 Sec. 40-530. Agents' entry on lands and waters. 63a9.
23 The officers, employees, and agents of the Department of
24 Natural Resources, for the purposes of investigation and to
25 exercise the rights, powers, and duties vested and that may
26 be vested in it, may enter and cross all lands and waters in
27 this State, doing no damage to private property.
28 (Source: P.A. 89-445, eff. 2-7-96.)
29 (20 ILCS 805/40-535 new)
30 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
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1 Sec. 40-535. Conservation Police Officers. 63b2.2. In
2 addition to the arrest powers prescribed by law, Conservation
3 Police Officers are conservators of the peace and as such
4 have all powers possessed by policemen, except that they may
5 exercise those such powers anywhere in this State.
6 Conservation Police Officers acting under the authority of
7 this Section are considered employees of the Department and
8 are subject to its direction, benefits, and legal protection.
9 (Source: P.A. 83-483.)
10 (20 ILCS 805/40-540 new)
11 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
12 Sec. 40-540. Enforcement of adjoining state's laws.
13 63b2.6. The Director of Natural Resources may grant
14 authority to the officers of any adjoining state who are
15 authorized and directed to enforce the laws of that state
16 relating to the protection of flora and fauna to take any of
17 the following actions and have the following powers within
18 the State of Illinois:
19 (1) To follow, seize, and return to the adjoining
20 state any flora or fauna or part thereof shipped or taken
21 from the adjoining state in violation of the laws of that
22 state and brought into this State.
23 (2) To dispose of any such flora or fauna or part
24 thereof under the supervision of an Illinois Conservation
25 Police Officer.
26 (3) To enforce as an agent of this State, with the
27 same powers as an Illinois Conservation Police Officer,
28 each of the following laws of this State:
29 (i) The Illinois Endangered Species Protection
30 Act. ;
31 (ii) The Fish and Aquatic Life Code. ;
32 (iii) The Wildlife Code. ;
33 (iv) The Wildlife Habitat Management Areas
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1 Act. ;
2 (v) The Hunter Interference Prohibition Act. ;
3 (vi) The Illinois Non-Game Wildlife Protection
4 Act. ;
5 (vii) The Ginseng Harvesting Act. ;
6 (viii) The State Forest Act. ;
7 (ix) The Forest Products Transportation Act. ;
8 (x) The Timber Buyers Licensing Act. .
9 Any officer of an adjoining state acting under a power or
10 authority granted by the Director of Natural Resources
11 pursuant to this Section shall act without compensation or
12 other benefits from this State and without this State having
13 any liability for the acts or omissions of that officer.
14 (Source: P.A. 89-445, eff. 2-7-96.)
15 (20 ILCS 1005/Art. 45 heading new)
16 ARTICLE 45. DEPARTMENT OF EMPLOYMENT SECURITY
17 (20 ILCS 1005/45-1 new)
18 Sec. 45-1. Article short title. This Article 45 of the
19 Civil Administrative Code of Illinois may be cited as the
20 Department of Employment Security Law.
21 (20 ILCS 1005/45-5 new)
22 Sec. 45-5. Definitions. In this Law:
23 "Department" means the Department of Employment Security.
24 "Director" means the Director of Employment Security.
25 (20 ILCS 1005/45-10 new)
26 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
27 Sec. 45-10 Powers, generally. 43a. The Department of
28 Employment Security has the powers enumerated in the
29 following Sections 43a.01 to 43a.12.
30 (Source: P.A. 84-1430.)
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1 (20 ILCS 1005/45-15 new)
2 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
3 Sec. 45-15. Employment opportunities. The Department
4 has the power 43a.02. to advance opportunities for
5 profitable employment.
6 (Source: P.A. 83-1503.)
7 (20 ILCS 1005/45-20 new)
8 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
9 Sec. 45-20. Statistical details of manufacturing
10 industries and commerce. The Department has the power
11 43a.04. to collect, collate, assort, systematize, and report
12 statistical details of the manufacturing industries and
13 commerce of the State.
14 (Source: P.A. 83-1503.)
15 (20 ILCS 1005/45-25 new)
16 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
17 Sec. 45-25. Labor information. The Department has the
18 power 43a.05. to acquire and diffuse useful information on
19 subjects connected with labor in the most general and
20 comprehensive sense of that word.
21 (Source: P.A. 83-1503.)
22 (20 ILCS 1005/45-30 new)
23 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
24 Sec. 45-30. Statistical details relating to departments
25 of labor. The Department has the power 43a.03. to collect,
26 collate, assort, systematize, and report statistical details
27 relating to all departments of labor, especially in its
28 relation to commercial, industrial, social, educational, and
29 sanitary conditions, and to the permanent prosperity of the
30 manufacturing and productive industries.
31 (Source: P.A. 83-1503.)
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1 (20 ILCS 1005/45-35 new)
2 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
3 Sec. 45-35. General conditions of leading industries.
4 The Department has the power 43a.07. to acquire information
5 and report upon the general conditions, so far as production
6 is concerned, of the leading industries of the State.
7 (Source: P.A. 83-1503.)
8 (20 ILCS 1005/45-40 new)
9 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
10 Sec. 45-40. Conditions of employment. The Department
11 has the power 43a.08. to acquire and diffuse information as
12 to the conditions of employment, and such other facts that as
13 may be deemed of value to the industrial interests of the
14 State.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-45 new)
17 (was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06)
18 Sec. 45-45. Prosperity of laboring men and women. The
19 Department has the power 43a.06. to acquire and diffuse
20 among the people useful information concerning the means of
21 promoting the material, social, intellectual, and moral
22 prosperity of laboring men and women.
23 (Source: P.A. 83-1503.)
24 (20 ILCS 1005/45-50 new)
25 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
26 Sec. 45-50. Welfare of wage earners. The Department has
27 the power 43a.11. to foster, promote, and develop the
28 welfare of wage earners.
29 (Source: P.A. 83-1503.)
30 (20 ILCS 1005/45-75 new)
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1 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
2 Sec. 45-75. Jobs for summer employment of youth. The
3 Department has the power 43a.12. to make available through
4 its the offices of the Department of Employment Security a
5 listing of all jobs available in each area for the summer
6 employment of youth.
7 (Source: P.A. 84-1430.)
8 (20 ILCS 1005/45-100 new)
9 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
10 Sec. 45-100. 43a.01. Public employment offices. The
11 Department has the power to exercise the rights, powers, and
12 duties vested by law in the general advisory board of public
13 employment offices, local advisory boards of public
14 employment offices, and other officers and employees of
15 public employment offices.
16 (Source: P.A. 90-372, eff. 7-1-98.)
17 (20 ILCS 1005/45-105 new)
18 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
19 Sec. 45-105. 43a.09. Administration of Unemployment
20 Insurance Act. The Department has the power to administer
21 the provisions of the Unemployment Insurance Act insofar as
22 those provisions relate to the powers and duties of the
23 Director of the Department of Employment Security.
24 (Source: P.A. 90-372, eff. 7-1-98.)
25 (20 ILCS 1005/45-110 new)
26 (was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
27 Sec. 45-110. Board of Review. 44a. The Board of Review
28 in the Department of Employment Security shall exercise all
29 powers and be subject to all duties conferred or imposed upon
30 the said Board by the provisions of the Unemployment
31 Insurance Compensation Act, enacted by the Sixtieth General
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1 Assembly, and by all amendments thereto or modifications
2 thereof, in its own name, and without any direction,
3 supervision, or control by the Director of Employment
4 Security.
5 (Source: P.A. 83-1503.)
6 (20 ILCS 1005/45-115 new)
7 (was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
8 Sec. 45-115. Transfer of lands to other State agency;
9 acquisition of federal lands. The Department has the power
10 43a.10. to transfer jurisdiction of any realty under the
11 control of the Department to any other department of the
12 State government, or to acquire or accept federal lands, when
13 the such transfer, acquisition, or acceptance is advantageous
14 to the State and is approved in writing by the Governor.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-120 new)
17 (was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
18 Sec. 45-120. Contracts for payment of compensation to
19 Department. The Department has the power 43a.13. to enter
20 into contracts that which may provide for payment of
21 negotiated royalties, licensing fees, or other compensation
22 to the Department.
23 (Source: P.A. 87-1178.)
24 (20 ILCS 1005/45-130 new)
25 (was 20 ILCS 1005/43a.14)
26 Sec. 45-130. 43a.14. Exchange of information for child
27 support enforcement.
28 (a) The Department has the power to exchange with the
29 Illinois Department of Public Aid information that may be
30 necessary for the enforcement of child support orders entered
31 pursuant to the Illinois Public Aid Code, the Illinois
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1 Marriage and Dissolution of Marriage Act, the Non-Support of
2 Spouse and Children Act, the Revised Uniform Reciprocal
3 Enforcement of Support Act, the Uniform Interstate Family
4 Support Act, or the Illinois Parentage Act of 1984.
5 (b) Notwithstanding any provisions in the Civil
6 Administrative this Code of Illinois to the contrary, the
7 Department of Employment Security shall not be liable to any
8 person for any disclosure of information to the Illinois
9 Department of Public Aid under subsection (a) or for any
10 other action taken in good faith to comply with the
11 requirements of subsection (a).
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 (20 ILCS 1005/45-150 new)
14 (was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
15 Sec. 45-150. Transfer from Department of Labor, Bureau
16 of Employment Security. 34.2. The Department of Employment
17 Security shall assume all rights, powers, duties, and
18 responsibilities of the Department of Labor, Bureau of
19 Employment Security as the successor to that Bureau. The
20 Bureau of Employment Security in the Department of Labor is
21 hereby abolished.
22 Personnel, books, records, papers, documents, property,
23 real and personal, unexpended appropriations, and pending
24 business in any way pertaining to the former Department of
25 Labor, Bureau of Employment Security are transferred to the
26 Department of Employment Security, but any rights of
27 employees or the State under the "Personnel Code" or any
28 other contract or plan shall be unaffected by this transfer
29 hereby. No rule or regulation promulgated by the Department
30 of Labor pursuant to an exercise of any right, power, duty,
31 or responsibility transferred to the Department of Employment
32 Security shall be affected by this amendatory Act of 1984,
33 and all those such rules and regulations shall become the
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1 rules and regulations of the Department of Employment
2 Security.
3 (Source: P.A. 83-1503.)
4 (20 ILCS 1405/Art. 55 heading new)
5 ARTICLE 55. DEPARTMENT OF INSURANCE
6 (20 ILCS 1405/55-1 new)
7 Sec. 55-1. Article short title. This Article 55 of the
8 Civil Administrative Code of Illinois may be cited as the
9 Department of Insurance Law.
10 (20 ILCS 1405/55-5 new)
11 (was 20 ILCS 1405/56) (from Ch. 127, par. 56)
12 Sec. 55-5. General powers. 56. The Department of
13 Insurance has the following powers shall have power:
14 (1) 1. To exercise the rights, powers, and duties
15 vested by law in the insurance superintendent and the
16 superintendent's, his officers and employes.;
17 (2) 2. To exercise the rights, powers, and duties
18 that which have been vested by law in the Department of
19 Trade and Commerce as the successor of the insurance
20 superintendent and the superintendent's, his officers and
21 employes.;
22 (3) 3. To exercise the rights, powers, and duties
23 heretofore vested by law in the Department of Trade and
24 Commerce, or in the Director of Trade and Commerce, by:
25 (A) all laws in relation to insurance; and
26 (B) Article 22 of the "Illinois Pension
27 Code.", approved March 18, 1963, as amended;
28 (4) 4. To execute and administer all laws
29 heretofore or hereafter enacted, relating to insurance.
30 (5) 5. To transfer jurisdiction of any realty under
31 the control of the Department to any other department of
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1 the State Government, or to acquire or accept federal
2 lands, when the such transfer, acquisition, or acceptance
3 is advantageous to the State and is approved in writing
4 by the Governor.
5 (Source: P.A. 83-333.)
6 (20 ILCS 1405/55-10 new)
7 (was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
8 Sec. 55-10. 56.1. Child health insurance plan study.
9 The Department of Insurance shall cooperate with and provide
10 consultation to the Department of Public Health in studying
11 the feasibility of a child health insurance plan as provided
12 in Section 90-275 55.61 of the Department of Public Health
13 Powers and Duties Law (20 ILCS 2310/90-275) this Code.
14 (Source: P.A. 87-252.)
15 (20 ILCS 1405/55-15 new)
16 (was 20 ILCS 1405/56.2)
17 Sec. 55-15. 56.2. Senior citizen assistance and
18 information program.
19 (a) The Department of Insurance shall administer and
20 operate a program to provide assistance and information to
21 senior citizens in relation to insurance matters. The
22 program may include, but is not limited to, counseling for
23 senior citizens in the evaluation, comparison, or selection
24 of medicare options, medicare supplement insurance, and
25 long-term care insurance.
26 (b) The Department shall recruit and train volunteers to
27 provide the following:
28 (i) one-on-one counseling on insurance matters; and
29 (ii) education on insurance matters to senior
30 citizens through public forums.
31 (c) The Department shall solicit the volunteers for
32 their input and advice on the success and accessibility of
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1 the program.
2 (d) The Department shall strive to assure that all
3 seniors residing in Illinois have access to the program.
4 (e) The Department of Insurance may promulgate
5 reasonable rules necessary to implement this Section.
6 (Source: P.A. 89-224, eff. 1-1-96.)
7 (20 ILCS 1505/Art. 60 heading new)
8 ARTICLE 60. DEPARTMENT OF LABOR
9 (20 ILCS 1505/60-1 new)
10 Sec. 60-1. Article short title. This Article 60 of the
11 Civil Administrative Code of Illinois may be cited as the
12 Department of Labor Law.
13 (20 ILCS 1505/60-5 new)
14 Sec. 60-5. Definition. In this Law, "Department" means
15 the Department of Labor.
16 (20 ILCS 1505/60-10 new)
17 (was 20 ILCS 1505/43) (from Ch. 127, par. 43)
18 Sec. 60-10. Powers, generally. 43. The Department of
19 Labor has the powers enumerated in the following Sections
20 43.01 to 43.21, each inclusive.
21 (Source: P.A. 86-610.)
22 (20 ILCS 1505/60-15 new)
23 (was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
24 Sec. 60-15. Welfare of wage earners. The Department has
25 the power 43.07. to foster, promote, and develop the welfare
26 of wage earners.
27 (Source: Laws 1953, p. 1442.)
28 (20 ILCS 1505/60-20 new)
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1 (was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
2 Sec. 60-20. Prosperity of laboring men and women;
3 progress of women and minorities.
4 (a) The Department has the power 43.13. to acquire and
5 diffuse among the people useful information concerning the
6 means of promoting the material, social, intellectual, and
7 moral prosperity of laboring men and women.
8 (b) The Department shall monitor the employment progress
9 of women and minorities in the work force, including access
10 to the public sector, the private sector, labor unions, and
11 collective bargaining units. This information shall be
12 provided to the General Assembly in the form of an annual
13 report no later than April 1 of each year.
14 (Source: P.A. 87-405.)
15 (20 ILCS 1505/60-25 new)
16 (was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
17 Sec. 60-25. Opportunities for profitable employment.
18 The Department has the power 43.09. to advance opportunities
19 for profitable employment.
20 (Source: Laws 1953, p. 1442.)
21 (20 ILCS 1505/60-30 new)
22 (was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
23 Sec. 60-30. Improving working conditions. The
24 Department has the power 43.08. to improve working
25 conditions.
26 (Source: Laws 1953, p. 1442.)
27 (20 ILCS 1505/60-35 new)
28 (was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
29 Sec. 60-35. Statistical details relating to departments
30 of labor. The Department has the power 43.10. to collect,
31 collate, assort, systematize, and report statistical details
-239- LRB9009239DJcd
1 relating to all departments of labor, especially in its
2 relation to commercial, industrial, social, educational, and
3 sanitary conditions, and to the permanent prosperity of the
4 manufacturing and productive industries.
5 (Source: Laws 1953, p. 1442.)
6 (20 ILCS 1505/60-40 new)
7 (was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
8 Sec. 60-40. Information on subjects connected with
9 labor. The Department has the power 43.12. to acquire and
10 diffuse useful information on subjects connected with labor
11 in the most general and comprehensive sense of that word.
12 (Source: Laws 1953, p. 1442.)
13 (20 ILCS 1505/60-45 new)
14 (was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
15 Sec. 60-45. Migrant agricultural labor. The Department
16 has the power 43.15a. to study the nature and extent of the
17 labor and employment problems of migrant agricultural labor,
18 with particular attention to its differences from the
19 problems of resident agricultural labor.
20 (Source: P.A. 77-1734.)
21 (20 ILCS 1505/60-50 new)
22 (was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
23 Sec. 60-50. Prevention of accidents and occupational
24 diseases. The Department has the power 43.16 to acquire and
25 diffuse information in relation to the prevention of
26 accidents, occupational diseases, and other related subjects.
27 (Source: Laws 1953, p. 1442.)
28 (20 ILCS 1505/60-120 new)
29 (was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
30 Sec. 60-120. Act in relation to payment of wages. The
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1 Department has the power 43.17. to exercise the rights,
2 powers, and duties vested by law in the Department of Labor
3 under "An Act in relation to the payment of wages due
4 employees from their employers in certain cases, to provide
5 for the enforcement thereof through the Department of Labor,
6 and to prescribe penalties for the violation thereof",
7 approved July 9, 1937 (repealed), as amended.
8 (Source: Laws 1953, p. 1442.)
9 (20 ILCS 1505/60-150 new)
10 (was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
11 Sec. 60-150. Complaints by child care facility
12 employees. The Department has the power 43.20. to
13 investigate complaints, hold hearings, make determinations,
14 and take other actions with respect to complaints against
15 employers filed by employees of child care facilities
16 pursuant to Section 7.2 of the Child Care Act of 1969.
17 (Source: P.A. 85-987.)
18 (20 ILCS 1505/60-200 new)
19 (was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
20 Sec. 60-200. Criminal history record information. 43.21.
21 Whenever the Department is authorized or required by law to
22 consider some aspect of criminal history record information
23 for the purpose of carrying out its statutory powers and
24 responsibilities, then, upon request and payment of fees in
25 conformance with the requirements of subsection 22 of Section
26 100-400 55a of the Department of State Police Law (20 ILCS
27 2605/100-400) "The Civil Administrative Code of Illinois",
28 the Department of State Police is authorized to furnish,
29 pursuant to positive identification, any such information
30 contained in State files that as is necessary to fulfill the
31 request.
32 (Source: P.A. 86-610.)
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1 (20 ILCS 1710/Art. 65 heading new)
2 ARTICLE 65. DEPARTMENT OF HUMAN SERVICES
3 (AS SUCCESSOR TO DEPARTMENT OF
4 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
5 (20 ILCS 1710/65-1 new)
6 Sec. 65-1. Article short title. This Article 65 of the
7 Administrative Code of Illinois may be cited as the
8 Department of Human Services (Mental Health and Developmental
9 Disabilities) Law.
10 (20 ILCS 1710/65-5 new)
11 Sec. 65-5. Definitions. In this Law:
12 "Department" means the Department of Human Services.
13 "Secretary" means the Secretary of Human Services.
14 (20 ILCS 1710/65-10 new)
15 (was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
16 127, par. 53)
17 Sec. 65-10. Powers, generally. 53. (a) The Department
18 of Human Services has the powers described in Sections 65-15,
19 65-20, 65-25, and 65-100. power:
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (20 ILCS 1710/65-15 new)
22 (was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
23 53)
24 Sec. 65-15. Mental Health and Developmental Disabilities
25 Administrative Act. The Department has the power 1. to
26 exercise the powers and duties set forth in the Mental Health
27 and Developmental Disabilities Administrative Act.
28 (Source: P.A. 89-507, eff. 7-1-97.)
29 (20 ILCS 1710/65-20 new)
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1 (was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
2 127, par. 53)
3 Sec. 65-20. Mental Health and Developmental Disabilities
4 Code.
5 (a) The Department has the power 2. to administer the
6 provisions of the Mental Health and Developmental
7 Disabilities Code that which pertain to the responsibilities
8 of the Department of Human Services.
9 (b) The Department has the power 4. to initiate
10 injunction proceedings wherever it appears to the Secretary
11 of Human Services that any person, group of persons, or
12 corporation is engaged or about to engage in any acts or
13 practices that which constitute or will constitute a
14 violation of the Mental Health and Developmental Disabilities
15 Code or any rule or regulation prescribed under authority of
16 that Code thereof. The Secretary of Human Services may, in
17 his or her discretion, through the Attorney General, file a
18 complaint and apply for an injunction, and upon a proper
19 showing, any circuit court may issue a permanent or
20 preliminary injunction or a temporary restraining order
21 without bond to enforce that Code, rule, or regulation such
22 Acts in addition to the penalties and other remedies provided
23 in that Code, rule, or regulation. such Acts and Either party
24 may appeal as in other civil cases.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 1710/65-25 new)
27 (was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
28 53)
29 Sec. 65-25. Escaped Inmate Damages Act. The Department
30 has the power 3. To exercise the powers and fulfill the
31 duties assigned the Department by the Escaped Inmate Damages
32 Act.
33 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 1710/65-30 new)
2 (was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
3 Sec. 65-30. Specialized living centers. 53a. The
4 Department of Human Services shall exercise the powers and
5 perform the functions and duties as prescribed in the
6 Specialized Living Centers Act.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (20 ILCS 1710/65-50 new)
9 (was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
10 53)
11 Sec. 65-50. Security force. The Department has the power
12 5. to appoint, subject to the Personnel Code, members of a
13 security force who shall be authorized to transport
14 recipients between Department facilities or other locations,
15 search for and attempt to locate and transport missing
16 recipients, enforce Section 47 of the Mental Health and
17 Developmental Disabilities Administrative Act, and perform
18 other required duties. The director of a mental health or
19 developmental disability facility shall have authority to
20 direct security forces. This authorization shall remain in
21 effect even if security forces are transporting recipients
22 across county or State boundaries. Security forces
23 performing their duties shall be indemnified as provided
24 under the State Employee Indemnification Act.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 1710/65-75 new)
27 (was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
28 53)
29 Sec. 65-75. Criminal history record information.
30 (b) Whenever the Department is authorized or required by law
31 to consider some aspect of criminal history record
32 information for the purpose of carrying out its statutory
-244- LRB9009239DJcd
1 powers and responsibilities, then, upon request and payment
2 of fees in conformance with the requirements of subsection 22
3 of Section 100-400 55a of the Department of State Police Law
4 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
5 the Department of State Police is authorized to furnish,
6 pursuant to positive identification, the such information
7 contained in State files that as is necessary to fulfill the
8 request.
9 (Source: P.A. 89-507, eff. 7-1-97.)
10 (20 ILCS 1710/65-100 new)
11 (was 20 ILCS 1710/53d)
12 Sec. 65-100. Grants to Illinois Special Olympics. 53d.
13 The Department of Human Services shall make grants to the
14 Illinois Special Olympics for area and statewide athletic
15 competitions from appropriations to the Department from the
16 Illinois Special Olympics Checkoff Fund, a special fund
17 created in the State treasury.
18 (Source: P.A. 88-459; 89-507, eff. 7-1-97.)
19 (20 ILCS 1905/Art. 70 heading new)
20 ARTICLE 70. DEPARTMENT OF NATURAL
21 RESOURCES (MINES AND MINERALS)
22 (20 ILCS 1905/70-1 new)
23 Sec. 70-1. Article short title. This Article 70 of the
24 Civil Administrative Code of Illinois may be cited as the
25 Department of Natural Resources (Mines and Minerals) Law.
26 (20 ILCS 1905/70-5 new)
27 Sec. 70-5. Definition. In this Law, "Department" means
28 the Department of Natural Resources.
29 (20 ILCS 1905/70-10 new)
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1 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
2 Sec. 70-10. Powers, generally. 45. The Department has
3 the powers described in Sections 70-15, 70-20, 70-25, 70-30,
4 70-40, 70-45, 70-50, 70-90, 70-100, and 70-200. of Natural
5 Resources shall have power:
6 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
7 (20 ILCS 1905/70-15 new)
8 (was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
9 Sec. 70-15. Mine accidents. The Department has the power
10 1. to acquire and diffuse information concerning the nature,
11 causes, and prevention of mine accidents.;
12 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
13 (20 ILCS 1905/70-20 new)
14 (was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
15 Sec. 70-20. Mine methods, conditions, and equipment. The
16 Department has the power 2. to acquire and diffuse
17 information concerning the improvement of methods,
18 conditions, and equipment of mines, with special reference to
19 health, safety, and conservation of mineral resources.;
20 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
21 (20 ILCS 1905/70-25 new)
22 (was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
23 Sec. 70-25. Economic conditions affecting mineral
24 industries. The Department has the power 3. to make
25 inquiries into the economic conditions affecting the mining,
26 quarrying, metallurgical, clay, oil, and other mineral
27 industries.;
28 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
29 (20 ILCS 1905/70-30 new)
30 (was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
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1 Sec. 70-30. Technical efficiency of persons working in
2 mines. The Department has the power 4. to promote the
3 technical efficiency of all persons working in and about the
4 mines of the State, and to assist them better to overcome the
5 increasing difficulties of mining, and for that purpose to
6 provide bulletins, traveling libraries, lectures,
7 correspondence work, classes for systematic instruction, or
8 meetings for the reading and discussion of papers, and to
9 that end to cooperate with the University of Illinois.;
10 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
11 (20 ILCS 1905/70-35 new)
12 (was 20 ILCS 1905/47)
13 Sec. 70-35. 47. Coal quality testing program. The
14 Department's Department of Natural Resources' analytical
15 laboratory is authorized to test the quality of coal
16 delivered under State coal purchase contracts. The
17 Department shall establish, by rule, the fee charged to
18 defray the costs of this coal quality testing program.
19 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
20 (20 ILCS 1905/70-40 new)
21 (was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45)
22 Sec. 70-40. Use of coal combustion by-products. The
23 Department has the power 10. to foster the utilization of
24 coal combustion by-products for the benefaction of soils in
25 the reclamation of previously surface-mined areas and in the
26 stabilization of final cuts, in the stabilization of
27 underground mined-out areas to mitigate subsidence of surface
28 lands, and in the reduction of acid mine drainage.
29 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
30 (20 ILCS 1905/70-45 new)
31 (was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45)
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1 Sec. 70-45. Violations of Act concerning use of Illinois
2 coal. The Department has the power 5. to investigate
3 violations of "An Act concerning the use of Illinois mined
4 coal in certain plants and institutions,", filed July 13,
5 1937 (repealed), and to institute proceedings for the
6 prosecution of violators of that Act thereof in circuit
7 courts.;
8 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
9 (20 ILCS 1905/70-50 new)
10 (was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par.
11 45)
12 Sec. 70-50. Violations of Coal Mining Act.
13 (a) The Department has the power 7. to investigate
14 violations of the Coal Mining Act and regulations issued
15 pursuant to that Act; to institute criminal proceedings for
16 prosecution of such a violation; and to institute civil
17 actions for relief, including applications for temporary
18 restraining orders and preliminary and permanent injunctions,
19 or any other appropriate action to enforce any order, notice,
20 or decision of the Director, the Mining Board, the Department
21 of Natural Resources, or the Director of the Office of Mines
22 and Minerals.
23 (b) The Department has the power 8. To call or subpoena
24 witnesses, documents, or other evidence for the purpose of
25 conducting hearings pursuant to the Illinois Coal Mining Act
26 and to administer oaths and compensate witnesses pursuant to
27 that Act such statutes made and provided.
28 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
29 (20 ILCS 1905/70-75 new)
30 (was 20 ILCS 1905/46) (from Ch. 127, par. 46)
31 Sec. 70-75. Permits for diesel powered equipment or
32 explosives in underground coal mines. 46. During the period
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1 commencing with the effective date of this amendatory Act and
2 ending January 1, 1986, the Department shall not issue any
3 new permits allowing the use of diesel powered equipment or
4 explosives while persons are working in any underground coal
5 mine, except that mines presently using such diesel equipment
6 or explosives shall not be prohibited from continuing that
7 such use. Nothing in this Section shall be interpreted or
8 construed so as to prohibit the use of compressed air as an
9 explosive in any underground coal mine.
10 (Source: P.A. 89-445, eff. 2-7-96.)
11 (20 ILCS 1905/70-90 new)
12 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
13 Sec. 70-90. State Mining Board. Any statute that which by
14 its terms is to be administered by the State Mining Board
15 shall be administered by the Board without any direction,
16 supervision, or control by the Director of Natural Resources
17 or the Director of the Office of Mines and Minerals, except
18 that which the Director of the Office may exercise by virtue
19 of being a member of the Board and except as may be provided
20 in the statute.
21 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
22 (20 ILCS 1905/70-100 new)
23 (was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45)
24 Sec. 70-100. Public inspection of records. The Department
25 has the power 9. to make all records of the Department open
26 for inspection by interested persons and the public.
27 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
28 (20 ILCS 1905/70-105 new)
29 (was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2)
30 Sec. 70-105. Proof of records in legal proceedings; fee
31 for certification. 45.2. The papers, entries, and records of
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1 the Department of Natural Resources or parts thereof may be
2 proved in any legal proceeding by a copy thereof certified
3 under the signature of the keeper thereof in the name of the
4 Department with a seal of the Department attached. A fee of
5 $1.00 shall be paid to the Department of Natural Resources
6 for the such certification.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 1905/70-110 new)
9 (was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1)
10 Sec. 70-110. Verified documents; penalty for fraud. 45.1.
11 Applications and other documents filed for the purpose of
12 obtaining permits, certificates, or other licenses under Acts
13 administered by the Department of Natural Resources shall be
14 verified or contain written affirmation that they are signed
15 under the penalties of perjury. A person who knowingly signs
16 a fraudulent document commits perjury as defined in Section
17 32-2 of the Criminal Code of 1961 and for the purpose of this
18 Section shall be guilty of a Class A misdemeanor.
19 (Source: P.A. 89-445, eff. 2-7-96.)
20 (20 ILCS 1905/70-150 new)
21 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
22 Sec. 70-150. Criminal history record information.
23 Whenever the Department is authorized or required by law to
24 consider some aspect of criminal history record information
25 for the purpose of carrying out its statutory powers and
26 responsibilities, then upon request and payment of fees in
27 conformance with the requirements of subsection 22 of Section
28 100-400 55a of the Department of State Police Law (20 ILCS
29 2605/100-400) "The Civil Administrative Code of Illinois",
30 the Department of State Police is authorized to furnish,
31 pursuant to positive identification, the such information
32 contained in State files that as is necessary to fulfill the
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1 request.
2 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
3 (20 ILCS 1905/70-200 new)
4 (was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45)
5 Sec. 70-200. Transfer of realty to other State agency;
6 acquisition of federal lands. The Department has the power
7 6. to transfer jurisdiction of any realty under the control
8 of the Department to any other department of the State
9 government, or to acquire or accept federal lands, when the
10 such transfer, acquisition, or acceptance is advantageous to
11 the State and is approved in writing by the Governor.
12 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
13 (20 ILCS 2005/Art. 75 heading new)
14 ARTICLE 75. DEPARTMENT OF NUCLEAR SAFETY
15 (20 ILCS 2005/75-1 new)
16 Sec. 75-1. Article short title. This Article 75 of the
17 Civil Administrative Code of Illinois may be cited as the
18 Department of Nuclear Safety Law.
19 (20 ILCS 2005/75-5 new)
20 Sec. 75-5. Definitions. In this Law:
21 "Department" means the Department of Nuclear Safety.
22 "Director" means the Director of Nuclear Safety.
23 (20 ILCS 2005/75-10 new)
24 (was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par.
25 63b17)
26 Sec. 75-10. Powers vested in Department of Public Health
27 71. Department powers. A. The Department of Nuclear Safety
28 shall exercise, administer, and enforce all rights, powers,
29 and duties vested in the Department of Public Health by the
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1 following named Acts or Sections of those Acts thereof:
2 (1)1. The Radiation Installation Act.
3 (2)2. The Radiation Protection Act of 1990.
4 (3)3. The Radioactive Waste Storage Act.
5 (4)4. The Personnel Radiation Monitoring Act.
6 (5)5. The Laser System Act of 1997.
7 (6)6. The Illinois Nuclear Safety Preparedness Act.
8 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
9 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
10 (20 ILCS 2005/75-15 new)
11 (was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par.
12 63b17)
13 Sec. 75-15. Powers relating to Commission on Atomic
14 Energy. B. All the rights, powers, and duties vested in the
15 Director of Public Health by "An Act to create the Illinois
16 Commission on Atomic Energy, defining the powers and duties
17 of the Commission, and making an appropriation therefor",
18 effective September 10, 1971 (repealed), as amended, are
19 transferred to the Director of Nuclear Safety. The Director
20 of Nuclear Safety, after December 3, 1980 (the effective date
21 of Public this amendatory Act 81-1516) of 1980, shall serve
22 as an ex officio member of the Illinois Commission on Atomic
23 Energy in the place and stead of the Director of Public
24 Health.
25 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
26 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
27 (20 ILCS 2005/75-20 new)
28 (was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par.
29 63b17)
30 Sec. 75-20. Nuclear and radioactive materials disposal.
31 H. The Department of Nuclear Safety shall formulate a
32 comprehensive plan regarding disposal of nuclear and
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1 radioactive materials in this State. The Department shall
2 establish minimum standards for disposal sites, shall
3 evaluate and publicize potential effects on the public health
4 and safety, and shall report to the Governor and General
5 Assembly all violations of the adopted standards. In
6 carrying out this function, the Department of Nuclear Safety
7 shall work in cooperation with the Illinois Commission on
8 Atomic Energy and the Radiation Protection Advisory Council.
9 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
10 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
11 (20 ILCS 2005/75-25 new)
12 (was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par.
13 63b17)
14 Sec. 75-25. Radiation sources; radioactive waste
15 disposal. E. The Department of Nuclear Safety, in lieu of
16 the Department of Public Health, shall register, license,
17 inspect, and control radiation sources, and shall purchase,
18 lease, accept, or acquire lands, buildings, and grounds where
19 radioactive wastes can be disposed, and shall to supervise
20 and regulate the operation of the disposal sites.
21 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
22 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
23 (20 ILCS 2005/70-30 new)
24 (was 20 ILCS 2005/72) (from Ch. 127, par. 63b18)
25 Sec. 75-30. Nuclear waste sites. 72.
26 (a) The Department of Nuclear Safety shall conduct a
27 survey and prepare and publish a list of sites in the State
28 where nuclear waste has been deposited, treated, or stored.
29 (b) The Department shall monitor nuclear waste
30 processing, use, handling, storage, and disposal practices in
31 the State, and shall determine existing and expected rates of
32 production of nuclear wastes.
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1 (c) The Department shall compile and make available to
2 the public an annual report identifying the types and
3 quantities of nuclear waste generated, stored, treated, or
4 disposed of within this State and containing the other
5 information required to be collected under this Section.
6 (Source: P.A. 83-906.)
7 (20 ILCS 2005/75-35 new)
8 (was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par.
9 63b17)
10 Sec. 75-35. Boiler and pressure vessel safety. C. The
11 Department of Nuclear Safety shall exercise, administer, and
12 enforce all of the following rights, powers, and duties:
13 (1) Rights, powers, and duties 1. vested in the
14 Office of the State Fire Marshal by the Boiler and
15 Pressure Vessel Safety Act, to the extent the rights,
16 powers, and duties relate to nuclear steam-generating
17 facilities.
18 (2) Rights, powers, and duties 2. As relating to
19 nuclear steam-generating facilities, vested in the Board
20 of Boiler and Pressure Vessel Rules by the Boiler and
21 Pressure Vessel Safety Act, which include includes but
22 are not limited to the formulation of definitions, rules,
23 and regulations for the safe and proper construction,
24 installation, repair, use, and operation of nuclear
25 steam-generating facilities, the adoption of rules for
26 already installed nuclear steam-generating facilities,
27 the adoption of rules for accidents in nuclear
28 steam-generating facilities, the examination for or
29 suspension of inspectors' licenses of the facilities, and
30 the hearing of appeals from decisions relating to the
31 facilities.
32 (3) Rights, powers, and duties 3. As relating to
33 nuclear steam-generating facilities, vested in the State
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1 Fire Marshal or the Chief Inspector by the Boiler and
2 Pressure Vessel Safety Act, which include but are not
3 limited to the employment of inspectors of nuclear
4 steam-generating facilities, issuance or suspension of
5 their commissions, prosecution of the Act or rules
6 promulgated thereunder for violations by nuclear
7 steam-generating facilities, maintenance of inspection
8 records of all the facilities, publication of rules
9 relating to the facilities, having free access to the
10 facilities, issuance of inspection certificates of the
11 facilities, and the furnishing of bonds conditioned upon
12 the faithful performance of their duties. The Director
13 of Nuclear Safety may designate a Chief Inspector, or
14 other inspectors, as he or she deems necessary to perform
15 the functions transferred by this Section subsection C.
16 The transfer of rights, powers, and duties specified in
17 the immediately preceding paragraphs (1), (2), and (3) 1, 2,
18 and 3 is limited to the program transferred by Public this
19 amendatory Act 81-1516 of 1980 and shall not be deemed to
20 abolish or diminish the exercise of those same rights,
21 powers, and duties by the Office of the State Fire Marshal,
22 the Board of Boiler and Pressure Vessel Rules, the State Fire
23 Marshal, or the Chief Inspector with respect to programs
24 retained by the Office of the State Fire Marshal.
25 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
26 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
27 (20 ILCS 2005/75-40 new)
28 (was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par.
29 63b17)
30 Sec. 75-40. Powers vested in Environmental Protection
31 Agency. D. The Department of Nuclear Safety shall exercise,
32 administer, and enforce all rights, powers, and duties vested
33 in the Environmental Protection Agency by paragraphs a, b, c,
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1 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
2 and by Sections 30 through 45 30-45 inclusive of the
3 Environmental Protection Act, to the extent that these powers
4 relate to standards of the Pollution Control Board adopted
5 under subsection K of this Section 75-45. The transfer of
6 rights, powers, and duties specified in this Section
7 paragraph is limited to the program transferred by Public
8 this amendatory Act 81-1516 of 1980 and shall not be deemed
9 to abolish or diminish the exercise of those same rights,
10 powers, and duties by the Environmental Protection Agency
11 with respect to programs retained by the Environmental
12 Protection Agency.
13 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
14 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
15 (20 ILCS 2005/75-45 new)
16 (was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par.
17 63b17)
18 Sec. 75-45. Pollution Control Board regulations
19 concerning nuclear plants. K. The Department of Nuclear
20 Safety shall enforce the regulations promulgated by the
21 Pollution Control Board under Section 25b of the
22 Environmental Protection Act. Under these regulations the
23 Department shall require that a person, corporation, or
24 public authority intending to construct a nuclear
25 steam-generating facility or a nuclear fuel reprocessing
26 plant file with the Department an environmental feasibility
27 report that incorporates the data provided in the preliminary
28 safety analysis required to be filed with the United States
29 Nuclear Regulatory Commission.
30 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
31 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
32 (20 ILCS 2005/75-50 new)
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1 (was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par.
2 63b17)
3 Sec. 75-50. Regulation of nuclear safety. J. The
4 Department of Nuclear Safety shall have primary
5 responsibility for the coordination and oversight of all
6 State governmental functions concerning the regulation of
7 nuclear power, including low level waste management,
8 environmental monitoring, and transportation of nuclear
9 waste. Functions performed on December 3, 1990 (the
10 effective date of Public this amendatory Act 81-1516) of 1980
11 by the Department of State Police, the Department of
12 Transportation, and the Illinois Emergency Management Agency
13 in the area of nuclear safety may continue to be performed by
14 these agencies but under the direction of the Department of
15 Nuclear Safety. All other governmental functions regulating
16 nuclear safety shall be coordinated by Department of Nuclear
17 Safety.
18 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
19 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
20 (20 ILCS 2005/75-55 new)
21 (was 20 ILCS 2005/71, subsec. L) (from Ch. 127, par.
22 63b17)
23 Sec. 75-55. Personnel transferred. L. Personnel
24 previously assigned to the programs transferred from the
25 Department of Public Health and the Office of the State Fire
26 Marshal are hereby transferred to the Department of Nuclear
27 Safety. The rights of the employees, the State, and
28 executive agencies under the Personnel Code, or any
29 collective bargaining agreement, or under any pension,
30 retirement, or annuity plan shall not be affected by Public
31 this amendatory Act 81-1516 of 1980.
32 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
33 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
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1 (20 ILCS 2005/75-60 new)
2 (was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par.
3 63b17)
4 Sec. 75-60. Records and property transferred. M. All
5 books, records, papers, documents, property (real or
6 personal), unexpended appropriations, and pending business in
7 any way pertaining to the rights, powers, and duties
8 transferred by Public this amendatory Act 81-1516 of 1980
9 shall be delivered and transferred to the Department of
10 Nuclear Safety.
11 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
12 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
13 (20 ILCS 2005/75-65 new)
14 (was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par.
15 63b17)
16 Sec. 75-65. Nuclear accident plan. F. The Department of
17 Nuclear Safety shall have primary responsibility to formulate
18 a comprehensive emergency preparedness and response plan for
19 any nuclear accident, and shall develop such a plan in
20 cooperation with the Illinois Emergency Management Agency.
21 The Department of Nuclear Safety shall also train and
22 maintain an emergency response team.
23 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
24 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
25 (20 ILCS 2005/75-70 new)
26 (was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par.
27 63b17)
28 Sec. 75-70. Nuclear and radioactive materials
29 transportation plan. G. The Department of Nuclear Safety
30 shall formulate a comprehensive plan regarding the
31 transportation of nuclear and radioactive materials in
32 Illinois. The Department shall have primary responsibility
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1 for all State governmental regulation of the transportation
2 of nuclear and radioactive materials, insofar as the
3 regulation pertains to the public health and safety. This
4 responsibility shall include but not be limited to the
5 authority to oversee and coordinate regulatory functions
6 performed by the Department of Transportation, the Department
7 of State Police, and the Illinois Commerce Commission.
8 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
9 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
10 (20 ILCS 2005/75-75 new)
11 (was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par.
12 63b17)
13 Sec. 75-75. State nuclear power policy. I. The
14 Department of Nuclear Safety, in cooperation with the
15 Department of Natural Resources, shall study (i) (a) the
16 impact and cost of nuclear power and compare these to the
17 impact and cost of alternative sources of energy, (ii) (b)
18 the potential effects on the public health and safety of all
19 radioactive emissions from nuclear power plants, and (iii)
20 (c) all other factors that bear on the use of nuclear power
21 or on nuclear safety. The Department shall formulate a
22 general nuclear policy for the State based on the findings of
23 the study. The policy shall include but not be limited to
24 the feasibility of continued use of nuclear power, effects of
25 the use of nuclear power on the public health and safety,
26 minimum acceptable standards for the location of any future
27 nuclear power plants, and rules and regulations for the
28 reporting by public utilities of radioactive emissions from
29 power plants. The Department shall establish a reliable
30 system for communication between the public and the
31 Department and for dissemination of information by the
32 Department. The Department shall publicize the findings of
33 all studies and make the publications reasonably available to
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1 the public.
2 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
3 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
4 (20 ILCS 2005/75-80 new)
5 (was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par.
6 63b17)
7 Sec. 75-80. Data available to Department of Public
8 Health. N. All files, records, and data gathered by or under
9 the direction or authority of the Director under the Civil
10 Administrative Code this Act shall be made available to the
11 Department of Public Health under the Illinois Health and
12 Hazardous Substances Registry Act.
13 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
14 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
15 (20 ILCS 2005/75-85 new)
16 (was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par.
17 63b17)
18 Sec. 75-85. No accreditation, certification, or
19 registration if in default on educational loan. O. The
20 Department shall not issue or renew to any individual any
21 accreditation, certification, or registration (but excluding
22 registration under the Radiation Installation Act) otherwise
23 issued by the Department if the individual has defaulted on
24 an educational loan guaranteed by the Illinois Student
25 Assistance Commission; however, the Department may issue or
26 renew an accreditation, certification, or registration if the
27 individual has established a satisfactory repayment record as
28 determined by the Illinois Student Assistance Commission.
29 Additionally, any accreditation, certification, or
30 registration issued by the Department (but excluding
31 registration under the Radiation Installation Act) may be
32 suspended or revoked if the Department, after the opportunity
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1 for a hearing under the appropriate accreditation,
2 certification, or registration Act, finds that the holder has
3 failed to make satisfactory repayment to the Illinois Student
4 Assistance Commission for a delinquent or defaulted loan.
5 For purposes of this Section, "satisfactory repayment record"
6 shall be defined by rule.
7 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
8 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
9 (20 ILCS 2105/Art. 80 heading new)
10 ARTICLE 80. DEPARTMENT OF
11 PROFESSIONAL REGULATION
12 (20 ILCS 2105/80-1 new)
13 Sec. 80-1. Article short title. This Article 80 of the
14 Civil Administrative Code of Illinois may be cited as the
15 Department of Professional Regulation Law.
16 (20 ILCS 2105/80-5 new)
17 (was 20 ILCS 2105/60b) (from Ch. 127, par. 60b)
18 Sec. 80-5. Definitions.
19 (a) In this Law:
20 "Department" means the Department of Professional
21 Regulation.
22 "Director" means the Director of Professional Regulation.
23 (b) Sec. 60b. In the construction of Sections 80-10,
24 80-100, 80-105, 80-110, 80-115, 80-120, 80-125, 80-175, and
25 80-325 60, 60a, 60b, 60c, 60d, 60e, 60f, 60g, 60h, 60i, 60j,
26 60k, and 60L, the following definitions shall govern unless
27 the context otherwise clearly indicates:.
28 "Department" shall mean the Department of Professional
29 Regulation.
30 "Registrant" shall mean a person who holds or claims to
31 hold a certificate as defined herein.
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1 "Certificate" shall mean a license, certificate of
2 registration, permit or other authority purporting to be
3 issued or conferred by the department by virtue or authority
4 of which the registrant has or claims the right to engage in
5 a profession, trade, occupation or operation of which the
6 department has jurisdiction.
7 "Board" means shall mean the board of persons designated
8 for a profession, trade, or occupation under the provisions
9 of any Act now or hereafter in force whereby the jurisdiction
10 of that such profession, trade, or occupation is devolved on
11 the Department.
12 "Certificate" means a license, certificate of
13 registration, permit, or other authority purporting to be
14 issued or conferred by the Department by virtue or authority
15 of which the registrant has or claims the right to engage in
16 a profession, trade, occupation, or operation of which the
17 Department has jurisdiction.
18 "Registrant" means a person who holds or claims to hold a
19 certificate.
20 (Source: P.A. 85-225.)
21 (20 ILCS 2105/80-10 new)
22 (was 20 ILCS 2105/61d)
23 Sec. 80-10. 61d. Legislative declaration of public
24 policy. The practice of the regulated professions, trades,
25 and occupations in Illinois is hereby declared to affect the
26 public health, safety, and welfare of the People of this
27 State and in the public interest is subject to regulation and
28 control by the Department of Professional Regulation.
29 It is further declared to be a matter of public interest
30 and concern that standards of competency and stringent
31 penalties for those who violate the public trust be
32 established to protect the public from unauthorized or
33 unqualified persons representing one of the regulated
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1 professions, trades, or occupations; and to that end, the
2 General Assembly shall appropriate the necessary funds for
3 the ordinary and necessary expenses of these public interests
4 and concerns as they may exceed the funding available from
5 the revenues collected from the fees and fines from the
6 regulated professions, trades, and occupations.
7 (Source: P.A. 89-204, eff. 1-1-96.)
8 (20 ILCS 2105/80-15 new)
9 (was 20 ILCS 2105/60) (from Ch. 127, par. 60)
10 Sec. 80-15. General 60. powers and duties.
11 (a) The Department has of Professional Regulation shall
12 have, subject to the provisions of the Civil Administrative
13 Code of Illinois this Act, the following powers and duties:
14 (1) 1. To authorize examinations in English to
15 ascertain the qualifications and fitness of applicants to
16 exercise the profession, trade, or occupation for which
17 the examination is held.
18 (2) 2. To prescribe rules and regulations for a
19 fair and wholly impartial method of examination of
20 candidates to exercise the respective professions,
21 trades, or occupations.
22 (3) 3. To pass upon the qualifications of
23 applicants for licenses, certificates, and authorities,
24 whether by examination, by reciprocity, or by
25 endorsement.
26 (4) 4. To prescribe rules and regulations defining,
27 for the respective professions, trades, and occupations,
28 what shall constitute a school, college, or university,
29 or department of a university, or other institution
30 institutions, reputable and in good standing, and to
31 determine the reputability and good standing of a school,
32 college, or university, or department of a university, or
33 other institution, reputable and in good standing, by
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1 reference to a compliance with those such rules and
2 regulations;: provided, that no school, college, or
3 university, or department of a university, or other
4 institution that refuses admittance to applicants solely
5 on account of race, color, creed, sex, or national origin
6 shall be considered reputable and in good standing.
7 (5) 5. To conduct hearings on proceedings to
8 revoke, suspend, refuse to renew, place on probationary
9 status, or take other disciplinary action as may be
10 authorized in any licensing Act administered by the
11 Department with regard to licenses, certificates, or
12 authorities of persons exercising the respective
13 professions, trades, or occupations, and to revoke,
14 suspend, refuse to renew, place on probationary status,
15 or take other disciplinary action as may be authorized in
16 any licensing Act administered by the Department with
17 regard to those such licenses, certificates, or
18 authorities. The Department shall issue a monthly
19 disciplinary report. The Department shall deny any
20 license or renewal authorized by the Civil Administrative
21 Code of Illinois this Act to any person who has defaulted
22 on an educational loan or scholarship provided by or
23 guaranteed by the Illinois Student Assistance Commission
24 or any governmental agency of this State; however, the
25 Department may issue a license or renewal if the
26 aforementioned persons have established a satisfactory
27 repayment record as determined by the Illinois Student
28 Assistance Commission or other appropriate governmental
29 agency of this State. Additionally, beginning June 1,
30 1996, any license issued by the Department may be
31 suspended or revoked if the Department, after the
32 opportunity for a hearing under the appropriate licensing
33 Act, finds that the licensee has failed to make
34 satisfactory repayment to the Illinois Student Assistance
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1 Commission for a delinquent or defaulted loan. For the
2 purposes of this Section, "satisfactory repayment record"
3 shall be defined by rule. The Department shall refuse to
4 issue or renew a license to, or shall suspend or revoke a
5 license of, any person who, after receiving notice, fails
6 to comply with a subpoena or warrant relating to a
7 paternity or child support proceeding. However, the
8 Department may issue a license or renewal upon compliance
9 with the subpoena or warrant.
10 The Department, without further process or hearings,
11 shall revoke, suspend, or deny any license or renewal
12 authorized by the Civil Administrative Code of Illinois
13 this Act to a person who is certified by the Illinois
14 Department of Public Aid as being more than 30 days
15 delinquent in complying with a child support order.; The
16 Department may, however, issue a license or renewal if
17 the person has established a satisfactory repayment
18 record as determined by the Illinois Department of Public
19 Aid. The Department may implement this paragraph as
20 added by Public Act 89-6 through the use of emergency
21 rules in accordance with Section 5-45 of the Illinois
22 Administrative Procedure Act. For purposes of the
23 Illinois Administrative Procedure Act, the adoption of
24 rules to implement this paragraph shall be considered an
25 emergency and necessary for the public interest, safety,
26 and welfare.
27 (6) 6. To transfer jurisdiction of any realty under
28 the control of the Department to any other department of
29 the State Government, or to acquire or accept federal
30 lands, when the such transfer, acquisition, or acceptance
31 is advantageous to the State and is approved in writing
32 by the Governor.
33 (7) 7. To formulate rules and regulations as may be
34 necessary for the enforcement of any Act administered by
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1 the Department.
2 (8) 8. To exchange with the Illinois Department of
3 Public Aid information that may be necessary for the
4 enforcement of child support orders entered pursuant to
5 the Illinois Public Aid Code, the Illinois Marriage and
6 Dissolution of Marriage Act, the Non-Support of Spouse
7 and Children Act, the Revised Uniform Reciprocal
8 Enforcement of Support Act, the Uniform Interstate Family
9 Support Act, or the Illinois Parentage Act of 1984.
10 Notwithstanding any provisions in this Code to the
11 contrary, the Department of Professional Regulation shall
12 not be liable under any federal or State law to any
13 person for any disclosure of information to the Illinois
14 Department of Public Aid under this paragraph (8) 8 or
15 for any other action taken in good faith to comply with
16 the requirements of this paragraph (8) 8.
17 (9) 9. To perform such other duties as may be
18 prescribed by law.
19 (b) The Department may, when a fee is payable to the
20 Department for a wall certificate of registration provided by
21 the Department of Central Management Services, require that
22 portion of the payment for printing and distribution costs be
23 made directly or through the Department, to the Department of
24 Central Management Services for deposit into in the Paper and
25 Printing Revolving Fund., The remainder shall be deposited
26 into in the General Revenue Fund.
27 (c) For the purpose of securing and preparing evidence,
28 and for the purchase of controlled substances, professional
29 services, and equipment necessary for enforcement activities,
30 recoupment of investigative costs, and other activities
31 directed at suppressing the misuse and abuse of controlled
32 substances, including those activities set forth in Sections
33 504 and 508 of the Illinois Controlled Substances Act, the
34 Director and agents appointed and authorized by the Director
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1 may expend such sums from the Professional Regulation
2 Evidence Fund that as the Director deems necessary from the
3 amounts appropriated for that purpose. Those and such sums
4 may be advanced to the agent when the Director deems that
5 such procedure to be in the public interest. Sums for the
6 purchase of controlled substances, professional services, and
7 equipment necessary for enforcement activities and other
8 activities as set forth in this Section shall be advanced to
9 the agent who is to make the such purchase from the
10 Professional Regulation Evidence Fund on vouchers signed by
11 the Director. The Director and those such agents are
12 authorized to maintain one or more commercial checking
13 accounts with any State banking corporation or corporations
14 organized under or subject to the Illinois Banking Act for
15 the deposit and withdrawal of moneys to be used for the
16 purposes set forth in this Section; provided, that no check
17 may be written nor any withdrawal made from any such account
18 except upon the written signatures of 2 persons designated by
19 the Director to write those such checks and make those such
20 withdrawals. Vouchers for those such expenditures must be
21 signed by the Director. and All such expenditures shall be
22 audited by the Director, and the audit shall be submitted to
23 the Department of Central Management Services for approval.
24 (d) Whenever the Department is authorized or required by
25 law to consider some aspect of criminal history record
26 information for the purpose of carrying out its statutory
27 powers and responsibilities, then, upon request and payment
28 of fees in conformance with the requirements of subsection 22
29 of Section 100-400 55a of the Department of State Police Law
30 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
31 the Department of State Police is authorized to furnish,
32 pursuant to positive identification, the such information
33 contained in State files that as is necessary to fulfill the
34 request.
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1 (e) The provisions of this Section do not apply to
2 private business and vocational schools as defined by Section
3 1 of the Private Business and Vocational Schools Act.
4 (f) Beginning July 1, 1995, this Section does not apply
5 to those professions, trades, and occupations licensed under
6 the Real Estate License Act of 1983, nor does it apply to any
7 permits, certificates, or other authorizations to do business
8 provided for in the Land Sales Registration Act of 1989 or
9 the Illinois Real Estate Time-Share Act.
10 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
11 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
12 eff. 7-1-97.)
13 (20 ILCS 2105/80-25 new)
14 (was 20 ILCS 2105/60.01) (from Ch. 127, par. 60.01)
15 Sec. 80-25. Perjury; penalty. 60.01. Each document
16 required to be filed under any Act administered by the
17 Department shall be verified or contain a written affirmation
18 that it is signed under the penalties of perjury. An
19 applicant or registrant who knowingly signs a fraudulent
20 document commits perjury as defined in Section 32-2 of the
21 Criminal Code of 1961 and for the purpose of this Section
22 shall be guilty of a Class A misdemeanor.
23 (Source: P.A. 84-1235.)
24 (20 ILCS 2105/80-40 new)
25 (was 20 ILCS 2105/61) (from Ch. 127, par. 61)
26 Sec. 80-40. Issuance of certificates and licenses. 61.
27 All certificates, licenses, and authorities shall be issued
28 by the Department of Professional Regulation, in the name of
29 the such Department, with the seal of the Department thereof
30 attached.
31 (Source: P.A. 85-225.)
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1 (20 ILCS 2105/80-55 new)
2 (was 20 ILCS 2105/61c) (from Ch. 127, new par. 61c)
3 Sec. 80-55. 61c. Interlineation of checks. The
4 Department may reduce by interlineation the amount of any
5 personal check, corporate check, or company check drawn on
6 the account of and delivered by any person applying for any
7 license, certificate, registration, title, or permit that
8 requires payment of a fee. The amount of reduction shall be
9 limited to $50, and the drawer of the check shall be notified
10 in writing of the reduction. Any check for an amount more
11 than $50 in excess of the correct amount shall be returned to
12 the drawer-applicant.
13 Any check altered under this Section shall be endorsed by
14 the Director of the Department as follows: "This check is
15 warranted to subsequent holders and to the drawee to be in
16 the amount of $(insert amount)."
17 All applications for a license, title, or permit, upon
18 reprinting, shall contain the following authorization
19 statement: "My signature above authorizes the Department of
20 Professional Regulation to reduce the amount of this check if
21 the amount submitted is not correct. I understand this will
22 be done only if the amount submitted is greater than the
23 required fee hereunder, but in no event shall such reduction
24 be made in an amount greater than $50."
25 (Source: P.A. 87-1031; 87-1237; 88-45.)
26 (20 ILCS 2105/80-75 new)
27 (was 110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
28 Sec. 80-75. 62.1. Design professionals dedicated
29 employees. There are is established within the Department of
30 Professional Regulation certain design professionals
31 dedicated employees. These employees shall be devoted
32 exclusively to the administration and enforcement of the
33 Illinois Architecture Practice Act, the Illinois Professional
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1 Land Surveyor Act of 1989, the Professional Engineering
2 Practice Act of 1989, and the Structural Engineering
3 Licensing Act of 1989. The design professionals dedicated
4 employees that the Director shall employ, in conformity with
5 the Personnel Code, at a minimum shall consist of one
6 full-time design licensing Coordinator, one full-time
7 Assistant Coordinator, 4 full-time licensing clerks, one
8 full-time attorney, and 2 full-time investigators. These
9 employees shall work exclusively in the licensing and
10 enforcement of the design profession Acts set forth in this
11 Section and shall not be used for the licensing and
12 enforcement of any other Act or other duties in the
13 Department of Professional Regulation.
14 (Source: P.A. 87-781.)
15 (20 ILCS 2105/80-100 new)
16 (was 20 ILCS 2105/60c) (from Ch. 127, par. 60c)
17 Sec. 80-100. Disciplinary action with respect to
18 certificates; citation; hearing. 60c.
19 (a) Certificates may be revoked, suspended, placed on
20 probationary status, or have other disciplinary action taken
21 with regard to them as may be authorized in any licensing Act
22 administered by the Department in the manner provided by the
23 Civil Administrative Code of Illinois this Act and not
24 otherwise.
25 (b) The Department may upon its own motion and shall
26 upon the verified complaint in writing of any person,
27 provided the such complaint or the such complaint together
28 with evidence, documentary or otherwise, presented in
29 connection with the complaint makes wherewith shall make a
30 prima facie case, investigate the actions of any person
31 holding or claiming to hold a certificate.
32 (c) Before suspending, revoking, placing on probationary
33 status, or taking any other disciplinary action that which
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1 may be authorized in any licensing Act administered by the
2 Department with regard to any certificate, the Department
3 shall issue a citation notifying the registrant of the time
4 and place when and where a hearing of the charges shall be
5 had. The Such citation shall contain a statement of the
6 charges or shall be accompanied by a copy of the written
7 complaint if such complaint shall have been filed. The Such
8 citation shall be served on the registrant at least 10 ten
9 days prior to the date therein set in the citation for the
10 hearing, either by delivery of the citation same personally
11 to the registrant or by mailing the citation same by
12 registered mail to the registrant's his last known place of
13 residence; provided that in any case where the registrant is
14 now or may hereafter be required by law to maintain a place
15 of business in this State and to notify the Department of the
16 location of that place of business thereof, the such citation
17 may be served by mailing it same by registered mail to the
18 registrant at the place of business last therefore described
19 by the registrant him in the such notification to the
20 Department.
21 (d) At the time and place fixed in the such citation,
22 the Department shall proceed to a hearing of the charges. and
23 Both the registrant and the complainant shall be accorded
24 ample opportunity to present, in person or by counsel, any
25 such statements, testimony, evidence, and argument that as
26 may be pertinent to the charges or to any defense to the
27 charges thereto. The Department may continue the such hearing
28 from time to time.
29 (Source: P.A. 83-230.)
30 (20 ILCS 2105/80-105 new)
31 (was 20 ILCS 2105/60d) (from Ch. 127, par. 60d)
32 Sec. 80-105. Oaths; subpoenas; penalty. 60d.
33 (a) The Department, by its Director or a person
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1 designated by him or her, is empowered, at any time during
2 the course of any investigation or hearing conducted pursuant
3 to any Act administered by the Department, to administer
4 oaths, subpoena witnesses, take evidence, and compel the
5 production of any books, papers, records, or any other
6 documents that which the Director, or a person designated by
7 him or her, deems relevant or material to any such
8 investigation or hearing conducted by the Department, with
9 the same fees and mileage and in the same manner as
10 prescribed by law in judicial proceedings in civil cases in
11 circuit courts of this State.
12 (b) Any person who, without lawful authority, fails to
13 appear in response to a subpoena or to answer any question or
14 produce any books, papers, records, or any other documents
15 relevant or material to the such investigation or hearing is
16 guilty of a Class A misdemeanor. Each violation shall
17 constitute a separate and distinct offense.
18 In addition to initiating criminal proceedings, the
19 Department, through the Attorney General, may seek
20 enforcement of any such subpoena by any circuit court of this
21 State.
22 (Source: P.A. 86-592.)
23 (20 ILCS 2105/80-110 new)
24 (was 20 ILCS 2105/60e) (from Ch. 127, par. 60e)
25 Sec. 80-110. Court order requiring attendance of
26 witnesses or production of materials. 60e. Any circuit court,
27 upon the application of the registrant or complainant or of
28 the Department, may by order duly entered, require the
29 attendance of witnesses and the production of relevant books
30 and papers before the Department in any hearing relative to
31 the application for refusal to renew, suspension, revocation,
32 placing on probationary status, or the taking of any other
33 disciplinary action as may be authorized in any licensing Act
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1 administered by the Department with regard to any certificate
2 of registration., and The court may compel obedience to its
3 order by proceedings for contempt.
4 (Source: P.A. 83-334.)
5 (20 ILCS 2105/80-115 new)
6 (was 20 ILCS 2105/60f) (from Ch. 127, par. 60f)
7 Sec. 80-115. 60f. Stenographer; transcript. The
8 Department, at its expense, shall provide a stenographer to
9 take down the testimony and preserve a record of all
10 proceedings at the hearing of any case in which wherein a
11 certificate may be revoked, suspended, placed on probationary
12 status, or subjected to other disciplinary action with
13 reference to the certificate when where a disciplinary action
14 is authorized in any licensing Act administered by the
15 Department. The citation, complaint, and all other documents
16 in the nature of pleadings and written motions filed in the
17 proceedings, the transcript of testimony, the report of the
18 board, and the orders of the Department shall be the record
19 of the proceedings. The Department shall furnish a transcript
20 of the record to any person interested in the hearing upon
21 payment therefor of $1 one dollar per page. This charge is
22 in addition to any fee charged by the Department for
23 certifying the record.
24 (Source: P.A. 87-1031.)
25 (20 ILCS 2105/80-120 new)
26 (was 20 ILCS 2105/60g) (from Ch. 127, par. 60g)
27 Sec. 80-120. Board's report; registrant's motion for
28 rehearing. 60g.
29 (a) The board shall present to the Director its written
30 report of its findings and recommendations. A copy of the
31 such report shall be served upon the registrant, either
32 personally or by registered mail as provided in Section
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1 80-100 60-c for the service of the citation.
2 (b) Within 20 twenty days after the such service
3 required under subsection (a), the registrant may present to
4 the Department a his motion in writing for a rehearing. The,
5 which written motion shall specify the particular grounds for
6 a rehearing therefor. If the registrant orders shall order
7 and pays pay for a transcript of the record as provided in
8 Section 80-115 60-f, the time elapsing thereafter and before
9 the such transcript is ready for delivery to the registrant
10 him shall not be counted as part of the 20 such twenty days.
11 (Source: P.A. 83-230.)
12 (20 ILCS 2105/80-125 new)
13 (was 20 ILCS 2105/60h) (from Ch. 127, par. 60h)
14 Sec. 80-125. Restoration of certificate. 60h. At any time
15 after the suspension of, revocation of, placement on
16 probationary status, or other disciplinary action taken by
17 the Department with reference to any certificate, the
18 Department may restore it to the registrant without
19 examination, upon the written recommendation of the
20 appropriate board.
21 (Source: P.A. 83-230.)
22 (20 ILCS 2105/80-150 new)
23 (was 20 ILCS 2105/60m) (from Ch. 127, par. 60m)
24 Sec. 80-150. Violations of Medical Practice Act. 60m.
25 Notwithstanding any of the provisions of Section 80-5, 80-15,
26 80-100, 80-105, 80-110, 80-115, 80-120, 80-125, 80-175,
27 80-200, or 80-325 60, 60.1, 60-a, 60b, 60c, 60-d, 60e, 60f,
28 60-g or 60h of this Law Act, for violations of Section 22 of
29 the Medical Practice Act of 1987, the Department shall
30 suspend, revoke, place on probationary status, or take such
31 other disciplinary action as it deems proper with regard to
32 licenses issued under that Act for violations of Section 22
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1 of the Medical Practice Act of 1987, as amended, only in
2 accordance with Sections 7 and 36 through 46 of that Act.
3 (Source: P.A. 85-1209.)
4 (20 ILCS 2105/80-155 new)
5 (was 20 ILCS 2105/60n) (from Ch. 127, par. 60n)
6 Sec. 80-155. Suspension or termination of medical
7 services provider under the Public Aid Code. 60n. When the
8 Department of Professional Regulation receives notice from
9 the Department of Public Aid, as required by Section 85-10
10 48b of the Department of Public Aid Law (20 ILCS 2205/85-10)
11 this Act, that the authorization to provide medical services
12 under Article V 5 of the Illinois Public Aid Code has been
13 suspended or terminated with respect to any person, firm,
14 corporation, association, agency, institution, or other legal
15 entity licensed under any Act administered by the Department
16 of Professional Regulation, the Department of Professional
17 Regulation shall determine whether there are reasonable
18 grounds to investigate the circumstances that which resulted
19 in the such suspension or termination. If such reasonable
20 grounds are found, the Department of Professional Regulation
21 shall conduct an investigation and take the such disciplinary
22 action against the licensee that as the Department determines
23 to be required under the appropriate licensing Act.
24 (Source: P.A. 85-225.)
25 (20 ILCS 2105/80-175 new)
26 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
27 Sec. 80-175. Reexaminations or rehearings. 60a. Whenever
28 the Director is satisfied that substantial justice has not
29 been done either in an examination or in the revocation of,
30 refusal to renew, suspension, placing on probationary status,
31 or the taking of other disciplinary action as may be
32 authorized in any licensing Act administered by the
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1 Department with regard to a license, certificate, or
2 authority, the Director he may order reexaminations or
3 rehearings by the same or other examiners or hearing
4 officers.
5 (Source: P.A. 83-230.)
6 (20 ILCS 2105/80-200 new)
7 (was 20 ILCS 2105/60.1) (from Ch. 127, par. 60.1)
8 Sec. 80-200. Index of formal decisions regarding
9 disciplinary action. 60.1. The Department of Professional
10 Regulation shall maintain an index of formal decisions
11 regarding the issuance of or, refusal to issue licenses, the
12 renewal of or refusal to renew licenses, the revocation or
13 and suspension of licenses, and probationary or other
14 disciplinary action taken by the Department after August 31,
15 1971 (the effective date of Public this amendatory Act
16 77-1400) of 1971. The decisions shall be indexed according to
17 the statutory Section sections and the administrative
18 regulation, if any, that which is the basis for the decision.
19 The index shall be available to the public during regular
20 business hours.
21 (Source: P.A. 85-225.)
22 (20 ILCS 2105/80-205 new)
23 (was 20 ILCS 2105/60.3)
24 Sec. 80-205. 60.3. Publication of disciplinary actions.
25 The Department shall publish, at least monthly, final
26 disciplinary actions taken by the Department against a
27 licensee or applicant pursuant to the Medical Practice Act of
28 1987. The specific disciplinary action and the name of the
29 applicant or licensee shall be listed. This publication
30 shall be made available to the public upon request and
31 payment of the fees set by the Department. This publication
32 may be made available to the public on the Internet through
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1 the State of Illinois World Wide Web site.
2 (Source: P.A. 89-702, eff. 7-1-97; 90-14, eff. 7-1-97.)
3 (20 ILCS 2105/80-210 new)
4 (was 20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
5 Sec. 80-210. 60.2. Annual report. The Department of
6 Professional Regulation shall prepare and file with the
7 General Assembly during the second week of January in each
8 calendar year a written report setting forth, with respect to
9 each professional, trade, or occupational school that is
10 regulated by the Department and that may not lawfully be
11 operated without a certificate of registration issued by the
12 Department:
13 (1) The number of written or verified complaints,
14 by license category, made or filed with the Department
15 during the immediately preceding calendar year alleging
16 the violation of any licensing Act administered by the
17 Department.
18 (2) The name and address of each such school with
19 respect to which or with respect to a representative of
20 which the Department, during the immediately preceding
21 calendar year, refused to issue or renew a certificate of
22 registration required for lawful operation of the school
23 and the reasons for that refusal.
24 (3) The name and address of each such school with
25 respect to which or with respect to a representative of
26 which the certificate of registration required for lawful
27 operation of the school was suspended, revoked, placed on
28 probation, reprimanded, or otherwise disciplined during
29 the immediately preceding calendar year and the reasons
30 for that discipline.
31 (4) The name and location of each such school at
32 which the Department made any on-site on site inspection
33 at any time during the immediately preceding calendar
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1 year and the date or dates on which each such on-site on
2 site visit was made at that school.
3 (Source: P.A. 90-14, eff. 7-1-97.)
4 (20 ILCS 2105/80-215 new)
5 (was 20 ILCS 2105/61a) (from Ch. 127, par. 61a)
6 Sec. 80-215. Proof of Department records. 61a. The
7 papers, entries, and records of the Department or parts
8 thereof may be proved in any legal proceeding by a copy
9 thereof certified under the signature of the keeper thereof
10 in the name of the Department with a seal of the Department
11 attached. A fee of $1.00 shall be paid to the Department for
12 the such certification.
13 (Source: P.A. 84-550.)
14 (20 ILCS 2105/80-220 new)
15 (was 20 ILCS 2105/61b) (from Ch. 127, par. 61b)
16 Sec. 80-220. Release of Department records pursuant to
17 subpoena. 61b. Prior to the release of any records of the
18 Department pursuant to a subpoena in a civil or criminal
19 proceeding, the party seeking the records shall pay to the
20 Department $1.00 per page for the such records.
21 (Source: P.A. 86-592.)
22 (20 ILCS 2105/80-300 new)
23 (was 20 ILCS 2105/61e)
24 Sec. 80-300. 61e. Professions Indirect Cost Fund;
25 allocations; analyses.
26 (a) Appropriations for the direct and allocable indirect
27 costs of licensing and regulating each regulated profession,
28 trade, or occupation are intended to be payable from the fees
29 and fines that are assessed and collected from that
30 profession, trade, or occupation, to the extent that those
31 fees and fines are sufficient. In any fiscal year in which
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1 the fees and fines generated by a specific profession, trade,
2 or occupation are insufficient to finance the necessary
3 direct and allocable indirect costs of licensing and
4 regulating that profession, trade, or occupation, the
5 remainder of those costs shall be financed from
6 appropriations payable from revenue sources other than fees
7 and fines. The direct and allocable indirect costs of the
8 Department identified in its cost allocation plans that are
9 not attributable to the licensing and regulation of a
10 specific profession, trade, or occupation or group of
11 professions, trades, or occupations shall be financed from
12 appropriations from revenue sources other than fees and
13 fines.
14 (b) The Professions Indirect Cost Fund is hereby created
15 as a special fund in the State Treasury. The Fund may
16 receive transfers of moneys authorized by the Department of
17 Professional Regulation from the cash balances in special
18 funds that receive revenues from the fees and fines
19 associated with the licensing of regulated professions,
20 trades, and occupations by the Department. Moneys in the
21 Fund shall be invested and earnings on the investments shall
22 be retained in the Fund. Subject to appropriation, the
23 Department shall use moneys in the Fund to pay the ordinary
24 and necessary allocable indirect expenses associated with
25 each of the regulated professions, trades, and occupations.
26 (c) Before the beginning of each fiscal year, the
27 Department shall prepare a cost allocation analysis to be
28 used in establishing the necessary appropriation levels for
29 each cost purpose and revenue source. At the conclusion of
30 each fiscal year, the Department shall prepare a cost
31 allocation analysis reflecting the extent of the variation
32 between how the costs were actually financed in that year and
33 the planned cost allocation for that year. Variations
34 between the planned and actual cost allocations for the prior
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1 fiscal year shall be adjusted into the Department's planned
2 cost allocation for the next fiscal year.
3 Each cost allocation analysis shall separately identify
4 the direct and allocable indirect costs of each regulated
5 profession, trade, or occupation and the costs of the
6 Department's general public health and safety purposes. The
7 analyses shall determine whether the direct and allocable
8 indirect costs of each regulated profession, trade, or
9 occupation and the costs of the Department's general public
10 health and safety purposes are sufficiently financed from
11 their respective funding sources. The Department shall
12 prepare the cost allocation analyses in consultation with the
13 respective regulated professions, trades, and occupations and
14 shall make copies of the analyses available to them in a
15 timely fashion.
16 (d) The Department may direct the State Comptroller and
17 Treasurer to transfer moneys from the special funds that
18 receive fees and fines associated with regulated professions,
19 trades, and occupations into the Professions Indirect Cost
20 Fund in accordance with the Department's cost allocation
21 analysis plan for the applicable fiscal year. For a given
22 fiscal year, the Department shall not direct the transfer of
23 moneys under this subsection from a special fund associated
24 with a specific regulated profession, trade, or occupation
25 (or group of professions, trades, or occupations) in an
26 amount exceeding the allocable indirect costs associated with
27 that profession, trade, or occupation (or group of
28 professions, trades, or occupations) as provided in the cost
29 allocation analysis for that fiscal year and adjusted for
30 allocation variations from the prior fiscal year. No direct
31 costs identified in the cost allocation plan shall be used as
32 a basis for transfers into the Professions Indirect Cost Fund
33 or for expenditures from the Fund.
34 (Source: P.A. 89-204, eff. 1-1-96; 89-474, eff. 6-18-96.)
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1 (20 ILCS 2105/80-325 new)
2 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
3 Sec. 80-325. Board member compensation. Except as
4 otherwise provided in any licensing Act, from amounts
5 appropriated for compensation and expenses of boards, each
6 member of each such board shall receive compensation at a
7 rate, established by the Director, not to exceed $50 per day,
8 for the member's his service and shall be reimbursed for the
9 member's his expenses necessarily incurred in relation to
10 that such service in accordance with the travel regulations
11 applicable to the Department at the time the expenses are
12 incurred.
13 (Source: P.A. 83-230.)
14 (20 ILCS 2205/Art. 85 heading new)
15 ARTICLE 85. DEPARTMENT OF PUBLIC AID
16 (20 ILCS 2205/85-1 new)
17 Sec. 85-1. Article short title. This Article 85 of the
18 Civil Administrative Code of Illinois may be cited as the
19 Department of Public Aid Law.
20 (20 ILCS 2205/85-5 new)
21 (was 20 ILCS 2205/48a) (from Ch. 127, par. 48a)
22 Sec. 85-5. 48a. Department of Public Aid Code Powers. The
23 Department of Public Aid shall administer "the Illinois
24 Public Aid Code", enacted by the 75th General Assembly.
25 (Source: Laws 1967, p. 234.)
26 (20 ILCS 2205/85-10 new)
27 (was 20 ILCS 2205/48b) (from Ch. 127, par. 48b)
28 Sec. 85-10. Suspension or termination of authorization to
29 provide medical services. 48b. Whenever the Department of
30 Public Aid suspends or terminates the authorization of any
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1 person, firm, corporation, association, agency, institution,
2 or other legal entity to provide medical services under
3 Article V 5 of the Illinois Public Aid Code and the practice
4 of providing those such services or the maintenance of
5 facilities for those such services is licensed under a
6 licensing Act administered by the Department of Public Health
7 or the Department of Professional Regulation, the Department
8 of Public Aid shall, within 30 days of the such suspension or
9 termination, give written notice of the such suspension or
10 termination and transmit a record of the evidence and specify
11 the grounds on which the suspension or termination is based
12 to the Department that which administers the licensing Act
13 under which that person, firm, corporation, association,
14 agency, institution, or other legal entity is licensed,
15 subject to any confidentiality requirements imposed by
16 applicable federal or State law. The cost of any such record
17 shall be borne by the Department to which it is transmitted.
18 (Source: P.A. 85-225.)
19 (20 ILCS 2310/Art. 90 heading new)
20 ARTICLE 90. DEPARTMENT OF PUBLIC HEALTH
21 (20 ILCS 2310/90-1 new)
22 Sec. 90-1. Article short title. This Article 90 of the
23 Civil Administrative Code of Illinois may be cited as the
24 Department of Public Health Powers and Duties Law.
25 (20 ILCS 2310/90-5 new)
26 Sec. 90-5. Definitions. In this Law:
27 "Department" means the Department of Public Health.
28 "Director" means the Director of Public Health.
29 (20 ILCS 2310/90-10 new)
30 (was 20 ILCS 2310/55) (from Ch. 127, par. 55)
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1 Sec. 90-10. Powers and duties, generally. 55. The
2 Department of Public Health has the powers and duties
3 enumerated in the Sections following this Section and
4 preceding Section 55a.
5 (Source: P.A. 86-479; 86-610; 86-732; 86-839; 86-878; 86-884;
6 86-885; 86-919; 86-996; 86-1004; 86-1028; 86-1377.)
7 (20 ILCS 2310/90-15 new)
8 (was 20 ILCS 2310/55.02) (from Ch. 127, par. 55.02)
9 Sec. 90-15. General supervision of health; delegation to
10 local boards of health. 55.02. To have the general
11 supervision of the interests of the health and lives of the
12 people of the State and to exercise the rights, powers, and
13 duties of those Acts that which it is by law authorized to
14 enforce. The Department shall have the general authority to
15 delegate to county and multiple-county boards of health the
16 duties under those Acts it is authorized to enforce for the
17 purpose of local administration and enforcement. Upon
18 accepting the delegation, county and multiple-county boards
19 of health shall administer and enforce the minimum program
20 standards promulgated by the Department under the provisions
21 of those Acts. County and multiple-county boards of health
22 may establish reasonable fees for the permits, licenses, or
23 other activities performed under the delegation agreement.
24 The Department may waive any portion of its fees established
25 by statute or rule if the county or multiple-county board of
26 health accepts the delegation.
27 (Source: P.A. 87-1162.)
28 (20 ILCS 2310/90-20 new)
29 (was 20 ILCS 2310/55.17) (from Ch. 127, par. 55.17)
30 Sec. 90-20. Promoting information of general public.
31 55.17. To promote the information of the general public in
32 all matters pertaining to health.
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1 (Source: Laws 1951, p. 1512.)
2 (20 ILCS 2310/90-25 new)
3 (was 20 ILCS 2310/55.05) (from Ch. 127, par. 55.05)
4 Sec. 90-25. Disbursements to agencies and organizations;
5 payments for individuals. 55.05. To approve the disbursement
6 of State and federal funds to local health authorities and to
7 other public or private agencies and organizations for the
8 development of health programs or services, and to make
9 payments to or on behalf of individuals suffering from
10 diseases or disabilities from appropriations made available
11 to the Department for those such purposes.
12 (Source: P.A. 80-994.)
13 (20 ILCS 2310/90-30 new)
14 (was 20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
15 Sec. 90-30. Contracts for health services and products.
16 55.12. To enter into contracts with the Federal Government,
17 other States, local governmental units, and other public or
18 private agencies or organizations for the purchase, sale, or
19 exchange of health services and products that which may
20 benefit the health of the people.
21 (Source: P.A. 90-372, eff. 7-1-98.)
22 (20 ILCS 2310/90-35 new)
23 (was 20 ILCS 2310/55.27) (from Ch. 127, par. 55.27)
24 Sec. 90-35. Federal monies. 55.27. To accept, receive,
25 and receipt for federal monies, for and in behalf of the
26 State, given by the federal government under any federal law
27 to the State for health purposes, surveys, or programs, and
28 to adopt necessary rules pertaining thereto pursuant to the
29 Illinois Administrative Procedure Act.
30 (Source: P.A. 83-1496.)
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1 (20 ILCS 2310/90-40 new)
2 (was 20 ILCS 2310/55.28) (from Ch. 127, par. 55.28)
3 Sec. 90-40. Gifts and donations. 55.28. To accept,
4 receive, and receipt for gifts, donations, grants, or
5 bequests for health purposes.
6 (Source: Laws 1951, p. 1512.)
7 (20 ILCS 2310/90-45 new)
8 (was 20 ILCS 2310/55.29) (from Ch. 127, par. 55.29)
9 Sec. 90-45. State Treasurer as custodian of funds. 55.29.
10 Funds received by the Department of Public Health pursuant to
11 Section 90-35 Sections 55.27 or 90-40 55.28 shall be
12 deposited with the State Treasurer and held and disbursed by
13 the Treasurer him in accordance with the Treasurer as
14 Custodian of Funds Act "An Act in relation to the receipt,
15 custody and disbursement of money allotted by the United
16 States of America or any agency thereof for use in this
17 State," approved July 3, 1939, as amended.
18 (Source: Laws 1951, p. 1512.)
19 (20 ILCS 2310/90-50 new)
20 (was 20 ILCS 2310/55.19) (from Ch. 127, par. 55.19)
21 Sec. 90-50. Cooperation of organizations and agencies.
22 55.19. To enlist the cooperation of organizations of
23 physicians and other agencies for the promotion and
24 improvement of health and sanitation throughout the State.
25 (Source: Laws 1951, p. 1512.)
26 (20 ILCS 2310/90-55 new)
27 (was 20 ILCS 2310/55.14) (from Ch. 127, par. 55.14)
28 Sec. 90-55. Collecting information regarding mortality
29 and other matters. 55.14. To obtain, collect, and preserve
30 such information relative to mortality, morbidity, disease,
31 and health that as may be useful in the discharge of its
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1 duties or may contribute to the promotion of health or to the
2 security of life in this State.
3 (Source: Laws 1951, p. 1512.)
4 (20 ILCS 2310/90-60 new)
5 (was 20 ILCS 2310/55.22) (from Ch. 127, par. 55.22)
6 Sec. 90-60. Publishing documents relating to health.
7 55.22. To print, publish, and distribute documents, reports,
8 bulletins, certificates, and other matter relating to the
9 prevention of diseases and the health and sanitary conditions
10 of the State.
11 (Source: Laws 1951, p. 1512.)
12 (20 ILCS 2310/90-65 new)
13 (was 20 ILCS 2310/55.26) (from Ch. 127, par. 55.26)
14 Sec. 90-65. Hospital construction and health service
15 programs. 55.26. To conduct State-wide inventories of
16 existing hospitals, health service facilities, and personnel
17 for hospital and medical care and a survey of need of
18 hospitals, health service facilities, and personnel;, to
19 adopt State plans, based upon those such inventories and
20 surveys, embracing a hospital construction program and a
21 health service program for hospital and medical care; and to
22 make reports in the such form and containing the such
23 information that as the Surgeon General of the United States
24 Public Health Service may from time to time reasonably
25 require; and to do all other things on behalf of the State
26 that as may be necessary in order for the State to
27 participate in the benefits of the "Hospital Survey and
28 Construction Act," enacted by the 79th Congress, and any
29 other Act enacted by Congress pertaining to hospital and
30 medical care and health services. The Department of Public
31 Health is designated as the sole State agency for the
32 administration of those such State plans and as the agency
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1 for receiving payments to the State from the United States of
2 America in accordance with the provisions of those such Acts
3 of Congress.
4 (Source: Laws 1951, p. 1512.)
5 (20 ILCS 2310/90-75 new)
6 (was 20 ILCS 2310/55.38) (from Ch. 127, par. 55.38)
7 Sec. 90-75. Impact of diesel powered equipment and
8 explosives in underground coal mines. 55.38. The Department
9 of Public Health shall conduct a study of underground coal
10 mines that which use diesel powered equipment or explosives
11 while persons are working underground. The Such study shall
12 include, at a minimum, an assessment of the health and safety
13 impacts from the use of those such practices and equipment.
14 The Department shall report its findings to the Governor and
15 the General Assembly by no later than January 1, 1986.
16 (Source: P.A. 83-1236.)
17 (20 ILCS 2310/90-90 new)
18 (was 20 ILCS 2310/55.09) (from Ch. 127, par. 55.09)
19 Sec. 90-90. Laboratories; fees; Public Health Laboratory
20 Services Revolving Fund. 55.09. To maintain physical,
21 chemical, bacteriological, and biological laboratories; to
22 make examinations of milk, water, atmosphere, sewage, wastes,
23 and other substances, and equipment and processes relating
24 thereto; to make diagnostic tests for diseases and tests for
25 the evaluation of health hazards considered necessary for the
26 protection of the people of the State; and to assess a
27 reasonable fee for services provided as established by
28 regulation, under the Illinois Administrative Procedure Act,
29 which shall not exceed the Department's actual costs to
30 provide these services.
31 Excepting fees collected under the Phenylketonuria
32 Testing Act and the Lead Poisoning Prevention Act, all fees
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1 shall be deposited into the Public Health Laboratory Services
2 Revolving Fund. Other State and federal funds related to
3 laboratory services may also be deposited into the Fund, and
4 all interest that accrues on the moneys in the Fund shall be
5 deposited into the Fund.
6 Moneys shall be appropriated from the Fund solely for the
7 purposes of testing specimens submitted in support of
8 Department programs established for the protection of human
9 health, welfare, and safety, and for testing specimens
10 submitted by physicians and other health care providers, to
11 determine whether chemically hazardous, biologically
12 infectious substances, or other disease causing conditions
13 are present.
14 (Source: P.A. 88-85.)
15 (20 ILCS 2310/90-100 new)
16 (was 20 ILCS 2310/55.16) (from Ch. 127, par. 55.16)
17 Sec. 90-100. Work of local health officers and agencies.
18 55.16. To keep informed of the work of local health officers
19 and agencies throughout the State.
20 (Source: Laws 1951, p. 1512.)
21 (20 ILCS 2310/90-105 new)
22 (was 20 ILCS 2310/55.18) (from Ch. 127, par. 55.18)
23 Sec. 90-105. Supervising and aiding local authorities.
24 55.18. To supervise, aid, direct, and assist local health
25 authorities or agencies in the administration of the health
26 laws.
27 (Source: Laws 1951, p. 1512.)
28 (20 ILCS 2310/90-110 new)
29 (was 20 ILCS 2310/55.25) (from Ch. 127, par. 55.25)
30 Sec. 90-110. Defense zones for public health purposes;
31 local approval. 55.25. To define the boundaries of defense
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1 zones within this State for public health purposes, to alter
2 those boundaries the same from time to time, to establish and
3 maintain health departments in those such defense zones, and
4 to prescribe their powers and duties; provided, that no city,
5 village, or incorporated town that which has established and
6 is maintaining a board of health or public health board or
7 department pursuant to the provisions of the Illinois
8 Municipal Code, as heretofore and hereafter amended, or any
9 portion of that such municipality or any territory owned by,
10 leased to, or subject to the jurisdiction of any such
11 municipality, shall be included within any such defense zone
12 except upon approval of the corporate authorities of the such
13 municipality, or of the mayor or president of the board of
14 trustees of the municipality thereof unless or until that
15 such approval is rescinded by action of the city council or
16 board of trustees; provided, that in cities and villages
17 under the commission form of government, that such approval
18 must be concurred in by a majority of the council.
19 (Source: Laws 1961, p. 1418.)
20 (20 ILCS 2310/90-130 new)
21 (was 20 ILCS 2310/55.82)
22 Sec. 90-130. 55.82. Medicare or Medicaid certification
23 fee; Health Care Facility and Program Survey Fund. To
24 establish and charge a fee to any facility or program
25 applying to be certified to participate in the Medicare
26 program under Title XVIII of the federal Social Security Act
27 or in the Medicaid program under Title XIX of the federal
28 Social Security Act to cover the costs associated with the
29 application, inspection, and survey of the facility or
30 program, and processing of the application. The Department
31 shall establish the fee by rule, and the fee shall be based
32 only on those application, inspection, and survey, and
33 processing costs not reimbursed to the State by the federal
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1 government. The fee shall be paid by the facility or program
2 before the application is processed.
3 The fees received by the Department under this Section
4 shall be deposited into the Health Care Facility and Program
5 Survey Fund, which is hereby created as a special fund in the
6 State treasury. Moneys in the Fund shall be appropriated to
7 the Department and may be used for any costs incurred by the
8 Department, including personnel costs, in the processing of
9 applications for Medicare or Medicaid certification.
10 (Source: P.A. 89-499, eff. 6-28-96.)
11 (20 ILCS 2310/90-135 new)
12 (was 20 ILCS 2310/55.37) (from Ch. 127, par. 55.37)
13 Sec. 90-135. Notice of suspension or termination of
14 medical services provider under Public Aid Code. 55.37. When
15 the Department of Public Health receives notice from the
16 Department of Public Aid, as required by Section 85-10 48b of
17 the Department of Public Aid Law (20 ILCS 2205/85-10) this
18 Act, that the authorization to provide medical services under
19 Article V 5 of the Illinois Public Aid Code has been
20 suspended or terminated termination with respect to any
21 person, firm, corporation, association, agency, institution,
22 or other legal entity licensed under any Act administered by
23 the Department of Public Health, the Department of Public
24 Health shall determine whether there are reasonable grounds
25 to investigate the circumstances that which resulted in the
26 such suspension or termination. If such reasonable grounds
27 are found, the Department of Public Health shall conduct an
28 investigation and take such disciplinary action against the
29 licensee that as the Department determines to be required
30 under the appropriate licensing Act.
31 (Source: P.A. 80-1364.)
32 (20 ILCS 2310/90-140 new)
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1 (was 20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
2 Sec. 90-140. Recommending suspension of licensed health
3 care professional. 55.37a. The Director of Public Health,
4 upon making a determination based upon information in the
5 possession of the Department, that continuation in practice
6 of a licensed health care professional would constitute an
7 immediate danger to the public, shall submit a written
8 communication to the Director of the Department of
9 Professional Regulation indicating that such determination
10 and additionally providing a complete summary of the
11 information upon which the such determination is based, and
12 recommending that the Director of Professional Regulation
13 immediately suspend the such person's license. All relevant
14 evidence, or copies thereof, in the Department's possession
15 may also be submitted in conjunction with the written
16 communication. A copy of the such written communication,
17 which is exempt from the copying and inspection provisions of
18 the Freedom of Information Act, shall at the time of
19 submittal to the Director of the Department of Professional
20 Regulation be simultaneously mailed to the last known
21 business address of the such licensed health care
22 professional by certified or registered postage, United
23 States Mail, return receipt requested. Any evidence, or
24 copies thereof, that which is submitted in conjunction with
25 the written communication is also exempt from for the copying
26 and inspection provisions of the Freedom of Information Act.
27 For the purposes of this Section, "licensed health care
28 professional" means any person licensed under the Illinois
29 Dental Practice Act, the Illinois Nursing Act of 1987, the
30 Medical Practice Act of 1987, the Pharmacy Practice Act of
31 1987, the Podiatric Medical Practice Act of 1987, or and the
32 Illinois Optometric Practice Act of 1987.
33 (Source: P.A. 85-1209.)
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1 (20 ILCS 2310/90-155 new)
2 (was 20 ILCS 2310/55.24) (from Ch. 127, par. 55.24)
3 Sec. 90-155. Transfer of realty to other State agency;
4 acquisition of federal lands. 55.24. To transfer jurisdiction
5 of any realty under the control of the Department to any
6 other department of State government, or to the State
7 Employees Housing Commission, or to acquire or accept federal
8 lands, when the such transfer, acquisition, or acceptance is
9 advantageous to the State and is approved in writing by the
10 Governor.
11 (Source: Laws 1951, p. 1512.)
12 (20 ILCS 2310/90-170 new)
13 (was 20 ILCS 2310/55.30) (from Ch. 127, par. 55.30)
14 Sec. 90-170. No application to sanitary district with
15 population over 1,000,000. 55.30. Nothing contained in the
16 Civil Administrative Code of Illinois this Act contained
17 shall apply to or be construed in any manner to affect the
18 property, real, personal, or mixed and wherever situated, or
19 the channels, drains, ditches, and outlets and adjuncts and
20 additions thereto and their use, operation, and maintenance
21 and the right to the flow of water therein for sewage
22 dilution, or affect the jurisdiction, rights, power, duties,
23 and obligations of any existing sanitary district that which
24 now has a population of 1,000,000 one million or more within
25 its territorial limits.
26 (Source: Laws 1951, p. 1512.)
27 (20 ILCS 2310/90-185 new)
28 (was 20 ILCS 2310/55.51) (from Ch. 127, par. 55.51)
29 Sec. 90-185. Criminal history record information. 55.51.
30 Whenever the Department is authorized or required by law to
31 consider some aspect of criminal history record information
32 for the purpose of carrying out its statutory powers and
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1 responsibilities, then, upon request and payment of fees in
2 conformance with the requirements of subsection 22 of Section
3 100-400 55a of the Department of State Police Law (20 ILCS
4 2605/100-400) "The Civil Administrative Code of Illinois",
5 the Department of State Police is authorized to furnish,
6 pursuant to positive identification, the such information
7 contained in State files that as is necessary to fulfill the
8 request.
9 (Source: P.A. 86-610; 86-1028.)
10 (20 ILCS 2310/90-195 new)
11 (was 20 ILCS 2310/55.39) (from Ch. 127, par. 55.39)
12 Sec. 90-195. Administrative rules. 55.39. To adopt all
13 administrative rules that which may be necessary for the
14 effective administration, enforcement, and regulation of all
15 matters for which the Department has jurisdiction or
16 responsibility.
17 (Source: P.A. 84-832.)
18 (20 ILCS 2310/90-200 new)
19 (was 20 ILCS 2310/55.53) (from Ch. 127, par. 55.53)
20 Sec. 90-200. 55.53. Programs to expand access to primary
21 care.
22 (a) The Department shall establish a program to expand
23 access to comprehensive primary care in medically underserved
24 communities throughout Illinois. This program may include
25 the provision of financial support and technical assistance
26 to eligible community health centers. To be eligible for
27 those such grants, community health centers must meet
28 requirements comparable to those enumerated in Sections 329
29 and 330 of the federal Public Health Service Act. In
30 establishing its program, the Department shall avoid
31 duplicating resources in areas already served by community
32 health centers.
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1 (b) The Department may develop financing programs with
2 the Illinois Development Finance Authority to carry out the
3 purposes of the Civil Administrative Code of Illinois this
4 Act or any other Act that the Department is responsible for
5 administering. The Department may transfer to the Illinois
6 Development Finance Authority, into an account outside of the
7 State treasury, any moneys it deems necessary from its
8 accounts to establish bond reserve or credit enhancement
9 escrow accounts, or loan or equipment leasing programs. The
10 disposition of moneys at the conclusion of any such financing
11 program shall be determined by an interagency agreement.
12 (Source: P.A. 88-535.)
13 (20 ILCS 2310/90-205 new)
14 (was 20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
15 Sec. 90-205. 55.57. Community health centers. From
16 appropriations from the Community Health Center Care Fund, a
17 special fund in the State treasury which is hereby created,
18 the Department shall provide financial assistance (i) to (a)
19 migrant health centers and community health centers
20 established pursuant to Sections 329 or 330 of the federal
21 Public Health Service Act or that which meet the standards
22 contained in either of those Sections; and (ii) (b) for the
23 purpose of establishing new migrant health centers or
24 community health centers in areas of need.
25 (Source: P.A. 86-996; 86-1028.)
26 (20 ILCS 2310/90-210 new)
27 (was 20 ILCS 2310/55.62a)
28 Sec. 90-210. 55.62a. Advisory Panel on Minority Health.
29 (a) In this Section:
30 "Health profession" means any health profession regulated
31 under the laws of this State, including, without limitation,
32 professions regulated under the Illinois Athletic Trainers
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1 Practice Act, the Clinical Psychologist Licensing Act, the
2 Clinical Social Work and Social Work Practice Act, the
3 Illinois Dental Practice Act, the Dietetic and Nutrition
4 Services Practice Act, the Marriage and Family Therapy
5 Licensing Act, the Medical Practice Act of 1987, the
6 Naprapathic Practice Act, the Illinois Nursing Act of 1987,
7 the Illinois Occupational Therapy Practice Act, the Illinois
8 Optometric Practice Act of 1987, the Illinois Physical
9 Therapy Act, the Physician Assistant Practice Act of 1987,
10 the Podiatric Medical Practice Act of 1987, the Professional
11 Counselor and Clinical Professional Counselor Licensing Act,
12 and the Illinois Speech-Language Pathology and Audiology
13 Practice Act.
14 "Minority" has the same meaning as in Section 90-215.
15 55.62.
16 (b) The General Assembly finds as follows:
17 (1) The health status of individuals from ethnic
18 and racial minorities in this State is significantly
19 lower than the health status of the general population of
20 the State.
21 (2) Minorities suffer disproportionately high rates
22 of cancer, stroke, heart disease, diabetes, sickle-cell
23 anemia, lupus, substance abuse, acquired immune
24 deficiency syndrome, other diseases and disorders,
25 unintentional injuries, and suicide.
26 (3) The incidence of infant mortality among
27 minorities is almost double that for the general
28 population.
29 (4) Minorities suffer disproportionately from lack
30 of access to health care and poor living conditions.
31 (5) Minorities are under-represented in the health
32 care professions.
33 (6) Minority participation in the procurement
34 policies of the health care industry is lacking.
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1 (7) Minority health professionals historically have
2 tended to practice in low-income areas and to serve
3 minorities.
4 (8) National experts on minority health report that
5 access to health care among minorities can be
6 substantially improved by increasing the number of
7 minority health professionals.
8 (9) Increasing the number of minorities serving on
9 the facilities of health professional schools is an
10 important factor in attracting minorities to pursue a
11 career in health professions.
12 (10) Retaining minority health professionals
13 currently practicing in this State and those receiving
14 training and education in this State is an important
15 factor in maintaining and increasing the number of
16 minority health professionals in Illinois.
17 (11) An Advisory Panel on Minority Health is
18 necessary to address the health issues affecting
19 minorities in this State.
20 (c) The General Assembly's intent is as follows:
21 (1) That all Illinoisans have access to health
22 care.
23 (2) That the gap between the health status of
24 minorities and other Illinoisans be closed.
25 (3) That the health issues that disproportionately
26 affect minorities be addressed to improve the health
27 status of minorities.
28 (4) That the number of minorities in the health
29 professions be increased.
30 (d) The Advisory Panel on Minority Health is created.
31 The Advisory Panel shall consist of 25 members appointed by
32 the Director of Public Health. The members shall represent
33 health professions and the General Assembly.
34 (e) The Advisory Panel shall assist the Department in
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1 the following manner:
2 (1) Examination of the following areas as they
3 relate to minority health:
4 (A) Access to health care.
5 (B) Demographic factors.
6 (C) Environmental factors.
7 (D) Financing of health care.
8 (E) Health behavior.
9 (F) Health knowledge.
10 (G) Utilization of quality care.
11 (H) Minorities in health care professions.
12 (2) Development of monitoring, tracking, and
13 reporting mechanisms for programs and services with
14 minority health goals and objectives.
15 (3) Communication with local health departments,
16 community-based organizations, voluntary health
17 organizations, and other public and private organizations
18 statewide, on an ongoing basis, to learn more about their
19 services to minority communities, the health problems of
20 minority communities, and their ideas for improving
21 minority health.
22 (4) Promotion of communication among all State
23 agencies that provide services to minority populations.
24 (5) Building coalitions between the State and
25 leadership in minority communities.
26 (6) Encouragement of recruitment and retention of
27 minority health professionals.
28 (7) Improvement in methods for collecting and
29 reporting data on minority health.
30 (8) Improvement in accessibility to health and
31 medical care for minority populations in under-served
32 rural and urban areas.
33 (9) Reduction of communication barriers for
34 non-English speaking residents.
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1 (10) Coordination of the development and
2 dissemination of culturally appropriate and sensitive
3 education material, public awareness messages, and health
4 promotion programs for minorities.
5 (f) On or before January 1, 1997 the Advisory Panel
6 shall submit an interim report to the Governor and the
7 General Assembly. The interim report shall include an update
8 on the Advisory Panel's progress in performing its functions
9 under this Section and shall include recommendations,
10 including recommendations for any necessary legislative
11 changes.
12 On or before January 1, 1998 the Advisory Panel shall
13 submit a final report to the Governor and the General
14 Assembly. The final report shall include the following:
15 (1) An evaluation of the health status of
16 minorities in this State.
17 (2) An evaluation of minority access to health care
18 in this State.
19 (3) Recommendations for improving the health status
20 of minorities in this State.
21 (4) Recommendations for increasing minority access
22 to health care in this State.
23 (5) Recommendations for increasing minority
24 participation in the procurement policies of the health
25 care industry.
26 (6) Recommendations for increasing the number of
27 minority health professionals in this State.
28 (7) Recommendations that will ensure that the
29 health status of minorities in this State continues to be
30 addressed beyond the expiration of the Advisory Panel.
31 (Source: P.A. 89-298, eff. 1-1-96.)
32 (20 ILCS 2310/90-215 new)
33 (was 20 ILCS 2310/55.62) (from Ch. 127, par. 55.62)
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1 Sec. 90-215. 55.62. Center for Minority Health Services.
2 (a) The Department shall establish a Center for Minority
3 Health Services to advise the Department on matters
4 pertaining to the health needs of minority populations within
5 the State.
6 (b) The Center shall have the following duties:
7 (1) To assist in the assessment of the health needs
8 of minority populations in the State.
9 (2) To recommend treatment methods and programs
10 that are sensitive and relevant to the unique linguistic,
11 cultural, and ethnic characteristics of minority
12 populations.
13 (3) To provide consultation, technical assistance,
14 training programs, and reference materials to service
15 providers, organizations, and other agencies.
16 (4) To promote awareness of minority health
17 concerns, and encourage, promote, and aid in the
18 establishment of minority services.
19 (5) To disseminate information on available
20 minority services.
21 (6) To provide adequate and effective opportunities
22 for minority populations to express their views on
23 Departmental policy development and program
24 implementation.
25 (7) To coordinate with the Department on Aging and
26 the Department of Public Aid to coordinate services
27 designed to meet the needs of minority senior citizens.
28 (c) For the purpose of this Section, "minority" shall
29 mean and include any person or group of persons who are:
30 (1) African-American (a person having origins in
31 any of the black racial groups in Africa);
32 (2) Hispanic (a person of Spanish or Portuguese
33 culture with origins in Mexico, South or Central America,
34 or the Caribbean Islands, regardless of race);
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1 (3) Asian American (a person having origins in any
2 of the original peoples of the Far East, Southeast Asia,
3 the Indian Subcontinent or the Pacific Islands); or
4 (4) American Indian or Alaskan Native (a person
5 having origins in any of the original peoples of North
6 America).
7 (Source: P.A. 87-633; 87-895; 88-254.)
8 (20 ILCS 2310/90-220 new)
9 (was 20 ILCS 2310/55.73)
10 Sec. 90-220. 55.73. Findings; rural obstetrical care.
11 The General Assembly finds that substantial areas of rural
12 Illinois lack adequate access to obstetrical care. The
13 primary cause of this problem is the absence of qualified
14 practitioners who are willing to offer obstetrical services.
15 A significant barrier to recruiting and retaining those
16 practitioners is the high cost of professional liability
17 insurance for practitioners offering obstetrical care.
18 Therefore, the Department, from funds appropriated for
19 that purpose, shall award grants to physicians practicing
20 obstetrics in rural designated shortage areas, as defined in
21 Section 3.04 of the Family Practice Residency Act, for the
22 purpose of reimbursing those physicians for the costs of
23 obtaining malpractice insurance relating to obstetrical
24 services. The Department shall establish reasonable
25 conditions, standards, and duties relating to the application
26 for and receipt of the grants.
27 (Source: P.A. 88-206; 88-670, eff. 12-2-94.)
28 (20 ILCS 2310/90-225 new)
29 (was 20 ILCS 2310/55.58) (from Ch. 127, par. 55.58)
30 Sec. 90-225. Nurse incentive program for medically
31 underserved areas. 55.58. The Department shall undertake a
32 study to determine what incentives might be necessary to
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1 attract nurses to practice in medically underserved areas of
2 Illinois. Based on the research and experience of other
3 states and the private sector, a variety of incentive
4 programs should be examined for their feasibility and
5 possible development and implementation in Illinois. Based
6 upon the results of this study, the Department may implement
7 a nurse incentive program, subject to available
8 appropriations.
9 (Source: P.A. 86-1004.)
10 (20 ILCS 2310/90-230 new)
11 (was 20 ILCS 2310/55.67) (from Ch. 127, par. 55.67)
12 Sec. 90-230. Reevaluation of health manpower shortage
13 areas. 55.67. The Illinois Department of Public Health shall
14 reevaluate the health manpower shortage areas after each
15 decennial census.
16 (Source: P.A. 87-487; 87-895.)
17 (20 ILCS 2310/90-235 new)
18 (was 20 ILCS 2310/55.63) (from Ch. 127, par. 55.63)
19 Sec. 90-235. Impact of trauma care closures. 55.63. The
20 Department shall study the impact of trauma care closures on
21 delivery and access to emergency health care services. The
22 Department shall report its findings to the General Assembly
23 no later than June 1, 1992.
24 (Source: P.A. 87-633.)
25 (20 ILCS 2310/90-250 new)
26 (was 20 ILCS 2310/55.13) (from Ch. 127, par. 55.13)
27 Sec. 90-250. Distribution of vaccines and other medicines
28 and products. 55.13. To acquire and distribute free of charge
29 for the benefit of citizens of the State upon request by
30 physicians licensed in Illinois to practice medicine in all
31 of its branches or by licensed hospitals in the State
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1 diphtheria antitoxin, typhoid vaccine, smallpox vaccine,
2 poliomyelitis vaccine and other sera, vaccines,
3 prophylactics, and drugs that such as are of recognized
4 efficiency in the diagnosis, prevention, and treatment of
5 diseases; also biological products, blood plasma, penicillin,
6 sulfonamides, and such other products and medicines that as
7 are of recognized therapeutic efficiency in the use of first
8 aid treatment in case of accidental injury or in the
9 prevention and treatment of diseases or conditions harmful to
10 health; provided that those such drugs shall be manufactured
11 only during the such period that as they are not made readily
12 available by private sources. These medications and biologics
13 may be distributed through public and private agencies or
14 individuals and firms designated by the Director as
15 authorized agencies for this purpose.
16 (Source: Laws 1963, p. 3222.)
17 (20 ILCS 2310/90-255 new)
18 (was 20 ILCS 2310/55.75)
19 Sec. 90-255. 55.75. Immunization outreach programs
20 Program.
21 (a) The Illinois General Assembly finds and declares the
22 following:
23 (1) There is a growing number of 2-year-old
24 children who have not received the necessary childhood
25 immunizations to prevent communicable diseases.
26 (2) The reasons these children do not receive
27 immunizations are many and varied. These reasons
28 include, but are not limited to, the following:
29 (A) Their parents live in poverty and do not
30 have access to insurance coverage for health care
31 and immunizations.
32 (B) Their parents come from non-English
33 speaking cultures where the importance of early
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1 childhood immunizations has not been emphasized.
2 (C) Their parents do not receive adequate
3 referral to immunization programs or do not have
4 access to public immunization programs through other
5 public assistance services.
6 (3) (D) The percentage of fully immunized
7 African-American and Hispanic 2-year-old children is
8 significantly less than that for Whites.
9 (4) (E) The ages of concern that remain are infancy
10 and preschool, especially for those children at high risk
11 because of a medical condition or because of social and
12 environmental factors.
13 (5) (F) Ensuring protective levels of immunization
14 against communicable disease for these children is the
15 most historically proven cost-effective preventive
16 measure available to public health agencies.
17 (6) (3) It is the intent of the General Assembly to
18 establish an immunization outreach program to respond to
19 this problem.
20 (b) The Department, of Public Health in cooperation with
21 county, multiple county, and municipal health departments,
22 may establish permanent, temporary, or mobile sites for
23 immunizing children or referring parents to other programs
24 that provide immunizations and comprehensive health services.
25 These sites may include, but are not limited to, the
26 following:
27 (1) Public places where parents of children at high
28 risk of remaining unimmunized reside, shop, worship, or
29 recreate.
30 (2) School grounds, either during regular hours,
31 evening hours, or on weekends.
32 (3) Places on or adjacent to sites of public or
33 community-based agencies or programs that either provide
34 or refer persons to public assistance programs or
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1 services.
2 (c) Outreach programs shall, to the extent feasible,
3 include referral components intended to link immunized
4 children with available public or private primary care
5 providers to increase access to continuing pediatric care
6 including subsequent immunization services.
7 (d) The population to be targeted by the programs
8 program shall include children who do not receive
9 immunizations through private third-party sources or other
10 public sources with priority given to infants and children
11 from birth up to age 3. Outreach programs shall provide
12 information to the families of children being immunized about
13 possible reactions to the vaccine and about follow-up
14 referral sources.
15 (Source: P.A. 88-493; 88-670, eff. 12-2-94.)
16 (20 ILCS 2310/90-275 new)
17 (was 20 ILCS 2310/55.61) (from Ch. 127, par. 55.61)
18 Sec. 90-275. 55.61. Child health insurance plan study.
19 (a) The Department, in cooperation with the Department
20 of Insurance and the Department of Public Aid, shall
21 undertake a study to determine the feasibility of
22 establishing a child health insurance plan to provide primary
23 and preventive health care services for children. The study
24 shall provide an analysis of the types of health care
25 services and benefits needed, including, but not limited to,
26 well-child care, diagnosis and treatment of illness and
27 injury, prescription drugs, and laboratory services. The
28 study shall include an analysis of the cost of the plan and
29 possible sources of funding. The study shall include a
30 review of similar plans operating in other states.
31 (b) The Department shall file its report as provided in
32 Section 3.1 of the General Assembly Organization Act no later
33 than 6 months after January 1, 1992 the effective date of
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1 this amendatory Act of 1991.
2 (Source: P.A. 87-252.)
3 (20 ILCS 2310/90-300 new)
4 (was 20 ILCS 2310/55.78)
5 Sec. 90-300. 55.78. Healthy Families initiative; child
6 abuse and neglect.
7 (a) The Department of Public Health, in cooperation with
8 the Department of Children and Family Services, the Illinois
9 Department of Public Aid, and other related State and
10 community agencies, shall convene a steering committee to
11 develop a plan to implement a Healthy Families statewide
12 initiative to prevent the occurrence of child abuse and
13 neglect and to promote positive child health and development.
14 The program shall be based on the Healthy Families America
15 model of a voluntary program to identify at-risk families who
16 are confronted with a significant number of elements that
17 could lead to child abuse and neglect and to offer help
18 before any incidence occurs.
19 (b) The goals of the Healthy Families Initiative shall
20 include the following:
21 (1) Strengthening family functioning.
22 (2) Enhancing child development.
23 (3) Promoting positive parenting.
24 (4) Enhancing parent-child interaction.
25 (5) Ensuring primary health care for all families.
26 (6) Ensuring appropriate use of health and
27 community resources in providing prevention services and
28 the promotion of positive child health and development.
29 (c) The steering committee may review similar programs
30 operating in other states. The Initiative must provide a
31 comprehensive, coordinated program of prevention services for
32 infants and young children through a voluntary home visitor
33 program for new parents and their children. The plan shall
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1 utilize and may expand existing programs and services
2 currently operating in the State. Where there are no
3 existing services, the Department may authorize the
4 development of new local programs, which incorporate the
5 proven critical elements contained in the Healthy Families
6 America model. The programs shall include an evaluation
7 component. The Department is authorized to contract for the
8 study. The Department may provide, by grant or contract,
9 support to a statewide child abuse prevention organization
10 for the development and implementation of the Healthy
11 Families initiative and evaluation. Funds for the Healthy
12 Families initiative shall be sought from the federal
13 government and State human service code departments. Private
14 sponsorship may also be sought.
15 (d) The steering committee shall inventory State and
16 local resources providing relevant home visitation services
17 to families and evaluate how these resources may be included
18 in a statewide Healthy Families implementation plan. This
19 may result in renaming current programs and bringing them
20 into compliance with the requirements of the Healthy Families
21 America model to create a comprehensive statewide system that
22 can be effectively monitored and evaluated.
23 (e) The Department shall report to the Governor and
24 General Assembly on the Healthy Families initiative plan and
25 submit recommendations by January 1, 1995.
26 (Source: P.A. 88-614, eff. 9-7-94; 89-235, eff. 8-4-95.)
27 (20 ILCS 2310/90-305 new)
28 (was 20 ILCS 2310/55.64) (from Ch. 127, par. 55.64)
29 Sec. 90-305. 55.64. Public information campaign;
30 brochure; shaken infant syndrome.
31 (a) The Department of Public Health may conduct an
32 information campaign for the general public concerning the
33 dangers of shaking infants and young children. The
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1 information shall inform the public about the risks of
2 shaking children and ways to reduce the causes of shaking
3 children.
4 (b) The Department may prepare a brochure describing the
5 dangers of shaking infants and young children. The
6 description shall include information on the effects of
7 shaking children, appropriate ways to manage the causes for
8 shaking children, and discussion on how to reduce the risk of
9 shaking. The brochure shall be distributed free of charge to
10 the parents or guardians of each newborn upon discharge of
11 the infant from a hospital or other health facility.
12 (Source: P.A. 87-633; 87-895.)
13 (20 ILCS 2310/90-310 new)
14 (was 20 ILCS 2310/55.79)
15 Sec. 90-310. 55.79. Spousal abuse study. The Department
16 shall conduct a study of spousal abuse. The study shall
17 include, but not be limited to, identification of causes of
18 spousal abuse and identification of specific age groups
19 affected by spousal abuse. On or before January 1, 1996, the
20 Department shall report its findings to the Governor and the
21 General Assembly, together with its specific recommendations
22 for preventing spousal abuse and for a program to be
23 administered by the Department to assist victims of spousal
24 abuse.
25 (Source: P.A. 88-622, eff. 1-1-95; 89-235, eff. 8-4-95.)
26 (20 ILCS 2310/90-315 new)
27 (was 20 ILCS 2310/55.41) (from Ch. 127, par. 55.41)
28 Sec. 90-315. Prevention and treatment of AIDS. 55.41. To
29 perform the following in relation to the prevention and
30 treatment of acquired immunodeficiency syndrome (AIDS):
31 (1) (a) Establish a State AIDS Control Unit within the
32 Department as a separate administrative subdivision, to
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1 coordinate all State programs and services relating to the
2 prevention, treatment, and amelioration of AIDS.
3 (2) (b) Conduct a public information campaign for
4 physicians, hospitals, health facilities, public health
5 departments, law enforcement personnel, public employees,
6 laboratories, and the general public on acquired
7 immunodeficiency syndrome (AIDS) and to promote necessary
8 measures to reduce the incidence of AIDS and the mortality
9 from AIDS. This program shall include, but not be limited to,
10 the establishment of a statewide hotline and a State AIDS
11 information clearinghouse that will provide periodic reports
12 and releases to public officials, health professionals,
13 community service organizations, and the general public
14 regarding new developments or procedures concerning
15 prevention and treatment of AIDS.
16 (3) (c) Establish an AIDS Advisory Council consisting of
17 25 persons appointed by the Governor, including
18 representation from public and private agencies,
19 organizations, and facilities involved in AIDS research,
20 prevention, and treatment, which shall advise the Department
21 on the State AIDS Control Plan. The terms of the initial
22 appointments shall be staggered so that 13 members are
23 appointed for 2-year terms and 12 members are appointed for
24 4-year terms. All subsequent appointments shall be for 4-year
25 terms. Members shall serve without compensation, but may be
26 reimbursed for expenses incurred in relation to their duties
27 on the Council. A Chairman, and such other officers that as
28 may be considered necessary, shall be elected from among the
29 members. Any vacancy shall be filled for the term of the
30 original appointment. Members whose terms have expired may
31 continue to serve until their successors are appointed.
32 (4) (d) Establish alternative blood test services that
33 are not operated by a blood bank, plasma center or hospital.
34 The Department shall prescribe by rule minimum criteria,
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1 standards and procedures for the establishment and operation
2 of such services, which shall include, but not be limited to
3 requirements for the provision of information, counseling and
4 referral services that ensure appropriate counseling and
5 referral for persons whose blood is tested and shows evidence
6 of exposure to the human immunodeficiency virus (HIV) or
7 other identified causative agent of acquired immunodeficiency
8 syndrome (AIDS).
9 (5) (e) Establish regional and community service
10 networks of public and private service providers or health
11 care professionals who may be involved in AIDS research,
12 prevention and treatment.
13 (6) (f) Provide grants to individuals, organizations or
14 facilities to support the following:
15 (A) (1) Information, referral, and treatment
16 services.;
17 (B) (2) Interdisciplinary workshops for
18 professionals involved in research and treatment.;
19 (C) (3) Establishment and operation of a statewide
20 hotline.;
21 (D) (4) Establishment and operation of alternative
22 testing services.;
23 (E) (5) Research into detection, prevention, and
24 treatment.;
25 (F) (6) Supplementation of other public and private
26 resources.;
27 (G) (7) Implementation by long-term care facilities
28 of Department standards and procedures for the care and
29 treatment of persons with AIDS, and the development of
30 adequate numbers and types of placements for those such
31 persons.
32 (7) (g) Conduct a study and report to the Governor and
33 the General Assembly by July 1, 1988, on the public and
34 private costs of AIDS medical treatment, including the
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1 availability and accessibility of inpatient, outpatient,
2 physician, and community support services.
3 (8) (h) Accept any gift, donation, bequest, or grant of
4 funds from private or public agencies, including federal
5 funds that may be provided for AIDS control efforts.
6 (9) (i) Develop and implement, in consultation with the
7 Long-Term Care Facility Advisory Board, standards and
8 procedures for long-term care facilities that provide care
9 and treatment of persons with AIDS, including appropriate
10 infection control procedures. The Department shall work
11 cooperatively with organizations representing those such
12 facilities to develop adequate numbers and types of
13 placements for persons with AIDS, and shall advise those such
14 facilities on proper implementation of its standards and
15 procedures.
16 (10 (j) The Department shall create and administer a
17 training program for State employees who have a need for
18 understanding matters relating to AIDS in order to deal with
19 or advise the public. The Such training shall include
20 information on the cause and effects of AIDS, the means of
21 detecting it and preventing its transmission, the
22 availability of related counseling and referral, and such
23 other matters that as may be appropriate. The Such training
24 may also be made available to employees of local governments,
25 public service agencies, and private agencies that which
26 contract with the State; in those such cases the Department
27 may charge a reasonable fee to recover the cost of the
28 training.
29 (11) (k) Approve tests or testing procedures used in
30 determining exposure to HIV or any other identified causative
31 agent of AIDS.
32 (Source: P.A. 85-1209; 85-1248; 85-1440.)
33 (20 ILCS 2310/90-320 new)
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1 (was 20 ILCS 2310/55.56) (from Ch. 127, par. 55.56)
2 Sec. 90-320. AIDS awareness programs and materials.
3 55.56.
4 (a) The Department of Public Health shall include within
5 its AIDS awareness programs and materials, information
6 directed toward Hispanics, African Americans, and other
7 population groups in Illinois that are considered high risk
8 populations for AIDS and AIDS-related complex. The Such
9 information shall inform high risk groups about the
10 transmission of the AIDS virus, the prevention of infection,
11 the treatment available for the disease, and how treatment
12 may be obtained.
13 (b) The Department of Public Health shall include in its
14 AIDS campaign material information directed toward
15 African-Americans and Hispanics. This information shall
16 include educational videos, in English and in Spanish,
17 directed toward teenagers who are members of high risk
18 population groups. The Department shall seek the advice and
19 assistance of community-based organizations representing
20 these populations with respect to the most effective methods
21 to educate persons within these populations about AIDS.
22 (Source: P.A. 89-363, eff. 1-1-96.)
23 (20 ILCS 2310/90-325 new)
24 (was 20 ILCS 2310/55.45) (from Ch. 127, par. 55.45)
25 Sec. 90-325. Donors of semen for artificial
26 insemination; AIDS test; penalty. 55.45.
27 (a) The Department shall by rule require that all donors
28 of semen for purposes of artificial insemination be tested
29 for evidence of exposure to human immunodeficiency virus
30 (HIV) or any other identified causative agent of acquired
31 immunodeficiency syndrome (AIDS) prior to the semen being
32 made available for that such use.
33 (b) In performing the technique of human artificial
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1 insemination in this State, no person shall intentionally,
2 knowingly, recklessly, or negligently use the semen of a
3 donor who has not been tested in accordance with subsection
4 (a), or the semen of a donor who has tested positive for
5 exposure to HIV or any other identified causative agent of
6 AIDS. Violation of this subsection (b) shall be a Class A
7 misdemeanor.
8 (Source: P.A. 85-1209.)
9 (20 ILCS 2310/90-330 new)
10 (was 20 ILCS 2310/55.46) (from Ch. 127, par. 55.46)
11 Sec. 90-330. Sperm and tissue bank registry; AIDS test
12 for donors; penalties. 55.46.
13 (a) The Department shall establish a registry of all
14 sperm banks and tissue banks operating in this State. All
15 sperm banks and tissue banks operating in this State shall
16 register with the Department by May 1 of each year. Any
17 person, hospital, clinic, corporation, partnership, or other
18 legal entity that which operates a sperm bank or tissue bank
19 in this State and fails to register with the Department
20 pursuant to this Section commits a business offense and shall
21 be subject to a fine of $5000.
22 (b) All donors of semen for purposes of artificial
23 insemination, or donors of corneas, bones, organs, or other
24 human tissue for the purpose of injecting, transfusing, or
25 transplanting any of them in the human body, shall be tested
26 for evidence of exposure to human immunodeficiency virus
27 (HIV) and any other identified causative agent of acquired
28 immunodeficiency syndrome (AIDS) at the time of or after the
29 donation, but prior to the semen, corneas, bones, organs, or
30 other human tissue being made available for that such use.
31 However, when in the opinion of the attending physician the
32 life of a recipient of a bone, organ, or other human tissue
33 donation would be jeopardized by delays caused by testing for
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1 evidence of exposure to HIV and any other causative agent of
2 AIDS, testing shall not be required.
3 (c) No person may intentionally, knowingly, recklessly,
4 or negligently use the semen, corneas, bones, organs, or
5 other human tissue of a donor unless the requirements of
6 subsection (b) have been met. No person may intentionally,
7 knowingly, recklessly, or negligently use the semen, corneas,
8 bones, organs, or other human tissue of a donor who has
9 tested positive for exposure to HIV or any other identified
10 causative agent of AIDS. Violation of this subsection (c)
11 shall be a Class 4 felony.
12 (d) For the purposes of this Section, "human tissue"
13 shall not be construed to mean whole blood or its component
14 parts.
15 For the purposes of this Section, "tissue bank" means any
16 facility or program that is involved in procuring,
17 furnishing, donating, processing, or distributing corneas,
18 bones, organs, or other human tissue for the purpose of
19 injecting, transfusing, or transplanting any of them in the
20 human body.
21 (Source: P.A. 85-1209.)
22 (20 ILCS 2310/90-335 new)
23 (was 20 ILCS 2310/55.43) (from Ch. 127, par. 55.43)
24 Sec. 90-335. Alzheimer's disease; exchange of
25 information; autopsies. 55.43.
26 (a) The Department of Public Health shall establish
27 policies, procedures, standards, and criteria for the
28 collection, maintenance, and exchange of confidential
29 personal and medical information necessary for the
30 identification and evaluation of victims of Alzheimer's
31 disease and related disorders, and for the conduct of
32 consultation, referral, and treatment through personal
33 physicians, primary Alzheimer's centers, and regional
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1 Alzheimer's assistance centers provided for in the
2 Alzheimer's Disease Assistance Act, enacted by the 84th
3 General Assembly. These Such requirements shall include
4 procedures for obtaining the necessary consent of a patient
5 or guardian to the disclosure and exchange of that such
6 information among providers of services service within an
7 Alzheimer's disease assistance network, and for the
8 maintenance of the such information in a centralized medical
9 information system administered by a regional Alzheimer's
10 center. Nothing in this Section requires disclosure or
11 exchange of information pertaining to confidential
12 communications between patients and therapists, or disclosure
13 or exchange of information contained within a therapist's
14 personal notes.
15 (b) Any person identified as a victim of Alzheimer's
16 disease or a related disorder under the Alzheimer's Disease
17 Assistance Act, enacted by the 84th General Assembly, shall
18 be provided information regarding the critical role that
19 autopsies play in the diagnosis and in the conduct of
20 research into the cause and cure of Alzheimer's disease and
21 related disorders. The Such person, or the spouse or
22 guardian of the such person, shall be encouraged to consent
23 to an autopsy upon the person's his death.
24 The Department of Public Health shall provide information
25 to medical examiners and coroners in this State regarding the
26 importance of autopsies in the diagnosis and in the conduct
27 of research into the causes and cure of Alzheimer's disease
28 and related disorders. The Department shall also arrange for
29 education and training programs that will enable medical
30 examiners and coroners to conduct autopsies necessary for a
31 proper diagnosis of Alzheimer's disease or related disorders
32 as the cause or a contributing factor to a death.
33 (Source: P.A. 84-1308.)
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1 (20 ILCS 2310/90-340 new)
2 (was 20 ILCS 2310/55.68) (from Ch. 127, par. 55.68)
3 Sec. 90-340. 55.68. Bone marrow donor education. From
4 funds made available by the General Assembly for the purpose
5 of bone marrow donor education, the Director of Public Health
6 shall:
7 (1) (a) Educate residents of the State about (i)
8 the need for bone marrow donors; (ii) the procedures
9 required to become registered as a potential bone marrow
10 donor, including the procedures for determining the
11 person's tissue type; and (iii) the medical procedures a
12 donor must undergo to donate bone marrow and the
13 attendant risks of the procedure.
14 (2) (b) Make special efforts to educate and recruit
15 minority populations to volunteer as potential bone
16 marrow donors. Means of communication may include use of
17 press, radio, and television, and placement of
18 educational materials in appropriate health care
19 facilities, blood banks, and State and local agencies.
20 (3) (c) Conduct a bone marrow donor drive to
21 encourage State employees to volunteer to be potential
22 bone marrow donors. The drive shall include educational
23 materials and presentations that explain the need for
24 bone marrow donors, and the procedures for becoming
25 registered as a potential bone marrow donor. The
26 Director of Central Management Services shall provide
27 assistance as needed to organize and conduct the drive.
28 (4) (d) In conjunction with the Secretary of State,
29 make educational materials available at all places where
30 driver's licenses are issued or renewed.
31 (Source: P.A. 87-659; 87-895.)
32 (20 ILCS 2310/90-345 new)
33 (was 20 ILCS 2310/55.49) (from Ch. 127, par. 55.49)
-315- LRB9009239DJcd
1 Sec. 90-345. Breast cancer; written summary regarding
2 early detection and treatment. 55.49.
3 (a) From funds made available for this purpose, the
4 Department of Public Health shall publish, in layman's
5 language, a standardized written summary outlining methods
6 for the early detection and diagnosis of breast cancer. The
7 summary shall include recommended guidelines for screening
8 and detection of breast cancer through the use of techniques
9 that shall include but not be limited to self-examination and
10 diagnostic radiology.
11 (b) The summary shall also suggest that women seek
12 mammography services from facilities that are certified to
13 perform mammography as required by the federal Mammography
14 Quality Standards Act of 1992.
15 (c) The summary shall also include the medically viable
16 alternative methods for the treatment of breast cancer,
17 including, but not limited to, hormonal, radiological,
18 chemotherapeutic, or surgical treatments, or combinations
19 thereof. The summary shall contain information on breast
20 reconstructive surgery, including, but not limited to, the
21 use of breast implants and their side effects. The summary
22 shall inform the patient of the advantages, disadvantages,
23 risks, and dangers of the various procedures. The summary
24 shall include (i) a statement that mammography is the most
25 accurate method for making an early detection of breast
26 cancer, however, no diagnostic tool is 100% effective and
27 (ii) instructions for instructions for performing breast
28 self-examination and a statement that it is important to
29 perform a breast self-examination monthly.
30 (d) In developing the summary, the Department shall
31 consult with the Advisory Board of Cancer Control, the
32 Illinois State Medical Society and consumer groups. The
33 summary shall be updated by the Department every 2 years.
34 (e) The summaries shall additionally be translated into
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1 Spanish, and the Department shall conduct a public
2 information campaign to distribute the summaries to the
3 Hispanic women of this State in order to inform them of the
4 importance of early detection and mammograms.
5 (f) The Department shall distribute the summary to
6 hospitals, public health centers, and physicians who are
7 likely to perform or order diagnostic tests for breast
8 disease or treat breast cancer by surgical or other medical
9 methods. Those hospitals, public health centers, and
10 physicians shall make the summaries available to the public.
11 The Department shall also distribute the summaries to any
12 person, organization, or other interested parties upon
13 request. The summaries may be duplicated by any person,
14 provided the such copies are identical to the current summary
15 prepared by the Department.
16 (g) The summary shall display, on the inside of its
17 cover, printed in capital letters, in bold face type, the
18 following paragraph:
19 "The information contained in this brochure regarding
20 recommendations for early detection and diagnosis of breast
21 disease and alternative breast disease treatments is only for
22 the purpose of assisting you, the patient, in understanding
23 the medical information and advice offered by your physician.
24 This brochure cannot serve as a substitute for the sound
25 professional advice of your physician. The availability of
26 this brochure or the information contained within is not
27 intended to alter, in any way, the existing physician-patient
28 relationship, nor the existing professional obligations of
29 your physician in the delivery of medical services to you,
30 the patient."
31 (h) The summary shall be updated when necessary.
32 (Source: P.A. 89-187, eff. 7-19-95.)
33 (20 ILCS 2310/90-350 new)
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1 (was 20 ILCS 2310/55.70)
2 Sec. 90-350. 55.70. Breast and Cervical Cancer Research
3 Fund. From funds appropriated from the Breast and Cervical
4 Cancer Research Fund, the Department of Public Health shall
5 award grants to eligible physicians, hospitals, laboratories,
6 education institutions, and other organizations and persons
7 to enable organizations and persons to conduct research. For
8 the purposes of this Section, "research" includes, but is not
9 limited to, expenditures to develop and advance the
10 understanding, techniques, and modalities effective in early
11 detection, prevention, cure, screening, and treatment of
12 breast and cervical cancer and may include clinical trials.
13 Moneys received for the purposes of this Section,
14 including but not limited to income tax checkoff receipts and
15 gifts, grants, and awards from private foundations, nonprofit
16 organizations, other governmental entities, and persons shall
17 be deposited into the Breast and Cervical Cancer Research
18 Fund, which is hereby created as a special fund in the State
19 treasury.
20 The Department of Public Health shall create an advisory
21 committee with members from, but not limited to, the Illinois
22 Chapter of the American Cancer Society, Y-Me, and the State
23 Board of Health for the purpose of awarding research grants
24 under this Section. Members of the advisory committee shall
25 not be eligible for any financial compensation or
26 reimbursement.
27 (Source: P.A. 88-85; 88-459; 88-670, eff. 12-2-94.)
28 (20 ILCS 2310/90-352 new)
29 (was 20 ILCS 2310/55.86)
30 Sec. 90-352. 55.86. Children's Cancer Fund; grants. From
31 funds appropriated from the Children's Cancer Fund, a special
32 fund created in the State treasury, the Department of Human
33 Services shall make grants to public or private entities in
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1 Illinois, including the Mitchell Ross Children's Cancer Fund
2 and the Cancer Wellness Center, for the purposes of funding
3 (i) research into causes, prevention, and treatment of cancer
4 in children and (ii) direct community-based supportive
5 services and programs that address the psychological,
6 emotional, and social needs of children with cancer and their
7 family members.
8 (Source: P.A. 90-171, eff. 7-23-97.)
9 (20 ILCS 2310/90-355 new)
10 (was 20 ILCS 2310/55.23) (from Ch. 127, par. 55.23)
11 Sec. 90-355. Cancer, heart disease, and other chronic
12 diseases. 55.23. To promote necessary measures to reduce the
13 mortality from cancer, heart disease, and other chronic
14 diseases.
15 (Source: Laws 1951, p. 1512.)
16 (20 ILCS 2310/90-360 new)
17 (was 20 ILCS 2310/55.80)
18 Sec. 90-360. 55.80. Division chief of dental health.
19 The Department shall select a division chief of dental health
20 who shall be a dentist licensed under the Illinois Dental
21 Practice Act. The division chief of dental health shall
22 plan, direct, and coordinate all dental public health
23 programs within the State of Illinois and shall integrate
24 dental public health programs with other local, State, and
25 national health programs; shall serve as the Department's
26 chief advisor on matters involving dental health; shall
27 maintain direction for monitoring and supervising the
28 statewide fluoridation program within Illinois; and shall
29 plan, implement, and evaluate all dental programs within the
30 Department.
31 (Source: P.A. 89-44, eff. 1-1-96; 89-626, eff. 8-9-96.)
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1 (20 ILCS 2310/90-365 new)
2 (was 20 ILCS 2310/55.31b) (from Ch. 127, par. 55.31b)
3 Sec. 90-365. Health and Hazardous Substances Registry.
4 55.31b. To require hospitals, laboratories, or other
5 facilities in the State to report each incidence of cancer
6 diagnosed by those such hospitals, laboratories, or
7 facilities, along with any other information the Department
8 may require in order to develop a Health and Hazardous
9 Substances Registry pursuant to the Illinois Health and
10 Hazardous Substances Registry Act.
11 The Department shall promulgate rules and regulations as
12 are necessary to implement the provisions of this Section
13 pursuant to the Illinois Administrative Procedure Act.
14 (Source: P.A. 84-290.)
15 (20 ILCS 2310/90-370 new)
16 (was 20 ILCS 2310/55.76)
17 Sec. 90-370 55.76. Heart Disease Treatment and
18 Prevention Fund; grants. From funds appropriated from the
19 Heart Disease Treatment and Prevention Fund, a special fund
20 created in the State treasury, the Illinois Department of
21 Public Health shall make grants to public and private
22 agencies for the purposes of funding (i) research into
23 causes, prevention, and treatment of heart disease and (ii)
24 public education relating to treatment and prevention of
25 heart disease with the State of Illinois.
26 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95.)
27 (20 ILCS 2310/90-375 new)
28 (was 20 ILCS 2310/55.36) (from Ch. 127, par. 55.36)
29 Sec. 90-375. Hepatitis report. 55.36. To report to the
30 General Assembly by March 1 of every odd-numbered year
31 regarding research development in preventing the transmission
32 of and isolating hepatitis viruses. The Such report shall
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1 include evaluations of better blood testing procedures prior
2 to the transfusion of blood, yearly comparisons of the
3 transmission rate and frequency of hepatitis viruses due to
4 the transfusion of blood, and summarizations of research
5 projects during each 2-year period. The filing of one copy of
6 the report with the Clerk of the House of Representatives and
7 one copy with the Secretary of the Senate shall be deemed
8 sufficient to comply with this Section.
9 (Source: P.A. 80-753.)
10 (20 ILCS 2310/90-380 new)
11 (was 20 ILCS 2310/55.52) (from Ch. 127, par. 55.52)
12 Sec. 90-380. Prenatal transmission of HIV infection.
13 55.52. The Department shall develop and implement a public
14 education program to reduce the prenatal transmission of HIV
15 infection. The program shall be targeted toward population
16 groups whose behavior places them at the risk of HIV
17 infection. The program shall target women specifically, and
18 any materials included in the program shall be in English and
19 in Spanish.
20 (Source: P.A. 89-363, eff. 1-1-96.)
21 (20 ILCS 2310/90-385 new)
22 (was 20 ILCS 2310/55.31a) (from Ch. 127, par. 55.31a)
23 Sec. 90-385. Hospice care. 55.31a. To provide education
24 and consultation in relation to hospice care.
25 As used in this Section, "hospice" means a program that
26 provides specialized care for terminally ill persons.
27 (Source: P.A. 81-1392.)
28 (20 ILCS 2310/90-390 new)
29 (was 20 ILCS 2310/55.65) (from Ch. 127, par. 55.65)
30 Sec. 90-390. 55.65. Lyme disease. The Department of
31 Public Health shall establish policies, procedures,
-321- LRB9009239DJcd
1 standards, and criteria for the collection, maintenance, and
2 exchange of medical information necessary for the
3 identification and evaluation of lyme disease. The
4 Department shall include in its public health promotion
5 programs and materials the medical information about the
6 symptoms, causes, prevention, and treatment of lyme disease
7 and how treatment may be obtained.
8 (Source: P.A. 87-295; 87-895.)
9 (20 ILCS 2310/90-392 new)
10 (was 20 ILCS 2310/55.85)
11 Sec. 90-392. 55.85. Grants from the Mental Health
12 Research Fund. From funds appropriated from the Mental Health
13 Research Fund, the Department of Human Services shall award
14 grants to organizations in Illinois, for the purpose of
15 research of mental illness.
16 (Source: P.A. 90-171, eff. 7-23-97.)
17 (20 ILCS 2310/90-395 new)
18 (was 20 ILCS 2310/55.72)
19 Sec. 90-395. 55.72. Task Force on Organ Transplantation.
20 (a) There is established within the Department of Public
21 Health a Task Force on Organ Transplantation ("the Task
22 Force"). The Task Force shall have the following 21 members:
23 (1) The Director of Public Health, ex officio, or
24 his or her designee.
25 (2) The Secretary of State, ex officio, or his or
26 her designee.
27 (3) Four members, appointed one each by the
28 President of the Senate, the Minority Leader of the
29 Senate, the Speaker of the House of Representatives, and
30 the Minority Leader of the House of Representatives.
31 (4) Fifteen members appointed by the Director of
32 Public Health as follows: 2 physicians (at least one of
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1 whom shall have experience in organ transplantation); one
2 representative of medical schools; one representative of
3 hospitals; one representative of insurers or
4 self-insurers; one representative of an organization
5 devoted to organ donation or the coordination of organ
6 donations; one representative of an organization that
7 deals with tissue donation or the coordination of tissue
8 donations; one representative from the Illinois
9 Department of Public Aid; one representative from the
10 Illinois Eye Bank Community; one representative from the
11 Illinois Hospital and Health Systems Association; one
12 representative from the Illinois State Coroners
13 Association; one representative from the Illinois State
14 Medical Society; one representative from Mid-America
15 Transplantation Services; and 2 members of the general
16 public who are knowledgeable in areas of the Task Force's
17 work.
18 (b) The Task Force shall conduct a comprehensive
19 examination of the medical, legal, ethical, economic, and
20 social issues presented by human organ procurement and
21 transplantation.
22 (c) The Task Force shall report its findings and
23 recommendations to the Governor and the General Assembly on
24 or before January 1, of each year, and the Task Force's final
25 report shall be filed on or before January 1, 1999. The
26 report shall include, but need not be limited to, the
27 following:
28 (1) An assessment of public and private efforts to
29 procure human organs for transplantation and an
30 identification of factors that diminish the number of
31 organs available for transplantation.
32 (2) An assessment of problems in coordinating the
33 procurement of viable human organs and tissue including
34 skin and bones.
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1 (3) Recommendations for the education and training
2 of health professionals, including physicians, nurses,
3 and hospital and emergency care personnel, with respect
4 to organ procurement.
5 (4) Recommendations for the education of the
6 general public, the clergy, law enforcement officers,
7 members of local fire departments, and other agencies and
8 individuals that may be instrumental in affecting organ
9 procurement.
10 (5) Recommendations for ensuring assuring equitable
11 access by patients to organ transplantation and for
12 ensuring assuring the equitable allocation of donated
13 organs among transplant centers and among patients
14 medically qualified for an organ transplant.
15 (6) An identification of barriers to the donation
16 of organs to patients (with special emphasis on pediatric
17 patients), including an assessment of each of the
18 following:
19 (A) Barriers to the improved identification of
20 organ donors and their families and organ
21 recipients.
22 (B) The number of potential organ donors and
23 their geographical distribution.
24 (C) Current health care services provided for
25 patients who need organ transplantation and organ
26 procurement procedures, systems, and programs that
27 affect those patients.
28 (D) Cultural factors affecting the facility
29 with respect to the donation of the organs.
30 (E) Ethical and economic issues relating to
31 organ transplantation needed by chronically ill
32 patients.
33 (7) An analysis of the factors involved in
34 insurance reimbursement for transplant procedures by
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1 private insurers and the public sector.
2 (8) An analysis of the manner in which organ
3 transplantation technology is diffused among and adopted
4 by qualified medical centers, including a specification
5 of the number and geographical distribution of qualified
6 medical centers using that technology and an assessment
7 of whether the number of centers using that technology is
8 sufficient or excessive and whether the public has
9 sufficient access to medical procedures using that
10 technology.
11 (9) Recommendations for legislative changes
12 necessary to make organ transplants more readily
13 available to Illinois citizens.
14 (d) The Director of Public Health shall review the
15 progress of the Task Force to determine the need for its
16 continuance, and the Director shall report this determination
17 to the Governor and the General Assembly on or before January
18 1, 1999.
19 (Source: P.A. 88-129; 88-670, eff. 12-2-94; 89-555, eff.
20 7-26-96.)
21 (20 ILCS 2310/90-400 new)
22 (was 20 ILCS 2310/55.83)
23 Sec. 90-400. 55.83. Sarcoidosis. The Department of Public
24 Health shall make available, to the general public,
25 information on the disease known as sarcoidosis. The
26 information shall include symptoms and treatments of the
27 disease and the address for the Sarcoidosis Research Center.
28 (Source: P.A. 89-476, eff. 1-1-97.)
29 (20 ILCS 2310/90-405 new)
30 (was 20 ILCS 2310/55.55) (from Ch. 127, par. 55.55)
31 Sec. 90-405. Sexually transmitted diseases; inherited
32 metabolic diseases. 55.55. The Department of Public Health
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1 shall prepare a brochure describing sexually transmitted
2 diseases (including, without limitation, acquired
3 immunodeficiency syndrome, or AIDS) and inherited metabolic
4 diseases (including, without limitation, hemophilia, sickle
5 cell anemia, and Tay-Sachs disease). The descriptions shall
6 include discussion of the ways in which the diseases are
7 transmitted and ways to avoid contacting the diseases. With
8 respect to inherited metabolic diseases, the brochure shall
9 include recommendations that persons who are susceptible to
10 contacting those such diseases obtain genetic counseling. The
11 brochure shall be distributed to each county clerk's office
12 in the State and to any other office where applications for a
13 marriage license are taken, to be distributed free of charge
14 to persons applying for a marriage license or others.
15 (Source: P.A. 86-884; 86-1028.)
16 (20 ILCS 2310/90-410 new)
17 (was 20 ILCS 2310/55.42) (from Ch. 127, par. 55.42)
18 Sec. 90-410. Sickle cell disease. 55.42. To conduct a
19 public information campaign for physicians, hospitals, health
20 facilities, public health departments, and the general public
21 on sickle cell disease, methods of care, and treatment
22 modalities available; to identify and catalogue sickle cell
23 resources in this State for distribution and referral
24 purposes; and, to coordinate services with the established
25 programs, including State, federal, and voluntary groups.
26 (Source: P.A. 84-412.)
27 (20 ILCS 2310/90-415 new)
28 (was 20 ILCS 2310/55.81)
29 Sec. 90-415. 55.81. Violent injury reporting.
30 (a) The Illinois Department of Public Health shall
31 require hospitals and other facilities in the State to
32 report, in a manner determined by rule, each injury allegedly
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1 caused by a violent act. The Illinois Department of Public
2 Health shall coordinate this reporting with existing
3 reporting requirements such as trauma and head and neck
4 injury reporting to reduce duplication of reporting. All
5 information and data reported shall be confidential and
6 privileged in accordance with Part 21 of Article VIII of the
7 Code of Civil Procedure, except as provided in subsection
8 (b).
9 (b) The Illinois Department of Public Health shall
10 compile the reports required under subsection (a) and shall
11 determine the impact of violent acts on children. The
12 Department shall, using only data from which the identity of
13 an individual cannot be ascertained, reconstructed, or
14 verified and to which the identity of an individual cannot be
15 linked by a recipient of the data, report its findings to the
16 General Assembly by December 31, 1997, and every 2 years
17 thereafter.
18 (Source: P.A. 89-242, eff. 8-4-95; 89-626, eff. 8-9-96;
19 90-162, eff. 7-23-97.)
20 (20 ILCS 2310/90-420 new)
21 (was 20 ILCS 2310/55.74)
22 Sec. 90-420. 55.74. Violence and homicide; injury
23 prevention.
24 (a) Utilizing existing resources, the Department of
25 Public Health may examine the impact of violence and homicide
26 on the public health and safety of Illinois residents,
27 especially children. Based on their findings, the Department
28 shall, if warranted, declare violence and homicide a public
29 health epidemic and recommend anti-violence and homicide
30 prevention programs to the Illinois General Assembly.
31 (b) The Section on Injury Prevention is created within
32 the Department of Public Health. The Section on Injury
33 Prevention is charged with coordination and expansion of
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1 prevention and control activities related to intentional and
2 unintentional injuries. The duties of the Section on Injury
3 Prevention may include, but may not be limited to, the
4 following:
5 (1) To serve as a data coordinator and analysis
6 source of mortality and injury statistics for other State
7 agencies.
8 (2) To integrate an injury and violence prevention
9 focus within the Department of Public Health.
10 (3) To develop collaborative relationships with
11 other State agencies and private and community
12 organizations to establish programs promoting injury
13 prevention, awareness, and education to reduce
14 automobile, motorcycle, and bicycle injuries and
15 interpersonal violence, including homicide, child abuse,
16 youth violence, domestic violence, sexual assault, and
17 elderly abuse.
18 (4) To support the development of comprehensive
19 community-based injury and violence prevention
20 initiatives within municipalities of this State.
21 (5) To identify possible sources of funding to
22 establish and continue programs to promote prevention of
23 intentional and unintentional injuries.
24 (Source: P.A. 88-312; 88-622, eff. 1-1-95; 88-670, eff.
25 12-2-94.)
26 (20 ILCS 2310/90-425 new)
27 (was 20 ILCS 2310/55.66) (from Ch. 127, par. 55.66)
28 Sec. 90-425 55.66. Health care summary for women.
29 (a) From funds made available from the General Assembly
30 for this purpose, the Department of Public Health shall
31 publish in plain language, in both an English and a Spanish
32 version, a pamphlet providing information regarding health
33 care for women which shall include the following:
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1 (1) A summary of the various medical conditions,
2 including cancer, sexually transmitted diseases,
3 endometriosis, or other similar diseases or conditions
4 widely affecting women's reproductive health, that may
5 require a hysterectomy or other treatment.
6 (2) A summary of the recommended schedule and
7 indications for physical examinations, including, "pap
8 smears" or other tests designed to detect medical
9 conditions of the uterus and other reproductive organs.
10 (3) A summary of the widely accepted medical
11 treatments, including viable alternatives, that may be
12 prescribed for the medical conditions specified in
13 paragraph (1).
14 (b) In developing the summary the Department shall
15 consult with the Illinois State Medical Society and consumer
16 groups. The summary shall be updated by the Department every
17 2 years.
18 (c) The Department shall distribute the summary to
19 hospitals, public health centers, and physicians who are
20 likely to treat medical conditions described in paragraph (1)
21 of subsection (a). Those hospitals, public health centers,
22 and physicians shall make the summaries available to the
23 public. The Department shall also distribute the summaries to
24 any person, organization, or other interested parties upon
25 request. The summary may be duplicated by any person provided
26 the such copies are identical to the current summary prepared
27 by the Department.
28 (d) The summary shall display on the inside of its
29 cover, printed in capital letters and bold face type, the
30 following paragraph:
31 "The information contained in this brochure is only for
32 the purpose of assisting you, the patient, in understanding
33 the medical information and advice offered by your physician.
34 This brochure cannot serve as a substitute for the sound
-329- LRB9009239DJcd
1 professional advice of your physician. The availability of
2 this brochure or the information contained within is not
3 intended to alter, in any way, the existing physician-patient
4 relationship, nor the existing professional obligations of
5 your physician in the delivery of medical services to you,
6 the patient."
7 (Source: P.A. 87-335; 87-895.)
8 (20 ILCS 2310/90-430 new)
9 (was 20 ILCS 2310/55.69) (from Ch. 127, par. 55.69)
10 Sec. 90-430. 55.69. Women's health issues.
11 (a) The Department of Public Health shall designate a
12 member of its staff to handle women's health issues not
13 currently or adequately addressed by the Department.
14 (b) The staff person's duties shall include, without
15 limitation:
16 (1) Assisting in the assessment of the health needs
17 of women in the State.
18 (2) Recommending treatment methods and programs
19 that are sensitive and relevant to the unique
20 characteristics of women.
21 (3) Promoting awareness of women's health concerns
22 and encouraging, promoting, and aiding in the
23 establishment of women's services.
24 (4) Providing adequate and effective opportunities
25 for women to express their views on Departmental policy
26 development and program implementation.
27 (Source: P.A. 87-983.)
28 (20 ILCS 2310/90-435 new)
29 (was 20 ILCS 2310/55.44) (from Ch. 127, par. 55.44)
30 Sec. 90-435. Smoking cessation program for WIC
31 participants. 55.44.
32 (a) (Blank).
-330- LRB9009239DJcd
1 (b) (Blank).
2 (c) The Department of Public Health, in cooperation with
3 the Department of Human Services, shall maintain a smoking
4 cessation program for participants in the Women, Infants and
5 Children Nutrition Program. The program shall include, but
6 not be limited to, tobacco use screening, education on the
7 effects of tobacco use, and smoking cessation counseling and
8 referrals.
9 (Source: P.A. 89-507, eff. 7-1-97.)
10 (20 ILCS 2310/90-440 new)
11 (was 20 ILCS 2310/55.54) (from Ch. 127, par. 55.54)
12 Sec. 90-440. Pregnant women; medical consequences of
13 alcohol, drug, and tobacco use and abuse. 55.54. The
14 Department of Public Health shall, from funds appropriated
15 for that such purpose, conduct an ongoing, statewide
16 education program to inform pregnant women of the medical
17 consequences of alcohol, drug, and tobacco use and abuse.
18 (Source: P.A. 86-878; 86-1028.)
19 (20 ILCS 2310/90-442 new)
20 (was 20 ILCS 2310/55.84)
21 Sec. 90-442. 55.84. Breast feeding; public information
22 campaign. The Department of Public Health may conduct an
23 information campaign for the general public to promote breast
24 feeding of infants by their mothers. The Department may
25 include the information in a brochure prepared under Section
26 90-305 55.64 or in a brochure that shares other information
27 with the general public and is distributed free of charge.
28 If the Department includes the information required under
29 this Section in a brochure authorized or required under
30 another provision of law, the Department may continue to use
31 existing stocks of that brochure before adding the
32 information required under this Section but shall add that
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1 information in the next printing of the brochure. The
2 information required under this Section may be distributed to
3 the parents or legal custodians of each newborn upon
4 discharge of the infant from a hospital or other health care
5 facility.
6 (Source: P.A. 90-244, eff. 1-1-98.)
7 (20 ILCS 2310/90-445 new)
8 (was 20 ILCS 2310/55.71)
9 Sec. 90-445. 55.71. Interagency council on health care
10 for pregnant women and infants.
11 (a) On or before January 1, 1994, the Director, of
12 Public Health in cooperation with the Director of Public Aid,
13 the Director of Children and Family Services, the Director of
14 Alcoholism and Substance Abuse, and the Director of
15 Insurance, shall develop and submit to the Governor a
16 proposal for consolidating all existing health programs
17 required by law for pregnant women and infants into one
18 comprehensive plan to be implemented by one or several
19 agencies. The proposal shall:
20 (1) include a time schedule for implementing the
21 plan;
22 (2) provide a cost estimate of the plan;
23 (3) identify federal waivers necessary to implement
24 the plan;
25 (4) examine innovative programs; and
26 (5) identify sources of funding for the plan.
27 (b) The plan developed under subsection (a) shall
28 provide the following services statewide:
29 (1) Comprehensive prenatal services for all
30 pregnant women who qualify for existing programs through
31 the Department of Public Aid or the Department of Public
32 Health or any other government-funded programs.;
33 (2) Comprehensive medical care for all infants
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1 under 1 year of age.;
2 (3) A case management system under which each
3 family with a child under the plan is assigned a case
4 manager and under which every reasonable effort is made
5 to assure continuity of case management and access to
6 other appropriate social services.; and
7 (4) Services regardless of and fees for services
8 based on clients' ability to pay.
9 (Source: P.A. 88-312.)
10 (20 ILCS 2310/90-500 new)
11 (was 20 ILCS 2310/55.07) (from Ch. 127, par. 55.07)
12 Sec. 90-500. Sanitary investigations. 55.07. To make
13 such sanitary investigations that as it may, from time to
14 time, deem necessary for the preservation and improvement of
15 health.
16 (Source: Laws 1951, p. 1512.)
17 (20 ILCS 2310/90-505 new)
18 (was 20 ILCS 2310/55.08) (from Ch. 127, par. 55.08)
19 Sec. 90-505. Nuisances; questions affecting security of
20 life and health. 55.08. To make examinations into nuisances
21 and questions affecting the security of life and health in
22 any locality in the State.
23 (Source: Laws 1951, p. 1512.)
24 (20 ILCS 2310/90-510 new)
25 (was 20 ILCS 2310/55.15) (from Ch. 127, par. 55.15)
26 Sec. 90-510. Investigations for preservation and
27 improvement of health. 55.15. To make investigations and
28 inquiries with respect to the causes of disease and death;,
29 and to investigate the effect of environment, including
30 conditions of employment and other conditions that which may
31 affect health;, and to make such other investigations that as
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1 it may deem necessary for the preservation and improvement of
2 health.
3 (Source: Laws 1951, p. 1512.)
4 (20 ILCS 2310/90-530 new)
5 (was 20 ILCS 2310/55.04) (from Ch. 127, par. 55.04)
6 Sec. 90-530. Recreational, migrant labor, and other
7 camps. 55.04. To inspect recreational, tourist, migrant
8 labor, and automobile trailer camps and to prepare and
9 enforce rules and regulations governing their construction
10 and operations to the end that they will be constructed and
11 maintained in a sanitary manner.
12 (Source: Laws 1961, p. 3894.)
13 (20 ILCS 2310/90-535 new)
14 (was 20 ILCS 2310/55.21) (from Ch. 127, par. 55.21)
15 Sec. 90-535. Public hospitals, sanitaria, and other
16 institutions. 55.21. To inspect, from time to time, all
17 hospitals, sanitaria, and other institutions conducted by
18 county, city, village, or township authorities and to report
19 as to the sanitary conditions and needs of those such
20 hospitals, sanitaria, and institutions to the official
21 authority having jurisdiction over them.
22 (Source: Laws 1951, p. 1512.)
23 (20 ILCS 2310/90-540 new)
24 (was 20 ILCS 2310/55.31) (from Ch. 127, par. 55.31)
25 Sec. 90-540. General hospitals; minimum standards for
26 operation; uterine cytologic examinations for cancer. 55.31.
27 To establish and enforce minimum standards for the operation
28 of all general hospitals. The, which standards shall include
29 the requirement that every hospital licensed by the State of
30 Illinois shall offer a uterine cytologic examination for
31 cancer to every female in-patient 20 years of age or over
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1 unless considered contra-indicated by the attending physician
2 or unless it has been performed within the previous year.
3 Every woman for whom the test is applicable shall will have
4 the right to refuse the such test on the counsel of the
5 attending physician or on her own judgment. The hospital
6 shall will in all cases maintain records to show either the
7 results of the test or that the test was not applicable or
8 that it was refused.
9 (Source: P.A. 78-292.)
10 (20 ILCS 2310/90-545 new)
11 (was 20 ILCS 2310/55.20) (from Ch. 127, par. 55.20)
12 Sec. 90-545. Charitable, penal, and reformatory
13 institutions; normal schools. 55.20. To make sanitary,
14 health, and other inspections and examinations for the
15 charitable, penal, and reformatory institutions and the
16 normal schools.
17 (Source: Laws 1951, p. 1512.)
18 (20 ILCS 2310/90-550 new)
19 (was 20 ILCS 2310/55.40) (from Ch. 127, par. 55.40)
20 Sec. 90-550. Long-term care facilities. 55.40. The
21 Department may perform in all long-term care facilities, as
22 defined in the Nursing Home Care Act, all such inspection,
23 evaluation, certification, and inspection of care duties that
24 as the federal government may require the State of Illinois
25 to perform or have performed as a condition of participation
26 in any programs under Title XVIII or Title XIX of the federal
27 Social Security Act.
28 (Source: P.A. 86-820.)
29 (20 ILCS 2310/90-555 new)
30 (was 20 ILCS 2310/55.06) (from Ch. 127, par. 55.06)
31 Sec. 90-555. Public swimming pools; bathing places.
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1 55.06. To examine artificially constructed public swimming
2 pools and prepare and enforce rules and regulations governing
3 their construction, operation, and use to the end that they
4 will be constructed and maintained in a sanitary manner; to
5 inspect natural and semi-natural bathing places to determine
6 conformance with Department's recommendation for operation
7 and maintenance of those such areas, and to have the
8 authority to require closing of any area when that such
9 action is considered necessary to prevent possible spread of
10 infection or disease.
11 (Source: Laws 1957, p. 2448.)
12 (20 ILCS 2310/90-560 new)
13 (was 20 ILCS 2310/55.87)
14 Sec. 90-560. 55.87. 55.84. Advisory committee concerning
15 construction of facilities. The Director of Public Health
16 shall appoint an advisory committee. The which committee
17 shall be established by the Department by rule. The Director
18 and the Department shall consult with the advisory committee
19 concerning the application of building codes and Department
20 rules related to those building codes to facilities under the
21 Ambulatory Surgical Treatment Center Act, the Nursing Home
22 Care Act, and the Hospital Licensing Act.
23 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
24 (20 ILCS 2310/90-565 new)
25 (was 20 ILCS 2310/55.88)
26 Sec. 90-565. 55.88. 55.85. Facility construction
27 training program. The Department shall conduct, at least
28 annually, a joint in-service training program for architects,
29 engineers, interior designers, and other persons involved in
30 the construction of a facility under the Ambulatory Surgical
31 Treatment Center Act, the Nursing Home Care Act, or the
32 Hospital Licensing Act on problems and issues relating to the
-336- LRB9009239DJcd
1 construction of facilities under any of those Acts.
2 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
3 (20 ILCS 2310/90-575 new)
4 (was 20 ILCS 2310/55.10) (from Ch. 127, par. 55.10)
5 Sec. 90-575. Laboratories and blood banks; minimum
6 standards and examinations. 55.10. To establish and enforce
7 minimum standards for the operation of laboratories,
8 including clinical laboratories and blood banks, making
9 examinations in connection with the diagnosis of disease or
10 tests for the evaluation of health hazards.
11 (Source: Laws 1965, p. 3238.)
12 (20 ILCS 2310/90-580 new)
13 (was 20 ILCS 2310/55.11) (from Ch. 127, par. 55.11)
14 Sec. 90-580. Certificate of competency to make
15 laboratory tests. 55.11. To issue certificates of competency
16 to persons and laboratories making laboratory tests in
17 connection with the diagnosis of disease or for the
18 evaluation of health hazards and to prepare and enforce rules
19 and regulations relative to the issuance and use of such
20 certificates.
21 (Source: Laws 1965, p. 3238.)
22 (20 ILCS 2505/Art. 95 heading new)
23 ARTICLE 95. DEPARTMENT OF REVENUE
24 (20 ILCS 2505/95-1 new)
25 Sec. 95-1. Article short title. This Article 95 of the
26 Civil Administrative Code of Illinois may be cited as the
27 Department of Revenue Law.
28 (20 ILCS 2505/95-5 new)
29 Sec. 95-5. Definitions. In this Law:
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1 "Department" means the Department of Revenue.
2 "Director" means the Director of Revenue.
3 (20 ILCS 2505/95-10 new)
4 (was 20 ILCS 2505/39b) (from Ch. 127, par. 39b)
5 Sec. 95-10. Powers, generally. 39b. The Department of
6 Revenue has the powers enumerated in the following Sections
7 39b1 to 39b50 each inclusive.
8 (Source: P.A. 86-610.)
9 (20 ILCS 2505/95-15 new)
10 (was 20 ILCS 2505/39b1) (from Ch. 127, par. 39b1)
11 Sec. 95-15. Municipal retailers' occupation and service
12 occupation taxes. The Department has the power 39b1. to
13 administer and enforce all ordinances and resolutions of
14 municipalities imposing a retailers' occupation tax or a
15 service occupation tax as authorized by Sections 8-11-1 and
16 8-11-5, respectively, of the "Illinois Municipal Code",
17 approved May 29, 1961, as amended.
18 (Source: Laws 1965, p. 175.)
19 (20 ILCS 2505/95-20 new)
20 (was 20 ILCS 2505/39b2) (from Ch. 127, par. 39b2)
21 Sec. 95-20. Motor Fuel Tax Law; Environmental Impact Fee
22 Law; fuel tax agreements and programs. 39b2.
23 (a) The Department has the power to administer and
24 enforce the rights, powers and duties contained in the Motor
25 Fuel Tax Law that, approved March 25, 1929, as amended, which
26 relate to the collection of revenues and to succeed to the
27 rights, powers, and duties previously exercised by the
28 Department of Finance in connection therewith; and to
29 administer and enforce all the rights, powers, and duties
30 that relate to the collection of fees under the Environmental
31 Impact Fee Law.
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1 (b) The Department of Revenue is authorized to receive
2 federal funds provided for the purpose of facilitating
3 participation in the International Fuel Tax Agreement,
4 International Registration Plan, and other State fuel tax
5 agreements and programs relating to uniform motor fuel
6 taxation and compliance. Those funds shall be deposited in
7 the Motor Fuel Tax Fund and will be available to the
8 Department pursuant to appropriation for its administrative
9 expenses including technical assistance, personnel training,
10 travel costs, and technology and equipment associated with
11 that such participation. Those Such funds deposited in the
12 Motor Fuel Tax Fund shall not be distributed or allocated as
13 provided in the Motor Fuel Tax Law, but shall be reserved for
14 use by the Department.
15 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
16 (20 ILCS 2505/95-25 new)
17 (was 20 ILCS 2505/39b3) (from Ch. 127, par. 39b3)
18 Sec. 95-25. Retailers' Occupation Tax Act. The Department
19 has the power 39b3. to administer and enforce all the rights,
20 powers, and duties contained in the Retailers' Occupation Tax
21 Act, approved June 28, 1933, as amended, to collect all
22 revenues thereunder and to succeed to all the rights, powers,
23 and duties previously exercised by the Department of Finance
24 in connection therewith.
25 (Source: Laws 1953, p. 1439.)
26 (20 ILCS 2505/95-30 new)
27 (was 20 ILCS 2505/39b4) (from Ch. 127, par. 39b4)
28 Sec. 95-30. Cigarette Tax Act. The Department has the
29 power 39b4. to administer and enforce all the rights, powers,
30 and duties contained in the Cigarette Tax Act, approved June
31 2, 1941, as amended, to collect all revenues thereunder and
32 to succeed to all the rights, powers, and duties previously
-339- LRB9009239DJcd
1 exercised by the Department of Finance in connection
2 therewith.
3 (Source: Laws 1953, p. 1439.)
4 (20 ILCS 2505/95-35 new)
5 (was 20 ILCS 2505/39b5) (from Ch. 127, par. 39b5)
6 Sec. 95-35. Public Utilities Revenue Act. The Department
7 has the power 39b5. to administer and enforce all the rights,
8 powers, and duties contained in the Public Utilities Revenue
9 Act, approved March 11, 1937, as amended, to collect all
10 revenues thereunder and to succeed to all the rights, powers,
11 and duties previously exercised by the Department of Finance
12 in connection therewith.
13 (Source: Laws 1953, p. 1439.)
14 (20 ILCS 2505/95-40 new)
15 (was 20 ILCS 2505/39b6) (from Ch. 127, par. 39b6)
16 Sec. 95-40. Liquor Control Act of 1934. The Department
17 has the power 39b6. to administer and enforce all the rights,
18 powers, and duties contained in Articles VII-A and VIII of
19 the Liquor Control Act of 1934 "An Act relating to alcoholic
20 liquor", approved January 31, 1934, as amended, to collect
21 all revenues thereunder and to succeed to all the rights,
22 powers, and duties previously exercised by the Department of
23 Finance in connection therewith.
24 (Source: Laws 1953, p. 1439.)
25 (20 ILCS 2505/95-45 new)
26 (was 20 ILCS 2505/39b7) (from Ch. 127, par. 39b7)
27 Sec. 95-45. Oil Inspection Act. The Department has the
28 power 39b7. to exercise the rights, powers, and duties
29 previously vested in the Department of Finance and its
30 predecessors by the Oil Inspection Act, approved June 26,
31 1929, as amended.
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1 (Source: Laws 1953, p. 1439.)
2 (20 ILCS 2505/95-60 new)
3 (was 20 ILCS 2505/39b10) (from Ch. 127, par. 39b10)
4 Sec. 95-60. Statistical records of taxes collected. The
5 Department has the power 39b10. to maintain and preserve
6 adequate statistical records of taxes collected under each of
7 the foregoing laws set forth in the Sections following
8 Section 95-10 and preceding this Section and to make those
9 such records available to the public.
10 (Source: Laws 1953, p. 1439.)
11 (20 ILCS 2505/95-65 new)
12 (was 20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
13 Sec. 95-65. 39b12. Exchange of information.
14 (a) The Department has the power to exchange with any
15 state, with any or local subdivisions of any state thereof,
16 or with the federal government, except when specifically
17 prohibited by law, any information that which may be
18 necessary to efficient tax administration and that which may
19 be acquired as a result of the administration of the above
20 laws set forth in the Sections following Section 95-10 and
21 preceding Section 95-60.
22 (b) The Department has the power to exchange with the
23 Illinois Department of Public Aid information that may be
24 necessary for the enforcement of child support orders entered
25 pursuant to the Illinois Public Aid Code, the Illinois
26 Marriage and Dissolution of Marriage Act, the Non-Support of
27 Spouse and Children Act, the Revised Uniform Reciprocal
28 Enforcement of Support Act, the Uniform Interstate Family
29 Support Act, or the Illinois Parentage Act of 1984.
30 Notwithstanding any provisions in this Code to the contrary,
31 the Department of Revenue shall not be liable to any person
32 for any disclosure of information to the Illinois Department
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1 of Public Aid under this subsection (b) or for any other
2 action taken in good faith to comply with the requirements of
3 this subsection (b).
4 (Source: P.A. 90-18, eff. 7-1-97.)
5 (20 ILCS 2505/95-70 new)
6 (was 20 ILCS 2505/39b24) (from Ch. 127, par. 39b24)
7 Sec. 95-70. Messages Tax Act; Gas Revenue Tax Act. The
8 Department has the power 39b24. to exercise all the rights,
9 powers, and duties vested in the said Department by the
10 Messages Tax Act, approved July 24, 1945, and the Gas Revenue
11 Tax Act, approved July 24, 1945.
12 (Source: Laws 1953, p. 1439.)
13 (20 ILCS 2505/95-80 new)
14 (was 20 ILCS 2505/39b26) (from Ch. 127, par. 39b26)
15 Sec. 95-80. Cigarette Use Tax Act. The Department has the
16 power 39b26. to exercise all the rights, powers, and duties
17 vested in the said Department by the "Cigarette Use Tax Act",
18 approved July 11, 1951, as amended.
19 (Source: Laws 1965, p. 175.)
20 (20 ILCS 2505/95-85 new)
21 (was 20 ILCS 2505/39b27) (from Ch. 127, par. 39b27)
22 Sec. 95-85. Hotel Operators' Occupation Tax Act. The
23 Department has the power 39b27. to exercise all the rights,
24 powers, and duties vested in the said Department by "the
25 Hotel Operators' Occupation Tax Act", approved July 6, 1961,
26 as amended.
27 (Source: Laws 1965, p. 175.)
28 (20 ILCS 2505/95-90 new)
29 (was 20 ILCS 2505/39b28) (from Ch. 127, par. 39b28)
30 Sec. 95-90. Use Tax Act. The Department has the power
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1 39b28. to exercise all the rights, powers, and duties vested
2 in the said Department by the "Use Tax Act", approved July
3 14, 1955, as amended.
4 (Source: Laws 1965, p. 175.)
5 (20 ILCS 2505/95-95 new)
6 (was 20 ILCS 2505/39b29) (from Ch. 127, par. 39b29)
7 Sec. 95-95. County retailers' occupation and service
8 occupation taxes. The Department has the power 39b29. to
9 administer and enforce all ordinances and resolutions of
10 counties imposing a retailers' occupation tax or a service
11 occupation tax authorized by Sections 25.05-2 and 25.05-3,
12 respectively, of "An Act to revise the law in relation to
13 counties", approved March 31, 1874 (repealed), as amended.
14 (Source: Laws 1965, p. 175.)
15 (20 ILCS 2505/95-100 new)
16 (was 20 ILCS 2505/39b30) (from Ch. 127, par. 39b30)
17 Sec. 95-100. Service Occupation Tax Act; Service Use Tax
18 Act. The Department has the power 39b30. to exercise all the
19 rights, powers, and duties vested in the said Department by
20 the "Service Occupation Tax Act", approved July 10, 1961, as
21 amended, and the "Service Use Tax Act", approved July 10,
22 1961, as amended.
23 (Source: Laws 1965, p. 175.)
24 (20 ILCS 2505/95-105 new)
25 (was 20 ILCS 2505/39b31) (from Ch. 127, par. 39b31)
26 Sec. 95-105. Coin-Operated Amusement Device and
27 Redemption Machine Tax Act. The Department has the power
28 39b31. to exercise all the rights, powers, and duties vested
29 in the Department by the Coin-Operated Amusement Device and
30 Redemption Machine Tax Act.
31 (Source: P.A. 87-895.)
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1 (20 ILCS 2505/95-175 new)
2 (was 20 ILCS 2505/39c-2) (from Ch. 127, par. 39c-2)
3 Sec. 95-175. Business in interstate commerce; restricted
4 application of tax statutes. 39c-2. It is the intent of the
5 General Assembly that provisions in any Illinois tax statute
6 that restrict application of the statute by stating
7 substantially as follows:
8 "such taxes are not imposed with respect to any business
9 in interstate commerce, or otherwise to the extent to
10 which such business may not, under the Constitution and
11 statutes of the United States, be made the subject of
12 taxation by this State"
13 shall be construed to preclude taxation of only businesses
14 not subject to taxation under the latest interpretation of
15 the United States Constitution and statutes of the United
16 States.
17 (Source: P.A. 87-205.)
18 (20 ILCS 2505/95-190 new)
19 (was 20 ILCS 2505/39c-4) (from Ch. 127, par. 39c-4)
20 Sec. 95-190. Tax Compliance and Administration Fund.
21 39c-4. Amounts deposited into the Tax Compliance and
22 Administration Fund, a special fund in the State treasury
23 that is hereby created, must be appropriated to the
24 Department of Revenue to reimburse the Department for its
25 costs of collecting, administering, and enforcing the tax
26 laws that provide for deposits into the Fund.
27 (Source: P.A. 87-879; 88-45.)
28 (20 ILCS 2505/95-200 new)
29 (was 20 ILCS 2505/39c-1a)
30 Sec. 95-200. 39c-1a. Electronic filing rules. The
31 Department of Revenue may adopt rules to authorize the
32 electronic filing of any return or document required to be
-344- LRB9009239DJcd
1 filed under any Act administered by the Department. In the
2 case of an electronically filed return or other document
3 required to be filed with the Department or maintained by any
4 taxpayer, these rules may set forth standards that provide
5 for acceptance of a signature in a form other than in the
6 proper handwriting of the person.
7 (Source: P.A. 88-480; 88-672, eff. 12-14-94.)
8 (20 ILCS 2505/95-205 new)
9 (was 20 ILCS 2505/39c-1b)
10 Sec. 95-205. 39c-1b. Return by facsimile. Consistent with
11 rules adopted by the Department of Revenue, a person may
12 transmit, by facsimile, any return or document required to be
13 filed with the Department under any Act administered by the
14 Department. A signature on a return or other document filed
15 in accordance with regulations promulgated by the Department
16 and transmitted by facsimile is prima facie evidence for all
17 purposes that the document was actually signed by the person
18 whose signature appears on the facsimile.
19 (Source: P.A. 88-480.)
20 (20 ILCS 2505/95-210 new)
21 (was 20 ILCS 2505/39c-1) (from Ch. 127, par. 39c-1)
22 Sec. 95-210. Electronic funds transfer. 39c-1. The
23 Department of Revenue may provide means by which persons
24 having a tax liability under any Act administered by the
25 Department may use electronic funds transfer to pay the such
26 tax liability.
27 (Source: P.A. 87-205.)
28 (20 ILCS 2505/95-215 new)
29 (was 20 ILCS 2505/39c-3) (from Ch. 127, par. 39c-3)
30 Sec. 95-215. Installment agreements; guaranteed
31 remittance or automated clearing house debit payments.
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1 39c-3. Any taxpayer who has entered into an installment
2 agreement for payment of a tax liability and who, during any
3 12-month period, has issued or delivered 3 or more checks or
4 other orders for payment that have been dishonored may be
5 required by the Department of Revenue to make future payments
6 by guaranteed remittance or to authorize automated clearing
7 house debit payments.
8 (Source: P.A. 87-879.)
9 (20 ILCS 2505/95-250 new)
10 (was 20 ILCS 2505/39c) (from Ch. 127, par. 39c)
11 Sec. 95-250. Compromising debts due to the State. 39c.
12 Under no circumstances shall any officer or employee of the
13 Department of Revenue compromise any debt due to this State,
14 except in case of actions of the Director after review by the
15 board of appeals provided for by Section 95-505 39b20.
16 However, claims or accounts receivable of less than $1,000
17 may be written off the Department's records and cancelled by
18 the Department without complying with the provisions of
19 Section 2 of the Uncollected State Claims Act "An Act in
20 relation to uncollected claims and accounts receivable of
21 State agencies", approved May 15, 1961, when the Department
22 determines that the cost of collecting the such claim or
23 account would exceed the amount to be collected. The
24 Department shall submit to the Comptroller a list of all such
25 claims or accounts written off the Department's records.
26 (Source: P.A. 84-1344.)
27 (20 ILCS 2505/95-275 new)
28 (was 20 ILCS 2505/39e) (from Ch. 127, par. 39e)
29 Sec. 95-275. Tax overpayments. 39e. In the case of
30 overpayment of any tax liability arising from an Act
31 administered by the Department, the Department may credit the
32 amount of the overpayment and any interest thereon against
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1 any final tax liability arising under that or any other Act
2 administered by the Department.
3 (Source: P.A. 83-1416.)
4 (20 ILCS 2505/95-300 new)
5 (was 20 ILCS 2505/39b15) (from Ch. 127, par. 39b15)
6 Sec. 95-300. Failure or neglect to comply with tax laws.
7 The Department has the power 39b15. to request the
8 institution of proceedings, actions, and prosecutions to
9 enforce the laws relating to the penalties, liabilities, and
10 punishment of public officers, persons or officers or agents
11 or corporations for failure or neglect to comply with the
12 provisions of any law administered by the Department.
13 (Source: Laws 1953, p. 1439.)
14 (20 ILCS 2505/95-305 new)
15 (was 20 ILCS 2505/39b15.1) (from Ch. 127, par. 39b15.1)
16 Sec. 95-305. Investigators. The Department has the power
17 39b15.1. to appoint investigators to conduct all
18 investigations, searches, seizures, arrests, and other duties
19 imposed under the provisions of any law administered by the
20 Department. The Such investigators have and may exercise all
21 the powers of peace officers solely for the purpose of
22 enforcing taxing measures administered by the Department.
23 (Source: P.A. 82-1009.)
24 (20 ILCS 2505/95-310 new)
25 (was 20 ILCS 2505/39b15.2) (from Ch. 127, par. 39b15.2)
26 Sec. 95-310. Obtaining evidence. The Department has the
27 power 39b15.2. to expend such sums that as the Director deems
28 necessary from contractual services appropriations for the
29 purchase of evidence and for the employment of persons to
30 obtain evidence. The Such sums shall be advanced to
31 investigators authorized by the Director to expend funds, on
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1 vouchers signed by the Director.
2 In addition, the Director is authorized to maintain one
3 or more commercial checking accounts with any State banking
4 corporation or corporations organized under or subject to the
5 Illinois Banking Act for the deposit and withdrawal of moneys
6 to be used solely for the purchase of evidence and for the
7 employment of persons to obtain evidence. No check may be
8 written on nor any withdrawal made from such an account
9 except on the written signature of 2 persons designated by
10 the Director to write those such checks and make those such
11 withdrawals. The balance of moneys on deposit in any such
12 account shall not exceed $5,000 at any time, nor shall any
13 one check written on or single withdrawal made from any such
14 account exceed $5,000.
15 (Source: P.A. 83-1416.)
16 (20 ILCS 2505/95-315 new)
17 (was 20 ILCS 2505/39b16) (from Ch. 127, par. 39b16)
18 Sec. 95-315. Taking testimony; requiring production of
19 documents. The Department has the power 39b16. to take
20 testimony and proof under oath and to require the production
21 of books, papers, and documents pertinent to any tax
22 assessment, levy, excise, investigation, inquiry, or hearing,
23 and for that purpose to subpoena and to compel the attendance
24 of witnesses and to issue subpoenas subpoena duces tecum.
25 (Source: Laws 1953, p. 1439.)
26 (20 ILCS 2505/95-320 new)
27 (was 20 ILCS 2505/39b17) (from Ch. 127, par. 39b17)
28 Sec. 95-320. Administrative oaths. The Department has the
29 power 39b17. to administer all oaths authorized or required
30 under the provisions of any of the laws under its
31 jurisdiction or to delegate that such power in writing, to
32 any officer or employee of the Department.
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1 (Source: Laws 1953, p. 1439.)
2 (20 ILCS 2505/95-340 new)
3 (was 20 ILCS 2505/39b35.1) (from Ch. 127, par. 39b35.1)
4 Sec. 95-340. Notice of taxpayer's liability. 39b35.1. If
5 any notice is sent by the Department to a taxpayer indicating
6 that the taxpayer has underpaid any taxes or for any other
7 reason is liable for taxes, interest, or penalties, the such
8 notice shall include the telephone number of an employee of
9 the Department who shall be qualified to explain what
10 recourse the taxpayer may have in appealing the Department's
11 determination of liability.
12 (Source: P.A. 85-475.)
13 (20 ILCS 2505/95-360 new)
14 (was 20 ILCS 2505/39b48) (from Ch. 127, par. 39b48)
15 Sec. 95-360. Certificate by manager of taxpayer records.
16 39b48. In any civil or criminal action under any tax or fee
17 statute of this State administered by the Illinois Department
18 of Revenue, a certificate made under the seal of the Illinois
19 Department of Revenue by the manager of taxpayer records or
20 the manager's his duly authorized deputy stating that he or
21 she had diligently searched available records of the
22 Department and
23 (1) not found a form or return required by law to
24 be filed with the Department or not found a record shall
25 be admissible to prove the absence of that such form,
26 return, or record, or
27 (2) not found a return or any other form required
28 by law or regulation to be filed with the Department
29 shall be admissible to prove the failure to file that
30 such return or form by any person required to do so.
31 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
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1 (20 ILCS 2505/95-380 new)
2 (was 20 ILCS 2505/39b47) (from Ch. 127, par. 39b47)
3 Sec. 95-380. Revocation of or refusal to issue a
4 certificate of registration, permit, or license. The
5 Department has the power 39b47. to refuse to issue or, after
6 notice and an opportunity for a hearing, to revoke a
7 certificate of registration, permit, or license issued or
8 authorized to be issued by the Department, if the applicant
9 for or holder of the such certificate of registration,
10 permit, or license fails to file a return, or to pay the tax,
11 fee, penalty, or interest shown in a filed return, or to pay
12 any final assessment of tax, fee, penalty, or interest, as
13 required by the tax or fee Act under which the such
14 certificate of registration, permit, or license is required
15 or any other tax or fee Act administered by the Department.
16 The procedure for notice and hearing prior to revocation
17 shall be as provided under the Act pursuant to which the
18 certificate of registration, permit, or license was issued.
19 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
20 (20 ILCS 2505/95-400 new)
21 (was 20 ILCS 2505/39b49) (from Ch. 127, par. 39b49)
22 Sec. 95-400. Contracts for collection assistance. The
23 Department has the power 39b49. to contract for collection
24 assistance on a contingent fee basis, with collection fees to
25 be retained by the collection agency and the net collections
26 to be paid to the Department.
27 (Source: P.A. 85-1223.)
28 (20 ILCS 2505/95-405 new)
29 (was 20 ILCS 2505/39c-1c)
30 Sec. 95-405. 39c-1c. Electronic filing of liens. The
31 Department of Revenue may adopt rules to provide for the
32 electronic filing of liens for any taxes required to be
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1 administered by the Department.
2 (Source: P.A. 89-399, eff. 8-20-95.)
3 (20 ILCS 2505/95-450 new)
4 (was 20 ILCS 2505/39b18) (from Ch. 127, par. 39b18)
5 Sec. 95-450. Monthly tax collection statements to
6 Governor. The Department has the power 39b18. to furnish the
7 Governor with monthly statements of its tax collections.
8 (Source: Laws 1953, p. 1439.)
9 (20 ILCS 2505/95-475 new)
10 (was 20 ILCS 2505/39b32) (from Ch. 127, par. 39b32)
11 Sec. 95-475. Tax record errors. 39b32. When the
12 Department, through its own error, has entered State tax on
13 its records under the wrong designation (such as recording a
14 use tax payment as retailers' occupation tax, or a retailers'
15 occupation tax payment as use tax, and so forth etc.), the
16 Department has the power to correct the such error on its
17 records and to notify the State Treasurer of the change so
18 that the Treasurer he can make the necessary corresponding
19 changes in the Treasurer's his records in case the erroneous
20 entry has been made in those his records. If the erroneous
21 entry in the Department's records is due to a mistake in
22 reporting by the taxpayer and the taxpayer agrees that he or
23 she has made a reporting error that which should be
24 corrected, the Department may correct its records accordingly
25 and notify the State Treasurer of the change so that the
26 Treasurer he can make the necessary corresponding changes in
27 the Treasurer's his records in case the erroneous entry has
28 been made in those his records.
29 The Department may similarly correct (i) errors in the
30 distribution, as between municipalities and counties, of
31 taxes that which are imposed by those such municipalities and
32 counties but collected for them by the Department as agent,
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1 and (ii) errors by which State taxes are erroneously credited
2 as municipal or county tax or by which municipal or county
3 taxes are erroneously credited or recorded as State tax,
4 giving such notices to the State Treasurer as may be
5 necessary to enable the Treasurer him to make corresponding
6 corrections in the Treasurer's his records.
7 (Source: P.A. 76-220.)
8 (20 ILCS 2505/95-500 new)
9 (was 20 ILCS 2505/39b11) (from Ch. 127, par. 39b11)
10 Sec. 95-500. Department divisions. The Department has
11 the power 39b11. to establish such divisions, including
12 advisory divisions, that as may be necessary to assist in
13 maintaining adequate relationships with taxpayers and that as
14 will improve the administration of the taxing measures under
15 its control.
16 (Source: Laws 1953, p. 1439.)
17 (20 ILCS 2505/95-505 new)
18 (was 20 ILCS 2505/39b20) (from Ch. 127, par. 39b20)
19 Sec. 95-505. Board of appeals. The Department has the
20 power 39b20. to appoint a board of appeals, which shall
21 consist of 3 persons, to review departmental actions in
22 controversies involving the determination of tax liability
23 arising under the tax laws administered by the Department.
24 The board shall have no jurisdiction prior to the time a
25 notice of deficiency or a notice of assessment has become
26 final unless (i) (a) the board has made a special finding
27 concurred in by all members that action by the board is the
28 most efficient and expeditious manner of resolving the
29 controversy or (ii) (b) the Director so orders. Cases shall
30 be reviewed by the such board, in accordance with the
31 procedure established by departmental rules and regulations
32 adopted pursuant to the provisions of Section 95-795 39b19.
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1 Decisions made pursuant to this Section are not subject to
2 the provisions of Article III of the Code of Civil Procedure.
3 The exercise of the power of appointment for members of
4 the board of appeals is mandatory, and the Director shall
5 make his appointments within 120 days after the effective
6 date of this amendatory Act of 1979. Each member of the
7 board of appeals shall serve for a period of one year and
8 shall continue to serve thereafter at the pleasure of the
9 Director. Compensation for members shall be determined by
10 the Director.
11 Decisions of the Board shall not take effect unless and
12 until approved by the Director.
13 The express denial of applicability of Article III of the
14 Code of Civil Procedure shall be construed as declaratory of
15 existing law, as expressed in Section 3-102 of the Code of
16 Civil Procedure, and not as a new enactment.
17 (Source: P.A. 85-340.)
18 (20 ILCS 2505/95-510 new)
19 (was 20 ILCS 2505/39b20.1) (from Ch. 127, par. 39b20.1)
20 Sec. 95-510. Informal assessment review. The Department
21 has the power 39b20.1. to establish an informal assessment
22 review process at which an impartial Department designee, who
23 has the authority and knowledge to recommend an appropriate
24 conclusion to the matter, shall review adjustments
25 recommended by examiners and auditors. The Director shall
26 provide by rule for the availability of an informal
27 assessment review before the issuance of a notice of tax
28 liability or notice of deficiency upon completion of an audit
29 of the taxpayer or before a formal hearing. A taxpayer may
30 be represented by a party of his or her choice during the
31 informal assessment review procedure and need not be
32 represented by an attorney.
33 The exercise of this power to establish an informal
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1 assessment review procedure is mandatory, and the Director
2 shall promulgate rules implementing this process within 180
3 days after the effective date of this amendatory Act of 1988.
4 (Source: P.A. 89-399, eff. 8-20-95.)
5 (20 ILCS 2505/95-550 new)
6 (was 20 ILCS 2505/39b51)
7 Sec. 95-550. 39b51. Jobs Impact Committee and report.
8 With respect to the credits provided for by Sections 209 and
9 210 of the Illinois Income Tax Act, Section 3-50 of the Use
10 Tax Act, Section 2 of the Service Use Tax Act, Section 2 of
11 the Service Occupation Tax Act, and Section 2-45 of the
12 Retailers' Occupation Tax Act, there is hereby created a Jobs
13 Impact Committee, which shall consist of the Director of the
14 Department of Revenue or the such person or persons the
15 Director as he may designate, and the such representative or
16 representatives that as shall be designated to serve on the
17 Committee by the Department of Commerce and Community
18 Affairs, the Bureau of the Budget, and the Economic and
19 Fiscal Commission. The Committee, so assembled, shall invite
20 and appoint 2 members of the businesses that are eligible for
21 the credits provided by those Sections. The Committee shall
22 study the use and effectiveness of these credits with regard
23 to job creation relative to the revenue loss to the State
24 from the provision of these credits. The Director of the
25 Department of Revenue shall, on behalf of the Committee,
26 submit the Committee's report to the General Assembly on or
27 before June 30, 1998.
28 (Source: P.A. 90-552, eff. 12-12-97.)
29 (20 ILCS 2505/95-575 new)
30 (was 20 ILCS 2505/39b53)
31 Sec. 95-575. 39b53. Income tax reciprocal agreements.
32 (a) Reciprocal agreement cost study. The Department of
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1 Revenue shall study the use and cost effectiveness of all
2 reciprocal agreements entered into under the authority of
3 Sections 302 and 701 of the Illinois Income Tax Act. The
4 Department shall report to the General Assembly as to the
5 fiscal impact on Illinois income tax collections of each of
6 the reciprocal agreements by January 1, 1999 and every 5
7 years thereafter. The Department has of Revenue shall have
8 the authority to require that employers provide all
9 information necessary to complete the study on income tax
10 withholding returns filed with the Department under Section
11 704 of the Illinois Income Tax Act. The Department has shall
12 have the authority to require that employees provide all
13 information necessary to complete the study on individual
14 income tax returns filed under Section 502 of the Illinois
15 Income Tax Act.
16 (b) Revocation of reciprocal agreements. Upon receipt
17 of the cost study or at any time thereafter, the General
18 Assembly may adopt a joint resolution by an affirmative vote
19 of a majority of each house directing the Director of Revenue
20 to revoke any reciprocal agreement with any other state that
21 results in a loss of revenue to the State of Illinois. Any
22 joint resolution shall specify the date upon which the
23 reciprocal agreement is to be revoked. That, which date
24 shall be no sooner than the beginning of the next subsequent
25 calendar year that is at least 6 months after the adoption of
26 the joint resolution.
27 (c) Authority to enter into compensation agreements.
28 Before any revocation by joint resolution adopted by the
29 General Assembly under subsection (b), the Director of
30 Revenue has shall have the authority to enter into a
31 compensation or rebating agreement with any reciprocal state.
32 Any compensation agreement shall provide that the reciprocal
33 state shall provide a rebate to the State of Illinois to
34 compensate for the loss of revenue. The Director has of
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1 Revenue shall have the authority to enter into agreements
2 with reciprocal states to contract with any third party
3 mutually agreed to by the Director and the reciprocal state
4 to establish a rebate or compensation amount.
5 (Source: P.A. 90-491, eff. 1-1-98.)
6 (20 ILCS 2505/95-600 new)
7 (was 20 ILCS 2505/39b21) (from Ch. 127, par. 39b21)
8 Sec. 95-600. Information from State and local officers.
9 The Department has the power 39b21. to require from all State
10 and local officers any such information that as may be
11 necessary for the proper discharge of its duties.
12 (Source: Laws 1953, p. 1439.)
13 (20 ILCS 2505/95-605 new)
14 (was 20 ILCS 2505/39b22) (from Ch. 127, par. 39b22)
15 Sec. 95-605. Taxing district records. The Department
16 has the power 39b22. to examine and make memoranda from all
17 records, books, papers, documents, and statements of fact on
18 record or on file in any public office of any taxing district
19 of the State, and all such officers having charge or custody
20 of those such records shall furnish to the Department, upon
21 request, information of any and all matters on file or of
22 record in their respective offices.
23 (Source: Laws 1953, p. 1439.)
24 (20 ILCS 2505/95-625 new)
25 (was 20 ILCS 2505/39b35) (from Ch. 127, par. 39b35)
26 Sec. 95-625. Aiding local governments; real and personal
27 property taxes. 39b35. The Department shall assist and aid
28 local governments of the State in matters relating to real
29 and personal property taxes, including assessments and
30 equalization, and perform all other duties provided by law.
31 In performing this responsibility the Department shall have
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1 the power and duty to do the following:
2 (1) (a) Assist and advise the local governments of
3 the State in matters pertaining to the assessment and
4 equalization of property.;
5 (2) (b) Prepare and maintain current maps of the
6 counties of the State, showing the boundaries and the
7 limits of all taxing districts and local governments of
8 the State.;
9 (3) (c) Perform all other duties and powers
10 relating to real and personal property taxes, including
11 real and personal property assessments and equalization,
12 and other taxes and financial matters, as are provided by
13 law and may be vested in the Department.;
14 (d) The Department shall promulgate rules and
15 regulations concerning the Department's operations and
16 programs established to meet these purposes.
17 (Source: P.A. 81-1509.)
18 (20 ILCS 2505/95-630 new)
19 (was 20 ILCS 2505/39b36) (from Ch. 127, par. 39b36)
20 Sec. 95-630. Charges for publications for local
21 officials. 39b36. The Department may make a reasonable
22 charge for instructional manuals, appraisal manuals, and
23 reproductions of the Illinois property tax laws and other
24 publications for the use of local officials. All moneys
25 received from these such charges shall be paid into the
26 General Revenue Fund.
27 (Source: P.A. 81-1509.)
28 (20 ILCS 2505/95-650 new)
29 (was 20 ILCS 2505/39b52)
30 Sec. 95-650. 39b52. Collection of past due support.
31 Upon certification of past due child support amounts from the
32 Department of Public Aid, the Department of Revenue may
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1 collect the delinquency in any manner authorized for the
2 collection of any tax administered by the Department of
3 Revenue. The Department of Revenue shall notify the
4 Department of Public Aid when the delinquency or any portion
5 of the delinquency has been collected under this Section.
6 Any child support delinquency collected by the Department of
7 Revenue, including those amounts that result in overpayment
8 of a child support delinquency, shall be deposited into in,
9 or transferred into to, the Child Support Enforcement Trust
10 Fund. The Department of Revenue may implement this Section
11 through the use of emergency rules in accordance with Section
12 5-45 of the Illinois Administrative Procedure Act. For
13 purposes of the Illinois Administrative Procedure Act, the
14 adoption of rules to implement this Section shall be
15 considered an emergency and necessary for the public
16 interest, safety, and welfare.
17 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
18 (20 ILCS 2505/95-675 new)
19 (was 20 ILCS 2505/39b50) (from Ch. 127, par. 39b50)
20 Sec. 95-675. 39b50. Whenever the Department of Revenue is
21 authorized or required by law to consider some aspect of
22 criminal history record information for the purpose of
23 carrying out its statutory powers and responsibilities, then,
24 upon request and payment of fees in conformance with the
25 requirements of subsection 22 of Section 100-400 55a of the
26 Department of State Police Law (20 ILCS 2605/100-400) "The
27 Civil Administrative Code of Illinois", the Department of
28 State Police is authorized to furnish, pursuant to positive
29 identification, the such information contained in State files
30 that as is necessary to fulfill the request.
31 (Source: P.A. 86-610.)
32 (20 ILCS 2505/95-700 new)
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1 (was 20 ILCS 2505/39b13) (from Ch. 127, par. 39b13)
2 Sec. 95-700. Recommending legislation. The Department
3 has the power 39b13. to formulate and recommend legislation
4 for the improvement of the system of taxation in the State.
5 (Source: P.A. 76-1158.)
6 (20 ILCS 2505/95-705 new)
7 (was 20 ILCS 2505/39b14) (from Ch. 127, par. 39b14)
8 Sec. 95-705. Other tax systems. The Department has the
9 power 39b14. to investigate the tax systems of other states
10 and counties.
11 (Source: Laws 1953, p. 1439.)
12 (20 ILCS 2505/95-730 new)
13 (was 20 ILCS 2505/39b23) (from Ch. 127, par. 39b23)
14 Sec. 95-730. Transfer of realty to other State agency;
15 acquisition of federal lands. The Department has the power
16 39b23. to transfer jurisdiction of any realty under control
17 of the Department to any other department of the State
18 government or to acquire or accept federal lands, when the
19 such transfer, acquisition, or acceptance is advantageous to
20 the State and is approved in writing by the Governor.
21 (Source: Laws 1953, p. 1439.)
22 (20 ILCS 2505/95-790 new)
23 (was 20 ILCS 2505/39b33) (from Ch. 127, par. 39b33)
24 Sec. 95-790. Other rights, powers, and duties. The
25 Department has the power 39b33. to exercise and perform the
26 such other rights, powers, and duties that as may be vested
27 in the said Department of Revenue by law.
28 (Source: Laws 1965, p. 175.)
29 (20 ILCS 2505/95-795 new)
30 (was 20 ILCS 2505/39b19) (from Ch. 127, par. 39b19)
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1 Sec. 95-795. Rules and regulations. The Department has
2 the power 39b19. to make such reasonable rules and
3 regulations that as may be necessary to effectively enforce
4 any of the powers herein granted.
5 (Source: Laws 1953, p. 1439.)
6 (20 ILCS 2605/Art. 100 heading new)
7 ARTICLE 100. DEPARTMENT OF STATE POLICE
8 (20 ILCS 2605/100-1 new)
9 Sec. 100-1. Article short title. This Article 100 of the
10 Civil Administrative Code of Illinois may be cited as the
11 Department of State Police Law.
12 (20 ILCS 2605/100-5 new)
13 Sec. 100-5. Definitions. In this Law:
14 "Department" means the Department of State Police.
15 "Director" means the Director of State Police.
16 (20 ILCS 2605/100-10 new)
17 (was 20 ILCS 2605/55a, subsec. (A), in part) (from Ch.
18 127, par. 55a)
19 Sec. 100-10. Powers and duties, generally. 55a. Powers
20 and duties. (A) The Department of State Police shall have
21 the following powers and duties, and those set forth in the
22 following Sections. 55a-1 through 55c:
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
25 (20 ILCS 2605/100-15 new)
26 (was 20 ILCS 2605/55a, subdiv. (A)26) (from Ch. 127, par.
27 55a)
28 Sec. 100-15. Rules and regulations. 26. To promulgate
29 rules and regulations necessary for the administration and
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1 enforcement of its powers and duties, wherever granted and
2 imposed, pursuant to the Illinois Administrative Procedure
3 Act.
4 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
5 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
6 (20 ILCS 2605/100-25 new)
7 (was 20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
8 Sec. 100-25. Department divisions. 55a-1. The
9 Department of State Police is divided into the Illinois State
10 Police Academy and 5 divisions: the Division of State
11 Troopers, the Division of Criminal Investigation, the
12 Division of Forensic Services, the Division of
13 Administration, and the Division of Internal Investigation.
14 (Source: P.A. 90-130, eff. 1-1-98.)
15 (20 ILCS 2605/100-30 new)
16 (was 20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
17 Sec. 100-30. Division of State Troopers. 55a-2. The
18 Division of State Troopers shall exercise the following
19 functions:
20 (1) 1. to Cooperate with federal and State
21 authorities requesting utilization of the Department's
22 radio network system under the "Illinois Aeronautics
23 Act.", approved July 24, 1945, as amended;
24 (2) 2. to Exercise the rights, powers, and duties of
25 the State Police under "An Act in relation to the State
26 Police Act.", approved July 20, 1949, as amended;
27 (3) 3. to Exercise the rights, powers, and duties
28 vested by law in the Department by the State Police Radio
29 Act. "An Act in relation to the establishment and
30 operation of radio broadcasting stations and the
31 acquisition and installation of radio receiving sets for
32 police purposes", approved July 7, 1931, as amended;
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1 (4) 4. to Exercise the rights, powers, and duties
2 of the Department vested by law in the Department and the
3 Illinois State Police by "the Illinois Vehicle Code.",
4 approved September 29, 1969, as amended;
5 (5) 5. to Exercise other duties that which have
6 been or may be vested by law in the Illinois State
7 Police.; and
8 (6) 6. to Exercise other duties that which may be
9 assigned by the Director in order to fulfill the
10 responsibilities and to achieve the purposes of the
11 Department.
12 (Source: P.A. 84-25.)
13 (20 ILCS 2605/100-35 new)
14 (was 20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
15 Sec. 100-35. Division of Criminal Investigation. 55a-3.
16 (a) The Division of Criminal Investigation shall
17 exercise the following functions:
18 (1) 1. to Exercise the rights, powers, and duties
19 vested by law in the Department by the Illinois Horse
20 Racing Act of 1975.;
21 (2) 2. to Investigate the origins, activities,
22 personnel, and incidents of crime and enforce the
23 criminal laws of this State related thereto.;
24 (3) 3. to Enforce all laws regulating the
25 production, sale, prescribing, manufacturing,
26 administering, transporting, having in possession,
27 dispensing, delivering, distributing, or use of
28 controlled substances and cannabis.;
29 (4) 4. to Cooperate with the police of cities,
30 villages, and incorporated towns, and with the police
31 officers of any county in enforcing the laws of the State
32 and in making arrests and recovering property.;
33 (5) 5. to Apprehend and deliver up any person
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1 charged in this State or any other state with treason or
2 a, felony, or other crime, who has fled from justice and
3 is found in this State.;
4 (6) 6. to Investigate recipients and, providers
5 under the Illinois Public Aid Code and any personnel
6 involved in the administration of the Illinois Public Aid
7 Code who are suspected of any violation of the such Code
8 pertaining to fraud in the administration, receipt, or
9 provision of assistance and pertaining to any violation
10 of criminal law;, and to exercise the functions required
11 under Section 100-220 55a-7 in the conduct of those such
12 investigations.;
13 (7) 7. to Conduct such other investigations as may
14 be provided by law.;
15 (8) 8. to Exercise the powers and perform the
16 duties that which have been vested in the Department of
17 State Police by the Sex Offender Registration Act and the
18 Sex Offender and Child Murderer Community Notification
19 Law; and to promulgate reasonable rules and regulations
20 necessitated thereby.; and
21 (9) 9. to Exercise other duties that which may be
22 assigned by the Director in order to fulfill the
23 responsibilities and achieve the purposes of the
24 Department.
25 (b) There is hereby established in the Division of
26 Criminal Investigation the Office of Coordination of Gang
27 Prevention, hereafter referred to as the Office.
28 The Office shall consult with units of local government
29 and school districts to assist them in gang control
30 activities and to administer a system of grants to units of
31 local government and school districts that which, upon
32 application, have demonstrated a workable plan to reduce gang
33 activity in their area. The Such grants shall not include
34 reimbursement for personnel, nor shall they exceed 75% of the
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1 total request by any applicant. The grants, and may be
2 calculated on a proportional basis, determined by funds
3 available to the Department for this purpose. The Department
4 has shall have the authority to promulgate appropriate rules
5 and regulations to administer this program.
6 The Such Office shall establish mobile units of trained
7 personnel to respond to gang activities.
8 The Such Office shall also consult with and use the
9 services of religious leaders and other celebrities to assist
10 in gang control activities.
11 The Office may sponsor seminars, conferences, or any
12 other educational activity to assist communities in their
13 gang crime control activities.
14 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
15 eff. 6-1-96; 90-193, eff. 7-24-97.)
16 (20 ILCS 2605/100-40 new)
17 (was 20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
18 Sec. 100-40. Division of Forensic Services. 55a-4. The
19 Division of Forensic Services shall exercise the following
20 functions:
21 (1) 1. to Exercise the rights, powers, and duties
22 vested by law in the Department by the "An Act in
23 relation to Criminal Identification Act. and
24 investigation", approved July 2, 1931, as amended;
25 (2) 2. to Exercise the rights, powers, and duties
26 vested by law in the Department by subsection (5) of
27 Section 100-300 55a of this Law. Act;
28 (3) 3. to Provide assistance to local law
29 enforcement agencies through training, management, and
30 consultant services.;
31 (4) 4. to Exercise the rights, powers, and duties
32 vested by law in the Department by the Firearm Owners
33 Identification Card Act. "An Act relating to the
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1 acquisition, possession and transfer of firearms and
2 firearm ammunition and to provide a penalty for the
3 violation thereof and to make an appropriation in
4 connection therewith", approved August 3, 1967, as
5 amended;
6 (5) 5. to Exercise other duties that which may be
7 assigned by the Director in order to fulfill the
8 responsibilities and achieve the purposes of the
9 Department.; and
10 (6) 6. to Establish and operate a forensic science
11 laboratory system, including a forensic toxicological
12 laboratory service, for the purpose of testing specimens
13 submitted by coroners and other law enforcement officers
14 in their efforts to determine whether alcohol, drugs, or
15 poisonous or other toxic substances have been involved in
16 deaths, accidents, or illness. Forensic toxicological
17 laboratories shall be established in Springfield,
18 Chicago, and elsewhere in the State as needed.
19 (Source: P.A. 90-130, eff. 1-1-98.)
20 (20 ILCS 2605/100-45 new)
21 (was 20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
22 Sec. 100-45. Division of Administration. 55a-5. The
23 Division of Administration shall exercise the following
24 functions:
25 (1) 1. to Exercise the rights, powers, and duties
26 vested in the Department by the "An Act to create a
27 Bureau of the Budget Act. and to define its powers and
28 duties and to make an appropriation", approved April 16,
29 1969, as amended;
30 (2) 2. to Pursue research and the publication of
31 studies pertaining to local law enforcement activities.;
32 (3) 3. to Exercise the rights, powers, and duties
33 vested in the Department by the "Personnel Code.",
-365- LRB9009239DJcd
1 approved July 18, 1955, as amended;
2 (4) 4. to Operate an electronic data processing and
3 computer center for the storage and retrieval of data
4 pertaining to criminal activity.;
5 (5) 5. to Exercise the rights, powers, and duties
6 vested in the Division of State Troopers by Section 17 of
7 the "An Act in relation to State Police Act.", approved
8 July 20, 1949, as amended;
9 (6) 6. to Exercise the rights, powers, and duties
10 vested in the Department by "An Act relating to internal
11 auditing in State government", approved August 11, 1967
12 (repealed; now the Fiscal Control and Internal Auditing
13 Act, 30 ILCS 10/)., as amended;
14 (7) 7. to Exercise other duties that which may be
15 assigned by the Director to fulfill the responsibilities
16 and achieve the purposes of the Department.
17 (Source: P.A. 84-25.)
18 (20 ILCS 2605/100-50 new)
19 (was 20 ILCS 2605/55a-6) (from Ch. 127, par. 55a-6)
20 Sec. 100-50. Division of Internal Investigation. 55a-6.
21 The Division of Internal Investigation shall initiate
22 internal departmental investigations and, at the direction of
23 the Governor, investigate complaints and initiate
24 investigations of official misconduct by State officers and
25 State employees under the jurisdiction of the Governor.
26 (Source: P.A. 80-56.)
27 (20 ILCS 2605/100-75 new)
28 (was 20 ILCS 2605/55a, subsec. (C)) (from Ch. 127, par.
29 55a)
30 Sec. 100-75. Bilingual police officers. (C) The
31 Department of State Police may ascertain the number of
32 bilingual police officers and other personnel needed to
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1 provide services in a language other than English and may
2 establish, under applicable personnel rules and Department
3 guidelines or through a collective bargaining agreement, a
4 bilingual pay supplement program.
5 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
6 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
7 (20 ILCS 2605/100-100 new)
8 (was 20 ILCS 2605/55a, subdiv. (A)1) (from Ch. 127, par.
9 55a)
10 Sec. 100-100. State Police Act. 1. To exercise the
11 rights, powers, and duties that which have been vested in the
12 Department of Public Safety by the State Police Act.
13 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
14 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
15 (20 ILCS 2605/100-105 new)
16 (was 20 ILCS 2605/55a, subdiv. (A)2) (from Ch. 127, par.
17 55a)
18 Sec. 100-105. State Police Radio Act. 2. To exercise the
19 rights, powers, and duties that which have been vested in the
20 Department of Public Safety by the State Police Radio Act.
21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
23 (20 ILCS 2605/100-110 new)
24 (was 20 ILCS 2605/55a, subdiv. (A)3) (from Ch. 127, par.
25 55a)
26 Sec. 100-110. Criminal Identification Act. 3. To
27 exercise the rights, powers, and duties that which have been
28 vested in the Department of Public Safety by the Criminal
29 Identification Act.
30 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
31 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
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1 (20 ILCS 2605/100-115 new)
2 (was 20 ILCS 2605/55a, subdiv. (A)9) (from Ch. 127, par.
3 55a)
4 Sec. 100-115. Illinois Vehicle Code. 9. To exercise the
5 rights, powers, and duties that which have been vested in the
6 Department of Public Safety by the Illinois Vehicle Code.
7 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
8 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
9 (20 ILCS 2605/100-120 new)
10 (was 20 ILCS 2605/55a, subdiv. (A)10) (from Ch. 127, par.
11 55a)
12 Sec. 100-120. Firearm Owners Identification Card Act.
13 10. To exercise the rights, powers, and duties that which
14 have been vested in the Department of Public Safety by the
15 Firearm Owners Identification Card Act.
16 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
17 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
18 (20 ILCS 2605/100-130 new)
19 (was 20 ILCS 2605/55a, subdiv. (A)23) (from Ch. 127, par.
20 55a)
21 Sec. 100-130. Intergovernmental Missing Child Recovery
22 Act of 1984. 23. To exercise the powers and perform the
23 duties that which have been vested in the Department of State
24 Police by the Intergovernmental Missing Child Recovery Act of
25 1984, and to establish reasonable rules and regulations
26 necessitated thereby.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
29 (20 ILCS 2605/100-135 new)
30 (was 20 ILCS 2605/55c) (from Ch. 127, par. 55c)
31 Sec. 100-135. Intergovernmental Drug Laws Enforcement
-368- LRB9009239DJcd
1 Act. 55c. The Department of State Police shall exercise the
2 powers and duties assigned to it under the "Intergovernmental
3 Drug Laws Enforcement Act", enacted by the 80th General
4 Assembly.
5 (Source: P.A. 84-25.)
6 (20 ILCS 2605/100-140 new)
7 (was 20 ILCS 2605/55a, subdiv. (A)8) (from Ch. 127, par.
8 55a)
9 Sec. 100-140. Narcotic Control Division Abolition Act.
10 8. To exercise the rights, powers, and duties that which
11 have been vested in the Department of State Police and the
12 Director of the Department of State Police by the Narcotic
13 Control Division Abolition Act.
14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
16 (20 ILCS 2605/100-190 new)
17 (was 20 ILCS 2605/55a, subdiv. (A)11) (from Ch. 127, par.
18 55a)
19 Sec. 100-190. Other laws in relation to law enforcement.
20 11. To enforce and administer such other laws in relation to
21 law enforcement to the extent that they vest any rights,
22 powers, or duties as may be vested in the Department.
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
25 (20 ILCS 2605/100-200 new)
26 (was 20 ILCS 2605/55a, subdiv. (A)4) (from Ch. 127, par.
27 55a)
28 Sec. 100-200. Investigations of crime; enforcement of
29 laws. 4.
30 (a) To do the following:
31 (1) (a) Investigate the origins, activities,
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1 personnel, and incidents of crime and the ways and means
2 to redress the victims of crimes;, and study the impact,
3 if any, of legislation relative to the effusion of crime
4 and growing crime rates;, and enforce the criminal laws
5 of this State related thereto.,
6 (2) (b) Enforce all laws regulating the production,
7 sale, prescribing, manufacturing, administering,
8 transporting, having in possession, dispensing,
9 delivering, distributing, or use of controlled substances
10 and cannabis.,
11 (3) (c) Employ skilled experts, scientists,
12 technicians, investigators, or otherwise specially
13 qualified persons to aid in preventing or detecting
14 crime, apprehending criminals, or preparing and
15 presenting evidence of violations of the criminal laws of
16 the State.,
17 (4) (d) Cooperate with the police of cities,
18 villages, and incorporated towns, and with the police
19 officers of any county, in enforcing the laws of the
20 State and in making arrests and recovering property.,
21 (5) (e) Apprehend and deliver up any person charged
22 in this State or any other state of the United States
23 with treason or a, felony, or other crime, who has fled
24 from justice and is found in this State., and
25 (6) (f) Conduct such other investigations as may be
26 provided by law.
27 (b) Persons exercising the these powers set forth in
28 subsection (a) within the Department are conservators of the
29 peace and as such have all the powers possessed by policemen
30 in cities and sheriffs, except that they may exercise those
31 such powers anywhere in the State in cooperation with and
32 after contact with the local law enforcement officials. Those
33 Such persons may use false or fictitious names in the
34 performance of their duties under this Section paragraph,
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1 upon approval of the Director, and shall not be subject to
2 prosecution under the criminal laws for that such use.
3 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
4 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
5 (20 ILCS 2605/100-205 new)
6 (was 20 ILCS 2605/55a, subdiv. (A)17) (from Ch. 127, par.
7 55a)
8 Sec. 100-205. Arson investigations. 17. To conduct arson
9 investigations.
10 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
11 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
12 (20 ILCS 2605/100-210 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)29) (from Ch. 127, par.
14 55a)
15 Sec. 100-210. Child abuse or neglect investigations.
16 29. Upon the request of the Department of Children and
17 Family Services, to investigate reports of child abuse or
18 neglect.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
21 (20 ILCS 2605/100-215 new)
22 (was 20 ILCS 2605/55a, subdiv. (A)14) (from Ch. 127, par.
23 55a)
24 Sec. 100-215. Horse race track investigation services.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Illinois Horse Racing
28 Act of 1975.
29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
30 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
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1 (20 ILCS 2605/100-220 new)
2 (was 20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
3 Sec. 100-220. Public aid fraud investigations. 55a-7. The
4 Department of State Police, through the Division of Criminal
5 Investigation, shall investigate recipients and, providers
6 under the Illinois Public Aid Code and any personnel involved
7 in the administration of the Illinois Public Aid Code who are
8 suspected of any violations of the such Code pertaining to
9 fraud in the administration, receipt, or provision of
10 assistance and pertaining to any violation of criminal law.
11 The Department shall, in addition to functions otherwise
12 authorized by State and federal law, exercise the following
13 functions:
14 (1) 1. to Initiate investigations of suspected
15 cases of public aid fraud.; and
16 (2) 2. to Investigate cases of public aid fraud.
17 (Source: P.A. 84-25.)
18 (20 ILCS 2605/100-250 new)
19 (was 20 ILCS 2605/55a, subdiv. (A)15) (from Ch. 127, par.
20 55a)
21 Sec. 100-250. Obtaining evidence. 15. To expend the such
22 sums as the Director deems necessary from contractual
23 services appropriations for the Division of Criminal
24 Investigation for the purchase of evidence and for the
25 employment of persons to obtain evidence. The Such sums shall
26 be advanced to agents authorized by the Director to expend
27 funds, on vouchers signed by the Director.
28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
30 (20 ILCS 2605/100-275 new)
31 (was 20 ILCS 2605/55a, subdiv. (A)30) (from Ch. 127, par.
32 55a)
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1 Sec. 100-275. Registration of fictitious vital records.
2 30. To obtain registration of a fictitious vital record
3 pursuant to Section 15.1 of the Vital Records Act.
4 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
5 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
6 (20 ILCS 2605/100-300 new)
7 (was 20 ILCS 2605/55a, subdiv. (A)5) (from Ch. 127, par.
8 55a)
9 Sec. 100-300. Records; crime laboratories; personnel.
10 5. To do the following:
11 (1) (a) Be a central repository and custodian of
12 criminal statistics for the State.,
13 (2) (b) Be a central repository for criminal
14 history record information.,
15 (3) (c) Procure and file for record such
16 information that as is necessary and helpful to plan
17 programs of crime prevention, law enforcement, and
18 criminal justice.,
19 (4) (d) Procure and file for record such copies of
20 fingerprints that, as may be required by law.,
21 (5) (e) Establish general and field crime
22 laboratories.,
23 (6) (f) Register and file for record such
24 information that as may be required by law for the
25 issuance of firearm owner's identification cards.,
26 (7) (g) Employ polygraph operators, laboratory
27 technicians, and other specially qualified persons to aid
28 in the identification of criminal activity., and
29 (8) (h) Undertake such other identification,
30 information, laboratory, statistical, or registration
31 activities that as may be required by law.
32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
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1 (20 ILCS 2605/100-305 new)
2 (was 20 ILCS 2605/55a, subsec. (B)) (from Ch. 127, par.
3 55a)
4 Sec. 100-305. Statewide Organized Criminal Gang Database
5 (SWORD). (B) The Department of State Police may establish
6 and maintain, within the Department of State Police, a
7 Statewide Organized Criminal Gang Database (SWORD) for the
8 purpose of tracking organized criminal gangs and their
9 memberships. Information in the database may include, but not
10 be limited to, the name, last known address, birth date,
11 physical descriptions (such as scars, marks, or tattoos),
12 officer safety information, organized gang affiliation, and
13 entering agency identifier. The Department may develop, in
14 consultation with the Criminal Justice Information Authority,
15 and in a form and manner prescribed by the Department, an
16 automated data exchange system to compile, to maintain, and
17 to make this information electronically available to
18 prosecutors and to other law enforcement agencies. The
19 information may be used by authorized agencies to combat the
20 operations of organized criminal gangs statewide.
21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
23 (20 ILCS 2605/100-315 new)
24 (was 20 ILCS 2605/55a, subdiv. (A)34) (from Ch. 127, par.
25 55a)
26 Sec. 100-315. Criminal history record information for
27 Department of Children and Family Services. 34. Upon the
28 request of the Department of Children and Family Services,
29 the Department of State Police shall provide properly
30 designated employees of the Department of Children and Family
31 Services with criminal history record information as defined
32 in the Illinois Uniform Conviction Information Act and
33 information maintained in the adjudicatory and dispositional
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1 record system as defined in subdivision (A)19 of this Section
2 100-355 if the Department of Children and Family Services
3 determines the information is necessary to perform its duties
4 under the Abused and Neglected Child Reporting Act, the Child
5 Care Act of 1969, and the Children and Family Services Act.
6 The request shall be in the form and manner specified by the
7 Department of State Police.
8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
10 (20 ILCS 2605/100-325 new)
11 (was 20 ILCS 2605/55a, subdiv. (A)25) (from Ch. 127, par.
12 55a)
13 Sec. 100-325. Conviction information for school board or
14 regional superintendent. 25. On request of a school board or
15 regional superintendent of schools, to conduct an inquiry
16 pursuant to Section 10-21.9 or 34-18.5 of the School Code to
17 ascertain whether if an applicant for employment in a school
18 district has been convicted of any criminal or drug offenses
19 enumerated in Section 10-21.9 or 34-18.5 of the School Code.
20 The Department shall furnish the such conviction information
21 to the president of the school board of the school district
22 that which has requested the information, or, if the
23 information was requested by the regional superintendent, to
24 that regional superintendent.
25 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
26 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
27 (20 ILCS 2605/100-335 new)
28 (was 20 ILCS 2605/55a, subdiv. (A)28) (from Ch. 127, par.
29 55a)
30 Sec. 100-335. Conviction information for private child
31 services organization. 28. Upon the request of any private
32 organization that which devotes a major portion of its time
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1 to the provision of recreational, social, educational, or
2 child safety services to children, to conduct, pursuant to
3 positive identification, criminal background investigations
4 of all of that organization's current employees, current
5 volunteers, prospective employees, or prospective volunteers
6 charged with the care and custody of children during the
7 provision of the organization's services, and to report to
8 the requesting organization any record of convictions
9 maintained in the Department's files about those such
10 persons. The Department shall charge an application fee,
11 based on actual costs, for the dissemination of conviction
12 information pursuant to this Section subsection. The
13 Department is empowered to establish this fee and shall
14 prescribe the form and manner for requesting and furnishing
15 conviction information pursuant to this Section subsection.
16 Information received by the organization from the
17 Department concerning an individual shall be provided to the
18 such individual. Any such information obtained by the
19 organization shall be confidential and may not be transmitted
20 outside the organization and may not be transmitted to anyone
21 within the organization except as needed for the purpose of
22 evaluating the individual. Only information and standards
23 that which bear a reasonable and rational relation to the
24 performance of child care shall be used by the organization.
25 Any employee of the Department or any member, employee,
26 or volunteer of the organization receiving confidential
27 information under this Section subsection who gives or causes
28 to be given any confidential information concerning any
29 criminal convictions of an individual shall be guilty of a
30 Class A misdemeanor unless release of the such information is
31 authorized by this Section subsection.
32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
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1 (20 ILCS 2605/100-340 new)
2 (was 20 ILCS 2605/55a, subdiv. (A)32) (from Ch. 127, par.
3 55a)
4 Sec. 100-340. Conviction information for private carrier
5 company under Metropolitan Transit Authority Act. 32. Upon
6 the request of a private carrier company that provides
7 transportation under Section 28b of the Metropolitan Transit
8 Authority Act, to ascertain whether if an applicant for a
9 driver position has been convicted of any criminal or drug
10 offense enumerated in that Section 28b of the Metropolitan
11 Transit Authority Act. The Department shall furnish the
12 conviction information to the private carrier company that
13 requested the information.
14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
16 (20 ILCS 2605/100-350 new)
17 (was 20 ILCS 2605/55a, subdiv. (A)18) (from Ch. 127, par.
18 55a)
19 Sec. 100-350. Juveniles; police contact record keeping
20 system. 18. To develop a separate statewide statistical
21 police contact record keeping system for the study of
22 juvenile delinquency. The records of this police contact
23 system shall be limited to statistical information. No
24 individually identifiable information shall be maintained in
25 the police contact statistical record system.
26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
28 (20 ILCS 2605/100-355 new)
29 (was 20 ILCS 2605/55a, subdiv. (A)19) (from Ch. 127, par.
30 55a)
31 Sec. 100-355. Delinquent minors; central adjudicatory and
32 dispositional records system. 19. To develop a separate
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1 statewide central adjudicatory and dispositional records
2 system for persons under 19 years of age who have been
3 adjudicated delinquent minors and to make information
4 available to local registered participating police youth
5 officers so that police youth officers will be able to obtain
6 rapid access to the juvenile's background from other
7 jurisdictions to the end that the police youth officers can
8 make appropriate dispositions that which will best serve the
9 interest of the child and the community. Information
10 maintained in the adjudicatory and dispositional record
11 system shall be limited to the incidents or offenses for
12 which the minor was adjudicated delinquent by a court, and a
13 copy of the court's dispositional order. All individually
14 identifiable records in the adjudicatory and dispositional
15 records system shall be destroyed when the person reaches 19
16 years of age.
17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
19 (20 ILCS 2605/100-360 new)
20 (was 20 ILCS 2605/55a, subdiv. (A)20) (from Ch. 127, par.
21 55a)
22 Sec. 100-360. Rules for confidentiality of juvenile
23 records. 20. To develop rules that which guarantee the
24 confidentiality of the such individually identifiable
25 adjudicatory and dispositional records described in Section
26 100-355 except when used for the following:
27 (1) (a) by authorized juvenile court personnel or
28 the State's Attorney in connection with proceedings under
29 the Juvenile Court Act of 1987; or
30 (2) (b) inquiries from registered police youth
31 officers.
32 For the purposes of this Law, Act "police youth officer"
33 means a member of a duly organized State, county, or
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1 municipal police force who is assigned by his or her
2 superintendent, sheriff, or chief of police, as the case may
3 be, to specialize in youth problems.
4 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
5 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
6 (20 ILCS 2605/100-365 new)
7 (was 20 ILCS 2605/55a, subdiv. (A)21) (from Ch. 127, par.
8 55a)
9 Sec. 100-365. Access to juvenile records by minors and
10 others. 21. To develop administrative rules and
11 administrative hearing procedures that which allow a minor,
12 his or her attorney, and his or her parents or guardian
13 access to individually identifiable adjudicatory and
14 dispositional records for the purpose of determining or
15 challenging the accuracy of the records. Final administrative
16 decisions shall be subject to the provisions of the
17 Administrative Review Law.
18 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
19 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
20 (20 ILCS 2605/100-375 new)
21 (was 20 ILCS 2605/55a, subdiv. (A)24) (from Ch. 127, par.
22 55a)
23 Sec. 100-375. Missing persons; Law Enforcement Agencies
24 Data System (LEADS). 24.
25 (a) To establish and maintain a statewide Law
26 Enforcement Agencies Data System (LEADS) for the purpose of
27 providing electronic access by authorized entities to
28 criminal justice data repositories and effecting an immediate
29 law enforcement response to reports of missing persons,
30 including lost, missing or runaway minors. The Department
31 shall implement an automatic data exchange system to compile,
32 to maintain, and to make available to other law enforcement
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1 agencies for immediate dissemination data that which can
2 assist appropriate agencies in recovering missing persons and
3 provide access by authorized entities to various data
4 repositories available through LEADS for criminal justice and
5 related purposes. To help assist the Department in this
6 effort, funds may be appropriated from the LEADS Maintenance
7 Fund.
8 (b) In exercising its duties under this Section
9 subsection, the Department shall do the following:
10 (1) Provide a uniform reporting format for the
11 entry of pertinent information regarding the report of a
12 missing person into LEADS.;
13 (2) Develop and implement a policy whereby a
14 statewide or regional alert would be used in situations
15 relating to the disappearances of individuals, based on
16 criteria and in a format established by the Department.
17 Such a format shall include, but not be limited to, the
18 age of the missing person and the suspected circumstance
19 of the disappearance.;
20 (3) Notify all law enforcement agencies that
21 reports of missing persons shall be entered as soon as
22 the minimum level of data specified by the Department is
23 available to the reporting agency, and that no waiting
24 period for the entry of the such data exists.;
25 (4) Compile and retain information regarding lost,
26 abducted, missing, or runaway minors in a separate data
27 file, in a manner that allows that such information to be
28 used by law enforcement and other agencies deemed
29 appropriate by the Director, for investigative purposes.
30 The Such information shall include the disposition of all
31 reported lost, abducted, missing, or runaway minor
32 cases.;
33 (5) Compile and maintain an historic data
34 repository relating to lost, abducted, missing, or
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1 runaway minors and other missing persons in order to
2 develop and improve techniques utilized by law
3 enforcement agencies when responding to reports of
4 missing persons.; and
5 (6) Create a quality control program regarding
6 confirmation of missing person data, timeliness of
7 entries of missing person reports into LEADS, and
8 performance audits of all entering agencies.
9 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
10 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
11 (20 ILCS 2605/100-377 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)35) (from Ch. 127, par.
13 55a)
14 Sec. 100-377. Department of Public Aid; LEADS access.
15 35. The Illinois Department of Public Aid is an authorized
16 entity under this Law Section for the purpose of obtaining
17 access to various data repositories available through LEADS,
18 to facilitate the location of individuals for establishing
19 paternity, and establishing, modifying, and enforcing child
20 support obligations, pursuant to the Illinois Public Aid Code
21 and Title IV, Part Section D of the Social Security Act. The
22 Department shall enter into an agreement with the Illinois
23 Department of Public Aid consistent with these purposes.
24 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
25 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
26 (20 ILCS 2605/100-380 new)
27 (was 20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
28 Sec. 100-380. Dental records. 55a-8. The Department of
29 State Police shall do the following:
30 (1) (a) Operate a State central repository for
31 dental records of missing persons and unidentified dead
32 bodies.;
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1 (2) (b) Receive and file dental records submitted by
2 county medical examiners and coroners from unidentified
3 dead bodies and submitted by law enforcement agencies
4 from persons reported missing for more than 30 days.;
5 (3) (c) Provide information from the file on
6 possible identifications resulting from the comparison of
7 dental records submitted with those records on file, to
8 county medical examiners, coroners, and law enforcement
9 agencies.; and
10 (4) (d) Expunge the dental records of those missing
11 persons who are found, and expunge from the file the
12 dental records of missing persons who are positively
13 identified as a result of comparisons made with this file
14 or, the files maintained by other states, territories,
15 insular possessions of the United States, or the United
16 States.
17 (Source: P.A. 84-1308.)
18 (20 ILCS 2605/100-390 new)
19 (was 20 ILCS 2605/55a, subdiv. (A)31) (from Ch. 127, par.
20 55a)
21 Sec. 100-390. Hate crimes. 31.
22 (a) To collect and disseminate information relating to
23 "hate crimes" as defined under Section 12-7.1 of the Criminal
24 Code of 1961 contingent upon the availability of State or
25 federal funds to revise and upgrade the Illinois Uniform
26 Crime Reporting System. All law enforcement agencies shall
27 report monthly to the Department of State Police concerning
28 those such offenses in the such form and in the such manner
29 as may be prescribed by rules and regulations adopted by the
30 Department of State Police. The Such information shall be
31 compiled by the Department and be disseminated upon request
32 to any local law enforcement agency, unit of local
33 government, or State agency. Dissemination of the such
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1 information shall be subject to all confidentiality
2 requirements otherwise imposed by law.
3 (b) The Department of State Police shall provide
4 training for State Police officers in identifying, responding
5 to, and reporting all hate crimes. The Illinois Local
6 Governmental Law Enforcement Officer's Training Board shall
7 develop and certify a course of such training to be made
8 available to local law enforcement officers.
9 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
10 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
11 (20 ILCS 2605/100-400 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)22) (from Ch. 127, par.
13 55a)
14 Sec. 100-400. Fees; State Police Services Fund; audit.
15 22.
16 (a) To charge, collect, and receive fees or moneys
17 equivalent to the cost of providing Department of State
18 Police personnel, equipment, and services to local
19 governmental agencies when explicitly requested by a local
20 governmental agency and pursuant to an intergovernmental
21 agreement as provided by this Law Section, other State
22 agencies, and federal agencies, including but not limited to
23 fees or moneys equivalent to the cost of providing
24 dispatching services, radio and radar repair, and training to
25 local governmental agencies on such terms and conditions that
26 as in the judgment of the Director are in the best interest
27 of the State; and to establish, charge, collect, and receive
28 fees or moneys based on the cost of providing responses to
29 requests for criminal history record information pursuant to
30 positive identification and any Illinois or federal law
31 authorizing access to some aspect of that such information
32 and to prescribe the form and manner for requesting and
33 furnishing the such information to the requestor on such
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1 terms and conditions that as in the judgment of the Director
2 are in the best interest of the State, provided fees for
3 requesting and furnishing criminal history record information
4 may be waived for requests in the due administration of the
5 criminal laws. The Department may also charge, collect, and
6 receive fees or moneys equivalent to the cost of providing
7 electronic data processing lines or related telecommunication
8 services to local governments, but only when those such
9 services can be provided by the Department at a cost less
10 than that experienced by those said local governments through
11 other means. All services provided by the Department shall be
12 conducted pursuant to contracts in accordance with the
13 Intergovernmental Cooperation Act, and all telecommunication
14 services shall be provided pursuant to the provisions of
15 Section 25-270 67.18 of the Department of Central Management
16 Services Law (20 ILCS 405/25-270) this Code.
17 (b) All fees received by the Department of State Police
18 under the Civil Administrative Code of Illinois this Act or
19 the Illinois Uniform Conviction Information Act shall be
20 deposited in a special fund in the State treasury to be known
21 as the State Police Services Fund. The money deposited in the
22 State Police Services Fund shall be appropriated to the
23 Department of State Police for expenses of the Department of
24 State Police.
25 (c) Upon the completion of any audit of the Department
26 of State Police as prescribed by the Illinois State Auditing
27 Act, which audit includes an audit of the State Police
28 Services Fund, the Department of State Police shall make the
29 audit open to inspection by any interested person.
30 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
31 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
32 (20 ILCS 2605/100-405 new)
33 (was 20 ILCS 2605/55a, subdiv. (A)33) (from Ch. 127, par.
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1 55a)
2 Sec. 100-405. Applying for grants or contracts; moneys
3 from other entities. 33. To apply for grants or contracts
4 and, receive, expend, allocate, or disburse funds and moneys
5 made available by public or private entities, including, but
6 not limited to, contracts, bequests, grants, or receiving
7 equipment from corporations, foundations, or public or
8 private institutions of higher learning. All funds received
9 by the Department from these sources shall be deposited into
10 the appropriate fund in the State treasury to be appropriated
11 to the Department for purposes as indicated by the grantor or
12 contractor or, in the case of funds or moneys bequeathed or
13 granted for no specific purpose, for any purpose as deemed
14 appropriate by the Director in administering the
15 responsibilities of the Department.
16 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
17 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
18 (20 ILCS 2605/100-420 new)
19 (was 20 ILCS 2605/55a, subdiv. (A)16) (from Ch. 127, par.
20 55a)
21 Sec. 100-420. Assisting victims and witnesses of gang
22 crime. 16. To assist victims and witnesses in gang crime
23 prosecutions through the administration of funds appropriated
24 from the Gang Violence Victims and Witnesses Fund to the
25 Department. Those Such funds shall be appropriated to the
26 Department and shall only be used to assist victims and
27 witnesses in gang crime prosecutions. The and such assistance
28 may include any of the following:
29 (1) (a) Temporary living costs.;
30 (2) (b) Moving expenses.;
31 (3) (c) Closing costs on the sale of a private
32 residence.;
33 (4) (d) First month's rent.;
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1 (5) (e) Security deposits.;
2 (6) (f) Apartment location assistance.;
3 (7) (g) Other expenses that which the Department
4 considers appropriate.; and
5 (8) (h) Compensation for any loss of or injury to
6 real or personal property resulting from a gang crime to
7 a maximum of $5,000, subject to the following provisions:
8 (A) (1) In the case of loss of property, the
9 amount of compensation shall be measured by the
10 replacement cost of similar or like property that
11 which has been incurred by and that which is
12 substantiated by the property owner.,
13 (B) (2) In the case of injury to property, the
14 amount of compensation shall be measured by the cost
15 of repair incurred and that which can be
16 substantiated by the property owner.,
17 (C) (3) Compensation under this provision is a
18 secondary source of compensation and shall be
19 reduced by any amount the property owner receives
20 from any other source as compensation for the loss
21 or injury, including, but not limited to, personal
22 insurance coverage.,
23 (D) (4) No compensation may be awarded if the
24 property owner was an offender or an accomplice of
25 the offender, or if the award would unjustly benefit
26 the offender or offenders, or an accomplice of the
27 offender or offenders.
28 No victim or witness may receive such assistance under
29 this Section if he or she is not a part of or fails to fully
30 cooperate in the prosecution of gang crime members by law
31 enforcement authorities.
32 The Department shall promulgate any rules necessary for
33 the implementation of this amendatory Act of 1985.
34 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
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1 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
2 (20 ILCS 2605/100-430 new)
3 (was 20 ILCS 2605/55a, subdiv. (A)7) (from Ch. 127, par.
4 55a)
5 Sec. 100-430. Assistance to local law enforcement
6 agencies. 7. To provide, as may be required by law,
7 assistance to local law enforcement agencies through (i) (a)
8 training, management, and consultant services for local law
9 enforcement agencies, and (ii) (b) the pursuit of research
10 and the publication of studies pertaining to local law
11 enforcement activities.
12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
14 (20 ILCS 2605/100-435 new)
15 (was 20 ILCS 2605/55a, subdiv. (A)27) (from Ch. 127, par.
16 55a)
17 Sec. 100-435. Electronic criminal surveillance;
18 assistance to local authorities. 27. To do the following:
19 (1) (a) Promulgate rules pertaining to the
20 certification, revocation of certification, and training
21 of law enforcement officers as electronic criminal
22 surveillance officers.,
23 (2) (b) Provide training and technical assistance
24 to State's Attorneys and local law enforcement agencies
25 pertaining to the interception of private oral
26 communications.,
27 (3) (c) Promulgate rules necessary for the
28 administration of Article 108B of the Code of Criminal
29 Procedure of 1963, including but not limited to standards
30 for recording and minimization of electronic criminal
31 surveillance intercepts, documentation required to be
32 maintained during an intercept, and procedures in
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1 relation to evidence developed by an intercept., and
2 (4) (d) Charge a reasonable fee to each law
3 enforcement agency that sends officers to receive
4 training as electronic criminal surveillance officers.
5 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
6 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
7 (20 ILCS 2605/100-500 new)
8 (was 20 ILCS 2605/55a, subdiv. (A)6) (from Ch. 127, par.
9 55a)
10 Sec. 100-500. Communication activities. 6. To do the
11 following:
12 (1) (a) Acquire and operate one or more radio
13 broadcasting stations in the State to be used for police
14 purposes.,
15 (2) (b) Operate a statewide communications network
16 to gather and disseminate information for law enforcement
17 agencies.,
18 (3) (c) Operate an electronic data processing and
19 computer center for the storage and retrieval of data
20 pertaining to criminal activity., and
21 (4) (d) Undertake such other communication
22 activities that as may be required by law.
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
25 (20 ILCS 2605/100-505 new)
26 (was 20 ILCS 2605/55b) (from Ch. 127, par. 55b)
27 Sec. 100-505. Local citizens radio groups. 55b. The
28 Department of State Police is authorized to use local
29 citizens radio groups in connection with its communication
30 duties under the Civil Administrative Code of Illinois this
31 Act, and to coordinate those such local citizens citizen
32 radio groups with the functions of local law enforcement
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1 agencies as the Department deems advisable. With the
2 approval of the Department, those such local citizens radio
3 groups shall be eligible for law enforcement grants.
4 (Source: P.A. 84-25.)
5 (20 ILCS 2605/100-525 new)
6 (was 20 ILCS 2605/55a, subdiv. (A)13) (from Ch. 127, par.
7 55a)
8 Sec. 100-525. Furlough of inmates to State agencies for
9 research. 13. With the written approval of the Governor, to
10 enter into agreements with other departments created by the
11 Civil Administrative Code of Illinois this Act, for the
12 furlough of inmates of the penitentiary to those such other
13 departments for their use in research programs being
14 conducted by them.
15 For the purpose of participating in those such research
16 projects, the Department may extend the limits of any
17 inmate's place of confinement, when there is reasonable cause
18 to believe that the inmate will honor his or her trust by
19 authorizing the inmate, under prescribed conditions, to leave
20 the confines of the place unaccompanied by a custodial agent
21 of the Department. The Department shall make rules governing
22 (i) the transfer of the inmate to the requesting other
23 department having the approved research project, and (ii) the
24 return of the such inmate to the unextended confines of the
25 penitentiary. The Such transfer shall be made only with the
26 consent of the inmate.
27 The willful failure of a prisoner to remain within the
28 extended limits of his or her confinement or to return within
29 the time or manner prescribed to the place of confinement
30 designated by the Department in granting the such extension
31 shall be deemed an escape from custody of the Department and
32 punishable as provided in Section 3-6-4 of the Unified Code
33 of Corrections.
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1 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
2 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
3 (20 ILCS 2605/100-550 new)
4 (was 20 ILCS 2605/55a, subdiv. (A)12) (from Ch. 127, par.
5 55a)
6 Sec. 100-550. Transfer of realty to State agency;
7 acquisition of federal land. 12. To transfer jurisdiction of
8 any realty title to which is held by the State of Illinois
9 under the control of the Department to any other department
10 of the State government or to the State Employees Housing
11 Commission, or to acquire or accept federal land, when the
12 such transfer, acquisition, or acceptance is advantageous to
13 the State and is approved in writing by the Governor.
14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
16 (20 ILCS 2705/Art. 105 heading new)
17 ARTICLE 105. DEPARTMENT OF TRANSPORTATION
18 (20 ILCS 2705/105-1 new)
19 Sec. 105-1. Article short title. This Article 105 of the
20 Civil Administrative Code of Illinois may be cited as the
21 Department of Transportation Law.
22 (20 ILCS 2705/105-5 new)
23 Sec. 105-5. Definitions. In this Law:
24 "Department" means the Department of Transportation.
25 "Secretary" means the Secretary of Transportation.
26 (20 ILCS 2705/105-10 new)
27 (was 20 ILCS 2705/49, in part) (from Ch. 127, par. 49)
28 Sec. 105-10. Powers, generally. The Department of
29 Transportation has the powers enumerated in the following
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1 Sections 49.01a through 49.31.
2 (Source: P.A. 86-610.)
3 (20 ILCS 2705/105-15 new)
4 (was 20 ILCS 2705/49, in part, and 2705/49.23) (from Ch.
5 127, pars. 49 and 49.23)
6 Sec. 105-15. Administrative organization. (a) 49. The
7 Secretary of the Department of Transportation may create and
8 establish offices, divisions, and administrative units as
9 necessary for the efficient administration and operation of
10 the Department and may assign functions, powers, and duties
11 to the several offices, divisions, and administrative units
12 in the Department.
13 (b) The Department has the power 49.23. to establish the
14 such administrative organization within the Department that
15 as is required to carry out the powers, duties, and functions
16 of the Department and best utilize the personnel, skills,
17 facilities, and resources of the Department and, its offices,
18 divisions, and agencies.
19 (Source: P.A. 77-153; 86-610.)
20 (20 ILCS 2705/105-90 new)
21 (was 20 ILCS 2705/49.31) (from Ch. 127, par. 49.31)
22 Sec. 105-90. Criminal history record information from
23 Department of State Police. 49.31. Whenever the Department is
24 authorized or required by law to consider some aspect of
25 criminal history record information for the purpose of
26 carrying out its statutory powers and responsibilities, then,
27 upon request and payment of fees in conformance with the
28 requirements of subsection 22 of Section 100-400 55a of the
29 Department of State Police Law (20 ILCS 2605/100-400) "The
30 Civil Administrative Code of Illinois", the Department of
31 State Police is authorized to furnish, pursuant to positive
32 identification, the such information contained in State files
-391- LRB9009239DJcd
1 that as is necessary to fulfill the request.
2 (Source: P.A. 86-610.)
3 (20 ILCS 2705/105-100 new)
4 (was 20 ILCS 2705/49.01a) (from Ch. 127, par. 49.01a)
5 Sec. 105-100. Aeronautics; transfer from Department of
6 Aeronautics. The Department has the power 49.01a. to
7 exercise, administer, and enforce, through a Division of
8 Aeronautics, all rights, powers, and duties vested in the
9 Department of Aeronautics by the Illinois Aeronautics Act.
10 The Department has the power "An Act relating to aeronautics
11 and repealing a certain act herein named", approved July 24,
12 1945, as amended, and to regulate and supervise aeronautics
13 in this State and to administer and enforce all laws of this
14 State pertaining to aeronautics.
15 (Source: P.A. 78-479.)
16 (20 ILCS 2705/105-105 new)
17 (was 20 ILCS 2705/49.06a) (from Ch. 127, par. 49.06a)
18 Sec. 105-105. Bridge and ferry operation; transfer from
19 Department of Public Works and Buildings. The Department has
20 the power 49.06a. to exercise, administer, and enforce the
21 rights, powers, and duties vested in the Department of Public
22 Works and Buildings by any law relating to the operation of
23 bridges and ferries.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 2705/105-110 new)
26 (was 20 ILCS 2705/49.07a) (from Ch. 127, par. 49.07a)
27 Sec. 105-110. Motor vehicles; transfer from Department of
28 Public Works and Buildings. The Department has the power
29 49.07a. to exercise, administer, and enforce all rights,
30 powers, and duties vested in the Department of Public Works
31 and Buildings by the "Illinois Vehicle Code," approved
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1 September 29, 1969, as amended or any law relating to motor
2 vehicles.
3 (Source: P.A. 77-153.)
4 (20 ILCS 2705/105-115 new)
5 (was 20 ILCS 2705/49.08a) (from Ch. 127, par. 49.08a)
6 Sec. 105-115. Roads and bridges; transfer from Department
7 of Public Works and Buildings. The Department has the power
8 49.08a. to exercise, administer, and enforce all rights,
9 powers, and duties vested in the Department of Public Works
10 and Buildings by the "Illinois Highway Code", approved June
11 8, 1959, as amended, and any other law relating to roads,
12 streets, and bridges and toll highways.
13 (Source: P.A. 77-153.)
14 (20 ILCS 2705/105-120 new)
15 (was 20 ILCS 2705/49.11) (from Ch. 127, par. 49.11)
16 Sec. 105-120. Transfer of other rights, powers, and
17 duties from Department of Public Works and Buildings. The
18 Department has the power 49.11. to exercise all rights,
19 powers, and duties vested by law in the Department of Public
20 Works and Buildings and in the Director of Public Works and
21 Buildings not otherwise expressly transferred to and vested
22 in another department.
23 (Source: P.A. 77-153.)
24 (20 ILCS 2705/105-125 new)
25 (was 20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
26 Sec. 105-125. Safety inspection of motor vehicles;
27 transfer from various State agencies. The Department has the
28 power 49.22. to administer, exercise, and enforce the rights,
29 powers, and duties presently vested in the Department of
30 State Police and the Division of State Troopers under the
31 "Illinois Vehicle Inspection Law," in the Illinois Commerce
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1 Commission, in the State Board of Education, and in the
2 Secretary of State under laws relating to the safety
3 inspection of motor vehicles operated by common carriers, of
4 school buses, and of motor vehicles used in the
5 transportation of school children and motor vehicles used in
6 driver training schools for hire licensed under Article IV of
7 "the Illinois Driver Licensing Law", or under any other law
8 relating to the safety inspection of motor vehicles of the
9 second division as defined in "the Illinois Vehicle Code".
10 (Source: P.A. 84-25.)
11 (20 ILCS 2705/105-175 new)
12 (was 20 ILCS 2705/49.24) (from Ch. 127, par. 49.24)
13 Sec. 105-175. State employees; effect of transfer to
14 Department. 49.24. The transfer to the Department of
15 Transportation of employees of the Department of Public Works
16 and Buildings, or of any other department, office, or agency
17 of the State, shall not affect the status of those such
18 employees under civil service, merit service, the "Personnel
19 Code", or other laws relating to State employees.
20 (Source: P.A. 77-153.)
21 (20 ILCS 2705/105-200 new)
22 (was 20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
23 Sec. 105-200. 49.16. Master plan; reporting
24 requirements.
25 (a) The Department has the power to develop and maintain
26 a continuing, comprehensive, and integrated planning process
27 that which shall develop and periodically revise a statewide
28 master plan for transportation to guide program development
29 and to foster efficient and economical transportation
30 services in ground, air, water, and all other modes of
31 transportation throughout the State. The Department shall
32 coordinate its transportation planning activities with those
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1 of other State agencies and authorities, and shall supervise
2 and review any transportation planning performed by other
3 Executive agencies under the direction of the Governor. The
4 Department shall cooperate and participate with federal,
5 regional, interstate, State, and local agencies, in
6 accordance with Sections 5-301 and 7-301 of the Illinois
7 Highway Code, and with interested private individuals and
8 organizations, in the coordination of plans and policies for
9 development of the state's transportation system.
10 To meet the provisions of this Section, the Department
11 shall publish and deliver to the Governor and General
12 Assembly by January 1, 1982 and every 2 years thereafter, its
13 master plan for highway, waterway, aeronautic, mass
14 transportation, and railroad systems. The plan shall
15 identify priority subsystems or components of each system
16 that which are critical to the economic and general welfare
17 of the State regardless of public jurisdictional
18 responsibility or private ownership.
19 The master plan shall provide particular emphasis and
20 detail of the 5 year period in the immediate future.
21 Annual and 5 year project programs for each State system
22 in this Section shall be published and furnished the General
23 Assembly on the first Wednesday in April of each year.
24 Identified needs included in the project programs shall
25 be listed and mapped in a distinctive fashion to clearly
26 identify the priority status of the projects: (1) projects to
27 be committed for execution; (2) tentative projects that which
28 are dependent upon funding or other constraints; and (3)
29 needed projects that which are not programmed due to lack of
30 funding or other constraints.
31 All projects shall be related to the priority systems of
32 the master plan, and the priority criteria identified. Cost
33 and estimated completion dates shall be included for work
34 required to complete a useable segment or component beyond
-395- LRB9009239DJcd
1 the 5 year period of the program.
2 (b) The Department shall publish and deliver to the
3 Governor and General Assembly on the first Wednesday in April
4 of each year a 5-year Highway Improvement Program reporting
5 the number of fiscal years each project has been on previous
6 5-year plans submitted by the Department.
7 (c) The Department shall publish and deliver to the
8 Governor and the General Assembly by November 1 of each year
9 a For the Record report that shall include the following:
10 (1) All the projects accomplished in the previous
11 fiscal year listed by each Illinois Department of
12 Transportation District.; and
13 (2) The award cost and the beginning dates of each
14 listed project.
15 (Source: P.A. 90-277, eff. 1-1-98.)
16 (20 ILCS 2705/105-205 new)
17 (was 20 ILCS 2705/49.21) (from Ch. 127, par. 49.21)
18 Sec. 105-205. Study of demand for transportation. The
19 Department has the power, 49.21. in cooperation with State
20 universities and other research oriented institutions, to
21 study the extent and nature of the demand for transportation
22 and to collect and assemble information regarding the most
23 feasible, technical and socio-economic solutions for meeting
24 that demand and the costs thereof. The Department has the
25 power to report to the Governor and the General Assembly, by
26 February 15 of each odd-numbered year, the results of the
27 such study and recommendations based on the study thereon.
28 The requirement for reporting to the General Assembly
29 shall be satisfied by filing copies of the report with the
30 Speaker, the Minority Leader, and the Clerk of the House of
31 Representatives and the President, the Minority Leader, and
32 the Secretary of the Senate and the Legislative Research
33 Unit, as required by Section 3.1 of "An Act to revise the law
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1 in relation to the General Assembly Organization Act",
2 approved February 25, 1874, as amended, and by filing such
3 additional copies with the State Government Report
4 Distribution Center for the General Assembly as is required
5 under paragraph (t) of Section 7 of the State Library Act.
6 (Source: P.A. 84-1438.)
7 (20 ILCS 2705/105-210 new)
8 (was 20 ILCS 2705/49.15) (from Ch. 127, par. 49.15)
9 Sec. 105-210. Traffic control and prevention of
10 accidents. The Department has the power 49.15. to develop,
11 consolidate, and coordinate effective programs and activities
12 for the advancement of driver education, for the facilitation
13 of the movement of motor vehicle traffic, and for the
14 protection and conservation of life and property on the
15 streets and highways of this State and to advise, recommend,
16 and consult with the several departments, divisions, boards,
17 commissions, and other agencies of this State in regard to
18 those such programs and activities. The Department has the
19 power and to aid and assist the counties, cities, towns, and
20 other political subdivisions of this State in the control of
21 traffic and the prevention of traffic accidents. That Such
22 aid and assistance to counties, cities, towns, and other
23 political subdivisions of this State shall include assistance
24 with regard to planning, traffic flow, light synchronizing,
25 preferential lanes for carpools, and carpool parking
26 allocations.
27 (Source: P.A. 80-1016.)
28 (20 ILCS 2705/105-215 new)
29 (was 20 ILCS 2705/49.27) (from Ch. 127, par. 49.27)
30 Sec. 105-215. 49.27. Cooperative utilization of equipment
31 and services of governmental entities and not-for-profit
32 organizations for the transportation needs in public service
-397- LRB9009239DJcd
1 programs.
2 (a) The Department is directed to encourage and assist
3 governmental entities, not-for-profit corporations, and
4 nonprofit community service associations, between or among
5 themselves, in the development of reasonable utilization of
6 transportation equipment and operational service in
7 satisfying the general and specialized public transportation
8 needs.
9 The Department shall develop and encourage cooperative
10 development, among all entities, of programs promoting
11 efficient service and, conservation of capital investment and
12 energy; and shall assist all entities in achieving their
13 goals and in their applications for transportation grants
14 under appropriate State or federal programs.
15 (b) Implementation of cooperative programs is to be
16 developed within the meaning of the provisions of the
17 "Intergovernmental Cooperation Act", approved October 1,
18 1973, as amended. In the circumstances of nongovernmental
19 entities, the Department shall be guided by that such Act and
20 any other State law in encouraging the such cooperative
21 programs between those such entities.
22 (c) The Department shall report to the members of the
23 General Assembly, by March 1 of each year, its successes,
24 failures and progress in achieving the intent of this
25 Section. The report shall also include identification of
26 problems as well as the Department's its recommendations.
27 (Source: P.A. 81-1404.)
28 (20 ILCS 2705/105-225 new)
29 (was 20 ILCS 2705/49.02a) (from Ch. 127, par. 49.02a)
30 Sec. 105-225. Air transportation for State officers and
31 employees. 49.02a. The Department of Transportation may
32 provide air transportation for officers and employees of the
33 offices, departments, and agencies of the State government,
-398- LRB9009239DJcd
1 and charge the such office, department, or agency for that
2 such transportation. Charges for the such transportation
3 shall not exceed the expenses incurred and costs involved in
4 providing air transportation, and may include expenses for
5 equipment, personnel, and operational expenses.
6 All requests for air transportation shall be made in
7 writing and shall be signed by the executive officer or
8 employee of the office, department, or agency.
9 Except as provided herein, all requests shall be filled
10 in the following priority: (1) the Governor, (2) the
11 Lieutenant Governor, (3) the legislative leaders of the
12 General Assembly, specifically, the President and minority
13 leader of the Senate and the Speaker and minority leader of
14 the House of Representatives, (4) the Judges of the Supreme
15 Court, (5) the Attorney General, (6) the Secretary of State,
16 (7) the Comptroller, (8) the Treasurer, (9) other members of
17 the General Assembly; and thereafter as provided by the
18 Department of Transportation.
19 (Source: P.A. 84-994; 84-1101.)
20 (20 ILCS 2705/105-240 new)
21 (was 20 ILCS 2705/49.17) (from Ch. 127, par. 49.17)
22 Sec. 105-240. Grants for capital assistance. The
23 Department has the power 49.17. to administer the allocation
24 of State monies appropriated as grants for capital assistance
25 purposes in the manner prescribed by law. No transportation
26 program administered by any other Executive agency under the
27 direction of the Governor or project undertaken thereunder
28 shall be eligible for capital assistance from the State until
29 that such program and project have been approved by the
30 Department.
31 (Source: P.A. 77-153.)
32 (20 ILCS 2705/105-245 new)
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1 (was 20 ILCS 2705/49.20) (from Ch. 127, par. 49.20)
2 Sec. 105-245. Inspection of property and records of
3 applicants for and recipients of assistance. 49.20. The
4 Department at reasonable times may inspect the property and
5 examine the books, records, and other information relating to
6 the nature or adequacy of services, facilities, or equipment
7 of any municipality, district, or carrier that which is
8 receiving or has applied for assistance under this Law Act.
9 It may conduct investigations and hold hearings within or
10 without the State. This Section shall not affect the
11 regulatory power of any other State or local agency with
12 respect to transportation rates and services. Annual
13 statements of assets, revenues, and expenses and annual audit
14 reports shall be submitted to the Department by each
15 municipality, district, or carrier receiving or applying for
16 capital assistance from the State.
17 (Source: P.A. 77-153.)
18 (20 ILCS 2705/105-255 new)
19 (was 20 ILCS 2705/49.14) (from Ch. 127, par. 49.14)
20 Sec. 105-255. Appropriations from Build Illinois Bond
21 Fund and Build Illinois Purposes Fund. 49.14. Any expenditure
22 of funds by the Department for interchanges, for access roads
23 to and from any State or local highway in Illinois, or for
24 other transportation capital improvements related to an
25 economic development project pursuant to appropriations to
26 the Department from the Build Illinois Bond Fund and the
27 Build Illinois Purposes Fund shall be used for funding
28 improvements related to existing or planned scientific,
29 research, manufacturing, or industrial development or
30 expansion in Illinois. In addition, the Department may use
31 those such funds to encourage and maximize public and private
32 participation in those such improvements. The Department
33 shall consult with the Department of Commerce and Community
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1 Affairs prior to expending any funds for those such purposes
2 pursuant to appropriations from the Build Illinois Bond Fund
3 and the Build Illinois Purposes Fund.
4 (Source: P.A. 84-109.)
5 (20 ILCS 2705/105-265 new)
6 (was 20 ILCS 2705/49.33)
7 Sec. 105-265. 49.33. Use of coal combustion by-products.
8 The Department shall, where economically feasible and safe,
9 foster the use of coal combustion by-products by specifying
10 usage of these by-products in road building materials and by
11 developing and including specifications for their use in
12 beds, fills, backfills, trenches, and embankments.
13 (Source: P.A. 89-93, eff. 7-6-95.)
14 (20 ILCS 2705/105-275 new)
15 (was 20 ILCS 2705/49.25j) (from Ch. 127, par. 49.25j)
16 Sec. 105-275. Grants for airport facilities. 49.25j. The
17 Department may make grants to municipalities and airport
18 authorities for the renovation, construction, and development
19 of airport facilities. The Such grants may be made from funds
20 appropriated for that such purpose from the Build Illinois
21 Bond Fund or the Build Illinois Purposes Fund, created by the
22 84th General Assembly.
23 (Source: P.A. 84-109.)
24 (20 ILCS 2705/105-285 new)
25 (was 20 ILCS 2705/49.06b) (from Ch. 127, par. 49.06b)
26 Sec. 105-285. Ports and waterways. The Department has the
27 power 49.06b. to undertake port and waterway development
28 planning and studies of port and waterway development
29 problems and to provide technical assistance to port
30 districts and units of local government in connection with
31 port and waterway development activities. The Department may
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1 provide financial assistance for the ordinary and contingent
2 expenses of port districts upon the such terms and conditions
3 that as the Department finds necessary to aid in the
4 development of those such districts.
5 The Department shall coordinate all its activities under
6 this Section with the Department of Commerce and Community
7 Affairs.
8 (Source: P.A. 81-1509.)
9 (20 ILCS 2705/105-300 new)
10 (was 20 ILCS 2705/49.18) (from Ch. 127, par. 49.18)
11 Sec. 105-300. 49.18. Powers concerning mass
12 transportation. The Department has the power to do the
13 following:
14 (1) To Advise and assist the Governor and the General
15 Assembly in formulating (i) (a) a mass transportation policy
16 for the State_, (ii); (b) proposals designed to help meet and
17 resolve special problems of mass transportation within the
18 State,; and (iii) (c) programs of assistance for the
19 comprehensive planning, development, and administration of
20 mass transportation facilities and services.;
21 (2) To Appear and participate in proceedings before any
22 federal, State, or local regulatory agency involving or
23 affecting mass transportation in the State.;
24 (3) To Study mass transportation problems and provide
25 technical assistance to units of local government.;
26 (4) To Encourage experimentation in developing new mass
27 transportation facilities and services.;
28 (5) To Recommend policies, programs, and actions
29 designed to improve utilization of mass transportation
30 services.;
31 (6) To Cooperate with mass transit districts and
32 systems, local governments, and other State agencies in
33 meeting those problems of air, noise, and water pollution
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1 associated with transportation.;
2 (7) To Participate fully in a statewide effort to
3 improve transport safety.;
4 (8) To Conduct by contract or otherwise technical
5 studies, and demonstration and development projects which
6 shall be designed to test and develop methods for increasing
7 public use of mass transportation and for providing mass
8 transportation in an efficient, coordinated, and convenient
9 manner.;
10 (9) To Make applications for, to receive, and to make
11 use of grants for mass transportation.;
12 (10) To Make grants for mass transportation from the
13 Transportation Fund pursuant to the standards and procedures
14 of Sections 105-305 49.19 and 105-310 49.19a.
15 (Source: P.A. 81-1464.)
16 (20 ILCS 2705/105-305 new)
17 (was 20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
18 Sec. 105-305. 49.19. Grants for mass transportation.
19 (a) (1) For the purpose of mass transportation grants and
20 contracts, the following definitions apply:
21 (a) "Mass Transportation" means transportation provided
22 within the State of Illinois by rail, bus, or other
23 conveyance, available to the general public on a regular and
24 continuing basis including the transportation of handicapped
25 or elderly persons as provided more specifically in Section
26 49.19a of this Act.
27 (b)"Carrier" means any corporation, authority,
28 partnership, association, person, or district authorized to
29 provide mass transportation within the State.
30 (c) "Facilities" comprise all real and personal property
31 used in or appurtenant to a mass transportation system,
32 including parking lots.
33 (d) "Municipality" means any city, village, or
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1 incorporated town
2 (e) "District" means all of the following:
3 (i) Any district created pursuant to the "Local
4 Mass Transit District Act.", approved July 21, 1959, as
5 amended;
6 (ii) The Authority created pursuant to the
7 "Metropolitan Transit Authority Act.", approved April 12,
8 1945, as amended;
9 (iii) Any authority, commission, or other entity
10 that which by virtue of an interstate compact approved by
11 Congress is authorized to provide mass transportation.;
12 (iv) The Authority created pursuant to the
13 "Regional Transportation Authority Act".
14 "Facilities" comprise all real and personal property used
15 in or appurtenant to a mass transportation system, including
16 parking lots.
17 "Mass transportation" means transportation provided
18 within the State of Illinois by rail, bus, or other
19 conveyance and available to the general public on a regular
20 and continuing basis, including the transportation of
21 handicapped or elderly persons as provided more specifically
22 in Section 105-310.
23 "Municipality" means any city, village, or incorporated
24 town.
25 (b) (2) Grants may be made to municipalities, districts,
26 and carriers for the acquisition, construction, extension,
27 reconstruction, and improvement of mass transportation
28 facilities. Grants shall be made upon the such terms and
29 conditions that as in the judgment of the Secretary are
30 necessary to ensure their proper and effective utilization.
31 (c) (3) The Department shall make grants under this Law
32 Act in a manner designed, so far as is consistent with the
33 maintenance and development of a sound mass transportation
34 system within the State, to: (i) (a) maximize federal funds
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1 for the assistance of mass transportation in Illinois under
2 the Urban Mass Transportation Act of 1964, as amended, and
3 other federal Acts; (ii) (b) facilitate the movement of
4 persons who because of age, economic circumstance, or
5 physical infirmity are unable to drive; (iii) (c) contribute
6 to an improved environment through the reduction of air,
7 water, and noise pollution; and (iv) (d) reduce traffic
8 congestion.
9 (d) (4) The Secretary shall establish procedures for
10 making application for mass transportation grants. The Such
11 procedures shall provide for public notice of all
12 applications and give reasonable opportunity for the
13 submission of comments and objections by interested parties.
14 The procedures shall be designed with a view to facilitating
15 simultaneous application for a grant to the Department and to
16 the federal government.
17 (e) (5) Grants may be made for mass transportation
18 projects as follows:
19 (1) (a) In an amount not to exceed 100% of the
20 nonfederal share of projects for which a federal grant is
21 made.;
22 (2) (b) In an amount not to exceed 100% of the net
23 project cost for projects for which a federal grant is
24 not made.;
25 (3) (c) In an amount not to exceed five-sixths of
26 the net project cost for projects essential for the
27 maintenance of a sound transportation system and eligible
28 for federal assistance for which a federal grant
29 application has been made but a federal grant has been
30 delayed. If and when a federal grant is made, the amount
31 in excess of the nonfederal share shall be promptly
32 returned to the Department.
33 In no event shall the Department make a grant that which,
34 together with any federal funds or funds from any other
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1 source, is in excess of 100% of the net project cost.
2 (f) (6) Regardless of whether any funds are available
3 under a federal grant, the Department shall not make a mass
4 transportation grant unless the Secretary finds that the
5 recipient has entered into an agreement with the Department
6 in which the recipient agrees not to engage in school bus
7 operations exclusively for the transportation of students and
8 school personnel in competition with private school bus
9 operators where those such private school bus operators are
10 able to provide adequate transportation, at reasonable rates,
11 in conformance with applicable safety standards, provided
12 that this requirement shall not apply to a recipient that
13 which operates a school system in the area to be served and
14 operates a separate and exclusive school bus program for the
15 school system.
16 (g) (7) Grants may be made for mass transportation
17 purposes with funds appropriated from the Build Illinois Bond
18 Fund or the Build Illinois Purposes Fund, created by the 84th
19 General Assembly, consistent with the specific purposes for
20 which those such funds are appropriated by the General
21 Assembly. Grants under this subsection (g) (7) are not
22 subject to any limitations or conditions imposed upon grants
23 by any other provision of this Section, except that the
24 Secretary may impose the such terms and conditions that as in
25 his or her judgment are necessary to ensure the proper and
26 effective utilization of the grants under this subsection.
27 (h) (8) The Department may let contracts for mass
28 transportation purposes and facilities for the purpose of
29 reducing urban congestion funded in whole or in part with
30 bonds described in subdivision subsection (b)(1) of Section 4
31 of the General Obligation Bond Act, not to exceed $75,000,000
32 in bonds.
33 (i) (9) The Department may make grants to carriers,
34 districts, and municipalities for the purpose of reimbursing
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1 them for providing reduced fares for mass transportation
2 services for students, handicapped persons and the elderly.
3 Grants shall be made upon the such terms and conditions that
4 as in the judgment of the Secretary are necessary to ensure
5 their proper and effective utilization.
6 (Source: P.A. 86-16.)
7 (20 ILCS 2705/105-310 new)
8 (was 20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
9 Sec. 105-310. 49.19a. Grants for transportation for
10 handicapped persons.
11 (a) (1) For the purposes of this Section, the following
12 definitions apply:
13 (a) "Carrier" means a district or a not for profit
14 corporation providing mass transportation for handicapped
15 persons on a regular and continuing basis.
16 (b) "Municipality", "district" and "facilities" have the
17 meanings ascribed to them in Section 49.19.
18 (c) "Handicapped person" means any individual who, by
19 reason of illness, injury, age, congenital malfunction, or
20 other permanent or temporary incapacity or disability, is
21 unable without special mass transportation facilities or
22 special planning or design to utilize ordinary mass
23 transportation facilities and services as effectively as
24 persons who are not so affected.
25 "District", "facilities", and "municipality" have the
26 meanings ascribed to them in Section 105-305.
27 (b) (2) The Department may make grants from the
28 Transportation Fund and the General Revenue Fund to
29 municipalities, districts, and carriers for the acquisition,
30 construction, extension, reconstruction, and improvement of
31 mass transportation facilities for handicapped persons, and,
32 during State fiscal years 1986 and 1987, to the Regional
33 Transportation Authority for operating assistance for mass
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1 transportation for mobility limited handicapped persons,
2 including paratransit services for the mobility limited. The
3 Such grants shall be made upon the such terms and conditions
4 that as in the judgment of the Secretary are necessary to
5 ensure their proper and effective utilization. The
6 procedures, limitations, and safeguards provided in Section
7 105-305 49.19 of this Act to govern grants for mass
8 transportation shall apply to grants made under this Section.
9 For the efficient administration of grants, the
10 Department, on behalf of not for profit corporations
11 receiving grants under this Section and on behalf of
12 recipients receiving funds under Section 18 of the federal
13 Urban Mass Transportation Act, may administer and consolidate
14 procurements and may enter into contracts with manufacturers
15 of vehicles and equipment.
16 (c) (3) The Department may make operating assistance
17 grants from the Transportation Fund to those carriers that,
18 during federal fiscal year 1986, directly received operating
19 assistance pursuant to Section 9 or Section 18 of the federal
20 Urban Mass Transportation Act, or under contracts with a
21 county, municipality, or mass transit district that received
22 operating expenses under Section 9 or Section 18 of the Urban
23 Mass Transportation Act, to provide public paratransit
24 services to the general mobility limited population. The
25 Secretary shall take into consideration the reduction in
26 federal operating expense grants to carriers when considering
27 the such grant applications. The procedures, limitations,
28 and safeguards provided in Section 105-305 49.19 of this Act
29 to govern grants for mass transportation shall apply to
30 grants made under this Section.
31 (Source: P.A. 86-16.)
32 (20 ILCS 2705/105-315 new)
33 (was 20 ILCS 2705/49.19b) (from Ch. 127, par. 49.19b)
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1 Sec. 105-315. 49.19b. Grants for passenger security. The
2 Department may make grants from the Transportation Fund and
3 the General Revenue Fund to the Regional Transportation
4 Authority created under the Regional Transportation Authority
5 Act to be used to provide protection against crime for the
6 consumers of public transportation, and for the employees and
7 facilities of public transportation providers, in the
8 metropolitan region. The Such grants may be used (1) to
9 provide that such protection directly, or (2) to contract
10 with any municipality or county in the metropolitan region to
11 provide that such protection, or (3) except for the Chicago
12 Transit Authority created under the Metropolitan Transit
13 Authority Act, to contract with a private security agency to
14 provide that such protection.
15 The Such grants shall be made upon the such terms and
16 conditions that as in the judgment of the Secretary are
17 necessary to ensure their proper and effective utilization.
18 The procedures provided in Section 105-305 49.19 of this Act
19 to govern grants for mass transportation shall apply to
20 grants made under this Section.
21 (Source: P.A. 84-1246.)
22 (20 ILCS 2705/105-350 new)
23 (was 20 ILCS 2705/49.26) (from Ch. 127, par. 49.26)
24 Sec. 105-350. 49.26. Intercity bus service assistance.
25 For the purposes of providing intercity bus passenger service
26 and the promotion of an efficient intercity bus passenger
27 system within this State as authorized by Section 22 of the
28 "Urban Mass Transportation Act of 1964", as amended, the
29 Department is authorized to enter into agreements with any
30 carrier. The cost related to the such services shall be borne
31 in the such proportion that as, by agreement or contract, the
32 parties may determine; provided, however, that no State
33 monies shall be expended for those such purposes.
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1 (Source: P.A. 81-326.)
2 (20 ILCS 2705/105-375 new)
3 (was 20 ILCS 2705/49.34)
4 Sec. 105-375. 49.34. The Meigs Users Advisory Committee.
5 (a) The Meigs Users Advisory Committee is hereby
6 created. The Meigs Users Advisory Committee shall be
7 composed of the following members: (i) 4 members appointed by
8 the Governor with the advice and consent of the Senate, 2 of
9 whom shall have extensive knowledge of business and corporate
10 aviation and 2 of whom shall have extensive knowledge of
11 general aviation; (ii) 4 members appointed by the Mayor of
12 the City of Chicago, all of whom shall have extensive
13 knowledge of general aviation; (iii) 4 members of the General
14 Assembly, one each appointed by the President of the Senate,
15 the Speaker of the House, the Minority Leader of the Senate,
16 and the Minority Leader of the House; and (iv) the Secretary
17 of Transportation or his or her designee, who shall serve as
18 Chairperson. The members appointed by the Governor and the
19 Mayor shall be users of Meigs Field.
20 (b) (1) The Secretary of Transportation or his or her
21 designee shall serve during the Secretary's term of
22 office.
23 (2) Members of the committee appointed under
24 subdivision (a)(iii) shall serve for their terms of
25 office, except that no such appointment shall be for a
26 term of more than 3 years. If a committee member who was
27 appointed under subdivision (a)(iii) ceases to be a
28 member of the chamber of the General Assembly from which
29 the member was appointed, he or she shall be replaced in
30 accordance with the method for filling vacancies.
31 (3) The initial members of the committee who are
32 appointed by the Mayor of the City of Chicago shall be
33 appointed as follows: one shall be appointed for a term
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1 of one year, 2 shall be appointed for terms of 2 years,
2 and one shall be appointed for a term of 3 years. After
3 the expiration of the initial terms, all members of the
4 committee who are appointed by the Mayor of the City of
5 Chicago shall be appointed for terms of 3 years.
6 (4) The initial members of the committee who are
7 appointed by the Governor shall be appointed as follows:
8 one shall be appointed for a term of one year, one shall
9 be appointed for a term of 2 years, and 2 shall be
10 appointed for terms of 3 years. After the expiration of
11 the initial terms, all members of the committee who are
12 appointed by the Governor shall be appointed for terms of
13 3 years.
14 (5) Any member of the committee is eligible for
15 reappointment unless he or she no longer meets the
16 applicable qualifications. All members appointed to serve
17 on the committee shall serve until their respective
18 successors are appointed and confirmed. Vacancies shall
19 be filled in the same manner as original appointments.
20 (6) If a vacancy in membership under subdivision
21 (a)(i) occurs at a time when the Senate is not in
22 session, the Governor shall make a temporary appointment
23 until the next meeting of the Senate, when he or she
24 shall appoint, by and with the advice and consent of the
25 Senate, a person to fill that membership for the
26 unexpired term. If the Senate is not in session when the
27 initial appointments are made, those appointments shall
28 be made as in the case of vacancies.
29 (7) The committee shall be deemed established on
30 the date that a majority of the total number of members
31 has been appointed, regardless of whether any of those
32 initial members are then serving pursuant to appointment
33 and confirmation or pursuant to temporary appointments
34 that are made by the Governor as in the case of
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1 vacancies.
2 (c) The Committee shall have the power to inspect all
3 books, records, contracts, financial data, agreements, and
4 documents relating to the operation and maintenance of Meigs
5 Field, including, without limitation, as-built plans for all
6 buildings, runways, taxiways, and aprons, the control tower,
7 terminal, and all related facilities, all security
8 agreements, fire protection agreements, airline agreements,
9 FOB agreements, concessionaire agreements, rental/lease
10 agreements, service agreements, financial data and budget
11 reports including revenues and expenditures, and any and all
12 studies or plans regarding the land use of Meigs Field.
13 (d) The chairperson shall give notice to the members of
14 the time and place for every meeting. The members of the
15 committee shall receive no compensation or reimbursement of
16 expenses in the performance of their duties. The Committee
17 shall review and hold public hearings on any proposals or
18 actions affecting the operation of Meigs Field. The
19 Committee shall issue recommendations to the Governor, the
20 Mayor of the City of Chicago, and the General Assembly with
21 regard to these proposals or actions and any other matters
22 concerning the operation of Meigs Field.
23 (Source: P.A. 90-6, eff. 6-3-97.)
24 (20 ILCS 2705/105-400 new)
25 (was 20 ILCS 2705/49.25a) (from Ch. 127, par. 49.25a)
26 Sec. 105-400. 49.25a. Authorization concerning rail
27 assistance funds. The Department is hereby authorized to
28 exercise those powers necessary for the State to qualify for
29 rail assistance funds pursuant to the provisions of the
30 federal Regional Rail Reorganization Act of 1973, the
31 Railroad Revitalization and Regulatory Reform Act of 1976, as
32 amended, or other relevant federal or State legislation,
33 including but not limited to authority to do the following:
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1 (1) to Establish a State plan for rail transportation
2 and local rail services, including projects funded under
3 Section 105-435. 49.25g-1;
4 (2) to Administer and coordinate the State plan.;
5 (3) to Provide in the plan for the equitable
6 distribution of federal rail assistance funds among State,
7 local, and regional transportation authorities.;
8 (4) to Develop or assist the development of local or
9 regional rail plans.;
10 (5) to Promote, supervise, and support safe, adequate,
11 and efficient rail services in accordance with the provisions
12 and limitations of Public this amendatory Act 79-834.;
13 (6) to Employ sufficient trained and qualified personnel
14 for these purposes.;
15 (7) to Maintain, in accordance with the provisions and
16 limitations of Public this amendatory Act 79-834, adequate
17 programs of investigation, research, promotion, and
18 development in connection with these such purposes and to
19 provide for public hearings.;
20 (8) to Provide satisfactory assurances on behalf of the
21 State that such fiscal control and fund accounting procedures
22 will be adopted by the State that as may be necessary to
23 ensure assure proper disbursement of and account for federal
24 funds paid to the State as rail assistance.;
25 (9) to Comply with the regulations of the Secretary of
26 Transportation of the United States Department of
27 Transportation affecting federal rail assistance funds.;
28 (10) to Review all impending rail abandonments and to
29 provide its recommendations on those abandonments thereon to
30 the Interstate Commerce Commission.
31 (Source: P.A. 84-111; 84-292.)
32 (20 ILCS 2705/105-405 new)
33 (was 20 ILCS 2705/49.25b) (from Ch. 127, par. 49.25b)
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1 Sec. 105-405. Preparation of State Rail Plan. 49.25b. In
2 preparation of the State Rail Plan under Section 105-400
3 49.25a, the Department shall consult with recognized railroad
4 labor organizations, the Department of Commerce and Community
5 Affairs, railroad management, affected units of local
6 government, affected State agencies, and affected shipping
7 interests.
8 (Source: P.A. 84-111; 84-292.)
9 (20 ILCS 2705/105-410 new)
10 (was 20 ILCS 2705/49.25c) (from Ch. 127, par. 49.25c)
11 Sec. 105-410. 49.25c. Access to information. The
12 Secretary of the Department may authorize any of the
13 Department's its officers, employees, or agents to enter
14 upon, inspect, and examine, at reasonable times and in a
15 reasonable manner, the books, documents, records, equipment,
16 and property of and to request information kept in the
17 ordinary course of business from any railroad to the extent
18 necessary to carry out the powers enumerated in Sections
19 105-400 49.25a through 105-445 49.25i. Railroads operating
20 within the State shall provide access to those such books,
21 documents, records, equipment, and property and shall provide
22 the such information kept in the ordinary course of business
23 that as the Department may request. Should any railroad fail
24 or refuse to provide that such access or information, the
25 Secretary of the Department is hereby granted subpoena power
26 to obtain that such access and to require the production of
27 that such information. The Department shall pay the
28 reasonable costs associated with providing any such
29 information that which is not otherwise already required by
30 law. Any officer, employee, or agent of the Department
31 exercising the powers granted by this Section shall, upon
32 request, display proper credentials. The Department shall
33 exercise all necessary caution to avoid disclosure of
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1 confidential information supplied under this Section.
2 (Source: P.A. 80-32.)
3 (20 ILCS 2705/105-415 new)
4 (was 20 ILCS 2705/49.25d) (from Ch. 127, par. 49.25d)
5 Sec. 105-415. State Rail Plan; responsibilities of other
6 agencies. 49.25d. The State Rail Plan, in its provisions
7 concerning requiring supervision of safety aspects and other
8 railroad matters, shall not abrogate the present statutory
9 responsibilities of the Illinois Commerce Commission and
10 shall meet the requirements of the "Federal Railroad Safety
11 Act of 1970", as amended. Nothing herein shall provide for
12 or effect the transfer of responsibilities between State
13 agencies.
14 (Source: P.A. 79-834.)
15 (20 ILCS 2705/105-420 new)
16 (was 20 ILCS 2705/49.25e) (from Ch. 127, par. 49.25e)
17 Sec. 105-420. Copies of State Rail Plan; report. 49.25e.
18 The Department shall provide copies of the State Rail Plan to
19 the President of the Senate, the Senate Minority Leader, the
20 Speaker of the House, and the House Minority Leader prior to
21 submitting the Plan to the federal government. The
22 Department shall also so provide, by October 15, 1975, a
23 report including its findings concerning the extent, nature,
24 and proposed use of federal aid available and its
25 recommendations concerning the source and extent of
26 non-federal assistance, both during the period in which
27 federal assistance is available and thereafter.
28 (Source: P.A. 79-834.)
29 (20 ILCS 2705/105-425 new)
30 (was 20 ILCS 2705/49.25f) (from Ch. 127, par. 49.25f)
31 Sec. 105-425. Rail freight services assistance; loans;
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1 Rail Freight Loan Repayment Fund. 49.25f. No funds available
2 for operating or capital assistance under Section 5 of the
3 United States Department of Transportation Act, as amended,
4 for rail freight services in Illinois may be expended without
5 specific appropriation of those funds thereof.
6 Reimbursements for those loans that which financially
7 responsible persons are required by agreement to repay shall
8 be deposited in the State treasury as follows: (1) the
9 State's share shall be deposited in the fund from which the
10 original expenditure was made, and (2) the federal share
11 shall be deposited in the Rail Freight Loan Repayment Fund.
12 In the case of repaid funds deposited in the Rail Freight
13 Loan Repayment Fund, the Department shall have the reuse of
14 those funds and the interest accrued thereon, which shall
15 also be deposited by the State Treasurer in that such Fund,
16 as the federal share in other eligible projects. However, no
17 expenditures from the Rail Freight Loan Repayment Fund for
18 those such projects shall at any time exceed the total sum of
19 funds repaid and deposited in the Rail Freight Loan Repayment
20 Fund and interest earned by investment by the State Treasurer
21 that which the State Treasurer shall have deposited in that
22 fund.
23 (Source: P.A. 83-1301.)
24 (20 ILCS 2705/105-430 new)
25 (was 20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g)
26 Sec. 105-430. 49.25g. Railroad freight service
27 assistance; lines designated for discontinuation of service
28 or subject to abandonment. The Department shall enter into
29 such agreements with any railroad as necessary to provide
30 assistance for continuous freight service on lines of
31 railroads within Illinois designated for discontinuation of
32 service by the United States Railway Association Final System
33 Plan and not conveyed to a railroad company other than
-416- LRB9009239DJcd
1 Consolidated Rail Corporation. The Department may enter into
2 such agreements with any railroad as necessary to provide
3 assistance for continuous rail freight service on lines of
4 railroads within Illinois subject to an abandonment
5 proceeding in the Interstate Commerce Commission or
6 classified as potentially subject to abandonment pursuant to
7 Sections 10903 through 10905 of Title 49 of the United States
8 Code or upon which a certificate of discontinuance or
9 abandonment has been issued. The Department shall make rail
10 continuation subsidy payments pursuant to the such
11 agreements. The Such agreements shall provide for a minimum
12 level of service at least equivalent to that provided in
13 calendar year 1975. The Such agreements shall conform to
14 relevant federal law. The Department shall determine that
15 all payments under this Section are eligible for federal
16 share reimbursement.
17 Any nonfederal share of the assistance provided under
18 this Section shall be provided by the Department. The State
19 share may include funds, grants, gifts, or donations from the
20 federal government, any local public body, or any person.
21 Reimbursements shall be deposited in the State fund from
22 which the assistance was paid.
23 The Department shall provide technical assistance to any
24 local public body or rail user to ensure insure that rail
25 freight services under these agreements are, to the extent
26 possible, adequate to the needs of Illinois citizens.
27 The Department shall review the effects of the rail
28 freight service assistance provided under this Section and
29 shall report the results of its review to the General
30 Assembly each year not later than March 15, reporting
31 particularly on the service provided through the such
32 assistance, the utilization of rail freight service by
33 shippers, and the cost effectiveness of this rail freight
34 service assistance program in relation to the economy of this
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1 State.
2 The requirement for reporting to the General Assembly
3 shall be satisfied by filing copies of the report with the
4 Speaker, the Minority Leader, and the Clerk of the House of
5 Representatives and the President, the Minority Leader, and
6 the Secretary of the Senate and the Legislative Research
7 Unit, as required by Section 3.1 of "An Act to revise the law
8 in relation to the General Assembly Organization Act",
9 approved February 25, 1874, as amended, and by filing such
10 additional copies with the State Government Report
11 Distribution Center for the General Assembly as is required
12 under paragraph (t) of Section 7 of the State Library Act.
13 For the purpose of promoting efficient rail freight
14 service, the Department shall have the power to either grant
15 or loan funds to any railroad or unit of local government in
16 the State to maintain, improve, and construct rail
17 facilities. The Department shall also have the power to grant
18 or loan funds to any rail users located on an abandoned line,
19 unit of local government, or an owner or lessee of an
20 abandoned railroad right-of-way to undertake substitute
21 service projects that which reduce the social, economic, and
22 environmental costs associated with the loss of a particular
23 rail freight service in a manner less expensive than
24 continuing that rail freight service. To facilitate the
25 continuation of rail freight services, the Department shall
26 have the power to purchase railroad materials and supplies.
27 (Source: P.A. 84-1438.)
28 (20 ILCS 2705/105-435 new)
29 (was 20 ILCS 2705/49.25g-1) (from Ch. 127, par. 49.25g-1)
30 Sec. 105-435. Loans, grants, or contracts to
31 rehabilitate, improve, or construct rail facilities; State
32 Rail Freight Loan Repayment Fund. 49.25g-1. In addition to
33 the powers under Section 105-430 49.25g, the Department shall
-418- LRB9009239DJcd
1 have the power to enter into agreements to loan or grant
2 State funds to any railroad, unit of local government, rail
3 user, or owner or lessee of a railroad right of way to
4 rehabilitate, improve, or construct rail facilities.
5 For each project proposed for funding under this Section
6 the Department shall, to the extent possible, give preference
7 to cost effective projects that which facilitate continuation
8 of existing rail freight service. In the exercise of its
9 powers under this Section, the Department shall coordinate
10 its program with the industrial retention and attraction
11 programs of the Department of Commerce and Community Affairs.
12 No funds provided under this Section shall be expended for
13 the acquisition of a right of way or rolling stock or for
14 operating subsidies. The costs of a project funded under
15 this Section shall be apportioned in accordance with the
16 agreement of the parties for the project. Projects are
17 eligible for a loan or grant under this Section only when the
18 Department determines that the transportation, economic, and
19 public benefits associated with a project are greater than
20 the capital costs of that project incurred by all parties to
21 the agreement and that the such project would not have
22 occurred without its participation. In addition, a project
23 to be eligible for assistance under this Section must be
24 included in a State plan for rail transportation and local
25 rail service prepared by the Department. The Department may
26 also expend State funds for professional engineering services
27 to conduct feasibility studies of projects proposed for
28 funding under this Section, to estimate the costs and
29 material requirements for those such projects, to provide for
30 the design of those such projects, including plans and
31 specifications, and to conduct investigations to ensure
32 compliance with the project agreements.
33 The Department, acting through the Department of Central
34 Management Services, shall also have the power to let
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1 contracts for the purchase of railroad materials and
2 supplies. The Department shall also have the power to let
3 contracts for the rehabilitation, improvement, or
4 construction of rail facilities. Any such contract shall be
5 let, after due public advertisement, to the lowest
6 responsible bidder or bidders, upon terms and conditions to
7 be fixed by the Department. With regard to rehabilitation,
8 improvement, or construction contracts, the Department shall
9 also require the successful bidder or bidders to furnish good
10 and sufficient bonds to ensure proper and prompt completion
11 of the such work in accordance with the provisions of the
12 such contracts.
13 In the case of an agreement under which State funds are
14 loaned under this Section, the agreement shall provide the
15 terms and conditions of repayment. The agreement shall
16 provide for the such security that as the Department shall
17 determine to protect the State's interest. The funds may be
18 loaned with or without interest. Loaned funds that which are
19 repaid to the Department shall be deposited in a special fund
20 in the State treasury to be known as the "State Rail Freight
21 Loan Repayment Fund". In the case of repaid funds deposited
22 in the State Rail Freight Loan Repayment Fund, the Department
23 shall, subject to appropriation, have the reuse of those
24 funds and the interest accrued thereon, which shall also be
25 deposited by the State Treasurer in the such Fund, as the
26 State share in other eligible projects under this Section.
27 However, no expenditures from the State Rail Freight Loan
28 Repayment Fund for those such projects shall at any time
29 exceed the total sum of funds repaid and deposited in the
30 State Rail Freight Loan Repayment Fund and interest earned by
31 investment by the State Treasurer which the State Treasurer
32 shall have deposited in that Fund.
33 For the purposes of promoting efficient rail freight
34 service, the Department may also provide technical assistance
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1 to railroads, units of local government or rail users, or
2 owners or lessees of railroad rights-of-way.
3 The Department shall take whatever actions are necessary
4 or appropriate to protect the State's interest in the event
5 of bankruptcy, default, foreclosure, or noncompliance with
6 the terms and conditions of financial assistance or
7 participation provided hereunder, including the power to
8 sell, dispose, lease, or rent, upon terms and conditions
9 determined by the Secretary to be appropriate, real or
10 personal property that which the Department may receive as a
11 result thereof.
12 The Department is authorized to make reasonable rules and
13 regulations consistent with law necessary to carry out the
14 provisions of this Section.
15 (Source: P.A. 85-1033.)
16 (20 ILCS 2705/105-440 new)
17 (was 20 ILCS 2705/49.25h) (from Ch. 127, par. 49.25h)
18 Sec. 105-440. 49.25h. Intercity Rail Service.
19 (a) For the purposes of providing intercity railroad
20 passenger service within this State (or as part of service to
21 cities in adjacent states), the Department is authorized to
22 enter into agreements with units of local government, the
23 Commuter Rail Division of the Regional Transportation
24 Authority (or a public corporation on behalf of that
25 Division), architecture or engineering firms, the National
26 Railroad Passenger Corporation, any carrier, any adjacent
27 state (or political subdivision, corporation, or agency of an
28 adjacent state), or any individual, corporation, partnership,
29 or public or private entity. The cost related to such
30 services shall be borne in such proportion as, by agreement
31 or contract the parties may desire.
32 (b) In providing any intercity railroad passenger
33 service as provided in this Section, the Department shall
-421- LRB9009239DJcd
1 have the following additional powers:
2 (1) to enter into trackage use agreements with rail
3 carriers;
4 (2) to enter into haulage agreements with rail
5 carriers;
6 (3) to lease or otherwise contract for use,
7 maintenance, servicing, and repair of any needed
8 locomotives, rolling stock, stations, or other
9 facilities, the lease or contract having a term not to
10 exceed 7 years (but any multi-year contract shall recite
11 that the contract is subject to termination and
12 cancellation, without any penalty, acceleration payment,
13 or other recoupment mechanism, in any fiscal year for
14 which the General Assembly fails to make an adequate
15 appropriation to cover the contract obligation);
16 (4) to enter into management agreements;
17 (5) to include in any contract indemnification of
18 carriers or other parties for any liability with regard
19 to intercity railroad passenger service;
20 (6) to obtain insurance for any losses or claims
21 with respect to the service;
22 (7) to promote the use of the service;
23 (8) to make grants to any body politic and
24 corporate, any unit of local government, or the Commuter
25 Rail Division of the Regional Transportation Authority to
26 cover all or any part of any capital or operating costs
27 of the service and to enter into agreements with respect
28 to those grants;
29 (9) to set any fares or make other regulations with
30 respect to the service, consistent with any contracts
31 for the service; and
32 (10) to otherwise enter into any contracts
33 necessary or convenient to provide the service.
34 (c) All service provided under this Section shall be
-422- LRB9009239DJcd
1 exempt from all regulations by the Illinois Commerce
2 Commission (other than for safety matters). To the extent the
3 service is provided by the Commuter Rail Division of the
4 Regional Transportation Authority (or a public corporation on
5 behalf of that Division), it shall be exempt from safety
6 regulations of the Illinois Commerce Commission to the extent
7 the Commuter Rail Division adopts its own safety regulations.
8 (d) In connection with any powers exercised under this
9 Section, the Department:
10 (1) shall not have the power of eminent domain; and
11 (2) shall not itself become the owner of railroad
12 locomotives or other rolling stock, or directly operate
13 any railroad service with its own employees.
14 (e) Any contract with the Commuter Rail Division of the
15 Regional Transportation Authority (or a public corporation on
16 behalf of the Division) under this Section shall provide that
17 all costs in excess of revenue received by the Division
18 generated from intercity rail service provided by the
19 Division shall be fully borne by the Department, and no funds
20 for operation of commuter rail service shall be used,
21 directly or indirectly, or for any period of time, to
22 subsidize the intercity rail operation. If at any time the
23 Division does not have sufficient funds available to satisfy
24 the requirements of this Section, the Division shall
25 forthwith terminate the operation of intercity rail service.
26 The payments made by the Department to the Division for the
27 intercity rail passenger service shall not be made in excess
28 of those costs or as a subsidy for costs of commuter rail
29 operations. This shall not prevent the contract from
30 providing for efficient coordination of service and
31 facilities to promote cost effective operations of both
32 intercity rail passenger service and commuter rail services
33 with cost allocations as provided in this paragraph.
34 (Source: P.A. 89-710, eff. 2-14-97.)
-423- LRB9009239DJcd
1 (20 ILCS 2705/105-445 new)
2 (was 20 ILCS 2705/49.25i) (from Ch. 127, par. 49.25i)
3 Sec. 105-445. Validation of prior agreements and
4 contracts. 49.25i. Any agreement or contract for the
5 purposes of Section 105-440 that 49.25h which was entered
6 into prior to June 16, 1976 (the effective date of Public
7 this amendatory Act 79-1213) of 1976 is hereby validated and
8 continued in full force and effect.
9 (Source: P.A. 79-1213.)
10 (20 ILCS 2705/105-450 new)
11 (was 20 ILCS 2705/49.25h-1) (from Ch. 127, par. 49.25h-1)
12 Sec. 105-450. 49.25h-1. High-speed rail and magnetic
13 levitation transportation development. The Department is
14 authorized to enter into agreements with any public or
15 private entity for the purpose of promoting and developing
16 high-speed rail and magnetic levitation transportation within
17 this State. The cost related to the service shall be borne in
18 a proportion that as the parties may determine by agreement
19 or contract.
20 (Source: P.A. 87-829.)
21 (20 ILCS 2705/105-500 new)
22 (was 20 ILCS 2705/49.29) (from Ch. 127, par. 49.29)
23 Sec. 105-500. Scenic route connecting Mississippi and
24 Ohio Rivers. 49.29. The Department shall prepare or have
25 prepared maps, surveys, or plans, shall conduct studies, and
26 shall consult with the Department of Natural Resources for
27 the purpose of proposing a route connecting the Mississippi
28 and Ohio Rivers through the Shawnee National Forest, to be
29 designated as a scenic route. The proposed route shall
30 consist of existing roads to the greatest extent possible,
31 but the proposal may call for any improvements consistent
32 with federal law that the Department deems necessary or
-424- LRB9009239DJcd
1 desirable. The Department shall submit its proposal, along
2 with any other supporting information it deems appropriate,
3 to the Governor and the General Assembly no later than March
4 1, 1986.
5 (Source: P.A. 89-445, eff. 2-7-96.)
6 (20 ILCS 2705/105-505 new)
7 (was 20 ILCS 2705/49.30) (from Ch. 127, par. 49.30)
8 Sec. 105-505. Signs indicting travel-related facilities
9 or tourist-oriented businesses. 49.30. The Department shall,
10 where economically feasible and safe, install along various
11 interstate highways and other freeways with full control of
12 access, except those that which are toll highways, signs to
13 alert motorists of the travel-related facilities available in
14 communities served by upcoming interstate exits. The
15 Department may also install, along other rural State
16 highways, signs to alert motorists of the tourist-oriented
17 tourist oriented businesses available on intersecting
18 highways and roads under local jurisdiction in rural areas.
19 The Department has shall have the authority to sell or lease
20 space on the such signs to the owners or operators of the
21 facilities and to promulgate rules and regulations for the
22 leasing or purchasing of space.
23 (Source: P.A. 90-272, eff. 7-30-97.)
24 (20 ILCS 2705/105-510 new)
25 (was 20 ILCS 2705/49.15a) (from Ch. 127, par. 49.15a)
26 Sec. 105-510. Use of prisoners for highway cleanup. The
27 Department has the power 49.15a. to request, from the
28 Department of Corrections, the use of prisoners in a program
29 as provided in paragraph (f) of Section 3-2-2 of the Unified
30 Code of Corrections Correction, as amended, for the cleaning
31 of trash and garbage from the highways of this State.
32 (Source: P.A. 81-214.)
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1 (20 ILCS 2705/105-550 new)
2 (was 20 ILCS 2705/49.12) (from Ch. 127, par. 49.12)
3 Sec. 105-550. Transfer of realty to other State agency;
4 acquisition of federal lands. The Department has the power
5 49.12. to transfer jurisdiction of any realty under the
6 control of the Department to any other department of the
7 State government, or to any authority, commission, or other
8 agency of the State, or to acquire or accept federal lands,
9 when the such transfer, acquisition, or acceptance is
10 advantageous to the State and is approved in writing by the
11 Governor.
12 (Source: Laws 1955, p. 1196.)
13 (20 ILCS 2705/105-555 new)
14 (was 20 ILCS 2705/49.13) (from Ch. 127, par. 49.13)
15 Sec. 105-555. Lease of land or property. The Department
16 has the power 49.13. from time to time to lease any land or
17 property, with or without appurtenances, of which the
18 Department has jurisdiction, and that is which are not
19 immediately to be used or developed by the State; provided
20 that no such lease be for a longer period of time than that
21 in which it can reasonably be expected the State will not
22 have use for the such property, and further provided that no
23 such lease be for a longer period of time than 5 years.
24 (Source: Laws 1953, p. 1443.)
25 (20 ILCS 2705/105-575 new)
26 (was 20 ILCS 2705/49.28) (from Ch. 127, par. 49.28)
27 Sec. 105-575. Sale of used vehicles. 49.28. Whenever the
28 Department of Transportation shall replace any used vehicle,
29 it shall notify and give units of local government in this
30 State and the Department of Natural Resources the first
31 opportunity to purchase the such vehicle. The Department
32 shall be required to notify only the Department of Natural
-426- LRB9009239DJcd
1 Resources and those units of local government that which have
2 previously requested the such notification. Any proceeds
3 from the sale of the such vehicles to units of local
4 government shall be deposited in the Road Fund. The term
5 "vehicle" as used in this Section herein is defined to
6 include passenger automobiles, light duty trucks, heavy duty
7 trucks, and other self-propelled motorized equipment (in
8 excess of 25 horse-power) and attachments.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (110 ILCS 355/Art. 150 heading new)
11 ARTICLE 150. UNIVERSITY OF ILLINOIS
12 (110 ILCS 355/150-1 new)
13 Sec. 150-1. Article short title. This Article 150 of the
14 Civil Administrative Code of Illinois may be cited as the
15 University of Illinois Exercise of Functions and Duties Law.
16 (110 ILCS 355/150-5 new)
17 (was 110 ILCS 355/62) (from Ch. 127, par. 62)
18 Sec. 150-5. 62. Retention of duties by University of
19 Illinois. Unless otherwise provided by law, the functions and
20 duties formerly exercised by the State entomologist, the
21 State laboratory of natural history, the State water survey,
22 and the State geological survey and vested in the Illinois
23 Department of Natural Resources, and the functions and duties
24 of the Waste Management and Research Center and its Hazardous
25 Materials Laboratory as authorized by the Hazardous Waste
26 Technology Exchange Service Act, approved September 16, 1984,
27 as now or hereafter amended, shall continue to be exercised
28 at the University of Illinois in buildings and places
29 provided by the trustees of the University thereof.
30 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
-427- LRB9009239DJcd
1 (15 ILCS 20/Art. 200 heading new)
2 ARTICLE 200. STATE BUDGET
3 (15 ILCS 20/200-1 new)
4 Sec. 200-1. Article short title. This Article 200 of the
5 Civil Administrative Code of Illinois may be cited as the
6 State Budget Law.
7 (15 ILCS 20/200-5 new)
8 (was 15 ILCS 20/38) (from Ch. 127, par. 38)
9 Sec. 200-5. Governor to submit State budget. 38. The
10 Governor shall, as soon as possible and not later than the
11 third Wednesday in February of each year beginning in 1998,
12 submit a State budget, embracing therein the amounts
13 recommended by the Governor him to be appropriated to the
14 respective departments, offices, and institutions, and for
15 all other public purposes, the estimated revenues from
16 taxation, the estimated revenues from sources other than
17 taxation, and an estimate of the amount required to be raised
18 by taxation. The amounts recommended by the Governor for
19 appropriation to the respective departments, offices and
20 institutions shall be formulated according to the various
21 functions and activities for which the respective department,
22 office or institution of the State government (including the
23 elective officers in the executive department and including
24 the University of Illinois and the judicial department) is
25 responsible. The amounts relating to particular functions and
26 activities shall be further formulated in accordance with the
27 object classification specified in Section 13 of the State
28 Finance Act.
29 The Governor shall not propose expenditures and the
30 General Assembly shall not enact appropriations that exceed
31 the resources estimated to be available, as provided in this
32 Section.
-428- LRB9009239DJcd
1 For the purposes of Article VIII, Section 2 of the 1970
2 Illinois Constitution, the State budget for the following
3 funds shall be prepared on the basis of revenue and
4 expenditure measurement concepts that are in concert with
5 generally accepted accounting principles for governments:
6 (1) General Revenue Fund.
7 (2) Common School Fund.
8 (3) Educational Assistance Fund.
9 (4) Road Fund.
10 (5) Motor Fuel Tax Fund.
11 (6) Agricultural Premium Fund.
12 These funds shall be known as the "budgeted funds". The
13 revenue estimates used in the State budget for the budgeted
14 funds shall include the estimated beginning fund balance,
15 plus revenues estimated to be received during the budgeted
16 year, plus the estimated receipts due the State as of June 30
17 of the budgeted year that are expected to be collected during
18 the lapse period following the budgeted year, minus the
19 receipts collected during the first 2 months of the budgeted
20 year that became due to the State in the year before the
21 budgeted year. Revenues shall also include estimated federal
22 reimbursements associated with the recognition of Section 25
23 of the State Finance Act liabilities. For any budgeted fund
24 for which current year revenues are anticipated to exceed
25 expenditures, the surplus shall be considered to be a
26 resource available for expenditure in the budgeted fiscal
27 year.
28 Expenditure estimates for the budgeted funds included in
29 the State budget shall include the costs to be incurred by
30 the State for the budgeted year, to be paid in the next
31 fiscal year, excluding costs paid in the budgeted year which
32 were carried over from the prior year, where the payment is
33 authorized by Section 25 of the State Finance Act. For any
34 budgeted fund for which expenditures are expected to exceed
-429- LRB9009239DJcd
1 revenues in the current fiscal year, the deficit shall be
2 considered as a use of funds in the budgeted fiscal year.
3 Revenues and expenditures shall also include transfers
4 between funds that are based on revenues received or costs
5 incurred during the budget year.
6 By March 15 of each year, the Economic and Fiscal
7 Commission shall prepare revenue and fund transfer estimates
8 in accordance with the requirements of this Section and
9 report those estimates to the General Assembly and the
10 Governor.
11 For all funds other than the budgeted funds, the proposed
12 expenditures shall not exceed funds estimated to be available
13 for the fiscal year as shown in the budget. Appropriation
14 for a fiscal year shall not exceed funds estimated by the
15 General Assembly to be available during that year.
16 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
17 (15 ILCS 20/200-10 new)
18 (was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
19 Sec. 200-10. Budget contents. 38.1. The budget shall be
20 submitted by the Governor with line item and program data.
21 The budget shall also contain performance data presenting an
22 estimate for the current fiscal year, projections for the
23 budget year, and information for the 3 prior fiscal years
24 comparing department objectives with actual accomplishments,
25 formulated according to the various functions and activities,
26 and, wherever the nature of the work admits, according to the
27 work units, for which the respective departments, offices,
28 and institutions of the State government (including the
29 elective officers in the executive department and including
30 the University of Illinois and the judicial department) are
31 responsible.
32 For the fiscal year beginning July 1, 1992 and for each
33 fiscal year thereafter, the budget shall include the
-430- LRB9009239DJcd
1 performance measures of each department's accountability
2 report.
3 For the fiscal year beginning July 1, 1997 and for each
4 fiscal year thereafter, the budget shall include one or more
5 line items appropriating moneys to the Department of Human
6 Services to fund participation in the Home-Based Support
7 Services Program for Mentally Disabled Adults under the
8 Developmental Disability and Mental Disability Services Act
9 by persons described in Section 2-17 of that Act.
10 The budget shall contain a capital development Section in
11 which the Governor will present (1) information on the
12 capital projects and capital programs for which
13 appropriations are requested, and (2) the capital spending
14 plans, which shall document the first and subsequent years
15 cash requirements by fund for the proposed bonded program,
16 and (3) a statement that which shall identify by year the
17 principal and interest costs until retirement of the State's
18 general obligation debt. In addition, the principal and
19 interest costs of the budget year program shall be presented
20 separately, to indicate the marginal cost of principal and
21 interest payments necessary to retire the additional bonds
22 needed to finance the budget year's capital program.
23 For the budget year, the current year, and 3 three prior
24 fiscal years, the Governor shall also include in the budget
25 estimates of or actual values for the assets and liabilities
26 for General Assembly Retirement System, State Employees'
27 Retirement System of Illinois, State Universities Retirement
28 System, Teachers' Retirement System of the State of Illinois,
29 and Judges Retirement System of Illinois.
30 The budget submitted by the Governor shall contain, in
31 addition, in a separate book, a tabulation of all position
32 and employment titles in each such department, office, and
33 institution, the number of each, and the salaries for each,
34 formulated according to divisions, bureaus, sections,
-431- LRB9009239DJcd
1 offices, departments, boards, and similar subdivisions, which
2 shall correspond as nearly as practicable to the functions
3 and activities for which the department, office, or
4 institution is responsible.
5 Together with the such budget, the Governor shall
6 transmit the estimates of receipts and expenditures, as
7 received by the director of the Bureau of the Budget, of the
8 elective officers in the executive and judicial departments
9 and of the University of Illinois.
10 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
11 (15 ILCS 20/200-15 new)
12 (was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2)
13 Sec. 200-15. Department accountability reports; Budget
14 Advisory Panel. 38.2.
15 (a) Beginning in the fiscal year which begins July 1,
16 1992, each department of State government as listed in
17 Section 5-15 3 of the Departments of State Government Law (20
18 ILCS 5/5-15) this Code shall submit an annual accountability
19 report to the Bureau of the Budget at times designated by the
20 Director of the Bureau of the Budget. Each accountability
21 report shall be designed to assist the Bureau of the Budget
22 in its duties under Sections 2.2 and 2.3 of the "An Act to
23 create a Bureau of the Budget Act and to define its powers
24 and duties and to make an appropriation", approved April 16,
25 1969, as now or hereafter amended, and shall measure the
26 department's performance based on criteria, goals, and
27 objectives established by the department with the oversight
28 and assistance of the Bureau of the Budget. Each department
29 shall also submit interim progress reports at times
30 designated by the Director of the Bureau of the Budget.
31 (b) There is created a Budget Advisory Panel, consisting
32 of 10 representatives of private business and industry
33 appointed 2 each by the Governor, the President of the
-432- LRB9009239DJcd
1 Senate, the and Minority Leader of the Senate, the and
2 Speaker of the House of Representatives, and the Minority
3 Leader of the House of Representatives. The Budget Advisory
4 Panel shall aid the Bureau of the Budget in the establishment
5 of the criteria, goals, and objectives by the departments for
6 use in measuring their performance in accountability reports.
7 The Budget Advisory Panel shall also assist the Bureau of the
8 Budget in reviewing accountability reports and assessing the
9 effectiveness of each department's performance measures. The
10 Budget Advisory Panel shall submit to the Bureau of the
11 Budget a report of its activities and recommendations for
12 change in the procedures established in subsection (a) at the
13 time designated by the Director of the Bureau of the Budget,
14 but in any case no later than the third Friday of each
15 November.
16 (c) The Director of the Bureau of the Budget shall
17 select not more than 3 departments for a pilot program
18 implementing the procedures of subsection (a) for budget
19 requests for the fiscal years beginning July 1, 1990 and July
20 1, 1991, and each of the departments elected shall submit
21 accountability reports for those fiscal years.
22 By April 1, 1991, the Bureau of the Budget with the
23 assistance of the Budget Advisory Panel shall recommend in
24 writing to the Governor any changes in the budget review
25 process established pursuant to this Section suggested by its
26 evaluation of the pilot program. The Governor shall submit
27 changes to the budget review process that the Governor he
28 plans to adopt, based on the report, to the President and
29 Minority Leader of the Senate and the Speaker and Minority
30 Leader of the House of Representatives.
31 (Source: P.A. 86-1027.)
32 (15 ILCS 20/200-20 new)
33 (was 15 ILCS 20/38.3)
-433- LRB9009239DJcd
1 Sec. 200-20. 38.3. Responsible Education Funding Law.
2 (a) The Governor shall submit to the General Assembly a
3 proposed budget for elementary and secondary education in
4 which total General Revenue Fund appropriations are no less
5 than the total General Revenue Fund appropriations of the
6 previous fiscal year. In addition, the Governor shall
7 specify the total amount of funds to be transferred from the
8 General Revenue Fund to the Common School Fund during the
9 budget year, which shall be no less than the total amount
10 transferred during the previous fiscal year. The Governor
11 may submit a proposed budget in which the total appropriated
12 and transferred amounts are less than the previous fiscal
13 year if the Governor declares in writing to the General
14 Assembly the reason for the lesser amounts.
15 (b) The General Assembly shall appropriate amounts for
16 elementary and secondary education from the General Revenue
17 Fund for each fiscal year so that the total General Revenue
18 Fund appropriation is no less than the total General Revenue
19 Fund appropriation for elementary and secondary education for
20 the previous fiscal year. In addition, the General Assembly
21 shall legislatively transfer from the General Revenue Fund to
22 the Common School Fund for the such fiscal year a total
23 amount that is no less than the total amount transferred for
24 the previous fiscal year. The General Assembly may
25 appropriate or transfer lesser amounts if it declares by
26 Joint Resolution the reason for the lesser amounts.
27 (c) This Section may be cited as the Responsible
28 Education Funding Law.
29 (Source: P.A. 88-660, eff. 9-16-94.)
30 (5 ILCS 620/Art. 205 heading new)
31 ARTICLE 205. STATE FAIR GROUNDS
32 (5 ILCS 620/205-1 new)
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1 Sec. 205-1. Article short title. This Article 205 of the
2 Civil Administrative Code of Illinois may be cited as the
3 State Fair Grounds Title Law.
4 (5 ILCS 620/205-5 new)
5 (was 5 ILCS 620/42) (from Ch. 127, par. 42)
6 Sec. 205-5. Title to State fair grounds. 42. The people
7 of the State of Illinois shall succeed to all the right,
8 title, and interest of the Illinois Department of Agriculture
9 in and to the State fair grounds, and to all lands,
10 buildings, money, unexpended appropriations, or other
11 property connected therewith.
12 (Source: P.A. 90-192, eff. 7-24-97.)
13 Section 5-105. The Employee Rights Violation Act is
14 amended by changing Section 2 as follows:
15 (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
16 Sec. 2. For the purposes of this Act, the terms used
17 herein shall have the meanings ascribed to them in this
18 Section:
19 (a) "Policy making officer" means: (i) an employee of a
20 State agency who is engaged predominantly in executive and
21 management functions and is charged with the responsibility
22 of directing the effectuation of such management policies and
23 practices; or (ii) an employee of a State agency whose
24 principal work is substantially different from that of his
25 subordinates and who has authority in the interest of the
26 State agency to hire, transfer, suspend, lay off, recall,
27 promote, discharge, direct, reward, or discipline employees,
28 or to adjust their grievances, or to effectively recommend
29 such action, if the exercise of such authority is not of a
30 merely routine or clerical nature, but requires the
31 consistent use of independent judgment; or (iii) a Director,
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1 Assistant Director or Deputy Director of a State agency;
2 (b) "State agency" means the Departments of the
3 Executive Branch of State government listed in Section 5-15 3
4 of the Departments of State Government Law (20 ILCS 5/5-15)
5 Civil Administrative Code of Illinois, as amended;
6 (c) "Director" includes the Secretary of Transportation.
7 (Source: P.A. 85-1436.)
8 Section 5-110. The Gender Balanced Appointments Act is
9 amended by changing Section 2 as follows:
10 (5 ILCS 310/2) (from Ch. 127, par. 4302)
11 Sec. 2. All appointments to boards, commissions,
12 committees and councils of the State created by the laws of
13 this State and after the effective date of this Act shall be
14 gender balanced to the extent possible and to the extent that
15 appointees are qualified to serve on those boards,
16 commissions, committees and councils. If gender balance is
17 not possible, then appointments shall provide for significant
18 representation of both sexes to boards, commissions,
19 committees and councils governed by this Act and Section
20 5-510 8.1 of the Departments of State Government Law (20 ILCS
21 5/5-510) Civil Administrative Code of Illinois. If there are
22 multiple appointing authorities for a board, commission,
23 committee, or council, they shall each strive to achieve
24 gender balance in their appointments.
25 Appointments made in accordance with this Act should be
26 made in a manner that makes a good faith attempt to seek
27 gender balance based on the numbers of each gender belonging
28 to the group from which appointments are made.
29 (Source: P.A. 87-797.)
30 Section 5-115. The Election Code is amended by changing
31 Section 1A-8 as follows:
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1 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
2 Sec. 1A-8. The State Board of Elections shall exercise
3 the following powers and perform the following duties in
4 addition to any powers or duties otherwise provided for by
5 law:
6 (1) Assume all duties and responsibilities of the State
7 Electoral Board and the Secretary of State as heretofore
8 provided in this Act;
9 (2) Disseminate information to and consult with election
10 authorities concerning the conduct of elections and
11 registration in accordance with the laws of this State and
12 the laws of the United States;
13 (3) Furnish to each election authority prior to each
14 primary and general election and any other election it deems
15 necessary, a manual of uniform instructions consistent with
16 the provisions of this Act which shall be used by election
17 authorities in the preparation of the official manual of
18 instruction to be used by the judges of election in any such
19 election. In preparing such manual, the State Board shall
20 consult with representatives of the election authorities
21 throughout the State. The State Board may provide separate
22 portions of the uniform instructions applicable to different
23 election jurisdictions which administer elections under
24 different options provided by law. The State Board may by
25 regulation require particular portions of the uniform
26 instructions to be included in any official manual of
27 instructions published by election authorities. Any manual of
28 instructions published by any election authority shall be
29 identical with the manual of uniform instructions issued by
30 the Board, but may be adapted by the election authority to
31 accommodate special or unusual local election problems,
32 provided that all manuals published by election authorities
33 must be consistent with the provisions of this Act in all
34 respects and must receive the approval of the State Board of
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1 Elections prior to publication; provided further that if the
2 State Board does not approve or disapprove of a proposed
3 manual within 60 days of its submission, the manual shall be
4 deemed approved.
5 (4) Prescribe and require the use of such uniform forms,
6 notices, and other supplies not inconsistent with the
7 provisions of this Act as it shall deem advisable which shall
8 be used by election authorities in the conduct of elections
9 and registrations;
10 (5) Prepare and certify the form of ballot for any
11 proposed amendment to the Constitution of the State of
12 Illinois, or any referendum to be submitted to the electors
13 throughout the State or, when required to do so by law, to
14 the voters of any area or unit of local government of the
15 State;
16 (6) Require such statistical reports regarding the
17 conduct of elections and registration from election
18 authorities as may be deemed necessary;
19 (7) Review and inspect procedures and records relating
20 to conduct of elections and registration as may be deemed
21 necessary, and to report violations of election laws to the
22 appropriate State's Attorney;
23 (8) Recommend to the General Assembly legislation to
24 improve the administration of elections and registration;
25 (9) Adopt, amend or rescind rules and regulations in the
26 performance of its duties provided that all such rules and
27 regulations must be consistent with the provisions of this
28 Article 1A or issued pursuant to authority otherwise provided
29 by law;
30 (10) Determine the validity and sufficiency of petitions
31 filed under Article XIV, Section 3, of the Constitution of
32 the State of Illinois of 1970;
33 (11) Maintain in its principal office a research library
34 that includes, but is not limited to, abstracts of votes by
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1 precinct for general primary elections and general elections,
2 current precinct maps and current precinct poll lists from
3 all election jurisdictions within the State. The research
4 library shall be open to the public during regular business
5 hours. Such abstracts, maps and lists shall be preserved as
6 permanent records and shall be available for examination and
7 copying at a reasonable cost;
8 (12) Supervise the administration of the registration
9 and election laws throughout the State;
10 (13) Obtain from the Department of Central Management
11 Services, under Section 25-250 35.7a of the Department of
12 Central Management Services Law (20 ILCS 405/25-250) Civil
13 Administrative Code of Illinois, such use of electronic data
14 processing equipment as may be required to perform the duties
15 of the State Board of Elections and to provide
16 election-related information to candidates, public and party
17 officials, interested civic organizations and the general
18 public in a timely and efficient manner; and
19 (14) To take such action as may be necessary or required
20 to give effect to directions of the State central committee
21 of an established political party under Sections 7-8, 7-11
22 and 7-14.1 or such other provisions as may be applicable
23 pertaining to the selection of delegates and alternate
24 delegates to an established political party's national
25 nominating conventions.
26 The Board may by regulation delegate any of its duties or
27 functions under this Article, except that final
28 determinations and orders under this Article shall be issued
29 only by the Board.
30 The requirement for reporting to the General Assembly
31 shall be satisfied by filing copies of the report with the
32 Speaker, the Minority Leader and the Clerk of the House of
33 Representatives and the President, the Minority Leader and
34 the Secretary of the Senate and the Legislative Research
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1 Unit, as required by Section 3.1 of "An Act to revise the law
2 in relation to the General Assembly", approved February 25,
3 1874, as amended, and filing such additional copies with the
4 State Government Report Distribution Center for the General
5 Assembly as is required under paragraph (t) of Section 7 of
6 the State Library Act.
7 (Source: P.A. 86-1089.)
8 Section 5-120. The Secretary of State Act is amended by
9 changing Section 13 as follows:
10 (15 ILCS 305/13) (from Ch. 124, par. 10.3)
11 Sec. 13. Whenever the Secretary of State is authorized
12 or required by law to consider some aspect of criminal
13 history record information for the purpose of carrying out
14 his statutory powers and responsibilities, then, upon request
15 and payment of fees in conformance with the requirements of
16 subsection 22 of Section 100-400 55a of the Department of
17 State Police Law (20 ILCS 2605/100-400) "The Civil
18 Administrative Code of Illinois", the Department of State
19 Police is authorized to furnish, pursuant to positive
20 identification, such information contained in State files as
21 is necessary to fulfill the request.
22 (Source: P.A. 86-610.)
23 Section 5-125. The State Treasurer Act is amended by
24 changing Section 12 as follows:
25 (15 ILCS 505/12) (from Ch. 130, par. 12)
26 Sec. 12. He shall keep regular and fair accounts of all
27 moneys received and paid out by him, stating, particularly,
28 on what account each amount is received or paid out. He may
29 make such corrections and changes in his records as may be
30 necessary pursuant to notices received from the Department of
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1 Revenue under Section 95-475 39b32 of the Department of
2 Revenue Law (20 ILCS 2505/95-475) "Civil Administrative Code
3 of Illinois", approved March 7, 1917, as amended.
4 (Source: Laws 1967, p. 4103.)
5 Section 5-130. The Illinois Act on the Aging is amended
6 by changing Section 5 as follows:
7 (20 ILCS 105/5) (from Ch. 23, par. 6105)
8 Sec. 5. The provisions of Sections 5-625, 5-630, 5-635,
9 5-640, 5-645, 5-650, and 5-655 16, 17, 18, 19, 20, 25 and 26
10 of "the Departments of State Government Law (20 ILCS 5/5-625,
11 5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650, and 5/5-655)
12 Civil Administrative Code of Illinois", approved March 17,
13 1917, as now or hereafter amended, relating to regulations
14 for the conduct of a department, central and branch offices,
15 office hours, a seal, the obtaining and compensation of
16 employees, the annual reports, and cooperation between
17 departments, apply to the Department created by this Act.
18 (Source: P.A. 78-242.)
19 Section 5-135. The Personnel Code is amended by
20 changing Sections 8b.1 and 10 as follows:
21 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
22 Sec. 8b.1. For open competitive examinations to test the
23 relative fitness of applicants for the respective positions.
24 Tests shall be designed to eliminate those who are not
25 qualified for entrance into or promotion within the service,
26 and to discover the relative fitness of those who are
27 qualified. The Director may use any one of or any combination
28 of the following examination methods which in his judgment
29 best serves this end: investigation of education;
30 investigation of experience; test of cultural knowledge; test
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1 of capacity; test of knowledge; test of manual skill; test of
2 linguistic ability; test of character; test of physical
3 fitness; test of psychological fitness. No person with a
4 record of misdemeanor convictions except those under Sections
5 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
6 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
7 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
8 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
9 of 1961 or arrested for any cause but not convicted thereon
10 shall be disqualified from taking such examinations or
11 subsequent appointment, unless the person is attempting to
12 qualify for a position which would give him the powers of a
13 peace officer, in which case the person's conviction or
14 arrest record may be considered as a factor in determining
15 the person's fitness for the position. The eligibility
16 conditions specified for the position of Assistant Director
17 of Public Aid in the Department of Public Aid in Section
18 5-230 7.08 of "the Departments of State Government Law (20
19 ILCS 5/5-230) Civil Administrative Code of Illinois",
20 approved March 7, 1917, as amended, shall be applied to that
21 position in addition to other standards, tests or criteria
22 established by the Director. All examinations shall be
23 announced publicly at least 2 weeks in advance of the date of
24 the examinations and may be advertised through the press,
25 radio and other media. The Director may, however, in his
26 discretion, continue to receive applications and examine
27 candidates long enough to assure a sufficient number of
28 eligibles to meet the needs of the service and may add the
29 names of successful candidates to existing eligible lists in
30 accordance with their respective ratings.
31 The Director may, in his discretion, accept the results
32 of competitive examinations conducted by any merit system
33 established by federal law or by the law of any State, and
34 may compile eligible lists therefrom or may add the names of
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1 successful candidates in examinations conducted by those
2 merit systems to existing eligible lists in accordance with
3 their respective ratings. No person who is a non-resident of
4 the State of Illinois may be appointed from those eligible
5 lists, however, unless the requirement that applicants be
6 residents of the State of Illinois is waived by the Director
7 of Central Management Services and unless there are less than
8 3 Illinois residents available for appointment from the
9 appropriate eligible list. The results of the examinations
10 conducted by other merit systems may not be used unless they
11 are comparable in difficulty and comprehensiveness to
12 examinations conducted by the Department of Central
13 Management Services for similar positions. Special linguistic
14 options may also be established where deemed appropriate.
15 (Source: P.A. 83-1067.)
16 (20 ILCS 415/10) (from Ch. 127, par. 63b110)
17 Sec. 10. Duties and powers of the Commission. The Civil
18 Service Commission shall have duties and powers as follows:
19 (1) Upon written recommendations by the Director of the
20 Department of Central Management Services to exempt from
21 jurisdiction B of this Act positions which, in the judgment
22 of the Commission, involve either principal administrative
23 responsibility for the determination of policy or principal
24 administrative responsibility for the way in which policies
25 are carried out. This authority may not be exercised,
26 however, with respect to the position of Assistant Director
27 of Public Aid in the Department of Public Aid.
28 (2) To require such special reports from the Director as
29 it may consider desirable.
30 (3) To disapprove original rules or any part thereof
31 within 90 days and any amendment thereof within 30 days after
32 the submission of such rules to the Civil Service Commission
33 by the Director, and to disapprove any amendments thereto in
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1 the same manner.
2 (4) To approve or disapprove within 60 days from date of
3 submission the position classification plan submitted by the
4 Director as provided in the rules, and any revisions thereof
5 within 30 days from the date of submission.
6 (5) To hear appeals of employees who do not accept the
7 allocation of their positions under the position
8 classification plan.
9 (6) To hear and determine written charges filed seeking
10 the discharge, demotion of employees and suspension totaling
11 more than thirty days in any 12-month period, as provided in
12 Section 11 hereof, and appeals from transfers from one
13 geographical area in the State to another, and in connection
14 therewith to administer oaths, subpoena witnesses, and compel
15 the production of books and papers.
16 (7) The fees of subpoenaed witnesses under this Act for
17 attendance and travel shall be the same as fees of witnesses
18 before the circuit courts of the State, such fees to be paid
19 when the witness is excused from further attendance.
20 Whenever a subpoena is issued the Commission may require that
21 the cost of service and the fee of the witness shall be borne
22 by the party at whose insistence the witness is summoned.
23 The Commission has the power, at its discretion, to require a
24 deposit from such party to cover the cost of service and
25 witness fees and the payment of the legal witness fee and
26 mileage to the witness served with the subpoena. A subpoena
27 issued under this Act shall be served in the same manner as a
28 subpoena issued out of a court.
29 Upon the failure or refusal to obey a subpoena, a
30 petition shall be prepared by the party serving the subpoena
31 for enforcement in the circuit court of the county in which
32 the person to whom the subpoena was directed either resides
33 or has his or her principal place of business.
34 Not less than five days before the petition is filed in
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1 the appropriate court, it shall be served on the person along
2 with a notice of the time and place the petition is to be
3 presented.
4 Following a hearing on the petition, the circuit court
5 shall have jurisdiction to enforce subpoenas issued pursuant
6 to this Section.
7 On motion and for good cause shown the Commission may
8 quash or modify any subpoena.
9 (8) To make an annual report regarding the work of the
10 Commission to the Governor, such report to be a public
11 report.
12 (9) If any violation of this Act is found, the
13 Commission shall direct compliance in writing.
14 (10) To appoint a full-time executive secretary and such
15 other employees, experts, and special assistants as may be
16 necessary to carry out the powers and duties of the
17 Commission under this Act and employees, experts, and special
18 assistants so appointed by the Commission shall be subject to
19 the provisions of jurisdictions A, B and C of this Act. These
20 powers and duties supersede any contrary provisions herein
21 contained.
22 (11) To make rules to carry out and implement their
23 powers and duties under this Act, with authority to amend
24 such rules from time to time.
25 (12) To hear or conduct investigations as it deems
26 necessary of appeals of layoff filed by employees appointed
27 under Jurisdiction B after examination provided that such
28 appeals are filed within 15 calendar days following the
29 effective date of such layoff and are made on the basis that
30 the provisions of the Personnel Code or of the Rules of the
31 Department of Central Management Services relating to layoff
32 have been violated or have not been complied with.
33 All hearings shall be public. A decision shall be
34 rendered within 60 days after receipt of the transcript of
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1 the proceedings. The Commission shall order the
2 reinstatement of the employee if it is proven that the
3 provisions of the Personnel Code or of the Rules of the
4 Department of Central Management Services relating to layoff
5 have been violated or have not been complied with. In
6 connection therewith the Commission may administer oaths,
7 subpoena witnesses, and compel the production of books and
8 papers.
9 (13) Whenever the Civil Service Commission is authorized
10 or required by law to consider some aspect of criminal
11 history record information for the purpose of carrying out
12 its statutory powers and responsibilities, then, upon request
13 and payment of fees in conformance with the requirements of
14 subsection 22 of Section 100-400 55a of "the Department of
15 State Police Law (20 ILCS 2605/100-400) Civil Administrative
16 Code of Illinois", the Department of State Police is
17 authorized to furnish, pursuant to positive identification,
18 such information contained in State files as is necessary to
19 fulfill the request.
20 (Source: P.A. 86-610.)
21 Section 5-140. The Children and Family Services Act is
22 amended by changing Section 5 as follows:
23 (20 ILCS 505/5) (from Ch. 23, par. 5005)
24 Sec. 5. Direct child welfare services; Department of
25 Children and Family Services. To provide direct child welfare
26 services when not available through other public or private
27 child care or program facilities.
28 (a) For purposes of this Section:
29 (1) "Children" means persons found within the State
30 who are under the age of 18 years. The term also
31 includes persons under age 19 who:
32 (A) were committed to the Department pursuant
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1 to the Juvenile Court Act or the Juvenile Court Act
2 of 1987, as amended, prior to the age of 18 and who
3 continue under the jurisdiction of the court; or
4 (B) were accepted for care, service and
5 training by the Department prior to the age of 18
6 and whose best interest in the discretion of the
7 Department would be served by continuing that care,
8 service and training because of severe emotional
9 disturbances, physical disability, social adjustment
10 or any combination thereof, or because of the need
11 to complete an educational or vocational training
12 program.
13 (2) "Homeless youth" means persons found within the
14 State who are under the age of 19, are not in a safe and
15 stable living situation and cannot be reunited with their
16 families.
17 (3) "Child welfare services" means public social
18 services which are directed toward the accomplishment of
19 the following purposes:
20 (A) protecting and promoting the health,
21 safety and welfare of children, including homeless,
22 dependent or neglected children;
23 (B) remedying, or assisting in the solution of
24 problems which may result in, the neglect, abuse,
25 exploitation or delinquency of children;
26 (C) preventing the unnecessary separation of
27 children from their families by identifying family
28 problems, assisting families in resolving their
29 problems, and preventing the breakup of the family
30 where the prevention of child removal is desirable
31 and possible when the child can be cared for at home
32 without endangering the child's health and safety;
33 (D) restoring to their families children who
34 have been removed, by the provision of services to
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1 the child and the families when the child can be
2 cared for at home without endangering the child's
3 health and safety;
4 (E) placing children in suitable adoptive
5 homes, in cases where restoration to the biological
6 family is not safe, possible or appropriate;
7 (F) assuring safe and adequate care of
8 children away from their homes, in cases where the
9 child cannot be returned home or cannot be placed
10 for adoption. At the time of placement, the
11 Department shall consider concurrent planning, as
12 described in subsection (l-1) of this Section so
13 that permanency may occur at the earliest
14 opportunity. Consideration should be given so that
15 if reunification fails or is delayed, the placement
16 made is the best available placement to provide
17 permanency for the child;
18 (G) (blank);
19 (H) (blank); and
20 (I) placing and maintaining children in
21 facilities that provide separate living quarters for
22 children under the age of 18 and for children 18
23 years of age and older, unless a child 18 years of
24 age is in the last year of high school education or
25 vocational training, in an approved individual or
26 group treatment program, or in a licensed shelter
27 facility. The Department is not required to place or
28 maintain children:
29 (i) who are in a foster home, or
30 (ii) who are persons with a developmental
31 disability, as defined in the Mental Health and
32 Developmental Disabilities Code, or
33 (iii) who are female children who are
34 pregnant, pregnant and parenting or parenting,
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1 or
2 (iv) who are siblings,
3 in facilities that provide separate living quarters
4 for children 18 years of age and older and for
5 children under 18 years of age.
6 (b) Nothing in this Section shall be construed to
7 authorize the expenditure of public funds for the purpose of
8 performing abortions.
9 (c) The Department shall establish and maintain
10 tax-supported child welfare services and extend and seek to
11 improve voluntary services throughout the State, to the end
12 that services and care shall be available on an equal basis
13 throughout the State to children requiring such services.
14 (d) The Director may authorize advance disbursements for
15 any new program initiative to any agency contracting with the
16 Department. As a prerequisite for an advance disbursement,
17 the contractor must post a surety bond in the amount of the
18 advance disbursement and have a purchase of service contract
19 approved by the Department. The Department may pay up to 2
20 months operational expenses in advance. The amount of the
21 advance disbursement shall be prorated over the life of the
22 contract or the remaining months of the fiscal year,
23 whichever is less, and the installment amount shall then be
24 deducted from future bills. Advance disbursement
25 authorizations for new initiatives shall not be made to any
26 agency after that agency has operated during 2 consecutive
27 fiscal years. The requirements of this Section concerning
28 advance disbursements shall not apply with respect to the
29 following: payments to local public agencies for child day
30 care services as authorized by Section 5a of this Act; and
31 youth service programs receiving grant funds under Section
32 17a-4.
33 (e) (Blank).
34 (f) (Blank).
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1 (g) The Department shall establish rules and regulations
2 concerning its operation of programs designed to meet the
3 goals of child safety and protection, family preservation,
4 family reunification, and adoption, including but not limited
5 to:
6 (1) adoption;
7 (2) foster care;
8 (3) family counseling;
9 (4) protective services;
10 (5) (blank);
11 (6) homemaker service;
12 (7) return of runaway children;
13 (8) (blank);
14 (9) placement under Section 5-7 of the Juvenile
15 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
16 Juvenile Court Act of 1987 in accordance with the federal
17 Adoption Assistance and Child Welfare Act of 1980; and
18 (10) interstate services.
19 Rules and regulations established by the Department shall
20 include provisions for training Department staff and the
21 staff of Department grantees, through contracts with other
22 agencies or resources, in alcohol and drug abuse screening
23 techniques to identify children and adults who should be
24 referred to an alcohol and drug abuse treatment program for
25 professional evaluation.
26 (h) If the Department finds that there is no appropriate
27 program or facility within or available to the Department for
28 a ward and that no licensed private facility has an adequate
29 and appropriate program or none agrees to accept the ward,
30 the Department shall create an appropriate individualized,
31 program-oriented plan for such ward. The plan may be
32 developed within the Department or through purchase of
33 services by the Department to the extent that it is within
34 its statutory authority to do.
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1 (i) Service programs shall be available throughout the
2 State and shall include but not be limited to the following
3 services:
4 (1) case management;
5 (2) homemakers;
6 (3) counseling;
7 (4) parent education;
8 (5) day care; and
9 (6) emergency assistance and advocacy.
10 In addition, the following services may be made available
11 to assess and meet the needs of children and families:
12 (1) comprehensive family-based services;
13 (2) assessments;
14 (3) respite care; and
15 (4) in-home health services.
16 The Department shall provide transportation for any of
17 the services it makes available to children or families or
18 for which it refers children or families.
19 (j) The Department may provide categories of financial
20 assistance and education assistance grants, and shall
21 establish rules and regulations concerning the assistance and
22 grants, to persons who adopt physically or mentally
23 handicapped, older and other hard-to-place children who
24 immediately prior to their adoption were legal wards of the
25 Department. The Department may also provide categories of
26 financial assistance and education assistance grants, and
27 shall establish rules and regulations for the assistance and
28 grants, to persons appointed guardian of the person under
29 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
30 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
31 who were wards of the Department for 12 months immediately
32 prior to the appointment of the successor guardian and for
33 whom the Department has set a goal of permanent family
34 placement with a foster family.
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1 The amount of assistance may vary, depending upon the
2 needs of the child and the adoptive parents, as set forth in
3 the annual assistance agreement. Special purpose grants are
4 allowed where the child requires special service but such
5 costs may not exceed the amounts which similar services would
6 cost the Department if it were to provide or secure them as
7 guardian of the child.
8 Any financial assistance provided under this subsection
9 is inalienable by assignment, sale, execution, attachment,
10 garnishment, or any other remedy for recovery or collection
11 of a judgment or debt.
12 (k) The Department shall accept for care and training
13 any child who has been adjudicated neglected or abused, or
14 dependent committed to it pursuant to the Juvenile Court Act
15 or the Juvenile Court Act of 1987.
16 (l) Before July 1, 2000, the Department may provide, and
17 beginning July 1, 2000, the Department shall provide, family
18 preservation services, as determined to be appropriate and in
19 the child's best interests and when the child will be safe
20 and not be in imminent risk of harm, to any family whose
21 child has been placed in substitute care, any persons who
22 have adopted a child and require post-adoption services, or
23 any persons whose child or children are at risk of being
24 placed outside their home as documented by an "indicated"
25 report of suspected child abuse or neglect determined
26 pursuant to the Abused and Neglected Child Reporting Act.
27 Nothing in this paragraph shall be construed to create a
28 private right of action or claim on the part of any
29 individual or child welfare agency.
30 The Department shall notify the child and his family of
31 the Department's responsibility to offer and provide family
32 preservation services as identified in the service plan. The
33 child and his family shall be eligible for services as soon
34 as the report is determined to be "indicated". The
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1 Department may offer services to any child or family with
2 respect to whom a report of suspected child abuse or neglect
3 has been filed, prior to concluding its investigation under
4 Section 7.12 of the Abused and Neglected Child Reporting Act.
5 However, the child's or family's willingness to accept
6 services shall not be considered in the investigation. The
7 Department may also provide services to any child or family
8 who is the subject of any report of suspected child abuse or
9 neglect or may refer such child or family to services
10 available from other agencies in the community, even if the
11 report is determined to be unfounded, if the conditions in
12 the child's or family's home are reasonably likely to subject
13 the child or family to future reports of suspected child
14 abuse or neglect. Acceptance of such services shall be
15 voluntary.
16 The Department may, at its discretion except for those
17 children also adjudicated neglected or dependent, accept for
18 care and training any child who has been adjudicated
19 addicted, as a truant minor in need of supervision or as a
20 minor requiring authoritative intervention, under the
21 Juvenile Court Act or the Juvenile Court Act of 1987, but no
22 such child shall be committed to the Department by any court
23 without the approval of the Department. A minor charged with
24 a criminal offense under the Criminal Code of 1961 or
25 adjudicated delinquent shall not be placed in the custody of
26 or committed to the Department by any court, except a minor
27 less than 13 years of age committed to the Department under
28 Section 5-23 of the Juvenile Court Act of 1987.
29 (l-1) The legislature recognizes that the best interests
30 of the child require that the child be placed in the most
31 permanent living arrangement as soon as is practically
32 possible. To achieve this goal, the legislature directs the
33 Department of Children and Family Services to conduct
34 concurrent planning so that permanency may occur at the
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1 earliest opportunity. Permanent living arrangements may
2 include prevention of placement of a child outside the home
3 of the family when the child can be cared for at home without
4 endangering the child's health or safety; reunification with
5 the family, when safe and appropriate, if temporary placement
6 is necessary; or movement of the child toward the most
7 permanent living arrangement and permanent legal status.
8 When a child is placed in foster care, the Department
9 shall ensure and document that reasonable efforts were made
10 to prevent or eliminate the need to remove the child from the
11 child's home. The Department must make reasonable efforts to
12 reunify the family when temporary placement of the child
13 occurs or must request a finding from the court that
14 reasonable efforts are not appropriate or have been
15 unsuccessful. At any time after the dispositional hearing
16 where the Department believes that further reunification
17 services would be ineffective, it may request a finding from
18 the court that reasonable efforts are no longer appropriate.
19 The Department is not required to provide further
20 reunification services after such a finding.
21 A decision to place a child in substitute care shall be
22 made with considerations of the child's health, safety, and
23 best interests. At the time of placement, consideration
24 should also be given so that if reunification fails or is
25 delayed, the placement made is the best available placement
26 to provide permanency for the child.
27 The Department shall adopt rules addressing concurrent
28 planning for reunification and permanency. The Department
29 shall consider the following factors when determining
30 appropriateness of concurrent planning:
31 (1) the likelihood of prompt reunification;
32 (2) the past history of the family;
33 (3) the barriers to reunification being addressed
34 by the family;
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1 (4) the level of cooperation of the family;
2 (5) the foster parents' willingness to work with
3 the family to reunite;
4 (6) the willingness and ability of the foster
5 family to provide an adoptive home or long-term
6 placement;
7 (7) the age of the child;
8 (8) placement of siblings.
9 (m) The Department may assume temporary custody of any
10 child if:
11 (1) it has received a written consent to such
12 temporary custody signed by the parents of the child or
13 by the parent having custody of the child if the parents
14 are not living together or by the guardian or custodian
15 of the child if the child is not in the custody of either
16 parent, or
17 (2) the child is found in the State and neither a
18 parent, guardian nor custodian of the child can be
19 located.
20 If the child is found in his or her residence without a
21 parent, guardian, custodian or responsible caretaker, the
22 Department may, instead of removing the child and assuming
23 temporary custody, place an authorized representative of the
24 Department in that residence until such time as a parent,
25 guardian or custodian enters the home and expresses a
26 willingness and apparent ability to ensure the child's health
27 and safety and resume permanent charge of the child, or until
28 a relative enters the home and is willing and able to ensure
29 the child's health and safety and assume charge of the child
30 until a parent, guardian or custodian enters the home and
31 expresses such willingness and ability to ensure the child's
32 safety and resume permanent charge. After a caretaker has
33 remained in the home for a period not to exceed 12 hours, the
34 Department must follow those procedures outlined in Section
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1 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
2 The Department shall have the authority, responsibilities
3 and duties that a legal custodian of the child would have
4 pursuant to subsection (9) of Section 1-3 of the Juvenile
5 Court Act of 1987. Whenever a child is taken into temporary
6 custody pursuant to an investigation under the Abused and
7 Neglected Child Reporting Act, or pursuant to a referral and
8 acceptance under the Juvenile Court Act of 1987 of a minor in
9 limited custody, the Department, during the period of
10 temporary custody and before the child is brought before a
11 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
12 of the Juvenile Court Act of 1987, shall have the authority,
13 responsibilities and duties that a legal custodian of the
14 child would have under subsection (9) of Section 1-3 of the
15 Juvenile Court Act of 1987.
16 The Department shall ensure that any child taken into
17 custody is scheduled for an appointment for a medical
18 examination.
19 A parent, guardian or custodian of a child in the
20 temporary custody of the Department who would have custody of
21 the child if he were not in the temporary custody of the
22 Department may deliver to the Department a signed request
23 that the Department surrender the temporary custody of the
24 child. The Department may retain temporary custody of the
25 child for 10 days after the receipt of the request, during
26 which period the Department may cause to be filed a petition
27 pursuant to the Juvenile Court Act of 1987. If a petition is
28 so filed, the Department shall retain temporary custody of
29 the child until the court orders otherwise. If a petition is
30 not filed within the 10 day period, the child shall be
31 surrendered to the custody of the requesting parent, guardian
32 or custodian not later than the expiration of the 10 day
33 period, at which time the authority and duties of the
34 Department with respect to the temporary custody of the child
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1 shall terminate.
2 (n) The Department may place children under 18 years of
3 age in licensed child care facilities when in the opinion of
4 the Department, appropriate services aimed at family
5 preservation have been unsuccessful and cannot ensure the
6 child's health and safety or are unavailable and such
7 placement would be for their best interest. Payment for
8 board, clothing, care, training and supervision of any child
9 placed in a licensed child care facility may be made by the
10 Department, by the parents or guardians of the estates of
11 those children, or by both the Department and the parents or
12 guardians, except that no payments shall be made by the
13 Department for any child placed in a licensed child care
14 facility for board, clothing, care, training and supervision
15 of such a child that exceed the average per capita cost of
16 maintaining and of caring for a child in institutions for
17 dependent or neglected children operated by the Department.
18 However, such restriction on payments does not apply in cases
19 where children require specialized care and treatment for
20 problems of severe emotional disturbance, physical
21 disability, social adjustment, or any combination thereof and
22 suitable facilities for the placement of such children are
23 not available at payment rates within the limitations set
24 forth in this Section. All reimbursements for services
25 delivered shall be absolutely inalienable by assignment,
26 sale, attachment, garnishment or otherwise.
27 (o) The Department shall establish an administrative
28 review and appeal process for children and families who
29 request or receive child welfare services from the
30 Department. Children who are wards of the Department and are
31 placed by private child welfare agencies, and foster families
32 with whom those children are placed, shall be afforded the
33 same procedural and appeal rights as children and families in
34 the case of placement by the Department, including the right
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1 to an initial review of a private agency decision by that
2 agency. The Department shall insure that any private child
3 welfare agency, which accepts wards of the Department for
4 placement, affords those rights to children and foster
5 families. The Department shall accept for administrative
6 review and an appeal hearing a complaint made by a child or
7 foster family concerning a decision following an initial
8 review by a private child welfare agency. An appeal of a
9 decision concerning a change in the placement of a child
10 shall be conducted in an expedited manner.
11 (p) There is hereby created the Department of Children
12 and Family Services Emergency Assistance Fund from which the
13 Department may provide special financial assistance to
14 families which are in economic crisis when such assistance is
15 not available through other public or private sources and the
16 assistance is deemed necessary to prevent dissolution of the
17 family unit or to reunite families which have been separated
18 due to child abuse and neglect. The Department shall
19 establish administrative rules specifying the criteria for
20 determining eligibility for and the amount and nature of
21 assistance to be provided. The Department may also enter
22 into written agreements with private and public social
23 service agencies to provide emergency financial services to
24 families referred by the Department. Special financial
25 assistance payments shall be available to a family no more
26 than once during each fiscal year and the total payments to a
27 family may not exceed $500 during a fiscal year.
28 (q) The Department may receive and use, in their
29 entirety, for the benefit of children any gift, donation or
30 bequest of money or other property which is received on
31 behalf of such children, or any financial benefits to which
32 such children are or may become entitled while under the
33 jurisdiction or care of the Department.
34 The Department shall set up and administer no-cost,
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1 interest-bearing savings accounts in appropriate financial
2 institutions ("individual accounts") for children for whom
3 the Department is legally responsible and who have been
4 determined eligible for Veterans' Benefits, Social Security
5 benefits, assistance allotments from the armed forces, court
6 ordered payments, parental voluntary payments, Supplemental
7 Security Income, Railroad Retirement payments, Black Lung
8 benefits, or other miscellaneous payments. Interest earned
9 by each individual account shall be credited to the account,
10 unless disbursed in accordance with this subsection.
11 In disbursing funds from children's individual accounts,
12 the Department shall:
13 (1) Establish standards in accordance with State
14 and federal laws for disbursing money from children's
15 individual accounts. In all circumstances, the
16 Department's "Guardianship Administrator" or his or her
17 designee must approve disbursements from children's
18 individual accounts. The Department shall be responsible
19 for keeping complete records of all disbursements for
20 each individual account for any purpose.
21 (2) Calculate on a monthly basis the amounts paid
22 from State funds for the child's board and care, medical
23 care not covered under Medicaid, and social services; and
24 utilize funds from the child's individual account, as
25 covered by regulation, to reimburse those costs.
26 Monthly, disbursements from all children's individual
27 accounts, up to 1/12 of $13,000,000, shall be deposited
28 by the Department into the General Revenue Fund and the
29 balance over 1/12 of $13,000,000 into the DCFS Children's
30 Services Fund.
31 (3) Maintain any balance remaining after
32 reimbursing for the child's costs of care, as specified
33 in item (2). The balance shall accumulate in accordance
34 with relevant State and federal laws and shall be
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1 disbursed to the child or his or her guardian, or to the
2 issuing agency.
3 (r) The Department shall promulgate regulations
4 encouraging all adoption agencies to voluntarily forward to
5 the Department or its agent names and addresses of all
6 persons who have applied for and have been approved for
7 adoption of a hard-to-place or handicapped child and the
8 names of such children who have not been placed for adoption.
9 A list of such names and addresses shall be maintained by the
10 Department or its agent, and coded lists which maintain the
11 confidentiality of the person seeking to adopt the child and
12 of the child shall be made available, without charge, to
13 every adoption agency in the State to assist the agencies in
14 placing such children for adoption. The Department may
15 delegate to an agent its duty to maintain and make available
16 such lists. The Department shall ensure that such agent
17 maintains the confidentiality of the person seeking to adopt
18 the child and of the child.
19 (s) The Department of Children and Family Services may
20 establish and implement a program to reimburse Department and
21 private child welfare agency foster parents licensed by the
22 Department of Children and Family Services for damages
23 sustained by the foster parents as a result of the malicious
24 or negligent acts of foster children, as well as providing
25 third party coverage for such foster parents with regard to
26 actions of foster children to other individuals. Such
27 coverage will be secondary to the foster parent liability
28 insurance policy, if applicable. The program shall be funded
29 through appropriations from the General Revenue Fund,
30 specifically designated for such purposes.
31 (t) The Department shall perform home studies and
32 investigations and shall exercise supervision over visitation
33 as ordered by a court pursuant to the Illinois Marriage and
34 Dissolution of Marriage Act or the Adoption Act only if:
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1 (1) an order entered by an Illinois court
2 specifically directs the Department to perform such
3 services; and
4 (2) the court has ordered one or both of the
5 parties to the proceeding to reimburse the Department for
6 its reasonable costs for providing such services in
7 accordance with Department rules, or has determined that
8 neither party is financially able to pay.
9 The Department shall provide written notification to the
10 court of the specific arrangements for supervised visitation
11 and projected monthly costs within 60 days of the court
12 order. The Department shall send to the court information
13 related to the costs incurred except in cases where the court
14 has determined the parties are financially unable to pay. The
15 court may order additional periodic reports as appropriate.
16 (u) Whenever the Department places a child in a licensed
17 foster home, group home, child care institution, or in a
18 relative home, the Department shall provide to the caretaker:
19 (1) available detailed information concerning the
20 child's educational and health history, copies of
21 immunization records (including insurance and medical
22 card information), a history of the child's previous
23 placements, if any, and reasons for placement changes
24 excluding any information that identifies or reveals the
25 location of any previous caretaker;
26 (2) a copy of the child's portion of the client
27 service plan, including any visitation arrangement, and
28 all amendments or revisions to it as related to the
29 child; and
30 (3) information containing details of the child's
31 individualized educational plan when the child is
32 receiving special education services.
33 The caretaker shall be informed of any known social or
34 behavioral information (including, but not limited to,
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1 criminal background, fire setting, perpetuation of sexual
2 abuse, destructive behavior, and substance abuse) necessary
3 to care for and safeguard the child.
4 (u-5) Effective July 1, 1995, only foster care
5 placements licensed as foster family homes pursuant to the
6 Child Care Act of 1969 shall be eligible to receive foster
7 care payments from the Department. Relative caregivers who,
8 as of July 1, 1995, were approved pursuant to approved
9 relative placement rules previously promulgated by the
10 Department at 89 Ill. Adm. Code 335 and had submitted an
11 application for licensure as a foster family home may
12 continue to receive foster care payments only until the
13 Department determines that they may be licensed as a foster
14 family home or that their application for licensure is denied
15 or until September 30, 1995, whichever occurs first.
16 (v) The Department shall access criminal history record
17 information as defined in the Illinois Uniform Conviction
18 Information Act and information maintained in the
19 adjudicatory and dispositional record system as defined in
20 subdivision (A)19 of Section 100-355 55a of the Department of
21 State Police Law (20 ILCS 2605/100-355) Civil Administrative
22 Code of Illinois if the Department determines the information
23 is necessary to perform its duties under the Abused and
24 Neglected Child Reporting Act, the Child Care Act of 1969,
25 and the Children and Family Services Act. The Department
26 shall provide for interactive computerized communication and
27 processing equipment that permits direct on-line
28 communication with the Department of State Police's central
29 criminal history data repository. The Department shall
30 comply with all certification requirements and provide
31 certified operators who have been trained by personnel from
32 the Department of State Police. In addition, one Office of
33 the Inspector General investigator shall have training in the
34 use of the criminal history information access system and
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1 have access to the terminal. The Department of Children and
2 Family Services and its employees shall abide by rules and
3 regulations established by the Department of State Police
4 relating to the access and dissemination of this information.
5 (w) Within 120 days of August 20, 1995 (the effective
6 date of Public Act 89-392), the Department shall prepare and
7 submit to the Governor and the General Assembly, a written
8 plan for the development of in-state licensed secure child
9 care facilities that care for children who are in need of
10 secure living arrangements for their health, safety, and
11 well-being. For purposes of this subsection, secure care
12 facility shall mean a facility that is designed and operated
13 to ensure that all entrances and exits from the facility, a
14 building or a distinct part of the building, are under the
15 exclusive control of the staff of the facility, whether or
16 not the child has the freedom of movement within the
17 perimeter of the facility, building, or distinct part of the
18 building. The plan shall include descriptions of the types
19 of facilities that are needed in Illinois; the cost of
20 developing these secure care facilities; the estimated number
21 of placements; the potential cost savings resulting from the
22 movement of children currently out-of-state who are projected
23 to be returned to Illinois; the necessary geographic
24 distribution of these facilities in Illinois; and a proposed
25 timetable for development of such facilities.
26 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
27 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
28 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
29 revised 10-20-97.)
30 Section 5-145. The Financial Institutions Code is amended
31 by changing Section 6 as follows:
32 (20 ILCS 1205/6) (from Ch. 17, par. 106)
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1 Sec. 6. In addition to the duties imposed elsewhere in
2 this Act, the Department has the following powers:
3 (1) To exercise the rights, powers and duties vested by
4 law in the Auditor of Public Accounts under "An Act to
5 provide for the incorporation, management and regulation of
6 pawners' societies and limiting the rate of compensation to
7 be paid for advances, storage and insurance on pawns and
8 pledges and to allow the loaning of money upon personal
9 property", approved March 29, 1899, as amended.
10 (2) To exercise the rights, powers and duties vested by
11 law in the Auditor of Public Accounts under "An Act in
12 relation to the definition, licensing and regulation of
13 community currency exchanges and ambulatory currency
14 exchanges, and the operators and employees thereof, and to
15 make an appropriation therefor, and to provide penalties and
16 remedies for the violation thereof", approved June 30, 1943,
17 as amended.
18 (3) To exercise the rights, powers, and duties vested by
19 law in the Auditor of Public Accounts under "An Act in
20 relation to the buying and selling of foreign exchange and
21 the transmission or transfer of money to foreign countries",
22 approved June 28, 1923, as amended.
23 (4) To exercise the rights, powers, and duties vested by
24 law in the Auditor of Public Accounts under "An Act to
25 provide for and regulate the business of guaranteeing titles
26 to real estate by corporations", approved May 13, 1901, as
27 amended.
28 (5) To exercise the rights, powers and duties vested by
29 law in the Department of Insurance under "An Act to define,
30 license, and regulate the business of making loans of eight
31 hundred dollars or less, permitting an interest charge
32 thereon greater than otherwise allowed by law, authorizing
33 and regulating the assignment of wages or salary when taken
34 as security for any such loan or as consideration for a
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1 payment of eight hundred dollars or less, providing
2 penalties, and to repeal Acts therein named", approved July
3 11, 1935, as amended.
4 (6) To administer and enforce "An Act to license and
5 regulate the keeping and letting of safety deposit boxes,
6 safes, and vaults, and the opening thereof, and to repeal a
7 certain Act therein named", approved June 13, 1945, as
8 amended.
9 (7) Whenever the Department is authorized or required by
10 law to consider some aspect of criminal history record
11 information for the purpose of carrying out its statutory
12 powers and responsibilities, then, upon request and payment
13 of fees in conformance with the requirements of subsection 22
14 of Section 100-400 55a of "the Department of State Police Law
15 (20 ILCS 2605/100-400) Civil Administrative Code of
16 Illinois", the Department of State Police is authorized to
17 furnish, pursuant to positive identification, such
18 information contained in State files as is necessary to
19 fulfill the request.
20 (Source: P.A. 86-610.)
21 Section 5-147. The Department of Human Services Act is
22 amended by changing Sections 1-15 and 10-25 as follows:
23 (20 ILCS 1305/1-15)
24 Sec. 1-15. Department; Secretary; organization.
25 (a) The Department of Human Services, created in Section
26 5-15 3 of the Departments of State Government Law (20 ILCS
27 5/5-15) Civil Administrative Code of Illinois, shall begin
28 operation on July 1, 1997.
29 (b) The Department shall be under the direction of the
30 Secretary of Human Services and 2 Assistant Secretaries, as
31 provided in the Civil Administrative Code of Illinois.
32 (c) The Governor may appoint up to 7 Associate
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1 Secretaries to head the major programmatic divisions of the
2 Department. Associate Secretaries shall be appointed for
3 2-year terms and shall be subject to confirmation by the
4 Senate in the same manner as the Assistant Secretaries. The
5 compensation of Associate Secretaries shall be determined by
6 the Secretary.
7 (d) The Secretary shall create divisions and
8 administrative units within the Department and shall assign
9 functions, powers, duties, and personnel as may now or in the
10 future be required by federal law. The Secretary may create
11 other divisions and administrative units and may assign other
12 functions, powers, duties, and personnel as may be necessary
13 or desirable to carry out the functions and responsibilities
14 vested by law in the Department.
15 (Source: P.A. 89-507, eff. 7-3-96.)
16 (20 ILCS 1305/10-25)
17 Sec. 10-25. Women, Infants, and Children Nutrition
18 Program.
19 (a) The Department shall participate in the Women,
20 Infants and Children Nutrition program of the federal
21 government to the maximum extent permitted by the federal
22 appropriation and allocation to the State of Illinois. The
23 Department shall report quarterly to the Governor and the
24 General Assembly the status of obligations and expenditures
25 of the WIC nutrition program appropriation and make
26 recommendations on actions necessary to expend all available
27 federal funds. Other appropriations and funds from any
28 public or private source in addition to federal funds may be
29 used by the Department for the purpose of maximum
30 participation in the WIC nutrition program.
31 (b) The Department shall maintain a drug abuse education
32 program for participants in the Women, Infants and Children
33 Nutrition Program. The program shall include but need not be
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1 limited to (1) the provision of information concerning the
2 dangers of drug abuse and (2) the referral of participants
3 who are suspected drug abusers to drug abuse clinics,
4 treatment programs, counselors or other drug abuse treatment
5 providers.
6 (c) The Department shall cooperate with the Department
7 of Public Health for purposes of the smoking cessation
8 program for participants in the Women, Infants and Children
9 Nutrition Program maintained by the Department of Public
10 Health under Section 90-435 55.44 of the Department of Public
11 Health Powers and Duties Law (20 ILCS 2310/90-435) Civil
12 Administrative Code of Illinois.
13 (d) The Department may contract with any bank as defined
14 by the Illinois Banking Act to redeem bank drafts issued by
15 the Department under the United States Department of
16 Agriculture Special Supplemental Food Program for Women,
17 Infants and Children (WIC). Any bank with which the
18 Department has entered into a contract to redeem bank drafts
19 may receive, pursuant to an appropriation to the Department,
20 an initial advance and periodic payment of funds for the
21 Women, Infants and Children Program in amounts determined by
22 the Secretary. Notwithstanding any other law, such funds
23 shall be retained in a separate account by the bank. Any
24 interest earned by monies in such account shall accrue to the
25 USDA Women, Infants and Children Fund and shall be used
26 exclusively for the redemption of bank drafts issued by the
27 Department. WIC program food funds received by the bank from
28 the Department shall be used exclusively for the redemption
29 of bank drafts. The bank shall not use such food funds, or
30 interest accrued thereon, for any other purpose including,
31 but not limited to, reimbursement of administrative expenses
32 or payments of administrative fees due the bank pursuant to
33 its contract or contracts with the Department.
34 Such initial and periodic payments by the Department to
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1 the bank shall be effected, pursuant to an appropriation, in
2 an amount needed for the redemption of bank drafts issued by
3 the Department under the United States Department of
4 Agriculture Special Supplemental Food Program for Women,
5 Infants and Children in any initial or succeeding period.
6 The State Comptroller shall, upon presentation by the
7 Secretary of adequate certification of funds needed for
8 redemption of bank drafts, promptly draw a warrant payable to
9 the bank for deposit to the separate account of the bank.
10 Such certification may be in magnetic tape or computer output
11 form, indicating the amount of the total payment made by the
12 bank for the redemption of bank drafts from funds provided to
13 the bank under this Section.
14 The separate account of the bank established under this
15 Section, any payments to that account, and the use of such
16 account and funds shall be subject to (1) audit by the
17 Department or a private contractor authorized by the
18 Department to conduct audits, including but not limited to
19 such audits as may be required by State law, (2) audit by the
20 federal government or a private contractor authorized by the
21 federal government, and (3) post audit pursuant to the
22 Illinois State Auditing Act.
23 (e) The Department may include a program of lactation
24 support services as part of the benefits and services
25 provided for pregnant and breast feeding participants in the
26 Women, Infants and Children Nutrition Program. The program
27 may include payment for breast pumps, breast shields, or any
28 supply deemed essential for the successful maintenance of
29 lactation, as well as lactation specialists who are
30 registered nurses, licensed dietitians, or persons who have
31 successfully completed a lactation management training
32 program.
33 (f) The Department shall coordinate the operation of the
34 Women, Infants and Children program with the Medicaid program
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1 by interagency agreement whereby each program provides
2 information about the services offered by the other to
3 applicants for services.
4 (Source: P.A. 89-507, eff. 7-1-97; 90-290, eff. 1-1-98.)
5 Section 5-150. The Department of Public Health Act is
6 amended by changing Section 2 as follows:
7 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
8 Sec. 2. Powers.
9 (a) The State Department of Public Health has general
10 supervision of the interests of the health and lives of the
11 people of the State. It has supreme authority in matters of
12 quarantine, and may declare and enforce quarantine when none
13 exists, and may modify or relax quarantine when it has been
14 established. The Department may adopt, promulgate, repeal
15 and amend rules and regulations and make such sanitary
16 investigations and inspections as it may from time to time
17 deem necessary for the preservation and improvement of the
18 public health, consistent with law regulating the following:
19 (1) Transportation of the remains of deceased
20 persons.
21 (2) Sanitary practices relating to drinking water
22 made accessible to the public for human consumption or
23 for lavatory or culinary purposes.
24 (3) Sanitary practices relating to rest room
25 facilities made accessible to the public or to persons
26 handling food served to the public.
27 (4) Sanitary practices relating to disposal of
28 human wastes in or from all buildings and places where
29 people live, work or assemble.
30 The provisions of the Illinois Administrative Procedure
31 Act are hereby expressly adopted and shall apply to all
32 administrative rules and procedures of the Department of
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1 Public Health under this Act, except that Section 5-35 of the
2 Illinois Administrative Procedure Act relating to procedures
3 for rule-making does not apply to the adoption of any rule
4 required by federal law in connection with which the
5 Department is precluded by law from exercising any
6 discretion.
7 All local boards of health, health authorities and
8 officers, police officers, sheriffs and all other officers
9 and employees of the state or any locality shall enforce the
10 rules and regulations so adopted.
11 The Department of Public Health shall conduct a public
12 information campaign to inform Hispanic women of the high
13 incidence of breast cancer and the importance of mammograms
14 and where to obtain a mammogram. This requirement may be
15 satisfied by translation into Spanish and distribution of the
16 breast cancer summaries required by Section 90-345 55.49 of
17 the Department of Public Health Powers and Duties Law (20
18 ILCS 2310/90-345) Civil Administrative Code of Illinois. The
19 information provided by the Department of Public Health shall
20 include (i) a statement that mammography is the most accurate
21 method for making an early detection of breast cancer,
22 however, no diagnostic tool is 100% effective and (ii)
23 instructions for performing breast self-examination and a
24 statement that it is important to perform a breast
25 self-examination monthly.
26 The Department of Public Health shall investigate the
27 causes of dangerously contagious or infectious diseases,
28 especially when existing in epidemic form, and take means to
29 restrict and suppress the same, and whenever such disease
30 becomes, or threatens to become epidemic, in any locality and
31 the local board of health or local authorities neglect or
32 refuse to enforce efficient measures for its restriction or
33 suppression or to act with sufficient promptness or
34 efficiency, or whenever the local board of health or local
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1 authorities neglect or refuse to promptly enforce efficient
2 measures for the restriction or suppression of dangerously
3 contagious or infectious diseases, the Department of Public
4 Health may enforce such measures as it deems necessary to
5 protect the public health, and all necessary expenses so
6 incurred shall be paid by the locality for which services are
7 rendered.
8 (b) Subject to the provisions of subsection (c), the
9 Department may order a person to be quarantined or isolated
10 or a place to be closed and made off limits to the public to
11 prevent the probable spread of a dangerously contagious or
12 infectious disease, including non-compliant tuberculosis
13 patients, until such time as the condition can be corrected
14 or the danger to the public health eliminated or reduced in
15 such a manner that no substantial danger to the public's
16 health any longer exists.
17 (c) No person may be ordered to be quarantined or
18 isolated and no place may be ordered to be closed and made
19 off limits to the public except with the consent of the
20 person or owner of the place or upon the order of a court of
21 competent jurisdiction. To obtain a court order, the
22 Department, by clear and convincing evidence, must prove that
23 the public's health and welfare are significantly endangered
24 by a person with a dangerously contagious or infectious
25 disease including non-compliant tuberculosis patients or by a
26 place where there is a significant amount of activity likely
27 to spread a dangerously contagious or infectious disease.
28 The Department must also prove that all other reasonable
29 means of correcting the problem have been exhausted and no
30 less restrictive alternative exists.
31 (d) This Section shall be considered supplemental to the
32 existing authority and powers of the Department and shall not
33 be construed to restrain or restrict the Department in
34 protecting the public health under any other provisions of
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1 the law.
2 (e) Any person who knowingly or maliciously disseminates
3 any false information or report concerning the existence of
4 any dangerously contagious or infectious disease in
5 connection with the Department's power of quarantine,
6 isolation and closure or refuses to comply with a quarantine,
7 isolation or closure order is guilty of a Class A
8 misdemeanor.
9 (f) The Department of Public Health may establish and
10 maintain a chemical and bacteriologic laboratory for the
11 examination of water and wastes, and for the diagnosis of
12 diphtheria, typhoid fever, tuberculosis, malarial fever and
13 such other diseases as it deems necessary for the protection
14 of the public health.
15 As used in this Act, "locality" means any governmental
16 agency which exercises power pertaining to public health in
17 an area less than the State.
18 The terms "sanitary investigations and inspections" and
19 "sanitary practices" as used in this Act shall not include or
20 apply to "Public Water Supplies" or "Sewage Works" as defined
21 in the Environmental Protection Act.
22 (Source: P.A. 88-45; 89-187, eff. 7-19-95; 89-381, eff.
23 8-18-95; 89-626, eff. 8-9-96.)
24 Section 5-155. The Disabled Persons Rehabilitation Act is
25 amended by changing Section 12a as follows:
26 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
27 Sec. 12a. Centers for independent living.
28 (a) Purpose. Recognizing that persons with severe
29 disabilities deserve a high quality of life within their
30 communities regardless of their disabilities, the Department,
31 working with the Statewide Independent Living Council, shall
32 develop a State plan for submission on an annual basis to the
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1 Commissioner. The Department shall adopt rules for
2 implementing the State plan in accordance with the federal
3 Act, including rules adopted under the federal Act governing
4 the award of grants.
5 (b) Definitions. As used in this Section, unless the
6 context clearly requires otherwise:
7 "Federal Act" means the federal 1973 Rehabilitation Act.
8 "Center for independent living" means a consumer
9 controlled, community based, cross-disability,
10 non-residential, private non-profit agency that is designated
11 and operated within a local community by individuals with
12 disabilities and provides an array of independent living
13 services.
14 "Consumer controlled" means that the center for
15 independent living vests power and authority in individuals
16 with disabilities and that at least 51% of the directors of
17 the center are persons with one or more disabilities as
18 defined by this Act.
19 "Commissioner" means the Commissioner of the
20 Rehabilitation Services Administration in the United States
21 Department of Health and Human Services.
22 "Council" means the Statewide Independent Living Council
23 appointed under subsection (d).
24 "Individual with a disability" means any individual who
25 has a physical or mental impairment that substantially limits
26 a major life activity, has a record of such an impairment, or
27 is regarded as having such an impairment.
28 "Individual with a severe disability" means an individual
29 with a severe physical or mental impairment, whose ability to
30 function independently in the family or community or whose
31 ability to obtain, maintain, or advance in employment is
32 substantially limited and for whom the delivery of
33 independent living services will improve the ability to
34 function, continue functioning, or move toward functioning
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1 independently in the family or community or to continue in
2 employment.
3 "State plan" means the materials submitted by the
4 Department to the Commissioner on an annual basis that
5 contain the State's proposal for:
6 (1) The provision of statewide independent living
7 services.
8 (2) The development and support of a statewide
9 network of centers for independent living.
10 (3) Working relationships between (i) programs
11 providing independent living services and independent
12 living centers and (ii) the vocational rehabilitation
13 program administered by the Department under the federal
14 Act and other programs providing services for individuals
15 with disabilities.
16 (c) Authority. The unit of the Department headed by the
17 vocational rehabilitation administrator shall be designated
18 the State unit under Title VII of the federal Act and shall
19 have the following responsibilities:
20 (1) To receive, account for, and disburse funds
21 received by the State under the federal Act based on the
22 State plan.
23 (2) To provide administrative support services to
24 centers for independent living programs.
25 (3) To keep records, and take such actions with
26 respect to those records, as the Commissioner finds to be
27 necessary with respect to the programs.
28 (4) To submit additional information or provide
29 assurances the Commissioner may require with respect to
30 the programs.
31 The vocational rehabilitation administrator and the
32 Chairperson of the Council are responsible for jointly
33 developing and signing the State plan required by Section 704
34 of the federal Act. The State plan shall conform to the
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1 requirements of Section 704 of the federal Act.
2 (d) Statewide Independent Living Council.
3 The Governor shall appoint a Statewide Independent Living
4 Council, comprised of 18 members, which shall be established
5 as an entity separate and distinct from the Department. The
6 composition of the Council shall include the following:
7 (1) At least one director of a center for
8 independent living chosen by the directors of centers for
9 independent living within the State.
10 (2) A representative from the unit of the
11 Department of Human Services responsible for the
12 administration of the vocational rehabilitation program
13 and a representative from another unit in the Department
14 of Human Services that provides services for individuals
15 with disabilities and a representative each from the
16 Department on Aging, the State Board of Education, and
17 the Department of Children and Family Services, all as
18 ex-officio, non-voting members who shall not be counted
19 in the 18 members appointed by the Governor.
20 In addition, the Council may include the following:
21 (A) One or more representatives of centers for
22 independent living.
23 (B) One or more parents or guardians of individuals
24 with disabilities.
25 (C) One or more advocates for individuals with
26 disabilities.
27 (D) One or more representatives of private
28 business.
29 (E) One or more representatives of organizations
30 that provide services for individuals with disabilities.
31 (F) Other appropriate individuals.
32 After soliciting recommendations from organizations
33 representing a broad range of individuals with disabilities
34 and organizations interested in individuals with
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1 disabilities, the Governor shall appoint members of the
2 Council for terms beginning July 1, 1993. The Council shall
3 be composed of members (i) who provide statewide
4 representation; (ii) who represent a broad range of
5 individuals with disabilities; (iii) who are knowledgeable
6 about centers for independent living and independent living
7 services; and (iv) a majority of whom are persons who are
8 individuals with disabilities and are not employed by any
9 State agency or center for independent living. The terms of
10 all members of the Independent Living Advisory Council who
11 were appointed for terms beginning before July 1, 1993, shall
12 expire on July 1, 1993.
13 The council shall elect a chairperson from among its
14 membership.
15 Each member of the Council shall serve for terms of 3
16 years, except that (i) a member appointed to fill a vacancy
17 occurring before the expiration of the term for which the
18 predecessor was appointed shall be appointed for the
19 remainder of that term and (ii) terms of the members
20 initially appointed after the effective date of this
21 amendatory Act of 1993 shall be as follows: 6 of the initial
22 members shall be appointed for terms of one year, 6 shall be
23 appointed for terms of 2 years, and 6 shall be appointed for
24 terms of 3 years. No member of the council may serve more
25 than 2 consecutive full terms.
26 Any vacancy occurring in the membership of the Council
27 shall be filled in the same manner as the original
28 appointment. The vacancy shall not affect the power of the
29 remaining members to execute the powers and duties of the
30 Council. The Council shall have the duties enumerated in
31 subsections (c), (d), and (e) of Section 705 of the federal
32 Act.
33 Members shall be reimbursed for their actual expenses
34 incurred in the performance of their duties, including
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1 expenses for travel, child care, and personal assistance
2 services, and a member who is not employed or who must
3 forfeit wages from other employment shall be paid reasonable
4 compensation for each day the member is engaged in performing
5 the duties of the Council. The reimbursement or compensation
6 shall be paid from moneys made available to the Department
7 under Part B of Title VII of the federal Act.
8 In addition to the powers and duties granted to advisory
9 boards by Section 5-505 8 of the Departments of State
10 Government Law (20 ILCS 5/5-505) Civil Administrative Code of
11 Illinois, the Council shall have the authority to appoint
12 jointly with the vocational rehabilitation administrator a
13 peer review committee to consider and make recommendations
14 for grants to eligible centers for independent living.
15 (e) Grants to centers for independent living. Each
16 center for independent living that receives assistance from
17 the Department under this Section shall comply with the
18 standards and provide and comply with the assurances that are
19 set forth in the State plan and consistent with Section 725
20 of the federal Act. Each center for independent living
21 receiving financial assistance from the Department shall
22 provide satisfactory assurances at the time and in the manner
23 the vocational rehabilitation administrator requires.
24 Beginning October 1, 1994, the vocational rehabilitation
25 administrator may award grants to any eligible center for
26 independent living that is receiving funds under Title VII of
27 the federal Act, unless the vocational rehabilitation
28 administrator makes a finding that the center for independent
29 living fails to comply with the standards and assurances set
30 forth in Section 725 of the federal Act.
31 If there is no center for independent living serving a
32 region of the State or the region is underserved, and the
33 State receives a federal increase in its allotment sufficient
34 to support one or more additional centers for independent
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1 living in the State, the vocational rehabilitation
2 administrator may award a grant under this subsection to one
3 or more eligible agencies, consistent with the provisions of
4 the State plan setting forth the design of the State for
5 establishing a statewide network for centers for independent
6 living.
7 In selecting from among eligible agencies in awarding a
8 grant under this subsection for a new center for independent
9 living, the vocational rehabilitation administrator and the
10 chairperson of (or other individual designated by) the
11 Council acting on behalf of and at the direction of the
12 Council shall jointly appoint a peer review committee that
13 shall rank applications in accordance with the standards and
14 assurances set forth in Section 725 of the federal Act and
15 criteria jointly established by the vocational rehabilitation
16 administrator and the chairperson or designated individual.
17 The peer review committee shall consider the ability of the
18 applicant to operate a center for independent living and
19 shall recommend an applicant to receive a grant under this
20 subsection based on the following:
21 (1) Evidence of the need for a center for
22 independent living, consistent with the State plan.
23 (2) Any past performance of the applicant in
24 providing services comparable to independent living
25 services.
26 (3) The applicant's plan for complying with, or
27 demonstrated success in complying with, the standards and
28 assurances set forth in Section 725 of the federal Act.
29 (4) The quality of key personnel of the applicant
30 and the involvement of individuals with severe
31 disabilities by the applicant.
32 (5) The budgets and cost effectiveness of the
33 applicant.
34 (6) The evaluation plan of the applicant.
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1 (7) The ability of the applicant to carry out the
2 plan.
3 The vocational rehabilitation administrator shall award
4 the grant on the basis of the recommendation of the peer
5 review committee if the actions of the committee are
6 consistent with federal and State law.
7 (f) Evaluation and review. The vocational
8 rehabilitation administrator shall periodically review each
9 center for independent living that receives funds from the
10 Department under Title VII of the federal Act, or moneys
11 appropriated from the General Revenue Fund, to determine
12 whether the center is in compliance with the standards and
13 assurances set forth in Section 725 of the federal Act. If
14 the vocational rehabilitation administrator determines that
15 any center receiving those federal or State funds is not in
16 compliance with the standards and assurances set forth in
17 Section 725, the vocational rehabilitation administrator
18 shall immediately notify the center that it is out of
19 compliance. The vocational rehabilitation administrator
20 shall terminate all funds to that center 90 days after the
21 date of notification or, in the case of a center that
22 requests an appeal, the date of any final decision, unless
23 the center submits a plan to achieve compliance within 90
24 days and that plan is approved by the vocational
25 rehabilitation administrator or (if on appeal) by the
26 Commissioner.
27 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
28 90-372, eff. 7-1-98; 90-453, eff. 8-16-97.)
29 Section 5-160. The State Police Act is amended by
30 changing Sections 1 and 17a as follows:
31 (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
32 Sec. 1. The Department of State Police, hereinafter
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1 called the Department, shall maintain divisions in accordance
2 with Section 100-25 55a-1 of the Department of State Police
3 Law (20 ILCS 2605/100-25) Civil Administrative Code of
4 Illinois. The Department, by the Director, shall appoint
5 State policemen, also known as State Police Officers, as
6 provided in this Act.
7 (Source: P.A. 85-1042.)
8 (20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
9 Sec. 17a. The Department of Central Management Services
10 shall procure and furnish to each State policeman, without
11 cost to him, public liability insurance protecting him
12 against any liability arising out of his employment to the
13 extent of the insurance policy limits not exceeding $100,000
14 or include each such State policeman under a self-insurance
15 plan implemented under Section 25-105 64.1 of the Department
16 of Central Management Services Law (20 ILCS 405/25-105) Civil
17 Administrative Code of Illinois.
18 (Source: P.A. 82-789.)
19 Section 5-165. The Criminal Identification Act is
20 amended by changing Section 3 as follows:
21 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
22 Sec. 3. (A) The Department shall file or cause to be
23 filed all plates, photographs, outline pictures,
24 measurements, descriptions and information which shall be
25 received by it by virtue of its office and shall make a
26 complete and systematic record and index of the same,
27 providing thereby a method of convenient reference and
28 comparison. The Department shall furnish, upon application,
29 all information pertaining to the identification of any
30 person or persons, a plate, photograph, outline picture,
31 description, measurements, or any data of which there is a
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1 record in its office. Such information shall be furnished to
2 peace officers of the United States, of other states or
3 territories, of the Insular possessions of the United States,
4 of foreign countries duly authorized to receive the same, to
5 all peace officers of the State of Illinois, to investigators
6 of the Illinois Law Enforcement Training Standards Board and,
7 conviction information only, to units of local government,
8 school districts and private organizations, under the
9 provisions of Section 100-10, 100-15, 100-75, 100-100,
10 100-105, 100-110, 100-115, 100-120, 100-130, 100-140,
11 100-190, 100-200, 100-205, 100-210, 100-215, 100-250,
12 100-275, 100-300, 100-305, 100-315, 100-325, 100-335,
13 100-340, 100-350, 100-355, 100-360, 100-365, 100-375,
14 100-390, 100-400, 100-405, 100-420, 100-430, 100-435,
15 100-500, 100-525, or 100-550, of the Department of State
16 Police Law (20 ILCS 2605/100-10, 2605/100-15, 2605/100-75,
17 2605/100-100, 2605/100-105, 2605/100-110, 2605/100-115,
18 2605/100-120, 2605/100-130, 2605/100-140, 2605/100-190,
19 2605/100-200, 2605/100-205, 2605/100-210, 2605/100-215,
20 2605/100-250, 2605/100-275, 2605/100-300, 2605/100-305,
21 2605/100-315, 2605/100-325, 2605/100-335, 2605/100-340,
22 2605/100-350, 2605/100-355, 2605/100-360, 2605/100-365,
23 2605/100-375, 2605/100-390, 2605/100-400, 2605/100-405,
24 2605/100-420, 2605/100-430, 2605/100-435, 2605/100-500,
25 2605/100-525, or 2605/100-550) Section 55a of the Civil
26 Administrative Code of Illinois. Applications shall be in
27 writing and accompanied by a certificate, signed by the peace
28 officer or chief administrative officer or his designee
29 making such application, to the effect that the information
30 applied for is necessary in the interest of and will be used
31 solely in the due administration of the criminal laws or for
32 the purpose of evaluating the qualifications and character of
33 employees or prospective employees of units of local
34 government and school districts and of employees, prospective
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1 employees, volunteers or prospective volunteers of such
2 private organizations.
3 For the purposes of this subsection, "chief
4 administrative officer" is defined as follows:
5 a) The city manager of a city or, if a city does
6 not employ a city manager, the mayor of the city.
7 b) The manager of a village or, if a village does
8 not employ a manager, the president of the village.
9 c) The chairman or president of a county board or,
10 if a county has adopted the county executive form of
11 government, the chief executive officer of the county.
12 d) The president of the school board of a school
13 district.
14 e) The supervisor of a township.
15 f) The official granted general administrative
16 control of a special district, an authority, or
17 organization of government establishment by law which may
18 issue obligations and which either may levy a property
19 tax or may expend funds of the district, authority, or
20 organization independently of any parent unit of
21 government.
22 g) The executive officer granted general
23 administrative control of a private organization defined
24 in subsection 27 of Section 100-335 55a of the Department
25 of State Police Law (20 ILCS 2605/100-335) Civil
26 Administrative Code of Illinois.
27 (B) Upon written application and payment of fees
28 authorized by this subsection, State agencies and units of
29 local government, not including school districts, are
30 authorized to submit fingerprints of employees, prospective
31 employees and license applicants to the Department for the
32 purpose of obtaining conviction information maintained by the
33 Department and the Federal Bureau of Investigation about such
34 persons. The Department shall submit such fingerprints to
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1 the Federal Bureau of Investigation on behalf of such
2 agencies and units of local government. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection.
9 (C) Upon payment of fees authorized by this subsection,
10 the Department shall furnish to the commanding officer of a
11 military installation in Illinois having an arms storage
12 facility, upon written request of such commanding officer or
13 his designee, and in the form and manner prescribed by the
14 Department, all criminal history record information
15 pertaining to any individual seeking access to such a storage
16 facility, where such information is sought pursuant to a
17 federally-mandated security or criminal history check.
18 The Department shall establish and charge a fee, not to
19 exceed actual costs, for providing information pursuant to
20 this subsection.
21 (Source: P.A. 88-461; 88-586, eff. 8-12-94.)
22 Section 5-170. The Capital Development Board Act is
23 amended by changing Section 9.08a as follows:
24 (20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
25 Sec. 9.08a. The Capital Development Board is authorized,
26 with the consent in writing of the Director of Central
27 Management Services and of the Governor, to acquire by
28 condemnation in the manner provided for the exercise of the
29 power of eminent domain under Article VII of the Code of
30 Civil Procedure, all lands, buildings and grounds for which
31 an appropriation may be made by the General Assembly, other
32 than those acquired by those agencies specified under Section
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1 5-675 51 of the Departments of State Government Law (20 ILCS
2 5/5-675) Civil Administrative Code of Illinois, as amended.
3 (Source: P.A. 85-846.)
4 Section 5-175. The Commissioner of Banks and Trust
5 Companies Act is amended by changing Section 5 as follows:
6 (20 ILCS 3205/5) (from Ch. 17, par. 455)
7 Sec. 5. Powers. In addition to all the other powers and
8 duties provided by law, the Commissioner shall have the
9 following powers:
10 (a) To exercise the rights, powers and duties formerly
11 vested by law in the Director of Financial Institutions under
12 the Illinois Banking Act.
13 (b) To exercise the rights, powers and duties formerly
14 vested by law in the Department of Financial Institutions
15 under "An act to provide for and regulate the administration
16 of trusts by trust companies", approved June 15, 1887, as
17 amended.
18 (c) To exercise the rights, powers and duties formerly
19 vested by law in the Director of Financial Institutions under
20 "An act authorizing foreign corporations, including banks and
21 national banking associations domiciled in other states, to
22 act in a fiduciary capacity in this state upon certain
23 conditions herein set forth", approved July 13, 1953, as
24 amended.
25 (d) Whenever the Commissioner is authorized or required
26 by law to consider or to make findings regarding the
27 character of incorporators, directors, management personnel,
28 or other relevant individuals under the Illinois Banking Act
29 or the Corporate Fiduciary Act or at other times as the
30 Commissioner deems necessary for the purpose of carrying out
31 the Commissioner's statutory powers and responsibilities, the
32 Commissioner shall consider criminal history record
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1 information, including nonconviction information, pursuant to
2 the Criminal Identification Act. The Commissioner shall, in
3 the form and manner required by the Department of State
4 Police and the Federal Bureau of Investigation, cause to be
5 conducted a criminal history record investigation to obtain
6 information currently contained in the files of the
7 Department of State Police or the Federal Bureau of
8 Investigation, provided that the Commissioner need not cause
9 additional criminal history record investigations to be
10 conducted on individuals for whom the Commissioner or a
11 federal bank regulatory agency has caused such investigations
12 to have been conducted previously unless such additional
13 investigations are otherwise required by law or unless the
14 Commissioner deems such additional investigations to be
15 necessary for the purposes of carrying out the Commissioner's
16 statutory powers and responsibilities. The Department of
17 State Police shall provide, on the Commissioner's request,
18 information concerning criminal charges and their disposition
19 currently on file with respect to a relevant individual.
20 Information obtained as a result of an investigation under
21 this Section shall be used in determining eligibility to be
22 an incorporator, director, management personnel, or other
23 relevant individual in relation to a financial institution
24 supervised by the Commissioner. Upon request and payment of
25 fees in conformance with the requirements of paragraph (22)
26 of subsection (A) of Section 100-400 55a of the Department of
27 State Police Law (20 ILCS 2605/100-400) Civil Administrative
28 Code of Illinois, the Department of State Police is
29 authorized to furnish, pursuant to positive identification,
30 such information contained in State files as is necessary to
31 fulfill the request.
32 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97.)
33 Section 5-180. The Historic Preservation Agency Act is
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1 amended by changing Sections 5.1 and 12 as follows:
2 (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
3 Sec. 5.1. The powers, duties and authority granted to
4 the Department of Conservation pursuant to the provisions of
5 Section 40-315 63a21.2 of the Department of Natural Resources
6 (Conservation) Law (20 ILCS 805/40-315) Civil Administrative
7 Code of Illinois to offer a cash incentive to a qualified
8 bidder for the development, construction and supervision of a
9 concession complex at Lincoln's New Salem State Park are is
10 transferred to the Historic Preservation Agency.
11 (Source: P.A. 84-1348.)
12 (20 ILCS 3405/12) (from Ch. 127, par. 2712)
13 Sec. 12. The Agency shall exercise all rights, powers
14 and duties vested in the Department of Conservation by
15 Section 40-220 63a34 of the Department of Natural Resources
16 (Conservation) Law (20 ILCS 805/40-220) "the Civil
17 Administrative Code of Illinois ", approved March 7, 1917, as
18 amended.
19 (Source: P.A. 84-25.)
20 Section 5-185. The State Finance Act is amended by
21 changing Sections 6p-1, 6p-2, 6z-38, 8.16a, 8.25, 8.33, 13.4,
22 14, 14b, and 36 as follows:
23 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
24 Sec. 6p-1. The Statistical Services Revolving Fund shall
25 be initially financed by a transfer of funds from the General
26 Revenue Fund. Thereafter, all fees and other monies received
27 by the Department of Central Management Services in payment
28 for statistical services rendered pursuant to Section 25-20
29 35.7 of the Department of Central Management Services Law (20
30 ILCS 405/25-20) Civil Administrative Code of Illinois, shall
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1 be paid into the Statistical Services Revolving Fund. The
2 money in this fund shall be used by the Department of Central
3 Management Services as reimbursement for expenditures
4 incurred in rendering statistical services.
5 (Source: P.A. 82-789.)
6 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
7 Sec. 6p-2. The Communications Revolving Fund shall be
8 initially financed by a transfer of funds from the General
9 Revenue Fund. Thereafter, all fees and other monies received
10 by the Department of Central Management Services in payment
11 for telecommunications services rendered pursuant to Section
12 25-270 67.18 of the Department of Central Management Services
13 Law (20 ILCS 405/25-270) Civil Administrative Code of
14 Illinois or sale of surplus State communications equipment
15 shall be paid into the Communications Revolving Fund. The
16 money in this fund shall be used by the Department of Central
17 Management Services as reimbursement for expenditures
18 incurred in relation to telecommunications services.
19 (Source: P.A. 84-961.)
20 (30 ILCS 105/6z-38)
21 Sec. 6z-38. General Professions Dedicated Fund. The
22 General Professions Dedicated Fund is created in the State
23 treasury. Moneys in the Fund shall be invested and earnings
24 on the investments shall be retained in the Fund. Moneys in
25 the Fund shall be appropriated to the Department of
26 Professional Regulation for the ordinary and contingent
27 expenses of the Department. Moneys in the Fund may be
28 transferred to the Professions Indirect Cost Fund as
29 authorized by Section 80-300 61e of the Department of
30 Professional Regulation Law (20 ILCS 2105/80-300) Civil
31 Administrative Code of Illinois.
32 (Source: P.A. 88-683, eff. 1-24-95; 89-204, eff. 1-1-96.)
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1 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
2 Sec. 8.16a. Appropriations for the procurement,
3 installation, retention, maintenance and operation of
4 electronic data processing and information devices used by
5 state agencies subject to Section 25-20 35.7 of the
6 Department of Central Management Services Law (20 ILCS
7 405/25-20) Civil Administrative Code of Illinois, the
8 purchase of necessary supplies and equipment and accessories
9 thereto, and all other expenses incident to the operation and
10 maintenance of those electronic data processing and
11 information devices are payable from the Statistical Services
12 Revolving Fund. However, no contract shall be entered into or
13 obligation incurred for any expenditure from the Statistical
14 Services Revolving Fund until after the purpose and amount
15 has been approved in writing by the Director of Central
16 Management Services. Until there are sufficient funds in the
17 Statistical Services Revolving Fund to carry out the purposes
18 of this amendatory Act of 1965, however, the State agencies
19 subject to that Section 25-20 35.7 of the Civil
20 Administrative Code of Illinois, shall, on written approval
21 of the Director of Central Management Services, pay the cost
22 of operating and maintaining electronic data processing
23 systems from current appropriations as classified and
24 standardized in "An Act in relation to State finance",
25 approved June 10, 1919, as amended.
26 (Source: P.A. 82-789.)
27 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
28 Sec. 8.25. Build Illinois Fund; uses.
29 (A) All moneys in the Build Illinois Fund shall be
30 transferred, appropriated, and used only for the purposes
31 authorized by and subject to the limitations and conditions
32 prescribed by this Section. There are established the
33 following accounts in the Build Illinois Fund: the McCormick
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1 Place Account, the Build Illinois Bond Account, the Build
2 Illinois Purposes Account, the Park and Conservation Fund
3 Account, and the Tourism Advertising and Promotion Account.
4 Amounts deposited into the Build Illinois Fund consisting of
5 1.55% before July 1, 1986, and 1.75% on and after July 1,
6 1986, of moneys received by the Department of Revenue under
7 Section 9 of the Use Tax Act, Section 9 of the Service Use
8 Tax Act, Section 9 of the Service Occupation Tax Act, and
9 Section 3 of the Retailers' Occupation Tax Act, and all
10 amounts deposited therein under Section 28 of the Illinois
11 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
12 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
13 Operators' Occupation Tax Act, shall be credited initially to
14 the McCormick Place Account and all other amounts deposited
15 into the Build Illinois Fund shall be credited initially to
16 the Build Illinois Bond Account. Of the amounts initially so
17 credited to the McCormick Place Account in each month, the
18 amount that is to be transferred in that month to the
19 Metropolitan Fair and Exposition Authority Improvement Bond
20 Fund, as provided below, shall remain credited to the
21 McCormick Place Account, and all amounts initially so
22 credited in that month in excess thereof shall next be
23 credited to the Build Illinois Bond Account. Of the amounts
24 credited to the Build Illinois Bond Account in each month,
25 the amount that is to be transferred in that month to the
26 Build Illinois Bond Retirement and Interest Fund, as provided
27 below, shall remain credited to the Build Illinois Bond
28 Account, and all amounts so credited in each month in excess
29 thereof shall next be credited monthly to the other accounts
30 in the following order of priority: first, to the Build
31 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
32 year 1986, 1/9, of the fiscal year amounts authorized to be
33 transferred to the Build Illinois Purposes Fund as provided
34 below plus (b) any cumulative deficiency in those transfers
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1 for prior months; second, 1/12 of $10,000,000, plus any
2 cumulative deficiency in those transfers for prior months, to
3 the Park and Conservation Fund Account; and third, to the
4 General Revenue Fund in the State Treasury all amounts that
5 remain in the Build Illinois Fund on the last day of each
6 month and are not credited to any account in that Fund.
7 Transfers from the McCormick Place Account in the Build
8 Illinois Fund shall be made as follows:
9 Beginning with fiscal year 1985 and continuing for each
10 fiscal year thereafter, the Metropolitan Pier and Exposition
11 Authority shall annually certify to the State Comptroller and
12 State Treasurer the amount necessary and required during the
13 fiscal year with respect to which the certification is made
14 to pay the debt service requirements (including amounts to be
15 paid with respect to arrangements to provide additional
16 security or liquidity) on all outstanding bonds and notes,
17 including refunding bonds (herein collectively referred to as
18 bonds) of issues in the aggregate amount (excluding the
19 amount of any refunding bonds issued by that Authority after
20 January 1, 1986) of not more than $312,500,000 issued after
21 July 1, 1984, by that Authority for the purposes specified in
22 Sections 10.1 and 13.1 of the Metropolitan Pier and
23 Exposition Authority Act. In each month of the fiscal year
24 in which there are bonds outstanding with respect to which
25 the annual certification is made, the Comptroller shall order
26 transferred and the Treasurer shall transfer from the
27 McCormick Place Account in the Build Illinois Fund to the
28 Metropolitan Fair and Exposition Authority Improvement Bond
29 Fund an amount equal to 150% of the certified amount for that
30 fiscal year divided by the number of months during that
31 fiscal year in which bonds of the Authority are outstanding,
32 plus any cumulative deficiency in those transfers for prior
33 months; provided, that the maximum amount that may be so
34 transferred in fiscal year 1985 shall not exceed $15,000,000
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1 or a lesser sum as is actually necessary and required to pay
2 the debt service requirements for that fiscal year after
3 giving effect to net operating revenues of that Authority
4 available for that purpose as certified by that Authority,
5 and provided further that the maximum amount that may be so
6 transferred in fiscal year 1986 shall not exceed $30,000,000
7 and in each fiscal year thereafter shall not exceed
8 $33,500,000 in any fiscal year or a lesser sum as is actually
9 necessary and required to pay the debt service requirements
10 for that fiscal year after giving effect to net operating
11 revenues of that Authority available for that purpose as
12 certified by that Authority.
13 When an amount equal to 100% of the aggregate amount of
14 principal and interest in each fiscal year with respect to
15 bonds issued after July 1, 1984, that by their terms are
16 payable from the Metropolitan Fair and Exposition Authority
17 Improvement Bond Fund, including under sinking fund
18 requirements, has been so paid and deficiencies in reserves
19 established from bond proceeds shall have been remedied, and
20 at the time that those amounts have been transferred to the
21 Authority as provided in Section 13.1 of the Metropolitan
22 Pier and Exposition Authority Act, the remaining moneys, if
23 any, deposited and to be deposited during each fiscal year to
24 the Metropolitan Fair and Exposition Authority Improvement
25 Bond Fund shall be transferred to the Metropolitan Fair and
26 Exposition Authority Completion Note Subordinate Fund.
27 Transfers from the Build Illinois Bond Account in the
28 Build Illinois Fund shall be made as follows:
29 Beginning with fiscal year 1986 and continuing for each
30 fiscal year thereafter so long as limited obligation bonds of
31 the State issued under the Build Illinois Bond Act remain
32 outstanding, the Comptroller shall order transferred and the
33 Treasurer shall transfer in each month, commencing in
34 October, 1985, on the last day of that month, from the Build
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1 Illinois Bond Account to the Build Illinois Bond Retirement
2 and Interest Fund in the State Treasury the amount required
3 to be so transferred in that month under Section 13 of the
4 Build Illinois Bond Act.
5 Transfers from the remaining accounts in the Build
6 Illinois Fund shall be made in the following amounts and in
7 the following order of priority:
8 Beginning with fiscal year 1986 and continuing each
9 fiscal year thereafter, as soon as practicable after the
10 first day of each month, commencing in October, 1985, the
11 Comptroller shall order transferred and the Treasurer shall
12 transfer from the Build Illinois Purposes Account in the
13 Build Illinois Fund to the Build Illinois Purposes Fund
14 1/12th (or in the case of fiscal year 1986 1/9) of the
15 amounts specified below for the following fiscal years:
16 Fiscal Year Amount
17 1986 $35,000,000
18 1987 $45,000,000
19 1988 $50,000,000
20 1989 $55,000,000
21 1990 $55,000,000
22 1991 $50,000,000
23 1992 $16,200,000
24 1993 $16,200,000,
25 plus any cumulative deficiency in those transfers for prior
26 months.
27 As soon as may be practicable after the first day of each
28 month beginning after July 1, 1984, the Comptroller shall
29 order transferred and the Treasurer shall transfer from the
30 Park and Conservation Fund Account in the Build Illinois Fund
31 to the Park and Conservation Fund 1/12 of $10,000,000, plus
32 any cumulative deficiency in those transfers for prior
33 months, for conservation and park purposes as enumerated in
34 Section 40-420 63a36 of the Department of Natural Resources
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1 (Conservation) Law (20 ILCS 805/40-420) Civil Administrative
2 Code of Illinois, and to pay the debt service requirements on
3 all outstanding bonds of an issue in the aggregate amount of
4 not more than $40,000,000 issued after January 1, 1985, by
5 the State of Illinois for the purposes specified in Section
6 3(c) of the Capital Development Bond Act of 1972, or for the
7 same purposes as specified in any other State general
8 obligation bond Act enacted after November 1, 1984. Transfers
9 from the Park and Conservation Fund to the Capital
10 Development Bond Retirement and Interest Fund to pay those
11 debt service requirements shall be made in accordance with
12 Section 8.25b of this Act.
13 All funds remaining in the Build Illinois Fund on the
14 last day of any month and not credited to any account in that
15 Fund shall be transferred by the State Treasurer to the
16 General Revenue Fund.
17 (B) For the purpose of this Section, "cumulative
18 deficiency" shall include all deficiencies in those transfers
19 that have occurred since July 1, 1984, as specified in
20 subsection (A) of this Section.
21 (C) In addition to any other permitted use of moneys in
22 the Fund, and notwithstanding any restriction on the use of
23 the Fund, moneys in the Park and Conservation Fund may be
24 transferred to the General Revenue Fund as authorized by
25 Public Act 87-14. The General Assembly finds that an excess
26 of moneys existed in the Fund on July 30, 1991, and the
27 Governor's order of July 30, 1991, requesting the Comptroller
28 and Treasurer to transfer an amount from the Fund to the
29 General Revenue Fund is hereby validated.
30 (D) (Blank).
31 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
32 revised 11-18-97.)
33 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
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1 Sec. 8.33. All expenses incident to the leasing or use
2 of the State facilities listed in Section 25-315 67.24 of the
3 Department of Central Management Services Law (20 ILCS
4 405/25-315) Civil Administrative Code of Illinois for lease
5 or use terms not exceeding 30 days in length shall be payable
6 from the Special Events Revolving Fund.
7 Expenses incident to the lease or use of the State
8 facilities listed in Section 25-315 67.24 of the Department
9 of Central Management Services Law (20 ILCS 405/25-315) Civil
10 Administrative Code of Illinois shall include expenditures
11 for additional commodities, equipment, furniture,
12 improvements, personal services or other expenses required by
13 the Department of Central Management Services to make such
14 facilities available to the public and State employees.
15 (Source: P.A. 87-435.)
16 (30 ILCS 105/13.4) (from Ch. 127, par. 149.4)
17 Sec. 13.4. All appropriations recommended to the General
18 Assembly by the Governor in the State Budget submitted
19 pursuant to Section 200-5 38 of "the State Budget Law (15
20 ILCS 20/200-5) Civil Administrative Code of Illinois" shall
21 be incorporated into and prepared as one or more
22 appropriation bills which shall either be introduced in the
23 General Assembly or submitted to the legislative leaders of
24 both the Senate and the House of Representatives not later
25 than 2 session days after the submission of the Governor's
26 budget recommendations immediately preceding the start of the
27 fiscal year for which the Budget is recommended.
28 (Source: P.A. 81-518.)
29 (30 ILCS 105/14) (from Ch. 127, par. 150)
30 Sec. 14. The item "personal services", when used in an
31 appropriation Act, means the reward or recompense made for
32 personal services rendered for the State by an officer or
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1 employee of the State or of an instrumentality thereof, or
2 for the purpose of Section 14a of this Act, or any amount
3 required or authorized to be deducted from the salary of any
4 such person under the provisions of Section 30c of this Act,
5 or any retirement or tax law, or both, or deductions from the
6 salary of any such person under the Social Security Enabling
7 Act or deductions from the salary of such person pursuant to
8 the Voluntary Payroll Deductions Act of 1983.
9 If no home is furnished to a person who is a full-time
10 chaplain employed by the State or a former full-time chaplain
11 retired from State employment, 20% of the salary or pension
12 paid to that person for his personal services to the State as
13 chaplain are considered to be a rental allowance paid to him
14 to rent or otherwise provide a home. This amendatory Act of
15 1973 applies to State salary amounts received after December
16 31, 1973.
17 When any appropriation payable from trust funds or
18 federal funds includes an item for personal services but does
19 not include a separate item for State contribution for
20 employee group insurance, the State contribution for employee
21 group insurance in relation to employees paid under that
22 personal services line item shall also be payable under that
23 personal services line item.
24 When any appropriation payable from trust funds or
25 federal funds includes an item for personal services but does
26 not include a separate item for employee retirement
27 contributions paid by the employer, the State contribution
28 for employee retirement contributions paid by the employer in
29 relation to employees paid under that personal services line
30 item shall also be payable under that personal services line
31 item.
32 The item "personal services", when used in an
33 appropriation Act, shall also mean and include a payment to a
34 State retirement system by a State agency to discharge a debt
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1 arising from the over-refund to an employee of retirement
2 contributions. The payment to a State retirement system
3 authorized by this paragraph shall not be construed to
4 release the employee from his or her obligation to return to
5 the State the amount of the over-refund.
6 The item "personal services", when used in an
7 appropriation Act, also includes a payment to reimburse the
8 Department of Central Management Services for temporary total
9 disability benefit payments in accordance with subdivision
10 (9) (i)(2) of Section 25-105 64.1 of the Department of
11 Central Management Services Law (20 ILCS 405/25-105) Civil
12 Administrative Code of Illinois.
13 Beginning July 1, 1993, the item "personal services" and
14 related line items, when used in an appropriation Act or this
15 Act, shall also mean and include back wage claims of State
16 officers and employees to the extent those claims have not
17 been satisfied from the back wage appropriation to the
18 Department of Central Management Services in the preceding
19 fiscal year, as provided in Section 14b of this Act and
20 subdivision (13) of Section 25-105 64.1(m) of the Department
21 of Central Management Services Law (20 ILCS 405/25-105) Civil
22 Administrative Code of Illinois.
23 The item "personal services", when used with respect to
24 State police officers in an appropriation Act, also includes
25 a payment for the burial expenses of a State police officer
26 killed in the line of duty, made in accordance with Section
27 12.2 of the State Police Act and any rules adopted under that
28 Section.
29 (Source: P.A. 90-178, eff. 7-23-97.)
30 (30 ILCS 105/14b) (from Ch. 127, par. 150b)
31 Sec. 14b. Back wage claims. This Section applies
32 beginning July 1, 1993.
33 (a) The Director of the Department of Central Management
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1 Services is authorized to pay any portion of a back wage
2 claim of a State employee of the Office of the Governor or of
3 a State department listed in Section 5-15 3 of the
4 Departments of State Government Law (20 ILCS 5/5-15) Civil
5 Administrative Code of Illinois, that has not been satisfied
6 from the Department's preceding fiscal year back wage claim
7 appropriation, from the lapsed personal services line item
8 and related line item appropriations of the Office of the
9 Governor or the appropriate State department, payable from
10 the General Revenue Fund. If any portion of the back wage
11 claim still remains unsatisfied, the Director of the
12 Department of Central Management Services is authorized to
13 pay the unsatisfied portion from the lapsed personal services
14 line item and related line item appropriations of the
15 Department of Central Management Services, payable from the
16 General Revenue Fund. The Director of the Department of
17 Central Management Services is authorized to issue the
18 necessary vouchers for payments under this subsection.
19 (b) The officer responsible for approving and certifying
20 payroll vouchers of all State officers and of all State
21 offices, agencies, boards or commissions not covered in
22 subsection (a) is authorized to pay any portion of a back
23 wage claim of a State officer or employee, that has not been
24 satisfied from the Department of Central Management Services'
25 preceding fiscal year back wage claim appropriation, from the
26 lapsed personal services line item and related line item
27 appropriations of the employing State office or agency,
28 payable from the General Revenue Fund. If any portion of the
29 back wage claim still remains unsatisfied, the Director of
30 the Department of Central Management Services is authorized
31 to pay the unsatisfied portion from the lapsed personal
32 services line item and related line item appropriations of
33 the Department of Central Management Services, payable from
34 the General Revenue Fund. The certifying officer, or the
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1 Director of the Department of Central Management Services in
2 the case of payment from lapsed Department appropriations, is
3 authorized to issue the necessary vouchers for payments under
4 this subsection.
5 (c) The Director of the Department of Central Management
6 Services may promulgate rules governing all back wage claim
7 matters.
8 (Source: P.A. 87-1234.)
9 (30 ILCS 105/36) (from Ch. 127, par. 167.04)
10 Sec. 36. Contracts entered into by the Department of
11 Central Management Services pursuant to Section 25-295 67.30
12 of the Department of Central Management Services Law (20 ILCS
13 405/25-295) Civil Administrative Code of Illinois may provide
14 for payment to the vendor to be determined, wholly or
15 partially, on demonstrated savings in energy consumption.
16 Payments for such projects shall be paid by the agency or
17 agencies that benefit from the project. Funds which
18 otherwise would have been used to pay for utilities may be
19 used to pay the costs associated with the energy savings
20 project contract.
21 (Source: P.A. 86-1287.)
22 Section 5-190. The Gifts and Grants to Government Act is
23 amended by changing Section 1 as follows:
24 (30 ILCS 110/1) (from Ch. 127, par. 168-81)
25 Sec. 1. The Governor, Lieutenant Governor, Attorney
26 General, Secretary of State, Comptroller and Treasurer may
27 accept monetary gifts or grants from any nongovernmental
28 source, upon such terms and conditions as may be imposed, and
29 may expend, subject to appropriation, such gifts or grants
30 for any purpose necessary or desirable in the exercise of the
31 powers or the performance of the duties of their offices.
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1 Until January 9, 1995, while the office of Lieutenant
2 Governor is vacant, the powers and duties of the Lieutenant
3 Governor under this Act shall be carried out as provided in
4 Section 67.35 of the Civil Administrative Code of Illinois
5 (renumbered; see, now, 20 ILCS 405/25-500).
6 (Source: P.A. 88-553.)
7 Section 5-195. The Uncollected State Claims Act is
8 amended by changing Section 2 as follows:
9 (30 ILCS 205/2) (from Ch. 15, par. 102)
10 Sec. 2. (a) When any State agency is unable to collect
11 any claim or account receivable of $1,000 or more due the
12 agency after having pursued the procedure prescribed by law
13 or applicable rules and regulations for the collection
14 thereof or, if no procedure is so prescribed, then after
15 having undertaken all reasonable and appropriate procedures
16 available to the agency to effectuate collection, the State
17 agency shall request the Attorney General to certify the
18 claim or account receivable to be uncollectible.
19 (b) Each request to the Attorney General asking that a
20 claim or account receivable of $1,000 or more be declared
21 uncollectible shall be in a format prescribed by the Attorney
22 General and shall include at a minimum the following
23 information: debtor's name, debtor's social security number
24 or comparable identifying number, debtor's last known
25 address, nature of the debt, efforts made to collect the debt
26 and the time period covered by those efforts, the age of the
27 debt, the age of the debtor and the specific reason the State
28 agency believes the debt to be uncollectible. Nothing in
29 this provision should be interpreted as a limitation on the
30 authority of the Attorney General to require additional
31 information that he may find to be necessary to evaluate
32 requests sent him pursuant to this provision.
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1 (c) Claims or accounts receivable of less than $1,000
2 may be certified as uncollectible by the agency when the
3 agency determines that further collection efforts are not in
4 the best economic interest of the State. Such determination
5 shall be made in accordance with rules of the Comptroller.
6 (d) If any item of information required by this
7 provision or any item of additional information required by
8 the Attorney General is not available, the State agency shall
9 specifically so state in its request to the Attorney General
10 asking that the debt be declared uncollectible.
11 (e) A State agency participating in a federal student
12 loan program may remove student loans from its records by
13 assigning or referring such student loans to the federal
14 government for collection pursuant to the procedures
15 prescribed by federal laws and regulations.
16 (f) Claims and receivables due from another State agency
17 may be written off if the agency has pursued all reasonable
18 means of collection and if the amount (1) is payable from an
19 appropriation which has lapsed; (2) may not properly be
20 charged against a current appropriation; and (3) was not
21 originally payable from federal funds, a trust fund or
22 locally held funds. Each agency which writes off claims or
23 receivables pursuant to this subparagraph shall submit a
24 listing of all such write-offs to the Comptroller within 60
25 days of taking such action.
26 (g) Debts certified as uncollectible may be reopened for
27 collection by an agency upon the approval of the Attorney
28 General.
29 (h) Agencies shall submit a list of debts certified as
30 uncollectible to the Comptroller in the form and manner
31 specified by the Comptroller. The Comptroller shall take
32 reasonable steps to accept information on agency computer
33 tapes.
34 (i) After compliance with all provisions of this
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1 Section, an agency may delete from its records debts
2 certified as uncollectible as follows:
3 (1) When the debt is less than $1,000, immediately upon
4 certification by the agency;
5 (2) For debts of $1,000 or more that are less than 5
6 years old, when the agency determines pursuant to rules and
7 regulations promulgated by the Comptroller that such deletion
8 is in the best economic interest of the State;
9 (3) For debts of $1,000 or more when, the debt is more
10 than 5 years old.
11 (j) The Attorney General shall report to the General
12 Assembly by February 1 of each year the following:
13 (1) the total number and dollar amount of debts referred
14 to him for collection in the preceding calendar year;
15 (2) the total amount actually collected;
16 (3) the number of cases by agency.
17 (k) Each State agency shall report in its annual report
18 the total amount and the number of claims due and payable to
19 the State. Each agency shall also describe in its annual
20 report the method used in collecting debts, whether by a
21 private collection service or by the Attorney General.
22 (1) The provisions of Section 95-250 39c of the
23 Department of Revenue Law (20 ILCS 2505/95-250) Civil
24 Administrative Code of Illinois take precedence over the
25 provisions of this Section.
26 (Source: P.A. 84-1308; 84-1344.)
27 Section 5-200. The State Officers and Employees Money
28 Disposition Act is amended by changing Section 2 as follows:
29 (30 ILCS 230/2) (from Ch. 127, par. 171)
30 Sec. 2. Accounts of money received; payment into State
31 treasury.
32 (a) Every officer, board, commission, commissioner,
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1 department, institution, arm or agency brought within the
2 provisions of this Act by Section 1 hereof shall keep in
3 proper books a detailed itemized account of all moneys
4 received for or on behalf of the State, showing the date of
5 receipt, the payor, and purpose and amount, and the date and
6 manner of disbursement as hereinafter provided, and, unless a
7 different time of payment is expressly provided by law or by
8 rules or regulations promulgated under subsection (b) of this
9 Section, shall pay into the State treasury the gross amount
10 of money so received on the day of actual physical receipt
11 with respect to any single item of receipt exceeding $10,000,
12 within 24 hours of actual physical receipt with respect to an
13 accumulation of receipts of $10,000 or more, or within 48
14 hours of actual physical receipt with respect to an
15 accumulation of receipts exceeding $500 but less than
16 $10,000, disregarding holidays, Saturdays and Sundays, after
17 the receipt of same, without any deduction on account of
18 salaries, fees, costs, charges, expenses or claims of any
19 description whatever; provided that:
20 (1) the provisions of (i) Section 95-475 39b32 of
21 the Department of Revenue Law (20 ILCS 2505/95-475) Civil
22 Administrative Code of Illinois, (ii) approved March 7,
23 1917, as amended, and the provisions of any specific
24 taxing statute authorizing a claim for credit procedure
25 instead of the actual making of refunds, (iii) and the
26 provisions of Section 505 of the "The Illinois Controlled
27 Substances Act", approved August 16, 1971, as amended,
28 authorizing the Director of State Police to dispose of
29 forfeited property, which includes the sale and
30 disposition of the proceeds of the sale of forfeited
31 property, and the Department of Central Management
32 Services to be reimbursed for costs incurred with the
33 sales of forfeited vehicles, boats or aircraft and to pay
34 to bona fide or innocent purchasers, conditional sales
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1 vendors or mortgagees of such vehicles, boats or aircraft
2 their interest in such vehicles, boats or aircraft, and
3 (iv) the provisions of Section 6b-2 of the An Act in
4 relation to State Finance Act, approved June 10, 1919, as
5 amended, establishing procedures for handling cash
6 receipts from the sale of pari-mutuel wagering tickets,
7 shall not be deemed to be in conflict with the
8 requirements of this Section;
9 (2) provided, further that any fees received by the
10 State Registrar of Vital Records pursuant to the Vital
11 Records Act which are insufficient in amount may be
12 returned by the Registrar as provided in that Act;
13 (3) provided, further that any fees received by the
14 Department of Public Health under the Food Handling
15 Regulation Enforcement Act that are submitted for renewal
16 of an expired food service sanitation manager certificate
17 may be returned by the Director as provided in that Act;
18 and
19 (4) provided, further that if the amount of money
20 received does not exceed $500, such money may be retained
21 and need not be paid into the State treasury until the
22 total amount of money so received exceeds $500, or until
23 the next succeeding 1st or 15th day of each month (or
24 until the next business day if these days fall on Sunday
25 or a holiday), whichever is earlier, at which earlier
26 time such money shall be paid into the State treasury,
27 except that if a local bank or savings and loan
28 association account has been authorized by law, any
29 balances shall be paid into the State treasury on Monday
30 of each week if more than $500 is to be deposited in any
31 fund.
32 Single items of receipt exceeding $10,000 received after
33 2 p.m. on a working day may be deemed to have been received
34 on the next working day for purposes of fulfilling the
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1 requirement that the item be deposited on the day of actual
2 physical receipt.
3 No money belonging to or left for the use of the State
4 shall be expended or applied except in consequence of an
5 appropriation made by law and upon the warrant of the State
6 Comptroller. However, payments made by the Comptroller to
7 persons by direct deposit need not be made upon the warrant
8 of the Comptroller, but if not made upon a warrant, shall be
9 made in accordance with Section 9.02 of the "State
10 Comptroller Act". All moneys so paid into the State treasury
11 shall, unless required by some statute to be held in the
12 State treasury in a separate or special fund, be covered into
13 the General Revenue Fund in into the State treasury. Moneys
14 received in the form of checks, drafts or similar instruments
15 shall be properly endorsed, if necessary, and delivered to
16 the State Treasurer for collection. The State Treasurer
17 shall remit such collected funds to the depositing officer,
18 board, commission, commissioner, department, institution, arm
19 or agency by Treasurers Draft or through electronic funds
20 transfer. The Said draft or notification of the electronic
21 funds transfer shall be provided to the State Comptroller to
22 allow deposit into the appropriate fund.
23 (b) Different time periods for the payment of public
24 funds into the State treasury or to the State Treasurer, in
25 excess of the periods established in subsection (a) of this
26 Section, but not in excess of 30 days after receipt of such
27 funds, may be established and revised from time to time by
28 rules or regulations promulgated jointly by the State
29 Treasurer and the State Comptroller in accordance with the
30 "The Illinois Administrative Procedure Act", approved
31 September 22, 1975, as amended. The different time periods
32 established by rule or regulation under this subsection may
33 vary according to the nature and amounts of the funds
34 received, the locations at which the funds are received,
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1 whether compliance with the deposit requirements specified in
2 subsection (a) of this Section would be cost effective, and
3 such other circumstances and conditions as the promulgating
4 authorities consider to be appropriate. The Treasurer and
5 the Comptroller shall review all such different time periods
6 established pursuant to this subsection every 2 years from
7 the establishment thereof and upon such review, unless it is
8 determined that it is economically unfeasible for the agency
9 to comply with the provisions of subsection (a), shall repeal
10 such different time period.
11 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
12 revised 11-20-97.)
13 Section 5-205. The General Obligation Bond Act is amended
14 by changing Section 4 as follows:
15 (30 ILCS 330/4) (from Ch. 127, par. 654)
16 Sec. 4. Transportation. The amount of $2,436,800,000 is
17 authorized for use by the Department of Transportation for
18 the specific purpose of promoting and assuring rapid,
19 efficient, and safe highway, air and mass transportation for
20 the inhabitants of the State by providing monies, including
21 the making of grants and loans, for the acquisition,
22 construction, reconstruction, extension and improvement of
23 the following transportation facilities and equipment, and
24 for the acquisition of real property and interests in real
25 property required or expected to be required in connection
26 therewith as follows:
27 (a) $1,411,000,000 for State highways, arterial
28 highways, freeways, roads, bridges, structures separating
29 highways and railroads and roads, and bridges on roads
30 maintained by counties, municipalities, townships or road
31 districts for the following specific purposes:
32 (1) $1,310,000,000 for use statewide,
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1 (2) $3,641,000 for use outside the Chicago
2 urbanized area,
3 (3) $7,543,000 for use within the Chicago urbanized
4 area,
5 (4) $13,060,600 for use within the City of Chicago,
6 (5) $57,894,500 for use within the counties of
7 Cook, DuPage, Kane, Lake, McHenry and Will, and
8 (6) $18,860,900 for use outside the counties of
9 Cook, DuPage, Kane, Lake, McHenry and Will.
10 (b) $835,800,000 for mass transit facilities, as defined
11 in Section 105-305 49.19 of the Department of Transportation
12 Law (20 ILCS 2705/105-305) Civil Administrative Code of
13 Illinois, including rapid transit, rail, bus and other
14 equipment used in connection therewith by the State or any
15 unit of local government, special transportation district,
16 municipal corporation or other corporation or public
17 authority authorized to provide and promote public
18 transportation within the State or two or more of the
19 foregoing jointly, for the following specific purposes:
20 (1) $740,000,000 statewide,
21 (2) $83,350,000 for use within the counties of
22 Cook, DuPage, Kane, Lake, McHenry and Will,
23 (3) $12,450,000 for use outside the counties of
24 Cook, DuPage, Kane, Lake, McHenry and Will.
25 (c) $190,000,000 for airport or aviation facilities and
26 any equipment used in connection therewith, including
27 engineering and land acquisition costs, by the State or any
28 unit of local government, special transportation district,
29 municipal corporation or other corporation or public
30 authority authorized to provide public transportation within
31 the State, or two or more of the foregoing acting jointly.
32 (Source: P.A. 89-235, eff. 8-4-95; 90-1, eff. 2-20-97; 90-8,
33 eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549).)
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1 Section 5-210. The Illinois Purchasing Act is amended by
2 changing Sections 5.1 and 6 as follows:
3 (30 ILCS 505/5.1) (from Ch. 127, par. 132.5-1)
4 Sec. 5.1. Multiyear Contracts for Tangible Personal
5 Property.
6 (a) State agencies may enter into multiyear contracts
7 for the lease, lease purchase, or purchase of tangible
8 personal property only as provided in this Section.
9 (b) Every multiyear contract entered into pursuant to
10 this Section shall:
11 (1) recite that the contract is subject to
12 termination and cancellation without any penalty,
13 accelerated payment, or other recoupment mechanism, in
14 any fiscal year for which the General Assembly fails to
15 make an adequate appropriation to cover the agency's
16 procurement obligations;
17 (2) be in accordance with the rules and regulations
18 required by Section 5;
19 (3) be limited to a term of not more than 3 years
20 except as otherwise provided in subsection (c).
21 (c) The following types of tangible personal property
22 may be the subject of a multiyear contract in excess of 3
23 years, but not longer than the generally accepted useful life
24 of the property:
25 (1) Telecommunications, duplicating, electronic
26 data processing, scientific, research and medical
27 equipment, for terms not longer than 7 years; except that
28 utilities equipment and fuels may be the subject of a
29 multiyear contract for terms not longer than 10 years.
30 (2) Large trucks, heavy road equipment or
31 construction equipment, aircraft and major farm
32 equipment, for terms not longer than 7 years.
33 (d) However, any contract for tangible personal property
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1 for use by agencies responsible to the Governor shall be
2 entered into or authorized by the Director of Central
3 Management Services, pursuant to Sections 25-10 35.3 and
4 25-20 35.7 of the Department of Central Management Services
5 Law (20 ILCS 405/25-10 and 405/25-20) Civil Administrative
6 Code of Illinois.
7 The Director of Central Management Services may authorize
8 a multiyear lease, lease purchase or purchase of any tangible
9 personal property for periods of up to 5 years as an
10 exception to the purchase periods established in this
11 Section, on a case by case basis, by filing a purchase
12 exception affidavit with the Auditor General stating the
13 basic facts requiring the exception; stating why the
14 exception is necessary; and presenting a financial analysis
15 and justification supporting the exception. The Auditor
16 General shall quarterly report all purchase exception
17 affidavits received by the Auditor General to the Legislative
18 Audit Commission and the Governor.
19 (Source: P.A. 87-1113; 88-494.)
20 (30 ILCS 505/6) (from Ch. 127, par. 132.6)
21 Sec. 6. State agency purchasing procedures. State
22 agencies may provide that prospective contractors be
23 prequalified to determine their responsibility, as required
24 by this Act. State agencies shall also provide, among other
25 matters which are not in conflict with the policies and
26 principles herein set forth:
27 a. That all purchases, contracts and expenditure of
28 funds shall be awarded pursuant to a competitive selection
29 procedure which may provide that contracts be awarded to the
30 lowest responsible bidder considering conformity with
31 specifications, terms of delivery, quality and
32 serviceability, except as provided in paragraphs e, f, g and
33 h of this Section.
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1 However, a competitive selection procedure need not be
2 followed in the following cases:
3 (1) Where the goods or services to be procured are
4 economically procurable from only one source, such as
5 contracts for local exchange telephone service,
6 electrical energy, and other public utility services,
7 books, pamphlets and periodicals, and specially designed
8 business and research equipment and related supplies.
9 (2) Where the services required are for
10 professional or artistic skills pursuant to a written
11 contract.
12 (3) In emergencies involving public health, public
13 safety, or where immediate expenditure is necessary for
14 repairs to State property in order to protect against
15 further loss of or damage to State property, to prevent
16 or minimize serious disruption in State services or to
17 insure the integrity of State records.
18 If funds are expended in an emergency under this
19 subdivision a(3), by purchase, contract, or otherwise,
20 the person authorizing the expenditure shall file an
21 affidavit with the Auditor General within 10 days after
22 the purchase or contract, setting forth the amount
23 expended, the name of the vendor or contractor, and the
24 circumstances requiring the emergency purchase. If only
25 an estimate of the cost is available at the time of
26 filing, the person authorizing the expenditure must
27 report the actual cost to the Auditor General as soon as
28 that cost is determined.
29 The Auditor General shall file with the Legislative
30 Audit Commission and the Governor, at the end of each
31 fiscal quarter, a complete listing of all emergency
32 purchases and contracts reported during that fiscal
33 quarter. The Legislative Audit Commission shall make a
34 thorough review of all emergency purchases so reported,
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1 and in its annual report to the General Assembly the
2 Commission shall identify any emergency purchase that
3 appears to constitute an abuse of the authority granted
4 under this subdivision a(3).
5 (4) In case of expenditures for personal services
6 paid to employees or officers of a State agency. As used
7 in this paragraph, "personal services" has the meaning
8 ascribed to that term in Section 14 of the State Finance
9 Act.
10 (5) Contracts for repairs, maintenance, remodeling,
11 renovation, or construction of a single project involving
12 an expenditure not to exceed $10,000 and not involving a
13 change or increase in the size, type or extent of an
14 existing facility.
15 (6) Contracts for repairs, maintenance, or any
16 other services not specifically exempt from a competitive
17 selection procedure under this Act where individual
18 orders for such services do not exceed $25,000.
19 (7) Purchases of commodities and equipment where
20 individual orders are less than $25,000.
21 (8) Contracts for the maintenance or servicing of,
22 or provision of repair parts for equipment which are made
23 with the manufacturers or authorized service agent of
24 that equipment where the provision of parts, maintenance
25 or servicing can best be performed by the manufacturer or
26 authorized service agent or such a contract would
27 otherwise be advantageous to the State, but the exception
28 provided in this sub-paragraph (8) does not apply to the
29 subdivisions of work listed in paragraph a-1-a of this
30 Section.
31 (9) Where the goods or services are procured from
32 another governmental agency.
33 (10) Purchases and contracts for the use, purchase,
34 delivery, movement or installation of data processing
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1 equipment, software or services and telecommunications
2 and inter-connect equipment, software and services.
3 (11) Personal service contracts made by members,
4 officers, committees, or commissions of the General
5 Assembly.
6 (12) Any contract for duplicating machines and
7 supplies.
8 (13) Any contract for the purchase of natural gas
9 when the cost is less than that offered by a public
10 utility.
11 (14) Any contract for State Lottery tickets or
12 shares or for other State Lottery game related services.
13 (15) Purchases of and contracts for office
14 equipment and associated supplies when such contracts
15 provide for prices that are equal to or lower than
16 Federal General Services Administration contracts and
17 when such contracts or pricing result in economical
18 advantage to the State.
19 (16) Purchases and contracts by the Department of
20 State Police for the use, purchase or installation of
21 forensic science laboratory analytical equipment and
22 analytical data processing equipment used for forensic
23 science laboratory purposes only, including equipment
24 which is microprocessor controlled or controllable, and
25 its software. Prior to the purchase of or contract for
26 such equipment, the Director of the Department of State
27 Police shall certify to the Comptroller and the Auditor
28 General that such equipment is necessary and an integral
29 component of the Department of State Police's statutory
30 investigatory duties and that competitive bidding will
31 hamper such statutory duties. Such certification shall
32 include the prices of and specifications of the equipment
33 to be purchased or contracted for and the prices,
34 specifications and reasons for rejection of comparative
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1 equipment by the Department of State Police. The
2 Comptroller shall file such certification with any
3 purchase vouchers or files maintained for the purchase.
4 The Auditor General shall require such certification to
5 be noted in audits performed at his direction.
6 (17) Purchases and contracts by the Department of
7 Nuclear Safety for the use, purchase or installation of
8 radiochemistry laboratory equipment, instruments and
9 equipment used to detect radiation or radioactivity, and
10 data processing equipment used for purposes of detecting
11 radiation or radioactivity. Prior to the purchase of or
12 contract for such equipment, the Director of the
13 Department of Nuclear Safety shall certify to the
14 Comptroller that such equipment is necessary and an
15 integral component of the Department of Nuclear Safety's
16 emergency response or radiation monitoring programs and
17 that competitive bidding will hamper such programs. Such
18 certification shall include the prices of and
19 specifications of the equipment to be purchased or
20 contracted for and the prices, specifications and reasons
21 for rejection of comparable equipment by the Department
22 of Nuclear Safety. The Comptroller shall file such
23 certification with any purchase vouchers or files
24 maintained for the purchase.
25 (18) Contracts entered into on or before June 30,
26 1998 under Section 105-440 49.25h of the Department of
27 Transportation Law (20 ILCS 2705/105-440) Civil
28 Administrative Code of Illinois for leasing or for
29 providing for use of railroad locomotives or other
30 rolling stock (including as it may be altered, improved,
31 serviced, maintained, repaired, or rehabilitated) in
32 existence at the time the contract is entered into.
33 a-1. In case of contracts for the construction of
34 buildings, or for other construction work in or about
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1 buildings and grounds, where the entire estimated cost of
2 such work exceeds $25,000, State agencies may provide that
3 prospective contractors, as well as architects and engineers
4 employed in connection with such projects, be prequalified to
5 determine their responsibility. Such prequalification may
6 require, without limitation, that the applicant for
7 prequalification list all public works contracts he has
8 performed within 2 years of the date of application, or the 4
9 most recent public works contracts he has performed,
10 whichever is fewer, and state whether he complied with the
11 Illinois Wage Assignment Act in performing such contracts.
12 Such statement shall be made under oath or affirmation and if
13 made falsely is punishable as perjury under Section 32-2 of
14 the Criminal Code of 1961.
15 a-1-a. Separate specifications shall be prepared, with
16 the exception of the Cardinal Creek Housing project and 2
17 grade schools associated with the Scott Joint-Use Airport in
18 St. Clair County which shall be permitted, as a one-time
19 exclusion, to allow turn-key development of the required
20 facilities on the basis of competitive quality, performance,
21 and price, for all equipment, labor and materials in
22 connection with the following 5 subdivisions of the work to
23 be performed:
24 1. Plumbing.
25 2. Heating, piping, refrigeration and automatic
26 temperature control systems, including the testing and
27 balancing of such systems.
28 3. Ventilating and distribution systems for
29 conditioned air, including the testing and balancing of
30 such systems.
31 4. Electric wiring.
32 5. General contract work.
33 Such specifications shall be so drawn as to permit
34 separate and independent competitive bidding upon each of the
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1 above 5 subdivisions of work; provided, however, if the total
2 estimated cost of all such work is less than $250,000,
3 separate and independent specifications are not required.
4 All contracts awarded for any part thereof shall award the 5
5 subdivisions of such work separately to responsible and
6 reliable persons, firms or corporations engaged in these
7 classes of work. Such contracts, at the discretion of the
8 awarding authority, may be assigned to the successful bidder
9 on the general contract work, or to the successful bidder on
10 the subdivision of work designated by the awarding authority
11 prior to competitive bidding as the prime subdivision of
12 work; provided that all payments will be made directly to the
13 contractors for the 5 subdivisions of such work upon
14 compliance with the conditions of the contract. A contract
15 may be let for one or more buildings in any project to the
16 same contractor. The specifications shall require, however,
17 that unless the buildings are identical, a separate price
18 shall be submitted for each building. The contract may be
19 awarded to the lowest responsible bidder for each or all of
20 the buildings included in the specifications.
21 As used in this subdivision a-1-a, "competitive bidding"
22 means bidding in which (i) bids are publicly solicited and
23 opened, (ii) the terms and conditions of the solicitation and
24 the bidding process apply equally to all bidders, (iii) bids
25 are awarded to the lowest responsive responsible bidder, and
26 (iv) the procedures used and imposed by the agency conform to
27 any applicable agency rules. A solicitation for bids may not
28 impose restrictions on source, supplier, or manufacturer,
29 except as otherwise provided in this Section. Competitive
30 bidding constitutes a competitive selection procedure for the
31 purposes of this Act.
32 Whenever any contract entered into by a State agency for
33 the repair, remodeling, renovation or construction of a
34 building or structure or for the construction or maintenance
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1 of a highway, as those terms are defined in Article 2 of the
2 Illinois Highway Code, or for the reclamation of abandoned
3 lands as those terms are defined in Article I of the
4 Abandoned Mined Lands and Water Reclamation Act, provides for
5 retention of a percentage of the contract price until final
6 completion and acceptance of the work, upon the request of
7 the contractor and with the approval of the State agency the
8 amount so retained may be deposited under a trust agreement
9 with an Illinois bank of the contractor's choice and subject
10 to the approval of the State agency. The contractor shall
11 receive any interest thereon. Upon application by the
12 contractor, the trust agreement must contain, as a minimum,
13 the following provisions:
14 A. the amount to be deposited subject to the trust;
15 B. the terms and conditions of payment in case of
16 default of the contractor;
17 C. the termination of the trust agreement upon
18 completion of the contract; and
19 D. the contractor shall be responsible for
20 obtaining the written consent of the bank trustee, and
21 any costs or service fees shall be borne by the
22 contractor.
23 The trust agreement may, at the discretion of the State
24 agency and upon request of the contractor, become operative
25 at the time of the first partial payment in accordance with
26 existing statutes and the State agency procedures.
27 a-2. In case of contracts for the purchase of supplies,
28 materials, commodities and equipment, wherever feasible
29 proposals shall be required to be itemized as to kind and the
30 solicitation for proposals shall state, with such degree of
31 particularity as the nature of the case permits, the quantity
32 of each item required.
33 a-3. That all contracts for the rental or lease of
34 electronic data processing equipment shall include a clause
-515- LRB9009239DJcd
1 that if more favorable terms are granted by the lessor,
2 supplier, dealer, or manufacturer to any similar state or
3 local governmental agency in any state in contemporaneous
4 leases or rental agreements covering data processing
5 equipment let under the same or similar financial terms and
6 circumstances, the more favorable terms shall be applicable
7 to all agreements or contracts made by any similar Illinois
8 state agency for the rental or lease of comparable data
9 processing equipment from the lessor, supplier, dealer, or
10 manufacturer.
11 b. That competitive procurement procedures shall be in
12 conformance with accepted business practices.
13 c. That proposals shall be publicly opened at the day
14 and hour and at the place specified in the solicitations.
15 d. That any contractor may be suspended for not more
16 than one year for violation of the competitive procurement
17 procedures of any State agency or for failure to conform to
18 specifications or terms of delivery.
19 e. When a public contract is to be awarded under
20 competitive selection procedures, a resident contractor must
21 be allowed a preference as against a non-resident bidder from
22 any state which gives or requires a preference to contractors
23 from that state. The preference is to be equal to the
24 preference given or required by the state of the non-resident
25 contractor. Further, if only non-resident contractors are
26 under consideration, the purchasing agency is within its
27 right to specify that Illinois labor and manufacturing
28 locations be used as a part of the manufacturing process, if
29 applicable. This specification may be negotiated, as part of
30 the solicitation process.
31 f. "Resident contractor" as used in this Section means a
32 person authorized to transact business in this State and
33 having a bona fide establishment for transacting business
34 within this State at which it was actually transacting
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1 business on the date when any competitive solicitation for a
2 public contract is first advertised or announced, including a
3 foreign corporation duly authorized to transact business in
4 this State which has a bona fide establishment for
5 transacting business within this State at which it was
6 actually transacting business on the date when any
7 competitive solicitation for a public contract is first
8 advertised or announced.
9 g. Paragraphs e and f of this Section do not apply to
10 any contract for any project as to which federal funds are
11 available for expenditure when such paragraphs may be in
12 conflict with federal law or federal regulation.
13 h. When a public contract is to be awarded under
14 competitive procurement procedures, an otherwise qualified
15 bidder who will fulfill the contract through the use of
16 products made of recycled materials may, on a pilot basis or
17 pursuant to a pilot study, be given preference over other
18 contractors unable to do so, provided that the cost included
19 in the proposal of products made of recycled materials is not
20 more than 10% greater than the cost of such products not made
21 of recycled materials.
22 i. That every contract for the provision of goods or
23 services shall provide that the vendor or contractor shall
24 maintain, for a minimum of 5 years after the completion of
25 the contract, adequate books, records, and supporting
26 documents to verify the amounts, recipients, and uses of all
27 disbursements of funds passing in conjunction with the
28 contract; that the contract and all books, records, and
29 supporting documents related to the contract shall be
30 available for review and audit by the Auditor General; and
31 that the contractor agrees to cooperate fully with any audit
32 conducted by the Auditor General and to provide full access
33 to all relevant materials. Failure to maintain the books,
34 records, and supporting documents required by this Section
-517- LRB9009239DJcd
1 shall establish a presumption in favor of the State for the
2 recovery of any funds paid by the State under the contract
3 for which adequate books, records, and supporting
4 documentation are not available to support their purported
5 disbursement.
6 j. A contract or expenditure that was made after June
7 30, 1992 and before the effective date of this amendatory Act
8 of 1995 shall not become invalid or be otherwise affected by
9 the changes to subdivision a-1-a of this Section made by this
10 amendatory Act of 1995.
11 (Source: P.A. 88-45; 89-254, eff. 8-8-95; 89-710, eff.
12 2-14-97.)
13 Section 5-215. The Downstate Public Transportation Act is
14 amended by changing Section 2-7 as follows:
15 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
16 Sec. 2-7. Quarterly reports; annual audit.
17 (a) Any Metro-East Transit District participant shall,
18 no later than 30 days following the end of each month of any
19 fiscal year, file with the Department on forms provided by
20 the Department for that purpose, a report of the actual
21 operating deficit experienced during that quarter. The
22 Department shall, upon receipt of the quarterly report, and
23 upon determining that such operating deficits were incurred
24 in conformity with the program of proposed expenditures
25 approved by the Department pursuant to Section 2-11, pay to
26 any Metro-East Transit District participant such portion of
27 such operating deficit as funds have been transferred to the
28 Metro-East Transit Public Transportation Fund and allocated
29 to that Metro-East Transit District participant.
30 (b) Each participant other than any Metro-East Transit
31 District participant shall, 30 days before the end of each
32 quarter, file with the Department on forms provided by the
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1 Department for such purposes a report of the projected
2 eligible operating expenses to be incurred in the next
3 quarter and 30 days before the third and fourth quarters of
4 any fiscal year a statement of actual eligible operating
5 expenses incurred in the preceding quarters. Within 45 days
6 of receipt by the Department of such quarterly report, the
7 Comptroller shall order paid and the Treasurer shall pay from
8 the Downstate Public Transportation Fund to each participant
9 an amount equal to one-third of such participant's eligible
10 operating expenses; provided, however, that in Fiscal Year
11 1997, the amount paid to each participant from the Downstate
12 Public Transportation Fund shall be an amount equal to 47% of
13 such participant's eligible operating expenses and shall be
14 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
15 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
16 and thereafter; however, in any year that a participant
17 receives funding under subsection (i) paragraph (9) of
18 Section 105-305 49.19 of the Department of Transportation Law
19 (20 ILCS 2705/105-305) Civil Administrative Code of Illinois,
20 that participant shall be eligible only for assistance equal
21 to the following percentage of its eligible operating
22 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
23 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
24 Fiscal Year 2001 and thereafter. Any such payment for the
25 third and fourth quarters of any fiscal year shall be
26 adjusted to reflect actual eligible operating expenses for
27 preceding quarters of such fiscal year. However, no
28 participant shall receive an amount less than that which was
29 received in the immediate prior year, provided in the event
30 of a shortfall in the fund those participants receiving less
31 than their full allocation pursuant to Section 6 of this
32 Article shall be the first participants to receive an amount
33 not less than that received in the immediate prior year.
34 (c) No later than 180 days following the last day of the
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1 Fiscal Year each participant shall provide the Department
2 with an audit prepared by a Certified Public Accountant
3 covering that Fiscal Year. Any discrepancy between the
4 grants paid and one-third of the eligible operating expenses
5 or in the case of the Bi-State Metropolitan Development
6 District the approved program amount shall be reconciled by
7 appropriate payment or credit. Beginning in Fiscal Year 1985,
8 for those participants other than the Bi-State Metropolitan
9 Development District, any discrepancy between the grants paid
10 and the percentage of the eligible operating expenses
11 provided for by paragraph (b) of this Section shall be
12 reconciled by appropriate payment or credit.
13 (Source: P.A. 89-598, eff. 8-1-96.)
14 Section 5-220. The Illinois Income Tax Act is amended by
15 changing Sections 302, 701, and 901 as follows:
16 (35 ILCS 5/302) (from Ch. 120, par. 3-302)
17 Sec. 302. Compensation paid to nonresidents.
18 (a) In general. All items of compensation paid in this
19 State (as determined under Section 304(a)(2)(B)) to an
20 individual who is a nonresident at the time of such payment
21 and all items of deduction directly allocable thereto, shall
22 be allocated to this State.
23 (b) Reciprocal exemption. The Director may enter into an
24 agreement with the taxing authorities of any state which
25 imposes a tax on or measured by income to provide that
26 compensation paid in such state to residents of this State
27 shall be exempt from such tax; in such case, any compensation
28 paid in this State to residents of such state shall not be
29 allocated to this State. All reciprocal agreements shall be
30 subject to the requirements of Section 95-575 39b53 of the
31 Department of Revenue Law (20 ILCS 2505/95-575) Civil
32 Administrative Code of Illinois.
-520- LRB9009239DJcd
1 (c) Cross references.
2 (1) For allocation of amounts received by
3 nonresidents from certain employee trusts, see Section
4 301(b)(2).
5 (2) For allocation of compensation by residents,
6 see Section 301(a).
7 (Source: P.A. 90-491, eff. 1-1-98.)
8 (35 ILCS 5/701) (from Ch. 120, par. 7-701)
9 Sec. 701. Requirement and Amount of Withholding.
10 (a) In General.
11 Every employer maintaining an office or transacting
12 business within this State and required under the provisions
13 of the Internal Revenue Code to withhold a tax on:
14 (1) compensation paid in this State (as determined
15 under Section 304 (a) (2) (B) to an individual; or
16 (2) payments described in subsection (b) shall
17 deduct and withhold from such compensation for each
18 payroll period (as defined in Section 3401 of the
19 Internal Revenue Code) an amount equal to the amount by
20 which such individual's compensation exceeds the
21 proportionate part of this withholding exemption
22 (computed as provided in Section 702) attributable to the
23 payroll period for which such compensation is payable
24 multiplied by a percentage equal to the percentage tax
25 rate for individuals provided in subsection (b) of
26 Section 201.
27 (b) Payment to Residents.
28 Any payment (including compensation) to a resident by a
29 payor maintaining an office or transacting business within
30 this State and on which withholding of tax is required under
31 the provisions of the Internal Revenue Code shall be deemed
32 to be compensation paid in this State by an employer to an
33 employee for the purposes of Article 7 and Section 601 (b)
-521- LRB9009239DJcd
1 (1) to the extent such payment is included in the recipient's
2 base income and not subjected to withholding by another
3 state.
4 (c) Special Definitions.
5 Withholding shall be considered required under the
6 provisions of the Internal Revenue Code to the extent the
7 Internal Revenue Code either requires withholding or allows
8 for voluntary withholding the payor and recipient have
9 entered into such a voluntary withholding agreement. For the
10 purposes of Article 7 and Section 1002 (c) the term
11 "employer" includes any payor who is required to withhold tax
12 pursuant to this Section.
13 (d) Reciprocal Exemption.
14 The Director may enter into an agreement with the taxing
15 authorities of any state which imposes a tax on or measured
16 by income to provide that compensation paid in such state to
17 residents of this State shall be exempt from withholding of
18 such tax; in such case, any compensation paid in this State
19 to residents of such state shall be exempt from withholding.
20 All reciprocal agreements shall be subject to the
21 requirements of Section 95-575 39b53 of the Department of
22 Revenue Law (20 ILCS 2505/95-575) Civil Administrative Code
23 of Illinois.
24 (e) Notwithstanding subsection (a) (2) of this Section,
25 no withholding is required on payments for which withholding
26 is required under Section 3405 or 3406 of the Internal
27 Revenue Code of 1954.
28 (Source: P.A. 90-491, eff. 1-1-98.)
29 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
30 Sec. 901. Collection Authority.
31 (a) In general.
32 The Department shall collect the taxes imposed by this
33 Act. The Department shall collect certified past due child
-522- LRB9009239DJcd
1 support amounts under Section 95-650 39b52 of the Department
2 of Revenue Law (20 ILCS 2505/95-650) Civil Administrative
3 Code of Illinois. Except as provided in subsections (c) and
4 (e) of this Section, money collected pursuant to subsections
5 (a) and (b) of Section 201 of this Act shall be paid into the
6 General Revenue Fund in the State treasury; money collected
7 pursuant to subsections (c) and (d) of Section 201 of this
8 Act shall be paid into the Personal Property Tax Replacement
9 Fund, a special fund in the State Treasury; and money
10 collected under Section 95-650 39b52 of the Department of
11 Revenue Law (20 ILCS 2505/95-650) Civil Administrative Code
12 of Illinois shall be paid into the Child Support Enforcement
13 Trust Fund, a special fund outside the State Treasury.
14 (b) Local Governmental Distributive Fund.
15 Beginning August 1, 1969, and continuing through June 30,
16 1994, the Treasurer shall transfer each month from the
17 General Revenue Fund to a special fund in the State treasury,
18 to be known as the "Local Government Distributive Fund", an
19 amount equal to 1/12 of the net revenue realized from the tax
20 imposed by subsections (a) and (b) of Section 201 of this Act
21 during the preceding month. Beginning July 1, 1994, and
22 continuing through June 30, 1995, the Treasurer shall
23 transfer each month from the General Revenue Fund to the
24 Local Government Distributive Fund an amount equal to 1/11 of
25 the net revenue realized from the tax imposed by subsections
26 (a) and (b) of Section 201 of this Act during the preceding
27 month. Beginning July 1, 1995, the Treasurer shall transfer
28 each month from the General Revenue Fund to the Local
29 Government Distributive Fund an amount equal to 1/10 of the
30 net revenue realized from the tax imposed by subsections (a)
31 and (b) of Section 201 of the Illinois Income Tax Act during
32 the preceding month. Net revenue realized for a month shall
33 be defined as the revenue from the tax imposed by subsections
34 (a) and (b) of Section 201 of this Act which is deposited in
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1 the General Revenue Fund, the Educational Assistance Fund and
2 the Income Tax Surcharge Local Government Distributive Fund
3 during the month minus the amount paid out of the General
4 Revenue Fund in State warrants during that same month as
5 refunds to taxpayers for overpayment of liability under the
6 tax imposed by subsections (a) and (b) of Section 201 of this
7 Act.
8 (c) Deposits Into Income Tax Refund Fund.
9 (1) Beginning on January 1, 1989 and thereafter,
10 the Department shall deposit a percentage of the amounts
11 collected pursuant to subsections (a) and (b)(1), (2),
12 and (3), of Section 201 of this Act into a fund in the
13 State treasury known as the Income Tax Refund Fund. The
14 Department shall deposit 6% of such amounts during the
15 period beginning January 1, 1989 and ending on June 30,
16 1989. Beginning with State fiscal year 1990 and for each
17 fiscal year thereafter, the percentage deposited into the
18 Income Tax Refund Fund during a fiscal year shall be the
19 Annual Percentage. The Annual Percentage shall be
20 calculated as a fraction, the numerator of which shall be
21 the amount of refunds approved for payment by the
22 Department during the preceding fiscal year as a result
23 of overpayment of tax liability under subsections (a) and
24 (b)(1), (2), and (3) of Section 201 of this Act plus the
25 amount of such refunds remaining approved but unpaid at
26 the end of the preceding fiscal year minus any surplus
27 which remains on deposit in the Income Tax Refund Fund at
28 the end of the preceding year, the denominator of which
29 shall be the amounts which will be collected pursuant to
30 subsections (a) and (b)(1), (2), and (3) of Section 201
31 of this Act during the preceding fiscal year. The
32 Director of Revenue shall certify the Annual Percentage
33 to the Comptroller on the last business day of the fiscal
34 year immediately preceding the fiscal year for which it
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1 is it to be effective.
2 (2) Beginning on January 1, 1989 and thereafter,
3 the Department shall deposit a percentage of the amounts
4 collected pursuant to subsections (a) and (b)(6), (7),
5 and (8), (c) and (d) of Section 201 of this Act into a
6 fund in the State treasury known as the Income Tax Refund
7 Fund. The Department shall deposit 18% of such amounts
8 during the period beginning January 1, 1989 and ending on
9 June 30, 1989. Beginning with State fiscal year 1990 and
10 for each fiscal year thereafter, the percentage deposited
11 into the Income Tax Refund Fund during a fiscal year
12 shall be the Annual Percentage. The Annual Percentage
13 shall be calculated as a fraction, the numerator of which
14 shall be the amount of refunds approved for payment by
15 the Department during the preceding fiscal year as a
16 result of overpayment of tax liability under subsections
17 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
18 of this Act plus the amount of such refunds remaining
19 approved but unpaid at the end of the preceding fiscal
20 year, the denominator of which shall be the amounts which
21 will be collected pursuant to subsections (a) and (b)(6),
22 (7), and (8), (c) and (d) of Section 201 of this Act
23 during the preceding fiscal year. The Director of
24 Revenue shall certify the Annual Percentage to the
25 Comptroller on the last business day of the fiscal year
26 immediately preceding the fiscal year for which it is to
27 be effective.
28 (d) Expenditures from Income Tax Refund Fund.
29 (1) Beginning January 1, 1989, money in the Income
30 Tax Refund Fund shall be expended exclusively for the
31 purpose of paying refunds resulting from overpayment of
32 tax liability under Section 201 of this Act and for
33 making transfers pursuant to this subsection (d).
34 (2) The Director shall order payment of refunds
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1 resulting from overpayment of tax liability under Section
2 201 of this Act from the Income Tax Refund Fund only to
3 the extent that amounts collected pursuant to Section 201
4 of this Act and transfers pursuant to this subsection (d)
5 have been deposited and retained in the Fund.
6 (3) On the last business day of each fiscal year,
7 the Director shall order transferred and the State
8 Treasurer and State Comptroller shall transfer from the
9 Income Tax Refund Fund to the Personal Property Tax
10 Replacement Fund an amount, certified by the Director to
11 the Comptroller, equal to the excess of the amount
12 collected pursuant to subsections (c) and (d) of Section
13 201 of this Act deposited into the Income Tax Refund Fund
14 during the fiscal year over the amount of refunds
15 resulting from overpayment of tax liability under
16 subsections (c) and (d) of Section 201 of this Act paid
17 from the Income Tax Refund Fund during the fiscal year.
18 (4) On the last business day of each fiscal year,
19 the Director shall order transferred and the State
20 Treasurer and State Comptroller shall transfer from the
21 Personal Property Tax Replacement Fund to the Income Tax
22 Refund Fund an amount, certified by the Director to the
23 Comptroller, equal to the excess of the amount of refunds
24 resulting from overpayment of tax liability under
25 subsections (c) and (d) of Section 201 of this Act paid
26 from the Income Tax Refund Fund during the fiscal year
27 over the amount collected pursuant to subsections (c) and
28 (d) of Section 201 of this Act deposited into the Income
29 Tax Refund Fund during the fiscal year.
30 (5) This Act shall constitute an irrevocable and
31 continuing appropriation from the Income Tax Refund Fund
32 for the purpose of paying refunds upon the order of the
33 Director in accordance with the provisions of this
34 Section.
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1 (e) Deposits into the Education Assistance Fund and the
2 Income Tax Surcharge Local Government Distributive Fund.
3 On July 1, 1991, and thereafter, of the amounts collected
4 pursuant to subsections (a) and (b) of Section 201 of this
5 Act, minus deposits into the Income Tax Refund Fund, the
6 Department shall deposit 7.3% into the Education Assistance
7 Fund in the State Treasury. Beginning July 1, 1991, and
8 continuing through January 31, 1993, of the amounts collected
9 pursuant to subsections (a) and (b) of Section 201 of the
10 Illinois Income Tax Act, minus deposits into the Income Tax
11 Refund Fund, the Department shall deposit 3.0% into the
12 Income Tax Surcharge Local Government Distributive Fund in
13 the State Treasury. Beginning February 1, 1993 and
14 continuing through June 30, 1993, of the amounts collected
15 pursuant to subsections (a) and (b) of Section 201 of the
16 Illinois Income Tax Act, minus deposits into the Income Tax
17 Refund Fund, the Department shall deposit 4.4% into the
18 Income Tax Surcharge Local Government Distributive Fund in
19 the State Treasury. Beginning July 1, 1993, and continuing
20 through June 30, 1994, of the amounts collected under
21 subsections (a) and (b) of Section 201 of this Act, minus
22 deposits into the Income Tax Refund Fund, the Department
23 shall deposit 1.475% into the Income Tax Surcharge Local
24 Government Distributive Fund in the State Treasury.
25 (Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)
26 Section 5-225. The Hotel Operators' Occupation Tax Act
27 is amended by changing Section 6 as follows:
28 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
29 Sec. 6. Except as provided hereinafter in this Section,
30 on or before the last day of each calendar month, every
31 person engaged in the business of renting, leasing or letting
32 rooms in a hotel in this State during the preceding calendar
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1 month shall file a return with the Department, stating:
2 1. The name of the operator;
3 2. His residence address and the address of his
4 principal place of business and the address of the
5 principal place of business (if that is a different
6 address) from which he engages in the business of
7 renting, leasing or letting rooms in a hotel in this
8 State;
9 3. Total amount of rental receipts received by him
10 during the preceding calendar month from renting, leasing
11 or letting rooms during such preceding calendar month;
12 4. Total amount of rental receipts received by him
13 during the preceding calendar month from renting, leasing
14 or letting rooms to permanent residents during such
15 preceding calendar month;
16 5. Total amount of other exclusions from gross
17 rental receipts allowed by this Act;
18 6. Gross rental receipts which were received by him
19 during the preceding calendar month and upon the basis of
20 which the tax is imposed;
21 7. The amount of tax due;
22 8. Such other reasonable information as the
23 Department may require.
24 If the operator's average monthly tax liability to the
25 Department does not exceed $200, the Department may authorize
26 his returns to be filed on a quarter annual basis, with the
27 return for January, February and March of a given year being
28 due by April 30 of such year; with the return for April, May
29 and June of a given year being due by July 31 of such year;
30 with the return for July, August and September of a given
31 year being due by October 31 of such year, and with the
32 return for October, November and December of a given year
33 being due by January 31 of the following year.
34 If the operator's average monthly tax liability to the
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1 Department does not exceed $50, the Department may authorize
2 his returns to be filed on an annual basis, with the return
3 for a given year being due by January 31 of the following
4 year.
5 Such quarter annual and annual returns, as to form and
6 substance, shall be subject to the same requirements as
7 monthly returns.
8 Notwithstanding any other provision in this Act
9 concerning the time within which an operator may file his
10 return, in the case of any operator who ceases to engage in a
11 kind of business which makes him responsible for filing
12 returns under this Act, such operator shall file a final
13 return under this Act with the Department not more than 1
14 month after discontinuing such business.
15 Where the same person has more than 1 business registered
16 with the Department under separate registrations under this
17 Act, such person shall not file each return that is due as a
18 single return covering all such registered businesses, but
19 shall file separate returns for each such registered
20 business.
21 In his return, the operator shall determine the value of
22 any consideration other than money received by him in
23 connection with the renting, leasing or letting of rooms in
24 the course of his business and he shall include such value in
25 his return. Such determination shall be subject to review
26 and revision by the Department in the manner hereinafter
27 provided for the correction of returns.
28 Where the operator is a corporation, the return filed on
29 behalf of such corporation shall be signed by the president,
30 vice-president, secretary or treasurer or by the properly
31 accredited agent of such corporation.
32 The person filing the return herein provided for shall,
33 at the time of filing such return, pay to the Department the
34 amount of tax herein imposed. The operator filing the return
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1 under this Section shall, at the time of filing such return,
2 pay to the Department the amount of tax imposed by this Act
3 less a discount of 2.1% or $25 per calendar year, whichever
4 is greater, which is allowed to reimburse the operator for
5 the expenses incurred in keeping records, preparing and
6 filing returns, remitting the tax and supplying data to the
7 Department on request.
8 There shall be deposited in the Build Illinois Fund in
9 the State Treasury for each State fiscal year 40% of the
10 amount of total net proceeds from the tax imposed by
11 subsection (a) of Section 3. Of the remaining 60%, $5,000,000
12 shall be deposited in the Illinois Sports Facilities Fund and
13 credited to the Subsidy Account each fiscal year by making
14 monthly deposits in the amount of 1/8 of $5,000,000 plus
15 cumulative deficiencies in such deposits for prior months,
16 and an additional $8,000,000 shall be deposited in the
17 Illinois Sports Facilities Fund and credited to the Advance
18 Account each fiscal year by making monthly deposits in the
19 amount of 1/8 of $8,000,000 plus any cumulative deficiencies
20 in such deposits for prior months. (The deposits of the
21 additional $8,000,000 during each fiscal year shall be
22 treated as advances of funds to the Illinois Sports
23 Facilities Authority for its corporate purposes to the extent
24 paid to the Authority or its trustee and shall be repaid into
25 the General Revenue Fund in the State Treasury by the State
26 Treasurer on behalf of the Authority solely from collections
27 of the tax imposed by the Authority pursuant to Section 19 of
28 the Illinois Sports Facilities Act, as amended.)
29 Of the remaining 60% of the amount of total net proceeds
30 from the tax imposed by subsection (a) of Section 3 after all
31 required deposits in the Illinois Sports Facilities Fund, the
32 amount equal to 8% of the net revenue realized from the Hotel
33 Operators' Occupation Tax Act plus an amount equal to 8% of
34 the net revenue realized from any tax imposed under Section
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1 4.05 of the Chicago World's Fair-1992 Authority during the
2 preceding month shall be deposited in the Local Tourism Fund
3 each month for purposes authorized by Section 35-705 46.6a of
4 the Department of Commerce and Community Affairs Law (20 ILCS
5 605/35-705 Civil Administrative Code of Illinois in the Local
6 Tourism Fund. "Net revenue realized for a month" means the
7 revenue collected by the State under that Act during the
8 previous month less the amount paid out during that same
9 month as refunds to taxpayers for overpayment of liability
10 under that Act.
11 After making all these deposits, all other proceeds of
12 the tax imposed under subsection (a) of Section 3 shall be
13 deposited in the General Revenue Fund in the State Treasury.
14 All moneys received by the Department from the additional tax
15 imposed under subsection (b) of Section 3 shall be deposited
16 into the Build Illinois Fund in the State Treasury.
17 The Department may, upon separate written notice to a
18 taxpayer, require the taxpayer to prepare and file with the
19 Department on a form prescribed by the Department within not
20 less than 60 days after receipt of the notice an annual
21 information return for the tax year specified in the notice.
22 Such annual return to the Department shall include a
23 statement of gross receipts as shown by the operator's last
24 State income tax return. If the total receipts of the
25 business as reported in the State income tax return do not
26 agree with the gross receipts reported to the Department for
27 the same period, the operator shall attach to his annual
28 information return a schedule showing a reconciliation of the
29 2 amounts and the reasons for the difference. The operator's
30 annual information return to the Department shall also
31 disclose pay roll information of the operator's business
32 during the year covered by such return and any additional
33 reasonable information which the Department deems would be
34 helpful in determining the accuracy of the monthly, quarterly
-531- LRB9009239DJcd
1 or annual tax returns by such operator as hereinbefore
2 provided for in this Section.
3 If the annual information return required by this Section
4 is not filed when and as required the taxpayer shall be
5 liable for a penalty in an amount determined in accordance
6 with Section 3-4 of the Uniform Penalty and Interest Act
7 until such return is filed as required, the penalty to be
8 assessed and collected in the same manner as any other
9 penalty provided for in this Act.
10 The chief executive officer, proprietor, owner or highest
11 ranking manager shall sign the annual return to certify the
12 accuracy of the information contained therein. Any person
13 who willfully signs the annual return containing false or
14 inaccurate information shall be guilty of perjury and
15 punished accordingly. The annual return form prescribed by
16 the Department shall include a warning that the person
17 signing the return may be liable for perjury.
18 The foregoing portion of this Section concerning the
19 filing of an annual information return shall not apply to an
20 operator who is not required to file an income tax return
21 with the United States Government.
22 (Source: P.A. 90-26, eff. 7-1-97.)
23 Section 5-227. The Uniform Penalty and Interest Act is
24 amended by changing Section 3-3 as follows:
25 (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
26 Sec. 3-3. Penalty for failure to file or pay.
27 (a) This subsection (a) is applicable before January 1,
28 1996. A penalty of 5% of the tax required to be shown due on
29 a return shall be imposed for failure to file the tax return
30 on or before the due date prescribed for filing determined
31 with regard for any extension of time for filing (penalty for
32 late filing or nonfiling). If any unprocessable return is
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1 corrected and filed within 21 days after notice by the
2 Department, the late filing or nonfiling penalty shall not
3 apply. If a penalty for late filing or nonfiling is imposed
4 in addition to a penalty for late payment, the total penalty
5 due shall be the sum of the late filing penalty and the
6 applicable late payment penalty. Beginning on the effective
7 date of this amendatory Act of 1995, in the case of any type
8 of tax return required to be filed more frequently than
9 annually, when the failure to file the tax return on or
10 before the date prescribed for filing (including any
11 extensions) is shown to be nonfraudulent and has not occurred
12 in the 2 years immediately preceding the failure to file on
13 the prescribed due date, the penalty imposed by section
14 3-3(a) shall be abated.
15 (a-5) This subsection (a-5) is applicable on and after
16 January 1, 1996. A penalty equal to 2% of the tax required to
17 be shown due on a return, up to a maximum amount of $250,
18 determined without regard to any part of the tax that is paid
19 on time or by any credit that was properly allowable on the
20 date the return was required to be filed, shall be imposed
21 for failure to file the tax return on or before the due date
22 prescribed for filing determined with regard for any
23 extension of time for filing. However, if any return is not
24 filed within 30 days after notice of nonfiling mailed by the
25 Department to the last known address of the taxpayer
26 contained in Department records, an additional penalty amount
27 shall be imposed equal to the greater of $250 or 2% of the
28 tax shown on the return. However, the additional penalty
29 amount may not exceed $5,000 and is determined without regard
30 to any part of the tax that is paid on time or by any credit
31 that was properly allowable on the date the return was
32 required to be filed (penalty for late filing or nonfiling).
33 If any unprocessable return is corrected and filed within 30
34 days after notice by the Department, the late filing or
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1 nonfiling penalty shall not apply. If a penalty for late
2 filing or nonfiling is imposed in addition to a penalty for
3 late payment, the total penalty due shall be the sum of the
4 late filing penalty and the applicable late payment penalty.
5 In the case of any type of tax return required to be filed
6 more frequently than annually, when the failure to file the
7 tax return on or before the date prescribed for filing
8 (including any extensions) is shown to be nonfraudulent and
9 has not occurred in the 2 years immediately preceding the
10 failure to file on the prescribed due date, the penalty
11 imposed by section 3-3(a) shall be abated.
12 (b) This subsection is applicable before January 1,
13 1998. A penalty of 15% of the tax shown on the return or the
14 tax required to be shown due on the return shall be imposed
15 for failure to pay:
16 (1) the tax shown due on the return on or before
17 the due date prescribed for payment of that tax, an
18 amount of underpayment of estimated tax, or an amount
19 that is reported in an amended return other than an
20 amended return timely filed as required by subsection (b)
21 of Section 506 of the Illinois Income Tax Act (penalty
22 for late payment or nonpayment of admitted liability); or
23 (2) the full amount of any tax required to be shown
24 due on a return and which is not shown (penalty for late
25 payment or nonpayment of additional liability), within 30
26 days after a notice of arithmetic error, notice and
27 demand, or a final assessment is issued by the
28 Department. In the case of a final assessment arising
29 following a protest and hearing, the 30-day period shall
30 not begin until all proceedings in court for review of
31 the final assessment have terminated or the period for
32 obtaining a review has expired without proceedings for a
33 review having been instituted. In the case of a notice
34 of tax liability that becomes a final assessment without
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1 a protest and hearing, the penalty provided in this
2 paragraph (2) shall be imposed at the expiration of the
3 period provided for the filing of a protest.
4 (b-5) This subsection is applicable on and after January
5 1, 1998. A penalty of 20% of the tax shown on the return or
6 the tax required to be shown due on the return shall be
7 imposed for failure to pay:
8 (1) the tax shown due on the return on or before
9 the due date prescribed for payment of that tax, an
10 amount of underpayment of estimated tax, or an amount
11 that is reported in an amended return other than an
12 amended return timely filed as required by subsection (b)
13 of Section 506 of the Illinois Income Tax Act (penalty
14 for late payment or nonpayment of admitted liability); or
15 (2) the full amount of any tax required to be shown
16 due on a return and which is not shown (penalty for late
17 payment or nonpayment of additional liability), within 30
18 days after a notice of arithmetic error, notice and
19 demand, or a final assessment is issued by the
20 Department. In the case of a final assessment arising
21 following a protest and hearing, the 30-day period shall
22 not begin until all proceedings in court for review of
23 the final assessment have terminated or the period for
24 obtaining a review has expired without proceedings for a
25 review having been instituted. In the case of a notice
26 of tax liability that becomes a final assessment without
27 a protest and hearing, the penalty provided in this
28 paragraph (2) shall be imposed at the expiration of the
29 period provided for the filing of a protest.
30 (c) For purposes of the late payment penalties, the
31 basis of the penalty shall be the tax shown or required to be
32 shown on a return, whichever is applicable, reduced by any
33 part of the tax which is paid on time and by any credit which
34 was properly allowable on the date the return was required to
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1 be filed.
2 (d) A penalty shall be applied to the tax required to be
3 shown even if that amount is less than the tax shown on the
4 return.
5 (e) If both a subsection (b)(1) penalty and a subsection
6 (b)(2) penalty are assessed against the same return, the
7 subsection (b)(2) penalty shall be assessed against only the
8 additional tax found to be due.
9 (f) If the taxpayer has failed to file the return, the
10 Department shall determine the correct tax according to its
11 best judgment and information, which amount shall be prima
12 facie evidence of the correctness of the tax due.
13 (g) The time within which to file a return or pay an
14 amount of tax due without imposition of a penalty does not
15 extend the time within which to file a protest to a notice of
16 tax liability or a notice of deficiency.
17 (h) No return shall be determined to be unprocessable
18 because of the omission of any information requested on the
19 return pursuant to Section 95-575 39b53 of the Department of
20 Revenue Law (20 ILCS 2505/95-575) Civil Administrative Code
21 of Illinois.
22 (Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
23 90-491, eff. 1-1-98; 90-548, eff. 12-4-97.)
24 Section 5-230. The Interstate Mining Compact Act is
25 amended by changing Section 2 as follows:
26 (45 ILCS 50/2) (from Ch. 96 1/2, par. 4712)
27 Sec. 2. The State mining board established by Section
28 5-155 5.04 of "the Departments of State Government Law (20
29 ILCS 5/5-155) Civil Administrative Code of Illinois",
30 approved March 7, 1917, as amended, is designated the
31 advisory body referred to in Article V (a) of the Interstate
32 Mining Compact. No member of the Board shall receive any
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1 compensation on account of duties established by this Act,
2 but any such member shall be entitled to reimbursement for
3 expenses actually incurred by him in connection with his
4 service as the Governor's alternate on the Interstate Mining
5 Commission.
6 (Source: P.A. 79-231.)
7 Section 5-235. The Industrial Building Revenue Bond Act
8 is amended by changing Section 2 as follows:
9 (50 ILCS 445/2) (from Ch. 85, par. 872)
10 Sec. 2. Definitions. In this Act, unless a different
11 meaning clearly appears from the context:
12 (a) "Authority" means any county, county public building
13 commission in a county bordered by the Mississippi River and
14 having a population greater than 260,000, municipality, or
15 airport authority or port district in this State. "Authority"
16 also means a river conservancy district wholly contained
17 within 2 counties, in which district there are at least 3
18 municipalities each having a population of 5,000 or more
19 within the district.
20 (b) "Industrial project" means any (1) capital project,
21 comprising of one or more buildings and other structures,
22 improvements, machinery and equipment, whether or not on the
23 same site or sites now existing or hereafter acquired,
24 suitable for use by any manufacturing, industrial, research,
25 transportation or commercial enterprise, including but not
26 limited to, use as a factory, mill, processing plant,
27 assembly plant, packaging plant, fabricating plant, office
28 building, industrial distribution center, warehouse, repair,
29 overhaul or service facility, freight terminal, research
30 facility, test facility, railroad facility, commercial
31 facility, and including also the sites thereof and other
32 rights in land therefor whether improved or unimproved, site
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1 preparation and landscaping, and all appurtenances and
2 facilities incidental thereto such as utilities, access
3 roads, railroad sidings, truck docking and similar
4 facilities, parking facilities, dockage, wharfage, railroad
5 roadbed, track, trestle, depot, terminal, switching and
6 signaling equipment or related equipment, and other
7 improvements necessary or convenient thereto; (2) any land,
8 buildings, machinery or equipment comprising an addition to
9 or renovation, rehabilitation or improvement of any existing
10 capital project; (3) construction, remodeling or conversion
11 of a structure to be leased to the Illinois Department of
12 Corrections for the purposes of its serving as a correctional
13 institution or facility pursuant to paragraph (c) of Section
14 3-2-2 of the Unified Code of Corrections; or (4)
15 construction, remodeling or conversion of a structure to be
16 leased to the Department of Central Management Services for
17 the purpose of serving as a State facility pursuant to
18 Section 25-320 67.25 of the Department of Central Management
19 Services Law (20 ILCS 405/25-320) Civil Administrative Code
20 of Illinois.
21 (Source: P.A. 87-244.)
22 Section 5-240. The Illinois Municipal Code is amended by
23 changing Sections 10-2.1-6.2, 11-4-4, and 11-74-2 as follows:
24 (65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
25 Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
26 Commissioners is authorized or required by law to consider
27 some aspect of criminal history record information for the
28 purpose of carrying out its statutory powers and
29 responsibilities, then, upon request and payment of fees in
30 conformance with the requirements of subsection 22 of Section
31 100-400 55a of "the Department of State Police Law (20 ILCS
32 2605/100-400) Civil Administrative Code of Illinois", the
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1 Department of State Police is authorized to furnish, pursuant
2 to positive identification, such information contained in
3 State files as is necessary to fulfill the request.
4 (Source: P.A. 86-610.)
5 (65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4)
6 Sec. 11-4-4.
7 The board of inspectors shall serve without fee or
8 compensation. It shall be their duty to assure that the house
9 of correction is operated in accordance with the minimum
10 standards established by the Department of Corrections
11 pursuant to Section 3-15-2 of the Unified Code of Corrections
12 Section 55a of "The Civil Administrative Code of Illinois",
13 approved March 7, 1917, as now or hereafter amended. There
14 shall be a meeting of the entire board, at the house of
15 correction, once every 3 months. At such meeting the board
16 shall fully examine into the management in every department,
17 hear and determine all complaints or questions not within the
18 province of the superintendent to determine, and make such
19 further rules and regulations for the good government of the
20 house of correction as to them shall seem proper and
21 necessary. One of the appointed inspectors shall visit the
22 house of correction at least once in each month. All rules,
23 regulations or other orders of the board shall be recorded in
24 a book to be kept for that purpose, which shall be deemed a
25 public record, and, with the other books and records of the
26 house of correction, shall be at all times subject to the
27 examination of any member or committee of the corporate
28 authorities, the comptroller, treasurer, corporation counsel
29 or attorney of any such city.
30 (Source: P.A. 77-869.)
31 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
32 Sec. 11-74-2. Whenever used in this Division 74, unless a
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1 different meaning clearly appears from the context:
2 (1) "Industrial project" means any (a) capital project,
3 including one or more buildings and other structures,
4 improvements, machinery and equipment whether or not on the
5 same site or sites now existing or hereafter acquired,
6 suitable for use by any manufacturing, industrial, research,
7 transportation or commercial enterprise, including but not
8 limited to, use as a factory, mill, processing plant,
9 assembly plant, packaging plant, fabricating plant, office
10 building, industrial distribution center, warehouse, repair,
11 overhaul or service facility, freight terminal, research
12 facility, test facility, railroad facility, or commercial
13 facility, and including also the sites thereof and other
14 rights in land therefor whether improved or unimproved, site
15 preparation and landscaping, and all appurtenances and
16 facilities incidental thereto such as utilities, access
17 roads, railroad sidings, truck docking and similar
18 facilities, parking facilities, dockage, wharfage, and other
19 improvements necessary or convenient thereto; or (b) any
20 land, buildings, machinery or equipment comprising an
21 addition to, or renovation, rehabilitation or improvement of
22 any existing capital project; (c) construction, remodeling or
23 conversion of a structure to be leased to the Illinois
24 Department of Corrections for the purposes of its serving as
25 a correctional institution or facility pursuant to paragraph
26 (c) of Section 3-2-2 of the Unified Code of Corrections; or
27 (d) construction, remodeling or conversion of a structure to
28 be leased to the Department of Central Management Services
29 for the purpose of serving as a State facility pursuant to
30 Section 25-320 67.25 of the Department of Central Management
31 Services Law (20 ILCS 405/25-320) Civil Administrative Code
32 of Illinois.
33 (2) "Municipality" includes any city, village or
34 incorporated town in this State.
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1 (Source: P.A. 84-946; revised 7-21-97.)
2 Section 5-245. The Illinois Medical District Act is
3 amended by changing Sections 4 and 5b as follows:
4 (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
5 Sec. 4. The Commission may, in its corporate capacity,
6 construct or cause or permit to be constructed in such
7 District, hospitals, sanitariums, clinics, laboratories, or
8 any other institution, building or structure or other
9 ancillary or related facilities which the Commission may,
10 from time to time, determine are established and operated for
11 the carrying out of any aspect of the Commission's purpose as
12 set forth in this Act, or are established and operated for
13 the study, diagnosis, and treatment of human ailments and
14 injuries, whether physical or mental, or to promote medical,
15 surgical, and scientific research and knowledge, or for any
16 uses the Commission shall determine will support and nurture
17 facilities, and uses permitted by this Act, or for such
18 nursing, extended care, or other facilities as the Commission
19 shall find useful in the study of, research in, or treatment
20 of illnesses or infirmities peculiar to aged people, after a
21 public hearing to be held by any Commissioner or other person
22 authorized by the Commission to conduct the same, which
23 Commissioner or other person shall have the power to
24 administer oaths and affirmations and take the testimony of
25 witnesses and receive such documentary evidence as shall be
26 pertinent, the record of which hearing he shall certify to
27 the Commission, which record shall become part of the records
28 of the Commission, notice of the time, place, and purpose of
29 such hearings to be given by a single publication notice in a
30 secular newspaper of general circulation in the city of
31 Chicago at least ten days prior to the date of such hearing,
32 or for such institutions as shall engage in the training,
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1 education, or rehabilitation of persons who by reason of
2 illness or physical infirmity are wholly or partially
3 deprived of their powers of vision or hearing or of the use
4 of such other part or parts of their bodies as prevent them
5 from pursuing normal activities of life, or office buildings
6 for physicians or dealers in medical accessories, or
7 dormitories, homes or residences for the medical profession,
8 including interns, nurses, students or other officers or
9 employees of the institutions within the District, or for the
10 use of relatives of patients in the hospitals or other
11 institutions within the District, or for the rehabilitation
12 or establishment of residential structures within a currently
13 effective historic district properly designated under a
14 federal statute or a State or local statute that has been
15 certified by the Secretary of the Interior to the Secretary
16 of the Treasury as containing criteria which will
17 substantially achieve the purpose of preserving and
18 rehabilitating buildings of historic significance to the
19 district, or in the area of such District located west of
20 South Damen Avenue and north of West Polk Street, commonly
21 known as the Chicago Technology Park or such other areas of
22 the District as the Commission shall designate, for research,
23 development and resultant production, in any of the fields of
24 medicine, chemistry, pharmaceuticals, physics and genetically
25 engineered products, for biotechnology, information
26 technology, medical technology, or environmental technology,
27 or for the research and development of engineering or for
28 computer technology related to any of the purposes for which
29 the Commission may construct structures and improvements
30 within the District. All such structures and improvements
31 shall be erected and constructed in accordance with Section
32 49 of the Civil Administrative Code of Illinois, and the
33 Illinois Purchasing Act, to the same extent as if the
34 Commission were a Code Department. The Commission shall
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1 administer and exercise ultimate authority with respect to
2 the development and operation of the Chicago Technology Park,
3 and any extensions or expansion thereof. In addition, the
4 Commission may create a development area within the area of
5 the District located south of Roosevelt Road, called the
6 District Development Area in this Act. Within the District
7 Development Area the Commission may cause to be acquired or
8 constructed commercial and other types of development, public
9 and private, if the Commission determines that the commercial
10 developments are ancillary to and necessary for the support
11 of facilities within the District and any other purposes of
12 the District, after a public hearing held by a commissioner
13 or the person authorized by the Commission to conduct the
14 hearing. The Commissioner or other authorized persons shall
15 have the power to administer oaths and affirmations, take the
16 testimony of witnesses, receive pertinent evidence, and
17 certify the record of the hearing to the Commission. The
18 record of the hearing shall become part of the Commissions
19 records. Notice of the time, place, and purpose of the
20 hearing shall be given by a single publication notice in a
21 secular newspaper of general circulation in the City of
22 Chicago at least 10 days before the date of the hearing. In
23 addition to the powers set forth above, the Commission may
24 sell, lease, develop, operate, and manage for any person,
25 firm, partnership, or corporation, either public or private,
26 all or any part of the land, buildings, facilities,
27 equipment, or other property included in the District
28 Development Area and any medical research and high technology
29 park or the designated commercial development area upon the
30 terms and conditions the Commission may deem advisable, and
31 may enter into any contract or agreement with any person,
32 firm, partnership, or corporation, either public or private,
33 or any combination of the foregoing, as may be necessary or
34 suitable for the creation, marketing, development,
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1 construction, reconstruction, rehabilitation, financing,
2 operation and maintenance, and management of the District
3 Development Area and any technology park or designated
4 commercial development area; and may sell or lease to any
5 person, firm, partnership, or corporation, either public or
6 private, any part or all of the land, building, facilities,
7 equipment, or other property of the park or the designated
8 commercial development area upon the rentals, terms, and
9 conditions as the Commission may deem advisable; and may
10 finance all or part of the cost of the Commission's
11 development and operation of the District Development Area as
12 well as any park or the designated commercial development
13 area, including the creation, marketing, development,
14 purchase, lease, construction, reconstruction,
15 rehabilitation, improvement, remodeling, addition to,
16 extension, and maintenance of all or part of the high
17 technology park or the designated commercial development
18 area, and all equipment and furnishings, by legislative
19 appropriations, government grants, contracts, private gifts,
20 loans, bonds, receipts from the sale or lease of land for the
21 operation of the District and any high technology park or the
22 designated commercial development area, rentals, and similar
23 receipts or other sources of revenue legally available for
24 these purposes. The Commission also may defray the expenses
25 of the operation of the District Development Area and
26 technology park, improvements to the District Development
27 Area and technology park, provision of shared services,
28 common facilities and common area expenses, benefiting owners
29 and occupants of property within the District Development
30 Area and the technology park by general assessment, special
31 assessment, or the imposition of service or user fees. As to
32 the entities eligible to be members of the advisory District
33 Member Council, such assessments or impositions may be
34 undertaken only with District Member Council consent as
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1 provided in Section 8. For a period of 6 years after July 1,
2 1995, the Commission may acquire any real and personal
3 property within the Development Area of the District by
4 immediate vesting of title, commonly referred to as
5 "quick-take", pursuant to Sections 7-103 through 7-112 of the
6 Code of Civil Procedure.
7 (Source: P.A. 89-356, eff. 8-17-95.)
8 (70 ILCS 915/5b) (from Ch. 111 1/2, par. 5008)
9 Sec. 5b. The Department of Central Management Services
10 shall exercise the same powers in regard to the Commission as
11 it exercises for Code Departments under Section 25-15 35.4 of
12 the Department of Central Management Services Law (20 ILCS
13 405/25-15) Civil Administrative Code of Illinois.
14 (Source: P.A. 89-356, eff. 8-17-95.)
15 Section 5-250. The Regional Transportation Authority Act
16 is amended by changing Sections 4.01, 4.09, and 4.11 as
17 follows:
18 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
19 Sec. 4.01. Budget and Program.
20 (a) The Board shall control the finances of the
21 Authority. It shall by ordinance appropriate money to perform
22 the Authority's purposes and provide for payment of debts and
23 expenses of the Authority. Each year the Authority shall
24 prepare and publish a comprehensive annual budget and program
25 document describing the state of the Authority and presenting
26 for the forthcoming fiscal year the Authority's plans for
27 such operations and capital expenditures as the Authority
28 intends to undertake and the means by which it intends to
29 finance them. The proposed program and budget shall contain a
30 statement of the funds estimated to be on hand at the
31 beginning of the fiscal year, the funds estimated to be
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1 received from all sources for such year and the funds
2 estimated to be on hand at the end of such year. After
3 adoption of the Authority's first Five-Year Program, as
4 provided in Section 2.01 of this Act, the proposed program
5 and budget shall specifically identify any respect in which
6 the recommended program deviates from the Authority's then
7 existing Five-Year Program, giving the reasons for such
8 deviation. The fiscal year of the Authority shall begin on
9 January 1st and end on the succeeding December 31st except
10 that the fiscal year that began October 1, 1982, shall end
11 December 31, 1983. By July 1st 1981 and July 1st of each
12 year thereafter the Director of the Illinois Bureau of the
13 Budget shall submit to the Authority an estimate of revenues
14 for the next fiscal year to be collected from the taxes
15 imposed by the Authority and the amounts to be available in
16 the Public Transportation Fund and the Regional
17 Transportation Authority Occupation and Use Tax Replacement
18 Fund. For the fiscal year ending on December 31, 1983, the
19 Board shall report its results from operations and financial
20 condition to the General Assembly and the Governor by January
21 31. For the fiscal year beginning January 1, 1984, and
22 thereafter, the budget and program shall be presented to the
23 General Assembly and the Governor not later than the
24 preceding December 31st. Before the proposed budget and
25 program is adopted, the Authority shall hold at least one
26 public hearing thereon in the metropolitan region. The Board
27 shall hold at least one meeting for consideration of the
28 proposed program and budget with the county board of each of
29 the several counties in the metropolitan region. After
30 conducting such hearings and holding such meetings and after
31 making such changes in the proposed program and budget as the
32 Board deems appropriate, the Board shall adopt its annual
33 budget ordinance. The ordinance may be adopted only upon the
34 affirmative votes of 9 of its then Directors. The ordinance
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1 shall appropriate such sums of money as are deemed necessary
2 to defray all necessary expenses and obligations of the
3 Authority, specifying purposes and the objects or programs
4 for which appropriations are made and the amount appropriated
5 for each object or program. Additional appropriations,
6 transfers between items and other changes in such ordinance
7 may be made from time to time by the Board upon the
8 affirmative votes of 9 of its then Directors.
9 (b) The budget shall show a balance between anticipated
10 revenues from all sources and anticipated expenses including
11 funding of operating deficits or the discharge of
12 encumbrances incurred in prior periods and payment of
13 principal and interest when due, and shall show cash balances
14 sufficient to pay with reasonable promptness all obligations
15 and expenses as incurred.
16 The annual budget and financial plan must show that the
17 level of fares and charges for mass transportation provided
18 by, or under grant or purchase of service contracts of, the
19 Service Boards is sufficient to cause the aggregate of all
20 projected fare revenues from such fares and charges received
21 in each fiscal year to equal at least 50% of the aggregate
22 costs of providing such public transportation in such fiscal
23 year. "Fare revenues" include the proceeds of all fares and
24 charges for services provided, contributions received in
25 connection with public transportation from units of local
26 government other than the Authority and from the State
27 pursuant to subsection (i) (9) of Section 105-305 49.19 of
28 the Department of Transportation Law (20 ILCS 2705/105-305)
29 Civil Administrative Code of Illinois, and all other
30 operating revenues properly included consistent with
31 generally accepted accounting principles but do not include
32 the proceeds of any borrowings. "Costs" include all items
33 properly included as operating costs consistent with
34 generally accepted accounting principles, including
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1 administrative costs, but do not include: depreciation;
2 payment of principal and interest on bonds, notes or other
3 evidences of obligation for borrowed money issued by the
4 Authority; payments with respect to public transportation
5 facilities made pursuant to subsection (b) of Section 2.20 of
6 this Act; any payments with respect to rate protection
7 contracts, credit enhancements or liquidity agreements made
8 under Section 4.14; any other cost to which it is reasonably
9 expected that a cash expenditure will not be made; costs up
10 to $5,000,000 annually for passenger security including
11 grants, contracts, personnel, equipment and administrative
12 expenses, except in the case of the Chicago Transit
13 Authority, in which case the term does not include costs
14 spent annually by that entity for protection against crime as
15 required by Section 27a of the Metropolitan Transit Authority
16 Act; or costs as exempted by the Board for projects pursuant
17 to Section 2.09 of this Act.
18 (c) The actual administrative expenses of the Authority
19 for the fiscal year commencing January 1, 1985 may not exceed
20 $5,000,000. The actual administrative expenses of the
21 Authority for the fiscal year commencing January 1, 1986, and
22 for each fiscal year thereafter shall not exceed the maximum
23 administrative expenses for the previous fiscal year plus 5%.
24 "Administrative expenses" are defined for purposes of this
25 Section as all expenses except: (1) capital expenses and
26 purchases of the Authority on behalf of the Service Boards;
27 (2) payments to Service Boards; and (3) payment of principal
28 and interest on bonds, notes or other evidence of obligation
29 for borrowed money issued by the Authority; (4) costs for
30 passenger security including grants, contracts, personnel,
31 equipment and administrative expenses; (5) payments with
32 respect to public transportation facilities made pursuant to
33 subsection (b) of Section 2.20 of this Act; and (6) any
34 payments with respect to rate protection contracts, credit
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1 enhancements or liquidity agreements made pursuant to Section
2 4.14.
3 (d) After withholding 15% of the proceeds of any tax
4 imposed by the Authority and 15% of money received by the
5 Authority from the Regional Transportation Authority
6 Occupation and Use Tax Replacement Fund, the Board shall
7 allocate the proceeds and money remaining to the Service
8 Boards as follows: (1) an amount equal to 85% of the proceeds
9 of those taxes collected within the City of Chicago and 85%
10 of the money received by the Authority on account of
11 transfers to the Regional Transportation Authority Occupation
12 and Use Tax Replacement Fund from the County and Mass Transit
13 District Fund attributable to retail sales within the City of
14 Chicago shall be allocated to the Chicago Transit Authority;
15 (2) an amount equal to 85% of the proceeds of those taxes
16 collected within Cook County outside the City of Chicago and
17 85% of the money received by the Authority on account of
18 transfers to the Regional Transportation Authority Occupation
19 and Use Tax Replacement Fund from the County and Mass Transit
20 District Fund attributable to retail sales within Cook County
21 outside of the city of Chicago shall be allocated 30% to the
22 Chicago Transit Authority, 55% to the Commuter Rail Board and
23 15% to the Suburban Bus Board; and (3) an amount equal to 85%
24 of the proceeds of the taxes collected within the Counties of
25 DuPage, Kane, Lake, McHenry and Will shall be allocated 70%
26 to the Commuter Rail Board and 30% to the Suburban Bus Board.
27 (e) Moneys received by the Authority on account of
28 transfers to the Regional Transportation Authority Occupation
29 and Use Tax Replacement Fund from the State and Local Sales
30 Tax Reform Fund shall be allocated among the Authority and
31 the Service Boards as follows: 15% of such moneys shall be
32 retained by the Authority and the remaining 85% shall be
33 transferred to the Service Boards as soon as may be
34 practicable after the Authority receives payment. Moneys
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1 which are distributable to the Service Boards pursuant to the
2 preceding sentence shall be allocated among the Service
3 Boards on the basis of each Service Board's distribution
4 ratio. The term "distribution ratio" means, for purposes of
5 this subsection (e) of this Section 4.01, the ratio of the
6 total amount distributed to a Service Board pursuant to
7 subsection (d) of Section 4.01 for the immediately preceding
8 calendar year to the total amount distributed to all of the
9 Service Boards pursuant to subsection (d) of Section 4.01 for
10 the immediately preceding calendar year.
11 To further and accomplish the preparation of the annual
12 budget and program as well as the Five-Year Program provided
13 for in Section 2.01 of this Act and to make such interim
14 management decisions as may be necessary, the Board shall
15 employ staff which shall: (1) evaluate for the Board public
16 transportation programs operated or proposed by
17 transportation agencies in terms of goals, costs and relative
18 priorities; (2) keep the Board informed of the public
19 transportation programs and accomplishments of such
20 transportation agencies; and (3) coordinate the development
21 and implementation of public transportation programs to the
22 end that the monies available to the Authority may be
23 expended in the most economical manner possible with the
24 least possible duplication. Under such regulations as the
25 Board may prescribe, all Service Boards, transportation
26 agencies, comprehensive planning agencies or transportation
27 planning agencies in the metropolitan region shall furnish to
28 the Board such information pertaining to public
29 transportation or relevant for plans therefor as it may from
30 time to time require, upon payment to any such agency or
31 Service Board of the reasonable additional cost of its so
32 providing such information except as may otherwise be
33 provided by agreement with the Authority, and the Board or
34 any duly authorized employee of the Board shall, for the
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1 purpose of securing such information, have access to, and the
2 right to examine, all books, documents, papers or records of
3 any such agency or Service Board pertaining to public
4 transportation or relevant for plans therefor.
5 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.)
6 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
7 Sec. 4.09. Public Transportation Fund and the Regional
8 Transportation Authority Occupation and Use Tax Replacement
9 Fund.
10 (a) As soon as possible after the first day of each
11 month, beginning November 1, 1983, the Comptroller shall
12 order transferred and the Treasurer shall transfer from the
13 General Revenue Fund to a special fund in the State Treasury,
14 to be known as the "Public Transportation Fund" $9,375,000
15 for each month remaining in State fiscal year 1984. As soon
16 as possible after the first day of each month, beginning July
17 1, 1984, upon certification of the Department of Revenue, the
18 Comptroller shall order transferred and the Treasurer shall
19 transfer from the General Revenue Fund to the Public
20 Transportation Fund an amount equal to 25% of the net
21 revenue, before the deduction of the serviceman and retailer
22 discounts pursuant to Section 9 of the Service Occupation Tax
23 Act and Section 3 of the Retailers' Occupation Tax Act,
24 realized from any tax imposed by the Authority pursuant to
25 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
26 into the Regional Transportation Authority tax fund created
27 by Section 4.03 of this Act, from the County and Mass Transit
28 District Fund as provided in Section 6z-20 of the State
29 Finance Act and 25% of the amounts deposited into the
30 Regional Transportation Authority Occupation and Use Tax
31 Replacement Fund from the State and Local Sales Tax Reform
32 Fund as provided in Section 6z-17 of the State Finance Act.
33 Net revenue realized for a month shall be the revenue
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1 collected by the State pursuant to Sections 4.03 and 4.03.1
2 during the previous month from within the metropolitan
3 region, less the amount paid out during that same month as
4 refunds to taxpayers for overpayment of liability in the
5 metropolitan region under Sections 4.03 and 4.03.1.
6 (b) (1) All moneys deposited in the Public
7 Transportation Fund and the Regional Transportation
8 Authority Occupation and Use Tax Replacement Fund,
9 whether deposited pursuant to this Section or otherwise,
10 are allocated to the Authority. Pursuant to
11 appropriation, the Comptroller, as soon as possible after
12 each monthly transfer provided in this Section and after
13 each deposit into the Public Transportation Fund, shall
14 order the Treasurer to pay to the Authority out of the
15 Public Transportation Fund the amount so transferred or
16 deposited. Such amounts paid to the Authority may be
17 expended by it for its purposes as provided in this Act.
18 Subject to appropriation to the Department of
19 Revenue, the Comptroller, as soon as possible after each
20 deposit into the Regional Transportation Authority
21 Occupation and Use Tax Replacement Fund provided in this
22 Section and Section 6z-17 of the State Finance Act, shall
23 order the Treasurer to pay to the Authority out of the
24 Regional Transportation Authority Occupation and Use Tax
25 Replacement Fund the amount so deposited. Such amounts
26 paid to the Authority may be expended by it for its
27 purposes as provided in this Act.
28 (2) Provided, however, no moneys deposited under
29 subsection (a) of Section 4.09 shall be paid from the
30 Public Transportation Fund to the Authority for any
31 fiscal year beginning after the effective date of this
32 amendatory Act of 1983 until the Authority has certified
33 to the Governor, the Comptroller, and the Mayor of the
34 City of Chicago that it has adopted for that fiscal year
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1 a budget and financial plan meeting the requirements in
2 Section 4.01(b).
3 (c) In recognition of the efforts of the Authority to
4 enhance the mass transportation facilities under its control,
5 the State shall provide financial assistance ("Additional
6 State Assistance") in excess of the amounts transferred to
7 the Authority from the General Revenue Fund under subsection
8 (a) of this Section. Additional State Assistance provided in
9 any State fiscal year shall not exceed the actual debt
10 service payable by the Authority during that State fiscal
11 year on bonds or notes issued to finance Strategic Capital
12 Improvement Projects under Section 4.04 of this Act.
13 Additional State Assistance shall in no event exceed the
14 following specified amounts with respect to the following
15 State fiscal years:
16 1990 $5,000,000;
17 1991 $5,000,000;
18 1992 $10,000,000;
19 1993 $10,000,000;
20 1994 $20,000,000;
21 1995 $30,000,000;
22 1996 $40,000,000;
23 1997 $50,000,000;
24 1998 $55,000,000; and
25 each year thereafter $55,000,000.
26 (d) Beginning with State fiscal year 1990 and continuing
27 for each State fiscal year thereafter, the Authority shall
28 annually certify to the State Comptroller and State Treasurer
29 (1) the amount necessary and required, during the State
30 fiscal year with respect to which the certification is made,
31 to pay its obligations for debt service on all outstanding
32 bonds or notes for Strategic Capital Improvement Projects
33 issued by the Authority under Section 4.04 of this Act and
34 (2) an estimate of the amount necessary and required to pay
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1 its obligations for debt service for any bonds or notes for
2 Strategic Capital Improvement Projects which the Authority
3 anticipates it will issue during that State fiscal year. The
4 certification shall include a specific schedule of debt
5 service payments, including the date and amount of each
6 payment for all outstanding bonds or notes and an estimated
7 schedule of anticipated debt service for all bonds and notes
8 it intends to issue, if any, during that State fiscal year,
9 including the estimated date and estimated amount of each
10 payment. Immediately, upon the issuance of bonds for which
11 an estimated schedule of debt service payments was prepared,
12 the Authority shall file an amended certification to specify
13 the actual schedule of debt service payments, including the
14 date and amount of each payment, for the remainder of the
15 State fiscal year. On the first day of each month of the
16 State fiscal year in which there are bonds outstanding with
17 respect to which the certification is made, the State
18 Comptroller shall order transferred and the State Treasurer
19 shall transfer from the General Revenue Fund to the Public
20 Transportation Fund the Additional State Assistance in an
21 amount equal to the aggregate of (1) one-twelfth of the
22 amount required to pay debt service on bonds and notes issued
23 before the beginning of the State fiscal year and (2) the
24 amount required to pay debt service on bonds and notes issued
25 during the fiscal year, if any, divided by the number of
26 months remaining in the fiscal year after the date of
27 issuance, or some smaller portion as may be necessary, listed
28 in subsection (c) for the relevant State fiscal year, plus
29 any cumulative deficiencies in transfers for prior months,
30 until an amount equal to the certified debt service for that
31 State fiscal year on outstanding bonds or notes for Strategic
32 Capital Improvement Projects issued by the Authority under
33 Section 4.04 of this Act has been transferred. In no event
34 shall total transfers in any State fiscal year exceed the
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1 lesser of the annual amounts specified in subsection (c) or
2 the total certified debt service on outstanding bonds or
3 notes for Strategic Capital Improvement Projects issued by
4 the Authority under Section 4.04 of this Act.
5 (e) Additional State Assistance may not be pledged,
6 either directly or indirectly as general revenues of the
7 Authority, as security for any bonds issued by the Authority.
8 The Authority may not assign its right to receive Additional
9 State Assistance or direct payment of Additional State
10 Assistance to a trustee or any other entity for the payment
11 of debt service on its bonds.
12 (f) The certification required under subsection (d) with
13 respect to outstanding bonds and notes of the Authority shall
14 be filed as early as practicable before the beginning of the
15 State fiscal year to which it relates. The certification
16 shall be revised as may be necessary to accurately state the
17 debt service requirements of the Authority.
18 (g) Within 6 months of the end of the 3 month period
19 ending December 31, 1983, and each fiscal year thereafter,
20 the Authority shall determine whether the aggregate of all
21 system generated revenues for public transportation in the
22 metropolitan region which is provided by, or under grant or
23 purchase of service contracts with, the Service Boards equals
24 50% of the aggregate of all costs of providing such public
25 transportation. "System generated revenues" include all the
26 proceeds of fares and charges for services provided,
27 contributions received in connection with public
28 transportation from units of local government other than the
29 Authority and from the State pursuant to subsection (i) (9)
30 of Section 105-305 49.19 of the Department of Transportation
31 Law (20 ILCS 2705/105-305) Civil Administrative Code of
32 Illinois, and all other revenues properly included consistent
33 with generally accepted accounting principles but may not
34 include the proceeds from any borrowing. "Costs" include all
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1 items properly included as operating costs consistent with
2 generally accepted accounting principles, including
3 administrative costs, but do not include: depreciation;
4 payment of principal and interest on bonds, notes or other
5 evidences of obligations for borrowed money of the Authority;
6 payments with respect to public transportation facilities
7 made pursuant to subsection (b) of Section 2-20; any payments
8 with respect to rate protection contracts, credit
9 enhancements or liquidity agreements made under Section 4.14;
10 any other cost as to which it is reasonably expected that a
11 cash expenditure will not be made; costs up to $5,000,000
12 annually for passenger security including grants, contracts,
13 personnel, equipment and administrative expenses, except in
14 the case of the Chicago Transit Authority, in which case the
15 term does not include costs spent annually by that entity for
16 protection against crime as required by Section 27a of the
17 Metropolitan Transit Authority Act; or costs as exempted by
18 the Board for projects pursuant to Section 2.09 of this Act.
19 If said system generated revenues are less than 50% of said
20 costs, the Board shall remit an amount equal to the amount of
21 the deficit to the State. The Treasurer shall deposit any
22 such payment in the General Revenue Fund.
23 (h) If the Authority makes any payment to the State
24 under paragraph (g), the Authority shall reduce the amount
25 provided to a Service Board from funds transferred under
26 paragraph (a) in proportion to the amount by which that
27 Service Board failed to meet its required system generated
28 revenues recovery ratio. A Service Board which is affected by
29 a reduction in funds under this paragraph shall submit to the
30 Authority concurrently with its next due quarterly report a
31 revised budget incorporating the reduction in funds. The
32 revised budget must meet the criteria specified in clauses
33 (i) through (vi) of Section 4.11(b)(2). The Board shall
34 review and act on the revised budget as provided in Section
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1 4.11(b)(3).
2 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481;
3 87-764.)
4 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
5 Sec. 4.11. Budget Review Powers. (a) The provisions of
6 this Section shall only be applicable to financial periods
7 beginning after December 31, 1983. The Transition Board
8 shall adopt a timetable governing the certification of
9 estimates and any submissions required under this Section for
10 fiscal year 1984 which shall control over the provisions of
11 this Act. Based upon estimates which shall be given to the
12 Authority by the Director of the Illinois Bureau of the
13 Budget of the receipts to be received by the Authority from
14 the taxes imposed by the Authority and the authorized
15 estimates of amounts to be available from State and other
16 sources to the Service Boards, and the times at which such
17 receipts and amounts will be available, the Board shall, not
18 later than the next preceding September 15th prior to the
19 beginning of the Authority's next fiscal year, advise each
20 Service Board of the amounts estimated by the Board to be
21 available for such Service Board during such fiscal year and
22 the two following fiscal years and the times at which such
23 amounts will be available. The Board shall, at the same
24 time, also advise each Service Board of its required system
25 generated revenues recovery ratio for the next fiscal year
26 which shall be the percentage of the aggregate costs of
27 providing public transportation by or under jurisdiction of
28 that Service Board which must be recovered from system
29 generated revenues. In determining a Service Board's system
30 generated revenue recovery ratio, the Board shall consider
31 the historical system generated revenues recovery ratio for
32 the services subject to the jurisdiction of that Service
33 Board. The Board shall not increase a Service Board's system
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1 generated revenues recovery ratio for the next fiscal year
2 over such ratio for the current fiscal year
3 disproportionately or prejudicially to increases in such
4 ratios for other Service Boards. The Board may, by
5 ordinance, provide that (i) the cost of research and
6 development projects in the fiscal year beginning January 1,
7 1986 and ending December 31, 1986 conducted pursuant to
8 Section 2.09 of this Act, and (ii) up to $5,000,000 annually
9 of the costs for passenger security, may be exempted from the
10 farebox recovery ratio or the system generated revenues
11 recovery ratio of the Chicago Transit Authority, the Suburban
12 Bus Board, and the Commuter Rail Board, or any of them. For
13 the fiscal year beginning January 1, 1986 and ending December
14 31, 1986, and for the fiscal year beginning January 1, 1987
15 and ending December 31, 1987, the Board shall, by ordinance,
16 provide that: (1) the amount of a grant, pursuant to Section
17 105-310 49.19a of the Department of Transportation Law (20
18 ILCS 2705/105-310) Civil Administrative Code of Illinois,
19 from the Department of Transportation for the cost of
20 services for the mobility limited provided by the Chicago
21 Transit Authority, and (2) the amount of a grant, pursuant to
22 Section 105-310 49.19a of the Department of Transportation
23 Law (20 ILCS 2705/105-310) Civil Administrative Code of
24 Illinois, from the Department of Transportation for the cost
25 of services for the mobility limited by the Suburban Bus
26 Board or the Commuter Rail Board, be exempt from the farebox
27 recovery ratio or the system generated revenues recovery
28 ratio.
29 (b)(1) Not later than the next preceding November 15
30 prior to the commencement of such fiscal year, each Service
31 Board shall submit to the Authority its proposed budget for
32 such fiscal year and its proposed financial plan for the two
33 following fiscal years. Such budget and financial plan shall
34 not project or assume a receipt of revenues from the
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1 Authority in amounts greater than those set forth in the
2 estimates provided by the Authority pursuant to subsection
3 (a) of this Section.
4 (2) The Board shall review the proposed budget and
5 financial plan submitted by each Service Board, and shall
6 adopt a consolidated budget and financial plan. The Board
7 shall approve the budget and plan if:
8 (i) the Board has approved the proposed budget and cash
9 flow plan for such fiscal year of each Service Board,
10 pursuant to the conditions set forth in clauses (ii) through
11 (vii) of this paragraph;
12 (ii) such budget and plan show a balance between (A)
13 anticipated revenues from all sources including operating
14 subsidies and (B) the costs of providing the services
15 specified and of funding any operating deficits or
16 encumbrances incurred in prior periods, including provision
17 for payment when due of principal and interest on outstanding
18 indebtedness;
19 (iii) such budget and plan show cash balances including
20 the proceeds of any anticipated cash flow borrowing
21 sufficient to pay with reasonable promptness all costs and
22 expenses as incurred;
23 (iv) such budget and plan provide for a level of fares
24 or charges and operating or administrative costs for the
25 public transportation provided by or subject to the
26 jurisdiction of such Service Board sufficient to allow the
27 Service Board to meet its required system generated revenue
28 recovery ratio;
29 (v) such budget and plan are based upon and employ
30 assumptions and projections which are reasonable and prudent;
31 (vi) such budget and plan have been prepared in
32 accordance with sound financial practices as determined by
33 the Board; and
34 (vii) such budget and plan meet such other financial,
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1 budgetary, or fiscal requirements that the Board may by rule
2 or regulation establish.
3 (3) In determining whether the budget and financial plan
4 provide a level of fares or charges sufficient to allow a
5 Service Board to meet its required system generated revenue
6 recovery ratio under clause (iv) in subparagraph (2), the
7 Board shall allow a Service Board to carry over cash from
8 farebox revenues to subsequent fiscal years.
9 (4) Unless the Board by an affirmative vote of 9 of the
10 then Directors determines that the budget and financial plan
11 of a Service Board meets the criteria specified in clauses
12 (ii) through (vii) of subparagraph (2) of this paragraph (b),
13 the Board shall not release to that Service Board any funds
14 for the periods covered by such budget and financial plan
15 except for the proceeds of taxes imposed by the Authority
16 under Section 4.03 which are allocated to the Service Board
17 under Section 4.01.
18 (5) If the Board has not found that the budget and
19 financial plan of a Service Board meets the criteria
20 specified in clauses (i) through (vii) of subparagraph (2) of
21 this paragraph (b), the Board shall, five working days after
22 the start of the Service Board's fiscal year adopt a budget
23 and financial plan meeting such criteria for that Service
24 Board.
25 (c)(1) If the Board shall at any time have received a
26 revised estimate, or revises any estimate the Board has made,
27 pursuant to this Section of the receipts to be collected by
28 the Authority which, in the judgment of the Board, requires a
29 change in the estimates on which the budget of any Service
30 Board is based, the Board shall advise the affected Service
31 Board of such revised estimates, and such Service Board shall
32 within 30 days after receipt of such advice submit a revised
33 budget incorporating such revised estimates. If the revised
34 estimates require, in the judgment of the Board, that the
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1 system generated revenues recovery ratio of one or more
2 Service Boards be revised in order to allow the Authority to
3 meet its required ratio, the Board shall advise any such
4 Service Board of its revised ratio and such Service Board
5 shall within 30 days after receipt of such advice submit a
6 revised budget incorporating such revised estimates or ratio.
7 (2) Each Service Board shall, within such period after
8 the end of each fiscal quarter as shall be specified by the
9 Board, report to the Authority its financial condition and
10 results of operations and the financial condition and results
11 of operations of the public transportation services subject
12 to its jurisdiction, as at the end of and for such quarter.
13 If in the judgment of the Board such condition and results
14 are not substantially in accordance with such Service Board's
15 budget for such period, the Board shall so advise such
16 Service Board and such Service Board shall within the period
17 specified by the Board submit a revised budget incorporating
18 such results.
19 (3) If the Board shall determine that a revised budget
20 submitted by a Service Board pursuant to subparagraph (1) or
21 (2) of this paragraph (c) does not meet the criteria
22 specified in clauses (ii) through (vii) of subparagraph (2)
23 of paragraph (b) of this Section, the Board shall not release
24 any monies to that Service Board except the proceeds of taxes
25 imposed by the Authority under Section 4.03 or 4.03.1 which
26 are allocated to the Service Board under Section 4.01. If
27 the Service Board submits a revised financial plan and budget
28 which plan and budget shows that the criteria will be met
29 within a four quarter period, the Board shall continue to
30 release funds to the Service Board. The Board by a 9 vote of
31 its then Directors may require a Service Board to submit a
32 revised financial plan and budget which shows that the
33 criteria will be met in a time period less than four
34 quarters.
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1 (d) All budgets and financial plans, financial
2 statements, audits and other information presented to the
3 Authority pursuant to this Section or which may be required
4 by the Board to permit it to monitor compliance with the
5 provisions of this Section shall be prepared and presented in
6 such manner and frequency and in such detail as shall have
7 been prescribed by the Board, shall be prepared on both an
8 accrual and cash flow basis as specified by the Board, and
9 shall identify and describe the assumptions and projections
10 employed in the preparation thereof to the extent required by
11 the Board. Except when the Board adopts a budget and a
12 financial plan for a Service Board under paragraph (b)(5), a
13 Service Board shall provide for such levels of transportation
14 services and fares or charges therefor as it deems
15 appropriate and necessary in the preparation of a budget and
16 financial plan meeting the criteria set forth in clauses (ii)
17 through (vii) of subparagraph (2) of paragraph (b) of this
18 Section. The Board shall have access to and the right to
19 examine and copy all books, documents, papers, records, or
20 other source data of a Service Board relevant to any
21 information submitted pursuant to this Section.
22 (e) Whenever this Section requires the Board to make
23 determinations with respect to estimates, budgets or
24 financial plans, or rules or regulations with respect thereto
25 such determinations shall be made upon the affirmative vote
26 of at least 9 of the then Directors and shall be incorporated
27 in a written report of the Board and such report shall be
28 submitted within 10 days after such determinations are made
29 to the Governor, the Mayor of Chicago (if such determinations
30 relate to the Chicago Transit Authority), and the Auditor
31 General of Illinois.
32 (Source: P.A. 84-1246.)
33 Section 5-255. The School Code is amended by changing
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1 Section 2-3.62 as follows:
2 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
3 Sec. 2-3.62. Educational Service Centers.
4 (a) A regional network of educational service centers
5 shall be established by the State Board of Education to
6 coordinate and combine existing services in a manner which is
7 practical and efficient and to provide new services to
8 schools as provided in this Section. Services to be made
9 available by such centers shall include the planning,
10 implementation and evaluation of:
11 (1) education for gifted children through area
12 service centers, experimental projects and institutes as
13 provided in Section 14A-6;
14 (2) computer technology education including the
15 evaluation, use and application of state-of-the-art
16 technology in computer software as provided in Section
17 2-3.43;
18 (3) mathematics, science and reading resources for
19 teachers including continuing education, inservice
20 training and staff development.
21 The centers may provide training, technical assistance,
22 coordination and planning in other program areas such as
23 school improvement, school accountability, career guidance,
24 early childhood education, alcohol/drug education and
25 prevention, family life - sex education, electronic
26 transmission of data from school districts to the State,
27 alternative education and regional special education, and
28 telecommunications systems that provide distance learning.
29 Such telecommunications systems may be obtained through the
30 Department of Central Management Services pursuant to Section
31 25-270 67.18 of the Department of Central Management Services
32 Law (20 ILCS 405/25-270) Civil Administrative Code of
33 Illinois. The programs and services of educational service
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1 centers may be offered to private school teachers and private
2 school students within each service center area provided
3 public schools have already been afforded adequate access to
4 such programs and services.
5 The State Board of Education shall promulgate rules and
6 regulations necessary to implement this Section. The rules
7 shall include detailed standards which delineate the scope
8 and specific content of programs to be provided by each
9 Educational Service Center, as well as the specific planning,
10 implementation and evaluation services to be provided by each
11 Center relative to its programs. The Board shall also
12 provide the standards by which it will evaluate the programs
13 provided by each Center.
14 (b) Centers serving Class 1 county school units shall be
15 governed by an 11-member board, 3 members of which shall be
16 public school teachers nominated by the local bargaining
17 representatives to the appropriate regional superintendent
18 for appointment and no more than 3 members of which shall be
19 from each of the following categories, including but not
20 limited to superintendents, regional superintendents, school
21 board members and a representative of an institution of
22 higher education. The members of the board shall be
23 appointed by the regional superintendents whose school
24 districts are served by the educational service center. The
25 composition of the board will reflect the revisions of this
26 amendatory Act of 1989 as the terms of office of current
27 members expire.
28 (c) The centers shall be of sufficient size and number
29 to assure delivery of services to all local school districts
30 in the State.
31 (d) From monies appropriated for this program the State
32 Board of Education shall provide grants to qualifying
33 Educational Service Centers applying for such grants in
34 accordance with rules and regulations promulgated by the
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1 State Board of Education to implement this Section.
2 (e) The governing authority of each of the 18 regional
3 educational service centers shall appoint a family life - sex
4 education advisory board consisting of 2 parents, 2 teachers,
5 2 school administrators, 2 school board members, 2 health
6 care professionals, one library system representative, and
7 the director of the regional educational service center who
8 shall serve as chairperson of the advisory board so
9 appointed. Members of the family life - sex education
10 advisory boards shall serve without compensation. Each of
11 the advisory boards appointed pursuant to this subsection
12 shall develop a plan for regional teacher-parent family life
13 - sex education training sessions and shall file a written
14 report of such plan with the governing board of their
15 regional educational service center. The directors of each
16 of the regional educational service centers shall thereupon
17 meet, review each of the reports submitted by the advisory
18 boards and combine those reports into a single written report
19 which they shall file with the Citizens Council on School
20 Problems prior to the end of the regular school term of the
21 1987-1988 school year.
22 (f) The 14 educational service centers serving Class I
23 county school units shall be disbanded on the first Monday of
24 August, 1995, and their statutory responsibilities and
25 programs shall be assumed by the regional offices of
26 education, subject to rules and regulations developed by the
27 State Board of Education. The regional superintendents of
28 schools elected by the voters residing in all Class I
29 counties shall serve as the chief administrators for these
30 programs and services. By rule of the State Board of
31 Education, the 10 educational service regions of lowest
32 population shall provide such services under cooperative
33 agreements with larger regions.
34 (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
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1 Section 5-260. The Illinois Distance Learning Foundation
2 Act is amended by changing Section 5 as follows:
3 (105 ILCS 40/5)
4 Sec. 5. Creation of Foundation. The General Assembly
5 authorizes the Lieutenant Governor, in accordance with
6 Section 10 of the State Agency Entity Creation Act, to create
7 the Illinois Distance Learning Foundation. Pursuant to this
8 authority, the Lieutenant Governor shall create the Illinois
9 Distance Learning Foundation as a not-for-profit foundation.
10 The Lieutenant Governor shall file articles of incorporation
11 as required under the General Not For Profit Corporation Act
12 of 1986 to create the Foundation. The Foundation's Board of
13 Directors shall be appointed by the Lieutenant Governor from
14 time to time. The Lieutenant Governor shall serve as
15 Chairman of the Board of Directors of the Foundation. The
16 Director of the Governor's Rural Affairs Council shall serve
17 as the initial Director of the Foundation. No member of the
18 Board of Directors may receive compensation for his or her
19 services to the Foundation.
20 Until January 9, 1995, while the office of Lieutenant
21 Governor is vacant, the powers and duties of the Lieutenant
22 Governor and the Office of the Lieutenant Governor under this
23 Act shall be carried out as provided in Section 67.35 of the
24 Civil Administrative Code of Illinois (renumbered; now
25 Section 25-500 of the Department of Central Management
26 Services Law, 20 ILCS 405/25-500).
27 (Source: P.A. 88-146; 88-553.)
28 Section 5-265. The University of Illinois Act is amended
29 by changing Section 1a as follows:
30 (110 ILCS 305/1a) (from Ch. 144, par. 22a)
31 Sec. 1a. The Board of Trustees shall comply with the
-566- LRB9009239DJcd
1 provisions of "An Act concerning the use of Illinois mined
2 coal in certain plants and institutions", filed July 13,
3 1937; provided that in the purchase of any coal or other fuel
4 used in the operation of the University of Illinois, the
5 provisions of Section 5-670 30 of the Departments of State
6 Government Law (20 ILCS 5/5-670) Civil Administrative Code of
7 Illinois shall not apply to limit the price authorized to be
8 paid by the Board of Trustees for any such coal or fuel.
9 (Source: P.A. 86-1189.)
10 Section 5-270. The Family Practice Residency Act is
11 amended by changing Section 10 as follows:
12 (110 ILCS 935/10) (from Ch. 144, par. 1460)
13 Sec. 10. Scholarship recipients who fail to fulfill the
14 obligation described in subsection (d) of Section 3.07 of
15 this Act shall pay to the Department a sum equal to 3 times
16 the amount of the annual scholarship grant for each year the
17 recipient fails to fulfill such obligation. A scholarship
18 recipient who fails to fulfill the obligation described in
19 subsection (d) of Section 3.07 shall have 30 days from the
20 date on which that failure begins in which to enter into a
21 contract with the Department that sets forth the manner in
22 which that sum is required to be paid. If the contract is
23 not entered into within that 30 day period or if the contract
24 is entered into but the required payments are not made in the
25 amounts and at the times provided in the contract, the
26 scholarship recipient also shall be required to pay to the
27 Department interest at the rate of 9% per annum on the amount
28 of that sum remaining due and unpaid. The amounts paid to the
29 Department under this Section shall be deposited into the
30 Community Health Center Care Fund and shall be used by the
31 Department to improve access to primary health care services
32 as authorized by subsection (a) of Section 90-200 55.53(a) of
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1 the Department of Public Health Powers and Duties Law (20
2 ILCS 2310/90-200) Civil Administrative Code of Illinois.
3 The Department may transfer to the Illinois Development
4 Finance Authority, into an account outside the State
5 treasury, moneys in the Community Health Center Care Fund as
6 needed, but not to exceed an amount established, by rule, by
7 the Department to establish a reserve or credit enhancement
8 escrow account to support a financing program or a loan or
9 equipment leasing program to provide moneys to support the
10 purposes of subsection (a) of Section 90-200 55.53(a) of the
11 Department of Public Health Powers and Duties Law (20 ILCS
12 2310/90-200) Civil Administrative Code of Illinois. The
13 disposition of moneys at the conclusion of any financing
14 program under this Section shall be determined by an
15 interagency agreement.
16 (Source: P.A. 90-405, eff. 1-1-98.)
17 Section 5-275. The Podiatric Scholarship and Residency
18 Act is amended by changing Section 30 as follows:
19 (110 ILCS 978/30)
20 Sec. 30. Penalties for failure to fulfill obligations.
21 Scholarship recipients who fail to fulfill their obligation
22 to practice in designated shortage areas shall pay to the
23 Department a sum equal to 3 times the amount of the annual
24 scholarship grant for each year the recipient fails to
25 fulfill that obligation. The amounts paid to the Department
26 under this Section shall be used by the Department to improve
27 access to primary health care services as authorized by
28 Section 90-200 55.53 of the Department of Public Health
29 Powers and Duties Law (20 ILCS 2310/90-200) Civil
30 Administrative Code of Illinois.
31 (Source: P.A. 87-1195.)
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1 Section 5-280. The Illinois Hospital Construction Act is
2 amended by changing Section 2 as follows:
3 (210 ILCS 75/2) (from Ch. 23, par. 1302)
4 Sec. 2. As used in this Act:
5 "Director" means the Director of the State Department of
6 Public Health.
7 "Department" means the Department of Public Health.
8 "Hospital" means any hospital for in-patient and
9 out-patient medical or surgical care of persons in need
10 thereof.
11 "Public Health Center" means a publicly owned facility
12 utilized by a local health unit for the provision of public
13 health services, including related facilities such as
14 laboratories, clinics, and administrative offices operated in
15 connection with public health centers.
16 "State Plan" means the plan prepared pursuant to Section
17 90-65 55 of the Department of Public Health Powers and Duties
18 Law (20 ILCS 2310/90-65) Civil Administrative Code as
19 heretofore or hereafter amended.
20 "Nonprofit hospital" means any hospital owned and
21 operated by a corporation or association, no part of the net
22 earnings of which inures, or may lawfully inure, to the
23 benefit of any private shareholder or individual.
24 "Construction" means construction of new buildings,
25 expansion, remodeling, and alteration of existing buildings,
26 and initial equipment of any such buildings, including
27 architects' fees, but excluding the cost of off-site
28 improvements and the cost of the acquisition of land.
29 (Source: Laws 1949, p. 373.)
30 Section 5-285. The Illinois Insurance Code is amended by
31 changing Section 401 as follows:
-569- LRB9009239DJcd
1 (215 ILCS 5/401) (from Ch. 73, par. 1013)
2 Sec. 401. General powers of the director. The Director is
3 charged with the rights, powers and duties appertaining to
4 the enforcement and execution of all the insurance laws of
5 this State. He shall have the power
6 (a) to make reasonable rules and regulations as may be
7 necessary for making effective such laws;
8 (b) to conduct such investigations as may be necessary
9 to determine whether any person has violated any provision of
10 such insurance laws;
11 (c) to conduct such examinations, investigations and
12 hearings in addition to those specifically provided for, as
13 may be necessary and proper for the efficient administration
14 of the insurance laws of this State; and
15 (d) to institute such actions or other lawful
16 proceedings as he may deem necessary for the enforcement of
17 the Illinois Insurance Code or of any Order or action made or
18 taken by him under this Code. The Attorney General, upon
19 request of the Director, may proceed in the courts of this
20 State to enforce an Order or decision in any court proceeding
21 or in any administrative proceeding before the Director.
22 Whenever the Director is authorized or required by law to
23 consider some aspect of criminal history record information
24 for the purpose of carrying out his statutory powers and
25 responsibilities, then, upon request and payment of fees in
26 conformance with the requirements of subsection 22 of Section
27 100-400 55a of "the Department of State Police Law (20 ILCS
28 2605/100-400) Civil Administrative Code of Illinois", the
29 Department of State Police is authorized to furnish, pursuant
30 to positive identification, such information contained in
31 State files as is necessary to meet the requirements of such
32 authorization or statutes.
33 (Source: P.A. 86-610.)
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1 Section 5-290. The Public Utilities Act is amended by
2 changing Section 4-101 as follows:
3 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
4 Sec. 4-101. The Commission shall have general supervision
5 of all public utilities, except as otherwise provided in this
6 Act, shall inquire into the management of the business
7 thereof and shall keep itself informed as to the manner and
8 method in which the business is conducted. It shall examine
9 those public utilities and keep informed as to their general
10 condition, their franchises, capitalization, rates and other
11 charges, and the manner in which their plants, equipment and
12 other property owned, leased, controlled or operated are
13 managed, conducted and operated, not only with respect to the
14 adequacy, security and accommodation afforded by their
15 service but also with respect to their compliance with this
16 Act and any other law, with the orders of the Commission and
17 with the charter and franchise requirements.
18 Whenever the Commission is authorized or required by law
19 to consider some aspect of criminal history record
20 information for the purpose of carrying out its statutory
21 powers and responsibilities, then, upon request and payment
22 of fees in conformance with the requirements of subsection 22
23 of Section 100-400 55a of "the Department of State Police Law
24 (20 ILCS 2605/100-400) Civil Administrative Code of
25 Illinois", the Department of State Police is authorized to
26 furnish, pursuant to positive identification, such
27 information contained in State files as is necessary to
28 fulfill the request.
29 (Source: P.A. 86-610.)
30 Section 5-295. The Clinical Psychologist Licensing Act is
31 amended by changing Section 19 as follows:
-571- LRB9009239DJcd
1 (225 ILCS 15/19) (from Ch. 111, par. 5369)
2 Sec. 19. Record of proceedings; transcript. The
3 Department, at its expense, shall preserve a record of all
4 proceedings at any formal hearing of any case. The notice of
5 hearing, complaint and all other documents in the nature of
6 pleadings and written motions filed in the proceedings, the
7 transcript of testimony, the report of the Board and the
8 orders of the Department shall be the record of the
9 proceedings. The Department shall furnish a transcript of
10 the record to any person upon payment of the fee required
11 under Section 80-115 60f of the Department of Professional
12 Regulation Law (20 ILCS 2105/80-115) Civil Administrative
13 Code of Illinois.
14 (Source: P.A. 89-702, eff. 7-1-97.)
15 Section 5-298. The Clinical Social Work and Social Work
16 Practice Act is amended by changing Section 22 as follows:
17 (225 ILCS 20/22) (from Ch. 111, par. 6372)
18 Sec. 22. Record of Proceedings; transcript. The
19 Department, at its expense, shall preserve a record of all
20 proceedings at the formal hearing of any case involving the
21 refusal to issue or to renew a license. The notice of
22 hearing, complaint, all other documents in the nature of
23 pleadings, written motions filed in the proceedings, the
24 transcript of testimony, the report of the Board and orders
25 of the Department shall be in the record of such proceeding.
26 The Department shall furnish a transcript of the record to
27 any person upon payment of the fee required under Section
28 80-115 60f of the Department of Professional Regulation Law
29 (20 ILCS 2105/80-115) Civil Administrative Code of Illinois.
30 (Source: P.A. 90-150, eff. 12-30-97.)
31 Section 5-300. The Illinois Dental Practice Act is
-572- LRB9009239DJcd
1 amended by changing Section 42 as follows:
2 (225 ILCS 25/42) (from Ch. 111, par. 2342)
3 Sec. 42. Dental Disciplinary Fund. All fees, fines or
4 penalties received by the Department under this Act shall be
5 deposited in the Illinois State Dental Disciplinary Fund, a
6 special fund created hereunder in the State Treasury, and
7 shall be used only by the Department in the exercise of its
8 powers and performance of its duties under this Act,
9 including but not limited to the provision for evidence in
10 dental investigation. All earnings incurred from investment
11 of moneys in the Illinois State Dental Disciplinary Fund
12 shall be deposited in the Illinois State Dental Disciplinary
13 Fund and shall be used for the same purpose as fees deposited
14 in such Fund.
15 Moneys in the Fund may be transferred to the Professions
16 Indirect Cost Fund as authorized under Section 80-300 61e of
17 the Department of Professional Regulation Law (20 ILCS
18 2105/80-300) Civil Administrative Code of Illinois.
19 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
20 89-204, eff. 1-1-96; 89-626, eff. 8-9-96.)
21 Section 5-305. The Dietetic and Nutrition Services
22 Practice Act is amended by changing Section 110 as follows:
23 (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
24 Sec. 110. Record of hearing. The Department, at its
25 expense, shall preserve a record of all proceedings at the
26 formal hearing of any case. The notice of hearing,
27 complaint, and other documents in the nature of pleadings and
28 written motions filed in the proceedings, the transcript of
29 testimony, the report of the Board, and orders of the
30 Department shall be in the record of the proceedings. The
31 Department shall furnish a transcript of the record to any
-573- LRB9009239DJcd
1 person interested in the hearing upon payment of the fee
2 required under Section 80-115 60f of the Department of
3 Professional Regulation Law (20 ILCS 2105/80-115) Civil
4 Administrative Code of Illinois.
5 (Source: P.A. 87-784; 87-1000.)
6 Section 5-310. The Environmental Health Practitioner
7 Licensing Act is amended by changing Sections 45 and 70 as
8 follows:
9 (225 ILCS 37/45)
10 Sec. 45. Record of Proceedings; transcript. The
11 Department, at its expense, shall provide a stenographer to
12 record all testimony at the hearing of any case where a
13 certificate is revoked or suspended. The notice of hearing,
14 complaint, and all other documents in the nature of pleadings
15 and written motions filed in the proceedings, the transcript
16 of testimony, the report of the Committee, and the order of
17 the Department shall be the record of the proceedings. The
18 Department shall furnish a transcript of the record to any
19 person interested in the hearing upon payment of the fees
20 required under Section 80-115 60f of the Department of
21 Professional Regulation Law (20 ILCS 2105/80-115) Civil
22 Administrative Code of Illinois.
23 (Source: P.A. 89-61, eff. 6-30-95.)
24 (225 ILCS 37/70)
25 Sec. 70. Records of proceeding. The Department, at its
26 expense, shall preserve a record of all proceedings at the
27 formal hearing of any case. The notice of hearing, complaint,
28 and all other documents in the nature of pleadings, written
29 motions filed in the proceedings, transcripts of testimony,
30 reports of the Board and orders of the Department shall be in
31 the record of the proceedings. The Department shall furnish a
-574- LRB9009239DJcd
1 transcript of the record to any person interested in the
2 hearing upon payment of the fee required under Section 80-115
3 60f of the Department of Professional Regulation Law (20 ILCS
4 2105/80-115) Civil Administrative Code of Illinois.
5 (Source: P.A. 89-61, eff. 6-30-95.)
6 Section 5-315. The Marriage and Family Therapy Licensing
7 Act is amended by changing Section 100 as follows:
8 (225 ILCS 55/100) (from Ch. 111, par. 8351-100)
9 Sec. 100. Record of proceeding. The Department, at its
10 expense, shall preserve a record of all proceedings at the
11 formal hearing of any case. The notice of hearing, complaint
12 and all other documents in the nature of pleadings and
13 written motions filed in the proceedings, the transcript of
14 testimony, the report of the Board and orders of the
15 Department shall be in the record of the proceedings. The
16 Department shall furnish a transcript of the record to any
17 person interested in the hearing upon payment of the fee
18 required under Section 80-115 60f of the Department of
19 Professional Regulation Law (20 ILCS 2105/80-115) Civil
20 Administrative Code of Illinois.
21 (Source: P.A. 87-783; 87-1237.)
22 Section 5-320. The Medical Practice Act of 1987 is
23 amended by changing Sections 21 and 39 as follows:
24 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
25 Sec. 21. License renewal; restoration; inactive status;
26 disposition and collection of fees.
27 (A) Renewal. The expiration date and renewal period for
28 each license issued under this Act shall be set by rule. The
29 holder of a license may renew such license by paying the
30 required fee. The holder of a license may also renew the
-575- LRB9009239DJcd
1 license within 90 days after its expiration by complying with
2 the requirements for renewal and payment of an additional
3 fee. A license renewal within 90 days after expiration shall
4 be effective retroactively to the expiration date.
5 The Department shall mail to each licensee under this
6 Act, to their last known place of address, at least 60 days
7 in advance of the expiration date of their license, a notice
8 of that fact and an application for renewal form. No such
9 license shall be deemed to have lapsed until 90 days after
10 the expiration date and after such notice and application
11 have been mailed by the Department as herein provided.
12 (B) Restoration. Any licensee who has permitted their
13 license to lapse or who has had their license on inactive
14 status may have their license restored by making application
15 to the Department and filing proof acceptable to the
16 Department of their fitness to have their license restored,
17 including evidence certifying to active practice in another
18 jurisdiction satisfactory to the Department, proof of meeting
19 the continuing education requirements for one renewal period,
20 and by paying the required restoration fee.
21 If the licensee has not maintained an active practice in
22 another jurisdiction satisfactory to the Department, the
23 Licensing Board shall determine, by an evaluation program
24 established by rule, their fitness to resume active status
25 and may require the licensee to complete a period of
26 evaluated clinical experience and may require successful
27 completion of the practical examination.
28 However, any registrant whose license has expired while
29 they have been engaged (a) in Federal Service on active duty
30 with the Army of the United States, the United States Navy,
31 the Marine Corps, the Air Force, the Coast Guard, the Public
32 Health Service or the State Militia called into the service
33 or training of the United States of America, or (b) in
34 training or education under the supervision of the United
-576- LRB9009239DJcd
1 States preliminary to induction into the military service,
2 may have their license reinstated or restored without paying
3 any lapsed renewal fees, if within 2 years after honorable
4 termination of such service, training or education, they
5 furnish the Department with satisfactory evidence to the
6 effect that they have been so engaged and that their service,
7 training or education has been so terminated.
8 (C) Inactive licenses. Any licensee who notifies the
9 Department, in writing on forms prescribed by the Department,
10 may elect to place their license on an inactive status and
11 shall, subject to rules of the Department, be excused from
12 payment of renewal fees until they notify the Department in
13 writing of their desire to resume active status.
14 Any licensee requesting restoration from inactive status
15 shall be required to pay the current renewal fee, provide
16 proof of meeting the continuing education requirements for
17 the period of time the license is inactive not to exceed one
18 renewal period, and shall be required to restore their
19 license, as provided in subsection (B).
20 Any licensee whose license is in an inactive status shall
21 not practice in the State of Illinois.
22 (D) Disposition of monies collected. All monies
23 collected under this Act by the Department shall be deposited
24 in the Illinois State Medical Disciplinary Fund in the State
25 Treasury, and used only for the following purposes: (a) by
26 the Medical Disciplinary Board in the exercise of its powers
27 and performance of its duties, as such use is made by the
28 Department with full consideration of all recommendations of
29 the Medical Disciplinary Board, (b) for costs directly
30 related to persons licensed under this Act, and (c) for
31 direct and allocable indirect costs related to the public
32 purposes of the Department of Professional Regulation.
33 Moneys in the Fund may be transferred to the Professions
34 Indirect Cost Fund as authorized under Section 80-300 61e of
-577- LRB9009239DJcd
1 the Department of Professional Regulation Law (20 ILCS
2 2105/80-300) Civil Administrative Code of Illinois.
3 All earnings received from investment of monies in the
4 Illinois State Medical Disciplinary Fund shall be deposited
5 in the Illinois State Medical Disciplinary Fund and shall be
6 used for the same purposes as fees deposited in such fund.
7 (E) Fees. The following fees are nonrefundable.
8 (1) Applicants for any examination shall be
9 required to pay, either to the Department or to the
10 designated testing service, a fee covering the cost of
11 determining the applicant's eligibility and providing the
12 examination. Failure to appear for the examination on the
13 scheduled date, at the time and place specified, after
14 the applicant's application for examination has been
15 received and acknowledged by the Department or the
16 designated testing service, shall result in the
17 forfeiture of the examination fee.
18 (2) The fee for a license under Section 9 of this
19 Act is $300.
20 (3) The fee for a license under Section 19 of this
21 Act is $300.
22 (4) The fee for the renewal of a license for a
23 resident of Illinois shall be calculated at the rate of
24 $100 per year, except for licensees who were issued a
25 license within 12 months of the expiration date of the
26 license, the fee for the renewal shall be $100. The fee
27 for the renewal of a license for a nonresident shall be
28 calculated at the rate of $200 per year, except for
29 licensees who were issued a license within 12 months of
30 the expiration date of the license, the fee for the
31 renewal shall be $200.
32 (5) The fee for the restoration of a license other
33 than from inactive status, is $100. In addition payment
34 of all lapsed renewal fees not to exceed $600 is
-578- LRB9009239DJcd
1 required.
2 (6) The fee for a 3-year temporary license under
3 Section 17 is $100.
4 (7) The fee for the issuance of a duplicate
5 license, for the issuance of a replacement license for a
6 license which has been lost or destroyed or for the
7 issuance of a license with a change of name or address
8 other than during the renewal period is $20. No fee is
9 required for name and address changes on Department
10 records when no duplicate license is issued.
11 (8) The fee to be paid for a license record for any
12 purpose is $20.
13 (9) The fee to be paid to have the scoring of an
14 examination, administered by the Department, reviewed and
15 verified, is $20 plus any fees charged by the applicable
16 testing service.
17 (10) The fee to be paid by a licensee for a wall
18 certificate showing their license shall be the actual
19 cost of producing such certificate.
20 (11) The fee for a roster of persons licensed as
21 physicians in this State shall be the actual cost of
22 producing such a roster.
23 (F) Any person who delivers a check or other payment to
24 the Department that is returned to the Department unpaid by
25 the financial institution upon which it is drawn shall pay to
26 the Department, in addition to the amount already owed to the
27 Department, a fine of $50. If the check or other payment was
28 for a renewal or issuance fee and that person practices
29 without paying the renewal fee or issuance fee and the fine
30 due, an additional fine of $100 shall be imposed. The fines
31 imposed by this Section are in addition to any other
32 discipline provided under this Act for unlicensed practice or
33 practice on a nonrenewed license. The Department shall notify
34 the person that payment of fees and fines shall be paid to
-579- LRB9009239DJcd
1 the Department by certified check or money order within 30
2 calendar days of the notification. If, after the expiration
3 of 30 days from the date of the notification, the person has
4 failed to submit the necessary remittance, the Department
5 shall automatically terminate the license or certificate or
6 deny the application, without hearing. If, after termination
7 or denial, the person seeks a license or certificate, he or
8 she shall apply to the Department for restoration or issuance
9 of the license or certificate and pay all fees and fines due
10 to the Department. The Department may establish a fee for the
11 processing of an application for restoration of a license or
12 certificate to pay all expenses of processing this
13 application. The Director may waive the fines due under this
14 Section in individual cases where the Director finds that the
15 fines would be unreasonable or unnecessarily burdensome.
16 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
17 7-1-97.)
18 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
19 Sec. 39. Stenographer; transcript. The Department, at
20 its expense, shall provide a stenographer to take down the
21 testimony and preserve a record of all proceedings at the
22 hearing of any case wherein a license may be revoked,
23 suspended, placed on probationary status, or other
24 disciplinary action taken with regard thereto. The notice of
25 hearing, complaint and all other documents in the nature of
26 pleadings and written motions filed in the proceedings, the
27 transcript of testimony, the report of the Licensing Board
28 and the orders of the Department constitute the record of the
29 proceedings. The Department shall furnish a transcript of the
30 record to any person interested in such hearing upon payment
31 of the fee required under Section 80-115 60f of the
32 Department of Professional Regulation Law (20 ILCS
33 2105/80-115) Civil Administrative Code of Illinois.
-580- LRB9009239DJcd
1 (Source: P.A. 87-1031.)
2 Section 5-325. The Naprapathic Practice Act is amended by
3 changing Section 130 as follows:
4 (225 ILCS 63/130)
5 Sec. 130. Formal hearing; preservation of record. The
6 Department, at its expense, shall preserve a record of all
7 proceedings at the formal hearing of any case. The notice of
8 hearing, complaint, and all other documents in the nature of
9 pleadings and written motions filed in the proceedings, the
10 transcript of testimony, the report of the Committee or
11 hearing officer, and order of the Department shall be the
12 record of the proceeding. The Department shall furnish a
13 transcript of the record to any person interested in the
14 hearing upon payment of the fee required under Section 80-115
15 60f of the Department of Professional Regulation Law (20 ILCS
16 2105/80-115) Civil Administrative Code of Illinois.
17 (Source: P.A. 89-61, eff. 6-30-95.)
18 Section 5-330. The Illinois Nursing Act of 1987 is
19 amended by changing Sections 24 and 33 as follows:
20 (225 ILCS 65/24) (from Ch. 111, par. 3524)
21 Sec. 24. Fund. There is hereby created within the State
22 Treasury the Nursing Dedicated and Professional Fund. The
23 monies in the Fund may be used by and at the direction of the
24 Department for the administration and enforcement of this
25 Act, including but not limited to:
26 (a) Distribution and publication of the Illinois
27 Nursing Act of 1987 and the rules at the time of renewal
28 to all Registered Professional Nurses and Licensed
29 Practical Nurses licensed by the Department.
30 (b) Employment of secretarial, nursing,
-581- LRB9009239DJcd
1 administrative, enforcement, and other staff for the
2 administration of this Act.
3 (c) Conducting a survey, as prescribed by rule of
4 the Department, once every 4 years during the license
5 renewal period.
6 (d) Conducting of training seminars for licensees
7 under this Act relating to the obligations,
8 responsibilities, enforcement and other provisions of the
9 Act and its rules.
10 (e) Disposition of Fees:
11 (i) (Blank).
12 (ii) All of the fees and fines collected
13 pursuant to this Act shall be deposited in the
14 Nursing Dedicated and Professional Fund.
15 (iii) For the fiscal year beginning July 1,
16 1988, the moneys deposited in the Nursing Dedicated
17 and Professional Fund shall be appropriated to the
18 Department for expenses of the Department and the
19 Board in the administration of this Act. All
20 earnings received from investment of moneys in the
21 Nursing Dedicated and Professional Fund shall be
22 deposited in the Nursing Dedicated and Professional
23 Fund and shall be used for the same purposes as fees
24 deposited in the Fund.
25 (iv) For the fiscal year beginning July 1,
26 1991 and for each fiscal year thereafter, either 10%
27 of the moneys deposited in the Nursing Dedicated and
28 Professional Fund each year, not including interest
29 accumulated on such moneys, or any moneys deposited
30 in the Fund in each year which are in excess of the
31 amount appropriated in that year to meet ordinary
32 and contingent expenses of the Board, whichever is
33 less, shall be set aside and appropriated to the
34 Illinois Department of Public Health for nursing
-582- LRB9009239DJcd
1 scholarships awarded pursuant to the Nursing
2 Education Scholarship Law.
3 (v) Moneys in the Fund may be transferred to
4 the Professions Indirect Cost Fund as authorized
5 under Section 80-300 61e of the Department of
6 Professional Regulation Law (20 ILCS 2105/80-300)
7 Civil Administrative Code of Illinois.
8 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
9 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
10 7-1-98; revised 8-18-97.)
11 (225 ILCS 65/33) (from Ch. 111, par. 3533)
12 Sec. 33. Stenographer; transcript. The Department, at
13 its expense, shall provide a stenographer to take down the
14 testimony and preserve a record of all proceedings at the
15 hearing of any case wherein any disciplinary action is taken
16 regarding a license. The notice of hearing, complaint and
17 all other documents in the nature of pleadings and written
18 motions filed in the proceedings, the transcript of
19 testimony, the report of the Board and the orders of the
20 Department shall be the record of the proceedings. The
21 Department shall furnish a transcript of the record to any
22 person interested in the hearing upon payment of the fee
23 required under Section 80-115 60f of the Department of
24 Professional Regulation Law (20 ILCS 2105/80-115) Civil
25 Administrative Code of Illinois.
26 (Source: P.A. 90-61, eff. 12-30-97.)
27 Section 5-335. The Nursing Home Administrators Licensing
28 and Disciplinary Act is amended by changing Section 23 as
29 follows:
30 (225 ILCS 70/23) (from Ch. 111, par. 3673)
31 Sec. 23. Record of proceedings. The Department, at its
-583- LRB9009239DJcd
1 expense, shall preserve a record of all proceedings at any
2 formal hearing of any case. The notice of hearing, complaint,
3 all other documents in the nature of pleadings and written
4 motions filed in the proceedings, the transcript of
5 testimony, the report of the Board, and the orders of the
6 Department shall be the record of the proceedings. The
7 Department shall furnish a transcript of the record to any
8 person interested in such hearing upon payment of the fee
9 required under Section 80-115 60f of the Department of
10 Professional Regulation Law (20 ILCS 2105/80-115) Civil
11 Administrative Code of Illinois.
12 (Source: P.A. 90-61, eff. 12-30-97.)
13 Section 5-340. The Illinois Optometric Practice Act of
14 1987 is amended by changing Section 20 as follows:
15 (225 ILCS 80/20) (from Ch. 111, par. 3920)
16 Sec. 20. Fund. All moneys received by the Department
17 pursuant to this Act shall be deposited in the Optometric
18 Licensing and Disciplinary Board Fund, which is hereby
19 created as a special fund in the State Treasury, and shall be
20 used only for the administration of this Act, including: (a)
21 by the Board in the exercise of its powers and performance of
22 its duties, as such use is made by the Department with full
23 consideration of all recommendations of the Board; (b) for
24 costs directly related to license renewal of persons licensed
25 under this Act; and (c) for direct and allocable indirect
26 costs related to the public purposes of the Department of
27 Professional Regulation.
28 Moneys in the Fund may be transferred to the Professions
29 Indirect Cost Fund as authorized under Section 80-300 61e of
30 the Department of Professional Regulation Law (20 ILCS
31 2105/80-300) Civil Administrative Code of Illinois.
32 Money in the Optometric Licensing and Disciplinary Board
-584- LRB9009239DJcd
1 Fund may be invested and reinvested, with all earnings
2 received from such investment to be deposited in the
3 Optometric Licensing and Disciplinary Board Fund and used for
4 the same purposes as fees deposited in such fund.
5 Any monies in the Optometric Examining and Disciplinary
6 Board Fund on the effective date of this Act shall be
7 transferred to the Optometric Licensing and Disciplinary
8 Board Fund.
9 Any obligations of the Optometric Examining and
10 Disciplinary Board Fund unpaid on the effective date of this
11 Act shall be paid from the Optometric Licensing and
12 Disciplinary Board Fund.
13 (Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96;
14 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
15 Section 5-345. The Pharmacy Practice Act of 1987 is
16 amended by changing Section 27 as follows:
17 (225 ILCS 85/27) (from Ch. 111, par. 4147)
18 Sec. 27. Fees. The following fees are not refundable.
19 (A) Certificate of pharmacy technician.
20 (1) The fee for application for a certificate of
21 registration as a pharmacy technician is $40.
22 (2) The fee for the renewal of a certificate of
23 registration as a pharmacy technician shall be calculated
24 at the rate of $25 per year.
25 (B) License as a pharmacist.
26 (1) The fee for application for a license is $75.
27 (2) In addition, applicants for any examination as
28 a registered pharmacist shall be required to pay, either
29 to the Department or to the designated testing service, a
30 fee covering the cost of determining an applicant's
31 eligibility and providing the examination. Failure to
32 appear for the examination on the scheduled date, at the
-585- LRB9009239DJcd
1 time and place specified, after the applicant's
2 application for examination has been received and
3 acknowledged by the Department or the designated testing
4 service, shall result in the forfeiture of the
5 examination fee.
6 (3) The fee for a license as a registered
7 pharmacist registered or licensed under the laws of
8 another state or territory of the United States is $200.
9 (4) The fee upon the renewal of a license shall be
10 calculated at the rate of $75 per year.
11 (5) The fee for the restoration of a certificate
12 other than from inactive status is $10 plus all lapsed
13 renewal fees.
14 (6) Applicants for the preliminary diagnostic
15 examination shall be required to pay, either to the
16 Department or to the designated testing service, a fee
17 covering the cost of determining an applicant's
18 eligibility and providing the examination. Failure to
19 appear for the examination on the scheduled date, at the
20 time and place specified, after the application for
21 examination has been received and acknowledged by the
22 Department or the designated testing service, shall
23 result in the forfeiture of the examination fee.
24 (7) The fee to have the scoring of an examination
25 authorized by the Department reviewed and verified is $20
26 plus any fee charged by the applicable testing service.
27 (C) License as a pharmacy.
28 (1) The fee for application for a license for a
29 pharmacy under this Act is $100.
30 (2) The fee for the renewal of a license for a
31 pharmacy under this Act shall be calculated at the rate
32 of $100 per year.
33 (3) The fee for the change of a
34 pharmacist-in-charge is $25.
-586- LRB9009239DJcd
1 (D) General Fees.
2 (1) The fee for the issuance of a duplicate
3 license, for the issuance of a replacement license for a
4 license that has been lost or destroyed or for the
5 issuance of a license with a change of name or address
6 other than during the renewal period is $20. No fee is
7 required for name and address changes on Department
8 records when no duplicate certification is issued.
9 (2) The fee for a certification of a registrant's
10 record for any purpose is $20.
11 (3) The fee to have the scoring of an examination
12 administered by the Department reviewed and verified is
13 $20.
14 (4) The fee for a wall certificate showing
15 licensure or registration shall be the actual cost of
16 producing the certificate.
17 (5) The fee for a roster of persons registered as
18 pharmacists or registered pharmacies in this State shall
19 be the actual cost of producing the roster.
20 (6) The fee for pharmacy licensing, disciplinary or
21 investigative records obtained pursuant to a subpoena is
22 $1 per page.
23 (E) Except as provided in subsection (F), all moneys
24 received by the Department under this Act shall be deposited
25 in the Illinois State Pharmacy Disciplinary Fund hereby
26 created in the State Treasury and shall be used only for the
27 following purposes: (a) by the State Board of Pharmacy in the
28 exercise of its powers and performance of its duties, as such
29 use is made by the Department upon the recommendations of the
30 State Board of Pharmacy, (b) for costs directly related to
31 license renewal of persons licensed under this Act, and (c)
32 for direct and allocable indirect costs related to the public
33 purposes of the Department of Professional Regulation.
34 Moneys in the Fund may be transferred to the Professions
-587- LRB9009239DJcd
1 Indirect Cost Fund as authorized under Section 80-300 61e of
2 the Department of Professional Regulation Law (20 ILCS
3 2105/80-300) Civil Administrative Code of Illinois.
4 The moneys deposited in the Illinois State Pharmacy
5 Disciplinary Fund shall be invested to earn interest which
6 shall accrue to the Fund. The Department shall present to the
7 Board for its review and comment all appropriation requests
8 from the Illinois State Pharmacy Disciplinary Fund. The
9 Department shall give due consideration to any comments of
10 the Board in making appropriation requests.
11 (F) From the money received for license renewal fees, $5
12 from each pharmacist fee, and $2.50 from each pharmacy
13 technician fee, shall be set aside within the Illinois State
14 Pharmacy Disciplinary Fund for the purpose of supporting a
15 substance abuse program for pharmacists and pharmacy
16 technicians. The State Board of Pharmacy shall determine how
17 and to whom the money set aside under this subsection is
18 disbursed.
19 (G) (Blank).
20 (Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
21 89-626, eff. 8-9-96; 90-372, eff. 7-1-98.)
22 Section 5-350. The Podiatric Medical Practice Act of 1987
23 is amended by changing Section 19 as follows:
24 (225 ILCS 100/19) (from Ch. 111, par. 4819)
25 Sec. 19. Disciplinary Fund. All fees and fines received
26 by the Department under this Act shall be deposited in the
27 Illinois State Podiatric Disciplinary Fund, a special fund
28 created hereunder in the State Treasury. Of the moneys
29 deposited into the Illinois State Podiatric Disciplinary
30 Fund, 15% of the money received from the payment of renewal
31 fees shall be used for podiatric scholarships and residency
32 programs under the Podiatric Scholarship and Residency Act
-588- LRB9009239DJcd
1 and the remainder shall be appropriated to the Department for
2 expenses of the Department and of the Podiatric Medical
3 Licensing Board and for podiatric scholarships and residency
4 programs under the Podiatric Scholarship and Residency Act.
5 Moneys in the Illinois State Podiatric Disciplinary Fund
6 may be invested and reinvested in investments authorized for
7 the investment of funds of the State Employees' Retirement
8 System of Illinois.
9 All earnings received from such investments shall be
10 deposited in the Illinois State Podiatric Disciplinary Fund
11 and may be used for the same purposes as fees deposited in
12 such fund.
13 Moneys in the Fund may be transferred to the Professions
14 Indirect Cost Fund as authorized under Section 80-300 61e of
15 the Department of Professional Regulation Law (20 ILCS
16 2105/80-300) Civil Administrative Code of Illinois.
17 Upon the completion of any audit of the Department as
18 prescribed by the Illinois State Auditing Act which includes
19 an audit of the Illinois State Podiatric Disciplinary Fund,
20 the Department shall make the audit open to inspection by any
21 interested person.
22 (Source: P.A. 89-204, eff. 1-1-96; 90-76, eff. 12-30-97;
23 90-372, eff. 7-1-98.)
24 Section 5-355. The Professional Boxing and Wrestling Act
25 is amended by changing Section 20 as follows:
26 (225 ILCS 105/20) (from Ch. 111, par. 5020)
27 Sec. 20. Stenographer; transcript. The Department, at
28 its expense, shall provide a stenographer to take down the
29 testimony and preserve a record of all proceedings at the
30 hearing of any case wherein a license or permit is subjected
31 to disciplinary action. The notice of hearing, complaint and
32 all other documents in the nature of pleadings and written
-589- LRB9009239DJcd
1 motions filed in the proceedings, the transcript of
2 testimony, the report of the board and the orders of the
3 Department shall be the record of the proceedings. The
4 Department shall furnish a transcript of the record to any
5 person interested in the hearing upon payment of the fee
6 required under Section 80-115 60f of the Department of
7 Professional Regulation Law (20 ILCS 2105/80-115) Civil
8 Administrative Code of Illinois.
9 (Source: P.A. 87-1031.)
10 Section 5-360. The Respiratory Care Practice Act is
11 amended by changing Section 110 as follows:
12 (225 ILCS 106/110)
13 Sec. 110. Record of proceedings; transcript. The
14 Department, at its expense, shall preserve the record of all
15 proceedings at a formal hearing of any case. The notice of
16 hearing, complaint, all other documents in the nature of
17 pleadings and written motions filed in the proceedings, the
18 transcript of testimony, the report of the Board and orders
19 of the Department shall be in the record of the proceedings.
20 The Department shall furnish a transcript of the record to
21 any person interested in the hearing upon payment of the fee
22 required under Section 80-115 60f of the Department of
23 Professional Regulation Law (20 ILCS 2105/80-115) Civil
24 Administrative Code of Illinois.
25 (Source: P.A. 89-33, eff. 1-1-96.)
26 Section 5-365. The Professional Counselor and Clinical
27 Professional Counselor Licensing Act is amended by changing
28 Section 95 as follows:
29 (225 ILCS 107/95)
30 Sec. 95. Record of proceedings; transcript. The
-590- LRB9009239DJcd
1 Department, at its expense, shall preserve a record of all
2 proceedings at the formal hearing of any case. The notice of
3 hearing, complaint, all other documents in the nature of
4 pleadings, written motions filed in the proceedings, the
5 transcript of testimony, the report of the Board and orders
6 of the Department shall be in the record of such proceeding.
7 The Department shall furnish a transcript of the record to
8 any person interested in the hearing upon payment of the fee
9 required under Section 80-115 60f of the Department of
10 Professional Regulation Law (20 ILCS 2105/80-115) Civil
11 Administrative Code of Illinois.
12 (Source: P.A. 87-1011; 87-1269.)
13 Section 5-370. The Wholesale Drug Distribution Licensing
14 Act is amended by changing Section 35 as follows:
15 (225 ILCS 120/35) (from Ch. 111, par. 8301-35)
16 Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
17 (a) The following fees shall be imposed by the
18 Department and are not refundable.
19 (1) The fee for application for a certificate of
20 registration as a wholesale drug distributor is $200.
21 (2) The fee for the renewal of a certificate of
22 registration as a wholesale drug distributor is $200 per
23 year.
24 (3) The fee for the change of person responsible
25 for drugs is $50.
26 (4) The fee for the issuance of a duplicate license
27 to replace a license that has been lost or destroyed is
28 $25.
29 (5) The fee for certification of a registrant's
30 record for any purpose is $25.
31 (6) The fee for a roster of licensed wholesale drug
32 distributors shall be the actual cost of producing the
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1 roster.
2 (7) The fee for wholesale drug distributor
3 licensing, disciplinary, or investigative records
4 obtained under subpoena is $1 per page.
5 (b) All moneys received by the Department under this Act
6 shall be deposited into the Illinois State Pharmacy
7 Disciplinary Fund in the State Treasury and shall be used
8 only for the following purposes: (i) by the State Board of
9 Pharmacy in the exercise of its powers and performance of its
10 duties, as such use is made by the Department upon the
11 recommendations of the State Board of Pharmacy, (ii) for
12 costs directly related to license renewal of persons licensed
13 under this Act, and (iii) for direct and allocable indirect
14 costs related to the public purposes of the Department of
15 Professional Regulation. Moneys in the Fund may be
16 transferred to the Professions Indirect Cost Fund as
17 authorized by Section 80-300 61e of the Department of
18 Professional Regulation Law (20 ILCS 2105/80-300) Civil
19 Administrative Code of Illinois.
20 The moneys deposited into the Illinois State Pharmacy
21 Disciplinary Fund shall be invested to earn interest which
22 shall accrue to the Fund.
23 The Department shall present to the Board for its review
24 and comment all appropriation requests from the Illinois
25 State Pharmacy Disciplinary Fund. The Department shall give
26 due consideration to any comments of the Board in making
27 appropriation requests.
28 (c) Any person who delivers a check or other payment to
29 the Department that is returned to the Department unpaid by
30 the financial institution upon which it is drawn shall pay to
31 the Department, in addition to the amount already owed to the
32 Department, a fine of $50. If the check or other payment was
33 for a renewal or issuance fee and that person practices
34 without paying the renewal fee or issuance fee and the fine
-592- LRB9009239DJcd
1 due, an additional fine of $100 shall be imposed. The fines
2 imposed by this Section are in addition to any other
3 discipline provided under this Act for unlicensed practice or
4 practice on a nonrenewed license. The Department shall
5 notify the person that payment of fees and fines shall be
6 paid to the Department by certified check or money order
7 within 30 calendar days of the notification. If, after the
8 expiration of 30 days from the date of the notification, the
9 person has failed to submit the necessary remittance, the
10 Department shall automatically terminate the license or
11 certificate or deny the application, without hearing. If,
12 after termination or denial, the person seeks a license or
13 certificate, he or she shall apply to the Department for
14 restoration or issuance of the license or certificate and pay
15 all fees and fines due to the Department. The Department may
16 establish a fee for the processing of an application for
17 restoration of a license or certificate to pay all expenses
18 of processing this application. The Director may waive the
19 fines due under this Section in individual cases where the
20 Director finds that the fines would be unreasonable or
21 unnecessarily burdensome.
22 (d) The Department shall maintain a roster of the names
23 and addresses of all registrants and of all persons whose
24 licenses have been suspended or revoked. This roster shall
25 be available upon written request and payment of the required
26 fee.
27 (Source: P.A. 89-204, eff. 1-1-96.)
28 Section 5-375. The Illinois Architecture Practice Act of
29 1989 is amended by changing Sections 25 and 38 as follows:
30 (225 ILCS 305/25) (from Ch. 111, par. 1325)
31 Sec. 25. Stenographer; transcript. The Department, at
32 its expense, shall preserve a record of all proceedings at
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1 the formal hearing of any case involving the refusal to
2 restore, issue or renew a license, or the discipline of a
3 licensee. The notice of hearing, complaint and all other
4 documents in the nature of pleadings and written motions
5 filed in the proceedings, the transcript of testimony, the
6 report of the Board and the orders of the Department shall be
7 the record of the proceedings. The Department shall furnish
8 a transcript of the record to any person interested in the
9 hearing upon payment of the fee required by Section 80-115
10 60f of the Department of Professional Regulation Law (20 ILCS
11 2105/80-115) Civil Administrative Code of Illinois.
12 (Source: P.A. 86-702; 87-1031.)
13 (225 ILCS 305/38) (from Ch. 111, par. 1338)
14 Sec. 38. Fund; appropriations; investments; audits.
15 Moneys deposited in the Design Professionals Administration
16 and Investigation Fund shall be appropriated to the
17 Department exclusively for expenses of the Department and the
18 Board in the administration of this Act, the Illinois
19 Professional Land Surveyor Act of 1989, the Professional
20 Engineering Practice Act of 1989, and the Structural
21 Engineering Licensing Act of 1989. The expenses of the
22 Department under this Act shall be limited to the ordinary
23 and contingent expenses of the Design Professionals Dedicated
24 Employees within the Department as established under Section
25 80-75 62.1 of the Department of Professional Regulation Law
26 (20 ILCS 2105/80-75) Civil Administrative Code of Illinois
27 and other expenses related to the administration and
28 enforcement of this Act.
29 Moneys from the Fund may also be used for direct and
30 allocable indirect costs related to the public purposes of
31 the Department of Professional Regulation. Moneys in the
32 Fund may be transferred to the Professions Indirect Cost Fund
33 as authorized by Section 80-300 61e of the Department of
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1 Professional Regulation Law (20 ILCS 2105/80-300) Civil
2 Administrative Code of Illinois.
3 All fines and penalties under Sections 22 and 36 shall be
4 deposited in the Design Professional Administration and
5 Investigation Fund.
6 Moneys in the Design Professional Administration and
7 Investigation Fund may be invested and reinvested, with all
8 earnings received from the investments to be deposited in the
9 Design Professionals Administration and Investigation Fund
10 and used for the same purposes as fees deposited in the Fund.
11 Upon the completion of any audit of the Department as
12 prescribed by the Illinois State Auditing Act that includes
13 an audit of the Design Professionals Administration and
14 Investigation Fund, the Department shall make the audit open
15 to inspection by any interested person. The copy of the
16 audit report required to be submitted to the Department by
17 this Section is an addition to copies of audit reports
18 required to be submitted to other State officers and agencies
19 by Section 3-14 of the Illinois State Auditing Act.
20 (Source: P.A. 89-204, eff. 1-1-96.)
21 Section 5-380. The Interior Design Profession Title Act
22 is amended by changing Section 30 as follows:
23 (225 ILCS 310/30) (from Ch. 111, par. 8230)
24 Sec. 30. Interior Design Administration and Investigation
25 Fund. All of the fees collected under this Act shall be
26 deposited in the Interior Design Administration and
27 Investigation Fund. The monies deposited in the Interior
28 Design Administration and Investigation Fund shall be
29 appropriated to the Department for expenses of the Department
30 and the Board in the administration of this Act. Monies in
31 the Interior Design Administration and Investigation Fund may
32 be invested and reinvested, with all earnings received from
-595- LRB9009239DJcd
1 such investment to be deposited in the Interior Design
2 Administration and Investigation Fund and used for the same
3 purposes as fees deposited in the Fund.
4 Moneys from the Fund may also be used for direct and
5 allocable indirect costs related to the public purposes of
6 the Department of Professional Regulation. Moneys in the
7 Fund may be transferred to the Professions Indirect Cost Fund
8 as authorized by Section 80-300 61e of the Department of
9 Professional Regulation Law (20 ILCS 2105/80-300) Civil
10 Administrative Code of Illinois.
11 Upon the completion of any audit of the Department as
12 prescribed by the Illinois State Auditing Act that includes
13 an audit of the Interior Design Administration and
14 Investigation Fund, the Department shall make the audit open
15 to inspection by any interested person. The copy of the audit
16 report required to be submitted to the Department by this
17 Section is in addition to copies of audit reports required to
18 be submitted to other State officers and agencies by Section
19 3-14 of the Illinois State Auditing Act.
20 (Source: P.A. 89-204, eff. 1-1-96.)
21 Section 5-385. The Illinois Landscape Architecture Act of
22 1989 is amended by changing Sections 15 and 20 as follows:
23 (225 ILCS 315/15) (from Ch. 111, par. 8115)
24 Sec. 15. Disposition of funds. All of the fees
25 collected pursuant to this Act shall be deposited in the
26 Landscape Architects' Administration and Investigation Fund.
27 The monies deposited in the Landscape Architects'
28 Administration and Investigation Fund shall be appropriated
29 to the Department for expenses of the Department in the
30 administration of this Act.
31 Moneys from the Fund may also be used for direct and
32 allocable indirect costs related to the public purposes of
-596- LRB9009239DJcd
1 the Department of Professional Regulation. Moneys in the
2 Fund may be transferred to the Professions Indirect Cost Fund
3 as authorized by Section 80-300 61e of the Department of
4 Professional Regulation Law (20 ILCS 2105/80-300) Civil
5 Administrative Code of Illinois.
6 Money deposited in the Landscape Architects'
7 Administration and Investigation Fund pursuant to this
8 Section may be invested and reinvested, with all earnings
9 received from such investment to be deposited in the
10 Landscape Architects' Administration and Investigation Fund
11 and used for the same purposes as fees deposited in such
12 fund.
13 (Source: P.A. 89-204, eff. 1-1-96.)
14 (225 ILCS 315/20) (from Ch. 111, par. 8120)
15 Sec. 20. Record of proceedings; transcript. The
16 Department, at its expense, shall preserve a record of all
17 proceedings at the formal hearing of any case involving the
18 refusal to restore, issue or renew a license, or the
19 discipline of a licensee. The notice of hearing, complaint
20 and all other documents in the nature of pleadings and
21 written motions filed in the proceedings, the transcript of
22 testimony, the report of the Board and the orders of the
23 Department shall be the record of the proceedings. The
24 Department shall furnish a transcript of the record to any
25 person interested in the hearing upon payment of the fee
26 required under Section 80-115 60f of the Department of
27 Professional Regulation Law (20 ILCS 2105/80-115) Civil
28 Administrative Code of Illinois.
29 (Source: P.A. 87-1031; 88-363.)
30 Section 5-390. The Professional Engineering Practice Act
31 of 1989 is amended by changing Sections 27 and 44 as
32 follows:
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1 (225 ILCS 325/27) (from Ch. 111, par. 5227)
2 Sec. 27. Stenographer; transcript. The Department, at
3 its expense, shall preserve a record of all proceedings at
4 the formal hearing of any case involving the refusal to
5 issue, restore or renew a license or otherwise discipline a
6 registrant. The notice of hearing, complaint and all other
7 documents in the nature of pleadings and written motions
8 filed in the proceedings, the transcript of testimony, the
9 report of the Board and orders of the Department shall be in
10 the record of the proceeding. The Department shall furnish a
11 transcript of the record to any person interested in the
12 hearing upon payment of the fee required under Section 80-115
13 60f of the Department of Professional Regulation Law (20 ILCS
14 2105/80-115) Civil Administrative Code of Illinois.
15 (Source: P.A. 86-667; 87-1031.)
16 (225 ILCS 325/44) (from Ch. 111, par. 5244)
17 Sec. 44. Fund; appropriations; investments; audits.
18 Moneys deposited in the Design Professionals Administration
19 and Investigation Fund shall be appropriated to the
20 Department exclusively for expenses of the Department and the
21 Board in the administration of this Act, the Illinois
22 Professional Land Surveyor Act of 1989, the Illinois
23 Architecture Practice Act, and the Structural Engineering
24 Licensing Act of 1989. The expenses of the Department under
25 this Act shall be limited to the ordinary and contingent
26 expenses of the Design Professionals Dedicated Employees
27 within the Department as established under Section 80-75 62.1
28 of the Department of Professional Regulation Law (20 ILCS
29 2105/80-75) Civil Administrative Code of Illinois and other
30 expenses related to the administration and enforcement of
31 this Act.
32 Moneys from the Fund may also be used for direct and
33 allocable indirect costs related to the public purposes of
-598- LRB9009239DJcd
1 the Department of Professional Regulation. Moneys in the
2 Fund may be transferred to the Professions Indirect Cost Fund
3 as authorized by Section 80-300 61e of the Department of
4 Professional Regulation Law (20 ILCS 2105/80-300) Civil
5 Administrative Code of Illinois.
6 Moneys in the Design Professionals Administration and
7 Investigation Fund may be invested and reinvested with all
8 earnings received from the investments to be deposited in the
9 Design Professionals Administration and Investigation Fund
10 and used for the same purposes as fees deposited in the Fund.
11 All fines and penalties under Section 24 and Section 39
12 shall be deposited in the Design Professionals Administration
13 and Investigation Fund.
14 Upon the completion of any audit of the Department as
15 prescribed by the Illinois State Auditing Act that audit
16 includes an audit of the Design Professionals Administration
17 and Investigation Fund, the Department shall make the audit
18 report open to inspection by any interested person. The copy
19 of the audit report required to be submitted to the
20 Department by this Section is in addition to copies of audit
21 reports required to be submitted to other State officers and
22 agencies by Section 3-14 of the Illinois State Auditing Act.
23 (Source: P.A. 89-204, eff. 1-1-96.)
24 Section 5-395. The Illinois Professional Land Surveyor
25 Act of 1989 is amended by changing Sections 30 and 48 as
26 follows:
27 (225 ILCS 330/30) (from Ch. 111, par. 3280)
28 Sec. 30. Stenographer; transcript. The Department, at
29 its expense, shall provide a stenographer to take down the
30 testimony and preserve a record of all proceedings at the
31 hearing of any case where a license is revoked, suspended, or
32 other disciplinary action is taken. The notice of hearing,
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1 complaint and all other documents in the nature of pleadings
2 and written motions filed in the proceedings, the transcript
3 of testimony, the report of the Board and the orders of the
4 Department shall be the record of the proceedings. The
5 Department shall furnish a transcript of the record to any
6 person interested in the hearing upon payment of the fee
7 required under Section 80-115 60f of the Department of
8 Professional Regulation Law (20 ILCS 2105/80-115) Civil
9 Administrative Code of Illinois.
10 (Source: P.A. 86-987; 87-1031.)
11 (225 ILCS 330/48) (from Ch. 111, par. 3298)
12 Sec. 48. Fund, appropriations, investments and audits.
13 The moneys deposited in the Design Professionals
14 Administration and Investigation Fund from fines and fees
15 under this Act shall be appropriated to the Department
16 exclusively for expenses of the Department and the Board in
17 the administration of this Act, the Illinois Architecture
18 Practice Act, the Professional Engineering Practice Act of
19 1989, and the Structural Engineering Licensing Act of 1989.
20 The expenses of the Department under this Act shall be
21 limited to the ordinary and contingent expenses of the Design
22 Professionals Dedicated Employees within the Department as
23 established under Section 80-75 62.1 of the Department of
24 Professional Regulation Law (20 ILCS 2105/80-75) Civil
25 Administrative Code of Illinois and other expenses related to
26 the administration and enforcement of this Act.
27 Moneys from the Fund may also be used for direct and
28 allocable indirect costs related to the public purposes of
29 the Department of Professional Regulation. Moneys in the
30 Fund may be transferred to the Professions Indirect Cost Fund
31 as authorized by Section 80-300 61e of the Department of
32 Professional Regulation Law (20 ILCS 2105/80-300) Civil
33 Administrative Code of Illinois.
-600- LRB9009239DJcd
1 Moneys in the Design Professionals Administration and
2 Investigation Fund may be invested and reinvested with all
3 earnings received from the investments to be deposited in the
4 Design Professionals Administration and Investigation Fund
5 and used for the same purposes as fees deposited in that
6 Fund.
7 Upon the completion of any audit of the Department as
8 prescribed by the Illinois State Auditing Act that includes
9 an audit of the Design Professionals Administration and
10 Investigation Fund, the Department shall make the audit open
11 to inspection by any interested person. The copy of the
12 audit report required to be submitted to the Department by
13 this Section is in addition to copies of audit reports
14 required to be submitted to other State officers and agencies
15 by Section 3-14 of the Illinois State Auditing Act.
16 (Source: P.A. 89-204, eff. 1-1-96.)
17 Section 5-400. The Illinois Roofing Industry Licensing
18 Act is amended by changing Section 9.2 as follows:
19 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
20 Sec. 9.2. The Department, at its expense, shall preserve
21 a record of all proceedings at the formal hearing of any
22 case. The notice of hearing, complaint and all other
23 documents in the nature of pleadings and written motions
24 filed in the proceedings, the transcript of testimony, the
25 report of the hearing officer and order of the Department
26 shall be the record of such proceeding. The Department shall
27 furnish a transcript of the record to any person interested
28 in the hearing upon payment of the fee required under Section
29 80-115 60f of the Department of Professional Regulation Law
30 (20 ILCS 2105/80-115) Civil Administrative Code of Illinois.
31 (Source: P.A. 89-387, eff. 1-1-96.)
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1 Section 5-405. The Structural Engineering Licensing Act
2 of 1989 is amended by changing Sections 23 and 36 as follows:
3 (225 ILCS 340/23) (from Ch. 111, par. 6623)
4 Sec. 23. Record; transcript. The Department, at its
5 expense, shall preserve a record of all proceedings at the
6 formal hearing of any case involving the refusal to issue,
7 restore or renew a license or the discipline of a licensee.
8 The notice of hearing, complaint and all other documents in
9 the nature of pleadings and written motions filed in the
10 proceedings, the transcript of testimony, the report of the
11 Board and the orders of the Department shall be the record of
12 the proceedings. The Department shall furnish a transcript of
13 the record to any person interested in the hearing upon
14 payment of the fee required under Section 80-115 60f of the
15 Department of Professional Regulation Law (20 ILCS
16 2105/80-115) Civil Administrative Code of Illinois.
17 (Source: P.A. 86-711; 87-1031.)
18 (225 ILCS 340/36) (from Ch. 111, par. 6636)
19 Sec. 36. Fund; appropriations; investments; audits.
20 Moneys collected under this Act and deposited in the Design
21 Professionals Administration and Investigation Fund shall be
22 appropriated to the Department exclusively for expenses of
23 the Department and the Board in the administration of this
24 Act, the Illinois Professional Land Surveyor Act of 1989, the
25 Professional Engineering Practice Act of 1989, and the
26 Illinois Architecture Practice Act. The expenses of the
27 Department under this Act shall be limited to the ordinary
28 and contingent expenses of the Design Professionals Dedicated
29 Employees within the Department as established under Section
30 80-75 62.1 of the Department of Professional Regulation Law
31 (20 ILCS 2105/80-75) Civil Administrative Code of Illinois
32 and other expenses related to the administration and
-602- LRB9009239DJcd
1 enforcement of this Act.
2 Moneys from the Fund may also be used for direct and
3 allocable indirect costs related to the public purposes of
4 the Department of Professional Regulation. Moneys in the
5 Fund may be transferred to the Professions Indirect Cost Fund
6 as authorized by Section 80-300 61e of the Department of
7 Professional Regulation Law (20 ILCS 2105/80-300) Civil
8 Administrative Code of Illinois.
9 Moneys in the Design Professionals Administration and
10 Investigation Fund may be invested and reinvested, with all
11 earnings received from the investments to be deposited in the
12 Design Professionals Administration and Investigation Fund
13 and used for the same purposes as fees deposited in the Fund.
14 All fines and penalties under Sections 20 and 34 shall be
15 deposited in the Design Professionals Administration and
16 Investigation Fund.
17 Upon the completion of any audit of the Department, as
18 prescribed by the Illinois State Auditing Act, that includes
19 an audit of the Design Professionals Administration and
20 Investigation Fund, the Department shall make the audit open
21 to inspection by any interested person. The copy of the
22 audit report required to be submitted to the Department by
23 this Section is in addition to copies of audit reports
24 required to be submitted to other State officers and agencies
25 by Section 3-14 of the Illinois State Auditing Act.
26 (Source: P.A. 89-204, eff. 1-1-96.)
27 Section 5-410. The Collection Agency Act is amended by
28 changing Section 17 as follows:
29 (225 ILCS 425/17)
30 Sec. 17. Record of hearing. The Department, at its
31 expense, shall preserve a record of all proceedings at the
32 formal hearing of any case. The notice of hearing,
-603- LRB9009239DJcd
1 complaint, and other documents in the nature of pleadings and
2 written motions filed in the proceedings, the transcript of
3 testimony, the report of the Board, and orders of the
4 Department shall be in the record of the proceedings. The
5 Department shall furnish a transcript of the record to any
6 person interested in the hearing upon payment of the fee
7 required under Section 80-115 60f of the Department of
8 Professional Regulation Law (20 ILCS 2105/80-115) Civil
9 Administrative Code of Illinois.
10 (Source: P.A. 89-387, eff. 1-1-96.)
11 Section 5-415. The Detection of Deception Examiners Act
12 is amended by changing Section 18 as follows:
13 (225 ILCS 430/18) (from Ch. 111, par. 2419)
14 Sec. 18. Stenographer; transcript; Committee report. The
15 Department, at its expense, shall provide a stenographer to
16 take down the testimony and preserve a record of all
17 proceedings at the hearing of any case involving the refusal
18 to issue or the suspension or revocation of a license. The
19 notice of hearing, complaint and all other documents in the
20 nature of pleadings and written motions filed in the
21 proceedings, the transcript of testimony, the report of the
22 Committee and orders of the Department shall be the records
23 of the proceedings. The Department shall furnish a transcript
24 of the record to any person or persons interested in the
25 hearing upon the payment of the fee required under Section
26 80-115 60f of the Department of Professional Regulation Law
27 (20 ILCS 2105/80-115) Civil Administrative Code of Illinois.
28 In any case involving the refusal to issue or the
29 suspension or revocation of a license, a copy of the
30 Committee's report shall be served upon the respondent by the
31 Department, either personally or by registered or certified
32 mail as provided in this Act for the service of the notice of
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1 hearing. Within 20 days after service, the respondent may
2 present to the Department a motion in writing for a
3 rehearing, which shall specify the particular grounds for
4 rehearing. If no motion for rehearing is filed, then upon the
5 expiration of the time specified for filing a motion, or if a
6 motion for rehearing is denied, then upon denial the Director
7 may enter an order in accordance with recommendations of the
8 Committee. If the respondent shall order and pay for a
9 transcript of the record within the time for filing a motion
10 for rehearing, the 20 day period within which a motion may be
11 filed shall commence upon the delivery of the transcript to
12 the respondent.
13 (Source: P.A. 87-1031.)
14 Section 5-420. The Illinois Public Accounting Act is
15 amended by changing Section 32 as follows:
16 (225 ILCS 450/32) (from Ch. 111, par. 5537)
17 Sec. 32. All moneys received by the Department under
18 this Act shall be deposited into the Registered Certified
19 Public Accountants' Administration and Disciplinary Fund,
20 which is hereby created as a special fund in the State
21 Treasury. The funds in the account shall be used by the
22 Department, as appropriated, exclusively for expenses of the
23 Department and the Public Accountants' Registration Committee
24 in the administration of this Act.
25 Moneys in the Registered Certified Public Accountants'
26 Administration and Disciplinary Fund may be invested and
27 reinvested, with all earnings received from the investments
28 to be deposited into the Registered Certified Public
29 Accountants' Administration and Disciplinary Fund.
30 Moneys from the Fund may also be used for direct and
31 allocable indirect costs related to the public purposes of
32 the Department of Professional Regulation. Moneys in the
-605- LRB9009239DJcd
1 Fund may be transferred to the Professions Indirect Cost Fund
2 as authorized by Section 80-300 61e of the Department of
3 Professional Regulation Law (20 ILCS 2105/80-300) Civil
4 Administrative Code of Illinois.
5 (Source: P.A. 89-204, eff. 1-1-96.)
6 Section 5-430. The Illinois Feeder Swine Dealer Licensing
7 Act is amended by changing Section 16 as follows:
8 (225 ILCS 620/16) (from Ch. 111, par. 216)
9 Sec. 16. Each licensee hereunder, except persons licensed
10 under the Livestock Auction Market Law as now or hereafter
11 amended, shall file with the Department a bond in the amount
12 of $5,000, with the licensee as principal and a surety
13 company authorized to do business in Illinois as surety,
14 conditioned on the performance by such licensee of all duties
15 required by law of a feeder swine dealer. Such bond shall
16 provide that it may not be cancelled without 30 days written
17 notice of termination to the Department prior to the
18 effective date of such termination.
19 Instead of filing a bond, a licensee may deliver to the
20 Department a trust fund agreement showing he has deposited
21 with a bank or trust company either $5,000 in cash or
22 securities endorsed in blank by the owner thereof and having
23 a fair market value of at least $5,000. The form of the
24 trust fund agreement shall be prescribed by the Department.
25 The trust fund agreement shall be subject to the same
26 conditions as would the bond described in this Section. A
27 licensee desiring to terminate a trust fund agreement shall
28 submit to the Director a written request to do so. The trust
29 fund agreement shall terminate within 30 days after the
30 Director's receipt of the request unless the Director
31 notifies the licensee of his objection to the termination.
32 The Director shall object to the termination of the trust
-606- LRB9009239DJcd
1 fund agreement where the possibility exists that an
2 obligation covered by the agreement might go unsatisfied.
3 The Director of Agriculture as trustee of the bond or the
4 trust fund described in this Section shall have the
5 authorities granted him in Section 15-410 40.23 of the
6 Department of Agriculture Law (20 ILCS 205/15-410) Civil
7 Administrative Code of Illinois and the rules adopted
8 pursuant thereto.
9 (Source: P.A. 83-760.)
10 Section 5-435. The Illinois Livestock Dealer Licensing
11 Act is amended by changing Section 2 as follows:
12 (225 ILCS 645/2) (from Ch. 111, par. 402)
13 Sec. 2. Necessity of license. No person shall engage in
14 the business of a livestock dealer in this State without a
15 license therefor issued by the Department.
16 A "commission firm" may be exempt from this Act if: it is
17 registered under the "Slaughter Livestock Buyers Act" as a
18 "slaughter livestock broker"; it requires all purchasers of
19 livestock to pay for such livestock before the close of the
20 next business day; it is a commission firm on a public
21 stockyard (St. Louis National Stockyards and Peoria Union
22 Stockyards); it buys or sells slaughter livestock on
23 commission basis only; it does business only on a named
24 public stockyard; and it has a bond on file with the United
25 States Department of Agriculture, Packers and Stockyards,
26 Agricultural Marketing Service, or any successor agency, in
27 an amount and conditioned upon such terms as meets the
28 conditions of Sections 201.30 and 201.31 of regulations
29 issued under the "Packers and Stockyards Act, 1921", as
30 amended. A duplicate original of such bond filed with the
31 Department will meet the bond requirements of this Act, and
32 such bond shall be the State bond. The Director shall be
-607- LRB9009239DJcd
1 named as trustee in such bond and the Department shall be
2 named to receive a 30-day notice of cancellation. The
3 Director as trustee of the bond shall have the authorities
4 granted him in Section 15-410 40.23 of the Department of
5 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
6 Code and the rules adopted pursuant thereto.
7 (Source: P.A. 89-154, eff. 7-19-95.)
8 Section 5-440. The Slaughter Livestock Buyers Act is
9 amended by changing Section 4.1 as follows:
10 (225 ILCS 655/4.1) (from Ch. 111, par. 505)
11 Sec. 4.1. The Director shall be named as trustee on any
12 bond required of any person subject to the Packers and
13 Stockyards Act of 1921, as amended in 1976, if the home
14 office or headquarters of that person is located within this
15 State. The Director shall have the authorities granted him
16 in Section 15-410 40.23 of "the Department of Agriculture Law
17 (20 ILCS 205/15-410) Civil Administrative Code of Illinois"
18 and the rules adopted pursuant thereto.
19 (Source: P.A. 81-195.)
20 Section 5-443. The Coal Mining Act is amended by
21 changing Section 1.15 as follows:
22 (225 ILCS 705/1.15) (from Ch. 96 1/2, par. 265)
23 Sec. 1.15. "Mining Board" or "Board" means the State
24 Mining Board in the Department of Natural Resources, Office
25 of Mines and Minerals, created by Section 5-155 5.04 of the
26 Departments of State Government Law (20 ILCS 5/5-155) Civil
27 Administrative Code of Illinois.
28 (Source: P.A. 89-445, eff. 2-7-96.)
29 Section 5-445. The Professional Geologist Licensing Act
-608- LRB9009239DJcd
1 is amended by changing Section 95 as follows:
2 (225 ILCS 745/95)
3 Sec. 95. Record of proceedings; transcript. The
4 Department, at its expense, shall preserve a record of all
5 proceedings at the formal hearing of any case. The notice of
6 hearing, complaint, all other documents in the nature of
7 pleadings, written motions filed in the proceedings, the
8 transcripts of testimony, the report of the Board, and orders
9 of the Department shall be in the record of the proceeding.
10 The Department shall furnish a transcript of such record to
11 any person interested in such hearing upon payment of the fee
12 required under Section 80-115 60f of the Department of
13 Professional Regulation Law (20 ILCS 2105/80-115) Civil
14 Administrative Code of Illinois.
15 (Source: P.A. 89-366, eff. 7-1-96.)
16 Section 5-450. The Illinois Horse Racing Act of 1975 is
17 amended by changing Sections 9, 28, and 31 as follows:
18 (230 ILCS 5/9) (from Ch. 8, par. 37-9)
19 Sec. 9. The Board shall have all powers necessary and
20 proper to fully and effectively execute the provisions of
21 this Act, including, but not limited to, the following:
22 (a) The Board is vested with jurisdiction and
23 supervision over all race meetings in this State, over all
24 licensees doing business in this State, over all occupation
25 licensees, and over all persons on the facilities of any
26 licensee. Such jurisdiction shall include the power to issue
27 licenses to the Illinois Department of Agriculture
28 authorizing the pari-mutuel system of wagering on harness and
29 Quarter Horse races held (1) at the Illinois State Fair in
30 Sangamon County, and (2) at the DuQuoin State Fair in Perry
31 County. The jurisdiction of the Board shall also include the
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1 power to issue licenses to county fairs which are eligible to
2 receive funds pursuant to the Agricultural Fair Act, as now
3 or hereafter amended, or their agents, authorizing the
4 pari-mutuel system of wagering on horse races conducted at
5 the county fairs receiving such licenses. Such licenses
6 shall be governed by subsection (n) of this Section.
7 Upon application, the Board shall issue a license to the
8 Illinois Department of Agriculture to conduct harness and
9 Quarter Horse races at the Illinois State Fair and at the
10 DuQuoin State Fairgrounds during the scheduled dates of each
11 fair. The Board shall not require and the Department of
12 Agriculture shall be exempt from the requirements of Sections
13 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e),
14 (e-5), (e-10), (f), (g), and (h) of Section 20, and Sections
15 21, 24 and 25. The Board and the Department of Agriculture
16 may extend any or all of these exemptions to any contractor
17 or agent engaged by the Department of Agriculture to conduct
18 its race meetings when the Board determines that this would
19 best serve the public interest and the interest of horse
20 racing.
21 Notwithstanding any provision of law to the contrary, it
22 shall be lawful for any licensee to operate pari-mutuel
23 wagering or contract with the Department of Agriculture to
24 operate pari-mutuel wagering at the DuQuoin State Fairgrounds
25 or for the Department to enter into contracts with a
26 licensee, employ its owners, employees or agents and employ
27 such other occupation licensees as the Department deems
28 necessary in connection with race meetings and wagerings.
29 (b) The Board is vested with the full power to
30 promulgate reasonable rules and regulations for the purpose
31 of administering the provisions of this Act and to prescribe
32 reasonable rules, regulations and conditions under which all
33 horse race meetings or wagering in the State shall be
34 conducted. Such reasonable rules and regulations are to
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1 provide for the prevention of practices detrimental to the
2 public interest and to promote the best interests of horse
3 racing and to impose penalties for violations thereof.
4 (c) The Board, and any person or persons to whom it
5 delegates this power, is vested with the power to enter the
6 facilities and other places of business of any licensee to
7 determine whether there has been compliance with the
8 provisions of this Act and its rules and regulations.
9 (d) The Board, and any person or persons to whom it
10 delegates this power, is vested with the authority to
11 investigate alleged violations of the provisions of this Act,
12 its reasonable rules and regulations, orders and final
13 decisions; the Board shall take appropriate disciplinary
14 action against any licensee or occupation licensee for
15 violation thereof or institute appropriate legal action for
16 the enforcement thereof.
17 (e) The Board, and any person or persons to whom it
18 delegates this power, may eject or exclude from any race
19 meeting or the facilities of any licensee, or any part
20 thereof, any occupation licensee or any other individual
21 whose conduct or reputation is such that his presence on
22 those facilities may, in the opinion of the Board, call into
23 question the honesty and integrity of horse racing or
24 wagering or interfere with the orderly conduct of horse
25 racing or wagering; provided, however, that no person shall
26 be excluded or ejected from the facilities of any licensee
27 solely on the grounds of race, color, creed, national origin,
28 ancestry, or sex. The power to eject or exclude an
29 occupation licensee or other individual may be exercised for
30 just cause by the licensee or the Board, subject to
31 subsequent hearing by the Board as to the propriety of said
32 exclusion.
33 (f) The Board is vested with the power to acquire,
34 establish, maintain and operate (or provide by contract to
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1 maintain and operate) testing laboratories and related
2 facilities, for the purpose of conducting saliva, blood,
3 urine and other tests on the horses run or to be run in any
4 horse race meeting and to purchase all equipment and supplies
5 deemed necessary or desirable in connection with any such
6 testing laboratories and related facilities and all such
7 tests.
8 (g) The Board may require that the records, including
9 financial or other statements of any licensee or any person
10 affiliated with the licensee who is involved directly or
11 indirectly in the activities of any licensee as regulated
12 under this Act to the extent that those financial or other
13 statements relate to such activities be kept in such manner
14 as prescribed by the Board, and that Board employees shall
15 have access to those records during reasonable business
16 hours. Within 120 days of the end of its fiscal year, each
17 licensee shall transmit to the Board an audit of the
18 financial transactions and condition of the licensee's total
19 operations. All audits shall be conducted by certified
20 public accountants. Each certified public accountant must be
21 registered in the State of Illinois under the Illinois Public
22 Accounting Act. The compensation for each certified public
23 accountant shall be paid directly by the licensee to the
24 certified public accountant. A licensee shall also submit
25 any other financial or related information the Board deems
26 necessary to effectively administer this Act and all rules,
27 regulations, and final decisions promulgated under this Act.
28 (h) The Board shall name and appoint in the manner
29 provided by the rules and regulations of the Board: an
30 Executive Director; a State director of mutuels; State
31 veterinarians and representatives to take saliva, blood,
32 urine and other tests on horses; licensing personnel; revenue
33 inspectors; and State seasonal employees (excluding admission
34 ticket sellers and mutuel clerks). All of those named and
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1 appointed as provided in this subsection shall serve during
2 the pleasure of the Board; their compensation shall be
3 determined by the Board and be paid in the same manner as
4 other employees of the Board under this Act.
5 (i) The Board shall require that there shall be 3
6 stewards at each horse race meeting, at least 2 of whom shall
7 be named and appointed by the Board. Stewards appointed or
8 approved by the Board, while performing duties required by
9 this Act or by the Board, shall be entitled to the same
10 rights and immunities as granted to Board members and Board
11 employees in Section 10 of this Act.
12 (j) The Board may discharge any Board employee who fails
13 or refuses for any reason to comply with the rules and
14 regulations of the Board, or who, in the opinion of the
15 Board, is guilty of fraud, dishonesty or who is proven to be
16 incompetent. The Board shall have no right or power to
17 determine who shall be officers, directors or employees of
18 any licensee, or their salaries except the Board may, by
19 rule, require that all or any officials or employees in
20 charge of or whose duties relate to the actual running of
21 races be approved by the Board.
22 (k) The Board is vested with the power to appoint
23 delegates to execute any of the powers granted to it under
24 this Section for the purpose of administering this Act and
25 any rules or regulations promulgated in accordance with this
26 Act.
27 (l) The Board is vested with the power to impose civil
28 penalties of up to $5,000 against an individual and up to
29 $10,000 against a licensee for each violation of any
30 provision of this Act, any rules adopted by the Board, any
31 order of the Board or any other action which, in the Board's
32 discretion, is a detriment or impediment to horse racing or
33 wagering.
34 (m) The Board is vested with the power to prescribe a
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1 form to be used by licensees as an application for employment
2 for employees of each licensee.
3 (n) The Board shall have the power to issue a license to
4 any county fair, or its agent, authorizing the conduct of the
5 pari-mutuel system of wagering. The Board is vested with the
6 full power to promulgate reasonable rules, regulations and
7 conditions under which all horse race meetings licensed
8 pursuant to this subsection shall be held and conducted,
9 including rules, regulations and conditions for the conduct
10 of the pari-mutuel system of wagering. The rules,
11 regulations and conditions shall provide for the prevention
12 of practices detrimental to the public interest and for the
13 best interests of horse racing, and shall prescribe penalties
14 for violations thereof. Any authority granted the Board
15 under this Act shall extend to its jurisdiction and
16 supervision over county fairs, or their agents, licensed
17 pursuant to this subsection. However, the Board may waive
18 any provision of this Act or its rules or regulations which
19 would otherwise apply to such county fairs or their agents.
20 (o) Whenever the Board is authorized or required by law
21 to consider some aspect of criminal history record
22 information for the purpose of carrying out its statutory
23 powers and responsibilities, then, upon request and payment
24 of fees in conformance with the requirements of subsection 22
25 of Section 100-400 55a of the Department of State Police Law
26 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
27 the Department of State Police is authorized to furnish,
28 pursuant to positive identification, such information
29 contained in State files as is necessary to fulfill the
30 request.
31 (p) To insure the convenience, comfort, and wagering
32 accessibility of race track patrons, to provide for the
33 maximization of State revenue, and to generate increases in
34 purse allotments to the horsemen, the Board shall require any
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1 licensee to staff the pari-mutuel department with adequate
2 personnel.
3 (Source: P.A. 88-82; 88-495; 88-670, eff. 12-2-94; 89-16,
4 eff. 5-30-95.)
5 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
6 Sec. 28. Except as provided in subsection (g) of Section
7 27 of this Act, moneys collected shall be distributed
8 according to the provisions of this Section 28.
9 (a) Thirty per cent of the total of all monies received
10 by the State as privilege taxes shall be paid into the
11 Metropolitan Fair and Exposition Authority Reconstruction
12 Fund in the State treasury until such Fund contains
13 sufficient money to pay in full, both principal and interest,
14 all of the outstanding bonds issued pursuant to the Fair and
15 Exposition Authority Reconstruction Act, approved July 31,
16 1967, as amended, and thereafter shall be paid into the
17 Metropolitan Exposition Auditorium and Office Building Fund
18 in the State Treasury.
19 (b) Four and one-half per cent of the total of all
20 monies received by the State as privilege taxes shall be paid
21 into the State treasury into a special Fund to be known as
22 the "Metropolitan Exposition, Auditorium, and Office Building
23 Fund".
24 (c) Fifty per cent of the total of all monies received
25 by the State as privilege taxes under the provisions of this
26 Act shall be paid into the "Agricultural Premium Fund".
27 (d) Seven per cent of the total of all monies received
28 by the State as privilege taxes shall be paid into the Fair
29 and Exposition Fund in the State treasury; provided, however,
30 that when all bonds issued prior to July 1, 1984 by the
31 Metropolitan Fair and Exposition Authority shall have been
32 paid or payment shall have been provided for upon a refunding
33 of those bonds, thereafter 1/12 of $1,665,662 of such monies
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1 shall be paid each month into the Build Illinois Fund, and
2 the remainder into the Fair and Exposition Fund. All excess
3 monies shall be allocated to the Department of Agriculture
4 for distribution to county fairs for premiums and
5 rehabilitation as set forth in the Agricultural Fair Act.
6 (e) The monies provided for in Section 30 shall be paid
7 into the Illinois Thoroughbred Breeders Fund.
8 (f) The monies provided for in Section 31 shall be paid
9 into the Illinois Standardbred Breeders Fund.
10 (g) That part representing 1/2 of the total breakage in
11 Thoroughbred, Harness, Appaloosa, Arabian, and Quarter Horse
12 racing in the State shall be paid into the "Illinois Race
13 Track Improvement Fund" as established in Section 32.
14 (h) All other monies received by the Board under this
15 Act shall be paid into the General Revenue Fund of the State.
16 (i) The salaries of the Board members, secretary,
17 stewards, directors of mutuels, veterinarians,
18 representatives, accountants, clerks, stenographers,
19 inspectors and other employees of the Board, and all expenses
20 of the Board incident to the administration of this Act,
21 including, but not limited to, all expenses and salaries
22 incident to the taking of saliva and urine samples in
23 accordance with the rules and regulations of the Board shall
24 be paid out of the Agricultural Premium Fund.
25 (j) The Agricultural Premium Fund shall also be used:
26 (1) for the expenses of operating the Illinois
27 State Fair and the DuQuoin State Fair, including the
28 payment of prize money or premiums;
29 (2) for the distribution to county fairs,
30 vocational agriculture section fairs, agricultural
31 societies, and agricultural extension clubs in accordance
32 with the "Agricultural Fair Act", as amended;
33 (3) for payment of prize monies and premiums
34 awarded and for expenses incurred in connection with the
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1 International Livestock Exposition and the Mid-Continent
2 Livestock Exposition held in Illinois, which premiums,
3 and awards must be approved, and paid by the Illinois
4 Department of Agriculture;
5 (4) for personal service of county agricultural
6 advisors and county home advisors;
7 (5) for distribution to agricultural home economic
8 extension councils in accordance with "An Act in relation
9 to additional support and finance for the Agricultural
10 and Home Economic Extension Councils in the several
11 counties in this State and making an appropriation
12 therefor", approved July 24, 1967, as amended;
13 (6) for research on equine disease, including a
14 development center therefor;
15 (7) for training scholarships for study on equine
16 diseases to students at the University of Illinois
17 College of Veterinary Medicine;
18 (8) for the rehabilitation, repair and maintenance
19 of the Illinois and DuQuoin State Fair Grounds and the
20 structures and facilities thereon and the construction of
21 permanent improvements on such Fair Grounds, including
22 such structures, facilities and property located on such
23 State Fair Grounds which are under the custody and
24 control of the Department of Agriculture;
25 (9) for the expenses of the Department of
26 Agriculture under Section 5-530 6.01a of "the Departments
27 of State Government Law (20 ILCS 5/5-530) Civil
28 Administrative Code of Illinois", as amended;
29 (10) for the expenses of the Department of Commerce
30 and Community Affairs under Sections 35-620, 35-625, and
31 35-630 of the Department of Commerce and Community
32 Affairs Law (20 ILCS 605/35-620, 605/35-625, and
33 605/35-630) 6.18a, 46.24, 46.25 and 46.26 of "the Civil
34 Administrative Code of Illinois", as amended;
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1 (11) for remodeling, expanding, and reconstructing
2 facilities destroyed by fire of any Fair and Exposition
3 Authority in counties with a population of 1,000,000 or
4 more inhabitants;
5 (12) for the purpose of assisting in the care and
6 general rehabilitation of disabled veterans of any war
7 and their surviving spouses and orphans;
8 (13) for expenses of the Department of State Police
9 for duties performed under this Act;
10 (14) for the Department of Agriculture for soil
11 surveys and soil and water conservation purposes;
12 (15) for the Department of Agriculture for grants
13 to the City of Chicago for conducting the Chicagofest.
14 (k) To the extent that monies paid by the Board to the
15 Agricultural Premium Fund are in the opinion of the Governor
16 in excess of the amount necessary for the purposes herein
17 stated, the Governor shall notify the Comptroller and the
18 State Treasurer of such fact, who, upon receipt of such
19 notification, shall transfer such excess monies from the
20 Agricultural Premium Fund to the General Revenue Fund.
21 (Source: P.A. 89-16, eff. 5-30-95.)
22 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
23 Sec. 31. (a) The General Assembly declares that it is
24 the policy of this State to encourage the breeding of
25 standardbred horses in this State and the ownership of such
26 horses by residents of this State in order to provide for:
27 sufficient numbers of high quality standardbred horses to
28 participate in harness racing meetings in this State, and to
29 establish and preserve the agricultural and commercial
30 benefits of such breeding and racing industries to the State
31 of Illinois. It is the intent of the General Assembly to
32 further this policy by the provisions of this Section of this
33 Act.
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1 (b) Each organization licensee conducting a harness
2 racing meeting pursuant to this Act shall provide for at
3 least two races each race program limited to Illinois
4 conceived and foaled horses. A minimum of 6 races shall be
5 conducted each week limited to Illinois conceived and foaled
6 horses. No horses shall be permitted to start in such races
7 unless duly registered under the rules of the Department of
8 Agriculture.
9 (c) Conditions of races under subsection (b) shall be
10 commensurate with past performance, quality and class of
11 Illinois conceived and foaled horses available. If, however,
12 sufficient competition cannot be had among horses of that
13 class on any day, the races may, with consent of the Board,
14 be eliminated for that day and substitute races provided.
15 (d) There is hereby created a special fund of the State
16 Treasury to be known as the Illinois Standardbred Breeders
17 Fund.
18 During the calendar year 1981, and each year thereafter,
19 except as provided in subsection (g) of Section 27 of this
20 Act, eight and one-half per cent of all the monies received
21 by the State as privilege taxes on harness racing meetings
22 shall be paid into the Illinois Standardbred Breeders Fund.
23 (e) The Illinois Standardbred Breeders Fund shall be
24 administered by the Department of Agriculture with the
25 assistance and advice of the Advisory Board created in
26 subsection (f) of this Section.
27 (f) The Illinois Standardbred Breeders Fund Advisory
28 Board is hereby created. The Advisory Board shall consist of
29 the Director of the Department of Agriculture, who shall
30 serve as Chairman; the Superintendent of the Illinois State
31 Fair; a member of the Illinois Racing Board, designated by
32 it; a representative of the Illinois Standardbred Owners and
33 Breeders Association, recommended by it; a representative of
34 the Illinois Association of Agricultural Fairs, recommended
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1 by it, such representative to be from a fair at which
2 Illinois conceived and foaled racing is conducted; a
3 representative of the organization licensees conducting
4 harness racing meetings, recommended by them and a
5 representative of the Illinois Harness Horsemen's
6 Association, recommended by it. Advisory Board members shall
7 serve for 2 years commencing January 1, of each odd numbered
8 year. If representatives of the Illinois Standardbred Owners
9 and Breeders Associations, the Illinois Association of
10 Agricultural Fairs, the Illinois Harness Horsemen's
11 Association, and the organization licensees conducting
12 harness racing meetings have not been recommended by January
13 1, of each odd numbered year, the Director of the Department
14 of Agriculture shall make an appointment for the organization
15 failing to so recommend a member of the Advisory Board.
16 Advisory Board members shall receive no compensation for
17 their services as members but shall be reimbursed for all
18 actual and necessary expenses and disbursements incurred in
19 the execution of their official duties.
20 (g) No monies shall be expended from the Illinois
21 Standardbred Breeders Fund except as appropriated by the
22 General Assembly. Monies appropriated from the Illinois
23 Standardbred Breeders Fund shall be expended by the
24 Department of Agriculture, with the assistance and advice of
25 the Illinois Standardbred Breeders Fund Advisory Board for
26 the following purposes only:
27 1. To provide purses for races limited to Illinois
28 conceived and foaled horses at the State Fair.
29 2. To provide purses for races limited to Illinois
30 conceived and foaled horses at county fairs.
31 3. To provide purse supplements for races limited
32 to Illinois conceived and foaled horses conducted by
33 associations conducting harness racing meetings.
34 4. No less than 75% of all monies in the Illinois
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1 Standardbred Breeders Fund shall be expended for purses
2 in 1, 2 and 3 as shown above.
3 5. In the discretion of the Department of
4 Agriculture to provide awards to harness breeders of
5 Illinois conceived and foaled horses which win races
6 conducted by organization licensees conducting harness
7 racing meetings. A breeder is the owner of a mare at the
8 time of conception. No more than 10% of all monies
9 appropriated from the Illinois Standardbred Breeders Fund
10 shall be expended for such harness breeders awards. No
11 more than 25% of the amount expended for harness breeders
12 awards shall be expended for expenses incurred in the
13 administration of such harness breeders awards.
14 6. To pay for the improvement of racing facilities
15 located at the State Fair and County fairs;
16 7. To pay the expenses incurred in the
17 administration of the Illinois Standardbred Breeders
18 Fund;
19 8. To promote the sport of harness racing.
20 (h) Whenever the Governor finds that the amount in the
21 Illinois Standardbred Breeders Fund is more than the total of
22 the outstanding appropriations from such fund, the Governor
23 shall notify the State Comptroller and the State Treasurer of
24 such fact. The Comptroller and the State Treasurer, upon
25 receipt of such notification, shall transfer such excess
26 amount from the Illinois Standardbred Breeders Fund to the
27 General Revenue Fund.
28 (i) A sum equal to 12 1/2% of the first prize money of
29 every purse won by an Illinois conceived and foaled horse
30 shall be paid by the organization licensee conducting the
31 horse race meeting to the breeder of such winning horse from
32 the organization licensee's share of the money wagered. Such
33 payment shall not reduce any award to the owner of the horse
34 or reduce the taxes payable under this Act. Such payment
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1 shall be delivered by the organization licensee at the end of
2 each race meeting.
3 (j) The Department of Agriculture shall, by rule, with
4 the assistance and advice of the Illinois Standardbred
5 Breeders Fund Advisory Board:
6 1. Qualify stallions for Illinois Standardbred Breeders
7 Fund breeding; such stallion shall be owned by a resident of
8 the State of Illinois or by an Illinois corporation all of
9 whose shareholders, directors, officers and incorporators are
10 residents of the State of Illinois. Such stallion shall
11 stand for service at and within the State of Illinois at the
12 time of a foal's conception, and such stallion must not stand
13 for service at any place, nor may semen from such stallion be
14 transported, outside the State of Illinois during that
15 calendar year in which the foal is conceived and that the
16 owner of the stallion was for the 12 months prior, a resident
17 of Illinois. The articles of agreement of any partnership,
18 joint venture, limited partnership, syndicate, association or
19 corporation and any bylaws and stock certificates must
20 contain a restriction that provides that the ownership or
21 transfer of interest by any one of the persons a party to the
22 agreement can only be made to a person who qualifies as an
23 Illinois resident.
24 2. Provide for the registration of Illinois conceived
25 and foaled horses and no such horse shall compete in the
26 races limited to Illinois conceived and foaled horses unless
27 registered with the Department of Agriculture. The
28 Department of Agriculture may prescribe such forms as may be
29 necessary to determine the eligibility of such horses. No
30 person shall knowingly prepare or cause preparation of an
31 application for registration of such foals containing false
32 information. A mare (dam) must be in the state at least 30
33 days prior to foaling or remain in the State at least 30 days
34 at the time of foaling. Beginning with the 1996 breeding
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1 season and for foals of 1997 and thereafter, a foal conceived
2 by transported fresh semen may be eligible for Illinois
3 conceived and foaled registration provided all breeding and
4 foaling requirements are met. The stallion must be qualified
5 for Illinois Standardbred Breeders Fund breeding at the time
6 of conception and the mare must be inseminated within the
7 State of Illinois. The foal must be dropped in Illinois and
8 properly registered with the Department of Agriculture in
9 accordance with this Act.
10 3. Provide that at least a 5 day racing program shall be
11 conducted at the State Fair each year, which program shall
12 include at least the following races limited to Illinois
13 conceived and foaled horses: (a) a two year old Trot and
14 Pace, and Filly Division of each; (b) a three year old Trot
15 and Pace, and Filly Division of each; (c) an aged Trot and
16 Pace, and Mare Division of each.
17 4. Provide for the payment of nominating, sustaining and
18 starting fees for races promoting the sport of harness racing
19 and for the races to be conducted at the State Fair as
20 provided in subsection (j) 3 of this Section provided that
21 the nominating, sustaining and starting payment required from
22 an entrant shall not exceed 2% of the purse of such race.
23 All nominating, sustaining and starting payments shall be
24 held for the benefit of entrants and shall be paid out as
25 part of the respective purses for such races. Nominating,
26 sustaining and starting fees shall be held in trust accounts
27 for the purposes as set forth in this Act and in accordance
28 with Section 15-15 40.7 of "the Department of Agriculture Law
29 (20 ILCS 205/15-15) Civil Administrative Code of Illinois".
30 5. Provide for the registration with the Department of
31 Agriculture of Colt Associations or county fairs desiring to
32 sponsor races at county fairs.
33 (k) The Department of Agriculture, with the advice and
34 assistance of the Illinois Standardbred Breeders Fund
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1 Advisory Board, may allocate monies for purse supplements for
2 such races. In determining whether to allocate money and the
3 amount, the Department of Agriculture shall consider factors,
4 including but not limited to, the amount of money
5 appropriated for the Illinois Standardbred Breeders Fund
6 program, the number of races that may occur, and an
7 organizational licensee's purse structure. The
8 organizational licensee shall notify the Department of
9 Agriculture of the conditions and minimum purses for races
10 limited to Illinois conceived and foaled horses to be
11 conducted by each organizational licensee conducting a
12 harness racing meeting for which purse supplements have been
13 negotiated.
14 (l) All races held at county fairs and the State Fair
15 which receive funds from the Illinois Standardbred Breeders
16 Fund shall be conducted in accordance with the rules of the
17 United States Trotting Association unless otherwise modified
18 by the Department of Agriculture.
19 (m) At all standardbred race meetings held or conducted
20 under authority of a license granted by the Board, and at all
21 standardbred races held at county fairs which are approved by
22 the Department of Agriculture or at the Illinois or DuQuoin
23 State Fairs, no one shall jog, train, warm up or drive a
24 standardbred horse unless he or she is wearing a protective
25 safety helmet, with the chin strap fastened and in place,
26 which meets the standards and requirements as set forth in
27 the 1984 Standard for Protective Headgear for Use in Harness
28 Racing and Other Equestrian Sports published by the Snell
29 Memorial Foundation, or any standards and requirements for
30 headgear the Illinois Racing Board may approve. Any other
31 standards and requirements so approved by the Board shall
32 equal or exceed those published by the Snell Memorial
33 Foundation. Any equestrian helmet bearing the Snell label
34 shall be deemed to have met those standards and requirements.
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1 (Source: P.A. 89-16, eff. 5-30-95.)
2 Section 5-455. The Riverboat Gambling Act is amended by
3 changing Sections 5 and 22 as follows:
4 (230 ILCS 10/5) (from Ch. 120, par. 2405)
5 Sec. 5. Gaming Board.
6 (a) (1) There is hereby established within the
7 Department of Revenue an Illinois Gaming Board which shall
8 have the powers and duties specified in this Act, and all
9 other powers necessary and proper to fully and effectively
10 execute this Act for the purpose of administering,
11 regulating, and enforcing the system of riverboat gambling
12 established by this Act. Its jurisdiction shall extend under
13 this Act to every person, association, corporation,
14 partnership and trust involved in riverboat gambling
15 operations in the State of Illinois.
16 (2) The Board shall consist of 5 members to be appointed
17 by the Governor with the advice and consent of the Senate,
18 one of whom shall be designated by the Governor to be
19 chairman. Each member shall have a reasonable knowledge of
20 the practice, procedure and principles of gambling
21 operations. Each member shall either be a resident of
22 Illinois or shall certify that he will become a resident of
23 Illinois before taking office. At least one member shall be
24 experienced in law enforcement and criminal investigation, at
25 least one member shall be a certified public accountant
26 experienced in accounting and auditing, and at least one
27 member shall be a lawyer licensed to practice law in
28 Illinois.
29 (3) The terms of office of the Board members shall be 3
30 years, except that the terms of office of the initial Board
31 members appointed pursuant to this Act will commence from the
32 effective date of this Act and run as follows: one for a
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1 term ending July 1, 1991, 2 for a term ending July 1, 1992,
2 and 2 for a term ending July 1, 1993. Upon the expiration of
3 the foregoing terms, the successors of such members shall
4 serve a term for 3 years and until their successors are
5 appointed and qualified for like terms. Vacancies in the
6 Board shall be filled for the unexpired term in like manner
7 as original appointments. Each member of the Board shall be
8 eligible for reappointment at the discretion of the Governor
9 with the advice and consent of the Senate.
10 (4) Each member of the Board shall receive $300 for each
11 day the Board meets and for each day the member conducts any
12 hearing pursuant to this Act. Each member of the Board shall
13 also be reimbursed for all actual and necessary expenses and
14 disbursements incurred in the execution of official duties.
15 (5) No person shall be appointed a member of the Board
16 or continue to be a member of the Board who is, or whose
17 spouse, child or parent is, a member of the board of
18 directors of, or a person financially interested in, any
19 gambling operation subject to the jurisdiction of this Board,
20 or any race track, race meeting, racing association or the
21 operations thereof subject to the jurisdiction of the
22 Illinois Racing Board. No Board member shall hold any other
23 public office for which he shall receive compensation other
24 than necessary travel or other incidental expenses. No
25 person shall be a member of the Board who is not of good
26 moral character or who has been convicted of, or is under
27 indictment for, a felony under the laws of Illinois or any
28 other state, or the United States.
29 (6) Any member of the Board may be removed by the
30 Governor for neglect of duty, misfeasance, malfeasance, or
31 nonfeasance in office.
32 (7) Before entering upon the discharge of the duties of
33 his office, each member of the Board shall take an oath that
34 he will faithfully execute the duties of his office according
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1 to the laws of the State and the rules and regulations
2 adopted therewith and shall give bond to the State of
3 Illinois, approved by the Governor, in the sum of $25,000.
4 Every such bond, when duly executed and approved, shall be
5 recorded in the office of the Secretary of State. Whenever
6 the Governor determines that the bond of any member of the
7 Board has become or is likely to become invalid or
8 insufficient, he shall require such member forthwith to renew
9 his bond, which is to be approved by the Governor. Any
10 member of the Board who fails to take oath and give bond
11 within 30 days from the date of his appointment, or who fails
12 to renew his bond within 30 days after it is demanded by the
13 Governor, shall be guilty of neglect of duty and may be
14 removed by the Governor. The cost of any bond given by any
15 member of the Board under this Section shall be taken to be a
16 part of the necessary expenses of the Board.
17 (8) Upon the request of the Board, the Department shall
18 employ such personnel as may be necessary to carry out the
19 functions of the Board. No person shall be employed to serve
20 the Board who is, or whose spouse, parent or child is, an
21 official of, or has a financial interest in or financial
22 relation with, any operator engaged in gambling operations
23 within this State or any organization engaged in conducting
24 horse racing within this State. Any employee violating these
25 prohibitions shall be subject to termination of employment.
26 (9) An Administrator shall perform any and all duties
27 that the Board shall assign him. The salary of the
28 Administrator shall be determined by the Board and approved
29 by the Director of the Department and, in addition, he shall
30 be reimbursed for all actual and necessary expenses incurred
31 by him in discharge of his official duties. The
32 Administrator shall keep records of all proceedings of the
33 Board and shall preserve all records, books, documents and
34 other papers belonging to the Board or entrusted to its care.
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1 The Administrator shall devote his full time to the duties of
2 the office and shall not hold any other office or employment.
3 (b) The Board shall have general responsibility for the
4 implementation of this Act. Its duties include, without
5 limitation, the following:
6 (1) To decide promptly and in reasonable order all
7 license applications. Any party aggrieved by an action of
8 the Board denying, suspending, revoking, restricting or
9 refusing to renew a license may request a hearing before
10 the Board. A request for a hearing must be made to the
11 Board in writing within 5 days after service of notice of
12 the action of the Board. Notice of the action of the
13 Board shall be served either by personal delivery or by
14 certified mail, postage prepaid, to the aggrieved party.
15 Notice served by certified mail shall be deemed complete
16 on the business day following the date of such mailing.
17 The Board shall conduct all requested hearings promptly
18 and in reasonable order;
19 (2) To conduct all hearings pertaining to civil
20 violations of this Act or rules and regulations
21 promulgated hereunder;
22 (3) To promulgate such rules and regulations as in
23 its judgment may be necessary to protect or enhance the
24 credibility and integrity of gambling operations
25 authorized by this Act and the regulatory process
26 hereunder;
27 (4) To provide for the establishment and collection
28 of all license and registration fees and taxes imposed by
29 this Act and the rules and regulations issued pursuant
30 hereto. All such fees and taxes shall be deposited into
31 the State Gaming Fund;
32 (5) To provide for the levy and collection of
33 penalties and fines for the violation of provisions of
34 this Act and the rules and regulations promulgated
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1 hereunder. All such fines and penalties shall be
2 deposited into the Education Assistance Fund, created by
3 Public Act 86-0018, of the State of Illinois;
4 (6) To be present through its inspectors and agents
5 any time gambling operations are conducted on any
6 riverboat for the purpose of certifying the revenue
7 thereof, receiving complaints from the public, and
8 conducting such other investigations into the conduct of
9 the gambling games and the maintenance of the equipment
10 as from time to time the Board may deem necessary and
11 proper;
12 (7) To review and rule upon any complaint by a
13 licensee regarding any investigative procedures of the
14 State which are unnecessarily disruptive of gambling
15 operations. The need to inspect and investigate shall be
16 presumed at all times. The disruption of a licensee's
17 operations shall be proved by clear and convincing
18 evidence, and establish that: (A) the procedures had no
19 reasonable law enforcement purposes, and (B) the
20 procedures were so disruptive as to unreasonably inhibit
21 gambling operations;
22 (8) To hold at least one meeting each quarter of
23 the fiscal year. In addition, special meetings may be
24 called by the Chairman or any 2 Board members upon 72
25 hours written notice to each member. All Board meetings
26 shall be subject to the Open Meetings Act. Three members
27 of the Board shall constitute a quorum, and 3 votes shall
28 be required for any final determination by the Board.
29 The Board shall keep a complete and accurate record of
30 all its meetings. A majority of the members of the Board
31 shall constitute a quorum for the transaction of any
32 business, for the performance of any duty, or for the
33 exercise of any power which this Act requires the Board
34 members to transact, perform or exercise en banc, except
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1 that, upon order of the Board, one of the Board members
2 or an administrative law judge designated by the Board
3 may conduct any hearing provided for under this Act or by
4 Board rule and may recommend findings and decisions to
5 the Board. The Board member or administrative law judge
6 conducting such hearing shall have all powers and rights
7 granted to the Board in this Act. The record made at the
8 time of the hearing shall be reviewed by the Board, or a
9 majority thereof, and the findings and decision of the
10 majority of the Board shall constitute the order of the
11 Board in such case;
12 (9) To maintain records which are separate and
13 distinct from the records of any other State board or
14 commission. Such records shall be available for public
15 inspection and shall accurately reflect all Board
16 proceedings;
17 (10) To file a written annual report with the
18 Governor on or before March 1 each year and such
19 additional reports as the Governor may request. The
20 annual report shall include a statement of receipts and
21 disbursements by the Board, actions taken by the Board,
22 and any additional information and recommendations which
23 the Board may deem valuable or which the Governor may
24 request;
25 (11) To review the patterns of wagering and wins
26 and losses by persons on riverboat gambling operations
27 under this Act, and make recommendation to the Governor
28 and the General Assembly, by January 31, 1992, as to
29 whether limits on wagering losses should be imposed; and
30 (12) To assume responsibility for the
31 administration and enforcement of the Bingo License and
32 Tax Act, the Charitable Games Act, and the Pull Tabs and
33 Jar Games Act if such responsibility is delegated to it
34 by the Director of Revenue.
-630- LRB9009239DJcd
1 (c) The Board shall have jurisdiction over and shall
2 supervise all gambling operations governed by this Act. The
3 Board shall have all powers necessary and proper to fully and
4 effectively execute the provisions of this Act, including,
5 but not limited to, the following:
6 (1) To investigate applicants and determine the
7 eligibility of applicants for licenses and to select
8 among competing applicants the applicants which best
9 serve the interests of the citizens of Illinois.
10 (2) To have jurisdiction and supervision over all
11 riverboat gambling operations in this State and all
12 persons on riverboats where gambling operations are
13 conducted.
14 (3) To promulgate rules and regulations for the
15 purpose of administering the provisions of this Act and
16 to prescribe rules, regulations and conditions under
17 which all riverboat gambling in the State shall be
18 conducted. Such rules and regulations are to provide for
19 the prevention of practices detrimental to the public
20 interest and for the best interests of riverboat
21 gambling, including rules and regulations regarding the
22 inspection of such riverboats and the review of any
23 permits or licenses necessary to operate a riverboat
24 under any laws or regulations applicable to riverboats,
25 and to impose penalties for violations thereof.
26 (4) To enter the office, riverboats, facilities, or
27 other places of business of a licensee, where evidence of
28 the compliance or noncompliance with the provisions of
29 this Act is likely to be found.
30 (5) To investigate alleged violations of this Act
31 or the rules of the Board and to take appropriate
32 disciplinary action against a licensee or a holder of an
33 occupational license for a violation, or institute
34 appropriate legal action for enforcement, or both.
-631- LRB9009239DJcd
1 (6) To adopt standards for the licensing of all
2 persons under this Act, as well as for electronic or
3 mechanical gambling games, and to establish fees for such
4 licenses.
5 (7) To adopt appropriate standards for all
6 riverboats and facilities.
7 (8) To require that the records, including
8 financial or other statements of any licensee under this
9 Act, shall be kept in such manner as prescribed by the
10 Board and that any such licensee involved in the
11 ownership or management of gambling operations submit to
12 the Board an annual balance sheet and profit and loss
13 statement, list of the stockholders or other persons
14 having a 1% or greater beneficial interest in the
15 gambling activities of each licensee, and any other
16 information the Board deems necessary in order to
17 effectively administer this Act and all rules,
18 regulations, orders and final decisions promulgated under
19 this Act.
20 (9) To conduct hearings, issue subpoenas for the
21 attendance of witnesses and subpoenas duces tecum for the
22 production of books, records and other pertinent
23 documents in accordance with the Illinois Administrative
24 Procedure Act, and to administer oaths and affirmations
25 to the witnesses, when, in the judgment of the Board, it
26 is necessary to administer or enforce this Act or the
27 Board rules.
28 (10) To prescribe a form to be used by any licensee
29 involved in the ownership or management of gambling
30 operations as an application for employment for their
31 employees.
32 (11) To revoke or suspend licenses, as the Board
33 may see fit and in compliance with applicable laws of the
34 State regarding administrative procedures, and to review
-632- LRB9009239DJcd
1 applications for the renewal of licenses. The Board may
2 suspend an owners license, without notice or hearing upon
3 a determination that the safety or health of patrons or
4 employees is jeopardized by continuing a riverboat's
5 operation. The suspension may remain in effect until the
6 Board determines that the cause for suspension has been
7 abated. The Board may revoke the owners license upon a
8 determination that the owner has not made satisfactory
9 progress toward abating the hazard.
10 (12) To eject or exclude or authorize the ejection
11 or exclusion of, any person from riverboat gambling
12 facilities where such person is in violation of this Act,
13 rules and regulations thereunder, or final orders of the
14 Board, or where such person's conduct or reputation is
15 such that his presence within the riverboat gambling
16 facilities may, in the opinion of the Board, call into
17 question the honesty and integrity of the gambling
18 operations or interfere with orderly conduct thereof;
19 provided that the propriety of such ejection or exclusion
20 is subject to subsequent hearing by the Board.
21 (13) To require all licensees of gambling
22 operations to utilize a cashless wagering system whereby
23 all players' money is converted to tokens, electronic
24 cards, or chips which shall be used only for wagering in
25 the gambling establishment.
26 (14) To authorize the routes of a riverboat and the
27 stops which a riverboat may make.
28 (15) To suspend, revoke or restrict licenses, to
29 require the removal of a licensee or an employee of a
30 licensee for a violation of this Act or a Board rule or
31 for engaging in a fraudulent practice, and to impose
32 civil penalties of up to $5,000 against individuals and
33 up to $10,000 or an amount equal to the daily gross
34 receipts, whichever is larger, against licensees for each
-633- LRB9009239DJcd
1 violation of any provision of the Act, any rules adopted
2 by the Board, any order of the Board or any other action
3 which, in the Board's discretion, is a detriment or
4 impediment to riverboat gambling operations.
5 (16) To hire employees to gather information,
6 conduct investigations and carry out any other tasks
7 contemplated under this Act.
8 (17) To establish minimum levels of insurance to be
9 maintained by licensees.
10 (18) To authorize a licensee to sell or serve
11 alcoholic liquors, wine or beer as defined in the Liquor
12 Control Act of 1934 on board a riverboat and to have
13 exclusive authority to establish the hours for sale and
14 consumption of alcoholic liquor on board a riverboat,
15 notwithstanding any provision of the Liquor Control Act
16 of 1934 or any local ordinance. The establishment of the
17 hours for sale and consumption of alcoholic liquor on
18 board a riverboat is an exclusive power and function of
19 the State. A home rule unit may not establish the hours
20 for sale and consumption of alcoholic liquor on board a
21 riverboat. This amendatory Act of 1991 is a denial and
22 limitation of home rule powers and functions under
23 subsection (h) of Section 6 of Article VII of the
24 Illinois Constitution.
25 (19) After consultation with the U.S. Army Corps of
26 Engineers, to establish binding emergency orders upon the
27 concurrence of a majority of the members of the Board
28 regarding the navigability of rivers in the event of
29 extreme weather conditions, acts of God or other extreme
30 circumstances.
31 (20) To delegate the execution of any of its powers
32 under this Act for the purpose of administering and
33 enforcing this Act and its rules and regulations
34 hereunder.
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1 (21) To take any other action as may be reasonable
2 or appropriate to enforce this Act and rules and
3 regulations hereunder.
4 (d) The Board may seek and shall receive the cooperation
5 of the Department of State Police in conducting background
6 investigations of applicants and in fulfilling its
7 responsibilities under this Section. Costs incurred by the
8 Department of State Police as a result of such cooperation
9 shall be paid by the Board in conformance with the
10 requirements of subsection 22 of Section 100-400 55a of the
11 Department of State Police Law (20 ILCS 2605/100-400) Civil
12 Administrative Code of Illinois.
13 (Source: P.A. 86-1029; 86-1389; 87-826.)
14 (230 ILCS 10/22) (from Ch. 120, par. 2422)
15 Sec. 22. Criminal history record information. Whenever
16 the Board is authorized or required by law to consider some
17 aspect of criminal history record information for the purpose
18 of carrying out its statutory powers and responsibilities,
19 the Board shall, in the form and manner required by the
20 Department of State Police and the Federal Bureau of
21 Investigation, cause to be conducted a criminal history
22 record investigation to obtain any information currently or
23 thereafter contained in the files of the Department of State
24 Police or the Federal Bureau of Investigation. The
25 Department of State Police shall provide, on the Board's
26 request, information concerning any criminal charges, and
27 their disposition, currently or thereafter filed against an
28 applicant for or holder of an occupational license.
29 Information obtained as a result of an investigation under
30 this Section shall be used in determining eligibility for an
31 occupational license under Section 9. Upon request and
32 payment of fees in conformance with the requirements of
33 subsection 22 of Section 100-400 55a of the Department of
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1 State Police Law (20 ILCS 2605/100-400) Civil Administrative
2 Code of Illinois, the Department of State Police is
3 authorized to furnish, pursuant to positive identification,
4 such information contained in State files as is necessary to
5 fulfill the request.
6 (Source: P.A. 88-368.)
7 Section 5-460. The Liquor Control Act of 1934 is amended
8 by changing Sections 6-15 and 10-1 as follows:
9 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
10 Sec. 6-15. No alcoholic liquors shall be sold or
11 delivered in any building belonging to or under the control
12 of the State or any political subdivision thereof except as
13 provided in this Act. The corporate authorities of any city,
14 village, incorporated town or township may provide by
15 ordinance, however, that alcoholic liquor may be sold or
16 delivered in any specifically designated building belonging
17 to or under the control of the municipality or township, or
18 in any building located on land under the control of the
19 municipality; provided that such township complies with all
20 applicable local ordinances in any incorporated area of the
21 township. Alcoholic liquors may be delivered to and sold at
22 any airport belonging to or under the control of a
23 municipality of more than 25,000 inhabitants, or in any
24 building owned by a park district organized under the Park
25 District Code, subject to the approval of the governing board
26 of the district, or in any building or on any golf course
27 owned by a forest preserve district organized under the
28 Downstate Forest Preserve District Act, subject to the
29 approval of the governing board of the district, or in
30 Bicentennial Park, or on the premises of the City of Mendota
31 Lake Park located adjacent to Route 51 in Mendota, Illinois,
32 or on the premises of Camden Park in Milan, Illinois, or in
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1 the community center owned by the City of Loves Park that is
2 located at 1000 River Park Drive in Loves Park, Illinois, or,
3 in connection with the operation of an established food
4 serving facility during times when food is dispensed for
5 consumption on the premises, and at the following aquarium
6 and museums located in public parks: Art Institute of
7 Chicago, Chicago Academy of Sciences, Chicago Historical
8 Society, Field Museum of Natural History, Museum of Science
9 and Industry, DuSable Museum of African American History,
10 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
11 Museum of Arts and Sciences in Peoria, or in connection with
12 the operation of the facilities of the Chicago Zoological
13 Society or the Chicago Horticultural Society on land owned by
14 the Forest Preserve District of Cook County, or in any
15 building located on land owned by the Chicago Park District
16 if approved by the Park District Commissioners, or on any
17 land used for a golf course or for recreational purposes and
18 owned by the Illinois International Port District if approved
19 by the District's governing board, or at any airport, golf
20 course, faculty center, or facility in which conference and
21 convention type activities take place belonging to or under
22 control of any State university or public community college
23 district, provided that with respect to a facility for
24 conference and convention type activities alcoholic liquors
25 shall be limited to the use of the convention or conference
26 participants or participants in cultural, political or
27 educational activities held in such facilities, and provided
28 further that the faculty or staff of the State university or
29 a public community college district, or members of an
30 organization of students, alumni, faculty or staff of the
31 State university or a public community college district are
32 active participants in the conference or convention, or by a
33 catering establishment which has rented facilities from a
34 board of trustees of a public community college district, or,
-637- LRB9009239DJcd
1 if approved by the District board, on land owned by the
2 Metropolitan Sanitary District of Greater Chicago and leased
3 to others for a term of at least 20 years. Nothing in this
4 Section precludes the sale or delivery of alcoholic liquor in
5 the form of original packaged goods in premises located at
6 500 S. Racine in Chicago belonging to the University of
7 Illinois and used primarily as a grocery store by a
8 commercial tenant during the term of a lease that predates
9 the University's acquisition of the premises; but the
10 University shall have no power or authority to renew,
11 transfer, or extend the lease with terms allowing the sale of
12 alcoholic liquor; and the sale of alcoholic liquor shall be
13 subject to all local laws and regulations. After the
14 acquisition by Winnebago County of the property located at
15 404 Elm Street in Rockford, a commercial tenant who sold
16 alcoholic liquor at retail on a portion of the property under
17 a valid license at the time of the acquisition may continue
18 to do so for so long as the tenant and the County may agree
19 under existing or future leases, subject to all local laws
20 and regulations regarding the sale of alcoholic liquor. Each
21 facility shall provide dram shop liability in maximum
22 insurance coverage limits so as to save harmless the State,
23 municipality, State university, airport, golf course, faculty
24 center, facility in which conference and convention type
25 activities take place, park district, Forest Preserve
26 District, public community college district, aquarium,
27 museum, or sanitary district from all financial loss, damage
28 or harm. Alcoholic liquors may be sold at retail in buildings
29 of golf courses owned by municipalities in connection with
30 the operation of an established food serving facility during
31 times when food is dispensed for consumption upon the
32 premises. Alcoholic liquors may be delivered to and sold at
33 retail in any building owned by a fire protection district
34 organized under the Fire Protection District Act, provided
-638- LRB9009239DJcd
1 that such delivery and sale is approved by the board of
2 trustees of the district, and provided further that such
3 delivery and sale is limited to fundraising events and to a
4 maximum of 6 events per year.
5 Alcoholic liquor may be delivered to and sold at retail
6 in the Dorchester Senior Business Center owned by the Village
7 of Dolton if the alcoholic liquor is sold or dispensed only
8 in connection with organized functions for which the planned
9 attendance is 20 or more persons, and if the person or
10 facility selling or dispensing the alcoholic liquor has
11 provided dram shop liability insurance in maximum limits so
12 as to hold harmless the Village of Dolton and the State from
13 all financial loss, damage and harm.
14 Alcoholic liquors may be delivered to and sold at retail
15 in any building used as an Illinois State Armory provided:
16 (i) the Adjutant General's written consent to the
17 issuance of a license to sell alcoholic liquor in such
18 building is filed with the Commission;
19 (ii) the alcoholic liquor is sold or dispensed only
20 in connection with organized functions held on special
21 occasions;
22 (iii) the organized function is one for which the
23 planned attendance is 25 or more persons; and
24 (iv) the facility selling or dispensing the
25 alcoholic liquors has provided dram shop liability
26 insurance in maximum limits so as to save harmless the
27 facility and the State from all financial loss, damage or
28 harm.
29 Alcoholic liquors may be delivered to and sold at retail
30 in the Chicago Civic Center, provided that:
31 (i) the written consent of the Public Building
32 Commission which administers the Chicago Civic Center is
33 filed with the Commission;
34 (ii) the alcoholic liquor is sold or dispensed only
-639- LRB9009239DJcd
1 in connection with organized functions held on special
2 occasions;
3 (iii) the organized function is one for which the
4 planned attendance is 25 or more persons;
5 (iv) the facility selling or dispensing the
6 alcoholic liquors has provided dram shop liability
7 insurance in maximum limits so as to hold harmless the
8 Civic Center, the City of Chicago and the State from all
9 financial loss, damage or harm; and
10 (v) all applicable local ordinances are complied
11 with.
12 Alcoholic liquors may be delivered or sold in any
13 building belonging to or under the control of any city,
14 village or incorporated town where more than 75% of the
15 physical properties of the building is used for commercial or
16 recreational purposes, and the building is located upon a
17 pier extending into or over the waters of a navigable lake or
18 stream or on the shore of a navigable lake or stream.
19 Alcoholic liquor may be sold in buildings under the control
20 of the Department of Natural Resources when written consent
21 to the issuance of a license to sell alcoholic liquor in such
22 buildings is filed with the Commission by the Department of
23 Natural Resources. Notwithstanding any other provision of
24 this Act, alcoholic liquor sold by a United States Army Corps
25 of Engineers or Department of Natural Resources
26 concessionaire who was operating on June 1, 1991 for
27 on-premises consumption only is not subject to the provisions
28 of Articles IV and IX. Beer and wine may be sold on the
29 premises of the Joliet Park District Stadium owned by the
30 Joliet Park District when written consent to the issuance of
31 a license to sell beer and wine in such premises is filed
32 with the local liquor commissioner by the Joliet Park
33 District. Beer and wine may be sold in buildings on the
34 grounds of State veterans' homes when written consent to the
-640- LRB9009239DJcd
1 issuance of a license to sell beer and wine in such buildings
2 is filed with the Commission by the Department of Veterans'
3 Affairs, and the facility shall provide dram shop liability
4 in maximum insurance coverage limits so as to save the
5 facility harmless from all financial loss, damage or harm.
6 Such liquors may be delivered to and sold at any property
7 owned or held under lease by a Metropolitan Pier and
8 Exposition Authority or Metropolitan Exposition and
9 Auditorium Authority.
10 Beer and wine may be sold and dispensed at professional
11 sporting events and at professional concerts and other
12 entertainment events conducted on premises owned by the
13 Forest Preserve District of Kane County, subject to the
14 control of the District Commissioners and applicable local
15 law, provided that dram shop liability insurance is provided
16 at maximum coverage limits so as to hold the District
17 harmless from all financial loss, damage and harm.
18 Nothing in this Section shall preclude the sale or
19 delivery of beer and wine at a State or county fair or the
20 sale or delivery of beer or wine at a city fair in any
21 otherwise lawful manner.
22 Alcoholic liquors may be sold at retail in buildings in
23 State parks under the control of the Department of Natural
24 Resources, provided:
25 a. the State park has overnight lodging facilities
26 with some restaurant facilities or, not having overnight
27 lodging facilities, has restaurant facilities which serve
28 complete luncheon and dinner or supper meals,
29 b. consent to the issuance of a license to sell
30 alcoholic liquors in the buildings has been filed with
31 the commission by the Department of Natural Resources,
32 and
33 c. the alcoholic liquors are sold by the State park
34 lodge or restaurant concessionaire only during the hours
-641- LRB9009239DJcd
1 from 11 o'clock a.m. until 12 o'clock midnight.
2 Notwithstanding any other provision of this Act,
3 alcoholic liquor sold by the State park or restaurant
4 concessionaire is not subject to the provisions of
5 Articles IV and IX.
6 Alcoholic liquors may be sold at retail in buildings on
7 properties under the control of the Historic Preservation
8 Agency provided:
9 a. the property has overnight lodging facilities
10 with some restaurant facilities or, not having overnight
11 lodging facilities, has restaurant facilities which serve
12 complete luncheon and dinner or supper meals,
13 b. consent to the issuance of a license to sell
14 alcoholic liquors in the buildings has been filed with
15 the commission by the Historic Preservation Agency, and
16 c. the alcoholic liquors are sold by the lodge or
17 restaurant concessionaire only during the hours from 11
18 o'clock a.m. until 12 o'clock midnight.
19 The sale of alcoholic liquors pursuant to this Section
20 does not authorize the establishment and operation of
21 facilities commonly called taverns, saloons, bars, cocktail
22 lounges, and the like except as a part of lodge and
23 restaurant facilities in State parks or golf courses owned by
24 Forest Preserve Districts with a population of less than
25 3,000,000 or municipalities or park districts.
26 Alcoholic liquors may be sold at retail in the
27 Springfield Administration Building of the Department of
28 Transportation and the Illinois State Armory in Springfield;
29 provided, that the controlling government authority may
30 consent to such sales only if
31 a. the request is from a not-for-profit
32 organization;
33 b. such sales would not impede normal operations of
34 the departments involved;
-642- LRB9009239DJcd
1 c. the not-for-profit organization provides dram
2 shop liability in maximum insurance coverage limits and
3 agrees to defend, save harmless and indemnify the State
4 of Illinois from all financial loss, damage or harm;
5 d. no such sale shall be made during normal working
6 hours of the State of Illinois; and
7 e. the consent is in writing.
8 Alcoholic liquors may be sold at retail in buildings in
9 recreational areas of river conservancy districts under the
10 control of, or leased from, the river conservancy districts.
11 Such sales are subject to reasonable local regulations as
12 provided in Article IV; however, no such regulations may
13 prohibit or substantially impair the sale of alcoholic
14 liquors on Sundays or Holidays.
15 Alcoholic liquors may be provided in long term care
16 facilities owned or operated by a county under Division 5-21
17 or 5-22 of the Counties Code, when approved by the facility
18 operator and not in conflict with the regulations of the
19 Illinois Department of Public Health, to residents of the
20 facility who have had their consumption of the alcoholic
21 liquors provided approved in writing by a physician licensed
22 to practice medicine in all its branches.
23 Alcoholic liquors may be delivered to and dispensed in
24 State housing assigned to employees of the Department of
25 Corrections. No person shall furnish or allow to be furnished
26 any alcoholic liquors to any prisoner confined in any jail,
27 reformatory, prison or house of correction except upon a
28 physician's prescription for medicinal purposes.
29 Alcoholic liquors may be sold at retail or dispensed at
30 the Willard Ice Building in Springfield, at the State Library
31 in Springfield, and at Illinois State Museum facilities by
32 (1) an agency of the State, whether legislative, judicial or
33 executive, provided that such agency first obtains written
34 permission to sell or dispense alcoholic liquors from the
-643- LRB9009239DJcd
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
6 manner that does not impair normal operations of State
7 offices 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
12 in 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
15 of alcoholic liquors.
16 Nothing in this Act shall prevent a not-for-profit
17 organization or agency of the State from employing the
18 services of a catering establishment for the selling or
19 dispensing of alcoholic liquors at authorized functions.
20 The controlling government authority for the Willard Ice
21 Building in Springfield shall be the Director of the
22 Department of Revenue. The controlling government authority
23 for Illinois State Museum facilities shall be the Director of
24 the Illinois State Museum. The controlling government
25 authority for the State Library in Springfield shall be the
26 Secretary of State.
27 Alcoholic liquors may be delivered to and sold at retail
28 or dispensed at any facility, property or building under the
29 jurisdiction of the Historic Preservation Agency where the
30 delivery, sale or dispensing is by (1) an agency of the
31 State, whether legislative, judicial or executive, provided
32 that such agency first obtains written permission to sell or
33 dispense alcoholic liquors from a controlling government
34 authority, or by (2) a not-for-profit organization provided
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1 that such organization:
2 a. Obtains written consent from the controlling
3 government authority;
4 b. Sells or dispenses the alcoholic liquors in a
5 manner that does not impair normal workings of State
6 offices or operations located at the facility, property
7 or building;
8 c. Sells or dispenses alcoholic liquors only in
9 connection with an official activity of the
10 not-for-profit organization in the facility, property or
11 building;
12 d. Provides, or its catering service provides, dram
13 shop liability insurance in maximum coverage limits and
14 in which the carrier agrees to defend, save harmless and
15 indemnify the State of Illinois from all financial loss,
16 damage or harm arising out of the selling or dispensing
17 of alcoholic liquors.
18 The controlling government authority for the Historic
19 Preservation Agency shall be the Director of the Historic
20 Preservation Agency.
21 Alcoholic liquors may be sold at retail or dispensed at
22 the James R. Thompson Center in Chicago and 222 South College
23 Street in Springfield, Illinois by (1) a commercial tenant or
24 subtenant conducting business on the premises under a lease
25 made pursuant to Section 25-315 67.24 of the Department of
26 Central Management Services Law (20 ILCS 405/25-315) Civil
27 Administrative Code of Illinois, provided that such tenant or
28 subtenant who sells or dispenses alcoholic liquors shall
29 procure and maintain dram shop liability insurance in maximum
30 coverage limits and in which the carrier agrees to defend,
31 indemnify and save harmless the State of Illinois from all
32 financial loss, damage or harm arising out of the sale or
33 dispensing of alcoholic liquors, or by (2) an agency of the
34 State, whether legislative, judicial or executive, provided
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1 that such agency first obtains written permission to sell or
2 dispense alcoholic liquors from the Director of Central
3 Management Services, or by (3) a not-for-profit organization,
4 provided that such organization:
5 a. Obtains written consent from the Department of
6 Central Management Services;
7 b. Sells or dispenses the alcoholic liquors in a
8 manner that does not impair normal operations of State
9 offices located in the building;
10 c. Sells or dispenses alcoholic liquors only in
11 connection with an official activity in the building;
12 d. Provides, or its catering service provides, dram
13 shop liability insurance in maximum coverage limits and
14 in which the carrier agrees to defend, save harmless and
15 indemnify the State of Illinois from all financial loss,
16 damage or harm arising out of the selling or dispensing
17 of alcoholic liquors.
18 Nothing in this Act shall prevent a not-for-profit
19 organization or agency of the State from employing the
20 services of a catering establishment for the selling or
21 dispensing of alcoholic liquors at functions authorized by
22 the Director of Central Management Services.
23 Alcoholic liquors may be sold or delivered at any
24 facility owned by the Illinois Sports Facilities Authority
25 provided that dram shop liability insurance has been made
26 available in a form, with such coverage and in such amounts
27 as the Authority reasonably determines is necessary.
28 Alcoholic liquors may be sold at retail or dispensed at
29 the Rockford State Office Building by (1) an agency of the
30 State, whether legislative, judicial or executive, provided
31 that such agency first obtains written permission to sell or
32 dispense alcoholic liquors from the Department of Central
33 Management Services, or by (2) a not-for-profit organization,
34 provided that such organization:
-646- LRB9009239DJcd
1 a. Obtains written consent from the Department of
2 Central Management Services;
3 b. Sells or dispenses the alcoholic liquors in a
4 manner that does not impair normal operations of State
5 offices located in the building;
6 c. Sells or dispenses alcoholic liquors only in
7 connection with an official activity in the building;
8 d. Provides, or its catering service provides, dram
9 shop liability insurance in maximum coverage limits and
10 in 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
13 of alcoholic liquors.
14 Nothing in this Act shall prevent a not-for-profit
15 organization or agency of the State from employing the
16 services of a catering establishment for the selling or
17 dispensing of alcoholic liquors at functions authorized by
18 the Department of Central Management Services.
19 Alcoholic liquors may be sold or delivered in a building
20 that is owned by McLean County, situated on land owned by the
21 county in the City of Bloomington, and used by the McLean
22 County Historical Society if the sale or delivery is approved
23 by an ordinance adopted by the county board, and the
24 municipality in which the building is located may not
25 prohibit that sale or delivery, notwithstanding any other
26 provision of this Section. The regulation of the sale and
27 delivery of alcoholic liquor in a building that is owned by
28 McLean County, situated on land owned by the county, and used
29 by the McLean County Historical Society as provided in this
30 paragraph is an exclusive power and function of the State and
31 is a denial and limitation under Article VII, Section 6,
32 subsection (h) of the Illinois Constitution of the power of a
33 home rule municipality to regulate that sale and delivery.
34 Alcoholic liquors may be sold or delivered in any
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1 building situated on land held in trust for any school
2 district organized under Article 34 of the School Code, if
3 the building is not used for school purposes and if the sale
4 or delivery is approved by the board of education.
5 Alcoholic liquors may be sold or delivered in buildings
6 owned by the Community Building Complex Committee of Boone
7 County, Illinois if the person or facility selling or
8 dispensing the alcoholic liquor has provided dram shop
9 liability insurance with coverage and in amounts that the
10 Committee reasonably determines are necessary.
11 Alcoholic liquors may be sold or delivered in the
12 building located at 1200 Centerville Avenue in Belleville,
13 Illinois and occupied by either the Belleville Area Special
14 Education District or the Belleville Area Special Services
15 Cooperative.
16 (Source: P.A. 89-34, eff. 6-23-95; 89-262, eff. 8-10-95;
17 89-376, eff. 8-18-95; 89-445, eff. 2-7-96; 89-502, eff.
18 6-28-96; 89-544, eff. 7-19-96; 89-626, eff. 8-9-96; 90-14,
19 eff. 7-1-97.)
20 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
21 Sec. 10-1. (a) Whereas a substantial threat to the sound
22 and careful control, regulation and taxation of the
23 manufacture, sale and distribution of alcoholic liquors
24 exists by virtue of individuals who manufacture, import,
25 distribute or sell alcoholic liquors within the State without
26 having first obtained a valid license to do so, and whereas
27 such threat is especially serious along the borders of this
28 State, and whereas such threat requires immediate correction
29 by this Act, by active investigation and prosecution by law
30 enforcement officials and prosecutors, and by prompt and
31 strict enforcement through the courts of this State to punish
32 violators and to deter such conduct in the future; any person
33 who manufactures, imports for distribution or use, or
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1 distributes or sells alcoholic liquor at any place within the
2 State without having first obtained a valid license to do so
3 under the provisions of this Act shall be guilty of a
4 business offense and fined not more than $1,000 for the first
5 such offense and shall be guilty of a Class 4 felony for each
6 subsequent offense.
7 (b) Any retailer, licensed in this State, who knowingly
8 causes to furnish, give, sell, or otherwise being within the
9 State, any alcoholic liquor destined to be used, distributed,
10 consumed or sold in another state, unless such alcoholic
11 liquor was received in this State by a duly licensed
12 distributor, or importing distributors shall have his license
13 suspended for 7 days for the first offense and for the second
14 offense, shall have his license revoked by the Commission.
15 (c) Any person who shall make any false statement or
16 otherwise violates any of the provisions of this Act in
17 obtaining any license hereunder, or who having obtained a
18 license hereunder shall violate any of the provisions of this
19 Act with respect to the manufacture, possession, distribution
20 or sale of alcoholic liquor, or with respect to the
21 maintenance of the licensed premises, or shall violate any
22 other provision of this Act, shall for a first offense be
23 guilty of a petty offense and fined not more than $500, and
24 for a second or subsequent offense shall be guilty of a Class
25 B misdemeanor.
26 (d) Each day any person engages in business as a
27 manufacturer, foreign importer, importing distributor,
28 distributor or retailer in violation of the provisions of
29 this Act shall constitute a separate offense.
30 (e) Any person, under the age of 21 years who, for the
31 purpose of buying, accepting or receiving alcoholic liquor
32 from a licensee, represents that he is 21 years of age or
33 over shall be guilty of a Class A misdemeanor.
34 (f) In addition to the penalties herein provided, any
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1 person licensed as a wine-maker in either class who
2 manufactures more wine than authorized by his license shall
3 be guilty of a business offense and shall be fined $1 for
4 each gallon so manufactured.
5 (g) A person shall be exempt from prosecution for a
6 violation of this Act if he is a peace officer in the
7 enforcement of the criminal laws and such activity is
8 approved in writing by one of the following:
9 (1) In all counties, the respective State's Attorney;
10 (2) The Director of State Police under Section 100-10,
11 100-15, 100-75, 100-100, 100-105, 100-110, 100-115, 100-120,
12 100-130, 100-140, 100-190, 100-200, 100-205, 100-210,
13 100-215, 100-250, 100-275, 100-300, 100-305, 100-315,
14 100-325, 100-335, 100-340, 100-350, 100-355, 100-360,
15 100-365, 100-375, 100-390, 100-400, 100-405, 100-420,
16 100-430, 100-435, 100-500, 100-525, or 100-550 of the
17 Department of State Police Law (20 ILCS 2605/100-10,
18 2605/100-15, 2605/100-75, 2605/100-100, 2605/100-105,
19 2605/100-110, 2605/100-115, 2605/100-120, 2605/100-130,
20 2605/100-140, 2605/100-190, 2605/100-200, 2605/100-205,
21 2605/100-210, 2605/100-215, 2605/100-250, 2605/100-275,
22 2605/100-300, 2605/100-305, 2605/100-315, 2605/100-325,
23 2605/100-335, 2605/100-340, 2605/100-350, 2605/100-355,
24 2605/100-360, 2605/100-365, 2605/100-375, 2605/100-390,
25 2605/100-400, 2605/100-405, 2605/100-420, 2605/100-430,
26 2605/100-435, 2605/100-500, 2605/100-525, or 2605/100-550)
27 Section 55a of The Civil Administrative Code of Illinois; or
28 (3) In cities over 1,000,000, the Superintendent of
29 Police.
30 (Source: P.A. 86-445.)
31 Section 5-465. The Personal Property Storage Act is
32 amended by changing Section 6 as follows:
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1 (240 ILCS 10/6) (from Ch. 111 2/3, par. 124)
2 Sec. 6. Bond or legal liability insurance policy. Prior
3 to the issuance of a license, the personal property
4 warehouseman shall file with the Department a surety bond, or
5 legal liability insurance policy on a form prescribed by the
6 Department, signed by the warehouseman as principal and by a
7 responsible company authorized to execute surety bonds within
8 the State of Illinois. The bond shall contain provisions for
9 faithful performance by the applicant of his duties as a
10 warehouseman in accordance with this Act, the rules and
11 regulations thereof, and the "Uniform Commercial Code", as
12 now or hereafter amended. Such bond shall also contain
13 provisions for the payment of any loss or damage sustained by
14 any depositor of property stored.
15 The amount of such bond is determined upon the following
16 basis:
17 For less than 20,000 net square feet of floor space or
18 for less than 50,000 net cubic feet of volume devoted to the
19 storage of personal property, $5,000;
20 For 20,000 and less than 50,000 net square feet of floor
21 space or for 50,000 and less than 100,000 net cubic feet of
22 volume devoted to the storage of personal property, $10,000;
23 For 50,000 and less than 100,000 net square feet of floor
24 space or for 100,000 and less than 200,000 net cubic feet of
25 volume devoted to the storage of personal property, $15,000;
26 For 100,000 and less than 200,000 net square feet of
27 floor space or for 200,000 and less than 300,000 net cubic
28 feet of volume devoted to the storage of personal property,
29 $20,000;
30 For 200,000 and less than 300,000 net square feet of
31 floor space or for 300,000 and less than 400,000 net cubic
32 feet of volume devoted to the storage of personal property,
33 $25,000; and
34 For 300,000 or more net square feet of floor space or for
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1 400,000 or more net cubic feet of volume devoted to the
2 storage of personal property, $25,000 plus an additional
3 $5,000 for each additional 100,000 net square feet, or net
4 cubic feet of volume, or fraction thereof.
5 Such bond is to be made payable to the People of the
6 State of Illinois, for the use and benefit of all persons
7 aggrieved by the failure of the operator to comply with this
8 Act, and shall not be cancelled during the period for which
9 any license is issued, except upon at least 90 days' notice,
10 in writing, to the Department.
11 If bond other than a surety bond is filed, it must be
12 secured by real estate having a value of not less than double
13 the amount of such bond over and above all exemptions and
14 liens thereon. Such bond shall be recorded and be a lien on
15 the real estate for the amount thereof, and the recording
16 fees paid by the applicant or operator.
17 Any operator may, in lieu of a bond, file with the
18 Department a certified copy of a legal liability insurance
19 policy or a certificate of deposit. The principal amount of
20 the legal liability insurance policy and the certificate of
21 deposit shall be the same as that required for a surety bond
22 under this Act. Any certificate of deposit filed with the
23 Department, in lieu of a surety bond, shall be payable to the
24 Director of the Department as Trustee and the interest
25 thereon shall be made payable to the purchaser thereof.
26 The legal liability insurance policy shall contain a loss
27 payable endorsement making such policy payable to the People
28 of the State of Illinois, with the Director of the Department
29 as Trustee. The legal liability insurance policy shall not
30 be cancelled during the period for which any license is
31 issued, except upon at least 90 days' notice in writing to
32 the Department. When in the discretion of the Department, the
33 legal liability insurance policy or the assets of a
34 warehouseman appear to be insufficient, when compared to his
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1 storage obligations or to meet the bond requirements of the
2 United States, or any agency or corporation controlled by the
3 United States when they have a contract for storage with the
4 warehouseman, or for any other reason it may appear necessary
5 to the Department, the Department may require such additional
6 bond or legal liability insurance policy as may be reasonable
7 in the circumstances.
8 The Director of Agriculture as trustee of the bond or
9 policy shall have the authorities granted him in Section
10 15-410 40.23 of the Department of Agriculture Law (20 ILCS
11 205/15-410) Civil Administrative Code of Illinois and the
12 rules and regulations adopted pursuant thereto.
13 Failure to keep such bond or insurance policy in effect
14 is cause for the revocation of any license.
15 (Source: P.A. 83-1065.)
16 Section 5-470. The Grain Code is amended by changing
17 Sections 1-10, 1-15, and 20-25 as follows:
18 (240 ILCS 40/1-10)
19 Sec. 1-10. Definitions. As used in this Act:
20 "Board" means the governing body of the Illinois Grain
21 Insurance Corporation.
22 "Certificate" means a document, other than the license,
23 issued by the Department that certifies that a grain dealer's
24 license has been issued and is in effect.
25 "Claimant" means:
26 (a) a person, including, without limitation, a lender:
27 (1) who possesses warehouse receipts issued from an
28 Illinois location covering grain owned or stored by a
29 failed warehouseman; or
30 (2) who has other written evidence of a storage
31 obligation of a failed warehouseman issued from an
32 Illinois location in favor of the holder, including, but
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1 not limited to, scale tickets, settlement sheets, and
2 ledger cards; or
3 (3) who has loaned money to a warehouseman and was
4 to receive a warehouse receipt issued from an Illinois
5 location as security for that loan, who surrendered
6 warehouse receipts as part of a grain sale at an Illinois
7 location, or who delivered grain out of storage with the
8 warehouseman as part of a grain sale at an Illinois
9 location; and
10 (i) the grain dealer or warehouseman failed
11 within 21 days after the loan of money, the
12 surrender of warehouse receipts, or the delivery of
13 grain, as the case may be, and no warehouse receipt
14 was issued or payment in full was not made on the
15 grain sale, as the case may be; or
16 (ii) written notice was given by the person to
17 the Department within 21 days after the loan of
18 money, the surrender of warehouse receipts, or the
19 delivery of grain, as the case may be, stating that
20 no warehouse receipt was issued or payment in full
21 made on the grain sale, as the case may be; or
22 (b) a producer not included in item (a)(3) in the
23 definition of "Claimant" who possesses evidence of the sale
24 at an Illinois location of grain delivered to a failed grain
25 dealer and who was not paid in full.
26 "Class I warehouseman" means a warehouseman who is
27 authorized to issue negotiable and non-negotiable warehouse
28 receipts.
29 "Class II warehouseman" means a warehouseman who is
30 authorized to issue only non-negotiable warehouse receipts.
31 "Code" means the Grain Code.
32 "Collateral" means:
33 (a) irrevocable letters of credit;
34 (b) certificates of deposit;
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1 (c) cash or a cash equivalent; or
2 (d) any other property acceptable to the Department to
3 the extent there exists equity in that property. For the
4 purposes of this item (d), "equity" is the amount by which
5 the fair market value of the property exceeds the amount owed
6 to a creditor who has a valid, prior, perfected security
7 interest in or other lien on the property.
8 "Corporation" means the Illinois Grain Insurance
9 Corporation.
10 "Daily position record" means a grain inventory
11 accountability record maintained on a daily basis that
12 includes an accurate reflection of changes in grain
13 inventory, storage obligations, company-owned inventory by
14 commodity, and other information that is required by the
15 Department.
16 "Daily grain transaction report" means a record of the
17 daily transactions of a grain dealer showing the amount of
18 all grain received and shipped during each day and the amount
19 on hand at the end of each day.
20 "Date of delivery of grain" means:
21 (a) the date grain is delivered to a grain dealer for
22 the purpose of sale;
23 (b) the date grain is delivered to a warehouseman for
24 the purpose of storage; or
25 (c) in reference to grain in storage with a
26 warehouseman, the date a warehouse receipt representing
27 stored grain is delivered to the issuer of the warehouse
28 receipt for the purpose of selling the stored grain or, if no
29 warehouse receipt was issued:
30 (1) the date the purchase price for stored grain is
31 established; or
32 (2) if sold by price later contract, the date of
33 the price later contract.
34 "Department" means the Illinois Department of
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1 Agriculture.
2 "Depositor" means a person who has evidence of a storage
3 obligation from a warehouseman.
4 "Director", unless otherwise provided, means the Illinois
5 Director of Agriculture, or the Director's designee.
6 "Emergency storage" means space measured in bushels and
7 used for a period of time not to exceed 3 months for storage
8 of grain as a consequence of an emergency situation.
9 "Equity assets" means:
10 (a) The equity in any property of the licensee or failed
11 licensee, other than grain assets. For purposes of this item
12 (a):
13 (1) "equity" is the amount by which the fair market
14 value of the property exceeds the amount owed to a
15 creditor who has a valid security interest in or other
16 lien on the property that was perfected before the date
17 of failure of the licensee;
18 (2) a creditor is not deemed to have a valid
19 security interest or other lien on property if (i) the
20 property can be directly traced as being from the sale of
21 grain by the licensee or failed licensee; (ii) the
22 security interest was taken as additional collateral on
23 account of an antecedent debt owed to the creditor; and
24 (iii) the security interest or other lien was perfected
25 (A) on or within 90 days before the date of failure of
26 the licensee or (B) when the creditor is a related
27 person, within one year of the date of failure of the
28 licensee.
29 "Failure" means, in reference to a licensee:
30 (a) a formal declaration of insolvency;
31 (b) a revocation of a license;
32 (c) a failure to apply for license renewal, leaving
33 indebtedness to claimants;
34 (d) a denial of license renewal, leaving indebtedness to
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1 claimants; or
2 (e) a voluntary surrender of a license, leaving
3 indebtedness to claimants.
4 "Federal warehouseman" means a warehouseman licensed by
5 the United States government under the United States
6 Warehouse Act (7 U.S.C. 241 et seq.).
7 "Fund" means the Illinois Grain Insurance Fund.
8 "Grain" means corn, soybeans, wheat, oats, rye, barley,
9 grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
10 and other like agricultural commodities designated by rule.
11 "Grain assets" means:
12 (a) all grain owned and all grain stored by a licensee
13 or failed licensee, wherever located;
14 (b) redeposited grain of a licensee or failed licensee;
15 (c) identifiable proceeds including, but not limited to,
16 insurance proceeds received by or due to a licensee or failed
17 licensee resulting from the sale, exchange, destruction,
18 loss, theft, or other disposition of grain by the licensee or
19 failed licensee; or
20 (d) assets in hedging or speculative margin accounts
21 held by commodity or security exchanges on behalf of a
22 licensee or failed licensee and any moneys due or to become
23 due to a licensee or failed licensee, less any secured
24 financing directly associated with those assets or moneys,
25 from any transactions on those exchanges.
26 For purposes of this Act, storage charges, drying
27 charges, price later contract service charges, and other
28 grain service charges received by or due to a licensee or
29 failed licensee shall not be deemed to be grain assets, nor
30 shall such charges be deemed to be proceeds from the sale or
31 other disposition of grain by a licensee or a failed
32 licensee, or to have been directly or indirectly traceable
33 from, to have resulted from, or to have been derived in whole
34 or in part from, or otherwise related to, the sale or other
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1 disposition of grain by the licensee or failed licensee.
2 "Grain dealer" means a person who is licensed by the
3 Department to engage in the business of buying grain from
4 producers.
5 "Grain Indemnity Trust Account" means a trust account
6 established by the Director under Section 15-410 40.23 of the
7 Department of Agriculture Law (20 ILCS 205/15-410) Civil
8 Administrative Code of Illinois that is used for the receipt
9 and disbursement of moneys paid from the Fund and proceeds
10 from the liquidation of and collection upon grain assets,
11 equity assets, collateral, or guarantees of or relating to
12 failed licensees. The Grain Indemnity Trust Account shall be
13 used to pay valid claims, authorized refunds from the Fund,
14 and expenses incurred in preserving, liquidating, and
15 collecting upon grain assets, equity assets, collateral, and
16 guarantees relating to failed licensees.
17 "Guarantor" means a person who assumes all or part of the
18 obligations of a licensee to claimants.
19 "Guarantee" means a document executed by a guarantor by
20 which the guarantor assumes all or part of the obligations of
21 a licensee to claimants.
22 "Incidental grain dealer" means a grain dealer who
23 purchases grain only in connection with a feed milling
24 operation and whose total purchases of grain from producers
25 during the grain dealer's fiscal year do not exceed $100,000.
26 "Licensed storage capacity" means the maximum grain
27 storage capacity measured in bushels approved by the
28 applicable licensing agency for use by a warehouseman.
29 "Licensee" means a grain dealer or warehouseman who is
30 licensed by the Department and a federal warehouseman that is
31 a participant in the Fund, under subsection (c) of Section
32 30-10.
33 "Official grain standards" means the official grade
34 designations as adopted by the United States Department of
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1 Agriculture under the United States Grain Standards Act and
2 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
3 CFR 810.201 et seq.).
4 "Permanent storage capacity" means the capacity of
5 permanent structures available for storage of grain on a
6 regular and continuous basis and measured in bushels.
7 "Person" means any individual or entity, including, but
8 not limited to, a sole proprietorship, a partnership, a
9 corporation, a cooperative, an association, a limited
10 liability company, an estate, or a trust.
11 "Price later contract" means a written contract for the
12 sale of grain whereby any part of the purchase price may be
13 established by the seller after delivery of the grain to a
14 grain dealer according to a pricing formula contained in the
15 contract. Title to the grain passes to the grain dealer at
16 the time of delivery. The precise form and the general terms
17 and conditions of the contract shall be established by rule.
18 "Producer" means the owner, tenant, or operator of land
19 who has an interest in and receives all or part of the
20 proceeds from the sale of the grain produced on the land.
21 "Producer protection holding corporation" means a holding
22 corporation to receive, hold title to, and liquidate assets
23 of or relating to a failed licensee, including assets in
24 reference to collateral or guarantees relating to a failed
25 licensee.
26 "Related persons" means affiliates of a licensee, key
27 persons of a licensee, owners of a licensee, and persons who
28 have control over a licensee. For the purposes of this
29 definition:
30 (a) "Affiliate" means a person who has direct or
31 indirect control of a licensee, is controlled by a
32 licensee, or is under common control with a licensee.
33 (b) "Key person" means an officer, a director, a
34 trustee, a partner, a proprietor, a manager, a managing
-659- LRB9009239DJcd
1 agent, or the spouse of a licensee. An officer or a
2 director of an entity organized or operating as a
3 cooperative, however, shall not be considered to be a
4 "key person".
5 (c) "Owner" means the holder of: over 10% of the
6 total combined voting power of a corporation or over 10%
7 of the total value of shares of all classes of stock of a
8 corporation; over a 10% interest in a partnership; over
9 10% of the value of a trust computed actuarially; or over
10 10% of the legal or beneficial interest in any other
11 business, association, endeavor, or entity that is a
12 licensee. For purposes of computing these percentages, a
13 holder is deemed to own stock or other interests in a
14 business entity whether the ownership is direct or
15 indirect.
16 (d) "Control" means the power to exercise authority
17 over or direct the management or policies of a business
18 entity.
19 (e) "Indirect" means an interest in a business held
20 by the holder not through the holder's actual holdings in
21 the business, but through the holder's holdings in other
22 businesses.
23 (f) Notwithstanding any other provision of this
24 Act, the term "related person" does not include a lender,
25 secured party, or other lien holder solely by reason of
26 the existence of the loan, security interest, or lien, or
27 solely by reason of the lender, secured party, or other
28 lien holder having or exercising any right or remedy
29 provided by law or by agreement with a licensee or a
30 failed licensee.
31 "Successor agreement" means an agreement by which a
32 licensee succeeds to the grain obligations of a former
33 licensee.
34 "Temporary storage space" means space measured in bushels
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1 and used for 6 months or less for storage of grain on a
2 temporary basis due to a need for additional storage in
3 excess of permanent storage capacity.
4 "Trust account" means the Grain Indemnity Trust Account.
5 "Valid claim" means a claim, submitted by a claimant,
6 whose amount and category have been determined by the
7 Department, to the extent that determination is not subject
8 to further administrative review or appeal.
9 "Warehouse" means a building, structure, or enclosure in
10 which grain is stored for the public for compensation,
11 whether grain of different owners is commingled or whether
12 identity of different lots of grain is preserved.
13 "Warehouse receipt" means a receipt for the storage of
14 grain issued by a warehouseman.
15 "Warehouseman" means a person who is licensed:
16 (a) by the Department to engage in the business of
17 storing grain for compensation; or
18 (b) under the United States Warehouse Act who
19 participates in the Fund under subsection (c) of Section
20 30-10.
21 (Source: P.A. 89-287, eff. 1-1-96.)
22 (240 ILCS 40/1-15)
23 Sec. 1-15. Powers and duties of Director. The Director
24 has all powers necessary and proper to fully and effectively
25 execute the provisions of this Code and has the general duty
26 to implement this Code. The Director's powers and duties
27 include, but are not limited to, the following:
28 (1) The Director may, upon application, issue or refuse
29 to issue licenses under this Code, and the Director may
30 extend, renew, reinstate, suspend, revoke, or accept
31 voluntary surrender of licenses under this Code.
32 (2) The Director shall examine and inspect each licensee
33 at least once each calendar year. The Director may inspect
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1 the premises used by a licensee at any time. The books,
2 accounts, records, and papers of a licensee are at all times
3 during business hours subject to inspection by the Director.
4 Each licensee may also be required to make reports of its
5 activities, obligations, and transactions that are deemed
6 necessary by the Director to determine whether the interests
7 of producers and the holders of warehouse receipts are
8 adequately protected and safeguarded. The Director may take
9 action or issue orders that in the opinion of the Director
10 are necessary to prevent fraud upon or discrimination against
11 producers or depositors by a licensee.
12 (3) The Director may, upon his or her initiative or upon
13 the written verified complaint of any person setting forth
14 facts that if proved would constitute grounds for a refusal
15 to issue or renew a license or for a suspension or revocation
16 of a license, investigate the actions of any person applying
17 for, holding, or claiming to hold a license or any related
18 party of that person.
19 (4) The Director (but not the Director's designee) may
20 issue subpoenas and bring before the Department any person
21 and take testimony either at an administrative hearing or by
22 deposition with witness fees and mileage fees and in the same
23 manner as prescribed in the Code of Civil Procedure. The
24 Director or the Director's designee may administer oaths to
25 witnesses at any proceeding that the Department is authorized
26 by law to conduct. The Director (but not the Director's
27 designee) may issue subpoenas duces tecum to command the
28 production of records relating to a licensee, guarantor,
29 related business, related person, or related party. Subpoenas
30 are subject to the rules of the Department.
31 (5) Notwithstanding other judicial remedies, the
32 Director may file a complaint and apply for a temporary
33 restraining order or preliminary or permanent injunction
34 restraining or enjoining any person from violating or
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1 continuing to violate this Code or its rules.
2 (6) The Director shall act as Trustee for the Trust
3 Account, act as Trustee over all collateral, guarantees,
4 grain assets, and equity assets held by the Department for
5 the benefit of claimants, and exercise certain powers and
6 perform related duties under Section 20-5 of this Code and
7 Section 15-410 40.23 of the Department of Agriculture Law (20
8 ILCS 205/15-410) Civil Administrative Code of Illinois,
9 except that the provisions of the Trust and Trustees Act do
10 not apply to the Trust Account or any other trust created
11 under this Code.
12 (7) The Director shall personally serve as president of
13 the Corporation.
14 (8) The Director shall collect and deposit all monetary
15 penalties and assessments authorized under this Code into the
16 Fund.
17 (9) The Director may initiate any action necessary to
18 pay refunds from the Fund.
19 (10) The Director shall maintain a holding corporation
20 to receive, hold title to, and liquidate assets of or
21 relating to a failed licensee, including assets in reference
22 to collateral or guarantees, and deposit the proceeds into
23 the Fund.
24 (11) The Director may initiate, participate in, or
25 withdraw from any proceedings to liquidate and collect upon
26 grain assets, equity assets, collateral, and guarantees
27 relating to a failed licensee, including, but not limited to,
28 all powers needed to carry out the provisions of Section
29 20-15.
30 (12) The Director, as Trustee or otherwise, may take any
31 action that may be reasonable or appropriate to enforce this
32 Code and its rules.
33 (Source: P.A. 89-287, eff. 1-1-96.)
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1 (240 ILCS 40/20-25)
2 Sec. 20-25. Refusal of licensee to allow liquidation.
3 (a) If, after a failure, the failed licensee does not
4 transfer control of the grain assets to the Trustee, the
5 Director may, in conjunction with the authority granted in
6 this Code and in Section 15-410 40.23 of the Department of
7 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
8 Code of Illinois, file a complaint and apply to a court of
9 competent jurisdiction for a temporary restraining order, a
10 preliminary injunction, or a permanent injunction to be
11 entered without bond to carry out the provisions of this
12 Code.
13 (b) If a party seeks relief from a court of competent
14 jurisdiction that would enjoin, restrain, stay, or otherwise
15 resist either (1) an administrative order of the Department
16 that suspends, revokes, or denies renewal of a license under
17 this Code or (2) an action brought by the Department relating
18 to liquidation of a licensee, the court shall require the
19 party requesting the relief to provide a bond as provided for
20 in the Code of Civil Procedure. The bond shall be in an
21 amount adequate to assure that all producers and depositors
22 will be paid while the licensee is operating following
23 suspension, revocation, or denial of renewal of a license
24 under the judicial relief for grain sold to or stored with
25 the licensee. The bond shall be in a minimum amount
26 sufficient to satisfy all existing grain obligations of the
27 licensee for grain purchased, sold, or stored. In setting
28 the amount of the bond, the court shall consider increasing
29 the amount of the bond based upon a consideration of other
30 factors, including, but not limited to, the total dollar
31 amount of grain purchased annually by the licensee and the
32 value of the storage obligations of the licensee.
33 (Source: P.A. 89-287, eff. 1-1-96; 89-626, eff. 8-9-96.)
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1 Section 5-475. The Illinois Public Aid Code is amended by
2 changing Sections 11-9 and 12-1 as follows:
3 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
4 Sec. 11-9. Protection of records - Exceptions. For the
5 protection of applicants and recipients, the Illinois
6 Department, the county departments and local governmental
7 units and their respective officers and employees are
8 prohibited, except as hereinafter provided, from disclosing
9 the contents of any records, files, papers and
10 communications, except for purposes directly connected with
11 the administration of public aid under this Code.
12 In any judicial proceeding, except a proceeding directly
13 concerned with the administration of programs provided for in
14 this Code, such records, files, papers and communications,
15 and their contents shall be deemed privileged communications
16 and shall be disclosed only upon the order of the court,
17 where the court finds such to be necessary in the interest of
18 justice.
19 The Illinois Department shall establish and enforce
20 reasonable rules and regulations governing the custody, use
21 and preservation of the records, papers, files, and
22 communications of the Illinois Department, the county
23 departments and local governmental units receiving State or
24 Federal funds or aid. The governing body of other local
25 governmental units shall in like manner establish and enforce
26 rules and regulations governing the same matters.
27 The contents of case files pertaining to recipients under
28 Articles VI and VII shall be made available without subpoena
29 or formal notice to the officers of any court, to all law
30 enforcing agencies, and to such other persons or agencies as
31 from time to time may be authorized by any court. In
32 particular, the contents of those case files shall be made
33 available upon request to a law enforcement agency for the
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1 purpose of determining the current address of a recipient
2 with respect to whom an arrest warrant is outstanding.
3 Information shall also be disclosed to the Illinois State
4 Scholarship Commission pursuant to an investigation or audit
5 by the Illinois State Scholarship Commission of a delinquent
6 student loan or monetary award.
7 This Section does not prevent the Illinois Department and
8 local governmental units from reporting to appropriate law
9 enforcement officials the desertion or abandonment by a
10 parent of a child, as a result of which financial aid has
11 been necessitated under Articles IV, V, VI, or VII, or
12 reporting to appropriate law enforcement officials instances
13 in which a mother under age 18 has a child out of wedlock and
14 is an applicant for or recipient of aid under any Article of
15 this Code. The Illinois Department may provide by rule for
16 the county departments and local governmental units to
17 initiate proceedings under the Juvenile Court Act of 1987 to
18 have children declared to be neglected when they deem such
19 action necessary to protect the children from immoral
20 influences present in their home or surroundings.
21 This Section does not preclude the full exercise of the
22 powers of the Board of Public Aid Commissioners to inspect
23 records and documents, as provided for all advisory boards
24 pursuant to Section 5-505 8 of the Departments of State
25 Government Law (20 ILCS 5/5-505) "The Civil Administrative
26 Code of Illinois", approved March 7, 1917, as amended.
27 This Section does not preclude exchanges of information
28 among the Illinois Department of Public Aid, the Department
29 of Human Services (as successor to the Department of Public
30 Aid), and the Illinois Department of Revenue for the purpose
31 of verifying sources and amounts of income and for other
32 purposes directly connected with the administration of this
33 Code and of the Illinois Income Tax Act.
34 The provisions of this Section and of Section 11-11 as
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1 they apply to applicants and recipients of public aid under
2 Articles III, IV and V shall be operative only to the extent
3 that they do not conflict with any Federal law or regulation
4 governing Federal grants to this State for such programs.
5 The Illinois Department of Public Aid and the Department
6 of Human Services (as successor to the Illinois Department of
7 Public Aid) shall enter into an inter-agency agreement with
8 the Department of Children and Family Services to establish a
9 procedure by which employees of the Department of Children
10 and Family Services may have immediate access to records,
11 files, papers, and communications (except medical, alcohol or
12 drug assessment or treatment, mental health, or any other
13 medical records) of the Illinois Department, county
14 departments, and local governmental units receiving State or
15 federal funds or aid, if the Department of Children and
16 Family Services determines the information is necessary to
17 perform its duties under the Abused and Neglected Child
18 Reporting Act, the Child Care Act of 1969, and the Children
19 and Family Services Act.
20 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
21 90-14, eff. 7-1-97.)
22 (305 ILCS 5/12-1) (from Ch. 23, par. 12-1)
23 Sec. 12-1. Administration of Code; Illinois Department of
24 Public Aid.
25 (a) This Code shall be administered by the Department of
26 Human Services and the Illinois Department of Public Aid as
27 provided in the Department of Human Services Act.
28 (b) The Department of Public Aid shall be under the
29 supervision and direction of the Director of Public Aid, as
30 provided in Section 5-20 4 of the Departments of State
31 Government Law (20 ILCS 5/5-20) Civil Administrative Code of
32 Illinois. The Director shall be appointed pursuant to the
33 provisions of Section 5-605 12 and meet the qualifications of
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1 Section 5-230 7.09 of that Law Code.
2 The Assistant Director of Public Aid, created by Section
3 5-165 5.13c of the Departments of State Government Law (20
4 ILCS 5/5-165) Civil Administrative Code of Illinois, shall be
5 appointed pursuant to the provisions of Section 5-605 12 of
6 that Law Code and shall meet the qualifications prescribed in
7 Section 5-230 of that Law 7.09 thereof.
8 The salaries of the Director and the Assistant Director
9 shall be those specified in Section 5-395 9.17 of the
10 Departments of State Government Law (20 ILCS 5/5-395) Civil
11 Administrative Code of Illinois.
12 The Illinois Department of Public Aid and the Director of
13 Public Aid shall comply with other provisions of the Civil
14 Administrative Code of Illinois which are generally
15 applicable to the several departments of the State Government
16 created by that Code.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 Section 5-480. The Abused and Neglected Child Reporting
19 Act is amended by changing Section 7.4 as follows:
20 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
21 Sec. 7.4. (a) The Department shall be capable of
22 receiving reports of suspected child abuse or neglect 24
23 hours a day, 7 days a week. Whenever the Department receives
24 a report alleging that a child is a truant as defined in
25 Section 26-2a of The School Code, as now or hereafter
26 amended, the Department shall notify the superintendent of
27 the school district in which the child resides and the
28 appropriate superintendent of the educational service region.
29 The notification to the appropriate officials by the
30 Department shall not be considered an allegation of abuse or
31 neglect under this Act.
32 (b) (1) The following procedures shall be followed
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1 in the investigation of all reports of suspected abuse or
2 neglect of a child, except as provided in subsection (c)
3 of this Section.
4 (2) If it appears that the immediate safety or
5 well-being of a child is endangered, that the family may
6 flee or the child disappear, or that the facts otherwise
7 so warrant, the Child Protective Service Unit shall
8 commence an investigation immediately, regardless of the
9 time of day or night. In all other cases, investigation
10 shall be commenced within 24 hours of receipt of the
11 report. Upon receipt of a report, the Child Protective
12 Service Unit shall make an initial investigation and an
13 initial determination whether the report is a good faith
14 indication of alleged child abuse or neglect.
15 (3) If the Unit determines the report is a good
16 faith indication of alleged child abuse or neglect, then
17 a formal investigation shall commence and, pursuant to
18 Section 7.12 of this Act, may or may not result in an
19 indicated report. The formal investigation shall
20 include: direct contact with the subject or subjects of
21 the report as soon as possible after the report is
22 received; an evaluation of the environment of the child
23 named in the report and any other children in the same
24 environment; a determination of the risk to such children
25 if they continue to remain in the existing environments,
26 as well as a determination of the nature, extent and
27 cause of any condition enumerated in such report; the
28 name, age and condition of other children in the
29 environment; and an evaluation as to whether there would
30 be an immediate and urgent necessity to remove the child
31 from the environment if appropriate family preservation
32 services were provided. After seeing to the safety of
33 the child or children, the Department shall forthwith
34 notify the subjects of the report in writing, of the
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1 existence of the report and their rights existing under
2 this Act in regard to amendment or expungement. To
3 fulfill the requirements of this Section, the Child
4 Protective Service Unit shall have the capability of
5 providing or arranging for comprehensive emergency
6 services to children and families at all times of the day
7 or night.
8 (4) If (i) at the conclusion of the Unit's initial
9 investigation of a report, the Unit determines the report
10 to be a good faith indication of alleged child abuse or
11 neglect that warrants a formal investigation by the Unit,
12 the Department, any law enforcement agency or any other
13 responsible agency and (ii) the person who is alleged to
14 have caused the abuse or neglect is employed or otherwise
15 engaged in an activity resulting in frequent contact with
16 children and the alleged abuse or neglect are in the
17 course of such employment or activity, then the
18 Department shall, except in investigations where the
19 Director determines that such notification would be
20 detrimental to the Department's investigation, inform the
21 appropriate supervisor or administrator of that
22 employment or activity that the Unit has commenced a
23 formal investigation pursuant to this Act, which may or
24 may not result in an indicated report. The Department
25 shall also notify the person being investigated, unless
26 the Director determines that such notification would be
27 detrimental to the Department's investigation.
28 (c) In an investigation of a report of suspected abuse
29 or neglect of a child by a school employee at a school or on
30 school grounds, the Department shall make reasonable efforts
31 to follow the following procedures:
32 (1) Investigations involving teachers shall not, to
33 the extent possible, be conducted when the teacher is
34 scheduled to conduct classes. Investigations involving
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1 other school employees shall be conducted so as to
2 minimize disruption of the school day. The school
3 employee accused of child abuse or neglect may have his
4 superior, his association or union representative and his
5 attorney present at any interview or meeting at which the
6 teacher or administrator is present. The accused school
7 employee shall be informed by a representative of the
8 Department, at any interview or meeting, of the accused
9 school employee's due process rights and of the steps in
10 the investigation process. The information shall include,
11 but need not necessarily be limited to the right, subject
12 to the approval of the Department, of the school employee
13 to confront the accuser, if the accuser is 14 years of
14 age or older, or the right to review the specific
15 allegations which gave rise to the investigation, and the
16 right to review all materials and evidence that have been
17 submitted to the Department in support of the allegation.
18 These due process rights shall also include the right of
19 the school employee to present countervailing evidence
20 regarding the accusations.
21 (2) If a report of neglect or abuse of a child by a
22 teacher or administrator does not involve allegations of
23 sexual abuse or extreme physical abuse, the Child
24 Protective Service Unit shall make reasonable efforts to
25 conduct the initial investigation in coordination with
26 the employee's supervisor.
27 If the Unit determines that the report is a good
28 faith indication of potential child abuse or neglect, it
29 shall then commence a formal investigation under
30 paragraph (3) of subsection (b) of this Section.
31 (3) If a report of neglect or abuse of a child by a
32 teacher or administrator involves an allegation of sexual
33 abuse or extreme physical abuse, the Child Protective
34 Unit shall commence an investigation under paragraph (2)
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1 of subsection (b) of this Section.
2 (d) If the Department has contact with an employer in
3 the course of its investigation, the Department shall notify
4 the employer, in writing, when a report is unfounded so that
5 any record of the investigation can be expunged from the
6 employee's personnel records. The Department shall also
7 notify the employee, in writing, that notification has been
8 sent to the employer informing the employer that the
9 Department's investigation has resulted in an unfounded
10 report.
11 (e) Upon request by the Department, the Department of
12 State Police and law enforcement agencies are authorized to
13 provide criminal history record information as defined in
14 the Illinois Uniform Conviction Information Act and
15 information maintained in the adjudicatory and dispositional
16 record system as defined in subdivision (A)19 of Section
17 100-355 55a of the Department of State Police Law (20 ILCS
18 2605/100-355) Civil Administrative Code of Illinois to
19 properly designated employees of the Department of Children
20 and Family Services if the Department determines the
21 information is necessary to perform its duties under the
22 Abused and Neglected Child Reporting Act, the Child Care Act
23 of 1969, and the Children and Family Services Act. The
24 request shall be in the form and manner required by the
25 Department of State Police. Any information obtained by the
26 Department of Children and Family Services under this Section
27 is confidential and may not be transmitted outside the
28 Department of Children and Family Services other than to a
29 court of competent jurisdiction or unless otherwise
30 authorized by law. Any employee of the Department of Children
31 and Family Services who transmits confidential information in
32 violation of this Section or causes the information to be
33 transmitted in violation of this Section is guilty of a Class
34 A misdemeanor unless the transmittal of the information is
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1 authorized by this Section or otherwise authorized by law.
2 (Source: P.A. 87-400; 88-614, eff. 9-7-94.)
3 Section 5-490. The Mental Health Hispanic Interpreter Act
4 is amended by changing Section 1 as follows:
5 (405 ILCS 75/1) (from Ch. 91 1/2, par. 1751)
6 Sec. 1. Every State-operated mental health and
7 developmental disability facility where at least 1% of total
8 annual admissions for inpatient or outpatient care consists
9 of recipients of Hispanic descent shall provide a qualified
10 interpreter when such recipient lacks proficiency in the
11 English language to such an extent that communication with
12 facility staff for purposes of receiving care or treatment is
13 prevented. An interpreter shall be provided at any time such
14 a recipient is admitted to a State-operated facility or seeks
15 or receives care or treatment at such a facility. The
16 administrator of each State-operated facility may utilize
17 existing facility staff in complying with the requirements of
18 this Act. For purposes of this Act, "State-operated
19 facility" means a facility operated by a Department of State
20 government created under Section 5-15 3 of the Departments of
21 State Government Law (20 ILCS 5/5-15) Civil Administrative
22 Code of Illinois, or by a public university of this State.
23 (Source: P.A. 88-380.)
24 Section 5-495. The Illinois Rural/Downstate Health Act is
25 amended by changing Section 4 as follows:
26 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
27 Sec. 4. The Center shall have the authority:
28 (a) To assist rural communities and communities in
29 designated shortage areas by providing technical assistance
30 to community leaders in defining their specific health care
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1 needs and identifying strategies to address those needs.
2 (b) To link rural communities and communities in
3 designated shortage areas with other units in the Department
4 or other State agencies which can assist in the solution of a
5 health care access problem.
6 (c) To maintain and disseminate information on
7 innovative health care strategies, either directly or
8 indirectly.
9 (d) To administer State or federal grant programs
10 relating to rural health or medically underserved areas
11 established by State or federal law for which funding has
12 been made available.
13 (e) To promote the development of primary care services
14 in rural areas and designated shortage areas. Subject to
15 available appropriations, the Department may annually award
16 grants of up to $300,000 each to enable the health services
17 in those areas to offer multi-service comprehensive
18 ambulatory care, thereby improving access to primary care
19 services. Grants may cover operational and facility
20 construction and renovation expenses, including but not
21 limited to the cost of personnel, medical supplies and
22 equipment, patient transportation, and health provider
23 recruitment. The Department shall prescribe by rule standards
24 and procedures for the provision of local matching funds in
25 relation to each grant application. Grants provided under
26 this paragraph (e) shall be in addition to support and
27 assistance provided under subsection (a) of Section 90-200
28 55.53(a) of the Department of Public Health Powers and Duties
29 Law (20 ILCS 2310/90-200) Civil Administrative Code of
30 Illinois. Eligible applicants shall include, but not be
31 limited to, community-based organizations, hospitals, local
32 health departments, and Community Health Centers as defined
33 in Section 4.1 of the Illinois Rural Health Act.
34 (f) To annually provide grants from available
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1 appropriations to hospitals located in medically underserved
2 areas or health manpower shortage areas as defined by the
3 United States Department of Health and Human Services, whose
4 governing boards include significant representation of
5 consumers of hospital services residing in the area served by
6 the hospital, and which agree not to discriminate in any way
7 against any consumer of hospital services based upon the
8 consumer's source of payment for those services. Grants that
9 may be awarded under this paragraph (f) shall be limited to
10 $500,000 and shall not exceed 50% of the total project need
11 indicated in each application. Expenses covered by the grants
12 may include but are not limited to facility renovation,
13 equipment acquisition and maintenance, recruitment of health
14 personnel, diversification of services, and joint venture
15 arrangements.
16 (g) To establish a recruitment center which shall
17 actively recruit physicians and other health care
18 practitioners to participate in the program, maintain
19 contacts with participating practitioners, actively promote
20 health care professional practice in designated shortage
21 areas, assist in matching the skills of participating medical
22 students with the needs of community health centers in
23 designated shortage areas, and assist participating medical
24 students in locating in designated shortage areas.
25 (h) To assist communities in designated shortage areas
26 find alternative services or temporary health care providers
27 when existing health care providers are called into active
28 duty with the armed forces of the United States.
29 (i) To develop, in cooperation with the Illinois
30 Development Finance Authority, financing programs whose goals
31 and purposes shall be to provide moneys to carry out the
32 purpose of this Act, including, but not limited to, revenue
33 bond programs, revolving loan programs, equipment leasing
34 programs, and working cash programs. The Department may
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1 transfer to the Illinois Development Finance Authority, into
2 an account outside of the State treasury, moneys in special
3 funds of the Department for the purposes of establishing
4 those programs. The disposition of any moneys so transferred
5 shall be determined by an interagency agreement.
6 (Source: P.A. 87-633; 88-535.)
7 Section 5-500. The Illinois Nuclear Safety Preparedness
8 Act is amended by changing Section 8 as follows:
9 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
10 Sec. 8. (a) The Illinois Nuclear Safety Preparedness
11 Program shall consist of an assessment of the potential
12 nuclear accidents, their radiological consequences, and the
13 necessary protective actions required to mitigate the effects
14 of such accidents. It shall include, but not necessarily be
15 limited to:
16 (1) Development of a remote effluent monitoring system
17 capable of reliably detecting and quantifying accidental
18 radioactive releases from nuclear power plants to the
19 environment;
20 (2) Development of an environmental monitoring program
21 for nuclear facilities other than nuclear power plants;
22 (3) Development of procedures for radiological
23 assessment and radiation exposure control for areas
24 surrounding each nuclear facility in Illinois;
25 (4) Radiological training of state and local emergency
26 response personnel in accordance with the Department's
27 responsibilities under the program;
28 (5) Participation in the development of accident
29 scenarios and in the exercising of fixed facility nuclear
30 emergency response plans;
31 (6) Development of mitigative emergency planning
32 standards including, but not limited to, standards pertaining
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1 to evacuations, re-entry into evacuated areas, contaminated
2 foodstuffs and contaminated water supplies;
3 (7) Provision of specialized response equipment
4 necessary to accomplish this task;
5 (8) Implementation of the Boiler and Pressure Vessel
6 Safety program at nuclear steam-generating facilities as
7 mandated by subsection C of Section 75-35 71 of the
8 Department of Nuclear Safety Law (20 ILCS 2005/75-35) Civil
9 Administrative Code of Illinois;
10 (9) Development and implementation of a plan for
11 inspecting and escorting all shipments of spent nuclear fuel
12 and high-level radioactive waste in Illinois; and
13 (10) Implementation of the program under the Illinois
14 Nuclear Facility Safety Act.
15 (b) The Department may incorporate data collected by the
16 operator of a nuclear facility into the Department's remote
17 monitoring system.
18 (c) The owners of each nuclear power reactor in Illinois
19 shall provide the Department all system status signals which
20 initiate Emergency Action Level Declarations, actuate
21 accident mitigation and provide mitigation verification as
22 directed by the Department. The Department shall designate
23 by rule those system status signals that must be provided.
24 Signals providing indication of operating power level shall
25 also be provided. The owners of the nuclear power reactors
26 shall, at their expense, ensure that valid signals will be
27 provided continuously 24 hours a day.
28 All such signals shall be provided in a manner and at a
29 frequency specified by the Department for incorporation into
30 and augmentation of the remote effluent monitoring system
31 specified in subsection (a) (1) of this Section. Provision
32 shall be made for assuring that such system status and power
33 level signals shall be available to the Department during
34 reactor operation as well as throughout accidents and
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1 subsequent recovery operations.
2 For nuclear reactors with operating licenses issued by
3 the Nuclear Regulatory Commission prior to the effective date
4 of this amendatory Act, such system status and power level
5 signals shall be provided to the Department by March 1, 1985.
6 For reactors without such a license on the effective date of
7 this amendatory Act, such signals shall be provided to the
8 Department prior to commencing initial fuel load for such
9 reactor. Nuclear reactors receiving their operating license
10 after the effective date of this amendatory Act, but before
11 July 1, 1985, shall provide such system status and power
12 level signals to the Department by September 1, 1985.
13 (Source: P.A. 86-901.)
14 Section 5-505. The Fireworks Regulation Act of Illinois
15 is amended by changing Section 21 as follows:
16 (425 ILCS 30/21) (from Ch. 127 1/2, par. 121)
17 Sec. 21. The manner of conducting hearings provided for
18 in section 20 of this Act shall conform, as nearly as may be,
19 to the provisions governing hearings set forth in Sections
20 80-100, 80-105, 80-110, 80-115, 80-120, and 80-125 60-c to
21 60-h, inclusive, of "the Department of Professional
22 Regulation Law (20 ILCS 2105/80-100, 2105/80-105,
23 2105/80-110, 2105/80-115, 2105/80-120, and 2105/80-125) Civil
24 Administrative Code of Illinois," approved March 7, 1917, as
25 amended.
26 (Source: Laws 1949, p. 715.)
27 Section 5-510. The Firearm Owners Identification Card Act
28 is amended by changing Section 15a as follows:
29 (430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
30 Sec. 15a. When this amendatory Act enacted by the
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1 Seventy-Sixth General Assembly takes effect the records of
2 the Department of Public Safety relating to the
3 administration of the Act amended shall be transferred to the
4 Department of State Police. All Firearm Owner's
5 Identification Cards issued by the Department of Public
6 Safety shall be valid for the period for which they were
7 issued unless revoked or seized in the manner provided in the
8 Act amended. The Department of State Police as the successor
9 to the Department of Public Safety shall have the rights,
10 powers and duties provided in, and be subject to the
11 provisions of Sections 5-95, 5-700, and 5-705 32, 33 and 34
12 of "the Departments of State Government Law (20 ILCS 5/5-95,
13 5/5-700, and 5/5-705) Civil Administrative Code of Illinois".
14 (Source: P.A. 84-25.)
15 Section 5-515. The Illinois Fertilizer Act of 1961 is
16 amended by changing Section 6a as follows:
17 (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
18 Sec. 6a. The Department is hereby authorized to
19 establish a program and expend appropriations for a
20 fertilizer research and education program dealing with the
21 relationship of fertilizer use to soil management, soil
22 fertility, plant nutrition problems, and for research on
23 environmental concerns which may be related to fertilizer
24 usage; for the dissemination of the results of such research;
25 and for other designated activities including educational
26 programs to promote the correct and effective usage of
27 fertilizer materials.
28 To assist in the development and administration of the
29 fertilizer research and education program, the Director is
30 authorized to establish a Fertilizer Research and Education
31 Council consisting of 9 persons. This council shall be
32 comprised of 3 persons representing the fertilizer industry,
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1 3 persons representing crop production, and 2 persons
2 representing the public at large. In the appointment of
3 persons to the council, the Director shall consult with
4 representative persons and recognized organizations in the
5 respective fields concerning such appointments. The Director
6 or his representative from the Department shall act as
7 chairman of the council. The Director shall call meetings
8 thereof from time to time or when requested by 3 or more
9 appointed members of the council.
10 The responsibilities of the Fertilizer Research and
11 Education Council are to:
12 (a) solicit research and education projects consistent
13 with the scope of the established fertilizer research and
14 education program;
15 (b) review and arrange for peer review of all research
16 proposals for scientific merit and methods, and review or
17 arrange for the review of all proposals for their merit,
18 objective, methods and procedures;
19 (c) evaluate the proposed budget for the projects and
20 make recommendations as necessary; and
21 (d) monitor the progress of projects and report at least
22 once each 6 months on each project's accomplishments to the
23 Director and Board of Agricultural Advisors.
24 The Fertilizer Research and Education Council shall at
25 least annually recommend projects to be approved and funded
26 including recommendations on continuation or cancellation of
27 authorized and ongoing projects to the Board of Agricultural
28 Advisors, which is created in Section 5-525 6.01 of the
29 Departments of State Government Law (20 ILCS 5/5-525) Civil
30 Administrative Code of Illinois. The Board of Agricultural
31 Advisors shall review the proposed projects and
32 recommendations of the Fertilizer Research and Education
33 Council and recommend to the Director what projects shall be
34 approved and their priority. In the case of authorized and
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1 ongoing projects, the Board of Agricultural Advisors shall
2 recommend to the Director the continuation or cancellation of
3 such projects.
4 When the Director, the Board of Agricultural Advisors,
5 and the Fertilizer Research and Education Council approve a
6 project and subject to available appropriations, the Director
7 shall grant funds to the person originating the proposal.
8 (Source: P.A. 86-232.)
9 Section 5-520. The Illinois Highway Code is amended by
10 changing Section 4-101.15 as follows:
11 (605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
12 Sec. 4-101.15. The Department of Central Management
13 Services shall procure for or in behalf of each State highway
14 employee, without cost to him, public liability insurance
15 protecting him against any liability arising out of his
16 employment to the extent of the insurance policy limits not
17 exceeding $100,000 or include each such employee under a
18 self-insurance plan implemented under Section 25-105 64.1 of
19 the Department of Central Management Services Law (20 ILCS
20 405/25-105) Civil Administrative Code of Illinois.
21 (Source: P.A. 82-789.)
22 Section 5-525. The Illinois and Michigan Canal
23 Development Act is amended by changing Section 9 as follows:
24 (615 ILCS 45/9) (from Ch. 19, par. 37.19)
25 Sec. 9. The Department of Natural Resources, upon proper
26 application made thereto, is authorized, subject to the
27 approval of the Governor, to sell, transfer, or convey Canal
28 lands to any department or agency of the United States
29 Government or transfer jurisdiction and control over such
30 lands, pursuant to the provisions of Section 105-550 49.12 of
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1 the Department of Transportation Law (20 ILCS 2705/105-550)
2 "Civil Administrative Code of Illinois" as amended, to any
3 department or agency of the State of Illinois or convey to
4 any political subdivision thereof, or any quasi public board
5 or agency having present or immediate future need for said
6 Canal land for public recreation, parks, historic sites, or
7 other projects of public nature upon such terms as may be
8 mutually agreed upon by the parties in interest if such sale,
9 transfer or conveyance is in accordance with the master plan
10 for the development and management of the Canal. Said
11 transfer, sale, or conveyance shall contain such conditions
12 and stipulations as the Department may deem necessary to
13 preserve the best interest of the State of Illinois.
14 (Source: P.A. 89-445, eff. 2-7-96.)
15 Section 5-530. The Illinois Vehicle Code is amended by
16 changing Sections 2-119 and 10-101 as follows:
17 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
18 Sec. 2-119. Disposition of fees and taxes.
19 (a) All moneys received from Salvage Certificates shall
20 be deposited in the Common School Fund in the State Treasury.
21 (b) Beginning January 1, 1990 and concluding December
22 31, 1994, of the money collected for each certificate of
23 title, duplicate certificate of title and corrected
24 certificate of title, $0.50 shall be deposited into the Used
25 Tire Management Fund. Beginning January 1, 1990 and
26 concluding December 31, 1994, of the money collected for each
27 certificate of title, duplicate certificate of title and
28 corrected certificate of title, $1.50 shall be deposited in
29 the Park and Conservation Fund. Beginning January 1, 1995,
30 of the money collected for each certificate of title,
31 duplicate certificate of title and corrected certificate of
32 title, $2 shall be deposited in the Park and Conservation
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1 Fund. The moneys deposited in the Park and Conservation Fund
2 pursuant to this Section shall be used for the acquisition
3 and development of bike paths as provided for in Section
4 40-420 63a36 of the Department of Natural Resources
5 (Conservation) Law (20 ILCS 805/40-420) Civil Administrative
6 Code of Illinois. Except as otherwise provided in this Code,
7 all remaining moneys collected for certificates of title, and
8 all moneys collected for filing of security interests, shall
9 be placed in the General Revenue Fund in the State Treasury.
10 (c) All moneys collected for that portion of a driver's
11 license fee designated for driver education under Section
12 6-118 shall be placed in the Driver Education Fund in the
13 State Treasury.
14 (d) Prior to December 28, 1989, of the monies collected
15 as a registration fee for each motorcycle, motor driven cycle
16 and motorized pedalcycle, $4 of each annual registration fee
17 for such vehicle and $2 of each semiannual registration fee
18 for such vehicle is deposited in the Cycle Rider Safety
19 Training Fund. Beginning on December 28, 1989 and until
20 January 1, 1992, of the monies collected as a registration
21 fee for each motorcycle, motor driven cycle and motorized
22 pedalcycle, $6 of each annual registration fee for such
23 vehicle and $3 of each semiannual registration fee for such
24 vehicle shall be deposited in the Cycle Rider Safety Training
25 Fund.
26 Beginning January 1, 1992 and until January 1, 1994, of
27 the monies collected as a registration fee for each
28 motorcycle, motor driven cycle and motorized pedalcycle, $7
29 of each annual registration fee for such vehicle and $3.50 of
30 each semiannual registration fee for such vehicle is
31 deposited in the Cycle Rider Safety Training Fund.
32 Beginning January 1, 1994, of the monies collected as a
33 registration fee for each motorcycle, motor driven cycle and
34 motorized pedalcycle, $8 of each annual registration fee for
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1 such vehicle and $4 of each semiannual registration fee for
2 such vehicle is deposited in the Cycle Rider Safety Training
3 Fund.
4 (e) Of the monies received by the Secretary of State as
5 registration fees or taxes or as payment of any other fee, as
6 provided in this Act, except fees received by the Secretary
7 under paragraph (7) of subsection (b) of Section 5-101 and
8 Section 5-109 of this Code, 37% shall be deposited into the
9 State Construction Fund.
10 (f) Of the total money collected for a CDL instruction
11 permit or original or renewal issuance of a commercial
12 driver's license (CDL) pursuant to the Uniform Commercial
13 Driver's License Act (UCDLA), $6 of the total fee for an
14 original or renewal CDL, and $6 of the total CDL instruction
15 permit fee when such permit is issued to any person holding a
16 valid Illinois driver's license, shall be paid into the
17 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
18 Information System/American Association of Motor Vehicle
19 Administrators network Trust Fund) and shall be used for the
20 purposes provided in Section 6z-23 of the State Finance Act.
21 (g) All remaining moneys received by the Secretary of
22 State as registration fees or taxes or as payment of any
23 other fee, as provided in this Act, except fees received by
24 the Secretary under paragraph (7) of subsection (b) of
25 Section 5-101 and Section 5-109 of this Code, shall be
26 deposited in the Road Fund in the State Treasury. Moneys in
27 the Road Fund shall be used for the purposes provided in
28 Section 8.3 of the State Finance Act.
29 (h) (Blank).
30 (i) (Blank).
31 (j) (Blank).
32 (k) There is created in the State Treasury a special
33 fund to be known as the Secretary of State Special License
34 Plate Fund. Money deposited into the Fund shall, subject to
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1 appropriation, be used by the Office of the Secretary of
2 State (i) to help defray plate manufacturing and plate
3 processing costs for the issuance and, when applicable,
4 renewal of any new or existing special registration plates
5 authorized under this Code and (ii) for grants made by the
6 Secretary of State to benefit Illinois Veterans Home
7 libraries.
8 On or before October 1, 1995, the Secretary of State
9 shall direct the State Comptroller and State Treasurer to
10 transfer any unexpended balance in the Special Environmental
11 License Plate Fund, the Special Korean War Veteran License
12 Plate Fund, and the Retired Congressional License Plate Fund
13 to the Secretary of State Special License Plate Fund.
14 (l) The Motor Vehicle Review Board Fund is created as a
15 special fund in the State Treasury. Moneys deposited into
16 the Fund under paragraph (7) of subsection (b) of Section
17 5-101 and Section 5-109 shall, subject to appropriation, be
18 used by the Office of the Secretary of State to administer
19 the Motor Vehicle Review Board, including without limitation
20 payment of compensation and all necessary expenses incurred
21 in administering the Motor Vehicle Review Board under the
22 Motor Vehicle Franchise Act.
23 (m) Effective July 1, 1996, there is created in the
24 State Treasury a special fund to be known as the Family
25 Responsibility Fund. Moneys deposited into the Fund shall,
26 subject to appropriation, be used by the Office of the
27 Secretary of State for the purpose of enforcing the Family
28 Financial Responsibility Law.
29 (n) The Illinois Fire Fighters' Memorial Fund is created
30 as a special fund in the State Treasury. Moneys deposited
31 into the Fund shall, subject to appropriation, be used by the
32 Office of the State Fire Marshal for construction of the
33 Illinois Fire Fighters' Memorial to be located at the State
34 Capitol grounds in Springfield, Illinois. Upon the
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1 completion of the Memorial, the Office of the State Fire
2 Marshal shall certify to the State Treasurer that
3 construction of the Memorial has been completed.
4 (o) Of the money collected for each certificate of title
5 for all-terrain vehicles and off-highway motorcycles, $17
6 shall be deposited into the Off-Highway Vehicle Trails Fund.
7 (Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
8 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
9 8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff.
10 1-1-98.)
11 (625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
12 Sec. 10-101. Insurance. (a) Any public entity or
13 corporation may insure against the liability imposed by law
14 and may insure persons who are legally entitled to recover
15 damages from owners and operators of uninsured motor vehicles
16 and hit-and-run motor vehicles because of bodily injury,
17 sickness or disease including death incurred while using a
18 motor vehicle of such public entity or corporation with any
19 insurance carrier duly authorized to transact business in
20 this State and the premium for such insurance shall be a
21 proper charge against the general fund or any applicable
22 special fund of such entity or corporation.
23 (b) Every employee of the State, who operates for
24 purposes of State business a vehicle not owned, leased or
25 controlled by the State shall procure insurance in the limit
26 of the amounts of liability not less than the amounts
27 required in Section 7-203 of this Act. The State may provide
28 such insurance for the benefit of, and without cost to, such
29 employees and may include such coverage in a plan of
30 self-insurance under Section 25-105 35.9 of "the Department
31 of Central Management Services Law (20 ILCS 405/25-105) Civil
32 Administrative Code of Illinois". The State may also obtain
33 uninsured or hit-and-run vehicle coverage, as defined in
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1 Section 143a of the "Illinois Insurance Code". Any public
2 liability insurance furnished by the State under this
3 Section shall be under the policy or policies contracted for
4 or under a self-insurance plan implemented by the Department
5 of Central Management Services pursuant to Section 25-105
6 64.1 of "the Department of Central Management Services Law
7 (20 ILCS 405/25-105) Civil Administrative Code of Illinois",
8 the costs for procuring such insurance to be charged,
9 collected and received as provided in that Section 25-105
10 64.1.
11 (Source: P.A. 82-789.)
12 Section 5-535. The Criminal Code of 1961 is amended by
13 changing Section 32-2 as follows:
14 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
15 Sec. 32-2. Perjury. (a) A person commits perjury when,
16 under oath or affirmation, in a proceeding or in any other
17 matter where by law such oath or affirmation is required, he
18 makes a false statement, material to the issue or point in
19 question, which he does not believe to be true.
20 (b) Proof of Falsity.
21 An indictment or information for perjury alleging that
22 the offender, under oath, has made contradictory statements,
23 material to the issue or point in question, in the same or in
24 different proceedings, where such oath or affirmation is
25 required, need not specify which statement is false. At the
26 trial, the prosecution need not establish which statement is
27 false.
28 (c) Admission of Falsity.
29 Where the contradictory statements are made in the same
30 continuous trial, an admission by the offender in that same
31 continuous trial of the falsity of a contradictory statement
32 shall bar prosecution therefor under any provisions of this
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1 Code.
2 (d) A person shall be exempt from prosecution under
3 subsection (a) of this Section if he is a peace officer who
4 uses a false or fictitious name in the enforcement of the
5 criminal laws, and such use is approved in writing as
6 provided in Section 10-1 of "The Liquor Control Act of 1934",
7 as amended, Section 5 of "An Act in relation to the use of an
8 assumed name in the conduct or transaction of business in
9 this State", approved July 17, 1941, as amended, or Section
10 100-200 55a of the Department of State Police Law (20 ILCS
11 2605/100-200) Civil Administrative Code of Illinois, as
12 amended. However, this exemption shall not apply to testimony
13 in judicial proceedings where the identity of the peace
14 officer is material to the issue, and he is ordered by the
15 court to disclose his identity.
16 (e) Sentence.
17 Perjury is a Class 3 felony.
18 (Source: P.A. 84-1308.)
19 Section 5-540. The Illinois Controlled Substances Act is
20 amended by changing Section 305 as follows:
21 (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
22 Sec. 305. (a) Before denying, refusing renewal of,
23 suspending or revoking a registration, the Department of
24 Professional Regulation shall serve upon the applicant or
25 registrant, by registered mail at the address in the
26 application or registration or by any other means authorized
27 under the Civil Practice Law or Rules of the Illinois Supreme
28 Court for the service of summons or subpoenas, a notice of
29 hearing to determine why registration should not be denied,
30 refused renewal, suspended or revoked. The notice shall
31 contain a statement of the basis therefor and shall call upon
32 the applicant or registrant to appear before the Department
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1 of Professional Regulation at a reasonable time and place.
2 These proceedings shall be conducted in accordance with
3 Sections 80-5, 80-15, 80-100, 80-105, 80-110, 80-115, 80-120,
4 80-125, 80-175, and 80-325 60, 60a, 60b, 60c, 60d, 60e, 60f,
5 60g, and 60h of the Department of Professional Regulation Law
6 (20 ILCS 2105/80-5, 2105/80-15, 2105/80-100, 2105/80-105,
7 2105/80-110, 2105/80-115, 2105/80-120, 2105/80-125,
8 2105/80-175, and 2105/80-325) Civil Administrative Code of
9 Illinois, without regard to any criminal prosecution or other
10 proceeding. Except as authorized in subsection (c),
11 proceedings to refuse renewal or suspend or revoke
12 registration shall not abate the existing registration, which
13 shall remain in effect until the Department of Professional
14 Regulation has held the hearing called for in the notice and
15 found, with input from the appropriate licensure or
16 disciplinary board, that the registration shall no longer
17 remain in effect.
18 (b) The Director may appoint an attorney duly licensed
19 to practice law in the State of Illinois to serve as the
20 hearing officer in any action to deny, refuse to renew,
21 suspend, or revoke, or take any other disciplinary action
22 with regard to a registration. The hearing officer shall
23 have full authority to conduct the hearing. The hearing
24 officer shall report his or her findings and recommendations
25 to the appropriate licensure or disciplinary board within 30
26 days after receiving the record. The Disciplinary Board
27 shall have 60 days from receipt of the report to review the
28 report of the hearing officer and present its findings of
29 fact, conclusions of law, and recommendations to the
30 Director.
31 (c) If the Department of Professional Regulation finds
32 that there is an imminent danger to the public health or
33 safety by the continued manufacture, distribution or
34 dispensing of controlled substances by the registrant, the
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1 Department of Professional Regulation may, upon the issuance
2 of a written ruling stating the reasons for such finding and
3 without notice or hearing, suspend such registrant. The
4 suspension shall continue in effect for not more than 14 days
5 during which time the registrant shall be given a hearing on
6 the issues involved in the suspension. If after the hearing,
7 and after input from the appropriate licensure or
8 disciplinary board, the Department of Professional Regulation
9 finds that the public health or safety requires the
10 suspension to remain in effect it shall so remain until the
11 ruling is terminated by its own terms or subsequent ruling or
12 is dissolved by a circuit court upon determination that the
13 suspension was wholly without basis in fact and law.
14 (d) If, after a hearing as provided in subsection (a),
15 the Department of Professional Regulation finds that a
16 registration should be refused renewal, suspended or revoked,
17 a written ruling to that effect shall be entered. The
18 Department of Professional Regulation's ruling shall remain
19 in effect until the ruling is terminated by its own terms or
20 subsequent ruling or is dissolved by a circuit court upon a
21 determination that the refusal to renew suspension or
22 revocation was wholly without basis in fact and law.
23 (Source: P.A. 88-142.)
24 Section 5-545. The Unified Code of Corrections is amended
25 by changing Sections 3-2-2, 3-5-3, and 3-11-1 as follows:
26 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
27 Sec. 3-2-2. Powers and Duties of the Department.
28 (1) In addition to the powers, duties and
29 responsibilities which are otherwise provided by law, the
30 Department shall have the following powers:
31 (a) To accept persons committed to it by the courts of
32 this State for care, custody, treatment and rehabilitation.
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1 (b) To develop and maintain reception and evaluation
2 units for purposes of analyzing the custody and
3 rehabilitation needs of persons committed to it and to assign
4 such persons to institutions and programs under its control
5 or transfer them to other appropriate agencies. In
6 consultation with the Department of Alcoholism and Substance
7 Abuse (now the Department of Human Services), the Department
8 of Corrections shall develop a master plan for the screening
9 and evaluation of persons committed to its custody who have
10 alcohol or drug abuse problems, and for making appropriate
11 treatment available to such persons; the Department shall
12 report to the General Assembly on such plan not later than
13 April 1, 1987. The maintenance and implementation of such
14 plan shall be contingent upon the availability of funds.
15 (b-5) To develop, in consultation with the Department of
16 State Police, a program for tracking and evaluating each
17 inmate from commitment through release for recording his or
18 her gang affiliations, activities, or ranks.
19 (c) To maintain and administer all State correctional
20 institutions and facilities under its control and to
21 establish new ones as needed. Pursuant to its power to
22 establish new institutions and facilities, the Department
23 may, with the written approval of the Governor, authorize the
24 Department of Central Management Services to enter into an
25 agreement of the type described in subsection (d) of Section
26 25-300 67.02 of the Department of Central Management Services
27 Law (20 ILCS 405/25-300) Civil Administrative Code of
28 Illinois. The Department shall designate those institutions
29 which shall constitute the State Penitentiary System.
30 Pursuant to its power to establish new institutions and
31 facilities, the Department may authorize the Department of
32 Central Management Services to accept bids from counties and
33 municipalities for the construction, remodeling or conversion
34 of a structure to be leased to the Department of Corrections
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1 for the purposes of its serving as a correctional institution
2 or facility. Such construction, remodeling or conversion may
3 be financed with revenue bonds issued pursuant to the
4 Industrial Building Revenue Bond Act by the municipality or
5 county. The lease specified in a bid shall be for a term of
6 not less than the time needed to retire any revenue bonds
7 used to finance the project, but not to exceed 40 years. The
8 lease may grant to the State the option to purchase the
9 structure outright.
10 Upon receipt of the bids, the Department may certify one
11 or more of the bids and shall submit any such bids to the
12 General Assembly for approval. Upon approval of a bid by a
13 constitutional majority of both houses of the General
14 Assembly, pursuant to joint resolution, the Department of
15 Central Management Services may enter into an agreement with
16 the county or municipality pursuant to such bid.
17 (c-5) To build and maintain regional juvenile detention
18 centers and to charge a per diem to the counties as
19 established by the Department to defray the costs of housing
20 each minor in a center. In this subsection (c-5), "juvenile
21 detention center" means a facility to house minors during
22 pendency of trial who have been transferred from proceedings
23 under the Juvenile Court Act of 1987 to prosecutions under
24 the criminal laws of this State in accordance with Section
25 5-4 of the Juvenile Court Act of 1987, whether the transfer
26 was by operation of law or permissive under that Section.
27 The Department shall designate the counties to be served by
28 each regional juvenile detention center.
29 (d) To develop and maintain programs of control,
30 rehabilitation and employment of committed persons within its
31 institutions.
32 (e) To establish a system of supervision and guidance of
33 committed persons in the community.
34 (f) To establish in cooperation with the Department of
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1 Transportation to supply a sufficient number of prisoners for
2 use by the Department of Transportation to clean up the trash
3 and garbage along State, county, township, or municipal
4 highways as designated by the Department of Transportation.
5 The Department of Corrections, at the request of the
6 Department of Transportation, shall furnish such prisoners at
7 least annually for a period to be agreed upon between the
8 Director of Corrections and the Director of Transportation.
9 The prisoners used on this program shall be selected by the
10 Director of Corrections on whatever basis he deems proper in
11 consideration of their term, behavior and earned eligibility
12 to participate in such program - where they will be outside
13 of the prison facility but still in the custody of the
14 Department of Corrections. Prisoners convicted of first
15 degree murder, or a Class X felony, or armed violence, or
16 aggravated kidnapping, or criminal sexual assault,
17 aggravated criminal sexual abuse or a subsequent conviction
18 for criminal sexual abuse, or forcible detention, or arson,
19 or a prisoner adjudged a Habitual Criminal shall not be
20 eligible for selection to participate in such program. The
21 prisoners shall remain as prisoners in the custody of the
22 Department of Corrections and such Department shall furnish
23 whatever security is necessary. The Department of
24 Transportation shall furnish trucks and equipment for the
25 highway cleanup program and personnel to supervise and direct
26 the program. Neither the Department of Corrections nor the
27 Department of Transportation shall replace any regular
28 employee with a prisoner.
29 (g) To maintain records of persons committed to it and
30 to establish programs of research, statistics and planning.
31 (h) To investigate the grievances of any person
32 committed to the Department, to inquire into any alleged
33 misconduct by employees or committed persons, and to
34 investigate the assets of committed persons to implement
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1 Section 3-7-6 of this Code; and for these purposes it may
2 issue subpoenas and compel the attendance of witnesses and
3 the production of writings and papers, and may examine under
4 oath any witnesses who may appear before it; to also
5 investigate alleged violations of a parolee's or releasee's
6 conditions of parole or release; and for this purpose it may
7 issue subpoenas and compel the attendance of witnesses and
8 the production of documents only if there is reason to
9 believe that such procedures would provide evidence that such
10 violations have occurred.
11 If any person fails to obey a subpoena issued under this
12 subsection, the Director may apply to any circuit court to
13 secure compliance with the subpoena. The failure to comply
14 with the order of the court issued in response thereto shall
15 be punishable as contempt of court.
16 (i) To appoint and remove the chief administrative
17 officers, and administer programs of training and development
18 of personnel of the Department. Personnel assigned by the
19 Department to be responsible for the custody and control of
20 committed persons or to investigate the alleged misconduct of
21 committed persons or employees or alleged violations of a
22 parolee's or releasee's conditions of parole shall be
23 conservators of the peace for those purposes, and shall have
24 the full power of peace officers outside of the facilities of
25 the Department in the protection, arrest, retaking and
26 reconfining of committed persons or where the exercise of
27 such power is necessary to the investigation of such
28 misconduct or violations.
29 (j) To cooperate with other departments and agencies and
30 with local communities for the development of standards and
31 programs for better correctional services in this State.
32 (k) To administer all moneys and properties of the
33 Department.
34 (l) To report annually to the Governor on the committed
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1 persons, institutions and programs of the Department.
2 (l-5) In a confidential annual report to the Governor,
3 the Department shall identify all inmate gangs by specifying
4 each current gang's name, population and allied gangs. The
5 Department shall further specify the number of top leaders
6 identified by the Department for each gang during the past
7 year, and the measures taken by the Department to segregate
8 each leader from his or her gang and allied gangs. The
9 Department shall further report the current status of leaders
10 identified and segregated in previous years. All leaders
11 described in the report shall be identified by inmate number
12 or other designation to enable tracking, auditing, and
13 verification without revealing the names of the leaders.
14 Because this report contains law enforcement intelligence
15 information collected by the Department, the report is
16 confidential and not subject to public disclosure.
17 (m) To make all rules and regulations and exercise all
18 powers and duties vested by law in the Department.
19 (n) To establish rules and regulations for administering
20 a system of good conduct credits, established in accordance
21 with Section 3-6-3, subject to review by the Prisoner Review
22 Board.
23 (o) To administer the distribution of funds from the
24 State Treasury to reimburse counties where State penal
25 institutions are located for the payment of assistant state's
26 attorneys' salaries under Section 4-2001 of the Counties
27 Code.
28 (p) To exchange information with the Department of Human
29 Services and the Illinois Department of Public Aid for the
30 purpose of verifying living arrangements and for other
31 purposes directly connected with the administration of this
32 Code and the Illinois Public Aid Code.
33 (q) To establish a diversion program.
34 The program shall provide a structured environment for
-695- LRB9009239DJcd
1 selected technical parole or mandatory supervised release
2 violators and committed persons who have violated the rules
3 governing their conduct while in work release. This program
4 shall not apply to those persons who have committed a new
5 offense while serving on parole or mandatory supervised
6 release or while committed to work release.
7 Elements of the program shall include, but shall not be
8 limited to, the following:
9 (1) The staff of a diversion facility shall provide
10 supervision in accordance with required objectives set by
11 the facility.
12 (2) Participants shall be required to maintain
13 employment.
14 (3) Each participant shall pay for room and board
15 at the facility on a sliding-scale basis according to the
16 participant's income.
17 (4) Each participant shall:
18 (A) provide restitution to victims in
19 accordance with any court order;
20 (B) provide financial support to his
21 dependents; and
22 (C) make appropriate payments toward any other
23 court-ordered obligations.
24 (5) Each participant shall complete community
25 service in addition to employment.
26 (6) Participants shall take part in such
27 counseling, educational and other programs as the
28 Department may deem appropriate.
29 (7) Participants shall submit to drug and alcohol
30 screening.
31 (8) The Department shall promulgate rules governing
32 the administration of the program.
33 (r) To enter into intergovernmental cooperation
34 agreements under which persons in the custody of the
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1 Department may participate in a county impact incarceration
2 program established under Section 3-6038 or 3-15003.5 of the
3 Counties Code.
4 (r-5) To enter into intergovernmental cooperation
5 agreements under which minors adjudicated delinquent and
6 committed to the Department of Corrections, Juvenile
7 Division, may participate in a county juvenile impact
8 incarceration program established under Section 3-6039 of the
9 Counties Code.
10 (r-10) To systematically and routinely identify with
11 respect to each streetgang active within the correctional
12 system: (1) each active gang; (2) every existing inter-gang
13 affiliation or alliance; and (3) the current leaders in each
14 gang. The Department shall promptly segregate leaders from
15 inmates who belong to their gangs and allied gangs.
16 "Segregate" means no physical contact and, to the extent
17 possible under the conditions and space available at the
18 correctional facility, prohibition of visual and sound
19 communication. For the purposes of this paragraph (r-10),
20 "leaders" means persons who:
21 (i) are members of a criminal streetgang;
22 (ii) with respect to other individuals within the
23 streetgang, occupy a position of organizer, supervisor,
24 or other position of management or leadership; and
25 (iii) are actively and personally engaged in
26 directing, ordering, authorizing, or requesting
27 commission of criminal acts by others, which are
28 punishable as a felony, in furtherance of streetgang
29 related activity both within and outside of the
30 Department of Corrections.
31 "Streetgang", "gang", and "streetgang related" have the
32 meanings ascribed to them in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act.
34 (s) To operate a super-maximum security institution, in
-697- LRB9009239DJcd
1 order to manage and supervise inmates who are disruptive or
2 dangerous and provide for the safety and security of the
3 staff and the other inmates.
4 (t) To monitor any unprivileged conversation or any
5 unprivileged communication, whether in person or by mail,
6 telephone, or other means, between an inmate who, before
7 commitment to the Department, was a member of an organized
8 gang and any other person without the need to show cause or
9 satisfy any other requirement of law before beginning the
10 monitoring, except as constitutionally required. The
11 monitoring may be by video, voice, or other method of
12 recording or by any other means. As used in this subdivision
13 (1)(t), "organized gang" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 As used in this subdivision (1)(t), "unprivileged
17 conversation" or "unprivileged communication" means a
18 conversation or communication that is not protected by any
19 privilege recognized by law or by decision, rule, or order of
20 the Illinois Supreme Court.
21 (u) To do all other acts necessary to carry out the
22 provisions of this Chapter.
23 (2) The Department of Corrections shall by January 1,
24 1998, consider building and operating a correctional facility
25 within 100 miles of a county of over 2,000,000 inhabitants,
26 especially a facility designed to house juvenile participants
27 in the impact incarceration program.
28 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
29 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
30 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
31 eff. 12-31-96; 90-14, eff. 7-1-97.)
32 (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
33 Sec. 3-5-3. Annual and other Reports. (a) The Director
-698- LRB9009239DJcd
1 shall make an annual report to the Governor under Section
2 5-650 25 of the Departments of State Government Law (20 ILCS
3 5/5-650) Civil Administrative Code of Illinois, concerning
4 the state and condition of all persons committed to the
5 Department, its institutions, facilities and programs, of all
6 moneys expended and received, and on what accounts expended
7 and received. The report may also include an abstract of all
8 reports made to the Department by individual institutions,
9 facilities or programs during the preceding year.
10 (b) The Director shall make an annual report to the
11 Governor and to the State Legislature on any inadequacies in
12 the institutions, facilities or programs of the Department
13 and also such amendments to the laws of the State which in
14 his judgment are necessary in order to best advance the
15 purposes of this Code.
16 (c) The Director may require such reports from division
17 administrators, chief administrative officers and other
18 personnel as he deems necessary for the administration of the
19 Department.
20 (d) The Department of Corrections shall, by January 1,
21 1990, January 1, 1991, and every 2 years thereafter, transmit
22 to the Governor and the General Assembly a 5 year long range
23 planning document for adult female offenders under the
24 Department's supervision. The document shall detail how the
25 Department plans to meet the housing, educational/training,
26 Correctional Industries and programming needs of the
27 escalating adult female offender population.
28 (Source: P.A. 86-1001.)
29 (730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
30 Sec. 3-11-1. Furloughs. (a) The Department may extend
31 the limits of the place of confinement of a committed person
32 under prescribed conditions, so that he may leave such place
33 on a furlough. Whether or not such person is to be
-699- LRB9009239DJcd
1 accompanied on furlough shall be determined by the chief
2 administrative officer. The Department may make an
3 appropriate charge for the necessary expenses of accompanying
4 a person on furlough. Such furloughs may be granted for a
5 period of time not to exceed 14 days, for any of the
6 following purposes:
7 (1) to visit a spouse, child (including a stepchild or
8 adopted child), parent (including a stepparent or foster
9 parent), grandparent (including stepgrandparent) or brother
10 or sister who is seriously ill or to attend the funeral of
11 any such person; or
12 (2) to obtain medical, psychiatric or psychological
13 services when adequate services are not otherwise available;
14 or
15 (3) to make contacts for employment; or
16 (4) to secure a residence upon release on parole or
17 discharge; or
18 (5) to visit such person's family; or
19 (6) to appear before various educational panels, study
20 groups, educational units, and other groups whose purpose is
21 obtaining an understanding of the results, causes and
22 prevention of crime and criminality, including appearances on
23 television and radio programs.
24 (b) Furloughs may be granted for any period of time
25 under paragraph 13 of Section 100-525 55a of the Department
26 of State Police Law (20 ILCS 2605/100-525) Civil
27 Administrative Code of Illinois.
28 (c) In any case where the person furloughed is not to be
29 accompanied on furlough, the Department of Corrections shall
30 give prior notice of the intended furlough to the State's
31 Attorney of the county from which the offender was sentenced
32 originally, the State's Attorney of the county where the
33 furlough is to occur, and to the Sheriff of the county where
34 the furlough is to occur. Said prior notice is to be in
-700- LRB9009239DJcd
1 writing except in situations where the reason for the
2 furlough is of such an emergency nature that previous written
3 notice would not be possible. In such cases, oral notice of
4 the furlough shall occur.
5 (Source: P.A. 86-820.)
6 Section 5-550. The Illinois Human Rights Act is amended
7 by changing Section 7-105 as follows:
8 (775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
9 Sec. 7-105. Equal Employment Opportunities; Affirmative
10 Action. In order to establish and effectuate the policies of
11 equal employment opportunity and affirmative action, the
12 Department shall, with respect to state executive
13 departments, boards, commissions and instrumentalities and
14 any party to a public contract:
15 (A) Policies; Rules; Regulations. Establish equal
16 employment opportunity and affirmative action policies, rules
17 and regulations which specify plans, programs and reporting
18 procedures. Such rules may provide for exemptions or
19 modifications as may be necessary to assure the continuity of
20 federal requirements in State agencies supported in whole or
21 in part by federal funds.
22 (B) Minimum Compliance Criteria. Establish minimum
23 compliance criteria and procedures for evaluating equal
24 employment opportunity and affirmative action programs and
25 plans.
26 (C) Technical Assistance. Provide technical assistance,
27 training, and advice for the establishment and implementation
28 of required programs.
29 (D) Meetings. Hold meetings at least annually with the
30 head of each State agency and when necessary with any party
31 to a public contract to:
32 (1) Review equal employment opportunity plans and
-701- LRB9009239DJcd
1 progress, performance and problems in meeting equal
2 opportunity goals.
3 (2) Recommend appropriate changes to the plans and
4 procedures and the methods employed to implement the
5 plans.
6 (E) Report. Include within its annual report, filed
7 pursuant to Section 5-650 25 of the Departments of State
8 Government Law (20 ILCS 5/5-650) Civil Administrative Code,
9 the progress, performance, and problems of meeting equal
10 opportunity goals, and the identity of any State agency which
11 fails to comply with the requirements of this Act and the
12 circumstances surrounding such violation.
13 (F) Personnel Operations. Periodically review personnel
14 operations of State agencies to assure their conformity with
15 this Act and the agency's plan.
16 (G) Equal Employment Opportunity Officers. Approve the
17 appointment of equal employment opportunity officers hired
18 pursuant to subparagraph (4) of paragraph (B) of Section
19 2-105.
20 (H) Enforcement. Require State agencies which fail to
21 meet their affirmative action and equal employment
22 opportunity goals by equal employment opportunity category to
23 establish necessary training programs for preparation and
24 promotion of the category of individuals affected by the
25 failure. An agency required to establish training programs
26 under this subsection shall do so in cooperation with the
27 Department of Central Management Services as provided in
28 Section 25-125 67.31 of the Department of Central Management
29 Services Law (20 ILCS 405/25-125) Civil Administrative Code
30 of Illinois.
31 The Department by rule or regulation shall provide for
32 the implementation of this subsection. Such rules or
33 regulations shall prescribe but not be limited to the
34 following:
-702- LRB9009239DJcd
1 (1) the circumstances and conditions which
2 constitute an agency's failure to meet its affirmative
3 action and equal employment opportunity goals;
4 (2) the time period for measuring success or
5 failure in reaching affirmative action and equal
6 employment opportunity goals; and
7 (3) that training programs shall be limited to
8 State employees.
9 This subsection shall not be construed to conflict with
10 any contract between the State and any party which is
11 approved and ratified by or on September 11, 1990.
12 (Source: P.A. 86-1411; 86-1475.)
13 Section 5-555. The Assumed Business Name Act is amended
14 by changing Section 5 as follows:
15 (805 ILCS 405/5) (from Ch. 96, par. 8)
16 Sec. 5. Any person or persons carrying on, conducting or
17 transacting business as aforesaid, who shall fail to comply
18 with the provisions of this Act, shall be guilty of a Class C
19 misdemeanor, and each day any person or persons conducts
20 business in violation of this Act shall be deemed a separate
21 offense.
22 A person shall be exempt from prosecution for a violation
23 of this Act if he is a peace officer who uses a false or
24 fictitious business name in the enforcement of the criminal
25 laws; provided such use is approved in writing by one of the
26 following:
27 (a) In all counties, the respective State's Attorney;
28 (b) The Director of State Police under Section 100-200
29 55a of the Department of State Police Law (20 ILCS
30 2605/100-200) Civil Administrative Code of Illinois; or
31 (c) In cities over 1,000,000, the Superintendent of
32 Police.
-703- LRB9009239DJcd
1 (Source: P.A. 84-25.)
2 Section 5-560. The Uniform Commercial Code is amended by
3 changing Section 1-104a as follows:
4 (810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a)
5 Sec. 1-104a. Legislative Intent. If any provision of this
6 Act conflicts with Section 15-410 40.23 of the Department of
7 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
8 Code of Illinois, the provisions of that Section 15-410 40.23
9 of the Civil Administrative Code of Illinois control. If any
10 provision of this Act conflicts with the Grain Code, the
11 provisions of the Grain Code control.
12 (Source: P.A. 89-287, eff. 1-1-96.)
13 Section 5-565. The Employee Arbitration Act is amended by
14 changing Section 4 as follows:
15 (820 ILCS 35/4) (from Ch. 10, par. 22)
16 Sec. 4. Upon receipt of the application, and after such
17 notice, the Department shall proceed as before provided. The
18 decision, in the discretion of the Director of Labor, may be
19 published in the annual report to be made to the Governor on
20 or before the first day of December of each year, as required
21 by Section 5-650 25 of "the Departments of State Government
22 Law (20 ILCS 5/5-650) Civil Administrative Code of Illinois",
23 approved March 17, 1917, as amended.
24 (Source: Laws 1951, p. 447.)
25 Section 5-575. The Unemployment Insurance Act is amended
26 by changing Sections 243 and 1511 as follows:
27 (820 ILCS 405/243) (from Ch. 48, par. 353)
28 Sec. 243. "Board of Review" means the Board of Review
-704- LRB9009239DJcd
1 created by Section 5-125 5 of "the Departments of State
2 Government Law (20 ILCS 5/5-125) Civil Administrative Code of
3 Illinois," approved March 7, 1917, as amended.
4 (Source: Laws 1951, p. 32.)
5 (820 ILCS 405/1511) (from Ch. 48, par. 581)
6 Sec. 1511. Study of experience rating. The Employment
7 Security Advisory Board, created by Section 5-540 6.28 of the
8 Departments of State Government Law (20 ILCS 5/5-540) Civil
9 Administrative Code of Illinois, is hereby authorized and
10 directed to study and examine the present provisions of this
11 Act providing for experience rating, in order to determine
12 whether the rates of contribution will operate to replenish
13 the amount of benefits paid and to determine the effect of
14 experience rating upon labor and industry in this State.
15 The Board shall submit its findings and recommendations
16 based thereon to the General Assembly. The Board may employ
17 such experts and assistants as may be necessary to carry out
18 the provisions of this Section. All expenses incurred in the
19 making of this study, including the preparation and
20 submission of its findings and recommendations, shall be paid
21 in the same manner as is provided for the payment of costs of
22 administration of this Act.
23 (Source: P.A. 90-372, eff. 7-1-98.)
24 ARTICLE 10. REPEALS
25 (20 ILCS 605/46.20 rep.)
26 Section 10-5. The Civil Administrative Code of Illinois
27 is amended by repealing Section 46.20.
28 ARTICLE 95. NO ACCELERATION OR DELAY
29 Section 95-5. No acceleration or delay. Where this Act
-705- LRB9009239DJcd
1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 ARTICLE 99. EFFECTIVE DATE
8 Section 99-5. Effective date. This Act takes effect
9 January 1, 1999.
-706- LRB9009239DJcd
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 5/Art. 1 heading new
4 20 ILCS 5/1-1 new
5 was 20 ILCS 5/1 from Ch. 127, par. 1
6 20 ILCS 5/1-5 new
7 20 ILCS 5/Art. 5 heading new
8 20 ILCS 5/5-1 new
9 20 ILCS 5/5-5 new
10 was 20 ILCS 5/2 from Ch. 127, par. 2
11 20 ILCS 5/5-10 new
12 was 20 ILCS 5/2.1
13 20 ILCS 5/5-15 new
14 was 20 ILCS 5/3 from Ch. 127, par. 3
15 20 ILCS 5/5-20 new
16 was 20 ILCS 5/4 from Ch. 127, par. 4
17 20 ILCS 5/5-95 new
18 was 20 ILCS 5/34 from Ch. 127, par. 34
19 20 ILCS 5/5-100 new
20 was 20 ILCS 5/5 from Ch. 127, par. 5
21 20 ILCS 5/5-105 new
22 was 20 ILCS 5/5.14 from Ch. 127, par. 5.14
23 20 ILCS 5/5-110 new
24 was 20 ILCS 5/5.02 from Ch. 127, par. 5.02
25 20 ILCS 5/5-115 new
26 was 20 ILCS 5/5.13e from Ch. 127, par. 5.13e
27 20 ILCS 5/5-120 new
28 was 20 ILCS 5/5.13g from Ch. 127, par. 5.13g
29 20 ILCS 5/5-125 new
30 was 20 ILCS 5/5.13i from Ch. 127, par. 5.13i
31 20 ILCS 5/5-130 new
32 was 20 ILCS 5/5.13b from Ch. 127, par. 5.13b
33 20 ILCS 5/5-135 new
34 was 20 ILCS 5/5.13j
-707- LRB9009239DJcd
1 20 ILCS 5/5-140 new
2 was 20 ILCS 5/5.10 from Ch. 127, par. 5.10
3 20 ILCS 5/5-145 new
4 was 20 ILCS 5/5.03 from Ch. 127, par. 5.03
5 20 ILCS 5/5-150 new
6 was 20 ILCS 5/5.09 from Ch. 127, par. 5.09
7 20 ILCS 5/5-155 new
8 was 20 ILCS 5/5.04 from Ch. 127, par. 5.04
9 20 ILCS 5/5-160 new
10 was 20 ILCS 5/5.13h from Ch. 127, par. 5.13h
11 20 ILCS 5/5-165 new
12 was 20 ILCS 5/5.13c from Ch. 127, par. 5.13c
13 20 ILCS 5/5-170 new
14 was 20 ILCS 5/5.07 from Ch. 127, par. 5.07
15 20 ILCS 5/5-175 new
16 was 20 ILCS 5/5.12 from Ch. 127, par. 5.12
17 20 ILCS 5/5-180 new
18 was 20 ILCS 5/5.11 from Ch. 127, par. 5.11
19 20 ILCS 5/5-185 new
20 was 20 ILCS 5/5.05 from Ch. 127, par. 5.05
21 20 ILCS 5/5-190 new
22 was 20 ILCS 5/5.01a from Ch. 127, par. 5.01a
23 20 ILCS 5/5-200 new
24 was 20 ILCS 5/7.11 from Ch. 127, par. 7.11
25 20 ILCS 5/5-210 new
26 was 20 ILCS 5/7.08 from Ch. 127, par. 7.08
27 20 ILCS 5/5-215 new
28 was 20 ILCS 5/7.06 from Ch. 127, par. 7.06
29 20 ILCS 5/5-220 new
30 was 20 ILCS 5/7.07b
31 20 ILCS 5/5-225 new
32 was 20 ILCS 5/7.04 from Ch. 127, par. 7.04
33 20 ILCS 5/5-230 new
34 was 20 ILCS 5/7.09 from Ch. 127, par. 7.09
-708- LRB9009239DJcd
1 20 ILCS 5/5-235 new
2 was 20 ILCS 5/7.03 from Ch. 127, par. 7.03
3 20 ILCS 5/5-300 new
4 was 20 ILCS 5/9 from Ch. 127, par. 9
5 20 ILCS 5/5-305 new
6 was 20 ILCS 5/9.01 from Ch. 127, par. 9.01
7 20 ILCS 5/5-310 new
8 was 20 ILCS 5/9.21 from Ch. 127, par. 9.21
9 20 ILCS 5/5-315 new
10 was 20 ILCS 5/9.02 from Ch. 127, par. 9.02
11 20 ILCS 5/5-320 new
12 was 20 ILCS 5/9.19 from Ch. 127, par. 9.19
13 20 ILCS 5/5-325 new
14 was 20 ILCS 5/9.16 from Ch. 127, par. 9.16
15 20 ILCS 5/5-330 new
16 was 20 ILCS 5/9.18 from Ch. 127, par. 9.18
17 20 ILCS 5/5-335 new
18 was 20 ILCS 5/9.11a from Ch. 127, par. 9.11a
19 20 ILCS 5/5-340 new
20 was 20 ILCS 5/9.30 from Ch. 127, par. 9.30
21 20 ILCS 5/5-345 new
22 was 20 ILCS 5/9.15 from Ch. 127, par. 9.15
23 20 ILCS 5/5-350 new
24 was 20 ILCS 5/9.24 from Ch. 127, par. 9.24
25 20 ILCS 5/5-355 new
26 was 20 ILCS 5/9.05a
27 20 ILCS 5/5-360 new
28 was 20 ILCS 5/9.10 from Ch. 127, par. 9.10
29 20 ILCS 5/5-365 new
30 was 20 ILCS 5/9.03 from Ch. 127, par. 9.03
31 20 ILCS 5/5-370 new
32 was 20 ILCS 5/9.31 from Ch. 127, par. 9.31
33 20 ILCS 5/5-375 new
34 was 20 ILCS 5/9.09 from Ch. 127, par. 9.09
-709- LRB9009239DJcd
1 20 ILCS 5/5-380 new
2 was 20 ILCS 5/9.04 from Ch. 127, par. 9.04
3 20 ILCS 5/5-385 new
4 was 20 ILCS 5/9.25 from Ch. 127, par. 9.25
5 20 ILCS 5/5-390 new
6 was 20 ILCS 5/9.08 from Ch. 127, par. 9.08
7 20 ILCS 5/5-395 new
8 was 20 ILCS 5/9.17 from Ch. 127, par. 9.17
9 20 ILCS 5/5-400 new
10 was 20 ILCS 5/9.07 from Ch. 127, par. 9.07
11 20 ILCS 5/5-405 new
12 was 20 ILCS 5/9.12 from Ch. 127, par. 9.12
13 20 ILCS 5/5-410 new
14 was 20 ILCS 5/9.11 from Ch. 127, par. 9.11
15 20 ILCS 5/5-415 new
16 was 20 ILCS 5/9.05 from Ch. 127, par. 9.05
17 20 ILCS 5/5-420 new
18 was 20 ILCS 5/9.22 from Ch. 127, par. 9.22
19 20 ILCS 5/5-500 new
20 was 20 ILCS 5/6 from Ch. 127, par. 6
21 20 ILCS 5/5-505 new
22 was 20 ILCS 5/8 from Ch. 127, par. 8
23 20 ILCS 5/5-510 new
24 was 20 ILCS 5/8.1 from Ch. 127, par. 8.1
25 20 ILCS 5/5-515 new
26 was 20 ILCS 5/10 from Ch. 127, par. 10
27 20 ILCS 5/5-520 new
28 was 20 ILCS 5/6.27 from Ch. 127, par. 6.27
29 20 ILCS 5/5-525 new
30 was 20 ILCS 5/6.01 from Ch. 127, par. 6.01
31 20 ILCS 5/5-530 new
32 was 20 ILCS 5/6.01a from Ch. 127, par. 6.01a
33 20 ILCS 5/5-535 new
34 was 20 ILCS 5/6.15 from Ch. 127, par. 6.15
-710- LRB9009239DJcd
1 20 ILCS 5/5-540 new
2 was 20 ILCS 5/6.28 and 5/7from Ch. 127,
3 pars. 6.28 and 7.01
4 20 ILCS 5/5-545 new
5 was 20 ILCS 5/6.04 from Ch. 127, par. 6.04
6 20 ILCS 5/5-550 new
7 was 20 ILCS 5/6.23 from Ch. 127, par. 6.23
8 20 ILCS 5/5-555 new
9 was 20 ILCS 5/6.02 from Ch. 127, par. 6.02
10 20 ILCS 5/5-560 new
11 was 20 ILCS 5/6.08 from Ch. 127, par. 6.08
12 20 ILCS 5/5-565 new
13 was 20 ILCS 5/6.06 from Ch. 127, par. 6.06
14 20 ILCS 5/5-570 new
15 was 20 ILCS 5/6.02a and 5/from Ch. 127, pars. 6.02a and
16 7.04a
17 20 ILCS 5/5-600 new
18 was 20 ILCS 5/11 from Ch. 127, par. 11
19 20 ILCS 5/5-605 new
20 was 20 ILCS 5/12 from Ch. 127, par. 12
21 20 ILCS 5/5-610 new
22 was 20 ILCS 5/13 from Ch. 127, par. 13
23 20 ILCS 5/5-615 new
24 was 20 ILCS 5/14 from Ch. 127, par. 14
25 20 ILCS 5/5-620 new
26 was 20 ILCS 5/15 from Ch. 127, par. 15
27 20 ILCS 5/5-625 new
28 was 20 ILCS 5/16 from Ch. 127, par. 16
29 20 ILCS 5/5-630 new
30 was 20 ILCS 5/17 from Ch. 127, par. 17
31 20 ILCS 5/5-635 new
32 was 20 ILCS 5/18 from Ch. 127, par. 18
33 20 ILCS 5/5-640 new
34 was 20 ILCS 5/19 from Ch. 127, par. 19
-711- LRB9009239DJcd
1 20 ILCS 5/5-645 new
2 was 20 ILCS 5/20 from Ch. 127, par. 20
3 20 ILCS 5/5-650 new
4 was 20 ILCS 5/25 from Ch. 127, par. 25
5 20 ILCS 5/5-655 new
6 was 20 ILCS 5/26 from Ch. 127, par. 26
7 20 ILCS 5/5-660 new
8 was 20 ILCS 5/31 from Ch. 127, par. 31
9 20 ILCS 5/5-665 new
10 was 20 ILCS 5/29 from Ch. 127, par. 29
11 20 ILCS 5/5-670 new
12 was 20 ILCS 5/30 from Ch. 127, par. 30
13 20 ILCS 5/5-675 new
14 was 20 ILCS 5/51 from Ch. 127, par. 51
15 20 ILCS 5/5-700 new
16 was 20 ILCS 5/32 from Ch. 127, par. 32
17 20 ILCS 5/5-705 new
18 was 20 ILCS 5/33 from Ch. 127, par. 33
19 20 ILCS 110/Art. 10 heading new
20 20 ILCS 110/10-1 new
21 20 ILCS 110/10-5 new
22 was 20 ILCS 110/69 from Ch. 127, par. 63b15
23 20 ILCS 205/Art. 15 heading new
24 20 ILCS 205/15-1 new
25 20 ILCS 205/15-5 new
26 20 ILCS 205/15-10 new
27 was 20 ILCS 205/40 from Ch. 127, par. 40
28 20 ILCS 205/15-15 new
29 was 20 ILCS 205/40.7 and 2from Ch. 127, pars. 40.7 and
30 40.8
31 20 ILCS 205/15-20 new
32 was 20 ILCS 205/40.7a
33 20 ILCS 205/15-25 new
34 was 20 ILCS 205/40.14 from Ch. 127, par. 40.14
-712- LRB9009239DJcd
1 20 ILCS 205/15-30 new
2 was 20 ILCS 205/40.9 from Ch. 127, par. 40.9
3 20 ILCS 205/15-35 new
4 was 20 ILCS 205/40.10 from Ch. 127, par. 40.10
5 20 ILCS 205/15-40 new
6 was 20 ILCS 205/40.31 from Ch. 127, par. 40.31
7 20 ILCS 205/15-45 new
8 was 20 ILCS 205/40.36 from Ch. 127, par.
9 40.36
10 20 ILCS 205/15-50 new
11 was 20 ILCS 205/40.40 from Ch. 127, par. 40.40
12 20 ILCS 205/15-55 new
13 was 20 ILCS 205/40.27 from Ch. 127, par. 40.27
14 20 ILCS 205/15-60 new
15 was 20 ILCS 205/40.35 from Ch. 127, par. 40.35
16 20 ILCS 205/15-100 new
17 was 20 ILCS 205/40.11 from Ch. 127, par. 40.11
18 20 ILCS 205/15-105 new
19 was 20 ILCS 205/40.24 from Ch. 127, par. 40.24
20 20 ILCS 205/15-110 new
21 was 20 ILCS 205/40.28 from Ch. 127, par. 40.28
22 20 ILCS 205/15-115 new
23 was 20 ILCS 205/40.38 from Ch. 127, par. 40.38
24 20 ILCS 205/15-200 new
25 was 20 ILCS 205/40.16 from Ch. 127, par. 40.16
26 20 ILCS 205/15-205 new
27 was 20 ILCS 205/40.13 from Ch. 127, par. 40.13
28 20 ILCS 205/15-300 new
29 was 20 ILCS 205/40.4 from Ch. 127, par. 40.4
30 20 ILCS 205/15-305 new
31 was 20 ILCS 205/40.12 from Ch. 127, par. 40.12
32 20 ILCS 205/15-310 new
33 was 20 ILCS 205/40.33 from Ch. 127, par. 40.33
34 20 ILCS 205/15-315 new
-713- LRB9009239DJcd
1 was 20 ILCS 205/40.17 from Ch. 127, par. 40.17
2 20 ILCS 205/15-320 new
3 was 20 ILCS 205/40.18 from Ch. 127, par. 40.18
4 20 ILCS 205/15-325 new
5 was 20 ILCS 205/40.19 from Ch. 127, par. 40.19
6 20 ILCS 205/15-330 new
7 was 20 ILCS 205/40.32 from Ch. 127, par. 40.32
8 20 ILCS 205/15-335 new
9 was 20 ILCS 205/40.21 from Ch. 127, par. 40.21
10 20 ILCS 205/15-340 new
11 was 20 ILCS 205/40.39 from Ch. 127, par. 40.39
12 20 ILCS 205/15-345 new
13 was 20 ILCS 205/40.6 from Ch. 127, par. 40.6
14 20 ILCS 205/15-350 new
15 was 20 ILCS 205/40.25 from Ch. 127, par. 40.25
16 20 ILCS 205/15-355 new
17 was 20 ILCS 205/40.26 from Ch. 127, par. 40.26
18 20 ILCS 205/15-400 new
19 was 20 ILCS 205/40.20 from Ch. 127, par. 40.20
20 20 ILCS 205/15-405 new
21 was 20 ILCS 205/40.22 from Ch. 127, par. 40.22
22 20 ILCS 205/15-410 new
23 was 20 ILCS 205/40.23 from Ch. 127, par. 40.23
24 20 ILCS 205/15-415 new
25 was 20 ILCS 205/40.42
26 20 ILCS 205/15-420 new
27 was 20 ILCS 205/40.15 from Ch. 127, par. 40.15
28 20 ILCS 205/15-425 new
29 was 20 ILCS 205/40.37 from Ch. 127, par. 40.37
30 20 ILCS 205/15-430 new
31 was 20 ILCS 205/40.34 from Ch. 127, par. 40.34
32 20 ILCS 310/Art. 20 heading new
33 20 ILCS 310/20-1 new
34 20 ILCS 310/20-5 new
-714- LRB9009239DJcd
1 was 20 ILCS 5/9.29 from Ch. 127, par. 9.29
2 20 ILCS 405/Art. 25 heading new
3 20 ILCS 405/25-1 new
4 20 ILCS 405/25-5 new
5 was 20 ILCS 405/35.2 from Ch. 127, par. 35.2
6 20 ILCS 405/25-10 new
7 was 20 ILCS 405/35.3 from Ch. 127, par. 35.3
8 20 ILCS 405/25-15 new
9 was 20 ILCS 405/35.4 from Ch. 127, par. 35.4
10 20 ILCS 405/25-20 new
11 was 20 ILCS 405/35.7 from Ch. 127, par. 35.7
12 20 ILCS 405/25-25 new
13 was 20 ILCS 405/67.34 from Ch. 127, par. 63b13.34
14 20 ILCS 405/25-30 new
15 was 20 ILCS 405/67.20 from Ch. 127, par. 63b13.20
16 20 ILCS 405/25-100 new
17 was 20 ILCS 405/64 from Ch. 127, par. 63b3
18 20 ILCS 405/25-105 new
19 was 20 ILCS 405/64.1 from Ch. 127, par. 63b4
20 20 ILCS 405/25-110 new
21 was 20 ILCS 405/64.2 from Ch. 127, par. 63b5
22 20 ILCS 405/25-115 new
23 was 20 ILCS 405/64.3 from Ch. 127, par. 63b6
24 20 ILCS 405/25-120 new
25 was 20 ILCS 405/67.29 from Ch. 127, par. 63b13.29
26 20 ILCS 405/25-125 new
27 was 20 ILCS 405/67.31 from Ch. 127, par. 63b13.31
28 20 ILCS 405/25-130 new
29 was 20 ILCS 405/67.28 from Ch. 127, par. 63b13.28
30 20 ILCS 405/25-190 new
31 was 20 ILCS 405/67.27 from Ch. 127, par. 63b13.27
32 20 ILCS 405/25-200 new
33 was 20 ILCS 405/67 from Ch. 127, par. 63b13
34 20 ILCS 405/25-205 new
-715- LRB9009239DJcd
1 was 20 ILCS 405/67.01 from Ch. 127, par. 63b13.1
2 20 ILCS 405/25-210 new
3 was 20 ILCS 405/67.21 from Ch. 127, par. 63b13.21
4 20 ILCS 405/25-215 new
5 was 20 ILCS 405/67.22 from Ch. 127, par. 63b13.22
6 20 ILCS 405/25-220 new
7 was 20 ILCS 405/35.9 from Ch. 127, par. 35.9
8 20 ILCS 405/25-225 new
9 was 20 ILCS 405/67.09 from Ch. 127, par. 63b13.9
10 20 ILCS 405/25-230 new
11 was 20 ILCS 405/67.23 from Ch. 127, par. 63b13.23
12 20 ILCS 405/25-235 new
13 was 20 ILCS 405/67.04 from Ch. 127, par. 63b13.4
14 20 ILCS 405/25-240 new
15 was 20 ILCS 405/67.05 from Ch. 127, par. 63b13.5
16 20 ILCS 405/25-245 new
17 was 20 ILCS 405/35.7b from Ch. 127, par. 35.7b
18 20 ILCS 405/25-250 new
19 was 20 ILCS 405/35.7a from Ch. 127, par. 35.7a
20 20 ILCS 405/25-255 new
21 was 20 ILCS 405/35.8 from Ch. 127, par. 35.8
22 20 ILCS 405/25-260 new
23 was 20 ILCS 405/35.7c from Ch. 127, par. 35.7c
24 20 ILCS 405/25-265 new
25 was 20 ILCS 405/67.08 from Ch. 127, par. 63b13.8
26 20 ILCS 405/25-270 new
27 was 20 ILCS 405/67.18 from Ch. 127, par. 63b13.18
28 20 ILCS 405/25-275 new
29 was 20 ILCS 405/67.33 from Ch. 127, par. 63b13.33
30 20 ILCS 405/25-280 new
31 was 20 ILCS 405/67.15 from Ch. 127, par. 63b13.15
32 20 ILCS 405/25-285 new
33 was 20 ILCS 405/67.16 from Ch. 127, par. 63b13.16
34 20 ILCS 405/25-290 new
-716- LRB9009239DJcd
1 was 20 ILCS 405/67.32 from Ch. 127, par. 63b13.32
2 20 ILCS 405/25-295 new
3 was 20 ILCS 405/67.30 from Ch. 127, par. 63b13.30
4 20 ILCS 405/25-300 new
5 was 20 ILCS 405/67.02 from Ch. 127, par.
6 63b13.2
7 20 ILCS 405/25-305 new
8 was 20 ILCS 405/67.06 from Ch. 127, par. 63b13.6
9 20 ILCS 405/25-310 new
10 was 20 ILCS 405/67.07 from Ch. 127, par. 63b13.7
11 20 ILCS 405/25-315 new
12 was 20 ILCS 405/67.24 from Ch. 127, par. 63b13.24
13 20 ILCS 405/25-320 new
14 was 20 ILCS 405/67.25 from Ch. 127, par. 63b13.25
15 20 ILCS 405/25-325 new
16 was 20 ILCS 405/67.26 from Ch. 127, par. 63b13.26
17 20 ILCS 405/25-400 new
18 was 20 ILCS 5/34.1 from Ch. 127, par. 34.1
19 20 ILCS 405/25-500 new
20 was 20 ILCS 405/67.35
21 20 ILCS 510/Art. 30 heading new
22 20 ILCS 510/30-1 new
23 20 ILCS 510/30-5 new
24 20 ILCS 510/30-10 new
25 was 20 ILCS 510/65 from Ch. 127, par. 63b11
26 20 ILCS 510/30-15 new
27 was 20 ILCS 510/65.1 from Ch. 127, par. 63b11.1
28 20 ILCS 510/30-20 new
29 was 20 ILCS 510/65.4 from Ch. 127, par.
30 63b11.4
31 20 ILCS 510/30-25 new
32 was 20 ILCS 510/65.5 from Ch. 127, par. 63b11.5
33 20 ILCS 510/30-30 new
34 was 20 ILCS 510/65.6 from Ch. 127, par. 63b11.6
-717- LRB9009239DJcd
1 20 ILCS 510/30-35 new
2 was 20 ILCS 510/65.7 from Ch. 127, par. 63b11.7
3 20 ILCS 510/30-95 new
4 was 20 ILCS 510/65.3 from Ch. 127, par. 63b11.3
5 20 ILCS 510/30-100 new
6 was 20 ILCS 510/65.8 from Ch. 127, par. 63b11.8
7 20 ILCS 510/30-200 new
8 was 20 ILCS 510/65.2 from Ch. 127, par. 63b11.2
9 20 ILCS 605/Art. 35 heading new
10 20 ILCS 605/35-1 new
11 20 ILCS 605/35-5 new
12 was 20 ILCS 605/46.1, in pfrom Ch. 127, par. 46.1
13 20 ILCS 605/35-10 new
14 was 20 ILCS 605/46.1, in pfrom Ch. 127, par. 46.1
15 20 ILCS 605/35-15 new
16 was 20 ILCS 605/46.22 from Ch. 127, par. 46.22
17 20 ILCS 605/35-20 new
18 was 20 ILCS 605/46.29 from Ch. 127, par. 46.29
19 20 ILCS 605/35-25 new
20 was 20 ILCS 605/46.30a from Ch. 127, par.
21 46.30a
22 20 ILCS 605/35-30 new
23 was 20 ILCS 605/46.41 from Ch. 127, par. 46.41
24 20 ILCS 605/35-35 new
25 was 20 ILCS 605/46.43 from Ch. 127, par. 46.43
26 20 ILCS 605/35-40 new
27 was 20 ILCS 605/47.2 from Ch. 127, par. 47.2
28 20 ILCS 605/35-50 new
29 was 20 ILCS 605/46.51 from Ch. 127, par. 46.51
30 20 ILCS 605/35-55 new
31 was 20 ILCS 605/46.21 from Ch. 127, par. 46.21
32 20 ILCS 605/35-65 new
33 was 20 ILCS 605/46.52 from Ch. 127, par. 46.52
34 20 ILCS 605/35-75 new
-718- LRB9009239DJcd
1 was 20 ILCS 605/46.53 from Ch. 127, par. 46.53
2 20 ILCS 605/35-85 new
3 was 20 ILCS 605/46.11 from Ch. 127, par. 46.11
4 20 ILCS 605/35-95 new
5 was 20 ILCS 605/46.42 from Ch. 127, par. 46.42
6 20 ILCS 605/35-100 new
7 was 20 ILCS 605/46.33 from Ch. 127, par. 46.33
8 20 ILCS 605/35-105 new
9 was 20 ILCS 605/46.35 from Ch. 127, par. 46.35
10 20 ILCS 605/35-110 new
11 was 20 ILCS 605/46.34 from Ch. 127, par. 46.34
12 20 ILCS 605/35-115 new
13 was 20 ILCS 605/46.36 from Ch. 127, par. 46.36
14 20 ILCS 605/35-200 new
15 was 20 ILCS 605/46.7 from Ch. 127, par. 46.7
16 20 ILCS 605/35-205 new
17 was 20 ILCS 605/46.39 from Ch. 127, par. 46.39
18 20 ILCS 605/35-210 new
19 was 20 ILCS 605/46.9 from Ch. 127, par. 46.9
20 20 ILCS 605/35-300 new
21 was 20 ILCS 605/46.2 from Ch. 127, par. 46.2
22 20 ILCS 605/35-305 new
23 was 20 ILCS 605/46.44 from Ch. 127, par. 46.44
24 20 ILCS 605/35-310 new
25 was 20 ILCS 605/46.3 from Ch. 127, par. 46.3
26 20 ILCS 605/35-315 new
27 was 20 ILCS 605/46.17 from Ch. 127, par. 46.17
28 20 ILCS 605/35-320 new
29 was 20 ILCS 605/46.5 from Ch. 127, par. 46.5
30 20 ILCS 605/35-325 new
31 was 20 ILCS 605/46.19i from Ch. 127, par. 46.19i
32 20 ILCS 605/35-330 new
33 was 20 ILCS 605/46.4 from Ch. 127, par. 46.4
34 20 ILCS 605/35-335 new
-719- LRB9009239DJcd
1 was 20 ILCS 605/46.4a from Ch. 127, par. 46.4a
2 20 ILCS 605/35-340 new
3 was 20 ILCS 605/46.54 from Ch. 127, par. 46.54
4 20 ILCS 605/35-345 new
5 was 20 ILCS 605/46.67
6 20 ILCS 605/35-350 new
7 was 20 ILCS 605/46.12 from Ch. 127, par. 46.12
8 20 ILCS 605/35-355 new
9 was 20 ILCS 605/46.19a, sufrom
10 Ch.
11 127, par. 46.19a
12 20 ILCS 605/35-360 new
13 was 20 ILCS 605/46.19a, sufrom
14 Ch. 127, par. 46.19a
15 20 ILCS 605/35-365 new
16 was 20 ILCS 605/46.19a, sufrom
17 Ch. 127, par. 46.19a
18 20 ILCS 605/35-370 new
19 was 20 ILCS 605/46.28 from Ch. 127, par. 46.28
20 20 ILCS 605/35-375 new
21 was 20 ILCS 605/46.58 from Ch. 127, par. 46.58
22 20 ILCS 605/35-380 new
23 was 20 ILCS 605/46.60 from Ch. 127, par. 46.60
24 20 ILCS 605/35-385 new
25 was 20 ILCS 605/46.62 from Ch. 127, par. 46.62
26 20 ILCS 605/35-400 new
27 was 20 ILCS 605/46.19c from Ch. 127, par. 46.19c
28 20 ILCS 605/35-405 new
29 was 20 ILCS 605/46.5a from Ch. 127, par. 46.5a
30 20 ILCS 605/35-410 new
31 was 20 ILCS 605/46.19d from Ch. 127, par. 46.19d
32 20 ILCS 605/35-415 new
33 was 20 ILCS 605/46.19j
34 20 ILCS 605/35-450 new
-720- LRB9009239DJcd
1 was 20 ILCS 605/46.19g from Ch. 127, par. 46.19g
2 20 ILCS 605/35-490 new
3 was 20 ILCS 605/46.10 from Ch. 127, par. 46.10
4 20 ILCS 605/35-495 new
5 was 20 ILCS 605/46.19 from Ch. 127, par. 46.19
6 20 ILCS 605/35-500 new
7 was 20 ILCS 605/46.13 from Ch. 127, par. 46.13
8 20 ILCS 605/35-505 new
9 was 20 ILCS 605/46.15 from Ch. 127, par. 46.15
10 20 ILCS 605/35-510 new
11 was 20 ILCS 605/46.19h from Ch. 127, par. 46.19h
12 20 ILCS 605/35-515 new
13 was 20 ILCS 605/46.13a from Ch. 127, par.
14 46.13a
15 20 ILCS 605/35-520 new
16 was 20 ILCS 605/46.63 from Ch. 127, par. 46.63
17 20 ILCS 605/35-525 new
18 was 20 ILCS 605/46.55 from Ch. 127, par. 46.55
19 20 ILCS 605/35-575 new
20 was 20 ILCS 605/46.69
21 20 ILCS 605/35-600 new
22 was 20 ILCS 605/46.19f from Ch. 127, par. 46.19f
23 20 ILCS 605/35-605 new
24 was 20 ILCS 605/46.57 from Ch. 127, par. 46.57
25 20 ILCS 605/35-610 new
26 was 20 ILCS 605/46.14 from Ch. 127, par. 46.14
27 20 ILCS 605/35-615 new
28 was 20 ILCS 605/46.19e from Ch. 127, par. 46.19e
29 20 ILCS 605/35-620 new
30 was 20 ILCS 605/46.24 from Ch. 127, par. 46.24
31 20 ILCS 605/35-625 new
32 was 20 ILCS 605/46.25 from Ch. 127, par. 46.25
33 20 ILCS 605/35-630 new
34 was 20 ILCS 605/46.26 from Ch. 127, par. 46.26
-721- LRB9009239DJcd
1 20 ILCS 605/35-675 new
2 was 20 ILCS 605/46.66
3 20 ILCS 605/35-700 new
4 was 20 ILCS 605/46.6 from Ch. 127, par. 46.6
5 20 ILCS 605/35-705 new
6 was 20 ILCS 605/46.6a from Ch. 127, par.
7 46.6a
8 20 ILCS 605/35-710 new
9 was 20 ILCS 605/46.6c from Ch. 127, par.
10 46.6c
11 20 ILCS 605/35-715 new
12 was 20 ILCS 605/46.59 from Ch. 127, par. 46.59
13 20 ILCS 605/35-720 new
14 was 20 ILCS 605/46.16 from Ch. 127, par. 46.16
15 20 ILCS 605/35-800 new
16 was 20 ILCS 605/46.19a, sufrom Ch. 127, par.
17 46.19a
18 20 ILCS 605/35-805 new
19 was 20 ILCS 605/46.19a, sufrom Ch. 127, par.
20 46.19a
21 20 ILCS 605/35-810 new
22 was 20 ILCS 605/46.19a, sufrom
23 ch 127, par. 46.19a
24 20 ILCS 605/35-815 new
25 was 20 ILCS 605/46.19a, sufrom
26 ch 127, par. 46.19a
27 20 ILCS 605/35-820 new
28 was 20 ILCS 605/46.49 from Ch. 127, par. 46.49
29 20 ILCS 605/35-825 new
30 was 20 ILCS 605/46.65 from Ch. 127, par. 46.65
31 20 ILCS 605/35-850 new
32 was 20 ILCS 605/46.32a, sufrom Ch. 127, par. 46.32a
33 20 ILCS 605/35-855 new
34 was 20 ILCS 605/46.32a, sufrom Ch. 127, par. 46.32a
-722- LRB9009239DJcd
1 20 ILCS 605/35-860 new
2 was 20 ILCS 605/46.32a, sufrom Ch. 127, par. 46.32a
3 20 ILCS 605/35-875 new
4 was 20 ILCS 605/46.68
5 20 ILCS 605/35-900 new
6 was 20 ILCS 605/46.6b from Ch. 127, par. 46.6b
7 20 ILCS 605/35-905 new
8 was 20 ILCS 605/46.41b from Ch. 127, par. 46.41b
9 20 ILCS 605/35-910 new
10 was 20 ILCS 605/46.56 from Ch. 127, par. 46.56
11 20 ILCS 605/35-915 new
12 was 20 ILCS 605/46.45 from Ch. 127, par. 46.45
13 20 ILCS 605/35-920 new
14 was 20 ILCS 605/46.47 from Ch. 127, par. 46.47
15 20 ILCS 605/35-925 new
16 was 20 ILCS 605/46.48 from Ch. 127, par. 46.48
17 20 ILCS 605/35-930 new
18 was 20 ILCS 605/46.27 from Ch. 127, par. 46.27
19 20 ILCS 605/35-935 new
20 was 20 ILCS 605/46.32 from Ch. 127, par. 46.32
21 20 ILCS 605/35-940 new
22 was 20 ILCS 605/46.37 from Ch. 127, par. 46.37
23 20 ILCS 605/35-945 new
24 was 20 ILCS 605/46.38 from Ch. 127, par. 46.38
25 20 ILCS 605/35-950 new
26 was 20 ILCS 605/46.38a from Ch. 127, par. 46.38a
27 20 ILCS 605/35-990 new
28 was 20 ILCS 605/46.37a from Ch. 127, par. 46.37a
29 20 ILCS 605/35-995 new
30 was 20 ILCS 605/46.40 from Ch. 127, par. 46.40
31 20 ILCS 805/Art. 40 heading new
32 20 ILCS 805/40-1 new
33 20 ILCS 805/40-5 new
34 20 ILCS 805/40-10 new
-723- LRB9009239DJcd
1 was 20 ILCS 805/63a from Ch. 127, par. 63a
2 20 ILCS 805/40-15 new
3 was 20 ILCS 805/63a37 from Ch. 127, par.
4 63a37
5 20 ILCS 805/40-25 new
6 was 20 ILCS 805/63b2.8
7 20 ILCS 805/40-30 new
8 was 20 ILCS 805/63a38 from Ch. 127, par.
9 63a38
10 20 ILCS 805/40-35 new
11 was 20 ILCS 805/63a40
12 20 ILCS 805/40-40 new
13 was 20 ILCS 805/63a41
14 20 ILCS 805/40-70 new
15 was 20 ILCS 805/63b2.9
16 20 ILCS 805/40-80 new
17 was 20 ILCS 805/63b1.2
18 20 ILCS 805/40-100 new
19 was 20 ILCS 805/63a1 from Ch. 127, par.
20 63a1
21 20 ILCS 805/40-105 new
22 was 20 ILCS 805/63a2 from Ch. 127, par.
23 63a2
24 20 ILCS 805/40-110 new
25 was 20 ILCS 805/63a3 from Ch. 127, par.
26 63a3
27 20 ILCS 805/40-115 new
28 was 20 ILCS 805/63a4 from Ch. 127, par.
29 63a4
30 20 ILCS 805/40-120 new
31 was 20 ILCS 805/63a5 from Ch. 127, par.
32 63a5
33 20 ILCS 805/40-125 new
34 was 20 ILCS 805/63b1 from Ch. 127, par.
-724- LRB9009239DJcd
1 63b1
2 20 ILCS 805/40-130 new
3 was 20 ILCS 805/63a8 from Ch. 127, par.
4 63a8
5 20 ILCS 805/40-200 new
6 was 20 ILCS 805/63a13-1 from Ch. 127, par.
7 63a13-1
8 20 ILCS 805/40-205 new
9 was 20 ILCS 805/63a29 from Ch. 127, par.
10 63a29
11 20 ILCS 805/40-210 new
12 was 20 ILCS 805/63a33 from Ch. 127, par.
13 63a33
14 20 ILCS 805/40-215 new
15 was 20 ILCS 805/63a17 from Ch. 127, par.
16 63a17
17 20 ILCS 805/40-220 new
18 was 20 ILCS 805/63a34 from Ch. 127, par.
19 63a34
20 20 ILCS 805/40-225 new
21 was 20 ILCS 805/63a19 from Ch. 127, par.
22 63a19
23 20 ILCS 805/40-230 new
24 was 20 ILCS 805/63a18 from Ch. 127, par.
25 63a18
26 20 ILCS 805/40-235 new
27 was 20 ILCS 805/63a6 from Ch. 127, par.
28 63a6
29 20 ILCS 805/40-240 new
30 was 20 ILCS 805/63b from Ch. 127, par.
31 63b
32 20 ILCS 805/40-245 new
33 was 20 ILCS 805/63b2.1 from Ch. 127, par.
34 63b2.1
-725- LRB9009239DJcd
1 20 ILCS 805/40-250 new
2 was 20 ILCS 805/63a20 from Ch. 127, par.
3 63a20
4 20 ILCS 805/40-255 new
5 was 20 ILCS 805/63a10 from Ch. 127, par.
6 63a10
7 20 ILCS 805/40-260 new
8 was 20 ILCS 805/63a7 from Ch. 127, par.
9 63a7
10 20 ILCS 805/40-265 new
11 was 20 ILCS 805/63a39
12 20 ILCS 805/40-270 new
13 was 20 ILCS 805/63a26 from Ch. 127, par.
14 63a26
15 20 ILCS 805/40-275 new
16 was 20 ILCS 805/63a27 from Ch. 127, par.
17 63a27
18 20 ILCS 805/40-300 new
19 was 20 ILCS 805/63a21 from Ch. 127, par.
20 63a21
21 20 ILCS 805/40-305 new
22 was 20 ILCS 805/63a23 from Ch. 127, par.
23 63a23
24 20 ILCS 805/40-310 new
25 was 20 ILCS 805/63a24 from Ch. 127, par.
26 63a24
27 20 ILCS 805/40-315 new
28 was 20 ILCS 805/63a21.2 from Ch. 127, par.
29 63a21.2
30 20 ILCS 805/40-320 new
31 was 20 ILCS 805/63a21.3 from Ch. 127, par.
32 63a21.3
33 20 ILCS 805/40-325 new
34 was 20 ILCS 805/63a25 from Ch. 127, par.
-726- LRB9009239DJcd
1 63a25
2 20 ILCS 805/40-330 new
3 was 20 ILCS 805/63a14 from Ch. 127, par.
4 63a14
5 20 ILCS 805/40-335 new
6 was 20 ILCS 805/63a21.1 from Ch. 127, par.
7 63a21.1
8 20 ILCS 805/40-400 new
9 was 20 ILCS 805/63a22 from Ch. 127, par.
10 63a22
11 20 ILCS 805/40-405 new
12 was 20 ILCS 805/63a30 from Ch. 127, par.
13 63a30
14 20 ILCS 805/40-410 new
15 was 20 ILCS 805/63a32 from Ch. 127, par.
16 63a32
17 20 ILCS 805/40-420 new
18 was 20 ILCS 805/63a36 from Ch. 127, par.
19 63a36
20 20 ILCS 805/40-425 new
21 was 20 ILCS 805/63b2.3 from Ch. 127, par.
22 63b2.3
23 20 ILCS 805/40-430 new
24 was 20 ILCS 805/63b2.4 from Ch. 127, par.
25 63b2.4
26 20 ILCS 805/40-435 new
27 was 20 ILCS 805/63b2.5 from Ch. 127, par.
28 63b2.5
29 20 ILCS 805/40-500 new
30 was 20 ILCS 805/63a12 from Ch. 127, par.
31 63a12
32 20 ILCS 805/40-505 new
33 was 20 ILCS 805/63a31 from Ch. 127, par.
34 63a31
-727- LRB9009239DJcd
1 20 ILCS 805/40-510 new
2 was 20 ILCS 805/63a13 from Ch. 127, par.
3 63a13
4 20 ILCS 805/40-515 new
5 was 20 ILCS 805/63a28 from Ch. 127, par. 63a28
6 20 ILCS 805/40-520 new
7 was 20 ILCS 805/63a11 from Ch. 127, par. 63a11
8 20 ILCS 805/40-525 new
9 was 20 ILCS 805/63a15 from Ch. 127, par. 63a15
10 20 ILCS 805/40-530 new
11 was 20 ILCS 805/63a9 from Ch. 127, par. 63a9
12 20 ILCS 805/40-535 new
13 was 20 ILCS 805/63b2.2 from Ch. 127, par. 63b2.2
14 20 ILCS 805/40-540 new
15 was 20 ILCS 805/63b2.6 from Ch. 127, par. 63b2.6
16 20 ILCS 1005/Art. 45 heading new
17 20 ILCS 1005/45-1 new
18 20 ILCS 1005/45-5 new
19 20 ILCS 1005/45-10 new
20 was 20 ILCS 1005/43a from Ch. 127, par. 43a
21 20 ILCS 1005/45-15 new
22 was 20 ILCS 1005/43a.02 from Ch. 127, par. 43a.02
23 20 ILCS 1005/45-20 new
24 was 20 ILCS 1005/43a.04 from Ch. 127, par. 43a.04
25 20 ILCS 1005/45-25 new
26 was 20 ILCS 1005/43a.05 from Ch. 127, par. 43a.05
27 20 ILCS 1005/45-30 new
28 was 20 ILCS 1005/43a.03 from Ch. 127, par. 43a.03
29 20 ILCS 1005/45-35 new
30 was 20 ILCS 1005/43a.07 from Ch. 127, par. 43a.07
31 20 ILCS 1005/45-40 new
32 was 20 ILCS 1005/43a.08 from Ch. 127, par. 43a.08
33 20 ILCS 1005/45-45 new
34 was 20 ILCS 1005/43a.06 from Ch. 127, par. 43a.06
-728- LRB9009239DJcd
1 20 ILCS 1005/45-50 new
2 was 20 ILCS 1005/43a.11 from Ch. 127, par. 43a.11
3 20 ILCS 1005/45-75 new
4 was 20 ILCS 1005/43a.12 from Ch. 127, par. 43a.12
5 20 ILCS 1005/45-100 new
6 was 20 ILCS 1005/43a.01 from Ch. 127, par.
7 43a.01
8 20 ILCS 1005/45-105 new
9 was 20 ILCS 1005/43a.09 from Ch. 127, par.
10 43a.09
11 20 ILCS 1005/45-110 new
12 was 20 ILCS 1005/44a from Ch. 127, par. 44a
13 20 ILCS 1005/45-115 new
14 was 20 ILCS 1005/43a.10 from Ch. 127, par. 43a.10
15 20 ILCS 1005/45-120 new
16 was 20 ILCS 1005/43a.13 from Ch. 127, par. 43a.13
17 20 ILCS 1005/45-130 new
18 was 20 ILCS 1005/43a.14
19 20 ILCS 1005/45-150 new
20 was 20 ILCS 5/34.2 from Ch. 127, par. 34.2
21 20 ILCS 1405/Art. 55 heading new
22 20 ILCS 1405/55-1 new
23 20 ILCS 1405/55-5 new
24 was 20 ILCS 1405/56 from Ch. 127, par. 56
25 20 ILCS 1405/55-10 new
26 was 20 ILCS 1405/56.1 from Ch. 127, par. 56.1
27 20 ILCS 1405/55-15 new
28 was 20 ILCS 1405/56.2
29 20 ILCS 1505/Art. 60 heading new
30 20 ILCS 1505/60-1 new
31 20 ILCS 1505/60-5 new
32 20 ILCS 1505/60-10 new
33 was 20 ILCS 1505/43 from Ch. 127, par. 43
34 20 ILCS 1505/60-15 new
-729- LRB9009239DJcd
1 was 20 ILCS 1505/43.07 from Ch. 127, par. 43.07
2 20 ILCS 1505/60-20 new
3 was 20 ILCS 1505/43.13 from Ch. 127, par. 43.13
4 20 ILCS 1505/60-25 new
5 was 20 ILCS 1505/43.09 from Ch. 127, par. 43.09
6 20 ILCS 1505/60-30 new
7 was 20 ILCS 1505/43.08 from Ch. 127, par. 43.08
8 20 ILCS 1505/60-35 new
9 was 20 ILCS 1505/43.10 from Ch. 127, par. 43.10
10 20 ILCS 1505/60-40 new
11 was 20 ILCS 1505/43.12 from Ch. 127, par. 43.12
12 20 ILCS 1505/60-45 new
13 was 20 ILCS 1505/43.15a from Ch. 127, par. 43.15a
14 20 ILCS 1505/60-50 new
15 was 20 ILCS 1505/43.16 from Ch. 127, par. 43.16
16 20 ILCS 1505/60-120 new
17 was 20 ILCS 1505/43.17 from Ch. 127, par. 43.17
18 20 ILCS 1505/60-150 new
19 was 20 ILCS 1505/43.20 from Ch. 127, par. 43.20
20 20 ILCS 1505/60-200 new
21 was 20 ILCS 1505/43.21 from Ch. 127, par. 43.21
22 20 ILCS 1710/Art. 65 heading new
23 20 ILCS 1710/65-1 new
24 20 ILCS 1710/65-5 new
25 20 ILCS 1710/65-10 new
26 was 20 ILCS 1710/53, subsefrom Ch. 127, par. 53
27 20 ILCS 1710/65-15 new
28 was 20 ILCS 1710/53, subdifrom Ch. 127, par. 53
29 20 ILCS 1710/65-20 new
30 was 20 ILCS 1710/53, subdifrom Ch. 127,
31 par. 53
32 20 ILCS 1710/65-25 new
33 was 20 ILCS 1710/53, subdifrom Ch. 127, par. 53
34 20 ILCS 1710/65-30 new
-730- LRB9009239DJcd
1 was 20 ILCS 1710/53a from Ch. 127, par. 53a
2 20 ILCS 1710/65-50 new
3 was 20 ILCS 1710/53, subdifrom Ch. 127, par. 53
4 20 ILCS 1710/65-75 new
5 was 20 ILCS 1710/65-53, sufrom Ch. 127, par. 53
6 20 ILCS 1710/65-100 new
7 was 20 ILCS 1710/53d
8 20 ILCS 1905/Art. 70 heading new
9 20 ILCS 1905/70-1 new
10 20 ILCS 1905/70-5 new
11 20 ILCS 1905/70-10 new
12 was 20 ILCS 1905/45, in pafrom Ch. 127, par. 45
13 20 ILCS 1905/70-15 new
14 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
15 20 ILCS 1905/70-20 new
16 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
17 20 ILCS 1905/70-25 new
18 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
19 20 ILCS 1905/70-30 new
20 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
21 20 ILCS 1905/70-35 new
22 was 20 ILCS 1905/47
23 20 ILCS 1905/70-40 new
24 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
25 20 ILCS 1905/70-45 new
26 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
27 20 ILCS 1905/70-50 new
28 was 20 ILCS 1905/45, pars.from Ch. 127, par. 45
29 20 ILCS 1905/70-75 new
30 was 20 ILCS 1905/46 from Ch. 127, par. 46
31 20 ILCS 1905/70-90 new
32 was 20 ILCS 1905/45, in pafrom Ch. 127, par. 45
33 20 ILCS 1905/70-100 new
34 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
-731- LRB9009239DJcd
1 20 ILCS 1905/70-105 new
2 was 20 ILCS 1905/45.2 from Ch. 127, par. 45.2
3 20 ILCS 1905/70-110 new
4 was 20 ILCS 1905/45.1 from Ch. 127, par. 45.1
5 20 ILCS 1905/70-150 new
6 was 20 ILCS 1905/45, in pafrom Ch. 127, par. 45
7 20 ILCS 1905/70-200 new
8 was 20 ILCS 1905/45, par. from Ch. 127, par. 45
9 20 ILCS 2005/Art. 75 heading new
10 20 ILCS 2005/75-1 new
11 20 ILCS 2005/75-5 new
12 20 ILCS 2005/75-10 new
13 was 20 ILCS 2005/71, subsefrom Ch.
14 127, par. 63b17
15 20 ILCS 2005/75-15 new
16 was 20 ILCS 2005/71, subsefrom Ch. 127, par. 63b17
17 20 ILCS 2005/75-20 new
18 was 20 ILCS 2005/71, subsefrom Ch. 127, par. 63b17
19 20 ILCS 2005/75-25 new
20 was 20 ILCS 2005/71, subsefrom Ch. 127,
21 par. 63b17
22 20 ILCS 2005/70-30 new
23 was 20 ILCS 2005/72 from Ch. 127, par. 63b18
24 20 ILCS 2005/75-35 new
25 was 20 ILCS 2005/71, subsefrom Ch. 127, par. 63b17
26 20 ILCS 2005/75-40 new
27 was 20 ILCS 2005/71, subsefrom Ch.
28 127, par. 63b17
29 20 ILCS 2005/75-45 new
30 was 20 ILCS 2005/71, subsefrom Ch. 127, par. 63b17
31 20 ILCS 2005/75-50 new
32 was 20 ILCS 2005/71, subsefrom Ch. 127, par. 63b17
33 20 ILCS 2005/75-55 new
34 was 20 ILCS 2005/71, subsefrom Ch. 127,
-732- LRB9009239DJcd
1 par. 63b17
2 20 ILCS 2005/75-60 new
3 was 20 ILCS 2005/71, subsefrom Ch. 127, par.
4 63b17
5 20 ILCS 2005/75-65 new
6 was 20 ILCS 2005/71, subsefrom Ch.
7 127, par. 63b17
8 20 ILCS 2005/75-70 new
9 was 20 ILCS 2005/71, subsefrom Ch. 127,
10 par. 63b17
11 20 ILCS 2005/75-75 new
12 was 20 ILCS 2005/71, subsefrom Ch. 127,
13 par. 63b17
14 20 ILCS 2005/75-80 new
15 was 20 ILCS 2005/71, subsefrom Ch. 127,
16 par. 63b17
17 20 ILCS 2005/75-85 new
18 was 20 ILCS 2005/71, subsefrom Ch.
19 127, par. 63b17
20 20 ILCS 2105/Art. 80 heading new
21 20 ILCS 2105/80-1 new
22 20 ILCS 2105/80-5 new
23 was 20 ILCS 2105/60b from Ch. 127, par. 60b
24 20 ILCS 2105/80-10 new
25 was 20 ILCS 2105/61d
26 20 ILCS 2105/80-15 new
27 was 20 ILCS 2105/60 from Ch. 127, par.
28 60
29 20 ILCS 2105/80-25 new
30 was 20 ILCS 2105/60.01 from Ch. 127, par. 60.01
31 20 ILCS 2105/80-40 new
32 was 20 ILCS 2105/61 from Ch. 127, par. 61
33 20 ILCS 2105/80-55 new
34 was 20 ILCS 2105/61c from Ch. 127, new par. 61c
-733- LRB9009239DJcd
1 20 ILCS 2105/80-75 new
2 was 110 ILCS 355/62.1 from Ch. 127, par. 62.1
3 20 ILCS 2105/80-100 new
4 was 20 ILCS 2105/60c from Ch. 127, par. 60c
5 20 ILCS 2105/80-105 new
6 was 20 ILCS 2105/60d from Ch. 127, par. 60d
7 20 ILCS 2105/80-110 new
8 was 20 ILCS 2105/60e from Ch. 127, par. 60e
9 20 ILCS 2105/80-115 new
10 was 20 ILCS 2105/60f from Ch. 127, par. 60f
11 20 ILCS 2105/80-120 new
12 was 20 ILCS 2105/60g from Ch. 127, par. 60g
13 20 ILCS 2105/80-125 new
14 was 20 ILCS 2105/60h from Ch. 127, par. 60h
15 20 ILCS 2105/80-150 new
16 was 20 ILCS 2105/60m from Ch. 127, par. 60m
17 20 ILCS 2105/80-155 new
18 was 20 ILCS 2105/60n from Ch. 127, par. 60n
19 20 ILCS 2105/80-175 new
20 was 20 ILCS 2105/60a, in pfrom Ch. 127, par. 60a
21 20 ILCS 2105/80-200 new
22 was 20 ILCS 2105/60.1 from Ch. 127, par. 60.1
23 20 ILCS 2105/80-205 new
24 was 20 ILCS 2105/60.3
25 20 ILCS 2105/80-210 new
26 was 20 ILCS 2105/60.2 from Ch. 127, par.
27 60.2
28 20 ILCS 2105/80-215 new
29 was 20 ILCS 2105/61a from Ch. 127, par. 61a
30 20 ILCS 2105/80-220 new
31 was 20 ILCS 2105/61b from Ch. 127, par. 61b
32 20 ILCS 2105/80-300 new
33 was 20 ILCS 2105/61e
34 20 ILCS 2105/80-325 new
-734- LRB9009239DJcd
1 was 20 ILCS 2105/60a, in pfrom Ch. 127, par. 60a
2 20 ILCS 2205/Art. 85 heading new
3 20 ILCS 2205/85-1 new
4 20 ILCS 2205/85-5 new
5 was 20 ILCS 2205/48a from Ch. 127, par. 48a
6 20 ILCS 2205/85-10 new
7 was 20 ILCS 2205/48b from Ch. 127, par. 48b
8 20 ILCS 2310/Art. 90 heading new
9 20 ILCS 2310/90-1 new
10 20 ILCS 2310/90-5 new
11 20 ILCS 2310/90-10 new
12 was 20 ILCS 2310/55 from Ch. 127, par. 55
13 20 ILCS 2310/90-15 new
14 was 20 ILCS 2310/55.02 from Ch. 127, par. 55.02
15 20 ILCS 2310/90-20 new
16 was 20 ILCS 2310/55.17 from Ch. 127, par. 55.17
17 20 ILCS 2310/90-25 new
18 was 20 ILCS 2310/55.05 from Ch. 127, par. 55.05
19 20 ILCS 2310/90-30 new
20 was 20 ILCS 2310/55.12 from Ch. 127, par. 55.12
21 20 ILCS 2310/90-35 new
22 was 20 ILCS 2310/55.27 from Ch. 127, par. 55.27
23 20 ILCS 2310/90-40 new
24 was 20 ILCS 2310/55.28 from Ch. 127, par. 55.28
25 20 ILCS 2310/90-45 new
26 was 20 ILCS 2310/55.29 from Ch. 127, par. 55.29
27 20 ILCS 2310/90-50 new
28 was 20 ILCS 2310/55.19 from Ch. 127, par. 55.19
29 20 ILCS 2310/90-55 new
30 was 20 ILCS 2310/55.14 from Ch. 127, par. 55.14
31 20 ILCS 2310/90-60 new
32 was 20 ILCS 2310/55.22 from Ch. 127, par. 55.22
33 20 ILCS 2310/90-65 new
34 was 20 ILCS 2310/55.26 from Ch. 127, par. 55.26
-735- LRB9009239DJcd
1 20 ILCS 2310/90-75 new
2 was 20 ILCS 2310/55.38 from Ch. 127, par. 55.38
3 20 ILCS 2310/90-90 new
4 was 20 ILCS 2310/55.09 from Ch. 127, par. 55.09
5 20 ILCS 2310/90-100 new
6 was 20 ILCS 2310/55.16 from Ch. 127, par. 55.16
7 20 ILCS 2310/90-105 new
8 was 20 ILCS 2310/55.18 from Ch. 127, par. 55.18
9 20 ILCS 2310/90-110 new
10 was 20 ILCS 2310/55.25 from Ch. 127, par. 55.25
11 20 ILCS 2310/90-130 new
12 was 20 ILCS 2310/55.82
13 20 ILCS 2310/90-135 new
14 was 20 ILCS 2310/55.37 from Ch. 127, par. 55.37
15 20 ILCS 2310/90-140 new
16 was 20 ILCS 2310/55.37a from Ch. 127, par. 55.37a
17 20 ILCS 2310/90-155 new
18 was 20 ILCS 2310/55.24 from Ch. 127, par. 55.24
19 20 ILCS 2310/90-170 new
20 was 20 ILCS 2310/55.30 from Ch. 127, par. 55.30
21 20 ILCS 2310/90-185 new
22 was 20 ILCS 2310/55.51 from Ch. 127, par. 55.51
23 20 ILCS 2310/90-195 new
24 was 20 ILCS 2310/55.39 from Ch. 127, par. 55.39
25 20 ILCS 2310/90-200 new
26 was 20 ILCS 2310/55.53 from Ch. 127, par. 55.53
27 20 ILCS 2310/90-205 new
28 was 20 ILCS 2310/55.57 from Ch. 127, par. 55.57
29 20 ILCS 2310/90-210 new
30 was 20 ILCS 2310/55.62a
31 20 ILCS 2310/90-215 new
32 was 20 ILCS 2310/55.62 from Ch. 127, par. 55.62
33 20 ILCS 2310/90-220 new
34 was 20 ILCS 2310/55.73
-736- LRB9009239DJcd
1 20 ILCS 2310/90-225 new
2 was 20 ILCS 2310/55.58 from Ch. 127, par. 55.58
3 20 ILCS 2310/90-230 new
4 was 20 ILCS 2310/55.67 from Ch. 127, par. 55.67
5 20 ILCS 2310/90-235 new
6 was 20 ILCS 2310/55.63 from Ch. 127, par. 55.63
7 20 ILCS 2310/90-250 new
8 was 20 ILCS 2310/55.13 from Ch. 127, par. 55.13
9 20 ILCS 2310/90-255 new
10 was 20 ILCS 2310/55.75
11 20 ILCS 2310/90-275 new
12 was 20 ILCS 2310/55.61 from Ch. 127, par. 55.61
13 20 ILCS 2310/90-300 new
14 was 20 ILCS 2310/55.78
15 20 ILCS 2310/90-305 new
16 was 20 ILCS 2310/55.64 from Ch. 127, par. 55.64
17 20 ILCS 2310/90-310 new
18 was 20 ILCS 2310/55.79
19 20 ILCS 2310/90-315 new
20 was 20 ILCS 2310/55.41 from Ch. 127, par. 55.41
21 20 ILCS 2310/90-320 new
22 was 20 ILCS 2310/55.56 from Ch. 127, par. 55.56
23 20 ILCS 2310/90-325 new
24 was 20 ILCS 2310/55.45 from Ch. 127, par. 55.45
25 20 ILCS 2310/90-330 new
26 was 20 ILCS 2310/55.46 from Ch. 127, par. 55.46
27 20 ILCS 2310/90-335 new
28 was 20 ILCS 2310/55.43 from Ch. 127, par. 55.43
29 20 ILCS 2310/90-340 new
30 was 20 ILCS 2310/55.68 from Ch. 127, par. 55.68
31 20 ILCS 2310/90-345 new
32 was 20 ILCS 2310/55.49 from Ch. 127, par. 55.49
33 20 ILCS 2310/90-350 new
34 was 20 ILCS 2310/55.70
-737- LRB9009239DJcd
1 20 ILCS 2310/90-352 new
2 was 20 ILCS 2310/55.86
3 20 ILCS 2310/90-355 new
4 was 20 ILCS 2310/55.23 from Ch. 127, par. 55.23
5 20 ILCS 2310/90-360 new
6 was 20 ILCS 2310/55.80
7 20 ILCS 2310/90-365 new
8 was 20 ILCS 2310/55.31b from Ch. 127, par. 55.31b
9 20 ILCS 2310/90-370 new
10 was 20 ILCS 2310/55.76
11 20 ILCS 2310/90-375 new
12 was 20 ILCS 2310/55.36 from Ch. 127, par. 55.36
13 20 ILCS 2310/90-380 new
14 was 20 ILCS 2310/55.52 from Ch. 127, par. 55.52
15 20 ILCS 2310/90-385 new
16 was 20 ILCS 2310/55.31a from Ch. 127, par. 55.31a
17 20 ILCS 2310/90-390 new
18 was 20 ILCS 2310/55.65 from Ch. 127, par. 55.65
19 20 ILCS 2310/90-392 new
20 was 20 ILCS 2310/55.85
21 20 ILCS 2310/90-395 new
22 was 20 ILCS 2310/55.72
23 20 ILCS 2310/90-400 new
24 was 20 ILCS 2310/55.83
25 20 ILCS 2310/90-405 new
26 was 20 ILCS 2310/55.55 from Ch. 127, par. 55.55
27 20 ILCS 2310/90-410 new
28 was 20 ILCS 2310/55.42 from Ch. 127, par. 55.42
29 20 ILCS 2310/90-415 new
30 was 20 ILCS 2310/55.81
31 20 ILCS 2310/90-420 new
32 was 20 ILCS 2310/55.74
33 20 ILCS 2310/90-425 new
34 was 20 ILCS 2310/55.66 from Ch. 127, par. 55.66
-738- LRB9009239DJcd
1 20 ILCS 2310/90-430 new
2 was 20 ILCS 2310/55.69 from Ch. 127, par. 55.69
3 20 ILCS 2310/90-435 new
4 was 20 ILCS 2310/55.44 from Ch. 127, par. 55.44
5 20 ILCS 2310/90-440 new
6 was 20 ILCS 2310/55.54 from Ch. 127, par. 55.54
7 20 ILCS 2310/90-442 new
8 was 20 ILCS 2310/55.84
9 20 ILCS 2310/90-445 new
10 was 20 ILCS 2310/55.71
11 20 ILCS 2310/90-500 new
12 was 20 ILCS 2310/55.07 from Ch. 127, par. 55.07
13 20 ILCS 2310/90-505 new
14 was 20 ILCS 2310/55.08 from Ch. 127, par. 55.08
15 20 ILCS 2310/90-510 new
16 was 20 ILCS 2310/55.15 from Ch. 127, par. 55.15
17 20 ILCS 2310/90-530 new
18 was 20 ILCS 2310/55.04 from Ch. 127, par. 55.04
19 20 ILCS 2310/90-535 new
20 was 20 ILCS 2310/55.21 from Ch. 127, par. 55.21
21 20 ILCS 2310/90-540 new
22 was 20 ILCS 2310/55.31 from Ch. 127, par. 55.31
23 20 ILCS 2310/90-545 new
24 was 20 ILCS 2310/55.20 from Ch. 127, par. 55.20
25 20 ILCS 2310/90-550 new
26 was 20 ILCS 2310/55.40 from Ch. 127, par. 55.40
27 20 ILCS 2310/90-555 new
28 was 20 ILCS 2310/55.06 from Ch. 127, par. 55.06
29 20 ILCS 2310/90-560 new
30 was 20 ILCS 2310/55.87
31 20 ILCS 2310/90-565 new
32 was 20 ILCS 2310/55.88
33 20 ILCS 2310/90-575 new
34 was 20 ILCS 2310/55.10 from Ch. 127, par. 55.10
-739- LRB9009239DJcd
1 20 ILCS 2310/90-580 new
2 was 20 ILCS 2310/55.11 from Ch. 127, par. 55.11
3 20 ILCS 2505/Art. 95 heading new
4 20 ILCS 2505/95-1 new
5 20 ILCS 2505/95-5 new
6 20 ILCS 2505/95-10 new
7 was 20 ILCS 2505/39b from Ch. 127, par. 39b
8 20 ILCS 2505/95-15 new
9 was 20 ILCS 2505/39b1 from Ch. 127, par. 39b1
10 20 ILCS 2505/95-20 new
11 was 20 ILCS 2505/39b2 from Ch. 127, par. 39b2
12 20 ILCS 2505/95-25 new
13 was 20 ILCS 2505/39b3 from Ch. 127, par. 39b3
14 20 ILCS 2505/95-30 new
15 was 20 ILCS 2505/39b4 from Ch. 127, par. 39b4
16 20 ILCS 2505/95-35 new
17 was 20 ILCS 2505/39b5 from Ch. 127, par. 39b5
18 20 ILCS 2505/95-40 new
19 was 20 ILCS 2505/39b6 from Ch. 127, par. 39b6
20 20 ILCS 2505/95-45 new
21 was 20 ILCS 2505/39b7 from Ch. 127, par. 39b7
22 20 ILCS 2505/95-60 new
23 was 20 ILCS 2505/39b10 from Ch. 127, par. 39b10
24 20 ILCS 2505/95-65 new
25 was 20 ILCS 2505/39b12 from Ch. 127, par.
26 39b12
27 20 ILCS 2505/95-70 new
28 was 20 ILCS 2505/39b24 from Ch. 127, par. 39b24
29 20 ILCS 2505/95-80 new
30 was 20 ILCS 2505/39b26 from Ch. 127, par. 39b26
31 20 ILCS 2505/95-85 new
32 was 20 ILCS 2505/39b27 from Ch. 127, par. 39b27
33 20 ILCS 2505/95-90 new
34 was 20 ILCS 2505/39b28 from Ch. 127, par. 39b28
-740- LRB9009239DJcd
1 20 ILCS 2505/95-95 new
2 was 20 ILCS 2505/39b29 from Ch. 127, par. 39b29
3 20 ILCS 2505/95-100 new
4 was 20 ILCS 2505/39b30 from Ch. 127, par. 39b30
5 20 ILCS 2505/95-105 new
6 was 20 ILCS 2505/39b31 from Ch. 127, par. 39b31
7 20 ILCS 2505/95-175 new
8 was 20 ILCS 2505/39c-2 from Ch. 127, par. 39c-2
9 20 ILCS 2505/95-190 new
10 was 20 ILCS 2505/39c-4 from Ch. 127, par. 39c-4
11 20 ILCS 2505/95-200 new
12 was 20 ILCS 2505/39c-1a
13 20 ILCS 2505/95-205 new
14 was 20 ILCS 2505/39c-1b
15 20 ILCS 2505/95-210 new
16 was 20 ILCS 2505/39c-1 from Ch. 127, par. 39c-1
17 20 ILCS 2505/95-215 new
18 was 20 ILCS 2505/39c-3 from Ch. 127, par. 39c-3
19 20 ILCS 2505/95-250 new
20 was 20 ILCS 2505/39c from Ch. 127, par. 39c
21 20 ILCS 2505/95-275 new
22 was 20 ILCS 2505/39e from Ch. 127, par. 39e
23 20 ILCS 2505/95-300 new
24 was 20 ILCS 2505/39b15 from Ch. 127, par. 39b15
25 20 ILCS 2505/95-305 new
26 was 20 ILCS 2505/39b15.1 from Ch. 127, par. 39b15.1
27 20 ILCS 2505/95-310 new
28 was 20 ILCS 2505/39b15.2 from Ch. 127, par. 39b15.2
29 20 ILCS 2505/95-315 new
30 was 20 ILCS 2505/39b16 from Ch. 127, par. 39b16
31 20 ILCS 2505/95-320 new
32 was 20 ILCS 2505/39b17 from Ch. 127, par. 39b17
33 20 ILCS 2505/95-340 new
34 was 20 ILCS 2505/39b35.1 from Ch. 127, par. 39b35.1
-741- LRB9009239DJcd
1 20 ILCS 2505/95-360 new
2 was 20 ILCS 2505/39b48 from Ch. 127, par. 39b48
3 20 ILCS 2505/95-380 new
4 was 20 ILCS 2505/39b47 from Ch. 127, par. 39b47
5 20 ILCS 2505/95-400 new
6 was 20 ILCS 2505/39b49 from Ch. 127, par. 39b49
7 20 ILCS 2505/95-405 new
8 was 20 ILCS 2505/39c-1c
9 20 ILCS 2505/95-450 new
10 was 20 ILCS 2505/39b18 from Ch. 127, par. 39b18
11 20 ILCS 2505/95-475 new
12 was 20 ILCS 2505/39b32 from Ch. 127, par. 39b32
13 20 ILCS 2505/95-500 new
14 was 20 ILCS 2505/39b11 from Ch. 127, par. 39b11
15 20 ILCS 2505/95-505 new
16 was 20 ILCS 2505/39b20 from Ch. 127, par. 39b20
17 20 ILCS 2505/95-510 new
18 was 20 ILCS 2505/39b20.1 from Ch. 127, par. 39b20.1
19 20 ILCS 2505/95-550 new
20 was 20 ILCS 2505/39b51
21 20 ILCS 2505/95-575 new
22 was 20 ILCS 2505/39b53
23 20 ILCS 2505/95-600 new
24 was 20 ILCS 2505/39b21 from Ch. 127, par. 39b21
25 20 ILCS 2505/95-605 new
26 was 20 ILCS 2505/39b22 from Ch. 127, par. 39b22
27 20 ILCS 2505/95-625 new
28 was 20 ILCS 2505/39b35 from Ch. 127, par. 39b35
29 20 ILCS 2505/95-630 new
30 was 20 ILCS 2505/39b36 from Ch. 127, par. 39b36
31 20 ILCS 2505/95-650 new
32 was 20 ILCS 2505/39b52
33 20 ILCS 2505/95-675 new
34 was 20 ILCS 2505/39b50 from Ch. 127, par. 39b50
-742- LRB9009239DJcd
1 20 ILCS 2505/95-700 new
2 was 20 ILCS 2505/39b13 from Ch. 127, par. 39b13
3 20 ILCS 2505/95-705 new
4 was 20 ILCS 2505/39b14 from Ch. 127, par. 39b14
5 20 ILCS 2505/95-730 new
6 was 20 ILCS 2505/39b23 from Ch. 127, par. 39b23
7 20 ILCS 2505/95-790 new
8 was 20 ILCS 2505/39b33 from Ch. 127, par. 39b33
9 20 ILCS 2505/95-795 new
10 was 20 ILCS 2505/39b19 from Ch. 127, par. 39b19
11 20 ILCS 2605/Art. 100 heading new
12 20 ILCS 2605/100-1 new
13 20 ILCS 2605/100-5 new
14 20 ILCS 2605/100-10 new
15 was 20 ILCS 2605/55a, subsfrom Ch. 127, par. 55a
16 20 ILCS 2605/100-15 new
17 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
18 20 ILCS 2605/100-25 new
19 was 20 ILCS 2605/55a-1 from Ch. 127, par.
20 55a-1
21 20 ILCS 2605/100-30 new
22 was 20 ILCS 2605/55a-2 from Ch. 127, par. 55a-2
23 20 ILCS 2605/100-35 new
24 was 20 ILCS 2605/55a-3 from Ch. 127, par.
25 55a-3
26 20 ILCS 2605/100-40 new
27 was 20 ILCS 2605/55a-4 from Ch. 127, par.
28 55a-4
29 20 ILCS 2605/100-45 new
30 was 20 ILCS 2605/55a-5 from Ch. 127, par. 55a-5
31 20 ILCS 2605/100-50 new
32 was 20 ILCS 2605/55a-6 from Ch. 127, par. 55a-6
33 20 ILCS 2605/100-75 new
34 was 20 ILCS 2605/55a, subsfrom Ch. 127, par. 55a
-743- LRB9009239DJcd
1 20 ILCS 2605/100-100 new
2 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
3 20 ILCS 2605/100-105 new
4 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
5 20 ILCS 2605/100-110 new
6 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
7 20 ILCS 2605/100-115 new
8 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
9 20 ILCS 2605/100-120 new
10 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
11 20 ILCS 2605/100-130 new
12 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
13 20 ILCS 2605/100-135 new
14 was 20 ILCS 2605/55c from Ch. 127, par. 55c
15 20 ILCS 2605/100-140 new
16 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
17 20 ILCS 2605/100-190 new
18 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
19 20 ILCS 2605/100-200 new
20 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
21 20 ILCS 2605/100-205 new
22 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
23 20 ILCS 2605/100-210 new
24 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
25 20 ILCS 2605/100-215 new
26 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
27 20 ILCS 2605/100-220 new
28 was 20 ILCS 2605/55a-7 from Ch. 127, par. 55a-7
29 20 ILCS 2605/100-250 new
30 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
31 20 ILCS 2605/100-275 new
32 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
33 20 ILCS 2605/100-300 new
34 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
-744- LRB9009239DJcd
1 20 ILCS 2605/100-305 new
2 was 20 ILCS 2605/55a, subsfrom Ch. 127, par. 55a
3 20 ILCS 2605/100-315 new
4 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
5 20 ILCS 2605/100-325 new
6 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
7 20 ILCS 2605/100-335 new
8 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
9 20 ILCS 2605/100-340 new
10 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
11 20 ILCS 2605/100-350 new
12 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
13 20 ILCS 2605/100-355 new
14 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
15 20 ILCS 2605/100-360 new
16 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
17 20 ILCS 2605/100-365 new
18 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
19 20 ILCS 2605/100-375 new
20 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
21 20 ILCS 2605/100-377 new
22 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
23 20 ILCS 2605/100-380 new
24 was 20 ILCS 2605/55a-8 from Ch. 127, par. 55a-8
25 20 ILCS 2605/100-390 new
26 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
27 20 ILCS 2605/100-400 new
28 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
29 20 ILCS 2605/100-405 new
30 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
31 20 ILCS 2605/100-420 new
32 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
33 20 ILCS 2605/100-430 new
34 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
-745- LRB9009239DJcd
1 20 ILCS 2605/100-435 new
2 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
3 20 ILCS 2605/100-500 new
4 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
5 20 ILCS 2605/100-505 new
6 was 20 ILCS 2605/55b from Ch. 127, par. 55b
7 20 ILCS 2605/100-525 new
8 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
9 20 ILCS 2605/100-550 new
10 was 20 ILCS 2605/55a, subdfrom Ch. 127, par. 55a
11 20 ILCS 2705/Art. 105 heading new
12 20 ILCS 2705/105-1 new
13 20 ILCS 2705/105-5 new
14 20 ILCS 2705/105-10 new
15 was 20 ILCS 2705/49, in pafrom Ch. 127, par. 49
16 20 ILCS 2705/105-15 new
17 was 20 ILCS 2705/49, in pafrom Ch. 127, pars.
18 49 and 49.23
19 20 ILCS 2705/105-90 new
20 was 20 ILCS 2705/49.31 from Ch. 127, par. 49.31
21 20 ILCS 2705/105-100 new
22 was 20 ILCS 2705/49.01a from Ch. 127, par. 49.01a
23 20 ILCS 2705/105-105 new
24 was 20 ILCS 2705/49.06a from Ch. 127, par. 49.06a
25 20 ILCS 2705/105-110 new
26 was 20 ILCS 2705/49.07a from Ch. 127, par. 49.07a
27 20 ILCS 2705/105-115 new
28 was 20 ILCS 2705/49.08a from Ch. 127, par. 49.08a
29 20 ILCS 2705/105-120 new
30 was 20 ILCS 2705/49.11 from Ch. 127, par. 49.11
31 20 ILCS 2705/105-125 new
32 was 20 ILCS 2705/49.22 from Ch. 127, par. 49.22
33 20 ILCS 2705/105-175 new
34 was 20 ILCS 2705/49.24 from Ch. 127, par. 49.24
-746- LRB9009239DJcd
1 20 ILCS 2705/105-200 new
2 was 20 ILCS 2705/49.16 from Ch. 127, par.
3 49.16
4 20 ILCS 2705/105-205 new
5 was 20 ILCS 2705/49.21 from Ch. 127, par. 49.21
6 20 ILCS 2705/105-210 new
7 was 20 ILCS 2705/49.15 from Ch. 127, par. 49.15
8 20 ILCS 2705/105-215 new
9 was 20 ILCS 2705/49.27 from Ch. 127, par. 49.27
10 20 ILCS 2705/105-225 new
11 was 20 ILCS 2705/49.02a from Ch. 127, par. 49.02a
12 20 ILCS 2705/105-240 new
13 was 20 ILCS 2705/49.17 from Ch. 127, par. 49.17
14 20 ILCS 2705/105-245 new
15 was 20 ILCS 2705/49.20 from Ch. 127, par. 49.20
16 20 ILCS 2705/105-255 new
17 was 20 ILCS 2705/49.14 from Ch. 127, par. 49.14
18 20 ILCS 2705/105-265 new
19 was 20 ILCS 2705/49.33
20 20 ILCS 2705/105-275 new
21 was 20 ILCS 2705/49.25j from Ch. 127, par. 49.25j
22 20 ILCS 2705/105-285 new
23 was 20 ILCS 2705/49.06b from Ch. 127, par. 49.06b
24 20 ILCS 2705/105-300 new
25 was 20 ILCS 2705/49.18 from Ch. 127, par. 49.18
26 20 ILCS 2705/105-305 new
27 was 20 ILCS 2705/49.19 from Ch. 127, par. 49.19
28 20 ILCS 2705/105-310 new
29 was 20 ILCS 2705/49.19a from Ch. 127, par. 49.19a
30 20 ILCS 2705/105-315 new
31 was 20 ILCS 2705/49.19b from Ch. 127, par. 49.19b
32 20 ILCS 2705/105-350 new
33 was 20 ILCS 2705/49.26 from Ch. 127, par. 49.26
34 20 ILCS 2705/105-375 new
-747- LRB9009239DJcd
1 was 20 ILCS 2705/49.34
2 20 ILCS 2705/105-400 new
3 was 20 ILCS 2705/49.25a from Ch. 127, par. 49.25a
4 20 ILCS 2705/105-405 new
5 was 20 ILCS 2705/49.25b from Ch. 127, par. 49.25b
6 20 ILCS 2705/105-410 new
7 was 20 ILCS 2705/49.25c from Ch. 127, par. 49.25c
8 20 ILCS 2705/105-415 new
9 was 20 ILCS 2705/49.25d from Ch. 127, par. 49.25d
10 20 ILCS 2705/105-420 new
11 was 20 ILCS 2705/49.25e from Ch. 127, par. 49.25e
12 20 ILCS 2705/105-425 new
13 was 20 ILCS 2705/49.25f from Ch. 127, par. 49.25f
14 20 ILCS 2705/105-430 new
15 was 20 ILCS 2705/49.25g from Ch. 127, par. 49.25g
16 20 ILCS 2705/105-435 new
17 was 20 ILCS 2705/49.25g-1 from Ch. 127, par. 49.25g-1
18 20 ILCS 2705/105-440 new
19 was 20 ILCS 2705/49.25h from Ch. 127, par. 49.25h
20 20 ILCS 2705/105-445 new
21 was 20 ILCS 2705/49.25i from Ch. 127, par. 49.25i
22 20 ILCS 2705/105-450 new
23 was 20 ILCS 2705/49.25h-1 from Ch. 127, par. 49.25h-1
24 20 ILCS 2705/105-500 new
25 was 20 ILCS 2705/49.29 from Ch. 127, par. 49.29
26 20 ILCS 2705/105-505 new
27 was 20 ILCS 2705/49.30 from Ch. 127, par.
28 49.30
29 20 ILCS 2705/105-510 new
30 was 20 ILCS 2705/49.15a from Ch. 127, par. 49.15a
31 20 ILCS 2705/105-550 new
32 was 20 ILCS 2705/49.12 from Ch. 127, par. 49.12
33 20 ILCS 2705/105-555 new
34 was 20 ILCS 2705/49.13 from Ch. 127, par. 49.13
-748- LRB9009239DJcd
1 20 ILCS 2705/105-575 new
2 was 20 ILCS 2705/49.28 from Ch. 127, par. 49.28
3 110 ILCS 355/Art. 150 heading new
4 110 ILCS 355/150-1 new
5 110 ILCS 355/150-5 new
6 was 110 ILCS 355/62 from Ch. 127, par.
7 62
8 15 ILCS 20/Art. 200 heading new
9 15 ILCS 20/200-1 new
10 15 ILCS 20/200-5 new
11 was 15 ILCS 20/38 from Ch. 127, par. 38
12 15 ILCS 20/200-10 new
13 was 15 ILCS 20/38.1 from Ch. 127, par. 38.1
14 15 ILCS 20/200-15 new
15 was 15 ILCS 20/38.2 from Ch. 127, par. 38.2
16 15 ILCS 20/200-20 new
17 was 15 ILCS 20/38.3
18 5 ILCS 620/Art. 205 heading new
19 5 ILCS 620/205-1 new
20 5 ILCS 620/205-5 new
21 was 5 ILCS 620/42 from Ch. 127, par. 42
22 5 ILCS 285/2 from Ch. 127, par. 63b100-2
23 5 ILCS 310/2 from Ch. 127, par. 4302
24 10 ILCS 5/1A-8 from Ch. 46, par. 1A-8
25 15 ILCS 305/13 from Ch. 124, par. 10.3
26 15 ILCS 505/12 from Ch. 130, par. 12
27 20 ILCS 105/5 from Ch. 23, par. 6105
28 20 ILCS 415/8b.1 from Ch. 127, par. 63b108b.1
29 20 ILCS 415/10 from Ch. 127, par. 63b110
30 20 ILCS 505/5 from Ch. 23, par. 5005
31 20 ILCS 1205/6 from Ch. 17, par. 106
32 20 ILCS 1305/1-15
33 20 ILCS 1305/10-25
34 20 ILCS 2305/2 from Ch. 111 1/2, par. 22
-749- LRB9009239DJcd
1 20 ILCS 2405/12a from Ch. 23, par. 3443a
2 20 ILCS 2610/1 from Ch. 121, par. 307.1
3 20 ILCS 2610/17a from Ch. 121, par. 307.17a
4 20 ILCS 2630/3 from Ch. 38, par. 206-3
5 20 ILCS 3105/9.08a from Ch. 127, par. 779.08a
6 20 ILCS 3205/5 from Ch. 17, par. 455
7 20 ILCS 3405/5.1 from Ch. 127, par. 2705.1
8 20 ILCS 3405/12 from Ch. 127, par. 2712
9 30 ILCS 105/6p-1 from Ch. 127, par. 142p1
10 30 ILCS 105/6p-2 from Ch. 127, par. 142p2
11 30 ILCS 105/6z-38
12 30 ILCS 105/8.16a from Ch. 127, par. 144.16a
13 30 ILCS 105/8.25 from Ch. 127, par. 144.25
14 30 ILCS 105/8.33 from Ch. 127, par. 144.33
15 30 ILCS 105/13.4 from Ch. 127, par. 149.4
16 30 ILCS 105/14 from Ch. 127, par. 150
17 30 ILCS 105/14b from Ch. 127, par. 150b
18 30 ILCS 105/36 from Ch. 127, par. 167.04
19 30 ILCS 110/1 from Ch. 127, par. 168-81
20 30 ILCS 205/2 from Ch. 15, par. 102
21 30 ILCS 230/2 from Ch. 127, par. 171
22 30 ILCS 330/4 from Ch. 127, par. 654
23 30 ILCS 505/5.1 from Ch. 127, par. 132.5-1
24 30 ILCS 505/6 from Ch. 127, par. 132.6
25 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
26 35 ILCS 5/302 from Ch. 120, par. 3-302
27 35 ILCS 5/701 from Ch. 120, par. 7-701
28 35 ILCS 5/901 from Ch. 120, par. 9-901
29 35 ILCS 145/6 from Ch. 120, par. 481b.36
30 35 ILCS 735/3-3 from Ch. 120, par. 2603-3
31 45 ILCS 50/2 from Ch. 96 1/2, par. 4712
32 50 ILCS 445/2 from Ch. 85, par. 872
33 65 ILCS 5/10-2.1-6.2 from Ch. 24, par. 10-2.1-6.2
34 65 ILCS 5/11-4-4 from Ch. 24, par. 11-4-4
-750- LRB9009239DJcd
1 65 ILCS 5/11-74-2 from Ch. 24, par. 11-74-2
2 70 ILCS 915/4 from Ch. 111 1/2, par. 5005
3 70 ILCS 915/5b from Ch. 111 1/2, par. 5008
4 70 ILCS 3615/4.01 from Ch. 111 2/3, par. 704.01
5 70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
6 70 ILCS 3615/4.11 from Ch. 111 2/3, par. 704.11
7 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62
8 105 ILCS 40/5
9 110 ILCS 305/1a from Ch. 144, par. 22a
10 110 ILCS 935/10 from Ch. 144, par. 1460
11 110 ILCS 978/30
12 210 ILCS 75/2 from Ch. 23, par. 1302
13 215 ILCS 5/401 from Ch. 73, par. 1013
14 220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101
15 225 ILCS 15/19 from Ch. 111, par. 5369
16 225 ILCS 20/22 from Ch. 111, par. 6372
17 225 ILCS 25/42 from Ch. 111, par. 2342
18 225 ILCS 30/110 from Ch. 111, par. 8401-110
19 225 ILCS 37/45
20 225 ILCS 37/70
21 225 ILCS 55/100 from Ch. 111, par. 8351-100
22 225 ILCS 60/21 from Ch. 111, par. 4400-21
23 225 ILCS 60/39 from Ch. 111, par. 4400-39
24 225 ILCS 63/130
25 225 ILCS 65/24 from Ch. 111, par. 3524
26 225 ILCS 65/33 from Ch. 111, par. 3533
27 225 ILCS 70/23 from Ch. 111, par. 3673
28 225 ILCS 80/20 from Ch. 111, par. 3920
29 225 ILCS 85/27 from Ch. 111, par. 4147
30 225 ILCS 100/19 from Ch. 111, par. 4819
31 225 ILCS 105/20 from Ch. 111, par. 5020
32 225 ILCS 106/110
33 225 ILCS 107/95
34 225 ILCS 120/35 from Ch. 111, par. 8301-35
-751- LRB9009239DJcd
1 225 ILCS 305/25 from Ch. 111, par. 1325
2 225 ILCS 305/38 from Ch. 111, par. 1338
3 225 ILCS 310/30 from Ch. 111, par. 8230
4 225 ILCS 315/15 from Ch. 111, par. 8115
5 225 ILCS 315/20 from Ch. 111, par. 8120
6 225 ILCS 325/27 from Ch. 111, par. 5227
7 225 ILCS 325/44 from Ch. 111, par. 5244
8 225 ILCS 330/30 from Ch. 111, par. 3280
9 225 ILCS 330/48 from Ch. 111, par. 3298
10 225 ILCS 335/9.2 from Ch. 111, par. 7509.2
11 225 ILCS 340/23 from Ch. 111, par. 6623
12 225 ILCS 340/36 from Ch. 111, par. 6636
13 225 ILCS 425/17
14 225 ILCS 430/18 from Ch. 111, par. 2419
15 225 ILCS 450/32 from Ch. 111, par. 5537
16 225 ILCS 620/16 from Ch. 111, par. 216
17 225 ILCS 645/2 from Ch. 111, par. 402
18 225 ILCS 655/4.1 from Ch. 111, par. 505
19 225 ILCS 705/1.15 from Ch. 96 1/2, par. 265
20 225 ILCS 745/95
21 230 ILCS 5/9 from Ch. 8, par. 37-9
22 230 ILCS 5/28 from Ch. 8, par. 37-28
23 230 ILCS 5/31 from Ch. 8, par. 37-31
24 230 ILCS 10/5 from Ch. 120, par. 2405
25 230 ILCS 10/22 from Ch. 120, par. 2422
26 235 ILCS 5/6-15 from Ch. 43, par. 130
27 235 ILCS 5/10-1 from Ch. 43, par. 183
28 240 ILCS 10/6 from Ch. 111 2/3, par. 124
29 240 ILCS 40/1-10
30 240 ILCS 40/1-15
31 240 ILCS 40/20-25
32 305 ILCS 5/11-9 from Ch. 23, par. 11-9
33 305 ILCS 5/12-1 from Ch. 23, par. 12-1
34 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
-752- LRB9009239DJcd
1 405 ILCS 75/1 from Ch. 91 1/2, par. 1751
2 410 ILCS 65/4 from Ch. 111 1/2, par. 8054
3 420 ILCS 5/8 from Ch. 111 1/2, par. 4308
4 425 ILCS 30/21 from Ch. 127 1/2, par. 121
5 430 ILCS 65/15a from Ch. 38, par. 83-15a
6 505 ILCS 80/6a from Ch. 5, par. 55.6a
7 605 ILCS 5/4-101.15 from Ch. 121, par. 4-101.15
8 615 ILCS 45/9 from Ch. 19, par. 37.19
9 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
10 625 ILCS 5/10-101 from Ch. 95 1/2, par. 10-101
11 720 ILCS 5/32-2 from Ch. 38, par. 32-2
12 720 ILCS 570/305 from Ch. 56 1/2, par. 1305
13 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
14 730 ILCS 5/3-5-3 from Ch. 38, par. 1003-5-3
15 730 ILCS 5/3-11-1 from Ch. 38, par. 1003-11-1
16 775 ILCS 5/7-105 from Ch. 68, par. 7-105
17 805 ILCS 405/5 from Ch. 96, par. 8
18 810 ILCS 5/1-104a from Ch. 26, par. 1-104a
19 820 ILCS 35/4 from Ch. 10, par. 22
20 820 ILCS 405/243 from Ch. 48, par. 353
21 820 ILCS 405/1511 from Ch. 48, par. 581
22 20 ILCS 605/46.20 rep.