[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
92_HB0708
LRB9203186EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2001 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to reconcile the different versions of the
24 Section found in the Public Acts included in the list of
25 sources, but may not include other versions of the Section to
26 be found in Public Acts not included in the list of sources.
27 The list of sources is not a part of the text of the Section.
28 (d) Public Acts 91-001 through 91-937 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
-2- LRB9203186EGfg
1 Section 5. The Regulatory Sunset Act is amended by
2 changing Sections 4.10, 4.20, and 4.21 as follows:
3 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
4 Sec. 4.10. The following Acts are repealed December 31,
5 1999:
6 The Fire Equipment Distributor and Employee Regulation
7 Act.
8 The Land Sales Registration Act of 1989.
9 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
10 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
11 91-255, eff. 12-30-99; revised 11-9-99.)
12 (5 ILCS 80/4.20)
13 Sec. 4.20. Acts Act repealed on January 1, 2010 December
14 31, 2009. The following Acts are Act is repealed on January
15 1, 2010 December 31, 2009:
16 The Auction License Act.
17 The Illinois Architecture Practice Act of 1989.
18 The Illinois Landscape Architecture Act of 1989.
19 The Illinois Professional Land Surveyor Act of 1989.
20 The Land Sales Registration Act of 1999.
21 The Illinois Orthotics, Prosthetics, and Pedorthics
22 Practice Act.
23 The Perfusionist Practice Act.
24 The Professional Engineering Practice Act of 1989.
25 The Real Estate License Act of 2000.
26 The Structural Engineering Practice Act of 1989.
27 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
28 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
29 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff.
30 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised
31 12-10-99.)
-3- LRB9203186EGfg
1 (5 ILCS 80/4.21)
2 Sec. 4.21. Acts Act repealed on January 1, 2011. The
3 following Acts are Act is repealed on January 1, 2011:
4 The Fire Equipment Distributor and Employee Regulation
5 Act of 2000.
6 The Radiation Protection Act of 1990.
7 (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00;
8 revised 9-1-00.)
9 Section 6.5. The Illinois Administrative Procedure Act
10 is amended by changing Section 10-50 as follows:
11 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
12 Sec. 10-50. Decisions and orders.
13 (a) A final decision or order adverse to a party (other
14 than the agency) in a contested case shall be in writing or
15 stated in the record. A final decision shall include
16 findings of fact and conclusions of law, separately stated.
17 Findings of fact, if set forth in statutory language, shall
18 be accompanied by a concise and explicit statement of the
19 underlying facts supporting the findings. If, in accordance
20 with agency rules, a party submitted proposed findings of
21 fact, the decision shall include a ruling upon each proposed
22 finding. Parties or their agents appointed to receive
23 service of process shall be notified either personally or by
24 registered or certified mail of any decision or order. Upon
25 request a copy of the decision or order shall be delivered or
26 mailed forthwith to each party and to his attorney of record.
27 (b) All agency orders shall specify whether they are
28 final and subject to the Administrative Review Law.
29 (c) A decision by any agency in a contested case under
30 this Act shall be void unless the proceedings are conducted
31 in compliance with the provisions of this Act relating to
32 contested cases, except to the extent those provisions are
-4- LRB9203186EGfg
1 waived under Section 10-70 10-75 and except to the extent the
2 agency has adopted its own rules for contested cases as
3 authorized in Section 1-5.
4 (Source: P.A. 87-823; revised 2-24-00.)
5 Section 7. The Freedom of Information Act is amended by
6 changing Section 7 as follows:
7 (5 ILCS 140/7) (from Ch. 116, par. 207)
8 Sec. 7. Exemptions.
9 (1) The following shall be exempt from inspection and
10 copying:
11 (a) Information specifically prohibited from
12 disclosure by federal or State law or rules and
13 regulations adopted under federal or State law.
14 (b) Information that, if disclosed, would
15 constitute a clearly unwarranted invasion of personal
16 privacy, unless the disclosure is consented to in writing
17 by the individual subjects of the information. The
18 disclosure of information that bears on the public duties
19 of public employees and officials shall not be considered
20 an invasion of personal privacy. Information exempted
21 under this subsection (b) shall include but is not
22 limited to:
23 (i) files and personal information maintained
24 with respect to clients, patients, residents,
25 students or other individuals receiving social,
26 medical, educational, vocational, financial,
27 supervisory or custodial care or services directly
28 or indirectly from federal agencies or public
29 bodies;
30 (ii) personnel files and personal information
31 maintained with respect to employees, appointees or
32 elected officials of any public body or applicants
-5- LRB9203186EGfg
1 for those positions;
2 (iii) files and personal information
3 maintained with respect to any applicant, registrant
4 or licensee by any public body cooperating with or
5 engaged in professional or occupational
6 registration, licensure or discipline;
7 (iv) information required of any taxpayer in
8 connection with the assessment or collection of any
9 tax unless disclosure is otherwise required by State
10 statute; and
11 (v) information revealing the identity of
12 persons who file complaints with or provide
13 information to administrative, investigative, law
14 enforcement or penal agencies; provided, however,
15 that identification of witnesses to traffic
16 accidents, traffic accident reports, and rescue
17 reports may be provided by agencies of local
18 government, except in a case for which a criminal
19 investigation is ongoing, without constituting a
20 clearly unwarranted per se invasion of personal
21 privacy under this subsection.
22 (c) Records compiled by any public body for
23 administrative enforcement proceedings and any law
24 enforcement or correctional agency for law enforcement
25 purposes or for internal matters of a public body, but
26 only to the extent that disclosure would:
27 (i) interfere with pending or actually and
28 reasonably contemplated law enforcement proceedings
29 conducted by any law enforcement or correctional
30 agency;
31 (ii) interfere with pending administrative
32 enforcement proceedings conducted by any public
33 body;
34 (iii) deprive a person of a fair trial or an
-6- LRB9203186EGfg
1 impartial hearing;
2 (iv) unavoidably disclose the identity of a
3 confidential source or confidential information
4 furnished only by the confidential source;
5 (v) disclose unique or specialized
6 investigative techniques other than those generally
7 used and known or disclose internal documents of
8 correctional agencies related to detection,
9 observation or investigation of incidents of crime
10 or misconduct;
11 (vi) constitute an invasion of personal
12 privacy under subsection (b) of this Section;
13 (vii) endanger the life or physical safety of
14 law enforcement personnel or any other person; or
15 (viii) obstruct an ongoing criminal
16 investigation.
17 (d) Criminal history record information maintained
18 by State or local criminal justice agencies, except the
19 following which shall be open for public inspection and
20 copying:
21 (i) chronologically maintained arrest
22 information, such as traditional arrest logs or
23 blotters;
24 (ii) the name of a person in the custody of a
25 law enforcement agency and the charges for which
26 that person is being held;
27 (iii) court records that are public;
28 (iv) records that are otherwise available
29 under State or local law; or
30 (v) records in which the requesting party is
31 the individual identified, except as provided under
32 part (vii) of paragraph (c) of subsection (1) of
33 this Section.
34 "Criminal history record information" means data
-7- LRB9203186EGfg
1 identifiable to an individual and consisting of
2 descriptions or notations of arrests, detentions,
3 indictments, informations, pre-trial proceedings, trials,
4 or other formal events in the criminal justice system or
5 descriptions or notations of criminal charges (including
6 criminal violations of local municipal ordinances) and
7 the nature of any disposition arising therefrom,
8 including sentencing, court or correctional supervision,
9 rehabilitation and release. The term does not apply to
10 statistical records and reports in which individuals are
11 not identified and from which their identities are not
12 ascertainable, or to information that is for criminal
13 investigative or intelligence purposes.
14 (e) Records that relate to or affect the security
15 of correctional institutions and detention facilities.
16 (f) Preliminary drafts, notes, recommendations,
17 memoranda and other records in which opinions are
18 expressed, or policies or actions are formulated, except
19 that a specific record or relevant portion of a record
20 shall not be exempt when the record is publicly cited and
21 identified by the head of the public body. The exemption
22 provided in this paragraph (f) extends to all those
23 records of officers and agencies of the General Assembly
24 that pertain to the preparation of legislative documents.
25 (g) Trade secrets and commercial or financial
26 information obtained from a person or business where the
27 trade secrets or information are proprietary, privileged
28 or confidential, or where disclosure of the trade secrets
29 or information may cause competitive harm, including all
30 information determined to be confidential under Section
31 4002 of the Technology Advancement and Development Act.
32 Nothing contained in this paragraph (g) shall be
33 construed to prevent a person or business from consenting
34 to disclosure.
-8- LRB9203186EGfg
1 (h) Proposals and bids for any contract, grant, or
2 agreement, including information which if it were
3 disclosed would frustrate procurement or give an
4 advantage to any person proposing to enter into a
5 contractor agreement with the body, until an award or
6 final selection is made. Information prepared by or for
7 the body in preparation of a bid solicitation shall be
8 exempt until an award or final selection is made.
9 (i) Valuable formulae, designs, drawings and
10 research data obtained or produced by any public body
11 when disclosure could reasonably be expected to produce
12 private gain or public loss.
13 (j) Test questions, scoring keys and other
14 examination data used to administer an academic
15 examination or determined the qualifications of an
16 applicant for a license or employment.
17 (k) Architects' plans and engineers' technical
18 submissions for projects not constructed or developed in
19 whole or in part with public funds and for projects
20 constructed or developed with public funds, to the extent
21 that disclosure would compromise security.
22 (l) Library circulation and order records
23 identifying library users with specific materials.
24 (m) Minutes of meetings of public bodies closed to
25 the public as provided in the Open Meetings Act until the
26 public body makes the minutes available to the public
27 under Section 2.06 of the Open Meetings Act.
28 (n) Communications between a public body and an
29 attorney or auditor representing the public body that
30 would not be subject to discovery in litigation, and
31 materials prepared or compiled by or for a public body in
32 anticipation of a criminal, civil or administrative
33 proceeding upon the request of an attorney advising the
34 public body, and materials prepared or compiled with
-9- LRB9203186EGfg
1 respect to internal audits of public bodies.
2 (o) Information received by a primary or secondary
3 school, college or university under its procedures for
4 the evaluation of faculty members by their academic
5 peers.
6 (p) Administrative or technical information
7 associated with automated data processing operations,
8 including but not limited to software, operating
9 protocols, computer program abstracts, file layouts,
10 source listings, object modules, load modules, user
11 guides, documentation pertaining to all logical and
12 physical design of computerized systems, employee
13 manuals, and any other information that, if disclosed,
14 would jeopardize the security of the system or its data
15 or the security of materials exempt under this Section.
16 (q) Documents or materials relating to collective
17 negotiating matters between public bodies and their
18 employees or representatives, except that any final
19 contract or agreement shall be subject to inspection and
20 copying.
21 (r) Drafts, notes, recommendations and memoranda
22 pertaining to the financing and marketing transactions of
23 the public body. The records of ownership, registration,
24 transfer, and exchange of municipal debt obligations, and
25 of persons to whom payment with respect to these
26 obligations is made.
27 (s) The records, documents and information relating
28 to real estate purchase negotiations until those
29 negotiations have been completed or otherwise terminated.
30 With regard to a parcel involved in a pending or actually
31 and reasonably contemplated eminent domain proceeding
32 under Article VII of the Code of Civil Procedure,
33 records, documents and information relating to that
34 parcel shall be exempt except as may be allowed under
-10- LRB9203186EGfg
1 discovery rules adopted by the Illinois Supreme Court.
2 The records, documents and information relating to a real
3 estate sale shall be exempt until a sale is consummated.
4 (t) Any and all proprietary information and records
5 related to the operation of an intergovernmental risk
6 management association or self-insurance pool or jointly
7 self-administered health and accident cooperative or
8 pool.
9 (u) Information concerning a university's
10 adjudication of student or employee grievance or
11 disciplinary cases, to the extent that disclosure would
12 reveal the identity of the student or employee and
13 information concerning any public body's adjudication of
14 student or employee grievances or disciplinary cases,
15 except for the final outcome of the cases.
16 (v) Course materials or research materials used by
17 faculty members.
18 (w) Information related solely to the internal
19 personnel rules and practices of a public body.
20 (x) Information contained in or related to
21 examination, operating, or condition reports prepared by,
22 on behalf of, or for the use of a public body responsible
23 for the regulation or supervision of financial
24 institutions or insurance companies, unless disclosure is
25 otherwise required by State law.
26 (y) Information the disclosure of which is
27 restricted under Section 5-108 of the Public Utilities
28 Act.
29 (z) Manuals or instruction to staff that relate to
30 establishment or collection of liability for any State
31 tax or that relate to investigations by a public body to
32 determine violation of any criminal law.
33 (aa) Applications, related documents, and medical
34 records received by the Experimental Organ
-11- LRB9203186EGfg
1 Transplantation Procedures Board and any and all
2 documents or other records prepared by the Experimental
3 Organ Transplantation Procedures Board or its staff
4 relating to applications it has received.
5 (bb) Insurance or self insurance (including any
6 intergovernmental risk management association or self
7 insurance pool) claims, loss or risk management
8 information, records, data, advice or communications.
9 (cc) Information and records held by the Department
10 of Public Health and its authorized representatives
11 relating to known or suspected cases of sexually
12 transmissible disease or any information the disclosure
13 of which is restricted under the Illinois Sexually
14 Transmissible Disease Control Act.
15 (dd) Information the disclosure of which is
16 exempted under Section 30 of the Radon Industry Licensing
17 Act.
18 (ee) Firm performance evaluations under Section 55
19 of the Architectural, Engineering, and Land Surveying
20 Qualifications Based Selection Act.
21 (ff) Security portions of system safety program
22 plans, investigation reports, surveys, schedules, lists,
23 data, or information compiled, collected, or prepared by
24 or for the Regional Transportation Authority under
25 Section 2.11 of the Regional Transportation Authority Act
26 or the State of Missouri under the Bi-State Transit
27 Safety Act.
28 (gg) Information the disclosure of which is
29 restricted and exempted under Section 50 of the Illinois
30 Prepaid Tuition Act.
31 (hh) Information the disclosure of which is
32 exempted under Section 80 of the State Gift Ban Act.
33 (ii) Beginning July 1, 1999, information that would
34 disclose or might lead to the disclosure of secret or
-12- LRB9203186EGfg
1 confidential information, codes, algorithms, programs, or
2 private keys intended to be used to create electronic or
3 digital signatures under the Electronic Commerce Security
4 Act.
5 (jj) Information contained in a local emergency
6 energy plan submitted to a municipality in accordance
7 with a local emergency energy plan ordinance that is
8 adopted under Section 11-21.5-5 of the Illinois Municipal
9 Code.
10 (kk) (jj) Information and data concerning the
11 distribution of surcharge moneys collected and remitted
12 by wireless carriers under the Wireless Emergency
13 Telephone Safety Act.
14 (2) This Section does not authorize withholding of
15 information or limit the availability of records to the
16 public, except as stated in this Section or otherwise
17 provided in this Act.
18 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
19 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
20 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357,
21 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.)
22 Section 8. The State Records Act is amended by changing
23 Section 4a as follows:
24 (5 ILCS 160/4a)
25 Sec. 4a. Arrest reports.
26 (a) When an individual is arrested, the following
27 information must be made available to the news media for
28 inspection and copying:
29 (1) Information that identifies the individual
30 person, including the name, age, address, and photograph,
31 when and if available.
32 (2) Information detailing any charges relating to
-13- LRB9203186EGfg
1 the arrest.
2 (3) The time and location of the arrest.
3 (4) The name of the investigating or arresting law
4 enforcement agency.
5 (5) If the individual is incarcerated, the amount
6 of any bail or bond.
7 (6) If the individual is incarcerated, the time and
8 date that the individual was received, discharged, or
9 transferred from the arresting agency's custody.
10 (b) The information required by this Section must be
11 made available to the news media for inspection and copying
12 as soon as practicable, but in no event shall the time period
13 exceed 72 hours from the arrest. The information described
14 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
15 subsection (a), however, may be withheld if it is determined
16 that disclosure would:
17 (1) interfere with pending or actually and
18 reasonably contemplated law enforcement proceedings
19 conducted by any law enforcement or correctional agency;
20 (2) endanger the life or physical safety of law
21 enforcement or correctional personnel or any other
22 person; or
23 (3) compromise the security of any correctional
24 facility.
25 (c) For the purposes of this Section, the term "news
26 media" means personnel of a newspaper or other periodical
27 issued at regular intervals, a news service, a radio station,
28 a television station, a community antenna television service,
29 or a person or corporation engaged in making news reels or
30 other motion picture news for public showing.
31 (d) Each law enforcement or correctional agency may
32 charge fees for arrest records, but in no instance may the
33 fee exceed the actual cost of copying and reproduction. The
34 fees may not include the cost of the labor used to reproduce
-14- LRB9203186EGfg
1 the arrest record.
2 (e) The provisions of this Section do not supersede the
3 confidentiality provisions for arrest records of the Juvenile
4 Court Act of 1987.
5 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
6 Section 9. The State Employees Group Insurance Act of
7 1971 is amended by changing Sections 3 and 10 and by changing
8 and renumbering multiple versions of Section 6.12 as follows:
9 (5 ILCS 375/3) (from Ch. 127, par. 523)
10 Sec. 3. Definitions. Unless the context otherwise
11 requires, the following words and phrases as used in this Act
12 shall have the following meanings. The Department may define
13 these and other words and phrases separately for the purpose
14 of implementing specific programs providing benefits under
15 this Act.
16 (a) "Administrative service organization" means any
17 person, firm or corporation experienced in the handling of
18 claims which is fully qualified, financially sound and
19 capable of meeting the service requirements of a contract of
20 administration executed with the Department.
21 (b) "Annuitant" means (1) an employee who retires, or
22 has retired, on or after January 1, 1966 on an immediate
23 annuity under the provisions of Articles 2, 14, 15 (including
24 an employee who has retired under the optional retirement
25 program established under Section 15-158.2), paragraphs (2),
26 (3), or (5) of Section 16-106, or Article 18 of the Illinois
27 Pension Code; (2) any person who was receiving group
28 insurance coverage under this Act as of March 31, 1978 by
29 reason of his status as an annuitant, even though the annuity
30 in relation to which such coverage was provided is a
31 proportional annuity based on less than the minimum period of
32 service required for a retirement annuity in the system
-15- LRB9203186EGfg
1 involved; (3) any person not otherwise covered by this Act
2 who has retired as a participating member under Article 2 of
3 the Illinois Pension Code but is ineligible for the
4 retirement annuity under Section 2-119 of the Illinois
5 Pension Code; (4) the spouse of any person who is receiving a
6 retirement annuity under Article 18 of the Illinois Pension
7 Code and who is covered under a group health insurance
8 program sponsored by a governmental employer other than the
9 State of Illinois and who has irrevocably elected to waive
10 his or her coverage under this Act and to have his or her
11 spouse considered as the "annuitant" under this Act and not
12 as a "dependent"; or (5) an employee who retires, or has
13 retired, from a qualified position, as determined according
14 to rules promulgated by the Director, under a qualified local
15 government or a qualified rehabilitation facility or a
16 qualified domestic violence shelter or service. (For
17 definition of "retired employee", see (p) post).
18 (b-5) "New SERS annuitant" means a person who, on or
19 after January 1, 1998, becomes an annuitant, as defined in
20 subsection (b), by virtue of beginning to receive a
21 retirement annuity under Article 14 of the Illinois Pension
22 Code, and is eligible to participate in the basic program of
23 group health benefits provided for annuitants under this Act.
24 (b-6) "New SURS annuitant" means a person who (1) on or
25 after January 1, 1998, becomes an annuitant, as defined in
26 subsection (b), by virtue of beginning to receive a
27 retirement annuity under Article 15 of the Illinois Pension
28 Code, (2) has not made the election authorized under Section
29 15-135.1 of the Illinois Pension Code, and (3) is eligible to
30 participate in the basic program of group health benefits
31 provided for annuitants under this Act.
32 (b-7) "New TRS State annuitant" means a person who, on
33 or after July 1, 1998, becomes an annuitant, as defined in
34 subsection (b), by virtue of beginning to receive a
-16- LRB9203186EGfg
1 retirement annuity under Article 16 of the Illinois Pension
2 Code based on service as a teacher as defined in paragraph
3 (2), (3), or (5) of Section 16-106 of that Code, and is
4 eligible to participate in the basic program of group health
5 benefits provided for annuitants under this Act.
6 (c) "Carrier" means (1) an insurance company, a
7 corporation organized under the Limited Health Service
8 Organization Act or the Voluntary Health Services Plan Act, a
9 partnership, or other nongovernmental organization, which is
10 authorized to do group life or group health insurance
11 business in Illinois, or (2) the State of Illinois as a
12 self-insurer.
13 (d) "Compensation" means salary or wages payable on a
14 regular payroll by the State Treasurer on a warrant of the
15 State Comptroller out of any State, trust or federal fund, or
16 by the Governor of the State through a disbursing officer of
17 the State out of a trust or out of federal funds, or by any
18 Department out of State, trust, federal or other funds held
19 by the State Treasurer or the Department, to any person for
20 personal services currently performed, and ordinary or
21 accidental disability benefits under Articles 2, 14, 15
22 (including ordinary or accidental disability benefits under
23 the optional retirement program established under Section
24 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
25 Article 18 of the Illinois Pension Code, for disability
26 incurred after January 1, 1966, or benefits payable under the
27 Workers' Compensation or Occupational Diseases Act or
28 benefits payable under a sick pay plan established in
29 accordance with Section 36 of the State Finance Act.
30 "Compensation" also means salary or wages paid to an employee
31 of any qualified local government or qualified rehabilitation
32 facility or a qualified domestic violence shelter or service.
33 (e) "Commission" means the State Employees Group
34 Insurance Advisory Commission authorized by this Act.
-17- LRB9203186EGfg
1 Commencing July 1, 1984, "Commission" as used in this Act
2 means the Illinois Economic and Fiscal Commission as
3 established by the Legislative Commission Reorganization Act
4 of 1984.
5 (f) "Contributory", when referred to as contributory
6 coverage, shall mean optional coverages or benefits elected
7 by the member toward the cost of which such member makes
8 contribution, or which are funded in whole or in part through
9 the acceptance of a reduction in earnings or the foregoing of
10 an increase in earnings by an employee, as distinguished from
11 noncontributory coverage or benefits which are paid entirely
12 by the State of Illinois without reduction of the member's
13 salary.
14 (g) "Department" means any department, institution,
15 board, commission, officer, court or any agency of the State
16 government receiving appropriations and having power to
17 certify payrolls to the Comptroller authorizing payments of
18 salary and wages against such appropriations as are made by
19 the General Assembly from any State fund, or against trust
20 funds held by the State Treasurer and includes boards of
21 trustees of the retirement systems created by Articles 2, 14,
22 15, 16 and 18 of the Illinois Pension Code. "Department"
23 also includes the Illinois Comprehensive Health Insurance
24 Board, the Board of Examiners established under the Illinois
25 Public Accounting Act, and the Illinois Rural Bond Bank.
26 (h) "Dependent", when the term is used in the context of
27 the health and life plan, means a member's spouse and any
28 unmarried child (1) from birth to age 19 including an adopted
29 child, a child who lives with the member from the time of the
30 filing of a petition for adoption until entry of an order of
31 adoption, a stepchild or recognized child who lives with the
32 member in a parent-child relationship, or a child who lives
33 with the member if such member is a court appointed guardian
34 of the child, or (2) age 19 to 23 enrolled as a full-time
-18- LRB9203186EGfg
1 student in any accredited school, financially dependent upon
2 the member, and eligible to be claimed as a dependent for
3 income tax purposes, or (3) age 19 or over who is mentally or
4 physically handicapped. For the health plan only, the term
5 "dependent" also includes any person enrolled prior to the
6 effective date of this Section who is dependent upon the
7 member to the extent that the member may claim such person as
8 a dependent for income tax deduction purposes; no other such
9 person may be enrolled.
10 (i) "Director" means the Director of the Illinois
11 Department of Central Management Services.
12 (j) "Eligibility period" means the period of time a
13 member has to elect enrollment in programs or to select
14 benefits without regard to age, sex or health.
15 (k) "Employee" means and includes each officer or
16 employee in the service of a department who (1) receives his
17 compensation for service rendered to the department on a
18 warrant issued pursuant to a payroll certified by a
19 department or on a warrant or check issued and drawn by a
20 department upon a trust, federal or other fund or on a
21 warrant issued pursuant to a payroll certified by an elected
22 or duly appointed officer of the State or who receives
23 payment of the performance of personal services on a warrant
24 issued pursuant to a payroll certified by a Department and
25 drawn by the Comptroller upon the State Treasurer against
26 appropriations made by the General Assembly from any fund or
27 against trust funds held by the State Treasurer, and (2) is
28 employed full-time or part-time in a position normally
29 requiring actual performance of duty during not less than 1/2
30 of a normal work period, as established by the Director in
31 cooperation with each department, except that persons elected
32 by popular vote will be considered employees during the
33 entire term for which they are elected regardless of hours
34 devoted to the service of the State, and (3) except that
-19- LRB9203186EGfg
1 "employee" does not include any person who is not eligible by
2 reason of such person's employment to participate in one of
3 the State retirement systems under Articles 2, 14, 15 (either
4 the regular Article 15 system or the optional retirement
5 program established under Section 15-158.2) or 18, or under
6 paragraph (2), (3), or (5) of Section 16-106, of the Illinois
7 Pension Code, but such term does include persons who are
8 employed during the 6 month qualifying period under Article
9 14 of the Illinois Pension Code. Such term also includes any
10 person who (1) after January 1, 1966, is receiving ordinary
11 or accidental disability benefits under Articles 2, 14, 15
12 (including ordinary or accidental disability benefits under
13 the optional retirement program established under Section
14 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
15 Article 18 of the Illinois Pension Code, for disability
16 incurred after January 1, 1966, (2) receives total permanent
17 or total temporary disability under the Workers' Compensation
18 Act or Occupational Disease Act as a result of injuries
19 sustained or illness contracted in the course of employment
20 with the State of Illinois, or (3) is not otherwise covered
21 under this Act and has retired as a participating member
22 under Article 2 of the Illinois Pension Code but is
23 ineligible for the retirement annuity under Section 2-119 of
24 the Illinois Pension Code. However, a person who satisfies
25 the criteria of the foregoing definition of "employee" except
26 that such person is made ineligible to participate in the
27 State Universities Retirement System by clause (4) of
28 subsection (a) of Section 15-107 of the Illinois Pension Code
29 is also an "employee" for the purposes of this Act.
30 "Employee" also includes any person receiving or eligible for
31 benefits under a sick pay plan established in accordance with
32 Section 36 of the State Finance Act. "Employee" also includes
33 each officer or employee in the service of a qualified local
34 government, including persons appointed as trustees of
-20- LRB9203186EGfg
1 sanitary districts regardless of hours devoted to the service
2 of the sanitary district, and each employee in the service of
3 a qualified rehabilitation facility and each full-time
4 employee in the service of a qualified domestic violence
5 shelter or service, as determined according to rules
6 promulgated by the Director.
7 (l) "Member" means an employee, annuitant, retired
8 employee or survivor.
9 (m) "Optional coverages or benefits" means those
10 coverages or benefits available to the member on his or her
11 voluntary election, and at his or her own expense.
12 (n) "Program" means the group life insurance, health
13 benefits and other employee benefits designed and contracted
14 for by the Director under this Act.
15 (o) "Health plan" means a health benefits program
16 offered by the State of Illinois for persons eligible for the
17 plan.
18 (p) "Retired employee" means any person who would be an
19 annuitant as that term is defined herein but for the fact
20 that such person retired prior to January 1, 1966. Such term
21 also includes any person formerly employed by the University
22 of Illinois in the Cooperative Extension Service who would be
23 an annuitant but for the fact that such person was made
24 ineligible to participate in the State Universities
25 Retirement System by clause (4) of subsection (a) of Section
26 15-107 of the Illinois Pension Code.
27 (q) "Survivor" means a person receiving an annuity as a
28 survivor of an employee or of an annuitant. "Survivor" also
29 includes: (1) the surviving dependent of a person who
30 satisfies the definition of "employee" except that such
31 person is made ineligible to participate in the State
32 Universities Retirement System by clause (4) of subsection
33 (a) of Section 15-107 of the Illinois Pension Code; and (2)
34 the surviving dependent of any person formerly employed by
-21- LRB9203186EGfg
1 the University of Illinois in the Cooperative Extension
2 Service who would be an annuitant except for the fact that
3 such person was made ineligible to participate in the State
4 Universities Retirement System by clause (4) of subsection
5 (a) of Section 15-107 of the Illinois Pension Code.
6 (q-5) "New SERS survivor" means a survivor, as defined
7 in subsection (q), whose annuity is paid under Article 14 of
8 the Illinois Pension Code and is based on the death of (i) an
9 employee whose death occurs on or after January 1, 1998, or
10 (ii) a new SERS annuitant as defined in subsection (b-5).
11 (q-6) "New SURS survivor" means a survivor, as defined
12 in subsection (q), whose annuity is paid under Article 15 of
13 the Illinois Pension Code and is based on the death of (i) an
14 employee whose death occurs on or after January 1, 1998, or
15 (ii) a new SURS annuitant as defined in subsection (b-6).
16 (q-7) "New TRS State survivor" means a survivor, as
17 defined in subsection (q), whose annuity is paid under
18 Article 16 of the Illinois Pension Code and is based on the
19 death of (i) an employee who is a teacher as defined in
20 paragraph (2), (3), or (5) of Section 16-106 of that Code and
21 whose death occurs on or after July 1, 1998, or (ii) a new
22 TRS State annuitant as defined in subsection (b-7).
23 (r) "Medical services" means the services provided
24 within the scope of their licenses by practitioners in all
25 categories licensed under the Medical Practice Act of 1987.
26 (s) "Unit of local government" means any county,
27 municipality, township, school district, special district or
28 other unit, designated as a unit of local government by law,
29 which exercises limited governmental powers or powers in
30 respect to limited governmental subjects, any not-for-profit
31 association with a membership that primarily includes
32 townships and township officials, that has duties that
33 include provision of research service, dissemination of
34 information, and other acts for the purpose of improving
-22- LRB9203186EGfg
1 township government, and that is funded wholly or partly in
2 accordance with Section 85-15 of the Township Code; any
3 not-for-profit corporation or association, with a membership
4 consisting primarily of municipalities, that operates its own
5 utility system, and provides research, training,
6 dissemination of information, or other acts to promote
7 cooperation between and among municipalities that provide
8 utility services and for the advancement of the goals and
9 purposes of its membership; the Southern Illinois Collegiate
10 Common Market, which is a consortium of higher education
11 institutions in Southern Illinois; and the Illinois
12 Association of Park Districts. "Qualified local government"
13 means a unit of local government approved by the Director and
14 participating in a program created under subsection (i) of
15 Section 10 of this Act.
16 (t) "Qualified rehabilitation facility" means any
17 not-for-profit organization that is accredited by the
18 Commission on Accreditation of Rehabilitation Facilities or
19 certified by the Department of Human Services (as successor
20 to the Department of Mental Health and Developmental
21 Disabilities) to provide services to persons with
22 disabilities and which receives funds from the State of
23 Illinois for providing those services, approved by the
24 Director and participating in a program created under
25 subsection (j) of Section 10 of this Act.
26 (u) "Qualified domestic violence shelter or service"
27 means any Illinois domestic violence shelter or service and
28 its administrative offices funded by the Department of Human
29 Services (as successor to the Illinois Department of Public
30 Aid), approved by the Director and participating in a program
31 created under subsection (k) of Section 10.
32 (v) "TRS benefit recipient" means a person who:
33 (1) is not a "member" as defined in this Section;
34 and
-23- LRB9203186EGfg
1 (2) is receiving a monthly benefit or retirement
2 annuity under Article 16 of the Illinois Pension Code;
3 and
4 (3) either (i) has at least 8 years of creditable
5 service under Article 16 of the Illinois Pension Code, or
6 (ii) was enrolled in the health insurance program offered
7 under that Article on January 1, 1996, or (iii) is the
8 survivor of a benefit recipient who had at least 8 years
9 of creditable service under Article 16 of the Illinois
10 Pension Code or was enrolled in the health insurance
11 program offered under that Article on the effective date
12 of this amendatory Act of 1995, or (iv) is a recipient or
13 survivor of a recipient of a disability benefit under
14 Article 16 of the Illinois Pension Code.
15 (w) "TRS dependent beneficiary" means a person who:
16 (1) is not a "member" or "dependent" as defined in
17 this Section; and
18 (2) is a TRS benefit recipient's: (A) spouse, (B)
19 dependent parent who is receiving at least half of his or
20 her support from the TRS benefit recipient, or (C)
21 unmarried natural or adopted child who is (i) under age
22 19, or (ii) enrolled as a full-time student in an
23 accredited school, financially dependent upon the TRS
24 benefit recipient, eligible to be claimed as a dependent
25 for income tax purposes, and either is under age 24 or
26 was, on January 1, 1996, participating as a dependent
27 beneficiary in the health insurance program offered under
28 Article 16 of the Illinois Pension Code, or (iii) age 19
29 or over who is mentally or physically handicapped.
30 (x) "Military leave with pay and benefits" refers to
31 individuals in basic training for reserves, special/advanced
32 training, annual training, emergency call up, or activation
33 by the President of the United States with approved pay and
34 benefits.
-24- LRB9203186EGfg
1 (y) "Military leave without pay and benefits" refers to
2 individuals who enlist for active duty in a regular component
3 of the U.S. Armed Forces or other duty not specified or
4 authorized under military leave with pay and benefits.
5 (z) "Community college benefit recipient" means a person
6 who:
7 (1) is not a "member" as defined in this Section;
8 and
9 (2) is receiving a monthly survivor's annuity or
10 retirement annuity under Article 15 of the Illinois
11 Pension Code; and
12 (3) either (i) was a full-time employee of a
13 community college district or an association of community
14 college boards created under the Public Community College
15 Act (other than an employee whose last employer under
16 Article 15 of the Illinois Pension Code was a community
17 college district subject to Article VII of the Public
18 Community College Act) and was eligible to participate in
19 a group health benefit plan as an employee during the
20 time of employment with a community college district
21 (other than a community college district subject to
22 Article VII of the Public Community College Act) or an
23 association of community college boards, or (ii) is the
24 survivor of a person described in item (i).
25 (aa) "Community college dependent beneficiary" means a
26 person who:
27 (1) is not a "member" or "dependent" as defined in
28 this Section; and
29 (2) is a community college benefit recipient's: (A)
30 spouse, (B) dependent parent who is receiving at least
31 half of his or her support from the community college
32 benefit recipient, or (C) unmarried natural or adopted
33 child who is (i) under age 19, or (ii) enrolled as a
34 full-time student in an accredited school, financially
-25- LRB9203186EGfg
1 dependent upon the community college benefit recipient,
2 eligible to be claimed as a dependent for income tax
3 purposes and under age 23, or (iii) age 19 or over and
4 mentally or physically handicapped.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
6 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
7 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff.
8 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised
9 10-19-99.)
10 (5 ILCS 375/6.12)
11 Sec. 6.12. Payment for services. The program of health
12 benefits is subject to the provisions of Section 368a, of the
13 Illinois Insurance Code.
14 (Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00;
15 revised 6-28-00.)
16 (5 ILCS 375/6.13)
17 Sec. 6.13. 6.12. Managed Care Reform and Patient Rights
18 Act. The program of health benefits is subject to the
19 provisions of the Managed Care Reform and Patient Rights Act,
20 except the fee for service program shall only be required to
21 comply with Section 85 and the definition of "emergency
22 medical condition" in Section 10 of the Managed Care Reform
23 and Patient Rights Act.
24 (Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.)
25 (5 ILCS 375/10) (from Ch. 127, par. 530)
26 Sec. 10. Payments by State; premiums.
27 (a) The State shall pay the cost of basic
28 non-contributory group life insurance and, subject to member
29 paid contributions set by the Department or required by this
30 Section, the basic program of group health benefits on each
31 eligible member, except a member, not otherwise covered by
-26- LRB9203186EGfg
1 this Act, who has retired as a participating member under
2 Article 2 of the Illinois Pension Code but is ineligible for
3 the retirement annuity under Section 2-119 of the Illinois
4 Pension Code, and part of each eligible member's and retired
5 member's premiums for health insurance coverage for enrolled
6 dependents as provided by Section 9. The State shall pay the
7 cost of the basic program of group health benefits only after
8 benefits are reduced by the amount of benefits covered by
9 Medicare for all members and dependents who are eligible for
10 benefits under Social Security or the Railroad Retirement
11 system or who had sufficient Medicare-covered government
12 employment, except that such reduction in benefits shall
13 apply only to those members and dependents who (1) first
14 become eligible for such Medicare coverage on or after July
15 1, 1992; or (2) are Medicare-eligible members or dependents
16 of a local government unit which began participation in the
17 program on or after July 1, 1992; or (3) remain eligible for,
18 but no longer receive Medicare coverage which they had been
19 receiving on or after July 1, 1992. The Department may
20 determine the aggregate level of the State's contribution on
21 the basis of actual cost of medical services adjusted for
22 age, sex or geographic or other demographic characteristics
23 which affect the costs of such programs.
24 The cost of participation in the basic program of group
25 health benefits for the dependent or survivor of a living or
26 deceased retired employee who was formerly employed by the
27 University of Illinois in the Cooperative Extension Service
28 and would be an annuitant but for the fact that he or she was
29 made ineligible to participate in the State Universities
30 Retirement System by clause (4) of subsection (a) of Section
31 15-107 of the Illinois Pension Code shall not be greater than
32 the cost of participation that would otherwise apply to that
33 dependent or survivor if he or she were the dependent or
34 survivor of an annuitant under the State Universities
-27- LRB9203186EGfg
1 Retirement System.
2 (a-1) Beginning January 1, 1998, for each person who
3 becomes a new SERS annuitant and participates in the basic
4 program of group health benefits, the State shall contribute
5 toward the cost of the annuitant's coverage under the basic
6 program of group health benefits an amount equal to 5% of
7 that cost for each full year of creditable service upon which
8 the annuitant's retirement annuity is based, up to a maximum
9 of 100% for an annuitant with 20 or more years of creditable
10 service. The remainder of the cost of a new SERS annuitant's
11 coverage under the basic program of group health benefits
12 shall be the responsibility of the annuitant.
13 (a-2) Beginning January 1, 1998, for each person who
14 becomes a new SERS survivor and participates in the basic
15 program of group health benefits, the State shall contribute
16 toward the cost of the survivor's coverage under the basic
17 program of group health benefits an amount equal to 5% of
18 that cost for each full year of the deceased employee's or
19 deceased annuitant's creditable service in the State
20 Employees' Retirement System of Illinois on the date of
21 death, up to a maximum of 100% for a survivor of an employee
22 or annuitant with 20 or more years of creditable service.
23 The remainder of the cost of the new SERS survivor's coverage
24 under the basic program of group health benefits shall be the
25 responsibility of the survivor.
26 (a-3) Beginning January 1, 1998, for each person who
27 becomes a new SURS annuitant and participates in the basic
28 program of group health benefits, the State shall contribute
29 toward the cost of the annuitant's coverage under the basic
30 program of group health benefits an amount equal to 5% of
31 that cost for each full year of creditable service upon which
32 the annuitant's retirement annuity is based, up to a maximum
33 of 100% for an annuitant with 20 or more years of creditable
34 service. The remainder of the cost of a new SURS annuitant's
-28- LRB9203186EGfg
1 coverage under the basic program of group health benefits
2 shall be the responsibility of the annuitant.
3 (a-4) (Blank).
4 (a-5) Beginning January 1, 1998, for each person who
5 becomes a new SURS survivor and participates in the basic
6 program of group health benefits, the State shall contribute
7 toward the cost of the survivor's coverage under the basic
8 program of group health benefits an amount equal to 5% of
9 that cost for each full year of the deceased employee's or
10 deceased annuitant's creditable service in the State
11 Universities Retirement System on the date of death, up to a
12 maximum of 100% for a survivor of an employee or annuitant
13 with 20 or more years of creditable service. The remainder
14 of the cost of the new SURS survivor's coverage under the
15 basic program of group health benefits shall be the
16 responsibility of the survivor.
17 (a-6) Beginning July 1, 1998, for each person who
18 becomes a new TRS State annuitant and participates in the
19 basic program of group health benefits, the State shall
20 contribute toward the cost of the annuitant's coverage under
21 the basic program of group health benefits an amount equal to
22 5% of that cost for each full year of creditable service as a
23 teacher as defined in paragraph (2), (3), or (5) of Section
24 16-106 of the Illinois Pension Code upon which the
25 annuitant's retirement annuity is based, up to a maximum of
26 100%; except that the State contribution shall be 12.5% per
27 year (rather than 5%) for each full year of creditable
28 service as a regional superintendent or assistant regional
29 superintendent of schools. The remainder of the cost of a
30 new TRS State annuitant's coverage under the basic program of
31 group health benefits shall be the responsibility of the
32 annuitant.
33 (a-7) Beginning July 1, 1998, for each person who
34 becomes a new TRS State survivor and participates in the
-29- LRB9203186EGfg
1 basic program of group health benefits, the State shall
2 contribute toward the cost of the survivor's coverage under
3 the basic program of group health benefits an amount equal to
4 5% of that cost for each full year of the deceased employee's
5 or deceased annuitant's creditable service as a teacher as
6 defined in paragraph (2), (3), or (5) of Section 16-106 of
7 the Illinois Pension Code on the date of death, up to a
8 maximum of 100%; except that the State contribution shall be
9 12.5% per year (rather than 5%) for each full year of the
10 deceased employee's or deceased annuitant's creditable
11 service as a regional superintendent or assistant regional
12 superintendent of schools. The remainder of the cost of the
13 new TRS State survivor's coverage under the basic program of
14 group health benefits shall be the responsibility of the
15 survivor.
16 (a-8) A new SERS annuitant, new SERS survivor, new SURS
17 annuitant, new SURS survivor, new TRS State annuitant, or new
18 TRS State survivor may waive or terminate coverage in the
19 program of group health benefits. Any such annuitant or
20 survivor who has waived or terminated coverage may enroll or
21 re-enroll in the program of group health benefits only during
22 the annual benefit choice period, as determined by the
23 Director; except that in the event of termination of coverage
24 due to nonpayment of premiums, the annuitant or survivor may
25 not re-enroll in the program.
26 (a-9) No later than May 1 of each calendar year, the
27 Director of Central Management Services shall certify in
28 writing to the Executive Secretary of the State Employees'
29 Retirement System of Illinois the amounts of the Medicare
30 supplement health care premiums and the amounts of the health
31 care premiums for all other retirees who are not Medicare
32 eligible.
33 A separate calculation of the premiums based upon the
34 actual cost of each health care plan shall be so certified.
-30- LRB9203186EGfg
1 The Director of Central Management Services shall provide
2 to the Executive Secretary of the State Employees' Retirement
3 System of Illinois such information, statistics, and other
4 data as he or she may require to review the premium amounts
5 certified by the Director of Central Management Services.
6 (b) State employees who become eligible for this program
7 on or after January 1, 1980 in positions normally requiring
8 actual performance of duty not less than 1/2 of a normal work
9 period but not equal to that of a normal work period, shall
10 be given the option of participating in the available
11 program. If the employee elects coverage, the State shall
12 contribute on behalf of such employee to the cost of the
13 employee's benefit and any applicable dependent supplement,
14 that sum which bears the same percentage as that percentage
15 of time the employee regularly works when compared to normal
16 work period.
17 (c) The basic non-contributory coverage from the basic
18 program of group health benefits shall be continued for each
19 employee not in pay status or on active service by reason of
20 (1) leave of absence due to illness or injury, (2) authorized
21 educational leave of absence or sabbatical leave, or (3)
22 military leave with pay and benefits. This coverage shall
23 continue until expiration of authorized leave and return to
24 active service, but not to exceed 24 months for leaves under
25 item (1) or (2). This 24-month limitation and the requirement
26 of returning to active service shall not apply to persons
27 receiving ordinary or accidental disability benefits or
28 retirement benefits through the appropriate State retirement
29 system or benefits under the Workers' Compensation or
30 Occupational Disease Act.
31 (d) The basic group life insurance coverage shall
32 continue, with full State contribution, where such person is
33 (1) absent from active service by reason of disability
34 arising from any cause other than self-inflicted, (2) on
-31- LRB9203186EGfg
1 authorized educational leave of absence or sabbatical leave,
2 or (3) on military leave with pay and benefits.
3 (e) Where the person is in non-pay status for a period
4 in excess of 30 days or on leave of absence, other than by
5 reason of disability, educational or sabbatical leave, or
6 military leave with pay and benefits, such person may
7 continue coverage only by making personal payment equal to
8 the amount normally contributed by the State on such person's
9 behalf. Such payments and coverage may be continued: (1)
10 until such time as the person returns to a status eligible
11 for coverage at State expense, but not to exceed 24 months,
12 (2) until such person's employment or annuitant status with
13 the State is terminated, or (3) for a maximum period of 4
14 years for members on military leave with pay and benefits and
15 military leave without pay and benefits (exclusive of any
16 additional service imposed pursuant to law).
17 (f) The Department shall establish by rule the extent
18 to which other employee benefits will continue for persons in
19 non-pay status or who are not in active service.
20 (g) The State shall not pay the cost of the basic
21 non-contributory group life insurance, program of health
22 benefits and other employee benefits for members who are
23 survivors as defined by paragraphs (1) and (2) of subsection
24 (q) of Section 3 of this Act. The costs of benefits for
25 these survivors shall be paid by the survivors or by the
26 University of Illinois Cooperative Extension Service, or any
27 combination thereof. However, the State shall pay the amount
28 of the reduction in the cost of participation, if any,
29 resulting from the amendment to subsection (a) made by this
30 amendatory Act of the 91st General Assembly.
31 (h) Those persons occupying positions with any
32 department as a result of emergency appointments pursuant to
33 Section 8b.8 of the Personnel Code who are not considered
34 employees under this Act shall be given the option of
-32- LRB9203186EGfg
1 participating in the programs of group life insurance, health
2 benefits and other employee benefits. Such persons electing
3 coverage may participate only by making payment equal to the
4 amount normally contributed by the State for similarly
5 situated employees. Such amounts shall be determined by the
6 Director. Such payments and coverage may be continued until
7 such time as the person becomes an employee pursuant to this
8 Act or such person's appointment is terminated.
9 (i) Any unit of local government within the State of
10 Illinois may apply to the Director to have its employees,
11 annuitants, and their dependents provided group health
12 coverage under this Act on a non-insured basis. To
13 participate, a unit of local government must agree to enroll
14 all of its employees, who may select coverage under either
15 the State group health benefits plan or a health maintenance
16 organization that has contracted with the State to be
17 available as a health care provider for employees as defined
18 in this Act. A unit of local government must remit the
19 entire cost of providing coverage under the State group
20 health benefits plan or, for coverage under a health
21 maintenance organization, an amount determined by the
22 Director based on an analysis of the sex, age, geographic
23 location, or other relevant demographic variables for its
24 employees, except that the unit of local government shall not
25 be required to enroll those of its employees who are covered
26 spouses or dependents under this plan or another group policy
27 or plan providing health benefits as long as (1) an
28 appropriate official from the unit of local government
29 attests that each employee not enrolled is a covered spouse
30 or dependent under this plan or another group policy or plan,
31 and (2) at least 85% of the employees are enrolled and the
32 unit of local government remits the entire cost of providing
33 coverage to those employees, except that a participating
34 school district must have enrolled at least 85% of its
-33- LRB9203186EGfg
1 full-time employees who have not waived coverage under the
2 district's group health plan by participating in a component
3 of the district's cafeteria plan. A participating school
4 district is not required to enroll a full-time employee who
5 has waived coverage under the district's health plan,
6 provided that an appropriate official from the participating
7 school district attests that the full-time employee has
8 waived coverage by participating in a component of the
9 district's cafeteria plan. For the purposes of this
10 subsection, "participating school district" includes a unit
11 of local government whose primary purpose is education as
12 defined by the Department's rules.
13 Employees of a participating unit of local government who
14 are not enrolled due to coverage under another group health
15 policy or plan may enroll in the event of a qualifying change
16 in status, special enrollment, special circumstance as
17 defined by the Director, or during the annual Benefit Choice
18 Period. A participating unit of local government may also
19 elect to cover its annuitants. Dependent coverage shall be
20 offered on an optional basis, with the costs paid by the unit
21 of local government, its employees, or some combination of
22 the two as determined by the unit of local government. The
23 unit of local government shall be responsible for timely
24 collection and transmission of dependent premiums.
25 The Director shall annually determine monthly rates of
26 payment, subject to the following constraints:
27 (1) In the first year of coverage, the rates shall
28 be equal to the amount normally charged to State
29 employees for elected optional coverages or for enrolled
30 dependents coverages or other contributory coverages, or
31 contributed by the State for basic insurance coverages on
32 behalf of its employees, adjusted for differences between
33 State employees and employees of the local government in
34 age, sex, geographic location or other relevant
-34- LRB9203186EGfg
1 demographic variables, plus an amount sufficient to pay
2 for the additional administrative costs of providing
3 coverage to employees of the unit of local government and
4 their dependents.
5 (2) In subsequent years, a further adjustment shall
6 be made to reflect the actual prior years' claims
7 experience of the employees of the unit of local
8 government.
9 In the case of coverage of local government employees
10 under a health maintenance organization, the Director shall
11 annually determine for each participating unit of local
12 government the maximum monthly amount the unit may contribute
13 toward that coverage, based on an analysis of (i) the age,
14 sex, geographic location, and other relevant demographic
15 variables of the unit's employees and (ii) the cost to cover
16 those employees under the State group health benefits plan.
17 The Director may similarly determine the maximum monthly
18 amount each unit of local government may contribute toward
19 coverage of its employees' dependents under a health
20 maintenance organization.
21 Monthly payments by the unit of local government or its
22 employees for group health benefits plan or health
23 maintenance organization coverage shall be deposited in the
24 Local Government Health Insurance Reserve Fund. The Local
25 Government Health Insurance Reserve Fund shall be a
26 continuing fund not subject to fiscal year limitations. All
27 expenditures from this fund shall be used for payments for
28 health care benefits for local government and rehabilitation
29 facility employees, annuitants, and dependents, and to
30 reimburse the Department or its administrative service
31 organization for all expenses incurred in the administration
32 of benefits. No other State funds may be used for these
33 purposes.
34 A local government employer's participation or desire to
-35- LRB9203186EGfg
1 participate in a program created under this subsection shall
2 not limit that employer's duty to bargain with the
3 representative of any collective bargaining unit of its
4 employees.
5 (j) Any rehabilitation facility within the State of
6 Illinois may apply to the Director to have its employees,
7 annuitants, and their eligible dependents provided group
8 health coverage under this Act on a non-insured basis. To
9 participate, a rehabilitation facility must agree to enroll
10 all of its employees and remit the entire cost of providing
11 such coverage for its employees, except that the
12 rehabilitation facility shall not be required to enroll those
13 of its employees who are covered spouses or dependents under
14 this plan or another group policy or plan providing health
15 benefits as long as (1) an appropriate official from the
16 rehabilitation facility attests that each employee not
17 enrolled is a covered spouse or dependent under this plan or
18 another group policy or plan, and (2) at least 85% of the
19 employees are enrolled and the rehabilitation facility remits
20 the entire cost of providing coverage to those employees.
21 Employees of a participating rehabilitation facility who are
22 not enrolled due to coverage under another group health
23 policy or plan may enroll in the event of a qualifying change
24 in status, special enrollment, special circumstance as
25 defined by the Director, or during the annual Benefit Choice
26 Period. A participating rehabilitation facility may also
27 elect to cover its annuitants. Dependent coverage shall be
28 offered on an optional basis, with the costs paid by the
29 rehabilitation facility, its employees, or some combination
30 of the 2 as determined by the rehabilitation facility. The
31 rehabilitation facility shall be responsible for timely
32 collection and transmission of dependent premiums.
33 The Director shall annually determine quarterly rates of
34 payment, subject to the following constraints:
-36- LRB9203186EGfg
1 (1) In the first year of coverage, the rates shall
2 be equal to the amount normally charged to State
3 employees for elected optional coverages or for enrolled
4 dependents coverages or other contributory coverages on
5 behalf of its employees, adjusted for differences between
6 State employees and employees of the rehabilitation
7 facility in age, sex, geographic location or other
8 relevant demographic variables, plus an amount sufficient
9 to pay for the additional administrative costs of
10 providing coverage to employees of the rehabilitation
11 facility and their dependents.
12 (2) In subsequent years, a further adjustment shall
13 be made to reflect the actual prior years' claims
14 experience of the employees of the rehabilitation
15 facility.
16 Monthly payments by the rehabilitation facility or its
17 employees for group health benefits shall be deposited in the
18 Local Government Health Insurance Reserve Fund.
19 (k) Any domestic violence shelter or service within the
20 State of Illinois may apply to the Director to have its
21 employees, annuitants, and their dependents provided group
22 health coverage under this Act on a non-insured basis. To
23 participate, a domestic violence shelter or service must
24 agree to enroll all of its employees and pay the entire cost
25 of providing such coverage for its employees. A
26 participating domestic violence shelter may also elect to
27 cover its annuitants. Dependent coverage shall be offered on
28 an optional basis, with employees, or some combination of the
29 2 as determined by the domestic violence shelter or service.
30 The domestic violence shelter or service shall be responsible
31 for timely collection and transmission of dependent premiums.
32 The Director shall annually determine rates of payment,
33 subject to the following constraints:
34 (1) In the first year of coverage, the rates shall
-37- LRB9203186EGfg
1 be equal to the amount normally charged to State
2 employees for elected optional coverages or for enrolled
3 dependents coverages or other contributory coverages on
4 behalf of its employees, adjusted for differences between
5 State employees and employees of the domestic violence
6 shelter or service in age, sex, geographic location or
7 other relevant demographic variables, plus an amount
8 sufficient to pay for the additional administrative costs
9 of providing coverage to employees of the domestic
10 violence shelter or service and their dependents.
11 (2) In subsequent years, a further adjustment shall
12 be made to reflect the actual prior years' claims
13 experience of the employees of the domestic violence
14 shelter or service.
15 Monthly payments by the domestic violence shelter or
16 service or its employees for group health insurance shall be
17 deposited in the Local Government Health Insurance Reserve
18 Fund.
19 (l) A public community college or entity organized
20 pursuant to the Public Community College Act may apply to the
21 Director initially to have only annuitants not covered prior
22 to July 1, 1992 by the district's health plan provided health
23 coverage under this Act on a non-insured basis. The
24 community college must execute a 2-year contract to
25 participate in the Local Government Health Plan. Any
26 annuitant may enroll in the event of a qualifying change in
27 status, special enrollment, special circumstance as defined
28 by the Director, or during the annual Benefit Choice Period.
29 The Director shall annually determine monthly rates of
30 payment subject to the following constraints: for those
31 community colleges with annuitants only enrolled, first year
32 rates shall be equal to the average cost to cover claims for
33 a State member adjusted for demographics, Medicare
34 participation, and other factors; and in the second year, a
-38- LRB9203186EGfg
1 further adjustment of rates shall be made to reflect the
2 actual first year's claims experience of the covered
3 annuitants.
4 (l-5) The provisions of subsection (l) become
5 inoperative on July 1, 1999.
6 (m) The Director shall adopt any rules deemed necessary
7 for implementation of this amendatory Act of 1989 (Public Act
8 86-978).
9 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98;
10 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff.
11 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395,
12 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.)
13 Section 10. The Election Code is amended by changing
14 Sections 7-10 and 7-30 as follows:
15 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
16 Sec. 7-10. Form of petition for nomination. The name of
17 no candidate for nomination, or State central committeeman,
18 or township committeeman, or precinct committeeman, or ward
19 committeeman or candidate for delegate or alternate delegate
20 to national nominating conventions, shall be printed upon the
21 primary ballot unless a petition for nomination has been
22 filed in his behalf as provided in this Article in
23 substantially the following form:
24 We, the undersigned, members of and affiliated with the
25 .... party and qualified primary electors of the .... party,
26 in the .... of ...., in the county of .... and State of
27 Illinois, do hereby petition that the following named person
28 or persons shall be a candidate or candidates of the ....
29 party for the nomination for (or in case of committeemen for
30 election to) the office or offices hereinafter specified, to
31 be voted for at the primary election to be held on (insert
32 date).
-39- LRB9203186EGfg
1 Name Office Address
2 John Jones Governor Belvidere, Ill.
3 Thomas Smith Attorney General Oakland, Ill.
4 Name.................. Address.......................
5 State of Illinois)
6 ) ss.
7 County of........)
8 I, ...., do hereby certify that I am a registered voter
9 and have been a registered voter at all times I have
10 circulated this petition, that I reside at No. .... street,
11 in the .... of ...., county of ...., and State of Illinois,
12 and that the signatures on this sheet were signed in my
13 presence, and are genuine, and that to the best of my
14 knowledge and belief the persons so signing were at the time
15 of signing the petitions qualified voters of the .... party,
16 and that their respective residences are correctly stated, as
17 above set forth.
18 .........................
19 Subscribed and sworn to before me on (insert date).
20 .........................
21 Each sheet of the petition other than the statement of
22 candidacy and candidate's statement shall be of uniform size
23 and shall contain above the space for signatures an
24 appropriate heading giving the information as to name of
25 candidate or candidates, in whose behalf such petition is
26 signed; the office, the political party represented and place
27 of residence; and the heading of each sheet shall be the
28 same.
29 Such petition shall be signed by qualified primary
30 electors residing in the political division for which the
31 nomination is sought in their own proper persons only and
32 opposite the signature of each signer, his residence address
33 shall be written or printed. The residence address required
34 to be written or printed opposite each qualified primary
-40- LRB9203186EGfg
1 elector's name shall include the street address or rural
2 route number of the signer, as the case may be, as well as
3 the signer's county, and city, village or town, and state.
4 However the county or city, village or town, and state of
5 residence of the electors may be printed on the petition
6 forms where all of the electors signing the petition reside
7 in the same county or city, village or town, and state.
8 Standard abbreviations may be used in writing the residence
9 address, including street number, if any. At the bottom of
10 each sheet of such petition shall be added a statement signed
11 by a registered voter of the political division, who has been
12 a registered voter at all times he or she circulated the
13 petition, for which the candidate is seeking a nomination,
14 stating the street address or rural route number of the
15 voter, as the case may be, as well as the voter's county, and
16 city, village or town, and state; and certifying that the
17 signatures on that sheet of the petition were signed in his
18 presence; and either (1) indicating the dates on which that
19 sheet was circulated, or (2) indicating the first and last
20 dates on which the sheet was circulated, or (3) certifying
21 that none of the signatures on the sheet were signed more
22 than 90 days preceding the last day for the filing of the
23 petition, or more than 45 days preceding the last day for
24 filing of the petition in the case of political party and
25 independent candidates for single or multi-county regional
26 superintendents of schools in the 1994 general primary
27 election; and certifying that the signatures on the sheet are
28 genuine, and certifying that to the best of his knowledge
29 and belief the persons so signing were at the time of signing
30 the petitions qualified voters of the political party for
31 which a nomination is sought. Such statement shall be sworn
32 to before some officer authorized to administer oaths in this
33 State.
34 No petition sheet shall be circulated more than 90 days
-41- LRB9203186EGfg
1 preceding the last day provided in Section 7-12 for the
2 filing of such petition, or more than 45 days preceding the
3 last day for filing of the petition in the case of political
4 party and independent candidates for single or multi-county
5 regional superintendents of schools in the 1994 general
6 primary election.
7 The person circulating the petition, or the candidate on
8 whose behalf the petition is circulated, may strike any
9 signature from the petition, provided that:;
10 (1) the person striking the signature shall initial
11 the petition at the place where the signature is struck;
12 and
13 (2) the person striking the signature shall sign a
14 certification listing the page number and line number of
15 each signature struck from the petition. Such
16 certification shall be filed as a part of the petition.
17 Such sheets before being filed shall be neatly fastened
18 together in book form, by placing the sheets in a pile and
19 fastening them together at one edge in a secure and suitable
20 manner, and the sheets shall then be numbered consecutively.
21 The sheets shall not be fastened by pasting them together end
22 to end, so as to form a continuous strip or roll. All
23 petition sheets which are filed with the proper local
24 election officials, election authorities or the State Board
25 of Elections shall be the original sheets which have been
26 signed by the voters and by the circulator thereof, and not
27 photocopies or duplicates of such sheets. Each petition must
28 include as a part thereof, a statement of candidacy for each
29 of the candidates filing, or in whose behalf the petition is
30 filed. This statement shall set out the address of such
31 candidate, the office for which he is a candidate, shall
32 state that the candidate is a qualified primary voter of the
33 party to which the petition relates and is qualified for the
34 office specified (in the case of a candidate for State's
-42- LRB9203186EGfg
1 Attorney it shall state that the candidate is at the time of
2 filing such statement a licensed attorney-at-law of this
3 State), shall state that he has filed (or will file before
4 the close of the petition filing period) a statement of
5 economic interests as required by the Illinois Governmental
6 Ethics Act, shall request that the candidate's name be placed
7 upon the official ballot, and shall be subscribed and sworn
8 to by such candidate before some officer authorized to take
9 acknowledgment of deeds in the State and shall be in
10 substantially the following form:
11 Statement of Candidacy
12 Name Address Office District Party
13 John Jones 102 Main St. Governor Statewide Republican
14 Belvidere,
15 Illinois
16 State of Illinois)
17 ) ss.
18 County of .......)
19 I, ...., being first duly sworn, say that I reside at
20 .... Street in the city (or village) of ...., in the county
21 of ...., State of Illinois; that I am a qualified voter
22 therein and am a qualified primary voter of the .... party;
23 that I am a candidate for nomination (for election in the
24 case of committeeman and delegates and alternate delegates)
25 to the office of .... to be voted upon at the primary
26 election to be held on (insert date); that I am legally
27 qualified (including being the holder of any license that may
28 be an eligibility requirement for the office I seek the
29 nomination for) to hold such office and that I have filed (or
30 I will file before the close of the petition filing period) a
31 statement of economic interests as required by the Illinois
32 Governmental Ethics Act and I hereby request that my name be
33 printed upon the official primary ballot for nomination for
34 (or election to in the case of committeemen and delegates and
-43- LRB9203186EGfg
1 alternate delegates) such office.
2 Signed ......................
3 Subscribed and sworn to (or affirmed) before me by ....,
4 who is to me personally known, on (insert date).
5 Signed ....................
6 (Official Character)
7 (Seal, if officer has one.)
8 The petitions, when filed, shall not be withdrawn or
9 added to, and no signatures shall be revoked except by
10 revocation filed in writing with the State Board of
11 Elections, election authority or local election official with
12 whom the petition is required to be filed, and before the
13 filing of such petition. Whoever forges the name of a signer
14 upon any petition required by this Article is deemed guilty
15 of a forgery and on conviction thereof shall be punished
16 accordingly.
17 Petitions of candidates for nomination for offices herein
18 specified, to be filed with the same officer, may contain the
19 names of 2 or more candidates of the same political party for
20 the same or different offices.
21 Such petitions for nominations shall be signed:
22 (a) If for a State office, or for delegate or
23 alternate delegate to be elected from the State at large
24 to a National nominating convention by not less than
25 5,000 nor more than 10,000 primary electors of his party.
26 (b) If for a congressional officer or for delegate
27 or alternate delegate to be elected from a congressional
28 district to a national nominating convention by at least
29 .5% of the qualified primary electors of his party in his
30 congressional district, except that for the first primary
31 following a redistricting of congressional districts such
32 petitions shall be signed by at least 600 qualified
33 primary electors of the candidate's party in his
34 congressional district.
-44- LRB9203186EGfg
1 (c) If for a county office (including county board
2 member and chairman of the county board where elected
3 from the county at large), by at least .5% of the
4 qualified electors of his party cast at the last
5 preceding general election in his county. However, if
6 for the nomination for county commissioner of Cook
7 County, then by at least .5% of the qualified primary
8 electors of his or her party in his or her county in the
9 district or division in which such person is a candidate
10 for nomination; and if for county board member from a
11 county board district, then by at least .5% of the
12 qualified primary electors of his party in the county
13 board district. In the case of an election for county
14 board member to be elected from a district, for the first
15 primary following a redistricting of county board
16 districts or the initial establishment of county board
17 districts, then by at least .5% of the qualified electors
18 of his party in the entire county at the last preceding
19 general election, divided by the number of county board
20 districts, but in any event not less than 25 qualified
21 primary electors of his party in the district.
22 (d) If for a municipal or township office by at
23 least .5% of the qualified primary electors of his party
24 in the municipality or township; if for alderman, by at
25 least .5% of the voters of his party of his ward. In the
26 case of an election for alderman or trustee of a
27 municipality to be elected from a ward or district, for
28 the first primary following a redistricting or the
29 initial establishment of wards or districts, then by .5%
30 of the total number of votes cast for the candidate of
31 such political party who received the highest number of
32 votes in the entire municipality at the last regular
33 election at which an officer was regularly scheduled to
34 be elected from the entire municipality, divided by the
-45- LRB9203186EGfg
1 number of wards or districts, but in any event not less
2 than 25 qualified primary electors of his party in the
3 ward or district.
4 (e) If for State central committeeman, by at least
5 100 of the primary electors of his or her party of his or
6 her congressional district.
7 (f) If for a candidate for trustee of a sanitary
8 district in which trustees are not elected from wards, by
9 at least .5% of the primary electors of his party, from
10 such sanitary district.
11 (g) If for a candidate for trustee of a sanitary
12 district in which the trustees are elected from wards, by
13 at least .5% of the primary electors of his party in his
14 ward of such sanitary district, except that for the first
15 primary following a reapportionment of the district such
16 petitions shall be signed by at least 150 qualified
17 primary electors of the candidate's ward of such sanitary
18 district.
19 (h) If The number of signatures required for a
20 candidate for judicial office in a district, circuit, or
21 subcircuit, by a number of primary electors at least
22 equal to shall be 0.25% of the number of votes cast for
23 the judicial candidate of his or her political party who
24 received the highest number of votes at the last regular
25 general election at which a judicial officer from the
26 same district, circuit, or subcircuit was regularly
27 scheduled to be elected, but in no event fewer shall be
28 less than 500 signatures.
29 (i) If for a candidate for precinct committeeman,
30 by at least 10 primary electors of his or her party of
31 his or her precinct; if for a candidate for ward
32 committeeman, by not less than 10% nor more than 16% (or
33 50 more than the minimum, whichever is greater) of the
34 primary electors of his party of his ward; if for a
-46- LRB9203186EGfg
1 candidate for township committeeman, by not less than 5%
2 nor more than 8% (or 50 more than the minimum, whichever
3 is greater) of the primary electors of his party in his
4 township or part of a township as the case may be.
5 (j) If for a candidate for State's Attorney or
6 Regional Superintendent of Schools to serve 2 or more
7 counties, by at least .5% of the primary electors of his
8 party in the territory comprising such counties.
9 (k) If for any other office by at least .5% of the
10 total number of registered voters of the political
11 subdivision, district or division for which the
12 nomination is made or a minimum of 25, whichever is
13 greater.
14 For the purposes of this Section the number of primary
15 electors shall be determined by taking the total vote cast,
16 in the applicable district, for the candidate for such
17 political party who received the highest number of votes,
18 state-wide, at the last general election in the State at
19 which electors for President of the United States were
20 elected. For political subdivisions, the number of primary
21 electors shall be determined by taking the total vote cast
22 for the candidate for such political party who received the
23 highest number of votes in such political subdivision at the
24 last regular election at which an officer was regularly
25 scheduled to be elected from that subdivision. For wards or
26 districts of political subdivisions, the number of primary
27 electors shall be determined by taking the total vote cast
28 for the candidate for such political party who received the
29 highest number of votes in such ward or district at the last
30 regular election at which an officer was regularly scheduled
31 to be elected from that ward or district.
32 A "qualified primary elector" of a party may not sign
33 petitions for or be a candidate in the primary of more than
34 one party.
-47- LRB9203186EGfg
1 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
2 91-358, eff. 7-29-99; revised 8-17-99.)
3 (10 ILCS 5/7-30) (from Ch. 46, par. 7-30)
4 Sec. 7-30. Previous to any vote being taken, the primary
5 judges shall severally subscribe and take an oath or
6 affirmation in the following form, to-wit:
7 "I do solemnly swear (or affirm, as the case may be),
8 that I will support the Constitution of the United States and
9 the Constitution of the State of Illinois, and will
10 faithfully and honestly discharge the duties of primary
11 judge, according to the best of my ability, and that I have
12 resided in this State for 30 days, (and only in the case of a
13 primary judge in counties of less than 500,000 inhabitants,
14 have resided the following: in this precinct for the 30 days
15 next preceding this primary), (and in the case of a
16 registered voter, am entitled to vote at this primary)."
17 All persons subscribing the oath as aforesaid, and all
18 persons actually serving as primary judges, whether sworn or
19 not, shall be deemed to be and are hereby declared to be
20 officers of the circuit court of their respective counties.
21 (Source: P.A. 91-352, eff. 1-1-00; revised 2-23-00.)
22 Section 10.2. The State Library Act is amended by
23 changing Section 7 as follows:
24 (15 ILCS 320/7) (from Ch. 128, par. 107)
25 Sec. 7. Purposes of the State Library. The Illinois
26 State Library shall:
27 (a) Maintain a library for officials and employees of
28 the State, consisting of informational material and resources
29 pertaining to the phases of their work, and serve as the
30 State's library by extending its resources to citizens of
31 Illinois.
-48- LRB9203186EGfg
1 (b) Maintain and provide research library services for
2 all State agencies.
3 (c) Administer the Illinois Library System Act.
4 (d) Promote and administer the law relating to
5 Interstate Library Compacts.
6 (e) Enter into interagency agreements, pursuant to the
7 Intergovernmental Cooperation Act, including agreements to
8 promote access to information by Illinois students and the
9 general public.
10 (f) Promote and develop a cooperative library network
11 operating regionally or statewide for providing effective
12 coordination of the library resources of public, academic,
13 school, and special libraries.
14 (g) Administer grants of federal library funds pursuant
15 to federal law and requirements.
16 (h) Assist libraries in their plans for library
17 services, including funding the State-funded library systems
18 for the purpose of local library development and networking.
19 (i) Assist local library groups in developing programs
20 by which library services can be established and enhanced in
21 areas without those services.
22 (j) Be a clearing house, in an advisory capacity, for
23 questions and problems pertaining to the administration and
24 functioning of libraries in Illinois and to publish booklets
25 and pamphlets to implement this service.
26 (k) To Seek the opinion of the Attorney General for
27 legal questions pertaining to public libraries and their
28 function as governmental agencies.
29 (l) Contract with any other library or library agency to
30 carry out the purposes of the State Library. If any such
31 contract requires payments by user libraries for goods and
32 services, the State Library may distribute billings from
33 contractors to applicable user libraries and may receive and
34 distribute payments from user libraries to contractors.
-49- LRB9203186EGfg
1 There is hereby created in the State Treasury the Library
2 Trust Fund, into which all moneys payable to contractors
3 which are received from user libraries under this paragraph
4 (l) shall be paid. The Treasurer shall pay such funds to
5 contractors at the direction of the State Librarian.
6 (m) Compile, preserve and publish public library
7 statistical information.
8 (n) Compile the annual report of local public libraries
9 and library systems submitted to the State Librarian pursuant
10 to law.
11 (o) Conduct and arrange for library training programs
12 for library personnel, library directors and others involved
13 in library services.
14 (p) Prepare an annual report for each fiscal year.
15 (q) Make available to the public, by means of access by
16 way of the largest nonproprietary nonprofit cooperative
17 public computer network, certain records of State agencies.
18 As used in this subdivision (q), "State agencies" means
19 all officers, boards, commissions and agencies created by the
20 Constitution; all officers, departments, boards, commissions,
21 agencies, institutions, authorities, universities, and bodies
22 politic and corporate of the State; administrative units or
23 corporate outgrowths of the State government which are
24 created by or pursuant to statute, other than units of local
25 government and their officers, school districts and boards of
26 election commissioners; and all administrative units and
27 corporate outgrowths of the above and as may be created by
28 executive order of the Governor; however, "State agencies"
29 does not include any agency, officer, or other entity of the
30 judicial or legislative branch.
31 As used in this subdivision (q), "records" means public
32 records, as defined in the Freedom of Information Act, that
33 are not exempt from inspection and copying under that Act.
34 The State Librarian and each appropriate State agency
-50- LRB9203186EGfg
1 shall specify the types and categories of records that shall
2 be accessible through the public computer network and the
3 types and categories of records that shall be inaccessible.
4 Records currently held by a State agency and documents that
5 are required to be provided to the Illinois State Library in
6 accordance with Section 21 shall be provided to the Illinois
7 State Library in an appropriate electronic format when
8 feasible. The cost to each State agency of making records
9 accessible through the public computer network or of
10 providing records in an appropriate electronic format shall
11 be considered in making determinations regarding
12 accessibility.
13 As soon as possible and no later than 18 months after the
14 effective date of this amendatory Act of 1995, the types and
15 categories of information, specified by the State Librarian
16 and each appropriate State agency, shall be made available to
17 the public by means of access by way of the largest
18 nonproprietary, nonprofit cooperative public computer
19 network. The information shall be made available in one or
20 more formats and by one or more means in order to provide the
21 greatest feasible access to the general public in this State.
22 Any person who accesses the information may access all or any
23 part of the information. The information may also be made
24 available by any other means of access that would facilitate
25 public access to the information. The information shall be
26 made available in the shortest feasible time after it is
27 publicly available.
28 Any documentation that describes the electronic digital
29 formats of the information shall be made available by means
30 of access by way of the same public computer network.
31 Personal information concerning a person who accesses the
32 information may be maintained only for the purpose of
33 providing service to the person.
34 The electronic public access provided by way of the
-51- LRB9203186EGfg
1 public computer network shall be in addition to other
2 electronic or print distribution of the information.
3 No action taken under this subdivision (q) shall be
4 deemed to alter or relinquish any copyright or other
5 proprietary interest or entitlement of the State of Illinois
6 relating to any of the information made available under this
7 subdivision (q).
8 (r) Coordinate literacy programs for the Secretary of
9 State.
10 (s) Provide coordination of statewide preservation
11 planning, act as a focal point for preservation advocacy,
12 assess statewide needs and establish specific programs to
13 meet those needs, and manage state funds appropriated for
14 preservation work relating to the preservation of the library
15 and archival resources of Illinois.
16 (t) Create and maintain a State Government Report
17 Distribution Center for the General Assembly. The Center
18 shall receive all reports in all formats available required
19 by law or resolution to be filed with the General Assembly
20 and shall furnish copies of such reports on the same day on
21 which the report is filed with the Clerk of the House of
22 Representatives and the Secretary of the Senate, as required
23 by the General Assembly Organization Act, without charge to
24 members of the General Assembly upon request. This paragraph
25 does not affect the requirements of Section 21 of this Act
26 relating to the deposit of State publications with the State
27 library.
28 (Source: P.A. 91-507, eff. 8-13-99; revised 2-25-00.)
29 Section 10.4. The State Treasurer Act is amended by
30 changing Section 16.5 as follows:
31 (15 ILCS 505/16.5)
32 Sec. 16.5. College Savings Pool. The State Treasurer
-52- LRB9203186EGfg
1 may establish and administer a College Savings Pool to
2 supplement and enhance the investment opportunities otherwise
3 available to persons seeking to finance the costs of higher
4 education. The State Treasurer, in administering the College
5 Savings Pool, may receive moneys paid into the pool by a
6 participant and may serve as the fiscal agent of that
7 participant for the purpose of holding and investing those
8 moneys.
9 "Participant", as used in this Section, means any person
10 that makes investments in the pool. "Designated
11 beneficiary", as used in this Section, means any person on
12 whose behalf an account is established in the College Savings
13 Pool by a participant. Both in-state and out-of-state persons
14 may be participants and designated beneficiaries in the
15 College Savings Pool.
16 New accounts in the College Savings Pool shall be
17 processed through participating financial institutions.
18 "Participating financial institution", as used in this
19 Section, means any financial institution insured by the
20 Federal Deposit Insurance Corporation and lawfully doing
21 business in the State of Illinois and any credit union
22 approved by the State Treasurer and lawfully doing business
23 in the State of Illinois that agrees to process new accounts
24 in the College Savings Pool. Participating financial
25 institutions may charge a processing fee to participants to
26 open an account in the pool that shall not exceed $30 until
27 the year 2001. Beginning in 2001 and every year thereafter,
28 the maximum fee limit shall be adjusted by the Treasurer
29 based on the Consumer Price Index for the North Central
30 Region as published by the United States Department of Labor,
31 Bureau of Labor Statistics for the immediately preceding
32 calendar year. Every contribution received by a financial
33 institution for investment in the College Savings Pool shall
34 be transferred from the financial institution to a location
-53- LRB9203186EGfg
1 selected by the State Treasurer within one business day
2 following the day that the funds must be made available in
3 accordance with federal law. All communications from the
4 State Treasurer to participants shall reference the
5 participating financial institution at which the account was
6 processed.
7 The Treasurer may invest the moneys in the College
8 Savings Pool in the same manner, in the same types of
9 investments, and subject to the same limitations provided for
10 the investment of moneys by the Illinois State Board of
11 Investment. To enhance the safety and liquidity of the
12 College Savings Pool, to ensure the diversification of the
13 investment portfolio of the pool, and in an effort to keep
14 investment dollars in the State of Illinois, the State
15 Treasurer shall make a percentage of each account available
16 for investment in participating financial institutions doing
17 business in the State. The State Treasurer shall deposit
18 with the participating financial institution at which the
19 account was processed the following percentage of each
20 account at a prevailing rate offered by the institution,
21 provided that the deposit is federally insured or fully
22 collateralized and the institution accepts the deposit: 10%
23 of the total amount of each account for which the current age
24 of the beneficiary is less than 7 years of age, 20% of the
25 total amount of each account for which the beneficiary is at
26 least 7 years of age and less than 12 years of age, and 50%
27 of the total amount of each account for which the current age
28 of the beneficiary is at least 12 years of age. The State
29 Treasurer shall adjust each account at least annually to
30 ensure compliance with this Section. The Treasurer shall
31 develop, publish, and implement an investment policy covering
32 the investment of the moneys in the College Savings Pool. The
33 policy shall be published (i) at least once each year in at
34 least one newspaper of general circulation in both
-54- LRB9203186EGfg
1 Springfield and Chicago and (ii) each year as part of the
2 audit of the College Savings Pool by the Auditor General,
3 which shall be distributed to all participants. The Treasurer
4 shall notify all participants in writing, and the Treasurer
5 shall publish in a newspaper of general circulation in both
6 Chicago and Springfield, any changes to the previously
7 published investment policy at least 30 calendar days before
8 implementing the policy. Any investment policy adopted by the
9 Treasurer shall be reviewed and updated if necessary within
10 90 days following the date that the State Treasurer takes
11 office.
12 Participants shall be required to use moneys distributed
13 from the College Savings Pool for qualified expenses at
14 eligible educational institutions. "Qualified expenses", as
15 used in this Section, means the following: (i) tuition, fees,
16 and the costs of books, supplies, and equipment required for
17 enrollment or attendance at an eligible educational
18 institution and (ii) certain room and board expenses incurred
19 while attending an eligible educational institution at least
20 half-time. "Eligible educational institutions", as used in
21 this Section, means public and private colleges, junior
22 colleges, graduate schools, and certain vocational
23 institutions that are described in Section 481 of the Higher
24 Education Act of 1965 (20 U.S.C. 1088) and that are eligible
25 to participate in Department of Education student aid
26 programs. A student shall be considered to be enrolled at
27 least half-time if the student is enrolled for at least half
28 the full-time academic work load for the course of study the
29 student is pursuing as determined under the standards of the
30 institution at which the student is enrolled. Distributions
31 made from the pool for qualified expenses shall be made
32 directly to the eligible educational institution, directly to
33 a vendor, or in the form of a check payable to both the
34 beneficiary and the institution or vendor. Any moneys that
-55- LRB9203186EGfg
1 are distributed in any other manner or that are used for
2 expenses other than qualified expenses at an eligible
3 educational institution shall be subject to a penalty of 10%
4 of the earnings unless the beneficiary dies, becomes
5 disabled, or receives a scholarship that equals or exceeds
6 the distribution. Penalties shall be withheld at the time the
7 distribution is made.
8 The Treasurer shall limit the contributions that may be
9 made on behalf of a designated beneficiary based on an
10 actuarial estimate of what is required to pay tuition, fees,
11 and room and board for 5 undergraduate years at the highest
12 cost eligible educational institution. The contributions made
13 on behalf of a beneficiary who is also a beneficiary under
14 the Illinois Prepaid Tuition Program shall be further
15 restricted to ensure that the contributions in both programs
16 combined do not exceed the limit established for the College
17 Savings Pool. The Treasurer shall provide the Illinois
18 Student Assistance Commission each year at a time designated
19 by the Commission, an electronic report of all participant
20 accounts in the Treasurer's College Savings Pool, listing
21 total contributions and disbursements from each individual
22 account during the previous calendar year. As soon
23 thereafter as is possible following receipt of the
24 Treasurer's report, the Illinois Student Assistance
25 Commission shall, in turn, provide the Treasurer with an
26 electronic report listing those College Savings Pool
27 participants who also participate in the State's prepaid
28 tuition program, administered by the Commission. The
29 Commission shall be responsible for filing any combined tax
30 reports regarding State qualified savings programs required
31 by the United States Internal Revenue Service. The Treasurer
32 shall work with the Illinois Student Assistance Commission to
33 coordinate the marketing of the College Savings Pool and the
34 Illinois Prepaid Tuition Program when considered beneficial
-56- LRB9203186EGfg
1 by the Treasurer and the Director of the Illinois Student
2 Assistance Commission. The Treasurer's office shall not
3 publicize or otherwise market the College Savings Pool or
4 accept any moneys into the College Savings Pool prior to
5 March 1, 2000. The Treasurer shall provide a separate
6 accounting for each designated beneficiary to each
7 participant, the Illinois Student Assistance Commission, and
8 the participating financial institution at which the account
9 was processed. No interest in the program may be pledged as
10 security for a loan.
11 The assets of the College Savings Pool and its income and
12 operation shall be exempt from all taxation by the State of
13 Illinois and any of its subdivisions. The accrued earnings
14 on investments in the Pool once disbursed on behalf of a
15 designated beneficiary shall be similarly exempt from all
16 taxation by the State of Illinois and its subdivisions, so
17 long as they are used for qualified expenses. The provisions
18 of this paragraph are exempt from Section 250 of the Illinois
19 Income Tax Act.
20 The Treasurer shall adopt rules he or she considers
21 necessary for the efficient administration of the College
22 Savings Pool. The rules shall provide whatever additional
23 parameters and restrictions are necessary to ensure that the
24 College Savings Pool meets all of the requirements for a
25 qualified state tuition program under Section 529 of the
26 Internal Revenue Code (26 U.S.C. 529 52). The rules shall
27 provide for the administration expenses of the pool to be
28 paid from its earnings and for the investment earnings in
29 excess of the expenses and all moneys collected as penalties
30 to be credited or paid monthly to the several participants in
31 the pool in a manner which equitably reflects the differing
32 amounts of their respective investments in the pool and the
33 differing periods of time for which those amounts were in the
34 custody of the pool. Also, the rules shall require the
-57- LRB9203186EGfg
1 maintenance of records that enable the Treasurer's office to
2 produce a report for each account in the pool at least
3 annually that documents the account balance and investment
4 earnings. Notice of any proposed amendments to the rules and
5 regulations shall be provided to all participants prior to
6 adoption. Amendments to rules and regulations shall apply
7 only to contributions made after the adoption of the
8 amendment.
9 Upon creating the College Savings Pool, the State
10 Treasurer shall give bond with 2 or more sufficient sureties,
11 payable to and for the benefit of the participants in the
12 College Savings Pool, in the penal sum of $1,000,000,
13 conditioned upon the faithful discharge of his or her duties
14 in relation to the College Savings Pool.
15 (Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01;
16 revised 7-3-00.)
17 Section 11. The Civil Administrative Code of Illinois is
18 amended by changing the heading to Article 1, adding Section
19 1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320,
20 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
21 5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-410,
22 5-415, 5-420, and 5-550 as follows:
23 (20 ILCS 5/Art. 1 heading)
24 ARTICLE 1. SHORT TITLE AND GENERAL PROVISIONS
25 (20 ILCS 5/1-2 new)
26 Sec. 1-2. Article short title. This Article may be cited
27 as the General Provisions Article of the Civil Administrative
28 Code of Illinois.
29 (20 ILCS 5/1-5)
30 Sec. 1-5. Articles. The Civil Administrative Code of
-58- LRB9203186EGfg
1 Illinois consists of the following Articles:
2 Article 1. Short title and General Provisions (20 ILCS
3 5/1-1 and following).
4 Article 5. Departments of State Government Law (20 ILCS
5 5/5-1 and following).
6 Article 50. State Budget Law (15 ILCS 20/ 50/).
7 Article 110. Department on Aging Law (20 ILCS 110/).
8 Article 205. Department of Agriculture Law (20 ILCS
9 205/).
10 Article 250. State Fair Grounds Title Law (5 ILCS 620/
11 250/).
12 Article 310. Department of Human Services (Alcoholism and
13 Substance Abuse) Law (20 ILCS 310/).
14 Article 405. Department of Central Management Services
15 Law (20 ILCS 405/).
16 Article 510. Department of Children and Family Services
17 Powers Law (20 ILCS 510/).
18 Article 605. Department of Commerce and Community Affairs
19 Law (20 ILCS 605/).
20 Article 805. Department of Natural Resources
21 (Conservation) Law (20 ILCS 805/).
22 Article 1005. Department of Employment Security Law (20
23 ILCS 1005/).
24 Article 1405. Department of Insurance Law (20 ILCS
25 1405/).
26 Article 1505. Department of Labor Law (20 ILCS 1505/).
27 Article 1710. Department of Human Services (Mental Health
28 and Developmental Disabilities) Law (20 ILCS 1710/).
29 Article 1905. Department of Natural Resources (Mines and
30 Minerals) Law (20 ILCS 1905/).
31 Article 2005. Department of Nuclear Safety Law (20 ILCS
32 2005/).
33 Article 2105. Department of Professional Regulation Law
34 (20 ILCS 2105/).
-59- LRB9203186EGfg
1 Article 2205. Department of Public Aid Law (20 ILCS
2 2205/).
3 Article 2310. Department of Public Health Powers and
4 Duties Law (20 ILCS 2310/).
5 Article 2505. Department of Revenue Law (20 ILCS 2505/).
6 Article 2605. Department of State Police Law (20 ILCS
7 2605/).
8 Article 2705. Department of Transportation Law (20 ILCS
9 2705/).
10 Article 3000. University of Illinois Exercise of
11 Functions and Duties Law (110 ILCS 355/).
12 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.)
13 (20 ILCS 5/5-300) (was 20 ILCS 5/9)
14 Sec. 5-300. Officers' qualifications and salaries. The
15 executive and administrative officers, whose offices are
16 created by this Act, must have the qualifications prescribed
17 by law and shall receive annual salaries, payable in equal
18 monthly installments, as designated in the Sections following
19 this Section and preceding Section 5-500 9.31. If set by the
20 Governor, those annual salaries may not exceed 85% of the
21 Governor's annual salary.
22 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
23 revised 8-2-99.)
24 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
25 Sec. 5-310. In the Department on Aging. The Director of
26 Aging shall receive an annual salary as set by the Governor
27 from time to time or as set by the Compensation Review Board,
28 whichever is greater.
29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
30 revised 8-1-99.)
31 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
-60- LRB9203186EGfg
1 Sec. 5-315. In the Department of Agriculture. The
2 Director of Agriculture shall receive an annual salary as set
3 by the Governor from time to time or as set by the
4 Compensation Review Board, whichever is greater.
5 The Assistant Director of Agriculture shall receive an
6 annual salary as set by the Governor from time to time or as
7 set by the Compensation Review Board, whichever is greater.
8 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
9 revised 8-1-99.)
10 (20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
11 Sec. 5-320. In the Department of Central Management
12 Services. The Director of Central Management Services shall
13 receive an annual salary as set by the Governor from time to
14 time or an amount set by the Compensation Review Board,
15 whichever is greater.
16 Each Assistant Director of Central Management Services
17 shall receive an annual salary as set by the Governor from
18 time to time or an amount set by the Compensation Review
19 Board, whichever is greater.
20 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
21 revised 8-1-99.)
22 (20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
23 Sec. 5-325. In the Department of Children and Family
24 Services. The Director of Children and Family Services shall
25 receive an annual salary as set by the Governor from time to
26 time or as set by the Compensation Review Board, whichever is
27 greater.
28 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
29 revised 8-1-99.)
30 (20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
31 Sec. 5-330. In the Department of Commerce and Community
-61- LRB9203186EGfg
1 Affairs. The Director of Commerce and Community Affairs
2 shall receive an annual salary as set by the Governor from
3 time to time or as set by the Compensation Review Board,
4 whichever is greater.
5 The Assistant Director of Commerce and Community Affairs
6 shall receive an annual salary as set by the Governor from
7 time to time or as set by the Compensation Review Board,
8 whichever is greater.
9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
10 revised 8-1-99.)
11 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
12 Sec. 5-335. In the Department of Corrections. The
13 Director of Corrections shall receive an annual salary as set
14 by the Governor from time to time or as set by the
15 Compensation Review Board, whichever is greater.
16 The Assistant Director of Corrections - Juvenile Division
17 shall receive an annual salary as set by the Governor from
18 time to time or as set by the Compensation Review Board,
19 whichever is greater.
20 The Assistant Director of Corrections - Adult Division
21 shall receive an annual salary as set by the Governor from
22 time to time or as set by the Compensation Review Board,
23 whichever is greater.
24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
25 revised 8-1-99.)
26 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
27 Sec. 5-340. In the Department of Employment Security.
28 The Director of Employment Security shall receive an annual
29 salary of as set by the Governor from time to time or an
30 amount set by the Compensation Review Board, whichever is
31 greater.
32 Each member of the Board of Review shall receive $15,000.
-62- LRB9203186EGfg
1 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
2 revised 8-1-99.)
3 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
4 Sec. 5-345. In the Department of Financial Institutions.
5 The Director of Financial Institutions shall receive an
6 annual salary as set by the Governor from time to time or as
7 set by the Compensation Review Board, whichever is greater.
8 The Assistant Director of Financial Institutions shall
9 receive an annual salary as set by the Governor from time to
10 time or as set by the Compensation Review Board, whichever is
11 greater.
12 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
13 revised 8-1-99.)
14 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
15 Sec. 5-350. In the Department of Human Rights. The
16 Director of Human Rights shall receive an annual salary as
17 set by the Governor from time to time or as set by the
18 Compensation Review Board, whichever is greater.
19 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
20 revised 8-1-99.)
21 (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
22 Sec. 5-355. In the Department of Human Services. The
23 Secretary of Human Services shall receive an annual salary as
24 set by the Governor from time to time 5-335 Law or such other
25 amount as may be set by the Compensation Review Board,
26 whichever is greater.
27 The Assistant Secretaries of Human Services shall each
28 receive an annual salary as set by the Governor from time to
29 time 5-395 Law or such other amount as may be set by the
30 Compensation Review Board, whichever is greater.
31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
-63- LRB9203186EGfg
1 revised 8-1-99.)
2 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
3 Sec. 5-360. In the Department of Insurance. The Director
4 of Insurance shall receive an annual salary as set by the
5 Governor from time to time or as set by the Compensation
6 Review Board, whichever is greater.
7 The Assistant Director of Insurance shall receive an
8 annual salary as set by the Governor from time to time or as
9 set by the Compensation Review Board, whichever is greater.
10 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
11 revised 8-1-99.)
12 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
13 Sec. 5-365. In the Department of Labor. The Director of
14 Labor shall receive an annual salary as set by the Governor
15 from time to time or as set by the Compensation Review Board,
16 whichever is greater.
17 The Assistant Director of Labor shall receive an annual
18 salary as set by the Governor from time to time or as set by
19 the Compensation Review Board, whichever is greater.
20 The Chief Factory Inspector shall receive $24,700 from
21 the third Monday in January, 1979 to the third Monday in
22 January, 1980, and $25,000 thereafter, or as set by the
23 Compensation Review Board, whichever is greater.
24 The Superintendent of Safety Inspection and Education
25 shall receive $27,500, or as set by the Compensation Review
26 Board, whichever is greater.
27 The Superintendent of Women's and Children's Employment
28 shall receive $22,000 from the third Monday in January, 1979
29 to the third Monday in January, 1980, and $22,500 thereafter,
30 or as set by the Compensation Review Board, whichever is
31 greater.
32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
-64- LRB9203186EGfg
1 revised 8-1-99.)
2 (20 ILCS 5/5-370) (was 20 ILCS 5/9.31)
3 Sec. 5-370. In the Department of the Lottery. The
4 Director of the Lottery shall receive an annual salary as set
5 by the Governor from time to time or an amount set by the
6 Compensation Review Board, whichever is greater.
7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
8 revised 8-1-99.)
9 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
10 Sec. 5-375. In the Department of Natural Resources. The
11 Director of Natural Resources shall continue to receive the
12 annual salary set by law for the Director of Conservation
13 until January 20, 1997. Beginning on that date, the Director
14 of Natural Resources shall receive an annual salary as set by
15 the Governor from time to time or the amount set by the
16 Compensation Review Board, whichever is greater.
17 The Assistant Director of Natural Resources shall
18 continue to receive the annual salary set by law for the
19 Assistant Director of Conservation until January 20, 1997.
20 Beginning on that date, the Assistant Director of Natural
21 Resources shall receive an annual salary as set by the
22 Governor from time to time or the amount set by the
23 Compensation Review Board, whichever is greater.
24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
25 revised 8-1-99.)
26 (20 ILCS 5/5-385) (was 20 ILCS 5/9.25)
27 Sec. 5-385. In the Department of Nuclear Safety. The
28 Director of Nuclear Safety shall receive an annual salary as
29 set by the Governor from time to time or as set by the
30 Compensation Review Board, whichever is greater.
31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
-65- LRB9203186EGfg
1 revised 8-1-99.)
2 (20 ILCS 5/5-390) (was 20 ILCS 5/9.08)
3 Sec. 5-390. In the Department of Professional Regulation.
4 The Director of Professional Regulation shall receive an
5 annual salary as set by the Governor from time to time or as
6 set by the Compensation Review Board, whichever is greater.
7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
8 revised 8-1-99.)
9 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
10 Sec. 5-395. In the Department of Public Aid. The
11 Director of Public Aid shall receive an annual salary as set
12 by the Governor from time to time or as set by the
13 Compensation Review Board, whichever is greater.
14 The Assistant Director of Public Aid shall receive an
15 annual salary as set by the Governor from time to time or as
16 set by the Compensation Review Board, whichever is greater.
17 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
18 revised 8-1-99.)
19 (20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
20 Sec. 5-400. In the Department of Public Health. The
21 Director of Public Health shall receive an annual salary as
22 set by the Governor from time to time or as set by the
23 Compensation Review Board, whichever is greater.
24 The Assistant Director of Public Health shall receive an
25 annual salary as set by the Governor from time to time or as
26 set by the Compensation Review Board, whichever is greater.
27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
28 revised 8-1-99.)
29 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
30 Sec. 5-410. In the Department of State Police. The
-66- LRB9203186EGfg
1 Director of State Police shall receive an annual salary as
2 set by the Governor from time to time or as set by the
3 Compensation Review Board, whichever is greater.
4 The Assistant Director of State Police shall receive an
5 annual salary as set by the Governor from time to time or as
6 set by the Compensation Review Board, whichever is greater.
7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
8 revised 8-1-99.)
9 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
10 Sec. 5-415. In the Department of Transportation. The
11 Secretary of Transportation shall receive an annual salary as
12 set by the Governor from time to time or as set by the
13 Compensation Review Board, whichever is greater.
14 The Assistant Secretary of Transportation shall receive
15 an annual salary as set by the Governor from time to time or
16 as set by the Compensation Review Board, whichever is
17 greater.
18 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
19 revised 8-1-99.)
20 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
21 Sec. 5-420. In the Department of Veterans' Affairs. The
22 Director of Veterans' Affairs shall receive an annual salary
23 as set by the Governor from time to time or as set by the
24 Compensation Review Board, whichever is greater.
25 The Assistant Director of Veterans' Affairs shall receive
26 an annual salary as set by the Governor from time to time or
27 as set by the Compensation Review Board, whichever is
28 greater.
29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
30 revised 8-1-99.)
31 (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
-67- LRB9203186EGfg
1 Sec. 5-550. In the Department of Human Services. A
2 State Rehabilitation Council, hereinafter referred to as the
3 Council, is hereby established for the purpose of advising
4 the Secretary and the vocational rehabilitation administrator
5 of the provisions of the federal Rehabilitation Act of 1973
6 and the Americans with Disabilities Act of 1990 in matters
7 concerning individuals with disabilities and the provision of
8 rehabilitation services. The Council shall consist of 25
9 members appointed by the Governor after soliciting
10 recommendations from representatives of organizations
11 representing a broad range of individuals with disabilities
12 and organizations interested in individuals with
13 disabilities. The Governor shall appoint to this Council the
14 following:
15 (1) One representative of a parent training center
16 established in accordance with the federal Individuals
17 with Disabilities Education Act.
18 (2) One representative of the client assistance
19 program.
20 (3) One vocational rehabilitation counselor who has
21 knowledge of and experience with vocational
22 rehabilitation programs. (If an employee of the
23 Department is appointed, that appointee shall serve as an
24 ex officio, nonvoting member.)
25 (4) One representative of community rehabilitation
26 program service providers.
27 (5) Four representatives of business, industry, and
28 labor.
29 (6) Eight representatives of disability advocacy
30 groups representing a cross section of the following:
31 (A) individuals with physical, cognitive,
32 sensory, and mental disabilities; and
33 (B) parents, family members, guardians,
34 advocates, or authorized representative of
-68- LRB9203186EGfg
1 individuals with disabilities who have difficulty in
2 representing themselves or who are unable, due to
3 their disabilities, to represent themselves.
4 (7) One current or former applicant for, or
5 recipient of, vocational rehabilitation services.
6 (8) Three representatives from secondary or higher
7 education.
8 (9) One representative of the State Workforce
9 Investment Board.
10 (10) One representative of the Illinois State Board
11 of Education who is knowledgeable about the Individuals
12 with Disabilities Education Act.
13 The chairperson of, or a member designated by, the Statewide
14 Independent Living Council created under Section 12a of the
15 Disabled Persons Rehabilitation Act, the chairperson of the
16 Blind Services Planning Council created under the Bureau for
17 the Blind Act, and the vocational rehabilitation
18 administrator shall serve as ex officio members. The
19 vocational rehabilitation administrator shall have no vote.
20 The Council shall select a Chairperson.
21 The Chairperson and at least 12 other members of the
22 Council shall have a recognized disability. One member shall
23 be a senior citizen age 60 or over. A majority of the
24 Council members shall not be employees of the Department of
25 Human Services. Current members of the Rehabilitation
26 Services Council shall serve until members of the newly
27 created Council are appointed.
28 The terms of all members appointed before the effective
29 date of Public Act 88-10 shall expire on July 1, 1993. The
30 members first appointed under Public Act 88-10 shall be
31 appointed to serve for staggered terms beginning July 1,
32 1993, as follows: 7 members shall be appointed for terms of
33 3 years, 7 members shall be appointed for terms of 2 years,
34 and 6 members shall be appointed for terms of one year.
-69- LRB9203186EGfg
1 Thereafter, all appointments shall be for terms of 3 years.
2 Vacancies shall be filled for the unexpired term.
3 Appointments to fill vacancies in unexpired terms and new
4 terms shall be filled by the Governor or by the Council if
5 the Governor delegates that power to the Council by executive
6 order. Members shall serve until their successors are
7 appointed and qualified. No member, except the
8 representative of the client assistance program, shall serve
9 for more than 2 full terms.
10 Members shall be reimbursed for their actual expenses
11 incurred in the performance of their duties, including
12 expenses for travel, child care, and personal assistance
13 services, and a member who is not employed or who must
14 forfeit wages from other employment shall be paid reasonable
15 compensation for each day the member is engaged in performing
16 the duties of the Council.
17 The Council shall meet at least 4 times per year at times
18 and places designated by the Chairman upon 10 days written
19 notice to the members. Special meetings may be called by the
20 Chairperson or 7 members of the Council upon 7 days written
21 notice to the other members. Nine members shall constitute a
22 quorum. No member of the Council shall cast a vote on any
23 matter that would provide direct financial benefit to the
24 member or otherwise give the appearance of a conflict of
25 interest under Illinois law.
26 The Council shall prepare and submit to the vocational
27 rehabilitation administrator the reports and findings that
28 the vocational rehabilitation administrator or she may
29 request or that the Council deems fit. The Council shall
30 select jointly with the vocational rehabilitation
31 administrator a pool of qualified persons to serve as
32 impartial hearing officers. The Council shall, with the
33 vocational rehabilitation unit in the Department, jointly
34 develop, agree to, and review annually State goals and
-70- LRB9203186EGfg
1 priorities and jointly submit annual reports of progress to
2 the federal Commissioner of the Rehabilitation Services
3 Administration.
4 To the extent that there is a disagreement between the
5 Council and the unit within the Department of Human Services
6 responsible for the administration of the vocational
7 rehabilitation program, regarding the resources necessary to
8 carry out the functions of the Council as set forth in this
9 Section, the disagreement shall be resolved by the Governor.
10 (Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00;
11 91-540, eff. 8-13-99; revised 8-25-99.)
12 Section 13. The Department of Agriculture Law of the
13 Civil Administrative Code of Illinois is amended by
14 renumbering Section 40.43 and changing Section 205-60 as
15 follows:
16 (20 ILCS 205/205-47) (was 20 ILCS 205/40.43)
17 Sec. 205-47. 40.43. Value Added Agricultural Products.
18 (a) To expend funds appropriated to the Department of
19 Agriculture to develop and implement a grant program for
20 value added agricultural products, to be called the "Illinois
21 Value-Added Agriculture Enhancement Program". The grants are
22 to provide 50% of (i) the cost of undertaking feasibility
23 studies, competitive assessments, and consulting or
24 productivity services that the Department determines may
25 result in enhancement of value added agricultural products
26 and (ii) seed money for new or expanding agribusiness.
27 (b) "Agribusiness" means any sole proprietorship,
28 limited partnership, copartnership, joint venture,
29 corporation, or cooperative that operates or will operate a
30 facility located within the State of Illinois that is related
31 to the processing of agricultural commodities (including,
32 without limitation, the products of aquaculture, hydroponics,
-71- LRB9203186EGfg
1 and silviculture) or the manufacturing, production, or
2 construction of agricultural buildings, structures,
3 equipment, implements, and supplies, or any other facilities
4 or processes used in agricultural production. Agribusiness
5 includes but is not limited to the following:
6 (1) grain handling and processing, including grain
7 storage, drying, treatment, conditioning, milling, and
8 packaging;
9 (2) seed and feed grain development and processing;
10 (3) fruit and vegetable processing, including
11 preparation, canning, and packaging;
12 (4) processing of livestock and livestock products,
13 dairy products, poultry and poultry products, fish, or
14 apiarian products, including slaughter, shearing,
15 collecting, preparation, canning, and packaging;
16 (5) fertilizer and agricultural chemical
17 manufacturing, processing, application, and supplying;
18 (6) farm machinery, equipment, and implement
19 manufacturing and supplying;
20 (7) manufacturing and supplying of agricultural
21 commodity processing machinery and equipment, including
22 machinery and equipment used in slaughter, treatment,
23 handling, collecting, preparation, canning, or packaging
24 of agricultural commodities;
25 (8) farm building and farm structure manufacturing,
26 construction, and supplying;
27 (9) construction, manufacturing, implementation,
28 supplying, or servicing of irrigation, drainage, and soil
29 and water conservation devices or equipment;
30 (10) fuel processing and development facilities
31 that produce fuel from agricultural commodities or
32 by-products;
33 (11) facilities and equipment for processing and
34 packaging agricultural commodities specifically for
-72- LRB9203186EGfg
1 export;
2 (12) facilities and equipment for forestry product
3 processing and supplying, including sawmilling
4 operations, wood chip operations, timber harvesting
5 operations, and manufacturing of prefabricated buildings,
6 paper, furniture, or other goods from forestry products;
7 and
8 (13) facilities and equipment for research and
9 development of products, processes, and equipment for the
10 production, processing, preparation, or packaging of
11 agricultural commodities and by-products.
12 (c) The "Illinois Value-Added Agriculture Enhancement
13 Program Fund" is created as a special fund in the State
14 Treasury to provide grants to Illinois' small agribusinesses,
15 subject to appropriation for that purpose. Each grant
16 awarded under this program shall provide funding for up to
17 50% of the cost of (i) the development of valued added
18 agricultural products or (ii) seed money for new or expanding
19 agribusiness, not to exceed 50% of appropriated funds.
20 Notwithstanding the other provisions of this paragraph, the
21 fund shall not be used to provide seed money to an Illinois
22 small agribusiness for the purpose of compliance with the
23 provisions of the Livestock Management Facilities Act.
24 (d) For the purposes of this Section, "Illinois small
25 agribusiness" means a "small business concern" as defined in
26 Title 15 United States Code, Section 632, that primarily
27 conducts its business in Illinois.
28 (e) The Department shall make such rules and regulations
29 as may be necessary to carry out its statutory duties. Among
30 other duties, the Department, through the program, may do all
31 of the following:
32 (1) Make and enter into contracts, including but
33 not limited to making grants specified by the General
34 Assembly pursuant to appropriations by the General
-73- LRB9203186EGfg
1 Assembly from the Illinois Value-Added Agriculture
2 Enhancement Program Fund, and generally to do all such
3 things as, in its judgment, may be necessary, proper, and
4 expedient in accomplishing its duties.
5 (2) Provide for, staff, and administer a program in
6 which the Department shall plan and coordinate State
7 efforts designed to aid and stimulate the development of
8 value-added agribusiness.
9 (3) Make grants on the terms and conditions that
10 the Department shall determine, except that no grant made
11 under the provisions of this item (3) shall exceed 50% of
12 the direct costs.
13 (4) Act as the State Agriculture Planning Agency,
14 and accept and use planning grants or other financial
15 assistance from the federal government (i) for statewide
16 comprehensive planning work including research and
17 coordination activity directly related to agriculture
18 needs; and (ii) for state and inter-state comprehensive
19 planning and research and coordination activity related
20 thereto. All such grants shall be subject to the terms
21 and conditions prescribed by the federal government.
22 (f) The Illinois Value-Added Agricultural Enhancement
23 Fund is subject to the provisions of the Illinois Grant Funds
24 Recovery Act (GFRA).
25 (Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.)
26 (20 ILCS 205/205-60) (was 20 ILCS 205/40.35)
27 Sec. 205-60. Aquaculture. The Department has the power
28 to develop and implement a program to promote aquaculture and
29 to make grants to an aquaculture cooperative in this State
30 pursuant to the Aquaculture Development Act, to promulgate
31 the necessary rules and regulations, and to cooperate with
32 and seek the assistance of the Department of Natural
33 Resources and the Department of Transportation in the
-74- LRB9203186EGfg
1 implementation and enforcement of that Act.
2 (Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99;
3 revised 10-25-99.)
4 Section 13.5. The Alcoholism and Other Drug Abuse and
5 Dependency Act is amended by changing Section 10-45 as
6 folows:
7 (20 ILCS 301/10-45)
8 Sec. 10-45. Membership. The Board shall consist of 16
9 members:
10 (a) The Director of Aging.
11 (b) The State Superintendent of Education.
12 (c) The Director of Corrections.
13 (d) The Director of State Police.
14 (e) The Director of Professional Regulation.
15 (f) (Blank).
16 (g) The Director of Children and Family Services.
17 (h) (Blank).
18 (i) The Director of Public Aid.
19 (j) The Director of Public Health.
20 (k) The Secretary of State.
21 (l) The Secretary of Transportation.
22 (m) The Director of Insurance.
23 (n) The Director of the Administrative Office of
24 the Illinois Courts.
25 (o) The Chairman of the Board of Higher Education.
26 (p) The Director of Revenue.
27 (q) The Executive Director of the Criminal Justice
28 Information Authority.
29 (r) A chairman who shall be appointed by the
30 Governor for a term of 3 years.
31 Each member may designate a representative to serve in his or
32 her place by written notice to the Department.
-75- LRB9203186EGfg
1 (Source: P.A. 88-80; 89-507, eff. 7-1-97; revised 2-23-00.)
2 Section 15. The Department of Children and Family
3 Services Powers Law of the Civil Administrative Code of
4 Illinois is amended by changing Section 510-5 as follows:
5 (20 ILCS 510/510-5)
6 Sec. 510-5. Definition. As used in this Article 510 30,
7 "Department" means the Department of Children and Family
8 Services.
9 (Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.)
10 Section 16. The Department of Commerce and Community
11 Affairs Law of the Civil Administrative Code of Illinois is
12 amended by changing Sections 605-55, 605-385, 605-415,
13 605-615, 605-705, 605-850, 605-855, 605-860, and 605-940 and
14 renumbering Sections 46.19k, 46.34a, 46.34b, 46.70, 46.71,
15 and 46.76 as follows:
16 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
17 Sec. 605-55. Contracts and other acts to accomplish
18 Department's duties. To make and enter into contracts,
19 including but not limited to making grants and loans to units
20 of local government, private agencies as defined in the
21 Illinois State Auditing Act, non-profit corporations,
22 educational institutions, and for-profit businesses as
23 authorized pursuant to appropriations by the General Assembly
24 from the Build Illinois Bond Fund, the Build Illinois
25 Purposes Fund, the Fund for Illinois' Future, the Capital
26 Development Fund, and the General Revenue Fund, and generally
27 to do all things that, in its judgment, may be necessary,
28 proper, and expedient in accomplishing its duties.
29 (Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00;
30 revised 8-3-99.)
-76- LRB9203186EGfg
1 (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
2 Sec. 605-111. Transfer relating to the Illinois Main
3 Street Program. 46.34a. To assume from the Office of the
4 Lieutenant Governor on July 1, 1999, all personnel, books,
5 records, papers, documents, property both real and personal,
6 and pending business in any way pertaining to the Illinois
7 Main Street Program. All personnel transferred pursuant to
8 this Section shall receive certified status under the
9 Personnel Code.
10 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
11 (20 ILCS 605/605-112) (was 20 ILCS 605/46.34b)
12 Sec. 605-112. Transfer relating to the State Data
13 Center. 46.34b. To assume from the Executive Office of the
14 Governor, Bureau of the Budget, on July 1, 1999, all
15 personnel, books, records, papers, documents, property both
16 real and personal, and pending business in any way pertaining
17 to the State Data Center, established pursuant to a
18 Memorandum of Understanding entered into with the Census
19 Bureau pursuant to 15 U.S.C. Section 1525. All personnel
20 transferred pursuant to this Section shall receive certified
21 status under the Personnel Code.
22 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
23 (20 ILCS 605/605-323) (was 20 ILCS 605/46.76)
24 Sec. 605-323. 46.76. Energy Assistance Contribution
25 Fund.
26 (a) The Department may accept gifts, grants, awards,
27 matching contributions, interest income, appropriations, and
28 cost sharings from individuals, businesses, governments, and
29 other third-party sources, on terms that the Director deems
30 advisable, to assist eligible households, businesses,
31 industries, educational institutions, hospitals, health care
32 facilities, and not-for-profit entities to obtain and
-77- LRB9203186EGfg
1 maintain reliable and efficient energy related services, or
2 to improve the efficiency of such services.
3 (b) The Energy Assistance Contribution Fund is created
4 as a special fund in the State Treasury, and all moneys
5 received under this Section shall be deposited into that
6 Fund. Moneys in the Energy Assistance Contribution Fund may
7 be expended for purposes consistent with the conditions under
8 which those moneys are received, subject to appropriations
9 made by the General Assembly for those purposes.
10 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
11 (20 ILCS 605/605-385) (was 20 ILCS 605/46.62)
12 Sec. 605-385. Technology Challenge Grant Program;
13 Illinois Advanced Technology Enterprise Development and
14 Investment Program. To establish and administer a Technology
15 Challenge Grant Program and an Illinois Technology Enterprise
16 Development and Investment Program as provided by the
17 Technology Advancement and Development Act and to expend
18 appropriations in accordance therewith.
19 (Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99;
20 revised 10-20-99.)
21 (20 ILCS 605/605-415)
22 Sec. 605-415. Job Training and Economic Development
23 Grant Program.
24 (a) Legislative findings. The General Assembly finds
25 that:
26 (1) Despite the large number of unemployed job
27 seekers, many employers are having difficulty matching
28 the skills they require with the skills of workers; a
29 similar problem exists in industries where overall
30 employment may not be expanding but there is an acute
31 need for skilled workers in particular occupations.
32 (2) The State of Illinois should foster local
-78- LRB9203186EGfg
1 economic development by linking the job training of
2 unemployed disadvantaged citizens with the workforce
3 needs of local business and industry.
4 (3) Employers often need assistance in developing
5 training resources that will provide work opportunities
6 for disadvantaged populations.
7 (b) Definitions. As used in this Section:
8 "Community based provider" means a not-for-profit
9 organization, with local boards of directors, that directly
10 provides job training services.
11 "Disadvantaged persons" has the same meaning as in Titles
12 II-A and II-C of the federal Job Training Partnership Act.
13 "Training partners" means a community-based provider and
14 one or more employers who have established training and
15 placement linkages.
16 (c) From funds appropriated for that purpose, the
17 Department of Commerce and Community Affairs shall administer
18 a Job Training and Economic Development Grant Program. The
19 Director shall make grants to community-based providers. The
20 grants shall be made to support the following:
21 (1) Partnerships between community-based providers
22 and employers for the customized training of existing
23 low-skilled, low-wage employees and newly hired
24 disadvantaged persons.
25 (2) Partnerships between community-based providers
26 and employers to develop and operate training programs
27 that link the work force needs of local industry with the
28 job training of disadvantaged persons.
29 (d) For projects created under paragraph (1) of
30 subsection (c):
31 (1) The Department shall give a priority to
32 projects that include an in-kind match by an employer in
33 partnership with a community-based provider and projects
34 that use instructional materials and training instructors
-79- LRB9203186EGfg
1 directly used in the specific industry sector of the
2 partnership employer.
3 (2) The partnership employer must be an active
4 participant in the curriculum development and train
5 primarily disadvantaged populations.
6 (e) For projects created under paragraph (2) of
7 subsection (c):
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.
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 Grants shall be based on a performance based contracting
29 system. Each grant shall be based on the cost of providing
30 the training services and the goals negotiated and made a
31 part of the contract between the Department and the training
32 partners. The goals shall include the number of people to be
33 trained, the number who stay in the program, the number who
34 complete the program, the number who enter employment, their
-80- LRB9203186EGfg
1 wages, and the number who retain employment. The level of
2 success in achieving employment, wage, and retention goals
3 shall be a primary consideration for determining contract
4 renewals and subsequent funding levels. In setting the
5 goals, due consideration shall be given to the education,
6 work experience, and job readiness of the trainees; their
7 barriers to employment; and the local job market. Periodic
8 payments under the contracts shall be based on the degree to
9 which the relevant negotiated goals have been met during the
10 payment period.
11 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
12 90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff.
13 1-1-00; revised 8-3-99.)
14 (20 ILCS 605/605-512) (was 20 ILCS 605/46.70)
15 (Section scheduled to be repealed on December 31, 2004)
16 Sec. 605-512. 46.70. Small business incubator grants.
17 (a) Subject to availability of funds in the Small
18 Business Incubator Fund, the Director of Commerce and
19 Community Affairs may make grants to eligible small business
20 incubators in an amount not to exceed 50% of State income
21 taxes paid in the previous calendar year by qualified tenant
22 businesses subject to the restrictions of this Section.
23 (b) There is created a special fund in the State
24 Treasury known as the Small Business Incubator Fund. The
25 money in the Fund may be used only for making grants under
26 subsection (a) of this Section. The Department of Revenue
27 shall certify by March 1 of each year to the General
28 Assembly the amount of State income taxes paid by qualified
29 tenant businesses in the previous year. The Department of
30 Revenue may, by rule, prescribe forms necessary to identify
31 qualified tenant businesses under this Section. An amount
32 equal to 50% of the amount certified by the Department of
33 Revenue shall be appropriated into the Fund annually.
-81- LRB9203186EGfg
1 (c) Eligible small business incubators that receive a
2 grant under this Section may use the grant only for capital
3 improvements on the building housing the eligible small
4 business incubator. Each small business incubator shall be
5 eligible for a grant equal to no more than 50% of the amount
6 of State income taxes paid in the previous year by qualified
7 tenant businesses of the small business incubator, minus
8 administrative costs. The eligible small business incubator
9 must keep written records of the use of the grant money for a
10 period of 5 years from disbursement.
11 (d) By April 1 of each year, an eligible small business
12 incubator may apply for a grant under this Section on forms
13 developed by the Department. The Department may require
14 applicants to provide proof of eligibility. Upon review of
15 the applications, the Director of Commerce and Community
16 Affairs shall approve or disapprove the application. At the
17 start of each fiscal year or upon approval of the budget for
18 that fiscal year, whichever is later, the Director shall
19 determine the amount of funds available for grants under this
20 Section and shall then approve the grants.
21 (e) For purposes of this Section:
22 (1) "Eligible small business incubator" means an
23 entity that is dedicated to the successful development of
24 entrepreneurial companies, has a specific written policy
25 identifying requirements for a business "to graduate"
26 from the incubator, either owns or leases real estate in
27 which qualified tenant businesses operate, and provides
28 all of the following services: management guidance,
29 rental spaces, shared basic business equipment,
30 technology support services, and assistance in obtaining
31 financing.
32 (2) "Qualified tenant business" means a business
33 that currently leases space from an eligible small
34 business incubator, is less than 5 years old, and either
-82- LRB9203186EGfg
1 has not fulfilled the eligible small business incubator's
2 graduation requirements or has fulfilled these
3 requirements within the last 5 years.
4 (f) Five percent of the amount that is appropriated
5 annually into the Small Business Incubator Fund shall be
6 allotted to the Department of Commerce and Community Affairs
7 for the purpose of administering, overseeing, and evaluating
8 the grant process and outcome.
9 (g) This Section is repealed on December 31, 2004.
10 The evaluation of the effectiveness of the grant process
11 and subsequent outcome of job and business creation shall
12 recommend the continuation or the repeal of this Section and
13 shall be submitted to the Governor and the General Assembly
14 before December 31, 2003.
15 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
16 (20 ILCS 605/605-550) (was 20 ILCS 605/46.71)
17 Sec. 605-550. 46.71. Model domestic violence and sexual
18 assault employee awareness and assistance policy.
19 (a) The Department shall convene a task force including
20 members of the business community, employees, employee
21 organizations, representatives from the Department of Labor,
22 and directors of domestic violence and sexual assault
23 programs, including representatives of statewide advocacy
24 organizations for the prevention of domestic violence and
25 sexual assault, to develop a model domestic violence and
26 sexual assault employee awareness and assistance policy for
27 businesses.
28 The Department shall give due consideration to the
29 recommendations of the Governor, the President of the Senate,
30 and the Speaker of the House of Representatives for
31 participation by any person on the task force, and shall make
32 reasonable efforts to assure regional balance in membership.
33 (b) The purpose of the model employee awareness and
-83- LRB9203186EGfg
1 assistance policy shall be to provide businesses with the
2 best practices, policies, protocols, and procedures in order
3 that they ascertain domestic violence and sexual assault
4 awareness in the workplace, assist affected employees, and
5 provide a safe and helpful working environment for employees
6 currently or potentially experiencing the effects of domestic
7 violence or sexual assault. The model plan shall include but
8 not be limited to:
9 (1) the establishment of a definite corporate
10 policy statement recognizing domestic violence and sexual
11 assault as workplace issues as well as promoting the need
12 to maintain job security for those employees currently
13 involved in domestic violence or sexual assault disputes;
14 (2) policy and service publication requirements,
15 including posting these policies and service availability
16 pamphlets in break rooms, on bulletin boards, and in
17 restrooms, and transmitting them through other
18 communication methods;
19 (3) a listing of current domestic violence and
20 sexual assault community resources such as shelters,
21 crisis intervention programs, counseling and case
22 management programs, and legal assistance and advocacy
23 opportunities for affected employees;
24 (4) measures to ensure workplace safety including,
25 where appropriate, designated parking areas, escort
26 services, and other affirmative safeguards;
27 (5) training programs and protocols designed to
28 educate employees and managers in how to recognize,
29 approach, and assist employees experiencing domestic
30 violence or sexual assault, including both victims and
31 batterers; and
32 (6) other issues as shall be appropriate and
33 relevant for the task force in developing the model
34 policy.
-84- LRB9203186EGfg
1 (c) The model policy shall be reviewed by the task force
2 to assure consistency with existing law and shall be made the
3 subject of public hearings convened by the Department
4 throughout the State at places and at times which are
5 convenient for attendance by the public, after which the
6 policy shall be reviewed by the task force and amended as
7 necessary to reflect concerns raised at the hearings. If
8 approved by the task force, the model policy shall be
9 provided as approved with explanation of its provisions to
10 the Governor and the General Assembly not later than one year
11 after the effective date of this amendatory Act of the 91st
12 General Assembly. The Department shall make every effort to
13 notify businesses of the availability of the model domestic
14 violence and sexual assault employee awareness and assistance
15 policy.
16 (d) The Department, in consultation with the task force,
17 providers of services, the advisory council, the Department
18 of Labor, and representatives of statewide advocacy
19 organizations for the prevention of domestic violence and
20 sexual assault, shall provide technical support, information,
21 and encouragement to businesses to implement the provisions
22 of the model.
23 (e) Nothing contained in this Section shall be deemed to
24 prevent businesses from adopting their own domestic violence
25 and sexual assault employee awareness and assistance policy.
26 (f) The Department shall survey businesses within 4
27 years of the effective date of this amendatory Act of the
28 91st General Assembly to determine the level of model policy
29 adoption amongst businesses and shall take steps necessary to
30 promote the further adoption of such policy.
31 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
32 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
33 Sec. 605-615. Assistance with exports. The Department
-85- LRB9203186EGfg
1 shall have the following duties and responsibilities in
2 regard to the Civil Administrative Code of Illinois:
3 (1) To establish or cosponsor mentoring conferences,
4 utilizing experienced manufacturing exporters, to explain and
5 provide information to prospective export manufacturers and
6 businesses concerning the process of exporting to both
7 domestic and international opportunities.
8 (2) To provide technical assistance to prospective
9 export manufacturers and businesses seeking to establish
10 domestic and international export opportunities.
11 (3) To coordinate with the Department's Small Business
12 Development Centers to link buyers with prospective export
13 manufacturers and businesses.
14 (4) To promote, both domestically and abroad, products
15 made in Illinois in order to inform and advise consumers and
16 buyers of their high quality standards and craftsmanship.
17 (5) To provide technical assistance toward establishment
18 of export trade corporations in the private sector.
19 (6) To develop an electronic data base to compile
20 information on international trade and investment activities
21 in Illinois companies, provide access to research and
22 business opportunities through external data bases, and
23 connect this data base through international communication
24 systems with appropriate domestic and worldwide networks
25 users.
26 (7) To collect and distribute to foreign commercial
27 libraries directories, catalogs, brochures, and other
28 information of value to foreign businesses considering doing
29 business in this State.
30 (8) To establish an export finance awareness program to
31 provide information to banking organizations about methods
32 used by banks to provide financing for businesses engaged in
33 exporting and about other State and federal programs to
34 promote and expedite export financing.
-86- LRB9203186EGfg
1 (9) To undertake a survey of Illinois' businesses to
2 identify exportable products and the businesses interested in
3 exporting.
4 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
5 revised 8-5-99.)
6 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
7 Sec. 605-705. Grants to local tourism and convention
8 bureaus.
9 (a) To establish a grant program for local tourism and
10 convention bureaus. The Department will develop and
11 implement a program for the use of funds, as authorized under
12 this Act, by local tourism and convention bureaus. For the
13 purposes of this Act, bureaus eligible to receive funds are
14 defined as those bureaus in legal existence as of January 1,
15 1985 that are either a unit of local government or
16 incorporated as a not-for-profit organization, are affiliated
17 with at least one municipality or county, and employ one full
18 time staff person whose purpose is to promote tourism. Each
19 bureau receiving funds under this Act will be certified by
20 the Department as the designated recipient to serve an area
21 of the State. These funds may not be used in support of the
22 Chicago World's Fair.
23 (b) To distribute grants to local tourism and convention
24 bureaus from appropriations made from the Local Tourism Fund
25 for that purpose. Of the amounts appropriated annually to
26 the Department for expenditure under this Section, one-third
27 of those monies shall be used for grants to convention and
28 tourism bureaus in cities with a population greater than
29 500,000. The remaining two-thirds of the annual
30 appropriation shall be used for grants to convention and
31 tourism bureaus in the remainder of the State, in accordance
32 with a formula based upon the population served. The
33 Department may reserve up to 10% of the total appropriated to
-87- LRB9203186EGfg
1 conduct audits of grants, to provide incentive funds to those
2 bureaus that will conduct promotional activities designed to
3 further the Department's statewide advertising campaign, to
4 fund special statewide promotional activities, and to fund
5 promotional activities that support an increased use of the
6 State's parks or historic sites.
7 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
8 91-357, eff. 7-29-99; revised 8-4-99.)
9 (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
10 Sec. 605-817. 46.19k. Family loan program.
11 (a) From amounts appropriated for such purpose, the
12 Department in consultation with the Department of Human
13 Services shall solicit proposals to establish programs to be
14 known as family loan programs. Such programs shall provide
15 small, no-interest loans to custodial parents with income
16 below 200% of the federal poverty level an who are working or
17 enrolled in a post-secondary education program, to aid in
18 covering the costs of unexpected expenses that could
19 interfere with their ability to maintain employment or
20 continue education. Loans awarded through a family loan
21 program may be paid directly to a third party on behalf of a
22 loan recipient and in either case shall not constitute income
23 or resources for the purposes of public assistance and care
24 so long as the funds are used for the intended purpose.
25 (b) The Director shall enter into written agreements
26 with not-for-profit organizations or local government
27 agencies to administer loan pools. Agreements shall be
28 entered into with no more than 4 organizations or agencies,
29 no more than one of which shall be located in the city of
30 Chicago.
31 (c) Program sites shall be approved based on the
32 demonstrated ability of the organization or governmental
33 agency to secure funding from private or public sources
-88- LRB9203186EGfg
1 sufficient to establish a loan pool to be maintained through
2 repayment agreements entered into by eligible low-income
3 families. Funds awarded by the Department to approved
4 program sites shall be used for the express purposes of
5 covering staffing and administration costs associated with
6 administering the loan pool.
7 (Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.)
8 (20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part)
9 Sec. 605-850. Labor-management-community relations;
10 Labor-Management-Community Labor-Management Cooperation
11 Committee.
12 (a) Because economic development investment programs
13 must be supplemented with efforts to maintain a skilled,
14 stable, and diverse workforce able to meet the needs of new
15 and growing business enterprises, the Department shall
16 promote better labor-management-community and government
17 operations by providing assistance in the development of
18 local labor-management-community committees and coalitions
19 established to address employment issues facing families and
20 by helping Illinois current and prospective employers attract
21 and retain a diverse and productive workforce through the
22 promotion and support of dependent care policies and programs
23 in the workplace and community.
24 (b) In the Department there shall be a
25 Labor-Management-Community Cooperation Committee composed of
26 18 public members appointed by the Governor with the advice
27 and consent of the Senate. Six members shall represent
28 executive level management of businesses, 6 members shall
29 represent major labor union leadership, and 6 members shall
30 represent community leadership. The Governor shall designate
31 one 1 business representative and one 1 labor representative
32 as cochairmen. Appointed members shall not be represented at
33 a meeting by another person. There shall be 9 ex officio
-89- LRB9203186EGfg
1 nonvoting members: the Director, who shall serve as
2 Secretary, the Director of Labor, the Secretary of Human
3 Services, the Director of Public Health, the Director of
4 Employment Security, the President of the Senate, the
5 Minority Leader of the Senate, the Speaker of the House of
6 Representatives, and the Minority Leader of the House of
7 Representatives. Each ex officio member shall serve during
8 the term of his or her office. Ex officio members may be
9 represented by duly authorized substitutes.
10 In making the initial public member appointments to the
11 Committee, 3 of the business representatives and 3 of the
12 labor union representatives shall be appointed for terms
13 expiring July 1, 1987. The remaining public members shall be
14 appointed for terms expiring July 1, 1988. The public
15 members appointed under this amendatory Act of the 91st
16 General Assembly shall be divided into 2 groups with the
17 first group having terms that expire on July 1, 2002 and the
18 second group having terms that expire on July 1, 2003.
19 Thereafter, public members of the Committee shall be
20 appointed for terms of 2 years expiring on July 1, or until
21 their successors are appointed and qualified. The Governor
22 may at any time, with the advice and consent of the Senate,
23 make appointments to fill vacancies for the balance of an
24 unexpired term. Public members shall serve without
25 compensation but shall be reimbursed by the Department for
26 necessary expenses incurred in the performance of their
27 duties. The Department shall provide staff assistance to the
28 Committee.
29 (c) The Committee shall have the following duties:
30 (1) To improve communications between labor,
31 management, and communities on significant economic
32 problems facing the State, especially with respect to
33 identifying new ways to attract and retain employees and
34 provide an environment in which employees can do their
-90- LRB9203186EGfg
1 best work.
2 (2) To encourage and support the development of
3 local labor, management, and community committees at the
4 plant, industry and area levels across the State and
5 encourage and support the development of local coalitions
6 to support the implementation of family-friendly policies
7 in the workplace.
8 (3) To assess the progress of area
9 labor-management-community committees and local
10 coalitions that have been formed across the State and
11 provide input to the Governor and General Assembly
12 concerning grant programs established in this Act.
13 (4) To convene a statewide conference on
14 labor-management-community concerns at least once every 2
15 years and to convene a series of regional work, family,
16 and community planning conferences throughout the State
17 for employers, unions, and community leaders to form
18 local coalitions to share information, pool resources,
19 and address work and family concerns in their own
20 communities.
21 (5) To issue a report on labor-management-community
22 and employment-related family concerns to the Governor
23 and the General Assembly every 2 years. This report
24 shall outline the accomplishments of the Committee and
25 specific recommendations for improving statewide
26 labor-management-community relations and supporting the
27 adoption of family-friendly work practices throughout the
28 State.;
29 (6) To advise the Department on dependent care and
30 other employment-related family initiatives.; and
31 (7) To advise the Department on other initiatives
32 to foster maintenance and development of productive,
33 stable, and diverse workforces to supplement and advance
34 community and State investment-based economic development
-91- LRB9203186EGfg
1 programs.
2 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
3 91-476, eff. 8-11-99; revised 10-20-99.)
4 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part)
5 Sec. 605-855. Grants to local coalitions and
6 labor-management-community labor-management committees.
7 (a) The Director, with the advice of the
8 Labor-Management-Community Cooperation Committee, shall have
9 the authority to provide grants to employee coalitions or
10 other coalitions that enhance or promote work and family
11 programs and address specific community concerns, and to
12 provide matching grants, grants, and other resources to
13 establish or assist area labor-management-community
14 committees and other projects that serve to enhance
15 labor-management-community relations. The Department shall
16 have the authority, with the advice of the
17 Labor-Management-Community Cooperation Committee, to award
18 grants or matching grants in the following 4 areas as
19 provided in subsections (b) through (g) (e).
20 (b) To provide 60% Matching grants to existing local
21 labor-management-community committees. To be eligible for
22 matching grants pursuant to this subsection, local
23 labor-management-community committees shall meet all of the
24 following criteria:
25 (1) Be a formal, not-for-profit organization
26 structured for continuing service with voluntary
27 membership.
28 (2) Be composed of labor, management, and community
29 representatives.
30 (3) Service a distinct and identifiable geographic
31 region.
32 (4) Be staffed by a professional chief executive
33 officer.
-92- LRB9203186EGfg
1 (5) Have been established with the Department for
2 at least 2 years.
3 (6) Operate in compliance with rules set forth by
4 the Department with the advice of the
5 Labor-Management-Community Cooperation Committee.
6 (7) Ensure that their efforts and activities are
7 coordinated with relevant agencies, including but not
8 limited to the following:
9 Department of Commerce and Community Affairs
10 Illinois Department of Labor
11 Economic development agencies
12 Planning agencies
13 Colleges, universities, and community colleges
14 U.S. Department of Labor
15 Statewide Job Training Partnership Act entities
16 or entities under any successor federal workforce
17 training and development legislation.
18 Further, the purpose of the local
19 labor-management-community committees will include, but not
20 be limited to, the following:
21 (i) (8) Enhancing the positive
22 labor-management-community relationship within the State,
23 region, community, and/or work place.
24 (ii) (9) Assisting in the retention, expansion, and
25 attraction of businesses and jobs within the State
26 through special training programs, gathering and
27 disseminating information, and providing assistance in
28 local economic development efforts as appropriate.
29 (iii) (10) Creating and maintaining a regular
30 nonadversarial forum for ongoing dialogue between labor,
31 management, and community representatives to discuss and
32 resolve issues of mutual concern outside the realm of the
33 traditional collective bargaining process.
34 (iv) (11) Acting as an intermediary for initiating
-93- LRB9203186EGfg
1 local programs between unions and employers that would
2 generally improve economic conditions in a region.
3 (v) (12) Encouraging, assisting, and facilitating
4 the development of work-site and industry
5 labor-management-community committees in the region.
6 Any local labor-management-community committee meeting
7 these criteria may apply to the Department for annual
8 matching grants, provided that the local committee
9 contributes at least 25% in matching funds, of which no more
10 than 50% shall be "in-kind" services. Funds received by a
11 local committee pursuant to this subsection shall be used for
12 the ordinary operating expenses of the local committee.
13 (c) To provide 20% Matching grants to local
14 labor-management-community committees that do not meet all of
15 the eligibility criteria set forth in subsection (b).
16 However, to be eligible to apply for a grant under this
17 subsection (c), the local labor-management-community
18 committee, at a minimum, shall meet all of the following
19 criteria:
20 (1) Be composed of labor, management, and community
21 representatives.
22 (2) Service a distinct and identifiable geographic
23 region.
24 (3) Operate in compliance with the rules set forth
25 by the Department with the advice of the
26 Labor-Management-Community Cooperation Committee.
27 (4) Ensure that its efforts and activities are
28 directed toward enhancing the labor-management-community
29 relationship within the State, region, community, and/or
30 work place.
31 Any local labor-management-community committee meeting
32 these criteria may apply to the Department for an annual
33 matching grant, provided that the local committee contributes
34 at least 25% in matching funds of which no more than 50%
-94- LRB9203186EGfg
1 shall be "in-kind" services. Funds received by a local
2 committee pursuant to this subsection (c) shall be used for
3 the ordinary and operating expenses of the local committee.
4 Eligible committees shall be limited to 3 years of funding
5 under this subsection. With respect to those committees
6 participating in this program prior to enactment of this
7 amendatory Act of 1988 that fail to qualify under paragraph
8 (1) of this subsection (c), previous years' funding shall be
9 counted in determining whether those committees have reached
10 their funding limit under this subsection (c) paragraph (2).
11 (d) To provide 10% Grants to develop and conduct
12 specialized education and training programs of direct benefit
13 to representatives of labor, management,
14 labor-management-community committees and/or their staff.
15 The type of education and training programs to be developed
16 and offered will be determined and prioritized annually by
17 the Department, with the advice of the
18 Labor-Management-Community Cooperation Committee. The
19 Department will develop and issue an annual request for
20 proposals detailing the program specifications.
21 (e) To provide 10% Grants for research and development
22 projects related to labor-management-community or
23 employment-related family issues. The Department, with the
24 advice of the Labor-Management-Community Cooperation
25 Committee, will develop and prioritize annually the type and
26 scope of the research and development projects deemed
27 necessary.
28 (f) (5) To provide Grants of up to a maximum of $5,000
29 to support the planning of regional work, family, and
30 community planning conferences that will be based on specific
31 community concerns.
32 (g) (6) To provide Grants to initiate or support
33 recently created employer-led coalitions to establish pilot
34 projects that promote the understanding of the work and
-95- LRB9203186EGfg
1 family issues and support local workforce dependent care
2 services.
3 (h) (f) The Department is authorized to establish
4 applications and application procedures and promulgate any
5 rules deemed necessary in the administration of the grants.
6 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
7 91-476, eff. 8-11-99; revised 10-20-99.)
8 (20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part)
9 Sec. 605-860. Office of Work and Family Issues Labor
10 Management Corporation. To administer the grant programs
11 created by this Law, the Department shall establish an Office
12 of Work and Family Issues. The purpose of this office shall
13 include, but not be limited to the following:
14 (1) To administer the grant programs, including
15 developing grant applications and requests for proposals,
16 program monitoring, and evaluation.
17 (2) To serve as State liaison with other state,
18 regional, and national organizations devoted to promoting
19 labor-management-community cooperation and
20 employment-related family issues; and to disseminate
21 pertinent information secured through these State,
22 regional, and national affiliations to local
23 labor-management-community committees, the
24 Labor-Management-Community Cooperation Committee,
25 employer coalitions, Illinois Employment and Training
26 Centers, and other interested parties throughout the
27 State.
28 (3) To provide technical assistance to area,
29 industry, or work-site labor-management-community
30 committees as requested.
31 (4) To serve as a clearinghouse for information
32 related to labor-management-community cooperation.
33 (5) To serve as a catalyst to developing and
-96- LRB9203186EGfg
1 strengthening a partnership among local, State, regional,
2 and national organizations and agencies devoted to
3 enhancing labor-management-community cooperation and
4 employment-related family issues.
5 (6) To provide any other programs or services that
6 enhance labor-management-community cooperation or that
7 may promote the adoption of family-friendly workplace
8 practices at companies located within the State of
9 Illinois as determined by the Director with the advice of
10 the Labor-Management-Community Cooperation Committee.
11 (7) To establish an Illinois Work and Family
12 Clearinghouse to disseminate best-practice work and
13 family policies and practices throughout the State,
14 including through the Illinois Employment and Training
15 Centers; to provide and develop a computerized database
16 listing dependent care information and referral services;
17 to help employers by providing information about options
18 for dependent care assistance;, to conduct and compile
19 research on elder care, child care, and other
20 employment-related family issues in Illinois; and to
21 compile and disseminate any other information or services
22 that support the adoption of family-friendly workplace
23 practices at companies located in the State.
24 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
25 91-467, eff. 8-11-99; revised 10-20-99.)
26 (20 ILCS 605/605-940) (was 20 ILCS 605/46.37)
27 Sec. 605-940. Clearing house for local government
28 problems; aid with financial and administrative matters. The
29 Department shall provide for a central clearing house for
30 information concerning local government problems and various
31 solutions to those problems and shall assist and aid local
32 governments of the State in matters relating to budgets,
33 fiscal procedures, and administration. In performing this
-97- LRB9203186EGfg
1 responsibility the Department shall have the power and duty
2 to do the following:
3 (1) Maintain communication with all local
4 governments and assist them, at their request, to improve
5 their administrative procedures and to facilitate
6 improved local government and development.
7 (2) Assemble and disseminate information concerning
8 State and federal programs, grants, gifts, and subsidies
9 available to local governments and to provide counsel and
10 technical services and other assistance in applying for
11 those programs, grants, gifts, and subsidies.
12 (3) Assist in coordinating activities by obtaining
13 information, on forms provided by the Department or by
14 receipt of proposals and applications, concerning State
15 and federal assisted programs, grants, gifts, and
16 subsidies applied for and received by all local
17 governments.
18 (4) Provide direct consultative services to local
19 governments upon request and provide staff services to
20 special commissions, the Governor, or the General
21 Assembly or its committees.
22 (5) Render advice and assistance with respect to
23 the establishment and maintenance of programs for the
24 training of local government officials and other
25 personnel.
26 (6) Act as the official State agency for the
27 receipt and distribution of federal funds that are or may
28 be provided to the State on a flat grant basis for
29 distribution to local governments or in the event federal
30 law requires a State agency to implement programs
31 affecting local governments and for State funds that are
32 or may be provided for the use of local governments
33 unless otherwise provided by law.
34 (7) Administer laws relating to local government
-98- LRB9203186EGfg
1 affairs as the General Assembly may direct.
2 (8) Provide all advice and assistance to improve
3 local government administration, ensure the economical
4 and efficient provision of local government services, and
5 make the Civil Administrative Code of Illinois effective.
6 (9) Give advice and counsel on fiscal problems of
7 local governments of the State to those local
8 governments.
9 (10) Prepare uniform budgetary forms for use by the
10 local governments of the State.
11 (11) Assist and advise the local governments of the
12 State in matters pertaining to budgets, appropriation
13 requests and ordinances, the determination of property
14 tax levies and rates, and other matters of a financial
15 nature.
16 (12) Be a repository for financial reports and
17 statements required by law of local governments of the
18 State, and publish financial summaries of those reports
19 and statements.
20 (13) (Blank).
21 (14) Prepare proposals and advise on the investment
22 of idle local government funds.
23 (15) Administer the program of grants, loans, and
24 loan guarantees under the federal Public Works and
25 Economic Development Act of 1965, 42 U.S.C. 3121 and
26 following, and receive and disburse State and federal
27 funds provided for that program and moneys received as
28 repayments of loans made under the program.
29 (16) After January 1, 1985, upon the request of
30 local governments, prepare and provide model financial
31 statement forms designed to communicate to taxpayers,
32 service consumers, voters, government employees, and news
33 media, in a non-technical manner, all significant
34 financial information regarding a particular local
-99- LRB9203186EGfg
1 government, and to prepare and provide to local
2 governments a summary of local governments' obligations
3 concerning the adoption of an annual operating budget.
4 The summary shall be set forth in a non-technical manner
5 and shall be designed principally for distribution to,
6 and the use of, taxpayers, service consumers, voters,
7 government employees, and news media.
8 (Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00;
9 revised 10-26-99.)
10 Section 16.5. The Illinois Enterprise Zone Act is
11 amended by changing Section 5.3 as follows:
12 (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
13 Sec. 5.3. Certification of Enterprise Zones; Effective
14 date.
15 (a) Approval of designated Enterprise Zones shall be
16 made by the Department by certification of the designating
17 ordinance. The Department shall promptly issue a certificate
18 for each Enterprise Zone upon its approval. The certificate
19 shall be signed by the Director of the Department, shall make
20 specific reference to the designating ordinance, which shall
21 be attached thereto, and shall be filed in the office of the
22 Secretary of State. A certified copy of the Enterprise Zone
23 Certificate, or a duplicate original thereof, shall be
24 recorded in the office of recorder of deeds of the county in
25 which the Enterprise Zone lies.
26 (b) An Enterprise Zone shall be effective upon its
27 certification. The Department shall transmit a copy of the
28 certification to the Department of Revenue, and to the
29 designating municipality or county.
30 Upon certification of an Enterprise Zone, the terms and
31 provisions of the designating ordinance shall be in effect,
32 and may not be amended or repealed except in accordance with
-100- LRB9203186EGfg
1 Section 5.4.
2 (c) An Enterprise Zone shall be in effect for 30
3 calendar years, or for a lesser number of years specified in
4 the certified designating ordinance. Enterprise Zones shall
5 terminate at midnight of December 31 of the final calendar
6 year of the certified term, except as provided in Section
7 5.4. In Vermilion County, however, an enterprise zone shall
8 be in effect for 30 calendar years or for a lesser number of
9 years specified in the certified designating ordinance. The
10 Whiteside County/Carroll County Enterprise Zone, however,
11 solely with respect to industrial purposes and uses, shall be
12 in effect for 30 calendar years or for a lesser number of
13 years specified in the certified designating ordinance.
14 (d) No more than 12 Enterprise Zones may be certified by
15 the Department in calendar year 1984, no more than 12
16 Enterprise Zones may be certified by the Department in
17 calendar year 1985, no more than 13 Enterprise Zones may be
18 certified by the Department in calendar year 1986, no more
19 than 15 Enterprise Zones may be certified by the Department
20 in calendar year 1987, and no more than 20 Enterprise Zones
21 may be certified by the Department in calendar year 1990. In
22 other calendar years, no more than 13 Enterprise Zones may be
23 certified by the Department. The Department may also
24 designate up to 8 additional Enterprise Zones outside the
25 regular application cycle if warranted by the extreme
26 economic circumstances as determined by the Department. The
27 Department may also designate one additional Enterprise Zone
28 outside the regular application cycle if an aircraft
29 manufacturer agrees to locate an aircraft manufacturing
30 facility in the proposed Enterprise Zone. Notwithstanding
31 any other provision of this Act, no more than 89 Enterprise
32 Zones may be certified by the Department for the 10 calendar
33 years commencing with 1983. The 7 additional Enterprise Zones
34 authorized by Public Act 86-15 shall not lie within
-101- LRB9203186EGfg
1 municipalities or unincorporated areas of counties that abut
2 or are contiguous to Enterprise Zones certified pursuant to
3 this Section prior to June 30, 1989. The 7 additional
4 Enterprise Zones (excluding the additional Enterprise Zone
5 which may be designated outside the regular application
6 cycle) authorized by Public Act 86-1030 shall not lie within
7 municipalities or unincorporated areas of counties that abut
8 or are contiguous to Enterprise Zones certified pursuant to
9 this Section prior to February 28, 1990. In any calendar
10 year, the Department may not certify more than 3 Zones
11 located within the same municipality. The Department may
12 certify Enterprise Zones in each of the 10 calendar years
13 commencing with 1983. The Department may not certify more
14 than a total of 18 Enterprise Zones located within the same
15 county (whether within municipalities or within
16 unincorporated territory) for the 10 calendar years
17 commencing with 1983. Thereafter, the Department may not
18 certify any additional Enterprise Zones, but may amend and
19 rescind certifications of existing Enterprise Zones in
20 accordance with Section 5.4.
21 (e) Notwithstanding any other provision of law, if (i)
22 the county board of any county in which a current military
23 base is located, in part or in whole, or in which a military
24 base that has been closed within 20 years of the effective
25 date of this amendatory Act of 1998 is located, in part or in
26 whole, adopts a designating ordinance in accordance with
27 Section 5 of this Act to designate the military base in that
28 county as an enterprise zone and (ii) the property otherwise
29 meets the qualifications for an enterprise zone as prescribed
30 in Section 4 of this Act, then the Department may certify the
31 designating ordinance or ordinances, as the case may be.
32 (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99;
33 91-937, eff. 1-11-01; revised 1-15-01.)
-102- LRB9203186EGfg
1 Section 17. The Department of Employment Security Law of
2 the Civil Administrative Code of Illinois is amended by
3 changing Sections 1005-110 and 1005-130 as follows:
4 (20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a)
5 Sec. 1005-110. Board of Review. The Board of Review in
6 the Department shall exercise all powers and be subject to
7 all duties conferred or imposed upon the Board by the
8 provisions of the Unemployment Insurance Act, in its own name
9 and without any direction, supervision, or control by the
10 Director.
11 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
12 revised 8-5-99.)
13 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
14 Sec. 1005-130. Exchange of information for child support
15 enforcement.
16 (a) The Department has the power to exchange with the
17 Illinois Department of Public Aid information that may be
18 necessary for the enforcement of child support orders entered
19 pursuant to the Illinois Public Aid Code, the Illinois
20 Marriage and Dissolution of Marriage Act, the Non-Support of
21 Spouse and Children Act, the Non-Support Punishment Act, the
22 Revised Uniform Reciprocal Enforcement of Support Act, the
23 Uniform Interstate Family Support Act, or the Illinois
24 Parentage Act of 1984.
25 (b) Notwithstanding any provisions in the Civil
26 Administrative Code of Illinois to the contrary, the
27 Department of Employment Security shall not be liable to any
28 person for any disclosure of information to the Illinois
29 Department of Public Aid under subsection (a) or for any
30 other action taken in good faith to comply with the
31 requirements of subsection (a).
32 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
-103- LRB9203186EGfg
1 91-613, eff. 10-1-99; revised 8-5-99.)
2 Section 18. The Department of Insurance Law of the Civil
3 Administrative Code of Illinois is amended by renumbering
4 Section 56.3 (as added by Public Act 91-406) as follows:
5 (20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3)
6 Sec. 1405-20. 56.3. Investigational cancer treatments;
7 study.
8 (a) The Department of Insurance shall conduct an
9 analysis and study of costs and benefits derived from the
10 implementation of the coverage requirements for
11 investigational cancer treatments established under Section
12 356y of the Illinois Insurance Code. The study shall cover
13 the years 2000, 2001, and 2002. The study shall include an
14 analysis of the effect of the coverage requirements on the
15 cost of insurance and health care, the results of the
16 treatments to patients, the mortality rate among cancer
17 patients, any improvements in care of patients, and any
18 improvements in the quality of life of patients.
19 (b) The Department shall report the results of its study
20 to the General Assembly and the Governor on or before March
21 1, 2003.
22 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.)
23 Section 19. The Department of Professional Regulation
24 Law of the Civil Administrative Code of Illinois is amended
25 by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and
26 2105-150 and renumbering Section 60p as follows:
27 (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
28 Sec. 2105-5. Definitions.
29 (a) In this Law:
30 "Department" means the Department of Professional
-104- LRB9203186EGfg
1 Regulation.
2 "Director" means the Director of Professional Regulation.
3 (b) In the construction of this Section and Sections
4 2105-10, 2105-15, 2105-100, 2105-105, 2105-110, 2105-115,
5 2105-120, 2105-125, 2105-175, and 2105-325, the following
6 definitions shall govern unless the context otherwise clearly
7 indicates:
8 "Board" means the board of persons designated for a
9 profession, trade, or occupation under the provisions of any
10 Act now or hereafter in force whereby the jurisdiction of
11 that profession, trade, or occupation is devolved on the
12 Department.
13 "Certificate" means a license, certificate of
14 registration, permit, or other authority purporting to be
15 issued or conferred by the Department by virtue or authority
16 of which the registrant has or claims the right to engage in
17 a profession, trade, occupation, or operation of which the
18 Department has jurisdiction.
19 "Registrant" means a person who holds or claims to hold a
20 certificate.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
22 revised 8-6-99.)
23 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
24 Sec. 2105-15. General powers and duties.
25 (a) The Department has, subject to the provisions of the
26 Civil Administrative Code of Illinois, the following powers
27 and duties:
28 (1) To authorize examinations in English to
29 ascertain the qualifications and fitness of applicants to
30 exercise the profession, trade, or occupation for which
31 the examination is held.
32 (2) To prescribe rules and regulations for a fair
33 and wholly impartial method of examination of candidates
-105- LRB9203186EGfg
1 to exercise the respective professions, trades, or
2 occupations.
3 (3) To pass upon the qualifications of applicants
4 for licenses, certificates, and authorities, whether by
5 examination, by reciprocity, or by endorsement.
6 (4) To prescribe rules and regulations defining,
7 for the respective professions, trades, and occupations,
8 what shall constitute a school, college, or university,
9 or department of a university, or other institution,
10 reputable and in good standing, and to determine the
11 reputability and good standing of a school, college, or
12 university, or department of a university, or other
13 institution, reputable and in good standing, by reference
14 to a compliance with those rules and regulations;
15 provided, that no school, college, or university, or
16 department of a university, or other institution that
17 refuses admittance to applicants solely on account of
18 race, color, creed, sex, or national origin shall be
19 considered reputable and in good standing.
20 (5) To conduct hearings on proceedings to revoke,
21 suspend, refuse to renew, place on probationary status,
22 or take other disciplinary action as authorized in any
23 licensing Act administered by the Department with regard
24 to licenses, certificates, or authorities of persons
25 exercising the respective professions, trades, or
26 occupations and to revoke, suspend, refuse to renew,
27 place on probationary status, or take other disciplinary
28 action as authorized in any licensing Act administered by
29 the Department with regard to those licenses,
30 certificates, or authorities. The Department shall issue
31 a monthly disciplinary report. The Department shall deny
32 any license or renewal authorized by the Civil
33 Administrative Code of Illinois to any person who has
34 defaulted on an educational loan or scholarship provided
-106- LRB9203186EGfg
1 by or guaranteed by the Illinois Student Assistance
2 Commission or any governmental agency of this State;
3 however, the Department may issue a license or renewal if
4 the aforementioned persons have established a
5 satisfactory repayment record as determined by the
6 Illinois Student Assistance Commission or other
7 appropriate governmental agency of this State.
8 Additionally, beginning June 1, 1996, any license issued
9 by the Department may be suspended or revoked if the
10 Department, after the opportunity for a hearing under the
11 appropriate licensing Act, finds that the licensee has
12 failed to make satisfactory repayment to the Illinois
13 Student Assistance Commission for a delinquent or
14 defaulted loan. For the purposes of this Section,
15 "satisfactory repayment record" shall be defined by rule.
16 The Department shall refuse to issue or renew a license
17 to, or shall suspend or revoke a license of, any person
18 who, after receiving notice, fails to comply with a
19 subpoena or warrant relating to a paternity or child
20 support proceeding. However, the Department may issue a
21 license or renewal upon compliance with the subpoena or
22 warrant.
23 The Department, without further process or hearings,
24 shall revoke, suspend, or deny any license or renewal
25 authorized by the Civil Administrative Code of Illinois
26 to a person who is certified by the Illinois Department
27 of Public Aid as being more than 30 days delinquent in
28 complying with a child support order or who is certified
29 by a court as being in violation of the Non-Support of
30 Punishment Act for more than 60 days. The Department
31 may, however, issue a license or renewal if the person
32 has established a satisfactory repayment record as
33 determined by the Illinois Department of Public Aid or if
34 the person is determined by the court to be in compliance
-107- LRB9203186EGfg
1 with the Non-Support Punishment Act. The Department may
2 implement this paragraph as added by Public Act 89-6
3 through the use of emergency rules in accordance with
4 Section 5-45 of the Illinois Administrative Procedure
5 Act. For purposes of the Illinois Administrative
6 Procedure Act, the adoption of rules to implement this
7 paragraph shall be considered an emergency and necessary
8 for the public interest, safety, and welfare.
9 (6) To transfer jurisdiction of any realty under
10 the control of the Department to any other department of
11 the State Government or to acquire or accept federal
12 lands when the transfer, acquisition, or acceptance is
13 advantageous to the State and is approved in writing by
14 the Governor.
15 (7) To formulate rules and regulations necessary
16 for the enforcement of any Act administered by the
17 Department.
18 (8) To exchange with the Illinois Department of
19 Public Aid information that may be necessary for the
20 enforcement of child support orders entered pursuant to
21 the Illinois Public Aid Code, the Illinois Marriage and
22 Dissolution of Marriage Act, the Non-Support of Spouse
23 and Children Act, the Non-Support Punishment Act, the
24 Revised Uniform Reciprocal Enforcement of Support Act,
25 the Uniform Interstate Family Support Act, or the
26 Illinois Parentage Act of 1984. Notwithstanding any
27 provisions in this Code to the contrary, the Department
28 of Professional Regulation shall not be liable under any
29 federal or State law to any person for any disclosure of
30 information to the Illinois Department of Public Aid
31 under this paragraph (8) or for any other action taken in
32 good faith to comply with the requirements of this
33 paragraph (8).
34 (9) To perform other duties prescribed by law.
-108- LRB9203186EGfg
1 (b) The Department may, when a fee is payable to the
2 Department for a wall certificate of registration provided by
3 the Department of Central Management Services, require that
4 portion of the payment for printing and distribution costs be
5 made directly or through the Department to the Department of
6 Central Management Services for deposit into the Paper and
7 Printing Revolving Fund. The remainder shall be deposited
8 into the General Revenue Fund.
9 (c) For the purpose of securing and preparing evidence,
10 and for the purchase of controlled substances, professional
11 services, and equipment necessary for enforcement activities,
12 recoupment of investigative costs, and other activities
13 directed at suppressing the misuse and abuse of controlled
14 substances, including those activities set forth in Sections
15 504 and 508 of the Illinois Controlled Substances Act, the
16 Director and agents appointed and authorized by the Director
17 may expend sums from the Professional Regulation Evidence
18 Fund that the Director deems necessary from the amounts
19 appropriated for that purpose. Those sums may be advanced to
20 the agent when the Director deems that procedure to be in the
21 public interest. Sums for the purchase of controlled
22 substances, professional services, and equipment necessary
23 for enforcement activities and other activities as set forth
24 in this Section shall be advanced to the agent who is to make
25 the purchase from the Professional Regulation Evidence Fund
26 on vouchers signed by the Director. The Director and those
27 agents are authorized to maintain one or more commercial
28 checking accounts with any State banking corporation or
29 corporations organized under or subject to the Illinois
30 Banking Act for the deposit and withdrawal of moneys to be
31 used for the purposes set forth in this Section; provided,
32 that no check may be written nor any withdrawal made from any
33 such account except upon the written signatures of 2 persons
34 designated by the Director to write those checks and make
-109- LRB9203186EGfg
1 those withdrawals. Vouchers for those expenditures must be
2 signed by the Director. All such expenditures shall be
3 audited by the Director, and the audit shall be submitted to
4 the Department of Central Management Services for approval.
5 (d) Whenever the Department is authorized or required by
6 law to consider some aspect of criminal history record
7 information for the purpose of carrying out its statutory
8 powers and responsibilities, then, upon request and payment
9 of fees in conformance with the requirements of Section
10 2605-400 of the Department of State Police Law (20 ILCS
11 2605/2605-400), the Department of State Police is authorized
12 to furnish, pursuant to positive identification, the
13 information contained in State files that is necessary to
14 fulfill the request.
15 (e) The provisions of this Section do not apply to
16 private business and vocational schools as defined by Section
17 1 of the Private Business and Vocational Schools Act.
18 (f) Beginning July 1, 1995, this Section does not apply
19 to those professions, trades, and occupations licensed under
20 the Real Estate License Act of 2000, nor does it apply to any
21 permits, certificates, or other authorizations to do business
22 provided for in the Land Sales Registration Act of 1989 or
23 the Illinois Real Estate Time-Share Act.
24 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
25 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised
26 9-29-99.)
27 (20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p)
28 Sec. 2105-30. 60p. License forms; notification of abuse.
29 Beginning January 1, 2000, each license or permit application
30 or renewal form the Department provides to a person who is
31 required by law to report child abuse or elder abuse must
32 include a notification that the applicant or licensee is
33 required by law to report that abuse and must include
-110- LRB9203186EGfg
1 telephone numbers the licensee may call to report the abuse.
2 (Source: P.A. 91-244, eff. 1-1-00; revised 11-3-99.)
3 (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
4 Sec. 2105-75. Design Professionals Dedicated Employees.
5 There are established within the Department certain design
6 professionals dedicated employees. These employees shall be
7 devoted exclusively to the administration and enforcement of
8 the Illinois Architecture Practice Act, the Illinois
9 Professional Land Surveyor Act of 1989, the Professional
10 Engineering Practice Act of 1989, and the Structural
11 Engineering Practice Act of 1989. The design professionals
12 dedicated employees that the Director shall employ, in
13 conformity with the Personnel Code, at a minimum shall
14 consist of one full-time design licensing Coordinator, one
15 full-time Assistant Coordinator, 4 full-time licensing
16 clerks, one full-time attorney, and 2 full-time
17 investigators. These employees shall work exclusively in the
18 licensing and enforcement of the design profession Acts set
19 forth in this Section and shall not be used for the licensing
20 and enforcement of any other Act or other duties in the
21 Department.
22 (Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00;
23 91-357, eff. 7-29-99; revised 8-6-99.)
24 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
25 Sec. 2105-120. Board's report; registrant's motion for
26 rehearing.
27 (a) The board shall present to the Director its written
28 report of its findings and recommendations. A copy of the
29 report shall be served upon the registrant, either personally
30 or by registered mail as provided in Section 2105-100 60c for
31 the service of the citation.
32 (b) Within 20 days after the service required under
-111- LRB9203186EGfg
1 subsection (a), the registrant may present to the Department
2 a motion in writing for a rehearing. The written motion
3 shall specify the particular grounds for a rehearing. If the
4 registrant orders and pays for a transcript of the record as
5 provided in Section 2105-115 60f, the time elapsing
6 thereafter and before the transcript is ready for delivery to
7 the registrant shall not be counted as part of the 20 days.
8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
9 revised 8-6-99.)
10 (20 ILCS 2105/2105-150) (was 20 ILCS 2105/60m)
11 Sec. 2105-150. Violations of Medical Practice Act.
12 Notwithstanding any of the provisions of Section 2105-5,
13 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
14 2105-125, 2105-175, 2105-200, or 2105-325 60a, 60d, 60g, of
15 this Law, for violations of Section 22 of the Medical
16 Practice Act of 1987, the Department shall suspend, revoke,
17 place on probationary status, or take other disciplinary
18 action as it deems proper with regard to licenses issued
19 under that Act only in accordance with Sections 7 and 36
20 through 46 of that Act.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
22 revised 8-6-99.)
23 Section 20. The Department of Public Health Powers and
24 Duties Law of the Civil Administrative Code of Illinois is
25 amended by changing Sections 2310-205, 2310-350, 2310-370,
26 2310-397, and 2310-430 and renumbering Sections 55.56a,
27 55.58a, 55.75a, 55.95, and multiple versions of Section 55.91
28 as follows:
29 (20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57)
30 Sec. 2310-205. Community health centers. From
31 appropriations from the Community Health Center Care Fund, a
-112- LRB9203186EGfg
1 special fund in the State treasury which is hereby created,
2 the Department shall provide financial assistance (i) (a) to
3 migrant health centers and community health centers
4 established pursuant to Sections 329 or 330 of the federal
5 Public Health Service Act or that meet the standards
6 contained in either of those Sections and (ii) for the
7 purpose of establishing new migrant health centers or
8 community health centers in areas of need.
9 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
10 revised 8-6-99.)
11 (20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a)
12 Sec. 2310-227. 55.58a. Study; nurse assistant incentive
13 program. The Department, in cooperation with the Illinois
14 Health Care Association, Life Services Network of Illinois,
15 the Illinois Council on Long Term Care, the County Nursing
16 Home Association, organized labor, the Illinois Community
17 College Board, the Southern Illinois University at Carbondale
18 Department of Workforce Education, the Illinois State Board
19 of Education, and the Department on Aging Ombudsman Program,
20 shall undertake a study to determine what incentives might be
21 necessary to attract and retain nurse assistants to work in
22 Illinois long-term care facilities. Based on any available
23 research and the experience of other states and the private
24 sector, a variety of incentive programs shall be examined for
25 their feasibility and possible development and implementation
26 in Illinois. Based upon the results of the study, the
27 Department shall implement a nurse assistant incentive
28 program no later than January 1, 2001, subject to available
29 appropriations.
30 (Source: P.A. 91-574, eff. 8-14-99; revised 10-25-99.)
31 (20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a)
32 Sec. 2310-322. 55.56a. AIDS awareness; senior citizens.
-113- LRB9203186EGfg
1 The Department must include within its public health
2 promotion programs and materials information targeted to
3 persons 50 years of age and more concerning the dangers of
4 HIV and AIDS and sexually transmitted diseases.
5 (Source: P.A. 91-106, eff. 1-1-00; revised 8-6-99.)
6 (20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95)
7 Sec. 2310-337. 55.95. Asthma information.
8 (a) The Department of Public Health, in conjunction with
9 representatives of State and community based agencies
10 involved with asthma, shall develop and implement an asthma
11 information program targeted at population groups in Illinois
12 with high risk of suffering from asthma, including but not
13 limited to the following:
14 (1) African Americans.
15 (2) Hispanics.
16 (3) The elderly.
17 (4) Children.
18 (5) Those exposed to environmental factors
19 associated with high risk of asthma.
20 (6) Those with a family history of asthma.
21 (7) Those with allergies.
22 (b) The Department's asthma information program shall
23 include but need not be limited to information about:
24 (1) The causes and prevention of asthma.
25 (2) The types of treatment for asthma.
26 (3) The availability of treatment for asthma.
27 (4) Possible funding sources for treatment of
28 asthma.
29 (c) The Department shall report to the General Assembly
30 by January 1, 2000 upon its development and implementation of
31 the asthma information program.
32 (Source: P.A. 91-515, eff. 8-13-99; revised 10-21-99.)
-114- LRB9203186EGfg
1 (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
2 Sec. 2310-350. Penny Severns Breast and Cervical Cancer
3 Research Fund. From funds appropriated from the Penny
4 Severns Breast and Cervical Cancer Research Fund, the
5 Department shall award grants to eligible physicians,
6 hospitals, laboratories, education institutions, and other
7 organizations and persons to enable organizations and persons
8 to conduct research. For the purposes of this Section,
9 "research" includes, but is not limited to, expenditures to
10 develop and advance the understanding, techniques, and
11 modalities effective in early detection, prevention, cure,
12 screening, and treatment of breast and cervical cancer and
13 may include clinical trials.
14 Moneys received for the purposes of this Section,
15 including but not limited to income tax checkoff receipts and
16 gifts, grants, and awards from private foundations, nonprofit
17 organizations, other governmental entities, and persons shall
18 be deposited into the Penny Severns Breast and Cervical
19 Cancer Research Fund, which is hereby created as a special
20 fund in the State treasury.
21 The Department shall create an advisory committee with
22 members from, but not limited to, the Illinois Chapter of the
23 American Cancer Society, Y-Me, the Susan G. Komen Foundation,
24 and the State Board of Health for the purpose of awarding
25 research grants under this Section. Members of the advisory
26 committee shall not be eligible for any financial
27 compensation or reimbursement.
28 (Source: P.A. 91-107, eff. 7-13-99; 91-239, eff. 1-1-00;
29 revised 8-6-99.)
30 (20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91)
31 Sec. 2310-351. 55.91. Ovarian cancer; Cancer Information
32 Service. The Department of Public Health, in cooperation
33 with the Cancer Information Service, shall promote the
-115- LRB9203186EGfg
1 services of the Cancer Information Service in relation to
2 ovarian cancer.
3 (Source: P.A. 91-108, eff. 7-13-99; revised 8-6-99.)
4 (20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76)
5 Sec. 2310-370. Heart Disease Treatment and Prevention
6 Fund; grants. From funds appropriated from the Heart Disease
7 Treatment and Prevention Fund, a special fund created in the
8 State treasury, the Department shall make grants to public
9 and private agencies for the purposes of funding (i) research
10 into causes, prevention, and treatment of heart disease and
11 (ii) public education relating to treatment and prevention of
12 heart disease within the State of Illinois.
13 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
14 revised 8-6-99.)
15 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
16 Sec. 2310-397. Prostate and testicular cancer program.
17 (a) The Department, subject to appropriation or other
18 available funding, shall conduct a program to promote
19 awareness and early detection of prostate and testicular
20 cancer. The program may include, but need not be limited to:
21 (1) Dissemination of information regarding the
22 incidence of prostate and testicular cancer, the risk
23 factors associated with prostate and testicular cancer,
24 and the benefits of early detection and treatment.
25 (2) Promotion of information and counseling about
26 treatment options.
27 (3) Establishment and promotion of referral
28 services and screening programs.
29 (b) Subject to appropriation or other available funding,
30 a Prostate Cancer Screening Program shall be established in
31 the Department of Public Health.
32 (1) The Program shall apply to the following persons
-116- LRB9203186EGfg
1 and entities:
2 (A) uninsured and underinsured men 50 years of
3 age and older;
4 (B) uninsured and underinsured men between 40
5 and 50 years of age who are at high risk for
6 prostate cancer, upon the advice of a physician or
7 upon the request of the patient; and
8 (C) non-profit organizations providing
9 assistance to persons described in subparagraphs (A)
10 and (B).
11 (2) Any entity funded by the Program shall
12 coordinate with other local providers of prostate cancer
13 screening, diagnostic, follow-up, education, and advocacy
14 services to avoid duplication of effort. Any entity
15 funded by the Program shall comply with any applicable
16 State and federal standards regarding prostate cancer
17 screening.
18 (3) Administrative costs of the Department shall
19 not exceed 10% of the funds allocated to the Program.
20 Indirect costs of the entities funded by this Program
21 shall not exceed 12%. The Department shall define
22 "indirect costs" in accordance with applicable State and
23 federal law.
24 (4) Any entity funded by the Program shall collect
25 data and maintain records that are determined by the
26 Department to be necessary to facilitate the Department's
27 ability to monitor and evaluate the effectiveness of the
28 entities and the Program. Commencing with the Program's
29 second year of operation, the Department shall submit an
30 Annual Report to the General Assembly and the Governor.
31 The report shall describe the activities and
32 effectiveness of the Program and shall include, but not
33 be limited to, the following types of information
34 regarding those served by the Program:
-117- LRB9203186EGfg
1 (A) the number;
2 (B) the ethnic, geographic, and age breakdown;
3 (C) the stages of presentation; and
4 (D) the diagnostic and treatment status.
5 (5) The Department or any entity funded by the
6 Program shall collect personal and medical information
7 necessary to administer the Program from any individual
8 applying for services under the Program. The
9 information shall be confidential and shall not be
10 disclosed other than for purposes directly connected with
11 the administration of the Program or except as otherwise
12 provided by law or pursuant to prior written consent of
13 the subject of the information.
14 (6) The Department or any entity funded by the
15 program may disclose the confidential information to
16 medical personnel and fiscal intermediaries of the State
17 to the extent necessary to administer the Program, and to
18 other State public health agencies or medical researchers
19 if the confidential information is necessary to carry out
20 the duties of those agencies or researchers in the
21 investigation, control, or surveillance of prostate
22 cancer.
23 (c) The Department shall adopt rules to implement the
24 Prostate Cancer Screening Program in accordance with the
25 Illinois Administrative Procedure Act.
26 (Source: P.A. 90-599, eff. 1-1-99; 91-109, eff. 1-1-00;
27 91-239, eff. 1-1-00; revised 8-6-99.)
28 (20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91)
29 Sec. 2310-398. 55.91. Prostate Cancer Research Fund;
30 grants. From funds appropriated from the Prostate Cancer
31 Research Fund, a special fund created in the State treasury,
32 the Department of Public Health shall make grants to public
33 or private entities in Illinois, which may include the Lurie
-118- LRB9203186EGfg
1 Comprehensive Cancer Center at the Northwestern University
2 Medical School and the Kellogg Cancer Care Center at
3 Evanston/Glenbrook Hospitals, for the purpose of funding
4 research applicable to prostate cancer patients. The grant
5 funds may not be used for institutional overhead costs,
6 indirect costs, other organizational levies, or costs of
7 community-based support services.
8 (Source: P.A. 91-104, eff. 7-13-99; revised 8-6-99.)
9 (20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69)
10 Sec. 2310-430. Women's health issues.
11 (a) The Department shall designate a member of its staff
12 to handle women's health issues not currently or adequately
13 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 (5) Providing information to the members of the
28 public, patients, and health care providers regarding
29 women's gynecological cancers, including but not limited
30 to the signs and symptoms, risk factors, the benefits of
31 early detection through appropriate diagnostic testing,
32 and treatment options.
33 (6) Publishing the health care summary required
-119- LRB9203186EGfg
1 under Section 2310-425 55.66 of this Act.
2 (c) The information provided under item (5) of
3 subsection (b) of this Section may include, but is not
4 limited to, the following:
5 (1) Educational and informational materials in
6 print, audio, video, electronic, or other media.
7 (2) Public service announcements and
8 advertisements.
9 (3) The health care summary required under Section
10 2310-425 55.66 of this Act.
11 The Department may develop or contract with others to
12 develop, as the Director deems appropriate, the materials
13 described in this subsection (c) or may survey available
14 publications from, among other sources, the National Cancer
15 Institute and the American Cancer Society. The staff person
16 designated under this Section shall collect the materials,
17 formulate a distribution plan, and disseminate the materials
18 according to the plan. These materials shall be made
19 available to the public free of charge.
20 In exercising its powers under this subsection (c), the
21 Department shall consult with appropriate health care
22 professionals and providers, patients, and organizations
23 representing health care professionals and providers and
24 patients.
25 (Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00;
26 revised 8-6-99.)
27 (20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a)
28 Sec. 2310-537. 55.75a. Review of inspection programs.
29 The Department of Public Health shall, utilizing the
30 expertise and membership of the Hospital Licensing Board
31 created pursuant to Section 10 of the Hospital Licensing Act,
32 conduct a review of the hospital inspection programs of the
33 Department under the Hospital Licensing Act and any other
-120- LRB9203186EGfg
1 hospital program operated by the Department. The required
2 review should include (i) a study of the basis for, and
3 establishment of, standards by the various entities who
4 regulate hospitals; (ii) the survey activities of any other
5 public or private agency inspecting hospitals; and (iii) the
6 interpretation and application of the adopted standards by
7 each of the entities.
8 The Department shall issue a report of the review and any
9 recommendations regarding the feasibility of development of a
10 consolidated or consistent set of regulations among the
11 various entities. The Department shall seek the input and
12 participation of the various federal and private
13 organizations that establish standards for hospitals. A
14 report shall be issued to the Governor and the General
15 Assembly by July 1, 2000.
16 (Source: P.A. 91-154, eff. 7-16-99; revised 8-6-99.)
17 Section 21. The Disabled Persons Rehabilitation Act is
18 amended by changing Section 12a as follows:
19 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
20 Sec. 12a. Centers for independent living.
21 (a) Purpose. Recognizing that persons with significant
22 disabilities deserve a high quality of life within their
23 communities regardless of their disabilities, the Department,
24 working with the Statewide Independent Living Council, shall
25 develop a State plan for submission on an annual basis to the
26 Commissioner. The Department shall adopt rules for
27 implementing the State plan in accordance with the federal
28 Act, including rules adopted under the federal Act governing
29 the award of grants.
30 (b) Definitions. As used in this Section, unless the
31 context clearly requires otherwise:
32 "Federal Act" means the federal Rehabilitation Act of
-121- LRB9203186EGfg
1 1973, as amended.
2 "Center for independent living" means a consumer
3 controlled, community based, cross-disability,
4 non-residential, private non-profit agency that is designated
5 and operated within a local community by individuals with
6 disabilities and provides an array of independent living
7 services.
8 "Consumer controlled" means that the center for
9 independent living vests power and authority in individuals
10 with disabilities and that at least 51% of the directors of
11 the center are persons with one or more disabilities as
12 defined by this Act.
13 "Commissioner" means the Commissioner of the
14 Rehabilitation Services Administration in the United States
15 Department of Education.
16 "Council" means the Statewide Independent Living Council
17 appointed under subsection (d).
18 "Individual with a disability" means any individual who
19 has a physical or mental impairment that substantially limits
20 a major life activity, has a record of such an impairment, or
21 is regarded as having such an impairment.
22 "Individual with a significant disability" means an
23 individual with a significant physical or mental impairment,
24 whose ability to function independently in the family or
25 community or whose ability to obtain, maintain, or advance in
26 employment is substantially limited and for whom the delivery
27 of independent living services will improve the ability to
28 function, continue functioning, or move toward functioning
29 independently in the family or community or to continue in
30 employment.
31 "State plan" means the materials submitted by the
32 Department to the Commissioner on an annual basis that
33 contain the State's proposal for:
34 (1) The provision of statewide independent living
-122- LRB9203186EGfg
1 services.
2 (2) The development and support of a statewide
3 network of centers for independent living.
4 (3) Working relationships between (i) programs
5 providing independent living services and independent
6 living centers and (ii) the vocational rehabilitation
7 program administered by the Department under the federal
8 Act and other programs providing services for individuals
9 with disabilities.
10 (c) Authority. The unit of the Department headed by the
11 vocational rehabilitation administrator shall be designated
12 the State unit under Title VII of the federal Act and shall
13 have the following responsibilities:
14 (1) To receive, account for, and disburse funds
15 received by the State under the federal Act based on the
16 State plan.
17 (2) To provide administrative support services to
18 centers for independent living programs.
19 (3) To keep records, and take such actions with
20 respect to those records, as the Commissioner finds to be
21 necessary with respect to the programs.
22 (4) To submit additional information or provide
23 assurances the Commissioner may require with respect to
24 the programs.
25 The vocational rehabilitation administrator and the
26 Chairperson of the Council are responsible for jointly
27 developing and signing the State plan required by Section 704
28 of the federal Act. The State plan shall conform to the
29 requirements of Section 704 of the federal Act.
30 (d) Statewide Independent Living Council.
31 The Governor shall appoint a Statewide Independent Living
32 Council, comprised of 18 members, which shall be established
33 as an entity separate and distinct from the Department. The
34 composition of the Council shall include the following:
-123- LRB9203186EGfg
1 (1) At least one director of a center for
2 independent living chosen by the directors of centers for
3 independent living within the State.
4 (2) A representative from the unit of the
5 Department of Human Services responsible for the
6 administration of the vocational rehabilitation program
7 and a representative from another unit in the Department
8 of Human Services that provides services for individuals
9 with disabilities and a representative each from the
10 Department on Aging, the State Board of Education, and
11 the Department of Children and Family Services, all as
12 ex-officio, non-voting members who shall not be counted
13 in the 18 members appointed by the Governor.
14 In addition, the Council may include the following:
15 (A) One or more representatives of centers for
16 independent living.
17 (B) One or more parents or guardians of individuals
18 with disabilities.
19 (C) One or more advocates for individuals with
20 disabilities.
21 (D) One or more representatives of private
22 business.
23 (E) One or more representatives of organizations
24 that provide services for individuals with disabilities.
25 (F) Other appropriate individuals.
26 After soliciting recommendations from organizations
27 representing a broad range of individuals with disabilities
28 and organizations interested in individuals with
29 disabilities, the Governor shall appoint members of the
30 Council for terms beginning July 1, 1993. The Council shall
31 be composed of members (i) who provide statewide
32 representation; (ii) who represent a broad range of
33 individuals with disabilities from diverse backgrounds; (iii)
34 who are knowledgeable about centers for independent living
-124- LRB9203186EGfg
1 and independent living services; and (iv) a majority of whom
2 are persons who are individuals with disabilities and are not
3 employed by any State agency or center for independent
4 living.
5 The council shall elect a chairperson from among its
6 voting membership.
7 Each member of the Council shall serve for terms of 3
8 years, except that (i) a member appointed to fill a vacancy
9 occurring before the expiration of the term for which the
10 predecessor was appointed shall be appointed for the
11 remainder of that term and (ii) terms of the members
12 initially appointed after the effective date of this
13 amendatory Act of 1993 shall be as follows: 6 of the initial
14 members shall be appointed for terms of one year, 6 shall be
15 appointed for terms of 2 years, and 6 shall be appointed for
16 terms of 3 years. No member of the council may serve more
17 than 2 consecutive full terms.
18 Appointments to fill vacancies in unexpired terms and new
19 terms shall be filled by the Governor or by the Council if
20 the Governor delegates that power to the Council by executive
21 order. The vacancy shall not affect the power of the
22 remaining members to execute the powers and duties of the
23 Council. The Council shall have the duties enumerated in
24 subsections (c), (d), and (e) of Section 705 of the federal
25 Act.
26 Members shall be reimbursed for their actual expenses
27 incurred in the performance of their duties, including
28 expenses for travel, child care, and personal assistance
29 services, and a member who is not employed or who must
30 forfeit wages from other employment shall be paid reasonable
31 compensation for each day the member is engaged in performing
32 the duties of the Council. The reimbursement or compensation
33 shall be paid from moneys made available to the Department
34 under Part B of Title VII of the federal Act.
-125- LRB9203186EGfg
1 In addition to the powers and duties granted to advisory
2 boards by Section 5-505 of the Departments of State
3 Government Law (20 ILCS 5/5-505), the Council shall have the
4 authority to appoint jointly with the vocational
5 rehabilitation administrator a peer review committee to
6 consider and make recommendations for grants to eligible
7 centers for independent living.
8 (e) Grants to centers for independent living. Each
9 center for independent living that receives assistance from
10 the Department under this Section shall comply with the
11 standards and provide and comply with the assurances that are
12 set forth in the State plan and consistent with Section 725
13 of the federal Act. Each center for independent living
14 receiving financial assistance from the Department shall
15 provide satisfactory assurances at the time and in the manner
16 the vocational rehabilitation administrator requires.
17 Beginning October 1, 1994, the vocational rehabilitation
18 administrator may award grants to any eligible center for
19 independent living that is receiving funds under Title VII of
20 the federal Act, unless the vocational rehabilitation
21 administrator makes a finding that the center for independent
22 living fails to comply with the standards and assurances set
23 forth in Section 725 of the federal Act.
24 If there is no center for independent living serving a
25 region of the State or the region is underserved, and the
26 State receives a federal increase in its allotment sufficient
27 to support one or more additional centers for independent
28 living in the State, the vocational rehabilitation
29 administrator may award a grant under this subsection to one
30 or more eligible agencies, consistent with the provisions of
31 the State plan setting forth the design of the State for
32 establishing a statewide network for centers for independent
33 living.
34 In selecting from among eligible agencies in awarding a
-126- LRB9203186EGfg
1 grant under this subsection for a new center for independent
2 living, the vocational rehabilitation administrator and the
3 chairperson of (or other individual designated by) the
4 Council acting on behalf of and at the direction of the
5 Council shall jointly appoint a peer review committee that
6 shall rank applications in accordance with the standards and
7 assurances set forth in Section 725 of the federal Act and
8 criteria jointly established by the vocational rehabilitation
9 administrator and the chairperson or designated individual.
10 The peer review committee shall consider the ability of the
11 applicant to operate a center for independent living and
12 shall recommend an applicant to receive a grant under this
13 subsection based on the following:
14 (1) Evidence of the need for a center for
15 independent living, consistent with the State plan.
16 (2) Any past performance of the applicant in
17 providing services comparable to independent living
18 services.
19 (3) The applicant's plan for complying with, or
20 demonstrated success in complying with, the standards and
21 assurances set forth in Section 725 of the federal Act.
22 (4) The quality of key personnel of the applicant
23 and the involvement of individuals with significant
24 disabilities by the applicant.
25 (5) The budgets and cost effectiveness of the
26 applicant.
27 (6) The evaluation plan of the applicant.
28 (7) The ability of the applicant to carry out the
29 plan.
30 The vocational rehabilitation administrator shall award
31 the grant on the basis of the recommendation of the peer
32 review committee if the actions of the committee are
33 consistent with federal and State law.
34 (f) Evaluation and review. The vocational
-127- LRB9203186EGfg
1 rehabilitation administrator shall periodically review each
2 center for independent living that receives funds from the
3 Department under Title VII of the federal Act, or moneys
4 appropriated from the General Revenue Fund, to determine
5 whether the center is in compliance with the standards and
6 assurances set forth in Section 725 of the federal Act. If
7 the vocational rehabilitation administrator determines that
8 any center receiving those federal or State funds is not in
9 compliance with the standards and assurances set forth in
10 Section 725, the vocational rehabilitation administrator
11 shall immediately notify the center that it is out of
12 compliance. The vocational rehabilitation administrator
13 shall terminate all funds to that center 90 days after the
14 date of notification or, in the case of a center that
15 requests an appeal, the date of any final decision, unless
16 the center submits a plan to achieve compliance within 90
17 days and that plan is approved by the vocational
18 rehabilitation administrator or (if on appeal) by the
19 Commissioner.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
21 90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff.
22 1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.)
23 Section 22. The Department of Revenue Law of the Civil
24 Administrative Code of Illinois is amended by changing
25 Section 2505-65 as follows:
26 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
27 Sec. 2505-65. Exchange of information.
28 (a) The Department has the power to exchange with any
29 state, with any local subdivisions of any state, or with the
30 federal government, except when specifically prohibited by
31 law, any information that may be necessary to efficient tax
32 administration and that may be acquired as a result of the
-128- LRB9203186EGfg
1 administration of the laws set forth in the Sections
2 following Section 95-10 and preceding Section 2505-60.
3 (b) The Department has the power to exchange with the
4 Illinois Department of Public Aid information that may be
5 necessary for the enforcement of child support orders entered
6 pursuant to the Illinois Public Aid Code, the Illinois
7 Marriage and Dissolution of Marriage Act, the Non-Support of
8 Spouse and Children Act, the Non-Support Punishment Act, the
9 Revised Uniform Reciprocal Enforcement of Support Act, the
10 Uniform Interstate Family Support Act, or the Illinois
11 Parentage Act of 1984. Notwithstanding any provisions in this
12 Code to the contrary, the Department of Revenue shall not be
13 liable to any person for any disclosure of information to the
14 Illinois Department of Public Aid under this subsection (b)
15 or for any other action taken in good faith to comply with
16 the requirements of this subsection (b).
17 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
18 91-613, eff. 10-1-99; revised 8-5-99.)
19 Section 23. The Department of State Police Law of the
20 Civil Administrative Code of Illinois is amended by changing
21 and resectioning material added to Section 55a as follows:
22 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
23 Sec. 2605-302. Arrest reports.
24 (a) 5.5. Provide, When an individual is arrested, that
25 the following information must be made available to the news
26 media for inspection and copying:
27 (1) (a) Information that identifies the individual
28 person, including the name, age, address, and photograph,
29 when and if available.
30 (2) (b) Information detailing any charges relating
31 to the arrest.
32 (3) (c) The time and location of the arrest.
-129- LRB9203186EGfg
1 (4) (d) The name of the investigating or arresting
2 law enforcement agency.
3 (5) (e) If the individual is incarcerated, the
4 amount of any bail or bond.
5 (6) (f) If the individual is incarcerated, the time
6 and date that the individual was received, discharged, or
7 transferred from the arresting agency's custody.
8 (b) (1) The information required by this Section
9 paragraph must be made available to the news media for
10 inspection and copying as soon as practicable, but in no
11 event shall the time period exceed 72 hours from the arrest.
12 The information described in items (3), (4), (5), and (6) of
13 subsection (a) subparagraphs (c), (d), (e), and (f) of this
14 paragraph, however, may be withheld if it is determined that
15 disclosure would (i) interfere with pending or actually and
16 reasonably contemplated law enforcement proceedings conducted
17 by any law enforcement or correctional agency; (ii) endanger
18 the life or physical safety of law enforcement or
19 correctional personnel or any other person; or (iii)
20 compromise the security of any correctional facility.
21 (c) (2) For the purposes of this Section paragraph, the
22 term "news media" means personnel of a newspaper or other
23 periodical issued at regular intervals, a news service, a
24 radio station, a television station, a community antenna
25 television service, or a person or corporation engaged in
26 making news reels or other motion picture news for public
27 showing.
28 (d) (3) Each law enforcement or correctional agency may
29 charge fees for arrest records, but in no instance may the
30 fee exceed the actual cost of copying and reproduction. The
31 fees may not include the cost of the labor used to reproduce
32 the arrest record.
33 (e) (4) The provisions of this Section paragraph do not
34 supersede the confidentiality provisions for arrest records
-130- LRB9203186EGfg
1 of the Juvenile Court Act of 1987.
2 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
3 (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
4 Sec. 2605-330. Firefighter background investigations.
5 37. Upon the request of the chief of a volunteer fire
6 department, the Department shall conduct criminal background
7 investigations of prospective firefighters and report to the
8 requesting chief any record of convictions maintained in the
9 Department's files about those persons. The Department may
10 charge a fee, based on actual costs, for the dissemination of
11 conviction information under this Section paragraph. The
12 Department may prescribe the form and manner for requesting
13 and furnishing conviction information under this Section
14 paragraph.
15 (Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.)
16 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
17 Sec. 2605-475. Wireless Emergency Telephone Safety Act.
18 37. To exercise the powers and perform the duties
19 specifically assigned to the Department under the Wireless
20 Emergency Telephone Safety Act with respect to the
21 development and improvement of emergency communications
22 procedures and facilities in such a manner as to facilitate a
23 quick response to any person calling the number "9-1-1"
24 seeking police, fire, medical, or other emergency services
25 through a wireless carrier as defined in Section 10 of the
26 Wireless Emergency Telephone Safety Act. Nothing in the
27 Wireless Emergency Telephone Safety Act shall require the
28 Illinois State Police to provide wireless enhanced 9-1-1
29 services.
30 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
31 Section 24. The Criminal Identification Act is amended
-131- LRB9203186EGfg
1 by changing Section 3 as follows:
2 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
3 Sec. 3. Information to be furnished peace officers and
4 commanding officers of certain military installations in
5 Illinois.
6 (A) The Department shall file or cause to be filed all
7 plates, photographs, outline pictures, measurements,
8 descriptions and information which shall be received by it by
9 virtue of its office and shall make a complete and systematic
10 record and index of the same, providing thereby a method of
11 convenient reference and comparison. The Department shall
12 furnish, upon application, all information pertaining to the
13 identification of any person or persons, a plate, photograph,
14 outline picture, description, measurements, or any data of
15 which there is a record in its office. Such information shall
16 be furnished to peace officers of the United States, of other
17 states or territories, of the Insular possessions of the
18 United States, of foreign countries duly authorized to
19 receive the same, to all peace officers of the State of
20 Illinois, to investigators of the Illinois Law Enforcement
21 Training Standards Board and, conviction information only, to
22 units of local government, school districts and private
23 organizations, under the provisions of Section 2605-10,
24 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
25 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
26 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305,
27 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355,
28 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
29 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550
30 of the Department of State Police Law (20 ILCS 2605/2605-10,
31 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
32 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
33 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
-132- LRB9203186EGfg
1 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
2 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
3 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
4 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
5 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
6 2605/2605-435, 2605/2605-500, 2605/2605-525, or
7 2605/2605-550). Applications shall be in writing and
8 accompanied by a certificate, signed by the peace officer or
9 chief administrative officer or his designee making such
10 application, to the effect that the information applied for
11 is necessary in the interest of and will be used solely in
12 the due administration of the criminal laws or for the
13 purpose of evaluating the qualifications and character of
14 employees, prospective employees, volunteers, or prospective
15 volunteers of units of local government, school districts,
16 and private organizations.
17 For the purposes of this subsection, "chief
18 administrative officer" is defined as follows:
19 a) The city manager of a city or, if a city does
20 not employ a city manager, the mayor of the city.
21 b) The manager of a village or, if a village does
22 not employ a manager, the president of the village.
23 c) The chairman or president of a county board or,
24 if a county has adopted the county executive form of
25 government, the chief executive officer of the county.
26 d) The president of the school board of a school
27 district.
28 e) The supervisor of a township.
29 f) The official granted general administrative
30 control of a special district, an authority, or
31 organization of government establishment by law which may
32 issue obligations and which either may levy a property
33 tax or may expend funds of the district, authority, or
34 organization independently of any parent unit of
-133- LRB9203186EGfg
1 government.
2 g) The executive officer granted general
3 administrative control of a private organization defined
4 in Section 2605-335 of the Department of State Police Law
5 (20 ILCS 2605/2605-335).
6 (B) Upon written application and payment of fees
7 authorized by this subsection, State agencies and units of
8 local government, not including school districts, are
9 authorized to submit fingerprints of employees, prospective
10 employees and license applicants to the Department for the
11 purpose of obtaining conviction information maintained by the
12 Department and the Federal Bureau of Investigation about such
13 persons. The Department shall submit such fingerprints to
14 the Federal Bureau of Investigation on behalf of such
15 agencies and units of local government. The Department shall
16 charge an application fee, based on actual costs, for the
17 dissemination of conviction information pursuant to this
18 subsection. The Department is empowered to establish this
19 fee and shall prescribe the form and manner for requesting
20 and furnishing conviction information pursuant to this
21 subsection.
22 (C) Upon payment of fees authorized by this subsection,
23 the Department shall furnish to the commanding officer of a
24 military installation in Illinois having an arms storage
25 facility, upon written request of such commanding officer or
26 his designee, and in the form and manner prescribed by the
27 Department, all criminal history record information
28 pertaining to any individual seeking access to such a storage
29 facility, where such information is sought pursuant to a
30 federally-mandated security or criminal history check.
31 The Department shall establish and charge a fee, not to
32 exceed actual costs, for providing information pursuant to
33 this subsection.
34 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00;
-134- LRB9203186EGfg
1 revised 10-12-99.)
2 Section 25. The Department of Transportation Law of the
3 Civil Administrative Code of Illinois is amended by changing
4 Section 2705-200 as follows:
5 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
6 Sec. 2705-200. Master plan; reporting requirements.
7 (a) The Department has the power to develop and maintain
8 a continuing, comprehensive, and integrated planning process
9 that shall develop and periodically revise a statewide master
10 plan for transportation to guide program development and to
11 foster efficient and economical transportation services in
12 ground, air, water, and all other modes of transportation
13 throughout the State. The Department shall coordinate its
14 transportation planning activities with those of other State
15 agencies and authorities and shall supervise and review any
16 transportation planning performed by other Executive agencies
17 under the direction of the Governor. The Department shall
18 cooperate and participate with federal, regional, interstate,
19 State, and local agencies, in accordance with Sections 5-301
20 and 7-301 of the Illinois Highway Code, and with interested
21 private individuals and organizations in the coordination of
22 plans and policies for development of the state's
23 transportation system.
24 To meet the provisions of this Section, the Department
25 shall publish and deliver to the Governor and General
26 Assembly by January 1, 1982 and every 2 years thereafter, its
27 master plan for highway, waterway, aeronautic, mass
28 transportation, and railroad systems. The plan shall
29 identify priority subsystems or components of each system
30 that are critical to the economic and general welfare of this
31 the State regardless of public jurisdictional responsibility
32 or private ownership.
-135- LRB9203186EGfg
1 The master plan shall provide particular emphasis and
2 detail of the 5 year period in the immediate future.
3 Annual and 5 year project programs for each State system
4 in this Section shall be published and furnished the General
5 Assembly on the first Wednesday in April of each year.
6 Identified needs included in the project programs shall
7 be listed and mapped in a distinctive fashion to clearly
8 identify the priority status of the projects: (1) projects to
9 be committed for execution; (2) tentative projects that are
10 dependent upon funding or other constraints; and (3) needed
11 projects that are not programmed due to lack of funding or
12 other constraints.
13 All projects shall be related to the priority systems of
14 the master plan, and the priority criteria identified. Cost
15 and estimated completion dates shall be included for work
16 required to complete a useable segment or component beyond
17 the 5 year period of the program.
18 (b) The Department shall publish and deliver to the
19 Governor and General Assembly on the first Wednesday in April
20 of each year a 5-year Highway Improvement Program reporting
21 the number of fiscal years each project has been on previous
22 5-year plans submitted by the Department.
23 (c) The Department shall publish and deliver to the
24 Governor and the General Assembly by November 1 of each year
25 a For the Record report that shall include the following:
26 (1) All the projects accomplished in the previous
27 fiscal year listed by each Illinois Department of
28 Transportation District.
29 (2) The award cost and the beginning dates of each
30 listed project.
31 (Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00;
32 91-357, eff. 7-29-99; revised 8-12-99.)
33 Section 25.5. The Illinois Capital Budget Act is amended
-136- LRB9203186EGfg
1 by changing Section 3 as follows:
2 (20 ILCS 3010/3) (from Ch. 127, par. 3103)
3 Sec. 3. Each capital improvement program shall include,
4 but not be limited to, roads, bridges, buildings, including
5 schools, prisons, recreational facilities and conservation
6 areas, and other infrastructure facilities that are owned by
7 the State of Illinois.
8 Each capital improvement program shall include a needs
9 assessment of the State's capital facilities. Each needs
10 assessment shall include where possible the inventory, age,
11 condition, use, sources of financing, past investment,
12 maintenance history, trends in condition, financing and
13 investment, and projected dollar amount of need in the next 5
14 years, 10 ten years, and until the year 2000. Needs
15 assessment of State facilities shall use, to the fullest
16 extent possible, existing studies and data from other
17 agencies such as the Illinois Department of Transportation,
18 the Illinois Environmental Protection Agency, the Illinois
19 Economic and Fiscal Commission, the Capital Development
20 Board, the Governor's Task Force on the Future of Illinois,
21 and relevant federal agencies, so that studies can be
22 completed as efficiently as possible, and so information on
23 needs can be used to seek federal funds as soon as possible.
24 Each capital improvement program shall include an
25 identification and analysis of factors that affect estimated
26 capital investment needs, including but not limited to,
27 economic assumptions, engineering standards, estimates of
28 spending for operations and maintenance, federal and State
29 regulations, and estimation of demand for services.
30 Each capital improvement program shall include an
31 identification and analysis of the principal principle policy
32 issues that affect estimated capital investment needs,
33 including but not limited to, economic development policy,
-137- LRB9203186EGfg
1 equity considerations, policies regarding alternative
2 technologies, political jurisdiction over different
3 infrastructure systems, and the role of the private sector in
4 planning for and investing in infrastructure.
5 (Source: P.A. 84-838; revised 9-22-00.)
6 Section 26. The Capital Development Board Act is amended
7 by changing Section 16 as follows:
8 (20 ILCS 3105/16) (from Ch. 127, par. 783b)
9 Sec. 16. (a) In addition to any other power granted in
10 this Act to adopt rules or regulations, the Board may adopt
11 regulations or rules relating to the issuance or renewal of
12 the prequalification of an architect, engineer or contractor
13 or the suspension or modification of the prequalification of
14 any such person or entity including, without limitation, an
15 interim or emergency suspension or modification without a
16 hearing founded on any one or more of the bases set forth in
17 this Section.
18 (b) Among the bases for an interim or emergency
19 suspension or modification of prequalification are:
20 (1) A finding by the Board that the public interest,
21 safety or welfare requires a summary suspension or
22 modification of a prequalification without hearings.
23 (2) The occurrence of an event or series of events
24 which, in the Board's opinion, warrants a summary suspension
25 or modification of a prequalification without a hearing
26 including, without limitation, (i) the indictment of the
27 holder of the prequalification by a State or federal agency
28 or other branch of government for a crime; (ii) the
29 suspension or modification of a license or prequalification
30 by another State agency or federal agency or other branch of
31 government after hearings; (iii) a material breach of a
32 contract made between the Board and an architect, engineer or
-138- LRB9203186EGfg
1 contractor; and (iv) the failure to comply with State law
2 including, without limitation, the Minority and Female
3 Business Enterprise for Minorities, Females, and Persons with
4 Disabilities Act, the prevailing wage requirements, and the
5 Steel Products Procurement Act.
6 (c) If a prequalification is suspended or modified by
7 the Board without hearings for any reason set forth in this
8 Section or in Section 10-65 of the Illinois Administrative
9 Procedure Act, as amended, the Board shall within 30 days of
10 the issuance of an order of suspension or modification of a
11 prequalification initiate proceedings for the suspension or
12 modification of or other action upon the prequalification.
13 (Source: P.A. 88-45; revised 8-23-99.)
14 Section 26.2. The Illinois Emergency Management Agency
15 Act is amended by changing Section 10 as follows:
16 (20 ILCS 3305/10) (from Ch. 127, par. 1060)
17 Sec. 10. Emergency Services and Disaster Agencies.
18 (a) Each political subdivision within this State shall
19 be within the jurisdiction of and served by the Illinois
20 Emergency Management Agency and by an emergency services and
21 disaster agency responsible for emergency management
22 programs. A township, if the township is in a county having
23 a population of more than 2,000,000, must have approval of
24 the county coordinator before establishment of a township
25 emergency services and disaster agency.
26 (b) Each county shall maintain an emergency services and
27 disaster agency that has jurisdiction over and serves the
28 entire county, except as otherwise provided under this Act
29 and except that in any county with a population of over
30 3,000,000 containing a municipality with a population of over
31 500,000 the jurisdiction of the county agency shall not
32 extend to the municipality when the municipality has
-139- LRB9203186EGfg
1 established its own agency.
2 (c) Each municipality with a population of over 500,000
3 shall maintain an emergency services and disaster agency
4 which has jurisdiction over and serves the entire
5 municipality. A municipality with a population less than
6 500,000 may establish, by ordinance, an agency or department
7 responsible for emergency management within the
8 municipality's corporate limits.
9 (d) The Governor shall determine which municipal
10 corporations, other than those specified in paragraph (c) of
11 this Section, need emergency services and disaster agencies
12 of their own and require that they be established and
13 maintained. He shall make his determinations on the basis of
14 the municipality's disaster vulnerability and capability of
15 response related to population size and concentration. The
16 emergency services and disaster agency of a county or
17 township, shall not have a jurisdiction within a political
18 subdivision having its own emergency services and disaster
19 agency, but shall cooperate with the emergency services and
20 disaster agency of a city, village or incorporated town
21 within their borders. The Illinois Emergency Management
22 Agency shall publish and furnish a current list to the
23 municipalities required to have an emergency services and
24 disaster agency under this subsection.
25 (e) Each municipality that is not required to and does
26 not have an emergency services and disaster agency shall have
27 a liaison officer designated to facilitate the cooperation
28 and protection of that municipal corporation with the county
29 emergency services and disaster agency in which it is located
30 in the work of disaster mitigation, preparedness, response,
31 and recovery.
32 (f) The principal executive officer or his designee of
33 each political subdivision in the State shall annually notify
34 the Illinois Emergency Management Agency of the manner in
-140- LRB9203186EGfg
1 which the political subdivision is providing or securing
2 emergency management, identify the executive head of the
3 agency or the department from which the service is obtained,
4 or the liaison officer in accordance with paragraph (d) of
5 this Section and furnish additional information relating
6 thereto as the Illinois Emergency Management Agency requires.
7 (g) Each emergency services and disaster agency shall
8 prepare and submit to the Illinois Emergency Management
9 Agency for review and approval an emergency operations plan
10 for its geographic boundaries that complies with planning
11 standards developed by the Illinois Emergency Management
12 Agency. The Illinois Emergency Management Agency shall
13 determine which jurisdictions will be required to include
14 earthquake preparedness in their local emergency operations
15 plans.
16 (h) The emergency services and disaster agency shall
17 prepare and distribute to all appropriate officials in
18 written form a clear and complete statement of the emergency
19 responsibilities of all local departments and officials and
20 of the disaster chain of command.
21 (i) Each emergency services and disaster agency shall
22 have a Coordinator who shall be appointed by the principal
23 executive officer of the political subdivision in the same
24 manner as are the heads of regular governmental departments.
25 If the political subdivision is a county and the principal
26 executive officer appoints the sheriff as the Coordinator,
27 the sheriff may, in addition to his regular compensation,
28 receive compensation at the same level as provided in Section
29 3 of "An Act in relation to the regulation of motor vehicle
30 traffic and the promotion of safety on public highways in
31 counties", approved August 9, 1951, as amended. The
32 Coordinator shall have direct responsibility for the
33 organization, administration, training, and operation of the
34 emergency services and disaster agency, subject to the
-141- LRB9203186EGfg
1 direction and control of that principal executive officer.
2 Each emergency services and disaster agency shall coordinate
3 and may perform emergency management functions within the
4 territorial limits of the political subdivision within which
5 it is organized as are prescribed in and by the State
6 Emergency Operations Plan, and programs, orders, rules and
7 regulations as may be promulgated by the Illinois Emergency
8 Management Agency and by local ordinance and, in addition,
9 shall conduct such functions outside of those territorial
10 limits as may be required under mutual aid agreements and
11 compacts as are entered into under subparagraph (5) of
12 paragraph (c) of Section 6.
13 (j) In carrying out the provisions of this Act, each
14 political subdivision may enter into contracts and incur
15 obligations necessary to place it in a position effectively
16 to combat the disasters as are described in Section 4, to
17 protect the health and safety of persons, to protect
18 property, and to provide emergency assistance to victims of
19 those disasters. If a disaster occurs, each political
20 subdivision may exercise the powers vested under this Section
21 in the light of the exigencies of the disaster and, excepting
22 mandatory constitutional requirements, without regard to the
23 procedures and formalities normally prescribed by law
24 pertaining to the performance of public work, entering into
25 contracts, the incurring of obligations, the employment of
26 temporary workers, the rental of equipment, the purchase of
27 supplies and materials, and the appropriation, expenditure,
28 and disposition of public funds and property.
29 (k) Emergency services and disaster agency personnel
30 who, while engaged in a disaster or disaster training
31 exercise, suffer disease, injury or death, shall, for the
32 purposes of benefits under the Workers' Compensation Act or
33 Workers' Occupational Diseases Act only, be deemed to be
34 employees of the State, if (1) the claimant is a duly
-142- LRB9203186EGfg
1 qualified and enrolled (sworn in) as a volunteer of the
2 Illinois Emergency Management Agency or an emergency services
3 and disaster agency accredited by the Illinois Emergency
4 Management Agency, and (2) if the claimant was participating
5 in an actual disaster as defined in paragraph (e) of Section
6 4 of this Act or the exercise participated in was
7 specifically and expressly approved by the Illinois Emergency
8 Management Agency. Illinois Emergency Management Agency shall
9 use the same criteria for approving an exercise and utilizing
10 State volunteers as required for any political subdivision.
11 The computation of benefits payable under either of those
12 Acts shall be based on the income commensurate with
13 comparable State employees doing the same type work or income
14 from the person's regular employment, whichever is greater.
15 (l) If any person who is entitled to receive benefits
16 through the application of this Section receives, in
17 connection with the disease, injury or death giving rise to
18 such entitlement, benefits under an Act of Congress or
19 federal program, benefits payable under this Section shall be
20 reduced to the extent of the benefits received under that
21 other Act or program.
22 (m) (1) Prior to conducting a disaster training
23 exercise, the principal executive officer of a political
24 subdivision or his designee shall provide area media with
25 written notification of the disaster training exercise.
26 The notification shall indicate that information relating
27 to the disaster training exercise shall not be released
28 to the public until the commencement of the exercise. The
29 notification shall also contain a request that the notice
30 be so posted to ensure that all relevant media personnel
31 are advised of the disaster training exercise before it
32 begins.
33 (2) During the conduct of a disaster training
34 exercise, all messages, two-way radio communications,
-143- LRB9203186EGfg
1 briefings, status reports, news releases, and other oral
2 or written communications shall begin and end with the
3 following statement: "This is an exercise message".
4 (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.)
5 Section 26.4. The Illinois Research Park Authority Act
6 is amended by changing Section 1-130 as follows:
7 (20 ILCS 3850/1-130)
8 Sec. 1-130. Complete, additional, and alternative
9 methods. The foregoing Sections of this Act are deemed to
10 provide a complete, additional, and alternative methods for
11 the doing of the things authorized thereby and shall be
12 regarded as supplemental and additional to powers conferred
13 by other laws, provided that the issuance of bonds and
14 refunding bonds under this Act need not comply with the
15 requirements of any other law applicable to the issuance of
16 bonds. Except as otherwise expressly provided in this Act,
17 none of the powers granted to the Authority under this Act
18 shall be subject to the supervision or regulation or require
19 the approval or consent of any municipality or political
20 subdivision or any department, division, commission, board,
21 body, bureau, official, or agency thereof or of the State.
22 (Source: P.A. 88-669, eff. 11-29-94; revised 2-23-00.)
23 Section 26.6. The Correctional Budget and Impact Note
24 Act is amended by changing Sections 3 and 9 as follows:
25 (25 ILCS 70/3) (from Ch. 63, par. 42.83)
26 Sec. 3. Upon the request of the sponsor of any bill
27 described in subsection (a) of Section 2, the Director of the
28 Department of Corrections, or any person within the
29 Department whom the Director may designate, shall prepare a
30 written statement setting forth the information specified in
-144- LRB9203186EGfg
1 subsection (a) of Section 2. Upon the request of the sponsor
2 of any bill described in subsection (b) of Section 2, the
3 Director of the Administrative Office of the Illinois Courts,
4 or any person the Director may designate, shall prepare a
5 written statement setting forth the information specified in
6 subsection (b) of Section 2.
7 The statement prepared by the Director of Corrections or
8 Director of Administrative Office of the Illinois Courts, as
9 the case may be, shall be designated a Correctional Budget
10 and Impact Note and shall be furnished to the sponsor within
11 10 calendar days thereafter, except that whenever, because of
12 the complexity of the bill, additional time is required for
13 the preparation of the note, the Department of Corrections or
14 Administrative Office of the Illinois Courts may so notify
15 the sponsor and request an extension of time not to exceed 5
16 additional days within which such note is to be furnished.
17 Such extension shall not extend beyond May 15 following the
18 date of the request.
19 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.)
20 (25 ILCS 70/9) (from Ch. 63, par. 42.89)
21 Sec. 9. The subject matter of bills submitted to the
22 Director of the Department of Corrections or the Director of
23 the Administrative Office of the Illinois Courts shall be
24 kept in strict confidence and no information relating thereto
25 or relating to the budget or impact thereof shall be divulged
26 by an official or employee of the Department or the
27 Administrative Office of the Illinois Courts, except to the
28 bill's sponsor or his designee, prior to the bill's
29 introduction in the General Assembly.
30 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.)
31 Section 27. The State Finance Act is amended by changing
32 Section 6z-43 and setting forth, changing, and renumbering
-145- LRB9203186EGfg
1 multiple versions of Sections 5.490, 5.491, 5.492, 5.505,
2 5.540, 5.541, 5.542, and 8.36 as follows:
3 (30 ILCS 105/5.490)
4 Sec. 5.490. The Horse Racing Equity Fund.
5 (Source: P.A. 91-40, eff. 6-25-99.)
6 (30 ILCS 105/5.491)
7 Sec. 5.491. The Illinois Racing Quarterhorse Breeders
8 Fund.
9 (Source: P.A. 91-40, eff. 6-25-99.)
10 (30 ILCS 105/5.492)
11 Sec. 5.492. The Horse Racing Fund.
12 (Source: P.A. 91-40, eff. 6-25-99.)
13 (30 ILCS 105/5.493)
14 Sec. 5.493. 5.490. The Federal Workforce Development
15 Fund.
16 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
17 (30 ILCS 105/5.494)
18 Sec. 5.494. 5.491. The Energy Assistance Contribution
19 Fund.
20 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
21 (30 ILCS 105/5.497)
22 Sec. 5.497. 5.491. The Motor Vehicle License Plate Fund.
23 (Source: P.A. 91-37, eff. 7-1-99; revised 11-12-99.)
24 (30 ILCS 105/5.498)
25 Sec. 5.498. 5.490. The Fund for Illinois' Future.
26 (Source: P.A. 91-38, eff. 6-15-99; revised 11-12-99.)
-146- LRB9203186EGfg
1 (30 ILCS 105/5.499)
2 Sec. 5.499. 5.490. The Video Conferencing User Fund.
3 (Source: P.A. 91-44, eff. 7-1-99; revised 11-12-99.)
4 (30 ILCS 105/5.501)
5 Sec. 5.501. 5.505. The School Technology Revolving Loan
6 Fund.
7 (Source: P.A. 90-548, eff. 1-1-98; revised 12-18-99.)
8 (30 ILCS 105/5.502)
9 Sec. 5.502. 5.491. The Electronic Commerce Security
10 Certification Fund.
11 (Source: P.A. 91-58, eff. 7-1-99; revised 11-12-99.)
12 (30 ILCS 105/5.503)
13 Sec. 5.503. 5.490. The Prostate Cancer Research Fund.
14 (Source: P.A. 91-104, eff. 7-13-99; revised 11-12-99.)
15 (30 ILCS 105/5.504)
16 (Section scheduled to be repealed on July 16, 2003)
17 Sec. 5.504. 5.490. The State Board of Education Fund.
18 This Section is repealed 4 years after the effective date of
19 this amendatory Act of the 91st General Assembly.
20 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
21 (30 ILCS 105/5.505)
22 (Section scheduled to be repealed on July 16, 2003)
23 Sec. 5.505. 5.491. The State Board of Education Special
24 Purpose Trust Fund. This Section is repealed 4 years after
25 the effective date of this amendatory Act of the 91st General
26 Assembly.
27 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
28 (30 ILCS 105/5.506)
-147- LRB9203186EGfg
1 (Section scheduled to be repealed on July 16, 2003)
2 Sec. 5.506. 5.492. The Private Business and Vocational
3 Schools Fund. This Section is repealed 4 years after the
4 effective date of this amendatory Act of the 91st General
5 Assembly.
6 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
7 (30 ILCS 105/5.507)
8 Sec. 5.507. 5.490. The Open Lands Loan Fund.
9 (Source: P.A. 91-220, eff. 7-21-99; revised 11-12-99.)
10 (30 ILCS 105/5.508)
11 Sec. 5.508. 5.490. The Diesel Emissions Testing Fund.
12 (Source: P.A. 91-254, eff. 7-1-99; revised 11-12-99.)
13 (30 ILCS 105/5.509)
14 Sec. 5.509. 5.490. The Death Certificate Surcharge Fund.
15 (Source: P.A. 91-382, eff. 7-30-99; revised 11-12-99.)
16 (30 ILCS 105/5.510)
17 Sec. 5.510. 5.490. The Charter Schools Revolving Loan
18 Fund.
19 (Source: P.A. 91-407, eff. 8-3-99; revised 11-12-99.)
20 (30 ILCS 105/5.511)
21 Sec. 5.511. 5.490. The Illinois Adoption Registry and
22 Medical Information Exchange Fund.
23 (Source: P.A. 91-417, eff. 1-1-00; revised 11-12-99.)
24 (30 ILCS 105/5.512)
25 Sec. 5.512. 5.490. The Economic Development for a
26 Growing Economy Fund.
27 (Source: P.A. 91-476, eff. 8-11-99; revised 11-12-99.)
-148- LRB9203186EGfg
1 (30 ILCS 105/5.513)
2 Sec. 5.513. 5.490. The Illinois Aquaculture Development
3 Fund.
4 (Source: P.A. 91-530, eff. 8-13-99; revised 11-12-99.)
5 (30 ILCS 105/5.514)
6 Sec. 5.514. The 5.490. Motor Carrier Safety Inspection
7 Fund.
8 (Source: P.A. 91-537, eff. 8-13-99; revised 11-12-99.)
9 (30 ILCS 105/5.515)
10 Sec. 5.515. 5.490. The Airport Land Loan Revolving Fund.
11 (Source: P.A. 91-543, eff. 8-14-99; revised 11-12-99.)
12 (30 ILCS 105/5.516)
13 Sec. 5.516. 5.490. The Illinois Value-Added Agriculture
14 Enhancement Program Fund.
15 (Source: P.A. 91-560, eff. 8-14-99; revised 11-12-99.)
16 (30 ILCS 105/5.517)
17 Sec. 5.517. 5.490. The Illinois Building Commission
18 Revolving Fund.
19 (Source: P.A. 91-581, eff. 8-14-99; revised 11-12-99.)
20 (30 ILCS 105/5.518)
21 Sec. 5.518. The 5.490. Capital Litigation Trust Fund.
22 (Source: P.A. 91-589, eff. 1-1-00; revised 11-12-99.)
23 (30 ILCS 105/5.519)
24 Sec. 5.519. 5.490. The Small Business Incubator Fund.
25 (Source: P.A. 91-592, eff. 8-14-99; revised 11-12-99.)
26 (30 ILCS 105/5.520)
27 Sec. 5.520. 5.490. The Auction Regulation Administration
-149- LRB9203186EGfg
1 Fund.
2 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
3 (30 ILCS 105/5.521)
4 Sec. 5.521. 5.491. The Auction Recovery Fund.
5 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
6 (30 ILCS 105/5.522)
7 Sec. 5.522. 5.492. The Auction Education Fund.
8 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
9 (30 ILCS 105/5.523)
10 Sec. 5.523. 5.490. The International Tourism Fund.
11 (Source: P.A. 91-604, eff. 8-16-99; revised 11-12-99.)
12 (30 ILCS 105/5.524)
13 Sec. 5.524. 5.490. The NOx Trading System Fund.
14 (Source: P.A. 91-631, eff. 8-19-99; revised 11-12-99.)
15 (30 ILCS 105/5.525)
16 Sec. 5.525. The 5.490. John Joseph Kelly Home Fund.
17 (Source: P.A. 91-634, eff. 8-19-99; revised 11-12-99.)
18 (30 ILCS 105/5.526)
19 Sec. 5.526. 5.490. The Insurance Premium Tax Refund
20 Fund.
21 (Source: P.A. 91-643, eff. 8-20-99; revised 11-12-99.)
22 (30 ILCS 105/5.527)
23 Sec. 5.527. 5.490. The Assisted Living and Shared
24 Housing Regulatory Fund.
25 (Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.)
26 (30 ILCS 105/5.528)
-150- LRB9203186EGfg
1 Sec. 5.528. 5.490. The Academic Improvement Trust Fund
2 for Community College Foundations.
3 (Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.)
4 (30 ILCS 105/5.529)
5 Sec. 5.529. The 5.490. Wireless Service Emergency Fund.
6 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
7 (30 ILCS 105/5.530)
8 Sec. 5.530. The 5.491. State Police Wireless Service
9 Emergency Fund.
10 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
11 (30 ILCS 105/5.531)
12 Sec. 5.531. The 5.492. Wireless Carrier Reimbursement
13 Fund.
14 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
15 (30 ILCS 105/5.532)
16 Sec. 5.532. 5.541. The Spinal Cord Injury Paralysis Cure
17 Research Trust Fund.
18 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.)
19 (30 ILCS 105/5.533)
20 Sec. 5.533. 5.542. The Brain Injury and Spinal Cord
21 Injury Trust Fund.
22 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.)
23 (30 ILCS 105/5.534)
24 Sec. 5.534. 5.541. The Organ Donor Awareness Fund.
25 (Source: P.A. 91-805, eff. 1-1-01; revised 7-13-00.)
26 (30 ILCS 105/5.535)
27 Sec. 5.535. 5.540. The National World War II Memorial
-151- LRB9203186EGfg
1 Fund.
2 (Source: P.A. 91-833, eff. 1-1-01; 91-836, eff. 1-1-01;
3 revised 7-13-00.)
4 (30 ILCS 105/5.536)
5 Sec. 5.536. 5.541. The Post Transplant Maintenance and
6 Retention Fund.
7 (Source: P.A. 91-873, eff. 7-1-00; revised 7-13-00.)
8 (30 ILCS 105/5.540)
9 Sec. 5.540. The Tobacco Settlement Recovery Fund.
10 (Source: P.A. 91-646, eff. 11-19-99.)
11 (30 ILCS 105/5.541)
12 Sec. 5.541. The Homeowners' Tax Relief Fund.
13 (Source: P.A. 91-703, eff. 5-16-00.)
14 (30 ILCS 105/5.542)
15 Sec. 5.542. The Budget Stabilization Fund.
16 (Source: P.A. 91-703, eff. 5-16-00.)
17 (30 ILCS 105/6z-43)
18 Sec. 6z-43. Tobacco Settlement Recovery Fund.
19 (a) There is created in the State Treasury a special
20 fund to be known as the Tobacco Settlement Recovery Fund,
21 into which shall be deposited all monies paid to the State
22 pursuant to (1) the Master Settlement Agreement entered in
23 the case of People of the State of Illinois v. Philip Morris,
24 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
25 any settlement with or judgment against any tobacco product
26 manufacturer other than one participating in the Master
27 Settlement Agreement in satisfaction of any released claim as
28 defined in the Master Settlement Agreement, as well as any
29 other monies as provided by law. All earnings on Fund
-152- LRB9203186EGfg
1 investments shall be deposited into the Fund. Upon the
2 creation of the Fund, the State Comptroller shall order the
3 State Treasurer to transfer into the Fund any monies paid to
4 the State as described in item (1) or (2) of this Section
5 before the creation of the Fund plus any interest earned on
6 the investment of those monies. The Treasurer may invest the
7 moneys in the Fund in the same manner, in the same types of
8 investments, and subject to the same limitations provided in
9 the Illinois Pension Code for the investment of pension funds
10 other than those established under Article 3 or 4 of the
11 Code.
12 (b) As soon as may be practical after June 30, 2001, the
13 State Comptroller shall direct and the State Treasurer shall
14 transfer the unencumbered balance in the Tobacco Settlement
15 Recovery Fund as of June 30, 2001 into the Budget
16 Stabilization Fund. The Treasurer may invest the moneys in
17 the Budget Stabilization Fund in the same manner, in the same
18 types of investments, and subject to the same limitations
19 provided in the Illinois Pension Code for the investment of
20 pension funds other than those established under Article 3 or
21 4 of the Code.
22 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00;
23 91-797, eff. 6-9-00; revised 6-28-00.)
24 (30 ILCS 105/8.36)
25 Sec. 8.36. Airport Land Loan Revolving Fund.
26 Appropriations for loans to public airport owners by the
27 Department of Transportation pursuant to Section 34b of the
28 Illinois Aeronautics Act shall be payable from the Airport
29 Land Loan Revolving Fund.
30 (Source: P.A. 91-543, eff. 8-14-99.)
31 (30 ILCS 105/8.37)
32 Sec. 8.37. 8.36. State Police Wireless Service Emergency
-153- LRB9203186EGfg
1 Fund.
2 (a) The State Police Wireless Service Emergency Fund is
3 created as a special fund in the State Treasury.
4 (b) Grants to the Department of State Police from the
5 Wireless Service Emergency Fund shall be deposited into the
6 State Police Wireless Service Emergency Fund and shall be
7 used in accordance with Section 20 of the Wireless Emergency
8 Telephone Safety Act.
9 (c) On July 1, 1999, the State Comptroller and State
10 Treasurer shall transfer $1,300,000 from the General Revenue
11 Fund to the State Police Wireless Service Emergency Fund. On
12 June 30, 2003 the State Comptroller and State Treasurer shall
13 transfer $1,300,000 from the State Police Wireless Service
14 Emergency Fund to the General Revenue Fund.
15 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
16 Section 28. The General Obligation Bond Act is amended
17 by changing Section 9 as follows:
18 (30 ILCS 330/9) (from Ch. 127, par. 659)
19 Sec. 9. Conditions for Issuance and Sale of Bonds -
20 Requirements for Bonds. Bonds shall be issued and sold from
21 time to time, in one or more series, in such amounts and at
22 such prices as may be directed by the Governor, upon
23 recommendation by the Director of the Bureau of the Budget.
24 Bonds shall be in such form (either coupon, registered or
25 book entry), in such denominations, payable within 30 years
26 from their date, subject to such terms of redemption with or
27 without premium, bear interest payable at such times and at
28 such fixed rate or rates, and the Bond Authorization Act be
29 dated as shall be fixed and determined by the Director of the
30 Bureau of the Budget in the order authorizing the issuance
31 and sale of any series of Bonds, which order shall be
32 approved by the Governor and is herein called a "Bond Sale
-154- LRB9203186EGfg
1 Order"; provided however, that interest shall not exceed that
2 permitted in the Bond Authorization Act, as now or hereafter
3 amended. Said Bonds shall be payable at such place or
4 places, within or without the State of Illinois, and may be
5 made registrable as to either principal or as to both
6 principal and interest, as shall be specified in the Bond
7 Sale Order. Bonds may be callable or subject to purchase and
8 retirement as fixed and determined in the Bond Sale Order.,
9 (Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99;
10 revised 8-23-99.)
11 Section 30. The Downstate Public Transportation Act is
12 amended by changing Section 2-7 as follows:
13 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
14 Sec. 2-7. Quarterly reports; annual audit.
15 (a) Any Metro-East Transit District participant shall,
16 no later than 30 days following the end of each month of any
17 fiscal year, file with the Department on forms provided by
18 the Department for that purpose, a report of the actual
19 operating deficit experienced during that quarter. The
20 Department shall, upon receipt of the quarterly report, and
21 upon determining that such operating deficits were incurred
22 in conformity with the program of proposed expenditures
23 approved by the Department pursuant to Section 2-11, pay to
24 any Metro-East Transit District participant such portion of
25 such operating deficit as funds have been transferred to the
26 Metro-East Transit Public Transportation Fund and allocated
27 to that Metro-East Transit District participant.
28 (b) Each participant other than any Metro-East Transit
29 District participant shall, 30 days before the end of each
30 quarter, file with the Department on forms provided by the
31 Department for such purposes a report of the projected
32 eligible operating expenses to be incurred in the next
-155- LRB9203186EGfg
1 quarter and 30 days before the third and fourth quarters of
2 any fiscal year a statement of actual eligible operating
3 expenses incurred in the preceding quarters. Within 45 days
4 of receipt by the Department of such quarterly report, the
5 Comptroller shall order paid and the Treasurer shall pay from
6 the Downstate Public Transportation Fund to each participant
7 an amount equal to one-third of such participant's eligible
8 operating expenses; provided, however, that in Fiscal Year
9 1997, the amount paid to each participant from the Downstate
10 Public Transportation Fund shall be an amount equal to 47% of
11 such participant's eligible operating expenses and shall be
12 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
13 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
14 and thereafter; however, in any year that a participant
15 receives funding under subsection (i) of Section 2705-305 of
16 the Department of Transportation Law (20 ILCS 2705/2705-305),
17 that participant shall be eligible only for assistance equal
18 to the following percentage of its eligible operating
19 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
20 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
21 Fiscal Year 2001 and thereafter. Any such payment for the
22 third and fourth quarters of any fiscal year shall be
23 adjusted to reflect actual eligible operating expenses for
24 preceding quarters of such fiscal year. However, no
25 participant shall receive an amount less than that which was
26 received in the immediate prior year, provided in the event
27 of a shortfall in the fund those participants receiving less
28 than their full allocation pursuant to Section 2-6 of this
29 Article shall be the first participants to receive an amount
30 not less than that received in the immediate prior year.
31 (c) No later than 180 days following the last day of the
32 Fiscal Year each participant shall provide the Department
33 with an audit prepared by a Certified Public Accountant
34 covering that Fiscal Year. Any discrepancy between the
-156- LRB9203186EGfg
1 grants paid and one-third of the eligible operating expenses
2 or in the case of the Bi-State Metropolitan Development
3 District the approved program amount shall be reconciled by
4 appropriate payment or credit. Beginning in Fiscal Year 1985,
5 for those participants other than the Bi-State Metropolitan
6 Development District, any discrepancy between the grants paid
7 and the percentage of the eligible operating expenses
8 provided for by paragraph (b) of this Section shall be
9 reconciled by appropriate payment or credit.
10 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
11 revised 8-9-99.)
12 Section 31. The State Mandates Act is amended by
13 changing Sections 8.23 and 8.24 as follows:
14 (30 ILCS 805/8.23)
15 Sec. 8.23. Exempt mandates mandate.
16 (a) Notwithstanding Sections 6 and 8 of this Act, no
17 reimbursement by the State is required for the implementation
18 of any mandate created by Public Act 91-17, 91-56, 91-254,
19 91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578,
20 91-617, 91-635, or 91-651 this amendatory Act of the 91st
21 General Assembly 1999.
22 (b) Notwithstanding Sections 6 and 8 of this Act and
23 except for the payment provided in subsection (k) of Section
24 21-14 of the School Code, no reimbursement by the State is
25 required for the implementation of any mandate created by
26 Public Act 91-102 this amendatory Act of the 91st General
27 Assembly.
28 (Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99;
29 91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff.
30 1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478,
31 eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00;
32 91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff.
-157- LRB9203186EGfg
1 8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.)
2 (30 ILCS 805/8.24)
3 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
4 and 8 of this Act, no reimbursement by the State is required
5 for the implementation of any mandate created by Public Act
6 91-699, 91-722, 91-834, 91-852, 91-870, 91-885, 91-887, or
7 91-897. this amendatory Act of the 91st General Assembly.
8 (Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00;
9 91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff.
10 6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897,
11 eff. 7-6-00; revised 9-7-00.)
12 Section 32. The Illinois Income Tax Act is amended by
13 changing Sections 201, 203, 703, and 901 as follows:
14 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
15 Sec. 201. Tax Imposed.
16 (a) In general. A tax measured by net income is hereby
17 imposed on every individual, corporation, trust and estate
18 for each taxable year ending after July 31, 1969 on the
19 privilege of earning or receiving income in or as a resident
20 of this State. Such tax shall be in addition to all other
21 occupation or privilege taxes imposed by this State or by any
22 municipal corporation or political subdivision thereof.
23 (b) Rates. The tax imposed by subsection (a) of this
24 Section shall be determined as follows, except as adjusted by
25 subsection (d-1):
26 (1) In the case of an individual, trust or estate,
27 for taxable years ending prior to July 1, 1989, an amount
28 equal to 2 1/2% of the taxpayer's net income for the
29 taxable year.
30 (2) In the case of an individual, trust or estate,
31 for taxable years beginning prior to July 1, 1989 and
-158- LRB9203186EGfg
1 ending after June 30, 1989, an amount equal to the sum of
2 (i) 2 1/2% of the taxpayer's net income for the period
3 prior to July 1, 1989, as calculated under Section 202.3,
4 and (ii) 3% of the taxpayer's net income for the period
5 after June 30, 1989, as calculated under Section 202.3.
6 (3) In the case of an individual, trust or estate,
7 for taxable years beginning after June 30, 1989, an
8 amount equal to 3% of the taxpayer's net income for the
9 taxable year.
10 (4) (Blank).
11 (5) (Blank).
12 (6) In the case of a corporation, for taxable years
13 ending prior to July 1, 1989, an amount equal to 4% of
14 the taxpayer's net income for the taxable year.
15 (7) In the case of a corporation, for taxable years
16 beginning prior to July 1, 1989 and ending after June 30,
17 1989, an amount equal to the sum of (i) 4% of the
18 taxpayer's net income for the period prior to July 1,
19 1989, as calculated under Section 202.3, and (ii) 4.8% of
20 the taxpayer's net income for the period after June 30,
21 1989, as calculated under Section 202.3.
22 (8) In the case of a corporation, for taxable years
23 beginning after June 30, 1989, an amount equal to 4.8% of
24 the taxpayer's net income for the taxable year.
25 (c) Beginning on July 1, 1979 and thereafter, in
26 addition to such income tax, there is also hereby imposed the
27 Personal Property Tax Replacement Income Tax measured by net
28 income on every corporation (including Subchapter S
29 corporations), partnership and trust, for each taxable year
30 ending after June 30, 1979. Such taxes are imposed on the
31 privilege of earning or receiving income in or as a resident
32 of this State. The Personal Property Tax Replacement Income
33 Tax shall be in addition to the income tax imposed by
34 subsections (a) and (b) of this Section and in addition to
-159- LRB9203186EGfg
1 all other occupation or privilege taxes imposed by this State
2 or by any municipal corporation or political subdivision
3 thereof.
4 (d) Additional Personal Property Tax Replacement Income
5 Tax Rates. The personal property tax replacement income tax
6 imposed by this subsection and subsection (c) of this Section
7 in the case of a corporation, other than a Subchapter S
8 corporation and except as adjusted by subsection (d-1), shall
9 be an additional amount equal to 2.85% of such taxpayer's net
10 income for the taxable year, except that beginning on January
11 1, 1981, and thereafter, the rate of 2.85% specified in this
12 subsection shall be reduced to 2.5%, and in the case of a
13 partnership, trust or a Subchapter S corporation shall be an
14 additional amount equal to 1.5% of such taxpayer's net income
15 for the taxable year.
16 (d-1) Rate reduction for certain foreign insurers. In
17 the case of a foreign insurer, as defined by Section 35A-5 of
18 the Illinois Insurance Code, whose state or country of
19 domicile imposes on insurers domiciled in Illinois a
20 retaliatory tax (excluding any insurer whose premiums from
21 reinsurance assumed are 50% or more of its total insurance
22 premiums as determined under paragraph (2) of subsection (b)
23 of Section 304, except that for purposes of this
24 determination premiums from reinsurance do not include
25 premiums from inter-affiliate reinsurance arrangements),
26 beginning with taxable years ending on or after December 31,
27 1999, the sum of the rates of tax imposed by subsections (b)
28 and (d) shall be reduced (but not increased) to the rate at
29 which the total amount of tax imposed under this Act, net of
30 all credits allowed under this Act, shall equal (i) the total
31 amount of tax that would be imposed on the foreign insurer's
32 net income allocable to Illinois for the taxable year by such
33 foreign insurer's state or country of domicile if that net
34 income were subject to all income taxes and taxes measured by
-160- LRB9203186EGfg
1 net income imposed by such foreign insurer's state or country
2 of domicile, net of all credits allowed or (ii) a rate of
3 zero if no such tax is imposed on such income by the foreign
4 insurer's state of domicile. For the purposes of this
5 subsection (d-1), an inter-affiliate includes a mutual
6 insurer under common management.
7 (1) For the purposes of subsection (d-1), in no
8 event shall the sum of the rates of tax imposed by
9 subsections (b) and (d) be reduced below the rate at
10 which the sum of:
11 (A) the total amount of tax imposed on such
12 foreign insurer under this Act for a taxable year,
13 net of all credits allowed under this Act, plus
14 (B) the privilege tax imposed by Section 409
15 of the Illinois Insurance Code, the fire insurance
16 company tax imposed by Section 12 of the Fire
17 Investigation Act, and the fire department taxes
18 imposed under Section 11-10-1 of the Illinois
19 Municipal Code,
20 equals 1.25% of the net taxable premiums written for the
21 taxable year, as described by subsection (1) of Section
22 409 of the Illinois Insurance Code. This paragraph will
23 in no event increase the rates imposed under subsections
24 (b) and (d).
25 (2) Any reduction in the rates of tax imposed by
26 this subsection shall be applied first against the rates
27 imposed by subsection (b) and only after the tax imposed
28 by subsection (a) net of all credits allowed under this
29 Section other than the credit allowed under subsection
30 (i) has been reduced to zero, against the rates imposed
31 by subsection (d).
32 This subsection (d-1) is exempt from the provisions of
33 Section 250.
34 (e) Investment credit. A taxpayer shall be allowed a
-161- LRB9203186EGfg
1 credit against the Personal Property Tax Replacement Income
2 Tax for investment in qualified property.
3 (1) A taxpayer shall be allowed a credit equal to
4 .5% of the basis of qualified property placed in service
5 during the taxable year, provided such property is placed
6 in service on or after July 1, 1984. There shall be
7 allowed an additional credit equal to .5% of the basis of
8 qualified property placed in service during the taxable
9 year, provided such property is placed in service on or
10 after July 1, 1986, and the taxpayer's base employment
11 within Illinois has increased by 1% or more over the
12 preceding year as determined by the taxpayer's employment
13 records filed with the Illinois Department of Employment
14 Security. Taxpayers who are new to Illinois shall be
15 deemed to have met the 1% growth in base employment for
16 the first year in which they file employment records with
17 the Illinois Department of Employment Security. The
18 provisions added to this Section by Public Act 85-1200
19 (and restored by Public Act 87-895) shall be construed as
20 declaratory of existing law and not as a new enactment.
21 If, in any year, the increase in base employment within
22 Illinois over the preceding year is less than 1%, the
23 additional credit shall be limited to that percentage
24 times a fraction, the numerator of which is .5% and the
25 denominator of which is 1%, but shall not exceed .5%.
26 The investment credit shall not be allowed to the extent
27 that it would reduce a taxpayer's liability in any tax
28 year below zero, nor may any credit for qualified
29 property be allowed for any year other than the year in
30 which the property was placed in service in Illinois. For
31 tax years ending on or after December 31, 1987, and on or
32 before December 31, 1988, the credit shall be allowed for
33 the tax year in which the property is placed in service,
34 or, if the amount of the credit exceeds the tax liability
-162- LRB9203186EGfg
1 for that year, whether it exceeds the original liability
2 or the liability as later amended, such excess may be
3 carried forward and applied to the tax liability of the 5
4 taxable years following the excess credit years if the
5 taxpayer (i) makes investments which cause the creation
6 of a minimum of 2,000 full-time equivalent jobs in
7 Illinois, (ii) is located in an enterprise zone
8 established pursuant to the Illinois Enterprise Zone Act
9 and (iii) is certified by the Department of Commerce and
10 Community Affairs as complying with the requirements
11 specified in clause (i) and (ii) by July 1, 1986. The
12 Department of Commerce and Community Affairs shall notify
13 the Department of Revenue of all such certifications
14 immediately. For tax years ending after December 31,
15 1988, the credit shall be allowed for the tax year in
16 which the property is placed in service, or, if the
17 amount of the credit exceeds the tax liability for that
18 year, whether it exceeds the original liability or the
19 liability as later amended, such excess may be carried
20 forward and applied to the tax liability of the 5 taxable
21 years following the excess credit years. The credit shall
22 be applied to the earliest year for which there is a
23 liability. If there is credit from more than one tax year
24 that is available to offset a liability, earlier credit
25 shall be applied first.
26 (2) The term "qualified property" means property
27 which:
28 (A) is tangible, whether new or used,
29 including buildings and structural components of
30 buildings and signs that are real property, but not
31 including land or improvements to real property that
32 are not a structural component of a building such as
33 landscaping, sewer lines, local access roads,
34 fencing, parking lots, and other appurtenances;
-163- LRB9203186EGfg
1 (B) is depreciable pursuant to Section 167 of
2 the Internal Revenue Code, except that "3-year
3 property" as defined in Section 168(c)(2)(A) of that
4 Code is not eligible for the credit provided by this
5 subsection (e);
6 (C) is acquired by purchase as defined in
7 Section 179(d) of the Internal Revenue Code;
8 (D) is used in Illinois by a taxpayer who is
9 primarily engaged in manufacturing, or in mining
10 coal or fluorite, or in retailing; and
11 (E) has not previously been used in Illinois
12 in such a manner and by such a person as would
13 qualify for the credit provided by this subsection
14 (e) or subsection (f).
15 (3) For purposes of this subsection (e),
16 "manufacturing" means the material staging and production
17 of tangible personal property by procedures commonly
18 regarded as manufacturing, processing, fabrication, or
19 assembling which changes some existing material into new
20 shapes, new qualities, or new combinations. For purposes
21 of this subsection (e) the term "mining" shall have the
22 same meaning as the term "mining" in Section 613(c) of
23 the Internal Revenue Code. For purposes of this
24 subsection (e), the term "retailing" means the sale of
25 tangible personal property or services rendered in
26 conjunction with the sale of tangible consumer goods or
27 commodities.
28 (4) The basis of qualified property shall be the
29 basis used to compute the depreciation deduction for
30 federal income tax purposes.
31 (5) If the basis of the property for federal income
32 tax depreciation purposes is increased after it has been
33 placed in service in Illinois by the taxpayer, the amount
34 of such increase shall be deemed property placed in
-164- LRB9203186EGfg
1 service on the date of such increase in basis.
2 (6) The term "placed in service" shall have the
3 same meaning as under Section 46 of the Internal Revenue
4 Code.
5 (7) If during any taxable year, any property ceases
6 to be qualified property in the hands of the taxpayer
7 within 48 months after being placed in service, or the
8 situs of any qualified property is moved outside Illinois
9 within 48 months after being placed in service, the
10 Personal Property Tax Replacement Income Tax for such
11 taxable year shall be increased. Such increase shall be
12 determined by (i) recomputing the investment credit which
13 would have been allowed for the year in which credit for
14 such property was originally allowed by eliminating such
15 property from such computation and, (ii) subtracting such
16 recomputed credit from the amount of credit previously
17 allowed. For the purposes of this paragraph (7), a
18 reduction of the basis of qualified property resulting
19 from a redetermination of the purchase price shall be
20 deemed a disposition of qualified property to the extent
21 of such reduction.
22 (8) Unless the investment credit is extended by
23 law, the basis of qualified property shall not include
24 costs incurred after December 31, 2003, except for costs
25 incurred pursuant to a binding contract entered into on
26 or before December 31, 2003.
27 (9) Each taxable year ending before December 31,
28 2000, a partnership may elect to pass through to its
29 partners the credits to which the partnership is entitled
30 under this subsection (e) for the taxable year. A
31 partner may use the credit allocated to him or her under
32 this paragraph only against the tax imposed in
33 subsections (c) and (d) of this Section. If the
34 partnership makes that election, those credits shall be
-165- LRB9203186EGfg
1 allocated among the partners in the partnership in
2 accordance with the rules set forth in Section 704(b) of
3 the Internal Revenue Code, and the rules promulgated
4 under that Section, and the allocated amount of the
5 credits shall be allowed to the partners for that taxable
6 year. The partnership shall make this election on its
7 Personal Property Tax Replacement Income Tax return for
8 that taxable year. The election to pass through the
9 credits shall be irrevocable.
10 For taxable years ending on or after December 31,
11 2000, a partner that qualifies its partnership for a
12 subtraction under subparagraph (I) of paragraph (2) of
13 subsection (d) of Section 203 or a shareholder that
14 qualifies a Subchapter S corporation for a subtraction
15 under subparagraph (S) of paragraph (2) of subsection (b)
16 of Section 203 shall be allowed a credit under this
17 subsection (e) equal to its share of the credit earned
18 under this subsection (e) during the taxable year by the
19 partnership or Subchapter S corporation, determined in
20 accordance with the determination of income and
21 distributive share of income under Sections 702 and 704
22 and Subchapter S of the Internal Revenue Code. This
23 paragraph is exempt from the provisions of Section 250.
24 (f) Investment credit; Enterprise Zone.
25 (1) A taxpayer shall be allowed a credit against
26 the tax imposed by subsections (a) and (b) of this
27 Section for investment in qualified property which is
28 placed in service in an Enterprise Zone created pursuant
29 to the Illinois Enterprise Zone Act. For partners,
30 shareholders of Subchapter S corporations, and owners of
31 limited liability companies, if the liability company is
32 treated as a partnership for purposes of federal and
33 State income taxation, there shall be allowed a credit
34 under this subsection (f) to be determined in accordance
-166- LRB9203186EGfg
1 with the determination of income and distributive share
2 of income under Sections 702 and 704 and Subchapter S of
3 the Internal Revenue Code. The credit shall be .5% of the
4 basis for such property. The credit shall be available
5 only in the taxable year in which the property is placed
6 in service in the Enterprise Zone and shall not be
7 allowed to the extent that it would reduce a taxpayer's
8 liability for the tax imposed by subsections (a) and (b)
9 of this Section to below zero. For tax years ending on or
10 after December 31, 1985, the credit shall be allowed for
11 the tax year in which the property is placed in service,
12 or, if the amount of the credit exceeds the tax liability
13 for that year, whether it exceeds the original liability
14 or the liability as later amended, such excess may be
15 carried forward and applied to the tax liability of the 5
16 taxable years following the excess credit year. The
17 credit shall be applied to the earliest year for which
18 there is a liability. If there is credit from more than
19 one tax year that is available to offset a liability, the
20 credit accruing first in time shall be applied first.
21 (2) The term qualified property means property
22 which:
23 (A) is tangible, whether new or used,
24 including buildings and structural components of
25 buildings;
26 (B) is depreciable pursuant to Section 167 of
27 the Internal Revenue Code, except that "3-year
28 property" as defined in Section 168(c)(2)(A) of that
29 Code is not eligible for the credit provided by this
30 subsection (f);
31 (C) is acquired by purchase as defined in
32 Section 179(d) of the Internal Revenue Code;
33 (D) is used in the Enterprise Zone by the
34 taxpayer; and
-167- LRB9203186EGfg
1 (E) has not been previously used in Illinois
2 in such a manner and by such a person as would
3 qualify for the credit provided by this subsection
4 (f) or subsection (e).
5 (3) The basis of qualified property shall be the
6 basis used to compute the depreciation deduction for
7 federal income tax purposes.
8 (4) If the basis of the property for federal income
9 tax depreciation purposes is increased after it has been
10 placed in service in the Enterprise Zone by the taxpayer,
11 the amount of such increase shall be deemed property
12 placed in service on the date of such increase in basis.
13 (5) The term "placed in service" shall have the
14 same meaning as under Section 46 of the Internal Revenue
15 Code.
16 (6) If during any taxable year, any property ceases
17 to be qualified property in the hands of the taxpayer
18 within 48 months after being placed in service, or the
19 situs of any qualified property is moved outside the
20 Enterprise Zone within 48 months after being placed in
21 service, the tax imposed under subsections (a) and (b) of
22 this Section for such taxable year shall be increased.
23 Such increase shall be determined by (i) recomputing the
24 investment credit which would have been allowed for the
25 year in which credit for such property was originally
26 allowed by eliminating such property from such
27 computation, and (ii) subtracting such recomputed credit
28 from the amount of credit previously allowed. For the
29 purposes of this paragraph (6), a reduction of the basis
30 of qualified property resulting from a redetermination of
31 the purchase price shall be deemed a disposition of
32 qualified property to the extent of such reduction.
33 (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade
34 Zone or Sub-Zone.
-168- LRB9203186EGfg
1 (1) A taxpayer conducting a trade or business in an
2 enterprise zone or a High Impact Business designated by
3 the Department of Commerce and Community Affairs
4 conducting a trade or business in a federally designated
5 Foreign Trade Zone or Sub-Zone shall be allowed a credit
6 against the tax imposed by subsections (a) and (b) of
7 this Section in the amount of $500 per eligible employee
8 hired to work in the zone during the taxable year.
9 (2) To qualify for the credit:
10 (A) the taxpayer must hire 5 or more eligible
11 employees to work in an enterprise zone or federally
12 designated Foreign Trade Zone or Sub-Zone during the
13 taxable year;
14 (B) the taxpayer's total employment within the
15 enterprise zone or federally designated Foreign
16 Trade Zone or Sub-Zone must increase by 5 or more
17 full-time employees beyond the total employed in
18 that zone at the end of the previous tax year for
19 which a jobs tax credit under this Section was
20 taken, or beyond the total employed by the taxpayer
21 as of December 31, 1985, whichever is later; and
22 (C) the eligible employees must be employed
23 180 consecutive days in order to be deemed hired for
24 purposes of this subsection.
25 (3) An "eligible employee" means an employee who
26 is:
27 (A) Certified by the Department of Commerce
28 and Community Affairs as "eligible for services"
29 pursuant to regulations promulgated in accordance
30 with Title II of the Job Training Partnership Act,
31 Training Services for the Disadvantaged or Title III
32 of the Job Training Partnership Act, Employment and
33 Training Assistance for Dislocated Workers Program.
34 (B) Hired after the enterprise zone or
-169- LRB9203186EGfg
1 federally designated Foreign Trade Zone or Sub-Zone
2 was designated or the trade or business was located
3 in that zone, whichever is later.
4 (C) Employed in the enterprise zone or Foreign
5 Trade Zone or Sub-Zone. An employee is employed in
6 an enterprise zone or federally designated Foreign
7 Trade Zone or Sub-Zone if his services are rendered
8 there or it is the base of operations for the
9 services performed.
10 (D) A full-time employee working 30 or more
11 hours per week.
12 (4) For tax years ending on or after December 31,
13 1985 and prior to December 31, 1988, the credit shall be
14 allowed for the tax year in which the eligible employees
15 are hired. For tax years ending on or after December 31,
16 1988, the credit shall be allowed for the tax year
17 immediately following the tax year in which the eligible
18 employees are hired. If the amount of the credit exceeds
19 the tax liability for that year, whether it exceeds the
20 original liability or the liability as later amended,
21 such excess may be carried forward and applied to the tax
22 liability of the 5 taxable years following the excess
23 credit year. The credit shall be applied to the earliest
24 year for which there is a liability. If there is credit
25 from more than one tax year that is available to offset a
26 liability, earlier credit shall be applied first.
27 (5) The Department of Revenue shall promulgate such
28 rules and regulations as may be deemed necessary to carry
29 out the purposes of this subsection (g).
30 (6) The credit shall be available for eligible
31 employees hired on or after January 1, 1986.
32 (h) Investment credit; High Impact Business.
33 (1) Subject to subsection (b) of Section 5.5 of the
34 Illinois Enterprise Zone Act, a taxpayer shall be allowed
-170- LRB9203186EGfg
1 a credit against the tax imposed by subsections (a) and
2 (b) of this Section for investment in qualified property
3 which is placed in service by a Department of Commerce
4 and Community Affairs designated High Impact Business.
5 The credit shall be .5% of the basis for such property.
6 The credit shall not be available until the minimum
7 investments in qualified property set forth in Section
8 5.5 of the Illinois Enterprise Zone Act have been
9 satisfied and shall not be allowed to the extent that it
10 would reduce a taxpayer's liability for the tax imposed
11 by subsections (a) and (b) of this Section to below zero.
12 The credit applicable to such minimum investments shall
13 be taken in the taxable year in which such minimum
14 investments have been completed. The credit for
15 additional investments beyond the minimum investment by a
16 designated high impact business shall be available only
17 in the taxable year in which the property is placed in
18 service and shall not be allowed to the extent that it
19 would reduce a taxpayer's liability for the tax imposed
20 by subsections (a) and (b) of this Section to below zero.
21 For tax years ending on or after December 31, 1987, the
22 credit shall be allowed for the tax year in which the
23 property is placed in service, or, if the amount of the
24 credit exceeds the tax liability for that year, whether
25 it exceeds the original liability or the liability as
26 later amended, such excess may be carried forward and
27 applied to the tax liability of the 5 taxable years
28 following the excess credit year. The credit shall be
29 applied to the earliest year for which there is a
30 liability. If there is credit from more than one tax
31 year that is available to offset a liability, the credit
32 accruing first in time shall be applied first.
33 Changes made in this subdivision (h)(1) by Public
34 Act 88-670 restore changes made by Public Act 85-1182 and
-171- LRB9203186EGfg
1 reflect existing law.
2 (2) The term qualified property means property
3 which:
4 (A) is tangible, whether new or used,
5 including buildings and structural components of
6 buildings;
7 (B) is depreciable pursuant to Section 167 of
8 the Internal Revenue Code, except that "3-year
9 property" as defined in Section 168(c)(2)(A) of that
10 Code is not eligible for the credit provided by this
11 subsection (h);
12 (C) is acquired by purchase as defined in
13 Section 179(d) of the Internal Revenue Code; and
14 (D) is not eligible for the Enterprise Zone
15 Investment Credit provided by subsection (f) of this
16 Section.
17 (3) The basis of qualified property shall be the
18 basis used to compute the depreciation deduction for
19 federal income tax purposes.
20 (4) If the basis of the property for federal income
21 tax depreciation purposes is increased after it has been
22 placed in service in a federally designated Foreign Trade
23 Zone or Sub-Zone located in Illinois by the taxpayer, the
24 amount of such increase shall be deemed property placed
25 in service on the date of such increase in basis.
26 (5) The term "placed in service" shall have the
27 same meaning as under Section 46 of the Internal Revenue
28 Code.
29 (6) If during any taxable year ending on or before
30 December 31, 1996, any property ceases to be qualified
31 property in the hands of the taxpayer within 48 months
32 after being placed in service, or the situs of any
33 qualified property is moved outside Illinois within 48
34 months after being placed in service, the tax imposed
-172- LRB9203186EGfg
1 under subsections (a) and (b) of this Section for such
2 taxable year shall be increased. Such increase shall be
3 determined by (i) recomputing the investment credit which
4 would have been allowed for the year in which credit for
5 such property was originally allowed by eliminating such
6 property from such computation, and (ii) subtracting such
7 recomputed credit from the amount of credit previously
8 allowed. For the purposes of this paragraph (6), a
9 reduction of the basis of qualified property resulting
10 from a redetermination of the purchase price shall be
11 deemed a disposition of qualified property to the extent
12 of such reduction.
13 (7) Beginning with tax years ending after December
14 31, 1996, if a taxpayer qualifies for the credit under
15 this subsection (h) and thereby is granted a tax
16 abatement and the taxpayer relocates its entire facility
17 in violation of the explicit terms and length of the
18 contract under Section 18-183 of the Property Tax Code,
19 the tax imposed under subsections (a) and (b) of this
20 Section shall be increased for the taxable year in which
21 the taxpayer relocated its facility by an amount equal to
22 the amount of credit received by the taxpayer under this
23 subsection (h).
24 (i) A credit shall be allowed against the tax imposed by
25 subsections (a) and (b) of this Section for the tax imposed
26 by subsections (c) and (d) of this Section. This credit
27 shall be computed by multiplying the tax imposed by
28 subsections (c) and (d) of this Section by a fraction, the
29 numerator of which is base income allocable to Illinois and
30 the denominator of which is Illinois base income, and further
31 multiplying the product by the tax rate imposed by
32 subsections (a) and (b) of this Section.
33 Any credit earned on or after December 31, 1986 under
34 this subsection which is unused in the year the credit is
-173- LRB9203186EGfg
1 computed because it exceeds the tax liability imposed by
2 subsections (a) and (b) for that year (whether it exceeds the
3 original liability or the liability as later amended) may be
4 carried forward and applied to the tax liability imposed by
5 subsections (a) and (b) of the 5 taxable years following the
6 excess credit year. This credit shall be applied first to
7 the earliest year for which there is a liability. If there
8 is a credit under this subsection from more than one tax year
9 that is available to offset a liability the earliest credit
10 arising under this subsection shall be applied first.
11 If, during any taxable year ending on or after December
12 31, 1986, the tax imposed by subsections (c) and (d) of this
13 Section for which a taxpayer has claimed a credit under this
14 subsection (i) is reduced, the amount of credit for such tax
15 shall also be reduced. Such reduction shall be determined by
16 recomputing the credit to take into account the reduced tax
17 imposed by subsection (c) and (d). If any portion of the
18 reduced amount of credit has been carried to a different
19 taxable year, an amended return shall be filed for such
20 taxable year to reduce the amount of credit claimed.
21 (j) Training expense credit. Beginning with tax years
22 ending on or after December 31, 1986, a taxpayer shall be
23 allowed a credit against the tax imposed by subsection (a)
24 and (b) under this Section for all amounts paid or accrued,
25 on behalf of all persons employed by the taxpayer in Illinois
26 or Illinois residents employed outside of Illinois by a
27 taxpayer, for educational or vocational training in
28 semi-technical or technical fields or semi-skilled or skilled
29 fields, which were deducted from gross income in the
30 computation of taxable income. The credit against the tax
31 imposed by subsections (a) and (b) shall be 1.6% of such
32 training expenses. For partners, shareholders of subchapter
33 S corporations, and owners of limited liability companies, if
34 the liability company is treated as a partnership for
-174- LRB9203186EGfg
1 purposes of federal and State income taxation, there shall be
2 allowed a credit under this subsection (j) to be determined
3 in accordance with the determination of income and
4 distributive share of income under Sections 702 and 704 and
5 subchapter S of the Internal Revenue Code.
6 Any credit allowed under this subsection which is unused
7 in the year the credit is earned may be carried forward to
8 each of the 5 taxable years following the year for which the
9 credit is first computed until it is used. This credit shall
10 be applied first to the earliest year for which there is a
11 liability. If there is a credit under this subsection from
12 more than one tax year that is available to offset a
13 liability the earliest credit arising under this subsection
14 shall be applied first.
15 (k) Research and development credit.
16 Beginning with tax years ending after July 1, 1990, a
17 taxpayer shall be allowed a credit against the tax imposed by
18 subsections (a) and (b) of this Section for increasing
19 research activities in this State. The credit allowed
20 against the tax imposed by subsections (a) and (b) shall be
21 equal to 6 1/2% of the qualifying expenditures for increasing
22 research activities in this State. For partners, shareholders
23 of subchapter S corporations, and owners of limited liability
24 companies, if the liability company is treated as a
25 partnership for purposes of federal and State income
26 taxation, there shall be allowed a credit under this
27 subsection to be determined in accordance with the
28 determination of income and distributive share of income
29 under Sections 702 and 704 and subchapter S of the Internal
30 Revenue Code.
31 For purposes of this subsection, "qualifying
32 expenditures" means the qualifying expenditures as defined
33 for the federal credit for increasing research activities
34 which would be allowable under Section 41 of the Internal
-175- LRB9203186EGfg
1 Revenue Code and which are conducted in this State,
2 "qualifying expenditures for increasing research activities
3 in this State" means the excess of qualifying expenditures
4 for the taxable year in which incurred over qualifying
5 expenditures for the base period, "qualifying expenditures
6 for the base period" means the average of the qualifying
7 expenditures for each year in the base period, and "base
8 period" means the 3 taxable years immediately preceding the
9 taxable year for which the determination is being made.
10 Any credit in excess of the tax liability for the taxable
11 year may be carried forward. A taxpayer may elect to have the
12 unused credit shown on its final completed return carried
13 over as a credit against the tax liability for the following
14 5 taxable years or until it has been fully used, whichever
15 occurs first.
16 If an unused credit is carried forward to a given year
17 from 2 or more earlier years, that credit arising in the
18 earliest year will be applied first against the tax liability
19 for the given year. If a tax liability for the given year
20 still remains, the credit from the next earliest year will
21 then be applied, and so on, until all credits have been used
22 or no tax liability for the given year remains. Any
23 remaining unused credit or credits then will be carried
24 forward to the next following year in which a tax liability
25 is incurred, except that no credit can be carried forward to
26 a year which is more than 5 years after the year in which the
27 expense for which the credit is given was incurred.
28 Unless extended by law, the credit shall not include
29 costs incurred after December 31, 2004, except for costs
30 incurred pursuant to a binding contract entered into on or
31 before December 31, 2004.
32 No inference shall be drawn from this amendatory Act of
33 the 91st General Assembly in construing this Section for
34 taxable years beginning before January 1, 1999.
-176- LRB9203186EGfg
1 (l) Environmental Remediation Tax Credit.
2 (i) For tax years ending after December 31, 1997
3 and on or before December 31, 2001, a taxpayer shall be
4 allowed a credit against the tax imposed by subsections
5 (a) and (b) of this Section for certain amounts paid for
6 unreimbursed eligible remediation costs, as specified in
7 this subsection. For purposes of this Section,
8 "unreimbursed eligible remediation costs" means costs
9 approved by the Illinois Environmental Protection Agency
10 ("Agency") under Section 58.14 of the Environmental
11 Protection Act that were paid in performing environmental
12 remediation at a site for which a No Further Remediation
13 Letter was issued by the Agency and recorded under
14 Section 58.10 of the Environmental Protection Act. The
15 credit must be claimed for the taxable year in which
16 Agency approval of the eligible remediation costs is
17 granted. The credit is not available to any taxpayer if
18 the taxpayer or any related party caused or contributed
19 to, in any material respect, a release of regulated
20 substances on, in, or under the site that was identified
21 and addressed by the remedial action pursuant to the Site
22 Remediation Program of the Environmental Protection Act.
23 After the Pollution Control Board rules are adopted
24 pursuant to the Illinois Administrative Procedure Act for
25 the administration and enforcement of Section 58.9 of the
26 Environmental Protection Act, determinations as to credit
27 availability for purposes of this Section shall be made
28 consistent with those rules. For purposes of this
29 Section, "taxpayer" includes a person whose tax
30 attributes the taxpayer has succeeded to under Section
31 381 of the Internal Revenue Code and "related party"
32 includes the persons disallowed a deduction for losses by
33 paragraphs (b), (c), and (f)(1) of Section 267 of the
34 Internal Revenue Code by virtue of being a related
-177- LRB9203186EGfg
1 taxpayer, as well as any of its partners. The credit
2 allowed against the tax imposed by subsections (a) and
3 (b) shall be equal to 25% of the unreimbursed eligible
4 remediation costs in excess of $100,000 per site, except
5 that the $100,000 threshold shall not apply to any site
6 contained in an enterprise zone as determined by the
7 Department of Commerce and Community Affairs. The total
8 credit allowed shall not exceed $40,000 per year with a
9 maximum total of $150,000 per site. For partners and
10 shareholders of subchapter S corporations, there shall be
11 allowed a credit under this subsection to be determined
12 in accordance with the determination of income and
13 distributive share of income under Sections 702 and 704
14 and of subchapter S of the Internal Revenue Code.
15 (ii) A credit allowed under this subsection that is
16 unused in the year the credit is earned may be carried
17 forward to each of the 5 taxable years following the year
18 for which the credit is first earned until it is used.
19 The term "unused credit" does not include any amounts of
20 unreimbursed eligible remediation costs in excess of the
21 maximum credit per site authorized under paragraph (i).
22 This credit shall be applied first to the earliest year
23 for which there is a liability. If there is a credit
24 under this subsection from more than one tax year that is
25 available to offset a liability, the earliest credit
26 arising under this subsection shall be applied first. A
27 credit allowed under this subsection may be sold to a
28 buyer as part of a sale of all or part of the remediation
29 site for which the credit was granted. The purchaser of
30 a remediation site and the tax credit shall succeed to
31 the unused credit and remaining carry-forward period of
32 the seller. To perfect the transfer, the assignor shall
33 record the transfer in the chain of title for the site
34 and provide written notice to the Director of the
-178- LRB9203186EGfg
1 Illinois Department of Revenue of the assignor's intent
2 to sell the remediation site and the amount of the tax
3 credit to be transferred as a portion of the sale. In no
4 event may a credit be transferred to any taxpayer if the
5 taxpayer or a related party would not be eligible under
6 the provisions of subsection (i).
7 (iii) For purposes of this Section, the term "site"
8 shall have the same meaning as under Section 58.2 of the
9 Environmental Protection Act.
10 (m) Education expense credit.
11 Beginning with tax years ending after December 31, 1999,
12 a taxpayer who is the custodian of one or more qualifying
13 pupils shall be allowed a credit against the tax imposed by
14 subsections (a) and (b) of this Section for qualified
15 education expenses incurred on behalf of the qualifying
16 pupils. The credit shall be equal to 25% of qualified
17 education expenses, but in no event may the total credit
18 under this Section claimed by a family that is the custodian
19 of qualifying pupils exceed $500. In no event shall a credit
20 under this subsection reduce the taxpayer's liability under
21 this Act to less than zero. This subsection is exempt from
22 the provisions of Section 250 of this Act.
23 For purposes of this subsection;
24 "Qualifying pupils" means individuals who (i) are
25 residents of the State of Illinois, (ii) are under the age of
26 21 at the close of the school year for which a credit is
27 sought, and (iii) during the school year for which a credit
28 is sought were full-time pupils enrolled in a kindergarten
29 through twelfth grade education program at any school, as
30 defined in this subsection.
31 "Qualified education expense" means the amount incurred
32 on behalf of a qualifying pupil in excess of $250 for
33 tuition, book fees, and lab fees at the school in which the
34 pupil is enrolled during the regular school year.
-179- LRB9203186EGfg
1 "School" means any public or nonpublic elementary or
2 secondary school in Illinois that is in compliance with Title
3 VI of the Civil Rights Act of 1964 and attendance at which
4 satisfies the requirements of Section 26-1 of the School
5 Code, except that nothing shall be construed to require a
6 child to attend any particular public or nonpublic school to
7 qualify for the credit under this Section.
8 "Custodian" means, with respect to qualifying pupils, an
9 Illinois resident who is a parent, the parents, a legal
10 guardian, or the legal guardians of the qualifying pupils.
11 (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97;
12 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff.
13 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff.
14 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860,
15 eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.)
16 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
17 Sec. 203. Base income defined.
18 (a) Individuals.
19 (1) In general. In the case of an individual, base
20 income means an amount equal to the taxpayer's adjusted
21 gross income for the taxable year as modified by
22 paragraph (2).
23 (2) Modifications. The adjusted gross income
24 referred to in paragraph (1) shall be modified by adding
25 thereto the sum of the following amounts:
26 (A) An amount equal to all amounts paid or
27 accrued to the taxpayer as interest or dividends
28 during the taxable year to the extent excluded from
29 gross income in the computation of adjusted gross
30 income, except stock dividends of qualified public
31 utilities described in Section 305(e) of the
32 Internal Revenue Code;
33 (B) An amount equal to the amount of tax
-180- LRB9203186EGfg
1 imposed by this Act to the extent deducted from
2 gross income in the computation of adjusted gross
3 income for the taxable year;
4 (C) An amount equal to the amount received
5 during the taxable year as a recovery or refund of
6 real property taxes paid with respect to the
7 taxpayer's principal residence under the Revenue Act
8 of 1939 and for which a deduction was previously
9 taken under subparagraph (L) of this paragraph (2)
10 prior to July 1, 1991, the retrospective application
11 date of Article 4 of Public Act 87-17. In the case
12 of multi-unit or multi-use structures and farm
13 dwellings, the taxes on the taxpayer's principal
14 residence shall be that portion of the total taxes
15 for the entire property which is attributable to
16 such principal residence;
17 (D) An amount equal to the amount of the
18 capital gain deduction allowable under the Internal
19 Revenue Code, to the extent deducted from gross
20 income in the computation of adjusted gross income;
21 (D-5) An amount, to the extent not included in
22 adjusted gross income, equal to the amount of money
23 withdrawn by the taxpayer in the taxable year from a
24 medical care savings account and the interest earned
25 on the account in the taxable year of a withdrawal
26 pursuant to subsection (b) of Section 20 of the
27 Medical Care Savings Account Act or subsection (b)
28 of Section 20 of the Medical Care Savings Account
29 Act of 2000; and
30 (D-10) For taxable years ending after December
31 31, 1997, an amount equal to any eligible
32 remediation costs that the individual deducted in
33 computing adjusted gross income and for which the
34 individual claims a credit under subsection (l) of
-181- LRB9203186EGfg
1 Section 201;
2 and by deducting from the total so obtained the sum of
3 the following amounts:
4 (E) Any amount included in such total in
5 respect of any compensation (including but not
6 limited to any compensation paid or accrued to a
7 serviceman while a prisoner of war or missing in
8 action) paid to a resident by reason of being on
9 active duty in the Armed Forces of the United States
10 and in respect of any compensation paid or accrued
11 to a resident who as a governmental employee was a
12 prisoner of war or missing in action, and in respect
13 of any compensation paid to a resident in 1971 or
14 thereafter for annual training performed pursuant to
15 Sections 502 and 503, Title 32, United States Code
16 as a member of the Illinois National Guard;
17 (F) An amount equal to all amounts included in
18 such total pursuant to the provisions of Sections
19 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
20 408 of the Internal Revenue Code, or included in
21 such total as distributions under the provisions of
22 any retirement or disability plan for employees of
23 any governmental agency or unit, or retirement
24 payments to retired partners, which payments are
25 excluded in computing net earnings from self
26 employment by Section 1402 of the Internal Revenue
27 Code and regulations adopted pursuant thereto;
28 (G) The valuation limitation amount;
29 (H) An amount equal to the amount of any tax
30 imposed by this Act which was refunded to the
31 taxpayer and included in such total for the taxable
32 year;
33 (I) An amount equal to all amounts included in
34 such total pursuant to the provisions of Section 111
-182- LRB9203186EGfg
1 of the Internal Revenue Code as a recovery of items
2 previously deducted from adjusted gross income in
3 the computation of taxable income;
4 (J) An amount equal to those dividends
5 included in such total which were paid by a
6 corporation which conducts business operations in an
7 Enterprise Zone or zones created under the Illinois
8 Enterprise Zone Act, and conducts substantially all
9 of its operations in an Enterprise Zone or zones;
10 (K) An amount equal to those dividends
11 included in such total that were paid by a
12 corporation that conducts business operations in a
13 federally designated Foreign Trade Zone or Sub-Zone
14 and that is designated a High Impact Business
15 located in Illinois; provided that dividends
16 eligible for the deduction provided in subparagraph
17 (J) of paragraph (2) of this subsection shall not be
18 eligible for the deduction provided under this
19 subparagraph (K);
20 (L) For taxable years ending after December
21 31, 1983, an amount equal to all social security
22 benefits and railroad retirement benefits included
23 in such total pursuant to Sections 72(r) and 86 of
24 the Internal Revenue Code;
25 (M) With the exception of any amounts
26 subtracted under subparagraph (N), an amount equal
27 to the sum of all amounts disallowed as deductions
28 by (i) Sections 171(a) (2), and 265(2) of the
29 Internal Revenue Code of 1954, as now or hereafter
30 amended, and all amounts of expenses allocable to
31 interest and disallowed as deductions by Section
32 265(1) of the Internal Revenue Code of 1954, as now
33 or hereafter amended; and (ii) for taxable years
34 ending on or after August 13, 1999, Sections
-183- LRB9203186EGfg
1 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
2 Internal Revenue Code; the provisions of this
3 subparagraph are exempt from the provisions of
4 Section 250;
5 (N) An amount equal to all amounts included in
6 such total which are exempt from taxation by this
7 State either by reason of its statutes or
8 Constitution or by reason of the Constitution,
9 treaties or statutes of the United States; provided
10 that, in the case of any statute of this State that
11 exempts income derived from bonds or other
12 obligations from the tax imposed under this Act, the
13 amount exempted shall be the interest net of bond
14 premium amortization;
15 (O) An amount equal to any contribution made
16 to a job training project established pursuant to
17 the Tax Increment Allocation Redevelopment Act;
18 (P) An amount equal to the amount of the
19 deduction used to compute the federal income tax
20 credit for restoration of substantial amounts held
21 under claim of right for the taxable year pursuant
22 to Section 1341 of the Internal Revenue Code of
23 1986;
24 (Q) An amount equal to any amounts included in
25 such total, received by the taxpayer as an
26 acceleration in the payment of life, endowment or
27 annuity benefits in advance of the time they would
28 otherwise be payable as an indemnity for a terminal
29 illness;
30 (R) An amount equal to the amount of any
31 federal or State bonus paid to veterans of the
32 Persian Gulf War;
33 (S) An amount, to the extent included in
34 adjusted gross income, equal to the amount of a
-184- LRB9203186EGfg
1 contribution made in the taxable year on behalf of
2 the taxpayer to a medical care savings account
3 established under the Medical Care Savings Account
4 Act or the Medical Care Savings Account Act of 2000
5 to the extent the contribution is accepted by the
6 account administrator as provided in that Act;
7 (T) An amount, to the extent included in
8 adjusted gross income, equal to the amount of
9 interest earned in the taxable year on a medical
10 care savings account established under the Medical
11 Care Savings Account Act or the Medical Care Savings
12 Account Act of 2000 on behalf of the taxpayer, other
13 than interest added pursuant to item (D-5) of this
14 paragraph (2);
15 (U) For one taxable year beginning on or after
16 January 1, 1994, an amount equal to the total amount
17 of tax imposed and paid under subsections (a) and
18 (b) of Section 201 of this Act on grant amounts
19 received by the taxpayer under the Nursing Home
20 Grant Assistance Act during the taxpayer's taxable
21 years 1992 and 1993;
22 (V) Beginning with tax years ending on or
23 after December 31, 1995 and ending with tax years
24 ending on or before December 31, 2004, an amount
25 equal to the amount paid by a taxpayer who is a
26 self-employed taxpayer, a partner of a partnership,
27 or a shareholder in a Subchapter S corporation for
28 health insurance or long-term care insurance for
29 that taxpayer or that taxpayer's spouse or
30 dependents, to the extent that the amount paid for
31 that health insurance or long-term care insurance
32 may be deducted under Section 213 of the Internal
33 Revenue Code of 1986, has not been deducted on the
34 federal income tax return of the taxpayer, and does
-185- LRB9203186EGfg
1 not exceed the taxable income attributable to that
2 taxpayer's income, self-employment income, or
3 Subchapter S corporation income; except that no
4 deduction shall be allowed under this item (V) if
5 the taxpayer is eligible to participate in any
6 health insurance or long-term care insurance plan of
7 an employer of the taxpayer or the taxpayer's
8 spouse. The amount of the health insurance and
9 long-term care insurance subtracted under this item
10 (V) shall be determined by multiplying total health
11 insurance and long-term care insurance premiums paid
12 by the taxpayer times a number that represents the
13 fractional percentage of eligible medical expenses
14 under Section 213 of the Internal Revenue Code of
15 1986 not actually deducted on the taxpayer's federal
16 income tax return;
17 (W) For taxable years beginning on or after
18 January 1, 1998, all amounts included in the
19 taxpayer's federal gross income in the taxable year
20 from amounts converted from a regular IRA to a Roth
21 IRA. This paragraph is exempt from the provisions of
22 Section 250; and
23 (X) For taxable year 1999 and thereafter, an
24 amount equal to the amount of any (i) distributions,
25 to the extent includible in gross income for federal
26 income tax purposes, made to the taxpayer because of
27 his or her status as a victim of persecution for
28 racial or religious reasons by Nazi Germany or any
29 other Axis regime or as an heir of the victim and
30 (ii) items of income, to the extent includible in
31 gross income for federal income tax purposes,
32 attributable to, derived from or in any way related
33 to assets stolen from, hidden from, or otherwise
34 lost to a victim of persecution for racial or
-186- LRB9203186EGfg
1 religious reasons by Nazi Germany or any other Axis
2 regime immediately prior to, during, and immediately
3 after World War II, including, but not limited to,
4 interest on the proceeds receivable as insurance
5 under policies issued to a victim of persecution for
6 racial or religious reasons by Nazi Germany or any
7 other Axis regime by European insurance companies
8 immediately prior to and during World War II;
9 provided, however, this subtraction from federal
10 adjusted gross income does not apply to assets
11 acquired with such assets or with the proceeds from
12 the sale of such assets; provided, further, this
13 paragraph shall only apply to a taxpayer who was the
14 first recipient of such assets after their recovery
15 and who is a victim of persecution for racial or
16 religious reasons by Nazi Germany or any other Axis
17 regime or as an heir of the victim. The amount of
18 and the eligibility for any public assistance,
19 benefit, or similar entitlement is not affected by
20 the inclusion of items (i) and (ii) of this
21 paragraph in gross income for federal income tax
22 purposes. This paragraph is exempt from the
23 provisions of Section 250.
24 (b) Corporations.
25 (1) In general. In the case of a corporation, base
26 income means an amount equal to the taxpayer's taxable
27 income for the taxable year as modified by paragraph (2).
28 (2) Modifications. The taxable income referred to
29 in paragraph (1) shall be modified by adding thereto the
30 sum of the following amounts:
31 (A) An amount equal to all amounts paid or
32 accrued to the taxpayer as interest and all
33 distributions received from regulated investment
34 companies during the taxable year to the extent
-187- LRB9203186EGfg
1 excluded from gross income in the computation of
2 taxable income;
3 (B) An amount equal to the amount of tax
4 imposed by this Act to the extent deducted from
5 gross income in the computation of taxable income
6 for the taxable year;
7 (C) In the case of a regulated investment
8 company, an amount equal to the excess of (i) the
9 net long-term capital gain for the taxable year,
10 over (ii) the amount of the capital gain dividends
11 designated as such in accordance with Section
12 852(b)(3)(C) of the Internal Revenue Code and any
13 amount designated under Section 852(b)(3)(D) of the
14 Internal Revenue Code, attributable to the taxable
15 year (this amendatory Act of 1995 (Public Act 89-89)
16 is declarative of existing law and is not a new
17 enactment);
18 (D) The amount of any net operating loss
19 deduction taken in arriving at taxable income, other
20 than a net operating loss carried forward from a
21 taxable year ending prior to December 31, 1986;
22 (E) For taxable years in which a net operating
23 loss carryback or carryforward from a taxable year
24 ending prior to December 31, 1986 is an element of
25 taxable income under paragraph (1) of subsection (e)
26 or subparagraph (E) of paragraph (2) of subsection
27 (e), the amount by which addition modifications
28 other than those provided by this subparagraph (E)
29 exceeded subtraction modifications in such earlier
30 taxable year, with the following limitations applied
31 in the order that they are listed:
32 (i) the addition modification relating to
33 the net operating loss carried back or forward
34 to the taxable year from any taxable year
-188- LRB9203186EGfg
1 ending prior to December 31, 1986 shall be
2 reduced by the amount of addition modification
3 under this subparagraph (E) which related to
4 that net operating loss and which was taken
5 into account in calculating the base income of
6 an earlier taxable year, and
7 (ii) the addition modification relating
8 to the net operating loss carried back or
9 forward to the taxable year from any taxable
10 year ending prior to December 31, 1986 shall
11 not exceed the amount of such carryback or
12 carryforward;
13 For taxable years in which there is a net
14 operating loss carryback or carryforward from more
15 than one other taxable year ending prior to December
16 31, 1986, the addition modification provided in this
17 subparagraph (E) shall be the sum of the amounts
18 computed independently under the preceding
19 provisions of this subparagraph (E) for each such
20 taxable year; and
21 (E-5) For taxable years ending after December
22 31, 1997, an amount equal to any eligible
23 remediation costs that the corporation deducted in
24 computing adjusted gross income and for which the
25 corporation claims a credit under subsection (l) of
26 Section 201;
27 and by deducting from the total so obtained the sum of
28 the following amounts:
29 (F) An amount equal to the amount of any tax
30 imposed by this Act which was refunded to the
31 taxpayer and included in such total for the taxable
32 year;
33 (G) An amount equal to any amount included in
34 such total under Section 78 of the Internal Revenue
-189- LRB9203186EGfg
1 Code;
2 (H) In the case of a regulated investment
3 company, an amount equal to the amount of exempt
4 interest dividends as defined in subsection (b) (5)
5 of Section 852 of the Internal Revenue Code, paid to
6 shareholders for the taxable year;
7 (I) With the exception of any amounts
8 subtracted under subparagraph (J), an amount equal
9 to the sum of all amounts disallowed as deductions
10 by (i) Sections 171(a) (2), and 265(a)(2) and
11 amounts disallowed as interest expense by Section
12 291(a)(3) of the Internal Revenue Code, as now or
13 hereafter amended, and all amounts of expenses
14 allocable to interest and disallowed as deductions
15 by Section 265(a)(1) of the Internal Revenue Code,
16 as now or hereafter amended; and (ii) for taxable
17 years ending on or after August 13, 1999, Sections
18 171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
19 of the Internal Revenue Code; the provisions of this
20 subparagraph are exempt from the provisions of
21 Section 250;
22 (J) An amount equal to all amounts included in
23 such total which are exempt from taxation by this
24 State either by reason of its statutes or
25 Constitution or by reason of the Constitution,
26 treaties or statutes of the United States; provided
27 that, in the case of any statute of this State that
28 exempts income derived from bonds or other
29 obligations from the tax imposed under this Act, the
30 amount exempted shall be the interest net of bond
31 premium amortization;
32 (K) An amount equal to those dividends
33 included in such total which were paid by a
34 corporation which conducts business operations in an
-190- LRB9203186EGfg
1 Enterprise Zone or zones created under the Illinois
2 Enterprise Zone Act and conducts substantially all
3 of its operations in an Enterprise Zone or zones;
4 (L) An amount equal to those dividends
5 included in such total that were paid by a
6 corporation that conducts business operations in a
7 federally designated Foreign Trade Zone or Sub-Zone
8 and that is designated a High Impact Business
9 located in Illinois; provided that dividends
10 eligible for the deduction provided in subparagraph
11 (K) of paragraph 2 of this subsection shall not be
12 eligible for the deduction provided under this
13 subparagraph (L);
14 (M) For any taxpayer that is a financial
15 organization within the meaning of Section 304(c) of
16 this Act, an amount included in such total as
17 interest income from a loan or loans made by such
18 taxpayer to a borrower, to the extent that such a
19 loan is secured by property which is eligible for
20 the Enterprise Zone Investment Credit. To determine
21 the portion of a loan or loans that is secured by
22 property eligible for a Section 201(f) 201(h)
23 investment credit to the borrower, the entire
24 principal amount of the loan or loans between the
25 taxpayer and the borrower should be divided into the
26 basis of the Section 201(f) 201(h) investment credit
27 property which secures the loan or loans, using for
28 this purpose the original basis of such property on
29 the date that it was placed in service in the
30 Enterprise Zone. The subtraction modification
31 available to taxpayer in any year under this
32 subsection shall be that portion of the total
33 interest paid by the borrower with respect to such
34 loan attributable to the eligible property as
-191- LRB9203186EGfg
1 calculated under the previous sentence;
2 (M-1) For any taxpayer that is a financial
3 organization within the meaning of Section 304(c) of
4 this Act, an amount included in such total as
5 interest income from a loan or loans made by such
6 taxpayer to a borrower, to the extent that such a
7 loan is secured by property which is eligible for
8 the High Impact Business Investment Credit. To
9 determine the portion of a loan or loans that is
10 secured by property eligible for a Section 201(h)
11 201(i) investment credit to the borrower, the entire
12 principal amount of the loan or loans between the
13 taxpayer and the borrower should be divided into the
14 basis of the Section 201(h) 201(i) investment credit
15 property which secures the loan or loans, using for
16 this purpose the original basis of such property on
17 the date that it was placed in service in a
18 federally designated Foreign Trade Zone or Sub-Zone
19 located in Illinois. No taxpayer that is eligible
20 for the deduction provided in subparagraph (M) of
21 paragraph (2) of this subsection shall be eligible
22 for the deduction provided under this subparagraph
23 (M-1). The subtraction modification available to
24 taxpayers in any year under this subsection shall be
25 that portion of the total interest paid by the
26 borrower with respect to such loan attributable to
27 the eligible property as calculated under the
28 previous sentence;
29 (N) Two times any contribution made during the
30 taxable year to a designated zone organization to
31 the extent that the contribution (i) qualifies as a
32 charitable contribution under subsection (c) of
33 Section 170 of the Internal Revenue Code and (ii)
34 must, by its terms, be used for a project approved
-192- LRB9203186EGfg
1 by the Department of Commerce and Community Affairs
2 under Section 11 of the Illinois Enterprise Zone
3 Act;
4 (O) An amount equal to: (i) 85% for taxable
5 years ending on or before December 31, 1992, or, a
6 percentage equal to the percentage allowable under
7 Section 243(a)(1) of the Internal Revenue Code of
8 1986 for taxable years ending after December 31,
9 1992, of the amount by which dividends included in
10 taxable income and received from a corporation that
11 is not created or organized under the laws of the
12 United States or any state or political subdivision
13 thereof, including, for taxable years ending on or
14 after December 31, 1988, dividends received or
15 deemed received or paid or deemed paid under
16 Sections 951 through 964 of the Internal Revenue
17 Code, exceed the amount of the modification provided
18 under subparagraph (G) of paragraph (2) of this
19 subsection (b) which is related to such dividends;
20 plus (ii) 100% of the amount by which dividends,
21 included in taxable income and received, including,
22 for taxable years ending on or after December 31,
23 1988, dividends received or deemed received or paid
24 or deemed paid under Sections 951 through 964 of the
25 Internal Revenue Code, from any such corporation
26 specified in clause (i) that would but for the
27 provisions of Section 1504 (b) (3) of the Internal
28 Revenue Code be treated as a member of the
29 affiliated group which includes the dividend
30 recipient, exceed the amount of the modification
31 provided under subparagraph (G) of paragraph (2) of
32 this subsection (b) which is related to such
33 dividends;
34 (P) An amount equal to any contribution made
-193- LRB9203186EGfg
1 to a job training project established pursuant to
2 the Tax Increment Allocation Redevelopment Act;
3 (Q) An amount equal to the amount of the
4 deduction used to compute the federal income tax
5 credit for restoration of substantial amounts held
6 under claim of right for the taxable year pursuant
7 to Section 1341 of the Internal Revenue Code of
8 1986;
9 (R) In the case of an attorney-in-fact with
10 respect to whom an interinsurer or a reciprocal
11 insurer has made the election under Section 835 of
12 the Internal Revenue Code, 26 U.S.C. 835, an amount
13 equal to the excess, if any, of the amounts paid or
14 incurred by that interinsurer or reciprocal insurer
15 in the taxable year to the attorney-in-fact over the
16 deduction allowed to that interinsurer or reciprocal
17 insurer with respect to the attorney-in-fact under
18 Section 835(b) of the Internal Revenue Code for the
19 taxable year; and
20 (S) For taxable years ending on or after
21 December 31, 1997, in the case of a Subchapter S
22 corporation, an amount equal to all amounts of
23 income allocable to a shareholder subject to the
24 Personal Property Tax Replacement Income Tax imposed
25 by subsections (c) and (d) of Section 201 of this
26 Act, including amounts allocable to organizations
27 exempt from federal income tax by reason of Section
28 501(a) of the Internal Revenue Code. This
29 subparagraph (S) is exempt from the provisions of
30 Section 250.
31 (3) Special rule. For purposes of paragraph (2)
32 (A), "gross income" in the case of a life insurance
33 company, for tax years ending on and after December 31,
34 1994, shall mean the gross investment income for the
-194- LRB9203186EGfg
1 taxable year.
2 (c) Trusts and estates.
3 (1) In general. In the case of a trust or estate,
4 base income means an amount equal to the taxpayer's
5 taxable income for the taxable year as modified by
6 paragraph (2).
7 (2) Modifications. Subject to the provisions of
8 paragraph (3), the taxable income referred to in
9 paragraph (1) shall be modified by adding thereto the sum
10 of the following amounts:
11 (A) An amount equal to all amounts paid or
12 accrued to the taxpayer as interest or dividends
13 during the taxable year to the extent excluded from
14 gross income in the computation of taxable income;
15 (B) In the case of (i) an estate, $600; (ii) a
16 trust which, under its governing instrument, is
17 required to distribute all of its income currently,
18 $300; and (iii) any other trust, $100, but in each
19 such case, only to the extent such amount was
20 deducted in the computation of taxable income;
21 (C) An amount equal to the amount of tax
22 imposed by this Act to the extent deducted from
23 gross income in the computation of taxable income
24 for the taxable year;
25 (D) The amount of any net operating loss
26 deduction taken in arriving at taxable income, other
27 than a net operating loss carried forward from a
28 taxable year ending prior to December 31, 1986;
29 (E) For taxable years in which a net operating
30 loss carryback or carryforward from a taxable year
31 ending prior to December 31, 1986 is an element of
32 taxable income under paragraph (1) of subsection (e)
33 or subparagraph (E) of paragraph (2) of subsection
34 (e), the amount by which addition modifications
-195- LRB9203186EGfg
1 other than those provided by this subparagraph (E)
2 exceeded subtraction modifications in such taxable
3 year, with the following limitations applied in the
4 order that they are listed:
5 (i) the addition modification relating to
6 the net operating loss carried back or forward
7 to the taxable year from any taxable year
8 ending prior to December 31, 1986 shall be
9 reduced by the amount of addition modification
10 under this subparagraph (E) which related to
11 that net operating loss and which was taken
12 into account in calculating the base income of
13 an earlier taxable year, and
14 (ii) the addition modification relating
15 to the net operating loss carried back or
16 forward to the taxable year from any taxable
17 year ending prior to December 31, 1986 shall
18 not exceed the amount of such carryback or
19 carryforward;
20 For taxable years in which there is a net
21 operating loss carryback or carryforward from more
22 than one other taxable year ending prior to December
23 31, 1986, the addition modification provided in this
24 subparagraph (E) shall be the sum of the amounts
25 computed independently under the preceding
26 provisions of this subparagraph (E) for each such
27 taxable year;
28 (F) For taxable years ending on or after
29 January 1, 1989, an amount equal to the tax deducted
30 pursuant to Section 164 of the Internal Revenue Code
31 if the trust or estate is claiming the same tax for
32 purposes of the Illinois foreign tax credit under
33 Section 601 of this Act;
34 (G) An amount equal to the amount of the
-196- LRB9203186EGfg
1 capital gain deduction allowable under the Internal
2 Revenue Code, to the extent deducted from gross
3 income in the computation of taxable income; and
4 (G-5) For taxable years ending after December
5 31, 1997, an amount equal to any eligible
6 remediation costs that the trust or estate deducted
7 in computing adjusted gross income and for which the
8 trust or estate claims a credit under subsection (l)
9 of Section 201;
10 and by deducting from the total so obtained the sum of
11 the following amounts:
12 (H) An amount equal to all amounts included in
13 such total pursuant to the provisions of Sections
14 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
15 408 of the Internal Revenue Code or included in such
16 total as distributions under the provisions of any
17 retirement or disability plan for employees of any
18 governmental agency or unit, or retirement payments
19 to retired partners, which payments are excluded in
20 computing net earnings from self employment by
21 Section 1402 of the Internal Revenue Code and
22 regulations adopted pursuant thereto;
23 (I) The valuation limitation amount;
24 (J) An amount equal to the amount of any tax
25 imposed by this Act which was refunded to the
26 taxpayer and included in such total for the taxable
27 year;
28 (K) An amount equal to all amounts included in
29 taxable income as modified by subparagraphs (A),
30 (B), (C), (D), (E), (F) and (G) which are exempt
31 from taxation by this State either by reason of its
32 statutes or Constitution or by reason of the
33 Constitution, treaties or statutes of the United
34 States; provided that, in the case of any statute of
-197- LRB9203186EGfg
1 this State that exempts income derived from bonds or
2 other obligations from the tax imposed under this
3 Act, the amount exempted shall be the interest net
4 of bond premium amortization;
5 (L) With the exception of any amounts
6 subtracted under subparagraph (K), an amount equal
7 to the sum of all amounts disallowed as deductions
8 by (i) Sections 171(a) (2) and 265(a)(2) of the
9 Internal Revenue Code, as now or hereafter amended,
10 and all amounts of expenses allocable to interest
11 and disallowed as deductions by Section 265(1) of
12 the Internal Revenue Code of 1954, as now or
13 hereafter amended; and (ii) for taxable years ending
14 on or after August 13, 1999, Sections 171(a)(2),
15 265, 280C, and 832(b)(5)(B)(i) of the Internal
16 Revenue Code; the provisions of this subparagraph
17 are exempt from the provisions of Section 250;
18 (M) An amount equal to those dividends
19 included in such total which were paid by a
20 corporation which conducts business operations in an
21 Enterprise Zone or zones created under the Illinois
22 Enterprise Zone Act and conducts substantially all
23 of its operations in an Enterprise Zone or Zones;
24 (N) An amount equal to any contribution made
25 to a job training project established pursuant to
26 the Tax Increment Allocation Redevelopment Act;
27 (O) An amount equal to those dividends
28 included in such total that were paid by a
29 corporation that conducts business operations in a
30 federally designated Foreign Trade Zone or Sub-Zone
31 and that is designated a High Impact Business
32 located in Illinois; provided that dividends
33 eligible for the deduction provided in subparagraph
34 (M) of paragraph (2) of this subsection shall not be
-198- LRB9203186EGfg
1 eligible for the deduction provided under this
2 subparagraph (O);
3 (P) An amount equal to the amount of the
4 deduction used to compute the federal income tax
5 credit for restoration of substantial amounts held
6 under claim of right for the taxable year pursuant
7 to Section 1341 of the Internal Revenue Code of
8 1986; and
9 (Q) For taxable year 1999 and thereafter, an
10 amount equal to the amount of any (i) distributions,
11 to the extent includible in gross income for federal
12 income tax purposes, made to the taxpayer because of
13 his or her status as a victim of persecution for
14 racial or religious reasons by Nazi Germany or any
15 other Axis regime or as an heir of the victim and
16 (ii) items of income, to the extent includible in
17 gross income for federal income tax purposes,
18 attributable to, derived from or in any way related
19 to assets stolen from, hidden from, or otherwise
20 lost to a victim of persecution for racial or
21 religious reasons by Nazi Germany or any other Axis
22 regime immediately prior to, during, and immediately
23 after World War II, including, but not limited to,
24 interest on the proceeds receivable as insurance
25 under policies issued to a victim of persecution for
26 racial or religious reasons by Nazi Germany or any
27 other Axis regime by European insurance companies
28 immediately prior to and during World War II;
29 provided, however, this subtraction from federal
30 adjusted gross income does not apply to assets
31 acquired with such assets or with the proceeds from
32 the sale of such assets; provided, further, this
33 paragraph shall only apply to a taxpayer who was the
34 first recipient of such assets after their recovery
-199- LRB9203186EGfg
1 and who is a victim of persecution for racial or
2 religious reasons by Nazi Germany or any other Axis
3 regime or as an heir of the victim. The amount of
4 and the eligibility for any public assistance,
5 benefit, or similar entitlement is not affected by
6 the inclusion of items (i) and (ii) of this
7 paragraph in gross income for federal income tax
8 purposes. This paragraph is exempt from the
9 provisions of Section 250.
10 (3) Limitation. The amount of any modification
11 otherwise required under this subsection shall, under
12 regulations prescribed by the Department, be adjusted by
13 any amounts included therein which were properly paid,
14 credited, or required to be distributed, or permanently
15 set aside for charitable purposes pursuant to Internal
16 Revenue Code Section 642(c) during the taxable year.
17 (d) Partnerships.
18 (1) In general. In the case of a partnership, base
19 income means an amount equal to the taxpayer's taxable
20 income for the taxable year as modified by paragraph (2).
21 (2) Modifications. The taxable income referred to
22 in paragraph (1) shall be modified by adding thereto the
23 sum of the following amounts:
24 (A) An amount equal to all amounts paid or
25 accrued to the taxpayer as interest or dividends
26 during the taxable year to the extent excluded from
27 gross income in the computation of taxable income;
28 (B) An amount equal to the amount of tax
29 imposed by this Act to the extent deducted from
30 gross income for the taxable year;
31 (C) The amount of deductions allowed to the
32 partnership pursuant to Section 707 (c) of the
33 Internal Revenue Code in calculating its taxable
34 income; and
-200- LRB9203186EGfg
1 (D) An amount equal to the amount of the
2 capital gain deduction allowable under the Internal
3 Revenue Code, to the extent deducted from gross
4 income in the computation of taxable income;
5 and by deducting from the total so obtained the following
6 amounts:
7 (E) The valuation limitation amount;
8 (F) An amount equal to the amount of any tax
9 imposed by this Act which was refunded to the
10 taxpayer and included in such total for the taxable
11 year;
12 (G) An amount equal to all amounts included in
13 taxable income as modified by subparagraphs (A),
14 (B), (C) and (D) which are exempt from taxation by
15 this State either by reason of its statutes or
16 Constitution or by reason of the Constitution,
17 treaties or statutes of the United States; provided
18 that, in the case of any statute of this State that
19 exempts income derived from bonds or other
20 obligations from the tax imposed under this Act, the
21 amount exempted shall be the interest net of bond
22 premium amortization;
23 (H) Any income of the partnership which
24 constitutes personal service income as defined in
25 Section 1348 (b) (1) of the Internal Revenue Code
26 (as in effect December 31, 1981) or a reasonable
27 allowance for compensation paid or accrued for
28 services rendered by partners to the partnership,
29 whichever is greater;
30 (I) An amount equal to all amounts of income
31 distributable to an entity subject to the Personal
32 Property Tax Replacement Income Tax imposed by
33 subsections (c) and (d) of Section 201 of this Act
34 including amounts distributable to organizations
-201- LRB9203186EGfg
1 exempt from federal income tax by reason of Section
2 501(a) of the Internal Revenue Code;
3 (J) With the exception of any amounts
4 subtracted under subparagraph (G), an amount equal
5 to the sum of all amounts disallowed as deductions
6 by (i) Sections 171(a) (2), and 265(2) of the
7 Internal Revenue Code of 1954, as now or hereafter
8 amended, and all amounts of expenses allocable to
9 interest and disallowed as deductions by Section
10 265(1) of the Internal Revenue Code, as now or
11 hereafter amended; and (ii) for taxable years ending
12 on or after August 13, 1999, Sections 171(a)(2),
13 265, 280C, and 832(b)(5)(B)(i) of the Internal
14 Revenue Code; the provisions of this subparagraph
15 are exempt from the provisions of Section 250;
16 (K) An amount equal to those dividends
17 included in such total which were paid by a
18 corporation which conducts business operations in an
19 Enterprise Zone or zones created under the Illinois
20 Enterprise Zone Act, enacted by the 82nd General
21 Assembly, and which does not conduct such operations
22 other than in an Enterprise Zone or Zones;
23 (L) An amount equal to any contribution made
24 to a job training project established pursuant to
25 the Real Property Tax Increment Allocation
26 Redevelopment Act;
27 (M) An amount equal to those dividends
28 included in such total that were paid by a
29 corporation that conducts business operations in a
30 federally designated Foreign Trade Zone or Sub-Zone
31 and that is designated a High Impact Business
32 located in Illinois; provided that dividends
33 eligible for the deduction provided in subparagraph
34 (K) of paragraph (2) of this subsection shall not be
-202- LRB9203186EGfg
1 eligible for the deduction provided under this
2 subparagraph (M); and
3 (N) An amount equal to the amount of the
4 deduction used to compute the federal income tax
5 credit for restoration of substantial amounts held
6 under claim of right for the taxable year pursuant
7 to Section 1341 of the Internal Revenue Code of
8 1986.
9 (e) Gross income; adjusted gross income; taxable income.
10 (1) In general. Subject to the provisions of
11 paragraph (2) and subsection (b) (3), for purposes of
12 this Section and Section 803(e), a taxpayer's gross
13 income, adjusted gross income, or taxable income for the
14 taxable year shall mean the amount of gross income,
15 adjusted gross income or taxable income properly
16 reportable for federal income tax purposes for the
17 taxable year under the provisions of the Internal Revenue
18 Code. Taxable income may be less than zero. However, for
19 taxable years ending on or after December 31, 1986, net
20 operating loss carryforwards from taxable years ending
21 prior to December 31, 1986, may not exceed the sum of
22 federal taxable income for the taxable year before net
23 operating loss deduction, plus the excess of addition
24 modifications over subtraction modifications for the
25 taxable year. For taxable years ending prior to December
26 31, 1986, taxable income may never be an amount in excess
27 of the net operating loss for the taxable year as defined
28 in subsections (c) and (d) of Section 172 of the Internal
29 Revenue Code, provided that when taxable income of a
30 corporation (other than a Subchapter S corporation),
31 trust, or estate is less than zero and addition
32 modifications, other than those provided by subparagraph
33 (E) of paragraph (2) of subsection (b) for corporations
34 or subparagraph (E) of paragraph (2) of subsection (c)
-203- LRB9203186EGfg
1 for trusts and estates, exceed subtraction modifications,
2 an addition modification must be made under those
3 subparagraphs for any other taxable year to which the
4 taxable income less than zero (net operating loss) is
5 applied under Section 172 of the Internal Revenue Code or
6 under subparagraph (E) of paragraph (2) of this
7 subsection (e) applied in conjunction with Section 172 of
8 the Internal Revenue Code.
9 (2) Special rule. For purposes of paragraph (1) of
10 this subsection, the taxable income properly reportable
11 for federal income tax purposes shall mean:
12 (A) Certain life insurance companies. In the
13 case of a life insurance company subject to the tax
14 imposed by Section 801 of the Internal Revenue Code,
15 life insurance company taxable income, plus the
16 amount of distribution from pre-1984 policyholder
17 surplus accounts as calculated under Section 815a of
18 the Internal Revenue Code;
19 (B) Certain other insurance companies. In the
20 case of mutual insurance companies subject to the
21 tax imposed by Section 831 of the Internal Revenue
22 Code, insurance company taxable income;
23 (C) Regulated investment companies. In the
24 case of a regulated investment company subject to
25 the tax imposed by Section 852 of the Internal
26 Revenue Code, investment company taxable income;
27 (D) Real estate investment trusts. In the
28 case of a real estate investment trust subject to
29 the tax imposed by Section 857 of the Internal
30 Revenue Code, real estate investment trust taxable
31 income;
32 (E) Consolidated corporations. In the case of
33 a corporation which is a member of an affiliated
34 group of corporations filing a consolidated income
-204- LRB9203186EGfg
1 tax return for the taxable year for federal income
2 tax purposes, taxable income determined as if such
3 corporation had filed a separate return for federal
4 income tax purposes for the taxable year and each
5 preceding taxable year for which it was a member of
6 an affiliated group. For purposes of this
7 subparagraph, the taxpayer's separate taxable income
8 shall be determined as if the election provided by
9 Section 243(b) (2) of the Internal Revenue Code had
10 been in effect for all such years;
11 (F) Cooperatives. In the case of a
12 cooperative corporation or association, the taxable
13 income of such organization determined in accordance
14 with the provisions of Section 1381 through 1388 of
15 the Internal Revenue Code;
16 (G) Subchapter S corporations. In the case
17 of: (i) a Subchapter S corporation for which there
18 is in effect an election for the taxable year under
19 Section 1362 of the Internal Revenue Code, the
20 taxable income of such corporation determined in
21 accordance with Section 1363(b) of the Internal
22 Revenue Code, except that taxable income shall take
23 into account those items which are required by
24 Section 1363(b)(1) of the Internal Revenue Code to
25 be separately stated; and (ii) a Subchapter S
26 corporation for which there is in effect a federal
27 election to opt out of the provisions of the
28 Subchapter S Revision Act of 1982 and have applied
29 instead the prior federal Subchapter S rules as in
30 effect on July 1, 1982, the taxable income of such
31 corporation determined in accordance with the
32 federal Subchapter S rules as in effect on July 1,
33 1982; and
34 (H) Partnerships. In the case of a
-205- LRB9203186EGfg
1 partnership, taxable income determined in accordance
2 with Section 703 of the Internal Revenue Code,
3 except that taxable income shall take into account
4 those items which are required by Section 703(a)(1)
5 to be separately stated but which would be taken
6 into account by an individual in calculating his
7 taxable income.
8 (f) Valuation limitation amount.
9 (1) In general. The valuation limitation amount
10 referred to in subsections (a) (2) (G), (c) (2) (I) and
11 (d)(2) (E) is an amount equal to:
12 (A) The sum of the pre-August 1, 1969
13 appreciation amounts (to the extent consisting of
14 gain reportable under the provisions of Section 1245
15 or 1250 of the Internal Revenue Code) for all
16 property in respect of which such gain was reported
17 for the taxable year; plus
18 (B) The lesser of (i) the sum of the
19 pre-August 1, 1969 appreciation amounts (to the
20 extent consisting of capital gain) for all property
21 in respect of which such gain was reported for
22 federal income tax purposes for the taxable year, or
23 (ii) the net capital gain for the taxable year,
24 reduced in either case by any amount of such gain
25 included in the amount determined under subsection
26 (a) (2) (F) or (c) (2) (H).
27 (2) Pre-August 1, 1969 appreciation amount.
28 (A) If the fair market value of property
29 referred to in paragraph (1) was readily
30 ascertainable on August 1, 1969, the pre-August 1,
31 1969 appreciation amount for such property is the
32 lesser of (i) the excess of such fair market value
33 over the taxpayer's basis (for determining gain) for
34 such property on that date (determined under the
-206- LRB9203186EGfg
1 Internal Revenue Code as in effect on that date), or
2 (ii) the total gain realized and reportable for
3 federal income tax purposes in respect of the sale,
4 exchange or other disposition of such property.
5 (B) If the fair market value of property
6 referred to in paragraph (1) was not readily
7 ascertainable on August 1, 1969, the pre-August 1,
8 1969 appreciation amount for such property is that
9 amount which bears the same ratio to the total gain
10 reported in respect of the property for federal
11 income tax purposes for the taxable year, as the
12 number of full calendar months in that part of the
13 taxpayer's holding period for the property ending
14 July 31, 1969 bears to the number of full calendar
15 months in the taxpayer's entire holding period for
16 the property.
17 (C) The Department shall prescribe such
18 regulations as may be necessary to carry out the
19 purposes of this paragraph.
20 (g) Double deductions. Unless specifically provided
21 otherwise, nothing in this Section shall permit the same item
22 to be deducted more than once.
23 (h) Legislative intention. Except as expressly provided
24 by this Section there shall be no modifications or
25 limitations on the amounts of income, gain, loss or deduction
26 taken into account in determining gross income, adjusted
27 gross income or taxable income for federal income tax
28 purposes for the taxable year, or in the amount of such items
29 entering into the computation of base income and net income
30 under this Act for such taxable year, whether in respect of
31 property values as of August 1, 1969 or otherwise.
32 (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98;
33 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff.
-207- LRB9203186EGfg
1 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676,
2 eff. 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01;
3 revised 1-15-01.)
4 (35 ILCS 5/703) (from Ch. 120, par. 7-703)
5 Sec. 703. Information statement. Every employer required
6 to deduct and withhold tax under this Act from compensation
7 of an employee, or who would have been required so to deduct
8 and withhold tax if the employee's withholding exemption were
9 not in excess of the basic amount in Section 204(b), shall
10 furnish in duplicate to each such employee in respect of the
11 compensation paid by such employer to such employee during
12 the calendar year on or before January 31 of the succeeding
13 year, or, if his employment is terminated before the close of
14 such calendar year, on the date on which the last payment of
15 compensation is made, a written statement in such form as the
16 Department may by regulation prescribe showing the amount of
17 compensation paid by the employer to the employee, the amount
18 deducted and withheld as tax, the tax-exempt amount
19 contributed to a medical savings account, and such other
20 information as the Department shall prescribe. A copy of such
21 statement shall be filed by the employee with his return for
22 his taxable year to which it relates (as determined under
23 Section 601(b)(1)).
24 (Source: P.A. 90-613, eff. 7-9-98; 91-841, eff. 6-22-00;
25 revised 9-1-00.)
26 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
27 Sec. 901. Collection Authority.
28 (a) In general.
29 The Department shall collect the taxes imposed by this
30 Act. The Department shall collect certified past due child
31 support amounts under Section 2505-650 of the Department of
32 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
-208- LRB9203186EGfg
1 subsections (c) and (e) of this Section, money collected
2 pursuant to subsections (a) and (b) of Section 201 of this
3 Act shall be paid into the General Revenue Fund in the State
4 treasury; money collected pursuant to subsections (c) and (d)
5 of Section 201 of this Act shall be paid into the Personal
6 Property Tax Replacement Fund, a special fund in the State
7 Treasury; and money collected under Section 2505-650 of the
8 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
9 paid into the Child Support Enforcement Trust Fund, a special
10 fund outside the State Treasury, or to the State Disbursement
11 Unit established under Section 10-26 of the Illinois Public
12 Aid Code, as directed by the Department of Public Aid.
13 (b) Local Governmental Distributive Fund.
14 Beginning August 1, 1969, and continuing through June 30,
15 1994, the Treasurer shall transfer each month from the
16 General Revenue Fund to a special fund in the State treasury,
17 to be known as the "Local Government Distributive Fund", an
18 amount equal to 1/12 of the net revenue realized from the tax
19 imposed by subsections (a) and (b) of Section 201 of this Act
20 during the preceding month. Beginning July 1, 1994, and
21 continuing through June 30, 1995, the Treasurer shall
22 transfer each month from the General Revenue Fund to the
23 Local Government Distributive Fund an amount equal to 1/11 of
24 the net revenue realized from the tax imposed by subsections
25 (a) and (b) of Section 201 of this Act during the preceding
26 month. Beginning July 1, 1995, the Treasurer shall transfer
27 each month from the General Revenue Fund to the Local
28 Government Distributive Fund an amount equal to 1/10 of the
29 net revenue realized from the tax imposed by subsections (a)
30 and (b) of Section 201 of the Illinois Income Tax Act during
31 the preceding month. Net revenue realized for a month shall
32 be defined as the revenue from the tax imposed by subsections
33 (a) and (b) of Section 201 of this Act which is deposited in
34 the General Revenue Fund, the Educational Assistance Fund and
-209- LRB9203186EGfg
1 the Income Tax Surcharge Local Government Distributive Fund
2 during the month minus the amount paid out of the General
3 Revenue Fund in State warrants during that same month as
4 refunds to taxpayers for overpayment of liability under the
5 tax imposed by subsections (a) and (b) of Section 201 of this
6 Act.
7 (c) Deposits Into Income Tax Refund Fund.
8 (1) Beginning on January 1, 1989 and thereafter,
9 the Department shall deposit a percentage of the amounts
10 collected pursuant to subsections (a) and (b)(1), (2),
11 and (3), of Section 201 of this Act into a fund in the
12 State treasury known as the Income Tax Refund Fund. The
13 Department shall deposit 6% of such amounts during the
14 period beginning January 1, 1989 and ending on June 30,
15 1989. Beginning with State fiscal year 1990 and for each
16 fiscal year thereafter, the percentage deposited into the
17 Income Tax Refund Fund during a fiscal year shall be the
18 Annual Percentage. For fiscal years 1999 through 2001,
19 the Annual Percentage shall be 7.1%. For all other
20 fiscal years, the Annual Percentage shall be calculated
21 as a fraction, the numerator of which shall be the amount
22 of refunds approved for payment by the Department during
23 the preceding fiscal year as a result of overpayment of
24 tax liability under subsections (a) and (b)(1), (2), and
25 (3) of Section 201 of this Act plus the amount of such
26 refunds remaining approved but unpaid at the end of the
27 preceding fiscal year, the denominator of which shall be
28 the amounts which will be collected pursuant to
29 subsections (a) and (b)(1), (2), and (3) of Section 201
30 of this Act during the preceding fiscal year. The
31 Director of Revenue shall certify the Annual Percentage
32 to the Comptroller on the last business day of the fiscal
33 year immediately preceding the fiscal year for which it
34 is to be effective.
-210- LRB9203186EGfg
1 (2) Beginning on January 1, 1989 and thereafter,
2 the Department shall deposit a percentage of the amounts
3 collected pursuant to subsections (a) and (b)(6), (7),
4 and (8), (c) and (d) of Section 201 of this Act into a
5 fund in the State treasury known as the Income Tax Refund
6 Fund. The Department shall deposit 18% of such amounts
7 during the period beginning January 1, 1989 and ending on
8 June 30, 1989. Beginning with State fiscal year 1990 and
9 for each fiscal year thereafter, the percentage deposited
10 into the Income Tax Refund Fund during a fiscal year
11 shall be the Annual Percentage. For fiscal years 1999,
12 2000, and 2001, the Annual Percentage shall be 19%. For
13 all other fiscal years, the Annual Percentage shall be
14 calculated as a fraction, the numerator of which shall be
15 the amount of refunds approved for payment by the
16 Department during the preceding fiscal year as a result
17 of overpayment of tax liability under subsections (a) and
18 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
19 Act plus the amount of such refunds remaining approved
20 but unpaid at the end of the preceding fiscal year, the
21 denominator of which shall be the amounts which will be
22 collected pursuant to subsections (a) and (b)(6), (7),
23 and (8), (c) and (d) of Section 201 of this Act during
24 the preceding fiscal year. The Director of Revenue shall
25 certify the Annual Percentage to the Comptroller on the
26 last business day of the fiscal year immediately
27 preceding the fiscal year for which it is to be
28 effective.
29 (3) The Comptroller shall order transferred and the
30 Treasurer shall transfer from the Tobacco Settlement
31 Recovery Fund to the Income Tax Refund Fund (i)
32 $35,000,000 in January, 2001, (ii) $35,000,000 in
33 January, 2002, and (iii) $35,000,000 in January, 2003.
34 (d) Expenditures from Income Tax Refund Fund.
-211- LRB9203186EGfg
1 (1) Beginning January 1, 1989, money in the Income
2 Tax Refund Fund shall be expended exclusively for the
3 purpose of paying refunds resulting from overpayment of
4 tax liability under Section 201 of this Act, for paying
5 rebates under Section 208.1 in the event that the amounts
6 in the Homeowners' Tax Relief Fund are insufficient for
7 that purpose, and for making transfers pursuant to this
8 subsection (d).
9 (2) The Director shall order payment of refunds
10 resulting from overpayment of tax liability under Section
11 201 of this Act from the Income Tax Refund Fund only to
12 the extent that amounts collected pursuant to Section 201
13 of this Act and transfers pursuant to this subsection (d)
14 and item (3) of subsection (c) have been deposited and
15 retained in the Fund.
16 (3) As soon as possible after the end of each
17 fiscal year, the Director shall order transferred and the
18 State Treasurer and State Comptroller shall transfer from
19 the Income Tax Refund Fund to the Personal Property Tax
20 Replacement Fund an amount, certified by the Director to
21 the Comptroller, equal to the excess of the amount
22 collected pursuant to subsections (c) and (d) of Section
23 201 of this Act deposited into the Income Tax Refund Fund
24 during the fiscal year over the amount of refunds
25 resulting from overpayment of tax liability under
26 subsections (c) and (d) of Section 201 of this Act paid
27 from the Income Tax Refund Fund during the fiscal year.
28 (4) As soon as possible after the end of each
29 fiscal year, the Director shall order transferred and the
30 State Treasurer and State Comptroller shall transfer from
31 the Personal Property Tax Replacement Fund to the Income
32 Tax Refund Fund an amount, certified by the Director to
33 the Comptroller, equal to the excess of the amount of
34 refunds resulting from overpayment of tax liability under
-212- LRB9203186EGfg
1 subsections (c) and (d) of Section 201 of this Act paid
2 from the Income Tax Refund Fund during the fiscal year
3 over the amount collected pursuant to subsections (c) and
4 (d) of Section 201 of this Act deposited into the Income
5 Tax Refund Fund during the fiscal year.
6 (4.5) As soon as possible after the end of fiscal
7 year 1999 and of each fiscal year thereafter, the
8 Director shall order transferred and the State Treasurer
9 and State Comptroller shall transfer from the Income Tax
10 Refund Fund to the General Revenue Fund any surplus
11 remaining in the Income Tax Refund Fund as of the end of
12 such fiscal year; excluding for fiscal years 2000, 2001,
13 and 2002 amounts attributable to transfers under item (3)
14 of subsection (c) less refunds resulting from the earned
15 income tax credit.
16 (5) This Act shall constitute an irrevocable and
17 continuing appropriation from the Income Tax Refund Fund
18 for the purpose of paying refunds upon the order of the
19 Director in accordance with the provisions of this
20 Section.
21 (e) Deposits into the Education Assistance Fund and the
22 Income Tax Surcharge Local Government Distributive Fund.
23 On July 1, 1991, and thereafter, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of this
25 Act, minus deposits into the Income Tax Refund Fund, the
26 Department shall deposit 7.3% into the Education Assistance
27 Fund in the State Treasury. Beginning July 1, 1991, and
28 continuing through January 31, 1993, of the amounts collected
29 pursuant to subsections (a) and (b) of Section 201 of the
30 Illinois Income Tax Act, minus deposits into the Income Tax
31 Refund Fund, the Department shall deposit 3.0% into the
32 Income Tax Surcharge Local Government Distributive Fund in
33 the State Treasury. Beginning February 1, 1993 and
34 continuing through June 30, 1993, of the amounts collected
-213- LRB9203186EGfg
1 pursuant to subsections (a) and (b) of Section 201 of the
2 Illinois Income Tax Act, minus deposits into the Income Tax
3 Refund Fund, the Department shall deposit 4.4% into the
4 Income Tax Surcharge Local Government Distributive Fund in
5 the State Treasury. Beginning July 1, 1993, and continuing
6 through June 30, 1994, of the amounts collected under
7 subsections (a) and (b) of Section 201 of this Act, minus
8 deposits into the Income Tax Refund Fund, the Department
9 shall deposit 1.475% into the Income Tax Surcharge Local
10 Government Distributive Fund in the State Treasury.
11 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
12 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff.
13 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised
14 6-28-00.)
15 Section 33. The Use Tax Act is amended by changing
16 Sections 3-55 and 9 as follows:
17 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
18 Sec. 3-55. Multistate exemption. The tax imposed by
19 this Act does not apply to the use of tangible personal
20 property in this State under the following circumstances:
21 (a) The use, in this State, of tangible personal
22 property acquired outside this State by a nonresident
23 individual and brought into this State by the individual for
24 his or her own use while temporarily within this State or
25 while passing through this State.
26 (b) The use, in this State, of tangible personal
27 property by an interstate carrier for hire as rolling stock
28 moving in interstate commerce or by lessors under a lease of
29 one year or longer executed or in effect at the time of
30 purchase of tangible personal property by interstate carriers
31 for-hire for use as rolling stock moving in interstate
32 commerce as long as so used by the interstate carriers
-214- LRB9203186EGfg
1 for-hire, and equipment operated by a telecommunications
2 provider, licensed as a common carrier by the Federal
3 Communications Commission, which is permanently installed in
4 or affixed to aircraft moving in interstate commerce.
5 (c) The use, in this State, by owners, lessors, or
6 shippers of tangible personal property that is utilized by
7 interstate carriers for hire for use as rolling stock moving
8 in interstate commerce as long as so used by the interstate
9 carriers for hire, and equipment operated by a
10 telecommunications provider, licensed as a common carrier by
11 the Federal Communications Commission, which is permanently
12 installed in or affixed to aircraft moving in interstate
13 commerce.
14 (d) The use, in this State, of tangible personal
15 property that is acquired outside this State and caused to be
16 brought into this State by a person who has already paid a
17 tax in another State in respect to the sale, purchase, or use
18 of that property, to the extent of the amount of the tax
19 properly due and paid in the other State.
20 (e) The temporary storage, in this State, of tangible
21 personal property that is acquired outside this State and
22 that, after being brought into this State and stored here
23 temporarily, is used solely outside this State or is
24 physically attached to or incorporated into other tangible
25 personal property that is used solely outside this State, or
26 is altered by converting, fabricating, manufacturing,
27 printing, processing, or shaping, and, as altered, is used
28 solely outside this State.
29 (f) The temporary storage in this State of building
30 materials and fixtures that are acquired either in this State
31 or outside this State by an Illinois registered combination
32 retailer and construction contractor, and that the purchaser
33 thereafter uses outside this State by incorporating that
34 property into real estate located outside this State.
-215- LRB9203186EGfg
1 (g) The use or purchase of tangible personal property by
2 a common carrier by rail or motor that receives the physical
3 possession of the property in Illinois, and that transports
4 the property, or shares with another common carrier in the
5 transportation of the property, out of Illinois on a standard
6 uniform bill of lading showing the seller of the property as
7 the shipper or consignor of the property to a destination
8 outside Illinois, for use outside Illinois.
9 (h) The use, in this State, of a motor vehicle that was
10 sold in this State to a nonresident, even though the motor
11 vehicle is delivered to the nonresident in this State, if the
12 motor vehicle is not to be titled in this State, and if a
13 driveaway decal permit is issued to the motor vehicle as
14 provided in Section 3-603 of the Illinois Vehicle Code or if
15 the nonresident purchaser has vehicle registration plates to
16 transfer to the motor vehicle upon returning to his or her
17 home state. The issuance of the driveaway decal permit or
18 having the out-of-state registration plates to be transferred
19 shall be prima facie evidence that the motor vehicle will not
20 be titled in this State.
21 (i) Beginning July 1, 1999, the use, in this State, of
22 fuel acquired outside this State and brought into this State
23 in the fuel supply tanks of locomotives engaged in freight
24 hauling and passenger service for interstate commerce. This
25 subsection is exempt from the provisions of Section 3-90.
26 (Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97;
27 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff.
28 8-14-99; revised 9-29-99.)
29 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
30 Sec. 9. Except as to motor vehicles, watercraft,
31 aircraft, and trailers that are required to be registered
32 with an agency of this State, each retailer required or
33 authorized to collect the tax imposed by this Act shall pay
-216- LRB9203186EGfg
1 to the Department the amount of such tax (except as otherwise
2 provided) at the time when he is required to file his return
3 for the period during which such tax was collected, less a
4 discount of 2.1% prior to January 1, 1990, and 1.75% on and
5 after January 1, 1990, or $5 per calendar year, whichever is
6 greater, which is allowed to reimburse the retailer for
7 expenses incurred in collecting the tax, keeping records,
8 preparing and filing returns, remitting the tax and supplying
9 data to the Department on request. In the case of retailers
10 who report and pay the tax on a transaction by transaction
11 basis, as provided in this Section, such discount shall be
12 taken with each such tax remittance instead of when such
13 retailer files his periodic return. A retailer need not
14 remit that part of any tax collected by him to the extent
15 that he is required to remit and does remit the tax imposed
16 by the Retailers' Occupation Tax Act, with respect to the
17 sale of the same property.
18 Where such tangible personal property is sold under a
19 conditional sales contract, or under any other form of sale
20 wherein the payment of the principal sum, or a part thereof,
21 is extended beyond the close of the period for which the
22 return is filed, the retailer, in collecting the tax (except
23 as to motor vehicles, watercraft, aircraft, and trailers that
24 are required to be registered with an agency of this State),
25 may collect for each tax return period, only the tax
26 applicable to that part of the selling price actually
27 received during such tax return period.
28 Except as provided in this Section, on or before the
29 twentieth day of each calendar month, such retailer shall
30 file a return for the preceding calendar month. Such return
31 shall be filed on forms prescribed by the Department and
32 shall furnish such information as the Department may
33 reasonably require.
34 The Department may require returns to be filed on a
-217- LRB9203186EGfg
1 quarterly basis. If so required, a return for each calendar
2 quarter shall be filed on or before the twentieth day of the
3 calendar month following the end of such calendar quarter.
4 The taxpayer shall also file a return with the Department for
5 each of the first two months of each calendar quarter, on or
6 before the twentieth day of the following calendar month,
7 stating:
8 1. The name of the seller;
9 2. The address of the principal place of business
10 from which he engages in the business of selling tangible
11 personal property at retail in this State;
12 3. The total amount of taxable receipts received by
13 him during the preceding calendar month from sales of
14 tangible personal property by him during such preceding
15 calendar month, including receipts from charge and time
16 sales, but less all deductions allowed by law;
17 4. The amount of credit provided in Section 2d of
18 this Act;
19 5. The amount of tax due;
20 5-5. The signature of the taxpayer; and
21 6. Such other reasonable information as the
22 Department may require.
23 If a taxpayer fails to sign a return within 30 days after
24 the proper notice and demand for signature by the Department,
25 the return shall be considered valid and any amount shown to
26 be due on the return shall be deemed assessed.
27 Beginning October 1, 1993, a taxpayer who has an average
28 monthly tax liability of $150,000 or more shall make all
29 payments required by rules of the Department by electronic
30 funds transfer. Beginning October 1, 1994, a taxpayer who has
31 an average monthly tax liability of $100,000 or more shall
32 make all payments required by rules of the Department by
33 electronic funds transfer. Beginning October 1, 1995, a
34 taxpayer who has an average monthly tax liability of $50,000
-218- LRB9203186EGfg
1 or more shall make all payments required by rules of the
2 Department by electronic funds transfer. Beginning October 1,
3 2000, a taxpayer who has an annual tax liability of $200,000
4 or more shall make all payments required by rules of the
5 Department by electronic funds transfer. The term "annual
6 tax liability" shall be the sum of the taxpayer's liabilities
7 under this Act, and under all other State and local
8 occupation and use tax laws administered by the Department,
9 for the immediately preceding calendar year. The term
10 "average monthly tax liability" means the sum of the
11 taxpayer's liabilities under this Act, and under all other
12 State and local occupation and use tax laws administered by
13 the Department, for the immediately preceding calendar year
14 divided by 12.
15 Before August 1 of each year beginning in 1993, the
16 Department shall notify all taxpayers required to make
17 payments by electronic funds transfer. All taxpayers required
18 to make payments by electronic funds transfer shall make
19 those payments for a minimum of one year beginning on October
20 1.
21 Any taxpayer not required to make payments by electronic
22 funds transfer may make payments by electronic funds transfer
23 with the permission of the Department.
24 All taxpayers required to make payment by electronic
25 funds transfer and any taxpayers authorized to voluntarily
26 make payments by electronic funds transfer shall make those
27 payments in the manner authorized by the Department.
28 The Department shall adopt such rules as are necessary to
29 effectuate a program of electronic funds transfer and the
30 requirements of this Section.
31 Before October 1, 2000, if the taxpayer's average monthly
32 tax liability to the Department under this Act, the
33 Retailers' Occupation Tax Act, the Service Occupation Tax
34 Act, the Service Use Tax Act was $10,000 or more during the
-219- LRB9203186EGfg
1 preceding 4 complete calendar quarters, he shall file a
2 return with the Department each month by the 20th day of the
3 month next following the month during which such tax
4 liability is incurred and shall make payments to the
5 Department on or before the 7th, 15th, 22nd and last day of
6 the month during which such liability is incurred. On and
7 after October 1, 2000, if the taxpayer's average monthly tax
8 liability to the Department under this Act, the Retailers'
9 Occupation Tax Act, the Service Occupation Tax Act, and the
10 Service Use Tax Act was $20,000 or more during the preceding
11 4 complete calendar quarters, he shall file a return with the
12 Department each month by the 20th day of the month next
13 following the month during which such tax liability is
14 incurred and shall make payment to the Department on or
15 before the 7th, 15th, 22nd and last day of the month during
16 which such liability is incurred. If the month during which
17 such tax liability is incurred began prior to January 1,
18 1985, each payment shall be in an amount equal to 1/4 of the
19 taxpayer's actual liability for the month or an amount set by
20 the Department not to exceed 1/4 of the average monthly
21 liability of the taxpayer to the Department for the preceding
22 4 complete calendar quarters (excluding the month of highest
23 liability and the month of lowest liability in such 4 quarter
24 period). If the month during which such tax liability is
25 incurred begins on or after January 1, 1985, and prior to
26 January 1, 1987, each payment shall be in an amount equal to
27 22.5% of the taxpayer's actual liability for the month or
28 27.5% of the taxpayer's liability for the same calendar month
29 of the preceding year. If the month during which such tax
30 liability is incurred begins on or after January 1, 1987, and
31 prior to January 1, 1988, each payment shall be in an amount
32 equal to 22.5% of the taxpayer's actual liability for the
33 month or 26.25% of the taxpayer's liability for the same
34 calendar month of the preceding year. If the month during
-220- LRB9203186EGfg
1 which such tax liability is incurred begins on or after
2 January 1, 1988, and prior to January 1, 1989, or begins on
3 or after January 1, 1996, each payment shall be in an amount
4 equal to 22.5% of the taxpayer's actual liability for the
5 month or 25% of the taxpayer's liability for the same
6 calendar month of the preceding year. If the month during
7 which such tax liability is incurred begins on or after
8 January 1, 1989, and prior to January 1, 1996, each payment
9 shall be in an amount equal to 22.5% of the taxpayer's actual
10 liability for the month or 25% of the taxpayer's liability
11 for the same calendar month of the preceding year or 100% of
12 the taxpayer's actual liability for the quarter monthly
13 reporting period. The amount of such quarter monthly
14 payments shall be credited against the final tax liability of
15 the taxpayer's return for that month. Before October 1,
16 2000, once applicable, the requirement of the making of
17 quarter monthly payments to the Department shall continue
18 until such taxpayer's average monthly liability to the
19 Department during the preceding 4 complete calendar quarters
20 (excluding the month of highest liability and the month of
21 lowest liability) is less than $9,000, or until such
22 taxpayer's average monthly liability to the Department as
23 computed for each calendar quarter of the 4 preceding
24 complete calendar quarter period is less than $10,000.
25 However, if a taxpayer can show the Department that a
26 substantial change in the taxpayer's business has occurred
27 which causes the taxpayer to anticipate that his average
28 monthly tax liability for the reasonably foreseeable future
29 will fall below the $10,000 threshold stated above, then such
30 taxpayer may petition the Department for change in such
31 taxpayer's reporting status. On and after October 1, 2000,
32 once applicable, the requirement of the making of quarter
33 monthly payments to the Department shall continue until such
34 taxpayer's average monthly liability to the Department during
-221- LRB9203186EGfg
1 the preceding 4 complete calendar quarters (excluding the
2 month of highest liability and the month of lowest liability)
3 is less than $19,000 or until such taxpayer's average monthly
4 liability to the Department as computed for each calendar
5 quarter of the 4 preceding complete calendar quarter period
6 is less than $20,000. However, if a taxpayer can show the
7 Department that a substantial change in the taxpayer's
8 business has occurred which causes the taxpayer to anticipate
9 that his average monthly tax liability for the reasonably
10 foreseeable future will fall below the $20,000 threshold
11 stated above, then such taxpayer may petition the Department
12 for a change in such taxpayer's reporting status. The
13 Department shall change such taxpayer's reporting status
14 unless it finds that such change is seasonal in nature and
15 not likely to be long term. If any such quarter monthly
16 payment is not paid at the time or in the amount required by
17 this Section, then the taxpayer shall be liable for penalties
18 and interest on the difference between the minimum amount due
19 and the amount of such quarter monthly payment actually and
20 timely paid, except insofar as the taxpayer has previously
21 made payments for that month to the Department in excess of
22 the minimum payments previously due as provided in this
23 Section. The Department shall make reasonable rules and
24 regulations to govern the quarter monthly payment amount and
25 quarter monthly payment dates for taxpayers who file on other
26 than a calendar monthly basis.
27 If any such payment provided for in this Section exceeds
28 the taxpayer's liabilities under this Act, the Retailers'
29 Occupation Tax Act, the Service Occupation Tax Act and the
30 Service Use Tax Act, as shown by an original monthly return,
31 the Department shall issue to the taxpayer a credit
32 memorandum no later than 30 days after the date of payment,
33 which memorandum may be submitted by the taxpayer to the
34 Department in payment of tax liability subsequently to be
-222- LRB9203186EGfg
1 remitted by the taxpayer to the Department or be assigned by
2 the taxpayer to a similar taxpayer under this Act, the
3 Retailers' Occupation Tax Act, the Service Occupation Tax Act
4 or the Service Use Tax Act, in accordance with reasonable
5 rules and regulations to be prescribed by the Department,
6 except that if such excess payment is shown on an original
7 monthly return and is made after December 31, 1986, no credit
8 memorandum shall be issued, unless requested by the taxpayer.
9 If no such request is made, the taxpayer may credit such
10 excess payment against tax liability subsequently to be
11 remitted by the taxpayer to the Department under this Act,
12 the Retailers' Occupation Tax Act, the Service Occupation Tax
13 Act or the Service Use Tax Act, in accordance with reasonable
14 rules and regulations prescribed by the Department. If the
15 Department subsequently determines that all or any part of
16 the credit taken was not actually due to the taxpayer, the
17 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
18 by 2.1% or 1.75% of the difference between the credit taken
19 and that actually due, and the taxpayer shall be liable for
20 penalties and interest on such difference.
21 If the retailer is otherwise required to file a monthly
22 return and if the retailer's average monthly tax liability to
23 the Department does not exceed $200, the Department may
24 authorize his returns to be filed on a quarter annual basis,
25 with the return for January, February, and March of a given
26 year being due by April 20 of such year; with the return for
27 April, May and June of a given year being due by July 20 of
28 such year; with the return for July, August and September of
29 a given year being due by October 20 of such year, and with
30 the return for October, November and December of a given year
31 being due by January 20 of the following year.
32 If the retailer is otherwise required to file a monthly
33 or quarterly return and if the retailer's average monthly tax
34 liability to the Department does not exceed $50, the
-223- LRB9203186EGfg
1 Department may authorize his returns to be filed on an annual
2 basis, with the return for a given year being due by January
3 20 of the following year.
4 Such quarter annual and annual returns, as to form and
5 substance, shall be subject to the same requirements as
6 monthly returns.
7 Notwithstanding any other provision in this Act
8 concerning the time within which a retailer may file his
9 return, in the case of any retailer who ceases to engage in a
10 kind of business which makes him responsible for filing
11 returns under this Act, such retailer shall file a final
12 return under this Act with the Department not more than one
13 month after discontinuing such business.
14 In addition, with respect to motor vehicles, watercraft,
15 aircraft, and trailers that are required to be registered
16 with an agency of this State, every retailer selling this
17 kind of tangible personal property shall file, with the
18 Department, upon a form to be prescribed and supplied by the
19 Department, a separate return for each such item of tangible
20 personal property which the retailer sells, except that if,
21 in the same transaction, (i) a retailer of aircraft,
22 watercraft, motor vehicles or trailers transfers more than
23 one aircraft, watercraft, motor vehicle or trailer to another
24 aircraft, watercraft, motor vehicle or trailer retailer for
25 the purpose of resale or (ii) a retailer of aircraft,
26 watercraft, motor vehicles, or trailers transfers more than
27 one aircraft, watercraft, motor vehicle, or trailer to a
28 purchaser for use as a qualifying rolling stock as provided
29 in Section 3-55 of this Act, then that seller may report the
30 transfer of all the aircraft, watercraft, motor vehicles or
31 trailers involved in that transaction to the Department on
32 the same uniform invoice-transaction reporting return form.
33 For purposes of this Section, "watercraft" means a Class 2,
34 Class 3, or Class 4 watercraft as defined in Section 3-2 of
-224- LRB9203186EGfg
1 the Boat Registration and Safety Act, a personal watercraft,
2 or any boat equipped with an inboard motor.
3 The transaction reporting return in the case of motor
4 vehicles or trailers that are required to be registered with
5 an agency of this State, shall be the same document as the
6 Uniform Invoice referred to in Section 5-402 of the Illinois
7 Vehicle Code and must show the name and address of the
8 seller; the name and address of the purchaser; the amount of
9 the selling price including the amount allowed by the
10 retailer for traded-in property, if any; the amount allowed
11 by the retailer for the traded-in tangible personal property,
12 if any, to the extent to which Section 2 of this Act allows
13 an exemption for the value of traded-in property; the balance
14 payable after deducting such trade-in allowance from the
15 total selling price; the amount of tax due from the retailer
16 with respect to such transaction; the amount of tax collected
17 from the purchaser by the retailer on such transaction (or
18 satisfactory evidence that such tax is not due in that
19 particular instance, if that is claimed to be the fact); the
20 place and date of the sale; a sufficient identification of
21 the property sold; such other information as is required in
22 Section 5-402 of the Illinois Vehicle Code, and such other
23 information as the Department may reasonably require.
24 The transaction reporting return in the case of
25 watercraft and aircraft must show the name and address of the
26 seller; the name and address of the purchaser; the amount of
27 the selling price including the amount allowed by the
28 retailer for traded-in property, if any; the amount allowed
29 by the retailer for the traded-in tangible personal property,
30 if any, to the extent to which Section 2 of this Act allows
31 an exemption for the value of traded-in property; the balance
32 payable after deducting such trade-in allowance from the
33 total selling price; the amount of tax due from the retailer
34 with respect to such transaction; the amount of tax collected
-225- LRB9203186EGfg
1 from the purchaser by the retailer on such transaction (or
2 satisfactory evidence that such tax is not due in that
3 particular instance, if that is claimed to be the fact); the
4 place and date of the sale, a sufficient identification of
5 the property sold, and such other information as the
6 Department may reasonably require.
7 Such transaction reporting return shall be filed not
8 later than 20 days after the date of delivery of the item
9 that is being sold, but may be filed by the retailer at any
10 time sooner than that if he chooses to do so. The
11 transaction reporting return and tax remittance or proof of
12 exemption from the tax that is imposed by this Act may be
13 transmitted to the Department by way of the State agency with
14 which, or State officer with whom, the tangible personal
15 property must be titled or registered (if titling or
16 registration is required) if the Department and such agency
17 or State officer determine that this procedure will expedite
18 the processing of applications for title or registration.
19 With each such transaction reporting return, the retailer
20 shall remit the proper amount of tax due (or shall submit
21 satisfactory evidence that the sale is not taxable if that is
22 the case), to the Department or its agents, whereupon the
23 Department shall issue, in the purchaser's name, a tax
24 receipt (or a certificate of exemption if the Department is
25 satisfied that the particular sale is tax exempt) which such
26 purchaser may submit to the agency with which, or State
27 officer with whom, he must title or register the tangible
28 personal property that is involved (if titling or
29 registration is required) in support of such purchaser's
30 application for an Illinois certificate or other evidence of
31 title or registration to such tangible personal property.
32 No retailer's failure or refusal to remit tax under this
33 Act precludes a user, who has paid the proper tax to the
34 retailer, from obtaining his certificate of title or other
-226- LRB9203186EGfg
1 evidence of title or registration (if titling or registration
2 is required) upon satisfying the Department that such user
3 has paid the proper tax (if tax is due) to the retailer. The
4 Department shall adopt appropriate rules to carry out the
5 mandate of this paragraph.
6 If the user who would otherwise pay tax to the retailer
7 wants the transaction reporting return filed and the payment
8 of tax or proof of exemption made to the Department before
9 the retailer is willing to take these actions and such user
10 has not paid the tax to the retailer, such user may certify
11 to the fact of such delay by the retailer, and may (upon the
12 Department being satisfied of the truth of such
13 certification) transmit the information required by the
14 transaction reporting return and the remittance for tax or
15 proof of exemption directly to the Department and obtain his
16 tax receipt or exemption determination, in which event the
17 transaction reporting return and tax remittance (if a tax
18 payment was required) shall be credited by the Department to
19 the proper retailer's account with the Department, but
20 without the 2.1% or 1.75% discount provided for in this
21 Section being allowed. When the user pays the tax directly
22 to the Department, he shall pay the tax in the same amount
23 and in the same form in which it would be remitted if the tax
24 had been remitted to the Department by the retailer.
25 Where a retailer collects the tax with respect to the
26 selling price of tangible personal property which he sells
27 and the purchaser thereafter returns such tangible personal
28 property and the retailer refunds the selling price thereof
29 to the purchaser, such retailer shall also refund, to the
30 purchaser, the tax so collected from the purchaser. When
31 filing his return for the period in which he refunds such tax
32 to the purchaser, the retailer may deduct the amount of the
33 tax so refunded by him to the purchaser from any other use
34 tax which such retailer may be required to pay or remit to
-227- LRB9203186EGfg
1 the Department, as shown by such return, if the amount of the
2 tax to be deducted was previously remitted to the Department
3 by such retailer. If the retailer has not previously
4 remitted the amount of such tax to the Department, he is
5 entitled to no deduction under this Act upon refunding such
6 tax to the purchaser.
7 Any retailer filing a return under this Section shall
8 also include (for the purpose of paying tax thereon) the
9 total tax covered by such return upon the selling price of
10 tangible personal property purchased by him at retail from a
11 retailer, but as to which the tax imposed by this Act was not
12 collected from the retailer filing such return, and such
13 retailer shall remit the amount of such tax to the Department
14 when filing such return.
15 If experience indicates such action to be practicable,
16 the Department may prescribe and furnish a combination or
17 joint return which will enable retailers, who are required to
18 file returns hereunder and also under the Retailers'
19 Occupation Tax Act, to furnish all the return information
20 required by both Acts on the one form.
21 Where the retailer has more than one business registered
22 with the Department under separate registration under this
23 Act, such retailer may not file each return that is due as a
24 single return covering all such registered businesses, but
25 shall file separate returns for each such registered
26 business.
27 Beginning January 1, 1990, each month the Department
28 shall pay into the State and Local Sales Tax Reform Fund, a
29 special fund in the State Treasury which is hereby created,
30 the net revenue realized for the preceding month from the 1%
31 tax on sales of food for human consumption which is to be
32 consumed off the premises where it is sold (other than
33 alcoholic beverages, soft drinks and food which has been
34 prepared for immediate consumption) and prescription and
-228- LRB9203186EGfg
1 nonprescription medicines, drugs, medical appliances and
2 insulin, urine testing materials, syringes and needles used
3 by diabetics.
4 Beginning January 1, 1990, each month the Department
5 shall pay into the County and Mass Transit District Fund 4%
6 of the net revenue realized for the preceding month from the
7 6.25% general rate on the selling price of tangible personal
8 property which is purchased outside Illinois at retail from a
9 retailer and which is titled or registered by an agency of
10 this State's government.
11 Beginning January 1, 1990, each month the Department
12 shall pay into the State and Local Sales Tax Reform Fund, a
13 special fund in the State Treasury, 20% of the net revenue
14 realized for the preceding month from the 6.25% general rate
15 on the selling price of tangible personal property, other
16 than tangible personal property which is purchased outside
17 Illinois at retail from a retailer and which is titled or
18 registered by an agency of this State's government.
19 Beginning August 1, 2000, each month the Department shall
20 pay into the State and Local Sales Tax Reform Fund 100% of
21 the net revenue realized for the preceding month from the
22 1.25% rate on the selling price of motor fuel and gasohol.
23 Beginning January 1, 1990, each month the Department
24 shall pay into the Local Government Tax Fund 16% of the net
25 revenue realized for the preceding month from the 6.25%
26 general rate on the selling price of tangible personal
27 property which is purchased outside Illinois at retail from a
28 retailer and which is titled or registered by an agency of
29 this State's government.
30 Of the remainder of the moneys received by the Department
31 pursuant to this Act, (a) 1.75% thereof shall be paid into
32 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
33 and on and after July 1, 1989, 3.8% thereof shall be paid
34 into the Build Illinois Fund; provided, however, that if in
-229- LRB9203186EGfg
1 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
2 as the case may be, of the moneys received by the Department
3 and required to be paid into the Build Illinois Fund pursuant
4 to Section 3 of the Retailers' Occupation Tax Act, Section 9
5 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
6 Section 9 of the Service Occupation Tax Act, such Acts being
7 hereinafter called the "Tax Acts" and such aggregate of 2.2%
8 or 3.8%, as the case may be, of moneys being hereinafter
9 called the "Tax Act Amount", and (2) the amount transferred
10 to the Build Illinois Fund from the State and Local Sales Tax
11 Reform Fund shall be less than the Annual Specified Amount
12 (as defined in Section 3 of the Retailers' Occupation Tax
13 Act), an amount equal to the difference shall be immediately
14 paid into the Build Illinois Fund from other moneys received
15 by the Department pursuant to the Tax Acts; and further
16 provided, that if on the last business day of any month the
17 sum of (1) the Tax Act Amount required to be deposited into
18 the Build Illinois Bond Account in the Build Illinois Fund
19 during such month and (2) the amount transferred during such
20 month to the Build Illinois Fund from the State and Local
21 Sales Tax Reform Fund shall have been less than 1/12 of the
22 Annual Specified Amount, an amount equal to the difference
23 shall be immediately paid into the Build Illinois Fund from
24 other moneys received by the Department pursuant to the Tax
25 Acts; and, further provided, that in no event shall the
26 payments required under the preceding proviso result in
27 aggregate payments into the Build Illinois Fund pursuant to
28 this clause (b) for any fiscal year in excess of the greater
29 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
30 for such fiscal year; and, further provided, that the amounts
31 payable into the Build Illinois Fund under this clause (b)
32 shall be payable only until such time as the aggregate amount
33 on deposit under each trust indenture securing Bonds issued
34 and outstanding pursuant to the Build Illinois Bond Act is
-230- LRB9203186EGfg
1 sufficient, taking into account any future investment income,
2 to fully provide, in accordance with such indenture, for the
3 defeasance of or the payment of the principal of, premium, if
4 any, and interest on the Bonds secured by such indenture and
5 on any Bonds expected to be issued thereafter and all fees
6 and costs payable with respect thereto, all as certified by
7 the Director of the Bureau of the Budget. If on the last
8 business day of any month in which Bonds are outstanding
9 pursuant to the Build Illinois Bond Act, the aggregate of the
10 moneys deposited in the Build Illinois Bond Account in the
11 Build Illinois Fund in such month shall be less than the
12 amount required to be transferred in such month from the
13 Build Illinois Bond Account to the Build Illinois Bond
14 Retirement and Interest Fund pursuant to Section 13 of the
15 Build Illinois Bond Act, an amount equal to such deficiency
16 shall be immediately paid from other moneys received by the
17 Department pursuant to the Tax Acts to the Build Illinois
18 Fund; provided, however, that any amounts paid to the Build
19 Illinois Fund in any fiscal year pursuant to this sentence
20 shall be deemed to constitute payments pursuant to clause (b)
21 of the preceding sentence and shall reduce the amount
22 otherwise payable for such fiscal year pursuant to clause (b)
23 of the preceding sentence. The moneys received by the
24 Department pursuant to this Act and required to be deposited
25 into the Build Illinois Fund are subject to the pledge, claim
26 and charge set forth in Section 12 of the Build Illinois Bond
27 Act.
28 Subject to payment of amounts into the Build Illinois
29 Fund as provided in the preceding paragraph or in any
30 amendment thereto hereafter enacted, the following specified
31 monthly installment of the amount requested in the
32 certificate of the Chairman of the Metropolitan Pier and
33 Exposition Authority provided under Section 8.25f of the
34 State Finance Act, but not in excess of the sums designated
-231- LRB9203186EGfg
1 as "Total Deposit", shall be deposited in the aggregate from
2 collections under Section 9 of the Use Tax Act, Section 9 of
3 the Service Use Tax Act, Section 9 of the Service Occupation
4 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
5 into the McCormick Place Expansion Project Fund in the
6 specified fiscal years.
7 Fiscal Year Total Deposit
8 1993 $0
9 1994 53,000,000
10 1995 58,000,000
11 1996 61,000,000
12 1997 64,000,000
13 1998 68,000,000
14 1999 71,000,000
15 2000 75,000,000
16 2001 80,000,000
17 2002 84,000,000
18 2003 89,000,000
19 2004 93,000,000
20 2005 97,000,000
21 2006 102,000,000
22 2007 108,000,000
23 2008 115,000,000
24 2009 120,000,000
25 2010 126,000,000
26 2011 132,000,000
27 2012 138,000,000
28 2013 and 145,000,000
29 each fiscal year
30 thereafter that bonds
31 are outstanding under
32 Section 13.2 of the
33 Metropolitan Pier and
34 Exposition Authority
-232- LRB9203186EGfg
1 Act, but not after fiscal year 2029.
2 Beginning July 20, 1993 and in each month of each fiscal
3 year thereafter, one-eighth of the amount requested in the
4 certificate of the Chairman of the Metropolitan Pier and
5 Exposition Authority for that fiscal year, less the amount
6 deposited into the McCormick Place Expansion Project Fund by
7 the State Treasurer in the respective month under subsection
8 (g) of Section 13 of the Metropolitan Pier and Exposition
9 Authority Act, plus cumulative deficiencies in the deposits
10 required under this Section for previous months and years,
11 shall be deposited into the McCormick Place Expansion Project
12 Fund, until the full amount requested for the fiscal year,
13 but not in excess of the amount specified above as "Total
14 Deposit", has been deposited.
15 Subject to payment of amounts into the Build Illinois
16 Fund and the McCormick Place Expansion Project Fund pursuant
17 to the preceding paragraphs or in any amendment thereto
18 hereafter enacted, each month the Department shall pay into
19 the Local Government Distributive Fund .4% of the net revenue
20 realized for the preceding month from the 5% general rate, or
21 .4% of 80% of the net revenue realized for the preceding
22 month from the 6.25% general rate, as the case may be, on the
23 selling price of tangible personal property which amount
24 shall, subject to appropriation, be distributed as provided
25 in Section 2 of the State Revenue Sharing Act. No payments or
26 distributions pursuant to this paragraph shall be made if the
27 tax imposed by this Act on photoprocessing products is
28 declared unconstitutional, or if the proceeds from such tax
29 are unavailable for distribution because of litigation.
30 Subject to payment of amounts into the Build Illinois
31 Fund, the McCormick Place Expansion Project Fund, and the
32 Local Government Distributive Fund pursuant to the preceding
33 paragraphs or in any amendments thereto hereafter enacted,
34 beginning July 1, 1993, the Department shall each month pay
-233- LRB9203186EGfg
1 into the Illinois Tax Increment Fund 0.27% of 80% of the net
2 revenue realized for the preceding month from the 6.25%
3 general rate on the selling price of tangible personal
4 property.
5 Of the remainder of the moneys received by the Department
6 pursuant to this Act, 75% thereof shall be paid into the
7 State Treasury and 25% shall be reserved in a special account
8 and used only for the transfer to the Common School Fund as
9 part of the monthly transfer from the General Revenue Fund in
10 accordance with Section 8a of the State Finance Act.
11 As soon as possible after the first day of each month,
12 upon certification of the Department of Revenue, the
13 Comptroller shall order transferred and the Treasurer shall
14 transfer from the General Revenue Fund to the Motor Fuel Tax
15 Fund an amount equal to 1.7% of 80% of the net revenue
16 realized under this Act for the second preceding month.
17 Beginning April 1, 2000, this transfer is no longer required
18 and shall not be made.
19 Net revenue realized for a month shall be the revenue
20 collected by the State pursuant to this Act, less the amount
21 paid out during that month as refunds to taxpayers for
22 overpayment of liability.
23 For greater simplicity of administration, manufacturers,
24 importers and wholesalers whose products are sold at retail
25 in Illinois by numerous retailers, and who wish to do so, may
26 assume the responsibility for accounting and paying to the
27 Department all tax accruing under this Act with respect to
28 such sales, if the retailers who are affected do not make
29 written objection to the Department to this arrangement.
30 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
31 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
32 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
33 eff. 1-1-01; revised 8-30-00.)
-234- LRB9203186EGfg
1 Section 34. The Service Use Tax Act is amended by
2 changing Sections 3-5 and 3-45 as follows:
3 (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
4 Sec. 3-5. Exemptions. Use of the following tangible
5 personal property is exempt from the tax imposed by this Act:
6 (1) Personal property purchased from a corporation,
7 society, association, foundation, institution, or
8 organization, other than a limited liability company, that is
9 organized and operated as a not-for-profit service enterprise
10 for the benefit of persons 65 years of age or older if the
11 personal property was not purchased by the enterprise for the
12 purpose of resale by the enterprise.
13 (2) Personal property purchased by a non-profit Illinois
14 county fair association for use in conducting, operating, or
15 promoting the county fair.
16 (3) Personal property purchased by a not-for-profit arts
17 or cultural organization that establishes, by proof required
18 by the Department by rule, that it has received an exemption
19 under Section 501(c)(3) of the Internal Revenue Code and that
20 is organized and operated for the presentation or support of
21 arts or cultural programming, activities, or services. These
22 organizations include, but are not limited to, music and
23 dramatic arts organizations such as symphony orchestras and
24 theatrical groups, arts and cultural service organizations,
25 local arts councils, visual arts organizations, and media
26 arts organizations.
27 (4) Legal tender, currency, medallions, or gold or
28 silver coinage issued by the State of Illinois, the
29 government of the United States of America, or the government
30 of any foreign country, and bullion.
31 (5) Graphic arts machinery and equipment, including
32 repair and replacement parts, both new and used, and
33 including that manufactured on special order or purchased for
-235- LRB9203186EGfg
1 lease, certified by the purchaser to be used primarily for
2 graphic arts production.
3 (6) Personal property purchased from a teacher-sponsored
4 student organization affiliated with an elementary or
5 secondary school located in Illinois.
6 (7) Farm machinery and equipment, both new and used,
7 including that manufactured on special order, certified by
8 the purchaser to be used primarily for production agriculture
9 or State or federal agricultural programs, including
10 individual replacement parts for the machinery and equipment,
11 including machinery and equipment purchased for lease, and
12 including implements of husbandry defined in Section 1-130 of
13 the Illinois Vehicle Code, farm machinery and agricultural
14 chemical and fertilizer spreaders, and nurse wagons required
15 to be registered under Section 3-809 of the Illinois Vehicle
16 Code, but excluding other motor vehicles required to be
17 registered under the Illinois Vehicle Code. Horticultural
18 polyhouses or hoop houses used for propagating, growing, or
19 overwintering plants shall be considered farm machinery and
20 equipment under this item (7). Agricultural chemical tender
21 tanks and dry boxes shall include units sold separately from
22 a motor vehicle required to be licensed and units sold
23 mounted on a motor vehicle required to be licensed if the
24 selling price of the tender is separately stated.
25 Farm machinery and equipment shall include precision
26 farming equipment that is installed or purchased to be
27 installed on farm machinery and equipment including, but not
28 limited to, tractors, harvesters, sprayers, planters,
29 seeders, or spreaders. Precision farming equipment includes,
30 but is not limited to, soil testing sensors, computers,
31 monitors, software, global positioning and mapping systems,
32 and other such equipment.
33 Farm machinery and equipment also includes computers,
34 sensors, software, and related equipment used primarily in
-236- LRB9203186EGfg
1 the computer-assisted operation of production agriculture
2 facilities, equipment, and activities such as, but not
3 limited to, the collection, monitoring, and correlation of
4 animal and crop data for the purpose of formulating animal
5 diets and agricultural chemicals. This item (7) is exempt
6 from the provisions of Section 3-75.
7 (8) Fuel and petroleum products sold to or used by an
8 air common carrier, certified by the carrier to be used for
9 consumption, shipment, or storage in the conduct of its
10 business as an air common carrier, for a flight destined for
11 or returning from a location or locations outside the United
12 States without regard to previous or subsequent domestic
13 stopovers.
14 (9) Proceeds of mandatory service charges separately
15 stated on customers' bills for the purchase and consumption
16 of food and beverages acquired as an incident to the purchase
17 of a service from a serviceman, to the extent that the
18 proceeds of the service charge are in fact turned over as
19 tips or as a substitute for tips to the employees who
20 participate directly in preparing, serving, hosting or
21 cleaning up the food or beverage function with respect to
22 which the service charge is imposed.
23 (10) Oil field exploration, drilling, and production
24 equipment, including (i) rigs and parts of rigs, rotary rigs,
25 cable tool rigs, and workover rigs, (ii) pipe and tubular
26 goods, including casing and drill strings, (iii) pumps and
27 pump-jack units, (iv) storage tanks and flow lines, (v) any
28 individual replacement part for oil field exploration,
29 drilling, and production equipment, and (vi) machinery and
30 equipment purchased for lease; but excluding motor vehicles
31 required to be registered under the Illinois Vehicle Code.
32 (11) Proceeds from the sale of photoprocessing machinery
33 and equipment, including repair and replacement parts, both
34 new and used, including that manufactured on special order,
-237- LRB9203186EGfg
1 certified by the purchaser to be used primarily for
2 photoprocessing, and including photoprocessing machinery and
3 equipment purchased for lease.
4 (12) Coal exploration, mining, offhighway hauling,
5 processing, maintenance, and reclamation equipment, including
6 replacement parts and equipment, and including equipment
7 purchased for lease, but excluding motor vehicles required to
8 be registered under the Illinois Vehicle Code.
9 (13) Semen used for artificial insemination of livestock
10 for direct agricultural production.
11 (14) Horses, or interests in horses, registered with and
12 meeting the requirements of any of the Arabian Horse Club
13 Registry of America, Appaloosa Horse Club, American Quarter
14 Horse Association, United States Trotting Association, or
15 Jockey Club, as appropriate, used for purposes of breeding or
16 racing for prizes.
17 (15) Computers and communications equipment utilized for
18 any hospital purpose and equipment used in the diagnosis,
19 analysis, or treatment of hospital patients purchased by a
20 lessor who leases the equipment, under a lease of one year or
21 longer executed or in effect at the time the lessor would
22 otherwise be subject to the tax imposed by this Act, to a
23 hospital that has been issued an active tax exemption
24 identification number by the Department under Section 1g of
25 the Retailers' Occupation Tax Act. If the equipment is leased
26 in a manner that does not qualify for this exemption or is
27 used in any other non-exempt manner, the lessor shall be
28 liable for the tax imposed under this Act or the Use Tax Act,
29 as the case may be, based on the fair market value of the
30 property at the time the non-qualifying use occurs. No
31 lessor shall collect or attempt to collect an amount (however
32 designated) that purports to reimburse that lessor for the
33 tax imposed by this Act or the Use Tax Act, as the case may
34 be, if the tax has not been paid by the lessor. If a lessor
-238- LRB9203186EGfg
1 improperly collects any such amount from the lessee, the
2 lessee shall have a legal right to claim a refund of that
3 amount from the lessor. If, however, that amount is not
4 refunded to the lessee for any reason, the lessor is liable
5 to pay that amount to the Department.
6 (16) Personal property purchased by a lessor who leases
7 the property, under a lease of one year or longer executed or
8 in effect at the time the lessor would otherwise be subject
9 to the tax imposed by this Act, to a governmental body that
10 has been issued an active tax exemption identification number
11 by the Department under Section 1g of the Retailers'
12 Occupation Tax Act. If the property is leased in a manner
13 that does not qualify for this exemption or is used in any
14 other non-exempt manner, the lessor shall be liable for the
15 tax imposed under this Act or the Use Tax Act, as the case
16 may be, based on the fair market value of the property at the
17 time the non-qualifying use occurs. No lessor shall collect
18 or attempt to collect an amount (however designated) that
19 purports to reimburse that lessor for the tax imposed by this
20 Act or the Use Tax Act, as the case may be, if the tax has
21 not been paid by the lessor. If a lessor improperly collects
22 any such amount from the lessee, the lessee shall have a
23 legal right to claim a refund of that amount from the lessor.
24 If, however, that amount is not refunded to the lessee for
25 any reason, the lessor is liable to pay that amount to the
26 Department.
27 (17) Beginning with taxable years ending on or after
28 December 31, 1995 and ending with taxable years ending on or
29 before December 31, 2004, personal property that is donated
30 for disaster relief to be used in a State or federally
31 declared disaster area in Illinois or bordering Illinois by a
32 manufacturer or retailer that is registered in this State to
33 a corporation, society, association, foundation, or
34 institution that has been issued a sales tax exemption
-239- LRB9203186EGfg
1 identification number by the Department that assists victims
2 of the disaster who reside within the declared disaster area.
3 (18) Beginning with taxable years ending on or after
4 December 31, 1995 and ending with taxable years ending on or
5 before December 31, 2004, personal property that is used in
6 the performance of infrastructure repairs in this State,
7 including but not limited to municipal roads and streets,
8 access roads, bridges, sidewalks, waste disposal systems,
9 water and sewer line extensions, water distribution and
10 purification facilities, storm water drainage and retention
11 facilities, and sewage treatment facilities, resulting from a
12 State or federally declared disaster in Illinois or bordering
13 Illinois when such repairs are initiated on facilities
14 located in the declared disaster area within 6 months after
15 the disaster.
16 (19) Beginning July 1, 1999, game or game birds
17 purchased at a "game breeding and hunting preserve area" or
18 an "exotic game hunting area" as those terms are used in the
19 Wildlife Code or at a hunting enclosure approved through
20 rules adopted by the Department of Natural Resources. This
21 paragraph is exempt from the provisions of Section 3-75.
22 (20) (19) A motor vehicle, as that term is defined in
23 Section 1-146 of the Illinois Vehicle Code, that is donated
24 to a corporation, limited liability company, society,
25 association, foundation, or institution that is determined by
26 the Department to be organized and operated exclusively for
27 educational purposes. For purposes of this exemption, "a
28 corporation, limited liability company, society, association,
29 foundation, or institution organized and operated exclusively
30 for educational purposes" means all tax-supported public
31 schools, private schools that offer systematic instruction in
32 useful branches of learning by methods common to public
33 schools and that compare favorably in their scope and
34 intensity with the course of study presented in tax-supported
-240- LRB9203186EGfg
1 schools, and vocational or technical schools or institutes
2 organized and operated exclusively to provide a course of
3 study of not less than 6 weeks duration and designed to
4 prepare individuals to follow a trade or to pursue a manual,
5 technical, mechanical, industrial, business, or commercial
6 occupation.
7 (21) (20) Beginning January 1, 2000, personal property,
8 including food, purchased through fundraising events for the
9 benefit of a public or private elementary or secondary
10 school, a group of those schools, or one or more school
11 districts if the events are sponsored by an entity recognized
12 by the school district that consists primarily of volunteers
13 and includes parents and teachers of the school children.
14 This paragraph does not apply to fundraising events (i) for
15 the benefit of private home instruction or (ii) for which the
16 fundraising entity purchases the personal property sold at
17 the events from another individual or entity that sold the
18 property for the purpose of resale by the fundraising entity
19 and that profits from the sale to the fundraising entity.
20 This paragraph is exempt from the provisions of Section 3-75.
21 (22) (19) Beginning January 1, 2000, new or used
22 automatic vending machines that prepare and serve hot food
23 and beverages, including coffee, soup, and other items, and
24 replacement parts for these machines. This paragraph is
25 exempt from the provisions of Section 3-75.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
27 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
28 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644,
29 eff. 8-20-99; revised 9-29-99.)
30 (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
31 Sec. 3-45. Multistate exemption. The tax imposed by
32 this Act does not apply to the use of tangible personal
33 property in this State under the following circumstances:
-241- LRB9203186EGfg
1 (a) The use, in this State, of property acquired outside
2 this State by a nonresident individual and brought into this
3 State by the individual for his or her own use while
4 temporarily within this State or while passing through this
5 State.
6 (b) The use, in this State, of property that is acquired
7 outside this State and that is moved into this State for use
8 as rolling stock moving in interstate commerce.
9 (c) The use, in this State, of property that is acquired
10 outside this State and caused to be brought into this State
11 by a person who has already paid a tax in another state in
12 respect to the sale, purchase, or use of that property, to
13 the extent of the amount of the tax properly due and paid in
14 the other state.
15 (d) The temporary storage, in this State, of property
16 that is acquired outside this State and that after being
17 brought into this State and stored here temporarily, is used
18 solely outside this State or is physically attached to or
19 incorporated into other property that is used solely outside
20 this State, or is altered by converting, fabricating,
21 manufacturing, printing, processing, or shaping, and, as
22 altered, is used solely outside this State.
23 (e) Beginning July 1, 1999, the use, in this State, of
24 fuel acquired outside this State and brought into this State
25 in the fuel supply tanks of locomotives engaged in freight
26 hauling and passenger service for interstate commerce. This
27 subsection is exempt from the provisions of Section 3-75.
28 (Source: P.A. 91-51, eff. 6-30-99; 91-313, eff. 7-29-99;
29 91-587, eff. 8-14-99; revised 9-29-99.)
30 Section 35. The Service Occupation Tax Act is amended by
31 changing Section 3-5 as follows:
32 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
-242- LRB9203186EGfg
1 Sec. 3-5. Exemptions. The following tangible personal
2 property is exempt from the tax imposed by this Act:
3 (1) Personal property sold by a corporation, society,
4 association, foundation, institution, or organization, other
5 than a limited liability company, that is organized and
6 operated as a not-for-profit service enterprise for the
7 benefit of persons 65 years of age or older if the personal
8 property was not purchased by the enterprise for the purpose
9 of resale by the enterprise.
10 (2) Personal property purchased by a not-for-profit
11 Illinois county fair association for use in conducting,
12 operating, or promoting the county fair.
13 (3) Personal property purchased by any not-for-profit
14 arts or cultural organization that establishes, by proof
15 required by the Department by rule, that it has received an
16 exemption under Section 501(c)(3) of the Internal Revenue
17 Code and that is organized and operated for the presentation
18 or support of arts or cultural programming, activities, or
19 services. These organizations include, but are not limited
20 to, music and dramatic arts organizations such as symphony
21 orchestras and theatrical groups, arts and cultural service
22 organizations, local arts councils, visual arts
23 organizations, and media arts organizations.
24 (4) Legal tender, currency, medallions, or gold or
25 silver coinage issued by the State of Illinois, the
26 government of the United States of America, or the government
27 of any foreign country, and bullion.
28 (5) Graphic arts machinery and equipment, including
29 repair and replacement parts, both new and used, and
30 including that manufactured on special order or purchased for
31 lease, certified by the purchaser to be used primarily for
32 graphic arts production.
33 (6) Personal property sold by a teacher-sponsored
34 student organization affiliated with an elementary or
-243- LRB9203186EGfg
1 secondary school located in Illinois.
2 (7) Farm machinery and equipment, both new and used,
3 including that manufactured on special order, certified by
4 the purchaser to be used primarily for production agriculture
5 or State or federal agricultural programs, including
6 individual replacement parts for the machinery and equipment,
7 including machinery and equipment purchased for lease, and
8 including implements of husbandry defined in Section 1-130 of
9 the Illinois Vehicle Code, farm machinery and agricultural
10 chemical and fertilizer spreaders, and nurse wagons required
11 to be registered under Section 3-809 of the Illinois Vehicle
12 Code, but excluding other motor vehicles required to be
13 registered under the Illinois Vehicle Code. Horticultural
14 polyhouses or hoop houses used for propagating, growing, or
15 overwintering plants shall be considered farm machinery and
16 equipment under this item (7). Agricultural chemical tender
17 tanks and dry boxes shall include units sold separately from
18 a motor vehicle required to be licensed and units sold
19 mounted on a motor vehicle required to be licensed if the
20 selling price of the tender is separately stated.
21 Farm machinery and equipment shall include precision
22 farming equipment that is installed or purchased to be
23 installed on farm machinery and equipment including, but not
24 limited to, tractors, harvesters, sprayers, planters,
25 seeders, or spreaders. Precision farming equipment includes,
26 but is not limited to, soil testing sensors, computers,
27 monitors, software, global positioning and mapping systems,
28 and other such equipment.
29 Farm machinery and equipment also includes computers,
30 sensors, software, and related equipment used primarily in
31 the computer-assisted operation of production agriculture
32 facilities, equipment, and activities such as, but not
33 limited to, the collection, monitoring, and correlation of
34 animal and crop data for the purpose of formulating animal
-244- LRB9203186EGfg
1 diets and agricultural chemicals. This item (7) is exempt
2 from the provisions of Section 3-55.
3 (8) Fuel and petroleum products sold to or used by an
4 air common carrier, certified by the carrier to be used for
5 consumption, shipment, or storage in the conduct of its
6 business as an air common carrier, for a flight destined for
7 or returning from a location or locations outside the United
8 States without regard to previous or subsequent domestic
9 stopovers.
10 (9) Proceeds of mandatory service charges separately
11 stated on customers' bills for the purchase and consumption
12 of food and beverages, to the extent that the proceeds of the
13 service charge are in fact turned over as tips or as a
14 substitute for tips to the employees who participate directly
15 in preparing, serving, hosting or cleaning up the food or
16 beverage function with respect to which the service charge is
17 imposed.
18 (10) Oil field exploration, drilling, and production
19 equipment, including (i) rigs and parts of rigs, rotary rigs,
20 cable tool rigs, and workover rigs, (ii) pipe and tubular
21 goods, including casing and drill strings, (iii) pumps and
22 pump-jack units, (iv) storage tanks and flow lines, (v) any
23 individual replacement part for oil field exploration,
24 drilling, and production equipment, and (vi) machinery and
25 equipment purchased for lease; but excluding motor vehicles
26 required to be registered under the Illinois Vehicle Code.
27 (11) Photoprocessing machinery and equipment, including
28 repair and replacement parts, both new and used, including
29 that manufactured on special order, certified by the
30 purchaser to be used primarily for photoprocessing, and
31 including photoprocessing machinery and equipment purchased
32 for lease.
33 (12) Coal exploration, mining, offhighway hauling,
34 processing, maintenance, and reclamation equipment, including
-245- LRB9203186EGfg
1 replacement parts and equipment, and including equipment
2 purchased for lease, but excluding motor vehicles required to
3 be registered under the Illinois Vehicle Code.
4 (13) Food for human consumption that is to be consumed
5 off the premises where it is sold (other than alcoholic
6 beverages, soft drinks and food that has been prepared for
7 immediate consumption) and prescription and non-prescription
8 medicines, drugs, medical appliances, and insulin, urine
9 testing materials, syringes, and needles used by diabetics,
10 for human use, when purchased for use by a person receiving
11 medical assistance under Article 5 of the Illinois Public Aid
12 Code who resides in a licensed long-term care facility, as
13 defined in the Nursing Home Care Act.
14 (14) Semen used for artificial insemination of livestock
15 for direct agricultural production.
16 (15) Horses, or interests in horses, registered with and
17 meeting the requirements of any of the Arabian Horse Club
18 Registry of America, Appaloosa Horse Club, American Quarter
19 Horse Association, United States Trotting Association, or
20 Jockey Club, as appropriate, used for purposes of breeding or
21 racing for prizes.
22 (16) Computers and communications equipment utilized for
23 any hospital purpose and equipment used in the diagnosis,
24 analysis, or treatment of hospital patients sold to a lessor
25 who leases the equipment, under a lease of one year or longer
26 executed or in effect at the time of the purchase, to a
27 hospital that has been issued an active tax exemption
28 identification number by the Department under Section 1g of
29 the Retailers' Occupation Tax Act.
30 (17) Personal property sold to a lessor who leases the
31 property, under a lease of one year or longer executed or in
32 effect at the time of the purchase, to a governmental body
33 that has been issued an active tax exemption identification
34 number by the Department under Section 1g of the Retailers'
-246- LRB9203186EGfg
1 Occupation Tax Act.
2 (18) Beginning with taxable years ending on or after
3 December 31, 1995 and ending with taxable years ending on or
4 before December 31, 2004, personal property that is donated
5 for disaster relief to be used in a State or federally
6 declared disaster area in Illinois or bordering Illinois by a
7 manufacturer or retailer that is registered in this State to
8 a corporation, society, association, foundation, or
9 institution that has been issued a sales tax exemption
10 identification number by the Department that assists victims
11 of the disaster who reside within the declared disaster area.
12 (19) Beginning with taxable years ending on or after
13 December 31, 1995 and ending with taxable years ending on or
14 before December 31, 2004, personal property that is used in
15 the performance of infrastructure repairs in this State,
16 including but not limited to municipal roads and streets,
17 access roads, bridges, sidewalks, waste disposal systems,
18 water and sewer line extensions, water distribution and
19 purification facilities, storm water drainage and retention
20 facilities, and sewage treatment facilities, resulting from a
21 State or federally declared disaster in Illinois or bordering
22 Illinois when such repairs are initiated on facilities
23 located in the declared disaster area within 6 months after
24 the disaster.
25 (20) Beginning July 1, 1999, game or game birds sold at
26 a "game breeding and hunting preserve area" or an "exotic
27 game hunting area" as those terms are used in the Wildlife
28 Code or at a hunting enclosure approved through rules adopted
29 by the Department of Natural Resources. This paragraph is
30 exempt from the provisions of Section 3-55.
31 (21) (20) A motor vehicle, as that term is defined in
32 Section 1-146 of the Illinois Vehicle Code, that is donated
33 to a corporation, limited liability company, society,
34 association, foundation, or institution that is determined by
-247- LRB9203186EGfg
1 the Department to be organized and operated exclusively for
2 educational purposes. For purposes of this exemption, "a
3 corporation, limited liability company, society, association,
4 foundation, or institution organized and operated exclusively
5 for educational purposes" means all tax-supported public
6 schools, private schools that offer systematic instruction in
7 useful branches of learning by methods common to public
8 schools and that compare favorably in their scope and
9 intensity with the course of study presented in tax-supported
10 schools, and vocational or technical schools or institutes
11 organized and operated exclusively to provide a course of
12 study of not less than 6 weeks duration and designed to
13 prepare individuals to follow a trade or to pursue a manual,
14 technical, mechanical, industrial, business, or commercial
15 occupation.
16 (22) (21) Beginning January 1, 2000, personal property,
17 including food, purchased through fundraising events for the
18 benefit of a public or private elementary or secondary
19 school, a group of those schools, or one or more school
20 districts if the events are sponsored by an entity recognized
21 by the school district that consists primarily of volunteers
22 and includes parents and teachers of the school children.
23 This paragraph does not apply to fundraising events (i) for
24 the benefit of private home instruction or (ii) for which the
25 fundraising entity purchases the personal property sold at
26 the events from another individual or entity that sold the
27 property for the purpose of resale by the fundraising entity
28 and that profits from the sale to the fundraising entity.
29 This paragraph is exempt from the provisions of Section 3-55.
30 (23) (20) Beginning January 1, 2000, new or used
31 automatic vending machines that prepare and serve hot food
32 and beverages, including coffee, soup, and other items, and
33 replacement parts for these machines. This paragraph is
34 exempt from the provisions of Section 3-55.
-248- LRB9203186EGfg
1 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
2 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
3 7-20-99; 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637,
4 eff. 8-20-99; 91-644, eff. 8-20-99; revised 9-29-99.)
5 Section 36. The Retailers' Occupation Tax Act is amended
6 by changing Sections 2-5 and 3 as follows:
7 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
8 Sec. 2-5. Exemptions. Gross receipts from proceeds from
9 the sale of the following tangible personal property are
10 exempt from the tax imposed by this Act:
11 (1) Farm chemicals.
12 (2) Farm machinery and equipment, both new and used,
13 including that manufactured on special order, certified by
14 the purchaser to be used primarily for production agriculture
15 or State or federal agricultural programs, including
16 individual replacement parts for the machinery and equipment,
17 including machinery and equipment purchased for lease, and
18 including implements of husbandry defined in Section 1-130 of
19 the Illinois Vehicle Code, farm machinery and agricultural
20 chemical and fertilizer spreaders, and nurse wagons required
21 to be registered under Section 3-809 of the Illinois Vehicle
22 Code, but excluding other motor vehicles required to be
23 registered under the Illinois Vehicle Code. Horticultural
24 polyhouses or hoop houses used for propagating, growing, or
25 overwintering plants shall be considered farm machinery and
26 equipment under this item (2). Agricultural chemical tender
27 tanks and dry boxes shall include units sold separately from
28 a motor vehicle required to be licensed and units sold
29 mounted on a motor vehicle required to be licensed, if the
30 selling price of the tender is separately stated.
31 Farm machinery and equipment shall include precision
32 farming equipment that is installed or purchased to be
-249- LRB9203186EGfg
1 installed on farm machinery and equipment including, but not
2 limited to, tractors, harvesters, sprayers, planters,
3 seeders, or spreaders. Precision farming equipment includes,
4 but is not limited to, soil testing sensors, computers,
5 monitors, software, global positioning and mapping systems,
6 and other such equipment.
7 Farm machinery and equipment also includes computers,
8 sensors, software, and related equipment used primarily in
9 the computer-assisted operation of production agriculture
10 facilities, equipment, and activities such as, but not
11 limited to, the collection, monitoring, and correlation of
12 animal and crop data for the purpose of formulating animal
13 diets and agricultural chemicals. This item (7) is exempt
14 from the provisions of Section 2-70.
15 (3) Distillation machinery and equipment, sold as a unit
16 or kit, assembled or installed by the retailer, certified by
17 the user to be used only for the production of ethyl alcohol
18 that will be used for consumption as motor fuel or as a
19 component of motor fuel for the personal use of the user, and
20 not subject to sale or resale.
21 (4) Graphic arts machinery and equipment, including
22 repair and replacement parts, both new and used, and
23 including that manufactured on special order or purchased for
24 lease, certified by the purchaser to be used primarily for
25 graphic arts production.
26 (5) A motor vehicle of the first division, a motor
27 vehicle of the second division that is a self-contained motor
28 vehicle designed or permanently converted to provide living
29 quarters for recreational, camping, or travel use, with
30 direct walk through access to the living quarters from the
31 driver's seat, or a motor vehicle of the second division that
32 is of the van configuration designed for the transportation
33 of not less than 7 nor more than 16 passengers, as defined in
34 Section 1-146 of the Illinois Vehicle Code, that is used for
-250- LRB9203186EGfg
1 automobile renting, as defined in the Automobile Renting
2 Occupation and Use Tax Act.
3 (6) Personal property sold by a teacher-sponsored
4 student organization affiliated with an elementary or
5 secondary school located in Illinois.
6 (7) Proceeds of that portion of the selling price of a
7 passenger car the sale of which is subject to the Replacement
8 Vehicle Tax.
9 (8) Personal property sold to an Illinois county fair
10 association for use in conducting, operating, or promoting
11 the county fair.
12 (9) Personal property sold to a not-for-profit arts or
13 cultural organization that establishes, by proof required by
14 the Department by rule, that it has received an exemption
15 under Section 501(c)(3) of the Internal Revenue Code and that
16 is organized and operated for the presentation or support of
17 arts or cultural programming, activities, or services. These
18 organizations include, but are not limited to, music and
19 dramatic arts organizations such as symphony orchestras and
20 theatrical groups, arts and cultural service organizations,
21 local arts councils, visual arts organizations, and media
22 arts organizations.
23 (10) Personal property sold by a corporation, society,
24 association, foundation, institution, or organization, other
25 than a limited liability company, that is organized and
26 operated as a not-for-profit service enterprise for the
27 benefit of persons 65 years of age or older if the personal
28 property was not purchased by the enterprise for the purpose
29 of resale by the enterprise.
30 (11) Personal property sold to a governmental body, to a
31 corporation, society, association, foundation, or institution
32 organized and operated exclusively for charitable, religious,
33 or educational purposes, or to a not-for-profit corporation,
34 society, association, foundation, institution, or
-251- LRB9203186EGfg
1 organization that has no compensated officers or employees
2 and that is organized and operated primarily for the
3 recreation of persons 55 years of age or older. A limited
4 liability company may qualify for the exemption under this
5 paragraph only if the limited liability company is organized
6 and operated exclusively for educational purposes. On and
7 after July 1, 1987, however, no entity otherwise eligible for
8 this exemption shall make tax-free purchases unless it has an
9 active identification number issued by the Department.
10 (12) Personal property sold to interstate carriers for
11 hire for use as rolling stock moving in interstate commerce
12 or to lessors under leases of one year or longer executed or
13 in effect at the time of purchase by interstate carriers for
14 hire for use as rolling stock moving in interstate commerce
15 and equipment operated by a telecommunications provider,
16 licensed as a common carrier by the Federal Communications
17 Commission, which is permanently installed in or affixed to
18 aircraft moving in interstate commerce.
19 (13) Proceeds from sales to owners, lessors, or shippers
20 of tangible personal property that is utilized by interstate
21 carriers for hire for use as rolling stock moving in
22 interstate commerce and equipment operated by a
23 telecommunications provider, licensed as a common carrier by
24 the Federal Communications Commission, which is permanently
25 installed in or affixed to aircraft moving in interstate
26 commerce.
27 (14) Machinery and equipment that will be used by the
28 purchaser, or a lessee of the purchaser, primarily in the
29 process of manufacturing or assembling tangible personal
30 property for wholesale or retail sale or lease, whether the
31 sale or lease is made directly by the manufacturer or by some
32 other person, whether the materials used in the process are
33 owned by the manufacturer or some other person, or whether
34 the sale or lease is made apart from or as an incident to the
-252- LRB9203186EGfg
1 seller's engaging in the service occupation of producing
2 machines, tools, dies, jigs, patterns, gauges, or other
3 similar items of no commercial value on special order for a
4 particular purchaser.
5 (15) Proceeds of mandatory service charges separately
6 stated on customers' bills for purchase and consumption of
7 food and beverages, to the extent that the proceeds of the
8 service charge are in fact turned over as tips or as a
9 substitute for tips to the employees who participate directly
10 in preparing, serving, hosting or cleaning up the food or
11 beverage function with respect to which the service charge is
12 imposed.
13 (16) Petroleum products sold to a purchaser if the
14 seller is prohibited by federal law from charging tax to the
15 purchaser.
16 (17) Tangible personal property sold to a common carrier
17 by rail or motor that receives the physical possession of the
18 property in Illinois and that transports the property, or
19 shares with another common carrier in the transportation of
20 the property, out of Illinois on a standard uniform bill of
21 lading showing the seller of the property as the shipper or
22 consignor of the property to a destination outside Illinois,
23 for use outside Illinois.
24 (18) Legal tender, currency, medallions, or gold or
25 silver coinage issued by the State of Illinois, the
26 government of the United States of America, or the government
27 of any foreign country, and bullion.
28 (19) Oil field exploration, drilling, and production
29 equipment, including (i) rigs and parts of rigs, rotary rigs,
30 cable tool rigs, and workover rigs, (ii) pipe and tubular
31 goods, including casing and drill strings, (iii) pumps and
32 pump-jack units, (iv) storage tanks and flow lines, (v) any
33 individual replacement part for oil field exploration,
34 drilling, and production equipment, and (vi) machinery and
-253- LRB9203186EGfg
1 equipment purchased for lease; but excluding motor vehicles
2 required to be registered under the Illinois Vehicle Code.
3 (20) Photoprocessing machinery and equipment, including
4 repair and replacement parts, both new and used, including
5 that manufactured on special order, certified by the
6 purchaser to be used primarily for photoprocessing, and
7 including photoprocessing machinery and equipment purchased
8 for lease.
9 (21) Coal exploration, mining, offhighway hauling,
10 processing, maintenance, and reclamation equipment, including
11 replacement parts and equipment, and including equipment
12 purchased for lease, but excluding motor vehicles required to
13 be registered under the Illinois Vehicle Code.
14 (22) Fuel and petroleum products sold to or used by an
15 air carrier, certified by the carrier to be used for
16 consumption, shipment, or storage in the conduct of its
17 business as an air common carrier, for a flight destined for
18 or returning from a location or locations outside the United
19 States without regard to previous or subsequent domestic
20 stopovers.
21 (23) A transaction in which the purchase order is
22 received by a florist who is located outside Illinois, but
23 who has a florist located in Illinois deliver the property to
24 the purchaser or the purchaser's donee in Illinois.
25 (24) Fuel consumed or used in the operation of ships,
26 barges, or vessels that are used primarily in or for the
27 transportation of property or the conveyance of persons for
28 hire on rivers bordering on this State if the fuel is
29 delivered by the seller to the purchaser's barge, ship, or
30 vessel while it is afloat upon that bordering river.
31 (25) A motor vehicle sold in this State to a nonresident
32 even though the motor vehicle is delivered to the nonresident
33 in this State, if the motor vehicle is not to be titled in
34 this State, and if a driveaway decal permit is issued to the
-254- LRB9203186EGfg
1 motor vehicle as provided in Section 3-603 of the Illinois
2 Vehicle Code or if the nonresident purchaser has vehicle
3 registration plates to transfer to the motor vehicle upon
4 returning to his or her home state. The issuance of the
5 driveaway decal permit or having the out-of-state
6 registration plates to be transferred is prima facie evidence
7 that the motor vehicle will not be titled in this State.
8 (26) Semen used for artificial insemination of livestock
9 for direct agricultural production.
10 (27) Horses, or interests in horses, registered with and
11 meeting the requirements of any of the Arabian Horse Club
12 Registry of America, Appaloosa Horse Club, American Quarter
13 Horse Association, United States Trotting Association, or
14 Jockey Club, as appropriate, used for purposes of breeding or
15 racing for prizes.
16 (28) Computers and communications equipment utilized for
17 any hospital purpose and equipment used in the diagnosis,
18 analysis, or treatment of hospital patients sold to a lessor
19 who leases the equipment, under a lease of one year or longer
20 executed or in effect at the time of the purchase, to a
21 hospital that has been issued an active tax exemption
22 identification number by the Department under Section 1g of
23 this Act.
24 (29) Personal property sold to a lessor who leases the
25 property, under a lease of one year or longer executed or in
26 effect at the time of the purchase, to a governmental body
27 that has been issued an active tax exemption identification
28 number by the Department under Section 1g of this Act.
29 (30) Beginning with taxable years ending on or after
30 December 31, 1995 and ending with taxable years ending on or
31 before December 31, 2004, personal property that is donated
32 for disaster relief to be used in a State or federally
33 declared disaster area in Illinois or bordering Illinois by a
34 manufacturer or retailer that is registered in this State to
-255- LRB9203186EGfg
1 a corporation, society, association, foundation, or
2 institution that has been issued a sales tax exemption
3 identification number by the Department that assists victims
4 of the disaster who reside within the declared disaster area.
5 (31) Beginning with taxable years ending on or after
6 December 31, 1995 and ending with taxable years ending on or
7 before December 31, 2004, personal property that is used in
8 the performance of infrastructure repairs in this State,
9 including but not limited to municipal roads and streets,
10 access roads, bridges, sidewalks, waste disposal systems,
11 water and sewer line extensions, water distribution and
12 purification facilities, storm water drainage and retention
13 facilities, and sewage treatment facilities, resulting from a
14 State or federally declared disaster in Illinois or bordering
15 Illinois when such repairs are initiated on facilities
16 located in the declared disaster area within 6 months after
17 the disaster.
18 (32) Beginning July 1, 1999, game or game birds sold at
19 a "game breeding and hunting preserve area" or an "exotic
20 game hunting area" as those terms are used in the Wildlife
21 Code or at a hunting enclosure approved through rules adopted
22 by the Department of Natural Resources. This paragraph is
23 exempt from the provisions of Section 2-70.
24 (33) (32) A motor vehicle, as that term is defined in
25 Section 1-146 of the Illinois Vehicle Code, that is donated
26 to a corporation, limited liability company, society,
27 association, foundation, or institution that is determined by
28 the Department to be organized and operated exclusively for
29 educational purposes. For purposes of this exemption, "a
30 corporation, limited liability company, society, association,
31 foundation, or institution organized and operated exclusively
32 for educational purposes" means all tax-supported public
33 schools, private schools that offer systematic instruction in
34 useful branches of learning by methods common to public
-256- LRB9203186EGfg
1 schools and that compare favorably in their scope and
2 intensity with the course of study presented in tax-supported
3 schools, and vocational or technical schools or institutes
4 organized and operated exclusively to provide a course of
5 study of not less than 6 weeks duration and designed to
6 prepare individuals to follow a trade or to pursue a manual,
7 technical, mechanical, industrial, business, or commercial
8 occupation.
9 (34) (33) Beginning January 1, 2000, personal property,
10 including food, purchased through fundraising events for the
11 benefit of a public or private elementary or secondary
12 school, a group of those schools, or one or more school
13 districts if the events are sponsored by an entity recognized
14 by the school district that consists primarily of volunteers
15 and includes parents and teachers of the school children.
16 This paragraph does not apply to fundraising events (i) for
17 the benefit of private home instruction or (ii) for which the
18 fundraising entity purchases the personal property sold at
19 the events from another individual or entity that sold the
20 property for the purpose of resale by the fundraising entity
21 and that profits from the sale to the fundraising entity.
22 This paragraph is exempt from the provisions of Section 2-70.
23 (35) (32) Beginning January 1, 2000, new or used
24 automatic vending machines that prepare and serve hot food
25 and beverages, including coffee, soup, and other items, and
26 replacement parts for these machines. This paragraph is
27 exempt from the provisions of Section 2-70.
28 (Source: P.A. 90-14, eff. 7-1-97; 90-519, eff. 6-1-98;
29 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff.
30 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-533,
31 eff. 8-13-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99;
32 revised 9-28-99.)
33 (35 ILCS 120/3) (from Ch. 120, par. 442)
-257- LRB9203186EGfg
1 Sec. 3. Except as provided in this Section, on or before
2 the twentieth day of each calendar month, every person
3 engaged in the business of selling tangible personal property
4 at retail in this State during the preceding calendar month
5 shall file a return with the Department, stating:
6 1. The name of the seller;
7 2. His residence address and the address of his
8 principal place of business and the address of the
9 principal place of business (if that is a different
10 address) from which he engages in the business of selling
11 tangible personal property at retail in this State;
12 3. Total amount of receipts received by him during
13 the preceding calendar month or quarter, as the case may
14 be, from sales of tangible personal property, and from
15 services furnished, by him during such preceding calendar
16 month or quarter;
17 4. Total amount received by him during the
18 preceding calendar month or quarter on charge and time
19 sales of tangible personal property, and from services
20 furnished, by him prior to the month or quarter for which
21 the return is filed;
22 5. Deductions allowed by law;
23 6. Gross receipts which were received by him during
24 the preceding calendar month or quarter and upon the
25 basis of which the tax is imposed;
26 7. The amount of credit provided in Section 2d of
27 this Act;
28 8. The amount of tax due;
29 9. The signature of the taxpayer; and
30 10. Such other reasonable information as the
31 Department may require.
32 If a taxpayer fails to sign a return within 30 days after
33 the proper notice and demand for signature by the Department,
34 the return shall be considered valid and any amount shown to
-258- LRB9203186EGfg
1 be due on the return shall be deemed assessed.
2 Each return shall be accompanied by the statement of
3 prepaid tax issued pursuant to Section 2e for which credit is
4 claimed.
5 A retailer may accept a Manufacturer's Purchase Credit
6 certification from a purchaser in satisfaction of Use Tax as
7 provided in Section 3-85 of the Use Tax Act if the purchaser
8 provides the appropriate documentation as required by Section
9 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
10 certification, accepted by a retailer as provided in Section
11 3-85 of the Use Tax Act, may be used by that retailer to
12 satisfy Retailers' Occupation Tax liability in the amount
13 claimed in the certification, not to exceed 6.25% of the
14 receipts subject to tax from a qualifying purchase.
15 The Department may require returns to be filed on a
16 quarterly basis. If so required, a return for each calendar
17 quarter shall be filed on or before the twentieth day of the
18 calendar month following the end of such calendar quarter.
19 The taxpayer shall also file a return with the Department for
20 each of the first two months of each calendar quarter, on or
21 before the twentieth day of the following calendar month,
22 stating:
23 1. The name of the seller;
24 2. The address of the principal place of business
25 from which he engages in the business of selling tangible
26 personal property at retail in this State;
27 3. The total amount of taxable receipts received by
28 him during the preceding calendar month from sales of
29 tangible personal property by him during such preceding
30 calendar month, including receipts from charge and time
31 sales, but less all deductions allowed by law;
32 4. The amount of credit provided in Section 2d of
33 this Act;
34 5. The amount of tax due; and
-259- LRB9203186EGfg
1 6. Such other reasonable information as the
2 Department may require.
3 If a total amount of less than $1 is payable, refundable
4 or creditable, such amount shall be disregarded if it is less
5 than 50 cents and shall be increased to $1 if it is 50 cents
6 or more.
7 Beginning October 1, 1993, a taxpayer who has an average
8 monthly tax liability of $150,000 or more shall make all
9 payments required by rules of the Department by electronic
10 funds transfer. Beginning October 1, 1994, a taxpayer who
11 has an average monthly tax liability of $100,000 or more
12 shall make all payments required by rules of the Department
13 by electronic funds transfer. Beginning October 1, 1995, a
14 taxpayer who has an average monthly tax liability of $50,000
15 or more shall make all payments required by rules of the
16 Department by electronic funds transfer. Beginning October
17 1, 2000, a taxpayer who has an annual tax liability of
18 $200,000 or more shall make all payments required by rules of
19 the Department by electronic funds transfer. The term
20 "annual tax liability" shall be the sum of the taxpayer's
21 liabilities under this Act, and under all other State and
22 local occupation and use tax laws administered by the
23 Department, for the immediately preceding calendar year. The
24 term "average monthly tax liability" shall be the sum of the
25 taxpayer's liabilities under this Act, and under all other
26 State and local occupation and use tax laws administered by
27 the Department, for the immediately preceding calendar year
28 divided by 12.
29 Before August 1 of each year beginning in 1993, the
30 Department shall notify all taxpayers required to make
31 payments by electronic funds transfer. All taxpayers
32 required to make payments by electronic funds transfer shall
33 make those payments for a minimum of one year beginning on
34 October 1.
-260- LRB9203186EGfg
1 Any taxpayer not required to make payments by electronic
2 funds transfer may make payments by electronic funds transfer
3 with the permission of the Department.
4 All taxpayers required to make payment by electronic
5 funds transfer and any taxpayers authorized to voluntarily
6 make payments by electronic funds transfer shall make those
7 payments in the manner authorized by the Department.
8 The Department shall adopt such rules as are necessary to
9 effectuate a program of electronic funds transfer and the
10 requirements of this Section.
11 Any amount which is required to be shown or reported on
12 any return or other document under this Act shall, if such
13 amount is not a whole-dollar amount, be increased to the
14 nearest whole-dollar amount in any case where the fractional
15 part of a dollar is 50 cents or more, and decreased to the
16 nearest whole-dollar amount where the fractional part of a
17 dollar is less than 50 cents.
18 If the retailer is otherwise required to file a monthly
19 return and if the retailer's average monthly tax liability to
20 the Department does not exceed $200, the Department may
21 authorize his returns to be filed on a quarter annual basis,
22 with the return for January, February and March of a given
23 year being due by April 20 of such year; with the return for
24 April, May and June of a given year being due by July 20 of
25 such year; with the return for July, August and September of
26 a given year being due by October 20 of such year, and with
27 the return for October, November and December of a given year
28 being due by January 20 of the following year.
29 If the retailer is otherwise required to file a monthly
30 or quarterly return and if the retailer's average monthly tax
31 liability with the Department does not exceed $50, the
32 Department may authorize his returns to be filed on an annual
33 basis, with the return for a given year being due by January
34 20 of the following year.
-261- LRB9203186EGfg
1 Such quarter annual and annual returns, as to form and
2 substance, shall be subject to the same requirements as
3 monthly returns.
4 Notwithstanding any other provision in this Act
5 concerning the time within which a retailer may file his
6 return, in the case of any retailer who ceases to engage in a
7 kind of business which makes him responsible for filing
8 returns under this Act, such retailer shall file a final
9 return under this Act with the Department not more than one
10 month after discontinuing such business.
11 Where the same person has more than one business
12 registered with the Department under separate registrations
13 under this Act, such person may not file each return that is
14 due as a single return covering all such registered
15 businesses, but shall file separate returns for each such
16 registered business.
17 In addition, with respect to motor vehicles, watercraft,
18 aircraft, and trailers that are required to be registered
19 with an agency of this State, every retailer selling this
20 kind of tangible personal property shall file, with the
21 Department, upon a form to be prescribed and supplied by the
22 Department, a separate return for each such item of tangible
23 personal property which the retailer sells, except that if,
24 in the same transaction, (i) a retailer of aircraft,
25 watercraft, motor vehicles or trailers transfers more than
26 one aircraft, watercraft, motor vehicle or trailer to another
27 aircraft, watercraft, motor vehicle retailer or trailer
28 retailer for the purpose of resale or (ii) a retailer of
29 aircraft, watercraft, motor vehicles, or trailers transfers
30 more than one aircraft, watercraft, motor vehicle, or trailer
31 to a purchaser for use as a qualifying rolling stock as
32 provided in Section 2-5 of this Act, then that seller may
33 report the transfer of all aircraft, watercraft, motor
34 vehicles or trailers involved in that transaction to the
-262- LRB9203186EGfg
1 Department on the same uniform invoice-transaction reporting
2 return form. For purposes of this Section, "watercraft"
3 means a Class 2, Class 3, or Class 4 watercraft as defined in
4 Section 3-2 of the Boat Registration and Safety Act, a
5 personal watercraft, or any boat equipped with an inboard
6 motor.
7 Any retailer who sells only motor vehicles, watercraft,
8 aircraft, or trailers that are required to be registered with
9 an agency of this State, so that all retailers' occupation
10 tax liability is required to be reported, and is reported, on
11 such transaction reporting returns and who is not otherwise
12 required to file monthly or quarterly returns, need not file
13 monthly or quarterly returns. However, those retailers shall
14 be required to file returns on an annual basis.
15 The transaction reporting return, in the case of motor
16 vehicles or trailers that are required to be registered with
17 an agency of this State, shall be the same document as the
18 Uniform Invoice referred to in Section 5-402 of The Illinois
19 Vehicle Code and must show the name and address of the
20 seller; the name and address of the purchaser; the amount of
21 the selling price including the amount allowed by the
22 retailer for traded-in property, if any; the amount allowed
23 by the retailer for the traded-in tangible personal property,
24 if any, to the extent to which Section 1 of this Act allows
25 an exemption for the value of traded-in property; the balance
26 payable after deducting such trade-in allowance from the
27 total selling price; the amount of tax due from the retailer
28 with respect to such transaction; the amount of tax collected
29 from the purchaser by the retailer on such transaction (or
30 satisfactory evidence that such tax is not due in that
31 particular instance, if that is claimed to be the fact); the
32 place and date of the sale; a sufficient identification of
33 the property sold; such other information as is required in
34 Section 5-402 of The Illinois Vehicle Code, and such other
-263- LRB9203186EGfg
1 information as the Department may reasonably require.
2 The transaction reporting return in the case of
3 watercraft or aircraft must show the name and address of the
4 seller; the name and address of the purchaser; the amount of
5 the selling price including the amount allowed by the
6 retailer for traded-in property, if any; the amount allowed
7 by the retailer for the traded-in tangible personal property,
8 if any, to the extent to which Section 1 of this Act allows
9 an exemption for the value of traded-in property; the balance
10 payable after deducting such trade-in allowance from the
11 total selling price; the amount of tax due from the retailer
12 with respect to such transaction; the amount of tax collected
13 from the purchaser by the retailer on such transaction (or
14 satisfactory evidence that such tax is not due in that
15 particular instance, if that is claimed to be the fact); the
16 place and date of the sale, a sufficient identification of
17 the property sold, and such other information as the
18 Department may reasonably require.
19 Such transaction reporting return shall be filed not
20 later than 20 days after the day of delivery of the item that
21 is being sold, but may be filed by the retailer at any time
22 sooner than that if he chooses to do so. The transaction
23 reporting return and tax remittance or proof of exemption
24 from the Illinois use tax may be transmitted to the
25 Department by way of the State agency with which, or State
26 officer with whom the tangible personal property must be
27 titled or registered (if titling or registration is required)
28 if the Department and such agency or State officer determine
29 that this procedure will expedite the processing of
30 applications for title or registration.
31 With each such transaction reporting return, the retailer
32 shall remit the proper amount of tax due (or shall submit
33 satisfactory evidence that the sale is not taxable if that is
34 the case), to the Department or its agents, whereupon the
-264- LRB9203186EGfg
1 Department shall issue, in the purchaser's name, a use tax
2 receipt (or a certificate of exemption if the Department is
3 satisfied that the particular sale is tax exempt) which such
4 purchaser may submit to the agency with which, or State
5 officer with whom, he must title or register the tangible
6 personal property that is involved (if titling or
7 registration is required) in support of such purchaser's
8 application for an Illinois certificate or other evidence of
9 title or registration to such tangible personal property.
10 No retailer's failure or refusal to remit tax under this
11 Act precludes a user, who has paid the proper tax to the
12 retailer, from obtaining his certificate of title or other
13 evidence of title or registration (if titling or registration
14 is required) upon satisfying the Department that such user
15 has paid the proper tax (if tax is due) to the retailer. The
16 Department shall adopt appropriate rules to carry out the
17 mandate of this paragraph.
18 If the user who would otherwise pay tax to the retailer
19 wants the transaction reporting return filed and the payment
20 of the tax or proof of exemption made to the Department
21 before the retailer is willing to take these actions and such
22 user has not paid the tax to the retailer, such user may
23 certify to the fact of such delay by the retailer and may
24 (upon the Department being satisfied of the truth of such
25 certification) transmit the information required by the
26 transaction reporting return and the remittance for tax or
27 proof of exemption directly to the Department and obtain his
28 tax receipt or exemption determination, in which event the
29 transaction reporting return and tax remittance (if a tax
30 payment was required) shall be credited by the Department to
31 the proper retailer's account with the Department, but
32 without the 2.1% or 1.75% discount provided for in this
33 Section being allowed. When the user pays the tax directly
34 to the Department, he shall pay the tax in the same amount
-265- LRB9203186EGfg
1 and in the same form in which it would be remitted if the tax
2 had been remitted to the Department by the retailer.
3 Refunds made by the seller during the preceding return
4 period to purchasers, on account of tangible personal
5 property returned to the seller, shall be allowed as a
6 deduction under subdivision 5 of his monthly or quarterly
7 return, as the case may be, in case the seller had
8 theretofore included the receipts from the sale of such
9 tangible personal property in a return filed by him and had
10 paid the tax imposed by this Act with respect to such
11 receipts.
12 Where the seller is a corporation, the return filed on
13 behalf of such corporation shall be signed by the president,
14 vice-president, secretary or treasurer or by the properly
15 accredited agent of such corporation.
16 Where the seller is a limited liability company, the
17 return filed on behalf of the limited liability company shall
18 be signed by a manager, member, or properly accredited agent
19 of the limited liability company.
20 Except as provided in this Section, the retailer filing
21 the return under this Section shall, at the time of filing
22 such return, pay to the Department the amount of tax imposed
23 by this Act less a discount of 2.1% prior to January 1, 1990
24 and 1.75% on and after January 1, 1990, or $5 per calendar
25 year, whichever is greater, which is allowed to reimburse the
26 retailer for the expenses incurred in keeping records,
27 preparing and filing returns, remitting the tax and supplying
28 data to the Department on request. Any prepayment made
29 pursuant to Section 2d of this Act shall be included in the
30 amount on which such 2.1% or 1.75% discount is computed. In
31 the case of retailers who report and pay the tax on a
32 transaction by transaction basis, as provided in this
33 Section, such discount shall be taken with each such tax
34 remittance instead of when such retailer files his periodic
-266- LRB9203186EGfg
1 return.
2 Before October 1, 2000, if the taxpayer's average monthly
3 tax liability to the Department under this Act, the Use Tax
4 Act, the Service Occupation Tax Act, and the Service Use Tax
5 Act, excluding any liability for prepaid sales tax to be
6 remitted in accordance with Section 2d of this Act, was
7 $10,000 or more during the preceding 4 complete calendar
8 quarters, he shall file a return with the Department each
9 month by the 20th day of the month next following the month
10 during which such tax liability is incurred and shall make
11 payments to the Department on or before the 7th, 15th, 22nd
12 and last day of the month during which such liability is
13 incurred. On and after October 1, 2000, if the taxpayer's
14 average monthly tax liability to the Department under this
15 Act, the Use Tax Act, the Service Occupation Tax Act, and the
16 Service Use Tax Act, excluding any liability for prepaid
17 sales tax to be remitted in accordance with Section 2d of
18 this Act, was $20,000 or more during the preceding 4 complete
19 calendar quarters, he shall file a return with the Department
20 each month by the 20th day of the month next following the
21 month during which such tax liability is incurred and shall
22 make payment to the Department on or before the 7th, 15th,
23 22nd and last day of the month during which such liability is
24 incurred. If the month during which such tax liability is
25 incurred began prior to January 1, 1985, each payment shall
26 be in an amount equal to 1/4 of the taxpayer's actual
27 liability for the month or an amount set by the Department
28 not to exceed 1/4 of the average monthly liability of the
29 taxpayer to the Department for the preceding 4 complete
30 calendar quarters (excluding the month of highest liability
31 and the month of lowest liability in such 4 quarter period).
32 If the month during which such tax liability is incurred
33 begins on or after January 1, 1985 and prior to January 1,
34 1987, each payment shall be in an amount equal to 22.5% of
-267- LRB9203186EGfg
1 the taxpayer's actual liability for the month or 27.5% of the
2 taxpayer's liability for the same calendar month of the
3 preceding year. If the month during which such tax liability
4 is incurred begins on or after January 1, 1987 and prior to
5 January 1, 1988, each payment shall be in an amount equal to
6 22.5% of the taxpayer's actual liability for the month or
7 26.25% of the taxpayer's liability for the same calendar
8 month of the preceding year. If the month during which such
9 tax liability is incurred begins on or after January 1, 1988,
10 and prior to January 1, 1989, or begins on or after January
11 1, 1996, each payment shall be in an amount equal to 22.5% of
12 the taxpayer's actual liability for the month or 25% of the
13 taxpayer's liability for the same calendar month of the
14 preceding year. If the month during which such tax liability
15 is incurred begins on or after January 1, 1989, and prior to
16 January 1, 1996, each payment shall be in an amount equal to
17 22.5% of the taxpayer's actual liability for the month or 25%
18 of the taxpayer's liability for the same calendar month of
19 the preceding year or 100% of the taxpayer's actual liability
20 for the quarter monthly reporting period. The amount of such
21 quarter monthly payments shall be credited against the final
22 tax liability of the taxpayer's return for that month.
23 Before October 1, 2000, once applicable, the requirement of
24 the making of quarter monthly payments to the Department by
25 taxpayers having an average monthly tax liability of $10,000
26 or more as determined in the manner provided above shall
27 continue until such taxpayer's average monthly liability to
28 the Department during the preceding 4 complete calendar
29 quarters (excluding the month of highest liability and the
30 month of lowest liability) is less than $9,000, or until such
31 taxpayer's average monthly liability to the Department as
32 computed for each calendar quarter of the 4 preceding
33 complete calendar quarter period is less than $10,000.
34 However, if a taxpayer can show the Department that a
-268- LRB9203186EGfg
1 substantial change in the taxpayer's business has occurred
2 which causes the taxpayer to anticipate that his average
3 monthly tax liability for the reasonably foreseeable future
4 will fall below the $10,000 threshold stated above, then such
5 taxpayer may petition the Department for a change in such
6 taxpayer's reporting status. On and after October 1, 2000,
7 once applicable, the requirement of the making of quarter
8 monthly payments to the Department by taxpayers having an
9 average monthly tax liability of $20,000 or more as
10 determined in the manner provided above shall continue until
11 such taxpayer's average monthly liability to the Department
12 during the preceding 4 complete calendar quarters (excluding
13 the month of highest liability and the month of lowest
14 liability) is less than $19,000 or until such taxpayer's
15 average monthly liability to the Department as computed for
16 each calendar quarter of the 4 preceding complete calendar
17 quarter period is less than $20,000. However, if a taxpayer
18 can show the Department that a substantial change in the
19 taxpayer's business has occurred which causes the taxpayer to
20 anticipate that his average monthly tax liability for the
21 reasonably foreseeable future will fall below the $20,000
22 threshold stated above, then such taxpayer may petition the
23 Department for a change in such taxpayer's reporting status.
24 The Department shall change such taxpayer's reporting status
25 unless it finds that such change is seasonal in nature and
26 not likely to be long term. If any such quarter monthly
27 payment is not paid at the time or in the amount required by
28 this Section, then the taxpayer shall be liable for penalties
29 and interest on the difference between the minimum amount due
30 as a payment and the amount of such quarter monthly payment
31 actually and timely paid, except insofar as the taxpayer has
32 previously made payments for that month to the Department in
33 excess of the minimum payments previously due as provided in
34 this Section. The Department shall make reasonable rules and
-269- LRB9203186EGfg
1 regulations to govern the quarter monthly payment amount and
2 quarter monthly payment dates for taxpayers who file on other
3 than a calendar monthly basis.
4 Without regard to whether a taxpayer is required to make
5 quarter monthly payments as specified above, any taxpayer who
6 is required by Section 2d of this Act to collect and remit
7 prepaid taxes and has collected prepaid taxes which average
8 in excess of $25,000 per month during the preceding 2
9 complete calendar quarters, shall file a return with the
10 Department as required by Section 2f and shall make payments
11 to the Department on or before the 7th, 15th, 22nd and last
12 day of the month during which such liability is incurred. If
13 the month during which such tax liability is incurred began
14 prior to the effective date of this amendatory Act of 1985,
15 each payment shall be in an amount not less than 22.5% of the
16 taxpayer's actual liability under Section 2d. If the month
17 during which such tax liability is incurred begins on or
18 after January 1, 1986, each payment shall be in an amount
19 equal to 22.5% of the taxpayer's actual liability for the
20 month or 27.5% of the taxpayer's liability for the same
21 calendar month of the preceding calendar year. If the month
22 during which such tax liability is incurred begins on or
23 after January 1, 1987, each payment shall be in an amount
24 equal to 22.5% of the taxpayer's actual liability for the
25 month or 26.25% of the taxpayer's liability for the same
26 calendar month of the preceding year. The amount of such
27 quarter monthly payments shall be credited against the final
28 tax liability of the taxpayer's return for that month filed
29 under this Section or Section 2f, as the case may be. Once
30 applicable, the requirement of the making of quarter monthly
31 payments to the Department pursuant to this paragraph shall
32 continue until such taxpayer's average monthly prepaid tax
33 collections during the preceding 2 complete calendar quarters
34 is $25,000 or less. If any such quarter monthly payment is
-270- LRB9203186EGfg
1 not paid at the time or in the amount required, the taxpayer
2 shall be liable for penalties and interest on such
3 difference, except insofar as the taxpayer has previously
4 made payments for that month in excess of the minimum
5 payments previously due.
6 If any payment provided for in this Section exceeds the
7 taxpayer's liabilities under this Act, the Use Tax Act, the
8 Service Occupation Tax Act and the Service Use Tax Act, as
9 shown on an original monthly return, the Department shall, if
10 requested by the taxpayer, issue to the taxpayer a credit
11 memorandum no later than 30 days after the date of payment.
12 The credit evidenced by such credit memorandum may be
13 assigned by the taxpayer to a similar taxpayer under this
14 Act, the Use Tax Act, the Service Occupation Tax Act or the
15 Service Use Tax Act, in accordance with reasonable rules and
16 regulations to be prescribed by the Department. If no such
17 request is made, the taxpayer may credit such excess payment
18 against tax liability subsequently to be remitted to the
19 Department under this Act, the Use Tax Act, the Service
20 Occupation Tax Act or the Service Use Tax Act, in accordance
21 with reasonable rules and regulations prescribed by the
22 Department. If the Department subsequently determined that
23 all or any part of the credit taken was not actually due to
24 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
25 shall be reduced by 2.1% or 1.75% of the difference between
26 the credit taken and that actually due, and that taxpayer
27 shall be liable for penalties and interest on such
28 difference.
29 If a retailer of motor fuel is entitled to a credit under
30 Section 2d of this Act which exceeds the taxpayer's liability
31 to the Department under this Act for the month which the
32 taxpayer is filing a return, the Department shall issue the
33 taxpayer a credit memorandum for the excess.
34 Beginning January 1, 1990, each month the Department
-271- LRB9203186EGfg
1 shall pay into the Local Government Tax Fund, a special fund
2 in the State treasury which is hereby created, the net
3 revenue realized for the preceding month from the 1% tax on
4 sales of food for human consumption which is to be consumed
5 off the premises where it is sold (other than alcoholic
6 beverages, soft drinks and food which has been prepared for
7 immediate consumption) and prescription and nonprescription
8 medicines, drugs, medical appliances and insulin, urine
9 testing materials, syringes and needles used by diabetics.
10 Beginning January 1, 1990, each month the Department
11 shall pay into the County and Mass Transit District Fund, a
12 special fund in the State treasury which is hereby created,
13 4% of the net revenue realized for the preceding month from
14 the 6.25% general rate.
15 Beginning August 1, 2000, each month the Department shall
16 pay into the County and Mass Transit District Fund 20% of the
17 net revenue realized for the preceding month from the 1.25%
18 rate on the selling price of motor fuel and gasohol.
19 Beginning January 1, 1990, each month the Department
20 shall pay into the Local Government Tax Fund 16% of the net
21 revenue realized for the preceding month from the 6.25%
22 general rate on the selling price of tangible personal
23 property.
24 Beginning August 1, 2000, each month the Department shall
25 pay into the Local Government Tax Fund 80% of the net revenue
26 realized for the preceding month from the 1.25% rate on the
27 selling price of motor fuel and gasohol.
28 Of the remainder of the moneys received by the Department
29 pursuant to this Act, (a) 1.75% thereof shall be paid into
30 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
31 and on and after July 1, 1989, 3.8% thereof shall be paid
32 into the Build Illinois Fund; provided, however, that if in
33 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
34 as the case may be, of the moneys received by the Department
-272- LRB9203186EGfg
1 and required to be paid into the Build Illinois Fund pursuant
2 to this Act, Section 9 of the Use Tax Act, Section 9 of the
3 Service Use Tax Act, and Section 9 of the Service Occupation
4 Tax Act, such Acts being hereinafter called the "Tax Acts"
5 and such aggregate of 2.2% or 3.8%, as the case may be, of
6 moneys being hereinafter called the "Tax Act Amount", and (2)
7 the amount transferred to the Build Illinois Fund from the
8 State and Local Sales Tax Reform Fund shall be less than the
9 Annual Specified Amount (as hereinafter defined), an amount
10 equal to the difference shall be immediately paid into the
11 Build Illinois Fund from other moneys received by the
12 Department pursuant to the Tax Acts; the "Annual Specified
13 Amount" means the amounts specified below for fiscal years
14 1986 through 1993:
15 Fiscal Year Annual Specified Amount
16 1986 $54,800,000
17 1987 $76,650,000
18 1988 $80,480,000
19 1989 $88,510,000
20 1990 $115,330,000
21 1991 $145,470,000
22 1992 $182,730,000
23 1993 $206,520,000;
24 and means the Certified Annual Debt Service Requirement (as
25 defined in Section 13 of the Build Illinois Bond Act) or the
26 Tax Act Amount, whichever is greater, for fiscal year 1994
27 and each fiscal year thereafter; and further provided, that
28 if on the last business day of any month the sum of (1) the
29 Tax Act Amount required to be deposited into the Build
30 Illinois Bond Account in the Build Illinois Fund during such
31 month and (2) the amount transferred to the Build Illinois
32 Fund from the State and Local Sales Tax Reform Fund shall
33 have been less than 1/12 of the Annual Specified Amount, an
34 amount equal to the difference shall be immediately paid into
-273- LRB9203186EGfg
1 the Build Illinois Fund from other moneys received by the
2 Department pursuant to the Tax Acts; and, further provided,
3 that in no event shall the payments required under the
4 preceding proviso result in aggregate payments into the Build
5 Illinois Fund pursuant to this clause (b) for any fiscal year
6 in excess of the greater of (i) the Tax Act Amount or (ii)
7 the Annual Specified Amount for such fiscal year. The
8 amounts payable into the Build Illinois Fund under clause (b)
9 of the first sentence in this paragraph shall be payable only
10 until such time as the aggregate amount on deposit under each
11 trust indenture securing Bonds issued and outstanding
12 pursuant to the Build Illinois Bond Act is sufficient, taking
13 into account any future investment income, to fully provide,
14 in accordance with such indenture, for the defeasance of or
15 the payment of the principal of, premium, if any, and
16 interest on the Bonds secured by such indenture and on any
17 Bonds expected to be issued thereafter and all fees and costs
18 payable with respect thereto, all as certified by the
19 Director of the Bureau of the Budget. If on the last
20 business day of any month in which Bonds are outstanding
21 pursuant to the Build Illinois Bond Act, the aggregate of
22 moneys deposited in the Build Illinois Bond Account in the
23 Build Illinois Fund in such month shall be less than the
24 amount required to be transferred in such month from the
25 Build Illinois Bond Account to the Build Illinois Bond
26 Retirement and Interest Fund pursuant to Section 13 of the
27 Build Illinois Bond Act, an amount equal to such deficiency
28 shall be immediately paid from other moneys received by the
29 Department pursuant to the Tax Acts to the Build Illinois
30 Fund; provided, however, that any amounts paid to the Build
31 Illinois Fund in any fiscal year pursuant to this sentence
32 shall be deemed to constitute payments pursuant to clause (b)
33 of the first sentence of this paragraph and shall reduce the
34 amount otherwise payable for such fiscal year pursuant to
-274- LRB9203186EGfg
1 that clause (b). The moneys received by the Department
2 pursuant to this Act and required to be deposited into the
3 Build Illinois Fund are subject to the pledge, claim and
4 charge set forth in Section 12 of the Build Illinois Bond
5 Act.
6 Subject to payment of amounts into the Build Illinois
7 Fund as provided in the preceding paragraph or in any
8 amendment thereto hereafter enacted, the following specified
9 monthly installment of the amount requested in the
10 certificate of the Chairman of the Metropolitan Pier and
11 Exposition Authority provided under Section 8.25f of the
12 State Finance Act, but not in excess of sums designated as
13 "Total Deposit", shall be deposited in the aggregate from
14 collections under Section 9 of the Use Tax Act, Section 9 of
15 the Service Use Tax Act, Section 9 of the Service Occupation
16 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
17 into the McCormick Place Expansion Project Fund in the
18 specified fiscal years.
19 Fiscal Year Total Deposit
20 1993 $0
21 1994 53,000,000
22 1995 58,000,000
23 1996 61,000,000
24 1997 64,000,000
25 1998 68,000,000
26 1999 71,000,000
27 2000 75,000,000
28 2001 80,000,000
29 2002 84,000,000
30 2003 89,000,000
31 2004 93,000,000
32 2005 97,000,000
33 2006 102,000,000
34 2007 108,000,000
-275- LRB9203186EGfg
1 2008 115,000,000
2 2009 120,000,000
3 2010 126,000,000
4 2011 132,000,000
5 2012 138,000,000
6 2013 and 145,000,000
7 each fiscal year
8 thereafter that bonds
9 are outstanding under
10 Section 13.2 of the
11 Metropolitan Pier and
12 Exposition Authority
13 Act, but not after fiscal year 2029.
14 Beginning July 20, 1993 and in each month of each fiscal
15 year thereafter, one-eighth of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority for that fiscal year, less the amount
18 deposited into the McCormick Place Expansion Project Fund by
19 the State Treasurer in the respective month under subsection
20 (g) of Section 13 of the Metropolitan Pier and Exposition
21 Authority Act, plus cumulative deficiencies in the deposits
22 required under this Section for previous months and years,
23 shall be deposited into the McCormick Place Expansion Project
24 Fund, until the full amount requested for the fiscal year,
25 but not in excess of the amount specified above as "Total
26 Deposit", has been deposited.
27 Subject to payment of amounts into the Build Illinois
28 Fund and the McCormick Place Expansion Project Fund pursuant
29 to the preceding paragraphs or in any amendment thereto
30 hereafter enacted, each month the Department shall pay into
31 the Local Government Distributive Fund 0.4% of the net
32 revenue realized for the preceding month from the 5% general
33 rate or 0.4% of 80% of the net revenue realized for the
34 preceding month from the 6.25% general rate, as the case may
-276- LRB9203186EGfg
1 be, on the selling price of tangible personal property which
2 amount shall, subject to appropriation, be distributed as
3 provided in Section 2 of the State Revenue Sharing Act. No
4 payments or distributions pursuant to this paragraph shall be
5 made if the tax imposed by this Act on photoprocessing
6 products is declared unconstitutional, or if the proceeds
7 from such tax are unavailable for distribution because of
8 litigation.
9 Subject to payment of amounts into the Build Illinois
10 Fund, the McCormick Place Expansion Project Fund, and the
11 Local Government Distributive Fund pursuant to the preceding
12 paragraphs or in any amendments thereto hereafter enacted,
13 beginning July 1, 1993, the Department shall each month pay
14 into the Illinois Tax Increment Fund 0.27% of 80% of the net
15 revenue realized for the preceding month from the 6.25%
16 general rate on the selling price of tangible personal
17 property.
18 Of the remainder of the moneys received by the Department
19 pursuant to this Act, 75% thereof shall be paid into the
20 State Treasury and 25% shall be reserved in a special account
21 and used only for the transfer to the Common School Fund as
22 part of the monthly transfer from the General Revenue Fund in
23 accordance with Section 8a of the State Finance Act.
24 The Department may, upon separate written notice to a
25 taxpayer, require the taxpayer to prepare and file with the
26 Department on a form prescribed by the Department within not
27 less than 60 days after receipt of the notice an annual
28 information return for the tax year specified in the notice.
29 Such annual return to the Department shall include a
30 statement of gross receipts as shown by the retailer's last
31 Federal income tax return. If the total receipts of the
32 business as reported in the Federal income tax return do not
33 agree with the gross receipts reported to the Department of
34 Revenue for the same period, the retailer shall attach to his
-277- LRB9203186EGfg
1 annual return a schedule showing a reconciliation of the 2
2 amounts and the reasons for the difference. The retailer's
3 annual return to the Department shall also disclose the cost
4 of goods sold by the retailer during the year covered by such
5 return, opening and closing inventories of such goods for
6 such year, costs of goods used from stock or taken from stock
7 and given away by the retailer during such year, payroll
8 information of the retailer's business during such year and
9 any additional reasonable information which the Department
10 deems would be helpful in determining the accuracy of the
11 monthly, quarterly or annual returns filed by such retailer
12 as provided for in this Section.
13 If the annual information return required by this Section
14 is not filed when and as required, the taxpayer shall be
15 liable as follows:
16 (i) Until January 1, 1994, the taxpayer shall be
17 liable for a penalty equal to 1/6 of 1% of the tax due
18 from such taxpayer under this Act during the period to be
19 covered by the annual return for each month or fraction
20 of a month until such return is filed as required, the
21 penalty to be assessed and collected in the same manner
22 as any other penalty provided for in this Act.
23 (ii) On and after January 1, 1994, the taxpayer
24 shall be liable for a penalty as described in Section 3-4
25 of the Uniform Penalty and Interest Act.
26 The chief executive officer, proprietor, owner or highest
27 ranking manager shall sign the annual return to certify the
28 accuracy of the information contained therein. Any person
29 who willfully signs the annual return containing false or
30 inaccurate information shall be guilty of perjury and
31 punished accordingly. The annual return form prescribed by
32 the Department shall include a warning that the person
33 signing the return may be liable for perjury.
34 The provisions of this Section concerning the filing of
-278- LRB9203186EGfg
1 an annual information return do not apply to a retailer who
2 is not required to file an income tax return with the United
3 States Government.
4 As soon as possible after the first day of each month,
5 upon certification of the Department of Revenue, the
6 Comptroller shall order transferred and the Treasurer shall
7 transfer from the General Revenue Fund to the Motor Fuel Tax
8 Fund an amount equal to 1.7% of 80% of the net revenue
9 realized under this Act for the second preceding month.
10 Beginning April 1, 2000, this transfer is no longer required
11 and shall not be made.
12 Net revenue realized for a month shall be the revenue
13 collected by the State pursuant to this Act, less the amount
14 paid out during that month as refunds to taxpayers for
15 overpayment of liability.
16 For greater simplicity of administration, manufacturers,
17 importers and wholesalers whose products are sold at retail
18 in Illinois by numerous retailers, and who wish to do so, may
19 assume the responsibility for accounting and paying to the
20 Department all tax accruing under this Act with respect to
21 such sales, if the retailers who are affected do not make
22 written objection to the Department to this arrangement.
23 Any person who promotes, organizes, provides retail
24 selling space for concessionaires or other types of sellers
25 at the Illinois State Fair, DuQuoin State Fair, county fairs,
26 local fairs, art shows, flea markets and similar exhibitions
27 or events, including any transient merchant as defined by
28 Section 2 of the Transient Merchant Act of 1987, is required
29 to file a report with the Department providing the name of
30 the merchant's business, the name of the person or persons
31 engaged in merchant's business, the permanent address and
32 Illinois Retailers Occupation Tax Registration Number of the
33 merchant, the dates and location of the event and other
34 reasonable information that the Department may require. The
-279- LRB9203186EGfg
1 report must be filed not later than the 20th day of the month
2 next following the month during which the event with retail
3 sales was held. Any person who fails to file a report
4 required by this Section commits a business offense and is
5 subject to a fine not to exceed $250.
6 Any person engaged in the business of selling tangible
7 personal property at retail as a concessionaire or other type
8 of seller at the Illinois State Fair, county fairs, art
9 shows, flea markets and similar exhibitions or events, or any
10 transient merchants, as defined by Section 2 of the Transient
11 Merchant Act of 1987, may be required to make a daily report
12 of the amount of such sales to the Department and to make a
13 daily payment of the full amount of tax due. The Department
14 shall impose this requirement when it finds that there is a
15 significant risk of loss of revenue to the State at such an
16 exhibition or event. Such a finding shall be based on
17 evidence that a substantial number of concessionaires or
18 other sellers who are not residents of Illinois will be
19 engaging in the business of selling tangible personal
20 property at retail at the exhibition or event, or other
21 evidence of a significant risk of loss of revenue to the
22 State. The Department shall notify concessionaires and other
23 sellers affected by the imposition of this requirement. In
24 the absence of notification by the Department, the
25 concessionaires and other sellers shall file their returns as
26 otherwise required in this Section.
27 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
28 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
29 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
30 eff. 1-1-01; revised 1-15-01.)
31 Section 37. The Hotel Operators' Occupation Tax Act is
32 amended by changing Section 6 as follows:
-280- LRB9203186EGfg
1 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
2 (Text of Section before amendment by P.A. 91-935)
3 Sec. 6. Except as provided hereinafter in this Section,
4 on or before the last day of each calendar month, every
5 person engaged in the business of renting, leasing or letting
6 rooms in a hotel in this State during the preceding calendar
7 month shall file a return with the Department, stating:
8 1. The name of the operator;
9 2. His residence address and the address of his
10 principal place of business and the address of the
11 principal place of business (if that is a different
12 address) from which he engages in the business of
13 renting, leasing or letting rooms in a hotel in this
14 State;
15 3. Total amount of rental receipts received by him
16 during the preceding calendar month from renting, leasing
17 or letting rooms during such preceding calendar month;
18 4. Total amount of rental receipts received by him
19 during the preceding calendar month from renting, leasing
20 or letting rooms to permanent residents during such
21 preceding calendar month;
22 5. Total amount of other exclusions from gross
23 rental receipts allowed by this Act;
24 6. Gross rental receipts which were received by him
25 during the preceding calendar month and upon the basis of
26 which the tax is imposed;
27 7. The amount of tax due;
28 8. Such other reasonable information as the
29 Department may require.
30 If the operator's average monthly tax liability to the
31 Department does not exceed $200, the Department may authorize
32 his returns to be filed on a quarter annual basis, with the
33 return for January, February and March of a given year being
34 due by April 30 of such year; with the return for April, May
-281- LRB9203186EGfg
1 and June of a given year being due by July 31 of such year;
2 with the return for July, August and September of a given
3 year being due by October 31 of such year, and with the
4 return for October, November and December of a given year
5 being due by January 31 of the following year.
6 If the operator's average monthly tax liability to the
7 Department does not exceed $50, the Department may authorize
8 his returns to be filed on an annual basis, with the return
9 for a given year being due by January 31 of the following
10 year.
11 Such quarter annual and annual returns, as to form and
12 substance, shall be subject to the same requirements as
13 monthly returns.
14 Notwithstanding any other provision in this Act
15 concerning the time within which an operator may file his
16 return, in the case of any operator who ceases to engage in a
17 kind of business which makes him responsible for filing
18 returns under this Act, such operator shall file a final
19 return under this Act with the Department not more than 1
20 month after discontinuing such business.
21 Where the same person has more than 1 business registered
22 with the Department under separate registrations under this
23 Act, such person shall not file each return that is due as a
24 single return covering all such registered businesses, but
25 shall file separate returns for each such registered
26 business.
27 In his return, the operator shall determine the value of
28 any consideration other than money received by him in
29 connection with the renting, leasing or letting of rooms in
30 the course of his business and he shall include such value in
31 his return. Such determination shall be subject to review
32 and revision by the Department in the manner hereinafter
33 provided for the correction of returns.
34 Where the operator is a corporation, the return filed on
-282- LRB9203186EGfg
1 behalf of such corporation shall be signed by the president,
2 vice-president, secretary or treasurer or by the properly
3 accredited agent of such corporation.
4 The person filing the return herein provided for shall,
5 at the time of filing such return, pay to the Department the
6 amount of tax herein imposed. The operator filing the return
7 under this Section shall, at the time of filing such return,
8 pay to the Department the amount of tax imposed by this Act
9 less a discount of 2.1% or $25 per calendar year, whichever
10 is greater, which is allowed to reimburse the operator for
11 the expenses incurred in keeping records, preparing and
12 filing returns, remitting the tax and supplying data to the
13 Department on request.
14 There shall be deposited in the Build Illinois Fund in
15 the State Treasury for each State fiscal year 40% of the
16 amount of total net proceeds from the tax imposed by
17 subsection (a) of Section 3. Of the remaining 60%,
18 $5,000,000 shall be deposited in the Illinois Sports
19 Facilities Fund and credited to the Subsidy Account each
20 fiscal year by making monthly deposits in the amount of 1/8
21 of $5,000,000 plus cumulative deficiencies in such deposits
22 for prior months, and an additional $8,000,000 shall be
23 deposited in the Illinois Sports Facilities Fund and credited
24 to the Advance Account each fiscal year by making monthly
25 deposits in the amount of 1/8 of $8,000,000 plus any
26 cumulative deficiencies in such deposits for prior months.
27 (The deposits of the additional $8,000,000 during each fiscal
28 year shall be treated as advances of funds to the Illinois
29 Sports Facilities Authority for its corporate purposes to the
30 extent paid to the Authority or its trustee and shall be
31 repaid into the General Revenue Fund in the State Treasury by
32 the State Treasurer on behalf of the Authority solely from
33 collections of the tax imposed by the Authority pursuant to
34 Section 19 of the Illinois Sports Facilities Act, as
-283- LRB9203186EGfg
1 amended.)
2 Of the remaining 60% of the amount of total net proceeds
3 from the tax imposed by subsection (a) of Section 3 after all
4 required deposits in the Illinois Sports Facilities Fund, the
5 amount equal to 8% of the net revenue realized from the Hotel
6 Operators' Occupation Tax Act plus an amount equal to 8% of
7 the net revenue realized from any tax imposed under Section
8 4.05 of the Chicago World's Fair-1992 Authority during the
9 preceding month shall be deposited in the Local Tourism Fund
10 each month for purposes authorized by Section 605-705 of the
11 Department of Commerce and Community Affairs Law (20 ILCS
12 605/605-705) in the Local Tourism Fund, and beginning August
13 1, 1999, the amount equal to 6% of the net revenue realized
14 from the Hotel Operators' Occupation Tax Act during the
15 preceding month shall be deposited into the International
16 Tourism Fund for the purposes authorized in Section 605-725
17 of the Department of Commerce and Community Affairs Law 46.6d
18 of the Civil Administrative Code of Illinois. "Net revenue
19 realized for a month" means the revenue collected by the
20 State under that Act during the previous month less the
21 amount paid out during that same month as refunds to
22 taxpayers for overpayment of liability under that Act.
23 After making all these deposits, all other proceeds of
24 the tax imposed under subsection (a) of Section 3 shall be
25 deposited in the General Revenue Fund in the State Treasury.
26 All moneys received by the Department from the additional tax
27 imposed under subsection (b) of Section 3 shall be deposited
28 into the Build Illinois Fund in the State Treasury.
29 The Department may, upon separate written notice to a
30 taxpayer, require the taxpayer to prepare and file with the
31 Department on a form prescribed by the Department within not
32 less than 60 days after receipt of the notice an annual
33 information return for the tax year specified in the notice.
34 Such annual return to the Department shall include a
-284- LRB9203186EGfg
1 statement of gross receipts as shown by the operator's last
2 State income tax return. If the total receipts of the
3 business as reported in the State income tax return do not
4 agree with the gross receipts reported to the Department for
5 the same period, the operator shall attach to his annual
6 information return a schedule showing a reconciliation of the
7 2 amounts and the reasons for the difference. The operator's
8 annual information return to the Department shall also
9 disclose pay roll information of the operator's business
10 during the year covered by such return and any additional
11 reasonable information which the Department deems would be
12 helpful in determining the accuracy of the monthly, quarterly
13 or annual tax returns by such operator as hereinbefore
14 provided for in this Section.
15 If the annual information return required by this Section
16 is not filed when and as required the taxpayer shall be
17 liable for a penalty in an amount determined in accordance
18 with Section 3-4 of the Uniform Penalty and Interest Act
19 until such return is filed as required, the penalty to be
20 assessed and collected in the same manner as any other
21 penalty provided for in this Act.
22 The chief executive officer, proprietor, owner or highest
23 ranking manager shall sign the annual return to certify the
24 accuracy of the information contained therein. Any person
25 who willfully signs the annual return containing false or
26 inaccurate information shall be guilty of perjury and
27 punished accordingly. The annual return form prescribed by
28 the Department shall include a warning that the person
29 signing the return may be liable for perjury.
30 The foregoing portion of this Section concerning the
31 filing of an annual information return shall not apply to an
32 operator who is not required to file an income tax return
33 with the United States Government.
34 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
-285- LRB9203186EGfg
1 91-604, eff. 8-16-99; revised 10-27-99.)
2 (Text of Section after amendment by P.A. 91-935)
3 Sec. 6. Except as provided hereinafter in this Section,
4 on or before the last day of each calendar month, every
5 person engaged in the business of renting, leasing or letting
6 rooms in a hotel in this State during the preceding calendar
7 month shall file a return with the Department, stating:
8 1. The name of the operator;
9 2. His residence address and the address of his
10 principal place of business and the address of the
11 principal place of business (if that is a different
12 address) from which he engages in the business of
13 renting, leasing or letting rooms in a hotel in this
14 State;
15 3. Total amount of rental receipts received by him
16 during the preceding calendar month from renting, leasing
17 or letting rooms during such preceding calendar month;
18 4. Total amount of rental receipts received by him
19 during the preceding calendar month from renting, leasing
20 or letting rooms to permanent residents during such
21 preceding calendar month;
22 5. Total amount of other exclusions from gross
23 rental receipts allowed by this Act;
24 6. Gross rental receipts which were received by him
25 during the preceding calendar month and upon the basis of
26 which the tax is imposed;
27 7. The amount of tax due;
28 8. Such other reasonable information as the
29 Department may require.
30 If the operator's average monthly tax liability to the
31 Department does not exceed $200, the Department may authorize
32 his returns to be filed on a quarter annual basis, with the
33 return for January, February and March of a given year being
34 due by April 30 of such year; with the return for April, May
-286- LRB9203186EGfg
1 and June of a given year being due by July 31 of such year;
2 with the return for July, August and September of a given
3 year being due by October 31 of such year, and with the
4 return for October, November and December of a given year
5 being due by January 31 of the following year.
6 If the operator's average monthly tax liability to the
7 Department does not exceed $50, the Department may authorize
8 his returns to be filed on an annual basis, with the return
9 for a given year being due by January 31 of the following
10 year.
11 Such quarter annual and annual returns, as to form and
12 substance, shall be subject to the same requirements as
13 monthly returns.
14 Notwithstanding any other provision in this Act
15 concerning the time within which an operator may file his
16 return, in the case of any operator who ceases to engage in a
17 kind of business which makes him responsible for filing
18 returns under this Act, such operator shall file a final
19 return under this Act with the Department not more than 1
20 month after discontinuing such business.
21 Where the same person has more than 1 business registered
22 with the Department under separate registrations under this
23 Act, such person shall not file each return that is due as a
24 single return covering all such registered businesses, but
25 shall file separate returns for each such registered
26 business.
27 In his return, the operator shall determine the value of
28 any consideration other than money received by him in
29 connection with the renting, leasing or letting of rooms in
30 the course of his business and he shall include such value in
31 his return. Such determination shall be subject to review
32 and revision by the Department in the manner hereinafter
33 provided for the correction of returns.
34 Where the operator is a corporation, the return filed on
-287- LRB9203186EGfg
1 behalf of such corporation shall be signed by the president,
2 vice-president, secretary or treasurer or by the properly
3 accredited agent of such corporation.
4 The person filing the return herein provided for shall,
5 at the time of filing such return, pay to the Department the
6 amount of tax herein imposed. The operator filing the return
7 under this Section shall, at the time of filing such return,
8 pay to the Department the amount of tax imposed by this Act
9 less a discount of 2.1% or $25 per calendar year, whichever
10 is greater, which is allowed to reimburse the operator for
11 the expenses incurred in keeping records, preparing and
12 filing returns, remitting the tax and supplying data to the
13 Department on request.
14 There shall be deposited in the Build Illinois Fund in
15 the State Treasury for each State fiscal year 40% of the
16 amount of total net proceeds from the tax imposed by
17 subsection (a) of Section 3. Of the remaining 60%,
18 $5,000,000 shall be deposited in the Illinois Sports
19 Facilities Fund and credited to the Subsidy Account each
20 fiscal year by making monthly deposits in the amount of 1/8
21 of $5,000,000 plus cumulative deficiencies in such deposits
22 for prior months, and an additional $8,000,000 shall be
23 deposited in the Illinois Sports Facilities Fund and credited
24 to the Advance Account each fiscal year by making monthly
25 deposits in the amount of 1/8 of $8,000,000 plus any
26 cumulative deficiencies in such deposits for prior months;
27 provided, that for fiscal years ending after June 30, 2001,
28 the amount to be so deposited into the Illinois Sports
29 Facilities Fund and credited to the Advance Account each
30 fiscal year shall be increased from $8,000,000 to the then
31 applicable Advance Amount and the required monthly deposits
32 beginning with July 2001 shall be in the amount of 1/8 of the
33 then applicable Advance Amount plus any cumulative
34 deficiencies in those deposits for prior months. (The
-288- LRB9203186EGfg
1 deposits of the additional $8,000,000 or the then applicable
2 Advance Amount, as applicable, during each fiscal year shall
3 be treated as advances of funds to the Illinois Sports
4 Facilities Authority for its corporate purposes to the extent
5 paid to the Authority or its trustee and shall be repaid into
6 the General Revenue Fund in the State Treasury by the State
7 Treasurer on behalf of the Authority pursuant to Section 19
8 of the Illinois Sports Facilities Authority Act, as amended.
9 If in any fiscal year the full amount of the then applicable
10 Advance Amount is not repaid into the General Revenue Fund,
11 then the deficiency shall be paid from the amount in the
12 Local Government Distributive Fund that would otherwise be
13 allocated to the City of Chicago under the State Revenue
14 Sharing Act.)
15 For purposes of the foregoing paragraph, the term
16 "Advance Amount" means, for fiscal year 2002, $22,179,000,
17 and for subsequent fiscal years through fiscal year 2032,
18 105.615% of the Advance Amount for the immediately preceding
19 fiscal year, rounded up to the nearest $1,000.
20 Of the remaining 60% of the amount of total net proceeds
21 from the tax imposed by subsection (a) of Section 3 after all
22 required deposits in the Illinois Sports Facilities Fund, the
23 amount equal to 8% of the net revenue realized from the Hotel
24 Operators' Occupation Tax Act plus an amount equal to 8% of
25 the net revenue realized from any tax imposed under Section
26 4.05 of the Chicago World's Fair-1992 Authority Act during
27 the preceding month shall be deposited in the Local Tourism
28 Fund each month for purposes authorized by Section 605-705 of
29 the Department of Commerce and Community Affairs Law (20 ILCS
30 605/605-705) in the Local Tourism Fund, and beginning August
31 1, 1999 the amount equal to 6% of the net revenue realized
32 from the Hotel Operators' Occupation Tax Act during the
33 preceding month shall be deposited into the International
34 Tourism Fund for the purposes authorized in Section 46.6d of
-289- LRB9203186EGfg
1 the Civil Administrative Code of Illinois. "Net revenue
2 realized for a month" means the revenue collected by the
3 State under that Act during the previous month less the
4 amount paid out during that same month as refunds to
5 taxpayers for overpayment of liability under that Act.
6 After making all these deposits, all other proceeds of
7 the tax imposed under subsection (a) of Section 3 shall be
8 deposited in the General Revenue Fund in the State Treasury.
9 All moneys received by the Department from the additional tax
10 imposed under subsection (b) of Section 3 shall be deposited
11 into the Build Illinois Fund in the State Treasury.
12 The Department may, upon separate written notice to a
13 taxpayer, require the taxpayer to prepare and file with the
14 Department on a form prescribed by the Department within not
15 less than 60 days after receipt of the notice an annual
16 information return for the tax year specified in the notice.
17 Such annual return to the Department shall include a
18 statement of gross receipts as shown by the operator's last
19 State income tax return. If the total receipts of the
20 business as reported in the State income tax return do not
21 agree with the gross receipts reported to the Department for
22 the same period, the operator shall attach to his annual
23 information return a schedule showing a reconciliation of the
24 2 amounts and the reasons for the difference. The operator's
25 annual information return to the Department shall also
26 disclose pay roll information of the operator's business
27 during the year covered by such return and any additional
28 reasonable information which the Department deems would be
29 helpful in determining the accuracy of the monthly, quarterly
30 or annual tax returns by such operator as hereinbefore
31 provided for in this Section.
32 If the annual information return required by this Section
33 is not filed when and as required the taxpayer shall be
34 liable for a penalty in an amount determined in accordance
-290- LRB9203186EGfg
1 with Section 3-4 of the Uniform Penalty and Interest Act
2 until such return is filed as required, the penalty to be
3 assessed and collected in the same manner as any other
4 penalty provided for in this Act.
5 The chief executive officer, proprietor, owner or highest
6 ranking manager shall sign the annual return to certify the
7 accuracy of the information contained therein. Any person
8 who willfully signs the annual return containing false or
9 inaccurate information shall be guilty of perjury and
10 punished accordingly. The annual return form prescribed by
11 the Department shall include a warning that the person
12 signing the return may be liable for perjury.
13 The foregoing portion of this Section concerning the
14 filing of an annual information return shall not apply to an
15 operator who is not required to file an income tax return
16 with the United States Government.
17 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
18 91-604, eff. 8-16-99; 91-935, eff. 6-1-01.)
19 Section 38. The Property Tax Code is amended by changing
20 Sections 15-35, 15-105, and 27-10 and setting forth and
21 renumbering multiple versions of the Article 10, Division 11
22 heading and Sections 10-235 and 10-240 as follows:
23 (35 ILCS 200/Art. 10, Div. 11 heading)
24 DIVISION 11. LOW-INCOME HOUSING
25 (35 ILCS 200/10-235)
26 Sec. 10-235. Section 515 low-income housing project
27 valuation policy; intent. It is the policy of this State that
28 low-income housing projects under Section 515 of the federal
29 Housing Act shall be valued at 33 and one-third percent of
30 the fair market value of their economic productivity to the
31 owners of the projects to help insure that their valuation
-291- LRB9203186EGfg
1 for property taxation does not result in taxes so high that
2 rent levels must be raised to cover this project expense,
3 which can cause excess vacancies, project loan defaults, and
4 eventual loss of rental housing facilities for those most in
5 need of them, low-income families and the elderly. It is the
6 intent of this State that the valuation required by this
7 Division is the closest representation of cash value required
8 by law and is the method established as proper and fair.
9 (Source: P.A. 91-651, eff. 1-1-00.)
10 (35 ILCS 200/10-240)
11 Sec. 10-240. Definition of Section 515 low-income housing
12 projects. "Section 515 low-income housing projects" mean
13 rental apartment facilities (i) developed and managed under a
14 United States Department of Agriculture Rural Rental Housing
15 Program designed to provide affordable housing to low to
16 moderate income families and seniors in rural communities
17 with populations under 20,000, (ii) that receive a subsidy in
18 the form of a 1% loan interest rate and a 50-year
19 amortization of the mortgage, (iii) that would not have been
20 built without a Section 515 interest credit subsidy, and (iv)
21 where the owners of the projects are limited to an annual
22 profit of an 8% return on a 5% equity investment, which may
23 result in a modest cash flow to owners of the projects unless
24 actual expenses, including property taxes, exceed budget
25 projections, in which case no profit may be realized.
26 (Source: P.A. 91-651, eff. 1-1-00.)
27 (35 ILCS 200/10-260)
28 Sec. 10-260. 10-235. Low-income housing. In determining
29 the fair cash value of property receiving benefits from the
30 Low-Income Housing Tax Credit authorized by Section 42 of the
31 Internal Revenue Code, 26 U.S.C. 42, emphasis shall be given
32 to the income approach, except in those circumstances where
-292- LRB9203186EGfg
1 another method is clearly more appropriate.
2 (Source: P.A. 91-502, eff. 8-13-99; revised 1-10-00.)
3 (35 ILCS 200/Art. 10, Div. 12 heading)
4 DIVISION 12. 11. VETERANS ORGANIZATION PROPERTY
5 (35 ILCS 200/10-300)
6 Sec. 10-300. 10-240. Veterans organization assessment
7 freeze.
8 (a) For the taxable year 2000 and thereafter, the
9 assessed value of real property owned and used by a veterans
10 organization chartered under federal law, on which is located
11 the principal building for the post, camp, or chapter, must
12 be frozen by the chief county assessment officer at (i) 15%
13 of the 1999 assessed value of the property for property that
14 qualifies for the assessment freeze in taxable year 2000 or
15 (ii) 15% of the assessed value of the property for the
16 taxable year that the property first qualifies for the
17 assessment freeze after taxable year 2000. If, in any year,
18 improvements or additions are made to the property that would
19 increase the assessed value of the property were it not for
20 this Section, then 15% of the assessed value of such
21 improvements shall be added to the assessment of the property
22 for that year and all subsequent years the property is
23 eligible for the freeze.
24 (b) The veterans organization must annually submit an
25 application to the chief county assessment officer on or
26 before (i) January 31 of the assessment year in counties with
27 a population of 3,000,000 or more and (ii) December 31 of the
28 assessment year in all other counties. The initial
29 application must contain the information required by the
30 Department of Revenue, including (i) a copy of the
31 organization's congressional charter, (ii) the location or
32 description of the property on which is located the principal
-293- LRB9203186EGfg
1 building for the post, camp, or chapter, (iii) a written
2 instrument evidencing that the organization is the record
3 owner or has a legal or equitable interest in the property,
4 (iv) an affidavit that the organization is liable for paying
5 the real property taxes on the property, and (v) the
6 signature of the organization's chief presiding officer.
7 Subsequent applications shall include any changes in the
8 initial application and shall be signed by the organization's
9 chief presiding officer. All applications shall be
10 notarized.
11 (c) This Section shall not apply to parcels exempt under
12 Section 15-145.
13 (Source: P.A. 91-635, eff. 8-20-99; revised 1-10-00.)
14 (35 ILCS 200/15-35)
15 Sec. 15-35. Schools. All property donated by the United
16 States for school purposes, and all property of schools, not
17 sold or leased or otherwise used with a view to profit, is
18 exempt, whether owned by a resident or non-resident of this
19 State or by a corporation incorporated in any state of the
20 United States. Also exempt is:
21 (a) property of schools which is leased to a
22 municipality to be used for municipal purposes on a
23 not-for-profit basis;
24 (b) property of schools on which the schools are
25 located and any other property of schools used by the
26 schools exclusively for school purposes, including, but
27 not limited to, student residence halls, dormitories and
28 other housing facilities for students and their spouses
29 and children, staff housing facilities, and school-owned
30 and operated dormitory or residence halls occupied in
31 whole or in part by students who belong to fraternities,
32 sororities, or other campus organizations;
33 (c) property donated, granted, received or used for
-294- LRB9203186EGfg
1 public school, college, theological seminary, university,
2 or other educational purposes, whether held in trust or
3 absolutely;
4 (d) in counties with more than 200,000 inhabitants
5 which classify property, property (including interests in
6 land and other facilities) on or adjacent to (even if
7 separated by a public street, alley, sidewalk, parkway or
8 other public way) the grounds of a school, if that
9 property is used by an academic, research or professional
10 society, institute, association or organization which
11 serves the advancement of learning in a field or fields
12 of study taught by the school and which property is not
13 used with a view to profit; and
14 (e) property owned by a school district. The
15 exemption under this subsection is not affected by any
16 transaction in which, for the purpose of obtaining
17 financing, the school district, directly or indirectly,
18 leases or otherwise transfers the property to another for
19 which or whom property is not exempt and immediately
20 after the lease or transfer enters into a leaseback or
21 other agreement that directly or indirectly gives the
22 school district a right to use, control, and possess the
23 property. In the case of a conveyance of the property,
24 the school district must retain an option to purchase the
25 property at a future date or, within the limitations
26 period for reverters, the property must revert back to
27 the school district.
28 (1) If the property has been conveyed as
29 described in this subsection, the property is no
30 longer exempt under this Section as of the date
31 when:
32 (A) the right of the school district to
33 use, control, and possess the property is
34 terminated;
-295- LRB9203186EGfg
1 (B) the school district no longer has an
2 option to purchase or otherwise acquire the
3 property; and
4 (C) there is no provision for a reverter
5 of the property to the school district within
6 the limitations period for reverters.
7 (2) Pursuant to Sections 15-15 and 15-20 of
8 this Code, the school district shall notify the
9 chief county assessment officer of any transaction
10 under this subsection. The chief county assessment
11 officer shall determine initial and continuing
12 compliance with the requirements of this subsection
13 for tax exemption. Failure to notify the chief
14 county assessment officer of a transaction under
15 this subsection or to otherwise comply with the
16 requirements of Sections 15-15 and 15-20 of this
17 Code shall, in the discretion of the chief county
18 assessment officer, constitute cause to terminate
19 the exemption, notwithstanding any other provision
20 of this Code.
21 (3) No provision of this subsection shall be
22 construed to affect the obligation of the school
23 district to which an exemption certificate has been
24 issued under this Section from its obligation under
25 Section 15-10 of this Code to file an annual
26 certificate of status or to notify the chief county
27 assessment officer of transfers of interest or other
28 changes in the status of the property as required by
29 this Code.
30 (4) The changes made by this amendatory Act of
31 the 91st General Assembly are declarative of
32 existing law and shall not be construed as a new
33 enactment; and.
34 (f) (e) in counties with more than 200,000
-296- LRB9203186EGfg
1 inhabitants which classify property, property of a
2 corporation, which is an exempt entity under paragraph
3 (3) of Section 501(c) of the Internal Revenue Code or its
4 successor law, used by the corporation for the following
5 purposes: (1) conducting continuing education for
6 professional development of personnel in energy-related
7 industries; (2) maintaining a library of energy
8 technology information available to students and the
9 public free of charge; and (3) conducting research in
10 energy and environment, which research results could be
11 ultimately accessible to persons involved in education.
12 (Source: P.A. 90-655, eff. 7-30-98; 91-513, eff. 8-13-99;
13 91-578, eff. 8-14-99; revised 10-20-99.)
14 (35 ILCS 200/15-105)
15 Sec. 15-105. Park and conservation districts.
16 (a) All property within a park or conservation district
17 with 2,000,000 or more inhabitants and owned by that district
18 is exempt, as is all property located outside the district
19 but owned by it and used as a nursery, garden, or farm for
20 the growing of shrubs, trees, flowers and plants for use in
21 beautifying, maintaining and operating playgrounds, parks,
22 parkways, public grounds, and buildings owned or controlled
23 by the district.
24 (b) All property belonging to any park or conservation
25 district with less than 2,000,000 inhabitants is exempt. All
26 property leased to such park district for $1 or less per year
27 and used exclusively as open space for recreational purposes
28 not exceeding 50 acres in the aggregate for each district is
29 exempt.
30 (c) Also exempt is All property belonging to a park
31 district organized pursuant to the Metro-East Park and
32 Recreation District Act is exempt.
33 (Source: P.A. 91-103, eff. 7-13-99; 91-490, eff. 8-13-99;
-297- LRB9203186EGfg
1 revised 10-7-99.)
2 (35 ILCS 200/27-10)
3 Sec. 27-10. Providing special services. In any case in
4 which a municipality or county exercises the power granted in
5 item Part (6) of Section 7 of Article VII of the Illinois
6 Constitution, or in item (2) of subsection (l) Part (2),
7 paragraph L of Section 6 of Article VII, of the Illinois
8 Constitution to provide special services, a tax to provide
9 those special services service or provide for the payment of
10 debt incurred for that purpose shall be levied or imposed in
11 accordance with this Article.
12 (Source: P.A. 78-901; 88-455; revised 2-9-00.)
13 Section 39. The Motor Fuel Tax Law is amended by
14 changing Sections 1.2, 1.14, and 8 as follows:
15 (35 ILCS 505/1.2) (from Ch. 120, par. 417.2)
16 Sec. 1.2. Distributor. "Distributor" means a person who
17 either (i) produces, refines, blends, compounds or
18 manufactures motor fuel in this State, or (ii) transports
19 motor fuel into this State, or (iii) engages in the
20 distribution of motor fuel primarily by tank car or tank
21 truck, or both, and who operates an Illinois bulk plant where
22 he or she has active bulk storage capacity of not less than
23 30,000 gallons for gasoline as defined in item (A) of Section
24 5 of this Law.
25 "Distributor" does not, however, include a person who
26 receives or transports into this State and sells or uses
27 motor fuel under such circumstances as preclude the
28 collection of the tax herein imposed, by reason of the
29 provisions of the constitution and statutes of the United
30 States. However, a person operating a motor vehicle into the
31 State, may transport motor fuel in the ordinary fuel tank
-298- LRB9203186EGfg
1 attached to the motor vehicle for the operation of the motor
2 vehicle, without being considered a distributor. Any
3 railroad licensed as a bulk user and registered under Section
4 18c-7201 of the Illinois Vehicle Code may deliver special
5 fuel directly into the fuel supply tank of a locomotive
6 owned, operated, or controlled by any other railroad
7 registered under Section 18c-7201 of the Illinois Vehicle
8 Code without being considered a distributor.
9 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
10 revised 10-12-99.)
11 (35 ILCS 505/1.14) (from Ch. 120, par. 417.14)
12 Sec. 1.14. Supplier. "Supplier" means any person other
13 than a licensed distributor who (i) transports special fuel
14 into this State or (ii) engages in the distribution of
15 special fuel primarily by tank car or tank truck, or both,
16 and who operates an Illinois bulk plant where he has active
17 bulk storage capacity of not less than 30,000 gallons for
18 special fuel as defined in Section 1.13 of this Law.
19 "Supplier" does not, however, include a person who
20 receives or transports into this State and sells or uses
21 special fuel under such circumstances as preclude the
22 collection of the tax herein imposed, by reason of the
23 provisions of the Constitution and laws of the United States.
24 However, a person operating a motor vehicle into the State,
25 may transport special fuel in the ordinary fuel tank attached
26 to the motor vehicle for the operation of the motor vehicle
27 without being considered a supplier. Any railroad licensed as
28 a bulk user and registered under Section 18c-7201 of the
29 Illinois Vehicle Code may deliver special fuel directly into
30 the fuel supply tank of a locomotive owned, operated, or
31 controlled by any other railroad registered under Section
32 18c-7201 of the Illinois Vehicle Code without being
33 considered a supplier.
-299- LRB9203186EGfg
1 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
2 revised 10-12-99.)
3 (35 ILCS 505/8) (from Ch. 120, par. 424)
4 Sec. 8. Except as provided in Sections 8a and 13a.6 and
5 items 13, 14, 15, and 16 of Section 15, all money received by
6 the Department under this Act, including payments made to the
7 Department by member jurisdictions participating in the
8 International Fuel Tax Agreement, shall be deposited in a
9 special fund in the State treasury, to be known as the "Motor
10 Fuel Tax Fund", and shall be used as follows:
11 (a) 2 1/2 cents per gallon of the tax collected on
12 special fuel under paragraph (b) of Section 2 and Section 13a
13 of this Act shall be transferred to the State Construction
14 Account Fund in the State Treasury;
15 (b) $420,000 shall be transferred each month to the
16 State Boating Act Fund to be used by the Department of
17 Natural Resources for the purposes specified in Article X of
18 the Boat Registration and Safety Act;
19 (c) $2,250,000 shall be transferred each month to the
20 Grade Crossing Protection Fund to be used as follows: not
21 less than $6,000,000 each fiscal year shall be used for the
22 construction or reconstruction of rail highway grade
23 separation structures; beginning with fiscal year 1997 and
24 ending in fiscal year 2000, $1,500,000, beginning with fiscal
25 year 2001 and ending in fiscal year 2003, $2,250,000, and
26 $750,000 in fiscal year 2004 and each fiscal year thereafter
27 shall be transferred to the Transportation Regulatory Fund
28 and shall be accounted for as part of the rail carrier
29 portion of such funds and shall be used to pay the cost of
30 administration of the Illinois Commerce Commission's railroad
31 safety program in connection with its duties under subsection
32 (3) of Section 18c-7401 of the Illinois Vehicle Code, with
33 the remainder to be used by the Department of Transportation
-300- LRB9203186EGfg
1 upon order of the Illinois Commerce Commission, to pay that
2 part of the cost apportioned by such Commission to the State
3 to cover the interest of the public in the use of highways,
4 roads, streets, or pedestrian walkways in the county highway
5 system, township and district road system, or municipal
6 street system as defined in the Illinois Highway Code, as the
7 same may from time to time be amended, for separation of
8 grades, for installation, construction or reconstruction of
9 crossing protection or reconstruction, alteration, relocation
10 including construction or improvement of any existing highway
11 necessary for access to property or improvement of any grade
12 crossing including the necessary highway approaches thereto
13 of any railroad across the highway or public road, or for the
14 installation, construction, reconstruction, or maintenance of
15 a pedestrian walkway over or under a railroad right-of-way,
16 as provided for in and in accordance with Section 18c-7401 of
17 the Illinois Vehicle Code. The Commission shall not order
18 more than $2,000,000 per year in Grade Crossing Protection
19 Fund moneys for pedestrian walkways. In entering orders for
20 projects for which payments from the Grade Crossing
21 Protection Fund will be made, the Commission shall account
22 for expenditures authorized by the orders on a cash rather
23 than an accrual basis. For purposes of this requirement an
24 "accrual basis" assumes that the total cost of the project is
25 expended in the fiscal year in which the order is entered,
26 while a "cash basis" allocates the cost of the project among
27 fiscal years as expenditures are actually made. To meet the
28 requirements of this subsection, the Illinois Commerce
29 Commission shall develop annual and 5-year project plans of
30 rail crossing capital improvements that will be paid for with
31 moneys from the Grade Crossing Protection Fund. The annual
32 project plan shall identify projects for the succeeding
33 fiscal year and the 5-year project plan shall identify
34 projects for the 5 directly succeeding fiscal years. The
-301- LRB9203186EGfg
1 Commission shall submit the annual and 5-year project plans
2 for this Fund to the Governor, the President of the Senate,
3 the Senate Minority Leader, the Speaker of the House of
4 Representatives, and the Minority Leader of the House of
5 Representatives on the first Wednesday in April of each year;
6 (d) of the amount remaining after allocations provided
7 for in subsections (a), (b) and (c), a sufficient amount
8 shall be reserved to pay all of the following:
9 (1) the costs of the Department of Revenue in
10 administering this Act;
11 (2) the costs of the Department of Transportation
12 in performing its duties imposed by the Illinois Highway
13 Code for supervising the use of motor fuel tax funds
14 apportioned to municipalities, counties and road
15 districts;
16 (3) refunds provided for in Section 13 of this Act
17 and under the terms of the International Fuel Tax
18 Agreement referenced in Section 14a;
19 (4) from October 1, 1985 until June 30, 1994, the
20 administration of the Vehicle Emissions Inspection Law,
21 which amount shall be certified monthly by the
22 Environmental Protection Agency to the State Comptroller
23 and shall promptly be transferred by the State
24 Comptroller and Treasurer from the Motor Fuel Tax Fund to
25 the Vehicle Inspection Fund, and for the period July 1,
26 1994 through June 30, 2000, June 30, 2006, one-twelfth of
27 $25,000,000 each month, and for the period July 1, 2000
28 through June 30, 2006, one-twelfth of $30,000,000 each
29 month, for the administration of the Vehicle Emissions
30 Inspection Law of 1995, to be transferred by the State
31 Comptroller and Treasurer from the Motor Fuel Tax Fund
32 into the Vehicle Inspection Fund;
33 (5) amounts ordered paid by the Court of Claims;
34 and
-302- LRB9203186EGfg
1 (6) payment of motor fuel use taxes due to member
2 jurisdictions under the terms of the International Fuel
3 Tax Agreement. The Department shall certify these
4 amounts to the Comptroller by the 15th day of each month;
5 the Comptroller shall cause orders to be drawn for such
6 amounts, and the Treasurer shall administer those amounts
7 on or before the last day of each month;
8 (e) after allocations for the purposes set forth in
9 subsections (a), (b), (c) and (d), the remaining amount shall
10 be apportioned as follows:
11 (1) Until January 1, 2000, 58.4%, and beginning
12 January 1, 2000, 45.6% shall be deposited as follows:
13 (A) 37% into the State Construction Account
14 Fund, and
15 (B) 63% into the Road Fund, $1,250,000 of
16 which shall be reserved each month for the
17 Department of Transportation to be used in
18 accordance with the provisions of Sections 6-901
19 through 6-906 of the Illinois Highway Code;
20 (2) Until January 1, 2000, 41.6%, and beginning
21 January 1, 2000, 54.4% shall be transferred to the
22 Department of Transportation to be distributed as
23 follows:
24 (A) 49.10% to the municipalities of the State,
25 (B) 16.74% to the counties of the State having
26 1,000,000 or more inhabitants,
27 (C) 18.27% to the counties of the State having
28 less than 1,000,000 inhabitants,
29 (D) 15.89% to the road districts of the State.
30 As soon as may be after the first day of each month the
31 Department of Transportation shall allot to each municipality
32 its share of the amount apportioned to the several
33 municipalities which shall be in proportion to the population
34 of such municipalities as determined by the last preceding
-303- LRB9203186EGfg
1 municipal census if conducted by the Federal Government or
2 Federal census. If territory is annexed to any municipality
3 subsequent to the time of the last preceding census the
4 corporate authorities of such municipality may cause a census
5 to be taken of such annexed territory and the population so
6 ascertained for such territory shall be added to the
7 population of the municipality as determined by the last
8 preceding census for the purpose of determining the allotment
9 for that municipality. If the population of any municipality
10 was not determined by the last Federal census preceding any
11 apportionment, the apportionment to such municipality shall
12 be in accordance with any census taken by such municipality.
13 Any municipal census used in accordance with this Section
14 shall be certified to the Department of Transportation by the
15 clerk of such municipality, and the accuracy thereof shall be
16 subject to approval of the Department which may make such
17 corrections as it ascertains to be necessary.
18 As soon as may be after the first day of each month the
19 Department of Transportation shall allot to each county its
20 share of the amount apportioned to the several counties of
21 the State as herein provided. Each allotment to the several
22 counties having less than 1,000,000 inhabitants shall be in
23 proportion to the amount of motor vehicle license fees
24 received from the residents of such counties, respectively,
25 during the preceding calendar year. The Secretary of State
26 shall, on or before April 15 of each year, transmit to the
27 Department of Transportation a full and complete report
28 showing the amount of motor vehicle license fees received
29 from the residents of each county, respectively, during the
30 preceding calendar year. The Department of Transportation
31 shall, each month, use for allotment purposes the last such
32 report received from the Secretary of State.
33 As soon as may be after the first day of each month, the
34 Department of Transportation shall allot to the several
-304- LRB9203186EGfg
1 counties their share of the amount apportioned for the use of
2 road districts. The allotment shall be apportioned among the
3 several counties in the State in the proportion which the
4 total mileage of township or district roads in the respective
5 counties bears to the total mileage of all township and
6 district roads in the State. Funds allotted to the respective
7 counties for the use of road districts therein shall be
8 allocated to the several road districts in the county in the
9 proportion which the total mileage of such township or
10 district roads in the respective road districts bears to the
11 total mileage of all such township or district roads in the
12 county. After July 1 of any year, no allocation shall be
13 made for any road district unless it levied a tax for road
14 and bridge purposes in an amount which will require the
15 extension of such tax against the taxable property in any
16 such road district at a rate of not less than either .08% of
17 the value thereof, based upon the assessment for the year
18 immediately prior to the year in which such tax was levied
19 and as equalized by the Department of Revenue or, in DuPage
20 County, an amount equal to or greater than $12,000 per mile
21 of road under the jurisdiction of the road district,
22 whichever is less. If any road district has levied a special
23 tax for road purposes pursuant to Sections 6-601, 6-602 and
24 6-603 of the Illinois Highway Code, and such tax was levied
25 in an amount which would require extension at a rate of not
26 less than .08% of the value of the taxable property thereof,
27 as equalized or assessed by the Department of Revenue, or, in
28 DuPage County, an amount equal to or greater than $12,000 per
29 mile of road under the jurisdiction of the road district,
30 whichever is less, such levy shall, however, be deemed a
31 proper compliance with this Section and shall qualify such
32 road district for an allotment under this Section. If a
33 township has transferred to the road and bridge fund money
34 which, when added to the amount of any tax levy of the road
-305- LRB9203186EGfg
1 district would be the equivalent of a tax levy requiring
2 extension at a rate of at least .08%, or, in DuPage County,
3 an amount equal to or greater than $12,000 per mile of road
4 under the jurisdiction of the road district, whichever is
5 less, such transfer, together with any such tax levy, shall
6 be deemed a proper compliance with this Section and shall
7 qualify the road district for an allotment under this
8 Section.
9 In counties in which a property tax extension limitation
10 is imposed under the Property Tax Extension Limitation Law,
11 road districts may retain their entitlement to a motor fuel
12 tax allotment if, at the time the property tax extension
13 limitation was imposed, the road district was levying a road
14 and bridge tax at a rate sufficient to entitle it to a motor
15 fuel tax allotment and continues to levy the maximum
16 allowable amount after the imposition of the property tax
17 extension limitation. Any road district may in all
18 circumstances retain its entitlement to a motor fuel tax
19 allotment if it levied a road and bridge tax in an amount
20 that will require the extension of the tax against the
21 taxable property in the road district at a rate of not less
22 than 0.08% of the assessed value of the property, based upon
23 the assessment for the year immediately preceding the year in
24 which the tax was levied and as equalized by the Department
25 of Revenue or, in DuPage County, an amount equal to or
26 greater than $12,000 per mile of road under the jurisdiction
27 of the road district, whichever is less.
28 As used in this Section the term "road district" means
29 any road district, including a county unit road district,
30 provided for by the Illinois Highway Code; and the term
31 "township or district road" means any road in the township
32 and district road system as defined in the Illinois Highway
33 Code. For the purposes of this Section, "road district" also
34 includes park districts, forest preserve districts and
-306- LRB9203186EGfg
1 conservation districts organized under Illinois law and
2 "township or district road" also includes such roads as are
3 maintained by park districts, forest preserve districts and
4 conservation districts. The Department of Transportation
5 shall determine the mileage of all township and district
6 roads for the purposes of making allotments and allocations
7 of motor fuel tax funds for use in road districts.
8 Payment of motor fuel tax moneys to municipalities and
9 counties shall be made as soon as possible after the
10 allotment is made. The treasurer of the municipality or
11 county may invest these funds until their use is required and
12 the interest earned by these investments shall be limited to
13 the same uses as the principal funds.
14 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
15 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
16 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
17 7-29-99; 91-704, eff. 7-1-00; 91-725, eff. 6-2-00; 91-794,
18 eff. 6-9-00; revised 6-28-00.)
19 Section 39.5. The Telecommunications Municipal
20 Infrastructure Maintenance Fee Act is amended by changing
21 Section 22 as follows:
22 (35 ILCS 635/22)
23 Sec. 22. Certificates. It shall be unlawful for any
24 person to engage in business as a telecommunications
25 telecomunications retailer in this State within the meaning
26 of this Act without first having obtained a certificate of
27 registration to do so from the Department. Application for
28 the certificate shall be made to the Department in a form
29 prescribed and furnished by the Department. Each applicant
30 for a certificate shall furnish to the Department on a form
31 prescribed by the Department and signed by the applicant
32 under penalties of perjury, the following information:
-307- LRB9203186EGfg
1 (1) The name of the applicant.
2 (2) The address of the location at which the
3 applicant proposes to engage in business as a
4 telecommunications retailer in this State.
5 (3) Other information the Department may reasonably
6 require.
7 The Department, upon receipt of an application in proper
8 form, shall issue to the applicant a certificate, in a form
9 prescribed by the Department, which shall permit the
10 applicant to whom it is issued to engage in business as a
11 telecommunications retailer at the place shown on his or her
12 application. No certificate issued under this Act is
13 transferable or assignable. No certificate shall be issued
14 to any person who is in default to the State of Illinois for
15 moneys due under this Act or any other tax Act administered
16 by the Department. Any person aggrieved by any decision of
17 the Department under this Section may, within 20 days after
18 notice of such decision, protest and request a hearing,
19 whereupon the Department shall give notice to such person of
20 the time and place fixed for such hearing and shall hold a
21 hearing in conformity with the provisions of this Act and
22 then issue its final administrative decision in the matter to
23 such person. In the absence of such a protest within 20
24 days, the Department's decision shall become final without
25 any further determination being made or notice given.
26 The Department may, in its discretion, upon application,
27 authorize the payment of the fees imposed under this Act by
28 any telecommunications retailer not otherwise subject to the
29 fees imposed under this Act who, to the satisfaction of the
30 Department, furnishes adequate security to ensure payment of
31 the fees. The telecommunications retailer shall be issued,
32 without charge, a certificate to remit the fees. When so
33 authorized, it shall be the duty of the telecommunications
34 retailer to remit the fees imposed upon the gross charges
-308- LRB9203186EGfg
1 charged by the telecommunications retailer to service
2 addresses in this State for telecommunications in the same
3 manner and subject to the same requirements as a
4 telecommunications retailer operating within this State.
5 (Source: P.A. 90-562, eff. 12-16-97; revised 9-22-00.)
6 Section 40. The Illinois Pension Code is amended by
7 changing Sections 1-109.1, 7-109.3, 15-136, 15-139, 15-154,
8 and 16-138 as follows:
9 (40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1)
10 Sec. 1-109.1. Allocation and Delegation of Fiduciary
11 Duties.
12 (1) Subject to the provisions of Section 22A-113 of this
13 Code and subsections (2) and (3) of this Section, the board
14 of trustees of a retirement system or pension fund
15 established under this Code may:
16 (a) Appoint one or more investment managers as
17 fiduciaries to manage (including the power to acquire and
18 dispose of) any assets of the retirement system or
19 pension fund; and
20 (b) Allocate duties among themselves and designate
21 others as fiduciaries to carry out specific fiduciary
22 activities other than the management of the assets of the
23 retirement system or pension fund.
24 (2) The board of trustees of a pension fund established
25 under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may
26 not transfer its investment authority, nor transfer the
27 assets of the fund to any other person or entity for the
28 purpose of consolidating or merging its assets and management
29 with any other pension fund or public investment authority,
30 unless the board resolution authorizing such transfer is
31 submitted for approval to the contributors and pensioners of
32 the fund at elections held not less than 30 days after the
-309- LRB9203186EGfg
1 adoption of such resolution by the board, and such resolution
2 is approved by a majority of the votes cast on the question
3 in both the contributors election and the pensioners
4 election. The election procedures and qualifications
5 governing the election of trustees shall govern the
6 submission of resolutions for approval under this paragraph,
7 insofar as they may be made applicable.
8 (3) Pursuant to subsections (h) and (i) of Section 6 of
9 Article VII of the Illinois Constitution, the investment
10 authority of boards of trustees of retirement systems and
11 pension funds established under this Code is declared to be a
12 subject of exclusive State jurisdiction, and the concurrent
13 exercise by a home rule unit of any power affecting such
14 investment authority is hereby specifically denied and
15 preempted.
16 (4) For the purposes of this Code, "emerging investment
17 manager" means a qualified investment adviser that manages an
18 investment portfolio of at least $10,000,000 but less than
19 $400,000,000 on January 1, 1993 and is a "minority owned
20 business" or "female owned business" as those terms are
21 defined in the Minority and Female Business Enterprise for
22 Minorities, Females, and Persons with Disabilities Act.
23 It is hereby declared to be the public policy of the
24 State of Illinois to encourage the trustees of public
25 employee retirement systems to use emerging investment
26 managers in managing their system's assets to the greatest
27 extent feasible within the bounds of financial and fiduciary
28 prudence, and to take affirmative steps to remove any
29 barriers to the full participation of emerging investment
30 managers in investment opportunities afforded by those
31 retirement systems.
32 Each retirement system subject to this Code shall prepare
33 a report to be submitted to the Governor and the General
34 Assembly by September 1 of each year. The report shall
-310- LRB9203186EGfg
1 identify the emerging investment managers used by the system,
2 the percentage of the system's assets under the investment
3 control of emerging investment managers, and the actions it
4 has undertaken to increase the use of emerging investment
5 managers, including encouraging other investment managers to
6 use emerging investment managers as subcontractors when the
7 opportunity arises.
8 The use of an emerging investment manager does not
9 constitute a transfer of investment authority for the
10 purposes of subsection (2) of this Section.
11 (Source: P.A. 86-1488; 87-1265; revised 8-23-99)
12 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
13 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
14 (a) "Sheriff's law enforcement employee" or "SLEP"
15 means:
16 (1) A county sheriff and all deputies, other than
17 special deputies, employed on a full time basis in the
18 office of the sheriff.
19 (2) A person who has elected to participate in this
20 Fund under Section 3-109.1 of this Code, and who is
21 employed by a participating municipality to perform
22 police duties.
23 (3) A law enforcement officer employed on a full
24 time basis by a Forest Preserve District, provided that
25 such officer shall be deemed a "sheriff's law enforcement
26 employee" for the purposes of this Article, and service
27 in that capacity shall be deemed to be service as a
28 sheriff's law enforcement employee, only if the board of
29 commissioners of the District have so elected by adoption
30 of an affirmative resolution. Such election, once made,
31 may not be rescinded.
32 (4) A person not eligible to participate in a fund
33 established under Article 3 of this Code who is employed
-311- LRB9203186EGfg
1 on a full-time basis by a participating municipality or
2 participating instrumentality to perform police duties at
3 an airport, but only if the governing authority of the
4 employer has approved sheriff's law enforcement employee
5 status for its airport police employees by adoption of an
6 affirmative resolution. Such approval, once given, may
7 not be rescinded.
8 (b) An employee who is a sheriff's law enforcement
9 employee and is granted military leave or authorized leave of
10 absence shall receive service credit in that capacity.
11 Sheriff's law enforcement employees shall not be entitled to
12 out-of-State out of State service credit under Section 7-139.
13 (Source: P.A. 90-448, eff. 8-16-97; revised 9-27-00.)
14 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
15 Sec. 15-136. Retirement annuities - Amount. The
16 provisions of this Section 15-136 apply only to those
17 participants who are participating in the traditional benefit
18 package or the portable benefit package and do not apply to
19 participants who are participating in the self-managed plan.
20 (a) The amount of a participant's retirement annuity,
21 expressed in the form of a single-life annuity, shall be
22 determined by whichever of the following rules is applicable
23 and provides the largest annuity:
24 Rule 1: The retirement annuity shall be 1.67% of final
25 rate of earnings for each of the first 10 years of service,
26 1.90% for each of the next 10 years of service, 2.10% for
27 each year of service in excess of 20 but not exceeding 30,
28 and 2.30% for each year in excess of 30; or for persons who
29 retire on or after January 1, 1998, 2.2% of the final rate of
30 earnings for each year of service.
31 Rule 2: The retirement annuity shall be the sum of the
32 following, determined from amounts credited to the
33 participant in accordance with the actuarial tables and the
-312- LRB9203186EGfg
1 prescribed rate of interest in effect at the time the
2 retirement annuity begins:
3 (i) the normal annuity which can be provided on an
4 actuarially equivalent basis, by the accumulated normal
5 contributions as of the date the annuity begins; and
6 (ii) an annuity from employer contributions of an
7 amount equal to that which can be provided on an
8 actuarially equivalent basis from the accumulated normal
9 contributions made by the participant under Section
10 15-113.6 and Section 15-113.7 plus 1.4 times all other
11 accumulated normal contributions made by the participant.
12 With respect to a police officer or firefighter who
13 retires on or after August 14, 1998, the accumulated normal
14 contributions taken into account under clauses (i) and (ii)
15 of this Rule 2 shall include the additional normal
16 contributions made by the police officer or firefighter under
17 Section 15-157(a).
18 The amount of a retirement annuity calculated under this
19 Rule 2 shall be computed solely on the basis of the
20 participant's accumulated normal contributions, as specified
21 in this Rule and defined in Section 15-116. Neither an
22 employee or employer contribution for early retirement under
23 Section 15-136.2 nor any other employer contribution shall be
24 used in the calculation of the amount of a retirement annuity
25 under this Rule 2.
26 This amendatory Act of the 91st General Assembly is a
27 clarification of existing law and applies to every
28 participant and annuitant without regard to whether status as
29 an employee terminates before the effective date of this
30 amendatory Act.
31 Rule 3: The retirement annuity of a participant who is
32 employed at least one-half time during the period on which
33 his or her final rate of earnings is based, shall be equal to
34 the participant's years of service not to exceed 30,
-313- LRB9203186EGfg
1 multiplied by (1) $96 if the participant's final rate of
2 earnings is less than $3,500, (2) $108 if the final rate of
3 earnings is at least $3,500 but less than $4,500, (3) $120 if
4 the final rate of earnings is at least $4,500 but less than
5 $5,500, (4) $132 if the final rate of earnings is at least
6 $5,500 but less than $6,500, (5) $144 if the final rate of
7 earnings is at least $6,500 but less than $7,500, (6) $156 if
8 the final rate of earnings is at least $7,500 but less than
9 $8,500, (7) $168 if the final rate of earnings is at least
10 $8,500 but less than $9,500, and (8) $180 if the final rate
11 of earnings is $9,500 or more, except that the annuity for
12 those persons having made an election under Section
13 15-154(a-1) shall be calculated and payable under the
14 portable retirement benefit program pursuant to the
15 provisions of Section 15-136.4.
16 Rule 4: A participant who is at least age 50 and has 25
17 or more years of service as a police officer or firefighter,
18 and a participant who is age 55 or over and has at least 20
19 but less than 25 years of service as a police officer or
20 firefighter, shall be entitled to a retirement annuity of
21 2 1/4% of the final rate of earnings for each of the first 10
22 years of service as a police officer or firefighter, 2 1/2%
23 for each of the next 10 years of service as a police officer
24 or firefighter, and 2 3/4% for each year of service as a
25 police officer or firefighter in excess of 20. The
26 retirement annuity for all other service shall be computed
27 under Rule 1.
28 For purposes of this Rule 4, a participant's service as a
29 firefighter shall also include the following:
30 (i) service that is performed while the person is
31 an employee under subsection (h) of Section 15-107; and
32 (ii) in the case of an individual who was a
33 participating employee employed in the fire department of
34 the University of Illinois's Champaign-Urbana campus
-314- LRB9203186EGfg
1 immediately prior to the elimination of that fire
2 department and who immediately after the elimination of
3 that fire department transferred to another job with the
4 University of Illinois, service performed as an employee
5 of the University of Illinois in a position other than
6 police officer or firefighter, from the date of that
7 transfer until the employee's next termination of service
8 with the University of Illinois.
9 Rule 5: The retirement annuity of a participant who
10 elected early retirement under the provisions of Section
11 15-136.2 and who, on or before February 16, 1995, brought
12 administrative proceedings pursuant to the administrative
13 rules adopted by the System to challenge the calculation of
14 his or her retirement annuity shall be the sum of the
15 following, determined from amounts credited to the
16 participant in accordance with the actuarial tables and the
17 prescribed rate of interest in effect at the time the
18 retirement annuity begins:
19 (i) the normal annuity which can be provided on an
20 actuarially equivalent basis, by the accumulated normal
21 contributions as of the date the annuity begins; and
22 (ii) an annuity from employer contributions of an
23 amount equal to that which can be provided on an
24 actuarially equivalent basis from the accumulated normal
25 contributions made by the participant under Section
26 15-113.6 and Section 15-113.7 plus 1.4 times all other
27 accumulated normal contributions made by the participant;
28 and
29 (iii) an annuity which can be provided on an
30 actuarially equivalent basis from the employee
31 contribution for early retirement under Section 15-136.2,
32 and an annuity from employer contributions of an amount
33 equal to that which can be provided on an actuarially
34 equivalent basis from the employee contribution for early
-315- LRB9203186EGfg
1 retirement under Section 15-136.2.
2 In no event shall a retirement annuity under this Rule 5
3 be lower than the amount obtained by adding (1) the monthly
4 amount obtained by dividing the combined employee and
5 employer contributions made under Section 15-136.2 by the
6 System's annuity factor for the age of the participant at the
7 beginning of the annuity payment period and (2) the amount
8 equal to the participant's annuity if calculated under Rule
9 1, reduced under Section 15-136(b) as if no contributions had
10 been made under Section 15-136.2.
11 With respect to a participant who is qualified for a
12 retirement annuity under this Rule 5 whose retirement annuity
13 began before the effective date of this amendatory Act of the
14 91st General Assembly, and for whom an employee contribution
15 was made under Section 15-136.2, the System shall recalculate
16 the retirement annuity under this Rule 5 and shall pay any
17 additional amounts due in the manner provided in Section
18 15-186.1 for benefits mistakenly set too low.
19 The amount of a retirement annuity calculated under this
20 Rule 5 shall be computed solely on the basis of those
21 contributions specifically set forth in this Rule 5. Except
22 as provided in clause (iii) of this Rule 5, neither an
23 employee nor employer contribution for early retirement under
24 Section 15-136.2, nor any other employer contribution, shall
25 be used in the calculation of the amount of a retirement
26 annuity under this Rule 5.
27 The General Assembly has adopted the changes set forth in
28 Section 25 of this amendatory Act of the 91st General
29 Assembly in recognition that the decision of the Appellate
30 Court for the Fourth District in Mattis v. State Universities
31 Retirement System et al. might be deemed to give some right
32 to the plaintiff in that case. The changes made by Section
33 25 of this amendatory Act of the 91st General Assembly are a
34 legislative implementation of the decision of the Appellate
-316- LRB9203186EGfg
1 Court for the Fourth District in Mattis v. State Universities
2 Retirement System et al. with respect to that plaintiff.
3 The changes made by Section 25 of this amendatory Act of
4 the 91st General Assembly apply without regard to whether the
5 person is in service as an employee on or after its effective
6 date.
7 (b) The retirement annuity provided under Rules 1 and 3
8 above shall be reduced by 1/2 of 1% for each month the
9 participant is under age 60 at the time of retirement.
10 However, this reduction shall not apply in the following
11 cases:
12 (1) For a disabled participant whose disability
13 benefits have been discontinued because he or she has
14 exhausted eligibility for disability benefits under
15 clause (6) of Section 15-152;
16 (2) For a participant who has at least the number
17 of years of service required to retire at any age under
18 subsection (a) of Section 15-135; or
19 (3) For that portion of a retirement annuity which
20 has been provided on account of service of the
21 participant during periods when he or she performed the
22 duties of a police officer or firefighter, if these
23 duties were performed for at least 5 years immediately
24 preceding the date the retirement annuity is to begin.
25 (c) The maximum retirement annuity provided under Rules
26 1, 2, 4, and 5 shall be the lesser of (1) the annual limit of
27 benefits as specified in Section 415 of the Internal Revenue
28 Code of 1986, as such Section may be amended from time to
29 time and as such benefit limits shall be adjusted by the
30 Commissioner of Internal Revenue, and (2) 80% of final rate
31 of earnings.
32 (d) An annuitant whose status as an employee terminates
33 after August 14, 1969 shall receive automatic increases in
34 his or her retirement annuity as follows:
-317- LRB9203186EGfg
1 Effective January 1 immediately following the date the
2 retirement annuity begins, the annuitant shall receive an
3 increase in his or her monthly retirement annuity of 0.125%
4 of the monthly retirement annuity provided under Rule 1, Rule
5 2, Rule 3, Rule 4, or Rule 5, contained in this Section,
6 multiplied by the number of full months which elapsed from
7 the date the retirement annuity payments began to January 1,
8 1972, plus 0.1667% of such annuity, multiplied by the number
9 of full months which elapsed from January 1, 1972, or the
10 date the retirement annuity payments began, whichever is
11 later, to January 1, 1978, plus 0.25% of such annuity
12 multiplied by the number of full months which elapsed from
13 January 1, 1978, or the date the retirement annuity payments
14 began, whichever is later, to the effective date of the
15 increase.
16 The annuitant shall receive an increase in his or her
17 monthly retirement annuity on each January 1 thereafter
18 during the annuitant's life of 3% of the monthly annuity
19 provided under Rule 1, Rule 2, Rule 3, Rule 4, or Rule 5
20 contained in this Section. The change made under this
21 subsection by P.A. 81-970 is effective January 1, 1980 and
22 applies to each annuitant whose status as an employee
23 terminates before or after that date.
24 Beginning January 1, 1990, all automatic annual increases
25 payable under this Section shall be calculated as a
26 percentage of the total annuity payable at the time of the
27 increase, including all increases previously granted under
28 this Article.
29 The change made in this subsection by P.A. 85-1008 is
30 effective January 26, 1988, and is applicable without regard
31 to whether status as an employee terminated before that date.
32 (e) If, on January 1, 1987, or the date the retirement
33 annuity payment period begins, whichever is later, the sum of
34 the retirement annuity provided under Rule 1 or Rule 2 of
-318- LRB9203186EGfg
1 this Section and the automatic annual increases provided
2 under the preceding subsection or Section 15-136.1, amounts
3 to less than the retirement annuity which would be provided
4 by Rule 3, the retirement annuity shall be increased as of
5 January 1, 1987, or the date the retirement annuity payment
6 period begins, whichever is later, to the amount which would
7 be provided by Rule 3 of this Section. Such increased amount
8 shall be considered as the retirement annuity in determining
9 benefits provided under other Sections of this Article. This
10 paragraph applies without regard to whether status as an
11 employee terminated before the effective date of this
12 amendatory Act of 1987, provided that the annuitant was
13 employed at least one-half time during the period on which
14 the final rate of earnings was based.
15 (f) A participant is entitled to such additional annuity
16 as may be provided on an actuarially equivalent basis, by any
17 accumulated additional contributions to his or her credit.
18 However, the additional contributions made by the participant
19 toward the automatic increases in annuity provided under this
20 Section shall not be taken into account in determining the
21 amount of such additional annuity.
22 (g) If, (1) by law, a function of a governmental unit,
23 as defined by Section 20-107 of this Code, is transferred in
24 whole or in part to an employer, and (2) a participant
25 transfers employment from such governmental unit to such
26 employer within 6 months after the transfer of the function,
27 and (3) the sum of (A) the annuity payable to the participant
28 under Rule 1, 2, or 3 of this Section (B) all proportional
29 annuities payable to the participant by all other retirement
30 systems covered by Article 20, and (C) the initial primary
31 insurance amount to which the participant is entitled under
32 the Social Security Act, is less than the retirement annuity
33 which would have been payable if all of the participant's
34 pension credits validated under Section 20-109 had been
-319- LRB9203186EGfg
1 validated under this system, a supplemental annuity equal to
2 the difference in such amounts shall be payable to the
3 participant.
4 (h) On January 1, 1981, an annuitant who was receiving a
5 retirement annuity on or before January 1, 1971 shall have
6 his or her retirement annuity then being paid increased $1
7 per month for each year of creditable service. On January 1,
8 1982, an annuitant whose retirement annuity began on or
9 before January 1, 1977, shall have his or her retirement
10 annuity then being paid increased $1 per month for each year
11 of creditable service.
12 (i) On January 1, 1987, any annuitant whose retirement
13 annuity began on or before January 1, 1977, shall have the
14 monthly retirement annuity increased by an amount equal to 8¢
15 per year of creditable service times the number of years that
16 have elapsed since the annuity began.
17 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
18 eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98;
19 90-766, eff. 8-14-98; 91-887 (Sections 20 and 25), eff.
20 7-6-00; revised 8-31-00.)
21 (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139)
22 Sec. 15-139. Retirement annuities; cancellation;
23 suspended during employment.
24 (a) If an annuitant returns to employment for an
25 employer within 60 days after the beginning of the retirement
26 annuity payment period, the retirement annuity shall be
27 cancelled, and the annuitant shall refund to the System the
28 total amount of the retirement annuity payments which he or
29 she received. If the retirement annuity is cancelled, the
30 participant shall continue to participate in the System.
31 (b) If an annuitant retires prior to age 60 and receives
32 or becomes entitled to receive during any month compensation
33 in excess of the monthly retirement annuity (including any
-320- LRB9203186EGfg
1 automatic annual increases) for services performed after the
2 date of retirement for any employer under this System, that
3 portion of the monthly retirement annuity provided by
4 employer contributions shall not be payable.
5 If an annuitant retires at age 60 or over and receives or
6 becomes entitled to receive during any academic year
7 compensation in excess of the difference between his or her
8 highest annual earnings prior to retirement and his or her
9 annual retirement annuity computed under Rule 1, Rule 2, Rule
10 3, Rule 4, or Rule 5 of Section 15-136, or under Section
11 15-136.4, for services performed after the date of retirement
12 for any employer under this System, that portion of the
13 monthly retirement annuity provided by employer contributions
14 shall be reduced by an amount equal to the compensation that
15 exceeds such difference.
16 However, any remuneration received for serving as a
17 member of the Illinois Educational Labor Relations Board
18 shall be excluded from "compensation" for the purposes of
19 this subsection (b), and serving as a member of the Illinois
20 Educational Labor Relations Board shall not be deemed to be a
21 return to employment for the purposes of this Section. This
22 provision applies without regard to whether service was
23 terminated prior to the effective date of this amendatory Act
24 of 1991.
25 (c) If an employer certifies that an annuitant has been
26 reemployed on a permanent and continuous basis or in a
27 position in which the annuitant is expected to serve for at
28 least 9 months, the annuitant shall resume his or her status
29 as a participating employee and shall be entitled to all
30 rights applicable to participating employees upon filing with
31 the board an election to forego all annuity payments during
32 the period of reemployment. Upon subsequent retirement, the
33 retirement annuity shall consist of the annuity which was
34 terminated by the reemployment, plus the additional
-321- LRB9203186EGfg
1 retirement annuity based upon service granted during the
2 period of reemployment, but the combined retirement annuity
3 shall not exceed the maximum annuity applicable on the date
4 of the last retirement.
5 The total service and earnings credited before and after
6 the initial date of retirement shall be considered in
7 determining eligibility of the employee or the employee's
8 beneficiary to benefits under this Article, and in
9 calculating final rate of earnings.
10 In determining the death benefit payable to a beneficiary
11 of an annuitant who again becomes a participating employee
12 under this Section, accumulated normal and additional
13 contributions shall be considered as the sum of the
14 accumulated normal and additional contributions at the date
15 of initial retirement and the accumulated normal and
16 additional contributions credited after that date, less the
17 sum of the annuity payments received by the annuitant.
18 The survivors insurance benefits provided under Section
19 15-145 shall not be applicable to an annuitant who resumes
20 his or her status as a participating employee, unless the
21 annuitant, at the time of initial retirement, has a survivors
22 insurance beneficiary who could qualify for such benefits.
23 If the annuitant's employment is terminated because of
24 circumstances other than death before 9 months from the date
25 of reemployment, the provisions of this Section regarding
26 resumption of status as a participating employee shall not
27 apply. The normal and survivors insurance contributions which
28 are deducted during this period shall be refunded to the
29 annuitant without interest, and subsequent benefits under
30 this Article shall be the same as those which were applicable
31 prior to the date the annuitant resumed employment.
32 The amendments made to this Section by this amendatory
33 Act of the 91st General Assembly apply without regard to
34 whether the annuitant was in service on or after the
-322- LRB9203186EGfg
1 effective date of this amendatory Act.
2 (Source: P.A. 91-887 (Sections 10 and 25), eff. 7-6-00;
3 revised 9-1-00.)
4 (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154)
5 Sec. 15-154. Refunds.
6 (a) A participant whose status as an employee is
7 terminated, regardless of cause, or who has been on lay off
8 status for more than 120 days, and who is not on leave of
9 absence, is entitled to a refund of contributions upon
10 application; except that not more than one such refund
11 application may be made during any academic year.
12 Except as set forth in subsections (a-1) and (a-2), the
13 refund shall be the sum of the accumulated normal, additional
14 and survivors insurance contributions, less the amount of
15 interest credited on these contributions each year in excess
16 of 4 1/2% of the amount on which interest was calculated.
17 (a-1) A person who elects, in accordance with the
18 requirements of Section 15-134.5, to participate in the
19 portable benefit package and who becomes a participating
20 employee under that retirement program upon the conclusion of
21 the one-year waiting period applicable to the portable
22 benefit package election shall have his or her refund
23 calculated in accordance with the provisions of subsection
24 (a-2).
25 (a-2) The refund payable to a participant described in
26 subsection (a-1) shall be the sum of the participant's
27 accumulated normal and additional contributions, as defined
28 in Sections 15-116 and 15-117. If the participant terminates
29 with 5 or more years of service for employment as defined in
30 Section 15-113.1, he or she shall also be entitled to a
31 distribution of employer contributions in an amount equal to
32 the sum of the accumulated normal and additional
33 contributions, as defined in Sections 15-116 and 15-117.
-323- LRB9203186EGfg
1 (b) Upon acceptance of a refund, the participant
2 forfeits all accrued rights and credits in the System, and if
3 subsequently reemployed, the participant shall be considered
4 a new employee subject to all the qualifying conditions for
5 participation and eligibility for benefits applicable to new
6 employees. If such person again becomes a participating
7 employee and continues as such for 2 years, or is employed by
8 an employer and participates for at least 2 years in the
9 Federal Civil Service Retirement System, all such rights,
10 credits, and previous status as a participant shall be
11 restored upon repayment of the amount of the refund, together
12 with compound interest thereon from the date the refund was
13 received to the date of repayment at the rate of 6% per annum
14 through August 31, 1982, and at the effective rates after
15 that date.
16 (c) If a participant covered under the traditional
17 benefit package has made survivors insurance contributions,
18 but has no survivors insurance beneficiary upon retirement,
19 he or she shall be entitled to elect a refund of the
20 accumulated survivors insurance contributions, or to elect an
21 additional annuity the value of which is equal to the
22 accumulated survivors insurance contributions. This election
23 must be made prior to the date the person's retirement
24 annuity is approved by the Board of Trustees.
25 (d) A participant, upon application, is entitled to a
26 refund of his or her accumulated additional contributions
27 attributable to the additional contributions described in the
28 last sentence of subsection (c) of Section 15-157. Upon the
29 acceptance of such a refund of accumulated additional
30 contributions, the participant forfeits all rights and
31 credits which may have accrued because of such contributions.
32 (e) A participant who terminates his or her employee
33 status and elects to waive service credit under Section
34 15-154.2, is entitled to a refund of the accumulated normal,
-324- LRB9203186EGfg
1 additional and survivors insurance contributions, if any,
2 which were credited the participant for this service, or to
3 an additional annuity the value of which is equal to the
4 accumulated normal, additional and survivors insurance
5 contributions, if any; except that not more than one such
6 refund application may be made during any academic year. Upon
7 acceptance of this refund, the participant forfeits all
8 rights and credits accrued because of this service.
9 (f) If a police officer or firefighter receives a
10 retirement annuity under Rule 1 or 3 of Section 15-136, he or
11 she shall be entitled at retirement to a refund of the
12 difference between his or her accumulated normal
13 contributions and the normal contributions which would have
14 accumulated had such person filed a waiver of the retirement
15 formula provided by Rule 4 of Section 15-136.
16 (g) If, at the time of retirement, a participant would
17 be entitled to a retirement annuity under Rule 1, 2, 3, 4, or
18 5 of Section 15-136, or under Section 15-136.4, that exceeds
19 the maximum specified in clause (1) of subsection (c) of
20 Section 15-136, he or she shall be entitled to a refund of
21 the employee contributions, if any, paid under Section 15-157
22 after the date upon which continuance of such contributions
23 would have otherwise caused the retirement annuity to exceed
24 this maximum, plus compound interest at the effective rates.
25 (Source: P.A. 90-448, eff. 8-16-97; 90-576, eff. 3-31-98;
26 90-766, eff. 8-14-98; 91-887 (Sections 10 and 25), eff.
27 7-6-00; revised 9-1-00.)
28 (40 ILCS 5/16-138) (from Ch. 108 1/2, par. 16-138)
29 Sec. 16-138. Refund of contributions upon death of
30 member or annuitant. Upon the death of a member or
31 annuitant, the following amount shall be payable (i) to a
32 beneficiary nominated by written designation of the member or
33 annuitant filed with the system, or (ii) if no beneficiary is
-325- LRB9203186EGfg
1 nominated, to the surviving spouse, or (iii) if no
2 beneficiary is nominated and there is no surviving spouse, to
3 the decedent's estate, upon receipt of proper proof of death:
4 (1) Upon the death of a member, an amount consisting of
5 the sum of the following: (A) the member's accumulated
6 contributions; (B) the sum of the contributions made by the
7 member toward the cost of the automatic increase in annuity
8 under Section 16-152, without interest thereon; and (C)
9 contributions made by the member toward prior service,
10 without interest thereon.
11 (2) Upon the death of an annuitant, unless a
12 reversionary annuity is payable under Section 16-136, an
13 amount determined by subtracting the total amount of monthly
14 annuity payments received as a result of the deceased
15 annuitant's retirement from the sum of: (A) the accumulated
16 contributions at retirement; (B) the sum of the contributions
17 made by the deceased toward the cost of the automatic
18 increase in annuity under Section 16-152 16-151, without
19 interest thereon; and (C) any contributions made by the
20 deceased for prior service or other purposes, exclusive of
21 contributions toward the cost of the automatic increase in
22 annuity, without interest thereon.
23 (Source: P.A. 91-887, eff. 7-6-00; revised 9-5-00.)
24 Section 41. The Public Building Commission Act is
25 amended by changing Section 18 as follows:
26 (50 ILCS 20/18) (from Ch. 85, par. 1048)
27 Sec. 18. Whenever, and as often as, a municipal
28 corporation having taxing power enters into a lease with a
29 Public Building Commission, the governing body of such
30 municipal corporation shall provide by ordinance or
31 resolution, as the case may be, for the levy and collection
32 of a direct annual tax sufficient to pay the annual rent
-326- LRB9203186EGfg
1 payable under such lease as and when it becomes due and
2 payable. A certified copy of the lease of such municipal
3 corporation and a certified copy of the tax levying ordinance
4 or resolution, as the case may be, of such municipal
5 corporation shall be filed in the office of the county clerk
6 in each county in which any portion of the territory of such
7 municipal corporation is situated, which certified copies
8 shall constitute the authority for the county clerk or
9 clerks, in each case, to extend the taxes annually necessary
10 to pay the annual rent payable under such lease as and when
11 it becomes due and payable. No taxes shall be extended for
12 any lease entered into after the effective date of this
13 amendatory Act of 1993, however, until after a public hearing
14 on the lease. The clerk or secretary of the governing body of
15 the municipal corporation shall cause notice of the time and
16 place of the hearing to be published at least once, at least
17 15 days before the hearing, in a newspaper published or
18 having general circulation within the municipal corporation.
19 If no such newspaper exists, the clerk or secretary shall
20 cause the notice to be posted, at least 15 days before the
21 hearing, in at least 10 conspicuous places within the
22 municipal corporation. The notice shall be in the following
23 form:
24 NOTICE OF PUBLIC HEARING ON LEASE between (name of the
25 municipal corporation) and (name of the public building
26 commission).
27 A public hearing regarding a lease between (name of the
28 municipal corporation) and (name of the public building
29 commission) will be held by (name of the governing body of
30 the municipal corporation) on (date) at (time) at (location).
31 The largest yearly rental payment set forth in the lease is
32 ($ amount). The maximum length of the lease is (years).
33 The purpose of the lease is (explain in 25 words or
34 less).
-327- LRB9203186EGfg
1 Dated (insert date). this day of .
2 By Order of (name of the governing body
3 of the Municipal Corporation)
4 /s/............
5 Clerk or Secretary.
6 At the hearing, all persons residing or owning property
7 in the municipal corporation shall have an opportunity to be
8 heard orally, in writing, or both.
9 Upon the filing of the certified copies of the lease and
10 the tax levying ordinance or resolution in the office of the
11 county clerk or clerks of the proper county or counties, it
12 shall be the duty of such county clerk or clerks to ascertain
13 the rate per cent which, upon the value of all property
14 subject to taxation within the municipal corporation, as that
15 property is assessed or equalized by the Department of
16 Revenue, will produce a net amount of not less than the
17 amount of the annual rent reserved in such lease. The county
18 clerk or clerks shall thereupon, and thereafter annually
19 during the term of the lease, extend taxes against all of the
20 taxable property contained in that municipal corporation
21 sufficient to pay the annual rental reserved in such lease.
22 Such tax shall be levied and collected in like manner with
23 the other taxes of such municipal corporation and shall be in
24 addition to all other taxes now or hereafter authorized to be
25 levied by that municipal corporation. This tax shall not be
26 included within any statutory limitation of rate or amount
27 for that municipal corporation but shall be excluded
28 therefrom and be in addition thereto and in excess thereof.
29 The fund realized from such tax levy shall be set aside for
30 the payment of the annual rent and shall not be disbursed for
31 any other purpose until the annual rental has been paid in
32 full. This Section shall not be construed to limit the power
33 of the Commission to enter into leases with any municipal
34 corporation whether or not the municipal corporation has the
-328- LRB9203186EGfg
1 power of taxation.
2 (Source: P.A. 87-1208; 87-1279; revised 1-10-00.)
3 Section 42. The Local Records Act is amended by changing
4 Section 3b as follows:
5 (50 ILCS 205/3b)
6 Sec. 3b. Arrest reports.
7 (a) When an individual is arrested, the following
8 information must be made available to the news media for
9 inspection and copying:
10 (1) Information that identifies the individual
11 person, including the name, age, address, and photograph,
12 when and if available.
13 (2) Information detailing any charges relating to
14 the arrest.
15 (3) The time and location of the arrest.
16 (4) The name of the investigating or arresting law
17 enforcement agency.
18 (5) If the individual is incarcerated, the amount
19 of any bail or bond.
20 (6) If the individual is incarcerated, the time and
21 date that the individual was received, discharged, or
22 transferred from the arresting agency's custody.
23 (b) The information required by this Section must be
24 made available to the news media for inspection and copying
25 as soon as practicable, but in no event shall the time period
26 exceed 72 hours from the arrest. The information described
27 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
28 subsection (a), however, may be withheld if it is determined
29 that disclosure would:
30 (1) interfere with pending or actually and
31 reasonably contemplated law enforcement proceedings
32 conducted by any law enforcement or correctional agency;
-329- LRB9203186EGfg
1 (2) endanger the life or physical safety of law
2 enforcement or correctional personnel or any other
3 person; or
4 (3) compromise the security of any correctional
5 facility.
6 (c) For the purposes of this Section the term "news
7 media" means personnel of a newspaper or other periodical
8 issued at regular intervals, a news service, a radio station,
9 a television station, a community antenna television service,
10 or a person or corporation engaged in making news reels or
11 other motion picture news for public showing.
12 (d) Each law enforcement or correctional agency may
13 charge fees for arrest records, but in no instance may the
14 fee exceed the actual cost of copying and reproduction. The
15 fees may not include the cost of the labor used to reproduce
16 the arrest record.
17 (e) The provisions of this Section do not supersede the
18 confidentiality provisions for arrest records of the Juvenile
19 Court Act of 1987.
20 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
21 Section 43. The Emergency Telephone System Act is
22 amended by changing Section 15.6 as follows:
23 (50 ILCS 750/15.6)
24 Sec. 15.6. Enhanced 9-1-1 service; business service.
25 (a) After June 30, 2000, or within 18 months after
26 enhanced 9-1-1 service becomes available, any entity that
27 installs or operates a private business switch service and
28 provides telecommunications facilities or services to
29 businesses shall assure that the system is connected to the
30 public switched network in a manner that calls to 9-1-1
31 result in automatic number and location identification. For
32 buildings having their own street address and containing
-330- LRB9203186EGfg
1 workspace of 40,000 square feet or less, location
2 identification shall include the building's street address.
3 For buildings having their own street address and containing
4 workspace of more than 40,000 square feet, location
5 identification shall include the building's street address
6 and one distinct location identification per 40,000 square
7 feet of workspace. Separate buildings containing workspace of
8 40,000 square feet or less having a common public street
9 address shall have a distinct location identification for
10 each building in addition to the street address.
11 (b) Exemptions. Buildings containing workspace of more
12 than 40,000 square feet are exempt from the multiple location
13 identification requirements of subsection (a) if the building
14 maintains, at all times, alternative and adequate means of
15 signaling and responding to emergencies. Those means shall
16 include, but not be limited to, a telephone system that
17 provides the physical location of 9-1-1 calls coming from
18 within the building. Health care facilities are presumed to
19 meet the requirements of this paragraph if the facilities are
20 staffed with medical or nursing personnel 24 hours per day
21 and if an alternative means of providing information about
22 the source of an emergency call exists. Buildings under this
23 exemption must provide 9-1-1 service that provides the
24 building's street address.
25 Buildings containing workspace of more than 40,000 square
26 feet are exempt from subsection (a) if the building
27 maintains, at all times, alternative and adequate means of
28 signaling and responding to emergencies, including a
29 telephone system that provides the location of a 9-1-1 call
30 coming from within the building, and the building is serviced
31 by its own medical, fire and security personnel. Buildings
32 under this exemption are subject to emergency phone system
33 certification by the Illinois Commerce Commission.
34 Buildings in communities not serviced by enhanced 9-1-1
-331- LRB9203186EGfg
1 service are exempt from subsection (a). 2000
2 (c) This Act does not apply to any PBX telephone
3 extension that uses radio transmissions to convey electrical
4 signals directly between the telephone extension and the
5 serving PBX.
6 (d) An entity that violates this Section is guilty of a
7 business offense and shall be fined not less than $1,000 and
8 not more than $5,000.
9 (e) Nothing in this Section shall be construed to
10 preclude the Attorney General on behalf of the Commission or
11 on his or her own initiative, or any other interested person,
12 from seeking judicial relief, by mandamus, injunction, or
13 otherwise, to compel compliance with this Section.
14 (f) The Commission shall promulgate rules for the
15 administration of this Section no later than January 1, 2000.
16 (Source: P.A. 90-819, eff. 3-23-99; 91-518, eff. 8-13-99;
17 revised 10-20-99.)
18 Section 44. The Counties Code is amended by changing
19 Section 3-5018 as follows:
20 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
21 (Text of Section before amendment by P.A. 91-893)
22 Sec. 3-5018. Fees. The recorder elected as provided for
23 in this Division shall receive such fees as are or may be
24 provided for him by law, in case of provision therefor:
25 otherwise he shall receive the same fees as are or may be
26 provided in this Section, except when increased by county
27 ordinance pursuant to the provisions of this Section, to be
28 paid to the county clerk for his services in the office of
29 recorder for like services. No filing fee shall be charged
30 for providing informational copies of financing statements to
31 the recorder pursuant to subsection (8) of Section 9-403 of
32 the Uniform Commercial Code.
-332- LRB9203186EGfg
1 For recording deeds or other instruments $12 for the
2 first 4 pages thereof, plus $1 for each additional page
3 thereof, plus $1 for each additional document number therein
4 noted. The aggregate minimum fee for recording any one
5 instrument shall not be less than $12.
6 For recording deeds or other instruments wherein the
7 premises affected thereby are referred to by document number
8 and not by legal description a fee of $1 in addition to that
9 hereinabove referred to for each document number therein
10 noted.
11 For recording assignments of mortgages, leases or liens
12 $12 for the first 4 pages thereof, plus $1 for each
13 additional page thereof. However, except for leases and
14 liens pertaining to oil, gas and other minerals, whenever a
15 mortgage, lease or lien assignment assigns more than one
16 mortgage, lease or lien document, a $7 fee shall be charged
17 for the recording of each such mortgage, lease or lien
18 document after the first one.
19 For recording maps or plats of additions or subdivisions
20 approved by the county or municipality (including the
21 spreading of the same of record in map case or other proper
22 books) or plats of condominiums $50 for the first page, plus
23 $1 for each additional page thereof except that in the case
24 of recording a single page, legal size 8 1/2 x 14, plat of
25 survey in which there are no more than two lots or parcels of
26 land, the fee shall be $12. In each county where such maps
27 or plats are to be recorded, the recorder may require the
28 same to be accompanied by such number of exact, true and
29 legible copies thereof as the recorder deems necessary for
30 the efficient conduct and operation of his office.
31 For certified copies of records the same fees as for
32 recording, but in no case shall the fee for a certified copy
33 of a map or plat of an addition, subdivision or otherwise
34 exceed $10.
-333- LRB9203186EGfg
1 Each certificate of such recorder of the recording of the
2 deed or other writing and of the date of recording the same
3 signed by such recorder, shall be sufficient evidence of the
4 recording thereof, and such certificate including the
5 indexing of record, shall be furnished upon the payment of
6 the fee for recording the instrument, and no additional fee
7 shall be allowed for the certificate or indexing.
8 The recorder shall charge an additional fee, in an amount
9 equal to the fee otherwise provided by law, for recording a
10 document (other than a document filed under the Plat Act or
11 the Uniform Commercial Code) that does not conform to the
12 following standards:
13 (1) The document shall consist of one or more
14 individual sheets measuring 8.5 inches by 11 inches, not
15 permanently bound and not a continuous form. Graphic
16 displays accompanying a document to be recorded that
17 measure up to 11 inches by 17 inches shall be recorded
18 without charging an additional fee.
19 (2) The document shall be legibly printed in black
20 ink, by hand, type, or computer. Signatures and dates
21 may be in contrasting colors if they will reproduce
22 clearly.
23 (3) The document shall be on white paper of not
24 less than 20-pound weight and shall have a clean margin
25 of at least one-half inch on the top, the bottom, and
26 each side. Margins may be used for non-essential
27 notations that will not affect the validity of the
28 document, including but not limited to form numbers, page
29 numbers, and customer notations.
30 (4) The first page of the document shall contain a
31 blank space, measuring at least 3 inches by 5 inches,
32 from the upper right corner.
33 (5) The document shall not have any attachment
34 stapled or otherwise affixed to any page.
-334- LRB9203186EGfg
1 A document that does not conform to these standards shall not
2 be recorded except upon payment of the additional fee
3 required under this paragraph. This paragraph, as amended by
4 this amendatory Act of 1995, applies only to documents dated
5 after the effective date of this amendatory Act of 1995.
6 The county board of any county may provide for an
7 additional charge of $3 for filing every instrument, paper,
8 or notice for record, in order to defray the cost of
9 converting the county recorder's document storage system to
10 computers or micrographics.
11 A special fund shall be set up by the treasurer of the
12 county and such funds collected pursuant to Public Act
13 83-1321 shall be used solely for a document storage system to
14 provide the equipment, materials and necessary expenses
15 incurred to help defray the costs of implementing and
16 maintaining such a document records system.
17 The county board of any county that provides and
18 maintains a countywide map through a Geographic Information
19 System (GIS) may provide for an additional charge of $3 for
20 filing every instrument, paper, or notice for record in order
21 to defray the cost of implementing or maintaining the
22 county's Geographic Information System. Of that amount, $2
23 must be deposited into a special fund set up by the treasurer
24 of the county, and any moneys collected pursuant to this
25 amendatory Act of the 91st General Assembly and deposited
26 into that fund must be used solely for the equipment,
27 materials, and necessary expenses incurred in implementing
28 and maintaining a Geographic Information System. The
29 remaining $1 must be deposited into the recorder's special
30 funds created under Section 3-5005.4. The recorder may, in
31 his or her discretion, use moneys in the funds created under
32 Section 3-5005.4 to defray the cost of implementing or
33 maintaining the county's Geographic Information System.
34 The foregoing fees allowed by this Section are the
-335- LRB9203186EGfg
1 maximum fees that may be collected from any officer, agency,
2 department or other instrumentality of the State. The county
3 board may, however, by ordinance, increase the fees allowed
4 by this Section and collect such increased fees from all
5 persons and entities other than officers, agencies,
6 departments and other instrumentalities of the State if the
7 increase is justified by an acceptable cost study showing
8 that the fees allowed by this Section are not sufficient to
9 cover the cost of providing the service.
10 A statement of the costs of providing each service,
11 program and activity shall be prepared by the county board.
12 All supporting documents shall be public record and subject
13 to public examination and audit. All direct and indirect
14 costs, as defined in the United States Office of Management
15 and Budget Circular A-87, may be included in the
16 determination of the costs of each service, program and
17 activity.
18 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
19 91-886, eff. 1-1-01.)
20 (Text of Section after amendment by P.A. 91-893)
21 Sec. 3-5018. Fees. The recorder elected as provided for
22 in this Division shall receive such fees as are or may be
23 provided for him by law, in case of provision therefor:
24 otherwise he shall receive the same fees as are or may be
25 provided in this Section, except when increased by county
26 ordinance pursuant to the provisions of this Section, to be
27 paid to the county clerk for his services in the office of
28 recorder for like services.
29 For recording deeds or other instruments $12 for the
30 first 4 pages thereof, plus $1 for each additional page
31 thereof, plus $1 for each additional document number therein
32 noted. The aggregate minimum fee for recording any one
33 instrument shall not be less than $12.
34 For recording deeds or other instruments wherein the
-336- LRB9203186EGfg
1 premises affected thereby are referred to by document number
2 and not by legal description a fee of $1 in addition to that
3 hereinabove referred to for each document number therein
4 noted.
5 For recording assignments of mortgages, leases or liens
6 $12 for the first 4 pages thereof, plus $1 for each
7 additional page thereof. However, except for leases and
8 liens pertaining to oil, gas and other minerals, whenever a
9 mortgage, lease or lien assignment assigns more than one
10 mortgage, lease or lien document, a $7 fee shall be charged
11 for the recording of each such mortgage, lease or lien
12 document after the first one.
13 For recording maps or plats of additions or subdivisions
14 approved by the county or municipality (including the
15 spreading of the same of record in map case or other proper
16 books) or plats of condominiums $50 for the first page, plus
17 $1 for each additional page thereof except that in the case
18 of recording a single page, legal size 8 1/2 x 14, plat of
19 survey in which there are no more than two lots or parcels of
20 land, the fee shall be $12. In each county where such maps
21 or plats are to be recorded, the recorder may require the
22 same to be accompanied by such number of exact, true and
23 legible copies thereof as the recorder deems necessary for
24 the efficient conduct and operation of his office.
25 For certified copies of records the same fees as for
26 recording, but in no case shall the fee for a certified copy
27 of a map or plat of an addition, subdivision or otherwise
28 exceed $10.
29 Each certificate of such recorder of the recording of the
30 deed or other writing and of the date of recording the same
31 signed by such recorder, shall be sufficient evidence of the
32 recording thereof, and such certificate including the
33 indexing of record, shall be furnished upon the payment of
34 the fee for recording the instrument, and no additional fee
-337- LRB9203186EGfg
1 shall be allowed for the certificate or indexing.
2 The recorder shall charge an additional fee, in an amount
3 equal to the fee otherwise provided by law, for recording a
4 document (other than a document filed under the Plat Act or
5 the Uniform Commercial Code) that does not conform to the
6 following standards:
7 (1) The document shall consist of one or more
8 individual sheets measuring 8.5 inches by 11 inches, not
9 permanently bound and not a continuous form. Graphic
10 displays accompanying a document to be recorded that
11 measure up to 11 inches by 17 inches shall be recorded
12 without charging an additional fee.
13 (2) The document shall be legibly printed in black
14 ink, by hand, type, or computer. Signatures and dates
15 may be in contrasting colors if they will reproduce
16 clearly.
17 (3) The document shall be on white paper of not
18 less than 20-pound weight and shall have a clean margin
19 of at least one-half inch on the top, the bottom, and
20 each side. Margins may be used for non-essential
21 notations that will not affect the validity of the
22 document, including but not limited to form numbers, page
23 numbers, and customer notations.
24 (4) The first page of the document shall contain a
25 blank space, measuring at least 3 inches by 5 inches,
26 from the upper right corner.
27 (5) The document shall not have any attachment
28 stapled or otherwise affixed to any page.
29 A document that does not conform to these standards shall not
30 be recorded except upon payment of the additional fee
31 required under this paragraph. This paragraph, as amended by
32 this amendatory Act of 1995, applies only to documents dated
33 after the effective date of this amendatory Act of 1995.
34 The county board of any county may provide for an
-338- LRB9203186EGfg
1 additional charge of $3 for filing every instrument, paper,
2 or notice for record, in order to defray the cost of
3 converting the county recorder's document storage system to
4 computers or micrographics.
5 A special fund shall be set up by the treasurer of the
6 county and such funds collected pursuant to Public Act
7 83-1321 shall be used solely for a document storage system to
8 provide the equipment, materials and necessary expenses
9 incurred to help defray the costs of implementing and
10 maintaining such a document records system.
11 The county board of any county that provides and
12 maintains a countywide map through a Geographic Information
13 System (GIS) may provide for an additional charge of $3 for
14 filing every instrument, paper, or notice for record in order
15 to defray the cost of implementing or maintaining the
16 county's Geographic Information System. Of that amount, $2
17 must be deposited into a special fund set up by the treasurer
18 of the county, and any moneys collected pursuant to this
19 amendatory Act of the 91st General Assembly and deposited
20 into that fund must be used solely for the equipment,
21 materials, and necessary expenses incurred in implementing
22 and maintaining a Geographic Information System. The
23 remaining $1 must be deposited into the recorder's special
24 funds created under Section 3-5005.4. The recorder may, in
25 his or her discretion, use moneys in the funds created under
26 Section 3-5005.4 to defray the cost of implementing or
27 maintaining the county's Geographic Information System.
28 The foregoing fees allowed by this Section are the
29 maximum fees that may be collected from any officer, agency,
30 department or other instrumentality of the State. The county
31 board may, however, by ordinance, increase the fees allowed
32 by this Section and collect such increased fees from all
33 persons and entities other than officers, agencies,
34 departments and other instrumentalities of the State if the
-339- LRB9203186EGfg
1 increase is justified by an acceptable cost study showing
2 that the fees allowed by this Section are not sufficient to
3 cover the cost of providing the service.
4 A statement of the costs of providing each service,
5 program and activity shall be prepared by the county board.
6 All supporting documents shall be public record and subject
7 to public examination and audit. All direct and indirect
8 costs, as defined in the United States Office of Management
9 and Budget Circular A-87, may be included in the
10 determination of the costs of each service, program and
11 activity.
12 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
13 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)
14 Section 44.5. The Township Code is amended by changing
15 Section 105-35 as follows:
16 (60 ILCS 1/105-35)
17 Sec. 105-35. Township plan commission.
18 (a) In townships located in counties with a population
19 of less than 600,000 and in townships with a population of
20 more than 500 located in counties with a population of or
21 more than 3,000,000, the township board may by resolution
22 create a township plan commission. The commission shall
23 consist of 5 members appointed by the township supervisor
24 with the advice and consent of the township board. Their
25 terms of office shall be prescribed by the township board.
26 The township supervisor shall designate one of the members as
27 chairman, and the plan commission may appoint other officers
28 it deems necessary and appropriate. The township board may
29 authorize a plan commission to have necessary staff and shall
30 pay the expenses of that staff.
31 (b) Every township plan commission may have the
32 following powers and duties:
-340- LRB9203186EGfg
1 (1) The commission may prepare and recommend to the
2 township board a comprehensive plan for the present and
3 future development or redevelopment of the unincorporated
4 areas of the township. The plan may be adopted in whole
5 or in separate geographical or functional parts, each of
6 which, when adopted, shall be the official plan, or part
7 of the official plan, of that township. The plan may
8 include reasonable requirements with reference to
9 streets, alleys, public grounds, and other improvements
10 specified in this Section. The plan may recommend (i)
11 establishing reasonable standards of design for
12 subdivisions and for resubdivisions of unimproved land
13 and of areas subject to redevelopment with respect to
14 public improvements as defined in this Section and (ii)
15 establishing reasonable requirements governing the
16 location, width, course, and surfacing of public streets
17 and highways, alleys, ways for public service facilities,
18 curbs, gutters, sidewalks, street lights, parks,
19 playgrounds, school grounds, size of lots to be used for
20 residential purposes, storm water drainage, water supply
21 and distribution, sanitary sewers, and sewage collection
22 and treatment.
23 (2) The commission may from time to time recommend
24 changes in the official comprehensive plan.
25 (3) The commission may from time to time prepare
26 and recommend to the township authorities plans for
27 specific improvements in pursuance of the official
28 comprehensive plan.
29 (4) The commission may give aid to the officials
30 charged with the direction of projects for improvements
31 embraced within the official plan to further the making
32 of these projects and, generally, may promote the
33 realization of the official comprehensive plan.
34 (5) The commission may prepare and recommend to the
-341- LRB9203186EGfg
1 township board schemes for regulating or forbidding
2 structures or activities in unincorporated areas that may
3 hinder access to solar energy necessary for the proper
4 functioning of solar energy systems, as defined in
5 Section 1.2 of the Comprehensive Solar Energy Act of
6 1977, or may recommend changes in those schemes.
7 (6) The commission may exercise other powers
8 germane to the powers granted by this Section that are
9 conferred by the township board.
10 (c) If the county in which the township is located has
11 adopted a county zoning ordinance under Division 5-12 of the
12 Counties Code, the recommendations of the township plan
13 commission may be presented by the township board to the
14 county board of that county.
15 (Source: P.A. 91-721, eff. 6-2-00; 91-738, eff. 1-1-01;
16 revised 6-27-00.)
17 Section 45. The Illinois Municipal Code is amended by
18 changing Sections 11-31-1, 11-74.4-4, and 11-74.4-8 as
19 follows:
20 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
21 Sec. 11-31-1. Demolition, repair, enclosure, or
22 remediation.
23 (a) The corporate authorities of each municipality may
24 demolish, repair, or enclose or cause the demolition, repair,
25 or enclosure of dangerous and unsafe buildings or uncompleted
26 and abandoned buildings within the territory of the
27 municipality and may remove or cause the removal of garbage,
28 debris, and other hazardous, noxious, or unhealthy substances
29 or materials from those buildings. In any county having
30 adopted by referendum or otherwise a county health department
31 as provided by Division 5-25 of the Counties Code or its
32 predecessor, the county board of that county may exercise
-342- LRB9203186EGfg
1 those powers with regard to dangerous and unsafe buildings or
2 uncompleted and abandoned buildings within the territory of
3 any city, village, or incorporated town having less than
4 50,000 population.
5 The corporate authorities shall apply to the circuit
6 court of the county in which the building is located (i) for
7 an order authorizing action to be taken with respect to a
8 building if the owner or owners of the building, including
9 the lien holders of record, after at least 15 days' written
10 notice by mail so to do, have failed to put the building in a
11 safe condition or to demolish it or (ii) for an order
12 requiring the owner or owners of record to demolish, repair,
13 or enclose the building or to remove garbage, debris, and
14 other hazardous, noxious, or unhealthy substances or
15 materials from the building. It is not a defense to the
16 cause of action that the building is boarded up or otherwise
17 enclosed, although the court may order the defendant to have
18 the building boarded up or otherwise enclosed. Where, upon
19 diligent search, the identity or whereabouts of the owner or
20 owners of the building, including the lien holders of record,
21 is not ascertainable, notice mailed to the person or persons
22 in whose name the real estate was last assessed is sufficient
23 notice under this Section.
24 The hearing upon the application to the circuit court
25 shall be expedited by the court and shall be given precedence
26 over all other suits. Any person entitled to bring an action
27 under subsection (b) shall have the right to intervene in an
28 action brought under this Section.
29 The cost of the demolition, repair, enclosure, or removal
30 incurred by the municipality, by an intervenor, or by a lien
31 holder of record, including court costs, attorney's fees, and
32 other costs related to the enforcement of this Section, is
33 recoverable from the owner or owners of the real estate or
34 the previous owner or both if the property was transferred
-343- LRB9203186EGfg
1 during the 15 day notice period and is a lien on the real
2 estate; the lien is superior to all prior existing liens and
3 encumbrances, except taxes, if, within 180 days after the
4 repair, demolition, enclosure, or removal, the municipality,
5 the lien holder of record, or the intervenor who incurred the
6 cost and expense shall file a notice of lien for the cost and
7 expense incurred in the office of the recorder in the county
8 in which the real estate is located or in the office of the
9 registrar of titles of the county if the real estate affected
10 is registered under the Registered Titles (Torrens) Act.
11 The notice must consist of a sworn statement setting out
12 (1) a description of the real estate sufficient for its
13 identification, (2) the amount of money representing the cost
14 and expense incurred, and (3) the date or dates when the cost
15 and expense was incurred by the municipality, the lien holder
16 of record, or the intervenor. Upon payment of the cost and
17 expense by the owner of or persons interested in the property
18 after the notice of lien has been filed, the lien shall be
19 released by the municipality, the person in whose name the
20 lien has been filed, or the assignee of the lien, and the
21 release may be filed of record as in the case of filing
22 notice of lien. Unless the lien is enforced under subsection
23 (c), the lien may be enforced by foreclosure proceedings as
24 in the case of mortgage foreclosures under Article XV of the
25 Code of Civil Procedure or mechanics' lien foreclosures. An
26 action to foreclose this lien may be commenced at any time
27 after the date of filing of the notice of lien. The costs of
28 foreclosure incurred by the municipality, including court
29 costs, reasonable attorney's fees, advances to preserve the
30 property, and other costs related to the enforcement of this
31 subsection, plus statutory interest, are a lien on the real
32 estate and are recoverable by the municipality from the owner
33 or owners of the real estate.
34 All liens arising under this subsection (a) shall be
-344- LRB9203186EGfg
1 assignable. The assignee of the lien shall have the same
2 power to enforce the lien as the assigning party, except that
3 the lien may not be enforced under subsection (c).
4 If the appropriate official of any municipality
5 determines that any dangerous and unsafe building or
6 uncompleted and abandoned building within its territory
7 fulfills the requirements for an action by the municipality
8 under the Abandoned Housing Rehabilitation Act, the
9 municipality may petition under that Act in a proceeding
10 brought under this subsection.
11 (b) Any owner or tenant of real property within 1200
12 feet in any direction of any dangerous or unsafe building
13 located within the territory of a municipality with a
14 population of 500,000 or more may file with the appropriate
15 municipal authority a request that the municipality apply to
16 the circuit court of the county in which the building is
17 located for an order permitting the demolition, removal of
18 garbage, debris, and other noxious or unhealthy substances
19 and materials from, or repair or enclosure of the building in
20 the manner prescribed in subsection (a) of this Section. If
21 the municipality fails to institute an action in circuit
22 court within 90 days after the filing of the request, the
23 owner or tenant of real property within 1200 feet in any
24 direction of the building may institute an action in circuit
25 court seeking an order compelling the owner or owners of
26 record to demolish, remove garbage, debris, and other noxious
27 or unhealthy substances and materials from, repair or enclose
28 or to cause to be demolished, have garbage, debris, and other
29 noxious or unhealthy substances and materials removed from,
30 repaired, or enclosed the building in question. A private
31 owner or tenant who institutes an action under the preceding
32 sentence shall not be required to pay any fee to the clerk of
33 the circuit court. The cost of repair, removal, demolition,
34 or enclosure shall be borne by the owner or owners of record
-345- LRB9203186EGfg
1 of the building. In the event the owner or owners of record
2 fail to demolish, remove garbage, debris, and other noxious
3 or unhealthy substances and materials from, repair, or
4 enclose the building within 90 days of the date the court
5 entered its order, the owner or tenant who instituted the
6 action may request that the court join the municipality as a
7 party to the action. The court may order the municipality to
8 demolish, remove materials from, repair, or enclose the
9 building, or cause that action to be taken upon the request
10 of any owner or tenant who instituted the action or upon the
11 municipality's request. The municipality may file, and the
12 court may approve, a plan for rehabilitating the building in
13 question. A court order authorizing the municipality to
14 demolish, remove materials from, repair, or enclose a
15 building, or cause that action to be taken, shall not
16 preclude the court from adjudging the owner or owners of
17 record of the building in contempt of court due to the
18 failure to comply with the order to demolish, remove garbage,
19 debris, and other noxious or unhealthy substances and
20 materials from, repair, or enclose the building.
21 If a municipality or a person or persons other than the
22 owner or owners of record pay the cost of demolition, removal
23 of garbage, debris, and other noxious or unhealthy substances
24 and materials, repair, or enclosure pursuant to a court
25 order, the cost, including court costs, attorney's fees, and
26 other costs related to the enforcement of this subsection, is
27 recoverable from the owner or owners of the real estate and
28 is a lien on the real estate; the lien is superior to all
29 prior existing liens and encumbrances, except taxes, if,
30 within 180 days after the repair, removal, demolition, or
31 enclosure, the municipality or the person or persons who paid
32 the costs of demolition, removal, repair, or enclosure shall
33 file a notice of lien of the cost and expense incurred in the
34 office of the recorder in the county in which the real estate
-346- LRB9203186EGfg
1 is located or in the office of the registrar of the county if
2 the real estate affected is registered under the Registered
3 Titles (Torrens) Act. The notice shall be in a form as is
4 provided in subsection (a). An owner or tenant who
5 institutes an action in circuit court seeking an order to
6 compel the owner or owners of record to demolish, remove
7 materials from, repair, or enclose any dangerous or unsafe
8 building, or to cause that action to be taken under this
9 subsection may recover court costs and reasonable attorney's
10 fees for instituting the action from the owner or owners of
11 record of the building. Upon payment of the costs and
12 expenses by the owner of or a person interested in the
13 property after the notice of lien has been filed, the lien
14 shall be released by the municipality or the person in whose
15 name the lien has been filed or his or her assignee, and the
16 release may be filed of record as in the case of filing a
17 notice of lien. Unless the lien is enforced under subsection
18 (c), the lien may be enforced by foreclosure proceedings as
19 in the case of mortgage foreclosures under Article XV of the
20 Code of Civil Procedure or mechanics' lien foreclosures. An
21 action to foreclose this lien may be commenced at any time
22 after the date of filing of the notice of lien. The costs of
23 foreclosure incurred by the municipality, including court
24 costs, reasonable attorneys' fees, advances to preserve the
25 property, and other costs related to the enforcement of this
26 subsection, plus statutory interest, are a lien on the real
27 estate and are recoverable by the municipality from the owner
28 or owners of the real estate.
29 All liens arising under the terms of this subsection (b)
30 shall be assignable. The assignee of the lien shall have the
31 same power to enforce the lien as the assigning party, except
32 that the lien may not be enforced under subsection (c).
33 (c) In any case where a municipality has obtained a lien
34 under subsection (a), (b), or (f), the municipality may
-347- LRB9203186EGfg
1 enforce the lien under this subsection (c) in the same
2 proceeding in which the lien is authorized.
3 A municipality desiring to enforce a lien under this
4 subsection (c) shall petition the court to retain
5 jurisdiction for foreclosure proceedings under this
6 subsection. Notice of the petition shall be served, by
7 certified or registered mail, on all persons who were served
8 notice under subsection (a), (b), or (f). The court shall
9 conduct a hearing on the petition not less than 15 days after
10 the notice is served. If the court determines that the
11 requirements of this subsection (c) have been satisfied, it
12 shall grant the petition and retain jurisdiction over the
13 matter until the foreclosure proceeding is completed. The
14 costs of foreclosure incurred by the municipality, including
15 court costs, reasonable attorneys' fees, advances to preserve
16 the property, and other costs related to the enforcement of
17 this subsection, plus statutory interest, are a lien on the
18 real estate and are recoverable by the municipality from the
19 owner or owners of the real estate. If the court denies the
20 petition, the municipality may enforce the lien in a separate
21 action as provided in subsection (a), (b), or (f).
22 All persons designated in Section 15-1501 of the Code of
23 Civil Procedure as necessary parties in a mortgage
24 foreclosure action shall be joined as parties before issuance
25 of an order of foreclosure. Persons designated in Section
26 15-1501 of the Code of Civil Procedure as permissible parties
27 may also be joined as parties in the action.
28 The provisions of Article XV of the Code of Civil
29 Procedure applicable to mortgage foreclosures shall apply to
30 the foreclosure of a lien under this subsection (c), except
31 to the extent that those provisions are inconsistent with
32 this subsection. For purposes of foreclosures of liens
33 under this subsection, however, the redemption period
34 described in subsection (b) of Section 15-1603 of the Code of
-348- LRB9203186EGfg
1 Civil Procedure shall end 60 days after the date of entry of
2 the order of foreclosure.
3 (d) In addition to any other remedy provided by law, the
4 corporate authorities of any municipality may petition the
5 circuit court to have property declared abandoned under this
6 subsection (d) if:
7 (1) the property has been tax delinquent for 2 or
8 more years or bills for water service for the property
9 have been outstanding for 2 or more years;
10 (2) the property is unoccupied by persons legally
11 in possession; and
12 (3) the property contains a dangerous or unsafe
13 building.
14 All persons having an interest of record in the property,
15 including tax purchasers and beneficial owners of any
16 Illinois land trust having title to the property, shall be
17 named as defendants in the petition and shall be served with
18 process. In addition, service shall be had under Section
19 2-206 of the Code of Civil Procedure as in other cases
20 affecting property.
21 The municipality, however, may proceed under this
22 subsection in a proceeding brought under subsection (a) or
23 (b). Notice of the petition shall be served by certified or
24 registered mail on all persons who were served notice under
25 subsection (a) or (b).
26 If the municipality proves that the conditions described
27 in this subsection exist and the owner of record of the
28 property does not enter an appearance in the action, or, if
29 title to the property is held by an Illinois land trust, if
30 neither the owner of record nor the owner of the beneficial
31 interest of the trust enters an appearance, the court shall
32 declare the property abandoned.
33 If that determination is made, notice shall be sent by
34 certified or registered mail to all persons having an
-349- LRB9203186EGfg
1 interest of record in the property, including tax purchasers
2 and beneficial owners of any Illinois land trust having title
3 to the property, stating that title to the property will be
4 transferred to the municipality unless, within 30 days of the
5 notice, the owner of record enters an appearance in the
6 action, or unless any other person having an interest in the
7 property files with the court a request to demolish the
8 dangerous or unsafe building or to put the building in safe
9 condition.
10 If the owner of record enters an appearance in the action
11 within the 30 day period, the court shall vacate its order
12 declaring the property abandoned. In that case, the
13 municipality may amend its complaint in order to initiate
14 proceedings under subsection (a).
15 If a request to demolish or repair the building is filed
16 within the 30 day period, the court shall grant permission to
17 the requesting party to demolish the building within 30 days
18 or to restore the building to safe condition within 60 days
19 after the request is granted. An extension of that period
20 for up to 60 additional days may be given for good cause. If
21 more than one person with an interest in the property files a
22 timely request, preference shall be given to the person with
23 the lien or other interest of the highest priority.
24 If the requesting party proves to the court that the
25 building has been demolished or put in a safe condition
26 within the period of time granted by the court, the court
27 shall issue a quitclaim judicial deed for the property to the
28 requesting party, conveying only the interest of the owner of
29 record, upon proof of payment to the municipality of all
30 costs incurred by the municipality in connection with the
31 action, including but not limited to court costs, attorney's
32 fees, administrative costs, the costs, if any, associated
33 with building enclosure or removal, and receiver's
34 certificates. The interest in the property so conveyed shall
-350- LRB9203186EGfg
1 be subject to all liens and encumbrances on the property. In
2 addition, if the interest is conveyed to a person holding a
3 certificate of purchase for the property under the Property
4 Tax Code, the conveyance shall be subject to the rights of
5 redemption of all persons entitled to redeem under that Act,
6 including the original owner of record.
7 If no person with an interest in the property files a
8 timely request or if the requesting party fails to demolish
9 the building or put the building in safe condition within the
10 time specified by the court, the municipality may petition
11 the court to issue a judicial deed for the property to the
12 municipality. A conveyance by judicial deed shall operate to
13 extinguish all existing ownership interests in, liens on, and
14 other interest in the property, including tax liens, and
15 shall extinguish the rights and interests of any and all
16 holders of a bona fide certificate of purchase of the
17 property for delinquent taxes. Any such bona fide
18 certificate of purchase holder shall be entitled to a sale in
19 error as prescribed under Section 21-310 of the Property Tax
20 Code.
21 (e) Each municipality may use the provisions of this
22 subsection to expedite the removal of certain buildings that
23 are a continuing hazard to the community in which they are
24 located.
25 If a residential or commercial building is 3 stories or
26 less in height as defined by the municipality's building
27 code, and the corporate official designated to be in charge
28 of enforcing the municipality's building code determines that
29 the building is open and vacant and an immediate and
30 continuing hazard to the community in which the building is
31 located, then the official shall be authorized to post a
32 notice not less than 2 feet by 2 feet in size on the front of
33 the building. The notice shall be dated as of the date of
34 the posting and shall state that unless the building is
-351- LRB9203186EGfg
1 demolished, repaired, or enclosed, and unless any garbage,
2 debris, and other hazardous, noxious, or unhealthy substances
3 or materials are removed so that an immediate and continuing
4 hazard to the community no longer exists, then the building
5 may be demolished, repaired, or enclosed, or any garbage,
6 debris, and other hazardous, noxious, or unhealthy substances
7 or materials may be removed, by the municipality.
8 Not later than 30 days following the posting of the
9 notice, the municipality shall do all of the following:
10 (1) Cause to be sent, by certified mail, return
11 receipt requested, a Notice to Remediate to all owners
12 of record of the property, the beneficial owners of any
13 Illinois land trust having title to the property, and all
14 lienholders of record in the property, stating the intent
15 of the municipality to demolish, repair, or enclose the
16 building or remove any garbage, debris, or other
17 hazardous, noxious, or unhealthy substances or materials
18 if that action is not taken by the owner or owners.
19 (2) Cause to be published, in a newspaper published
20 or circulated in the municipality where the building is
21 located, a notice setting forth (i) the permanent tax
22 index number and the address of the building, (ii) a
23 statement that the property is open and vacant and
24 constitutes an immediate and continuing hazard to the
25 community, and (iii) a statement that the municipality
26 intends to demolish, repair, or enclose the building or
27 remove any garbage, debris, or other hazardous, noxious,
28 or unhealthy substances or materials if the owner or
29 owners or lienholders of record fail to do so. This
30 notice shall be published for 3 consecutive days.
31 (3) Cause to be recorded the Notice to Remediate
32 mailed under paragraph (1) in the office of the recorder
33 in the county in which the real estate is located or in
34 the office of the registrar of titles of the county if
-352- LRB9203186EGfg
1 the real estate is registered under the Registered Title
2 (Torrens) Act.
3 Any person or persons with a current legal or equitable
4 interest in the property objecting to the proposed actions of
5 the corporate authorities may file his or her objection in an
6 appropriate form in a court of competent jurisdiction.
7 If the building is not demolished, repaired, or enclosed,
8 or the garbage, debris, or other hazardous, noxious, or
9 unhealthy substances or materials are not removed, within 30
10 days of mailing the notice to the owners of record, the
11 beneficial owners of any Illinois land trust having title to
12 the property, and all lienholders of record in the property,
13 or within 30 days of the last day of publication of the
14 notice, whichever is later, the corporate authorities shall
15 have the power to demolish, repair, or enclose the building
16 or to remove any garbage, debris, or other hazardous,
17 noxious, or unhealthy substances or materials.
18 The municipality may proceed to demolish, repair, or
19 enclose a building or remove any garbage, debris, or other
20 hazardous, noxious, or unhealthy substances or materials
21 under this subsection within a 120-day period following the
22 date of the mailing of the notice if the appropriate official
23 determines that the demolition, repair, enclosure, or removal
24 of any garbage, debris, or other hazardous, noxious, or
25 unhealthy substances or materials is necessary to remedy the
26 immediate and continuing hazard. If, however, before the
27 municipality proceeds with any of the actions authorized by
28 this subsection, any person with a legal or equitable
29 interest in the property has sought a hearing under this
30 subsection before a court and has served a copy of the
31 complaint on the chief executive officer of the municipality,
32 then the municipality shall not proceed with the demolition,
33 repair, enclosure, or removal of garbage, debris, or other
34 substances until the court determines that that action is
-353- LRB9203186EGfg
1 necessary to remedy the hazard and issues an order
2 authorizing the municipality to do so.
3 Following the demolition, repair, or enclosure of a
4 building, or the removal of garbage, debris, or other
5 hazardous, noxious, or unhealthy substances or materials
6 under this subsection, the municipality may file a notice of
7 lien against the real estate for the cost of the demolition,
8 repair, enclosure, or removal within 180 days after the
9 repair, demolition, enclosure, or removal occurred, for the
10 cost and expense incurred, in the office of the recorder in
11 the county in which the real estate is located or in the
12 office of the registrar of titles of the county if the real
13 estate affected is registered under the Registered Titles
14 (Torrens) Act; this lien has priority over the interests of
15 those parties named in the Notice to Remediate mailed under
16 paragraph (1), but not over the interests of third party
17 purchasers or encumbrancers for value who obtained their
18 interests in the property before obtaining actual or
19 constructive notice of the lien. The notice of lien shall
20 consist of a sworn statement setting forth (i) a description
21 of the real estate, such as the address or other description
22 of the property, sufficient for its identification; (ii) the
23 expenses incurred by the municipality in undertaking the
24 remedial actions authorized under this subsection; (iii) the
25 date or dates the expenses were incurred by the municipality;
26 (iv) a statement by the corporate official responsible for
27 enforcing the building code that the building was open and
28 vacant and constituted an immediate and continuing hazard to
29 the community; (v) a statement by the corporate official that
30 the required sign was posted on the building, that notice was
31 sent by certified mail to the owners of record, and that
32 notice was published in accordance with this subsection; and
33 (vi) a statement as to when and where the notice was
34 published. The lien authorized by this subsection may
-354- LRB9203186EGfg
1 thereafter be released or enforced by the municipality as
2 provided in subsection (a).
3 (f) The corporate authorities of each municipality may
4 remove or cause the removal of, or otherwise environmentally
5 remediate hazardous substances and petroleum products on, in,
6 or under any abandoned and unsafe property within the
7 territory of a municipality. In addition, where preliminary
8 evidence indicates the presence or likely presence of a
9 hazardous substance or a petroleum product or a release or a
10 substantial threat of a release of a hazardous substance or a
11 petroleum product on, in, or under the property, the
12 corporate authorities of the municipality may inspect the
13 property and test for the presence or release of hazardous
14 substances and petroleum products. In any county having
15 adopted by referendum or otherwise a county health department
16 as provided by Division 5-25 of the Counties Code or its
17 predecessor, the county board of that county may exercise the
18 above-described powers with regard to property within the
19 territory of any city, village, or incorporated town having
20 less than 50,000 population.
21 For purposes of this subsection (f):
22 (1) "property" or "real estate" means all real
23 property, whether or not improved by a structure;
24 (2) "abandoned" means;
25 (A) the property has been tax delinquent for 2
26 or more years;
27 (B) the property is unoccupied by persons
28 legally in possession; and
29 (3) "unsafe" means property that presents an actual
30 or imminent threat to public health and safety caused by
31 the release of hazardous substances; and
32 (4) "hazardous substances" means the same as in
33 Section 3.14 of the Environmental Protection Act.
34 The corporate authorities shall apply to the circuit
-355- LRB9203186EGfg
1 court of the county in which the property is located (i) for
2 an order allowing the municipality to enter the property and
3 inspect and test substances on, in, or under the property; or
4 (ii) for an order authorizing the corporate authorities to
5 take action with respect to remediation of the property if
6 conditions on the property, based on the inspection and
7 testing authorized in paragraph (i), indicate the presence of
8 hazardous substances or petroleum products. Remediation
9 shall be deemed complete for purposes of paragraph (ii) above
10 when the property satisfies Tier I, II, or III remediation
11 objectives for the property's most recent usage, as
12 established by the Environmental Protection Act, and the
13 rules and regulations promulgated thereunder. Where, upon
14 diligent search, the identity or whereabouts of the owner or
15 owners of the property, including the lien holders of record,
16 is not ascertainable, notice mailed to the person or persons
17 in whose name the real estate was last assessed is sufficient
18 notice under this Section.
19 The court shall grant an order authorizing testing under
20 paragraph (i) above upon a showing of preliminary evidence
21 indicating the presence or likely presence of a hazardous
22 substance or a petroleum product or a release of or a
23 substantial threat of a release of a hazardous substance or a
24 petroleum product on, in, or under abandoned property. The
25 preliminary evidence may include, but is not limited to,
26 evidence of prior use, visual site inspection, or records of
27 prior environmental investigations. The testing authorized
28 by paragraph (i) above shall include any type of
29 investigation which is necessary for an environmental
30 professional to determine the environmental condition of the
31 property, including but not limited to performance of soil
32 borings and groundwater monitoring. The court shall grant a
33 remediation order under paragraph (ii) above where testing of
34 the property indicates that it fails to meet the applicable
-356- LRB9203186EGfg
1 remediation objectives. The hearing upon the application to
2 the circuit court shall be expedited by the court and shall
3 be given precedence over all other suits.
4 The cost of the inspection, testing, or remediation
5 incurred by the municipality or by a lien holder of record,
6 including court costs, attorney's fees, and other costs
7 related to the enforcement of this Section, is a lien on the
8 real estate; except that in any instances where a
9 municipality incurs costs of inspection and testing but finds
10 no hazardous substances or petroleum products on the property
11 that present an actual or imminent threat to public health
12 and safety, such costs are not recoverable from the owners
13 nor are such costs a lien on the real estate. The lien is
14 superior to all prior existing liens and encumbrances, except
15 taxes and any lien obtained under subsection (a) or (e), if,
16 within 180 days after the completion of the inspection,
17 testing, or remediation, the municipality or the lien holder
18 of record who incurred the cost and expense shall file a
19 notice of lien for the cost and expense incurred in the
20 office of the recorder in the county in which the real estate
21 is located or in the office of the registrar of titles of the
22 county if the real estate affected is registered under the
23 Registered Titles (Torrens) Act.
24 The notice must consist of a sworn statement setting out
25 (i) a description of the real estate sufficient for its
26 identification, (ii) the amount of money representing the
27 cost and expense incurred, and (iii) the date or dates when
28 the cost and expense was incurred by the municipality or the
29 lien holder of record. Upon payment of the lien amount by
30 the owner of or persons interested in the property after the
31 notice of lien has been filed, a release of lien shall be
32 issued by the municipality, the person in whose name the lien
33 has been filed, or the assignee of the lien, and the release
34 may be filed of record as in the case of filing notice of
-357- LRB9203186EGfg
1 lien.
2 The lien may be enforced under subsection (c) or by
3 foreclosure proceedings as in the case of mortgage
4 foreclosures under Article XV of the Code of Civil Procedure
5 or mechanics' lien foreclosures; provided that where the lien
6 is enforced by foreclosure under subsection (c) or under
7 either statute, the municipality may not proceed against the
8 other assets of the owner or owners of the real estate for
9 any costs that otherwise would be recoverable under this
10 Section but that remain unsatisfied after foreclosure except
11 where such additional recovery is authorized by separate
12 environmental laws. An action to foreclose this lien may be
13 commenced at any time after the date of filing of the notice
14 of lien. The costs of foreclosure incurred by the
15 municipality, including court costs, reasonable attorney's
16 fees, advances to preserve the property, and other costs
17 related to the enforcement of this subsection, plus statutory
18 interest, are a lien on the real estate.
19 All liens arising under this subsection (f) shall be
20 assignable. The assignee of the lien shall have the same
21 power to enforce the lien as the assigning party, except that
22 the lien may not be enforced under subsection (c).
23 (g) In any case where a municipality has obtained a lien
24 under subsection (a), the municipality may also bring an
25 action for a money judgment against the owner or owners of
26 the real estate in the amount of the lien in the same manner
27 as provided for bringing causes of action in Article II of
28 the Code of Civil Procedure and, upon obtaining a judgment,
29 file a judgment lien against all of the real estate of the
30 owner or owners and enforce that lien as provided for in
31 Article XII of the Code of Civil Procedure.
32 (Source: P.A. 90-393, eff. 1-1-98; 90-597, eff. 6-25-98;
33 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 91-357, eff.
34 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; revised
-358- LRB9203186EGfg
1 8-27-99.)
2 (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
3 Sec. 11-74.4-4. Municipal powers and duties;
4 redevelopment project areas. A municipality may:
5 (a) The changes made by this amendatory Act of the 91st
6 General Assembly do not apply to a municipality that, (i)
7 before the effective date of this amendatory Act of the 91st
8 General Assembly, has adopted an ordinance or resolution
9 fixing a time and place for a public hearing under Section
10 11-74.4-5 or (ii) before July 1, 1999, has adopted an
11 ordinance or resolution providing for a feasibility study
12 under Section 11-74.4-4.1, but has not yet adopted an
13 ordinance approving redevelopment plans and redevelopment
14 projects or designating redevelopment project areas under
15 this Section, until after that municipality adopts an
16 ordinance approving redevelopment plans and redevelopment
17 projects or designating redevelopment project areas under
18 this Section; thereafter the changes made by this amendatory
19 Act of the 91st General Assembly apply to the same extent
20 that they apply to redevelopment plans and redevelopment
21 projects that were approved and redevelopment projects that
22 were designated before the effective date of this amendatory
23 Act of the 91st General Assembly.
24 By ordinance introduced in the governing body of the
25 municipality within 14 to 90 days from the completion of the
26 hearing specified in Section 11-74.4-5 approve redevelopment
27 plans and redevelopment projects, and designate redevelopment
28 project areas pursuant to notice and hearing required by this
29 Act. No redevelopment project area shall be designated
30 unless a plan and project are approved prior to the
31 designation of such area and such area shall include only
32 those contiguous parcels of real property and improvements
33 thereon substantially benefited by the proposed redevelopment
-359- LRB9203186EGfg
1 project improvements. Upon adoption of the ordinances, the
2 municipality shall forthwith transmit to the county clerk of
3 the county or counties within which the redevelopment project
4 area is located a certified copy of the ordinances, a legal
5 description of the redevelopment project area, a map of the
6 redevelopment project area, identification of the year that
7 the county clerk shall use for determining the total initial
8 equalized assessed value of the redevelopment project area
9 consistent with subsection (a) of Section 11-74.4-9, and a
10 list of the parcel or tax identification number of each
11 parcel of property included in the redevelopment project
12 area.
13 (b) Make and enter into all contracts with property
14 owners, developers, tenants, overlapping taxing bodies, and
15 others necessary or incidental to the implementation and
16 furtherance of its redevelopment plan and project.
17 (c) Within a redevelopment project area, acquire by
18 purchase, donation, lease or eminent domain; own, convey,
19 lease, mortgage or dispose of land and other property, real
20 or personal, or rights or interests therein, and grant or
21 acquire licenses, easements and options with respect thereto,
22 all in the manner and at such price the municipality
23 determines is reasonably necessary to achieve the objectives
24 of the redevelopment plan and project. No conveyance, lease,
25 mortgage, disposition of land or other property owned by a
26 municipality, or agreement relating to the development of
27 such municipal property shall be made except upon the
28 adoption of an ordinance by the corporate authorities of the
29 municipality. Furthermore, no conveyance, lease, mortgage, or
30 other disposition of land owned by a municipality or
31 agreement relating to the development of such municipal
32 property shall be made without making public disclosure of
33 the terms of the disposition and all bids and proposals made
34 in response to the municipality's request. The procedures
-360- LRB9203186EGfg
1 for obtaining such bids and proposals shall provide
2 reasonable opportunity for any person to submit alternative
3 proposals or bids.
4 (d) Within a redevelopment project area, clear any area
5 by demolition or removal of any existing buildings and
6 structures.
7 (e) Within a redevelopment project area, renovate or
8 rehabilitate or construct any structure or building, as
9 permitted under this Act.
10 (f) Install, repair, construct, reconstruct or relocate
11 streets, utilities and site improvements essential to the
12 preparation of the redevelopment area for use in accordance
13 with a redevelopment plan.
14 (g) Within a redevelopment project area, fix, charge and
15 collect fees, rents and charges for the use of any building
16 or property owned or leased by it or any part thereof, or
17 facility therein.
18 (h) Accept grants, guarantees and donations of property,
19 labor, or other things of value from a public or private
20 source for use within a project redevelopment area.
21 (i) Acquire and construct public facilities within a
22 redevelopment project area, as permitted under this Act.
23 (j) Incur project redevelopment costs and reimburse
24 developers who incur redevelopment project costs authorized
25 by a redevelopment agreement; provided, however, that on and
26 after the effective date of this amendatory Act of the 91st
27 General Assembly, no municipality shall incur redevelopment
28 project costs (except for planning costs and any other
29 eligible costs authorized by municipal ordinance or
30 resolution that are subsequently included in the
31 redevelopment plan for the area and are incurred by the
32 municipality after the ordinance or resolution is adopted)
33 that are not consistent with the program for accomplishing
34 the objectives of the redevelopment plan as included in that
-361- LRB9203186EGfg
1 plan and approved by the municipality until the municipality
2 has amended the redevelopment plan as provided elsewhere in
3 this Act.
4 (k) Create a commission of not less than 5 or more than
5 15 persons to be appointed by the mayor or president of the
6 municipality with the consent of the majority of the
7 governing board of the municipality. Members of a commission
8 appointed after the effective date of this amendatory Act of
9 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
10 years, respectively, in such numbers as to provide that the
11 terms of not more than 1/3 of all such members shall expire
12 in any one year. Their successors shall be appointed for a
13 term of 5 years. The commission, subject to approval of the
14 corporate authorities may exercise the powers enumerated in
15 this Section. The commission shall also have the power to
16 hold the public hearings required by this division and make
17 recommendations to the corporate authorities concerning the
18 adoption of redevelopment plans, redevelopment projects and
19 designation of redevelopment project areas.
20 (l) Make payment in lieu of taxes or a portion thereof
21 to taxing districts. If payments in lieu of taxes or a
22 portion thereof are made to taxing districts, those payments
23 shall be made to all districts within a project redevelopment
24 area on a basis which is proportional to the current
25 collections of revenue which each taxing district receives
26 from real property in the redevelopment project area.
27 (m) Exercise any and all other powers necessary to
28 effectuate the purposes of this Act.
29 (n) If any member of the corporate authority, a member
30 of a commission established pursuant to Section 11-74.4-4(k)
31 of this Act, or an employee or consultant of the municipality
32 involved in the planning and preparation of a redevelopment
33 plan, or project for a redevelopment project area or proposed
34 redevelopment project area, as defined in Sections
-362- LRB9203186EGfg
1 11-74.4-3(i) through (k) of this Act, owns or controls an
2 interest, direct or indirect, in any property included in any
3 redevelopment area, or proposed redevelopment area, he or she
4 shall disclose the same in writing to the clerk of the
5 municipality, and shall also so disclose the dates and terms
6 and conditions of any disposition of any such interest, which
7 disclosures shall be acknowledged by the corporate
8 authorities and entered upon the minute books of the
9 corporate authorities. If an individual holds such an
10 interest then that individual shall refrain from any further
11 official involvement in regard to such redevelopment plan,
12 project or area, from voting on any matter pertaining to such
13 redevelopment plan, project or area, or communicating with
14 other members concerning corporate authorities, commission or
15 employees concerning any matter pertaining to said
16 redevelopment plan, project or area. Furthermore, no such
17 member or employee shall acquire of any interest direct, or
18 indirect, in any property in a redevelopment area or proposed
19 redevelopment area after either (a) such individual obtains
20 knowledge of such plan, project or area or (b) first public
21 notice of such plan, project or area pursuant to Section
22 11-74.4-6 of this Division, whichever occurs first. For the
23 purposes of this subsection, a property interest acquired in
24 a single parcel of property by a member of the corporate
25 authority, which property is used exclusively as the
26 member's primary residence, shall not be deemed to constitute
27 an interest in any property included in a redevelopment area
28 or proposed redevelopment area that was established before
29 December 31, 1989, but the member must disclose the
30 acquisition to the municipal clerk under the provisions of
31 this subsection. For the purposes of this subsection, a
32 month-to-month leasehold interest in a single parcel of
33 property by a member of the corporate authority shall not be
34 deemed to constitute an interest in any property included in
-363- LRB9203186EGfg
1 any redevelopment area or proposed redevelopment area, but
2 the member must disclose the interest to the municipal clerk
3 under the provisions of this subsection.
4 (o) Create a Tax Increment Economic Development Advisory
5 Committee to be appointed by the Mayor or President of the
6 municipality with the consent of the majority of the
7 governing board of the municipality, the members of which
8 Committee shall be appointed for initial terms of 1, 2, 3, 4
9 and 5 years respectively, in such numbers as to provide that
10 the terms of not more than 1/3 of all such members shall
11 expire in any one year. Their successors shall be appointed
12 for a term of 5 years. The Committee shall have none of the
13 powers enumerated in this Section. The Committee shall serve
14 in an advisory capacity only. The Committee may advise the
15 governing Board of the municipality and other municipal
16 officials regarding development issues and opportunities
17 within the redevelopment project area or the area within the
18 State Sales Tax Boundary. The Committee may also promote and
19 publicize development opportunities in the redevelopment
20 project area or the area within the State Sales Tax Boundary.
21 (p) Municipalities may jointly undertake and perform
22 redevelopment plans and projects and utilize the provisions
23 of the Act wherever they have contiguous redevelopment
24 project areas or they determine to adopt tax increment
25 financing with respect to a redevelopment project area which
26 includes contiguous real property within the boundaries of
27 the municipalities, and in doing so, they may, by agreement
28 between municipalities, issue obligations, separately or
29 jointly, and expend revenues received under the Act for
30 eligible expenses anywhere within contiguous redevelopment
31 project areas or as otherwise permitted in the Act.
32 (q) Utilize revenues, other than State sales tax
33 increment revenues, received under this Act from one
34 redevelopment project area for eligible costs in another
-364- LRB9203186EGfg
1 redevelopment project area that is either contiguous to, or
2 is separated only by a public right of way from, the
3 redevelopment project area from which the revenues are
4 received. Utilize tax increment revenues for eligible costs
5 that are received from a redevelopment project area created
6 under the Industrial Jobs Recovery Law that is either
7 contiguous to, or is separated only by a public right of way
8 from, the redevelopment project area created under this Act
9 which initially receives these revenues. Utilize revenues,
10 other than State sales tax increment revenues, by
11 transferring or loaning such revenues to a redevelopment
12 project area created under the Industrial Jobs Recovery Law
13 that is either contiguous to, or separated only by a public
14 right of way from the redevelopment project area that
15 initially produced and received those revenues; and, if the
16 redevelopment project area (i) was established before the
17 effective date of this amendatory Act of the 91st General
18 Assembly and (ii) is located within a municipality with a
19 population of more than 100,000, utilize revenues or proceeds
20 of obligations authorized by Section 11-74.4-7 of this Act,
21 other than use or occupation tax revenues, to pay for any
22 redevelopment project costs as defined by subsection (q) of
23 Section 11-74.4-3 to the extent that the redevelopment
24 project costs involve public property that is either
25 contiguous to, or separated only by a public right of way
26 from, a redevelopment project area whether or not
27 redevelopment project costs or the source of payment for the
28 costs are specifically set forth in the redevelopment plan
29 for the redevelopment project area.
30 (r) If no redevelopment project has been initiated in a
31 redevelopment project area within 7 years after the area was
32 designated by ordinance under subsection (a), the
33 municipality shall adopt an ordinance repealing the area's
34 designation as a redevelopment project area; provided,
-365- LRB9203186EGfg
1 however, that if an area received its designation more than 3
2 years before the effective date of this amendatory Act of
3 1994 and no redevelopment project has been initiated within 4
4 years after the effective date of this amendatory Act of
5 1994, the municipality shall adopt an ordinance repealing its
6 designation as a redevelopment project area. Initiation of a
7 redevelopment project shall be evidenced by either a signed
8 redevelopment agreement or expenditures on eligible
9 redevelopment project costs associated with a redevelopment
10 project.
11 (Source: P.A. 90-258, eff. 7-30-97; 91-478, eff. 11-1-99;
12 91-642, eff. 8-20-99; revised 10-20-99.)
13 (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
14 Sec. 11-74.4-8. A municipality may not adopt tax
15 increment financing in a redevelopment project area after the
16 effective date of this amendatory Act of 1997 that will
17 encompass an area that is currently included in an enterprise
18 zone created under the Illinois Enterprise Zone Act unless
19 that municipality, pursuant to Section 5.4 of the Illinois
20 Enterprise Zone Act, amends the enterprise zone designating
21 ordinance to limit the eligibility for tax abatements as
22 provided in Section 5.4.1 of the Illinois Enterprise Zone
23 Act. A municipality, at the time a redevelopment project
24 area is designated, may adopt tax increment allocation
25 financing by passing an ordinance providing that the ad
26 valorem taxes, if any, arising from the levies upon taxable
27 real property in such redevelopment project area by taxing
28 districts and tax rates determined in the manner provided in
29 paragraph (c) of Section 11-74.4-9 each year after the
30 effective date of the ordinance until redevelopment project
31 costs and all municipal obligations financing redevelopment
32 project costs incurred under this Division have been paid
33 shall be divided as follows:
-366- LRB9203186EGfg
1 (a) That portion of taxes levied upon each taxable lot,
2 block, tract or parcel of real property which is attributable
3 to the lower of the current equalized assessed value or the
4 initial equalized assessed value of each such taxable lot,
5 block, tract or parcel of real property in the redevelopment
6 project area shall be allocated to and when collected shall
7 be paid by the county collector to the respective affected
8 taxing districts in the manner required by law in the absence
9 of the adoption of tax increment allocation financing.
10 (b) Except from a tax levied by a township to retire
11 bonds issued to satisfy court-ordered damages, that portion,
12 if any, of such taxes which is attributable to the increase
13 in the current equalized assessed valuation of each taxable
14 lot, block, tract or parcel of real property in the
15 redevelopment project area over and above the initial
16 equalized assessed value of each property in the project area
17 shall be allocated to and when collected shall be paid to the
18 municipal treasurer who shall deposit said taxes into a
19 special fund called the special tax allocation fund of the
20 municipality for the purpose of paying redevelopment project
21 costs and obligations incurred in the payment thereof. In any
22 county with a population of 3,000,000 or more that has
23 adopted a procedure for collecting taxes that provides for
24 one or more of the installments of the taxes to be billed and
25 collected on an estimated basis, the municipal treasurer
26 shall be paid for deposit in the special tax allocation fund
27 of the municipality, from the taxes collected from estimated
28 bills issued for property in the redevelopment project area,
29 the difference between the amount actually collected from
30 each taxable lot, block, tract, or parcel of real property
31 within the redevelopment project area and an amount
32 determined by multiplying the rate at which taxes were last
33 extended against the taxable lot, block, track, or parcel of
34 real property in the manner provided in subsection (c) of
-367- LRB9203186EGfg
1 Section 11-74.4-9 by the initial equalized assessed value of
2 the property divided by the number of installments in which
3 real estate taxes are billed and collected within the county;
4 provided that the payments on or before December 31, 1999 to
5 a municipal treasurer shall be made only if each of the
6 following conditions are met:
7 (1) The total equalized assessed value of the
8 redevelopment project area as last determined was not
9 less than 175% of the total initial equalized assessed
10 value.
11 (2) Not more than 50% of the total equalized
12 assessed value of the redevelopment project area as last
13 determined is attributable to a piece of property
14 assigned a single real estate index number.
15 (3) The municipal clerk has certified to the county
16 clerk that the municipality has issued its obligations to
17 which there has been pledged the incremental property
18 taxes of the redevelopment project area or taxes levied
19 and collected on any or all property in the municipality
20 or the full faith and credit of the municipality to pay
21 or secure payment for all or a portion of the
22 redevelopment project costs. The certification shall be
23 filed annually no later than September 1 for the
24 estimated taxes to be distributed in the following year;
25 however, for the year 1992 the certification shall be
26 made at any time on or before March 31, 1992.
27 (4) The municipality has not requested that the
28 total initial equalized assessed value of real property
29 be adjusted as provided in subsection (b) of Section
30 11-74.4-9.
31 The conditions of paragraphs (1) through (4) do not apply
32 after December 31, 1999 to payments to a municipal treasurer
33 made by a county with 3,000,000 or more inhabitants that has
34 adopted an estimated billing procedure for collecting taxes.
-368- LRB9203186EGfg
1 If a county that has adopted the estimated billing procedure
2 makes an erroneous overpayment of tax revenue to the
3 municipal treasurer, then the county may seek a refund of
4 that overpayment. The county shall send the municipal
5 treasurer a notice of liability for the overpayment on or
6 before the mailing date of the next real estate tax bill
7 within the county. The refund shall be limited to the amount
8 of the overpayment.
9 It is the intent of this Division that after the
10 effective date of this amendatory Act of 1988 a
11 municipality's own ad valorem tax arising from levies on
12 taxable real property be included in the determination of
13 incremental revenue in the manner provided in paragraph (c)
14 of Section 11-74.4-9. If the municipality does not extend
15 such a tax, it shall annually deposit in the municipality's
16 Special Tax Increment Fund an amount equal to 10% of the
17 total contributions to the fund from all other taxing
18 districts in that year. The annual 10% deposit required by
19 this paragraph shall be limited to the actual amount of
20 municipally produced incremental tax revenues available to
21 the municipality from taxpayers located in the redevelopment
22 project area in that year if: (a) the plan for the area
23 restricts the use of the property primarily to industrial
24 purposes, (b) the municipality establishing the redevelopment
25 project area is a home-rule community with a 1990 population
26 of between 25,000 and 50,000, (c) the municipality is wholly
27 located within a county with a 1990 population of over
28 750,000 and (d) the redevelopment project area was
29 established by the municipality prior to June 1, 1990. This
30 payment shall be in lieu of a contribution of ad valorem
31 taxes on real property. If no such payment is made, any
32 redevelopment project area of the municipality shall be
33 dissolved.
34 If a municipality has adopted tax increment allocation
-369- LRB9203186EGfg
1 financing by ordinance and the County Clerk thereafter
2 certifies the "total initial equalized assessed value as
3 adjusted" of the taxable real property within such
4 redevelopment project area in the manner provided in
5 paragraph (b) of Section 11-74.4-9, each year after the date
6 of the certification of the total initial equalized assessed
7 value as adjusted until redevelopment project costs and all
8 municipal obligations financing redevelopment project costs
9 have been paid the ad valorem taxes, if any, arising from the
10 levies upon the taxable real property in such redevelopment
11 project area by taxing districts and tax rates determined in
12 the manner provided in paragraph (c) of Section 11-74.4-9
13 shall be divided as follows:
14 (1) That portion of the taxes levied upon each
15 taxable lot, block, tract or parcel of real property
16 which is attributable to the lower of the current
17 equalized assessed value or "current equalized assessed
18 value as adjusted" or the initial equalized assessed
19 value of each such taxable lot, block, tract, or parcel
20 of real property existing at the time tax increment
21 financing was adopted, minus the total current homestead
22 exemptions provided by Sections 15-170 and 15-175 of the
23 Property Tax Code in the redevelopment project area shall
24 be allocated to and when collected shall be paid by the
25 county collector to the respective affected taxing
26 districts in the manner required by law in the absence of
27 the adoption of tax increment allocation financing.
28 (2) That portion, if any, of such taxes which is
29 attributable to the increase in the current equalized
30 assessed valuation of each taxable lot, block, tract, or
31 parcel of real property in the redevelopment project
32 area, over and above the initial equalized assessed value
33 of each property existing at the time tax increment
34 financing was adopted, minus the total current homestead
-370- LRB9203186EGfg
1 exemptions pertaining to each piece of property provided
2 by Sections 15-170 and 15-175 of the Property Tax Code in
3 the redevelopment project area, shall be allocated to and
4 when collected shall be paid to the municipal Treasurer,
5 who shall deposit said taxes into a special fund called
6 the special tax allocation fund of the municipality for
7 the purpose of paying redevelopment project costs and
8 obligations incurred in the payment thereof.
9 The municipality may pledge in the ordinance the funds in
10 and to be deposited in the special tax allocation fund for
11 the payment of such costs and obligations. No part of the
12 current equalized assessed valuation of each property in the
13 redevelopment project area attributable to any increase above
14 the total initial equalized assessed value, or the total
15 initial equalized assessed value as adjusted, of such
16 properties shall be used in calculating the general State
17 school aid formula, provided for in Section 18-8 of the
18 School Code, until such time as all redevelopment project
19 costs have been paid as provided for in this Section.
20 Whenever a municipality issues bonds for the purpose of
21 financing redevelopment project costs, such municipality may
22 provide by ordinance for the appointment of a trustee, which
23 may be any trust company within the State, and for the
24 establishment of such funds or accounts to be maintained by
25 such trustee as the municipality shall deem necessary to
26 provide for the security and payment of the bonds. If such
27 municipality provides for the appointment of a trustee, such
28 trustee shall be considered the assignee of any payments
29 assigned by the municipality pursuant to such ordinance and
30 this Section. Any amounts paid to such trustee as assignee
31 shall be deposited in the funds or accounts established
32 pursuant to such trust agreement, and shall be held by such
33 trustee in trust for the benefit of the holders of the bonds,
34 and such holders shall have a lien on and a security interest
-371- LRB9203186EGfg
1 in such funds or accounts so long as the bonds remain
2 outstanding and unpaid. Upon retirement of the bonds, the
3 trustee shall pay over any excess amounts held to the
4 municipality for deposit in the special tax allocation fund.
5 When such redevelopment projects costs, including without
6 limitation all municipal obligations financing redevelopment
7 project costs incurred under this Division, have been paid,
8 all surplus funds then remaining in the special tax
9 allocation fund shall be distributed by being paid by the
10 municipal treasurer to the Department of Revenue, the
11 municipality and the county collector; first to the
12 Department of Revenue and the municipality in direct
13 proportion to the tax incremental revenue received from the
14 State and the municipality, but not to exceed the total
15 incremental revenue received from the State or the
16 municipality less any annual surplus distribution of
17 incremental revenue previously made; with any remaining funds
18 to be paid to the County Collector who shall immediately
19 thereafter pay said funds to the taxing districts in the
20 redevelopment project area in the same manner and proportion
21 as the most recent distribution by the county collector to
22 the affected districts of real property taxes from real
23 property in the redevelopment project area.
24 Upon the payment of all redevelopment project costs,
25 retirement of obligations and the distribution of any excess
26 monies pursuant to this Section, the municipality shall adopt
27 an ordinance dissolving the special tax allocation fund for
28 the redevelopment project area and terminating the
29 designation of the redevelopment project area as a
30 redevelopment project area. Municipalities shall notify
31 affected taxing districts prior to November 1 if the
32 redevelopment project area is to be terminated by December 31
33 of that same year. If a municipality extends estimated dates
34 of completion of a redevelopment project and retirement of
-372- LRB9203186EGfg
1 obligations to finance a redevelopment project, as allowed by
2 this amendatory Act of 1993, that extension shall not extend
3 the property tax increment allocation financing authorized by
4 this Section. Thereafter the rates of the taxing districts
5 shall be extended and taxes levied, collected and distributed
6 in the manner applicable in the absence of the adoption of
7 tax increment allocation financing.
8 Nothing in this Section shall be construed as relieving
9 property in such redevelopment project areas from being
10 assessed as provided in the Property Tax Code or as relieving
11 owners of such property from paying a uniform rate of taxes,
12 as required by Section 4 of Article 9 of the Illinois
13 Constitution.
14 (Source: P.A. 90-258, eff. 7-30-97; 91-190, eff. 7-20-99;
15 91-478, eff. 11-1-99; revised 10-13-99.)
16 Section 46. The Metropolitan Pier and Exposition
17 Authority Act is amended by changing Section 23.1 as follows:
18 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
19 Sec. 23.1. (a) The Authority shall, within 90 days
20 after the effective date of this amendatory Act of 1984,
21 establish and maintain an affirmative action program designed
22 to promote equal employment opportunity and eliminate the
23 effects of past discrimination. Such program shall include a
24 plan, including timetables where appropriate, which shall
25 specify goals and methods for increasing participation by
26 women and minorities in employment by the Authority and by
27 parties which contract with the Authority. The Authority
28 shall submit a detailed plan with the General Assembly prior
29 to September 1 of each year. Such program shall also
30 establish procedures and sanctions (including debarment),
31 which the Authority shall enforce to ensure compliance with
32 the plan established pursuant to this Section and with State
-373- LRB9203186EGfg
1 and federal laws and regulations relating to the employment
2 of women and minorities. A determination by the Authority as
3 to whether a party to a contract with the Authority has
4 achieved the goals or employed the methods for increasing
5 participation by women and minorities shall be determined in
6 accordance with the terms of such contracts or the applicable
7 provisions of rules and regulations of the Authority existing
8 at the time such contract was executed, including any
9 provisions for consideration of good faith efforts at
10 compliance which the Authority may reasonably adopt.
11 (b) The Authority shall adopt and maintain minority and
12 female owned business enterprise procurement programs under
13 the affirmative action program described in subsection (a)
14 for any and all work undertaken by the Authority. That work
15 shall include, but is not limited to, the purchase of
16 professional services, construction services, supplies,
17 materials, and equipment. The programs shall establish goals
18 of awarding not less than 25% of the annual dollar value of
19 all contracts, purchase orders, or other agreements
20 (collectively referred to as "contracts") to minority owned
21 businesses and 5% of the annual dollar value of all contracts
22 to female owned businesses. Without limiting the generality
23 of the foregoing, the programs shall require in connection
24 with the prequalification or consideration of vendors for
25 professional service contracts, construction contracts, and
26 contracts for supplies, materials, equipment, and services
27 that each proposer or bidder submit as part of his or her
28 proposal or bid a commitment detailing how he or she will
29 expend 25% or more of the dollar value of his or her
30 contracts with one or more minority owned businesses and 5%
31 or more of the dollar value with one or more female owned
32 businesses. Bids or proposals that do not include such
33 detailed commitments are not responsive and shall be rejected
34 unless the Authority deems it appropriate to grant a waiver
-374- LRB9203186EGfg
1 of these requirements. In addition the Authority may, in
2 connection with the selection of providers of professional
3 services, reserve the right to select a minority or female
4 owned business or businesses to fulfill the commitment to
5 minority and female business participation. The commitment
6 to minority and female business participation may be met by
7 the contractor or professional service provider's status as a
8 minority or female owned business, by joint venture or by
9 subcontracting a portion of the work with or purchasing
10 materials for the work from one or more such businesses, or
11 by any combination thereof. Each contract shall require the
12 contractor or provider to submit a certified monthly report
13 detailing the status of that contractor or provider's
14 compliance with the Authority's minority and female owned
15 business enterprise procurement program. The Authority,
16 after reviewing the monthly reports of the contractors and
17 providers, shall compile a comprehensive report regarding
18 compliance with this procurement program and file it
19 quarterly with the General Assembly. If, in connection with
20 a particular contract, the Authority determines that it is
21 impracticable or excessively costly to obtain minority or
22 female owned businesses to perform sufficient work to fulfill
23 the commitment required by this subsection, the Authority
24 shall reduce or waive the commitment in the contract, as may
25 be appropriate. The Authority shall establish rules and
26 regulations setting forth the standards to be used in
27 determining whether or not a reduction or waiver is
28 appropriate. The terms "minority owned business" and "female
29 owned business" have the meanings given to those terms in the
30 Minority and Female Business Enterprise for Minorities,
31 Females, and Persons with Disabilities Act.
32 (c) The Authority shall adopt and maintain an
33 affirmative action program in connection with the hiring of
34 minorities and women on the Expansion Project and on any and
-375- LRB9203186EGfg
1 all construction projects undertaken by the Authority. The
2 program shall be designed to promote equal employment
3 opportunity and shall specify the goals and methods for
4 increasing the participation of minorities and women in a
5 representative mix of job classifications required to perform
6 the respective contracts awarded by the Authority.
7 (d) In connection with the Expansion Project, the
8 Authority shall incorporate the following elements into its
9 minority and female owned business procurement programs to
10 the extent feasible: (1) a major contractors program that
11 permits minority owned businesses and female owned businesses
12 to bear significant responsibility and risk for a portion of
13 the project; (2) a mentor/protege program that provides
14 financial, technical, managerial, equipment, and personnel
15 support to minority owned businesses and female owned
16 businesses; (3) an emerging firms program that includes
17 minority owned businesses and female owned businesses that
18 would not otherwise qualify for the project due to
19 inexperience or limited resources; (4) a small projects
20 program that includes participation by smaller minority owned
21 businesses and female owned businesses on jobs where the
22 total dollar value is $5,000,000 or less; and (5) a set-aside
23 program that will identify contracts requiring the
24 expenditure of funds less than $50,000 for bids to be
25 submitted solely by minority owned businesses and female
26 owned businesses.
27 (e) The Authority is authorized to enter into agreements
28 with contractors' associations, labor unions, and the
29 contractors working on the Expansion Project to establish an
30 Apprenticeship Preparedness Training Program to provide for
31 an increase in the number of minority and female journeymen
32 and apprentices in the building trades and to enter into
33 agreements with Community College District 508 to provide
34 readiness training. The Authority is further authorized to
-376- LRB9203186EGfg
1 enter into contracts with public and private educational
2 institutions and persons in the hospitality industry to
3 provide training for employment in the hospitality industry.
4 (f) McCormick Place Advisory Board. There is created a
5 McCormick Place Advisory Board composed as follows: 7 members
6 shall be named by the Authority who are residents of the area
7 surrounding the McCormick Place Expansion Project and are
8 either minorities, as defined in this subsection, or women; 7
9 members shall be State Senators named by the President of the
10 Senate who are residents of the City of Chicago and are
11 either members of minority groups or women; and 7 members
12 shall be State Representatives named by the Speaker of the
13 House who are residents of the City of Chicago and are either
14 members of minority groups or women. A State Senator or
15 State Representative member may appoint a designee to serve
16 on the McCormick Place Advisory Board in his or her absence.
17 A "member of a minority group" shall mean a person who is
18 a citizen or lawful permanent resident of the United States
19 and who is
20 (1) Black (a person having origins in any of the
21 black racial groups in Africa);
22 (2) Hispanic (a person of Spanish or Portuguese
23 culture with origins in Mexico, South or Central America,
24 or the Caribbean Islands, regardless of race);
25 (3) Asian American (a person having origins in any
26 of the original peoples of the Far East, Southeast Asia,
27 the Indian Subcontinent, or the Pacific Islands); or
28 (4) American Indian or Alaskan Native (a person
29 having origins in any of the original peoples of North
30 America).
31 Members of the McCormick Place Advisory Board shall serve
32 2-year terms and until their successors are appointed, except
33 members who serve as a result of their elected position whose
34 terms shall continue as long as they hold their designated
-377- LRB9203186EGfg
1 elected positions. Vacancies shall be filled by appointment
2 for the unexpired term in the same manner as original
3 appointments are made. The McCormick Place Advisory Board
4 shall elect its own chairperson.
5 Members of the McCormick Place Advisory Board shall serve
6 without compensation but, at the Authority's discretion,
7 shall be reimbursed for necessary expenses in connection with
8 the performance of their duties.
9 The McCormick Place Advisory Board shall meet quarterly,
10 or as needed, shall produce any reports it deems necessary,
11 and shall:
12 (1) Work with the Authority on ways to improve the
13 area physically and economically;
14 (2) Work with the Authority regarding potential
15 means for providing increased economic opportunities to
16 minorities and women produced indirectly or directly from
17 the construction and operation of the Expansion Project;
18 (3) Work with the Authority to minimize any
19 potential impact on the area surrounding the McCormick
20 Place Expansion Project, including any impact on minority
21 or female owned businesses, resulting from the
22 construction and operation of the Expansion Project;
23 (4) Work with the Authority to find candidates for
24 building trades apprenticeships, for employment in the
25 hospitality industry, and to identify job training
26 programs;
27 (5) Work with the Authority to implement the
28 provisions of subsections (a) through (e) of this Section
29 in the construction of the Expansion Project, including
30 the Authority's goal of awarding not less than 25% and 5%
31 of the annual dollar value of contracts to minority and
32 female owned businesses, the outreach program for
33 minorities and women, and the mentor/protege program for
34 providing assistance to minority and female owned
-378- LRB9203186EGfg
1 businesses.
2 (Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.)
3 Section 46.2. The Public Health District Act is amended
4 by changing Section 24 as follows:
5 (70 ILCS 905/24) (from Ch. 111 1/2, par. 20.4)
6 Sec. 24. The bonds authorized by this Act shall be sold
7 and the proceeds thereof used solely for the specified
8 purpose. At or before the time of delivery of any bond, the
9 board shall file with the county clerk of each county in
10 which the district is situated its certificates, stating the
11 amount of bonds to be issued, or denominations, rate of
12 interest, where payable, and shall include a form of bond to
13 be issued. The board shall levy a direct tax upon all of the
14 taxable property within the district sufficient to pay the
15 principal principle and interest on the bonds as and when the
16 same respectively mature. The certificates so filed shall be
17 full authority to the county clerk to extend the tax named
18 therein upon all the taxable property within the district.
19 Such tax shall be in addition to all other taxes and shall
20 not be within any rate limitation otherwise prescribed by
21 law.
22 The proceeds received from the sale of the bonds shall be
23 received and held by the board and expended under its
24 direction upon the warrant of a majority of the members.
25 (Source: Laws 1953, p. 900; revised 9-22-00.)
26 Section 46.4. The Metropolitan Water Reclamation
27 District Act is amended by changing Section 8c as follows:
28 (70 ILCS 2605/8c) (from Ch. 42, par. 327c)
29 Sec. 8c. Every lease of property no longer or not
30 immediately required for corporate purposes of a sanitary
-379- LRB9203186EGfg
1 district, from such district to others for a term not to
2 exceed 99 years, in accordance with Section 8 of this Act,
3 shall be negotiated, created and executed in the following
4 manner:
5 (1) Notice of such proposed leasing shall be published
6 for 3 consecutive weeks in a newspaper of general circulation
7 published in such sanitary district, if any, and otherwise in
8 the county containing such district.;
9 (2) Prior to receipt of bids for the lease under this
10 Section, the fair market value of every parcel of real
11 property to be leased must be determined by 2 professional
12 appraisers who are members of the American Institute of Real
13 Estate Appraisers or a similar, equivalently recognized
14 professional organization. The sanitary district acting
15 through the general superintendent may select and engage an
16 additional appraiser for such determination of fair market
17 value. Every appraisal report must contain an affidavit
18 certifying the absence of any collusion involving the
19 appraiser and relating to the lease of such property.;
20 (3) Such lease must be awarded to the highest
21 responsible bidder (including established commercial or
22 industrial concerns and financially responsible individuals)
23 upon free and open competitive bids, except that no lease may
24 be awarded unless the bid of such highest responsible bidder
25 provides for an annual rental payment to the sanitary
26 district of at least 6% of the fair market value determined
27 under this Section.;
28 (4) Prior to acceptance of the bid of the highest
29 responsible bidder and before execution of the lease the
30 bidder shall submit to the board of commissioners and general
31 superintendent, for incorporation in the lease, a detailed
32 plan and description of improvements to be constructed upon
33 the leased property, the time within which the improvements
34 will be completed, and the intended uses of the leased
-380- LRB9203186EGfg
1 property. If there is more than one responsible bid, the
2 board of commissioners may authorize and direct the general
3 superintendent to solicit from the 2 highest responsible
4 bidders written amendments to their prior bids, increasing
5 their rental bid proposal by at least 5% in excess of their
6 prior written bid, or otherwise amending the financial terms
7 of their bid so as to maximize the financial return to the
8 sanitary district during the term of the proposed lease.
9 Upon the general superintendent's tentative agreement with
10 one or more amended bids, the bids may be submitted to the
11 board of commissioners with the recommendation of the general
12 superintendent for acceptance of one or rejection of all.
13 The amendments may not result in a diminution of the terms of
14 the transaction and must result in an agreement that is equal
15 to or greater in value than the highest responsible bid
16 initially received.;
17 (5) The execution of such lease must be contemporaneous
18 to the execution by the lessee, each member of the board of
19 commissioners and the general superintendent of an affidavit
20 certifying the absence of any collusion involving the lessee,
21 the members and the general superintendent and relating to
22 such lease.;
23 (6) No later than 30 days after the effective date of
24 the lease, the lessee must deliver to the sanitary district a
25 certified statement of the County Assessor, Township Assessor
26 or the county clerk of the county wherein the property is
27 situated that such property is presently contained in the
28 official list of lands and lots to be assessed for taxes for
29 the several towns or taxing districts in his county.;
30 (7) Such lease shall provide for a fixed annual rental
31 payment for the first year not less than 6% of the fair
32 market value as determined under this Section and may be
33 subject to annual adjustments based on changes in the
34 Consumer Price Index published by the United States
-381- LRB9203186EGfg
1 Department of Labor, Bureau of Labor Statistics, or some
2 other well known economic governmental activity index. Any
3 lease, the term of which will extend for 15 years or more,
4 shall provide for a redetermination of the fair market value
5 (independent of improvements to the property subsequent to
6 the effective date of the lease) after the initial 10 years
7 and every 10 years thereafter, in the manner set forth in
8 paragraph (2) of this Section, said redetermination to be as
9 of the first day of each succeeding 10 year period, and
10 annual rental payments shall be adjusted so that the ratio of
11 annual rental to fair market value shall be the same as that
12 ratio for the first year of the preceding 10 year period.
13 The rental payment for the first year of the new 10 year
14 period may be subject to Consumer Price Index or other
15 allowable index adjustments for each of the next 9 years, or
16 until the end of the lease term if there are less than 9
17 years remaining.
18 (8) A sanitary district may require compensation to be
19 paid in addition to rent, based on a reasonable percentage of
20 revenues derived from a lessee's business operations on the
21 leasehold premises or subleases, or may require additional
22 compensation from the lessee or any sublessee in the form of
23 services, including but not limited to solid waste disposal;
24 provided, however, that such additional compensation shall
25 not be considered in determining the highest responsible bid,
26 said highest responsible bid to be determined only on the
27 initial annual rental payment as set forth in paragraph (3)
28 of this Section.
29 (9) No assignment of such lease or sublease of such
30 property is effective unless approved in writing by the
31 general superintendent and the board of commissioners of the
32 sanitary district. No assignment or sublease is effective if
33 the assignee or sublessee is a trust constituted by real
34 property of which the trustee has title but no power of
-382- LRB9203186EGfg
1 management or control, unless the identity of the
2 beneficiaries of the trust is revealed, upon demand, to the
3 general superintendent and the board of commissioners of the
4 sanitary district.;
5 (10) Failure by the lessee to comply with a provision in
6 the lease relating to improvements upon the leased property
7 or any other provision constitutes grounds for forfeiture of
8 the lease, and upon such failure the sanitary district acting
9 through the general superintendent shall serve the lessee
10 with a notice to terminate the lease and deliver possession
11 of the property to the sanitary district within a particular
12 period.;
13 (11) If the general superintendent and the board of
14 commissioners conclude that it would be in the public
15 interest, said sanitary district may lease to the United
16 States of America and the State of Illinois, County of Cook,
17 any municipal corporation, or any institution of higher
18 learning which has been in existence for 5 years prior to
19 said lease, provided that such lease limit the institution's
20 use of the leased land to only those purposes relating to the
21 operation of such institution's academic or physical
22 educational programs without complying with the prior
23 provisions of this section, upon such terms as may be
24 mutually agreed upon, in accordance with an act concerning
25 "Transfer of Real Estate between Municipal Corporations",
26 approved July 2, 1925, as amended, with provisions that such
27 property is to be applied exclusively to public recreational
28 purposes or other public purposes and that such lease is
29 terminable in accordance with service of a one-year notice to
30 terminate after determination by the board of commissioners
31 and the general superintendent that such property (or part
32 thereof) has become essential to the corporate purposes of
33 the sanitary district.
34 (Source: P.A. 91-248, eff. 1-1-00; revised 3-9-00.)
-383- LRB9203186EGfg
1 Section 47. The Illinois Sports Facilities Authority Act
2 is amended by changing Section 9 as follows:
3 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
4 (Text of Section before amendment by P.A. 91-935)
5 Sec. 9. Duties. In addition to the powers set forth
6 elsewhere in this Act, subject to the terms of any agreements
7 with the holders of the Authority's bonds or notes, the
8 Authority shall:
9 (1) Comply with all zoning, building, and land use
10 controls of the municipality within which it owns any
11 stadium facility.;
12 (2) Enter into a management agreement with a tenant
13 to operate the facility for a period at least as long as
14 the term of any bonds issued to finance construction of
15 the facility. Such agreement shall contain appropriate
16 and reasonable provisions with respect to termination,
17 default and legal remedies.;
18 (3) Create and maintain a financial reserve for
19 repair and replacement of capital assets and deposit into
20 this reserve not less than $1,000,000 per year beginning
21 at such time as the Authority and the tenant shall
22 agree.;
23 (4) Acquire a site or sites for a facility
24 reasonably accessible to the interested public and
25 capable of providing adequate spaces for automobile
26 parking.;
27 (5) In connection with prequalification of general
28 contractors for construction of the new stadium facility,
29 the Authority shall require submission of a commitment
30 detailing how the general contractor will expend 25% or
31 more of the dollar value of the general contract with one
32 or more minority business enterprises and 5% or more of
33 the dollar value with one or more female business
-384- LRB9203186EGfg
1 enterprises. This commitment may be met by contractor's
2 status as a minority business enterprise or female
3 business enterprise, by a joint venture or by
4 subcontracting a portion of the work with or by
5 purchasing materials for the work from one or more such
6 enterprises, or by any combination thereof. Any contract
7 with the general contractor for construction of the new
8 stadium facility shall require the general contractor to
9 meet the foregoing obligations and shall require monthly
10 reporting to the Authority with respect to the status of
11 the implementation of the contractor's affirmative action
12 plan and compliance with that plan. This report shall be
13 filed with the General Assembly. The Authority shall
14 establish and maintain an affirmative action program
15 designed to promote equal employment opportunity which
16 specifies the goals and methods for increasing
17 participation by minorities and women in a representative
18 mix of job classifications required to perform the
19 respective contracts. The Authority shall file a report
20 before March 1 of each year with the General Assembly
21 detailing its implementation of this paragraph. The
22 terms "minority business enterprise" and "female business
23 enterprise" shall have the same meanings as "minority
24 owned business" and "female owned business",
25 respectively, as defined provided in the Minority and
26 Female Business Enterprise for Minorities, Females, and
27 Persons with Disabilities Act.;
28 (6) Provide for the construction of any facility
29 pursuant to one or more contracts which require delivery
30 of a completed facility at a fixed maximum price to be
31 insured or guaranteed by a third party determined by the
32 Authority to be financially capable of causing completion
33 of construction of such a facility.
34 (Source: P.A. 85-1034; revised 8-23-99.)
-385- LRB9203186EGfg
1 (Text of Section after amendment by P.A. 91-935)
2 Sec. 9. Duties. In addition to the powers set forth
3 elsewhere in this Act, subject to the terms of any agreements
4 with the holders of the Authority's bonds or notes, the
5 Authority shall:
6 (1) Comply with all zoning, building, and land use
7 controls of the municipality within which is located any
8 stadium facility owned by the Authority or for which the
9 Authority provides financial assistance.
10 (2) With respect to a facility owned or to be owned
11 by the Authority, enter or have entered into a management
12 agreement with a tenant of the Authority to operate the
13 facility that requires the tenant to operate the facility
14 for a period at least as long as the term of any bonds
15 issued to finance the development, establishment,
16 construction, erection, acquisition, repair,
17 reconstruction, remodeling, adding to, extension,
18 improvement, equipping, operation, and maintenance of the
19 facility. Such agreement shall contain appropriate and
20 reasonable provisions with respect to termination,
21 default and legal remedies.
22 (3) With respect to a facility owned or to be owned
23 by a governmental owner other than the Authority, enter
24 into an assistance agreement with either a governmental
25 owner of a facility or its tenant, or both, that requires
26 the tenant, or if the tenant is not a party to the
27 assistance agreement requires the governmental owner to
28 enter into an agreement with the tenant that requires the
29 tenant to use the facility for a period at least as long
30 as the term of any bonds issued to finance the
31 reconstruction, renovation, remodeling, extension or
32 improvement of all or substantially all of the facility.
33 (4) Create and maintain a separate financial
34 reserve for repair and replacement of capital assets of
-386- LRB9203186EGfg
1 any facility owned by the Authority or for which the
2 Authority provides financial assistance and deposit into
3 this reserve not less than $1,000,000 per year for each
4 such facility beginning at such time as the Authority and
5 the tenant, or the Authority and a governmental owner of
6 a facility, as applicable, shall agree.
7 (5) In connection with prequalification of general
8 contractors for the construction of a new stadium
9 facility or the reconstruction, renovation, remodeling,
10 extension, or improvement of all or substantially all of
11 an existing facility, the Authority shall require
12 submission of a commitment detailing how the general
13 contractor will expend 25% or more of the dollar value of
14 the general contract with one or more minority business
15 enterprises and 5% or more of the dollar value with one
16 or more female business enterprises. This commitment may
17 be met by contractor's status as a minority business
18 enterprise or female business enterprise, by a joint
19 venture or by subcontracting a portion of the work with
20 or by purchasing materials for the work from one or more
21 such enterprises, or by any combination thereof. Any
22 contract with the general contractor for construction of
23 the new stadium facility and any contract for the
24 reconstruction, renovation, remodeling, adding to,
25 extension or improvement of all or substantially all of
26 an existing facility shall require the general contractor
27 to meet the foregoing obligations and shall require
28 monthly reporting to the Authority with respect to the
29 status of the implementation of the contractor's
30 affirmative action plan and compliance with that plan.
31 This report shall be filed with the General Assembly.
32 The Authority shall establish and maintain an
33 affirmative action program designed to promote equal
34 employment opportunity which specifies the goals and
-387- LRB9203186EGfg
1 methods for increasing participation by minorities and
2 women in a representative mix of job classifications
3 required to perform the respective contracts. The
4 Authority shall file a report before March 1 of each year
5 with the General Assembly detailing its implementation of
6 this paragraph. The terms "minority business enterprise"
7 and "female business enterprise" shall have the same
8 meanings as "minority owned business" and "female owned
9 business", respectively, as defined in the Business
10 Enterprise for Minorities, Females, and Persons with
11 Disabilities Act.
12 (6) Provide for the construction of any new
13 facility pursuant to one or more contracts which require
14 delivery of a completed facility at a fixed maximum price
15 to be insured or guaranteed by a third party determined
16 by the Authority to be financially capable of causing
17 completion of such construction of the new facility.
18 In connection with any assistance agreement with a
19 governmental owner that provides financial assistance for a
20 facility to be used by a National Football League team, the
21 assistance agreement shall provide that the Authority or its
22 agent shall enter into the contract or contracts for the
23 design and construction services or design/build services for
24 such facility and thereafter transfer its rights and
25 obligations under the contract or contracts to the
26 governmental owner of the facility. In seeking parties to
27 provide design and construction services or design/build
28 services with respect to such facility, the Authority may use
29 such procurement procedures as it may determine, including,
30 without limitation, the selection of design professionals and
31 construction managers or design/builders as may be required
32 by a team that is at risk, in whole or in part, for the cost
33 of design and construction of the facility.
34 An assistance agreement may not provide, directly or
-388- LRB9203186EGfg
1 indirectly, for the payment to the Chicago Park District of
2 more than a total of $10,000,000 on account of the District's
3 loss of property or revenue in connection with the renovation
4 of a facility pursuant to the assistance agreement.
5 (Source: P.A. 91-935, eff. 6-1-01.)
6 Section 48. The Regional Transportation Authority Act is
7 amended by changing Section 4.09 as follows:
8 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
9 Sec. 4.09. Public Transportation Fund and the Regional
10 Transportation Authority Occupation and Use Tax Replacement
11 Fund.
12 (a) As soon as possible after the first day of each
13 month, beginning November 1, 1983, the Comptroller shall
14 order transferred and the Treasurer shall transfer from the
15 General Revenue Fund to a special fund in the State Treasury,
16 to be known as the "Public Transportation Fund" $9,375,000
17 for each month remaining in State fiscal year 1984. As soon
18 as possible after the first day of each month, beginning July
19 1, 1984, upon certification of the Department of Revenue, the
20 Comptroller shall order transferred and the Treasurer shall
21 transfer from the General Revenue Fund to the Public
22 Transportation Fund an amount equal to 25% of the net
23 revenue, before the deduction of the serviceman and retailer
24 discounts pursuant to Section 9 of the Service Occupation Tax
25 Act and Section 3 of the Retailers' Occupation Tax Act,
26 realized from any tax imposed by the Authority pursuant to
27 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
28 into the Regional Transportation Authority tax fund created
29 by Section 4.03 of this Act, from the County and Mass Transit
30 District Fund as provided in Section 6z-20 of the State
31 Finance Act and 25% of the amounts deposited into the
32 Regional Transportation Authority Occupation and Use Tax
-389- LRB9203186EGfg
1 Replacement Fund from the State and Local Sales Tax Reform
2 Fund as provided in Section 6z-17 of the State Finance Act.
3 Net revenue realized for a month shall be the revenue
4 collected by the State pursuant to Sections 4.03 and 4.03.1
5 during the previous month from within the metropolitan
6 region, less the amount paid out during that same month as
7 refunds to taxpayers for overpayment of liability in the
8 metropolitan region under Sections 4.03 and 4.03.1.
9 (b) (1) All moneys deposited in the Public
10 Transportation Fund and the Regional Transportation
11 Authority Occupation and Use Tax Replacement Fund,
12 whether deposited pursuant to this Section or otherwise,
13 are allocated to the Authority. Pursuant to
14 appropriation, the Comptroller, as soon as possible after
15 each monthly transfer provided in this Section and after
16 each deposit into the Public Transportation Fund, shall
17 order the Treasurer to pay to the Authority out of the
18 Public Transportation Fund the amount so transferred or
19 deposited. Such amounts paid to the Authority may be
20 expended by it for its purposes as provided in this Act.
21 Subject to appropriation to the Department of
22 Revenue, the Comptroller, as soon as possible after each
23 deposit into the Regional Transportation Authority
24 Occupation and Use Tax Replacement Fund provided in this
25 Section and Section 6z-17 of the State Finance Act, shall
26 order the Treasurer to pay to the Authority out of the
27 Regional Transportation Authority Occupation and Use Tax
28 Replacement Fund the amount so deposited. Such amounts
29 paid to the Authority may be expended by it for its
30 purposes as provided in this Act.
31 (2) Provided, however, no moneys deposited under
32 subsection (a) of this Section shall be paid from the
33 Public Transportation Fund to the Authority or its
34 assignee for any fiscal year beginning after the
-390- LRB9203186EGfg
1 effective date of this amendatory Act of 1983 until the
2 Authority has certified to the Governor, the Comptroller,
3 and the Mayor of the City of Chicago that it has adopted
4 for that fiscal year a budget and financial plan meeting
5 the requirements in Section 4.01(b).
6 (c) In recognition of the efforts of the Authority to
7 enhance the mass transportation facilities under its control,
8 the State shall provide financial assistance ("Additional
9 State Assistance") in excess of the amounts transferred to
10 the Authority from the General Revenue Fund under subsection
11 (a) of this Section. Additional State Assistance shall be
12 calculated as provided in subsection (d), but shall in no
13 event exceed the following specified amounts with respect to
14 the following State fiscal years:
15 1990 $5,000,000;
16 1991 $5,000,000;
17 1992 $10,000,000;
18 1993 $10,000,000;
19 1994 $20,000,000;
20 1995 $30,000,000;
21 1996 $40,000,000;
22 1997 $50,000,000;
23 1998 $55,000,000; and
24 each year thereafter $55,000,000.
25 (c-5) The State shall provide financial assistance
26 ("Additional Financial Assistance") in addition to the
27 Additional State Assistance provided by subsection (c) and
28 the amounts transferred to the Authority from the General
29 Revenue Fund under subsection (a) of this Section.
30 Additional Financial Assistance provided by this subsection
31 shall be calculated as provided in subsection (d), but shall
32 in no event exceed the following specified amounts with
33 respect to the following State fiscal years:
34 2000 $0;
-391- LRB9203186EGfg
1 2001 $16,000,000;
2 2002 $35,000,000;
3 2003 $54,000,000;
4 2004 $73,000,000;
5 2005 $93,000,000; and
6 each year thereafter $100,000,000.
7 (d) Beginning with State fiscal year 1990 and continuing
8 for each State fiscal year thereafter, the Authority shall
9 annually certify to the State Comptroller and State
10 Treasurer, separately with respect to each of subdivisions
11 (g)(2) and (g)(3) of Section 4.04 of this Act, the following
12 amounts:
13 (1) The amount necessary and required, during the
14 State fiscal year with respect to which the certification
15 is made, to pay its obligations for debt service on all
16 outstanding bonds or notes issued by the Authority under
17 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
18 Act.
19 (2) An estimate of the amount necessary and
20 required to pay its obligations for debt service for any
21 bonds or notes which the Authority anticipates it will
22 issue under subdivisions (g)(2) and (g)(3) of Section
23 4.04 during that State fiscal year.
24 (3) Its debt service savings during the preceding
25 State fiscal year from refunding or advance refunding of
26 bonds or notes issued under subdivisions (g)(2) and
27 (g)(3) of Section 4.04.
28 (4) The amount of interest, if any, earned by the
29 Authority during the previous State fiscal year on the
30 proceeds of bonds or notes issued pursuant to
31 subdivisions (g)(2) and (g)(3) of Section 4.04, other
32 than refunding or advance refunding bonds or notes.
33 The certification shall include a specific schedule of
34 debt service payments, including the date and amount of each
-392- LRB9203186EGfg
1 payment for all outstanding bonds or notes and an estimated
2 schedule of anticipated debt service for all bonds and notes
3 it intends to issue, if any, during that State fiscal year,
4 including the estimated date and estimated amount of each
5 payment.
6 Immediately upon the issuance of bonds for which an
7 estimated schedule of debt service payments was prepared, the
8 Authority shall file an amended certification with respect to
9 item (2) above, to specify the actual schedule of debt
10 service payments, including the date and amount of each
11 payment, for the remainder of the State fiscal year.
12 On the first day of each month of the State fiscal year
13 in which there are bonds outstanding with respect to which
14 the certification is made, the State Comptroller shall order
15 transferred and the State Treasurer shall transfer from the
16 General Revenue Fund to the Public Transportation Fund the
17 Additional State Assistance and Additional Financial
18 Assistance in an amount equal to the aggregate of (i)
19 one-twelfth of the sum of the amounts certified under items
20 (1) and (3) above less the amount certified under item (4)
21 above, plus (ii) the amount required to pay debt service on
22 bonds and notes issued during the fiscal year, if any,
23 divided by the number of months remaining in the fiscal year
24 after the date of issuance, or some smaller portion as may be
25 necessary under subsection (c) or (c-5) of this Section for
26 the relevant State fiscal year, plus (iii) any cumulative
27 deficiencies in transfers for prior months, until an amount
28 equal to the sum of the amounts certified under items (1) and
29 (3) above, plus the actual debt service certified under item
30 (2) above, less the amount certified under item (4) above,
31 has been transferred; except that these transfers are subject
32 to the following limits:
33 (A) In no event shall the total transfers in any
34 State fiscal year relating to outstanding bonds and notes
-393- LRB9203186EGfg
1 issued by the Authority under subdivision (g)(2) of
2 Section 4.04 exceed the lesser of the annual maximum
3 amount specified in subsection (c) or the sum of the
4 amounts certified under items (1) and (3) above, plus the
5 actual debt service certified under item (2) above, less
6 the amount certified under item (4) above, with respect
7 to those bonds and notes.
8 (B) In no event shall the total transfers in any
9 State fiscal year relating to outstanding bonds and notes
10 issued by the Authority under subdivision (g)(3) of
11 Section 4.04 exceed the lesser of the annual maximum
12 amount specified in subsection (c-5) or the sum of the
13 amounts certified under items (1) and (3) above, plus the
14 actual debt service certified under item (2) above, less
15 the amount certified under item (4) above, with respect
16 to those bonds and notes.
17 The term "outstanding" does not include bonds or notes
18 for which refunding or advance refunding bonds or notes have
19 been issued.
20 (e) Neither Additional State Assistance nor Additional
21 Financial Assistance may be pledged, either directly or
22 indirectly as general revenues of the Authority, as security
23 for any bonds issued by the Authority. The Authority may not
24 assign its right to receive Additional State Assistance or
25 Additional Financial Assistance, or direct payment of
26 Additional State Assistance or Additional Financial
27 Assistance, to a trustee or any other entity for the payment
28 of debt service on its bonds.
29 (f) The certification required under subsection (d) with
30 respect to outstanding bonds and notes of the Authority shall
31 be filed as early as practicable before the beginning of the
32 State fiscal year to which it relates. The certification
33 shall be revised as may be necessary to accurately state the
34 debt service requirements of the Authority.
-394- LRB9203186EGfg
1 (g) Within 6 months of the end of the 3 month period
2 ending December 31, 1983, and each fiscal year thereafter,
3 the Authority shall determine whether the aggregate of all
4 system generated revenues for public transportation in the
5 metropolitan region which is provided by, or under grant or
6 purchase of service contracts with, the Service Boards equals
7 50% of the aggregate of all costs of providing such public
8 transportation. "System generated revenues" include all the
9 proceeds of fares and charges for services provided,
10 contributions received in connection with public
11 transportation from units of local government other than the
12 Authority and from the State pursuant to subsection (i) of
13 Section 2705-305 of the Department of Transportation Law (20
14 ILCS 2705/2705-305), and all other revenues properly included
15 consistent with generally accepted accounting principles but
16 may not include the proceeds from any borrowing. "Costs"
17 include all items properly included as operating costs
18 consistent with generally accepted accounting principles,
19 including administrative costs, but do not include:
20 depreciation; payment of principal and interest on bonds,
21 notes or other evidences of obligations for borrowed money of
22 the Authority; payments with respect to public transportation
23 facilities made pursuant to subsection (b) of Section 2.20;
24 any payments with respect to rate protection contracts,
25 credit enhancements or liquidity agreements made under
26 Section 4.14; any other cost as to which it is reasonably
27 expected that a cash expenditure will not be made; costs up
28 to $5,000,000 annually for passenger security including
29 grants, contracts, personnel, equipment and administrative
30 expenses, except in the case of the Chicago Transit
31 Authority, in which case the term does not include costs
32 spent annually by that entity for protection against crime as
33 required by Section 27a of the Metropolitan Transit Authority
34 Act; or costs as exempted by the Board for projects pursuant
-395- LRB9203186EGfg
1 to Section 2.09 of this Act. If said system generated
2 revenues are less than 50% of said costs, the Board shall
3 remit an amount equal to the amount of the deficit to the
4 State. The Treasurer shall deposit any such payment in the
5 General Revenue Fund.
6 (h) If the Authority makes any payment to the State
7 under paragraph (g), the Authority shall reduce the amount
8 provided to a Service Board from funds transferred under
9 paragraph (a) in proportion to the amount by which that
10 Service Board failed to meet its required system generated
11 revenues recovery ratio. A Service Board which is affected by
12 a reduction in funds under this paragraph shall submit to the
13 Authority concurrently with its next due quarterly report a
14 revised budget incorporating the reduction in funds. The
15 revised budget must meet the criteria specified in clauses
16 (i) through (vi) of Section 4.11(b)(2). The Board shall
17 review and act on the revised budget as provided in Section
18 4.11(b)(3).
19 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
20 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; revised 8-9-99.)
21 Section 49. The School Code is amended by setting forth
22 and renumbering multiple versions of Sections 2-3.126,
23 10-20.31, and 34-18.18 and changing Sections 14-8.05,
24 18-8.05, 21-2, 27A-4, 27A-9, 27A-11.5, and 34-8.3 as follows:
25 (105 ILCS 5/2-3.126)
26 (Section scheduled to be repealed on July 16, 2003)
27 Sec. 2-3.126. State Board of Education Fund. The State
28 Board of Education Fund is created as a special fund in the
29 State treasury. Unless specifically directed to be deposited
30 into any other funds or into the General Revenue Fund, all
31 moneys received by the State Board of Education in connection
32 with any fees, registration amounts, or other moneys
-396- LRB9203186EGfg
1 collected by the State Board of Education for various
2 purposes shall be deposited into this Fund. Moneys in this
3 Fund shall be used, subject to appropriation by the General
4 Assembly, by the State Board of Education for expenses
5 incurred in administering programs, initiatives, and
6 activities implemented or supported by the State Board of
7 Education as authorized by statute or rule. The State Board
8 of Education may expend moneys in this Fund in such amounts
9 and at such times as it deems necessary or desirable,
10 including for payment of administrative costs, staff
11 services, and costs for other lawful purposes. Moneys in
12 this Fund shall be used together with and supplemental to
13 regular appropriations to the State Board of Education for
14 any purpose, and nothing in this Section shall be construed
15 to prohibit appropriations from the General Revenue Fund for
16 expenses incurred in the administration of programs,
17 initiatives, or activities implemented or supported by the
18 State Board of Education. This Section is repealed 4 years
19 after the effective date of this amendatory Act of the 91st
20 General Assembly.
21 (Source: P.A. 91-143, eff. 7-16-99.)
22 (105 ILCS 5/2-3.128)
23 Sec. 2-3.128. 2-3.126. Job training program; prohibition.
24 The State Board of Education shall not require a school
25 district or a student of any district to participate in any
26 school-to-work or job training program.
27 (Source: P.A. 91-175, eff. 1-1-00; revised 11-8-99.)
28 (105 ILCS 5/2-3.129)
29 Sec. 2-3.129. 2-3.126. School safety assessment audit.
30 The State Board of Education shall, in cooperation with the
31 Task Force on School Safety and utilizing any of its manuals
32 or resource guides, develop uniform criteria to be
-397- LRB9203186EGfg
1 implemented in school safety plans. Using these criteria,
2 the State Board of Education shall develop a school safety
3 assessment audit, which shall be distributed to all public
4 schools.
5 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
6 (105 ILCS 5/2-3.130)
7 Sec. 2-3.130. 2-3.126. Time out and physical restraint
8 rules. The State Board of Education shall promulgate rules
9 governing the use of time out and physical restraint in the
10 public schools. The rules shall include provisions governing
11 recordkeeping that is required when physical restraint or
12 more restrictive forms of time out are used.
13 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
14 (105 ILCS 5/10-20.31)
15 Sec. 10-20.31. Occupational standards. A school board
16 shall not require a student to meet occupational standards
17 for grade level promotion or graduation unless that student
18 is voluntarily enrolled in a job training program.
19 (Source: P.A. 91-175, eff. 1-1-00.)
20 (105 ILCS 5/10-20.32)
21 Sec. 10-20.32. 10-20.31. School safety assessment audit;
22 safety plan. The school board shall require schools, subject
23 to the award of a grant by the State Board of Education, to
24 complete a school safety assessment audit, as developed by
25 the State Board of Education pursuant to Section 2-3.129,
26 2-3.126, and to develop a written safety plan or revise their
27 current safety plan to implement the criteria developed by
28 the State Board of Education, in cooperation with the Task
29 Force on School Safety, as specified in the school safety
30 assessment audit. The plan shall be subject to approval by
31 the school board. Once approved, the school shall file the
-398- LRB9203186EGfg
1 plan with the State Board of Education and the regional
2 superintendent of schools. The State Board of Education shall
3 provide, subject to appropriation, grants for the purposes of
4 this Section.
5 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
6 (105 ILCS 5/10-20.33)
7 Sec. 10-20.33. 10-20.31. Time out and physical restraint.
8 Until rules are adopted under Section 2-3.130 2-3.126 of this
9 Code, the use of any of the following rooms or enclosures for
10 time out purposes is prohibited:
11 (1) a locked room other than one with a locking
12 mechanism that engages only when a key or handle is being
13 held by a person;
14 (2) a confining space such as a closet or box;
15 (3) a room where the student cannot be continually
16 observed; or
17 (4) any other room or enclosure or time out
18 procedure that is contrary to current guidelines of the
19 State Board of Education.
20 The use of physical restraints is prohibited except when
21 (i) the student poses a physical risk to himself, herself, or
22 others, (ii) there is no medical contraindication to its use,
23 and (iii) the staff applying the restraint have been trained
24 in its safe application. For the purposes of this Section,
25 "restraint" does not include momentary periods of physical
26 restriction by direct person-to-person contact, without the
27 aid of material or mechanical devices, accomplished with
28 limited force and that are designed (i) to prevent a student
29 from completing an act that would result in potential
30 physical harm to himself, herself, or another or damage to
31 property or (ii) to remove a disruptive student who is
32 unwilling to voluntarily leave the area. The use of physical
33 restraints that meet the requirements of this Section may be
-399- LRB9203186EGfg
1 included in a student's individualized education plan where
2 deemed appropriate by the student's individualized education
3 plan team. Whenever physical restraints are used, school
4 personnel shall fully document the incident, including the
5 events leading up to the incident, the type of restraint
6 used, the length of time the student is restrained, and the
7 staff involved. The parents or guardian of a student shall
8 be informed whenever physical restraints are used.
9 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
10 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
11 Sec. 14-8.05. Behavioral intervention.
12 (a) The General Assembly finds and declares that
13 principals and teachers of students with disabilities require
14 training and guidance that provide ways for working
15 successfully with children who have difficulties conforming
16 to acceptable behavioral patterns in order to provide an
17 environment in which learning can occur. It is the intent of
18 the General Assembly:
19 (1) That when behavioral interventions are used,
20 they be used in consideration of the pupil's physical
21 freedom and social interaction, and be administered in a
22 manner that respects human dignity and personal privacy
23 and that ensures a pupil's right to placement in the
24 least restrictive educational environment.
25 (2) That behavioral management plans be developed
26 and used, to the extent possible, in a consistent manner
27 when a local educational agency has placed the pupil in a
28 day or residential setting for education purposes.
29 (3) That a statewide study be conducted of the use
30 of behavioral interventions with students with
31 disabilities receiving special education and related
32 services.
33 (4) That training programs be developed and
-400- LRB9203186EGfg
1 implemented in institutions of higher education that
2 train teachers, and that in-service training programs be
3 made available as necessary in school districts, in
4 educational service centers, and by regional
5 superintendents of schools to assure that adequately
6 trained staff are available to work effectively with the
7 behavioral intervention needs of students with
8 disabilities.
9 (b) On or before September 30, 1993, the State
10 Superintendent of Education shall conduct a statewide study
11 of the use of behavioral interventions with students with
12 disabilities receiving special education and related
13 services. The study shall include, but not necessarily be
14 limited to identification of the frequency in the use of
15 behavioral interventions; the number of districts with
16 policies in place for working with children exhibiting
17 continuous serious behavioral problems; how policies, rules,
18 or regulations within districts differ between emergency and
19 routine behavioral interventions commonly practiced; the
20 nature and extent of costs for training provided to personnel
21 for implementing a program of nonaversive behavioral
22 interventions; and the nature and extent of costs for
23 training provided to parents of students with disabilities
24 who would be receiving behavioral interventions. The scope
25 of the study shall be developed by the State Board of
26 Education, in consultation with individuals and groups
27 representing parents, teachers, administrators, and
28 advocates. On or before June 30, 1994, the State Board of
29 Education shall issue guidelines based on the study's
30 findings. The guidelines shall address, but not be limited
31 to, the following: (i) appropriate behavioral interventions,
32 and (ii) how to properly document the need for and use of
33 behavioral interventions in the process of developing
34 individualized education plans for students with
-401- LRB9203186EGfg
1 disabilities. The guidelines shall be used as a reference to
2 assist school boards in developing local policies and
3 procedures in accordance with this Section. The State Board
4 of Education, with the advice of parents of students with
5 disabilities and other parents, teachers, administrators,
6 advocates for persons with disabilities, and individuals with
7 knowledge or expertise in the development and implementation
8 of behavioral interventions for persons with disabilities,
9 shall review its behavioral intervention guidelines at least
10 once every 3 years to determine their continuing
11 appropriateness and effectiveness and shall make such
12 modifications in the guidelines as it deems necessary.
13 (c) Each school board must establish and maintain a
14 committee to develop policies and procedures on the use of
15 behavioral interventions for students with disabilities who
16 require behavioral intervention. The policies and procedures
17 shall be adopted and implemented by school boards by January
18 1, 1996, shall be amended as necessary to comply with the
19 rules established by the State Board of Education under
20 Section 2-3.130 2-3.126 of this Code not later than one month
21 after commencement of the school year after the State Board
22 of Education's rules are adopted, and shall: (i) be developed
23 with the advice of parents with students with disabilities
24 and other parents, teachers, administrators, advocates for
25 persons with disabilities, and individuals with knowledge or
26 expertise in the development and implementation of behavioral
27 interventions for persons with disabilities; (ii) emphasize
28 positive interventions that are designed to develop and
29 strengthen desirable behaviors; (iii) incorporate procedures
30 and methods consistent with generally accepted practice in
31 the field of behavioral intervention; (iv) include criteria
32 for determining when a student with disabilities may require
33 a behavioral intervention plan; (v) reflect that the
34 guidelines of the State Board of Education have been reviewed
-402- LRB9203186EGfg
1 and considered and provide the address of the State Board of
2 Education so that copies of the State Board of Education
3 behavioral guidelines may be requested; and (vi) include
4 procedures for monitoring the use of restrictive behavioral
5 interventions. Each school board shall (i) furnish a copy of
6 its local policies and procedures to parents and guardians of
7 all students with individualized education plans within 15
8 days after the policies and procedures have been adopted by
9 the school board, or within 15 days after the school board
10 has amended its policies and procedures, or at the time an
11 individualized education plan is first implemented for the
12 student, and (ii) require that each school inform its
13 students of the existence of the policies and procedures
14 annually. Provided, at the annual individualized education
15 plan review, the school board shall (1) explain the local
16 policies and procedures, (2) furnish a copy of the local
17 policies to parents and guardians, and (3) make available,
18 upon request of any parents and guardians, a copy of local
19 procedures.
20 (d) The State Superintendent of Education shall consult
21 with representatives of institutions of higher education and
22 the State Teacher Certification Board in regard to the
23 current training requirements for teachers to ensure that
24 sufficient training is available in appropriate behavioral
25 interventions consistent with professionally accepted
26 practices and standards for people entering the field of
27 education.
28 (Source: P.A. 90-63, eff. 7-3-97; 91-600, eff. 8-14-99;
29 revised 11-8-99.)
30 (105 ILCS 5/18-8.05)
31 Sec. 18-8.05. Basis for apportionment of general State
32 financial aid and supplemental general State aid to the
33 common schools for the 1998-1999 and subsequent school years.
-403- LRB9203186EGfg
1 (A) General Provisions.
2 (1) The provisions of this Section apply to the
3 1998-1999 and subsequent school years. The system of general
4 State financial aid provided for in this Section is designed
5 to assure that, through a combination of State financial aid
6 and required local resources, the financial support provided
7 each pupil in Average Daily Attendance equals or exceeds a
8 prescribed per pupil Foundation Level. This formula approach
9 imputes a level of per pupil Available Local Resources and
10 provides for the basis to calculate a per pupil level of
11 general State financial aid that, when added to Available
12 Local Resources, equals or exceeds the Foundation Level. The
13 amount of per pupil general State financial aid for school
14 districts, in general, varies in inverse relation to
15 Available Local Resources. Per pupil amounts are based upon
16 each school district's Average Daily Attendance as that term
17 is defined in this Section.
18 (2) In addition to general State financial aid, school
19 districts with specified levels or concentrations of pupils
20 from low income households are eligible to receive
21 supplemental general State financial aid grants as provided
22 pursuant to subsection (H). The supplemental State aid grants
23 provided for school districts under subsection (H) shall be
24 appropriated for distribution to school districts as part of
25 the same line item in which the general State financial aid
26 of school districts is appropriated under this Section.
27 (3) To receive financial assistance under this Section,
28 school districts are required to file claims with the State
29 Board of Education, subject to the following requirements:
30 (a) Any school district which fails for any given
31 school year to maintain school as required by law, or to
32 maintain a recognized school is not eligible to file for
33 such school year any claim upon the Common School Fund.
34 In case of nonrecognition of one or more attendance
-404- LRB9203186EGfg
1 centers in a school district otherwise operating
2 recognized schools, the claim of the district shall be
3 reduced in the proportion which the Average Daily
4 Attendance in the attendance center or centers bear to
5 the Average Daily Attendance in the school district. A
6 "recognized school" means any public school which meets
7 the standards as established for recognition by the State
8 Board of Education. A school district or attendance
9 center not having recognition status at the end of a
10 school term is entitled to receive State aid payments due
11 upon a legal claim which was filed while it was
12 recognized.
13 (b) School district claims filed under this Section
14 are subject to Sections 18-9, 18-10, and 18-12, except as
15 otherwise provided in this Section.
16 (c) If a school district operates a full year
17 school under Section 10-19.1, the general State aid to
18 the school district shall be determined by the State
19 Board of Education in accordance with this Section as
20 near as may be applicable.
21 (d) (Blank).
22 (4) Except as provided in subsections (H) and (L), the
23 board of any district receiving any of the grants provided
24 for in this Section may apply those funds to any fund so
25 received for which that board is authorized to make
26 expenditures by law.
27 School districts are not required to exert a minimum
28 Operating Tax Rate in order to qualify for assistance under
29 this Section.
30 (5) As used in this Section the following terms, when
31 capitalized, shall have the meaning ascribed herein:
32 (a) "Average Daily Attendance": A count of pupil
33 attendance in school, averaged as provided for in
34 subsection (C) and utilized in deriving per pupil
-405- LRB9203186EGfg
1 financial support levels.
2 (b) "Available Local Resources": A computation of
3 local financial support, calculated on the basis of
4 Average Daily Attendance and derived as provided pursuant
5 to subsection (D).
6 (c) "Corporate Personal Property Replacement
7 Taxes": Funds paid to local school districts pursuant to
8 "An Act in relation to the abolition of ad valorem
9 personal property tax and the replacement of revenues
10 lost thereby, and amending and repealing certain Acts and
11 parts of Acts in connection therewith", certified August
12 14, 1979, as amended (Public Act 81-1st S.S.-1).
13 (d) "Foundation Level": A prescribed level of per
14 pupil financial support as provided for in subsection
15 (B).
16 (e) "Operating Tax Rate": All school district
17 property taxes extended for all purposes, except Bond and
18 Interest, Summer School, Rent, Capital Improvement, and
19 Vocational Education Building purposes.
20 (B) Foundation Level.
21 (1) The Foundation Level is a figure established by the
22 State representing the minimum level of per pupil financial
23 support that should be available to provide for the basic
24 education of each pupil in Average Daily Attendance. As set
25 forth in this Section, each school district is assumed to
26 exert a sufficient local taxing effort such that, in
27 combination with the aggregate of general State financial aid
28 provided the district, an aggregate of State and local
29 resources are available to meet the basic education needs of
30 pupils in the district.
31 (2) For the 1998-1999 school year, the Foundation Level
32 of support is $4,225. For the 1999-2000 school year, the
33 Foundation Level of support is $4,325. For the 2000-2001
34 school year, the Foundation Level of support is $4,425.
-406- LRB9203186EGfg
1 (3) For the 2001-2002 school year and each school year
2 thereafter, the Foundation Level of support is $4,425 or such
3 greater amount as may be established by law by the General
4 Assembly.
5 (C) Average Daily Attendance.
6 (1) For purposes of calculating general State aid
7 pursuant to subsection (E), an Average Daily Attendance
8 figure shall be utilized. The Average Daily Attendance
9 figure for formula calculation purposes shall be the monthly
10 average of the actual number of pupils in attendance of each
11 school district, as further averaged for the best 3 months of
12 pupil attendance for each school district. In compiling the
13 figures for the number of pupils in attendance, school
14 districts and the State Board of Education shall, for
15 purposes of general State aid funding, conform attendance
16 figures to the requirements of subsection (F).
17 (2) The Average Daily Attendance figures utilized in
18 subsection (E) shall be the requisite attendance data for the
19 school year immediately preceding the school year for which
20 general State aid is being calculated.
21 (D) Available Local Resources.
22 (1) For purposes of calculating general State aid
23 pursuant to subsection (E), a representation of Available
24 Local Resources per pupil, as that term is defined and
25 determined in this subsection, shall be utilized. Available
26 Local Resources per pupil shall include a calculated dollar
27 amount representing local school district revenues from local
28 property taxes and from Corporate Personal Property
29 Replacement Taxes, expressed on the basis of pupils in
30 Average Daily Attendance.
31 (2) In determining a school district's revenue from
32 local property taxes, the State Board of Education shall
33 utilize the equalized assessed valuation of all taxable
-407- LRB9203186EGfg
1 property of each school district as of September 30 of the
2 previous year. The equalized assessed valuation utilized
3 shall be obtained and determined as provided in subsection
4 (G).
5 (3) For school districts maintaining grades kindergarten
6 through 12, local property tax revenues per pupil shall be
7 calculated as the product of the applicable equalized
8 assessed valuation for the district multiplied by 3.00%, and
9 divided by the district's Average Daily Attendance figure.
10 For school districts maintaining grades kindergarten through
11 8, local property tax revenues per pupil shall be calculated
12 as the product of the applicable equalized assessed valuation
13 for the district multiplied by 2.30%, and divided by the
14 district's Average Daily Attendance figure. For school
15 districts maintaining grades 9 through 12, local property tax
16 revenues per pupil shall be the applicable equalized assessed
17 valuation of the district multiplied by 1.05%, and divided by
18 the district's Average Daily Attendance figure.
19 (4) The Corporate Personal Property Replacement Taxes
20 paid to each school district during the calendar year 2 years
21 before the calendar year in which a school year begins,
22 divided by the Average Daily Attendance figure for that
23 district, shall be added to the local property tax revenues
24 per pupil as derived by the application of the immediately
25 preceding paragraph (3). The sum of these per pupil figures
26 for each school district shall constitute Available Local
27 Resources as that term is utilized in subsection (E) in the
28 calculation of general State aid.
29 (E) Computation of General State Aid.
30 (1) For each school year, the amount of general State
31 aid allotted to a school district shall be computed by the
32 State Board of Education as provided in this subsection.
33 (2) For any school district for which Available Local
34 Resources per pupil is less than the product of 0.93 times
-408- LRB9203186EGfg
1 the Foundation Level, general State aid for that district
2 shall be calculated as an amount equal to the Foundation
3 Level minus Available Local Resources, multiplied by the
4 Average Daily Attendance of the school district.
5 (3) For any school district for which Available Local
6 Resources per pupil is equal to or greater than the product
7 of 0.93 times the Foundation Level and less than the product
8 of 1.75 times the Foundation Level, the general State aid per
9 pupil shall be a decimal proportion of the Foundation Level
10 derived using a linear algorithm. Under this linear
11 algorithm, the calculated general State aid per pupil shall
12 decline in direct linear fashion from 0.07 times the
13 Foundation Level for a school district with Available Local
14 Resources equal to the product of 0.93 times the Foundation
15 Level, to 0.05 times the Foundation Level for a school
16 district with Available Local Resources equal to the product
17 of 1.75 times the Foundation Level. The allocation of
18 general State aid for school districts subject to this
19 paragraph 3 shall be the calculated general State aid per
20 pupil figure multiplied by the Average Daily Attendance of
21 the school district.
22 (4) For any school district for which Available Local
23 Resources per pupil equals or exceeds the product of 1.75
24 times the Foundation Level, the general State aid for the
25 school district shall be calculated as the product of $218
26 multiplied by the Average Daily Attendance of the school
27 district.
28 (5) The amount of general State aid allocated to a
29 school district for the 1999-2000 school year meeting the
30 requirements set forth in paragraph (4) of subsection (G)
31 shall be increased by an amount equal to the general State
32 aid that would have been received by the district for the
33 1998-1999 school year by utilizing the Extension Limitation
34 Equalized Assessed Valuation as calculated in paragraph (4)
-409- LRB9203186EGfg
1 of subsection (G) less the general State aid allotted for the
2 1998-1999 school year. This amount shall be deemed a one
3 time increase, and shall not affect any future general State
4 aid allocations.
5 (F) Compilation of Average Daily Attendance.
6 (1) Each school district shall, by July 1 of each year,
7 submit to the State Board of Education, on forms prescribed
8 by the State Board of Education, attendance figures for the
9 school year that began in the preceding calendar year. The
10 attendance information so transmitted shall identify the
11 average daily attendance figures for each month of the school
12 year, except that any days of attendance in August shall be
13 added to the month of September and any days of attendance in
14 June shall be added to the month of May.
15 Except as otherwise provided in this Section, days of
16 attendance by pupils shall be counted only for sessions of
17 not less than 5 clock hours of school work per day under
18 direct supervision of: (i) teachers, or (ii) non-teaching
19 personnel or volunteer personnel when engaging in
20 non-teaching duties and supervising in those instances
21 specified in subsection (a) of Section 10-22.34 and paragraph
22 10 of Section 34-18, with pupils of legal school age and in
23 kindergarten and grades 1 through 12.
24 Days of attendance by tuition pupils shall be accredited
25 only to the districts that pay the tuition to a recognized
26 school.
27 (2) Days of attendance by pupils of less than 5 clock
28 hours of school shall be subject to the following provisions
29 in the compilation of Average Daily Attendance.
30 (a) Pupils regularly enrolled in a public school
31 for only a part of the school day may be counted on the
32 basis of 1/6 day for every class hour of instruction of
33 40 minutes or more attended pursuant to such enrollment.
34 (b) Days of attendance may be less than 5 clock
-410- LRB9203186EGfg
1 hours on the opening and closing of the school term, and
2 upon the first day of pupil attendance, if preceded by a
3 day or days utilized as an institute or teachers'
4 workshop.
5 (c) A session of 4 or more clock hours may be
6 counted as a day of attendance upon certification by the
7 regional superintendent, and approved by the State
8 Superintendent of Education to the extent that the
9 district has been forced to use daily multiple sessions.
10 (d) A session of 3 or more clock hours may be
11 counted as a day of attendance (1) when the remainder of
12 the school day or at least 2 hours in the evening of that
13 day is utilized for an in-service training program for
14 teachers, up to a maximum of 5 days per school year of
15 which a maximum of 4 days of such 5 days may be used for
16 parent-teacher conferences, provided a district conducts
17 an in-service training program for teachers which has
18 been approved by the State Superintendent of Education;
19 or, in lieu of 4 such days, 2 full days may be used, in
20 which event each such day may be counted as a day of
21 attendance; and (2) when days in addition to those
22 provided in item (1) are scheduled by a school pursuant
23 to its school improvement plan adopted under Article 34
24 or its revised or amended school improvement plan adopted
25 under Article 2, provided that (i) such sessions of 3 or
26 more clock hours are scheduled to occur at regular
27 intervals, (ii) the remainder of the school days in which
28 such sessions occur are utilized for in-service training
29 programs or other staff development activities for
30 teachers, and (iii) a sufficient number of minutes of
31 school work under the direct supervision of teachers are
32 added to the school days between such regularly scheduled
33 sessions to accumulate not less than the number of
34 minutes by which such sessions of 3 or more clock hours
-411- LRB9203186EGfg
1 fall short of 5 clock hours. Any full days used for the
2 purposes of this paragraph shall not be considered for
3 computing average daily attendance. Days scheduled for
4 in-service training programs, staff development
5 activities, or parent-teacher conferences may be
6 scheduled separately for different grade levels and
7 different attendance centers of the district.
8 (e) A session of not less than one clock hour of
9 teaching hospitalized or homebound pupils on-site or by
10 telephone to the classroom may be counted as 1/2 day of
11 attendance, however these pupils must receive 4 or more
12 clock hours of instruction to be counted for a full day
13 of attendance.
14 (f) A session of at least 4 clock hours may be
15 counted as a day of attendance for first grade pupils,
16 and pupils in full day kindergartens, and a session of 2
17 or more hours may be counted as 1/2 day of attendance by
18 pupils in kindergartens which provide only 1/2 day of
19 attendance.
20 (g) For children with disabilities who are below
21 the age of 6 years and who cannot attend 2 or more clock
22 hours because of their disability or immaturity, a
23 session of not less than one clock hour may be counted as
24 1/2 day of attendance; however for such children whose
25 educational needs so require a session of 4 or more clock
26 hours may be counted as a full day of attendance.
27 (h) A recognized kindergarten which provides for
28 only 1/2 day of attendance by each pupil shall not have
29 more than 1/2 day of attendance counted in any one day.
30 However, kindergartens may count 2 1/2 days of attendance
31 in any 5 consecutive school days. When a pupil attends
32 such a kindergarten for 2 half days on any one school
33 day, the pupil shall have the following day as a day
34 absent from school, unless the school district obtains
-412- LRB9203186EGfg
1 permission in writing from the State Superintendent of
2 Education. Attendance at kindergartens which provide for
3 a full day of attendance by each pupil shall be counted
4 the same as attendance by first grade pupils. Only the
5 first year of attendance in one kindergarten shall be
6 counted, except in case of children who entered the
7 kindergarten in their fifth year whose educational
8 development requires a second year of kindergarten as
9 determined under the rules and regulations of the State
10 Board of Education.
11 (G) Equalized Assessed Valuation Data.
12 (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State
14 Board of Education shall secure from the Department of
15 Revenue the value as equalized or assessed by the Department
16 of Revenue of all taxable property of every school district,
17 together with (i) the applicable tax rate used in extending
18 taxes for the funds of the district as of September 30 of the
19 previous year and (ii) the limiting rate for all school
20 districts subject to property tax extension limitations as
21 imposed under the Property Tax Extension Limitation Law.
22 This equalized assessed valuation, as adjusted further by
23 the requirements of this subsection, shall be utilized in the
24 calculation of Available Local Resources.
25 (2) The equalized assessed valuation in paragraph (1)
26 shall be adjusted, as applicable, in the following manner:
27 (a) For the purposes of calculating State aid under
28 this Section, with respect to any part of a school
29 district within a redevelopment project area in respect
30 to which a municipality has adopted tax increment
31 allocation financing pursuant to the Tax Increment
32 Allocation Redevelopment Act, Sections 11-74.4-1 through
33 11-74.4-11 of the Illinois Municipal Code or the
34 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
-413- LRB9203186EGfg
1 11-74.6-50 of the Illinois Municipal Code, no part of the
2 current equalized assessed valuation of real property
3 located in any such project area which is attributable to
4 an increase above the total initial equalized assessed
5 valuation of such property shall be used as part of the
6 equalized assessed valuation of the district, until such
7 time as all redevelopment project costs have been paid,
8 as provided in Section 11-74.4-8 of the Tax Increment
9 Allocation Redevelopment Act or in Section 11-74.6-35 of
10 the Industrial Jobs Recovery Law. For the purpose of the
11 equalized assessed valuation of the district, the total
12 initial equalized assessed valuation or the current
13 equalized assessed valuation, whichever is lower, shall
14 be used until such time as all redevelopment project
15 costs have been paid.
16 (b) The real property equalized assessed valuation
17 for a school district shall be adjusted by subtracting
18 from the real property value as equalized or assessed by
19 the Department of Revenue for the district an amount
20 computed by dividing the amount of any abatement of taxes
21 under Section 18-170 of the Property Tax Code by 3.00%
22 for a district maintaining grades kindergarten through
23 12, by 2.30% for a district maintaining grades
24 kindergarten through 8, or by 1.05% for a district
25 maintaining grades 9 through 12 and adjusted by an amount
26 computed by dividing the amount of any abatement of taxes
27 under subsection (a) of Section 18-165 of the Property
28 Tax Code by the same percentage rates for district type
29 as specified in this subparagraph (b).
30 (3) For the 1999-2000 school year and each school year
31 thereafter, if a school district meets all of the criteria of
32 this subsection (G)(3), the school district's Available Local
33 Resources shall be calculated under subsection (D) using the
34 district's Extension Limitation Equalized Assessed Valuation
-414- LRB9203186EGfg
1 as calculated under this subsection (G)(3).
2 For purposes of this subsection (G)(3) the following
3 terms shall have the following meanings:
4 "Budget Year": The school year for which general
5 State aid is calculated and awarded under subsection (E).
6 "Base Tax Year": The property tax levy year used to
7 calculate the Budget Year allocation of general State
8 aid.
9 "Preceding Tax Year": The property tax levy year
10 immediately preceding the Base Tax Year.
11 "Base Tax Year's Tax Extension": The product of the
12 equalized assessed valuation utilized by the County Clerk
13 in the Base Tax Year multiplied by the limiting rate as
14 calculated by the County Clerk and defined in the
15 Property Tax Extension Limitation Law.
16 "Preceding Tax Year's Tax Extension": The product of
17 the equalized assessed valuation utilized by the County
18 Clerk in the Preceding Tax Year multiplied by the
19 Operating Tax Rate as defined in subsection (A).
20 "Extension Limitation Ratio": A numerical ratio,
21 certified by the County Clerk, in which the numerator is
22 the Base Tax Year's Tax Extension and the denominator is
23 the Preceding Tax Year's Tax Extension.
24 "Operating Tax Rate": The operating tax rate as
25 defined in subsection (A).
26 If a school district is subject to property tax extension
27 limitations as imposed under the Property Tax Extension
28 Limitation Law, and if the Available Local Resources of that
29 school district as calculated pursuant to subsection (D)
30 using the Base Tax Year are less than the product of 1.75
31 times the Foundation Level for the Budget Year, the State
32 Board of Education shall calculate the Extension Limitation
33 Equalized Assessed Valuation of that district. For the
34 1999-2000 school year, the Extension Limitation Equalized
-415- LRB9203186EGfg
1 Assessed Valuation of a school district as calculated by the
2 State Board of Education shall be equal to the product of the
3 district's 1996 Equalized Assessed Valuation and the
4 district's Extension Limitation Ratio. For the 2000-2001
5 school year and each school year thereafter, the Extension
6 Limitation Equalized Assessed Valuation of a school district
7 as calculated by the State Board of Education shall be equal
8 to the product of the last calculated Extension Limitation
9 Equalized Assessed Valuation and the district's Extension
10 Limitation Ratio. If the Extension Limitation Equalized
11 Assessed Valuation of a school district as calculated under
12 this subsection (G)(3) is less than the district's equalized
13 assessed valuation as calculated pursuant to subsections
14 (G)(1) and (G)(2), then for purposes of calculating the
15 district's general State aid for the Budget Year pursuant to
16 subsection (E), that Extension Limitation Equalized Assessed
17 Valuation shall be utilized to calculate the district's
18 Available Local Resources under subsection (D).
19 (4) For the purposes of calculating general State aid
20 for the 1999-2000 school year only, if a school district
21 experienced a triennial reassessment on the equalized
22 assessed valuation used in calculating its general State
23 financial aid apportionment for the 1998-1999 school year,
24 the State Board of Education shall calculate the Extension
25 Limitation Equalized Assessed Valuation that would have been
26 used to calculate the district's 1998-1999 general State aid.
27 This amount shall equal the product of the equalized assessed
28 valuation used to calculate general State aid for the
29 1997-1998 school year and the district's Extension Limitation
30 Ratio. If the Extension Limitation Equalized Assessed
31 Valuation of the school district as calculated under this
32 paragraph (4) is less than the district's equalized assessed
33 valuation utilized in calculating the district's 1998-1999
34 general State aid allocation, then for purposes of
-416- LRB9203186EGfg
1 calculating the district's general State aid pursuant to
2 paragraph (5) of subsection (E), that Extension Limitation
3 Equalized Assessed Valuation shall be utilized to calculate
4 the district's Available Local Resources.
5 (5) For school districts having a majority of their
6 equalized assessed valuation in any county except Cook,
7 DuPage, Kane, Lake, McHenry, or Will, if the amount of
8 general State aid allocated to the school district for the
9 1999-2000 school year under the provisions of subsection (E),
10 (H), and (J) of this Section is less than the amount of
11 general State aid allocated to the district for the 1998-1999
12 school year under these subsections, then the general State
13 aid of the district for the 1999-2000 school year only shall
14 be increased by the difference between these amounts. The
15 total payments made under this paragraph (5) shall not exceed
16 $14,000,000. Claims shall be prorated if they exceed
17 $14,000,000.
18 (H) Supplemental General State Aid.
19 (1) In addition to the general State aid a school
20 district is allotted pursuant to subsection (E), qualifying
21 school districts shall receive a grant, paid in conjunction
22 with a district's payments of general State aid, for
23 supplemental general State aid based upon the concentration
24 level of children from low-income households within the
25 school district. Supplemental State aid grants provided for
26 school districts under this subsection shall be appropriated
27 for distribution to school districts as part of the same line
28 item in which the general State financial aid of school
29 districts is appropriated under this Section. For purposes of
30 this subsection, the term "Low-Income Concentration Level"
31 shall be the low-income eligible pupil count from the most
32 recently available federal census divided by the Average
33 Daily Attendance of the school district. If, however, the
34 percentage decrease from the 2 most recent federal censuses
-417- LRB9203186EGfg
1 in the low-income eligible pupil count of a high school
2 district with fewer than 400 students exceeds by 75% or more
3 the percentage change in the total low-income eligible pupil
4 count of contiguous elementary school districts, whose
5 boundaries are coterminous with the high school district, the
6 high school district's low-income eligible pupil count from
7 the earlier federal census shall be the number used as the
8 low-income eligible pupil count for the high school district,
9 for purposes of this subsection (H).
10 (2) Supplemental general State aid pursuant to this
11 subsection shall be provided as follows:
12 (a) For any school district with a Low Income
13 Concentration Level of at least 20% and less than 35%,
14 the grant for any school year shall be $800 multiplied by
15 the low income eligible pupil count.
16 (b) For any school district with a Low Income
17 Concentration Level of at least 35% and less than 50%,
18 the grant for the 1998-1999 school year shall be $1,100
19 multiplied by the low income eligible pupil count.
20 (c) For any school district with a Low Income
21 Concentration Level of at least 50% and less than 60%,
22 the grant for the 1998-99 school year shall be $1,500
23 multiplied by the low income eligible pupil count.
24 (d) For any school district with a Low Income
25 Concentration Level of 60% or more, the grant for the
26 1998-99 school year shall be $1,900 multiplied by the low
27 income eligible pupil count.
28 (e) For the 1999-2000 school year, the per pupil
29 amount specified in subparagraphs (b), (c), and (d)
30 immediately above shall be increased to $1,243, $1,600,
31 and $2,000, respectively.
32 (f) For the 2000-2001 school year, the per pupil
33 amounts specified in subparagraphs (b), (c), and (d)
34 immediately above shall be $1,273, $1,640, and $2,050,
-418- LRB9203186EGfg
1 respectively.
2 (3) School districts with an Average Daily Attendance of
3 more than 1,000 and less than 50,000 that qualify for
4 supplemental general State aid pursuant to this subsection
5 shall submit a plan to the State Board of Education prior to
6 October 30 of each year for the use of the funds resulting
7 from this grant of supplemental general State aid for the
8 improvement of instruction in which priority is given to
9 meeting the education needs of disadvantaged children. Such
10 plan shall be submitted in accordance with rules and
11 regulations promulgated by the State Board of Education.
12 (4) School districts with an Average Daily Attendance of
13 50,000 or more that qualify for supplemental general State
14 aid pursuant to this subsection shall be required to
15 distribute from funds available pursuant to this Section, no
16 less than $261,000,000 in accordance with the following
17 requirements:
18 (a) The required amounts shall be distributed to
19 the attendance centers within the district in proportion
20 to the number of pupils enrolled at each attendance
21 center who are eligible to receive free or reduced-price
22 lunches or breakfasts under the federal Child Nutrition
23 Act of 1966 and under the National School Lunch Act
24 during the immediately preceding school year.
25 (b) The distribution of these portions of
26 supplemental and general State aid among attendance
27 centers according to these requirements shall not be
28 compensated for or contravened by adjustments of the
29 total of other funds appropriated to any attendance
30 centers, and the Board of Education shall utilize funding
31 from one or several sources in order to fully implement
32 this provision annually prior to the opening of school.
33 (c) Each attendance center shall be provided by the
34 school district a distribution of noncategorical funds
-419- LRB9203186EGfg
1 and other categorical funds to which an attendance center
2 is entitled under law in order that the general State aid
3 and supplemental general State aid provided by
4 application of this subsection supplements rather than
5 supplants the noncategorical funds and other categorical
6 funds provided by the school district to the attendance
7 centers.
8 (d) Any funds made available under this subsection
9 that by reason of the provisions of this subsection are
10 not required to be allocated and provided to attendance
11 centers may be used and appropriated by the board of the
12 district for any lawful school purpose.
13 (e) Funds received by an attendance center pursuant
14 to this subsection shall be used by the attendance center
15 at the discretion of the principal and local school
16 council for programs to improve educational opportunities
17 at qualifying schools through the following programs and
18 services: early childhood education, reduced class size
19 or improved adult to student classroom ratio, enrichment
20 programs, remedial assistance, attendance improvement,
21 and other educationally beneficial expenditures which
22 supplement the regular and basic programs as determined
23 by the State Board of Education. Funds provided shall
24 not be expended for any political or lobbying purposes as
25 defined by board rule.
26 (f) Each district subject to the provisions of this
27 subdivision (H)(4) shall submit an acceptable plan to
28 meet the educational needs of disadvantaged children, in
29 compliance with the requirements of this paragraph, to
30 the State Board of Education prior to July 15 of each
31 year. This plan shall be consistent with the decisions of
32 local school councils concerning the school expenditure
33 plans developed in accordance with part 4 of Section
34 34-2.3. The State Board shall approve or reject the plan
-420- LRB9203186EGfg
1 within 60 days after its submission. If the plan is
2 rejected, the district shall give written notice of
3 intent to modify the plan within 15 days of the
4 notification of rejection and then submit a modified plan
5 within 30 days after the date of the written notice of
6 intent to modify. Districts may amend approved plans
7 pursuant to rules promulgated by the State Board of
8 Education.
9 Upon notification by the State Board of Education
10 that the district has not submitted a plan prior to July
11 15 or a modified plan within the time period specified
12 herein, the State aid funds affected by that plan or
13 modified plan shall be withheld by the State Board of
14 Education until a plan or modified plan is submitted.
15 If the district fails to distribute State aid to
16 attendance centers in accordance with an approved plan,
17 the plan for the following year shall allocate funds, in
18 addition to the funds otherwise required by this
19 subsection, to those attendance centers which were
20 underfunded during the previous year in amounts equal to
21 such underfunding.
22 For purposes of determining compliance with this
23 subsection in relation to the requirements of attendance
24 center funding, each district subject to the provisions
25 of this subsection shall submit as a separate document by
26 December 1 of each year a report of expenditure data for
27 the prior year in addition to any modification of its
28 current plan. If it is determined that there has been a
29 failure to comply with the expenditure provisions of this
30 subsection regarding contravention or supplanting, the
31 State Superintendent of Education shall, within 60 days
32 of receipt of the report, notify the district and any
33 affected local school council. The district shall within
34 45 days of receipt of that notification inform the State
-421- LRB9203186EGfg
1 Superintendent of Education of the remedial or corrective
2 action to be taken, whether by amendment of the current
3 plan, if feasible, or by adjustment in the plan for the
4 following year. Failure to provide the expenditure
5 report or the notification of remedial or corrective
6 action in a timely manner shall result in a withholding
7 of the affected funds.
8 The State Board of Education shall promulgate rules
9 and regulations to implement the provisions of this
10 subsection. No funds shall be released under this
11 subdivision (H)(4) to any district that has not submitted
12 a plan that has been approved by the State Board of
13 Education.
14 (I) General State Aid for Newly Configured School Districts.
15 (1) For a new school district formed by combining
16 property included totally within 2 or more previously
17 existing school districts, for its first year of existence
18 the general State aid and supplemental general State aid
19 calculated under this Section shall be computed for the new
20 district and for the previously existing districts for which
21 property is totally included within the new district. If the
22 computation on the basis of the previously existing districts
23 is greater, a supplementary payment equal to the difference
24 shall be made for the first 4 years of existence of the new
25 district.
26 (2) For a school district which annexes all of the
27 territory of one or more entire other school districts, for
28 the first year during which the change of boundaries
29 attributable to such annexation becomes effective for all
30 purposes as determined under Section 7-9 or 7A-8, the general
31 State aid and supplemental general State aid calculated under
32 this Section shall be computed for the annexing district as
33 constituted after the annexation and for the annexing and
34 each annexed district as constituted prior to the annexation;
-422- LRB9203186EGfg
1 and if the computation on the basis of the annexing and
2 annexed districts as constituted prior to the annexation is
3 greater, a supplementary payment equal to the difference
4 shall be made for the first 4 years of existence of the
5 annexing school district as constituted upon such annexation.
6 (3) For 2 or more school districts which annex all of
7 the territory of one or more entire other school districts,
8 and for 2 or more community unit districts which result upon
9 the division (pursuant to petition under Section 11A-2) of
10 one or more other unit school districts into 2 or more parts
11 and which together include all of the parts into which such
12 other unit school district or districts are so divided, for
13 the first year during which the change of boundaries
14 attributable to such annexation or division becomes effective
15 for all purposes as determined under Section 7-9 or 11A-10,
16 as the case may be, the general State aid and supplemental
17 general State aid calculated under this Section shall be
18 computed for each annexing or resulting district as
19 constituted after the annexation or division and for each
20 annexing and annexed district, or for each resulting and
21 divided district, as constituted prior to the annexation or
22 division; and if the aggregate of the general State aid and
23 supplemental general State aid as so computed for the
24 annexing or resulting districts as constituted after the
25 annexation or division is less than the aggregate of the
26 general State aid and supplemental general State aid as so
27 computed for the annexing and annexed districts, or for the
28 resulting and divided districts, as constituted prior to the
29 annexation or division, then a supplementary payment equal to
30 the difference shall be made and allocated between or among
31 the annexing or resulting districts, as constituted upon such
32 annexation or division, for the first 4 years of their
33 existence. The total difference payment shall be allocated
34 between or among the annexing or resulting districts in the
-423- LRB9203186EGfg
1 same ratio as the pupil enrollment from that portion of the
2 annexed or divided district or districts which is annexed to
3 or included in each such annexing or resulting district bears
4 to the total pupil enrollment from the entire annexed or
5 divided district or districts, as such pupil enrollment is
6 determined for the school year last ending prior to the date
7 when the change of boundaries attributable to the annexation
8 or division becomes effective for all purposes. The amount
9 of the total difference payment and the amount thereof to be
10 allocated to the annexing or resulting districts shall be
11 computed by the State Board of Education on the basis of
12 pupil enrollment and other data which shall be certified to
13 the State Board of Education, on forms which it shall provide
14 for that purpose, by the regional superintendent of schools
15 for each educational service region in which the annexing and
16 annexed districts, or resulting and divided districts are
17 located.
18 (3.5) Claims for financial assistance under this
19 subsection (I) shall not be recomputed except as expressly
20 provided under this Section.
21 (4) Any supplementary payment made under this subsection
22 (I) shall be treated as separate from all other payments made
23 pursuant to this Section.
24 (J) Supplementary Grants in Aid.
25 (1) Notwithstanding any other provisions of this
26 Section, the amount of the aggregate general State aid in
27 combination with supplemental general State aid under this
28 Section for which each school district is eligible shall be
29 no less than the amount of the aggregate general State aid
30 entitlement that was received by the district under Section
31 18-8 (exclusive of amounts received under subsections 5(p)
32 and 5(p-5) of that Section) for the 1997-98 school year,
33 pursuant to the provisions of that Section as it was then in
34 effect. If a school district qualifies to receive a
-424- LRB9203186EGfg
1 supplementary payment made under this subsection (J), the
2 amount of the aggregate general State aid in combination with
3 supplemental general State aid under this Section which that
4 district is eligible to receive for each school year shall be
5 no less than the amount of the aggregate general State aid
6 entitlement that was received by the district under Section
7 18-8 (exclusive of amounts received under subsections 5(p)
8 and 5(p-5) of that Section) for the 1997-1998 school year,
9 pursuant to the provisions of that Section as it was then in
10 effect.
11 (2) If, as provided in paragraph (1) of this subsection
12 (J), a school district is to receive aggregate general State
13 aid in combination with supplemental general State aid under
14 this Section for the 1998-99 school year and any subsequent
15 school year that in any such school year is less than the
16 amount of the aggregate general State aid entitlement that
17 the district received for the 1997-98 school year, the school
18 district shall also receive, from a separate appropriation
19 made for purposes of this subsection (J), a supplementary
20 payment that is equal to the amount of the difference in the
21 aggregate State aid figures as described in paragraph (1).
22 (3) (Blank).
23 (K) Grants to Laboratory and Alternative Schools.
24 In calculating the amount to be paid to the governing
25 board of a public university that operates a laboratory
26 school under this Section or to any alternative school that
27 is operated by a regional superintendent of schools, the
28 State Board of Education shall require by rule such reporting
29 requirements as it deems necessary.
30 As used in this Section, "laboratory school" means a
31 public school which is created and operated by a public
32 university and approved by the State Board of Education. The
33 governing board of a public university which receives funds
34 from the State Board under this subsection (K) may not
-425- LRB9203186EGfg
1 increase the number of students enrolled in its laboratory
2 school from a single district, if that district is already
3 sending 50 or more students, except under a mutual agreement
4 between the school board of a student's district of residence
5 and the university which operates the laboratory school. A
6 laboratory school may not have more than 1,000 students,
7 excluding students with disabilities in a special education
8 program.
9 As used in this Section, "alternative school" means a
10 public school which is created and operated by a Regional
11 Superintendent of Schools and approved by the State Board of
12 Education. Such alternative schools may offer courses of
13 instruction for which credit is given in regular school
14 programs, courses to prepare students for the high school
15 equivalency testing program or vocational and occupational
16 training. A regional superintendent of schools may contract
17 with a school district or a public community college district
18 to operate an alternative school. An alternative school
19 serving more than one educational service region may be
20 established by the regional superintendents of schools of the
21 affected educational service regions. An alternative school
22 serving more than one educational service region may be
23 operated under such terms as the regional superintendents of
24 schools of those educational service regions may agree.
25 Each laboratory and alternative school shall file, on
26 forms provided by the State Superintendent of Education, an
27 annual State aid claim which states the Average Daily
28 Attendance of the school's students by month. The best 3
29 months' Average Daily Attendance shall be computed for each
30 school. The general State aid entitlement shall be computed
31 by multiplying the applicable Average Daily Attendance by the
32 Foundation Level as determined under this Section.
33 (L) Payments, Additional Grants in Aid and Other
34 Requirements.
-426- LRB9203186EGfg
1 (1) For a school district operating under the financial
2 supervision of an Authority created under Article 34A, the
3 general State aid otherwise payable to that district under
4 this Section, but not the supplemental general State aid,
5 shall be reduced by an amount equal to the budget for the
6 operations of the Authority as certified by the Authority to
7 the State Board of Education, and an amount equal to such
8 reduction shall be paid to the Authority created for such
9 district for its operating expenses in the manner provided in
10 Section 18-11. The remainder of general State school aid for
11 any such district shall be paid in accordance with Article
12 34A when that Article provides for a disposition other than
13 that provided by this Article.
14 (2) (Blank).
15 (3) Summer school. Summer school payments shall be made
16 as provided in Section 18-4.3.
17 (M) Education Funding Advisory Board.
18 The Education Funding Advisory Board, hereinafter in this
19 subsection (M) referred to as the "Board", is hereby created.
20 The Board shall consist of 5 members who are appointed by the
21 Governor, by and with the advice and consent of the Senate.
22 The members appointed shall include representatives of
23 education, business, and the general public. One of the
24 members so appointed shall be designated by the Governor at
25 the time the appointment is made as the chairperson of the
26 Board. The initial members of the Board may be appointed any
27 time after the effective date of this amendatory Act of 1997.
28 The regular term of each member of the Board shall be for 4
29 years from the third Monday of January of the year in which
30 the term of the member's appointment is to commence, except
31 that of the 5 initial members appointed to serve on the
32 Board, the member who is appointed as the chairperson shall
33 serve for a term that commences on the date of his or her
34 appointment and expires on the third Monday of January, 2002,
-427- LRB9203186EGfg
1 and the remaining 4 members, by lots drawn at the first
2 meeting of the Board that is held after all 5 members are
3 appointed, shall determine 2 of their number to serve for
4 terms that commence on the date of their respective
5 appointments and expire on the third Monday of January, 2001,
6 and 2 of their number to serve for terms that commence on the
7 date of their respective appointments and expire on the third
8 Monday of January, 2000. All members appointed to serve on
9 the Board shall serve until their respective successors are
10 appointed and confirmed. Vacancies shall be filled in the
11 same manner as original appointments. If a vacancy in
12 membership occurs at a time when the Senate is not in
13 session, the Governor shall make a temporary appointment
14 until the next meeting of the Senate, when he or she shall
15 appoint, by and with the advice and consent of the Senate, a
16 person to fill that membership for the unexpired term. If
17 the Senate is not in session when the initial appointments
18 are made, those appointments shall be made as in the case of
19 vacancies.
20 The Education Funding Advisory Board shall be deemed
21 established, and the initial members appointed by the
22 Governor to serve as members of the Board shall take office,
23 on the date that the Governor makes his or her appointment of
24 the fifth initial member of the Board, whether those initial
25 members are then serving pursuant to appointment and
26 confirmation or pursuant to temporary appointments that are
27 made by the Governor as in the case of vacancies.
28 The State Board of Education shall provide such staff
29 assistance to the Education Funding Advisory Board as is
30 reasonably required for the proper performance by the Board
31 of its responsibilities.
32 For school years after the 2000-2001 school year, the
33 Education Funding Advisory Board, in consultation with the
34 State Board of Education, shall make recommendations as
-428- LRB9203186EGfg
1 provided in this subsection (M) to the General Assembly for
2 the foundation level under subdivision (B)(3) of this Section
3 and for the supplemental general State aid grant level under
4 subsection (H) of this Section for districts with high
5 concentrations of children from poverty. The recommended
6 foundation level shall be determined based on a methodology
7 which incorporates the basic education expenditures of
8 low-spending schools exhibiting high academic performance.
9 The Education Funding Advisory Board shall make such
10 recommendations to the General Assembly on January 1 of odd
11 numbered years, beginning January 1, 2001.
12 (N) (Blank).
13 (O) References.
14 (1) References in other laws to the various subdivisions
15 of Section 18-8 as that Section existed before its repeal and
16 replacement by this Section 18-8.05 shall be deemed to refer
17 to the corresponding provisions of this Section 18-8.05, to
18 the extent that those references remain applicable.
19 (2) References in other laws to State Chapter 1 funds
20 shall be deemed to refer to the supplemental general State
21 aid provided under subsection (H) of this Section.
22 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
23 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
24 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
25 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
26 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
27 revised 8-27-99.)
28 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
29 Sec. 21-2. Grades of certificates.
30 (a) Until February 15, 2000, all certificates issued
31 under this Article shall be State certificates valid, except
32 as limited in Section 21-1, in every school district coming
-429- LRB9203186EGfg
1 under the provisions of this Act and shall be limited in time
2 and designated as follows: Provisional vocational
3 certificate, temporary provisional vocational certificate,
4 early childhood certificate, elementary school certificate,
5 special certificate, high school certificate, school service
6 personnel certificate, administrative certificate,
7 provisional certificate, and substitute certificate. The
8 requirement of student teaching under close and competent
9 supervision for obtaining a teaching certificate may be
10 waived by the State Teacher Certification Board upon
11 presentation to the Board by the teacher of evidence of 5
12 years successful teaching experience on a valid certificate
13 and graduation from a recognized institution of higher
14 learning with a bachelor's degree with not less than 120
15 semester hours and a minimum of 16 semester hours in
16 professional education.
17 (b) Initial Teaching Certificate. Beginning February
18 15, 2000, persons who (1) have completed an approved teacher
19 preparation program, (2) are recommended by an approved
20 teacher preparation program, (3) have successfully completed
21 the Initial Teaching Certification examinations required by
22 the State Board of Education, and (4) have met all other
23 criteria established by the State Board of Education in
24 consultation with the State Teacher Certification Board,
25 shall be issued an Initial Teaching Certificate valid for 4
26 years of teaching, as defined in Section 21-14 of this Code.
27 Initial Teaching Certificates shall be issued for categories
28 corresponding to Early Childhood, Elementary, Secondary, and
29 Special K-12, with special certification designations for
30 Special Education, Bilingual Education, fundamental learning
31 areas (including Language Arts, Reading, Mathematics,
32 Science, Social Science, Physical Development and Health,
33 Fine Arts, and Foreign Language), and other areas designated
34 by the State Board of Education, in consultation with the
-430- LRB9203186EGfg
1 State Teacher Certification Board.
2 (c) Standard Certificate. Beginning February 15, 2000,
3 persons who (1) have completed 4 years of teaching, as
4 defined in Section 21-14 of this Code, with an Initial
5 Certificate or an Initial Alternative Teaching Certificate
6 and have met all other criteria established by the State
7 Board of Education in consultation with the State Teacher
8 Certification Board, (2) have completed 4 years of teaching
9 on a valid equivalent certificate in another State or
10 territory of the United States, or have completed 4 years of
11 teaching in a nonpublic Illinois elementary or secondary
12 school with an Initial Certificate or an Initial Alternative
13 Teaching Certificate, and have met all other criteria
14 established by the State Board of Education, in consultation
15 with the State Teacher Certification Board, or (3) were
16 issued teaching certificates prior to February 15, 2000 and
17 are renewing those certificates after February 15, 2000,
18 shall be issued a Standard Certificate valid for 5 years,
19 which may be renewed thereafter every 5 years by the State
20 Teacher Certification Board based on proof of continuing
21 education or professional development. Beginning July 1,
22 2003, persons who have completed 4 years of teaching, as
23 described in clauses (1) and (2) of this subsection (c), have
24 successfully completed the Standard Teaching Certificate
25 Examinations, and have met all other criteria established by
26 the State Board of Education, in consultation with the State
27 Teacher Certification Board, shall be issued Standard
28 Certificates. Standard Certificates shall be issued for
29 categories corresponding to Early Childhood, Elementary,
30 Secondary, and Special K-12, with special certification
31 designations for Special Education, Bilingual Education,
32 fundamental learning areas (including Language Arts, Reading,
33 Mathematics, Science, Social Science, Physical Development
34 and Health, Fine Arts, and Foreign Language), and other areas
-431- LRB9203186EGfg
1 designated by the State Board of Education, in consultation
2 with the State Teacher Certification Board.
3 (d) Master Certificate. Beginning February 15, 2000,
4 persons who have successfully achieved National Board
5 certification through the National Board for Professional
6 Teaching Standards shall be issued a Master Certificate,
7 valid for 10 years and renewable thereafter every 10 years
8 through compliance with requirements set forth by the State
9 Board of Education, in consultation with the State Teacher
10 Certification Board. However, each teacher who holds a Master
11 Certificate shall be eligible for a teaching position in this
12 State in the areas for which he or she holds a Master
13 Certificate without satisfying any other requirements of this
14 Code, except for those requirements pertaining to criminal
15 background checks. A teacher who holds a Master Certificate
16 shall be deemed to meet State certification renewal
17 requirements in the area or areas for which he or she holds a
18 Master Certificate for the 10-year term of the teacher's
19 Master Certificate.
20 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
21 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff.
22 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)
23 (105 ILCS 5/27A-4)
24 Sec. 27A-4. General Provisions.
25 (a) The General Assembly does not intend to alter or
26 amend the provisions of any court-ordered desegregation plan
27 in effect for any school district. A charter school shall be
28 subject to all federal and State laws and constitutional
29 provisions prohibiting discrimination on the basis of
30 disability, race, creed, color, gender, national origin,
31 religion, ancestry, marital status, or need for special
32 education services.
33 (b) The total number of charter schools operating under
-432- LRB9203186EGfg
1 this Article at any one time shall not exceed 45. Not more
2 than 15 charter schools shall operate at any one time in any
3 city having a population exceeding 500,000; not more than 15
4 charter schools shall operate at any one time in the counties
5 of DuPage, Kane, Lake, McHenry, Will, and that portion of
6 Cook County that is located outside a city having a
7 population exceeding 500,000, with not more than one charter
8 school that has been initiated by a board of education, or by
9 an intergovernmental agreement between or among boards of
10 education, operating at any one time in the school district
11 where the charter school is located; and not more than 15
12 charter schools shall operate at any one time in the
13 remainder of the State, with not more than one charter school
14 that has been initiated by a board of education, or by an
15 intergovernmental agreement between or among boards of
16 education, operating at any one time in the school district
17 where the charter school is located.
18 For purposes of implementing this Section, the State
19 Board shall assign a number to each charter submission it
20 receives under Section 27A-6 for its review and
21 certification, based on the chronological order in which the
22 submission is received by it. The State Board shall promptly
23 notify local school boards when the maximum numbers of
24 certified charter schools authorized to operate have been
25 reached.
26 (c) No charter shall be granted under this Article that
27 would convert any existing private, parochial, or non-public
28 school to a charter school.
29 (d) Enrollment in a charter school shall be open to any
30 pupil who resides within the geographic boundaries of the
31 area served by the local school board.
32 (e) Nothing in this Article shall prevent 2 or more
33 local school boards from jointly issuing a charter to a
34 single shared charter school, provided that all of the
-433- LRB9203186EGfg
1 provisions of this Article are met as to those local school
2 boards.
3 (f) No local school board shall require any employee of
4 the school district to be employed in a charter school.
5 (g) No local school board shall require any pupil
6 residing within the geographic boundary of its district to
7 enroll in a charter school.
8 (h) If there are more eligible applicants for enrollment
9 in a charter school than there are spaces available,
10 successful applicants shall be selected by lottery. However,
11 priority shall be given to siblings of pupils enrolled in the
12 charter school and to pupils who were enrolled in the charter
13 school the previous school year, unless expelled for cause.
14 Dual enrollment at both a charter school and a public school
15 or non-public school shall not be allowed. A pupil who is
16 suspended or expelled from a charter school shall be deemed
17 to be suspended or expelled from the public schools of the
18 school district in which the pupil resides.
19 (i) (Blank).
20 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99;
21 91-407, eff. 8-3-99; revised 8-27-99.)
22 (105 ILCS 5/27A-9)
23 Sec. 27A-9. Term of charter; renewal.
24 (a) A charter may be granted for a period not less than
25 5 and not more than 10 school years. A charter may be
26 renewed in incremental periods not to exceed 5 school years.
27 (b) A charter school renewal proposal submitted to the
28 local school board or State Board, as the chartering entity,
29 shall contain:
30 (1) A report on the progress of the charter school
31 in achieving the goals, objectives, pupil performance
32 standards, content standards, and other terms of the
33 initial approved charter proposal; and
-434- LRB9203186EGfg
1 (2) A financial statement that discloses the costs
2 of administration, instruction, and other spending
3 categories for the charter school that is understandable
4 to the general public and that will allow comparison of
5 those costs to other schools or other comparable
6 organizations, in a format required by the State Board.
7 (c) A charter may be revoked or not renewed if the local
8 school board or State Board, as the chartering entity,
9 clearly demonstrates that the charter school did any of the
10 following, or otherwise failed to comply with the
11 requirements of this law:
12 (1) Committed a material violation of any of the
13 conditions, standards, or procedures set forth in the
14 charter.
15 (2) Failed to meet or make reasonable progress
16 toward achievement of the content standards or pupil
17 performance standards identified in the charter.
18 (3) Failed to meet generally accepted standards of
19 fiscal management.
20 (4) Violated any provision of law from which the
21 charter school was not exempted.
22 (d) (Blank).
23 (e) Notice of a local school board's decision to deny,
24 revoke or not to renew a charter shall be provided to the
25 State Board. The State Board may reverse a local board's
26 decision if the State Board finds that the charter school or
27 charter school proposal (i) is in compliance with this
28 Article, and (ii) is in the best interests of the students it
29 is designed to serve. The State Board may condition the
30 granting of an appeal on the acceptance by the charter school
31 of funding in an amount less than that requested in the
32 proposal submitted to the local school board. Final decisions
33 of the State Board shall be subject to judicial review under
34 the Administrative Review Law.
-435- LRB9203186EGfg
1 (f) Notwithstanding other provisions of this Article, if
2 the State Board on appeal reverses a local board's decision
3 or if a charter school is approved by referendum, the State
4 Board shall act as the authorized chartering entity for the
5 charter school. The State Board shall approve and certify
6 the charter and shall perform all functions under this
7 Article otherwise performed by the local school board. The
8 State Board shall report the aggregate number of charter
9 school pupils resident in a school district to that district
10 and shall notify the district of the amount of funding to be
11 paid by the State Board to the charter school enrolling such
12 students. The State Board shall require the charter school to
13 maintain accurate records of daily attendance that shall be
14 deemed sufficient to file claims under Section 18-8.05
15 notwithstanding any other requirements of that Section
16 regarding hours of instruction and teacher certification. The
17 State Board shall withhold from funds otherwise due the
18 district the funds authorized by this Article to be paid to
19 the charter school and shall pay such amounts to the charter
20 school.
21 (Source: P.A. 90-548, eff. 1-1-98; 91-96, eff. 7-9-99;
22 91-407, eff. 8-3-99; revised 10-7-99.)
23 (105 ILCS 5/27A-11.5)
24 Sec. 27A-11.5. State financing. The State Board of
25 Education shall make the following funds available to school
26 districts and charter schools:
27 (1) From a separate appropriation made to the State
28 Board for purposes of this subdivision (1), the State
29 Board shall make transition impact aid available to
30 school districts that approve a new charter school or
31 that have funds withheld by the State Board to fund a new
32 charter school that is chartered by the State Board. The
33 amount of the aid shall equal 90% of the per capita
-436- LRB9203186EGfg
1 funding paid to the charter school during the first year
2 of its initial charter term, 65% of the per capita
3 funding paid to the charter school during the second year
4 of its initial term, and 35% of the per capita funding
5 paid to the charter school during the third year of its
6 initial term. This transition impact aid shall be paid
7 to the local school board in equal quarterly
8 installments, with the payment of the installment for the
9 first quarter being made by August 1st immediately
10 preceding the first, second, and third years of the
11 initial term. The district shall file an application for
12 this aid with the State Board in a format designated by
13 the State Board. If the appropriation is insufficient in
14 any year to pay all approved claims, the impact aid shall
15 be prorated. Transition impact aid shall be paid
16 beginning in the 1999-2000 school year for charter
17 schools that are in the first, second, or third year of
18 their initial term. If House Bill 230 of the 91st
19 General Assembly becomes law, Transition impact aid shall
20 not be paid for any charter school that is proposed and
21 created by one or more boards of education, as authorized
22 under the provisions of Public Act 91-405 House Bill 230
23 of the 91st General Assembly.
24 (2) From a separate appropriation made for the
25 purpose of this subdivision (2), the State Board shall
26 make grants to charter schools to pay their start-up
27 costs of acquiring educational materials and supplies,
28 textbooks, furniture, and other equipment needed during
29 their initial term. The State Board shall annually
30 establish the time and manner of application for these
31 grants, which shall not exceed $250 per student enrolled
32 in the charter school.
33 (3) The Charter Schools Revolving Loan Fund is
34 created as a special fund in the State treasury. Federal
-437- LRB9203186EGfg
1 funds, such other funds as may be made available for
2 costs associated with the establishment of charter
3 schools in Illinois, and amounts repaid by charter
4 schools that have received a loan from the Charter
5 Schools Revolving Loan Fund shall be deposited into the
6 Charter Schools Revolving Loan Fund, and the moneys in
7 the Charter Schools Revolving Loan Fund shall be
8 appropriated to the State Board and used to provide
9 interest-free loans to charter schools. These funds
10 shall be used to pay start-up costs of acquiring
11 educational materials and supplies, textbooks, furniture,
12 and other equipment needed in the initial term of the
13 charter school and for acquiring and remodeling a
14 suitable physical plant, within the initial term of the
15 charter school. Loans shall be limited to one loan per
16 charter school and shall not exceed $250 per student
17 enrolled in the charter school. A loan shall be repaid
18 by the end of the initial term of the charter school.
19 The State Board may deduct amounts necessary to repay the
20 loan from funds due to the charter school or may require
21 that the local school board that authorized the charter
22 school deduct such amounts from funds due the charter
23 school and remit these amounts to the State Board,
24 provided that the local school board shall not be
25 responsible for repayment of the loan. The State Board
26 may use up to 3% of the appropriation to contract with a
27 non-profit entity to administer the loan program.
28 (4) A charter school may apply for and receive,
29 subject to the same restrictions applicable to school
30 districts, any grant administered by the State Board that
31 is available for school districts.
32 (Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.)
33 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
-438- LRB9203186EGfg
1 Sec. 34-8.3. Remediation and probation of attendance
2 centers.
3 (a) The general superintendent shall monitor the
4 performance of the attendance centers within the district and
5 shall identify attendance centers, pursuant to criteria that
6 the board shall establish, in which:
7 (1) there is a failure to develop, implement, or
8 comply with a school improvement plan;
9 (2) there is a pervasive breakdown in the
10 educational program as indicated by factors, including,
11 but not limited to, the absence of improvement in student
12 reading and math achievement scores, an increased
13 drop-out rate, a decreased graduation rate, and a
14 decrease in rate of student attendance;
15 (3) (blank); or
16 (4) there is a failure or refusal to comply with
17 the provisions of this Act, other applicable laws,
18 collective bargaining agreements, court orders, or with
19 Board rules which the Board is authorized to promulgate.
20 (b) If the general superintendent identifies a
21 nonperforming school as described herein, he or she shall
22 place the attendance center on remediation by developing a
23 remediation plan for the center. The purpose of the
24 remediation plan shall be to correct the deficiencies in the
25 performance of the attendance center by one or more of the
26 following methods:
27 (1) drafting a new school improvement plan;
28 (2) applying to the board for additional funding
29 for training for the local school council;
30 (3) directing implementation of a school
31 improvement plan;
32 (4) mediating disputes or other obstacles to reform
33 or improvement at the attendance center.
34 If, however, the general superintendent determines that
-439- LRB9203186EGfg
1 the problems are not able to be remediated by these methods,
2 the general superintendent shall place the attendance center
3 on probation. The board shall establish guidelines that
4 determine the factors for placing an attendance center on
5 probation.
6 (c) Each school placed on probation shall have a school
7 improvement plan and school budget for correcting
8 deficiencies identified by the board. The plan shall include
9 specific steps that the local school council and school staff
10 must take to correct identified deficiencies and specific
11 objective criteria by which the school's subsequent progress
12 will be determined. The school budget shall include specific
13 expenditures directly calculated to correct educational and
14 operational deficiencies identified at the school by the
15 probation team.
16 (d) Schools placed on probation that, after a maximum of
17 one year, fail to make adequate progress in correcting
18 deficiencies are subject to the following action by the
19 general superintendent with the approval of the board, after
20 opportunity for a hearing:
21 (1) Ordering new local school council elections.
22 (2) Removing and replacing the principal.
23 (3) Replacement of faculty members, subject to the
24 provisions of Section 24A-5.
25 (4) Reconstitution of the attendance center and
26 replacement and reassignment by the general
27 superintendent of all employees of the attendance center.
28 (5) Intervention under Section 34-8.4.
29 (6) Closing of the school.
30 (e) Schools placed on probation shall remain on
31 probation from year to year until deficiencies are corrected,
32 even if such schools make acceptable annual progress. The
33 board shall establish, in writing, criteria for determining
34 whether or not a school shall remain on probation. If
-440- LRB9203186EGfg
1 academic achievement tests are used as the factor for placing
2 a school on probation, the general superintendent shall
3 consider objective criteria, not just an increase in test
4 scores, in deciding whether or not a school shall remain on
5 probation. These criteria shall include attendance, test
6 scores, student mobility rates, poverty rates, bilingual
7 education eligibility, special education, and English
8 language proficiency programs, with progress made in these
9 areas being taken into consideration in deciding whether or
10 not a school shall remain on probation.
11 (f) Where the board has reason to believe that
12 violations of civil rights, or of civil or criminal law have
13 occurred, or when the general superintendent deems that the
14 school is in educational crisis it may take immediate
15 corrective action, including the actions specified in this
16 Section, without first placing the school on remediation or
17 probation. Nothing described herein shall limit the
18 authority of the board as provided by any law of this State.
19 The board shall develop criteria governing the determination
20 regarding when a school is in educational crisis.
21 (g) All persons serving as subdistrict superintendent on
22 May 1, 1995 shall be deemed by operation of law to be serving
23 under a performance contract which expires on June 30, 1995,
24 and the employment of each such person as subdistrict
25 superintendent shall terminate on June 30, 1995. The board
26 shall have no obligation to compensate any such person as a
27 subdistrict superintendent after June 30, 1995.
28 (h) The general superintendent shall, in consultation
29 with local school councils, conduct an annual evaluation of
30 each principal in the district pursuant to guidelines
31 promulgated by the Board of Education.
32 (Source: P.A. 91-219, eff. 1-1-00; 91-622, eff. 8-19-99;
33 revised 10-13-99.)
-441- LRB9203186EGfg
1 (105 ILCS 5/34-18.18)
2 Sec. 34-18.18. Occupational standards. The Board shall
3 not require a student to meet occupational standards for
4 grade level promotion or graduation unless that student is
5 voluntarily enrolled in a job training program.
6 (Source: P.A. 91-175, eff. 1-1-00.)
7 (105 ILCS 5/34-18.19)
8 Sec. 34-18.19. 34-18.18. School safety assessment audit;
9 safety plan. The board of education shall require schools,
10 subject to the award of a grant by the State Board of
11 Education, to complete a school safety assessment audit, as
12 developed by the State Board of Education pursuant to Section
13 2-3.129, 2-3.126, and to develop a written safety plan or
14 revise their current safety plan to implement the criteria
15 developed by the State Board of Education, in cooperation
16 with the Task Force on School Safety, as specified in the
17 school safety assessment audit. The plan shall be subject to
18 approval by the board of education. Once approved, the
19 school shall file the plan with the State Board of Education
20 and the regional superintendent of schools. The State Board
21 of Education shall provide, subject to appropriation, grants
22 for the purposes of this Section.
23 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
24 (105 ILCS 5/34-18.20)
25 Sec. 34-18.20. 34-18.18. Time out and physical
26 restraint. Until rules are adopted under Section 2-3.130
27 2-3.126 of this Code, the use of any of the following rooms
28 or enclosures for time out purposes is prohibited:
29 (1) a locked room other than one with a locking
30 mechanism that engages only when a key or handle is being
31 held by a person;
32 (2) a confining space such as a closet or box;
-442- LRB9203186EGfg
1 (3) a room where the student cannot be continually
2 observed; or
3 (4) any other room or enclosure or time out
4 procedure that is contrary to current guidelines of the
5 State Board of Education.
6 The use of physical restraints is prohibited except when
7 (i) the student poses a physical risk to himself, herself, or
8 others, (ii) there is no medical contraindication to its use,
9 and (iii) the staff applying the restraint have been trained
10 in its safe application. For the purposes of this Section,
11 "restraint" does not include momentary periods of physical
12 restriction by direct person-to-person contact, without the
13 aid of material or mechanical devices, accomplished with
14 limited force and that are designed (i) to prevent a student
15 from completing an act that would result in potential
16 physical harm to himself, herself, or another or damage to
17 property or (ii) to remove a disruptive student who is
18 unwilling to voluntarily leave the area. The use of physical
19 restraints that meet the requirements of this Section may be
20 included in a student's individualized education plan where
21 deemed appropriate by the student's individualized education
22 plan team. Whenever physical restraints are used, school
23 personnel shall fully document the incident, including the
24 events leading up to the incident, the type of restraint
25 used, the length of time the student is restrained, and the
26 staff involved. The parents or guardian of a student shall
27 be informed whenever physical restraints are used.
28 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
29 Section 49.5. The School Breakfast and Lunch Program Act
30 is amended by changing Section 8 as follows:
31 (105 ILCS 125/8) (from Ch. 122, par. 712.8)
32 Sec. 8. Filing and forwarding claims for reimbursement.
-443- LRB9203186EGfg
1 School boards and welfare centers shall file claims for
2 reimbursement, on forms provided by the State Board of
3 Education, on a monthly basis as prescribed by the State
4 Board of Education.
5 (Source: P.A. 91-764, eff. 6-9-00; 91-843, eff. 6-22-00;
6 revised 7-13-00.)
7 Section 50. The Campus Security Act is amended by
8 changing Section 15 as follows:
9 (110 ILCS 12/15)
10 Sec. 15. Arrest reports.
11 (a) When an individual is arrested, the following
12 information must be made available to the news media for
13 inspection and copying:
14 (1) Information that identifies the individual
15 person, including the name, age, address, and photograph,
16 when and if available.
17 (2) Information detailing any charges relating to
18 the arrest.
19 (3) The time and location of the arrest.
20 (4) The name of the investigating or arresting law
21 enforcement agency.
22 (5) If the individual is incarcerated, the amount
23 of any bail or bond.
24 (6) If the individual is incarcerated, the time and
25 date that the individual was received, discharged, or
26 transferred from the arresting agency's custody.
27 (b) The information required by this Section must be
28 made available to the news media for inspection and copying
29 as soon as practicable, but in no event shall the time period
30 exceed 72 hours from the arrest. The information described
31 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
32 subsection (a), however, may be withheld if it is determined
-444- LRB9203186EGfg
1 that disclosure would:
2 (1) interfere with pending or actually and
3 reasonably contemplated law enforcement proceedings
4 conducted by any law enforcement or correctional agency;
5 (2) endanger the life or physical safety of law
6 enforcement or correctional personnel or any other
7 person; or
8 (3) compromise the security of any correctional
9 facility.
10 (c) For the purposes of this Section the term "news
11 media" means personnel of a newspaper or other periodical
12 issued at regular intervals, a news service, a radio station,
13 a television station, a community antenna television service,
14 or a person or corporation engaged in making news reels or
15 other motion picture news for public showing.
16 (d) Each law enforcement or correctional agency may
17 charge fees for arrest records, but in no instance may the
18 fee exceed the actual cost of copying and reproduction. The
19 fees may not include the cost of the labor used to reproduce
20 the arrest record.
21 (e) The provisions of this Section do not supersede the
22 confidentiality provisions for arrest records of the Juvenile
23 Court Act of 1987.
24 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
25 Section 50.1. The University of Illinois Trustees Act is
26 amended by changing Section 1 as follows:
27 (110 ILCS 310/1) (from Ch. 144, par. 41)
28 Sec. 1. The Board of Trustees of the University of
29 Illinois shall consist of the Governor and at least 12
30 trustees. Nine trustees shall be appointed by the Governor,
31 by and with the advice and consent of the Senate. The other
32 trustees shall be students, of whom one student shall be
-445- LRB9203186EGfg
1 selected from each University campus.
2 Each student trustee shall serve a term of one year,
3 beginning on July 1 or on the date of his or her selection,
4 whichever is later, and expiring on the next succeeding June
5 30.
6 Each trustee shall have all of the privileges of
7 membership, except that only one student trustee shall have
8 the right to cast a legally binding vote. The Governor shall
9 designate which one of the student trustees shall possess,
10 for his or her entire term, the right to cast a legally
11 binding vote. Each student trustee who does not possess the
12 right to cast a legally binding vote shall have the right to
13 cast an advisory vote and the right to make and second
14 motions and to attend executive sessions.
15 Each trustee shall be governed by the same conflict of
16 interest standards. Pursuant to those standards, it shall
17 not be a conflict of interest for a student trustee to vote
18 on matters pertaining to students generally, such as tuition
19 and fees. However, it shall be a conflict of interest for a
20 student trustee to vote on faculty member tenure or
21 promotion. Student trustees shall be chosen by campus-wide
22 student election, and the student trustee designated by the
23 Governor to possess a legally binding vote shall be one of
24 the students selected by this method. A student trustee who
25 does not possess a legally binding vote on a measure at a
26 meeting of the Board or any of its committees shall not be
27 considered a trustee for the purpose of determining whether a
28 quorum is present at the time that measure is voted upon.
29 To be eligible for selection as a student trustee and to be
30 eligible to remain as a voting or nonvoting student trustee,
31 a student trustee must be a resident of this State, must have
32 and maintain a grade point average that is equivalent to at
33 least 2.5 on a 4.0 scale, and must be a full time student
34 enrolled at all times during his or her term of office except
-446- LRB9203186EGfg
1 for that part of the term which follows the completion of
2 the last full regular semester of an academic year and
3 precedes the first full regular semester of the succeeding
4 academic year at the University (sometimes commonly referred
5 to as the summer session or summer school). If a voting or
6 nonvoting student trustee fails to continue to meet or
7 maintain the residency, minimum grade point average, or
8 enrollment requirement established by this Section, his or
9 her membership on the Board shall be deemed to have
10 terminated by operation of law.
11 If a voting student trustee resigns or otherwise ceases
12 to serve on the Board, the Governor shall, within 30 days,
13 designate one of the remaining student trustees to possess
14 the right to cast a legally binding vote for the remainder of
15 his or her term. If a nonvoting student trustee resigns or
16 otherwise ceases to serve on the Board, the chief executive
17 of the student government from that campus shall, within 30
18 days, select a new nonvoting student trustee to serve for the
19 remainder of the term.
20 No more than 5 of the 9 appointed trustees shall be
21 affiliated with the same political party. Each trustee
22 appointed by the Governor must be a resident of this State.
23 A failure to meet or maintain this residency requirement
24 constitutes a resignation from and creates a vacancy in the
25 Board. The term of office of each appointed trustee shall be
26 6 years from the third Monday in January of each odd numbered
27 year. The regular terms of office of the appointed trustees
28 shall be staggered so that 3 terms expire in each
29 odd-numbered year.
30 Vacancies for appointed trustees shall be filled for the
31 unexpired term in the same manner as original appointments.
32 If a vacancy in membership occurs at a time when the Senate
33 is not in session, the Governor shall make temporary
34 appointments until the next meeting of the Senate, when he
-447- LRB9203186EGfg
1 shall appoint persons to fill such memberships for the
2 remainder of their respective terms. If the Senate is not in
3 session when appointments for a full term are made,
4 appointments shall be made as in the case of vacancies.
5 No action of the board shall be invalidated by reason of
6 any vacancies on the board, or by reason of any failure to
7 select student trustees.
8 (Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01;
9 91-798, eff. 7-9-00; revised 6-29-00.)
10 Section 50.2. The Southern Illinois University
11 Management Act is amended by changing Sections 2 and 5 as
12 follows:
13 (110 ILCS 520/2) (from Ch. 144, par. 652)
14 Sec. 2. The Board shall consist of 7 members appointed by
15 the Governor, by and with the advice and consent of the
16 Senate, the Superintendent of Public Instruction, or his
17 chief assistant for liaison with higher education when
18 designated to serve in his place, ex-officio, and one voting
19 student member designated by the Governor from one campus of
20 the University and one nonvoting student member from the
21 campus of the University not represented by the voting
22 student member. The Governor shall designate one of the
23 student members serving on the Board to serve as the voting
24 student member. Each student member shall be chosen by the
25 respective campuses of Southern Illinois University at
26 Carbondale and Edwardsville. The method of choosing these
27 student members shall be by campus-wide student election, and
28 any student designated by the Governor to be a voting student
29 member shall be one of the students chosen by this method.
30 The student members shall serve terms of one year beginning
31 on July 1 of each year, except that the student members
32 initially selected shall serve a term beginning on the date
-448- LRB9203186EGfg
1 of such selection and expiring on the next succeeding June
2 30. To be eligible for selection as a student member and to
3 be eligible to remain as a voting or nonvoting student member
4 of the Board, a student member must be a resident of this
5 State, must have and maintain a grade point average that is
6 equivalent to at least 2.5 on a 4.0 scale, and must be a full
7 time student enrolled at all times during his or her term of
8 office except for that part of the term which follows the
9 completion of the last full regular semester of an academic
10 year and precedes the first full regular semester of the
11 succeeding academic year at the university (sometimes
12 commonly referred to as the summer session or summer school).
13 If a voting or nonvoting student member serving on the Board
14 fails to continue to meet or maintain the residency, minimum
15 grade point average, or enrollment requirement established by
16 this Section, his or her membership on the Board shall be
17 deemed to have terminated by operation of law. No more than 4
18 of the members appointed by the Governor shall be affiliated
19 with the same political party. Each member appointed by the
20 Governor must be a resident of this State. A failure to meet
21 or maintain this residency requirement constitutes a
22 resignation from and creates a vacancy in the Board. Upon
23 the expiration of the terms of members appointed by the
24 Governor, their respective successors shall be appointed for
25 terms of 6 years from the third Monday in January of each
26 odd-numbered year and until their respective successors are
27 appointed for like terms. If the Senate is not in session
28 appointments shall be made as in the case of vacancies.
29 (Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01;
30 91-798, eff. 7-9-00; revised 6-29-00.)
31 (110 ILCS 520/5) (from Ch. 144, par. 655)
32 Sec. 5. Members of the Board shall elect annually by
33 secret ballot from their own number a chairman who shall
-449- LRB9203186EGfg
1 preside over meetings of the Board and a secretary.
2 Meetings of the Board shall be held at least once each
3 quarter on a campus of Southern Illinois University. At all
4 regular meetings of the Board, a majority of its voting
5 members shall constitute a quorum. The student members shall
6 have all of the privileges of membership, including the right
7 to make and second motions and to attend executive sessions,
8 other than the right to vote, except that the student member
9 designated by the Governor as the voting student member shall
10 have the right to vote on all Board matters except those
11 involving faculty tenure, faculty promotion or any issue on
12 which the student member has a direct conflict of interest.
13 A student member who is not entitled to vote on a measure at
14 a meeting of the Board or any of its committees shall not be
15 considered a member for the purpose of determining whether a
16 quorum is present at the time that measure is voted upon. No
17 action of the Board shall be invalidated by reason of any
18 vacancies on the Board, or by reason of any failure to select
19 a student member.
20 Special meetings of the Board may be called by the
21 chairman of the Board or by any 3 members of the Board.
22 At each regular and special meeting that is open to the
23 public, members of the public and employees of the University
24 shall be afforded time, subject to reasonable constraints, to
25 make comments to or ask questions of the Board.
26 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
27 91-778, eff. 1-1-01; revised 6-23-00.)
28 Section 50.3. The Chicago State University Law is
29 amended by changing Sections 5-15 and 5-25 as follows:
30 (110 ILCS 660/5-15)
31 Sec. 5-15. Membership; terms; vacancies. The Board
32 shall consist of 7 voting members appointed by the Governor,
-450- LRB9203186EGfg
1 by and with the advice and consent of the Senate, and one
2 voting member who is a student at Chicago State University.
3 The student member shall be chosen by a campus-wide student
4 election. The student member shall serve a term of one year
5 beginning on July 1 of each year, except that the student
6 member initially selected shall serve a term beginning on the
7 date of his or her selection and expiring on the next
8 succeeding June 30. To be eligible for selection as a
9 student member and to be eligible to remain as a student
10 member of the Board, the student member must be a resident of
11 this State, must have and maintain a grade point average that
12 is equivalent to at least 2.5 on a 4.0 scale, and must be a
13 full time student enrolled at all times during his or her
14 term of office except for that part of the term which follows
15 the completion of the last full regular semester of an
16 academic year and precedes the first full regular semester of
17 the succeeding academic year at the university (sometimes
18 commonly referred to as the summer session or summer school).
19 If a student member serving on the Board fails to continue to
20 meet or maintain the residency, minimum grade point average,
21 or enrollment requirement established by this Section, his or
22 her membership on the Board shall be deemed to have
23 terminated by operation of law. Of the members first
24 appointed by the Governor, 4 shall be appointed for terms to
25 expire on the third Monday in January, 1999, and 3 shall be
26 appointed for terms to expire on the third Monday in January,
27 2001. If the Senate is not in session on the effective date
28 of this Article, or if a vacancy in an appointive membership
29 occurs at a time when the Senate is not in session, the
30 Governor shall make temporary appointments until the next
31 meeting of the Senate when he shall nominate persons to fill
32 such memberships for the remainder of their respective terms.
33 No more than 4 of the members appointed by the Governor shall
34 be affiliated with the same political party. Each member
-451- LRB9203186EGfg
1 appointed by the Governor must be a resident of this State.
2 A failure to meet or maintain this residency requirement
3 constitutes a resignation from and creates a vacancy in the
4 Board. Upon the expiration of the terms of members appointed
5 by the Governor, their respective successors shall be
6 appointed for terms of 6 years from the third Monday in
7 January of each odd-numbered year. Any members appointed to
8 the Board shall continue to serve in such capacity until
9 their successors are appointed and qualified.
10 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
11 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
12 (110 ILCS 660/5-25)
13 Sec. 5-25. Officers; meetings. Members of the Board
14 shall elect annually by secret ballot from their own number a
15 chairman who shall preside over meetings of the Board and a
16 secretary.
17 Meetings of the Board shall be held at least once each
18 quarter on the campus of Chicago State University at Chicago,
19 Illinois. At all regular meetings of the Board, a majority
20 of its members shall constitute a quorum. The student member
21 shall have all of the privileges of membership, including the
22 right to make and second motions, to attend executive
23 sessions, and to vote on all Board matters except those
24 involving faculty tenure, faculty promotion or any issue on
25 which the student member has a direct conflict of interest.
26 Unless the student member is entitled to vote on a measure at
27 a meeting of the Board or any of its committees, he or she
28 shall not be considered a member for the purpose of
29 determining whether a quorum is present at the time that
30 measure is voted upon. No action of the Board shall be
31 invalidated by reason of any vacancies on the Board or by
32 reason of any failure to select a student member.
33 Special meetings of the Board may be called by the
-452- LRB9203186EGfg
1 chairman of the Board or by any 3 members of the Board.
2 At each regular and special meeting that is open to the
3 public, members of the public and employees of the University
4 shall be afforded time, subject to reasonable constraints, to
5 make comments to or ask questions of the Board.
6 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
7 91-778, eff. 1-1-01; revised 6-23-00.)
8 Section 50.4 The Eastern Illinois University Law is
9 amended by changing Sections 10-15 and 10-25 as follows:
10 (110 ILCS 665/10-15)
11 Sec. 10-15. Membership; terms; vacancies. The Board
12 shall consist of 7 voting members appointed by the Governor,
13 by and with the advice and consent of the Senate, and one
14 voting member who is a student at Eastern Illinois
15 University. The student member shall be chosen by a
16 campus-wide student election. The student member shall serve
17 a term of one year beginning on July 1 of each year, except
18 that the student member initially selected shall serve a term
19 beginning on the date of his or her selection and expiring on
20 the next succeeding June 30. To be eligible for selection as
21 a student member and to be eligible to remain as a student
22 member of the Board, the student member must be a resident of
23 this State, must have and maintain a grade point average that
24 is equivalent to at least 2.5 on a 4.0 scale, and must be a
25 full time student enrolled at all times during his or her
26 term of office except for that part of the term which follows
27 the completion of the last full regular semester of an
28 academic year and precedes the first full regular semester of
29 the succeeding academic year at the university (sometimes
30 commonly referred to as the summer session or summer school).
31 If a student member serving on the Board fails to continue to
32 meet or maintain the residency, minimum grade point average,
-453- LRB9203186EGfg
1 or enrollment requirement established by this Section, his or
2 her membership on the Board shall be deemed to have
3 terminated by operation of law. Of the members first
4 appointed by the Governor, 4 shall be appointed for terms to
5 expire on the third Monday in January, 1999, and 3 shall be
6 appointed for terms to expire on the third Monday in January,
7 2001. If the Senate is not in session on the effective date
8 of this Article, or if a vacancy in an appointive membership
9 occurs at a time when the Senate is not in session, the
10 Governor shall make temporary appointments until the next
11 meeting of the Senate when he shall nominate persons to fill
12 such memberships for the remainder of their respective terms.
13 No more than 4 of the members appointed by the Governor shall
14 be affiliated with the same political party. Each member
15 appointed by the Governor must be a resident of this State.
16 A failure to meet or maintain this residency requirement
17 constitutes a resignation from and creates a vacancy in the
18 Board. Upon the expiration of the terms of members appointed
19 by the Governor, their respective successors shall be
20 appointed for terms of 6 years from the third Monday in
21 January of each odd-numbered year. Any members appointed to
22 the Board shall continue to serve in such capacity until
23 their successors are appointed and qualified.
24 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
25 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
26 (110 ILCS 665/10-25)
27 Sec. 10-25. Officers; meetings. Members of the Board
28 shall elect annually by secret ballot from their own number a
29 chairman who shall preside over meetings of the Board and a
30 secretary.
31 Meetings of the Board shall be held at least once each
32 quarter on the campus of Eastern Illinois University at
33 Charleston, Illinois. At all regular meetings of the Board,
-454- LRB9203186EGfg
1 a majority of its members shall constitute a quorum. The
2 student member shall have all of the privileges of
3 membership, including the right to make and second motions,
4 to attend executive sessions, and to vote on all Board
5 matters except those involving faculty tenure, faculty
6 promotion or any issue on which the student member has a
7 direct conflict of interest. Unless the student member is
8 entitled to vote on a measure at a meeting of the Board or
9 any of its committees, he or she shall not be considered a
10 member for the purpose of determining whether a quorum is
11 present at the time that measure is voted upon. No action of
12 the Board shall be invalidated by reason of any vacancies on
13 the Board or by reason of any failure to select a student
14 member.
15 Special meetings of the Board may be called by the
16 chairman of the Board or by any 3 members of the Board.
17 At each regular and special meeting that is open to the
18 public, members of the public and employees of the University
19 shall be afforded time, subject to reasonable constraints, to
20 make comments to or ask questions of the Board.
21 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
22 91-778, eff. 1-1-01; revised 6-23-00.)
23 Section 50.5. The Governors State University Law is
24 amended by changing Sections 15-15 and 15-25 as follows:
25 (110 ILCS 670/15-15)
26 Sec. 15-15. Membership; terms; vacancies. The Board
27 shall consist of 7 voting members appointed by the Governor,
28 by and with the advice and consent of the Senate, and one
29 voting member who is a student at Governors State University.
30 The student member shall be chosen by a campus-wide student
31 election. The student member shall serve a term of one year
32 beginning on July 1 of each year, except that the student
-455- LRB9203186EGfg
1 member initially selected shall serve a term beginning on the
2 date of his or her selection and expiring on the next
3 succeeding June 30. To be eligible for selection as a
4 student member and to be eligible to remain as a student
5 member of the Board, the student member must be a resident of
6 this State, must have and maintain a grade point average that
7 is equivalent to at least 2.5 on a 4.0 scale, and must be a
8 student enrolled at all times during his or her term of
9 office except for that part of the term which follows the
10 completion of the last full regular semester of an academic
11 year and precedes the first full regular semester of the
12 succeeding academic year at the university (sometimes
13 commonly referred to as the spring/summer semester). If a
14 student member serving on the Board fails to continue to meet
15 or maintain the residency, minimum grade point average, or
16 enrollment requirement established by this Section, his or
17 her membership on the Board shall be deemed to have
18 terminated by operation of law. Of the members first
19 appointed by the Governor, 4 shall be appointed for terms to
20 expire on the third Monday in January, 1999, and 3 shall be
21 appointed for terms to expire on the third Monday in January,
22 2001. If the Senate is not in session on the effective date
23 of this Article, or if a vacancy in an appointive membership
24 occurs at a time when the Senate is not in session, the
25 Governor shall make temporary appointments until the next
26 meeting of the Senate when he shall nominate persons to fill
27 such memberships for the remainder of their respective terms.
28 No more than 4 of the members appointed by the Governor shall
29 be affiliated with the same political party. Each member
30 appointed by the Governor must be a resident of this State.
31 A failure to meet or maintain this residency requirement
32 constitutes a resignation from and creates a vacancy in the
33 Board. Upon the expiration of the terms of members appointed
34 by the Governor, their respective successors shall be
-456- LRB9203186EGfg
1 appointed for terms of 6 years from the third Monday in
2 January of each odd-numbered year. Any members appointed to
3 the Board shall continue to serve in such capacity until
4 their successors are appointed and qualified.
5 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
6 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
7 (110 ILCS 670/15-25)
8 Sec. 15-25. Officers; meetings. Members of the Board
9 shall elect annually by secret ballot from their own number a
10 chairman who shall preside over meetings of the Board and a
11 secretary.
12 Meetings of the Board shall be held at least once each
13 quarter on the campus of Governors State University at
14 University Park, Illinois. At all regular meetings of the
15 Board, a majority of its members shall constitute a quorum.
16 The student member shall have all of the privileges of
17 membership, including the right to make and second motions,
18 to attend executive sessions, and to vote on all Board
19 matters except those involving faculty tenure, faculty
20 promotion or any issue on which the student member has a
21 direct conflict of interest. Unless the student member is
22 entitled to vote on a measure at a meeting of the Board or
23 any of its committees, he or she shall not be considered a
24 member for the purpose of determining whether a quorum is
25 present at the time that measure is voted upon. No action of
26 the Board shall be invalidated by reason of any vacancies on
27 the Board or by reason of any failure to select a student
28 member.
29 Special meetings of the Board may be called by the
30 chairman of the Board or by any 3 members of the Board.
31 At each regular and special meeting that is open to the
32 public, members of the public and employees of the University
33 shall be afforded time, subject to reasonable constraints, to
-457- LRB9203186EGfg
1 make comments to or ask questions of the Board.
2 (Source: P.A. 89-4, eff. 1-1-96; 89-552, eff. 7-26-96;
3 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 91-778, eff.
4 1-1-01; revised 6-23-00.)
5 Section 50.6. The Illinois State University Law is
6 amended by changing Sections 20-15 and 20-25 as follows:
7 (110 ILCS 675/20-15)
8 Sec. 20-15. Membership; terms; vacancies. The Board
9 shall consist of 7 voting members appointed by the Governor,
10 by and with the advice and consent of the Senate, and one
11 voting member who is a student at Illinois State University.
12 The student member shall be chosen by a campus-wide student
13 election. The student member shall serve a term of one year
14 beginning on July 1 of each year, except that the student
15 member initially selected shall serve a term beginning on the
16 date of his or her selection and expiring on the next
17 succeeding June 30. To be eligible to remain as a student
18 member of the Board, the student member must be a resident of
19 this State, must have and maintain a grade point average that
20 is equivalent to at least 2.5 on a 4.0 scale, and must be a
21 full time student enrolled at all times during his or her
22 term of office except for that part of the term which follows
23 the completion of the last full regular semester of an
24 academic year and precedes the first full regular semester of
25 the succeeding academic year at the university (sometimes
26 commonly referred to as the summer session or summer school).
27 If a student member serving on the Board fails to continue to
28 meet or maintain the residency, minimum grade point average,
29 or enrollment requirement established by this Section, his or
30 her membership on the Board shall be deemed to have
31 terminated by operation of law. Of the members first
32 appointed by the Governor, 4 shall be appointed for terms to
-458- LRB9203186EGfg
1 expire on the third Monday in January, 1999, and 3 shall be
2 appointed for terms to expire on the third Monday in January,
3 2001. If the Senate is not in session on the effective date
4 of this Article, or if a vacancy in an appointive membership
5 occurs at a time when the Senate is not in session, the
6 Governor shall make temporary appointments until the next
7 meeting of the Senate when he shall nominate persons to fill
8 such memberships for the remainder of their respective terms.
9 No more than 4 of the members appointed by the Governor shall
10 be affiliated with the same political party. Each member
11 appointed by the Governor must be a resident of this State.
12 A failure to meet or maintain this residency requirement
13 constitutes a resignation from and creates a vacancy in the
14 Board. Upon the expiration of the terms of members appointed
15 by the Governor, their respective successors shall be
16 appointed for terms of 6 years from the third Monday in
17 January of each odd-numbered year. Any members appointed to
18 the Board shall continue to serve in such capacity until
19 their successors are appointed and qualified.
20 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
21 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
22 (110 ILCS 675/20-25)
23 Sec. 20-25. Officers; meetings. Members of the Board
24 shall elect annually by secret ballot from their own number a
25 chairman who shall preside over meetings of the Board and a
26 secretary.
27 Meetings of the Board shall be held at least once each
28 quarter on the campus of Illinois State University at Normal,
29 Illinois. At all regular meetings of the Board, a majority
30 of its members shall constitute a quorum. The student member
31 shall have all of the privileges of membership, including the
32 right to make and second motions, to attend executive
33 sessions, and to vote on all Board matters except those
-459- LRB9203186EGfg
1 involving faculty tenure, faculty promotion or any issue on
2 which the student member has a direct conflict of interest.
3 Unless the student member is entitled to vote on a measure at
4 a meeting of the Board or any of its committees, he or she
5 shall not be considered a member for the purpose of
6 determining whether a quorum is present at the time that
7 measure is voted upon. No action of the Board shall be
8 invalidated by reason of any vacancies on the Board or by
9 reason of any failure to select a student member.
10 Special meetings of the Board may be called by the
11 chairman of the Board or by any 3 members of the Board.
12 At each regular and special meeting that is open to the
13 public, members of the public and employees of the University
14 shall be afforded time, subject to reasonable constraints, to
15 make comments to or ask questions of the Board.
16 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
17 91-778, eff. 1-1-01; revised 6-23-00.)
18 Section 50.7. The Northeastern Illinois University Law
19 is amended by changing Sections 25-15 and 25-25 as follows:
20 (110 ILCS 680/25-15)
21 Sec. 25-15. Membership; terms; vacancies. The Board
22 shall consist of 9 voting members who are residents of this
23 State and are appointed by the Governor, by and with the
24 advice and consent of the Senate, and one voting member who
25 is a student at Northeastern Illinois University. The
26 student member shall be elected by a campus-wide election of
27 all students of the University. The student member shall
28 serve a term of one year beginning on July 1 of each year,
29 except that the student member initially selected under this
30 amendatory Act of the 91st General Assembly shall serve a
31 term beginning on the date of his or her selection and
32 expiring on the next succeeding June 30. To be eligible to
-460- LRB9203186EGfg
1 remain as a student member of the Board, the student member
2 must be a resident of this State, must have and maintain a
3 grade point average that is equivalent to at least 2.5 on a
4 4.0 scale, and must be a full time undergraduate student
5 enrolled at all times during his or her term of office except
6 for that part of the term which follows the completion of the
7 last full regular semester of an academic year and precedes
8 the first full regular semester of the succeeding academic
9 year at the university (sometimes commonly referred to as the
10 summer session or summer school). If a student member
11 serving on the Board fails to continue to meet or maintain
12 the residency, minimum grade point average, or enrollment
13 requirement established by this Section, his or her
14 membership on the Board shall be deemed to have terminated by
15 operation of law. If any member of the Board appointed by
16 the Governor fails to continue to meet or maintain the
17 residency requirement established by this Section, he or she
18 shall resign membership on the Board within 30 days
19 thereafter and, failing submission of this resignation, his
20 or her membership on the Board shall be deemed to have
21 terminated by operation of law. Of the members first
22 appointed by the Governor, 4 shall be appointed for terms to
23 expire on the third Monday in January, 1999 and until their
24 successors are appointed and qualified, and 3 shall be
25 appointed for terms to expire on the third Monday in January,
26 2001 and until their successors are appointed and qualified.
27 The 2 additional members appointed by the Governor, by and
28 with the advice and consent of the Senate, under this
29 amendatory Act of the 91st General Assembly, shall not be
30 from the same political party and shall be appointed for
31 terms to expire on the third Monday in January, 2003 and
32 until their successors are appointed and qualified. Any
33 vacancy in membership existing on January 1, 1999 shall be
34 filled by appointment by the Governor, with the advice and
-461- LRB9203186EGfg
1 consent of the Senate, for a term to expire on the third
2 Monday in January, 2003. If the Senate is not in session on
3 the effective date of this Article, or if a vacancy in an
4 appointive membership occurs at a time when the Senate is not
5 in session, the Governor shall make temporary appointments to
6 fill the vacancy. Members with these temporary appointments
7 shall be deemed qualified to serve upon appointment and shall
8 continue to serve until the next meeting of the Senate when
9 the Governor shall appoint persons to fill such memberships,
10 by and with the advice and consent of the Senate, for the
11 remainder of their respective terms. No more than 5 of the
12 members appointed by the Governor shall be affiliated with
13 the same political party. Each member appointed by the
14 Governor must be a resident of this State. A failure to meet
15 or maintain this residency requirement constitutes a
16 resignation from and creates a vacancy in the Board. Upon
17 the expiration of the terms of members appointed by the
18 Governor for other than temporary appointments, their
19 respective successors shall be appointed, by and with the
20 advice and consent of the Senate, for terms of 6 years from
21 the third Monday in January of each odd-numbered year. Any
22 members appointed to the Board shall continue to serve in
23 such capacity until their successors are appointed and
24 qualified.
25 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
26 91-565, eff. 8-14-99; 91-778, eff. 1-1-01; 91-798, eff.
27 7-9-00; revised 6-29-00.)
28 (110 ILCS 680/25-25)
29 Sec. 25-25. Officers; meetings. Members of the Board
30 appointed by the Governor shall elect by secret ballot from
31 their own number a chairperson, who shall serve for a period
32 of 2 years from his or her election and who shall preside
33 over meetings of the Board, a secretary, and other officers
-462- LRB9203186EGfg
1 that the Board deems necessary. The secretary and other
2 officers shall also serve for a period of 2 years from their
3 election.
4 Meetings of the Board shall be held at least once each
5 quarter on the campus of Northeastern Illinois University at
6 Chicago, Illinois. At all regular meetings of the Board, a
7 majority of its members shall constitute a quorum. The
8 student member shall have all of the privileges of
9 membership, including the right to make and second motions,
10 to attend executive sessions, and to vote on all Board
11 matters except those involving faculty tenure, faculty
12 promotion or any issue on which the student member has a
13 direct conflict of interest. No action of the Board shall be
14 invalidated by reason of any vacancies on the Board or by
15 reason of any failure to select a student member.
16 Special meetings of the Board may be called by the
17 chairperson of the Board or by any 4 members of the Board.
18 At each regular and special meeting that is open to the
19 public, members of the public and employees of the University
20 shall be afforded time, subject to reasonable constraints, to
21 make comments to or ask questions of the Board.
22 (Source: P.A. 90-630, eff. 7-24-98; 91-565, eff. 8-14-99;
23 91-715, eff. 1-1-01; 91-778, eff. 1-1-01; revised 6-23-00.)
24 Section 50.8. The Northern Illinois University Law is
25 amended by changing Sections 30-15 and 30-25 as follows:
26 (110 ILCS 685/30-15)
27 Sec. 30-15. Membership; terms; vacancies. The Board
28 shall consist of 7 voting members appointed by the Governor,
29 by and with the advice and consent of the Senate, and one
30 voting member who is a student at Northern Illinois
31 University. The student member shall be chosen by a
32 campus-wide student election. The student member shall serve
-463- LRB9203186EGfg
1 a term of one year beginning on July 1 of each year, except
2 that the student member initially selected shall serve a term
3 beginning on the date of his or her selection and expiring on
4 the next succeeding June 30. To be eligible to remain as a
5 student member of the Board, the student member must be a
6 resident of this State, must have and maintain a grade point
7 average that is equivalent to at least 2.5 on a 4.0 scale,
8 and must be a full time student enrolled at all times during
9 his or her term of office except for that part of the term
10 which follows the completion of the last full regular
11 semester of an academic year and precedes the first full
12 regular semester of the succeeding academic year at the
13 university (sometimes commonly referred to as the summer
14 session or summer school). If a student member serving on
15 the Board fails to continue to meet or maintain the
16 residency, minimum grade point average, or enrollment
17 requirement established by this Section, his or her
18 membership on the Board shall be deemed to have terminated by
19 operation of law. Of the members first appointed by the
20 Governor, 4 shall be appointed for terms to expire on the
21 third Monday in January, 1999, and 3 shall be appointed for
22 terms to expire on the third Monday in January, 2001. If the
23 Senate is not in session on the effective date of this
24 Article, or if a vacancy in an appointive membership occurs
25 at a time when the Senate is not in session, the Governor
26 shall make temporary appointments until the next meeting of
27 the Senate when he shall nominate persons to fill such
28 memberships for the remainder of their respective terms. No
29 more than 4 of the members appointed by the Governor shall be
30 affiliated with the same political party. Each member
31 appointed by the Governor must be a resident of this State.
32 A failure to meet or maintain this residency requirement
33 constitutes a resignation from and creates a vacancy in the
34 Board. Upon the expiration of the terms of members appointed
-464- LRB9203186EGfg
1 by the Governor, their respective successors shall be
2 appointed for terms of 6 years from the third Monday in
3 January of each odd-numbered year. Any members appointed to
4 the Board shall continue to serve in such capacity until
5 their successors are appointed and qualified.
6 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
7 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
8 (110 ILCS 685/30-25)
9 Sec. 30-25. Officers; meetings. Members of the Board
10 shall elect annually by secret ballot from their own number a
11 chairman who shall preside over meetings of the Board and a
12 secretary.
13 Meetings of the Board shall be held at least once each
14 quarter on the campus of Northern Illinois University at
15 Dekalb, Illinois or on any other University-owned property
16 located in the State. At all regular meetings of the Board,
17 a majority of its members shall constitute a quorum. The
18 student member shall have all of the privileges of
19 membership, including the right to make and second motions,
20 to attend executive sessions, and to vote on all Board
21 matters except those involving faculty tenure, faculty
22 promotion or any issue on which the student member has a
23 direct conflict of interest. Unless the student member is
24 entitled to vote on a measure at a meeting of the Board or
25 any of its committees, he or she shall not be considered a
26 member for the purpose of determining whether a quorum is
27 present at the time that measure is voted upon. No action of
28 the Board shall be invalidated by reason of any vacancies on
29 the Board or by reason of any failure to select a student
30 member.
31 Special meetings of the Board may be called by the
32 chairman of the Board or by any 3 members of the Board.
33 At each regular and special meeting that is open to the
-465- LRB9203186EGfg
1 public, members of the public and employees of the University
2 shall be afforded time, subject to reasonable constraints, to
3 make comments to or ask questions of the Board.
4 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
5 91-778, eff. 1-1-01; revised 6-23-00.)
6 Section 50.9. The Western Illinois University Law is
7 amended by changing Sections 35-15 and 35-25 as follows:
8 (110 ILCS 690/35-15)
9 Sec. 35-15. Membership; terms; vacancies. The Board
10 shall consist of 7 voting members appointed by the Governor,
11 by and with the advice and consent of the Senate, and one
12 voting member who is a student at Western Illinois
13 University. The student member shall be chosen by a
14 campus-wide student election. The student member shall serve
15 a term of one year beginning on July 1 of each year, except
16 that the student member initially selected shall serve a term
17 beginning on the date of his or her selection and expiring on
18 the next succeeding June 30. To be eligible to remain as a
19 student member of the Board, the student member must be a
20 resident of this State, must have and maintain a grade point
21 average that is equivalent to at least 2.5 on a 4.0 scale,
22 and must be a full time student enrolled at all times during
23 his or her term of office except for that part of the term
24 which follows the completion of the last full regular
25 semester of an academic year and precedes the first full
26 regular semester of the succeeding academic year at the
27 university (sometimes commonly referred to as the summer
28 session or summer school). If a student member serving on
29 the Board fails to continue to meet or maintain the
30 residency, minimum grade point average, or enrollment
31 requirement established by this Section, his or her
32 membership on the Board shall be deemed to have terminated by
-466- LRB9203186EGfg
1 operation of law. Of the members first appointed by the
2 Governor, 4 shall be appointed for terms to expire on the
3 third Monday in January, 1999, and 3 shall be appointed for
4 terms to expire on the third Monday in January, 2001. If the
5 Senate is not in session on the effective date of this
6 Article, or if a vacancy in an appointive membership occurs
7 at a time when the Senate is not in session, the Governor
8 shall make temporary appointments until the next meeting of
9 the Senate when he shall nominate persons to fill such
10 memberships for the remainder of their respective terms. No
11 more than 4 of the members appointed by the Governor shall be
12 affiliated with the same political party. Each member
13 appointed by the Governor must be a resident of this State.
14 A failure to meet or maintain this residency requirement
15 constitutes a resignation from and creates a vacancy in the
16 Board. Upon the expiration of the terms of members appointed
17 by the Governor, their respective successors shall be
18 appointed for terms of 6 years from the third Monday in
19 January of each odd-numbered year. Any members appointed to
20 the Board shall continue to serve in such capacity until
21 their successors are appointed and qualified.
22 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
23 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
24 (110 ILCS 690/35-25)
25 Sec. 35-25. Officers; meetings. Members of the Board
26 shall elect annually by secret ballot from their own number a
27 chairman who shall preside over meetings of the Board and a
28 secretary.
29 Meetings of the Board shall be held at least once each
30 quarter on the campus of Western Illinois University at
31 Macomb, Illinois. At all regular meetings of the Board, a
32 majority of its members shall constitute a quorum. The
33 student member shall have all of the privileges of
-467- LRB9203186EGfg
1 membership, including the right to make and second motions,
2 to attend executive sessions, and to vote on all Board
3 matters except those involving faculty tenure, faculty
4 promotion or any issue on which the student member has a
5 direct conflict of interest. Unless the student member is
6 entitled to vote on a measure at a meeting of the Board or
7 any of its committees, he or she shall not be considered a
8 member for the purpose of determining whether a quorum is
9 present at the time that measure is voted upon. No action of
10 the Board shall be invalidated by reason of any vacancies on
11 the Board or by reason of any failure to select a student
12 member.
13 Special meetings of the Board may be called by the
14 chairman of the Board or by any 3 members of the Board.
15 At each regular and special meeting that is open to the
16 public, members of the public and employees of the University
17 shall be afforded time, subject to reasonable constraints, to
18 make comments to or ask questions of the Board.
19 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
20 91-778, eff. 1-1-01; revised 6-23-00.)
21 Section 51. The Public Community College Act is amended
22 by setting forth and renumbering multiple versions of Section
23 2-16.04 as follows:
24 (110 ILCS 805/2-16.04)
25 Sec. 2-16.04. Video Conferencing User Fund. The Video
26 Conferencing User Fund is created as a special fund in the
27 State treasury. The State Board may charge a fee to other
28 State agencies and non-State entities for the use of the
29 State Board's video conferencing facilities. This fee shall
30 be deposited into the Video Conferencing User Fund. All
31 money in the Video Conferencing User Fund shall be used,
32 subject to appropriation, by the State Board to pay for
-468- LRB9203186EGfg
1 telecommunications charges as billed by the Department of
2 Central Management Services and upgrades to the system as
3 needed.
4 (Source: P.A. 91-44, eff. 7-1-99.)
5 (110 ILCS 805/2-16.05)
6 Sec. 2-16.05. 2-16.04. The Academic Improvement Trust
7 Fund for Community College Foundations.
8 (a) The Academic Improvement Trust Fund for Community
9 College Foundations is created in the State treasury. All
10 moneys transferred, credited, deposited, or otherwise paid to
11 the Fund as provided in this Section shall be promptly
12 invested by the State Treasurer in accordance with law, and
13 all interest and other earnings accruing or received thereon
14 shall be credited and paid to the Fund. No moneys, interest,
15 or earnings transferred, credited, deposited, or otherwise
16 paid to the Academic Improvement Trust Fund for Community
17 College Foundations shall be transferred or allocated by the
18 Comptroller or Treasurer to any other fund, nor shall the
19 Governor authorize any such transfer or allocation, nor shall
20 any moneys, interest, or earnings transferred, credited,
21 deposited, or otherwise paid to the Fund be used, temporarily
22 or otherwise, for interfund borrowing, or be otherwise used
23 or appropriated, except to encourage private support in
24 enhancing community college foundations by providing
25 community college foundations with the opportunity to receive
26 and match challenge grants as provided in this Section.
27 (b) On the first day of fiscal year 2000 and each fiscal
28 year thereafter, or as soon thereafter as may be practicable,
29 the Comptroller shall order the transfer and the Treasurer
30 shall transfer from the General Revenue Fund to the Academic
31 Improvement Trust Fund for Community College Foundations the
32 amount of the fiscal year appropriation made to the State
33 Board for making challenge grants to community college
-469- LRB9203186EGfg
1 foundations as provided in this Section.
2 (c) For each fiscal year in which an appropriation and
3 transfer are made as provided in subsection (b), moneys
4 sufficient to provide each community college foundation with
5 the opportunity to match at least one $25,000 challenge grant
6 shall be reserved from moneys in the Academic Improvement
7 Trust Fund for Community College Foundations, and the balance
8 of the moneys in the Fund shall be available for matching by
9 any community college foundation. Moneys in the Academic
10 Improvement Trust Fund for Community College Foundations that
11 remain unmatched by contribution or pledge on April 1 of the
12 fiscal year in which an appropriation and transfer are made
13 as provided in subsection (b) shall also be available for
14 matching by any community college foundation, along with any
15 interest or earnings accruing to the unmatched portion of the
16 Fund. If for any fiscal year in which an appropriation and
17 transfer are made as provided in subsection (b) there are not
18 sufficient moneys which may be reserved in the Academic
19 Improvement Trust Fund for Community College Foundations to
20 provide each community college foundation with the
21 opportunity to match at least one $25,000 challenge grant,
22 the amount of the challenge grant that each community college
23 foundation shall have the opportunity to match for the fiscal
24 year shall be reduced from $25,000 to an amount equal to the
25