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92_HB0708eng HB0708 Engrossed 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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. HB0708 Engrossed -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 The following Acts are repealed December 31, 5 1999: 6 The Fire Equipment Distributor and Employee Regulation 7 Act. 8 The Land Sales Registration Act of 1989. 9 (Source: P.A. 91-91, eff.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. ActsActrepealed on January 1, 2010December1431, 2009. The following Acts areAct isrepealed on January 15 1, 2010December 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 TheIllinoisOrthotics, 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.) HB0708 Engrossed -3- LRB9203186EGfg 1 (5 ILCS 80/4.21) 2 Sec. 4.21. ActsActrepealed on January 1, 2011. The 3 following Acts areAct isrepealed 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 HB0708 Engrossed -4- LRB9203186EGfg 1 waived under Section 10-7010-75and 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 30person, including the name, age, address, and photograph, 31 when and if available. 32 (2) Information detailing any charges relating to HB0708 Engrossed -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 6of 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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). HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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) IfThe number of signatures requiredfor a 20 candidate for judicial office in a district, circuit, or 21 subcircuit, by a number of primary electors at least 22 equal toshall be0.25% 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 fewershall be28lessthan 500signatures. 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 HB0708 Engrossed -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. HB0708 Engrossed -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 residedthe 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 oathas 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. HB0708 Engrossed -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)ToSeek 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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. 52952). 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 HB0708 Engrossed -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 ANDGENERAL 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 HB0708 Engrossed -58- LRB9203186EGfg 1 Illinois consists of the following Articles: 2 Article 1.Short title andGeneral 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/ 11250/). 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/). HB0708 Engrossed -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 5-5009.31. 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) HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 time5-335 Lawor 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 time5-395 Lawor 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; HB0708 Engrossed -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; HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 administratoror shemay 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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 follows: 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. HB0708 Engrossed -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 51030, 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.) HB0708 Engrossed -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 HB0708 Engrossed -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 IllinoisAdvancedTechnology 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 informand adviseconsumers 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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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-CommunityLabor-ManagementCooperation 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 one1business representative and one1labor representative 32 as cochairmen. Appointed members shall not be represented at 33 a meeting by another person. There shall be 9 ex officio HB0708 Engrossed -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 HB0708 Engrossed -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.; and31 (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 HB0708 Engrossed -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-communitylabor-managementcommittees. 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 thefollowing 4areasas19 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. HB0708 Engrossed -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 HB0708 Engrossed -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% HB0708 Engrossed -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 provideGrants 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 provideGrants to initiate or support 33 recently created employer-led coalitions to establish pilot 34 projects that promote the understanding of the work and HB0708 Engrossed -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 IssuesLabor10Management 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 shall8be in effect for 30 calendar years or for a lesser number of9years 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 HB0708 Engrossed -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.) HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -104- LRB9203186EGfg 1 Regulation. 2 "Director" means the Director of Professional Regulation. 3 (b) In the construction of this Section and Sections 42105-10,2105-15, 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 HB0708 Engrossed -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 HB0708 Engrossed -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-Supportof30 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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 2105-10060cfor 31 the service of the citation. 32 (b) Within 20 days after the service required under HB0708 Engrossed -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 2105-11560f, 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 2105-32560a, 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 HB0708 Engrossed -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. HB0708 Engrossed -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.) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -119- LRB9203186EGfg 1 under Section 2310-42555.66of 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 2310-42555.66of 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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,that25 the following information must be made available to the news 26 media for inspection and copying: 27 (1)(a)Information that identifies the individual 28person, 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. HB0708 Engrossed -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 9paragraphmust 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 this14paragraph, 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 Sectionparagraph, 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 Sectionparagraphdo not 34 supersede the confidentiality provisions for arrest records HB0708 Engrossed -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. 537.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 Sectionparagraph. The 12 Department may prescribe the form and manner for requesting 13 and furnishing conviction information under this Section 14paragraph. 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. 1837.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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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; HB0708 Engrossed -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 31theState regardless of public jurisdictional responsibility 32 or private ownership. HB0708 Engrossed -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 HB0708 Engrossed -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, 10tenyears, 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 principalprinciplepolicy 32 issues that affect estimated capital investment needs, 33 including but not limited to, economic development policy, HB0708 Engrossed -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 HB0708 Engrossed -138- LRB9203186EGfg 1 contractor; and (iv) the failure to comply with State law 2 including, without limitation, theMinority and Female3 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 inparagraph (e) ofSection 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, HB0708 Engrossed -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 provideacomplete, 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 HB0708 Engrossed -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 HB0708 Engrossed -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.) HB0708 Engrossed -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) HB0708 Engrossed -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.) HB0708 Engrossed -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. The5.490.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. The5.490.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 HB0708 Engrossed -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. The5.490.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) HB0708 Engrossed -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. The5.490.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. The5.491.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. The5.492.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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, andthe Bond Authorization Actbe 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 mandatesmandate. 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 91-651this amendatory Act of the 91st21General 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 91-102this amendatory Act of the 91st General27Assembly. 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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 andofsubchapter 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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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) 11201(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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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.) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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' HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 Law46.6d18of 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 HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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;and14 (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; HB0708 Engrossed -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 HB0708 Engrossed -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 isAll 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; HB0708 Engrossed -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 itemPart(6) of Section 7 of Article VII of the Illinois 6 Constitution,or in item (2) of subsection (l)Part (2),7paragraph Lof Section 6 of Article VII,of the Illinois 8 Constitution to provide special services, a tax to provide 9 those special servicesserviceor 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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, 20002006, 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 25telecomunicationsretailer 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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 theMinority and FemaleBusiness 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 HB0708 Engrossed -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 HB0708 Engrossed -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-Stateout of Stateservice 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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 16-15216-151, 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 HB0708 Engrossed -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). HB0708 Engrossed -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 HB0708 Engrossed -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 11person, 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 6of 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; HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -331- LRB9203186EGfg 1 service are exempt from subsection (a).20002 (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. HB0708 Engrossed -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. HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 ofor21 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: HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, HB0708 Engrossed -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: HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 30Minority and FemaleBusiness 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 principalprincipleand 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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.) HB0708 Engrossed -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 HB0708 Engrossed -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 definedprovidedin theMinority and26FemaleBusiness 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.) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, 262-3.126,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 HB0708 Engrossed -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 2-3.1302-3.126of 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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 2-3.1302-3.126of 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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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; HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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. HB0708 Engrossed -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 HB0708 Engrossed -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 91st19General 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 91-405House Bill 23023of 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 HB0708 Engrossed -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) HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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.) HB0708 Engrossed -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 2-3.130 272-3.126of 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; HB0708 Engrossed -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. HB0708 Engrossed -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 15person, 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 6of 32 subsection (a), however, may be withheld if it is determined HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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, HB0708 Engrossed -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, HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 HB0708 Engrossed -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 e