State of Illinois
91st General Assembly

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SB351 Engrossed                                LRB9102715DHmg

 1        AN  ACT to amend the Intergovernmental Cooperation Act by
 2    changing Section 3.

 3        WHEREAS, It is the intent of the  General  Assembly  that
 4    governmental     entities    join    together    to    create
 5    intergovernmental agencies in order to combine their  efforts
 6    and  resources  so that the agencies may more fully safeguard
 7    the lives, persons, and property of all citizens of the State
 8    of Illinois; and

 9        WHEREAS, It is the intent of the  General  Assembly  that
10    when public agencies create an intergovernmental agency, that
11    agency   does   not  constitute  a  separate  suable  entity;
12    therefore

13        Be it enacted by the People of  the  State  of  Illinois,
14    represented in the General Assembly:

15        Section  5.  The  Intergovernmental  Cooperation  Act  is
16    amended by changing Section 3 as follows:

17        (5 ILCS 220/3) (from Ch. 127, par. 743)
18        Sec.   3.  Intergovernmental  agreements.  Any  power  or
19    powers, privileges or authority exercised  or  which  may  be
20    exercised  by  a public agency of this State may be exercised
21    and enjoyed jointly with any  other  public  agency  of  this
22    State  and  jointly with any public agency of any other state
23    or of the United States to the extent that laws of such other
24    state or of the United States do not prohibit joint  exercise
25    or  enjoyment.     This  includes, but is not limited to, (i)
26    arrangements  between   the   Illinois   Student   Assistance
27    Commission   and   agencies   in  other  states  which  issue
28    professional  licenses;  and  (ii)  agreements  between   the
29    Illinois Department of Public Aid and public agencies for the
SB351 Engrossed             -2-                LRB9102715DHmg
 1    establishment and enforcement of child support orders and for
 2    the  exchange  of  information  that may be necessary for the
 3    enforcement of those child support orders.
 4        It is not  intended  that  agencies  created  under  this
 5    Section  become  separate suable entities.  Further, this Act
 6    does not  contemplate  that  an  agency  created  under  this
 7    Section  becomes  a  separate  suable  entity.  It is not the
 8    intention of this Act to create additional liability exposure
 9    for the individual agencies participating in the agreement.
10    (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)

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