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Public Act 91-0239
HB0236 Enrolled LRB9100031DJcdA
AN ACT to revise the Civil Administrative Code of
Illinois.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. REVISORY PROVISIONS
Section 1-5. Purpose. The purpose of this amendatory Act
is to revise the Civil Administrative Code of Illinois by
renumbering and rearranging the provisions of that Code,
making only nonsubstantive and technical changes.
Section 1-10. Prior law.
(a) A provision revised and continued in the Civil
Administrative Code of Illinois by this amendatory Act shall
be construed as a continuation of the prior law and not as a
new or different law.
(b) A citation in an Act other than the Civil
Administrative Code of Illinois to a Section of that Code
that is renumbered and continued in that Code by this
amendatory Act shall be construed to be a citation to that
renumbered and continued provision in that Code.
(c) Section 46.20 of the Civil Administrative Code of
Illinois (20 ILCS 605/46.20), which authorizes the
Department of Commerce and Community Affairs to make rules
and regulations, duplicates Section 46.42 of the Code (20
ILCS 605/46.42). Section 46.20 is therefore redundant and is
repealed without being continued in the Code. Section 46.42
is continued in the Code at 20 ILCS 605/605-95.
Section 1-15. Other Acts of the General Assembly. If any
other Act of the General Assembly changes, adds, or repeals a
provision of prior law that is renumbered and continued in
the Civil Administrative Code of Illinois by this amendatory
Act, then that change, addition, or repeal in the other Act
shall be construed together with the Civil Administrative
Code of Illinois as amended by this amendatory Act.
Section 1-20. Matters of form.
(a) The parenthetic citation before a new Article
heading or new Section in the Form "(XX ILCS XX/Art. XX
heading new)" or "(XX ILCS XX/XX new)" (i) is an
informational reference to the citation of the new Article
heading or new Section in the Illinois Compiled Statutes and
(ii) is not part of the text of the law.
(b) The parenthetic citation before a new Section in the
form "(was XX ILCS XX/XX)" (i) is an informational reference
to the prior law from which the new Section is derived and
(ii) is not part of the text of the law.
(c) In the text of a new Section, (i) matter that is
stricken indicates a deletion from the prior law and (ii)
matter that is underscored indicates an addition to the prior
law. The purpose of striking and underscoring in this manner
is to clearly indicate all changes to prior laws that are
being renumbered and continued in the Civil Administrative
Code of Illinois. Matter in the text of a new Section that
is not stricken or underscored is matter being continued in
the Code with no changes.
(d) The parenthetic citation after a Section in the form
"(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
is an informational reference to the most recent sources of
the continued text in the Session Laws of Illinois and (ii)
is not part of the text of the law.
Section 1-25. Home rule; mandates. No provision
incorporated into the Civil Administrative Code of Illinois
by this amendatory Act (i) is a denial of or limitation on
home rule powers if no denial or limitation existed under
prior law or (ii) creates a State mandate under the State
Mandates Act if no mandate existed under prior law.
Section 1-30. Titles; Articles; captions. The language
contained in the Titles, Article headings, and Section and
subsection captions in this Code:
(1) is intended only as a general description that is not
a part of the substantive provisions of this Code;
(2) does not take precedence over the content of the
substantive provisions of this Code; and
(3) shall not be used in construing the meaning of the
substantive provisions of this Code.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-5. The Civil Administrative Code of Illinois
is amended by changing and renumbering and, in part,
resectioning the Sections of the Code and by adding certain
Article headings and Sections to the Code as follows:
(20 ILCS 5/Art. 1 heading new)
ARTICLE 1. SHORT TITLE
AND GENERAL PROVISIONS
(20 ILCS 5/1-1 new)
(was 20 ILCS 5/1) (from Ch. 127, par. 1)
Sec. 1-1. Short title. 1. This Act may be cited as the
Civil Administrative Code of Illinois.
(Source: P.A. 86-1475.)
(20 ILCS 5/1-5 new)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. Short title and general provisions (20 ILCS
5/1-1 and following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 50/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 250/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Community Affairs
Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(20 ILCS 5/Art. 5 heading new)
ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
(20 ILCS 5/5-1 new)
Sec. 5-1. Article short title. This Article 5 of the
Civil Administrative Code of Illinois may be cited as the
Departments of State Government Law.
(20 ILCS 5/5-5 new)
(was 20 ILCS 5/2) (from Ch. 127, par. 2)
Sec. 5-5. "Department". 2. The word "department," As used
in the Civil Administrative Code of Illinois this Act shall,
unless the context otherwise clearly indicates, the word
"department" means mean the several departments of the State
government as designated in Section 5-15 3 of this Law Act,
and none other.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-10 new)
(was 20 ILCS 5/2.1)
Sec. 5-10. "Director". 2.1. As used in the Civil
Administrative this Code of Illinois, unless the context
clearly indicates otherwise, the word "director" means the
several directors of the departments of State government as
designated in Section 5-20 4 of this Law Code and includes
the Secretary of Human Services and the Secretary of
Transportation.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-15 new)
(was 20 ILCS 5/3) (from Ch. 127, par. 3)
Sec. 5-15. Departments of State government. 3. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Community Affairs.
The Department of Corrections.
The Department of Employment Security.
The Department of Financial Institutions.
The Department of Human Rights.
The Department of Human Services.
The Department of Insurance.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Nuclear Safety.
The Department of Professional Regulation.
The Department of Public Aid.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
The Department of Agriculture;
The Department of Labor;
The Department of Transportation;
The Department of Human Services;
The Department of Public Health;
The Department of Professional Regulation;
The Department of Natural Resources;
The Department of Insurance;
The Department of State Police;
The Department of Corrections;
The Department of Revenue;
The Department of Financial Institutions;
The Department of Public Aid;
The Department of Children and Family Services;
The Department of Commerce and Community Affairs;
The Department of Central Management Services;
The Department on Aging;
The Department of Veterans' Affairs;
The Department of Nuclear Safety;
The Department of Human Rights;
The Department of Employment Security;
The Department of the Lottery.
(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
(20 ILCS 5/5-20 new)
(was 20 ILCS 5/4) (from Ch. 127, par. 4)
Sec. 5-20. Heads of departments. 4. Each department
shall have an officer as its head who shall be known as
director or secretary and who shall, subject to the
provisions of the Civil Administrative Code of Illinois this
Act, execute the powers and discharge the duties vested by
law in his or her respective department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Community Affairs, for the
Department of Commerce and Community Affairs.
Director of Corrections, for the Department of
Corrections.
Director of Employment Security, for the Department of
Employment Security.
Director of Financial Institutions, for the Department of
Financial Institutions.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Director of Insurance, for the Department of Insurance.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Nuclear Safety, for the Department of Nuclear
Safety.
Director of Professional Regulation, for the Department
of Professional Regulation.
Director of Public Aid, for the Department of Public Aid.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
Director of Agriculture, for the Department of
Agriculture;
Director of Labor, for the Department of Labor;
Secretary of Transportation, for the Department of
Transportation;
Secretary of Human Services, for the Department of Human
Services;
Director of Public Health, for the Department of Public
Health;
Director of Professional Regulation, for the Department
of Professional Regulation;
Director of Natural Resources, for the Department of
Natural Resources;
Director of Insurance, for the Department of Insurance;
Director of State Police, for the Department of State
Police;
Director of Corrections, for the Department of
Corrections;
Director of Revenue, for the Department of Revenue;
Director of Financial Institutions, for the Department of
Financial Institutions;
Director of Children and Family Services, for the
Department of Children and Family Services;
Director of Public Aid, for the Department of Public Aid;
Director of Commerce and Community Affairs, for the
Department of Commerce and Community Affairs;
Director of Central Management Services, for the
Department of Central Management Services;
Director of Aging, for the Department on Aging;
Director of Veterans' Affairs, for the Department of
Veterans' Affairs;
Director of Human Rights, for the Department of Human
Rights;
Director of Nuclear Safety, for the Department of Nuclear
Safety;
Director of Employment Security, for the Department of
Employment Security;
Director of the Lottery, for the Department of the
Lottery.
(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
(20 ILCS 5/5-95 new)
(was 20 ILCS 5/34) (from Ch. 127, par. 34)
Sec. 5-95. Pending actions and proceedings. 34. Neither
the Civil Administrative Code of Illinois nor this Act or any
amendments to the Code thereto shall not affect any act done,
ratified, or confirmed, or any right accrued or established,
or any action or proceeding had or commenced in a civil or
criminal cause before the Code this Act or any amendments to
the Code take thereto takes effect. Those; but such actions
or proceedings may be prosecuted and continued by the
department having jurisdiction, under the Code this Act or
any amendments to the Code, thereto of the subject matter to
which the such litigation or proceeding pertains.
(Source: Laws 1925, p. 585.)
(20 ILCS 5/5-100 new)
(was 20 ILCS 5/5) (from Ch. 127, par. 5)
Sec. 5-100. Executive and administrative officers,
boards, and commissions. 5. In addition to the directors of
departments, the following executive and administrative
officers, boards, and commissions designated in the Sections
following this Section and preceding Section 5-200 are
created. These, which officers, boards, and commissions in
the respective departments shall hold offices created and
designated in those Sections 5.01 to 5.13j, each inclusive.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-105 new)
(was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
Sec. 5-105. Direction, supervision, and control of
officers. Each officer 5.14. The officers named in the
Sections following Section 5-100 and preceding Section 5-200
5.01 to 5.13j shall, except as otherwise provided in the
Civil Administrative Code of Illinois this Act, be under the
direction, supervision, and control of the director or
secretary of the officer's their respective department
departments and shall perform the such duties prescribed by
as the director or secretary shall prescribe.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-110 new)
(was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
Sec. 5-110. 5.02. In the Department of Agriculture.
Assistant Director of Agriculture.
(Source: P.A. 80-594.)
(20 ILCS 5/5-115 new)
(was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
Sec. 5-115. 5.13e. In the Department of Central
Management Services. Two Assistant Directors of Central
Management Services.
(Source: P.A. 82-789.)
(20 ILCS 5/5-120 new)
(was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
Sec. 5-120. 5.13g. In the Department of Commerce and
Community Affairs. Assistant Director of Commerce and
Community Affairs.
(Source: P.A. 81-1509.)
(20 ILCS 5/5-125 new)
(was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
Sec. 5-125. 5.13i. In the Department of Employment
Security. The board of review, which shall consist of 5 five
members, 2 two of whom shall be representative citizens
chosen from the employee class, 2 two of whom shall be
representative citizens chosen from the employing class, and
one of whom shall be a representative citizen not identified
with either the employing or employee classes.
(Source: P.A. 84-1240.)
(20 ILCS 5/5-130 new)
(was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
Sec. 5-130. 5.13b. In the Department of Financial
Institutions. Assistant Director of Financial Institutions.
(Source: Laws 1959, p. 2245.)
(20 ILCS 5/5-135 new)
(was 20 ILCS 5/5.13j)
Sec. 5-135. 5.13j. In the Department of Human Services.
There shall be 2 Assistant Secretaries of Human Services.
Their initial terms shall run from the date of appointment
until January 18, 1999, and until their successors have been
appointed and have qualified. Thereafter, their terms shall
be as provided in Section 5-605 12 of this Law Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-140 new)
(was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
Sec. 5-140. 5.10 In the Department of Insurance.
Assistant Director of Insurance.
(Source: Laws 1953, p. 82, 567, and 916.)
(20 ILCS 5/5-145 new)
(was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
Sec. 5-145. 5.03. In the Department of Labor. Assistant
Director of Labor; Chief Factory Inspector; and
Superintendent of Safety Inspection and Education.
(Source: P.A. 83-1503.)
(20 ILCS 5/5-150 new)
(was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
Sec. 5-150. 5.09. In the Department of Natural Resources.
Assistant Director of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-155 new)
(was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
Sec. 5-155. 5.04. In the Office of Mines and Minerals of
the Department of Natural Resources. In the Office of Mines
and Minerals of the Department of Natural Resources, there
shall be a State Mining Board, which shall consist of 6 six
officers designated as mine officers and the Director of the
Office of Mines and Minerals. Three officers shall be
representatives of the employing class and 3 of the employee
class. The 6 mine officers shall be qualified as follows:
(1) A. Two mine officers from the employing class
shall have at least 4 years experience in a supervisory
capacity in an underground coal mine and each shall hold
a certificate of competency as a mine examiner or mine
manager.
(2) B. The third mine officer from the employing
class shall have at least 4 years experience in a
supervisory capacity in a surface coal mine.
(3) C. Two mine officers from the employee class
shall have 4 years experience in an underground coal mine
and shall hold a first class certificate of competency.
(4) D. The third mine officer from the employee
class shall have at least 4 years experience in a surface
coal mine.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-160 new)
(was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
Assistant Director of Nuclear Safety.
(Source: P.A. 82-783.)
(20 ILCS 5/5-165 new)
(was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
Sec. 5-165. 5.13c. In the Department of Public Aid.
Assistant Director of Public Aid.
(Source: Laws 1963, p. 2055.)
(20 ILCS 5/5-170 new)
(was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
Sec. 5-170. 5.07. In the Department of Public Health.
Assistant Director of Public Health.
(Source: Laws 1953, p. 82, 567, and 916.)
(20 ILCS 5/5-175 new)
(was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
Sec. 5-175. 5.12. In the Department of Revenue. Assistant
Director of Revenue; and State Lottery Superintendent.
(Source: P.A. 83-1250.)
(20 ILCS 5/5-180 new)
(was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
Sec. 5-180. 5.11. In the Department of State Police.
Assistant Director of State Police.
(Source: P.A. 84-25.)
(20 ILCS 5/5-185 new)
(was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
Sec. 5-185. 5.05. In the Department of Transportation.
Assistant Secretary of Transportation.
(Source: P.A. 77-153.)
(20 ILCS 5/5-190 new)
(was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
Sec. 5-190. 5.01a. In the Department of Veterans'
Affairs. Assistant Director of Veterans' Affairs.
(Source: P.A. 79-376.)
(20 ILCS 5/5-200 new)
(was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
Sec. 5-200. 7.11. Director of Aging. The Director of
Aging shall be a senior citizen, as that such term is defined
in the "Illinois Act on the Aging", enacted by the
Seventy-eighth General Assembly, as now or hereafter amended,
who has sufficient experience in providing services to the
aging.
(Source: P.A. 78-242.)
(20 ILCS 5/5-210 new)
(was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
Sec. 5-210. 7.08. Director of Children and Family
Services. The Director of Children and Family Services shall
be qualified by professional education and experience to
administer the Department.
(Source: Laws 1963, p. 1055.)
(20 ILCS 5/5-215 new)
(was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
Sec. 5-215. Director and Assistant Director of Financial
Institutions. 7.06. The Director and Assistant Director of
Financial Institutions shall be persons thoroughly conversant
with the theory and practice of the business and purposes of
financial institutions.
(Source: Laws 1959, p. 2245.)
(20 ILCS 5/5-220 new)
(was 20 ILCS 5/7.07b)
Sec. 5-220. 7.07b. Secretary of Human Services. The
initial term of the Secretary of Human Services shall run
from the date of appointment until January 18, 1999, and
until a successor has been appointed and has qualified.
Thereafter, terms shall be as provided in Section 5-605 12 of
this Law Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-225 new)
(was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
Sec. 5-225. In the Department of Professional Regulation.
7.04. Neither the Director, nor any other executive and
administrative officer in the Department of Professional
Regulation shall be affiliated with any college or school
that which prepares individuals for licensure in any
profession or occupation regulated by the Department, either
as teacher, officer, or stockholder, nor shall the director
or other executive and administrative officer he hold a
license or certificate to exercise or practice any of the
professions, trades, or occupations regulated.
(Source: P.A. 85-225.)
(20 ILCS 5/5-230 new)
(was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
Sec. 5-230. 7.09. Director and Assistant Director of
Public Aid. The Director of Public Aid shall (1) have
substantial experience in responsible positions requiring
skill in administration and fiscal management, and (2) be
actively interested in the development of effective programs
for the alleviation of poverty and the reduction of
dependency and social maladjustment.
The Assistant Director of Public Aid shall have the same
general qualifications as those set forth for the Director of
Public Aid in clauses (1) and (2) of the preceding paragraph
above.
(Source: P.A. 81-1256.)
(20 ILCS 5/5-235 new)
(was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
Sec. 5-235. In the Department of Public Health. 7.03. The
Director of Public Health shall be a physician licensed to
practice medicine in all of its branches in Illinois.
The Assistant Director of Public Health shall be a person
who has administrative experience in public health work.
(Source: P.A. 87-633.)
(20 ILCS 5/5-300 new)
(was 20 ILCS 5/9) (from Ch. 127, par. 9)
Sec. 5-300. Officers' qualifications and salaries. 9. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed
by law and shall receive annual salaries, payable in equal
monthly installments, as designated in the Sections following
this Section and preceding Section 5-500 9.01 through 9.25.
(Source: P.A. 81-1516.)
(20 ILCS 5/5-305 new)
(was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
Sec. 5-305. Officers' tuition reimbursement. 9.01.
Officers may receive tuition reimbursement for continuing
education programs at accredited colleges and universities.
Reimbursement of a department head's tuition shall be limited
to reimbursement for 4 or fewer course hours per semester,
shall require the Governor's approval of enrollment with
certification that participation will benefit the State, and
shall require proof of satisfactory completion of the course
prior to reimbursement.
(Source: P.A. 84-500.)
(20 ILCS 5/5-310 new)
(was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
Sec. 5-310. 9.21. In the Department on of Aging. The
Director of Aging shall receive $35,200 from the third Monday
in January, 1979 to the third Monday in January, 1980;
$37,300 from the third Monday in January, 1980 to the third
Monday in January, 1981; $39,500 from the third Monday in
January, 1981 to the third Monday in January, 1982, and
$40,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-315 new)
(was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
Sec. 5-315. 9.02. In the Department of Agriculture. The
Director of Agriculture shall receive $38,500 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Agriculture shall receive
$33,000 from the third Monday in January, 1979 to the third
Monday in January, 1980; $34,900 from the third Monday in
January, 1980 to the third Monday in January, 1981 and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-320 new)
(was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
Sec. 5-320. 9.19. In the Department of Central
Management Services. The Director of Central Management
Services shall receive $52,000 annually, or an amount set by
the Compensation Review Board, whichever is greater.;
Each Assistant Director of Central Management Services
shall receive $40,000 annually, or an amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-325 new)
(was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
Sec. 5-325. 9.16. In the Department of Children and
Family Services. The Director of Children and Family
Services shall receive an annual salary of $76,991 or as set
by the Compensation Review Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/5-330 new)
(was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
Sec. 5-330. 9.18. In the Department of Commerce and
Community Affairs. The Director of Commerce and Community
Affairs shall receive $41,800 annually from the date of his
appointment to the third Monday in January, 1980; $44,300
from the third Monday in January, 1980 to the third Monday in
January, 1981; and $46,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Commerce and Community Affairs
shall receive $35,200 annually from the date of his
appointment to the third Monday in January, 1980; $37,300
from the third Monday in January, 1980 to the third Monday in
January, 1981, and $39,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-335 new)
(was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
Sec. 5-335. 9.11a. In the Department of Corrections. The
Director of Corrections shall receive an annual salary of
$85,000 or as set by the Compensation Review Board, whichever
is greater.
The Assistant Director of Corrections - Juvenile Division
shall receive $35,200 from the third Monday in January, 1979
to the third Monday in January, 1980; $37,300 from the third
Monday in January, 1980 to the third Monday in January, 1981,
and $39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
The Assistant Director of Corrections - Adult Division
shall receive $35,200 from the third Monday in January, 1979
to the third Monday in January, 1980; $37,300 from the third
Monday in January, 1980 to the third Monday in January, 1981,
and $39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/5-340 new)
(was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
Sec. 5-340. 9.30. In the Department of Employment
Security. The Director of Employment Security shall receive
an annual salary of $53,500, or an amount set by the
Compensation Review Board, whichever is greater.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 84-26.)
(20 ILCS 5/5-345 new)
(was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
Sec. 5-345. 9.15. In the Department of Financial
Institutions. The Director of Financial Institutions shall
receive $38,500 from the third Monday in January, 1979 to the
third Monday in January, 1980; $40,800 from the third Monday
in January, 1980 to the third Monday in January, 1981, and
$43,000 thereafter or as set by the Compensation Review
Board, whichever is greater.;
The Assistant Director of Financial Institutions shall
receive $33,000 from the third Monday in January, 1979 to the
third Monday in January, 1980; $34,900 from the third Monday
in January, 1980 to the third Monday in January 1981, and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-350 new)
(was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
Sec. 5-350. In the Department of Human Rights. 9.24. The
Director of Human Rights shall receive $44,000 or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-355 new)
(was 20 ILCS 5/9.05a)
Sec. 5-355. 9.05a. In the Department of Human Services.
The Secretary of Human Services shall receive an annual
salary equal to the salary payable to the Director of
Corrections under Section 5-335 9.11a of this Law Code, or
such other amount as may be set by the Compensation Review
Board.
The Assistant Secretaries of Human Services shall each
receive an annual salary equal to the salary payable to an
Assistant Director of Public Aid under Section 5-395 9.17 of
this Law Code, or such other amount as may be set by the
Compensation Review Board.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-360 new)
(was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
Sec. 5-360. 9.10. In the Department of Insurance. The
Director of Insurance shall receive $38,500 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Insurance shall receive $30,800
from the third Monday in January, 1979 to the third Monday in
January, 1980; $32,600 from the third Monday in January, 1980
to the third Monday in January, 1981; $34,600 from the third
Monday in January, 1981 to the third Monday in January, 1982,
and $36,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-365 new)
(was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
Sec. 5-365. 9.03. In the Department of Labor. The
Director of Labor shall receive $38,500 from the third Monday
in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Labor shall receive $33,000
from the third Monday in January, 1979 to the third Monday in
January, 1980; $34,900 from the third Monday in January, 1980
to the third Monday in January, 1981, and $37,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.;
The Chief Factory Inspector shall receive $24,700 from
the third Monday in January, 1979 to the third Monday in
January, 1980, and $25,000 thereafter, or as set by the
Compensation Review Board, whichever is greater.;
The Superintendent of Safety Inspection and Education
shall receive $27,500, or as set by the Compensation Review
Board, whichever is greater.;
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979
to the third Monday in January, 1980, and $22,500 thereafter,
or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 83-1177; 83-1503.)
(20 ILCS 5/5-370 new)
(was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
Sec. 5-370. 9.31. In the Department of the Lottery. The
Director of the Lottery shall receive an annual salary of
$39,000, or an amount set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 84-1438.)
(20 ILCS 5/5-375 new)
(was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
Sec. 5-375. 9.09. In the Department of Natural Resources.
The Director of Natural Resources shall continue to receive
the annual salary set by law for the Director of Conservation
until January 20, 1997. Beginning on that date, the Director
of Natural Resources shall receive an annual salary of
$40,000 or the amount set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Natural Resources shall
continue to receive the annual salary set by law for the
Assistant Director of Conservation until January 20, 1997.
Beginning on that date, the Assistant Director of Natural
Resources shall receive an annual salary of $33,000 or the
amount set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-380 new)
(was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
Sec. 5-380. 9.04. In the Office of Mines and Minerals of
the Department of Natural Resources. Each mine officer shall
receive $7,500 or the amount set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-385 new)
(was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
Sec. 5-385. 9.25. In the Department of Nuclear Safety.
The Director of Nuclear Safety shall receive $45,000 or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-390 new)
(was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
Sec. 5-390. 9.08. In the Department of Professional
Regulation. The Director of Professional Regulation shall
receive $35,200 from the third Monday in January, 1979 to the
third Monday in January, 1980; $37,300 from the third Monday
in January, 1980 to the third Monday in January, 1981 and
$44,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 85-225.)
(20 ILCS 5/5-395 new)
(was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
Sec. 5-395. 9.17. In the Department of Public Aid. The
Director of Public Aid shall receive $48,400 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$51,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $52,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Public Aid shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981; $39,500
from the third Monday in January, 1981 to the third Monday in
January, 1982, and $40,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-400 new)
(was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
Sec. 5-400. 9.07. In the Department of Public Health. The
Director of Public Health shall receive $48,400 from the
third Monday in January, 1979 to the third Monday in January,
1980; $51,300 from the third Monday in January, 1980 to the
third Monday in January, 1981, and $52,000 thereafter or as
set by the Compensation Review Board, whichever is greater.;
The Assistant Director of Public Health shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981; $39,500
from the third Monday in January, 1981 to the third Monday in
January, 1982, and $40,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-405 new)
(was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
Sec. 5-405. 9.12. In the Department of Revenue. The
Director of Revenue shall receive $41,800 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$44,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $46,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Revenue shall receive $35,200
from the third Monday in January, 1979 to the third Monday in
January, 1980; $37,300 from the third Monday in January, 1980
to the third Monday in January, 1981, and $39,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.
Beginning July 1, 1990, the annual salary of the Taxpayer
Ombudsman shall be the greater of an amount set by the
Compensation Review Board or $69,000, adjusted each July 1
thereafter by a percentage increase equivalent to that of the
"Employment Cost Index, Wages and Salaries, By Occupation and
Industry Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the calendar
year immediately preceding the year of the respective July
1st increase date, the such increase to be no less than zero
nor greater than 5% five percent and to be added to the then
current annual salary.
(Source: P.A. 86-1338)
(20 ILCS 5/5-410 new)
(was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
Sec. 5-410. 9.11. In the Department of State Police. The
Director of State Police shall receive $41,800 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$44,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $46,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of State Police shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 84-25; 84-832.)
(20 ILCS 5/5-415 new)
(was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
Sec. 5-415. 9.05. In the Department of Transportation.
The Secretary of Transportation shall receive $48,400 from
the third Monday in January, 1979 to the third Monday in
January, 1980; $51,300 from the third Monday in January, 1980
to the third Monday in January, 1981, and $52,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.;
The Assistant Secretary of Transportation shall receive
$38,500 from the third Monday in January, 1979 to the third
Monday in January, 1980; $40,800 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$43,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-420 new)
(was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
The Director of Veterans' Affairs shall receive $38,500 from
the third Monday in January, 1979 to the third Monday in
January, 1980; $40,800 from the third Monday in January, 1980
to the third Monday in January, 1981, and $43,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.
The Assistant Director of Veterans' Affairs shall receive
$33,000 from the third Monday in January, 1979 to the third
Monday in January, 1980; $34,900 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-500 new)
(was 20 ILCS 5/6) (from Ch. 127, par. 6)
Sec. 5-500. Advisory and non-executive boards. 6.
Advisory and non-executive boards, in the respective
departments, are created as designated in the Sections
following this Section and preceding Section 5-600 6.01
through 6.27. The members of the such boards shall be
officers.
(Source: P.A. 76-1158.)
(20 ILCS 5/5-505 new)
(was 20 ILCS 5/8) (from Ch. 127, par. 8)
Sec. 5-505. Boards' general powers and duties. 8. Each
advisory and non-executive board, except as otherwise
expressly provided in this Act, and in addition to all powers
and duties otherwise expressly provided, shall, with respect
to its field of work, or that of the department with which it
is associated, have the following powers and duties:
(1) 1. To consider and study the entire field; to
advise the executive officers of the department upon
their request; to recommend, on its own initiative,
policies and practices, which recommendations the
executive officers of the department shall duly
consider;, and to give advice or make recommendations to
the Governor and the General Assembly when so requested,
or on its own initiative.;
(2) 2. To investigate the conduct of the work of
the department with which it may be associated, and for
this purpose to have access, at any time, to all books,
papers, documents, and records pertaining or belonging to
that department thereto, and to require written or oral
information from any officer or employee of that
department. thereof;
(3) 3. To adopt rules, not inconsistent with law,
for its internal control and management., A copy of the
which rules shall be filed with the director of the
department with which the such board is associated.;
(4) 4. To hold meetings at the such times and
places as may be prescribed by the rules but, not less
frequently, however, than quarterly.;
(5) 5. To act by a sub-committee, or by a majority
of the board, if the rules so prescribe.;
(6) 6. To keep minutes of the transactions of each
session, regular or special, which shall be public
records and filed with the director of the department.;
(7) 7. To give notice to the Governor and to the
director of the department with which it is associated of
the time and place of every meeting, regular or special,
and to permit the Governor and the director of the
department to be present and to be heard upon any matter
coming before the such board.
(Source: Laws 1955, p. 2222.)
(20 ILCS 5/5-510 new)
(was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
Sec. 5-510. Gender balanced appointments. 8.1. All
appointments to boards, commissions, committees, and councils
of the State created by the laws of this State and after July
1, 1992 the effective date of this Section shall be gender
balanced to the extent possible and to the extent that
appointees are qualified to serve on those boards,
commissions, committees, and councils. If gender balance is
not possible, then appointments shall provide for significant
representation of both sexes to boards, commissions,
committees, and councils governed by this Section and the
Gender Balanced Appointments Act. If there are multiple
appointing authorities for a board, commission, committee, or
council, they shall each strive to achieve gender balance in
their appointments.
Appointments made in accordance with this Section should
be made in a manner that makes a good faith attempt to seek
gender balance based on the numbers of each gender belonging
to the group from which appointments are made.
(Source: P.A. 87-797.)
(20 ILCS 5/5-515 new)
(was 20 ILCS 5/10) (from Ch. 127, par. 10)
Sec. 5-515. Compensation prohibited. 10. No member of an
advisory and non-executive board shall receive any
compensation.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-520 new)
(was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
Sec. 5-520. 6.27. In the Department on Aging. A Council
on Aging and a Coordinating Committee of State Agencies
Serving Older Persons composed and appointed as provided in
the Illinois Act on the Aging.
(Source: P.A. 89-249, eff. 8-4-95.)
(20 ILCS 5/5-525 new)
(was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
Sec. 5-525. 6.01. In the Department of Agriculture.
(a) A Board of Agricultural Advisors composed of 17
persons engaged in agricultural industries, including
representatives of the agricultural press and of the State
Agricultural Experiment Station.
(b) An Advisory Board of Livestock Commissioners to
consist of 24 persons. The Board shall consist of the
administrator of animal disease programs, the Dean of the
College of Agriculture of the University of Illinois, the
Dean of the College of Veterinary Medicine of the University
of Illinois, and commencing on January 1, 1990 the Deans or
Chairmen of the Colleges or Departments of Agriculture of
Illinois State University, Southern Illinois University, and
Western Illinois University in that order who shall each
serve for 1 year terms, provided that commencing on January
1, 1993 such terms shall be for 2 years in the same order,
the Director of Public Health, the chairman of the
Agriculture, Conservation and Energy Committee of the Senate,
and the chairman of the Committee on Agriculture of the House
of Representatives, who shall ex-officio be members of the
Board, thereof and 17 additional persons interested in the
prevention, elimination and control of diseases of domestic
animals and poultry who shall be appointed by the Governor to
serve at the Governor's his pleasure. An appointed member's
office becomes vacant upon the member's his absence from 3
consecutive meetings. Of the 17 such additional persons, one
shall be a representative of breeders of beef cattle, one
shall be a representative of breeders of dairy cattle, one
shall be a representative of breeders of dual purpose cattle,
one shall be a representative of breeders of swine, one shall
be a representative of poultry breeders, one shall be a
representative of sheep breeders, one shall be a veterinarian
licensed in this State, one shall be a representative of
general or diversified farming, one shall be a representative
of the public stockyards, one shall be a representative of
livestock auction markets, one shall be a representative of
cattle feeders, one shall be a representative of pork
producers, one shall be a representative of the State
licensed meat packers, one shall be a representative of
canine breeders, one shall be a representative of equine
breeders, one shall be a representative of the Illinois
licensed renderers, and one shall be a representative of
livestock dealers. The members shall receive no compensation
but shall be reimbursed for expenses necessarily incurred in
the performance of their duties. In the appointment of the
such Advisory Board of Livestock Commissioners, the Governor
shall consult with representative persons and recognized
organizations in the respective fields concerning the such
appointments.
Rules and regulations of the Department of Agriculture
pertaining to the prevention, elimination, and control of
diseases of domestic animals and poultry shall be submitted
to the Advisory Board of Livestock Commissioners for approval
at its duly called meeting. The chairman of the Board shall
certify the official minutes of the Board's action and shall
file the certified minutes with the Department of Agriculture
within 30 days after the proposed rules and regulations are
submitted and before they are promulgated and made effective.
If the Board fails to take action within 30 days this
limitation shall not apply and the such rules and regulations
may be promulgated and made effective. In the event it is
deemed desirable, the Board may hold hearings upon the such
rules and regulations or proposed revisions. The Board
members shall be familiar with the Acts relating to the
prevention, elimination, and control of diseases among
domestic animals and poultry. The Department shall, upon the
request of a Board member, advise the with such Board
concerning the administration of the respective Acts.
The Director of Agriculture or his representative from
the Department shall act as chairman of the Board. The
Director shall call meetings of the Board thereof from time
to time or when requested by 3 or more appointed members of
the Board. A quorum of appointed members must be present to
convene an official meeting. The chairman and ex-officio
members shall not be included in a quorum call. Ex-officio
members may be represented by a duly authorized
representative from their department, division, college, or
committee. Appointed members shall not be represented at a
meeting by another person. Ex-officio members and appointed
members shall have the right to vote on all proposed rules
and regulations; voting that in effect would pertain to
approving rules and regulations shall be taken by an oral
roll call. No member shall vote by proxy. The chairman shall
not vote except in the case of a tie vote. Any member
ex-officio or appointed member may ask for and shall receive
an oral roll call on any motion before the Board. The
Department shall provide a clerk to take minutes of the
meetings and record transactions of the Board. The Board, by
oral roll call, may require an official court reporter to
record the minutes of the meetings.
(Source: P.A. 86-232.)
(20 ILCS 5/5-530 new)
(was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
Sec. 5-530. 6.01a. In the Department of Agriculture and
in cooperation with the Department of Commerce and Community
Affairs. An Agricultural Export Advisory Committee composed
of the following: 2 members of the House of Representatives,
to be appointed by the Speaker of the House of
Representatives thereof; 2 members of the Senate, to be
appointed by the President of the Senate; the Director of
Agriculture, who shall serve as Secretary of the Committee;
and not more than 15 members to be appointed by the Governor.
The members of the committee shall receive no compensation,
but shall be reimbursed for expenses necessarily incurred in
the performance of their duties under this Act.
(Source: P.A. 81-1509.)
(20 ILCS 5/5-535 new)
(was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
Sec. 5-535. 6.15. In the Department of Children and
Family Services. A Children and Family Services Advisory
Council of 17 members, one of whom shall be a senior citizen
age 60 or over, appointed by the Governor. The Such Council
shall advise the Department with respect to services and
programs for children, and for adults under its care. In
appointing the first Council, 8 members shall be named to
serve 2 years, and 8 members named to serve 4 years. The
member first appointed under Public this amendatory Act
83-1538 of 1984 shall serve for a term of 4 years. All
members appointed thereafter shall be appointed for terms of
4 years. At its first meeting the Council shall select a
chairman from among its members and appoint a committee to
draft rules of procedure.
(Source: P.A. 83-1538.)
(20 ILCS 5/5-540 new)
(was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28
and 7.01)
Sec. 5-540. 6.28. In the Department of Employment
Security. An Employment Security Advisory Board, composed of
9 persons. Sec. 7.01. Employment Security Advisory Board;
members. Of the 9 members of the Employment Security
Advisory Board, 3 members shall be representative citizens
chosen from the employee class, 3 members shall be
representative citizens chosen from the employing class, and
3 members shall be representative citizens not identified
with either the employing class or the employee class
classes.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 5/5-545 new)
(was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
Sec. 5-545. 6.04. In the Department of Human Services.
A Psychiatric Advisory Council appointed by and at the
discretion of the Secretary of Human Services, consisting of
representatives from the several schools and institutes in
Illinois conducting programs of psychiatric training, which
shall advise the Department with respect to its policies and
programs relating to mental health or developmental
disabilities. The members shall serve for the such terms
that as the Secretary shall designate.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-550 new)
(was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
Sec. 5-550. 6.23. In the Department of Human Services.
A State Rehabilitation Advisory Council, hereinafter referred
to as the Council, is hereby established for the purpose of
advising the Secretary and the vocational rehabilitation
administrator of the provisions of the federal Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990
in matters concerning individuals with disabilities and the
provision of rehabilitation services. The Council shall
consist of 23 members appointed by the Governor after
soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities. The Governor shall appoint to this Council the
following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator shall serve as ex officio members.
The Council shall select a Chairperson.
The Chairperson and at least 11 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Advisory Council shall serve until members of the
newly created Council are appointed.
The terms of all members appointed before the effective
date of Public this amendatory Act 88-10 of 1993 shall expire
on July 1, 1993. The members first appointed under Public
this amendatory Act 88-10 of 1993 shall be appointed to serve
for staggered terms beginning July 1, 1993, as follows: 7
members shall be appointed for terms of 3 years, 7 members
shall be appointed for terms of 2 years, and 6 members shall
be appointed for terms of one year. Thereafter, all
appointments shall be for terms of 3 years. Vacancies shall
be filled for the unexpired term. Members shall serve until
their successors are appointed and qualified. No member
shall serve for more than 2 full terms.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council.
The Council shall meet at least 4 times per year at times
and places designated by the Chairman upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members shall constitute a
quorum. No member of the Council shall cast a vote on any
matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator the such reports and findings
that the vocational rehabilitation administrator as he may
request or that as the Council deems fit. The Council shall
select jointly with the vocational rehabilitation
administrator a pool of qualified persons to serve as
impartial hearing officers.
To the extent that there is a disagreement between the
Council and the unit within the Department of Human Services
responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
(20 ILCS 5/5-555 new)
(was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
Sec. 5-555. 6.02. In the Department of Labor. An Advisory
Board to the Department of Labor, composed of 13 members,
including 5 representatives of employees, 5 representatives
of employers, and 3 public members. Members' terms shall will
be for 2 years with appointments staggered to ensure assure
continuity in performance of the responsibilities of the
Board. The Board shall give notice to the Governor and the
Director of Labor of the time and place of every meeting,
regular or special, and shall permit the Governor and the
Director to be present and to be heard upon any matter coming
before the Board.
(Source: P.A. 86-544.)
(20 ILCS 5/5-560 new)
(was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
Sec. 5-560. 6.08. In the Department of Natural Resources.
An Advisory Board to the Department of Natural Resources,
composed of 11 persons, one of whom shall be a senior citizen
age 60 or over.
In the appointment of the initial members the Governor
shall designate 3 persons to serve for 2 years, 3 for 4
years, and 3 for 6 years from the third Monday in January of
the odd-numbered year in which the term commences. The
members first appointed under this amendatory Act of 1984
shall serve a term of 6 years commencing on the third Monday
in January, 1985.
The Advisory Board shall formulate long range policies
for guidance of the Department in: the protection and
conservation of renewable resources of the State of Illinois;
the development of areas and facilities for outdoor
recreation; the prevention of timber destruction and other
forest growth by fire, or otherwise; the reforestation of
suitable lands of this State; the extension of cooperative
support to other agencies of this State in preventing the
prevention and guarding against the pollution of streams and
lakes within the State; the management of the wildlife
resources, including migratory fowl, and fisheries resources,
including the construction of new water impoundment areas;
the development of an adequate research program for fish,
game, and forestry through cooperation with and support of
the Illinois Natural History Survey; and the expressing of
policies for proper dissemination of and enforcement of the
various laws pertinent to the conservation program of
Illinois and the nation.
The Board shall make a study of the personnel structure
of the Department and shall, from time to time, make
recommendations to the Governor and the Director of Natural
Resources for a merit system of employment and for the
revision of the position classification to the extent which
Civil Service classification should apply in departmental
positions.
The Board shall make studies of the land acquisition
needs of the Department and recommendations from time to time
as to necessary acquisition of lands for fisheries, game,
forestry, and recreational development.
The Board may recommend to the Director of Natural
Resources any reductions or increases of seasons, and bag or
possession limits, or the closure of any season when research
and inventory data indicate the need for those such changes.
Such Board members shall be reimbursed for any necessary
travel expenses incurred in the performance of their duties.
(Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
(20 ILCS 5/5-565 new)
(was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
Sec. 5-565. 6.06. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are
entitled to lead healthy lives. Governmental public health
has a specific responsibility to ensure that a system is in
place to allow the public health mission to be achieved. To
develop a system requires certain core functions to be
performed by government. The State Board of Health is to
assume the leadership role in advising the Director in
meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 17
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by
the Governor on and after June 30, the effective date of this
amendatory Act of 1998, and one of whom shall be a senior
citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and 2 who are engaged in
private practice. One member shall be a dentist; one an
environmental health practitioner; one a local public health
administrator; one a local board of health member; one a
registered nurse; one a veterinarian; one a public health
academician; one a health care industry representative; and 4
shall be citizens at large.
In the appointment of the first Board of Health members
appointed after September 19, 1991 (the effective date of
Public this amendatory Act 87-633) of 1991, the Governor
shall appoint 5 members to serve for terms of 5 years; 5
members to serve for terms of 2 years; and 5 members to serve
for a term of one year. Members appointed thereafter shall be
appointed for terms of 3 years, except that when where an
appointment is made to fill a vacancy, in which case the
appointment shall be for the remaining term of the position
vacated. The initial terms for the 2 additional members of
the board who are citizens at large appointed under Public
Act 90-607 this amendatory Act of 1998 shall be for 3 years
each, with these positions thereafter being filled as with
other members appointed by the Governor. All members shall be
legal residents of the State of Illinois. The duties of the
Board shall include, but not be limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of,
the Department of Public Health or its Director for the
purpose of recommending to the Director one or more of
the following:
(i) The elimination of bodies whose activities
are not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose
activities encompass compatible programmatic
subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the
Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director
for public health emergencies and control of health
hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the
Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public
health agencies and organizations.
(8) To report on or before February 1 of each year
on the health of the residents of Illinois to the
Governor, the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time
period, of the Department after September 19, 1991 (the
effective date of Public this amendatory Act 87-633) of
1991. The Board shall review the proposed rules within
90 days of submission by the Department. The Department
shall take into consideration any comments and
recommendations of the Board regarding the proposed rules
prior to submission to the Secretary of State for initial
publication. If the Department disagrees with the
recommendations of the Board, it shall submit a written
response outlining the reasons for not accepting the
recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout
the State. At the conclusion of the hearings, the State
Board of Health shall issue a report, including its
recommendations, to the Director. The Director shall
take into consideration any comments or recommendations
made by the Board based on these hearings.
(10) To make recommendations to the Governor
through the Director concerning the development and
periodic updating of Statewide health objectives
encompassing, in part, the periodically published federal
health objectives for the nation, which will provide the
basis for the policy development and assurance roles of
the State Health Department, and to make recommendations
to the Governor through the Director regarding
legislation and funding necessary to implement the
objectives.
(11) Upon the request of the Governor, to recommend
to the Governor candidates for Director of Public Health
when vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
Upon appointment, the Board shall elect a chairperson
from among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000
per year, as designated by the Director for each day required
for transacting the business of the Board, and shall be
reimbursed for necessary expenses incurred in the performance
of their duties. The Board shall meet from time to time at
the call of the Department, at the call of the chairperson,
or upon the request of 3 of its members, but shall not meet
less than 4 times per year.
(b) An Advisory Board of Cancer Control which shall
consist of 9 members, one of whom shall be a senior citizen
age 60 or over, appointed by the Governor, one of whom shall
be designated as chairman by a majority of the members of the
Board. No less than 4 members shall be recognized authorities
in cancer control, and at least 4 members shall be physicians
licensed to practice medicine in all of its branches in the
State of Illinois. In the appointment of the first board the
Governor shall appoint 2 members to serve for terms of 1
year, 2 for terms of 2 years, and 3 for terms of 3 years. The
members first appointed under Public this amendatory Act
83-1538 of 1984 shall serve for a term of 3 years. All
members appointed, thereafter shall be appointed for terms of
3 years, except that when where an appointment is made to
fill a vacancy, in which case the appointment shall be for
the remaining term of the position vacant. The members of the
Board shall be citizens of the State of Illinois. In the
appointment of the Advisory Board the Governor shall invite
nominations from recognized medical organizations of this
State. The Board is authorized to receive voluntary
contributions from any source, and to expend the
contributions same for the purpose of cancer control as
authorized by this Act, and the laws of this State.
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members
first appointed under Public this amendatory Act 83-1538 of
1984 shall serve for a term of 3 years. All members
appointed thereafter shall be appointed for terms of 3 years,
except that when where an appointment is made to fill a
vacancy, in which case the appointment shall be for the
remaining term of the position vacant. The members of the
Board shall be citizens of the State of Illinois. In the
appointment of members of the Advisory Board the Governor
shall appoint 3 members who shall be persons licensed to
practice medicine and surgery in the State of Illinois, at
least 2 of whom shall have received post-graduate training in
the field of pathology; 3 members who are duly elected
coroners in this State; and 5 members who shall have interest
and abilities in the field of forensic medicine but who shall
be neither persons licensed to practice any branch of
medicine in this State nor coroners. In the appointment of
medical and coroner members of the Board, the Governor shall
invite nominations from recognized medical and coroners
organizations in this State respectively. Board members,
while serving on business of the Board, shall receive actual
necessary travel and subsistence expenses while so serving
away from their places of residence.
(Source: P.A. 90-607, eff. 6-30-98.)
(20 ILCS 5/5-570 new)
(was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
6.02a and 7.04a)
Sec. 5-570. 6.02a. In the Department of Transportation.
A Board of Aeronautical Advisors, composed of 9 persons.
Sec. 7.04a. The Board of Aeronautical Advisors shall
include among its members at least one person who is
interested in air commerce, at least one person who is
interested in noncommercial private flying, at least one
person who is interested in the operation or management of
airports, and at least one person who is interested in the
conducting of schools that which have a comprehensive
curriculum for instruction of persons desiring to learn how
to operate, repair, or maintain aircraft. The Secretary of
Transportation shall be a member and chairman of the Board of
Aeronautical Advisors. The head of the Division of
Aeronautics shall be a member and vice-chairman of the Board.
(Source: P.A. 85-1033.)
(20 ILCS 5/5-600 new)
(was 20 ILCS 5/11) (from Ch. 127, par. 11)
Sec. 5-600. Officer's performance of duties. 11. Each
officer provided for by the Civil Administrative Code of
Illinois this Act shall perform the such duties that are as
may be prescribed by law for the officer's his position and
to the best of the officer's his ability shall render
faithful and efficient service in the performance of those
his duties, to the end that the public interest and welfare
may be furthered.
(Source: Laws 1927, p. 844.)
(20 ILCS 5/5-605 new)
(was 20 ILCS 5/12) (from Ch. 127, par. 12)
Sec. 5-605. Appointment of officers. 12. Each officer
whose office is created by the Civil Administrative Code of
Illinois this Act, or by any amendment to the Code thereto,
shall be appointed by the Governor, by and with the advice
and consent of the Senate. In case of vacancies in those
such offices during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when the Governor he shall nominate some person
to fill the such office, and any person so nominated, who is
confirmed by the Senate, shall hold his office during the
remainder of the term and until his or her successor is shall
be appointed and qualified. If the Senate is not in session
at the time the Code this Act, or any amendments to the Code
thereto, take effect, the Governor shall make a temporary
appointment as in the case of a vacancy.
During the absence or inability to act of the director of
any department, or of the Secretary of Human Services or the
Secretary of Transportation, or in case of a vacancy in any
such office until a successor is appointed and qualified, the
Governor may designate some person as acting director or
acting secretary to execute the powers and discharge the
duties vested by law in that director or secretary.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-610 new)
(was 20 ILCS 5/13) (from Ch. 127, par. 13)
Sec. 5-610. Term of office. 13. Each officer whose office
is created by the Civil Administrative Code of Illinois this
Act, except as otherwise specifically provided for in the
Code this Act, shall hold office for a term of 2 years from
the third Monday in January of each odd-numbered year and
until the officer's his successor is appointed and qualified.
Where the provisions of the Code this Act require General
Assembly members to be included in the membership of any
advisory and nonexecutive board, the General Assembly members
shall serve such terms or until termination of their
legislative service, whichever first occurs.
(Source: P.A. 83-1250.)
(20 ILCS 5/5-615 new)
(was 20 ILCS 5/14) (from Ch. 127, par. 14)
Sec. 5-615. Officer's oath. 14. Each officer whose office
is created by the Civil Administrative Code of Illinois this
Act, or by any amendments to the Code thereto, shall, before
entering upon the discharge of the duties of the his office,
qualify for the office by taking and subscribing the
constitutional oath of office and filing the signed oath in
the office of the Secretary of State.
(Source: P.A. 79-1348.)
(20 ILCS 5/5-620 new)
(was 20 ILCS 5/15) (from Ch. 127, par. 15)
Sec. 5-620. 15. Bond. Each executive and administrative
officer whose office is created by the Civil Administrative
Code of Illinois this Act, or by any amendments to the Code
thereto, shall give bond before entering upon the discharge
of the duties of his or her office by inclusion in the
blanket bond or bonds or self-insurance program provided for
in Sections 14.1 and 14.2 of the Official Bond Act.
All official bonds required to be executed and filed
under this Section are subject to the requirements of the
Official Bond Act.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 5/5-625 new)
(was 20 ILCS 5/16) (from Ch. 127, par. 16)
Sec. 5-625. Department regulations. 16. The director of
each department (see Section 5-10 of this Law for the
definition of "director") and the Secretary of the Department
of Transportation is empowered to prescribe regulations, not
inconsistent with law, for the government of the director's
his department, the conduct of the department's its employees
and clerks, the distribution and performance of the
department's its business, and the custody, use, and
preservation of the records, papers, books, documents, and
property pertaining to the department thereto.
(Source: P.A. 77-153.)
(20 ILCS 5/5-630 new)
(was 20 ILCS 5/17) (from Ch. 127, par. 17)
Sec. 5-630. Department offices. 17. Each department shall
maintain a central office in the Capitol Building, Centennial
Building, or State Office Building at Springfield, in rooms
provided by the Secretary of State, or in the Armory Building
at Springfield, in rooms provided by the Department of
Central Management Services, excepting the Department of
Agriculture, which shall maintain a central office at the
State fair grounds at Springfield, and the Department of
Transportation, which shall also maintain a Division of
Aeronautics at Capital Airport. The director of each
department (see Section 5-10 of this Law for the definition
of "director") and the Secretary of Transportation, may, in
the director's his discretion and with the approval of the
Governor, establish and maintain, at places other than the
seat of government, branch offices for the conduct of any one
or more functions of the director's his department.
(Source: P.A. 82-789.)
(20 ILCS 5/5-635 new)
(was 20 ILCS 5/18) (from Ch. 127, par. 18)
Sec. 5-635. Department office hours. 18. Each department
shall be open for the transaction of public business at least
from 8:30 eight-thirty o'clock in the morning until 5:00 five
o'clock in the evening of each day except Saturdays, Sundays,
and days that may hereafter be declared by the Governor to be
holidays for State employees.
(Source: Laws 1965, p. 542.)
(20 ILCS 5/5-640 new)
(was 20 ILCS 5/19) (from Ch. 127, par. 19)
Sec. 5-640. Department seal. 19. Each department shall
adopt and keep an official seal.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-645 new)
(was 20 ILCS 5/20) (from Ch. 127, par. 20)
Sec. 5-645. Department employees. 20. Each department may
obtain necessary employees and, if the rate of compensation
is not otherwise fixed by law, may fix their compensation
subject to the "Personnel Code", approved July 18, 1955, as
amended.
(Source: Laws 1967, p. 4068.)
(20 ILCS 5/5-650 new)
(was 20 ILCS 5/25) (from Ch. 127, par. 25)
Sec. 5-650. Department reports. 25. The Governor may
require from each director of a department (see Section 5-10
of this Law for the definition of "director") and the
Secretary of Transportation, a report in writing concerning
the condition, management, and financial transactions of the
director's department their respective departments. In
addition to those such reports, each director of a department
and the Secretary of the Department of Transportation, shall
make the semi-annual and biennial reports provided by the
Constitution.
(Source: P.A. 82-905.)
(20 ILCS 5/5-655 new)
(was 20 ILCS 5/26) (from Ch. 127, par. 26)
Sec. 5-655. Cooperation by directors. 26. The directors
of departments (see Section 5-10 of this Law for the
definition of "director") shall devise a practical and
working basis for co-operation and co-ordination of work,
eliminating duplication and overlapping of functions. They
shall, so far as practicable, co-operate with each other in
the employment of services and the use of quarters and
equipment. The director of any department may empower or
require an employee employe of another department, subject to
the consent of the superior officer of the employee employe,
to perform any duty that the director which he might require
of his or her own subordinates.
The directors of departments may co-operate in the
investigation of any licensed health care professional or may
jointly investigate such a person and may share the results
of any cooperative, joint, or independent investigation of
such a person.
(Source: P.A. 84-1252.)
(20 ILCS 5/5-660 new)
(was 20 ILCS 5/31) (from Ch. 127, par. 31)
Sec. 5-660. Power to inspect and secure data or
information 31. Whenever in the Civil Administrative Code of
Illinois this Act power is vested in a department to inspect,
examine, or secure data or information, or to procure
assistance from another department, a duty is hereby imposed
upon the department upon which demand is made, to make that
such power effective.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-675 new)
(was 20 ILCS 5/51) (from Ch. 127, par. 51)
Sec. 5-675. 51. Acquisition of land. The Secretary of
Transportation and the Director of Natural Resources are
respectively authorized, with the consent in writing of the
Governor, to acquire by private purchase, or by condemnation
in the manner provided for the exercise of the power of
eminent domain under Article VII of the Code of Civil
Procedure, any and all lands, buildings, and grounds for
which an appropriation may be made by the General Assembly,
to their respective departments. To the extent necessary to
comply with the federal "Uniform Relocation Assistance and
Real Property Acquisition Policies Act", Public Law 91-646,
as amended, the Department of Transportation and the
Department of Natural Resources, respectively, are authorized
to operate a relocation program and to pay relocation costs.
The departments are authorized to exceed the maximum payment
limits of the federal "Uniform Relocation Assistance and Real
Property Acquisition Policies Act" when necessary to ensure
the provision of decent, safe, or sanitary housing, or to
secure a suitable relocation site.
The Director of Central Management Services is
authorized, with the consent in writing of the Governor, to
acquire by private purchase, or by condemnation in the manner
provided for the exercise of the power of eminent domain
under Article VII of the Code of Civil Procedure, all other
lands, buildings, and grounds for which an appropriation may
be made by the General Assembly. To the extent necessary to
comply with the federal "Uniform Relocation Assistance and
Real Property Acquisition Policies Act", Public Law 91-646,
as amended, the Department of Central Management Services is
authorized to operate a relocation program and to pay
relocation costs. The Department is authorized to exceed the
maximum payment limits of the federal "Uniform Relocation
Assistance and Real Property Acquisition Policies Act" when
necessary to ensure the provision of decent, safe, and
sanitary housing, or to secure a suitable relocation site.
The Department shall make or direct the payment of the such
relocation amounts from the funds available to acquire the
property.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-700 new)
(was 20 ILCS 5/32) (from Ch. 127, par. 32)
Sec. 5-700. Transfers of rights, powers, and duties. 32.
Whenever rights, powers, and duties vested in or exercised by
any officer, board, commission, institution, or department,
or any deputy, inspector, or subordinate officer of one of
those thereof, are, by the Civil Administrative Code of
Illinois this Act, or by any amendments to the Code thereto,
transferred either in whole or in part, to or vested in a
department created by the Code this Act, or by any amendments
to the Code thereto, those such rights, powers, and duties
shall be vested in, and shall be exercised by the department
to which they the same are thereby transferred, and not
otherwise, and every act done in the exercise of those such
rights, powers, and duties shall have the same legal effect
as if done by the former officer, board, commission,
institution, or department, or any deputy, inspector, or
subordinate officer of any of those thereof.
Every person and corporation shall be subject to the same
obligations and duties and shall have the same rights,
arising from the exercise of those such rights, powers, and
duties as if those such rights, powers, and duties were
exercised by the officer, board, commission, department, or
institution, or deputy, inspector, or subordinate of any of
those thereof, designated in the respective laws that which
are to be administered by departments created by the Civil
Administrative Code of Illinois this Act or by any amendments
to the Code thereto. Every person and corporation shall be
subject to the same penalty or penalties, civil or criminal,
for failure to perform any such obligation or duty, or for
doing a prohibited act, as if the such obligation or duty
arose from, or the such act were prohibited in, the exercise
of the such right, power, or duty by the officer, board,
commission, department, or institution, or deputy, inspector,
or subordinate of any of those thereof, designated in the
respective laws that which are to be administered by
departments created by the Civil Administrative Code of
Illinois this Act or by any amendments to the Code thereto.
Every officer and employee shall, for any offense, be subject
to the same penalty or penalties, civil or criminal, as are
prescribed by existing law for the same offense by any
officer or employee whose powers or duties devolved upon the
officer or employee him under the Code this Act or under by
any amendments to the Code thereto.
All books, records, papers, documents, property, real and
personal, unexpended appropriations, and pending business in
any way pertaining to the rights, powers, and duties so
transferred to or vested in a department created by the Civil
Administrative Code of Illinois this Act, or by any
amendments to the Code thereto, shall be delivered and
transferred to the department succeeding to those such
rights, powers, and duties.
(Source: Laws 1941, vol. 1, p. 1214.)
(20 ILCS 5/5-705 new)
(was 20 ILCS 5/33) (from Ch. 127, par. 33)
Sec. 5-705. Reports and notices after position or entity
abolished or duties transferred. 33. Whenever reports or
notices are now required to be made or given, or papers or
documents furnished or served by any person to or upon any
officer, board, commission, or institution, or any deputy,
inspector, or subordinate of any of those thereof, abolished
by the Civil Administrative Code of Illinois this Act, or by
any amendments to the Code thereto, or whose duties with
relation to the subject matter of those such reports,
notices, papers, or documents have, by the Code this Act, or
any amendments to the Code thereto, been transferred to
another department, division, office, board, or other agency
of the State government, the same shall be made, given,
furnished, or served in the same manner to or upon the
department, division, office, board, or other agency upon
which are devolved by the Code this Act or by any amendments
to the Code thereto the rights, powers, and duties now
exercised or discharged by the such officer, board,
commission, or institution, or the deputy, inspector, or
subordinate of any of those, thereof and every penalty for
failure so to do shall continue in effect.
(Source: P.A. 77-153.)
(15 ILCS 20/Art. 50 heading new)
ARTICLE 50. STATE BUDGET
(15 ILCS 20/50-1 new)
Sec. 50-1. Article short title. This Article 50 of the
Civil Administrative Code of Illinois may be cited as the
State Budget Law.
(15 ILCS 20/50-5 new)
(was 15 ILCS 20/38) (from Ch. 127, par. 38)
Sec. 50-5. Governor to submit State budget. 38. The
Governor shall, as soon as possible and not later than the
third Wednesday in February of each year beginning in 1998,
submit a State budget, embracing therein the amounts
recommended by the Governor him to be appropriated to the
respective departments, offices, and institutions, and for
all other public purposes, the estimated revenues from
taxation, the estimated revenues from sources other than
taxation, and an estimate of the amount required to be raised
by taxation. The amounts recommended by the Governor for
appropriation to the respective departments, offices and
institutions shall be formulated according to the various
functions and activities for which the respective department,
office or institution of the State government (including the
elective officers in the executive department and including
the University of Illinois and the judicial department) is
responsible. The amounts relating to particular functions and
activities shall be further formulated in accordance with the
object classification specified in Section 13 of the State
Finance Act.
The Governor shall not propose expenditures and the
General Assembly shall not enact appropriations that exceed
the resources estimated to be available, as provided in this
Section.
For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following
funds shall be prepared on the basis of revenue and
expenditure measurement concepts that are in concert with
generally accepted accounting principles for governments:
(1) General Revenue Fund.
(2) Common School Fund.
(3) Educational Assistance Fund.
(4) Road Fund.
(5) Motor Fuel Tax Fund.
(6) Agricultural Premium Fund.
These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance,
plus revenues estimated to be received during the budgeted
year, plus the estimated receipts due the State as of June 30
of the budgeted year that are expected to be collected during
the lapse period following the budgeted year, minus the
receipts collected during the first 2 months of the budgeted
year that became due to the State in the year before the
budgeted year. Revenues shall also include estimated federal
reimbursements associated with the recognition of Section 25
of the State Finance Act liabilities. For any budgeted fund
for which current year revenues are anticipated to exceed
expenditures, the surplus shall be considered to be a
resource available for expenditure in the budgeted fiscal
year.
Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by
the State for the budgeted year, to be paid in the next
fiscal year, excluding costs paid in the budgeted year which
were carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
By March 15 of each year, the Economic and Fiscal
Commission shall prepare revenue and fund transfer estimates
in accordance with the requirements of this Section and
report those estimates to the General Assembly and the
Governor.
For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation
for a fiscal year shall not exceed funds estimated by the
General Assembly to be available during that year.
(Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
(15 ILCS 20/50-10 new)
(was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
Sec. 50-10. Budget contents. 38.1. The budget shall be
submitted by the Governor with line item and program data.
The budget shall also contain performance data presenting an
estimate for the current fiscal year, projections for the
budget year, and information for the 3 prior fiscal years
comparing department objectives with actual accomplishments,
formulated according to the various functions and activities,
and, wherever the nature of the work admits, according to the
work units, for which the respective departments, offices,
and institutions of the State government (including the
elective officers in the executive department and including
the University of Illinois and the judicial department) are
responsible.
For the fiscal year beginning July 1, 1992 and for each
fiscal year thereafter, the budget shall include the
performance measures of each department's accountability
report.
For the fiscal year beginning July 1, 1997 and for each
fiscal year thereafter, the budget shall include one or more
line items appropriating moneys to the Department of Human
Services to fund participation in the Home-Based Support
Services Program for Mentally Disabled Adults under the
Developmental Disability and Mental Disability Services Act
by persons described in Section 2-17 of that Act.
The budget shall contain a capital development Section in
which the Governor will present (1) information on the
capital projects and capital programs for which
appropriations are requested, and (2) the capital spending
plans, which shall document the first and subsequent years
cash requirements by fund for the proposed bonded program,
and (3) a statement that which shall identify by year the
principal and interest costs until retirement of the State's
general obligation debt. In addition, the principal and
interest costs of the budget year program shall be presented
separately, to indicate the marginal cost of principal and
interest payments necessary to retire the additional bonds
needed to finance the budget year's capital program.
For the budget year, the current year, and 3 three prior
fiscal years, the Governor shall also include in the budget
estimates of or actual values for the assets and liabilities
for General Assembly Retirement System, State Employees'
Retirement System of Illinois, State Universities Retirement
System, Teachers' Retirement System of the State of Illinois,
and Judges Retirement System of Illinois.
The budget submitted by the Governor shall contain, in
addition, in a separate book, a tabulation of all position
and employment titles in each such department, office, and
institution, the number of each, and the salaries for each,
formulated according to divisions, bureaus, sections,
offices, departments, boards, and similar subdivisions, which
shall correspond as nearly as practicable to the functions
and activities for which the department, office, or
institution is responsible.
Together with the such budget, the Governor shall
transmit the estimates of receipts and expenditures, as
received by the director of the Bureau of the Budget, of the
elective officers in the executive and judicial departments
and of the University of Illinois.
(Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
(15 ILCS 20/50-15 new)
(was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2)
Sec. 50-15. Department accountability reports; Budget
Advisory Panel. 38.2.
(a) Beginning in the fiscal year which begins July 1,
1992, each department of State government as listed in
Section 5-15 3 of the Departments of State Government Law (20
ILCS 5/5-15) this Code shall submit an annual accountability
report to the Bureau of the Budget at times designated by the
Director of the Bureau of the Budget. Each accountability
report shall be designed to assist the Bureau of the Budget
in its duties under Sections 2.2 and 2.3 of the "An Act to
create a Bureau of the Budget Act and to define its powers
and duties and to make an appropriation", approved April 16,
1969, as now or hereafter amended, and shall measure the
department's performance based on criteria, goals, and
objectives established by the department with the oversight
and assistance of the Bureau of the Budget. Each department
shall also submit interim progress reports at times
designated by the Director of the Bureau of the Budget.
(b) There is created a Budget Advisory Panel, consisting
of 10 representatives of private business and industry
appointed 2 each by the Governor, the President of the
Senate, the and Minority Leader of the Senate, the and
Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives. The Budget Advisory
Panel shall aid the Bureau of the Budget in the establishment
of the criteria, goals, and objectives by the departments for
use in measuring their performance in accountability reports.
The Budget Advisory Panel shall also assist the Bureau of the
Budget in reviewing accountability reports and assessing the
effectiveness of each department's performance measures. The
Budget Advisory Panel shall submit to the Bureau of the
Budget a report of its activities and recommendations for
change in the procedures established in subsection (a) at the
time designated by the Director of the Bureau of the Budget,
but in any case no later than the third Friday of each
November.
(c) The Director of the Bureau of the Budget shall
select not more than 3 departments for a pilot program
implementing the procedures of subsection (a) for budget
requests for the fiscal years beginning July 1, 1990 and July
1, 1991, and each of the departments elected shall submit
accountability reports for those fiscal years.
By April 1, 1991, the Bureau of the Budget with the
assistance of the Budget Advisory Panel shall recommend in
writing to the Governor any changes in the budget review
process established pursuant to this Section suggested by its
evaluation of the pilot program. The Governor shall submit
changes to the budget review process that the Governor he
plans to adopt, based on the report, to the President and
Minority Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives.
(Source: P.A. 86-1027.)
(15 ILCS 20/50-20 new)
(was 15 ILCS 20/38.3)
Sec. 50-20. 38.3. Responsible Education Funding Law.
(a) The Governor shall submit to the General Assembly a
proposed budget for elementary and secondary education in
which total General Revenue Fund appropriations are no less
than the total General Revenue Fund appropriations of the
previous fiscal year. In addition, the Governor shall
specify the total amount of funds to be transferred from the
General Revenue Fund to the Common School Fund during the
budget year, which shall be no less than the total amount
transferred during the previous fiscal year. The Governor
may submit a proposed budget in which the total appropriated
and transferred amounts are less than the previous fiscal
year if the Governor declares in writing to the General
Assembly the reason for the lesser amounts.
(b) The General Assembly shall appropriate amounts for
elementary and secondary education from the General Revenue
Fund for each fiscal year so that the total General Revenue
Fund appropriation is no less than the total General Revenue
Fund appropriation for elementary and secondary education for
the previous fiscal year. In addition, the General Assembly
shall legislatively transfer from the General Revenue Fund to
the Common School Fund for the such fiscal year a total
amount that is no less than the total amount transferred for
the previous fiscal year. The General Assembly may
appropriate or transfer lesser amounts if it declares by
Joint Resolution the reason for the lesser amounts.
(c) This Section may be cited as the Responsible
Education Funding Law.
(Source: P.A. 88-660, eff. 9-16-94.)
(20 ILCS 110/Art. 110 heading new)
ARTICLE 110. DEPARTMENT ON AGING
(20 ILCS 110/110-1 new)
Sec. 110-1. Article short title. This Article 110 of the
Civil Administrative Code of Illinois may be cited as the
Department on Aging Law.
(20 ILCS 110/110-5 new)
(was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
Sec. 110-5. 69. The Department on Aging; powers. The
Department on Aging shall exercise, administer, and enforce
all rights, powers, and duties vested in the Department on
Aging by the "Illinois Act on the Aging", enacted by the
Seventy-eighth General Assembly as amended.
(Source: P.A. 78-242.)
(20 ILCS 205/Art. 205 heading new)
ARTICLE 205. DEPARTMENT OF AGRICULTURE
(20 ILCS 205/205-1 new)
Sec. 205-1. Article short title. This Article 205 of the
Civil Administrative Code of Illinois may be cited as the
Department of Agriculture Law.
(20 ILCS 205/205-5 new)
Sec. 205-5. Definition. In this Law, "Department" means
the Department of Agriculture.
(20 ILCS 205/205-10 new)
(was 20 ILCS 205/40) (from Ch. 127, par. 40)
Sec. 205-10. Powers, generally. 40. The Department of
Agriculture has the powers enumerated in the following
Sections 40.1 through 40.45.
(Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
(20 ILCS 205/205-15 new)
(was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
40.7 and 40.8)
Sec. 205-15. 40.7. Promotional activities.
(a) The Department has the power to encourage and
promote, in every practicable manner, the interests of
agriculture, including horticulture, the livestock industry,
dairying, cheese making, poultry, bee keeping, forestry, the
production of wool, and all other allied industries. In
furtherance of the duties set forth in this subsection (a)
Section, the Department may establish trust funds and bank
accounts in adequately protected financial institutions to
receive and disburse monies in connection with the conduct of
food shows, food expositions, trade shows, and other
promotional activities, and to sell at cost, to qualified
applicants, signs designating farms that, which have been
owned for 100 years or more by lineal or collateral
descendants of the same family, as "Centennial Farms". The
Department shall provide applications for the such signs,
which shall be submitted with the required fee. "Centennial
Farms" signs shall not contain within their design, the name,
picture, or other likeness of any elected public official or
any appointed public official.
(b) The Department has the power Sec. 40.8. to promote
improved methods of conducting the these several industries
described in subsection (a) with a view to increasing the
production and facilitating facilitate the distribution
thereof at the least cost.
(Source: Laws 1967, p. 4087; P.A. 90-598, eff. 1-1-99.)
(20 ILCS 205/205-20 new)
(was 20 ILCS 205/40.7a)
Sec. 205-20. 40.7a. State Fair promotion. The Department
has the power to encourage and promote agriculture and
related industries and activities associated with the
Illinois State Fair. The Department may establish State Fair
and treasury held funds to receive and disburse moneys in
connection with the conduct and promotion of activities held
at the Illinois State Fair.
(Source: P.A. 88-5.)
(20 ILCS 205/205-25 new)
(was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
Sec. 205-25. Institutes, societies, fairs, and exhibits.
The Department has the power 40.14. to assist, encourage, and
promote the organization of farmers' institutes,
horticultural and agricultural societies, the holding of
fairs, fat stock shows, or other exhibits of the products of
agriculture, and the breeding and racing of Illinois
conceived and foaled horses.
(Source: P.A. 84-295.)
(20 ILCS 205/205-27 new)
(was 20 ILCS 205/40.7b)
Sec. 205-27. 40.7b. Livestock show promotion grants.
The Department has the power to develop and implement a
program of grants to promote National Junior Livestock
Association production livestock shows that have been
approved by the Department and are scheduled to be held at
the Illinois State Fair or the DuQuoin State Fair. Grant
applicants must be nonprofit organizations that organize or
sponsor the shows and must submit information requested by
the Department to verify their nonprofit nature and financial
condition.
Criteria for awarding grants shall include, but need not
be limited to, the following: (i) the length of the show;
(ii) the estimated proceeds of the show; (iii) the number of
entries in the show; and (iv) the economic impact of the show
upon the State.
Grants shall be awarded from funds appropriated for this
purpose to a maximum of $100,000 per fiscal year. Any number
of grants may be awarded, but no single grant may exceed
$25,000 and no more than one grant may be awarded for the
promotion of one show.
(Source: P.A. 90-641, eff. 1-1-99.)
(20 ILCS 205/205-30 new)
(was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
Sec. 205-30. Production and marketing statistics. The
Department has the power 40.9. to collect and publish
statistics relating to crop production and marketing and to,
the production of and marketing of beef, pork, poultry,
mutton, wool, butter, cheese, and other agricultural products
so far as that such statistical information may be of value
to the agricultural and allied interests of the State.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-35 new)
(was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
Sec. 205-35. Market news and bulletins. The Department
has the power 40.10. to collect, analyze, and publish market
news and to establish such facilities and publish such
bulletins and news reports that as may be necessary and
proper in order to keep producers and handlers informed
concerning supply, demand, and other economic conditions
affecting and related to the sale of livestock and other
agricultural products produced in the State of Illinois.
(Source: P.A. 84-295.)
(20 ILCS 205/205-40 new)
(was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
Sec. 205-40. Export consulting service and standards.
40.31. The Department, of Agriculture in cooperation with the
Department of Commerce and Community Affairs and the
Agricultural Export Advisory Committee, shall (1) provide a
consulting service to those who desire to export farm
products, commodities, and supplies, and guide them in their
efforts to improve trade relations; (2) cooperate with
agencies and instrumentalities of the federal government to
develop export grade standards for farm products,
commodities, and supplies produced in Illinois and shall
adopt reasonable rules and regulations to ensure insure that
exports of those such products, commodities, and supplies,
comply with those such standards; (3) upon request and after
inspection of any such farm product, commodity, or supplies,
certify compliance or noncompliance with those such
standards; (4) provide an informational program to existing
and potential foreign importers of farm products,
commodities, and supplies; (5) qualify for U. S. Department
of Agriculture matching funds for overseas promotion of farm
products, commodities, and supplies according to the federal
requirements regarding State expenditures that are eligible
for matching funds; and (6) provide a consulting service to
persons who desire to export processed or value-added
agricultural products, and assist those such persons in
ascertaining legal and regulatory restrictions and market
preferences that which affect the sale of value-added
agricultural products in foreign markets.
(Source: P.A. 83-445.)
(20 ILCS 205/205-45 new)
(was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
Sec. 205-45. "Illinois Product" label program. The
Department has the power 40.36. to administer the "Illinois
Product" label program, whereby a label with the words
"Illinois Product" on it may be placed on food and
agribusiness commodities produced, processed, or packaged in
Illinois.
(Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)
(20 ILCS 205/205-50 new)
(was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
Sec. 205-50. Ginseng marketing program. The Department
has the power 40.40. to develop a ginseng marketing program
for domestic and international markets.
(Source: P.A. 87-121.)
(20 ILCS 205/205-55 new)
(was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
Sec. 205-55. Gasohol and other alcohol fuels promotion.
The Department has the power 40.27. to promote the use of
gasohol and other alcohol fuels and to promote the
utilization of agricultural crops for the production of
alcohol fuels, particularly the use of by-products of such
crops without diminishing the primary utilization of such
crops.
(Source: P.A. 83-439.)
(20 ILCS 205/205-60 new)
(was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
Sec. 205-60. 40.35. Aquaculture. The Department has the
power to develop and implement a program to promote
aquaculture in this State pursuant to the Aquaculture
Development Act, to promulgate the necessary rules and
regulations, and to cooperate with and seek the assistance of
the Department of Natural Resources and the Department of
Transportation in the implementation and enforcement of that
Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 205/205-100 new)
(was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
Sec. 205-100. Trees and shrubs; insect pests and plant
diseases. The Department has the power 40.11. to encourage
the planting of trees and shrubs and the improvement of farm
homes generally and; to provide for the suppression and
control of insect pests and plant diseases.
(Source: P.A. 84-295.)
(20 ILCS 205/205-105 new)
(was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
Sec. 205-105. County soil surveys. 40.24. The Department
of Agriculture shall provide funds sufficient to pay 25% of
the cost of conducting county soil surveys conducted pursuant
to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
of Federal Regulations.
(Source: P.A. 81-1360.)
(20 ILCS 205/205-110 new)
(was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
Sec. 205-110. Forestry management; farmland preservation.
The Department has the power 40.28. to provide information
and assistance to farmland owners in this State regarding the
economic and soil and water conservation benefits that can be
attained through forestry management on marginal lands and;
to promote farmland preservation.
(Source: P.A. 84-295.)
(20 ILCS 205/205-115 new)
(was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
Sec. 205-115. Revegetation of post-mining land. The
Department has the power: 40.38. to develop data used in the
Agricultural Lands Productivity Formula that is used in
determining the success of revegetation of post-mining land
for row-crop agricultural purposes in accordance with the
Surface Coal Mining Land Conservation and Reclamation Act; to
cooperate with the Department of Natural Resources in
determining the success of the such cropland revegetation
under the Surface Coal Mining Land Conservation and
Reclamation Act; and to publish annually a Soil Master and
County Cropped Acreage Manual, which is data derived from and
used in the formula. The, but such manual is exempt from the
rule-making requirements of the Illinois Administrative
Procedure Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 205/205-200 new)
(was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
Sec. 205-200. Animal welfare. The Department has the
power 40.16. to execute and administer acts and rules
relating to animal welfare.
(Source: P.A. 84-295.)
(20 ILCS 205/205-205 new)
(was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
Sec. 205-205. Contagious and infectious diseases among
domestic animals. The Department has the power 40.13. to
inquire into the causes of contagious, infectious, and
communicable diseases among domestic animals, and the means
for the prevention and cure of those such diseases.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-300 new)
(was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
Sec. 205-300. Inspection of apiaries. The Department has
the power 40.4. to exercise the rights, powers, and duties
vested by law in the State inspector of apiaries and the
inspector's, his assistants and employees.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-305 new)
(was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
Sec. 205-305. Veterinary biologics. The Department has
the power 40.12. to approve the use of licensed veterinary
biologics in the State and approve field trials of veterinary
biologics in accordance with the standards provided for in
the Code of Federal Regulations, Title 9, Subpart E.
(Source: P.A. 88-91; 88-457.)
(20 ILCS 205/205-310 new)
(was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
Sec. 205-310. Laboratory services. The Department has the
power 40.33. to provide laboratory services for the diagnosis
of animal diseases and, for the analysis of feeds,
fertilizers, seeds, and pesticides, and to perform related
laboratory services.
(Source: P.A. 84-295.)
(20 ILCS 205/205-315 new)
(was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
Sec. 205-315. Warehouses; buying and selling grain. The
Department has the power 40.17. to exercise the rights,
powers, and duties vested by law in the Department in
regulating grain warehouses, personal property warehouses,
and persons engaged in the business of buying and selling
grain.
(Source: P.A. 84-295.)
(20 ILCS 205/205-320 new)
(was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
Sec. 205-320. Weights and measures. The Department has
the power 40.18. to execute and administer all laws and
regulations, now or hereafter enacted, relating to weights
and measures.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-325 new)
(was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
Sec. 205-325. Commodities; standards and quality. The
Department has the power 40.19. to execute and administer all
laws and regulations, now or hereafter enacted, relating to
standards and quality of and for commodities.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-330 new)
(was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
Sec. 205-330. Meat and poultry. The Department has the
power 40.32. to execute and administer the laws and rules
pertaining to the slaughter, processing, and sale of meat and
poultry and products thereof.
(Source: P.A. 84-295.)
(20 ILCS 205/205-335 new)
(was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
Sec. 205-335. Pesticides. The Department has the power
40.21. to execute and administer laws and regulations
relating to the distribution, sale, use, and registration of
pesticides and the regulation and certification of persons
applying pesticides and pesticide dealers. The Department
also has the power; and to promote the proper handling and
use of pesticide containers through the operation of
pesticide container recycling programs and to make business
development loans from moneys granted to the Department by
the United States Department of Agriculture for those
purposes, subject to terms and conditions the Department
deems necessary to ensure repayment of the loans.
(Source: P.A. 89-463, eff. 5-31-96.)
(20 ILCS 205/205-340 new)
(was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
Sec. 205-340. Pesticide contamination at agrichemical
facilities. 40.39. In accordance with constitutional
limitations, and to the extent necessary to carry out the
Department's powers and duties under paragraph 8 of Section
19 of the Illinois Pesticide Control Act, the Department has
the power to enter at all reasonable times upon any private
or public property.
(Source: P.A. 86-1172.)
(20 ILCS 205/205-345 new)
(was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
Sec. 205-345. Fertilizers. The Department has the power
40.6. to execute and administer the Acts and rules regulating
the manufacture, sale, and distribution of fertilizers.
(Source: P.A. 84-295.)
(20 ILCS 205/205-350 new)
(was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
Sec. 205-350. Fuel sold as gasohol; penalty. The
Department has the power 40.25. to test fuel that which is
sold as gasohol, or is claimed to be gasohol under the Use
Tax Act, the Service Occupation Tax Act, or the Retailers'
Occupation Tax Act in order, to determine whether the fuel
contains at least 10% alcohol.
Any person who knowingly sells or represents as gasohol
any fuel that which does not qualify as gasohol under any of
the above named Acts is guilty of a business offense and
shall be fined not more than $100 for each day that the such
sale or representation takes place after notification from
the Department that the fuel in question does not qualify as
gasohol.
(Source: P.A. 82-702.)
(20 ILCS 205/205-355 new)
(was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
Sec. 205-355. Motor fuel alcohol; water test. The
Department has the power 40.26. to test alcohol to be used as
a motor fuel component to ensure that insure it contains no
more than 1.25% water by weight.
(Source: P.A. 82-702.)
(20 ILCS 205/205-400 new)
(was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
Sec. 205-400. Transfer of realty; acquisition of federal
lands. The Department has the power 40.20. to transfer
jurisdiction of any realty under the control of the
Department to any other department of the State government,
or to acquire or accept federal lands, when the such
transfer, acquisition, or acceptance is advantageous to the
State and is approved in writing by the Governor.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-405 new)
(was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
Sec. 205-405. State Fairgrounds property. The Department
has the power 40.22. to be the custodian of buildings,
structures, and property located on the State Fairgrounds,
and to maintain those buildings and structures and that
property the same.
(Source: P.A. 81-853.)
(20 ILCS 205/205-410 new)
(was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
Sec. 205-410. Surety bonds; trust funds and accounts;
bank accounts.
(a) In this Section:
"Claimant" means a person who is unable to secure
satisfaction of financial obligations due from a person
subject to regulation by the Department, in accordance with
the applicable statute or regulation and the time limits
provided for in that statute or regulation, if any, under any
of the following Acts:
(1) The Illinois Egg and Egg Products Act.
(2) The Personal Property Storage Act.
(3) The Livestock Auction Market Law.
(4) The Illinois Pesticide Act.
(5) The Weights and Measures Act.
(6) The Illinois Livestock Dealer Licensing Act.
(7) The Slaughter Livestock Buyers Act.
(8) The Illinois Feeder Swine Dealer Licensing Act.
"Failure" under the Acts cited in the definition of
"claimant" contained in this Section means any of the
following:
(1) An inability to financially satisfy claimants
in accordance with the applicable statute or regulation
and the time limits provided for in that statute or
regulation, if any.
(2) A public declaration of insolvency.
(3) A revocation of a license and the leaving of an
outstanding indebtedness to claimants.
(4) A failure to pay claimants in the ordinary
course of business and when a bonafide dispute does not
exist between the licensee and the customer.
(5) A failure to apply for renewal of a license.
(6) A denial of a request for renewal of a license.
(7) A voluntary surrendering of a license.
(b) The Department has the power 40.23. to control
surety bonds and trust funds and to establish trust accounts
and bank accounts in adequately protected financial
institutions, to hold monies received by the Director of
Agriculture when acting as trustee, to protect the assets of
licensees for the benefit of claimants, to accept security
from licensees to collateralize licensees' financial
deficiencies (and that such security shall be secondary to
surety bonds in the collection process), to accept collateral
and security in lieu of or in addition to a commercial surety
bond, and to collect and disburse the proceeds of those such
bonds and trust funds when acting as trustee on behalf of
claimants without responsibility for the management and
operation of discontinued or insolvent businesses, those such
funds, or additions to those funds thereto in which the State
of Illinois has no right, title, or interest.
(c) The Department shall promulgate and file procedural
rules and regulations to be followed concerning the
establishment and segregation of trust accounts and bank
accounts and the holding of administrative hearings to
identify and verify claimants and claim amounts, to claim and
collect the proceeds of surety bonds and other assets, and to
distribute monies in trust funds and bank accounts to
claimants. The trustee shall maintain and retain records and
make available for audit or review by any person, firm,
corporation, or government entity the such trust accounts and
bank accounts, check registers, cancelled claimants' checks,
and records accumulated and used by the Department to
ascertain the claimants and claims against surety bonds or
trust funds.
Definitions of terms as used in this Section:
"Claimant" means a person who is unable to secure
satisfaction of financial obligations due from a person
subject to regulation by the Department, in accordance with
applicable statute or regulation and the time limits provided
for therein, if any, under any of the following Acts:
(a) Illinois Egg and Egg Products Act;
(b) Personal Property Storage Act;
(c) (Blank);
(d) Livestock Auction Market Law;
(e) Illinois Pesticide Act;
(f) Weights and Measures Act;
(g) Illinois Livestock Dealer Licensing Act;
(h) Slaughter Livestock Buyers Act;
(i) (Blank); or
(j) Illinois Feeder Swine Dealer Licensing Act.
"Failure" under the Acts cited in the definition of
"claimant" contained in this Section means:
(a) An inability to financially satisfy claimants in
accordance with applicable statute or regulation and the time
limits provided for therein, if any;
(b) A public declaration of insolvency;
(c) A revocation of license and leaving outstanding
indebtedness to claimants;
(d) A failure to pay claimants in the ordinary course of
business and where a bonafide dispute does not exist between
and customer;
(e) A failure to apply for license renewal;
(f) A denial of license renewal; or
(g) A voluntary surrendering of a license.
(d) The Department may use monies in the trust accounts
that are established to hold monies received in trust for
disbursement to claimants for the benefit of claimants and
for paying expenses incurred in pursuing those such assets.
(Source: P.A. 89-287, eff. 1-1-96.)
(20 ILCS 205/205-415 new)
(was 20 ILCS 205/40.42)
Sec. 205-415. 40.42. State Cooperative Extension Service
Trust Fund. The Department of Agriculture shall deposit into
the State Cooperative Extension Service Trust Fund, a trust
fund created outside the State treasury and held by the State
Treasurer as custodian, all funds appropriated to the
Department as matching funds and for the purpose of general
support for cooperative extension programs as provided in the
County Cooperative Extension Law. At the direction of the
Treasurer of the University of Illinois, the Director of
Agriculture shall direct the State Treasurer and the State
Comptroller to transfer the trust funds to the University of
Illinois as provided under subsection (d) of Section 8 8(d)
of the County Cooperative Extension Law. The Department
shall not have responsibility for or control over the
cooperative extension service or its programs because of this
trust fund.
(Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.)
(20 ILCS 205/205-420 new)
(was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
Sec. 205-420. Appropriations for county fairs and
farmers' institutes. The Department has the power 40.15. to
investigate and ascertain that moneys appropriated for county
fairs and farmers' institutes are faithfully applied to the
purposes authorized by law.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-425 new)
(was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
Sec. 205-425. Criminal history record information from
Department of State Police. 40.37. Whenever the Department of
Agriculture is authorized or required by law to consider some
aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of subsection 22 of Section 2605-400 55a of
"the Department of State Police Law (20 ILCS 2605/2605-400)
Civil Administrative Code of Illinois", the Department of
State Police is authorized to furnish, pursuant to positive
identification, the such information contained in State files
that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 205/205-430 new)
(was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
Sec. 205-430. Cooperation with U.S. Department of
Agriculture. The Department has the power 40.34. to cooperate
with and enter into agreements with the United States
Department of Agriculture and with others in carrying out the
powers and duties vested in the Department and to adopt
guidelines, by reference, issued by federal agencies in
carrying out its powers and duties.
(Source: P.A. 84-295.)
(5 ILCS 620/Art. 250 heading new)
ARTICLE 250. STATE FAIR GROUNDS
(5 ILCS 620/250-1 new)
Sec. 250-1. Article short title. This Article 250 of the
Civil Administrative Code of Illinois may be cited as the
State Fair Grounds Title Law.
(5 ILCS 620/250-5 new)
(was 5 ILCS 620/42) (from Ch. 127, par. 42)
Sec. 250-5. Title to State fair grounds. 42. The people
of the State of Illinois shall succeed to all the right,
title, and interest of the Illinois Department of Agriculture
in and to the State fair grounds, and to all lands,
buildings, money, unexpended appropriations, or other
property connected therewith.
(Source: P.A. 90-192, eff. 7-24-97.)
(20 ILCS 310/Art. 310 heading new)
ARTICLE 310. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
(20 ILCS 310/310-1 new)
Sec. 310-1. Article short title. This Article 310 of
the Civil Administrative Code of Illinois may be cited as the
Department of Human Services (Alcoholism and Substance Abuse)
Law.
(20 ILCS 310/310-5 new)
(was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
Sec. 310-5. Powers under certain Acts. 9.29. The
Department of Human Services, as successor to the Department
of Alcoholism and Substance Abuse, shall exercise,
administer, and enforce all rights, powers, and duties
formerly vested in the Department of Mental Health and
Developmental Disabilities by the following named Acts or
Sections of those Acts as they pertain to the provision of
alcoholism services service and the Dangerous Drugs
Commission by the following named Acts or Sections thereof:
(1) 1. The "Cannabis Control Act", approved August
16, 1971, as amended.
(2) 2. The "Illinois Controlled Substances Act",
approved August 16, 1971, as amended.
(3) 3. The "Community Mental Health Act", approved
June 26, 1963, as amended.
(4) 4. The "Community Services Act", approved
August 13, 1981, as amended.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/Art. 405 heading new)
ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
(20 ILCS 405/405-1 new)
Sec. 405-1. Article short title. This Article 405 of
the Civil Administrative Code of Illinois may be cited as the
Department of Central Management Services Law.
(20 ILCS 405/405-5 new)
(was 20 ILCS 405/405.2) (from Ch. 127, par. 35.2)
Sec. 405-5. Definitions.
(a) In this Law 35.2. As used in sections 35.3 through
35.9 of this Act:
(a) "Department" means the Department of Central
Management Services.
(b) "Director" means the Director of Central Management
Services.
(b) In paragraphs (1) and (2) of Section 405-10 and in
Section 405-15, (c) "State agency", whether used in the
singular or plural, means all departments, officers,
commissions, boards, institutions, and bodies politic and
corporate of the State, including the offices of clerk of the
supreme court and clerks of the appellate courts. The term
does; except, it shall not mean the several courts of the
State, nor does it mean the legislature or, its committees or
commissions.
(Source: P.A. 82-789.)
(20 ILCS 405/405-10 new)
(was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
Sec. 405-10. Director's duties; State policy. 35.3. It
shall be the duty of the Director and the policy of the State
of Illinois to do the following:
(1) (a) Place financial responsibility on State
agencies (as defined in subsection (b) of Section 405-5)
and to hold them accountable for the proper discharge of
this responsibility.
(2) (b) Require professional, accurate, and current
accounting with the State agencies (as defined in
subsection (b) of Section 405-5).
(3) (c) Decentralize fiscal, procedural, and
administrative operations to expedite the business of the
State and to avoid expense, unwieldiness, inefficiency,
and unnecessary duplication where decentralization is
consistent with proper fiscal management.
(4) (d) Manage or delegate the management of the
procurement, retention, installation, maintenance, and
operation of all electronic data processing equipment
used by State agencies as defined in Section 405-20 35.7
of this Act, so as to achieve maximum economy consistent
with development of adequate and timely information in a
form suitable for management analysis, in a manner that
provides for adequate security protection and back-up
facilities for that such equipment, the establishment of
bonding requirements, and a code of conduct for all
electronic data processing personnel to ensure insure the
privacy of electronic data processing information as
provided by law.
(Source: P.A. 80-57.)
(20 ILCS 405/405-15 new)
(was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
Sec. 405-15. Audits. 35.4. The Department, when so
requested by the Governor or the chief executive officer of a
State agency, may perform internal audits, and procedural
audits and in performing these responsibilities, the
Department may examine the accounts of any organization,
body, or agency receiving appropriations from the General
Assembly, including all grantees and sub-grantees of grantor
State agencies included within the scope of the audit. For
purposes of this Section, "State agency" is defined as in
subsection (b) of Section 405-5.
(Source: P.A. 87-817.)
(20 ILCS 405/405-20 new)
(was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
Sec. 405-20. Fiscal policy information to Governor;
statistical research planning. 35.7.
(a) The Department shall be responsible for providing
the Governor with timely, comprehensive, and meaningful
information pertinent to the formulation and execution of
fiscal policy. In performing this responsibility the
Department shall have the power and duty to do the following:
(1) (a) Control the procurement, retention,
installation, maintenance, and operation, as specified by
the Director, of electronic data processing equipment
used by State agencies in such a manner as to achieve
maximum economy and provide adequate assistance in the
development of information suitable for management
analysis.;
(2) (b) Establish principles and standards of
statistical reporting by State agencies and priorities
for completion of research by those such agencies in
accordance with the requirements for management analysis
as specified by the Director.;
(3) (c) Establish, through the Director, charges
for statistical services requested by State agencies and
rendered by the Department of Central Management
Services. The Such State agencies so charged shall
reimburse the Department of Central Management Services
by vouchers drawn against their respective appropriations
for electronic data processing. The Department is
likewise empowered through the Director to establish
prices or charges for all statistical reports purchased
by agencies and individuals not connected with State
government.;
(4) (d) Instruct all State agencies as the Director
may require to report regularly to the Department, in the
such manner as the Director may prescribe,: their usage
of electronic information devices, the cost incurred, the
information produced, and the procedures followed in
obtaining the said information. All State such agencies
shall request of the Director of Central Management
Services any statistical services requiring the use of
electronic devices and shall conform to the priorities
assigned by the Director in using those such electronic
devices.;
(5) (e) Examine the accounts and statistical data
of any organization, body, or agency receiving
appropriations from the General Assembly.;
(6) (f) Install and operate a modern information
system utilizing equipment adequate to satisfy the
requirements for analysis and review as specified by the
Director. Expenditures for statistical services rendered
shall be reimbursed by the recipients. The Such
reimbursement shall be determined by the Director of
Central Management Services as amounts sufficient to
reimburse the Statistical Services Revolving Fund for
expenditures incurred in rendering the such services.
(b) In addition to the other powers and duties listed in
this Section, the Department shall analyze the present and
future aims, needs, and requirements of statistical research
and planning in order, to provide for the formulation of
overall policy relative to the use of electronic data
processing equipment by the State of Illinois. In making this
analysis, the Department under the Director shall formulate a
master plan for statistical research, utilizing electronic
equipment most advantageously, and advising whether
electronic data processing equipment should be leased or
purchased by the State. The Department under the Director
shall prepare and submit interim reports of meaningful
developments and proposals for legislation to the Governor on
or before January 30 each year. The Department under the
Director shall engage in a continuing analysis and evaluation
of the master plan so developed, and it shall be the
responsibility of the Department to recommend from time to
time any needed amendments and modifications of any master
plan enacted by the General Assembly.
(c) For the purposes of this Section, Section 405-245,
and paragraph (4) of Section 405-10 only, "State agencies"
means all departments, boards, commissions, and agencies of
the State of Illinois subject to the Governor.
(Source: P.A. 82-789.)
(20 ILCS 405/405-25 new)
(was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
Sec. 405-25. Moneys made available by public or private
entities. 67.34. The Department may apply for, receive,
expend, allocate, or disburse funds and moneys made available
by public or private entities, including, but not limited to,
contracts, private or public financial gifts, bequests,
grants, or donations from individuals, corporations,
foundations, or public or private institutions of higher
learning. All funds received by the Department from these
sources shall be deposited into the State treasury into a
State trust fund to be held by the State Treasurer as ex
officio custodian and subject to the Comptroller --
Treasurer, voucher -- warrant system. The funds shall be
expended by the Department for purposes as indicated by the
grantor, donor, or, in the case of funds or moneys given or
donated for no specific purpose, for any purpose deemed
appropriate by the Director in administering the
responsibilities of the agency as set forth in the Personnel
Code.
(Source: P.A. 87-888.)
(20 ILCS 405/405-30 new)
(was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
Sec. 405-30. Administrative Procedure Act applies.
67.20. The provisions of "the Illinois Administrative
Procedure Act", as now or hereafter amended, are hereby
expressly adopted and incorporated herein as though a part of
this Law Act, and shall apply to all administrative rules and
procedures of the Department of Central Management Services.
(Source: P.A. 82-789.)
(20 ILCS 405/405-100 new)
(was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
Sec. 405-100. Administration of the Personnel Code. 64.
The Department of Central Management Services shall have
power to administer the "Personnel Code" enacted by the 69th
General Assembly.
(Source: P.A. 82-789.)
(20 ILCS 405/405-105 new)
(was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
Sec. 405-105. Fidelity, surety, property, and casualty
insurance. 64.1. The Department of Central Management
Services shall establish and implement a program to
coordinate the handling of all fidelity, surety, property,
and casualty insurance exposures, of the State and the
departments, divisions, agencies, branches, and universities
of the State. In performing this responsibility, the
Department shall have the power and duty to do the following:
(1) (a) Develop and maintain loss and exposure data on
all State property.
(2) (b) Study the feasibility of establishing a
self-insurance plan for State property and prepare estimates
of the costs of reinsurance for risks beyond the realistic
limits of the self-insurance.
(3) (c) Prepare a plan for centralizing the purchase of
property and casualty insurance on State property under a
master policy or policies, and to purchase the insurance
contracted for as provided in the Illinois Purchasing Act.
(4) (d) Evaluate existing provisions for fidelity bonds
required of State employees and recommend such changes that
as are appropriate commensurate with risk experience and the
determinations respecting self-insurance or reinsurance so as
to permit reduction of costs without loss of coverage.
(5) (e) Investigate procedures for inclusion of school
districts, public community junior college districts, and
other units of local government in programs for the
centralized purchase of insurance.
(6) (f) Implement such recommendations of the State
Property Insurance Study Commission that as the Department
finds necessary or desirable in the performance of its powers
and duties under this Section to achieve efficient and
comprehensive risk management.
(7) (g) Prepare and, in the discretion of the Director
of Central Management Services, implement a plan providing
for the purchase of public liability insurance or for
self-insurance for public liability or for a combination of
purchased insurance and self-insurance for public liability
(i) (1) covering the State and drivers of motor vehicles
owned, leased, or controlled by the State of Illinois
pursuant to the provisions and limitations contained in the
Illinois Vehicle Code, (ii) (2) covering other public
liability exposures of the State and its employees within the
scope of their employment, and (iii) (3) covering drivers of
motor vehicles not owned, leased, or controlled by the State
but used by a State employee on State business, in excess of
liability covered by an insurance policy obtained by the
owner of the motor vehicle or in excess of the such dollar
amounts that as the Department shall determine to be
reasonable. Any contract of insurance let under this Law Act
shall be by bid in accordance with the procedure set forth in
the Illinois Purchasing Act. Any provisions for
self-insurance shall conform to subdivision (11) subsection
(k).
The term "employee" as used in this subdivision (7) and
in subdivision (11) subsections (g) and (k) means a person
while in the employ of the State who is a member of the staff
or personnel of a State agency, bureau, board, commission,
committee, department, university, or college or who is a
State officer, elected official, commissioner, member of or
ex officio member of a State agency, bureau, board,
commission, committee, department, university, or college, or
a member of the National Guard while on active duty pursuant
to orders of the Governor of the State of Illinois, or any
other person while using a licensed motor vehicle owned,
leased, or controlled by the State of Illinois with the
authorization of the State of Illinois, provided the actual
use of the motor vehicle thereof is within the scope of that
such authorization and within the course of State service.
Subsequent to payment of a claim on behalf of an employee
pursuant to this Section and after reasonable advance written
notice to the employee, the Director may exclude the employee
from future coverage or limit the such coverage under the
plan if (i) (1) the Director determines that the claim
resulted from an incident in which the employee was grossly
negligent or had engaged in willful and wanton misconduct; or
(ii) (2) the Director determines that the employee is no
longer an acceptable risk based on a review of prior
accidents in which the employee was at fault and for which
payments were made pursuant to this Section.
The Director is authorized to promulgate such
administrative rules that as may be necessary to establish
and administer the plan.
Appropriations from the Road Fund shall be used to pay
auto liability claims and related expenses involving
employees of the Department of Transportation, the Illinois
State Police, and the Secretary of State.
(8) (h) Charge, collect, and receive from all other
agencies of the State government fees or monies equivalent to
the cost of purchasing the insurance.
(9) (i) (1) Establish, through the Director, charges for
risk management services rendered to State agencies by the
Department of Central Management Services. The State agencies
so charged shall reimburse the Department of Central
Management Services by vouchers drawn against their
respective appropriations. The reimbursement shall be
determined by the Director of Central Management Services as
amounts sufficient to reimburse the Department for
expenditures incurred in rendering the service.
(2) The Department of Central Management Services shall
charge the employing State agency or university for workers'
compensation payments for temporary total disability paid to
any employee after the employee has received temporary total
disability payments for 120 days if the employee's treating
physician has issued a release to return to work with
restrictions and the employee is able to perform modified
duty work but the employing State agency or university does
not return the employee to work at modified duty. Modified
duty shall be duties assigned that may or may not be
delineated as part of the duties regularly performed by the
employee. Modified duties shall be assigned within the
prescribed restrictions established by the treating physician
and the physician who performed the independent medical
examination. The amount of all reimbursements shall be
deposited into the Workers' Compensation Revolving Fund which
is hereby created as a special fund in the State treasury.
Moneys in the Fund shall be used, subject to appropriation,
to pay these or other temporary total disability claims of
employees of State agencies and universities.
(3) Beginning with fiscal year 1996, all amounts
recovered by the Department through subrogation in workers'
compensation and workers' occupational disease cases shall be
deposited into the Workers' Compensation Revolving Fund
created under this subdivision (9) (i)(2).
(10) (j) Establish rules, procedures, and forms to be
used by State agencies in the administration and payment of
workers' compensation claims. The Department shall initially
evaluate and determine the compensability of any injury that
which is the subject of a workers' compensation claim and
provide for the administration and payment of such a claim
for all State agencies. The Director may delegate to any
agency with the agreement of the agency head the
responsibility for evaluation, administration, and payment of
that agency's claims.
(11) (k) Any plan for public liability self-insurance
implemented under this Section shall provide that (i) (1) the
Department of Central Management Services shall attempt to
settle and may settle any public liability claim filed
against the State of Illinois or any public liability claim
filed against a State employee on the basis of an occurrence
in the course of the employee's his State employment; (ii)
(2) any settlement of such a claim must be approved by the
Director of Central Management Services and, in cases of
settlements exceeding $100,000, by the Governor; and (iii)
(3) a settlement of any public liability claim against the
State or a State employee shall require an unqualified
release of any right of action against the State and the
employee for acts within the scope of the employee's
employment giving rise to the claim.
Whenever and to the extent that a State employee operates
a motor vehicle or engages in other activity covered by
self-insurance under this Section, the State of Illinois
shall defend, indemnify, and hold harmless the employee
against any claim in tort filed against the employee for acts
or omissions within the scope of the employee's his
employment in any proper judicial forum and not settled
pursuant to this subdivision (11) subsection, provided that
this obligation of the State of Illinois shall not exceed a
maximum liability of $2,000,000 for any single occurrence in
connection with the operation of a motor vehicle or $100,000
per person per occurrence for any other single occurrence, or
$500,000 for any single occurrence in connection with the
provision of medical care by a licensed physician employee.
Any claims against the State of Illinois under a
self-insurance plan that which are not settled pursuant to
this subdivision (11) subsection shall be heard and
determined by the Court of Claims, and may not be filed or
adjudicated in any other forum. The Attorney General of the
State of Illinois or the Attorney General's his designee
shall be the attorney with respect to all public liability
self-insurance claims that which are not settled pursuant to
this subdivision (11) subsection and therefore result in
litigation. The payment of any award of the Court of Claims
entered against the State relating to any public liability
self-insurance claim shall act as a release against any State
employee involved in the occurrence.
(12) (l) Administer a plan the purpose of which is to
make payments on final settlements or final judgments in
accordance with the State Employee Indemnification Act. The
plan shall be funded through appropriations from the General
Revenue Fund specifically designated for that purpose, except
that indemnification expenses for employees of the Department
of Transportation, the Illinois State Police, and the
Secretary of State shall be paid from the Road Fund. The
term "employee" as used in this subdivision (12) has
subsection shall have the same meaning as under subsection
(b) of Section 1 of the State Employee Indemnification Act.
Subject to sufficient appropriation, the Director of Central
Management Services shall approve payment of any claim
presented to the Director him that is supported by a final
settlement or final judgment when the Attorney General and
the chief officer of the public body against whose employee
the claim or cause of action is asserted certify to the
Director him that the claim is in accordance with the State
Employee Indemnification Act, and that they approve of the
payment. In no event shall an amount in excess of $150,000
be paid from this plan to or for the benefit of any claimant.
(13) (m) Administer a plan the purpose of which is to
make payments on final settlements or final judgments for
employee wage claims in situations where there was an
appropriation relevant to the wage claim, and the fiscal year
and lapse period have expired, and that sufficient funds were
available to pay the such claim. The plan shall be funded
through appropriations from the General Revenue Fund
specifically designated for that purpose.
Subject to sufficient appropriation, the Director of
Central Management Services is authorized to pay any wage
claim presented to the Director him that is supported by a
final settlement or final judgment when the chief officer of
the State agency employing the claimant certifies to the
Director him that the claim is a valid wage claim and that
the fiscal year and lapse period have expired. Payment for
claims that are properly submitted and certified as valid by
the Director of Central Management Services shall include
interest accrued at the rate of 7% per annum from the
forty-fifth day after the claims are received by the
Department of Central Management Services or 45 days from the
date on which the amount of payment is agreed upon, whichever
is later, until the date the claims are submitted to the
Comptroller for payment. When the Attorney General has filed
an appearance in any proceeding concerning a wage claim
settlement or judgment, the Attorney General shall certify to
the Director of Central Management Services that the wage
claim is valid before any payment is made. In no event shall
an amount in excess of $150,000 be paid from this plan to or
for the benefit of any claimant.
Nothing in Public Act 84-961 this Amendatory Act of 1985
shall be construed to affect in any manner the jurisdiction
of the Court of Claims concerning wage claims made against
the State of Illinois.
(14) (n) Prepare and, in the discretion of the Director
of Central Management Services, implement a program for
self-insurance for official fidelity and surety bonds for
officers and employees as authorized by the Official Bond
Act.
(Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
89-626, eff. 8-9-96.)
(20 ILCS 405/405-110 new)
(was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
Sec. 405-110. Federal tax-exempt benefits in lieu of
salary or wages. 64.2.
(a) The Department of Central Management Services may, at
the Director's discretion, establish and implement or approve
plans whereby State employees and officers, including those
of State universities and colleges, may enter into agreements
with their employer to elect to receive, in lieu of salary or
wages, benefits that which are not taxable under the federal
Internal Revenue Code. These Such agreements may include the
acceptance of a reduction in earnings or the foregoing of an
increase in earnings by an employee and the employer's
payment of those such amounts as employer contributions for
benefits that which the employee selects from a list of
employee benefits offered by the employer.
(b) Prior to the establishment of such a plan, the
Director shall seek the advice of interested State agencies
regarding the content and implementation of the plan.
(c) Selection of plan offerings shall not be subject to
the Illinois Purchasing Act.
(d) Benefits selected by employees shall be included in
gross income for determination of pension base.
(Source: P.A. 84-167.)
(20 ILCS 405/405-115 new)
(was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
Sec. 405-115. State agency employees child care
services. 64.3. The Department of Central Management
Services shall administer the "State Agency Employees Child
Care Services Act", enacted by the 84th General Assembly.
(Source: P.A. 84-1308.)
(20 ILCS 405/405-120 new)
(was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
Sec. 405-120. Hispanic and bilingual employees. 67.29.
The Department shall develop and implement plans to increase
the number of Hispanics employed by State government and the
number of bilingual persons employed in State government at
supervisory, technical, professional, and managerial levels.
(Source: P.A. 85-301.)
(20 ILCS 405/405-125 new)
(was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
Sec. 405-125. State agency affirmative action and equal
employment opportunity goals. 67.31. The Department shall
assist State agencies required to establish preparation and
promotion training programs under subsection (H) of Section
7-105 of the Illinois Human Rights Act for failure to meet
their affirmative action and equal employment opportunity
goals. The Department shall survey State agencies to
identify effective existing training programs and shall serve
as a resource to other State agencies. The Department shall
assist agencies in the development and modification of
training programs to enable them to meet their affirmative
action and equal employment opportunity goals and shall
provide information regarding other existing training and
educational resources, such as the Upward Mobility Program,
the Illinois Institute for Training and Development, and the
Central Management Services Training Center.
(Source: P.A. 86-1411; 86-1475.)
(20 ILCS 405/405-130 new)
(was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
Sec. 405-130. State employees and retirees suggestion
award program. 67.28.
(a) The Department shall assist in the implementation of
a State Employees and Retirees Suggestion Award Program, to
be administered by the Board created in subsection (b). The
program shall encourage and reward improvements in the
operation of State government that which result in
substantial monetary savings. Any State employee, including
management personnel as defined by the Department, any
annuitant under Article 14 of the Illinois Pension Code and
any annuitant under Article 15 of that Code who receives a
retirement or disability retirement annuity, but not
including elected officials and departmental directors, may
submit a cost-saving suggestion to the Board, which shall
direct the suggestion to the appropriate department or agency
without disclosing the identity of the suggester. A
suggester may make a suggestion or include documentation on
matters a department or agency considers confidential, except
where prohibited by federal or State law; and no disciplinary
or other negative action may be taken against the suggester
unless there is a violation of federal or State law.
Suggestions, including documentation, upon receipt, shall
be given confidential treatment and shall not be subject to
subpoena or nor be made public until the agency affected by
it has had the opportunity to request continued
confidentiality. The agency, if it requests continued
confidentiality, shall attest that disclosure would violate
federal or State law or rules and regulations pursuant to
federal or State law thereto or is a matter covered under
Section 7 of the Freedom of Information Act. The Board shall
make its decision on continued confidentiality and, if it so
classifies the suggestion, shall notify the suggester and
agency. A suggestion classified "continued confidential"
shall nevertheless be evaluated and considered for award. A
suggestion that which the Board finds or the suggester states
or implies constitutes a disclosure of information that which
the suggester reasonably believes evidences (1) a violation
of any law, rule, or regulation or (2) mismanagement, a gross
waste of funds, an abuse of authority, or a substantial and
specific danger to public health or safety may be referred to
the appropriate investigatory or law enforcement agency for
consideration for investigation and action. The identity of
the suggester may not be disclosed without the consent of the
suggester during any investigation of the information and any
related matters. Such a suggestion shall also be evaluated
and an award made when appropriate. That portion of Board
meetings that involves the consideration of suggestions
classified "continued confidential" or being considered for
that such classification shall be closed meetings.
The Board may at its discretion make awards for those
suggestions certified by agency or department heads as
resulting in savings to the State of Illinois. Management
personnel shall be recognized for their suggestions as the
Board considers appropriate, but shall not receive any
monetary award. Annuitants and employees, other than
employees who are management personnel, shall receive awards
in accordance with the schedule below. Each award to
employees other than management personnel and awards to
annuitants shall be paid in one lump sum by the Board created
in subsection (b). A monetary award may be increased by
appropriation of the General Assembly.
The amount of each award to employees other than
management personnel and the award to annuitants shall be
determined as follows:
$1.00 to $5,000 savings..................... an amount not
to exceed
$500.00 or a
certificate
of merit, or
both, as
determined
by the Board
more than $5,000 up to $20,000 savings...... $500 award
more than $20,000 up to $100,000 savings.... $1,000 award
more than $100,000 up to $200,000 savings... $2,000 award
more than $200,000 up to $300,000 savings... $3,000 award
more than $300,000 up to $400,000 savings... $4,000 award
more than $400,000.......................... $5,000 award
(b) There is created a State Employees and Retirees
Suggestion Award Board to administer the program described in
subsection (a). The Board shall consist of 8 members
appointed 2 each by the President of the Senate, the and
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives and, as ex-officio, non-voting members, the
directors of the Bureau of the Budget and the Department of
Central Management Services. Each appointing authority shall
designate one initial appointee to serve one year and one
initial appointee to serve 2 years; subsequent terms shall be
2 years. Any vacancies shall be filled for the unexpired
term by the original appointing authority and any member may
be reappointed. Board members shall serve without
compensation but may be reimbursed for expenses incurred in
the performance of their duties. The Board shall annually
elect a chairman from among its number, shall meet monthly or
more frequently at the call of the chairman, and shall
establish necessary procedures, guidelines, and criteria for
the administration of the program. The Board shall annually
report to the General Assembly by January 1 on the operation
of the program, including the nature and cost-savings of
implemented suggestions, and any recommendations for
legislative changes it deems appropriate. The General
Assembly shall make an annual appropriation to the Board for
payment of awards and the expenses of the Board, such as, but
not limited to: travel of the members, preparation of
publicity material, printing of forms and other matter, and
contractual expenses.
(Source: P.A. 86-1019; 86-1027; 87-1009.)
(20 ILCS 405/405-190 new)
(was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
Sec. 405-190. Reduced rates and fares for State employee
travel. 67.27. To negotiate with vendors to establish reduced
rates and fares applicable for transportation and lodging for
State employees traveling on official business, and to
publish a directory or listing of those such fares and rates.
The publication shall be made available to all State agencies
in sufficient quantities to maximize utilization of the
reduced rates and fares.
(Source: P.A. 84-346.)
(20 ILCS 405/405-200 new)
(was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
Sec. 405-200. Department's responsibility, generally.
67. The Department of Central Management Services is
responsible for certain State properties, acquisitions, and
services. In performing this responsibility the Department
has the powers and duties set forth in the Sections following
this Section (except Sections 405-220, 405-245, 405-250,
405-255, and 405-260) and in Sections 405-25, 405-30,
405-120, 405-125, and 405-130 67.01 through 67.40.
(Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
(20 ILCS 405/405-210 new)
(was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
Sec. 405-210. State Property Control Act. 67.21. To
administer the State Property Control Act.
(Source: P.A. 76-2028.)
(20 ILCS 405/405-215 new)
(was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
Sec. 405-215. Proper utilization of State property.
67.22. To require proper utilization of State property.
(Source: P.A. 76-2028.)
(20 ILCS 405/405-220 new)
(was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
Sec. 405-220. Inventorying State property. 35.9. The
Department shall establish regulations for inventorying of
property owned or controlled by the State.
(Source: P.A. 82-783.)
(20 ILCS 405/405-225 new)
(was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
Sec. 405-225. Office supply stockrooms. 67.09. To
establish and operate office supply stockrooms where it finds
that the office supply needs of more than one agency may be
more efficiently or economically served by centralized State
distribution and, when those such stockrooms are established,
to prescribe the items to be stocked in and the geographical
area to be served by the stockrooms. The Department shall
purchase stocks of supplies from the Office Supplies
Revolving Fund in accordance with the rules and regulations
of the Department of Central Management Services, be
responsible for the receipt, care, and custody of the such
supplies, and keep detailed records thereof. The Department
shall bill the State agency receiving materials withdrawn
from stock as they are withdrawn.
(Source: P.A. 82-789.)
(20 ILCS 405/405-230 new)
(was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
Sec. 405-230. Forms Notice Act. 67.23. To administer the
provisions of the Forms Notice Act.
(Source: P.A. 90-655, eff. 7-30-98.)
(20 ILCS 405/405-240 new)
(was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
Sec. 405-240. Information concerning the State. 67.05.
To publish, from time to time, for the information of the
several departments and of the general public, bulletins of
the work of the government; to collect, compile, and
disseminate information and literature concerning the
industrial, agricultural, and recreational facilities and
advantages, the historic and scenic places of interest, and
the transportation and highway facilities of Illinois; to
encourage and coordinate the efforts of other public and
private organizations or groups of citizens to publicize the
facilities and attractions of Illinois; and to use or, employ
or to contract for the use or employment of whatever
advertising medium it may deem necessary to effectuate the
purposes herein provided in this Section.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-250 new)
(was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
Sec. 405-250. Statistical services; use of electronic
data processing equipment. 35.7a. The Department may make
statistical services and the use of electronic data
processing equipment, including necessary telecommunications
lines and equipment, available to local governments, elected
State officials, State educational institutions, and all
other governmental units of the State requesting them. The
Director is empowered to establish prices and charges for the
statistical services so furnished and for the use of the
electronic data processing equipment and necessary
telecommunications lines and equipment. The Such prices and
charges shall be sufficient to reimburse the cost of
furnishing the such services and use of equipment and lines.
(Source: P.A. 83-1332.)
(20 ILCS 405/405-255 new)
(was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
Sec. 405-255. Division of Management Information. 35.8.
The Department, through its Division of Management
Information, may make statistical services and the use of
electronic data processing equipment available to local
governments, elected State officials, State educational
institutions, and all other governmental units of the State
requesting them. The Director is empowered to establish
prices and charges for the statistical services so furnished
and for the use of the electronic data processing equipment.
The Such prices and charges shall be sufficient to reimburse
the cost of furnishing the such services and use of
equipment.
(Source: Laws 1967, p. 2655.)
(20 ILCS 405/405-260 new)
(was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
Sec. 405-260. Standards for management information
systems. 35.7c. The Department may establish statistical and
protocol standards to provide consistency in the operation
and use of management information systems.
(Source: P.A. 87-817.)
(20 ILCS 405/405-265 new)
(was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
Sec. 405-265. Plan to coordinate or centralize
communications among State offices. 67.08. To develop and
implement a comprehensive plan to coordinate or centralize
communications among State offices at different locations.
The plan shall be updated based on a continuing study of
communications problems of State government and shall include
but not be limited to telephone, teletypewriter use in
computer operations, the use of voice, data, and video
communications systems, and any other form of communications
system that which may be applicable. The plan shall take
into consideration systems that which might effect economies,
including but not limited to quantity discount services and,
the use of a common switchboard or Centrex installation for
State agencies for cities, regions of the State, or the
entire State, and may include provision of telecommunications
service to local and federal government entities located
within this State if State interests can be served by so
doing.
(Source: P.A. 84-961.)
(20 ILCS 405/405-270 new)
(was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
Sec. 405-270. Telecommunications services. 67.18. To
provide for and co-ordinate telecommunications services for
State agencies and, when requested and when in the best
interests of the State, for units of federal or local
governments, and public and not-for-profit institutions of
primary, secondary, and higher education. The Department may
make use of its satellite uplink available to interested
parties not associated with State government provided that
State government usage shall have first priority. For this
purpose the Department shall have the power and duty to do
all of the following:
(1) (a) Provide for and control the procurement,
retention, installation, and maintenance of
telecommunications equipment or services used by State
agencies in the interest of efficiency and economy.;
(2) (b) Establish standards by January 1, 1989 for
communications services for State agencies which shall
include a minimum of one telecommunication device for the
deaf installed and operational within each State agency,
to provide public access to agency information for those
persons who are hearing or speech impaired. The
Department shall consult the Department of Human Services
to develop standards and implementation for this such
equipment.;
(3) (c) Establish charges (i) for communication
services for State agencies and, when requested, for
units of federal or local government and, public and
not-for-profit institutions of primary, secondary, or
higher education, and (ii) for use of the Department's
satellite uplink by parties not associated with State
government. Entities charged for these such services
shall reimburse the Department of Central Management
Services by vouchers drawn against their respective
appropriations for telecommunications services.;
(4) (d) Instruct all State agencies to report their
usage of telecommunication services regularly to the
Department in the such manner as the Director may
prescribe.;
(5) (e) Analyze the present and future aims and
needs of all State agencies in the area of
telecommunications services and plan to serve those such
aims and needs in the most effective and efficient
manner.; and
(6) (f) Establish the such administrative
organization within the Department that as is required to
accomplish the purpose of this Section.
The Department of Central Management Services is
authorized to conduct a study for the purpose of determining
technical, engineering, and management specifications for the
networking, compatible connection, or shared use of existing
and future public and private owned television broadcast and
reception facilities, including but not limited to
terrestrial microwave, fiber optic, and satellite, for
broadcast and reception of educational, governmental, and
business programs, and to implement those specifications.
However, the Department may not control or interfere with
the input of content into the telecommunications systems by
the several State agencies or units of federal or local
government, or public or not-for-profit institutions of
primary, secondary, and higher education, or users of the
Department's satellite uplink.
As used in this Section, the term "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except the
General Assembly, legislative service agencies, and all
officers of the General Assembly.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/405-275 new)
(was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
Sec. 405-275. Grants for distance learning services.
67.33. To award grants to public community colleges and
education service centers for development and implementation
of telecommunications systems that provide distance learning
services.
(Source: P.A. 87-583; 87-895.)
(20 ILCS 405/405-280 new)
(was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
Sec. 405-280. State garages; passenger cars. 67.15. To
supervise and administer all State garages used for the
repair, maintenance, or servicing of State-owned motor
vehicles except those operated by any State college or
university or by the Illinois Mathematics and Science
Academy; and to acquire, maintain, and administer the
operation of the passenger cars reasonably necessary to the
operations of the executive department of the State
government. To this end, the Department of Central
Management Services shall adopt regulations setting forth
guidelines for the acquisition, use, maintenance, and
replacement of motor vehicles, including the use of ethanol
blended gasoline whenever feasible, used by the executive
department of State government; and shall occupy the space
and take possession of the personnel, facilities, equipment,
tools, and vehicles that which are in the possession or under
the administration of the former Department of Administrative
Services for these purposes on July 13, 1982 (the effective
date of Public Act 82-789); this amendatory Act of 1982 and
shall, from time to time, acquire any such further,
additional, and replacement facilities, space, tools, and
vehicles that as are reasonably necessary for the purposes
described in this Section.
(Source: P.A. 86-109; 87-373.)
(20 ILCS 405/405-285 new)
(was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
Sec. 405-285. Fees for maintaining motor vehicles. 67.16.
To charge, collect, and receive from all other agencies of
the State government fees or moneys equivalent to the costs
of repairing, servicing, and maintaining motor vehicles used
by those such other agencies under Section 405-280 67.15 of
this Act. All contracts let under the provisions of this Law
Act shall be awarded in accordance with the applicable
requirements of the Illinois Purchasing Act.
(Source: P.A. 80-161.)
(20 ILCS 405/405-290 new)
(was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
Sec. 405-290. Retread replacement tires on State owned
vehicles. 67.32. The Department shall develop and implement
a program to use retreads as replacement tires on State owned
vehicles wherever possible.
(Source: P.A. 87-476.)
(20 ILCS 405/405-295 new)
(was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
Sec. 405-295. Decreased energy consumption. 67.30. The
Department of Central Management Services may enter into
contracts for equipment or services designed to decrease
energy consumption in State programs and, State owned or
controlled buildings, or equipment. Prior to entering into
any such contract for a State owned building, the Department
shall consult with the Executive Director of the Capital
Development Board. The Department may consult with the
Department of Commerce and Community Affairs regarding any
aspect of energy consumption projects.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 405/405-300 new)
(was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
Sec. 405-300. Lease or purchase of facilities; training
programs. 67.02.
(a) To lease or purchase office and storage space,
buildings, land, and other facilities for all State agencies,
authorities, boards, commissions, departments, institutions,
and bodies politic and all other administrative units or
outgrowths of the executive branch of State government except
the Constitutional officers, the State Board of Education and
the State colleges and universities and their governing
bodies. However, before leasing or purchasing any office or
storage space, buildings, land or other facilities in any
municipality the Department shall survey the existing
State-owned and State-leased property to make a determination
of need.
The such leases shall be for a term not to exceed 5
years, except that the such leases may contain a renewal
clause subject to acceptance by the State after that date or
an option to purchase. The Such purchases shall be made
through contracts that (i) which may provide for the title to
the property to transfer immediately to the State or a
trustee or nominee for the benefit of the State, (ii) and
which shall: provide for the consideration to be paid in
installments to be made at stated intervals during a certain
term not to exceed 30 years from the date of the contract,
and (iii) may provide for the payment of interest on the
unpaid balance at a rate that does not exceed a rate
determined by adding 3 percentage points to the annual yield
on United States Treasury obligations of comparable maturity
as most recently published in the Wall Street Journal at the
time such contract is signed. The Such leases and purchase
contracts shall be and shall recite that they are subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent or purchase installments payable under the terms of the
lease or purchase contract. Additionally, the such purchase
contract shall specify that title to the office and storage
space, buildings, land, and other facilities being acquired
under the such a contract shall revert to the Seller in the
event of the failure of the General Assembly to appropriate
suitable funds. However, this limitation on the term of the
such leases does not apply to leases to and with the Illinois
Building Authority, as provided for in the Act enacted by the
Seventy-second General Assembly entitled the Building
Authority Act., which Leases to and with that said Authority
may be entered into for a term not to exceed 30 years and
shall be and shall recite that they are subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent payable under the terms of the such lease. These
limitations do not apply if where the lease or purchase
contract contains a provision limiting the liability for the
payment of the rentals or installments thereof solely to
funds received from the Federal government.
(b) To lease from an airport authority office, aircraft
hangar, and service buildings constructed upon a public
airport under the Airport Authorities Act for the use and
occupancy of the State Department of Transportation. The,
which lease may be entered into for a term not to exceed 30
years.
(c) To establish training programs for teaching State
leasing procedures and practices to new employees of the
Department and to keep all employees of the Department
informed about current leasing practices and developments in
the real estate industry.
(d) To enter into an agreement with a municipality or
county to construct, remodel, or convert a structure for the
purposes of its serving as a correctional institution or
facility pursuant to paragraph (c) of Section 3-2-2 of the
Unified Code of Corrections.
(e) To enter into an agreement with a private
individual, trust, partnership, or corporation or a
municipality or other unit of local government, when
authorized to do so by the Department of Corrections, whereby
that such individual, trust, partnership, or corporation or
municipality or other unit of local government will
construct, remodel, or convert a structure for the purposes
of its serving as a correctional institution or facility and
then lease the such structure to the Department for the use
of the Department of Corrections. A lease entered into
pursuant to the authority granted in this subsection shall be
for a term not to exceed 30 years, but may grant to the State
the option to purchase the structure outright.
The Such leases shall be and shall recite that they are
subject to termination and cancellation in any year for which
the General Assembly fails to make an appropriation to pay
the rent payable under the terms of the lease.
(f) On and after September 17, 1983, the powers granted
to the Department under this Section shall be exercised
exclusively by the Department, and no other State agency may
concurrently exercise any such power, unless specifically
authorized otherwise by a later enacted law. This subsection
is not intended to impair any contract existing as of
September 17, 1983.
However, no lease for more than 10,000 square feet of
space shall be executed unless the Director, in consultation
with the Executive Director of the Capital Development Board,
has certified that leasing is in the best interest of the
State, considering programmatic requirements, availability of
vacant State-owned space, the cost-benefits of purchasing or
constructing new space, and other criteria as he or she shall
determine. The Director shall not permit multiple leases for
less than 10,000 square feet to be executed in order to evade
this provision.
(g) To develop and implement, in cooperation with the
Interagency Energy Conservation Committee, a system for
evaluating energy consumption in facilities leased by the
Department, and to develop energy consumption standards for
use in evaluating prospective lease sites.
(h) (1) After June 1, 1998 (the effective date of Public
this amendatory Act 90-520) of 1997, the Department shall
not enter into an agreement for the installment purchase
or lease purchase of buildings, land, or facilities
unless:
(A) the using agency certifies to the
Department that the agency reasonably expects that
the building, land, or facilities being considered
for purchase will meet a permanent space need;
(B) the building or facilities will be
substantially occupied by State agencies after
purchase (or after acceptance in the case of a build
to suit);
(C) the building or facilities shall be in new
or like new condition and have a remaining economic
life exceeding the term of the contract;
(D) no structural or other major building
component or system has shall have a remaining
economic life of less than 10 years;
(E) the building, land, or facilities:
(i) is free of any identifiable
environmental hazard, or
(ii) is subject to a management plan,
provided by the seller and acceptable to the
State, to address the known environmental
hazard;
(F) the building, land, or facilities satisfy
applicable handicap accessibility and applicable
building codes; and
(G) the State's cost to lease purchase or
installment purchase the building, land, or
facilities is less than the cost to lease space of
comparable quality, size, and location over the
lease purchase or installment purchase term.
(2) The Department shall establish the methodology
for comparing lease costs to the costs of installment or
lease purchases. The cost comparison shall take into
account all relevant cost factors, including, but not
limited to, debt service, operating and maintenance
costs, insurance and risk costs, real estate taxes,
reserves for replacement and repairs, security costs, and
utilities. The Such methodology shall also provide:
(A) that the comparison will be made using
level payment plans; and
(B) that a purchase price must not exceed the
fair market value of the buildings, land, or
facilities, and that the purchase such price must be
substantiated by an appraisal or by a competitive
selection process.
(3) If the Department intends to enter into an
installment purchase or lease purchase agreement for
buildings, land, or facilities under circumstances that
do not satisfy the conditions specified by this Section,
it must issue a notice to the Secretary of the Senate and
the Clerk of the House. The Such notice shall contain
(i) specific details of the State's proposed purchase,
including the amounts, purposes, and financing terms;
(ii) a specific description of how the proposed purchase
varies from the procedures set forth in this Section; and
(iii) a specific justification, signed by the Director,
stating of why it is in the State's best interests to
proceed with the purchase. The Department may not
proceed with such an installment purchase or lease
purchase agreement if, within 60 calendar days after
delivery of the notice, the General Assembly, by joint
resolution, disapproves the transaction. Delivery may
take place on a day and at an hour when the Senate and
House are not in session so long as the offices of
Secretary and Clerk are open to receive the notice. In
determining the 60-day 60 day period within which the
General Assembly must act, the day on which delivery is
made to the Senate and House shall not be counted. If
delivery of the notice to the 2 houses occurs on
different days, the 60-day 60 day period shall begin on
the day following the later delivery.
(4) On or before February 15 of each year, the
Department shall submit an annual report to the Director
of the Bureau of the Budget and the General Assembly
regarding installment purchases or lease purchases of
buildings, land, or facilities that were entered into
during the preceding calendar year. The report shall
include a summary statement of the aggregate amount of
the State's obligations under those such purchases;
specific details pertaining to each purchase, including
the amounts, purposes, and financing terms and payment
schedule for each purchase; and any other matter that the
Department deems advisable.
The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the
report with the Auditor General, the Speaker, the
Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader,
and the Secretary of the Senate, the Chairs of the
Appropriations Committees, and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional copies with
the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 90-520, eff. 6-1-98.)
(20 ILCS 405/405-305 new)
(was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
Sec. 405-305. Lease of unused or unproductive State
land. 67.06. To lease the unused or unproductive land under
the jurisdiction of any of the several departments on such
terms and conditions that as in the judgment of the Director
are in the best interests of the State.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-310 new)
(was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
Sec. 405-310. Transfer of realty. 67.07. To transfer any
realty under the jurisdiction of the Department to any other
State agency and to accept a transfer of realty from the
federal government.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-315 new)
(was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
Sec. 405-315. Management of State buildings; security
force; fees. 67.24.
(a) To manage, operate, maintain, and preserve from
waste the State buildings listed below. The Department may
rent portions of these and other State buildings when in the
judgment of the Director those such leases will be in the
best interests of the State. The Such leases shall not
exceed 5 five years unless a greater term is specifically
authorized.
a. Peoria Regional Office Building
5415 North University
Peoria, Illinois 61614
b. Springfield Regional Office Building
4500 South 6th Street
Springfield, Illinois 62703
c. Champaign Regional Office Building
2125 South 1st Street
Champaign, Illinois 61820
d. Illinois State Armory Building
124 East Adams
Springfield, Illinois 62706
e. Marion Regional Office Building
2209 West Main Street
Marion, Illinois 62959
f. Kenneth Hall Regional State Office
Building
#10 Collinsville Avenue
East St. Louis, Illinois 62201
g. Rockford Regional Office Building
4402 North Main Street
P.O. Box 915
Rockford, Illinois 61105
h. State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
i. Office and Laboratory Building
2121 West Taylor Street
Chicago, Illinois 60602
j. Central Computer Facility
201 West Adams
Springfield, Illinois 62706
k. Elgin Office Building
595 South State Street
Elgin, Illinois 60120
l. James R. Thompson Center
Bounded by Lake, Clark, Randolph and
LaSalle Streets
Chicago, Illinois
m. The following buildings located within the Chicago
Medical Center District:
1. Lawndale Day Care Center
2929 West 19th Street
2. Edwards Center
2020 Roosevelt Road
3. Illinois Center for
Rehabilitation and Education
1950 West Roosevelt Road and 1151 South Wood Street
4. Department of Children and
Family Services District Office
1026 South Damen
5. The William Heally School
1731 West Taylor
6. Administrative Office Building
1100 South Paulina Street
7. Metro Children and Adolescents Center
1601 West Taylor Street
n. E.J. "Zeke" Giorgi Center
200 Wyman Street
Rockford, Illinois
o. Suburban North Facility
9511 Harrison
Des Plaines, Illinois
p. The following buildings located within the Revenue
Center in Springfield:
1. State Property Control Warehouse
11th & Ash
2. Illinois State Museum Research & Collections
Center
1011 East Ash Street
q. Effingham Regional Office Building
401 Industrial Drive
Effingham, Illinois
r. Portions or all of the basement and
ground floor of the
State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
may be leased to persons, firms, partnerships, associations,
or individuals for terms not to exceed 15 years when in the
judgment of the Director those such leases will be in the
best interests of the State.
Portions or all of the commercial space, which includes
the sub-basement, storage mezzanine, concourse, and ground
and second floors of the
James R. Thompson Center
Bounded by Lake, Clark, Randolph and LaSalle Streets
Chicago, Illinois
may be leased to persons, firms, partnerships, associations,
or individuals for terms not to exceed 15 years subject to
renewals when in the judgment of the Director those such
leases will be in the best interests of the State.
The Director is authorized to rent portions of the above
described facilities to persons, firms, partnerships,
associations, or individuals for terms not to exceed 30 days
when those such leases will not interfere with State usage of
the facility. This authority is meant to supplement and shall
not in any way be interpreted to restrict the Director's
ability to make portions of the State of Illinois Building
and the James R. Thompson Center available for long-term
commercial leases.
Provided however, that all rentals or fees charged to
persons, firms, partnerships, associations, or individuals
for any lease or use of space in the above described
facilities made for terms not to exceed 30 days in length
shall be deposited in a special fund in the State treasury to
be known as the Special Events Revolving Fund.
Notwithstanding the provisions above, the Department of
Children and Family Services and the Department of Human
Services (as successor to the Department of Rehabilitation
Services and the Department of Mental Health and
Developmental Disabilities) shall determine the allocation of
space for direct recipient care in their respective
facilities. The Department of Central Management Services
shall consult with the affected agency in the allocation and
lease of surplus space in these facilities. Potential lease
arrangements shall not endanger the direct recipient care
responsibilities in these facilities.
(b) To appoint, subject to the "Personnel Code", as
amended, persons to be members of a police and security
force. Members of the security force shall be peace officers
when performing duties pursuant to this Section and as such
shall have all of the powers possessed by policemen in
cities, and sheriffs, including the power to make arrests on
view or issue citations for violations of State statutes or
city or county ordinances, except that in counties of more
than 1,000,000 population, any powers created by this
subsection shall be exercised only (i) when necessary to
protect the property, personnel, or any interests of the
Department of Central Management Services or any State agency
for whom the Department manages, operates, or maintains
property, or (ii) when specifically requested by appropriate
State or local law enforcement officials, and except that
within counties of 1,000,000 or less population, these such
powers shall be exercised only when necessary to protect the
property, personnel, or any interests of the State of
Illinois, and only while on property managed, operated, or
maintained by the Department.
Nothing in this subsection shall be construed so as to
make it conflict with any provisions of, or rules promulgated
under, the "Personnel Code".
(c) To charge reasonable fees to all State agencies
utilizing facilities operated by the Department for occupancy
related fees and charges. All fees collected under this
subsection shall be deposited in a special fund in the State
treasury known as the Facilities Management Revolving Fund.
As used in this subsection, the term "State agencies" means
all departments, officers, commissions, institutions, boards,
and bodies politic and corporate of the State.
(Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
eff. 8-18-95; 89-507, eff. 7-1-97.)
(20 ILCS 405/405-320 new)
(was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
Sec. 405-320. Multi-use State facility at Collinsville;
State Police district headquarters at Sterling. 67.25.
(a) To enter into an agreement with a private
individual, trust, partnership, or corporation or a
municipality or other unit of local government whereby that
such individual, trust, partnership, or corporation or
municipality or other unit of local government will construct
a structure in the vicinity of Collinsville, Illinois for the
purposes of its serving as a multi-use State facility and
then lease that such structure to the Department for the use
of the Department of Transportation and other State agencies.
(b) To enter into an agreement with a municipality or
other unit of local government whereby the municipality or
other unit of local government will construct a structure in
the vicinity of Sterling, Illinois for the purposes of its
serving as a Department of State Police district headquarters
and then lease the structure to the Department for the use of
the Illinois State Police. The Director of the Department of
Central Management Services is further authorized to convey
the existing Illinois State Police headquarters at Sterling
to the City of Sterling, Illinois, a municipal corporation,
at a value established by the average of 3 three appraisals
in exchange for a deduction of equal value against any
amounts due the municipality under the State's contract to
acquire a State Police district headquarters at Sterling.
(c) A lease entered into pursuant to the authority
granted in this Section Act shall be for a term not to exceed
30 years but may grant to the State the option to purchase
the structure outright.
(d) The lease shall be approved by the heads of the
agencies occupying the facility and shall be and shall recite
that it is subject to termination and cancellation in any
year for which the General Assembly fails to make an
appropriation to pay the rent payable under the terms of the
lease.
(Source: P.A. 86-1338.)
(20 ILCS 405/405-325 new)
(was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
Sec. 405-325. Mental health facility at Dixon. 67.26.
To enter into an agreement with a private individual, trust,
partnership, or corporation or a municipality or other unit
of local government whereby that such individual, trust,
partnership, or corporation or municipality or other unit of
local government will construct a structure in the vicinity
of Dixon, Illinois for the purposes of its serving as a
mental health facility and then lease that such structure to
the Department for the use of the Department of Human
Services.
A lease entered into pursuant to the authority granted in
this Section Act shall be for a term not to exceed 30 years
but may grant to the State the option to purchase the
structure outright.
The lease shall be approved by the Secretary of Human
Services and shall be and shall recite that it is subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent payable under the terms of the lease.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/405-400 new)
(was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
Sec. 405-400. Successor to Department of Administrative
Services and Department of Personnel. 34.1. The Department
of Central Management Services shall assume all rights,
powers, duties, and responsibilities of the Department of
Administrative Services and the Department of Personnel as
the successor to those departments. The Department of
Administrative Services, the Department of Personnel, and the
Advisory Board to the Department of Personnel are abolished.
Personnel, books, records, papers, documents, property,
real and personal, unexpended appropriations, and pending
business in any way pertaining to the former Department of
Administrative Services and the former Department of
Personnel are transferred to the Department of Central
Management Services, but any rights of employees or the State
under the "Personnel Code" or any other contract or plan
shall be unaffected by this transfer hereby. No rule or
regulation promulgated by the former Department of
Administrative Services or the former Department of Personnel
pursuant to an exercise of any right, power, duty, or
responsibility transferred to the Department of Central
Management Services shall be affected by Public Act 82-789
this amendatory Act of 1982, and all such rules and
regulations shall become the rules and regulations of the
Department of Central Management Services.
(Source: P.A. 82-789.)
(20 ILCS 405/405-500 new)
(was 20 ILCS 405/67.35)
Sec. 405-500. 67.35. Matters relating to the Office of
the Lieutenant Governor.
(a) It is the purpose of this Section to provide for the
administration of the affairs of the Office of the Lieutenant
Governor during a period when the Office of Lieutenant
Governor is vacant.
It is the intent of the General Assembly that all powers
and duties of the Lieutenant Governor assumed and exercised
by the Director of Central Management Services, the
Department of Central Management Services, or another
Director, State employee, or State agency designated by the
Governor under the provisions of Public Act 90-609 this
amendatory Act of 1998 be reassumed by the Lieutenant
Governor on January 11, 1999.
(b) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Director of Central
Management Services shall assume and exercise the powers and
duties given to the Lieutenant Governor under the Illinois
Commission on Community Service Act, Section 46.53 of the
Civil Administrative this Code of Illinois (renumbered; now
Section 605-75 of the Department of Commerce and Community
Affairs Law, 20 ILCS 605/605-75) (relating to the Keep
Illinois Beautiful program), Section 12-1 of the State
Finance Act, the Gifts and Grants to Government Act, and the
Illinois Distance Learning Foundation Act.
The Director of Central Management Services shall not
assume or exercise the powers and duties given to the
Lieutenant Governor under the Rural Bond Bank Act.
(c) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall assume and exercise the powers and
duties given to the Office of the Lieutenant Governor under
Section 2-3.112 of the School Code, the Illinois River
Watershed Restoration Act, the Illinois Wildlife Prairie Park
Act, Section 12-1 of the State Finance Act, and the Illinois
Distance Learning Foundation Act.
(c-5) Notwithstanding subsection (c): (i) the Governor
shall appoint an interim member, who shall be interim
chairperson, of the Illinois River Coordinating Council while
the office of the Lieutenant Governor is vacant until January
11, 1999 and (ii) the Governor shall appoint an interim
member, who shall be interim chairperson, of the Illinois
Wildlife Prairie Park Commission while the office of the
Lieutenant Governor is vacant until January 11, 1999.
(d) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services may assume and exercise the powers and
duties that have been delegated to the Lieutenant Governor by
the Governor.
(e) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, appropriations to the Office
of the Lieutenant Governor may be obligated and expended by
the Department of Central Management Services, with the
authorization of the Director of Central Management Services,
for the purposes specified in those appropriations. These
obligations and expenditures shall continue to be accounted
for as obligations and expenditures of the Office of the
Lieutenant Governor.
(f) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, all employees of the Office of
the Lieutenant Governor who are needed to carry out the
responsibilities of the Office are temporarily reassigned to
the Department of Central Management Services. This
reassignment shall not be deemed to constitute new employment
or to change the terms or conditions of employment or the
qualifications required of the employees, except that the
reassigned employees shall be subject to supervision by the
Department during the temporary reassignment period.
(g) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall temporarily assume and exercise the
powers and duties of the Office of the Lieutenant Governor
under contracts to which the Office of the Lieutenant
Governor is a party. The assumption of rights and duties
under this subsection shall not be deemed to change the terms
or conditions of the contract.
The Department of Central Management Services may amend,
extend, or terminate any such contract in accordance with its
terms; may agree to terminate a contract at the request of
the other party; and may, with the approval of the Governor,
enter into new contracts on behalf of the Office of the
Lieutenant Governor.
(h) The Governor may designate a State employee or
director other than the Director of Central Management
Services or a State agency other than the Department of
Central Management Services to assume and exercise any
particular power or duty that would otherwise be assumed and
exercised by the Director of Central Management Services or
the Department of Central Management Services under
subsection (b), (c), or (d) of this Section.
Except as provided below, if the Governor designates a
State employee or director other than the Director of Central
Management Services or a State agency other than the
Department of Central Management Services, that person or
agency shall be responsible for those duties set forth in
subsections (e), (f), and (g) that directly relate to the
designation of duties under subsections (b), (c), and (d).
If the Governor's designation relates to duties of the
Commission on Community Service or the Distance Learning
Foundation, the Director of Central Management Services and
the Department of Central Management Services may, if so
directed by the Governor, continue to be responsible for
those duties set forth in subsections (e), (f), and (g)
relating to that designation.
(i) Business transacted under the authority of this
Section by entities other than the Office of the Lieutenant
Governor shall be transacted on behalf of and in the name of
the Office of the Lieutenant Governor. Property of the
Office of the Lieutenant Governor shall remain the property
of that Office and may continue to be used by persons
performing the functions of that Office during the vacancy
period, except as otherwise directed by the Governor.
(Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)
(20 ILCS 510/Art. 510 heading new)
ARTICLE 510. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
(20 ILCS 510/510-1 new)
Sec. 510-1. Article short title. This Article 510 of
the Civil Administrative Code of Illinois may be cited as the
Department of Children and Family Services Powers Law.
(20 ILCS 510/510-5 new)
Sec. 510-5. Definition. As used in this Article 30,
"Department" means the Department of Children and Family
Services.
(20 ILCS 510/510-10 new)
(was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
Sec. 510-10. Powers, generally. 65. The Department of
Children and Family Services has the powers enumerated in the
following Sections 65.1 through 65.8.
(Source: P.A. 86-610.)
(20 ILCS 510/510-15 new)
(was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
Sec. 510-15. Children and Family Services Act. The
Department has the power 65.1. to administer the "An Act
creating the Department of Children and Family Services Act,
codifying its powers and duties, and repealing certain Acts
and Sections herein named".
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-20 new)
(was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
Sec. 510-20. Juveniles. The Department has the power
65.4. to exercise the powers and fulfill the duties assigned
the Department by the Juvenile Court Act of 1987.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 510/510-25 new)
(was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
Sec. 510-25. Child Care Act of 1969; injunction. The
Department has the power 65.5. to initiate injunction
proceedings whenever wherever it appears to the Director of
Children and Family Services that any person, group of
persons, or corporation is engaged or about to engage in any
acts or practices that which constitute or will constitute a
violation of the "Child Care Act of 1969", approved May 15,
1969, as amended, or any rule or regulation prescribed under
the authority of that Act thereof. The Director of Children
and Family Services may, in his or her discretion, through
the Attorney General apply for an injunction to enforce the
Act, rule, or regulation., and Upon a proper showing, any
circuit court may enter a permanent or preliminary injunction
or a temporary restraining order without bond to enforce the
Act, rule, or regulation those Acts in addition to the
penalties and other remedies provided in the Act, rule, or
regulation those Acts. Appeals may be taken as in other civil
cases.
(Source: P.A. 83-1362.)
(20 ILCS 510/510-30 new)
(was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
Sec. 510-30. Escaped inmates. The Department has the
power 65.6. to exercise the powers and fulfill the duties
assigned the Department by the Escaped Inmate Damages Act "An
Act concerning damages caused by escaped inmates of
charitable, penal, reformatory or other institutions over
which the State has control", approved June 21, 1935, as
heretofore and hereafter amended.
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-35 new)
(was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
Sec. 510-35. State agency employees child care services.
The Department has the power 65.7. to advise the Department
of Central Management Services concerning the provision of
child care services pursuant to the "State Agency Employees
Child Care Services Act", enacted by the 84th General
Assembly.
(Source: P.A. 84-652.)
(20 ILCS 510/510-95 new)
(was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
Sec. 510-95. Statutory responsibilities pertaining to
children. The Department has the power 65.3. to administer
the "Child Care Act (repealed)" and the such other
responsibilities pertaining to children that as are delegated
to the Department by statute.
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-100 new)
(was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
Sec. 510-100. Criminal history record information. 65.8.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of "the Department of State Police Law (20 ILCS
2605/2605-400) Civil Administrative Code of Illinois", the
Department of State Police is authorized to furnish, pursuant
to positive identification, the such information contained in
State files that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 510/510-200 new)
(was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
Sec. 510-200. Police and security force. The Department
has the power 65.2. to appoint, subject to the "Personnel
Code", persons to be members of a police and security force.
Members of the police and security force shall be peace
officers and as such have all powers possessed by policemen
in cities, and sheriffs, including the power to make arrests
on view or on warrants of violations of State statutes or
city or county ordinances. These powers may, however, be
exercised only in counties of more than 500,000 population
when required for the protection of Department properties,
interests, and personnel, or when specifically requested by
appropriate State or local law enforcement officials. Members
of the police and security force may not serve and execute
civil process processes.
(Source: Laws 1967, p. 4089.)
(20 ILCS 605/Art. 605 heading new)
ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
(20 ILCS 605/605-1 new)
Sec. 605-1. Article short title. This Article 605 of the
Civil Administrative Code of Illinois may be cited as the
Department of Commerce and Community Affairs Law.
(20 ILCS 605/605-5 new)
(was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
Sec. 605-5. Definitions. As used in the Sections
following after this Section: and before Section 47.2,
"Department" means the Department of Commerce and
Community Affairs.
"Director" means the Director of Commerce and Community
Affairs.
"Local government" means every county, municipality,
township, school district, and other local political
subdivision having authority to enact laws and ordinances, to
administer laws and ordinances, to raise taxes, or to expend
funds.
(Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
eff. 12-2-94.)
(20 ILCS 605/605-10 new)
(was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
Sec. 605-10. 46.1. Powers and duties. The Department of
Commerce and Community Affairs has the powers and duties
enumerated in the Sections following after this Section and
before Section 47.2.
(Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
eff. 12-2-94.)
(20 ILCS 605/605-15 new)
(was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
Sec. 605-15. Cooperation with other departments,
agencies, and institutions. 46.22. To cooperate with other
departments, agencies, and institutions of this State in the
collecting and assembling of information and to enter into
agreements with those such other departments, agencies, and
institutions, upon such terms that are as may be mutually
agreed upon, to have conducted such studies and research that
conducted as may be necessary and proper.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-20 new)
(was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
Sec. 605-20. Charges; gifts and grants; Economic Research
and Information Fund. 46.29.
(a) To establish and collect charges and to accept
gifts, grants, awards, matching contributions, financial
participations, and cost sharings from individuals,
businesses, governments, and other third party sources, on
such terms and conditions that as the Director deems
advisable, for any or all of the following purposes:
(1) Preparing, producing, and disseminating
economic research material and information in various
formats and media.
(2) Preparing, producing, and disseminating
economic development strategies and planning products
prepared as a guidance of the Illinois economy.
(3) Planning, facilitating, entering into, and
conducting public, private, or both public and private
sector partnerships and other joint venture economic
research, strategic planning, and pilot, and
demonstration projects that have as their purpose
fostering increased understanding of the Illinois economy
and the development, evaluation, and implementation of
policies and strategies to foster economic growth.
(4) Planning, facilitating, and conducting
information dissemination and training outreach
conferences, workshops, symposia, and award recognition
ceremonies.
(b) The Economic Research and Information Fund is
created as a special fund in the State treasury, and all
monies received pursuant to this Section shall be deposited
into that Fund. Monies in the Economic Research and
Information Fund may be expended for purposes consistent with
the conditions under which those monies are received, subject
to appropriations made by the General Assembly for those
purposes.
(Source: P.A. 88-407.)
(20 ILCS 605/605-25 new)
(was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
Sec. 605-25. Charges, gifts, and grants for promotional
products and services; International and Promotional Fund.
46.30a.
(a) To establish, levy, and collect fees and charges and
accept gifts, grants, and awards from other governmental
entities, for profit organizations, and nonprofit
associations in association with or as consideration for the
provision of various promotional products and services
through its tourism, films production promotion, and
international business promotion programs. The Director may
establish and collect nominal charges for premiums and other
promotional materials produced or acquired as part of the
Department's activities authorized under the Illinois
Promotion Act from individuals and not-for-profit
organizations intending to use those such premiums and
promotional materials for purposes consistent with the
provisions of the Illinois Promotion Act, provided, however,
that other State agencies shall be charged no more than the
cost of the premium or promotional material to the
Department.
(b) The Director may collect cost reimbursement monies
from films and media production entities for police and
related production security services in amounts determined by
the provider of the such security services and agreed to by
the production entity. The Such reimbursements shall only
result only from the agreed costs of planned police and
security services to be rendered to film and media production
sites in the State of Illinois.
(c) The Director may establish and collect cost-sharing
assessments and fees and accept gifts, grants, and awards
from private businesses, trade associations, other
governmental entities, and individuals desiring to
participate in and support the development and conduct of
overseas trade, catalog, and distributor shows and activities
and to purchase informational materials to foster export
sales of Illinois products and services as part of the
Department's international business programs.
(d) All money received pursuant to this Section shall be
deposited into in the International and Promotional Fund
within the State treasury which is hereby created; monies
within the such Fund shall be appropriated only for
expenditure pursuant to this Section.
(Source: P.A. 90-26, eff. 7-1-97.)
(20 ILCS 605/605-30 new)
(was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
Sec. 605-30. State and federal programs, grants, and
subsidies. 46.41. The Department shall use the such State and
federal programs, grants, and subsidies that as are available
to assist in the discharge of the provisions of the Civil
Administrative Code of Illinois this Act.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-35 new)
(was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
Sec. 605-35. Federal moneys for general administration;
Intra-Agency Services Fund. 46.43. Moneys recovered from
federal programs for general administration that are received
by the Department of Commerce and Community Affairs shall be
deposited into a separate fund in the State treasury to be
known as the Intra-Agency Services Fund.
(Source: P.A. 86-1175; 87-130; 87-1177.)
(20 ILCS 605/605-40 new)
(was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
Sec. 605-40. State Technical Services Act Fund. 47.2. The
following funds collected and received by the Department of
Commerce and Community Affairs shall be paid to the State
Treasurer for deposit in the State Technical Services Act
Fund outside the State Treasury:
(1) (a) Funds received or collected from the
federal government to defray the cost of programs and
activities conducted under the State Technical Services
Act of 1965, Public Law 89-182, as now and hereafter
amended, or under any other Act of Congress by which
federal funds are made available for those such
purposes., and
(2) (b) Funds received or collected from colleges,
universities, nonprofit organizations, or other
participants in programs and activities conducted under
Section 605-370 46.28.
All disbursements from the such Fund shall be made only
upon warrants of the State Comptroller drawn upon the State
Treasurer as custodian of the fund upon vouchers signed by
the Director of Commerce and Community Affairs or by the
person or persons designated by the Director him for that
such purpose. The Comptroller is authorized to draw the such
warrant upon vouchers so signed. The State Treasurer shall
accept all warrants so signed and shall be released from
liability for all payments made on those warrants thereon.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-50 new)
(was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
Sec. 605-50. Expenditures for purposes of Build Illinois
Act. 46.51. To expend appropriations for the purposes
contained in the Build Illinois Act, enacted by the 84th
General Assembly.
(Source: P.A. 84-109.)
(20 ILCS 605/605-55 new)
(was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
Sec. 605-55. Contracts and other acts to accomplish
Department's duties. 46.21. To make and enter into contracts,
including but not limited to making grants and loans to those
units of local government and non-profit corporations
specified by the General Assembly pursuant to appropriations
by the General Assembly from the Build Illinois Bond Fund and
the Build Illinois Purposes Fund, and generally to do all
such things that as, in its judgment, may be necessary,
proper, and expedient in accomplishing its duties.
(Source: P.A. 85-288.)
(20 ILCS 605/605-65 new)
(was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
Sec. 605-65. Grants under Gang Control Grant Act. 46.52.
To award grants to community-based groups, as defined in the
Gang Control Grant Act "An Act to provide for grants to
community groups and to assist local government programs for
gang control, amending certain Acts therein named", veto
overridden October 31, 1985.
(Source: P.A. 84-1308; 84-1400; 84-1438.)
(20 ILCS 605/605-75 new)
(was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
Sec. 605-75. 46.53. Keep Illinois Beautiful.
(a) There is created the Keep Illinois Beautiful Program
Advisory Board consisting of 7 members appointed by the
Governor with the advice and consent of the Senate. Of those
7, 4 shall be appointed from a list of at least 10 names
submitted by the boards of directors from the various
certified community programs. Each certified community
program may submit only one recommendation to be considered
by the Governor. The Lieutenant Governor or his or her
designee shall be a member and serve as Chairman, except that
(i) when Section 6 of Article V of the Illinois Constitution
is operative the officer next in line of succession shall
serve as Chairman and (ii) until January 11, 1999, while the
office of Lieutenant Governor is otherwise vacant, the powers
and duties of the Lieutenant Governor under this Section
shall be carried out as provided in Section 67.35 of the
Civil Administrative Code of Illinois (renumbered; now
Section 405-500 of the Department of Central Management
Services Law, 20 ILCS 405/405-500). The Board shall meet at
least quarterly at the discretion of the Chairman and at such
other times as the Chairman or any 4 members consider
necessary. Four members shall constitute a quorum.
(b) The purpose of the Board shall be to assist local
governments and community organizations in:
(1) Educating the public about the need for
recycling and reducing solid waste.;
(2) Promoting the establishment of recycling and
programs that reduce litter and other solid waste through
re-use and diversion.;
(3) Developing local markets for recycled
products.;
(4) Cooperating with other State agencies and with
local governments having environmental responsibilities.;
(5) Seeking funding from governmental and
non-governmental sources.
(c) The Lieutenant Governor shall employ and fix the
salary of a Statewide coordinator who, to the extent
possible, shall assist local governments and community
organizations that plan to implement programs set forth in
subsection (b). The Board shall establish guidelines for the
certification by the Board of local governments and community
organizations. The Such guidelines shall be approved by a
majority of the members of the Board.
The Statewide coordinator may encourage local governments
and community organizations to apply for certification of
programs by the Board. However, the Statewide coordinator
shall give equal consideration to newly certified programs
and older certified programs.
The Statewide coordinator shall submit proposed programs
to the Board. The Board shall approve program proposals by a
majority vote of the quorum present. In no event shall the
Board veto a program by a vote of fewer than 4 members. A
vetoed proposal may be resubmitted to the Board by the
Statewide coordinator after necessary changes in the proposal
have been made.
(d) The Keep Illinois Beautiful Fund is created as a
special fund in the State treasury. Moneys from any public
or private source may be deposited into the Keep Illinois
Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
shall be appropriated only for the purposes of this Section.
Pursuant to action by the Board, the Lieutenant Governor may
authorize grants from moneys appropriated from the Keep
Illinois Beautiful Fund for certified community based
programs for up to 50% of the cash needs of the program;
provided, that at least 50% of the needs of the program shall
be contributed to the program in cash, and not in kind, by
local sources.
Moneys appropriated for certified community based
programs in municipalities of more than 1,000,000 population
shall be itemized separately and may not be disbursed to any
other community.
(Source: P.A. 90-609, eff. 6-30-98.)
(20 ILCS 605/605-85 new)
(was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
Sec. 605-85. Personnel. 46.11. To obtain and employ,
pursuant to the provisions of the "Personnel Code", as
heretofore or hereafter amended, the such technical,
clerical, stenographic, and other administrative personnel
that are and make such expenditures within the appropriations
therefor as may be necessary to carry out the purposes of the
Civil Administrative Code of Illinois and to make
expenditures for that purpose within the appropriations for
that purpose this Act.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-95 new)
(was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
Sec. 605-95. Rules and regulations. 46.42. The Department
has shall have the power to make the such rules and
regulations as may be necessary to carry out its duties.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-100 new)
(was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
Sec. 605-100. Transfer from Department of Business and
Economic Development. 46.33. To assume the rights, powers,
duties, and responsibilities of the former Department of
Business and Economic Development. Personnel, books,
records, property, and funds pertaining to the said former
Department of Business and Economic Development are
transferred to the Department, but any rights of employees or
the State under the "Personnel Code" or any other contract or
plan shall be unaffected by this transfer hereby.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-105 new)
(was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
Sec. 605-105. Transfer from Department of Local
Government Affairs. 46.35.
(a) To assume all rights, powers, duties, and
responsibilities of the former Department of Local Government
Affairs not pertaining to its property taxation related
functions. Personnel, books, records, property and funds
pertaining to those such non-taxation related functions are
transferred to the Department, but any rights of employees or
the State under the "Personnel Code" or any other contract or
plan shall be unaffected by this transfer hereby.
(b) After August 31, 1984 (the effective date of Public
this amendatory Act 83-1302) of 1984, the power, formerly
vested in the Department of Local Government Affairs, and
transferred to the Department of Commerce and Community
Affairs, to administer the distribution of funds from the
State treasury to reimburse counties, where State penal
institutions are located, for the payment of assistant
State's Attorneys' salaries under Section 7 of "An act
concerning fees and salaries, and to classify the several
counties of this state with reference thereto", approved
March 29, 1872, as amended (repealed; now Section 4-2001 of
the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
Department of Corrections pursuant to Section 3-2-2 of the
Unified Code of Corrections.
(Source: P.A. 83-1302.)
(20 ILCS 605/605-110 new)
(was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
Sec. 605-110. Transfer from Governor's Office of Manpower
and Human Development. 46.34. To assume the rights, powers,
duties, and responsibilities of the Governor's Office of
Manpower and Human Development. Personnel, books, records,
property, and funds pertaining to the Governor's Office of
Manpower and Human Development are transferred to the
Department, but any rights of employees or the State under
the "Personnel Code" or any other contract or plan shall be
unaffected by this transfer hereby.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-115 new)
(was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
Sec. 605-115. Transfer from State Housing Board and
Department of Business and Economic Development. 46.36. In
addition to the duties and powers imposed elsewhere in the
Civil Administrative Code of Illinois this Act, the
Department has the following powers:
(1) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the "An
Act in relation to Housing Authorities Act.," approved
March 19, 1934, as heretofore or hereafter amended;
(2) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
Housing Cooperation Law. "An Act in relation to aid of
housing projects and cooperation with housing authorities
and the Federal government by municipal corporations,
political subdivisions and other public bodies of this
state," filed July 13, 1937, as heretofore or hereafter
amended;
(3) To exercise the rights, powers, and duties
vested by law in the State Housing Board under "An Act to
facilitate the Housing Development and Construction Act.
of housing, to provide governmental assistance therefor,
and to repeal an Act herein named," approved July 2,
1947, as heretofore or hereafter amended;
(4) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Blighted Areas Redevelopment Act of 1947.", approved
July 2, 1947, as heretofore or hereafter amended;
(5) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Blighted Vacant Areas Development Act of 1949.," filed
August 13, 1949, as heretofore or hereafter amended;
(6) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the Urban
Community Conservation Act. "An Act in relation to the
conservation of urban residential areas and the
prevention of slums and to define the rights, powers and
duties of municipalities in connection therewith,"
approved July 13, 1953, as heretofore or hereafter
amended;
(7) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the "Urban
Renewal Consolidation Act of 1961.," approved August 15,
1961, as heretofore or hereafter amended;
(8) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
Redevelopment Project Rehousing Act. "An Act in relation
to rehousing persons residing in the areas of
redevelopment projects undertaken pursuant to the
"Blighted Areas Redevelopment Act of 1947" enacted by the
Sixty-fifth General Assembly, and to provide for state
and municipal contributions therefor," approved July 2,
1947, as heretofore or hereafter amended;
(9) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the State
Housing Act. "An Act in relation to housing," approved
July 12, 1933, as heretofore or hereafter amended;
(10) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Illinois Housing Development Act.", approved July 24,
1967, as heretofore or hereafter amended;
(11) To exercise the rights, powers, and duties
which had been vested by law in the Department of
Business and Economic Development under Sections 46.7
(renumbered; now Section 605-200 of this Law; 20 ILCS
605/605-200), 46.8 (repealed), 46.23 (repealed), and 47.1
(repealed) of "the Civil Administrative Code of
Illinois," approved March 7, 1917, as heretofore or
hereafter amended, previous to August 29, 1969.;
(12) To exercise the rights, powers, and duties
which have been vested by law in the State Housing Board
under Section 6b-3 of the "An Act in relation to State
Finance Act.," approved June 10, 1919, as heretofore and
hereafter amended;
(13) The Department shall render assistance and, advice
to and take action affecting local governments only upon
request of a local government, except as otherwise provided
by the powers and duties transferred to the Department by
this Section.
(Source: P.A. 82-1057.)
(20 ILCS 605/605-200 new)
(was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
Sec. 605-200. Official State planning agency. 46.7. To
act as the official State planning agency, and to accept and
use planning grants or other financial assistance from the
federal government (1) for statewide comprehensive planning
work including research and coordination activity directly
related to urban needs; and (2) for State and inter-state
comprehensive planning and research and coordination activity
related thereto. All such grants shall be subject to the
terms and conditions prescribed by the federal government.
(Source: P.A. 76-1158.)
(20 ILCS 605/605-205 new)
(was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
Sec. 605-205. Planning; coordination with local and
regional entities; Urban Planning Assistance Fund. 46.39. The
Department shall provide for liaison between the State and
regional and local planning agencies and departments; perform
such state-wide planning as is provided by law; provide
assistance, counsel, and advice to local and regional
planning agencies when so requested; and conduct research
into local government problems as ordered by the Director. In
performing this responsibility the Department shall have the
power and duty to do the following:
(1) (a) Exercise the rights, powers, and duties provided
in paragraph sub-paragraph (11) of Section 605-115. 46.36 of
this Act;
(2) (b) To Accept and use planning grants or other
financial assistance from the federal government, either
directly or in receipt from the official State planning
agency, in aid, or for the provision of planning assistance
(including surveys, land use studies, urban renewal plans,
technical services, and other planning work, but excluding
plans for specific public works): (i) (1) to municipalities
and counties; (ii) (2) to any group of adjacent communities,
incorporated or unincorporated, having common or related
urban planning problems resulting from rapid urbanization;
(iii) (3) to coordinate planning activities directly related
to urban needs; (iv) (4) for official governmental planning
agencies where rapid urbanization has resulted or is expected
to result from the establishment of rapid and substantial
expansion of a federal installation; and (v) (5) to study and
offer assistance for rural planning.;
(3) (c) To Approve applicants and project plans for
loans or grants to local, regional, or area groups,
associations, or other agencies that which qualify for
assistance under Title 42 U.S.C. United States Code Sections
3161, et seq. and any subsequent federal or State legislation
whose purpose is to assist economically distressed or
depressed areas;, and, for and in behalf of this State, to
accept, receive, and receipt for federal monies, for and in
behalf of the State, given by the federal government under
any federal law to this State for economic redevelopment,
assistance, surveys, or programs.;
(4) (d) To Cooperate with civic groups and local, State,
and federal planning and development agencies.;
(5) (e) To Authorize counties, cities, and other local
governmental units to enter into agreements, not in conflict
with any law of the State of Illinois, with appropriate
governmental units of an adjoining state or states for
cooperative efforts and mutual assistance in the
comprehensive planning for the physical growth and
development of metropolitan or other urban areas, provided
that such cooperation has been authorized by the adjoining
state or states.;
(6) (f) To Provide that in an orderly manner that the
following funds collected and received by the Department
shall be paid over to the State Treasurer for deposit in a
separate fund hereinafter provided for in this Section: (i)
(a) funds received or collected from municipalities and
counties and from any groups of adjacent communities pursuant
to this Section and (ii) (b) funds received or collected from
the federal government to defray the cost for planning of
those such projects pursuant to the "Federal Housing Act of
1954", as amended, or under any other Act of Congress by
which federal funds may be made available for those such
purposes. Any such funds so collected or received shall be
paid or turned over to and shall be held by the State
Treasurer as ex officio custodian thereof, separate and apart
from all public monies and funds of this State, and shall be
known as the "Urban Planning Assistance Fund, which shall" to
be administered by the Department. All disbursements from the
such Fund shall be made only upon warrants of the State
Comptroller drawn upon the State Treasurer as custodian of
the fund upon vouchers signed by the Director of Commerce and
Community Affairs or by the person or persons designated by
the Director him for that such purpose. The Comptroller is
authorized to draw the such warrant upon vouchers so signed.
The State Treasurer shall accept all warrants so signed and
shall be released from liability for all payments made on
those warrants thereon.
(7) (g) To Provide coordination between state-wide plans
and plans of municipalities, counties, and regional planning
agencies.;
(8) (h) To Collect, organize, and disseminate
information on all matters pertaining to local government.;
(9) (i) To Make studies concerning local government
boundary problems; provide advice and assistance to local
governments on boundary questions; and perform such other
services related to local government boundary questions that
as the Director orders. shall order;
(10) (j) To Cooperate with the Governor, other State
departments and agencies, and local planning agencies in the
preparation of state-wide plans relating to housing,
redevelopment, urban renewal, rural development, and such
other matters that as the Director orders. shall order;
(11) (k) To Do any and all things necessary to make the
Civil Administrative Code of Illinois this Act effective.
(Source: P.A. 83-333.)
(20 ILCS 605/605-210 new)
(was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
Sec. 605-210. Cooperation with civic groups and planning
and development agencies. 46.9. To cooperate with civic
groups and local, State, and federal planning and development
agencies.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-300 new)
(was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
Sec. 605-300. Economic development plans. 46.2 To
formulate plans for the economic development of the State of
Illinois.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-305 new)
(was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
Sec. 605-305. Economic development strategy. 46.44. By no
later than February 1, 1984, the Department shall prepare an
economic development strategy for Illinois for the year
beginning on July 1, 1984 and ending on June 30, 1985, and
for the 4 four years next ensuing. By no later than February
1, 1985 and annually thereafter, the Department shall make
modifications to the in such economic development strategy
for the 4 four years beginning on the next ensuing July 1 as
those such modifications are warranted by changes in economic
conditions, or by other factors, including changes in policy,
and shall prepare an economic development strategy for the
fifth year beginning after the next ensuing July 1.
In preparing the such strategy and in making
modifications to the such strategy, the Department shall take
cognizance of the special economic attributes of the various
component areas of the State. (1) The "component areas"
shall be determined by the Department after a county by
county economic analysis and shall group counties that which
are close in geographical proximity and share common economic
traits.
(2) The strategy shall recommend specific legislative
and administrative action at both the State and area levels
level for promoting sustained economic growth at or above
national rates of economic growth, while keeping the rate of
unemployment below national levels of unemployment.
(3) The strategy shall include all of the following:
(1) (a) An assessment of historical patterns of
economic activity for the State as a whole and by area.;
(2) (b) Projections of future economic trends for
the State as a whole and by areas.; and
(3) (c) Projections of the State's future
educational needs.
(4) National economic trends and projections shall be
considered in the formulation of the such State and area
projections. All assumptions made in the formulation of the
such State and area projections shall be clearly and
explicitly set forth.
(5) The strategy shall identify, for each area those
economic characteristics that most likely will influence
whether the area will exceed or fall below the rate of
overall State economic growth.
(6) The strategy shall recommend legislative action to
be taken to foster and promote economic growth in specific
areas, taking into account the resources and economic factors
indigenous to those such areas.
In preparing the strategy or modifications to the
strategy thereto, the Department shall consult with State
agencies, boards, and commissions whose programs and
activities significantly affect economic activity in the
State. The heads of those such agencies, boards, and
commissions shall provide the such assistance to the
Department that as the Governor deems appropriate.
(7) The strategy shall be presented to the Governor, the
President of the Senate, the Speaker of the House of
Representatives, the minority leader of each house of the
General Assembly, the chairman of the Commission on
Intergovernmental Cooperation, the chairman of the Economic
and Fiscal Commission, and the chairman of the Economic
Development Commission on February 1, 1984 and annually
thereafter.
(Source: P.A. 85-439.)
(20 ILCS 605/605-310 new)
(was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
Sec. 605-310. Collecting and assembling information.
46.3. To collect and assemble, or cause to have collected
and assembled, information regarding the following:
industrial opportunities and possibilities of the State,
including raw materials, and products that may be produced
therefrom; power and water resources;, transportation
facilities; available markets; availability of labor; banking
and financial facilities; availability of industrial sites;
the advantages of the State as a whole, and particular
sections of the State thereof as industrial, recreational,
and tourist locations; and provide information on the
technologies available for businesses to burn Illinois coal
and the feasibility of such systems; and such other matters
as the Department may deem desirable. To collect and
assemble, or cause to have collected and assembled, and
provide information on the technologies available for
businesses to burn Illinois coal and the feasibility of those
systems.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 605/605-315 new)
(was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
Sec. 605-315. Information regarding economic growth.
46.17. To collect, assemble, and analyze statistics, data,
and information regarding the growth and the strengthening of
the economy of this State and all of its elements.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-320 new)
(was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
Sec. 605-320. Encouragement of existing industries. 46.5
To encourage the growth and expansion of industries now
existing within the State by providing comprehensive business
services and promoting interdepartmental cooperation for
assistance to industries.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-325 new)
(was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
Sec. 605-325. 46.19i. Services network funding program.
The Department is authorized to promulgate rules and make
grants, subject to appropriation by the General Assembly for
this purpose, to colleges, universities, trade associations,
non-profit organizations, or consortia of for-profit
businesses for research, development, promotion,
implementation, or improvement related to or in support of
manufacturer or producer services networks or group delivered
services and activities. Grants to eligible applicants shall
not exceed $100,000. The award shall not exceed 75% of the
entire amount of the actual expenditures for the cooperative
networks or group delivered services or activity unless that
limit is waived by the Director.
(Source: P.A. 87-1177.)
(20 ILCS 605/605-328 new)
(was 20 ILCS 605/47.3)
Sec. 605-328. 47.3. The Economic Development Matching
Grants Program.
(a) The Department, in its discretion, may establish a
program of grants to be matched by economic development
entities in the State to finance and promote local economic
development. The Department is authorized to make grants,
subject to appropriations by the General Assembly for this
purpose, from the Economic Development Matching Grants
Program Fund, a special fund created in the State treasury,
to nonprofit organizations and local units of government
whose primary objectives are to promote Illinois communities
as sites for industrial and business location and expansion.
The goal of the program is to enhance the marketing of
Illinois by enabling regions and communities to market
themselves and thereby attract new business and industry to
the State and enhance the environment of growth for existing
business and industry.
(b) The applicant's proposed project must have a
definable impact on business and industrial attraction,
recruitment, or retention. Items eligible for funding
consideration include, but are not limited to, specific,
time-limited research studies related to industrial and
business recruitment or retention, advertising and public
relation expenses related to the applicant's proposed
project, and production of printed materials and brochures,
slide presentations and videotapes, and internet home pages
for distribution to those involved in expansion or relocation
activities.
(c) In determining the recipients of the grants,
consideration shall be given to the following factors:
(1) Does the project demonstrate collaboration
between more than one municipality, county, and region?;
(2) Does the project demonstrate substantial
potential for economic return from an area outside the
applicant's region and provide research measurement?;
(3) Does the project show creativity and good
design qualities and appropriately target a specific
market?;
(4) Does the project support the Department's
economic development out-of-state marketing efforts?;
(5) Is the project a demonstrable part of a
long-range marketing or strategic plan?; and
(6) Are the projected costs for the project
well-researched and reasonable?.
(d) State grant dollars shall be evenly matched by the
applicant.
(e) Moneys appropriated to the program of grants shall
be deposited into the Economic Development Matching Grants
Program Fund and shall not lapse into the General Revenue
Fund at the end of a fiscal year.
(f) The grants made under this Section shall be in
addition to any other grant programs currently in place and
administered by the Department.
(g) The Department shall adopt rules to implement this
program.
(Source: P.A. 90-660, eff. 7-30-98.)
(20 ILCS 605/605-330 new)
(was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
Sec. 605-330. Encouragement of new industries; use of
Illinois coal. 46.4. To encourage new industrial enterprises
to locate in Illinois, by educational promotions pointing out
the opportunities of the State as a commercial and industrial
field of opportunity, and by solicitation of industrial
enterprises, and to encourage new enterprises to use
equipment that utilizes Illinois coal.
(Source: P.A. 84-741.)
(20 ILCS 605/605-335 new)
(was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
Sec. 605-335. Incentives to foreign firms. 46.4a.
(a) For purposes of this Section:,
"Foreign firm" means shall mean any industrial or
manufacturing enterprise that is domiciled in a nation other
than the United States.
"Incentives" means shall mean a loan or grant or
offering, abatement, reduction, or deferral of any tax or
regulation imposed by the State of Illinois or a unit of
local government when the aggregate total of all those such
incentives will exceed $10,000.
(b) Whenever the Department offers incentives to a
foreign firm designed to result in the location or relocation
of a facility in this State that which will result in the
creation of more than 25 new jobs, the Department shall
prepare an economic impact study prior to the consummation of
an agreement with the foreign firm. An economic impact study
pursuant to this Section shall, if practical, include but
not be limited to the following:
(1) An analysis of the number of direct jobs to be
created, the number of indirect jobs to be created, and
the net gain in employment in relation to jobs to be
potentially lost by other similar and competing firms
within the industry located within this State.;
(2) The effect on local and regional competition
within the industry from the industry or business to be
located or relocated.;
(3) The degree of economic benefits of awarding the
same incentives to similar and existing industries or
businesses located within the State.;
(4) An examination of how the location or
relocation of the foreign firm complements existing
industries or businesses located within this State.; and
(5) The relationship of the fiscal costs to the
State or unit of local government resulting from the
incentives relative to the fiscal return to the State or
units of local government derived from the location or
relocation of the firm.
(c) A report of any economic impact studies prepared by
the Department in the previous 3 months pursuant to this
Section shall be transmitted to the Governor, members of the
General Assembly, and the Illinois Economic and Fiscal
Commission quarterly. In addition to the report, the
Department shall include a statement of incentives subject to
the agreement with the foreign firm, the name and type of
foreign firm involved and a description of its business or
industrial activity, the proposed location of the foreign
firm, and a statement describing the rationale for the
location relative to other locations within the State. The
Illinois Economic and Fiscal Commission shall evaluate each
report received from the Department and present the
evaluation and report to the Commission members and
legislative leaders within 30 thirty days upon receipt of
each report from the Department.
(Source: P.A. 86-820.)
(20 ILCS 605/605-340 new)
(was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
Sec. 605-340. Expenses of moving machinery or equipment.
46.54. The Department shall annually include in the existing
Community Development Assistance set-aside program, monies
for moving expenses as an allowable activity. The Such grants
for moving expenses shall be for costs associated with the
relocation of manufacturing machinery or equipment from
another state or territory into Illinois or from one location
in Illinois to another location in Illinois. No grant shall
be made until the machinery or equipment has been relocated
and installed. Grants shall be limited to the those
machinery or equipment actually transported and installed.
No single grant shall exceed $100,000.
(Source: P.A. 84-1308.)
(20 ILCS 605/605-345 new)
(was 20 ILCS 605/46.67)
Sec. 605-345. 46.67. Pollution control industry
incentives. The Department of Commerce and Community Affairs
shall examine policies and incentives that will attract
industries involved in the design, development, and
construction of pollution control devices and shall implement
those policies and incentives that the Department determines
will attract those businesses.
(Source: P.A. 88-339; 88-670, eff. 12-2-94.)
(20 ILCS 605/605-350 new)
(was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
Sec. 605-350. Science and research facilities. 46.12. To
encourage the locating in Illinois of scientific and research
development laboratories, industrial parks, and facilities
and to cooperate with colleges, universities, non-profit
professional societies, and governmental agencies to
encourage the development and maximum utilization of science
and research facilities.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-355 new)
(was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
46.19a)
Sec. 605-355. Grants for research and development in
high technology and service sectors.
(a) (2) The Department is authorized to establish a
program of grants to universities, community colleges,
research institutions, research consortiums, other
not-for-profit entities, and Illinois businesses for the
purpose of fostering research and development in the high
technology and the service sector leading to the development
of new products and services that can be marketed by Illinois
businesses. All grant awards shall include a contract that
which may provide for payment of negotiated royalties to the
Department if the product or service to be developed by the
grantee is subsequently licensed for production.
(b) (a) Grants may be awarded to universities and
research institutions to assist them in making their
faculties and facilities available to Illinois businesses.
The Such grants may be used by a university or research
institution for purposes, including but not limited to the
following purposes: (i) to establish or enhance computerized
cataloging of all research labs and university staff and make
those such catalogues available to Illinois businesses; (ii)
to market products developed by the university to Illinois
businesses; (iii) to review publications in order to
identify, catalog, and inform Illinois businesses of new
practices in areas such as robotics and, biotechnology; (iv)
to build an on-line, information and technology system that
relies on other computerized networks in the United States;
and (v) to assist in securing temporary replacement for
faculty who are granted a leave of absence from their
teaching duties for the purpose of working full-time for an
Illinois business to assist that business with technology
transfer.
(c) (b) Grants may be awarded to universities and
research institutions, research consortiums, and other
not-for-profit entities for the purpose of identifying and
supporting Illinois businesses engaged in high technology and
service sector enterprises. The Such Illinois businesses
identified and funded shall include recipients of Small
Business Innovation Research Program funds under subsections
(e) through (k) of Section 9 of the Small Business Act. (15
U.S.C. 638, subsections (e) through (k) Title 15 United
States Codes, subsections 638(e)-638(k)). Entities receiving
grants under this subsection (c) paragraph (b) shall be known
as commercialization centers and shall engage in one or more
of the following activities:
(1) (i) Directing research assistance for new
venture creations.;
(2) (ii) General feasibility studies of new venture
ideas.;
(3) (iii) Furthering the technical and intellectual
skills of the managers and owners of Illinois small
businesses.;
(4) (iv) Commercialization of technology and
research.;
(5) (v) Development of prototypes and testing new
products.;
(6) (vi) Identifying identify and assisting assist
in securing financing.;
(7) (vii) Marketing assistance.; and
(8) (viii) Assisting Illinois inventors in finding
Illinois manufacturers to produce and market their
inventions.
A commercialization center may charge a nominal fee or
accept royalty agreements for conducting feasibility studies
and other services.
(d) (c) Grants may be awarded by the Department to
Illinois businesses to fund research and consultation
arrangements between businesses and universities, community
colleges, research institutions, research consortiums, and
other not-for-profit entities within this State.
The Department shall give priority to Illinois small
businesses in awarding grants. Each grant awarded under this
subsection (d) paragraph (c) shall provide funding for up to
50% of the cost of the research or consultation arrangements,
not to exceed $100,000; provided that the grant recipient
utilizes Illinois not for profit research and academic
institutions to perform the research and development function
for which grant funds were requested.
(e) (d) Grants may be awarded to research consortiums
consortium and other qualified applicants, in conjunction
with private sector or federal funding, for other creative
systems that bridge university resources and business,
technological, production, and development concerns.
(f) (e) For the purposes of this Section: subsection
(2), (i) "Illinois business" means a "small business concern"
as defined in Title 15 United States Code, Section 632, which
primarily conducts its business in Illinois;
(ii) "High technology" means any area of research or
development designed to foster greater knowledge or
understanding in fields such as computer science,
electronics, physics, chemistry, or biology for the purpose
of producing designing, developing, or improving prototypes
and new processes.;
"Illinois business" means a "small business concern" as
defined in 15 U.S.C. 632 that conducts its business
primarily in Illinois.
"Illinois research institutions" refers to not-for-profit
entities, which include federally funded research
laboratories, that conduct research and development
activities for the purpose of producing, designing,
developing, or improving prototypes and new processes.
"Other not-for-profit entities" means nonprofit
organizations based in Illinois that are primarily devoted
to new enterprise or product development.
(iii) "Private sector" has shall have the meaning
ascribed to it in Title 29 U.S.C. United States Code, Section
1503.;
(iv) "University" means either a degree granting
institution located in Illinois as defined in Section 2 of
the Academic Degree Act, or a State-supported institution of
higher learning administered by the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Illinois Community College Board.;
(v) "Venture" means any Illinois business engaged in
research and development to create new products or services
with high growth potential.; (vi) Illinois research
institutions refers to not-for-profit entities, which include
federally-funded research laboratories, that conduct research
and development activities for the purpose of producing,
designing, developing, or improving prototypes and new
processes; and (vii) other not-for-profit entities means
non-profit organizations based in Illinois that are primarily
devoted to new enterprise or product development.
(g) (f) The Department may establish a program of grant
assistance on a matching basis to universities, community
colleges, small business development centers, community
action agencies and other not-for-profit economic development
agencies to encourage new enterprise development and new
business formation and to encourage enterprises in this
State. The Department may provide grants, which shall be
exempt from the provisions of subsection (3) of this Section
35-360, to universities, community colleges, small business
development centers, community action agencies, and other
not-for-profit economic development entities for the purpose
of making loans to small businesses. All grant applications
shall contain information as required by the Department,
including the following: a program operation plan; a
certification and assurance that the small business
applicants have received business development training or
education, have a business and finance plan, and have
experience in the proposed business area; and a description
of the support services that which the grant recipient will
provide to the small business. No more than 10% of the grant
may be used by the grant recipient for administrative costs
associated with the grant. Grant recipients may use grant
funds under this program to make loans on terms and
conditions favorable to the small business and shall give
priority to those businesses located in high poverty areas,
enterprise zones, or both.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-360 new)
(was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
46.19a)
Sec. 605-360. Technology Innovation and
Commercialization Grants-In-Aid Council. (3) There is
created within the Department, a Technology Innovation and
Commercialization Grants-in-Aid Council, which shall consist
of 2 representatives of the Department of Commerce and
Community Affairs, appointed by the Department; one
representative of the Illinois Board of Higher Education,
appointed by the Board; one representative of science or
engineering, appointed by the Governor; two representatives
of business, appointed by the Governor; one representative of
small business, appointed by the Governor; one representative
of the Department of Agriculture, appointed by the Director
of Agriculture; and one representative of agribusiness,
appointed by the Director of Agriculture. The Director of
Commerce and Community Affairs shall appoint one of the
Department's representatives to serve as chairman of the
Council. The Council members shall receive no compensation
for their services but shall be reimbursed for their expenses
actually incurred by them in the performance of their duties
under this Section subsection. The Department shall provide
staff services to the Council. The Council shall provide for
review and evaluation of all applications received by the
Department under subsection (2) of this Section 605-355 and
make recommendations on those projects to be funded. The
Council shall also assist the Department in monitoring the
projects and in evaluating the impact of the program on
technological innovation and business development within the
State.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-365 new)
(was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
46.19a)
Sec. 605-365. Technology Innovation and
Commercialization Fund. (4) There is hereby created a
special fund in the State treasury to be known as the
Technology Innovation and Commercialization Fund. The moneys
in the such Fund may be used, subject to appropriation, only
for making grants pursuant to subsection (2) of this Section
605-355 and for the purposes of the Technology Advancement
and Development Act. All royalties received by the Department
shall be deposited into the in such Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-370 new)
(was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
Sec. 605-370. Application of science and technology.
46.28. To accept and use planning grants or other financial
assistance from the federal government and from other sources
set forth in Section 605-40 47.2 for support of planning
studies and activities, performance of administrative
functions, and technical services carried out under the State
Technical Services Act of 1965, Public Law 89-182, as now and
hereafter amended, and any subsequent legislation whose
purpose is to achieve a wider diffusion and more effective
application of science and technology in business, commerce,
and industry. To cooperate with colleges, universities,
non-profit organizations and associations, and governmental
agencies and to sponsor programs and activities designed to
encourage wider diffusion and more effective application of
science and technology in business, commerce, and industry.
(Source: Laws 1968, p. 447.)
(20 ILCS 605/605-375 new)
(was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
Sec. 605-375. Undeveloped patents. 46.58. To assist in
the transfer of undeveloped patents held by institutions of
higher education in this State to Illinois technology and
business incubators for commercial development and
application.
(Source: P.A. 85-1209.)
(20 ILCS 605/605-380 new)
(was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
Sec. 605-380. Identifying, developing, and
commercializing technology. 46.60. To cooperate with the
Illinois Coalition for the purpose of administering programs
the purpose of which is to identify, develop, or
commercialize technology or to promote private sector efforts
to identify, develop, or commercialize technology.
(Source: P.A. 86-618.)
(20 ILCS 605/605-385 new)
(was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
Sec. 605-385. Technology Challenge Grant Program;
Advanced Technology Investment Program. 46.62. To establish
and administer a Technology Challenge Grant Program and an
Advanced Technology Investment Program as provided by the
Technology Advancement and Development Act and to expend
appropriations in accordance therewith.
(Source: P.A. 86-870; 86-1028.)
(20 ILCS 605/605-400 new)
(was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
Sec. 605-400. Office of Urban Assistance. 46.19c. The
Department shall provide for, staff, and administer an Office
of Urban Assistance, which shall plan and coordinate existing
State programs designed to aid and stimulate the economic
growth of depressed urban areas. Among other duties assigned
by the Department, the Office shall have the following
duties:
(1) (a) To coordinate the activities of the
following units and programs of the Department of
Commerce and Community Affairs and all other present and
future units and programs of the Department that which
impact depressed urban areas to the extent that they
impact upon or concern urban economics:
(A) (1) Enterprise Zone Program.;
(B) (2) Small Business Development Center Program.;
(C) Programs that (3) Program which assist in the
development of community infrastructure.;
(D) (4) Illinois House Energy Assistance Program.;
(E) (5) Illinois Home Weatherization Assistance
Program.;
(F) (6) Programs financed with Community Services
Block Grant funds.;
(G) (7) Industrial Training Program.;
(H) (8) Technology Transfer and Innovation
Program.;
(I) (9) Rental Rehabilitation Program.;
(J) (10) Displaced Homemaker Program.; and
(K) (11) Programs under the federal Job Training
Partnership Act.
The Office shall convene quarterly meetings of
representatives who are designated by the Department to
represent the units and programs listed in items (A)
paragraphs (1) through (K) (11).
(2) (b) To gather information concerning any State or
federal program that which is designed to revitalize or
assist depressed urban areas in the State and to provide this
information to public and private entities upon request.
(3) (c) To promote and assist in developing urban inner
city industrial parks.
(4) (d) To promote economic parity and the autonomy of
citizens of this State through promoting and assisting the
development of urban inner city small business development
centers, urban youth unemployment projects, small business
incubators, family resource centers, urban developments
banks,; self managed urban businesses, and plans for urban
infrastructure projects over the next 25 years.
(5) (e) To recommend to the General Assembly and the
Governor economic policies for urban areas and planning
models that will result in the reconstruction of the economy
of urban areas, especially those urban areas where
economically and socially disadvantaged people live, to the
General Assembly and the Governor.
(6) (f) To make recommendations to the General Assembly
and the Governor on the establishment of urban economic
policy in the areas of (i) (1) housing, (ii) (2) scientific
research, (iii) (3) urban youth unemployment, (iv) (4)
business incubators and family resource centers in urban
inner cities, and (v) (5) alternative energy resource
development, and the need thereof, in urban areas as part of
the department's 5-year five year plan for economic
development.
(7) (g) To make any rules and regulations necessary to
carry out its responsibilities under the Civil Administrative
Code of Illinois this Act.
(8) (h) To encourage new industrial enterprises to
locate in urban areas (i) through educational promotions that
which point out the opportunities of any such area as a
commercial and industrial field of opportunity, and (ii) by
the solicitation of industrial enterprises; and to do such
other acts that as shall, in the judgment of the Office, are
be necessary and proper in fostering and promoting the
industrial development and economic welfare of any urban
area., however The Office, however, shall have no power to
require reports from or to regulate any business.
(9) (i) To accept grants, loans, or appropriations from
the federal government or the State, or any agency or
instrumentality thereof, to be used for the operating
expenses of the Office, or for any purposes of the Office,
including the making of direct loans or grants of those such
funds for public, private, experimental, or cooperative
housing, scientific research, urban inner city industrial
parks, urban youth employment projects, business incubators,
urban infrastructure development, alternative energy resource
development, community facilities needed in urban areas, and
any other purpose related to the revitalization of urban
areas.
(Source: P.A. 84-1090.)
(20 ILCS 605/605-405 new)
(was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
Sec. 605-405. Jobs and investment in economic development
project area. 46.5a. To encourage the creation or retention
of not less than 2,000 full-time equivalent jobs and that
private investment in the amount of not less than
$100,000,000 shall occur in an economic development project
area as defined in the Economic Development Area Tax
Increment Allocation Act: by securing by acquisition, gift,
grant, exchange, or purchase the rights of way, easements,
and such fee simple titles that as may be necessary to any
and all real property required for site acquisition for use
in retaining such industry or business concern; by improving
or arranging to improve real property so acquired, including
but not limited to local public infrastructure improvements;
private structural improvements on the land; and by leasing
or conveying the such land, or interest in land, so acquired
and so improved.
For the purpose of this Section, "local public
infrastructure improvements" means local roads and streets,
access roads, bridges, and sidewalks; waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, and sewage treatment facilities;
rail or air or water port improvements; gas and electric
utility facilities; transit capital facilities; development
and improvement of publicly owned industrial and commercial
sites; or other public capital improvements that which are an
essential precondition to a business retention of that
industry or business concern as defined in this Section.
(Source: P.A. 86-38.)
(20 ILCS 605/605-410 new)
(was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
Sec. 605-410. Rural community development. 46.19d. The
Department shall provide for staff for and administer a
program in which the Department shall plan and coordinate
State efforts designed to aid and stimulate the development
of rural communities as well as other communities with
special needs in order to improve their competitiveness for
business retention, expansion, and attraction. Among other
duties, the Department, through the program, may do all of
the following:
(1) (a) Provide information, technical support, and
assistance to local officials, including, but not limited to,
assistance in grant applications, developing economic
development strategies, and complying with State and federal
laws and rules and regulations affecting local governments.
All State agencies shall cooperate with the program to
provide the necessary information, materials, and assistance
to enable the Department to carry out its function in the
program in an effective manner. Each agency shall designate
an individual to serve as liaison to the program to provide
information and materials and to respond to requests for
assistance from communities selecting to work through this
program.
(2) (b) Work with agencies in developing flexible
regulations through a regulatory review program.
(3) (c) Evaluate and review the impact of existing
economic development programs on the rural and special need
communities selecting to work through this program.
(4) (d) Assist the communities in conducting
self-assessments to identify specific industries and
businesses in need of targeted assistance as well as actions
that the community might take to become more competitive for
business retention, expansion, and attraction.
(5) (e) Assist in formulating specific and measurable
economic development objectives for rural and special need
communities selecting to work through the program.
(6) (f) Administer the Rural Diversification Act.
(7) (g) Provide grants for the purposes described in
this Section with funds as appropriated by the General
Assembly.
(Source: P.A. 89-262, eff. 8-10-95.)
(20 ILCS 605/605-415 new)
(was 20 ILCS 605/46.19j)
Sec. 605-415. 46.19j. Job Training and Economic
Development Demonstration Grant Program.
(a) Legislative findings. The General Assembly finds
that:
(1) Despite the large number of unemployed job
seekers, many employers are having difficulty matching
the skills they require with the skills of workers; a
similar problem exists in industries where overall
employment may not be expanding but there is an acute
need for skilled workers in particular occupations.;
(2) The State of Illinois should foster local
economic development by linking the job training of
unemployed disadvantaged citizens with the workforce
needs of local business and industry.; and
(3) Employers often need assistance in developing
training resources that will provide work opportunities
for disadvantaged populations.
(b) Definitions. As used in this Section:
"Community based provider" means a not-for-profit
organization, with local boards of directors, that directly
provides job training services.
"Disadvantaged persons" has the same meaning as the term
is defined in Titles II-A and II-C of the federal Job
Training Partnership Act.
"Training partners" means a community-based provider and
one or more employers who have established training and
placement linkages.
(c) From funds appropriated for that purpose, the
Department of Commerce and Community Affairs shall administer
a Job Training and Economic Development Demonstration Grant
Program. The Director shall make not less than 12 and not
more than 20 demonstration project grants to community-based
providers. The grants shall be made to support the
following:
(1) Partnerships between community-based providers
and employers for the customized training of existing
low-skilled, low-wage employees and newly hired
disadvantaged persons.; and
(2) Partnerships between community-based providers
and employers to develop and operate training programs
that link the work force needs of local industry with the
job training of disadvantaged persons.
(d) For projects created under paragraph (1) of
subsection (c):
(1) The Department shall give a priority to
projects that include an in-kind match by an employer in
partnership with a community-based provider and projects
that use instructional materials and training instructors
directly used in the specific industry sector of the
partnership employer.; and
(2) The partnership employer must be an active
participant in the curriculum development, employ under
250 workers, and train primarily disadvantaged
populations.
(e) For projects created under paragraph (2) of
subsection (c):
(1) Community based organizations shall assess the
employment barriers and needs of local residents and work
in partnership with local economic development
organizations to identify the priority workforce needs of
the local industry.;
(2) Training partners, (that is, community-based
organizations and employers), shall work together to
design programs with maximum benefits to local
disadvantaged persons and local employers.;
(3) Employers must be involved in identifying
specific skill-training needs, planning curriculum,
assisting in training activities, providing job
opportunities, and coordinating job retention for people
hired after training through this program and follow-up
support.; and
(4) The community-based organizations shall serve
disadvantaged persons, including welfare recipients.
(f) The Department shall adopt rules for the grant
program and shall create a competitive application procedure
for those grants to be awarded beginning in fiscal year 1998.
Grants shall be based on a performance based contracting
system. Each grant shall be based on the cost of providing
the training services and the goals negotiated and made a
part of the contract between the Department and the training
partners. The goals shall include the number of people to be
trained, the number who stay in the program, the number who
complete the program, the number who enter employment, their
wages, and the number who retain employment. The level of
success in achieving employment, wage, and retention goals
shall be a primary consideration for determining contract
renewals and subsequent funding levels. In setting the
goals, due consideration shall be given to the education,
work experience, and job readiness of the trainees; their
barriers to employment; and the local job market. Periodic
payments under the contracts shall be based on the degree to
which the relevant negotiated goals have been met during the
payment period.
(Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
90-758, eff. 8-14-98.)
(20 ILCS 605/605-450 new)
(was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
Sec. 605-450. 46.19g. Community economic emergencies.
(a) Upon the recommendation of the Director of Commerce
and Community Affairs, the Governor may find that an economic
emergency exists in a designated Illinois community. The
finding shall be based on one or more of the following
conditions:
(1) There has been a relocation or closing of
operations of a major private employer in the community.;
(2) There has been a closing or relocation of a
major public employer in the community.;
(3) A natural disaster has resulted in substantial
damage to the local economy.;
(4) The community or a portion of it has been
declared a disaster area by the federal government.; or
(5) A decision by the federal or State government,
or by a foreign government, has done substantial damage
to the local economy.
(b) Upon a finding by the Governor that an economic
emergency exists in a designated Illinois community, the
Governor shall convene an Economic Emergency Council. The
Council shall consist of 11 members as follows: the Director
of Commerce and Community Affairs, ex officio, the Director
of the Illinois Development Finance Authority, ex officio,
the Director of the Illinois Housing Development Authority,
ex officio, and 8 members representing the designated
community appointed by the Governor with the advice and
consent of the Senate. Of the 8 members appointed by the
Governor, 4 shall be representatives of business and finance,
2 shall be representatives of labor, and 2 shall be
representatives of education. Each member of the General
Assembly whose legislative district or representative
district lies in whole or in part within the designated
community shall also be a member of the Council, ex officio.
Members of a Council shall serve without compensation, but
may be reimbursed for their reasonable and necessary expenses
incurred in the performance of their duties.
(c) An Economic Emergency Council shall develop a plan
to address the designated community's economic needs and
shall recommend that plan to the Governor and to the General
Assembly for further resolution and appropriation. The plan
may include extending enterprise zone tax incentives, making
economic development business loans and grants, making
infrastructure rehabilitation loans and grants, extending job
training and retraining assistance, extending tax increment
financing, and other appropriate economic programs or
incentives.
(d) The Illinois Economic Emergency Assistance Fund is
created as a special fund in the State treasury for the
purpose of channeling moneys to designated communities upon
further resolution and appropriation by the General
Assembly. In addition to amounts that may be appropriated to
the fund, gifts or grants from any legal source may be
deposited into the fund. Any fees or other charges collected
by the Department in connection with programs under this
Section shall also be deposited into the fund.
(Source: P.A. 86-455.)
(20 ILCS 605/605-490 new)
(was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
Sec. 605-490. Recommending legislation. 46.10. To
recommend legislation relating to the economic development of
the State.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-495 new)
(was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
Sec. 605-495. Other acts to foster and promote industrial
development and economic welfare. 46.19. To do such other
acts that as shall, in the judgment of the Department, are be
necessary and proper in fostering and promoting the
industrial development and economic welfare of the State. The
Department, however, shall have no power to require reports
from or to regulate any business.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-500 new)
(was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13)
Sec. 605-500. Business Assistance Office. 46.13. To
create a Business Assistance Office to do the following:
(1) (a) Provide information to new and existing
businesses for all State government forms and applications
and make this information readily available through a
business permit center. The Office shall not assume any
regulatory function. All State agencies shall cooperate with
the business permit center to provide the necessary
information, materials, and assistance to enable the center
to carry out its function in an effective manner. Each
agency shall designate an individual to serve as liaison to
the center to provide information and materials and to
respond to requests for assistance from businesses.
(2) (b) Provide technical and managerial assistance to
entrepreneurs and small businesses by (i) (1) contracting
with local development organizations, chambers of commerce,
and industry or trade associations with technical and
managerial expertise located in the State, whenever possible,
and (ii) (2) establishing a network of small business
development centers throughout the State.
(3) (c) Assess the fiscal impact of proposed rules upon
small business and work with agencies in developing flexible
regulations through a regulatory review program.
(4) (d) Provide detailed and comprehensive assistance to
businesses interested in obtaining federal or State
government contracts through a network of local procurement
centers. The Department shall make a special and continuing
effort to assist minority and female owned businesses,
including but not limited to the designation of special
minority and female business advocates, and shall make
additional efforts to assist those located in labor surplus
areas. The Department shall, through its network of local
procurement centers, make every effort to provide
opportunities for small businesses to participate in the
procurement process. The Department shall utilize one or
more of the following techniques. These techniques are to be
in addition to any other procurement requirements imposed by
Public Act 83-1341 this amendatory Act of 1984 or by any
other Act.
(A) (1) Advance notice by the Department or other
appropriate State entity of possible procurement
opportunities should be made available to interested
small businesses.
(B) (2) Publication of procurement opportunities in
publications likely to be obtained by small businesses.
(C) (3) Direct notification, whenever the
Department deems it feasible, of interested small
businesses.
(D) (4) Conduct of public hearings and training
sessions, when possible, regarding State and federal
government procurement policies.
(5) The Department of Central Management Services shall
cooperate with the Department in providing information on the
method and procedure by which a small business becomes
involved in the State or federal government procurement
process.
(5) (e) Study the total number of registrations,
licenses, and reports that which must be filed in order to do
business in this State, seek input from the directors of all
regulatory agencies, and submit a report on how this
paperwork might be reduced to the Governor and the General
Assembly no later than January 1, 1985.
(Source: P.A. 86-808; 87-235.)
(20 ILCS 605/605-505 new)
(was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
Sec. 605-505. Aid in obtaining governmental and private
services. 46.15. To aid Illinois businesses in obtaining
services available from governmental and private sources.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-510 new)
(was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
Sec. 605-510. Study of laws affecting small business.
46.19h. To study the effect of laws affecting small business
to determine whether if those laws impede the creation of
small businesses or create economic damages for any small
business group that may jeopardize the small business group's
continuation in the marketplace or its valuable contribution
to the economic growth of this State. The study shall be
conducted in cooperation with the department or agency
administering the law whose effect is the subject of the
study. A general study of the laws affecting the creation of
small businesses in this State shall be undertaken by the
Department and the results shall be reported to the Governor
and the General Assembly by January 1, 1996.
An economic impact review shall be made at least every 2
years, and pertinent information shall be gathered from the
business segment affected to determine whether if the laws
need amendment to relieve business losses while retaining the
substance of the legislation, or whether the original purpose
has been accomplished and the laws should be repealed. The
review shall be reported to the Governor, the General
Assembly, and the administrating State agency, as well as to
the business associations most directly representing the
business group involved.
The Director shall appoint a task force to assist the
Department in conducting the studies and reviews required
under this Section. The task force shall consist of persons
representing small business and persons representing the
affected State departments and agencies. Members of the task
force shall serve without compensation but may be reimbursed
for necessary expenses in connection with their duties out of
money available to the Department for that purpose.
(Source: P.A. 89-259, eff. 8-10-95.)
(20 ILCS 605/605-515 new)
(was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
Sec. 605-515. 46.13a. Environmental Regulatory Assistance
Program.
(a) The following terms, whenever used or referred to In
this Section, shall have the following meanings ascribed to
them, except where the context clearly requires otherwise,:
(1) "small business stationary source" means a business that
is owned or operated by a person that employs 100 or fewer
individuals; is a small business; is not a major stationary
source as defined in Titles I and III of the federal 1990
Clean Air Act Amendments; does not emit 50 tons or more per
year of any regulated pollutant (as defined under the federal
Clean Air Act); and emits less than 75 tons per year of all
regulated pollutants.
(2) "Department" means the Illinois Department of
Commerce and Community Affairs.
(b) The Department may:
(1) Provide access to technical and compliance
information for Illinois firms, including small and
middle market companies, to facilitate local business
compliance with the federal, State, and local
environmental regulations.
(2) Coordinate and enter into cooperative
agreements with a State ombudsman office, which shall be
established in accordance with the federal 1990 Clean Air
Act Amendments to provide direct oversight to the program
established under that Act.
(3) Enter into contracts, cooperative agreements,
and financing agreements and establish and collect
charges and fees necessary or incidental to the
performance of duties and the execution of powers under
this Section.
(4) Accept and expend, subject to appropriation,
gifts, grants, awards, funds, contributions, charges,
fees, and other financial or nonfinancial aid from
federal, State, and local governmental agencies,
businesses, educational agencies, not-for-profit
organizations, and other entities, for the purposes of
this Section.
(5) Establish, staff, and administer programs and
services and adopt such rules and regulations as may be
necessary to carry out the intent of this Section and
Section 507, "Small Business Stationary Source Technical
and Environmental Compliance Assistance Program", of the
federal 1990 Clean Air Act Amendments.
(c) The Department's environmental compliance programs
and services for businesses may include, but need not be
limited to, the following:
(1) Communication and outreach services to or on
behalf of individual companies, including collection and
compilation of appropriate information on regulatory
compliance issues and control technologies, and
dissemination of that such information through
publications, direct mailings, electronic communications,
conferences, workshops, one-on-one counseling, and other
means of technical assistance.
(2) Provision of referrals and access to technical
assistance, pollution prevention and facility audits, and
otherwise serving as an information clearinghouse on
pollution prevention through the coordination of the
Waste Management and Research Center, a division of the
Department of Natural Resources. In addition,
environmental and regulatory compliance issues and
techniques, which may include business rights and
responsibilities, applicable permitting and compliance
requirements, compliance methods and acceptable control
technologies, release detection, and other applicable
information may be provided.
(3) Coordination with and provision of
administrative and logistical support to the State
Compliance Advisory Panel.
(d) There is hereby created a special fund in the State
Treasury to be known as the Small Business Environmental
Assistance Fund. Monies received under subdivision (b)(4) of
this Section shall be deposited into the Fund.
Monies in the Small Business Environmental Assistance
Fund may be used, subject to appropriation, only for the
purposes authorized by this Section.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(20 ILCS 605/605-520 new)
(was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
Sec. 605-520. Grants to businesses in municipal central
business districts. 46.63. To award grants to businesses in
central business districts of municipalities to encourage and
assist the businesses business in maintaining their
operations its operation in those areas that area.
(Source: P.A. 87-156.)
(20 ILCS 605/605-525 new)
(was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
Sec. 605-525. Minority Controlled and Female Controlled
Business Loan Board. 46.55. There is hereby created a
Minority Controlled and Female Controlled Businesses Loan
Board, hereinafter referred to as the Board, consisting of 6
members, appointed by the Governor with the advice and
consent of the Senate. No more than 3 members shall be of
the same political party. For the initial appointments to
the Board, 3 members shall be appointed to serve a 2 year
term and 3 members shall be appointed to serve a 4 year term.
Successor members shall serve for terms of 4 years.
The Board shall maintain an office in each of the
following areas: Alexander or Pulaski County, East St. Louis,
and the City of Chicago. For the purpose of this Act, the
terms "minority person", "female", "minority owned business"
and "female owned business" shall have the definitions of
those terms provided in Section 2 of the Business Enterprise
for Minorities, Females, and Persons with Disabilities Act
"An Act to create the Minority and Female Business Enterprise
Act", approved September 6, 1984.
The Board shall have the authority to make direct grants
and low interest loans to minority controlled businesses and
female controlled businesses in East St. Louis, the City of
Chicago, and either Alexander County or Pulaski County, from
appropriations for that purpose to the Department of Commerce
and Community Affairs. The Board shall establish and publish
guidelines to be followed in making the such grants and
loans.
Grant funds will be allowed to reimburse businesses for
expenses incurred in the preparation of proposals that are
accepted for loan assistance and; also, to maintain
administering offices in each of the 4 target areas. Loan
funds will be awarded at a cost of no more than 3% per annum
for up to 20 years to such businesses that are existing or
proposed.
(Source: P.A. 84-1308.)
(20 ILCS 605/605-575 new)
(was 20 ILCS 605/46.69)
Sec. 605-575. 46.69. State building requirements. After
the Department has received the recommendations from the
Illinois Building Commission, the Department shall establish
a consolidated clearinghouse containing all existing State
building requirements and all information concerning those
requirements. The Department shall make the information
available to the public upon request. The Department shall
assist the public in determining which State building
requirements apply to any specified project.
(Source: P.A. 90-269, eff. 1-1-98.)
(20 ILCS 605/605-600 new)
(was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
Sec. 605-600. Buy Illinois Program. 46.19f. The
Department of Commerce and Community Affairs shall have the
authority to establish and administer a Buy Illinois Program,
which may include, but is not limited to, the following
powers and duties:
(1) To accept grants, loans, or appropriations from the
federal government or the State or any agency or
instrumentality thereof, and to assess fees for any services
performed under the Buy Illinois Program, to carry out the
program.
(2) To form a Buy Illinois Council, made up of Illinois
large firms and small firms, to provide advice and counsel in
directing a statewide program.
(3) To publicize and advertise to Illinois firms and
government agencies the importance and benefits of buying
goods and services provided by vendors located within the
State.
(4) To secure the cooperation of Illinois' large firms,
federal, State and local governments, non-profit agencies,
international organizations, and others to carry out this
program.
(5) To match the needs for products and services by
business firms and government agencies with the capabilities
of small Illinois firms that can provide those such needed
goods and services.
(6) To hold purchasing agent seminars, fairs,
conferences and workshops to aid small Illinois businesses in
obtaining contracts for goods and services from larger firms
and government agencies to within the State.
(7) To assist business firms and government agencies to
analyze their buying activities and to find ways to carry out
those such activities in an effective and economical manner,
while promoting subcontract activity with small Illinois
firms.
(8) To establish manual and electronic buying
directories, including stand alone computer data bases that
list qualified vendors and procurement opportunities.
(9) To promote through other means the use by
international agencies, government agencies, and larger
businesses of products and services produced by small
Illinois firms.
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs approved in accordance with procedures as
determined by the Department, that which are aimed at
assisting small Illinois firms in obtaining contracts for
products and services from local government agencies and
larger Illinois businesses.
(11) To develop and administer guidelines for projects
that provide assistance to the Department in connection with
the Buy Illinois Program.
(Source: P.A. 85-975; 86-1475.)
(20 ILCS 605/605-605 new)
(was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
Sec. 605-605. Illinois Product and Services Exchange Act.
46.57. (a) This Section shall be known and may be cited as
the "Illinois Product and Services Exchange Act".
(b) It is hereby found and declared that many large
Illinois firms and government agencies are purchasing
products and services from vendors in locations other than
Illinois, and that there is a need to assist those such large
businesses and government agencies in locating Illinois
vendors who can provide those such products and services of
equal quality and at comparable or lower costs; it is further
found and declared that the purchase of needed products and
services within the State by large firms and government
agencies would aid the survival and expansion of small
businesses in Illinois and help to strengthen the State's
economy.
(c) As used in this Section, "Illinois Product and
Services Exchange" means a program aimed at promoting the
purchase of goods and services produced in Illinois by firms
and government agencies within the State.
(d) The Department shall have the authority to establish
and administer an Illinois Product and Services Exchange
Program, which may include, but is not limited to, the
following powers and duties:
(1) To accept grants, loans, or appropriations from
the federal government or the State or any agency or
instrumentality thereof, and to assess fees for any
services performed under the Illinois Product and
Services Exchange Program, to carry out the Program.;
(2) To form an Illinois Product and Services
Exchange Council, made up of Illinois large firms and
small firms to provide advice and counsel in directing a
statewide Product and Services Exchange Program.;
(3) To publicize and advertise to Illinois firms
and government agencies the importance and benefits of
buying goods and services provided by vendors located
within the State.;
(4) To secure the cooperation of Illinois' large
firms, federal, State, and local governments, non-profit
agencies, and others to carry out this program.;
(5) To match the needs for products and services of
business firms and government agencies with the
capabilities of small Illinois firms that can provide
those such needed goods and services.;
(6) To hold purchasing agent seminars, fairs,
conferences, and workshops to aid small Illinois
businesses in obtaining contracts for goods and services
from larger firms and government agencies within the
State.;
(7) To assist business firms and government
agencies to analyze their buying activities and to find
ways to carry out those such activities in an effective
and economical manner, while promoting subcontract
activity with small Illinois firms.;
(8) To establish manual and electronic buying
directories, including stand alone computer data bases
that list qualified vendors and procurement
opportunities.;
(9) To promote through other means the use by
government agencies and large businesses of products and
services produced by small Illinois firms.;
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs, approved in accordance with procedures
determined by the Department, that which are aimed at
assisting small Illinois firms obtain contracts for
products and services from local government agencies and
large Illinois businesses.; and
(11) To develop and administer guidelines for
projects that provide assistance to the Department in
connection with the Illinois Product and Services
Exchange Program.
(Source: P.A. 85-138.)
(20 ILCS 605/605-610 new)
(was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
Sec. 605-610. Assistance with foreign trade. 46.14. To
assist Illinois businesses to engage in, expand, and increase
foreign trade.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-615 new)
(was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
Sec. 605-615. Assistance with exports. 46.19e. The
Department shall have the following duties and
responsibilities in regard to the Civil Administrative Code
of Illinois this Act:
(1) To (a) establish or cosponsor mentoring conferences,
utilizing experienced manufacturing exporters, to explain and
provide information to prospective export manufacturers and
businesses concerning the process of exporting to both
domestic and international opportunities.;
(2) To (b) provide technical assistance to prospective
export manufacturers and businesses seeking to establish
domestic and international export opportunities.;
(3) To (c) coordinate with the Department's Small
Business Development Centers to link buyers with prospective
export manufacturers and businesses.;
(4) To (d) promote, both domestically and abroad,
products made in Illinois in order to inform consumers and
buyers of their high quality standards and craftsmanship.;
(5) To (e) provide technical assistance toward
establishment of export trade corporations in the private
sector.;
(6) To (f) develop an electronic data base to compile
information on international trade and investment activities
in Illinois companies, provide access to research and
business opportunities through external data bases, and
connect this data base through international communication
systems with appropriate domestic and worldwide networks
users.;
(7) To (g) collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State.;
(8) To (h) establish an export finance awareness program
to provide information to banking organizations about methods
used by banks to provide financing for businesses engaged in
exporting and about other State and federal programs to
promote and expedite export financing.; and
(9) To (i) undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 85-975.)
(20 ILCS 605/605-620 new)
(was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
Sec. 605-620. Exports of professional services and
agricultural and manufactured products. 46.24. In cooperation
with the Department of Agriculture and the International
Trade and Port Promotion Advisory Committee, to (i) (a)
provide assistance to those manufacturing and service
companies that who desire to export agricultural machinery,
implements, equipment, other manufactured products, and
professional services; (ii) (b) encourage Illinois companies
to initiate exporting or increase their export sales of
agricultural and manufactured products; (iii) (c) cooperate
with agencies and instrumentalities of the federal government
in trade development activities in overseas markets; (iv) (d)
conduct the necessary research within Illinois and in
overseas markets in order to assist exporting companies; (v)
(e) promote the State of Illinois as a source of agricultural
and manufactured products through information and promotion
campaigns overseas; and (vi) (f) conduct an information
program for foreign buyers of Illinois agricultural and
manufactured products.
(Source: P.A. 77-1335.)
(20 ILCS 605/605-625 new)
(was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
Sec. 605-625. Promotion of water ports and airport
facilities. 46.25. In cooperation with the Department of
Agriculture and the International Trade and Port Promotion
Advisory Committee, to (i) (a) establish a freight rate
information service for U.S. and foreign shippers; (ii) (b)
promote the advantages of Illinois water ports and existing
airport facilities through appropriate means and media in
this country and overseas; and (iii) (c) cooperate with the
export expansion projects and any other activity that results
in the additional flow of agricultural and manufactured
products through the Illinois water ports and existing
airport facilities.
(Source: P.A. 77-1335.)
(20 ILCS 605/605-630 new)
(was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
Sec. 605-630. Overseas offices. 46.26. In cooperation
with the Department of Agriculture and with the counsel of
the International Trade and Port Promotion Advisory
Committee, to establish overseas offices for (i) (a) the
promotion of the export of Illinois agricultural and
manufactured products; (ii) (b) representation of Illinois
seaports; (iii) (c) economic development; and (iv) (d)
tourism promotion and services.
(Source: P.A. 78-255.)
(20 ILCS 605/605-675 new)
(was 20 ILCS 605/46.66)
Sec. 605-675. 46.66. Exporter award program. The
Department shall establish and operate, in cooperation with
the Department of Agriculture and the Illinois Development
Finance Authority, an annual awards program to recognize
Illinois-based exporters. In developing criteria for the
awards, the Department shall give consideration to the
exporting efforts of small and medium sized businesses,
first-time exporters, and other appropriate categories.
(Source: P.A. 88-100; 88-670, eff. 12-2-94.)
(20 ILCS 605/605-700 new)
(was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
Sec. 605-700. Tourism promotion. 46.6. To encourage and
promote tourism within the State.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-705 new)
(was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
Sec. 605-705. Grants to local tourism and convention
bureaus. Sec. 46.6a.
(a) (1) To establish a grant program for local tourism
and convention bureaus. The Department will develop and
implement a program for the use of funds, as authorized under
this Act, by local tourism and convention bureaus. For the
purposes of this Act, bureaus eligible to receive funds are
defined as those bureaus in legal existence as of January 1,
1985 that, which are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with at least one or more municipality or county, and employ
one full time staff person whose purpose is to promote
tourism. Each bureau receiving funds under this Act will be
certified by the Department as the designated recipient to
serve an area of the State. These funds may not be used in
support of the Chicago Worlds Fair.
(b) (2) To distribute grants to local tourism and
convention bureaus from appropriations made from the Local
Tourism Fund for that purpose. Of the amounts appropriated
annually to the Department for expenditure under this
Section, one-third 1/3 of those such monies shall be used for
grants to convention and tourism bureaus in cities with a
population greater than 500,000. The remaining two-thirds 2/3
of the annual appropriation shall be used for grants to
convention and tourism such bureaus in the remainder of the
State, in accordance with a formula based upon the population
served. The Department may reserve up to 10% of the total
appropriated to conduct audits of grants, to provide
incentive funds to those bureaus that which will conduct
promotional activities designed to further the Department's
statewide advertising campaign, to fund special statewide
promotional activities, and to fund promotional activities
that which support an increased use of the State's parks or
historic sites.
(Source: P.A. 90-26, eff. 7-1-97.)
(20 ILCS 605/605-710 new)
(was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
Sec. 605-710. 46.6c. Regional tourism development
organizations. The Department may, subject to appropriation,
provide contractual funding from the Tourism Promotion Fund
for the administrative costs of not-for-profit regional
tourism development organizations that assist the Department
in developing tourism throughout a multi-county geographical
area designated by the Department. Regional tourism
development organizations receiving funds under this Section
may be required by the Department to submit to audits of
contracts awarded by the Department to determine whether the
regional tourism development organization has performed all
contractual obligations under those contracts.
Every employee of a regional tourism development
organization receiving funds under this Section shall
disclose to the organization's its governing board and to the
Department any economic interest that employee may have in
any entity with which the regional tourism development
organization has contracted or to which the regional tourism
development organization has granted funds.
(Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98.)
(20 ILCS 605/605-715 new)
(was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
Sec. 605-715. 46.59. Advisory Committee; Tourism
Promotion Fund. There is created within the Department an
Advisory Committee of 11 persons, including 2 members of the
Senate of different political parties appointed by the
President, 2 members of the House of Representatives of
different political parties appointed by the Speaker thereof,
and 7 other persons, one of whom shall be a senior citizen 60
years of age or over, appointed by the Governor. The members
appointed by the Governor may include, but are not limited
to, persons representing motels, hotels, restaurants,
airlines, railroads, bus lines, travel agencies, oil
companies and the communications industry. The appointments
shall be made as soon as possible after August 13, 1988, the
effective date of Public Act 85-1185 this amendatory Act of
1988. Members shall serve for terms of 2 years and until
their respective successors are appointed, except that
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever first occurs. Vacancies in
the membership in the Advisory Committee shall be filled in
the same manner as the original appointments.
The Advisory Committee shall elect a member of its own
group as chairman at the first meeting, which shall be called
by the Governor. The Advisory Committee shall meet at least
4 times in a calendar year at the call of the chairman. The
Advisory Committee shall advise in all matters relating to
the policy and administration of the Illinois Tourism
Promotion Fund. The Committee shall report to each regular
session of the General Assembly its recommendations for
legislation in the field of the promotion of tourism and
related subjects in Illinois.
The requirements for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
under Section 3.1 of "An Act to revise the law in relation to
the General Assembly Organization Act", approved February 25,
1874, as amended.
Members of the committee shall serve without compensation
but shall be reimbursed for necessary expenses incurred in
the performance of their duties.
(Source: P.A. 85-1185.)
(20 ILCS 605/605-720 new)
(was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
Sec. 605-720. Publicizing Illinois facilities and
attractions. 46.16. To encourage and assist the efforts of
other public and private organizations or groups of citizens
to publicize the facilities and attractions of Illinois.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-800 new)
(was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
46.19a)
Sec. 605-800. Training grants for skills in critical
demand. 46.19a. Employment and technology grants.
(a) (1) Grants to provide training in fields affected by
critical demands for certain skills may be made as provided
in this Section subsection.
(b) (a) The Director of the Department may make grants
to eligible employers or to other eligible entities on behalf
of employers as authorized in subsection (c) paragraph (b) to
provide training for employees in fields for which there are
critical demands for certain skills.
(c) (b) The Director may accept applications for
training grant funds and grant requests from: (i) entities
sponsoring multi-company eligible employee training projects
as defined in subsection (d) paragraph (c), including
business associations, strategic business partnerships,
institutions of secondary or higher education, large
manufacturers for supplier network companies, federal Job
Training Partnership Act administrative entities or grant
recipients, and labor organizations when those projects will
address common training needs identified by participating
companies; and (ii) individual employers that are undertaking
eligible employee training projects as defined in subsection
(d) paragraph (c), including intermediaries and training
agents.
(d) (c) The Director may make grants to eligible
applicants as defined in subsection (c) paragraph (b) for
employee training projects that include, but need not be
limited to, one or more of the following:
(1) (i) Training programs in response to new or
changing technology being introduced in the workplace.;
(2) (ii) Job-linked training that offers special
skills for career advancement or that is preparatory for,
and leads directly to, jobs with definite career
potential and long-term job security.;
(3) (iii) Training necessary to implement total
quality management or improvement or both management and
improvement systems within the workplace.;
(4) (iv) Training related to new machinery or
equipment.;
(5) (v) Training of employees of companies that are
expanding into new markets or expanding exports from
Illinois.;
(6) (vi) Basic, remedial, or both basic and
remedial training of employees as a prerequisite for
other vocational or technical skills training or as a
condition for sustained employment.;
(7) (vii) Self-employment training of the
unemployed and underemployed with comprehensive,
competency-based instructional programs and services.;
and
(8) (viii) Other training activities or, projects,
or both training activities and projects, related to the
support, development, or evaluation of job training
programs, activities, and delivery systems, including
training needs assessment and design.
(e) (d) Grants shall be made on the terms and conditions
that the Department shall determine., provided, however, that
No grant made under the provisions of paragraph (c) of this
subsection (d), however, shall exceed 50% of the direct costs
of all approved training programs provided by the employer or
the employer's training agent or other entity as defined in
subsection (c) paragraph (b). Under this Section, allowable
costs include, but are not limited to:
(1) (i) Administrative costs of tracking,
documenting, reporting, and processing training funds or
project costs.;
(2) (ii) Curriculum development.;
(3) (iii) Wages and fringe benefits of employees.;
(4) (iv) Training materials, including scrap
product costs.;
(5) (v) Trainee travel expenses.;
(6) (vi) Instructor costs, including wages, fringe
benefits, tuition, and travel expenses.;
(7) (vii) Rent, purchase, or lease of training
equipment.; and
(8) (viii) Other usual and customary training
costs.
(f) (e) The Director will ensure that a minimum of one
on-site grant monitoring visit is conducted by the Department
either during the course of the grant period or within 6
months following the end of the grant period. The Department
shall verify that the grantee's financial management system
is structured to provide for accurate, current, and complete
disclosure of the financial results of the grant program in
accordance with all provisions, terms, and conditions
contained in the grant contract.
(g) (f) The Director may establish and collect a
schedule of charges from subgrantee entities and other system
users under federal job-training programs for participating
in and utilizing the Department's automated job-training
program information systems if the where such systems and the
necessary participation and utilization are requirements is a
requirement of the federal job-training programs. All monies
collected pursuant to this subsection paragraph shall be
deposited into the Federal Job-Training Information Systems
Revolving Fund created in Section 35-805 subsection (5).
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-805 new)
(was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
46.19a)
Sec. 605-805. Federal Job-Training Information Systems
Revolving Fund. (5) There is hereby created a special fund
in the State treasury to be known as the Federal Job-Training
Information Systems Revolving Fund. The deposit of monies
into this fund shall be limited to the collection of charges
pursuant to paragraph (f) of subsection (g) (1) of this
Section 605-800. The monies in the fund may only be used,
subject to appropriation by the General Assembly, only for
the purpose of financing the maintenance and operation of the
automated Federal Job-Training Information Systems pursuant
to paragraph (f) of subsection (g) (1) of this Section
605-800.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-810 new)
(was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par.
46.19a)
Sec. 605-810. Reemployment of former employees.
(6) When the Department is involved in developing a federal
or State funded training or retraining program for any
employer, the Department will assist and encourage that
employer in making every effort to reemploy individuals
previously employed at the facility. Further, the Department
will provide a list of those said employees to the said
employer for consideration for reemployment and will report
the results of this effort to the Illinois Job Training
Coordinating Council. This requirement shall be in effect
when all of the following conditions are met:
(1) (a) The employer is reopening, or is proposing
to reopen, a facility that which was last closed during
the preceding 2 years.,
(2) (b) A substantial number of the persons who
were employed at the facility before its most recent
closure remain unemployed., and
(3) (c) The product or service produced by, or
proposed to be produced by, the employer at the facility
is substantially similar to the product or service
produced at the facility before its most recent closure.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-815 new)
(was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par.
46.19a)
Sec. 605-815. Unemployed and underemployed single
parents. (7) The Department, in cooperation with the
Departments of Human Services and Employment Security, may
establish a program to encourage community action agencies to
establish programs that will help unemployed and
underemployed single parents to identify, access, and
develop, through such means as counseling or mentoring,
internal and external resources that will enable those single
parents to become emotionally and financially
self-sufficient. The intended primary beneficiaries of the
local programs shall be female heads of households who are at
least 22 but less than 46 years of age and who are physically
able to work but are unemployed or underemployed. The
Department may make grants, subject to the availability of
funding, to communities and local agencies for the purpose of
establishing local programs as described in this Section
subsection (7). A grant under this Section subsection (7)
shall be made for a period of one year and may be renewed if
the Department determines that the program is successful in
meeting its objectives. If the Department determines that
implementation of a program has resulted in a savings of
State moneys that otherwise would have been paid to
beneficiaries of the program, the Department, on renewing a
grant, may adjust the grant amount for those demonstrated
savings.
For purposes of this Section subsection, a person is
underemployed if his or her income from employment is less
than 185% of the federal official poverty income guideline.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-820 new)
(was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
Sec. 605-820. Public hearings on Job Training Partnership
Act plans and programs. 46.49. To require Service Delivery
Areas established under the federal Job Training Partnership
Act to hold public hearings on the job training plans
developed for their respective jurisdictions pursuant to
Section 104 of the federal Job Training Partnership Act. The
Such public hearings shall be held by the Service Delivery
Areas prior to the submission of the job training plans to
the Department for review and approval or disapproval on
behalf of the Governor. The Department shall, as part of its
plan submission requirements, direct Service Delivery Areas
to submit evidence that the such hearings have been held.
The Department shall hold public hearings regarding those
Job Training Partnership Act programs set aside under that
Act for direct administration and implementation by the
Governor. The Such public hearings shall be held prior to the
submission of the Governor's Coordination and Special
Services Plan to the General Assembly for review and comment
and to the Governor for approval.
(Source: P.A. 83-1528.)
(20 ILCS 605/605-825 new)
(was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
Sec. 605-825. 46.65. Earnfare Program. The Department
shall, through the Job Training Partnership Act and local
private industry councils, provide job skills training, job
placement, client management, and supportive services for
Earnfare participants, using existing II-A funds.
(Source: P.A. 87-893.)
(20 ILCS 605/605-850 new)
(was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
46.32a)
Sec. 605-850. Labor-Management Cooperation Committee.
46.32a.
(a) The Department shall promote labor-management
relations and provide assistance in the development of local
labor-management committees.
(b) In the Department there shall be a Labor-Management
Cooperation Committee composed of 12 public members appointed
by the Governor with the advice and consent of the Senate.
Six members shall represent executive level management of
businesses that employ labor union members, and 6 members
shall represent major labor union leadership. The Governor
shall designate 1 business representative and 1 labor
representative as cochairmen. Appointed members shall not be
represented at a meeting by another person. There shall be 6
ex officio nonvoting members: the Director of the Department,
who shall serve as Secretary, the Director of the Department
of Labor, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives. Each ex
officio member shall serve during the term of his or her
office. Ex officio members may be represented by duly
authorized substitutes.
In making the initial public member appointments to the
Committee, 3 of the business representatives and 3 of the
labor union representatives shall be appointed for terms
expiring July 1, 1987. The remaining public members shall be
appointed for terms expiring July 1, 1988. Thereafter, public
members of the Committee shall be appointed for terms of 2
years expiring on July 1, or until their successors are
appointed and qualified. The Governor may at any time, with
the advice and consent of the Senate, make appointments to
fill vacancies for the balance of an unexpired term. Public
members shall serve without compensation, but shall be
reimbursed by the Department for necessary expenses incurred
in the performance of their duties. The Department shall
provide staff assistance to the Committee.
(c) The Committee shall have the following duties:
(1) To improve communications between labor and
management on significant economic problems facing the
State.;
(2) To encourage and support the development of
local labor-management committees at the plant, industry
and area levels across the State.;
(3) To assess the progress of area labor-management
committees that have been formed across the State and
provide input to the Director of the Department
concerning matching grants to area labor-management
committees or other grant programs established in this
Act.;
(4) To convene a statewide conference on
labor-management concerns at least once every 2 years.;
(5) To issue a report on labor-management concerns
to the Governor and the General Assembly every 2 years
commencing in March of 1987. This report shall outline
the accomplishments of the Committee and specific
recommendations for improving Statewide labor-management
relations.
(Source: P.A. 88-456.)
(20 ILCS 605/605-855 new)
(was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
46.32a)
Sec. 605-855. Grants to local labor-management
committees.
(a) (b) The Director, with the advice of the
Labor-Management Cooperation Committee, shall have the
authority to provide matching grants, grants, and other
resources to establish or assist area labor-management
committees and other projects that which serve to enhance
labor-management relations. The Department shall have the
authority, with the advice of the Labor-Management
Cooperation Committee, to award grants or matching grants in
4 four areas as provided in subsections (b) through (e).:
(b) (1) At least 60% 60 percent of the annual
appropriation to the Department, for providing
labor-management grants and resources shall be awarded as
matching grants to existing local labor-management
committees. To be eligible for matching grants pursuant to
this subsection, local labor-management committees shall meet
all of the following criteria:
(1) (i) Be a formal, not-for-profit organization
structured for continuing service with voluntary
membership.;
(2) (ii) Be composed of labor and management
representatives.;
(3) (iii) Service a distinct and identifiable
geographic region.;
(4) (iv) Be staffed by a professional chief
executive officer.;
(5) (v) Have been established with the Department
for at least 2 two years.;
(6) (vi) Operate in compliance with rules set forth
by the Department with the advice of the Labor-Management
Cooperation Committee.; and
(7) (vii) Ensure that their its efforts and
activities are coordinated with relevant agencies,
including but not limited to the following:
Department of Commerce and Community Affairs
Illinois Department of Labor
Economic development agencies
Corridor councils
Planning agencies
Colleges, universities, and community colleges
U.S. Department of Labor
Statewide Job Training Partnership Act
Entities.
Further, the purpose of the local labor-management
committees will include, but not be limited to, the
following:
(8) (i) Enhancing the positive labor-management
relationship within the State, region, community, and/or
work place.;
(9) (ii) Assisting in the retention, expansion, and
attraction of businesses and jobs within the State
through special training programs, gathering and
disseminating dissemination of information, and providing
assistance in local economic development efforts as
appropriate.;
(10) (iii) Creating and maintaining a regular
nonadversarial forum for ongoing dialogue between labor
and management representatives to discuss and resolve
issues of mutual concern outside the realm of the
traditional collective bargaining process.;
(11) (iv) Acting as an intermediary for initiating
local programs between unions and employers that which
would generally improve economic conditions in a region.;
(12) (v) Encouraging, assisting, and facilitating
the development of work-site and industry
labor-management committees in the region.
Any local labor-management committee meeting these
criteria may apply to the Department for annual matching
grants, providing that the local committee contributes at
least 25% 25 percent in matching funds, of which no more than
50% 50 percent shall be "in-kind" services. Funds received
by a local committee pursuant to this subsection shall be
used for the ordinary operating expenses of the local
committee.
(c) (2) Up to 20% 20 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as matching grants to local
labor-management committees that which do not meet all of the
eligibility criteria set forth in subsection (b) (1).
However, to be eligible to apply for a grant under this
subsection (c), the local labor-management committee, at a
minimum, shall meet all of the following criteria:
(1) (i) Be composed of labor and management
representatives.;
(2) (ii) Service a distinct and identifiable
geographic region.;
(3) (iii) Operate in compliance with the rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee.; and
(4) (iv) Ensure that its efforts and activities are
directed toward enhancing the labor-management
relationship within the State, region, community, and/or
work place.
Any local labor-management committee meeting these
criteria may apply to the Department for an annual matching
grant, providing that the local committee contributes at
least 25% 25 percent in matching funds of which no more than
50% 50 percent shall be "in-kind" services. Funds received
by a local committee pursuant to this paragraph (2) of
subsection (c) (b) of this Section shall be used for the
ordinary and operating expenses of the local committee.
Eligible committees shall be limited to 3 three years of
funding under this subsection. With respect to those
committees participating in this program prior to enactment
of this amendatory Act of 1988 that which fail to qualify
under paragraph (1) of this subsection (c) (b) of this
Section, previous years' funding shall be counted in
determining whether those committees have reached their
funding limit under this paragraph (2).
(d) (3) Up to 10% 10 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as grants to develop and conduct
specialized education and training programs of direct benefit
to representatives of labor, management, labor-management
committees and/or their staff. The type of education and
training programs to be developed and offered will be
determined and prioritized annually by the Department, with
the advice of the Labor-Management Cooperation Committee.
The Department will develop and issue an annual request for
proposal detailing the program specifications.
(e) (4) Up to 10% 10 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as grants for research and
development projects related to labor-management issues. The
Department, with the advice of the Labor-Management
Cooperation Committee, will develop and prioritize annually
the type and scope of the research and development projects
deemed necessary.
(f) The Department is authorized to establish
applications and, application procedures and promulgate any
rules deemed necessary in the administration of the such
grants.
(Source P.A. 88-456.)
(20 ILCS 605/605-860 new)
(was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
46.32a)
Sec. 605-860. Office of Labor-Management Cooperation.
(c) To administer the grant programs created by this Law
Act, the Department shall establish an Office of
Labor-Management Cooperation. The purpose of this office
shall include, but not be limited to the following:
(1) To administer the grant programs, including
developing grant applications and requests for proposals
proposal, program monitoring, and evaluation.
(2) To serve as State liaison with other state,
regional and national organizations devoted to promoting
labor-management cooperation; and to disseminate
disseminating pertinent information secured through these
State, regional, and national affiliations to local
labor-management committees, the Labor-Management
Cooperation Committee, and other interested parties
throughout the State.
(3) To provide technical assistance to area,
industry, or work-site labor-management committees as
requested.
(4) To serve as a clearinghouse for information
related to labor-management cooperation.
(5) To serve as a catalyst to developing and
strengthening a partnership among local, State, regional,
and national organizations and agencies devoted to
enhancing labor-management cooperation.
(6) To provide any other programs or services that
which enhance labor-management cooperation within the
State of Illinois as determined by the Director with the
advice of the Labor-Management Cooperation Committee.
(Source: P.A. 88-456.)
(20 ILCS 605/605-875 new)
(was 20 ILCS 605/46.68)
Sec. 605-875. 46.68. Safety loan program.
(a) The Department of Commerce and Community Affairs may
develop and implement a small business safety loan program to
allow employers the opportunity to improve workplace safety.
The loans shall be made from appropriations for that purpose.
The loans shall be secured by adequate collateral, may be for
a term of no more than 5 years, and may bear interest at a
discounted rate. The Department shall promulgate all
necessary rules to implement the program.
(b) Any loan made under this Section shall: (1) be made
only if an on-site safety and health consultation and
recommendations for correction have been completed by the
Department's Industrial Service Division; and (2) finance no
more than $50,000 or 80% of the total project and no less
than $10,000.
(c) The Illinois Safety Revolving Loan Fund is created
as a separate fund within the State treasury.
The purpose of the Fund is to provide loans to and
finance administration of loans to small businesses in
Illinois.
There shall be deposited into the Fund amounts including,
but not limited to, the following:
(1) All receipts, including dividends, principal,
and interest payments from any applicable loan agreement
made from the Fund or from direct appropriations.;
(2) All proceeds of assets of whatever nature
received by the Department as a result of default or
delinquency with respect to loan agreements made from the
Fund or from direct appropriations by the General
Assembly, including proceeds from the sale, disposal,
lease, or rental of real or personal property that the
Department may have received as a result of the default
or delinquency.;
(3) Any appropriations, grants, or gifts made to
the Fund.; and
(4) Any income received from interest on
investments of moneys in the Fund.
(d) The implementation of or continuation of this
program during any fiscal year is dependent upon federal
funding, through the Department of Labor, committed to the
Onsite Safety and Health Consultation Program prior to the
beginning of that fiscal year.
(Source: P.A. 89-423, eff. 6-1-96.)
(20 ILCS 605/605-900 new)
(was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
Sec. 605-900. Construction loans to local governments for
revenue producing capital facilities. 46.6b. To make loans to
units of local government for construction of revenue
producing capital facilities, subject to the such terms and
conditions condition as it deems necessary to ensure
repayment.
(Source: P.A. 85-552.)
(20 ILCS 605/605-905 new)
(was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
Sec. 605-905. Grants to local governments in connection
with federal prisons. 46.41b. To make grants to units of
local government for (i) land acquisition and all necessary
improvements upon or related thereto for the purpose of
facilitating the location of federal prisons in Illinois and
(ii) for the development of industrial or commercial parks,
or both, that which are adjacent to or abut any federal
prison constructed in Illinois after January 9, 1990 (the
effective date of Public this amendatory Act 86-1017) of
1989.
(Source: P.A. 86-1017.)
(20 ILCS 605/605-910 new)
(was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56)
Sec. 605-910. Grants to municipalities for site
development along waterways. 46.56. In cooperation with the
Department of Transportation, to make grants and provide
financial assistance to municipalities for site development
along waterways in order to promote commercial and industrial
development.
(Source: P.A. 84-1124.)
(20 ILCS 605/605-915 new)
(was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
Sec. 605-915. Assisting local governments to achieve
lower borrowing costs. 46.45. To cooperate with the Illinois
Development Finance Authority in assisting local governments
to achieve overall lower borrowing costs and more favorable
terms under Sections 7.50 through 7.61 of the Illinois
Development Finance Authority Act, including using the
Department's federally funded Community Development
Assistance Program for those such purposes.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-920 new)
(was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
Sec. 605-920. Assisting local governments; debt
management, capital facility planning, infrastructure.
46.47. To provide, in cooperation with the Illinois
Development Finance Authority, technical assistance to local
governments with respect to debt management and bond
issuance, capital facility planning, infrastructure
financing, infrastructure maintenance, fiscal management, and
other infrastructure areas.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-925 new)
(was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
Sec. 605-925. Helping local governments reduce
infrastructure costs. 46.48. To develop and recommend to the
Governor and the General Assembly, in cooperation with the
Illinois Development Finance Authority and local governments,
methods and techniques that can be used to help local
governments reduce their public infrastructure costs,
including strengthened local financial management, user fees,
and other appropriate options.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-930 new)
(was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
Sec. 605-930. Assisting home rule units; composite bond
issues for mortgages. 46.27. At the request of any home rule
unit, to assist the such home rule unit in providing
composite bond issues for mortgages in order to enable the
such home rule unit to benefit from the federal allocation of
tax exempt mortgage revenue bonds authorized under the
federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
Public Law 96-499), as now or hereafter amended.
(Source: P.A. 83-651.)
(20 ILCS 605/605-935 new)
(was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
Sec. 605-935. Referrals to State universities for special
economic problems. 46.32. To encourage the establishment,
with the assistance of the Board of Higher Education, of a
system for referring representatives of communities in which
there exist special economic problems and opportunities to
the most appropriate State university for assistance. The
Department may also cooperate with the universities in
providing advice and assistance to communities or groups of
citizens seeking to offset the economic impact of the removal
or termination of substantial industrial or commercial
operations.
(Source: P.A. 81-835; 81-1509.)
(20 ILCS 605/605-940 new)
(was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
Sec. 605-940. Clearing house for local government
problems; aid with financial and administrative matters.
46.37. The Department shall provide for a central clearing
house for information concerning local government problems
and various solutions to those problems and shall assist and
aid local governments of the State in matters relating to
budgets, fiscal procedures, and administration. In performing
this responsibility the Department shall have the power and
duty to do the following:
(1) (a) Maintain communication with all local
governments and assist them, at their request, to improve
their administrative procedures and to facilitate
improved local government and development.;
(2) (b) Assemble and disseminate information
concerning State and federal programs, grants, gifts, and
subsidies available to local governments and to provide
counsel and technical services and other assistance in
applying for those such programs, grants, gifts, and
subsidies.;
(3) (c) Assist in coordinating activities by
obtaining information, on forms provided by the
Department or by receipt of proposals and applications,
concerning State and federal assisted programs, grants,
gifts, and subsidies applied for and received by all
local governments.;
(4) (d) Provide direct consultative services to
local governments upon request and provide staff services
to special commissions, the Governor, or the General
Assembly or its committees.;
(5) (e) Render advice and assistance with respect
to the establishment and maintenance of programs for the
training of local government officials and other
personnel, including programs of intergovernmental
exchange of personnel.;
(6) (f) To Act as the official State agency for the
receipt and distribution of federal funds that which are
or may be provided to the State on a flat grant basis for
distribution to local governments or in the event federal
law requires a State agency to implement programs
affecting local governments and for State funds that
which are or may be provided for the use of local
governments unless otherwise provided by law.;
(7) (g) To Administer such laws relating to local
government affairs as the General Assembly may direct.;
(8) (h) Provide all advice and assistance to
improve local government administration, ensure to insure
the economical and efficient provision of local
government services, and to make the Civil Administrative
Code of Illinois this Act effective.;
(9) (i) Give advice and counsel on fiscal problems
of local governments of the State to those such local
governments.;
(10) (j) Prepare uniform budgetary forms for use by
the local governments of the State.;
(11) (k) Assist and advise the local governments of
the State in matters pertaining to budgets, appropriation
requests and ordinances, the determination of property
tax levies and rates, and other matters of a financial
nature.;
(12) (l) Be a repository for financial reports and
statements required by law of local governments of the
State, and publish financial summaries of those reports
and statements. thereof;
(13) (m) At the request of local governments,
provide assistance in preparing bond issues, review
bonding proposals, and assist in marketing bonds, and
provide by January 1, 1985, model forms for the
disclosure of all information of significance to
potential purchasers of long or short term debt of local
governments and all information required to be disclosed
in connection with the sale of long or short term debt by
local governments.;
(14) (n) Prepare proposals and advise on the
investment of idle local government funds.;
(15) (o) Administer the program of grants, loans,
and loan guarantees under the federal Public Works and
Economic Development Act of 1965, as amended, 42 U.S.C.
3121 and following et seq., and to receive and disburse
State and federal funds provided for that program and
moneys received as repayments of loans made under the
program.;
(16) (p) After January 1, 1985, upon the request of
local governments, to prepare and provide model financial
statement forms designed to communicate to taxpayers,
service consumers, voters, government employees, and news
media, in a non-technical manner, all significant
financial information regarding a particular local
government, and to prepare and provide to local
governments a summary of local governments' obligations
concerning the adoption of an annual operating budget.
The which summary shall be set forth in a non-technical
manner and shall be designed principally for distribution
to, and the use of, taxpayers, service consumers, voters,
government employees, and news media.
(Source: P.A. 83-1362.)
(20 ILCS 605/605-945 new)
(was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
Sec. 605-945. Development of safe and decent housing.
46.38. The Department shall foster the development of safe
and decent housing for Illinois citizens and shall perform
all duties provided by law. In performing this responsibility
the Department shall have the power and duty to do the
following:
(1) (a) Coordinate and, wherever provided by law,
to supervise or administer the several programs of State
and federal assistance and grants related to housing and
urban renewal, including but not limited to housing,
redevelopment, urban renewal, urban planning assistance,
building codes, building code enforcement, housing codes,
housing code enforcement, area development,
revitalization of central city cores, mass
transportation, public works, and community facilities,
and to furnish technical assistance on any program of
housing and urban renewal.;
(2) (b) To Exercise the rights, powers, and duties
provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (12) of Section 605-115. 46.36
of this Act;
(3) (c) To Perform such other duties that as may be
necessary to implement applicable law and to ensure
insure orderly administration of the Department.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-950 new)
(was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
Sec. 605-950. Federal funds for housing. 46.38a. The
Department of Commerce and Community Affairs is authorized to
receive and distribute federal funds to foster safe and
decent housing and for reimbursement of social service
expenses in connection with emergency shelter for the
homeless.
(Source: P.A. 85-1021.)
(20 ILCS 605/605-990 new)
(was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
Sec. 605-990. Notice of legislation affecting local
governments. 46.37a. Beginning on March 1, 1984 and annually
thereafter, the Department shall notify each county,
municipality, and township of all State legislation that
which has taken effect during the preceding 12 months that
which in the Department's view directly affects or has
significant impact upon the functioning of local governments.
Notice shall be provided by delivering, by mail or otherwise,
to each such unit of local government a listing of the
legislation.
(Source: P.A. 83-915.)
(20 ILCS 605/605-995 new)
(was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
Sec. 605-995. Contracts to perform functions at request
of local governments. 46.40. The Director may contract on
behalf of the Department, at the request of the corporate
authorities of any municipality, if the proposed function
takes place within the such municipality, or at the request
of the corporate authorities of the county, if the proposed
function takes place in an unincorporated area, with any
person, firm, or corporation to perform any of the functions
provided herein, within the corporate limits as provided in
this Section. The Department shall not expend State funds on
a contractual basis for those such functions unless those
functions and expenditures are expressly authorized by the
General Assembly.
(a) All contracts entered into by the Director shall
provide for annual audits and reports of activities conducted
under terms of the contract, unless more frequently requested
by the Director. The Director shall take such other steps as
are necessary to ensure insure the proper discharge of
contract responsibilities.;
(b) The Department shall promulgate rules and
regulations concerning the Department's operations or
programs established to meet these purposes.
(Source: P.A. 81-1509.)
(20 ILCS 805/Art. 805 heading new)
ARTICLE 805. DEPARTMENT OF NATURAL
RESOURCES (CONSERVATION)
(20 ILCS 805/805-1 new)
Sec. 805-1. Article short title. This Article 805 of
the Civil Administrative Code of Illinois may be cited as the
Department of Natural Resources (Conservation) Law.
(20 ILCS 805/805-5 new)
Sec. 805-5. Definitions. In this Law:
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(20 ILCS 805/805-10 new)
(was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
Sec. 805-10. Department's powers, generally. 63a. The
Department of Natural Resources has the powers enumerated in
the following Sections 63a1 through 63b2.9.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(20 ILCS 805/805-15 new)
(was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
Sec. 805-15. Rules and regulations. The Department has
the power 63a37. to adopt and enforce rules and regulations
necessary to the performance of its statutory duties.
(Source: P.A. 84-437.)
(20 ILCS 805/805-25 new)
(was 20 ILCS 805/63b2.8)
Sec. 805-25. 63b2.8. Public benefit certification. The
Department has the power to certify whether land encumbered
by a conservation right provides a demonstrated public
benefit for purposes of reduced land valuation in accordance
with Section 10-167 of the Property Tax Code.
(Source: P.A. 88-657, eff. 1-1-95.)
(20 ILCS 805/805-30 new)
(was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
Sec. 805-30. Illinois Conservation Corps; Illinois Youth
Recreation Corps. The Department has the power 63a38. to
administer the Illinois Conservation Corps Program and the
Illinois Youth Recreation Corps Program created by the
"Illinois Youth and Young Adult Employment Act of 1986",
enacted by the 84th General Assembly, and to promulgate rules
and regulations for the administration of the programs.
(Source: P.A. 84-1430.)
(20 ILCS 805/805-35 new)
(was 20 ILCS 805/63a40)
Sec. 805-35. 63a40. Adopt-A-River program. The
Department has the power to establish and maintain
Adopt-A-River programs with individual or group volunteers in
an effort to encourage and facilitate volunteer group
involvement in litter cleanup in and along portions of rivers
and streams located in State parks and park lands. These
programs shall include but not be limited to the following:
(1) Providing and coordinating services by
volunteers to reduce the amount of litter including
providing trash bags and trash bag pickup and, where
necessary, providing briefings on safety procedures.
(2) Providing and installing signs identifying
those volunteers participating in the Adopt-A-River
program in particular parks and park lands.
The State and the Department of Natural Resources and its
employees are not liable for any damages or injury suffered
by any person resulting from his or her participation in the
program or from the actions or activities of the volunteers.
(Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
90-14, eff. 7-1-97.)
(20 ILCS 805/805-40 new)
(was 20 ILCS 805/63a41)
Sec. 805-40. 63a41. Establishment of Adopt-A-Park
program. The Department of Natural Resources may establish
and maintain Adopt-A-Park programs with individual or group
volunteers in an effort to reduce and remove litter from
parks and park lands. These programs shall include but not
be limited to the following:
(1) Providing and coordinating services by
volunteers to reduce the amount of litter, including
providing trash bags and trash bag pickup and, in
designated areas where volunteers may be in close
proximity to moving vehicles, providing safety briefings
and reflective safety gear.
(2) Providing and installing signs identifying
those volunteers adopting particular parks and park
lands.
(Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
90-14, eff. 7-1-97.)
(20 ILCS 805/805-70 new)
(was 20 ILCS 805/63b2.9)
Sec. 805-70. 63b2.9. Grants and contracts.
(a) The Department has the power to accept, receive,
expend, and administer, including by grant, agreement, or
contract, those funds that are made available to the
Department from the federal government and other public and
private sources in the exercise of its statutory powers and
duties.
(b) The Department may make grants to other State
agencies, universities, not-for-profit organizations, and
local governments, pursuant to an appropriation in the
exercise of its statutory powers and duties.
(Source: P.A. 90-490, eff. 8-17-97.)
(20 ILCS 805/805-80 new)
(was 20 ILCS 805/63b1.2)
Sec. 805-80. 63b1.2. Indirect cost reimbursements.
Indirect cost reimbursements applied for by the Department of
Natural Resources may be allocated as State matching funds.
Any indirect cost reimbursement applied for and received by
the Department shall be deposited into to the same fund as
the direct cost and may be expended, subject to
appropriation, for support of programs administered by the
Department of Natural Resources.
(Source: P.A. 90-490, eff. 8-17-97.)
(20 ILCS 805/805-100 new)
(was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
Sec. 805-100. Conservation of fish and game. The
Department has the power 63a1. to take all measures necessary
for the conservation, preservation, distribution,
introduction, propagation, and restoration of fish, mussels,
frogs, turtles, game, wild animals, wild fowls, and birds.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-105 new)
(was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
Sec. 805-105. Conservation of fauna and flora. The
Department has the power 63a2. to take all measures necessary
for the conservation, preservation, distribution,
introduction, propagation, and restoration of the fauna and
flora, except where other laws designate responsibilities
specifically to other governmental agencies. The Director
and authorized employees of the Department may expend such
sums as the Director deems necessary to purchase any fauna
and flora or parts thereof protected by the Department for
use as evidence of a violation of the Fish and Aquatic Life
Code, the Wildlife Code, or any other Act administered by the
Department, and may employ persons to obtain that such
evidence. The Director is authorized to establish
investigative cash funds for the purpose of purchasing
evidence or financing any investigation of persons suspected
of having violated those such Acts. The Such investigative
cash funds shall be operated and maintained on the imprest
system, and no such fund shall exceed $10,000. The
Department is authorized to deposit the such money in a
locally held bank account. The Such funds to be expended
shall come from public donations, proceeds from the sale of
flora and fauna no longer or not needed as evidence that were
purchased with investigative cash funds, and appropriations
to the Department for contractual services.
(Source: P.A. 87-798; 87-895.)
(20 ILCS 805/805-110 new)
(was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
Sec. 805-110. Statistics relating to fauna and flora.
The Department has the power 63a3. to collect and publish
statistics relating to the fauna and flora.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-115 new)
(was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
Sec. 805-115. Conservation information. The Department
has the power 63a4. to acquire and disseminate information
concerning the propagation and conservation of the fauna and
flora, and the activities of the Department and the
industries affected by conservation and propagation.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-120 new)
(was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
Sec. 805-120. Pollution prevention. The Department has
the power 63a5. to exercise all rights, powers, and duties
conferred by law and to take such measures that as are
necessary for the prevention of pollution of and engendering
of sanitary and wholesome conditions in rivers, lakes,
streams, and other waters in this State that as will promote,
protect, and conserve fauna and flora and to work in
conjunction with any other department of State government
that is as shall be proceeding to prevent stream and water
pollution.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-125 new)
(was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
Sec. 805-125. Agreements with federal agencies. 63b1.
The Department has of Natural Resources shall have the power
and authority to enter into agreements with appropriate
federal agencies in order to better effect cooperative
undertakings in the conservation, preservation, distribution,
and propagation of fish, mussels, frogs, turtles, game, wild
animals, wild fowls, birds, trees, plants, and forests.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-130 new)
(was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
Sec. 805-130. Conservation of forests. The Department
has the power 63a8. to take such measures for the promotion
of planting, encouragement, protection, and conservation of
forests and to promote forestry in this State, including but
not limited to reforestation, woodland management, fire
management, and forest marketing and utilization, to exercise
the rights, powers, and duties in relation thereto that are
as may be conferred by law, to promote sound forestry
management as described by the "Illinois Forestry Development
Act", and to carry out the functions ascribed to the
Department by that Act.
(Source: P.A. 85-150.)
(20 ILCS 805/805-200 new)
(was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
Sec. 805-200. Property given in trust. The Department
has the power 63a13-1. to accept, hold, maintain, and
administer, as trustee, property given in trust for
educational, recreational, or historic purposes for the
benefit of the People of the State of Illinois and to dispose
of that such property pursuant to the terms of the instrument
creating the trust.
(Source: Laws 1968, p. 148.)
(20 ILCS 805/805-205 new)
(was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
Sec. 805-205. Acquiring real property subject to life
estate. The Department has the power 63a29. to acquire, for
purposes authorized by law, any real property in fee simple
subject to a life estate in the seller in not more than 3
acres of the real property acquired, subject to the
restrictions that the life estate shall be used for
residential purposes only and that it shall be
non-transferable.
(Source: P.A. 79-332.)
(20 ILCS 805/805-210 new)
(was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
Sec. 805-210. Purchasing land for State parks. The
Department has the power 63a33. to purchase land for State
park purposes by contract for deed under the terms and
restrictions of Section 2 of the "An Act in relation to the
acquisition, control, maintenance, improvement and protection
of State Parks Act and nature preserves", approved June 26,
1925, as now or hereafter amended. The Such purchase
restrictions under that Act thereunder shall include and take
into consideration any purchases by contract for deed under
Sections 805-205, 805-215, 805-225, 805-230, and 805-255
63a10, 63a17, 63a18, 63a19 and 63a29 of this Act.
(Source: P.A. 81-554; 81-1509.)
(20 ILCS 805/805-215 new)
(was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
Sec. 805-215. Acquiring jurisdiction over federal
government lands. The Department has the power 63a17. to
acquire jurisdiction by lease, purchase, contract, or
otherwise, over any lands held by or otherwise under the
jurisdiction of the federal government for the purpose of
carrying out any power or duty conferred upon the Department
and to locate, relocate, construct, and maintain roadways and
parking areas on those such lands and to supply all
facilities necessary for public use of the areas.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-220 new)
(was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
Sec. 805-220. Historic structures. The Department has
the power 63a34. to lease or purchase any lands or
structures for the purpose of restoring, renovating, and
maintaining structures of historic significance that which
are listed in the Illinois or National Register of Historic
Places for public use; to acquire all necessary property or
rights-of-way for the purpose of providing access to those
such structures; and to construct buildings or such other
facilities as the Department deems necessary or desirable for
maximum utilization of those such facilities for public use.
However, any structures obtained for the purpose of being
used as State office facilities shall be subject to the
authority of the Department of Central Management Services,
and any leases for those such facilities shall be negotiated
and executed by the Department of Central Management
Services.
(Source: P.A. 83-282.)
(20 ILCS 805/805-225 new)
(was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
Sec. 805-225. Conservation of natural or scenic
resources. The Department has the power 63a19. to acquire
the fee or any lesser interests, including scenic easements,
in real property in order to preserve, through limitation of
future use, areas of great natural scenic beauty or areas
whose existing openness, natural condition, or present state
of use, if retained, would enhance the present or potential
value of abutting or surrounding recreational area
development, or would maintain or enhance the conservation of
natural or scenic resources.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-230 new)
(was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
Sec. 805-230. Developing recreational areas. The
Department has the power 63a18. to lease from individuals,
corporations, or any other form of private ownership, from
any municipality, public corporation, or political
subdivision of this State, or from the United States, any
lands or waters for the purpose of developing outdoor
recreational areas for public use and to acquire all
necessary property or rights-of-way, for the purposes of
ingress or egress to those such lands and waters, and to
construct buildings and other recreational facilities,
including roadways, bridges, and parking areas, that as the
Department deems necessary or desirable for maximum
utilization of recreational facilities for public use of the
areas.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-235 new)
(was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
Sec. 805-235. Lease of lands acquired by the Department;
disposition of obsolete buildings. The Department has the
power 63a6. to do and perform each and every act or thing
considered by the Director to be necessary or desirable to
fulfill and carry out the intent and purpose of all laws
pertaining to the Department, of Natural Resources including
the right to rehabilitate or sell at public auction,
buildings or structures affixed to lands over which the
Department has acquired jurisdiction when in the judgment of
the Director those such buildings or structures are obsolete,
inadequate, or unusable for the purposes of the Department
and to lease those such lands with or without appurtenances
for a consideration in money or in kind for a period of time
not in excess of 5 years for the such purposes and upon the
such terms and conditions that as the Director considers to
be in the best interests of the State when those such lands
are not immediately to be used or developed by the State.
All those such sales shall be made subject to the written
approval of the Governor. The funds derived from those such
sales and from those such leases shall be deposited in the
State Parks Fund, except that funds derived from those such
sales and from those such leases on lands managed and
operated principally as wildlife or fisheries areas by the
Department of Natural Resources shall be deposited in the
Wildlife and Fish Fund.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-240 new)
(was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
Sec. 805-240. Sale of land affected by federal emergency
conservation work; work on privately owned land. 63b.
(a) The Department has of Natural Resources shall have
the power and authority for and on behalf of the State to
make contractual agreements with the federal government
providing that if, as a result of the emergency conservation
work done by the federal government on State, county, and
municipally owned land in Illinois, under the provisions of a
federal act entitled "An Act for the relief of unemployment
through the performance of useful public work, and for other
purposes,", enacted by the 73rd Congress, the State derives a
direct profit from the sale of that such land or its
products, then that the proceeds will be divided equally
between the State of Illinois, and the federal government
until the State shall have paid for the work done at the rate
of $1.00 per man per day for the time spent on the such work
or projects, subject to a maximum of $3.00 per acre.
The Department's agreements with the U.S. Government may
include general indemnification provisions as required by
federal statutes for nonfederal sponsorship of a federally
authorized project.
(b) The Department may also assume responsibility for
the maintenance of work done on privately owned land either
by the owners of the land or otherwise and may by contract
with the owners reserve the right to remove any structures or
other things of removable value resulting from the work,
including products of trees planted, the such removal to be
without compensation to the landowner.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-245 new)
(was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
Sec. 805-245. Disposition of State park lands. 63b2.1.
The Department of Natural Resources shall not dispose of any
portion of a State park except as specifically authorized by
law. This prohibition shall not restrict the Department from
conveyance of easements and other lesser interests in land.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-250 new)
(was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
Sec. 805-250. Leases for strategic military sites. The
Department has the power 63a20. to lease lands over which the
Department has jurisdiction to the United States Army for use
as strategic military sites for a period not to exceed 10
years. All such leases, for whatever period, shall be subject
to the written approval of the Governor.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-255 new)
(was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
Sec. 805-255. Transfers to other State agency or federal
government; acquisition of federal lands. The Department has
the power 63a10. to transfer jurisdiction of or exchange any
realty under the control of the Department to any other
department of the State government, or to any agency of the
federal government, or to acquire or accept federal lands,
when the such transfer, exchange, acquisition, or acceptance
is advantageous to the State and is approved in writing by
the Governor.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-260 new)
(was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
Sec. 805-260. Licenses and rights-of-way for public
services. The Department has the power 63a7. to grant
licenses and rights-of-way within the areas controlled by the
Department for the construction, operation, and maintenance
upon, under, or across the such property, of facilities for
water, sewage, telephone, telegraph, electric, gas, or other
public service, subject to such terms and conditions as may
be determined by the Department.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-265 new)
(was 20 ILCS 805/63a39)
Sec. 805-265. Public utility easement on Tunnel Hill
Bicycle Trail. The Department has the power 63a39. to grant
a public utility easement in the Saline Valley Conservance
District on the Tunnel Hill Bicycle Trail for construction
and maintenance of a waterline, subject to such terms and
conditions as may be determined by the Department.
(Source: P.A. 88-369.)
(20 ILCS 805/805-270 new)
(was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
Sec. 805-270. Surplus agricultural products. The
Department has the power 63a26. to sell or exchange surplus
agricultural products grown on land owned by or under the
jurisdiction of the Department, when those such products
cannot be used by the Department.
(Source: P.A. 83-1374; 83-1486.)
(20 ILCS 805/805-275 new)
(was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
Sec. 805-275. Sale of 63a27. To sell gravel and other
materials. The Department has the power to sell gravel, sand,
earth, or other material from any State of Illinois owned
lands or waters under the jurisdiction of the Department at a
fair market price. The proceeds from the such sales shall be
deposited into in the Wildlife and Fish Fund in the State
treasury.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 805/805-300 new)
(was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
Sec. 805-300. Public accommodation, educational, and
service facilities. The Department has the power 63a21. to
develop and operate public accommodation, educational, and
service facilities on lands over which the Department has
jurisdiction, and to lease lands over which the Department
has jurisdiction to persons or public or private corporations
for a period not to exceed 99 years for the construction,
maintenance, and operation of public accommodation,
educational, and service facilities. Those Such public
accommodation, educational, and service facilities include,
but are not limited to, marinas, overnight housing
facilities, tent and trailer camping facilities, recreation
facilities, food service facilities, and similar
accommodations. With respect to lands leased from the federal
government or any agency of the federal government thereof,
the Department may sub-lease those such lands for a period
not to exceed the time of duration of the federal lease with
the same renewal options that are contained in the federal
lease. All such leases or sub-leases, for whatever period,
shall be made subject to the written approval of the
Governor.
(Source: P.A. 84-984.)
(20 ILCS 805/805-305 new)
(was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
Sec. 805-305. 63a23. Campsites and housing facilities.
The Department has the power to provide facilities for
overnight tent and trailer camp sites and to provide suitable
housing facilities for student and juvenile overnight camping
groups. The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to
showers or electricity, any Illinois resident who is age 62
or older or has a Class 2 disability as defined in Section 4A
of the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and
shall be charged the same camping fee as the general public
on all other days. For campsites without access to showers
or electricity, no camping fee authorized by this Section
shall be charged to any resident of Illinois who has a Class
2 disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is
age 62 or older for the use of a camp site unit during the
period Monday through Thursday of any week. No camping fee
authorized by this Section shall be charged to any resident
of Illinois who is a disabled veteran or a former prisoner of
war, as defined in Section 5 of the Department of Veterans
Affairs Act. Nonresidents shall be charged the same fees as
are authorized for the general public regardless of age. The
Department shall provide by regulation for suitable proof of
age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be
acceptable as proof of age. The Department shall further
provide by regulation that notice of these such reduced
admission fees be posted in a conspicuous place and manner.
Reduced fees authorized in this Section shall not apply
to any charge for utility service.
(Source: P.A. 88-91; 89-445, eff. 2-7-96.)
(20 ILCS 805/805-310 new)
(was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
Sec. 805-310. Lease of campsite facilities from State
Parks Revenue Bond Commission. The Department has the power
63a24. to lease from the State Parks Revenue Bond Commission
any facilities for overnight tent and trailer campsites
constructed by the Commission that the Department may
consider desirable or necessary for the efficient operation
of the State Parks System. The income collected from these
such operations shall be deposited in the State Parks Revenue
Bond Fund.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-315 new)
(was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
Sec. 805-315. Cash incentives for concession complexes.
The Department has the power 63a21.2. to offer a cash
incentive not to exceed 35% of the total documented costs to
a qualified bidder for the development, construction, and
supervision by the such bidder of any concession complex,
including but not limited to resort hotels, park lodges,
marinas, golf courses, recreational developments, and
ancillary or support facilities pertinent thereto, on any
property leased to or under the jurisdiction of the
Department; provided, however, that all contracts utilizing
the State cash incentive program pursuant to this Section
shall be subject to public bidding and to the written
approval of the Governor. Prior to approval by the Governor,
the Department shall give reasonable public notice and
conduct a public hearing in a community close to the proposed
project.
(Source: P.A. 85-699; 86-1189.)
(20 ILCS 805/805-320 new)
(was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
Sec. 805-320. Cash incentive for concession complex at
Fort Massac State Park. The Department has the power
63a21.3. to offer a cash incentive not to exceed $400,000,
excluding land value, to a qualified bidder for the
development, construction, and supervision by the such bidder
of a concession complex at Fort Massac State Park, including
but not limited to a water recreational park, recreational
developments, and ancillary or support facilities pertinent
thereto, on any property leased to or under the jurisdiction
of the Department; provided, however, that all contracts
utilizing the State cash incentive program pursuant to this
Section shall be subject to public bidding and to the written
approval of the Governor. Prior to approval by the Governor,
the Department shall give reasonable public notice and
conduct a public hearing in a community close to the proposed
project.
(Source: P.A. 84-1316.)
(20 ILCS 805/805-325 new)
(was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
Sec. 805-325. Public boat launching facilities;
artificial water impoundments. The Department has the power
63a25. to cooperate and contract with municipalities,
counties, or other local governmental units to construct and
operate public boat launching facilities on the public waters
of this State and to build roads and parking areas in
connection therewith and to participate with all such
governmental units in planning and constructing artificial
water impoundments for recreational purposes.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-330 new)
(was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
Sec. 805-330. Lease of concessions. The Department has
the power 63a14. to lease concessions on any property under
the jurisdiction of the Department of Natural Resources for a
period not exceeding 25 years. All such leases, for whatever
period, shall be made subject to the written approval of the
Governor. All concession leases executed after January 1,
1982, extending for a period in excess of 10 years, shall
will contain provisions for the Department to participate, on
a percentage basis, in the revenues generated by any
concession operation.
The Department of Natural Resources is authorized to
allow for provisions for a reserve account and a leasehold
account included within departmental concession lease
agreements for the purpose of setting aside revenues for the
maintenance, rehabilitation, repair, improvement, and
replacement of the concession facility, structure, and
equipment of the Department that of Natural Resources which
are a part of the leased premises.
The leasehold account shall allow for the amortization of
certain authorized expenses that are incurred by the
concession lessee, but that which are not an obligation of
the lessee under the terms and conditions of the lease
agreement. The Department of Natural Resources may allow a
reduction of up to 50% of the monthly rent due for the
purpose of enabling the recoupment of the lessee's authorized
expenditures during the term of the lease.
The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in the
lease, to be set aside and expended in a manner acceptable to
the Department by the concession lessee for the purpose of
ensuring that an appropriate amount of the lessee's monies
are provided by the lessee to satisfy the lessee's incurred
responsibilities for the operation of the concession facility
under the terms and conditions of the concession lease.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-335 new)
(was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
Sec. 805-335. 63a21.1. Fees. The Department has the
power to assess appropriate and reasonable fees for the use
of concession type facilities as well as other facilities and
sites under the jurisdiction of the Department of Natural
Resources. The Department may regulate, by rule, the fees to
be charged. The income collected shall be deposited into in
the State Parks Fund or Wildlife and Fish Fund depending on
the classification of the State managed facility involved.
(Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.)
(20 ILCS 805/805-400 new)
(was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
Sec. 805-400. Rental of watercraft. The Department has
the power 63a22. to provide rowboats and other watercraft for
daily rental at a reasonable fee at any of the State parks,
public hunting areas, public fishing areas, or other
properties of the Department of Natural Resources where those
such boating facilities are considered feasible.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-405 new)
(was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
Sec. 805-405. Sale of publications and craft items. The
Department has the power 63a30. to cooperate with private
organizations and agencies of the State of Illinois by
providing areas and the use of staff personnel where feasible
for the sale of publications on the natural and cultural
heritage of the State and craft items made by Illinois
craftsmen. The Such sales shall not conflict with existing
concession agreements. The Department is authorized to
negotiate with those such organizations and agencies for a
portion of the monies received from sales to be returned to
the Department's State Parks Fund for the furtherance of
interpretive and restoration programs.
(Source: P.A. 79-332; 79-847; 79-1454.)
(20 ILCS 805/805-410 new)
(was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
Sec. 805-410. Local bank accounts. The Department has
the power 63a32. to establish local bank or savings and loan
association accounts, upon the written authorization of the
Director, to temporarily hold income received at any of its
properties. Such Local accounts established pursuant to this
Section shall be in the name of the Department of Natural
Resources and shall be subject to regular audits. The
balance in a local bank or savings and loan association
account shall be forwarded to the Department of Natural
Resources for deposit with the State Treasurer on Monday of
each week if the amount to be deposited in a fund exceeds
$500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-420 new)
(was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
Sec. 805-420. Appropriations from Park and Conservation
Fund. The Department has the power 63a36. to expend monies
appropriated to the Department of Natural Resources from the
Park and Conservation Fund in the State treasury for
conservation and park purposes.
All revenue derived from fees paid for certificates of
title, duplicate certificates of title and corrected
certificates of title and deposited in the Park and
Conservation Fund, as provided for in Section 2-119 of the
Illinois Vehicle Code, shall be expended solely by the
Department of Natural Resources pursuant to an appropriation
for acquisition, development, and maintenance of bike paths,
including grants for the acquisition and development of bike
paths.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-425 new)
(was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
Sec. 805-425. Purchase of advertising. 63b2.3. The
Department of Natural Resources has the power and authority
to purchase advertising for the purpose of education programs
concerning conservation.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-430 new)
(was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
Sec. 805-430. Sale of advertising. 63b2.4. The
Department of Natural Resources has the power and authority
to sell or exchange advertising rights in its publications
and printed materials. The sale of advertising shall be
subject to the rules and regulations promulgated by the
Department. All income received from the sale of advertising
shall be deposited in the Wildlife and Fish Fund, except that
income received from advertising in State Park brochures
shall be deposited into the State Parks Fund and income
received from advertising in boating or snowmobile program
literature shall be deposited in the State Boating Act Fund.
(Source: P.A. 88-130; 89-445, eff. 2-7-96.)
(20 ILCS 805/805-435 new)
(was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
Sec. 805-435. Office of Conservation Resource Marketing.
63b2.5. The Department of Natural Resources shall maintain
an Office of Conservation Resource Marketing. The Office
shall conduct a program for marketing and promoting the use
of conservation resources in Illinois with emphasis on
recreation and tourism facilities. The Such Office shall
coordinate its tourism promotion efforts with local community
events and shall include a field staff which shall work with
the Department of Commerce and Community Affairs and local
officials to coordinate State and local activities for the
purpose of expanding tourism and local economies. The Office
shall develop, review, and coordinate brochures and
information pamphlets for promoting the use of conservation
resources. The Office shall conduct marketing research to
identify organizations and target populations that which can
be encouraged to use Illinois recreation facilities for group
events and the many tourist sites.
The Director of Natural Resources shall submit an annual
report to the Governor and the General Assembly summarizing
the Office's its activities and including its recommendations
for improving the Department's tourism promotion and
marketing programs for conservation resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-500 new)
(was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
Sec. 805-500. Transfer from Department of Public Works
and Buildings. The Department has the power 63a12. to
exercise the rights, powers, and duties vested by law in the
Department of Public Works and Buildings as the successor of
the following agencies, their officers and employees: the
Illinois Park Commission, the Lincoln Homestead trustees, and
the board of commissioners of and for the Lincoln Monument
grounds.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-505 new)
(was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
Sec. 805-505. Transfer from Illinois Bicentennial
Commission. The Department has the power 63a31. to exercise
the rights, powers, and duties of the Illinois Bicentennial
Commission under the "Illinois Bicentennial Commission Act",
approved August 2, 1972 (repealed), as amended. All books,
records, equipment, and other property held by or in the
custody of Illinois Bicentennial Commission shall be
transferred to the Department of Natural Resources (formerly
designated the Department of Conservation), which shall be
the successor agency to the Commission. Every person or
legal entity who entered into any agreement with the Illinois
Bicentennial Commission shall be subject to the same
obligations and duties and shall have the same rights as if
that person or legal entity had entered in the agreement with
the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-510 new)
(was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
Sec. 805-510. Public monuments and memorials. The
Department has the power 63a13. to erect, supervise, and
maintain all public monuments and memorials erected by the
State on properties under the jurisdiction of the Department
of Natural Resources, except when the supervision and
maintenance of a monument or memorial thereof is otherwise
provided by law. Under the power granted by this Section the
Department shall (i) provide a site in Rock Cut State Park
for the Winnebago County Vietnam Veterans' Memorial; and (ii)
allow the Vietnam Veterans' Honor Society to erect the
Memorial of an agreed design.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 805/805-515 new)
(was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
Sec. 805-515. Enforcement of laws and regulations. The
Department has the power 63a28. to enforce the laws of the
State and the rules and regulations of the Department in or
on any lands owned, leased, or managed by the Department and
any lands that are dedicated as a nature preserve or buffer
area under the "Illinois Natural Areas Preservation Act", as
now or hereafter amended.
(Source: P.A. 82-445.)
(20 ILCS 805/805-520 new)
(was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
Sec. 805-520. Operation of motorboats. The Department
has the power 63a11. to enforce the provisions of "An Act
regulating the operation of motorboats", approved July 18,
1947 (repealed).
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-525 new)
(was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
Sec. 805-525. Regulation of boats on lakes. The
Department has the power 63a15. to designate the size, type,
and kind of boats that may be used on lakes owned and
operated by the Department and to charge a reasonable annual
service, usage, or rental fee for the use of privately owned
boats on those such lakes.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-530 new)
(was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
Sec. 805-530. Agents' entry on lands and waters. 63a9.
The officers, employees, and agents of the Department of
Natural Resources, for the purposes of investigation and to
exercise the rights, powers, and duties vested and that may
be vested in it, may enter and cross all lands and waters in
this State, doing no damage to private property.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-535 new)
(was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
Sec. 805-535. Conservation Police Officers. 63b2.2. In
addition to the arrest powers prescribed by law, Conservation
Police Officers are conservators of the peace and as such
have all powers possessed by policemen, except that they may
exercise those such powers anywhere in this State.
Conservation Police Officers acting under the authority of
this Section are considered employees of the Department and
are subject to its direction, benefits, and legal protection.
(Source: P.A. 83-483.)
(20 ILCS 805/805-540 new)
(was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
Sec. 805-540. Enforcement of adjoining state's laws.
63b2.6. The Director of Natural Resources may grant
authority to the officers of any adjoining state who are
authorized and directed to enforce the laws of that state
relating to the protection of flora and fauna to take any of
the following actions and have the following powers within
the State of Illinois:
(1) To follow, seize, and return to the adjoining
state any flora or fauna or part thereof shipped or taken
from the adjoining state in violation of the laws of that
state and brought into this State.
(2) To dispose of any such flora or fauna or part
thereof under the supervision of an Illinois Conservation
Police Officer.
(3) To enforce as an agent of this State, with the
same powers as an Illinois Conservation Police Officer,
each of the following laws of this State:
(i) The Illinois Endangered Species Protection
Act.;
(ii) The Fish and Aquatic Life Code.;
(iii) The Wildlife Code.;
(iv) The Wildlife Habitat Management Areas
Act.;
(v) The Hunter Interference Prohibition Act.;
(vi) The Illinois Non-Game Wildlife Protection
Act.;
(vii) The Ginseng Harvesting Act.;
(viii) The State Forest Act.;
(ix) The Forest Products Transportation Act.;
(x) The Timber Buyers Licensing Act..
Any officer of an adjoining state acting under a power or
authority granted by the Director of Natural Resources
pursuant to this Section shall act without compensation or
other benefits from this State and without this State having
any liability for the acts or omissions of that officer.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1005/Art. 1005 heading new)
ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY
(20 ILCS 1005/1005-1 new)
Sec. 1005-1. Article short title. This Article 1005 of
the Civil Administrative Code of Illinois may be cited as the
Department of Employment Security Law.
(20 ILCS 1005/1005-5 new)
Sec. 1005-5. Definitions. In this Law:
"Department" means the Department of Employment Security.
"Director" means the Director of Employment Security.
(20 ILCS 1005/1005-10 new)
(was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
Sec. 1005-10. Powers, generally. 43a. The Department of
Employment Security has the powers enumerated in the
following Sections 43a.01 to 43a.12.
(Source: P.A. 84-1430.)
(20 ILCS 1005/1005-15 new)
(was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
Sec. 1005-15. Employment opportunities. The Department
has the power 43a.02. to advance opportunities for
profitable employment.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-20 new)
(was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
Sec. 1005-20. Statistical details of manufacturing
industries and commerce. The Department has the power
43a.04. to collect, collate, assort, systematize, and report
statistical details of the manufacturing industries and
commerce of the State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-25 new)
(was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
Sec. 1005-25. Labor information. The Department has the
power 43a.05. to acquire and diffuse useful information on
subjects connected with labor in the most general and
comprehensive sense of that word.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-30 new)
(was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
Sec. 1005-30. Statistical details relating to
departments of labor. The Department has the power 43a.03.
to collect, collate, assort, systematize, and report
statistical details relating to all departments of labor,
especially in its relation to commercial, industrial, social,
educational, and sanitary conditions, and to the permanent
prosperity of the manufacturing and productive industries.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-35 new)
(was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
Sec. 1005-35. General conditions of leading industries.
The Department has the power 43a.07. to acquire information
and report upon the general conditions, so far as production
is concerned, of the leading industries of the State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-40 new)
(was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
Sec. 1005-40. Conditions of employment. The Department
has the power 43a.08. to acquire and diffuse information as
to the conditions of employment, and such other facts that as
may be deemed of value to the industrial interests of the
State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-45 new)
(was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06)
Sec. 1005-45. Prosperity of laboring men and women. The
Department has the power 43a.06. to acquire and diffuse
among the people useful information concerning the means of
promoting the material, social, intellectual, and moral
prosperity of laboring men and women.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-50 new)
(was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
Sec. 1005-50. Welfare of wage earners. The Department
has the power 43a.11. to foster, promote, and develop the
welfare of wage earners.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-75 new)
(was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
Sec. 1005-75. Jobs for summer employment of youth. The
Department has the power 43a.12. to make available through
its the offices of the Department of Employment Security a
listing of all jobs available in each area for the summer
employment of youth.
(Source: P.A. 84-1430.)
(20 ILCS 1005/1005-100 new)
(was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
Sec. 1005-100. 43a.01. Public employment offices. The
Department has the power to exercise the rights, powers, and
duties vested by law in the general advisory board of public
employment offices, local advisory boards of public
employment offices, and other officers and employees of
public employment offices.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1005/1005-105 new)
(was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
Sec. 1005-105. 43a.09. Administration of Unemployment
Insurance Act. The Department has the power to administer the
provisions of the Unemployment Insurance Act insofar as those
provisions relate to the powers and duties of the Director of
the Department of Employment Security.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1005/1005-110 new)
(was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
Sec. 1005-110. Board of Review. 44a. The Board of Review
in the Department of Employment Security shall exercise all
powers and be subject to all duties conferred or imposed upon
the said Board by the provisions of the Unemployment
Insurance Compensation Act, enacted by the Sixtieth General
Assembly, and by all amendments thereto or modifications
thereof, in its own name, and without any direction,
supervision, or control by the Director of Employment
Security.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-115 new)
(was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
Sec. 1005-115. Transfer of lands to other State agency;
acquisition of federal lands. The Department has the power
43a.10. to transfer jurisdiction of any realty under the
control of the Department to any other department of the
State government, or to acquire or accept federal lands, when
the such transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-120 new)
(was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
Sec. 1005-120. Contracts for payment of compensation to
Department. The Department has the power 43a.13. to enter
into contracts that which may provide for payment of
negotiated royalties, licensing fees, or other compensation
to the Department.
(Source: P.A. 87-1178.)
(20 ILCS 1005/1005-130 new)
(was 20 ILCS 1005/43a.14)
Sec. 1005-130. 43a.14. Exchange of information for child
support enforcement.
(a) The Department has the power to exchange with the
Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in the Civil
Administrative this Code of Illinois to the contrary, the
Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under subsection (a) or for any
other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(20 ILCS 1005/1005-150 new)
(was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
Sec. 1005-150. Transfer from Department of Labor, Bureau
of Employment Security. 34.2. The Department of Employment
Security shall assume all rights, powers, duties, and
responsibilities of the Department of Labor, Bureau of
Employment Security as the successor to that Bureau. The
Bureau of Employment Security in the Department of Labor is
hereby abolished.
Personnel, books, records, papers, documents, property,
real and personal, unexpended appropriations, and pending
business in any way pertaining to the former Department of
Labor, Bureau of Employment Security are transferred to the
Department of Employment Security, but any rights of
employees or the State under the "Personnel Code" or any
other contract or plan shall be unaffected by this transfer
hereby. No rule or regulation promulgated by the Department
of Labor pursuant to an exercise of any right, power, duty,
or responsibility transferred to the Department of Employment
Security shall be affected by this amendatory Act of 1984,
and all those such rules and regulations shall become the
rules and regulations of the Department of Employment
Security.
(Source: P.A. 83-1503.)
(20 ILCS 1405/Art. 1405 heading new)
ARTICLE 1405. DEPARTMENT OF INSURANCE
(20 ILCS 1405/1405-1 new)
Sec. 1405-1. Article short title. This Article 1405 of
the Civil Administrative Code of Illinois may be cited as the
Department of Insurance Law.
(20 ILCS 1405/1405-5 new)
(was 20 ILCS 1405/56) (from Ch. 127, par. 56)
Sec. 1405-5. General powers. 56. The Department of
Insurance has the following powers shall have power:
(1) 1. To exercise the rights, powers, and duties
vested by law in the insurance superintendent and the
superintendent's, his officers and employees. employes;
(2) 2. To exercise the rights, powers, and duties
that which have been vested by law in the Department of
Trade and Commerce as the successor of the insurance
superintendent and the superintendent's, his officers and
employees. employes;
(3) 3. To exercise the rights, powers, and duties
heretofore vested by law in the Department of Trade and
Commerce, or in the Director of Trade and Commerce, by:
(A) all laws in relation to insurance; and
(B) Article 22 of the "Illinois Pension
Code.", approved March 18, 1963, as amended;
(4) 4. To execute and administer all laws
heretofore or hereafter enacted, relating to insurance.
(5) 5. To transfer jurisdiction of any realty under
the control of the Department to any other department of
the State Government, or to acquire or accept federal
lands, when the such transfer, acquisition, or acceptance
is advantageous to the State and is approved in writing
by the Governor.
(Source: P.A. 83-333.)
(20 ILCS 1405/1405-10 new)
(was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
Sec. 1405-10. 56.1. Child health insurance plan study.
The Department of Insurance shall cooperate with and provide
consultation to the Department of Public Health in studying
the feasibility of a child health insurance plan as provided
in Section 2310-275 55.61 of the Department of Public Health
Powers and Duties Law (20 ILCS 2310/2310-275) this Code.
(Source: P.A. 87-252.)
(20 ILCS 1405/1405-15 new)
(was 20 ILCS 1405/56.2)
Sec. 1405-15. 56.2. Senior citizen assistance and
information program.
(a) The Department of Insurance shall administer and
operate a program to provide assistance and information to
senior citizens in relation to insurance matters. The
program may include, but is not limited to, counseling for
senior citizens in the evaluation, comparison, or selection
of Medicare options, Medicare supplement insurance, and
long-term care insurance.
(b) The Department shall recruit and train volunteers to
provide the following:
(i) one-on-one counseling on insurance matters; and
(ii) education on insurance matters to senior
citizens through public forums.
(c) The Department shall solicit the volunteers for
their input and advice on the success and accessibility of
the program.
(d) The Department shall strive to assure that all
seniors residing in Illinois have access to the program.
(e) The Department of Insurance may promulgate
reasonable rules necessary to implement this Section.
(Source: P.A. 89-224, eff. 1-1-96.)
(20 ILCS 1505/Art. 1505 heading new)
ARTICLE 1505. DEPARTMENT OF LABOR
(20 ILCS 1505/1505-1 new)
Sec. 1505-1. Article short title. This Article 1505 of
the Civil Administrative Code of Illinois may be cited as the
Department of Labor Law.
(20 ILCS 1505/1505-5 new)
Sec. 1505-5. Definition. In this Law, "Department"
means the Department of Labor.
(20 ILCS 1505/1505-10 new)
(was 20 ILCS 1505/43) (from Ch. 127, par. 43)
Sec. 1505-10. Powers, generally. 43. The Department of
Labor has the powers enumerated in the following Sections
43.01 to 43.21, each inclusive.
(Source: P.A. 86-610.)
(20 ILCS 1505/1505-15 new)
(was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
Sec. 1505-15. Welfare of wage earners. The Department
has the power 43.07. to foster, promote, and develop the
welfare of wage earners.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-20 new)
(was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
Sec. 1505-20. Prosperity of laboring men and women;
progress of women and minorities.
(a) The Department has the power 43.13. to acquire and
diffuse among the people useful information concerning the
means of promoting the material, social, intellectual, and
moral prosperity of laboring men and women.
(b) The Department shall monitor the employment progress
of women and minorities in the work force, including access
to the public sector, the private sector, labor unions, and
collective bargaining units. This information shall be
provided to the General Assembly in the form of an annual
report no later than April 1 of each year.
(Source: P.A. 87-405.)
(20 ILCS 1505/1505-25 new)
(was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
Sec. 1505-25. Opportunities for profitable employment.
The Department has the power 43.09. to advance opportunities
for profitable employment.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-30 new)
(was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
Sec. 1505-30. Improving working conditions. The
Department has the power 43.08. to improve working
conditions.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-35 new)
(was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
Sec. 1505-35. Statistical details relating to
departments of labor. The Department has the power 43.10. to
collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in
its relation to commercial, industrial, social, educational,
and sanitary conditions, and to the permanent prosperity of
the manufacturing and productive industries.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-40 new)
(was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
Sec. 1505-40. Information on subjects connected with
labor. The Department has the power 43.12. to acquire and
diffuse useful information on subjects connected with labor
in the most general and comprehensive sense of that word.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-45 new)
(was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
Sec. 1505-45. Migrant agricultural labor. The
Department has the power 43.15a. to study the nature and
extent of the labor and employment problems of migrant
agricultural labor, with particular attention to its
differences from the problems of resident agricultural labor.
(Source: P.A. 77-1734.)
(20 ILCS 1505/1505-50 new)
(was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
Sec. 1505-50. Prevention of accidents and occupational
diseases. The Department has the power 43.16 to acquire and
diffuse information in relation to the prevention of
accidents, occupational diseases, and other related subjects.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-120 new)
(was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
Sec. 1505-120. Act in relation to payment of wages. The
Department has the power 43.17. to exercise the rights,
powers, and duties vested by law in the Department of Labor
under "An Act in relation to the payment of wages due
employees from their employers in certain cases, to provide
for the enforcement thereof through the Department of Labor,
and to prescribe penalties for the violation thereof",
approved July 9, 1937 (repealed), as amended.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-150 new)
(was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
Sec. 1505-150. Complaints by child care facility
employees. The Department has the power 43.20. to
investigate complaints, hold hearings, make determinations,
and take other actions with respect to complaints against
employers filed by employees of child care facilities
pursuant to Section 7.2 of the Child Care Act of 1969.
(Source: P.A. 85-987.)
(20 ILCS 1505/1505-200 new)
(was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
Sec. 1505-200. Criminal history record information.
43.21. Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) "The Civil Administrative Code of
Illinois", the Department of State Police is authorized to
furnish, pursuant to positive identification, any such
information contained in State files that as is necessary to
fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 1710/Art. 1710 heading new)
ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES
(AS SUCCESSOR TO DEPARTMENT OF
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
(20 ILCS 1710/1710-1 new)
Sec. 1710-1. Article short title. This Article 1710 of
the Administrative Code of Illinois may be cited as the
Department of Human Services (Mental Health and Developmental
Disabilities) Law.
(20 ILCS 1710/1710-5 new)
Sec. 1710-5. Definitions. In this Law:
"Department" means the Department of Human Services.
"Secretary" means the Secretary of Human Services.
(20 ILCS 1710/1710-10 new)
(was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
127, par. 53)
Sec. 1710-10. Powers, generally. 53. (a) The Department
of Human Services has the powers described in Sections
1710-15, 1710-20, 1710-25, and 1710-100. power:
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-15 new)
(was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
53)
Sec. 1710-15. Mental Health and Developmental
Disabilities Administrative Act. The Department has the power
1. to exercise the powers and duties set forth in the Mental
Health and Developmental Disabilities Administrative Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-20 new)
(was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
127, par. 53)
Sec. 1710-20. Mental Health and Developmental
Disabilities Code.
(a) The Department has the power 2. to administer the
provisions of the Mental Health and Developmental
Disabilities Code that which pertain to the responsibilities
of the Department of Human Services.
(b) The Department has the power 4. to initiate
injunction proceedings wherever it appears to the Secretary
of Human Services that any person, group of persons, or
corporation is engaged or about to engage in any acts or
practices that which constitute or will constitute a
violation of the Mental Health and Developmental Disabilities
Code or any rule or regulation prescribed under authority of
that Code thereof. The Secretary of Human Services may, in
his or her discretion, through the Attorney General, file a
complaint and apply for an injunction, and upon a proper
showing, any circuit court may issue a permanent or
preliminary injunction or a temporary restraining order
without bond to enforce that Code, rule, or regulation such
Acts in addition to the penalties and other remedies provided
in that Code, rule, or regulation. such Acts and Either party
may appeal as in other civil cases.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-25 new)
(was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
53)
Sec. 1710-25. Escaped Inmate Damages Act. The Department
has the power 3. to exercise the powers and fulfill the
duties assigned the Department by the Escaped Inmate Damages
Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-30 new)
(was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
Sec. 1710-30. Specialized living centers. 53a. The
Department of Human Services shall exercise the powers and
perform the functions and duties as prescribed in the
Specialized Living Centers Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-50 new)
(was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
53)
Sec. 1710-50. Security force. The Department has the
power 5. to appoint, subject to the Personnel Code, members
of a security force who shall be authorized to transport
recipients between Department facilities or other locations,
search for and attempt to locate and transport missing
recipients, enforce Section 47 of the Mental Health and
Developmental Disabilities Administrative Act, and perform
other required duties. The director of a mental health or
developmental disability facility shall have authority to
direct security forces. This authorization shall remain in
effect even if security forces are transporting recipients
across county or State boundaries. Security forces
performing their duties shall be indemnified as provided
under the State Employee Indemnification Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-75 new)
(was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
53)
Sec. 1710-75. Criminal history record information.
(b) Whenever the Department is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois, the Department of State Police is authorized to
furnish, pursuant to positive identification, the such
information contained in State files that as is necessary to
fulfill the request.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-100 new)
(was 20 ILCS 1710/53d)
Sec. 1710-100. Grants to Illinois Special Olympics. 53d.
The Department of Human Services shall make grants to the
Illinois Special Olympics for area and statewide athletic
competitions from appropriations to the Department from the
Illinois Special Olympics Checkoff Fund, a special fund
created in the State treasury.
(Source: P.A. 88-459; 89-507, eff. 7-1-97.)
(20 ILCS 1905/Art. 1905 heading new)
ARTICLE 1905. DEPARTMENT OF NATURAL
RESOURCES (MINES AND MINERALS)
(20 ILCS 1905/1905-1 new)
Sec. 1905-1. Article short title. This Article 1905 of
the Civil Administrative Code of Illinois may be cited as the
Department of Natural Resources (Mines and Minerals) Law.
(20 ILCS 1905/1905-5 new)
Sec. 1905-5. Definition. In this Law, "Department" means
the Department of Natural Resources.
(20 ILCS 1905/1905-10 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-10. Powers, generally. 45. The Department has
the powers described in Sections 1905-15, 1905-20, 1905-25,
1905-30, 1905-40, 1905-45, 1905-50, 1905-90, 1905-100, and
1905-200. of Natural Resources shall have power:
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-15 new)
(was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
Sec. 1905-15. Mine accidents. The Department has the
power 1. to acquire and diffuse information concerning the
nature, causes, and prevention of mine accidents.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-20 new)
(was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
Sec. 1905-20. Mine methods, conditions, and equipment.
The Department has the power 2. to acquire and diffuse
information concerning the improvement of methods,
conditions, and equipment of mines, with special reference to
health, safety, and conservation of mineral resources.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-25 new)
(was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
Sec. 1905-25. Economic conditions affecting mineral
industries. The Department has the power 3. to make
inquiries into the economic conditions affecting the mining,
quarrying, metallurgical, clay, oil, and other mineral
industries.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-30 new)
(was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
Sec. 1905-30. Technical efficiency of persons working in
mines. The Department has the power 4. to promote the
technical efficiency of all persons working in and about the
mines of the State, and to assist them better to overcome the
increasing difficulties of mining, and for that purpose to
provide bulletins, traveling libraries, lectures,
correspondence work, classes for systematic instruction, or
meetings for the reading and discussion of papers, and to
that end to cooperate with the University of Illinois.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-35 new)
(was 20 ILCS 1905/47)
Sec. 1905-35. 47. Coal quality testing program. The
Department's Department of Natural Resources' analytical
laboratory is authorized to test the quality of coal
delivered under State coal purchase contracts. The
Department shall establish, by rule, the fee charged to
defray the costs of this coal quality testing program.
(Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-40 new)
(was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45)
Sec. 1905-40. Use of coal combustion by-products. The
Department has the power 10. to foster the utilization of
coal combustion by-products for the benefaction of soils in
the reclamation of previously surface-mined areas and in the
stabilization of final cuts, in the stabilization of
underground mined-out areas to mitigate subsidence of surface
lands, and in the reduction of acid mine drainage.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-45 new)
(was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45)
Sec. 1905-45. Violations of Act concerning use of
Illinois coal. The Department has the power 5. to
investigate violations of "An Act concerning the use of
Illinois mined coal in certain plants and institutions,",
filed July 13, 1937 (repealed), and to institute proceedings
for the prosecution of violators of that Act thereof in
circuit courts.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-50 new)
(was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par.
45)
Sec. 1905-50. Violations of Coal Mining Act.
(a) The Department has the power 7. to investigate
violations of the Coal Mining Act and regulations issued
pursuant to that Act; to institute criminal proceedings for
prosecution of such a violation; and to institute civil
actions for relief, including applications for temporary
restraining orders and preliminary and permanent injunctions,
or any other appropriate action to enforce any order, notice,
or decision of the Director, the Mining Board, the Department
of Natural Resources, or the Director of the Office of Mines
and Minerals.
(b) The Department has the power 8. to call or subpoena
witnesses, documents, or other evidence for the purpose of
conducting hearings pursuant to the Illinois Coal Mining Act
and to administer oaths and compensate witnesses pursuant to
that Act such statutes made and provided.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-75 new)
(was 20 ILCS 1905/46) (from Ch. 127, par. 46)
Sec. 1905-75. Permits for diesel powered equipment or
explosives in underground coal mines. 46. During the period
commencing with the effective date of this amendatory Act and
ending January 1, 1986, the Department shall not issue any
new permits allowing the use of diesel powered equipment or
explosives while persons are working in any underground coal
mine, except that mines presently using such diesel equipment
or explosives shall not be prohibited from continuing that
such use. Nothing in this Section shall be interpreted or
construed so as to prohibit the use of compressed air as an
explosive in any underground coal mine.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-90 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-90. State Mining Board. Any statute that which
by its terms is to be administered by the State Mining Board
shall be administered by the Board without any direction,
supervision, or control by the Director of Natural Resources
or the Director of the Office of Mines and Minerals, except
that which the Director of the Office may exercise by virtue
of being a member of the Board and except as may be provided
in the statute.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-100 new)
(was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45)
Sec. 1905-100. Public inspection of records. The
Department has the power 9. to make all records of the
Department open for inspection by interested persons and the
public.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-105 new)
(was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2)
Sec. 1905-105. Proof of records in legal proceedings; fee
for certification. 45.2. The papers, entries, and records of
the Department of Natural Resources or parts thereof may be
proved in any legal proceeding by a copy thereof certified
under the signature of the keeper thereof in the name of the
Department with a seal of the Department attached. A fee of
$1.00 shall be paid to the Department of Natural Resources
for the such certification.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-110 new)
(was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1)
Sec. 1905-110. Verified documents; penalty for fraud.
45.1. Applications and other documents filed for the purpose
of obtaining permits, certificates, or other licenses under
Acts administered by the Department of Natural Resources
shall be verified or contain written affirmation that they
are signed under the penalties of perjury. A person who
knowingly signs a fraudulent document commits perjury as
defined in Section 32-2 of the Criminal Code of 1961 and for
the purpose of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-150 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-150. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of the Department of State Police Law (20 ILCS
2605/2605-400) "The Civil Administrative Code of Illinois",
the Department of State Police is authorized to furnish,
pursuant to positive identification, the such information
contained in State files that as is necessary to fulfill the
request.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-200 new)
(was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45)
Sec. 1905-200. Transfer of realty to other State agency;
acquisition of federal lands. The Department has the power
6. to transfer jurisdiction of any realty under the control
of the Department to any other department of the State
government, or to acquire or accept federal lands, when the
such transfer, acquisition, or acceptance is advantageous to
the State and is approved in writing by the Governor.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 2005/Art. 2005 heading new)
ARTICLE 2005. DEPARTMENT OF NUCLEAR SAFETY
(20 ILCS 2005/2005-1 new)
Sec. 2005-1. Article short title. This Article 2005 of
the Civil Administrative Code of Illinois may be cited as the
Department of Nuclear Safety Law.
(20 ILCS 2005/2005-5 new)
Sec. 2005-5. Definitions. In this Law:
"Department" means the Department of Nuclear Safety.
"Director" means the Director of Nuclear Safety.
(20 ILCS 2005/2005-10 new)
(was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par.
63b17)
Sec. 2005-10. Powers vested in Department of Public
Health 71. Department powers. A. The Department of Nuclear
Safety shall exercise, administer, and enforce all rights,
powers, and duties vested in the Department of Public Health
by the following named Acts or Sections of those Acts
thereof:
(1)1. The Radiation Installation Act.
(2)2. The Radiation Protection Act of 1990.
(3)3. The Radioactive Waste Storage Act.
(4)4. The Personnel Radiation Monitoring Act.
(5)5. The Laser System Act of 1997.
(6)6. The Illinois Nuclear Safety Preparedness Act.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-15 new)
(was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par.
63b17)
Sec. 2005-15. Powers relating to Commission on Atomic
Energy. B. All the rights, powers, and duties vested in the
Director of Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers and duties
of the Commission, and making an appropriation therefor",
effective September 10, 1971 (repealed), as amended, are
transferred to the Director of Nuclear Safety. The Director
of Nuclear Safety, after December 3, 1980 (the effective date
of Public this amendatory Act 81-1516) of 1980, shall serve
as an ex officio member of the Illinois Commission on Atomic
Energy in the place and stead of the Director of Public
Health.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-20 new)
(was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par.
63b17)
Sec. 2005-20. Nuclear and radioactive materials
disposal. H. The Department of Nuclear Safety shall
formulate a comprehensive plan regarding disposal of nuclear
and radioactive materials in this State. The Department
shall establish minimum standards for disposal sites, shall
evaluate and publicize potential effects on the public health
and safety, and shall report to the Governor and General
Assembly all violations of the adopted standards. In
carrying out this function, the Department of Nuclear Safety
shall work in cooperation with the Illinois Commission on
Atomic Energy and the Radiation Protection Advisory Council.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-25 new)
(was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par.
63b17)
Sec. 2005-25. Radiation sources; radioactive waste
disposal. E. The Department of Nuclear Safety, in lieu of
the Department of Public Health, shall register, license,
inspect, and control radiation sources, and shall purchase,
lease, accept, or acquire lands, buildings, and grounds where
radioactive wastes can be disposed, and shall to supervise
and regulate the operation of the disposal sites.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-30 new)
(was 20 ILCS 2005/72) (from Ch. 127, par. 63b18)
Sec. 2005-30. Nuclear waste sites. 72.
(a) The Department of Nuclear Safety shall conduct a
survey and prepare and publish a list of sites in the State
where nuclear waste has been deposited, treated, or stored.
(b) The Department shall monitor nuclear waste
processing, use, handling, storage, and disposal practices in
the State, and shall determine existing and expected rates of
production of nuclear wastes.
(c) The Department shall compile and make available to
the public an annual report identifying the types and
quantities of nuclear waste generated, stored, treated, or
disposed of within this State and containing the other
information required to be collected under this Section.
(Source: P.A. 83-906.)
(20 ILCS 2005/2005-35 new)
(was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par.
63b17)
Sec. 2005-35. Boiler and pressure vessel safety. C. The
Department of Nuclear Safety shall exercise, administer, and
enforce all of the following rights, powers, and duties:
(1) Rights, powers, and duties 1. vested in the
Office of the State Fire Marshal by the Boiler and
Pressure Vessel Safety Act, to the extent the rights,
powers, and duties relate to nuclear steam-generating
facilities.
(2) Rights, powers, and duties 2. As relating to
nuclear steam-generating facilities, vested in the Board
of Boiler and Pressure Vessel Rules by the Boiler and
Pressure Vessel Safety Act, which include includes but
are not limited to the formulation of definitions, rules,
and regulations for the safe and proper construction,
installation, repair, use, and operation of nuclear
steam-generating facilities, the adoption of rules for
already installed nuclear steam-generating facilities,
the adoption of rules for accidents in nuclear
steam-generating facilities, the examination for or
suspension of inspectors' licenses of the facilities, and
the hearing of appeals from decisions relating to the
facilities.
(3) Rights, powers, and duties 3. As relating to
nuclear steam-generating facilities, vested in the State
Fire Marshal or the Chief Inspector by the Boiler and
Pressure Vessel Safety Act, which include but are not
limited to the employment of inspectors of nuclear
steam-generating facilities, issuance or suspension of
their commissions, prosecution of the Act or rules
promulgated thereunder for violations by nuclear
steam-generating facilities, maintenance of inspection
records of all the facilities, publication of rules
relating to the facilities, having free access to the
facilities, issuance of inspection certificates of the
facilities, and the furnishing of bonds conditioned upon
the faithful performance of their duties. The Director
of Nuclear Safety may designate a Chief Inspector, or
other inspectors, as he or she deems necessary to perform
the functions transferred by this Section subsection C.
The transfer of rights, powers, and duties specified in
the immediately preceding paragraphs (1), (2), and (3) 1, 2,
and 3 is limited to the program transferred by Public this
amendatory Act 81-1516 of 1980 and shall not be deemed to
abolish or diminish the exercise of those same rights,
powers, and duties by the Office of the State Fire Marshal,
the Board of Boiler and Pressure Vessel Rules, the State Fire
Marshal, or the Chief Inspector with respect to programs
retained by the Office of the State Fire Marshal.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-40 new)
(was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par.
63b17)
Sec. 2005-40. Powers vested in Environmental Protection
Agency. D. The Department of Nuclear Safety shall exercise,
administer, and enforce all rights, powers, and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
and by Sections 30 through 45 30-45 inclusive of the
Environmental Protection Act, to the extent that these powers
relate to standards of the Pollution Control Board adopted
under subsection K of this Section 2005-45. The transfer of
rights, powers, and duties specified in this Section
paragraph is limited to the program transferred by Public
this amendatory Act 81-1516 of 1980 and shall not be deemed
to abolish or diminish the exercise of those same rights,
powers, and duties by the Environmental Protection Agency
with respect to programs retained by the Environmental
Protection Agency.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-45 new)
(was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par.
63b17)
Sec. 2005-45. Pollution Control Board regulations
concerning nuclear plants. K. The Department of Nuclear
Safety shall enforce the regulations promulgated by the
Pollution Control Board under Section 25b of the
Environmental Protection Act. Under these regulations the
Department shall require that a person, corporation, or
public authority intending to construct a nuclear
steam-generating facility or a nuclear fuel reprocessing
plant file with the Department an environmental feasibility
report that incorporates the data provided in the preliminary
safety analysis required to be filed with the United States
Nuclear Regulatory Commission.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-50 new)
(was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par.
63b17)
Sec. 2005-50. Regulation of nuclear safety. J. The
Department of Nuclear Safety shall have primary
responsibility for the coordination and oversight of all
State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, and transportation of nuclear
waste. Functions performed on December 3, 1980 (the
effective date of Public this amendatory Act 81-1516) of 1980
by the Department of State Police, the Department of
Transportation, and the Illinois Emergency Management Agency
in the area of nuclear safety may continue to be performed by
these agencies but under the direction of the Department of
Nuclear Safety. All other governmental functions regulating
nuclear safety shall be coordinated by Department of Nuclear
Safety.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-55 new)
(was 20 ILCS 2005/71, subsec. L) (from Ch. 127, par.
63b17)
Sec. 2005-55. Personnel transferred. L. Personnel
previously assigned to the programs transferred from the
Department of Public Health and the Office of the State Fire
Marshal are hereby transferred to the Department of Nuclear
Safety. The rights of the employees, the State, and
executive agencies under the Personnel Code, or any
collective bargaining agreement, or under any pension,
retirement, or annuity plan shall not be affected by Public
this amendatory Act 81-1516 of 1980.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-60 new)
(was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par.
63b17)
Sec. 2005-60. Records and property transferred. M. All
books, records, papers, documents, property (real or
personal), unexpended appropriations, and pending business in
any way pertaining to the rights, powers, and duties
transferred by Public this amendatory Act 81-1516 of 1980
shall be delivered and transferred to the Department of
Nuclear Safety.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-65 new)
(was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par.
63b17)
Sec. 2005-65. Nuclear accident plan. F. The Department
of Nuclear Safety shall have primary responsibility to
formulate a comprehensive emergency preparedness and response
plan for any nuclear accident, and shall develop such a plan
in cooperation with the Illinois Emergency Management Agency.
The Department of Nuclear Safety shall also train and
maintain an emergency response team.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-70 new)
(was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par.
63b17)
Sec. 2005-70. Nuclear and radioactive materials
transportation plan. G. The Department of Nuclear Safety
shall formulate a comprehensive plan regarding the
transportation of nuclear and radioactive materials in
Illinois. The Department shall have primary responsibility
for all State governmental regulation of the transportation
of nuclear and radioactive materials, insofar as the
regulation pertains to the public health and safety. This
responsibility shall include but not be limited to the
authority to oversee and coordinate regulatory functions
performed by the Department of Transportation, the Department
of State Police, and the Illinois Commerce Commission.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-75 new)
(was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par.
63b17)
Sec. 2005-75. State nuclear power policy. I. The
Department of Nuclear Safety, in cooperation with the
Department of Natural Resources, shall study (i) (a) the
impact and cost of nuclear power and compare these to the
impact and cost of alternative sources of energy, (ii) (b)
the potential effects on the public health and safety of all
radioactive emissions from nuclear power plants, and (iii)
(c) all other factors that bear on the use of nuclear power
or on nuclear safety. The Department shall formulate a
general nuclear policy for the State based on the findings of
the study. The policy shall include but not be limited to
the feasibility of continued use of nuclear power, effects of
the use of nuclear power on the public health and safety,
minimum acceptable standards for the location of any future
nuclear power plants, and rules and regulations for the
reporting by public utilities of radioactive emissions from
power plants. The Department shall establish a reliable
system for communication between the public and the
Department and for dissemination of information by the
Department. The Department shall publicize the findings of
all studies and make the publications reasonably available to
the public.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-80 new)
(was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par.
63b17)
Sec. 2005-80. Data available to Department of Public
Health. N. All files, records, and data gathered by or under
the direction or authority of the Director under the Civil
Administrative Code of Illinois this Act shall be made
available to the Department of Public Health under the
Illinois Health and Hazardous Substances Registry Act.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-85 new)
(was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par.
63b17)
Sec. 2005-85. No accreditation, certification, or
registration if in default on educational loan. O. The
Department shall not issue or renew to any individual any
accreditation, certification, or registration (but excluding
registration under the Radiation Installation Act) otherwise
issued by the Department if the individual has defaulted on
an educational loan guaranteed by the Illinois Student
Assistance Commission; however, the Department may issue or
renew an accreditation, certification, or registration if the
individual has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
Additionally, any accreditation, certification, or
registration issued by the Department (but excluding
registration under the Radiation Installation Act) may be
suspended or revoked if the Department, after the opportunity
for a hearing under the appropriate accreditation,
certification, or registration Act, finds that the holder has
failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan.
For purposes of this Section, "satisfactory repayment record"
shall be defined by rule.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2105/Art. 2105 heading new)
ARTICLE 2105. DEPARTMENT OF
PROFESSIONAL REGULATION
(20 ILCS 2105/2105-1 new)
Sec. 2105-1. Article short title. This Article 2105 of
the Civil Administrative Code of Illinois may be cited as the
Department of Professional Regulation Law.
(20 ILCS 2105/2105-5 new)
(was 20 ILCS 2105/60b) (from Ch. 127, par. 60b)
Sec. 2105-5. Definitions.
(a) In this Law:
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
(b) Sec. 60b. In the construction of Sections 2105-10,
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, and 2105-325 60, 60a, 60b, 60c, 60d, 60e,
60f, 60g, 60h, 60i, 60j, 60k, and 60L, the following
definitions shall govern unless the context otherwise clearly
indicates:.
"Department" shall mean the Department of Professional
Regulation.
"Registrant" shall mean a person who holds or claims to
hold a certificate as defined herein.
"Certificate" shall mean a license, certificate of
registration, permit or other authority purporting to be
issued or conferred by the department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation or operation of which the
department has jurisdiction.
"Board" means shall mean the board of persons designated
for a profession, trade, or occupation under the provisions
of any Act now or hereafter in force whereby the jurisdiction
of that such profession, trade, or occupation is devolved on
the Department.
"Certificate" means a license, certificate of
registration, permit, or other authority purporting to be
issued or conferred by the Department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation, or operation of which the
Department has jurisdiction.
"Registrant" means a person who holds or claims to hold a
certificate.
(Source: P.A. 85-225.)
(20 ILCS 2105/2105-10 new)
(was 20 ILCS 2105/61d)
Sec. 2105-10. 61d. Legislative declaration of public
policy. The practice of the regulated professions, trades,
and occupations in Illinois is hereby declared to affect the
public health, safety, and welfare of the People of this
State and in the public interest is subject to regulation and
control by the Department of Professional Regulation.
It is further declared to be a matter of public interest
and concern that standards of competency and stringent
penalties for those who violate the public trust be
established to protect the public from unauthorized or
unqualified persons representing one of the regulated
professions, trades, or occupations; and to that end, the
General Assembly shall appropriate the necessary funds for
the ordinary and necessary expenses of these public interests
and concerns as they may exceed the funding available from
the revenues collected from the fees and fines from the
regulated professions, trades, and occupations.
(Source: P.A. 89-204, eff. 1-1-96.)
(20 ILCS 2105/2105-15 new)
(was 20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 2105-15. General 60. powers and duties.
(a) The Department has of Professional Regulation shall
have, subject to the provisions of the Civil Administrative
Code of Illinois this Act, the following powers and duties:
(1) 1. To authorize examinations in English to
ascertain the qualifications and fitness of applicants to
exercise the profession, trade, or occupation for which
the examination is held.
(2) 2. To prescribe rules and regulations for a
fair and wholly impartial method of examination of
candidates to exercise the respective professions,
trades, or occupations.
(3) 3. To pass upon the qualifications of
applicants for licenses, certificates, and authorities,
whether by examination, by reciprocity, or by
endorsement.
(4) 4. To prescribe rules and regulations defining,
for the respective professions, trades, and occupations,
what shall constitute a school, college, or university,
or department of a university, or other institution
institutions, reputable and in good standing, and to
determine the reputability and good standing of a school,
college, or university, or department of a university, or
other institution, reputable and in good standing, by
reference to a compliance with those such rules and
regulations;: provided, that no school, college, or
university, or department of a university, or other
institution that refuses admittance to applicants solely
on account of race, color, creed, sex, or national origin
shall be considered reputable and in good standing.
(5) 5. To conduct hearings on proceedings to
revoke, suspend, refuse to renew, place on probationary
status, or take other disciplinary action as may be
authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or
authorities of persons exercising the respective
professions, trades, or occupations, and to revoke,
suspend, refuse to renew, place on probationary status,
or take other disciplinary action as may be authorized in
any licensing Act administered by the Department with
regard to those such licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any
license or renewal authorized by the Civil Administrative
Code of Illinois this Act to any person who has defaulted
on an educational loan or scholarship provided by or
guaranteed by the Illinois Student Assistance Commission
or any governmental agency of this State; however, the
Department may issue a license or renewal if the
aforementioned persons have established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental
agency of this State. Additionally, beginning June 1,
1996, any license issued by the Department may be
suspended or revoked if the Department, after the
opportunity for a hearing under the appropriate licensing
Act, finds that the licensee has failed to make
satisfactory repayment to the Illinois Student Assistance
Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record"
shall be defined by rule. The Department shall refuse to
issue or renew a license to, or shall suspend or revoke a
license of, any person who, after receiving notice, fails
to comply with a subpoena or warrant relating to a
paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance
with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois
this Act to a person who is certified by the Illinois
Department of Public Aid as being more than 30 days
delinquent in complying with a child support order.; The
Department may, however, issue a license or renewal if
the person has established a satisfactory repayment
record as determined by the Illinois Department of Public
Aid. The Department may implement this paragraph as
added by Public Act 89-6 through the use of emergency
rules in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) 6. To transfer jurisdiction of any realty under
the control of the Department to any other department of
the State Government, or to acquire or accept federal
lands, when the such transfer, acquisition, or acceptance
is advantageous to the State and is approved in writing
by the Governor.
(7) 7. To formulate rules and regulations as may be
necessary for the enforcement of any Act administered by
the Department.
(8) 8. To exchange with the Illinois Department of
Public Aid information that may be necessary for the
enforcement of child support orders entered pursuant to
the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any
person for any disclosure of information to the Illinois
Department of Public Aid under this paragraph (8) 8 or
for any other action taken in good faith to comply with
the requirements of this paragraph (8) 8.
(9) 9. To perform such other duties as may be
prescribed by law.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department, to the Department of
Central Management Services for deposit into in the Paper and
Printing Revolving Fund., The remainder shall be deposited
into in the General Revenue Fund.
(c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend such sums from the Professional Regulation
Evidence Fund that as the Director deems necessary from the
amounts appropriated for that purpose. Those and such sums
may be advanced to the agent when the Director deems that
such procedure to be in the public interest. Sums for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities and other
activities as set forth in this Section shall be advanced to
the agent who is to make the such purchase from the
Professional Regulation Evidence Fund on vouchers signed by
the Director. The Director and those such agents are
authorized to maintain one or more commercial checking
accounts with any State banking corporation or corporations
organized under or subject to the Illinois Banking Act for
the deposit and withdrawal of moneys to be used for the
purposes set forth in this Section; provided, that no check
may be written nor any withdrawal made from any such account
except upon the written signatures of 2 persons designated by
the Director to write those such checks and make those such
withdrawals. Vouchers for those such expenditures must be
signed by the Director. and All such expenditures shall be
audited by the Director, and the audit shall be submitted to
the Department of Central Management Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois, the Department of State Police is authorized to
furnish, pursuant to positive identification, the such
information contained in State files that as is necessary to
fulfill the request.
(e) The provisions of this Section do not apply to
private business and vocational schools as defined by Section
1 of the Private Business and Vocational Schools Act.
(f) Beginning July 1, 1995, this Section does not apply
to those professions, trades, and occupations licensed under
the Real Estate License Act of 1983, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or
the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
eff. 7-1-97.)
(20 ILCS 2105/2105-25 new)
(was 20 ILCS 2105/60.01) (from Ch. 127, par. 60.01)
Sec. 2105-25. Perjury; penalty. 60.01. Each document
required to be filed under any Act administered by the
Department shall be verified or contain a written affirmation
that it is signed under the penalties of perjury. An
applicant or registrant who knowingly signs a fraudulent
document commits perjury as defined in Section 32-2 of the
Criminal Code of 1961 and for the purpose of this Section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 84-1235.)
(20 ILCS 2105/2105-40 new)
(was 20 ILCS 2105/61) (from Ch. 127, par. 61)
Sec. 2105-40. Issuance of certificates and licenses. 61.
All certificates, licenses, and authorities shall be issued
by the Department of Professional Regulation, in the name of
the such Department, with the seal of the Department thereof
attached.
(Source: P.A. 85-225.)
(20 ILCS 2105/2105-55 new)
(was 20 ILCS 2105/61c) (from Ch. 127, new par. 61c)
Sec. 2105-55. 61c. Interlineation of checks. The
Department may reduce by interlineation the amount of any
personal check, corporate check, or company check drawn on
the account of and delivered by any person applying for any
license, certificate, registration, title, or permit that
requires payment of a fee. The amount of reduction shall be
limited to $50, and the drawer of the check shall be notified
in writing of the reduction. Any check for an amount more
than $50 in excess of the correct amount shall be returned to
the drawer-applicant.
Any check altered under this Section shall be endorsed by
the Director of the Department as follows: "This check is
warranted to subsequent holders and to the drawee to be in
the amount of $(insert amount)."
All applications for a license, title, or permit, upon
reprinting, shall contain the following authorization
statement: "My signature above authorizes the Department of
Professional Regulation to reduce the amount of this check if
the amount submitted is not correct. I understand this will
be done only if the amount submitted is greater than the
required fee hereunder, but in no event shall the such
reduction be made in an amount greater than $50."
(Source: P.A. 87-1031; 87-1237; 88-45.)
(20 ILCS 2105/2105-75 new)
(was 20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
Sec. 2105-75. 61f. 62.1. Design Professionals Dedicated
Employees. There are is established within the Department of
Professional Regulation certain design professionals
dedicated employees. These employees shall be devoted
exclusively to the administration and enforcement of the
Illinois Architecture Practice Act, the Illinois Professional
Land Surveyor Act of 1989, the Professional Engineering
Practice Act of 1989, and the Structural Engineering
Licensing Act of 1989. The design professionals dedicated
employees that the Director shall employ, in conformity with
the Personnel Code, at a minimum shall consist of one
full-time design licensing Coordinator, one full-time
Assistant Coordinator, 4 full-time licensing clerks, one
full-time attorney, and 2 full-time investigators. These
employees shall work exclusively in the licensing and
enforcement of the design profession Acts set forth in this
Section and shall not be used for the licensing and
enforcement of any other Act or other duties in the
Department of Professional Regulation.
(Source: P.A. 87-781; revised 10-28-98.)
(20 ILCS 2105/2105-100 new)
(was 20 ILCS 2105/60c) (from Ch. 127, par. 60c)
Sec. 2105-100. Disciplinary action with respect to
certificates; citation; hearing. 60c.
(a) Certificates may be revoked, suspended, placed on
probationary status, or have other disciplinary action taken
with regard to them as may be authorized in any licensing Act
administered by the Department in the manner provided by the
Civil Administrative Code of Illinois this Act and not
otherwise.
(b) The Department may upon its own motion and shall
upon the verified complaint in writing of any person,
provided the such complaint or the such complaint together
with evidence, documentary or otherwise, presented in
connection with the complaint makes wherewith shall make a
prima facie case, investigate the actions of any person
holding or claiming to hold a certificate.
(c) Before suspending, revoking, placing on probationary
status, or taking any other disciplinary action that which
may be authorized in any licensing Act administered by the
Department with regard to any certificate, the Department
shall issue a citation notifying the registrant of the time
and place when and where a hearing of the charges shall be
had. The Such citation shall contain a statement of the
charges or shall be accompanied by a copy of the written
complaint if such complaint shall have been filed. The Such
citation shall be served on the registrant at least 10 ten
days prior to the date therein set in the citation for the
hearing, either by delivery of the citation same personally
to the registrant or by mailing the citation same by
registered mail to the registrant's his last known place of
residence; provided that in any case where the registrant is
now or may hereafter be required by law to maintain a place
of business in this State and to notify the Department of the
location of that place of business thereof, the such citation
may be served by mailing it same by registered mail to the
registrant at the place of business last therefore described
by the registrant him in the such notification to the
Department.
(d) At the time and place fixed in the such citation,
the Department shall proceed to a hearing of the charges. and
Both the registrant and the complainant shall be accorded
ample opportunity to present, in person or by counsel, any
such statements, testimony, evidence, and argument that as
may be pertinent to the charges or to any defense to the
charges thereto. The Department may continue the such hearing
from time to time.
(Source: P.A. 83-230.)
(20 ILCS 2105/2105-105 new)
(was 20 ILCS 2105/60d) (from Ch. 127, par. 60d)
Sec. 2105-105. Oaths; subpoenas; penalty. 60d.
(a) The Department, by its Director or a person
designated by him or her, is empowered, at any time during
the course of any investigation or hearing conducted pursuant
to any Act administered by the Department, to administer
oaths, subpoena witnesses, take evidence, and compel the
production of any books, papers, records, or any other
documents that which the Director, or a person designated by
him or her, deems relevant or material to any such
investigation or hearing conducted by the Department, with
the same fees and mileage and in the same manner as
prescribed by law in judicial proceedings in civil cases in
circuit courts of this State.
(b) Any person who, without lawful authority, fails to
appear in response to a subpoena or to answer any question or
produce any books, papers, records, or any other documents
relevant or material to the such investigation or hearing is
guilty of a Class A misdemeanor. Each violation shall
constitute a separate and distinct offense.
In addition to initiating criminal proceedings, the
Department, through the Attorney General, may seek
enforcement of any such subpoena by any circuit court of this
State.
(Source: P.A. 86-592.)
(20 ILCS 2105/2105-110 new)
(was 20 ILCS 2105/60e) (from Ch. 127, par. 60e)
Sec. 2105-110. Court order requiring attendance of
witnesses or production of materials. 60e. Any circuit court,
upon the application of the registrant or complainant or of
the Department, may by order duly entered, require the
attendance of witnesses and the production of relevant books
and papers before the Department in any hearing relative to
the application for refusal to renew, suspension, revocation,
placing on probationary status, or the taking of any other
disciplinary action as may be authorized in any licensing Act
administered by the Department with regard to any certificate
of registration., and The court may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 83-334.)
(20 ILCS 2105/2105-115 new)
(was 20 ILCS 2105/60f) (from Ch. 127, par. 60f)
Sec. 2105-115. 60f. Stenographer; transcript. The
Department, at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all
proceedings at the hearing of any case in which wherein a
certificate may be revoked, suspended, placed on probationary
status, or subjected to other disciplinary action with
reference to the certificate when where a disciplinary action
is authorized in any licensing Act administered by the
Department. The citation, complaint, and all other documents
in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
board, and the orders of the Department shall be the record
of the proceedings. The Department shall furnish a transcript
of the record to any person interested in the hearing upon
payment therefor of $1 one dollar per page. This charge is
in addition to any fee charged by the Department for
certifying the record.
(Source: P.A. 87-1031.)
(20 ILCS 2105/2105-120 new)
(was 20 ILCS 2105/60g) (from Ch. 127, par. 60g)
Sec. 2105-120. Board's report; registrant's motion for
rehearing. 60g.
(a) The board shall present to the Director its written
report of its findings and recommendations. A copy of the
such report shall be served upon the registrant, either
personally or by registered mail as provided in Section
2105-100 60-c for the service of the citation.
(b) Within 20 twenty days after the such service
required under subsection (a), the registrant may present to
the Department a his motion in writing for a rehearing. The,
which written motion shall specify the particular grounds for
a rehearing therefor. If the registrant orders shall order
and pays pay for a transcript of the record as provided in
Section 2105-115 60-f, the time elapsing thereafter and
before the such transcript is ready for delivery to the
registrant him shall not be counted as part of the 20 such
twenty days.
(Source: P.A. 83-230.)
(20 ILCS 2105/2105-125 new)
(was 20 ILCS 2105/60h) (from Ch. 127, par. 60h)
Sec. 2105-125. Restoration of certificate. 60h. At any
time after the suspension of, revocation of, placement on
probationary status, or other disciplinary action taken by
the Department with reference to any certificate, the
Department may restore it to the registrant without
examination, upon the written recommendation of the
appropriate board.
(Source: P.A. 83-230.)
(20 ILCS 2105/2105-150 new)
(was 20 ILCS 2105/60m) (from Ch. 127, par. 60m)
Sec. 2105-150. Violations of Medical Practice Act. 60m.
Notwithstanding any of the provisions of Section 2105-5,
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, 2105-200, or 2105-325 60, 60.1, 60-a,
60b, 60c, 60-d, 60e, 60f, 60-g or 60h of this Law Act, for
violations of Section 22 of the Medical Practice Act of 1987,
the Department shall suspend, revoke, place on probationary
status, or take such other disciplinary action as it deems
proper with regard to licenses issued under that Act for
violations of Section 22 of the Medical Practice Act of 1987,
as amended, only in accordance with Sections 7 and 36 through
46 of that Act.
(Source: P.A. 85-1209.)
(20 ILCS 2105/2105-155 new)
(was 20 ILCS 2105/60n) (from Ch. 127, par. 60n)
Sec. 2105-155. Suspension or termination of medical
services provider under the Public Aid Code. 60n. When the
Department of Professional Regulation receives notice from
the Department of Public Aid, as required by Section 2205-10
48b of the Department of Public Aid Law (20 ILCS
2205/2205-10) this Act, that the authorization to provide
medical services under Article V 5 of the Illinois Public Aid
Code has been suspended or terminated with respect to any
person, firm, corporation, association, agency, institution,
or other legal entity licensed under any Act administered by
the Department of Professional Regulation, the Department of
Professional Regulation shall determine whether there are
reasonable grounds to investigate the circumstances that
which resulted in the such suspension or termination. If
such reasonable grounds are found, the Department of
Professional Regulation shall conduct an investigation and
take the such disciplinary action against the licensee that
as the Department determines to be required under the
appropriate licensing Act.
(Source: P.A. 85-225.)
(20 ILCS 2105/2105-175 new)
(was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
Sec. 2105-175. Reexaminations or rehearings. 60a.
Whenever the Director is satisfied that substantial justice
has not been done either in an examination or in the
revocation of, refusal to renew, suspension, placing on
probationary status, or the taking of other disciplinary
action as may be authorized in any licensing Act administered
by the Department with regard to a license, certificate, or
authority, the Director he may order reexaminations or
rehearings by the same or other examiners or hearing
officers.
(Source: P.A. 83-230.)
(20 ILCS 2105/2105-200 new)
(was 20 ILCS 2105/60.1) (from Ch. 127, par. 60.1)
Sec. 2105-200. Index of formal decisions regarding
disciplinary action. 60.1. The Department of Professional
Regulation shall maintain an index of formal decisions
regarding the issuance of or, refusal to issue licenses, the
renewal of or refusal to renew licenses, the revocation or
and suspension of licenses, and probationary or other
disciplinary action taken by the Department after August 31,
1971 (the effective date of Public this amendatory Act
77-1400) of 1971. The decisions shall be indexed according to
the statutory Section sections and the administrative
regulation, if any, that which is the basis for the decision.
The index shall be available to the public during regular
business hours.
(Source: P.A. 85-225.)
(20 ILCS 2105/2105-205 new)
(was 20 ILCS 2105/60.3)
Sec. 2105-205. 60.3. Publication of disciplinary
actions. The Department shall publish, at least monthly,
final disciplinary actions taken by the Department against a
licensee or applicant pursuant to the Medical Practice Act of
1987. The specific disciplinary action and the name of the
applicant or licensee shall be listed. This publication
shall be made available to the public upon request and
payment of the fees set by the Department. This publication
may be made available to the public on the Internet through
the State of Illinois World Wide Web site.
(Source: P.A. 89-702, eff. 7-1-97; 90-14, eff. 7-1-97.)
(20 ILCS 2105/2105-210 new)
(was 20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
Sec. 2105-210. 60.2. Annual report. The Department of
Professional Regulation shall prepare and file with the
General Assembly during the second week of January in each
calendar year a written report setting forth, with respect to
each professional, trade, or occupational school that is
regulated by the Department and that may not lawfully be
operated without a certificate of registration issued by the
Department:
(1) The number of written or verified complaints,
by license category, made or filed with the Department
during the immediately preceding calendar year alleging
the violation of any licensing Act administered by the
Department.
(2) The name and address of each such school with
respect to which or with respect to a representative of
which the Department, during the immediately preceding
calendar year, refused to issue or renew a certificate of
registration required for lawful operation of the school
and the reasons for that refusal.
(3) The name and address of each such school with
respect to which or with respect to a representative of
which the certificate of registration required for lawful
operation of the school was suspended, revoked, placed on
probation, reprimanded, or otherwise disciplined during
the immediately preceding calendar year and the reasons
for that discipline.
(4) The name and location of each such school at
which the Department made any on-site on site inspection
at any time during the immediately preceding calendar
year and the date or dates on which each such on-site on
site visit was made at that school.
(Source: P.A. 90-14, eff. 7-1-97.)
(20 ILCS 2105/2105-215 new)
(was 20 ILCS 2105/61a) (from Ch. 127, par. 61a)
Sec. 2105-215. Proof of Department records. 61a. The
papers, entries, and records of the Department or parts
thereof may be proved in any legal proceeding by a copy
thereof certified under the signature of the keeper thereof
in the name of the Department with a seal of the Department
attached. A fee of $1.00 shall be paid to the Department for
the such certification.
(Source: P.A. 84-550.)
(20 ILCS 2105/2105-220 new)
(was 20 ILCS 2105/61b) (from Ch. 127, par. 61b)
Sec. 2105-220. Release of Department records pursuant to
subpoena. 61b. Prior to the release of any records of the
Department pursuant to a subpoena in a civil or criminal
proceeding, the party seeking the records shall pay to the
Department $1.00 per page for the such records.
(Source: P.A. 86-592.)
(20 ILCS 2105/2105-300 new)
(was 20 ILCS 2105/61e)
Sec. 2105-300. 61e. Professions Indirect Cost Fund;
allocations; analyses.
(a) Appropriations for the direct and allocable indirect
costs of licensing and regulating each regulated profession,
trade, or occupation are intended to be payable from the fees
and fines that are assessed and collected from that
profession, trade, or occupation, to the extent that those
fees and fines are sufficient. In any fiscal year in which
the fees and fines generated by a specific profession, trade,
or occupation are insufficient to finance the necessary
direct and allocable indirect costs of licensing and
regulating that profession, trade, or occupation, the
remainder of those costs shall be financed from
appropriations payable from revenue sources other than fees
and fines. The direct and allocable indirect costs of the
Department identified in its cost allocation plans that are
not attributable to the licensing and regulation of a
specific profession, trade, or occupation or group of
professions, trades, or occupations shall be financed from
appropriations from revenue sources other than fees and
fines.
(b) The Professions Indirect Cost Fund is hereby created
as a special fund in the State Treasury. The Fund may
receive transfers of moneys authorized by the Department of
Professional Regulation from the cash balances in special
funds that receive revenues from the fees and fines
associated with the licensing of regulated professions,
trades, and occupations by the Department. Moneys in the
Fund shall be invested and earnings on the investments shall
be retained in the Fund. Subject to appropriation, the
Department shall use moneys in the Fund to pay the ordinary
and necessary allocable indirect expenses associated with
each of the regulated professions, trades, and occupations.
(c) Before the beginning of each fiscal year, the
Department shall prepare a cost allocation analysis to be
used in establishing the necessary appropriation levels for
each cost purpose and revenue source. At the conclusion of
each fiscal year, the Department shall prepare a cost
allocation analysis reflecting the extent of the variation
between how the costs were actually financed in that year and
the planned cost allocation for that year. Variations
between the planned and actual cost allocations for the prior
fiscal year shall be adjusted into the Department's planned
cost allocation for the next fiscal year.
Each cost allocation analysis shall separately identify
the direct and allocable indirect costs of each regulated
profession, trade, or occupation and the costs of the
Department's general public health and safety purposes. The
analyses shall determine whether the direct and allocable
indirect costs of each regulated profession, trade, or
occupation and the costs of the Department's general public
health and safety purposes are sufficiently financed from
their respective funding sources. The Department shall
prepare the cost allocation analyses in consultation with the
respective regulated professions, trades, and occupations and
shall make copies of the analyses available to them in a
timely fashion.
(d) The Department may direct the State Comptroller and
Treasurer to transfer moneys from the special funds that
receive fees and fines associated with regulated professions,
trades, and occupations into the Professions Indirect Cost
Fund in accordance with the Department's cost allocation
analysis plan for the applicable fiscal year. For a given
fiscal year, the Department shall not direct the transfer of
moneys under this subsection from a special fund associated
with a specific regulated profession, trade, or occupation
(or group of professions, trades, or occupations) in an
amount exceeding the allocable indirect costs associated with
that profession, trade, or occupation (or group of
professions, trades, or occupations) as provided in the cost
allocation analysis for that fiscal year and adjusted for
allocation variations from the prior fiscal year. No direct
costs identified in the cost allocation plan shall be used as
a basis for transfers into the Professions Indirect Cost Fund
or for expenditures from the Fund.
(Source: P.A. 89-204, eff. 1-1-96; 89-474, eff. 6-18-96.)
(20 ILCS 2105/2105-325 new)
(was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
Sec. 2105-325. Board member compensation. Except as
otherwise provided in any licensing Act, from amounts
appropriated for compensation and expenses of boards, each
member of each such board shall receive compensation at a
rate, established by the Director, not to exceed $50 per day,
for the member's his service and shall be reimbursed for the
member's his expenses necessarily incurred in relation to
that such service in accordance with the travel regulations
applicable to the Department at the time the expenses are
incurred.
(Source: P.A. 83-230.)
(20 ILCS 2205/Art. 2205 heading new)
ARTICLE 2205. DEPARTMENT OF PUBLIC AID
(20 ILCS 2205/2205-1 new)
Sec. 2205-1. Article short title. This Article 2205 of
the Civil Administrative Code of Illinois may be cited as the
Department of Public Aid Law.
(20 ILCS 2205/2205-5 new)
(was 20 ILCS 2205/48a) (from Ch. 127, par. 48a)
Sec. 2205-5. 48a. Department of Public Aid Code Powers.
The Department of Public Aid shall administer "the Illinois
Public Aid Code as provided in that Code", enacted by the
75th General Assembly.
(Source: Laws 1967, p. 234.)
(20 ILCS 2205/2205-10 new)
(was 20 ILCS 2205/48b) (from Ch. 127, par. 48b)
Sec. 2205-10. Suspension or termination of authorization
to provide medical services. 48b. Whenever the Department of
Public Aid suspends or terminates the authorization of any
person, firm, corporation, association, agency, institution,
or other legal entity to provide medical services under
Article V 5 of the Illinois Public Aid Code and the practice
of providing those such services or the maintenance of
facilities for those such services is licensed under a
licensing Act administered by the Department of Public Health
or the Department of Professional Regulation, the Department
of Public Aid shall, within 30 days of the such suspension or
termination, give written notice of the such suspension or
termination and transmit a record of the evidence and specify
the grounds on which the suspension or termination is based
to the Department that which administers the licensing Act
under which that person, firm, corporation, association,
agency, institution, or other legal entity is licensed,
subject to any confidentiality requirements imposed by
applicable federal or State law. The cost of any such record
shall be borne by the Department to which it is transmitted.
(Source: P.A. 85-225.)
(20 ILCS 2310/Art. 2310 heading new)
ARTICLE 2310. DEPARTMENT OF PUBLIC HEALTH
(20 ILCS 2310/2310-1 new)
Sec. 2310-1. Article short title. This Article 2310 of
the Civil Administrative Code of Illinois may be cited as the
Department of Public Health Powers and Duties Law.
(20 ILCS 2310/2310-5 new)
Sec. 2310-5. Definitions. In this Law:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
(20 ILCS 2310/2310-10 new)
(was 20 ILCS 2310/55) (from Ch. 127, par. 55)
Sec. 2310-10. Powers and duties, generally. 55. The
Department of Public Health has the powers and duties
enumerated in the Sections following this Section and
preceding Section 55a.
(Source: P.A. 86-479; 86-610; 86-732; 86-839; 86-878; 86-884;
86-885; 86-919; 86-996; 86-1004; 86-1028; 86-1377.)
(20 ILCS 2310/2310-15 new)
(was 20 ILCS 2310/55.02) (from Ch. 127, par. 55.02)
Sec. 2310-15. General supervision of health; delegation
to local boards of health. 55.02. To have the general
supervision of the interests of the health and lives of the
people of the State and to exercise the rights, powers, and
duties of those Acts that which it is by law authorized to
enforce. The Department shall have the general authority to
delegate to county and multiple-county boards of health the
duties under those Acts it is authorized to enforce for the
purpose of local administration and enforcement. Upon
accepting the delegation, county and multiple-county boards
of health shall administer and enforce the minimum program
standards promulgated by the Department under the provisions
of those Acts. County and multiple-county boards of health
may establish reasonable fees for the permits, licenses, or
other activities performed under the delegation agreement.
The Department may waive any portion of its fees established
by statute or rule if the county or multiple-county board of
health accepts the delegation.
(Source: P.A. 87-1162.)
(20 ILCS 2310/2310-20 new)
(was 20 ILCS 2310/55.17) (from Ch. 127, par. 55.17)
Sec. 2310-20. Promoting information of general public.
55.17. To promote the information of the general public in
all matters pertaining to health.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-25 new)
(was 20 ILCS 2310/55.05) (from Ch. 127, par. 55.05)
Sec. 2310-25. Disbursements to agencies and
organizations; payments for individuals. 55.05. To approve
the disbursement of State and federal funds to local health
authorities and to other public or private agencies and
organizations for the development of health programs or
services, and to make payments to or on behalf of individuals
suffering from diseases or disabilities from appropriations
made available to the Department for those such purposes.
(Source: P.A. 80-994.)
(20 ILCS 2310/2310-30 new)
(was 20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
Sec. 2310-30. Contracts for health services and
products. 55.12. To enter into contracts with the Federal
Government, other States, local governmental units, and other
public or private agencies or organizations for the purchase,
sale, or exchange of health services and products that which
may benefit the health of the people.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 2310/2310-35 new)
(was 20 ILCS 2310/55.27) (from Ch. 127, par. 55.27)
Sec. 2310-35. Federal monies. 55.27. To accept, receive,
and receipt for federal monies, for and in behalf of the
State, given by the federal government under any federal law
to the State for health purposes, surveys, or programs, and
to adopt necessary rules pertaining thereto pursuant to the
Illinois Administrative Procedure Act.
(Source: P.A. 83-1496.)
(20 ILCS 2310/2310-40 new)
(was 20 ILCS 2310/55.28) (from Ch. 127, par. 55.28)
Sec. 2310-40. Gifts and donations. 55.28. To accept,
receive, and receipt for gifts, donations, grants, or
bequests for health purposes.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-45 new)
(was 20 ILCS 2310/55.29) (from Ch. 127, par. 55.29)
Sec. 2310-45. State Treasurer as custodian of funds.
55.29. Funds received by the Department of Public Health
pursuant to Section 2310-35 Sections 55.27 or 2310-40 55.28
shall be deposited with the State Treasurer and held and
disbursed by the Treasurer him in accordance with the
Treasurer as Custodian of Funds Act "An Act in relation to
the receipt, custody and disbursement of money allotted by
the United States of America or any agency thereof for use in
this State," approved July 3, 1939, as amended.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-50 new)
(was 20 ILCS 2310/55.19) (from Ch. 127, par. 55.19)
Sec. 2310-50. Cooperation of organizations and agencies.
55.19. To enlist the cooperation of organizations of
physicians and other agencies for the promotion and
improvement of health and sanitation throughout the State.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-55 new)
(was 20 ILCS 2310/55.14) (from Ch. 127, par. 55.14)
Sec. 2310-55. Collecting information regarding mortality
and other matters. 55.14. To obtain, collect, and preserve
such information relative to mortality, morbidity, disease,
and health that as may be useful in the discharge of its
duties or may contribute to the promotion of health or to the
security of life in this State.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-60 new)
(was 20 ILCS 2310/55.22) (from Ch. 127, par. 55.22)
Sec. 2310-60. Publishing documents relating to health.
55.22. To print, publish, and distribute documents, reports,
bulletins, certificates, and other matter relating to the
prevention of diseases and the health and sanitary conditions
of the State.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-65 new)
(was 20 ILCS 2310/55.26) (from Ch. 127, par. 55.26)
Sec. 2310-65. Hospital construction and health service
programs. 55.26. To conduct State-wide inventories of
existing hospitals, health service facilities, and personnel
for hospital and medical care and a survey of need of
hospitals, health service facilities, and personnel;, to
adopt State plans, based upon those such inventories and
surveys, embracing a hospital construction program and a
health service program for hospital and medical care; and to
make reports in the such form and containing the such
information that as the Surgeon General of the United States
Public Health Service may from time to time reasonably
require; and to do all other things on behalf of the State
that as may be necessary in order for the State to
participate in the benefits of the "Hospital Survey and
Construction Act," enacted by the 79th Congress, and any
other Act enacted by Congress pertaining to hospital and
medical care and health services. The Department of Public
Health is designated as the sole State agency for the
administration of those such State plans and as the agency
for receiving payments to the State from the United States of
America in accordance with the provisions of those such Acts
of Congress.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-75 new)
(was 20 ILCS 2310/55.38) (from Ch. 127, par. 55.38)
Sec. 2310-75. Impact of diesel powered equipment and
explosives in underground coal mines. 55.38. The Department
of Public Health shall conduct a study of underground coal
mines that which use diesel powered equipment or explosives
while persons are working underground. The Such study shall
include, at a minimum, an assessment of the health and safety
impacts from the use of those such practices and equipment.
The Department shall report its findings to the Governor and
the General Assembly by no later than January 1, 1986.
(Source: P.A. 83-1236.)
(20 ILCS 2310/2310-80 new)
(was 20 ILCS 2310/55.89)
Sec. 2310-80. 55.89. 55.84. Aging Veterans Task Force.
(a) The Director of Public Health shall appoint an Aging
Veterans Task Force to study the capability of the State to
provide health care to veterans of the armed forces after the
year 2000. The task force shall consist of persons
representing the Department, the Department of Veterans'
Affairs, Illinois Veterans Homes, hospitals, nursing homes,
other health care facilities, and advocates for residents of
Illinois Veterans Homes, hospitals, nursing homes, and other
health care facilities. Members of the task force shall
serve without compensation other than reimbursement for
necessary expenses incurred in the performance of their
duties.
(b) The task force shall conduct a comprehensive
examination of the future demands for health care by the
State's aging veteran population and the ability of the State
to provide that health care.
(c) The task force shall make recommendations to assist
the Department and the Department of Veterans' Affairs in
developing agency and legislative changes to provide health
care to the State's veterans after the year 2000. The task
force shall report its recommendations to the Department
before January 1, 1999.
(Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.)
(20 ILCS 2310/2310-90 new)
(was 20 ILCS 2310/55.09) (from Ch. 127, par. 55.09)
Sec. 2310-90. Laboratories; fees; Public Health
Laboratory Services Revolving Fund. 55.09. To maintain
physical, chemical, bacteriological, and biological
laboratories; to make examinations of milk, water,
atmosphere, sewage, wastes, and other substances, and
equipment and processes relating thereto; to make diagnostic
tests for diseases and tests for the evaluation of health
hazards considered necessary for the protection of the people
of the State; and to assess a reasonable fee for services
provided as established by regulation, under the Illinois
Administrative Procedure Act, which shall not exceed the
Department's actual costs to provide these services.
Excepting fees collected under the Phenylketonuria
Testing Act and the Lead Poisoning Prevention Act, all fees
shall be deposited into the Public Health Laboratory Services
Revolving Fund. Other State and federal funds related to
laboratory services may also be deposited into the Fund, and
all interest that accrues on the moneys in the Fund shall be
deposited into the Fund.
Moneys shall be appropriated from the Fund solely for the
purposes of testing specimens submitted in support of
Department programs established for the protection of human
health, welfare, and safety, and for testing specimens
submitted by physicians and other health care providers, to
determine whether chemically hazardous, biologically
infectious substances, or other disease causing conditions
are present.
(Source: P.A. 88-85.)
(20 ILCS 2310/2310-100 new)
(was 20 ILCS 2310/55.16) (from Ch. 127, par. 55.16)
Sec. 2310-100. Work of local health officers and
agencies. 55.16. To keep informed of the work of local health
officers and agencies throughout the State.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-105 new)
(was 20 ILCS 2310/55.18) (from Ch. 127, par. 55.18)
Sec. 2310-105. Supervising and aiding local authorities.
55.18. To supervise, aid, direct, and assist local health
authorities or agencies in the administration of the health
laws.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-110 new)
(was 20 ILCS 2310/55.25) (from Ch. 127, par. 55.25)
Sec. 2310-110. Defense zones for public health purposes;
local approval. 55.25. To define the boundaries of defense
zones within this State for public health purposes, to alter
those boundaries the same from time to time, to establish and
maintain health departments in those such defense zones, and
to prescribe their powers and duties; provided, that no city,
village, or incorporated town that which has established and
is maintaining a board of health or public health board or
department pursuant to the provisions of the Illinois
Municipal Code, as heretofore and hereafter amended, or any
portion of that such municipality or any territory owned by,
leased to, or subject to the jurisdiction of any such
municipality, shall be included within any such defense zone
except upon approval of the corporate authorities of the such
municipality, or of the mayor or president of the board of
trustees of the municipality thereof unless or until that
such approval is rescinded by action of the city council or
board of trustees; provided, that in cities and villages
under the commission form of government, that such approval
must be concurred in by a majority of the council.
(Source: Laws 1961, p. 1418.)
(20 ILCS 2310/2310-130 new)
(was 20 ILCS 2310/55.82)
Sec. 2310-130. 55.82. Medicare or Medicaid certification
fee; Health Care Facility and Program Survey Fund. To
establish and charge a fee to any facility or program
applying to be certified to participate in the Medicare
program under Title XVIII of the federal Social Security Act
or in the Medicaid program under Title XIX of the federal
Social Security Act to cover the costs associated with the
application, inspection, and survey of the facility or
program, and processing of the application. The Department
shall establish the fee by rule, and the fee shall be based
only on those application, inspection, and survey, and
processing costs not reimbursed to the State by the federal
government. The fee shall be paid by the facility or program
before the application is processed.
The fees received by the Department under this Section
shall be deposited into the Health Care Facility and Program
Survey Fund, which is hereby created as a special fund in the
State treasury. Moneys in the Fund shall be appropriated to
the Department and may be used for any costs incurred by the
Department, including personnel costs, in the processing of
applications for Medicare or Medicaid certification.
(Source: P.A. 89-499, eff. 6-28-96.)
(20 ILCS 2310/2310-135 new)
(was 20 ILCS 2310/55.37) (from Ch. 127, par. 55.37)
Sec. 2310-135. Notice of suspension or termination of
medical services provider under Public Aid Code. 55.37. When
the Department of Public Health receives notice from the
Department of Public Aid, as required by Section 2205-10 48b
of the Department of Public Aid Law (20 ILCS 2205/2205-10)
this Act, that the authorization to provide medical services
under Article V 5 of the Illinois Public Aid Code has been
suspended or terminated termination with respect to any
person, firm, corporation, association, agency, institution,
or other legal entity licensed under any Act administered by
the Department of Public Health, the Department of Public
Health shall determine whether there are reasonable grounds
to investigate the circumstances that which resulted in the
such suspension or termination. If such reasonable grounds
are found, the Department of Public Health shall conduct an
investigation and take such disciplinary action against the
licensee that as the Department determines to be required
under the appropriate licensing Act.
(Source: P.A. 80-1364.)
(20 ILCS 2310/2310-140 new)
(was 20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
Sec. 2310-140. Recommending suspension of licensed
health care professional. 55.37a. The Director of Public
Health, upon making a determination based upon information in
the possession of the Department, that continuation in
practice of a licensed health care professional would
constitute an immediate danger to the public, shall submit a
written communication to the Director of the Department of
Professional Regulation indicating that such determination
and additionally (i) providing a complete summary of the
information upon which the such determination is based, and
(ii) recommending that the Director of Professional
Regulation immediately suspend the such person's license.
All relevant evidence, or copies thereof, in the Department's
possession may also be submitted in conjunction with the
written communication. A copy of the such written
communication, which is exempt from the copying and
inspection provisions of the Freedom of Information Act,
shall at the time of submittal to the Director of the
Department of Professional Regulation be simultaneously
mailed to the last known business address of the such
licensed health care professional by certified or registered
postage, United States Mail, return receipt requested. Any
evidence, or copies thereof, that which is submitted in
conjunction with the written communication is also exempt
from for the copying and inspection provisions of the Freedom
of Information Act.
For the purposes of this Section, "licensed health care
professional" means any person licensed under the Illinois
Dental Practice Act, the Nursing and Advanced Practice
Nursing Act, the Medical Practice Act of 1987, the Pharmacy
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, or and the Illinois Optometric Practice Act of 1987.
(Source: P.A. 90-742, eff. 8-13-98.)
(20 ILCS 2310/2310-155 new)
(was 20 ILCS 2310/55.24) (from Ch. 127, par. 55.24)
Sec. 2310-155. Transfer of realty to other State agency;
acquisition of federal lands. 55.24. To transfer jurisdiction
of any realty under the control of the Department to any
other department of State government, or to the State
Employees Housing Commission, or to acquire or accept federal
lands, when the such transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by the
Governor.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-170 new)
(was 20 ILCS 2310/55.30) (from Ch. 127, par. 55.30)
Sec. 2310-170. No application to sanitary district with
population over 1,000,000. 55.30. Nothing contained in the
Civil Administrative Code of Illinois this Act contained
shall apply to or be construed in any manner to affect the
property, real, personal, or mixed and wherever situated, or
the channels, drains, ditches, and outlets and adjuncts and
additions thereto and their use, operation, and maintenance
and the right to the flow of water therein for sewage
dilution, or affect the jurisdiction, rights, power, duties,
and obligations of any existing sanitary district that which
now has a population of 1,000,000 one million or more within
its territorial limits.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-185 new)
(was 20 ILCS 2310/55.51) (from Ch. 127, par. 55.51)
Sec. 2310-185. Criminal history record information.
55.51. Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) "The Civil Administrative Code of
Illinois", the Department of State Police is authorized to
furnish, pursuant to positive identification, the such
information contained in State files that as is necessary to
fulfill the request.
(Source: P.A. 86-610; 86-1028.)
(20 ILCS 2310/2310-195 new)
(was 20 ILCS 2310/55.39) (from Ch. 127, par. 55.39)
Sec. 2310-195. Administrative rules. 55.39. To adopt all
administrative rules that which may be necessary for the
effective administration, enforcement, and regulation of all
matters for which the Department has jurisdiction or
responsibility.
(Source: P.A. 84-832.)
(20 ILCS 2310/2310-200 new)
(was 20 ILCS 2310/55.53) (from Ch. 127, par. 55.53)
Sec. 2310-200. 55.53. Programs to expand access to
primary care.
(a) The Department shall establish a program to expand
access to comprehensive primary care in medically underserved
communities throughout Illinois. This program may include
the provision of financial support and technical assistance
to eligible community health centers. To be eligible for
those such grants, community health centers must meet
requirements comparable to those enumerated in Sections 329
and 330 of the federal Public Health Service Act. In
establishing its program, the Department shall avoid
duplicating resources in areas already served by community
health centers.
(b) The Department may develop financing programs with
the Illinois Development Finance Authority to carry out the
purposes of the Civil Administrative Code of Illinois this
Act or any other Act that the Department is responsible for
administering. The Department may transfer to the Illinois
Development Finance Authority, into an account outside of the
State treasury, any moneys it deems necessary from its
accounts to establish bond reserve or credit enhancement
escrow accounts, or loan or equipment leasing programs. The
disposition of moneys at the conclusion of any such financing
program shall be determined by an interagency agreement.
(Source: P.A. 88-535.)
(20 ILCS 2310/2310-205 new)
(was 20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
Sec. 2310-205. 55.57. Community health centers. From
appropriations from the Community Health Center Care Fund, a
special fund in the State treasury which is hereby created,
the Department shall provide financial assistance (i) to (a)
migrant health centers and community health centers
established pursuant to Sections 329 or 330 of the federal
Public Health Service Act or that which meet the standards
contained in either of those Sections; and (ii) (b) for the
purpose of establishing new migrant health centers or
community health centers in areas of need.
(Source: P.A. 86-996; 86-1028.)
(20 ILCS 2310/2310-210 new)
(was 20 ILCS 2310/55.62a)
Sec. 2310-210. 55.62a. Advisory Panel on Minority
Health.
(a) In this Section:
"Health profession" means any health profession regulated
under the laws of this State, including, without limitation,
professions regulated under the Illinois Athletic Trainers
Practice Act, the Clinical Psychologist Licensing Act, the
Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietetic and Nutrition
Services Practice Act, the Marriage and Family Therapy
Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Nursing and Advanced Practice
Nursing Act, the Illinois Occupational Therapy Practice Act,
the Illinois Optometric Practice Act of 1987, the Illinois
Physical Therapy Act, the Physician Assistant Practice Act of
1987, the Podiatric Medical Practice Act of 1987, the
Professional Counselor and Clinical Professional Counselor
Licensing Act, and the Illinois Speech-Language Pathology and
Audiology Practice Act.
"Minority" has the same meaning as in Section 2310-215
55.62.
(b) The General Assembly finds as follows:
(1) The health status of individuals from ethnic
and racial minorities in this State is significantly
lower than the health status of the general population of
the State.
(2) Minorities suffer disproportionately high rates
of cancer, stroke, heart disease, diabetes, sickle-cell
anemia, lupus, substance abuse, acquired immune
deficiency syndrome, other diseases and disorders,
unintentional injuries, and suicide.
(3) The incidence of infant mortality among
minorities is almost double that for the general
population.
(4) Minorities suffer disproportionately from lack
of access to health care and poor living conditions.
(5) Minorities are under-represented in the health
care professions.
(6) Minority participation in the procurement
policies of the health care industry is lacking.
(7) Minority health professionals historically have
tended to practice in low-income areas and to serve
minorities.
(8) National experts on minority health report that
access to health care among minorities can be
substantially improved by increasing the number of
minority health professionals.
(9) Increasing the number of minorities serving on
the facilities of health professional schools is an
important factor in attracting minorities to pursue a
career in health professions.
(10) Retaining minority health professionals
currently practicing in this State and those receiving
training and education in this State is an important
factor in maintaining and increasing the number of
minority health professionals in Illinois.
(11) An Advisory Panel on Minority Health is
necessary to address the health issues affecting
minorities in this State.
(c) The General Assembly's intent is as follows:
(1) That all Illinoisans have access to health
care.
(2) That the gap between the health status of
minorities and other Illinoisans be closed.
(3) That the health issues that disproportionately
affect minorities be addressed to improve the health
status of minorities.
(4) That the number of minorities in the health
professions be increased.
(d) The Advisory Panel on Minority Health is created.
The Advisory Panel shall consist of 25 members appointed by
the Director of Public Health. The members shall represent
health professions and the General Assembly.
(e) The Advisory Panel shall assist the Department in
the following manner:
(1) Examination of the following areas as they
relate to minority health:
(A) Access to health care.
(B) Demographic factors.
(C) Environmental factors.
(D) Financing of health care.
(E) Health behavior.
(F) Health knowledge.
(G) Utilization of quality care.
(H) Minorities in health care professions.
(2) Development of monitoring, tracking, and
reporting mechanisms for programs and services with
minority health goals and objectives.
(3) Communication with local health departments,
community-based organizations, voluntary health
organizations, and other public and private organizations
statewide, on an ongoing basis, to learn more about their
services to minority communities, the health problems of
minority communities, and their ideas for improving
minority health.
(4) Promotion of communication among all State
agencies that provide services to minority populations.
(5) Building coalitions between the State and
leadership in minority communities.
(6) Encouragement of recruitment and retention of
minority health professionals.
(7) Improvement in methods for collecting and
reporting data on minority health.
(8) Improvement in accessibility to health and
medical care for minority populations in under-served
rural and urban areas.
(9) Reduction of communication barriers for
non-English speaking residents.
(10) Coordination of the development and
dissemination of culturally appropriate and sensitive
education material, public awareness messages, and health
promotion programs for minorities.
(f) On or before January 1, 1997 the Advisory Panel
shall submit an interim report to the Governor and the
General Assembly. The interim report shall include an update
on the Advisory Panel's progress in performing its functions
under this Section and shall include recommendations,
including recommendations for any necessary legislative
changes.
On or before January 1, 1998 the Advisory Panel shall
submit a final report to the Governor and the General
Assembly. The final report shall include the following:
(1) An evaluation of the health status of
minorities in this State.
(2) An evaluation of minority access to health care
in this State.
(3) Recommendations for improving the health status
of minorities in this State.
(4) Recommendations for increasing minority access
to health care in this State.
(5) Recommendations for increasing minority
participation in the procurement policies of the health
care industry.
(6) Recommendations for increasing the number of
minority health professionals in this State.
(7) Recommendations that will ensure that the
health status of minorities in this State continues to be
addressed beyond the expiration of the Advisory Panel.
(Source: P.A. 89-298, eff. 1-1-96; 90-742, eff. 8-13-98.)
(20 ILCS 2310/2310-215 new)
(was 20 ILCS 2310/55.62) (from Ch. 127, par. 55.62)
Sec. 2310-215. 55.62. Center for Minority Health
Services.
(a) The Department shall establish a Center for Minority
Health Services to advise the Department on matters
pertaining to the health needs of minority populations within
the State.
(b) The Center shall have the following duties:
(1) To assist in the assessment of the health needs
of minority populations in the State.
(2) To recommend treatment methods and programs
that are sensitive and relevant to the unique linguistic,
cultural, and ethnic characteristics of minority
populations.
(3) To provide consultation, technical assistance,
training programs, and reference materials to service
providers, organizations, and other agencies.
(4) To promote awareness of minority health
concerns, and encourage, promote, and aid in the
establishment of minority services.
(5) To disseminate information on available
minority services.
(6) To provide adequate and effective opportunities
for minority populations to express their views on
Departmental policy development and program
implementation.
(7) To coordinate with the Department on Aging and
the Department of Public Aid to coordinate services
designed to meet the needs of minority senior citizens.
(c) For the purpose of this Section, "minority" shall
mean and include any person or group of persons who are:
(1) African-American (a person having origins in
any of the black racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any
of the original peoples of the Far East, Southeast Asia,
the Indian Subcontinent or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person
having origins in any of the original peoples of North
America).
(Source: P.A. 87-633; 87-895; 88-254.)
(20 ILCS 2310/2310-220 new)
(was 20 ILCS 2310/55.73)
Sec. 2310-220. 55.73. Findings; rural obstetrical care.
The General Assembly finds that substantial areas of rural
Illinois lack adequate access to obstetrical care. The
primary cause of this problem is the absence of qualified
practitioners who are willing to offer obstetrical services.
A significant barrier to recruiting and retaining those
practitioners is the high cost of professional liability
insurance for practitioners offering obstetrical care.
Therefore, the Department, from funds appropriated for
that purpose, shall award grants to physicians practicing
obstetrics in rural designated shortage areas, as defined in
Section 3.04 of the Family Practice Residency Act, for the
purpose of reimbursing those physicians for the costs of
obtaining malpractice insurance relating to obstetrical
services. The Department shall establish reasonable
conditions, standards, and duties relating to the application
for and receipt of the grants.
(Source: P.A. 88-206; 88-670, eff. 12-2-94.)
(20 ILCS 2310/2310-225 new)
(was 20 ILCS 2310/55.58) (from Ch. 127, par. 55.58)
Sec. 2310-225. Nurse incentive program for medically
underserved areas. 55.58. The Department shall undertake a
study to determine what incentives might be necessary to
attract nurses to practice in medically underserved areas of
Illinois. Based on the research and experience of other
states and the private sector, a variety of incentive
programs should be examined for their feasibility and
possible development and implementation in Illinois. Based
upon the results of this study, the Department may implement
a nurse incentive program, subject to available
appropriations.
(Source: P.A. 86-1004.)
(20 ILCS 2310/2310-230 new)
(was 20 ILCS 2310/55.67) (from Ch. 127, par. 55.67)
Sec. 2310-230. Reevaluation of health manpower shortage
areas. 55.67. The Illinois Department of Public Health shall
reevaluate the health manpower shortage areas after each
decennial census.
(Source: P.A. 87-487; 87-895.)
(20 ILCS 2310/2310-235 new)
(was 20 ILCS 2310/55.63) (from Ch. 127, par. 55.63)
Sec. 2310-235. Impact of trauma care closures. 55.63. The
Department shall study the impact of trauma care closures on
delivery and access to emergency health care services. The
Department shall report its findings to the General Assembly
no later than June 1, 1992.
(Source: P.A. 87-633.)
(20 ILCS 2310/2310-250 new)
(was 20 ILCS 2310/55.13) (from Ch. 127, par. 55.13)
Sec. 2310-250. Distribution of vaccines and other
medicines and products. 55.13. To acquire and distribute free
of charge for the benefit of citizens of the State upon
request by physicians licensed in Illinois to practice
medicine in all of its branches or by licensed hospitals in
the State diphtheria antitoxin, typhoid vaccine, smallpox
vaccine, poliomyelitis vaccine and other sera, vaccines,
prophylactics, and drugs that such as are of recognized
efficiency in the diagnosis, prevention, and treatment of
diseases; also biological products, blood plasma, penicillin,
sulfonamides, and such other products and medicines that as
are of recognized therapeutic efficiency in the use of first
aid treatment in case of accidental injury or in the
prevention and treatment of diseases or conditions harmful to
health; provided that those such drugs shall be manufactured
only during the such period that as they are not made readily
available by private sources. These medications and biologics
may be distributed through public and private agencies or
individuals and firms designated by the Director as
authorized agencies for this purpose.
(Source: Laws 1963, p. 3222.)
(20 ILCS 2310/2310-255 new)
(was 20 ILCS 2310/55.75)
Sec. 2310-255. 55.75. Immunization outreach programs
Program.
(a) The Illinois General Assembly finds and declares the
following:
(1) There is a growing number of 2-year-old
children who have not received the necessary childhood
immunizations to prevent communicable diseases.
(2) The reasons these children do not receive
immunizations are many and varied. These reasons
include, but are not limited to, the following:
(A) Their parents live in poverty and do not
have access to insurance coverage for health care
and immunizations.
(B) Their parents come from non-English
speaking cultures where the importance of early
childhood immunizations has not been emphasized.
(C) Their parents do not receive adequate
referral to immunization programs or do not have
access to public immunization programs through other
public assistance services.
(3) (D) The percentage of fully immunized
African-American and Hispanic 2-year-old children is
significantly less than that for Whites.
(4) (E) The ages of concern that remain are infancy
and preschool, especially for those children at high risk
because of a medical condition or because of social and
environmental factors.
(5) (F) Ensuring protective levels of immunization
against communicable disease for these children is the
most historically proven cost-effective preventive
measure available to public health agencies.
(6) (3) It is the intent of the General Assembly to
establish an immunization outreach program to respond to
this problem.
(b) The Department, of Public Health in cooperation with
county, multiple county, and municipal health departments,
may establish permanent, temporary, or mobile sites for
immunizing children or referring parents to other programs
that provide immunizations and comprehensive health services.
These sites may include, but are not limited to, the
following:
(1) Public places where parents of children at high
risk of remaining unimmunized reside, shop, worship, or
recreate.
(2) School grounds, either during regular hours,
evening hours, or on weekends.
(3) Places on or adjacent to sites of public or
community-based agencies or programs that either provide
or refer persons to public assistance programs or
services.
(c) Outreach programs shall, to the extent feasible,
include referral components intended to link immunized
children with available public or private primary care
providers to increase access to continuing pediatric care
including subsequent immunization services.
(d) The population to be targeted by the programs
program shall include children who do not receive
immunizations through private third-party sources or other
public sources with priority given to infants and children
from birth up to age 3. Outreach programs shall provide
information to the families of children being immunized about
possible reactions to the vaccine and about follow-up
referral sources.
(Source: P.A. 88-493; 88-670, eff. 12-2-94.)
(20 ILCS 2310/2310-275 new)
(was 20 ILCS 2310/55.61) (from Ch. 127, par. 55.61)
Sec. 2310-275. 55.61. Child health insurance plan study.
(a) The Department, in cooperation with the Department
of Insurance and the Department of Public Aid, shall
undertake a study to determine the feasibility of
establishing a child health insurance plan to provide primary
and preventive health care services for children. The study
shall provide an analysis of the types of health care
services and benefits needed, including, but not limited to,
well-child care, diagnosis and treatment of illness and
injury, prescription drugs, and laboratory services. The
study shall include an analysis of the cost of the plan and
possible sources of funding. The study shall include a
review of similar plans operating in other states.
(b) The Department shall file its report as provided in
Section 3.1 of the General Assembly Organization Act no later
than 6 months after January 1, 1992 the effective date of
this amendatory Act of 1991.
(Source: P.A. 87-252.)
(20 ILCS 2310/2310-300 new)
(was 20 ILCS 2310/55.78)
Sec. 2310-300. 55.78. Healthy Families initiative; child
abuse and neglect.
(a) The Department of Public Health, in cooperation with
the Department of Children and Family Services, the Illinois
Department of Public Aid, and other related State and
community agencies, shall convene a steering committee to
develop a plan to implement a Healthy Families statewide
initiative to prevent the occurrence of child abuse and
neglect and to promote positive child health and development.
The program shall be based on the Healthy Families America
model of a voluntary program to identify at-risk families who
are confronted with a significant number of elements that
could lead to child abuse and neglect and to offer help
before any incidence occurs.
(b) The goals of the Healthy Families Initiative shall
include the following:
(1) Strengthening family functioning.
(2) Enhancing child development.
(3) Promoting positive parenting.
(4) Enhancing parent-child interaction.
(5) Ensuring primary health care for all families.
(6) Ensuring appropriate use of health and
community resources in providing prevention services and
the promotion of positive child health and development.
(c) The steering committee may review similar programs
operating in other states. The Initiative must provide a
comprehensive, coordinated program of prevention services for
infants and young children through a voluntary home visitor
program for new parents and their children. The plan shall
utilize and may expand existing programs and services
currently operating in the State. Where there are no
existing services, the Department may authorize the
development of new local programs, which incorporate the
proven critical elements contained in the Healthy Families
America model. The programs shall include an evaluation
component. The Department is authorized to contract for the
study. The Department may provide, by grant or contract,
support to a statewide child abuse prevention organization
for the development and implementation of the Healthy
Families initiative and evaluation. Funds for the Healthy
Families initiative shall be sought from the federal
government and State human service code departments. Private
sponsorship may also be sought.
(d) The steering committee shall inventory State and
local resources providing relevant home visitation services
to families and evaluate how these resources may be included
in a statewide Healthy Families implementation plan. This
may result in renaming current programs and bringing them
into compliance with the requirements of the Healthy Families
America model to create a comprehensive statewide system that
can be effectively monitored and evaluated.
(e) The Department shall report to the Governor and
General Assembly on the Healthy Families initiative plan and
submit recommendations by January 1, 1995.
(Source: P.A. 88-614, eff. 9-7-94; 89-235, eff. 8-4-95.)
(20 ILCS 2310/2310-305 new)
(was 20 ILCS 2310/55.64) (from Ch. 127, par. 55.64)
Sec. 2310-305. 55.64. Public information campaign;
brochure; shaken infant syndrome.
(a) The Department of Public Health may conduct an
information campaign for the general public concerning the
dangers of shaking infants and young children. The
information shall inform the public about the risks of
shaking children and ways to reduce the causes of shaking
children.
(b) The Department may prepare a brochure describing the
dangers of shaking infants and young children. The
description shall include information on the effects of
shaking children, appropriate ways to manage the causes for
shaking children, and discussion on how to reduce the risk of
shaking. The brochure shall be distributed free of charge to
the parents or guardians of each newborn upon discharge of
the infant from a hospital or other health facility.
(Source: P.A. 87-633; 87-895.)
(20 ILCS 2310/2310-310 new)
(was 20 ILCS 2310/55.79)
Sec. 2310-310. 55.79. Spousal abuse study. The
Department shall conduct a study of spousal abuse. The study
shall include, but not be limited to, identification of
causes of spousal abuse and identification of specific age
groups affected by spousal abuse. On or before January 1,
1996, the Department shall report its findings to the
Governor and the General Assembly, together with its specific
recommendations for preventing spousal abuse and for a
program to be administered by the Department to assist
victims of spousal abuse.
(Source: P.A. 88-622, eff. 1-1-95; 89-235, eff. 8-4-95.)
(20 ILCS 2310/2310-315 new)
(was 20 ILCS 2310/55.41) (from Ch. 127, par. 55.41)
Sec. 2310-315. Prevention and treatment of AIDS. 55.41.
To perform the following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) (a) Establish a State AIDS Control Unit within the
Department as a separate administrative subdivision, to
coordinate all State programs and services relating to the
prevention, treatment, and amelioration of AIDS.
(2) (b) Conduct a public information campaign for
physicians, hospitals, health facilities, public health
departments, law enforcement personnel, public employees,
laboratories, and the general public on acquired
immunodeficiency syndrome (AIDS) and to promote necessary
measures to reduce the incidence of AIDS and the mortality
from AIDS. This program shall include, but not be limited to,
the establishment of a statewide hotline and a State AIDS
information clearinghouse that will provide periodic reports
and releases to public officials, health professionals,
community service organizations, and the general public
regarding new developments or procedures concerning
prevention and treatment of AIDS.
(3) (c) Establish an AIDS Advisory Council consisting of
25 persons appointed by the Governor, including
representation from public and private agencies,
organizations, and facilities involved in AIDS research,
prevention, and treatment, which shall advise the Department
on the State AIDS Control Plan. The terms of the initial
appointments shall be staggered so that 13 members are
appointed for 2-year terms and 12 members are appointed for
4-year terms. All subsequent appointments shall be for 4-year
terms. Members shall serve without compensation, but may be
reimbursed for expenses incurred in relation to their duties
on the Council. A Chairman, and such other officers that as
may be considered necessary, shall be elected from among the
members. Any vacancy shall be filled for the term of the
original appointment. Members whose terms have expired may
continue to serve until their successors are appointed.
(4) (d) Establish alternative blood test services that
are not operated by a blood bank, plasma center or hospital.
The Department shall prescribe by rule minimum criteria,
standards and procedures for the establishment and operation
of such services, which shall include, but not be limited to
requirements for the provision of information, counseling and
referral services that ensure appropriate counseling and
referral for persons whose blood is tested and shows evidence
of exposure to the human immunodeficiency virus (HIV) or
other identified causative agent of acquired immunodeficiency
syndrome (AIDS).
(5) (e) Establish regional and community service
networks of public and private service providers or health
care professionals who may be involved in AIDS research,
prevention and treatment.
(6) (f) Provide grants to individuals, organizations or
facilities to support the following:
(A) (1) Information, referral, and treatment
services.;
(B) (2) Interdisciplinary workshops for
professionals involved in research and treatment.;
(C) (3) Establishment and operation of a statewide
hotline.;
(D) (4) Establishment and operation of alternative
testing services.;
(E) (5) Research into detection, prevention, and
treatment.;
(F) (6) Supplementation of other public and private
resources.;
(G) (7) Implementation by long-term care facilities
of Department standards and procedures for the care and
treatment of persons with AIDS, and the development of
adequate numbers and types of placements for those such
persons.
(7) (g) Conduct a study and report to the Governor and
the General Assembly by July 1, 1988, on the public and
private costs of AIDS medical treatment, including the
availability and accessibility of inpatient, outpatient,
physician, and community support services.
(8) (h) Accept any gift, donation, bequest, or grant of
funds from private or public agencies, including federal
funds that may be provided for AIDS control efforts.
(9) (i) Develop and implement, in consultation with the
Long-Term Care Facility Advisory Board, standards and
procedures for long-term care facilities that provide care
and treatment of persons with AIDS, including appropriate
infection control procedures. The Department shall work
cooperatively with organizations representing those such
facilities to develop adequate numbers and types of
placements for persons with AIDS, and shall advise those such
facilities on proper implementation of its standards and
procedures.
(10) (j) The Department shall create and administer a
training program for State employees who have a need for
understanding matters relating to AIDS in order to deal with
or advise the public. The Such training shall include
information on the cause and effects of AIDS, the means of
detecting it and preventing its transmission, the
availability of related counseling and referral, and such
other matters that as may be appropriate. The Such training
may also be made available to employees of local governments,
public service agencies, and private agencies that which
contract with the State; in those such cases the Department
may charge a reasonable fee to recover the cost of the
training.
(11) (k) Approve tests or testing procedures used in
determining exposure to HIV or any other identified causative
agent of AIDS.
(Source: P.A. 85-1209; 85-1248; 85-1440.)
(20 ILCS 2310/2310-320 new)
(was 20 ILCS 2310/55.56) (from Ch. 127, par. 55.56)
Sec. 2310-320. AIDS awareness programs and materials.
55.56.
(a) The Department of Public Health shall include within
its AIDS awareness programs and materials, information
directed toward Hispanics, African Americans, and other
population groups in Illinois that are considered high risk
populations for AIDS and AIDS-related complex. The Such
information shall inform high risk groups about the
transmission of the AIDS virus, the prevention of infection,
the treatment available for the disease, and how treatment
may be obtained.
(b) The Department of Public Health shall include in its
AIDS campaign material information directed toward
African-Americans and Hispanics. This information shall
include educational videos, in English and in Spanish,
directed toward teenagers who are members of high risk
population groups. The Department shall seek the advice and
assistance of community-based organizations representing
these populations with respect to the most effective methods
to educate persons within these populations about AIDS.
(Source: P.A. 89-363, eff. 1-1-96.)
(20 ILCS 2310/2310-325 new)
(was 20 ILCS 2310/55.45) (from Ch. 127, par. 55.45)
Sec. 2310-325. Donors of semen for artificial
insemination; AIDS test; penalty. 55.45.
(a) The Department shall by rule require that all donors
of semen for purposes of artificial insemination be tested
for evidence of exposure to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS) prior to the semen being
made available for that such use.
(b) In performing the technique of human artificial
insemination in this State, no person shall intentionally,
knowingly, recklessly, or negligently use the semen of a
donor who has not been tested in accordance with subsection
(a), or the semen of a donor who has tested positive for
exposure to HIV or any other identified causative agent of
AIDS. Violation of this subsection (b) shall be a Class A
misdemeanor.
(Source: P.A. 85-1209.)
(20 ILCS 2310/2310-330 new)
(was 20 ILCS 2310/55.46) (from Ch. 127, par. 55.46)
Sec. 2310-330. Sperm and tissue bank registry; AIDS test
for donors; penalties. 55.46.
(a) The Department shall establish a registry of all
sperm banks and tissue banks operating in this State. All
sperm banks and tissue banks operating in this State shall
register with the Department by May 1 of each year. Any
person, hospital, clinic, corporation, partnership, or other
legal entity that which operates a sperm bank or tissue bank
in this State and fails to register with the Department
pursuant to this Section commits a business offense and shall
be subject to a fine of $5000.
(b) All donors of semen for purposes of artificial
insemination, or donors of corneas, bones, organs, or other
human tissue for the purpose of injecting, transfusing, or
transplanting any of them in the human body, shall be tested
for evidence of exposure to human immunodeficiency virus
(HIV) and any other identified causative agent of acquired
immunodeficiency syndrome (AIDS) at the time of or after the
donation, but prior to the semen, corneas, bones, organs, or
other human tissue being made available for that such use.
However, when in the opinion of the attending physician the
life of a recipient of a bone, organ, or other human tissue
donation would be jeopardized by delays caused by testing for
evidence of exposure to HIV and any other causative agent of
AIDS, testing shall not be required.
(c) No person may intentionally, knowingly, recklessly,
or negligently use the semen, corneas, bones, organs, or
other human tissue of a donor unless the requirements of
subsection (b) have been met. No person may intentionally,
knowingly, recklessly, or negligently use the semen, corneas,
bones, organs, or other human tissue of a donor who has
tested positive for exposure to HIV or any other identified
causative agent of AIDS. Violation of this subsection (c)
shall be a Class 4 felony.
(d) For the purposes of this Section, "human tissue"
shall not be construed to mean whole blood or its component
parts.
For the purposes of this Section, "tissue bank" means any
facility or program that is involved in procuring,
furnishing, donating, processing, or distributing corneas,
bones, organs, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them in the
human body.
(Source: P.A. 85-1209.)
(20 ILCS 2310/2310-335 new)
(was 20 ILCS 2310/55.43) (from Ch. 127, par. 55.43)
Sec. 2310-335. Alzheimer's disease; exchange of
information; autopsies. 55.43.
(a) The Department of Public Health shall establish
policies, procedures, standards, and criteria for the
collection, maintenance, and exchange of confidential
personal and medical information necessary for the
identification and evaluation of victims of Alzheimer's
disease and related disorders, and for the conduct of
consultation, referral, and treatment through personal
physicians, primary Alzheimer's centers, and regional
Alzheimer's assistance centers provided for in the
Alzheimer's Disease Assistance Act, enacted by the 84th
General Assembly. These Such requirements shall include
procedures for obtaining the necessary consent of a patient
or guardian to the disclosure and exchange of that such
information among providers of services service within an
Alzheimer's disease assistance network, and for the
maintenance of the such information in a centralized medical
information system administered by a regional Alzheimer's
center. Nothing in this Section requires disclosure or
exchange of information pertaining to confidential
communications between patients and therapists, or disclosure
or exchange of information contained within a therapist's
personal notes.
(b) Any person identified as a victim of Alzheimer's
disease or a related disorder under the Alzheimer's Disease
Assistance Act, enacted by the 84th General Assembly, shall
be provided information regarding the critical role that
autopsies play in the diagnosis and in the conduct of
research into the cause and cure of Alzheimer's disease and
related disorders. The Such person, or the spouse or
guardian of the such person, shall be encouraged to consent
to an autopsy upon the person's his death.
The Department of Public Health shall provide information
to medical examiners and coroners in this State regarding the
importance of autopsies in the diagnosis and in the conduct
of research into the causes and cure of Alzheimer's disease
and related disorders. The Department shall also arrange for
education and training programs that will enable medical
examiners and coroners to conduct autopsies necessary for a
proper diagnosis of Alzheimer's disease or related disorders
as the cause or a contributing factor to a death.
(Source: P.A. 84-1308.)
(20 ILCS 2310/2310-340 new)
(was 20 ILCS 2310/55.68) (from Ch. 127, par. 55.68)
Sec. 2310-340. 55.68. Bone marrow donor education. From
funds made available by the General Assembly for the purpose
of bone marrow donor education, the Director of Public Health
shall:
(1) (a) Educate residents of the State about (i)
the need for bone marrow donors; (ii) the procedures
required to become registered as a potential bone marrow
donor, including the procedures for determining the
person's tissue type; and (iii) the medical procedures a
donor must undergo to donate bone marrow and the
attendant risks of the procedure.
(2) (b) Make special efforts to educate and recruit
minority populations to volunteer as potential bone
marrow donors. Means of communication may include use of
press, radio, and television, and placement of
educational materials in appropriate health care
facilities, blood banks, and State and local agencies.
(3) (c) Conduct a bone marrow donor drive to
encourage State employees to volunteer to be potential
bone marrow donors. The drive shall include educational
materials and presentations that explain the need for
bone marrow donors, and the procedures for becoming
registered as a potential bone marrow donor. The
Director of Central Management Services shall provide
assistance as needed to organize and conduct the drive.
(4) (d) In conjunction with the Secretary of State,
make educational materials available at all places where
driver's licenses are issued or renewed.
(Source: P.A. 87-659; 87-895.)
(20 ILCS 2310/2310-345 new)
(was 20 ILCS 2310/55.49) (from Ch. 127, par. 55.49)
Sec. 2310-345. Breast cancer; written summary regarding
early detection and treatment. 55.49.
(a) From funds made available for this purpose, the
Department of Public Health shall publish, in layman's
language, a standardized written summary outlining methods
for the early detection and diagnosis of breast cancer. The
summary shall include recommended guidelines for screening
and detection of breast cancer through the use of techniques
that shall include but not be limited to self-examination and
diagnostic radiology.
(b) The summary shall also suggest that women seek
mammography services from facilities that are certified to
perform mammography as required by the federal Mammography
Quality Standards Act of 1992.
(c) The summary shall also include the medically viable
alternative methods for the treatment of breast cancer,
including, but not limited to, hormonal, radiological,
chemotherapeutic, or surgical treatments, or combinations
thereof. The summary shall contain information on breast
reconstructive surgery, including, but not limited to, the
use of breast implants and their side effects. The summary
shall inform the patient of the advantages, disadvantages,
risks, and dangers of the various procedures. The summary
shall include (i) a statement that mammography is the most
accurate method for making an early detection of breast
cancer, however, no diagnostic tool is 100% effective and
(ii) instructions for instructions for performing breast
self-examination and a statement that it is important to
perform a breast self-examination monthly.
(d) In developing the summary, the Department shall
consult with the Advisory Board of Cancer Control, the
Illinois State Medical Society and consumer groups. The
summary shall be updated by the Department every 2 years.
(e) The summaries shall additionally be translated into
Spanish, and the Department shall conduct a public
information campaign to distribute the summaries to the
Hispanic women of this State in order to inform them of the
importance of early detection and mammograms.
(f) The Department shall distribute the summary to
hospitals, public health centers, and physicians who are
likely to perform or order diagnostic tests for breast
disease or treat breast cancer by surgical or other medical
methods. Those hospitals, public health centers, and
physicians shall make the summaries available to the public.
The Department shall also distribute the summaries to any
person, organization, or other interested parties upon
request. The summaries may be duplicated by any person,
provided the such copies are identical to the current summary
prepared by the Department.
(g) The summary shall display, on the inside of its
cover, printed in capital letters, in bold face type, the
following paragraph:
"The information contained in this brochure regarding
recommendations for early detection and diagnosis of breast
disease and alternative breast disease treatments is only for
the purpose of assisting you, the patient, in understanding
the medical information and advice offered by your physician.
This brochure cannot serve as a substitute for the sound
professional advice of your physician. The availability of
this brochure or the information contained within is not
intended to alter, in any way, the existing physician-patient
relationship, nor the existing professional obligations of
your physician in the delivery of medical services to you,
the patient."
(h) The summary shall be updated when necessary.
(Source: P.A. 89-187, eff. 7-19-95.)
(20 ILCS 2310/2310-350 new)
(was 20 ILCS 2310/55.70)
Sec. 2310-350. 55.70. Breast and Cervical Cancer Research
Fund. From funds appropriated from the Breast and Cervical
Cancer Research Fund, the Department of Public Health shall
award grants to eligible physicians, hospitals, laboratories,
education institutions, and other organizations and persons
to enable organizations and persons to conduct research. For
the purposes of this Section, "research" includes, but is not
limited to, expenditures to develop and advance the
understanding, techniques, and modalities effective in early
detection, prevention, cure, screening, and treatment of
breast and cervical cancer and may include clinical trials.
Moneys received for the purposes of this Section,
including but not limited to income tax checkoff receipts and
gifts, grants, and awards from private foundations, nonprofit
organizations, other governmental entities, and persons shall
be deposited into the Breast and Cervical Cancer Research
Fund, which is hereby created as a special fund in the State
treasury.
The Department of Public Health shall create an advisory
committee with members from, but not limited to, the Illinois
Chapter of the American Cancer Society, Y-Me, and the State
Board of Health for the purpose of awarding research grants
under this Section. Members of the advisory committee shall
not be eligible for any financial compensation or
reimbursement.
(Source: P.A. 88-85; 88-459; 88-670, eff. 12-2-94.)
(20 ILCS 2310/2310-352 new)
(was 20 ILCS 2310/55.86)
Sec. 2310-352. 55.86. Children's Cancer Fund; grants.
From funds appropriated from the Children's Cancer Fund, a
special fund created in the State treasury, the Department of
Human Services shall make grants to public or private
entities in Illinois, including the Mitchell Ross Children's
Cancer Fund and the Cancer Wellness Center, for the purposes
of funding (i) research into causes, prevention, and
treatment of cancer in children and (ii) direct
community-based supportive services and programs that address
the psychological, emotional, and social needs of children
with cancer and their family members.
(Source: P.A. 90-171, eff. 7-23-97.)
(20 ILCS 2310/2310-355 new)
(was 20 ILCS 2310/55.23) (from Ch. 127, par. 55.23)
Sec. 2310-355. Cancer, heart disease, and other chronic
diseases. 55.23. To promote necessary measures to reduce the
mortality from cancer, heart disease, and other chronic
diseases.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-360 new)
(was 20 ILCS 2310/55.80)
Sec. 2310-360. 55.80. Division chief of dental health.
The Department shall select a division chief of dental health
who shall be a dentist licensed under the Illinois Dental
Practice Act. The division chief of dental health shall
plan, direct, and coordinate all dental public health
programs within the State of Illinois and shall integrate
dental public health programs with other local, State, and
national health programs; shall serve as the Department's
chief advisor on matters involving dental health; shall
maintain direction for monitoring and supervising the
statewide fluoridation program within Illinois; and shall
plan, implement, and evaluate all dental programs within the
Department.
(Source: P.A. 89-44, eff. 1-1-96; 89-626, eff. 8-9-96.)
(20 ILCS 2310/2310-365 new)
(was 20 ILCS 2310/55.31b) (from Ch. 127, par. 55.31b)
Sec. 2310-365. Health and Hazardous Substances Registry.
55.31b. To require hospitals, laboratories, or other
facilities in the State to report each incidence of cancer
diagnosed by those such hospitals, laboratories, or
facilities, along with any other information the Department
may require in order to develop a Health and Hazardous
Substances Registry pursuant to the Illinois Health and
Hazardous Substances Registry Act.
The Department shall promulgate rules and regulations as
are necessary to implement the provisions of this Section
pursuant to the Illinois Administrative Procedure Act.
(Source: P.A. 84-290.)
(20 ILCS 2310/2310-370 new)
(was 20 ILCS 2310/55.76)
Sec. 2310-370. 55.76. Heart Disease Treatment and
Prevention Fund; grants. From funds appropriated from the
Heart Disease Treatment and Prevention Fund, a special fund
created in the State treasury, the Illinois Department of
Public Health shall make grants to public and private
agencies for the purposes of funding (i) research into
causes, prevention, and treatment of heart disease and (ii)
public education relating to treatment and prevention of
heart disease with the State of Illinois.
(Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95.)
(20 ILCS 2310/2310-375 new)
(was 20 ILCS 2310/55.36) (from Ch. 127, par. 55.36)
Sec. 2310-375. Hepatitis report. 55.36. To report to
the General Assembly by March 1 of every odd-numbered year
regarding research development in preventing the transmission
of and isolating hepatitis viruses. The Such report shall
include evaluations of better blood testing procedures prior
to the transfusion of blood, yearly comparisons of the
transmission rate and frequency of hepatitis viruses due to
the transfusion of blood, and summaries summarizations of
research projects during each 2-year period. The filing of
one copy of the report with the Clerk of the House of
Representatives and one copy with the Secretary of the Senate
shall be deemed sufficient to comply with this Section.
(Source: P.A. 80-753.)
(20 ILCS 2310/2310-380 new)
(was 20 ILCS 2310/55.52) (from Ch. 127, par. 55.52)
Sec. 2310-380. Prenatal transmission of HIV infection.
55.52. The Department shall develop and implement a public
education program to reduce the prenatal transmission of HIV
infection. The program shall be targeted toward population
groups whose behavior places them at the risk of HIV
infection. The program shall target women specifically, and
any materials included in the program shall be in English and
in Spanish.
(Source: P.A. 89-363, eff. 1-1-96.)
(20 ILCS 2310/2310-385 new)
(was 20 ILCS 2310/55.31a) (from Ch. 127, par. 55.31a)
Sec. 2310-385. Hospice care. 55.31a. To provide
education and consultation in relation to hospice care.
As used in this Section, "hospice" means a program that
provides specialized care for terminally ill persons.
(Source: P.A. 81-1392.)
(20 ILCS 2310/2310-390 new)
(was 20 ILCS 2310/55.65) (from Ch. 127, par. 55.65)
Sec. 2310-390. 55.65. Lyme disease. The Department of
Public Health shall establish policies, procedures,
standards, and criteria for the collection, maintenance, and
exchange of medical information necessary for the
identification and evaluation of Lyme disease. The
Department shall include in its public health promotion
programs and materials the medical information about the
symptoms, causes, prevention, and treatment of Lyme disease
and how treatment may be obtained.
(Source: P.A. 87-295; 87-895.)
(20 ILCS 2310/2310-392 new)
(was 20 ILCS 2310/55.85)
Sec. 2310-392. 55.85. Grants from the Mental Health
Research Fund. From funds appropriated from the Mental Health
Research Fund, the Department of Human Services shall award
grants to organizations in Illinois, for the purpose of
research of mental illness.
(Source: P.A. 90-171, eff. 7-23-97; 90-655, eff. 7-30-98.)
(20 ILCS 2310/2310-395 new)
(was 20 ILCS 2310/55.72)
Sec. 2310-395. 55.72. Task Force on Organ
Transplantation.
(a) There is established within the Department of Public
Health a Task Force on Organ Transplantation ("the Task
Force"). The Task Force shall have the following 21 members:
(1) The Director of Public Health, ex officio, or
his or her designee.
(2) The Secretary of State, ex officio, or his or
her designee.
(3) Four members, appointed one each by the
President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives.
(4) Fifteen members appointed by the Director of
Public Health as follows: 2 physicians (at least one of
whom shall have experience in organ transplantation); one
representative of medical schools; one representative of
hospitals; one representative of insurers or
self-insurers; one representative of an organization
devoted to organ donation or the coordination of organ
donations; one representative of an organization that
deals with tissue donation or the coordination of tissue
donations; one representative from the Illinois
Department of Public Aid; one representative from the
Illinois Eye Bank Community; one representative from the
Illinois Hospital and Health Systems Association; one
representative from the Illinois State Coroners
Association; one representative from the Illinois State
Medical Society; one representative from Mid-America
Transplantation Services; and 2 members of the general
public who are knowledgeable in areas of the Task Force's
work.
(b) The Task Force shall conduct a comprehensive
examination of the medical, legal, ethical, economic, and
social issues presented by human organ procurement and
transplantation.
(c) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly on
or before January 1, of each year, and the Task Force's final
report shall be filed on or before January 1, 1999. The
report shall include, but need not be limited to, the
following:
(1) An assessment of public and private efforts to
procure human organs for transplantation and an
identification of factors that diminish the number of
organs available for transplantation.
(2) An assessment of problems in coordinating the
procurement of viable human organs and tissue including
skin and bones.
(3) Recommendations for the education and training
of health professionals, including physicians, nurses,
and hospital and emergency care personnel, with respect
to organ procurement.
(4) Recommendations for the education of the
general public, the clergy, law enforcement officers,
members of local fire departments, and other agencies and
individuals that may be instrumental in affecting organ
procurement.
(5) Recommendations for ensuring assuring equitable
access by patients to organ transplantation and for
ensuring assuring the equitable allocation of donated
organs among transplant centers and among patients
medically qualified for an organ transplant.
(6) An identification of barriers to the donation
of organs to patients (with special emphasis on pediatric
patients), including an assessment of each of the
following:
(A) Barriers to the improved identification of
organ donors and their families and organ
recipients.
(B) The number of potential organ donors and
their geographical distribution.
(C) Current health care services provided for
patients who need organ transplantation and organ
procurement procedures, systems, and programs that
affect those patients.
(D) Cultural factors affecting the facility
with respect to the donation of the organs.
(E) Ethical and economic issues relating to
organ transplantation needed by chronically ill
patients.
(7) An analysis of the factors involved in
insurance reimbursement for transplant procedures by
private insurers and the public sector.
(8) An analysis of the manner in which organ
transplantation technology is diffused among and adopted
by qualified medical centers, including a specification
of the number and geographical distribution of qualified
medical centers using that technology and an assessment
of whether the number of centers using that technology is
sufficient or excessive and whether the public has
sufficient access to medical procedures using that
technology.
(9) Recommendations for legislative changes
necessary to make organ transplants more readily
available to Illinois citizens.
(d) The Director of Public Health shall review the
progress of the Task Force to determine the need for its
continuance, and the Director shall report this determination
to the Governor and the General Assembly on or before January
1, 1999.
(Source: P.A. 88-129; 88-670, eff. 12-2-94; 89-555, eff.
7-26-96.)
(20 ILCS 2310/2310-397 new)
(was 20 ILCS 2310/55.90)
Sec. 2310-397. 55.90. Prostate and testicular cancer
awareness program. The Department of Public Health, subject
to appropriation or other available funding, shall conduct a
program to promote awareness and early detection of prostate
and testicular cancer. The program may include, but need not
be limited to:
(1) Dissemination of information regarding the
incidence of prostate and testicular cancer, the risk
factors associated with prostate and testicular cancer,
and the benefits of early detection and treatment.;
(2) Promotion of information and counseling about
treatment options.; and
(3) Promotion of referral services and screening
programs.
(Source: P.A. 90-599, eff. 1-1-99.)
(20 ILCS 2310/2310-400 new)
(was 20 ILCS 2310/55.83)
Sec. 2310-400. 55.83. Sarcoidosis. The Department of
Public Health shall make available, to the general public,
information on the disease known as sarcoidosis. The
information shall include symptoms and treatments of the
disease and the address for the Sarcoidosis Research Center.
(Source: P.A. 89-476, eff. 1-1-97.)
(20 ILCS 2310/2310-405 new)
(was 20 ILCS 2310/55.55) (from Ch. 127, par. 55.55)
Sec. 2310-405. Sexually transmitted diseases; inherited
metabolic diseases. 55.55. The Department of Public Health
shall prepare a brochure describing sexually transmitted
diseases (including, without limitation, acquired
immunodeficiency syndrome, or AIDS) and inherited metabolic
diseases (including, without limitation, hemophilia, sickle
cell anemia, and Tay-Sachs disease). The descriptions shall
include discussion of the ways in which the diseases are
transmitted and ways to avoid contacting the diseases. With
respect to inherited metabolic diseases, the brochure shall
include recommendations that persons who are susceptible to
contacting those such diseases obtain genetic counseling. The
brochure shall be distributed to each county clerk's office
in the State and to any other office where applications for a
marriage license are taken, to be distributed free of charge
to persons applying for a marriage license or others.
(Source: P.A. 86-884; 86-1028.)
(20 ILCS 2310/2310-410 new)
(was 20 ILCS 2310/55.42) (from Ch. 127, par. 55.42)
Sec. 2310-410. Sickle cell disease. 55.42. To conduct a
public information campaign for physicians, hospitals, health
facilities, public health departments, and the general public
on sickle cell disease, methods of care, and treatment
modalities available; to identify and catalogue sickle cell
resources in this State for distribution and referral
purposes; and, to coordinate services with the established
programs, including State, federal, and voluntary groups.
(Source: P.A. 84-412.)
(20 ILCS 2310/2310-415 new)
(was 20 ILCS 2310/55.81)
Sec. 2310-415. 55.81. Violent injury reporting.
(a) The Illinois Department of Public Health shall
require hospitals and other facilities in the State to
report, in a manner determined by rule, each injury allegedly
caused by a violent act. The Illinois Department of Public
Health shall coordinate this reporting with existing
reporting requirements such as trauma and head and neck
injury reporting to reduce duplication of reporting. All
information and data reported shall be confidential and
privileged in accordance with Part 21 of Article VIII of the
Code of Civil Procedure, except as provided in subsection
(b).
(b) The Illinois Department of Public Health shall
compile the reports required under subsection (a) and shall
determine the impact of violent acts on children. The
Department shall, using only data from which the identity of
an individual cannot be ascertained, reconstructed, or
verified and to which the identity of an individual cannot be
linked by a recipient of the data, report its findings to the
General Assembly by December 31, 1997, and every 2 years
thereafter.
(Source: P.A. 89-242, eff. 8-4-95; 89-626, eff. 8-9-96;
90-162, eff. 7-23-97.)
(20 ILCS 2310/2310-420 new)
(was 20 ILCS 2310/55.74)
Sec. 2310-420. 55.74. Violence and homicide; injury
prevention.
(a) Utilizing existing resources, the Department of
Public Health may examine the impact of violence and homicide
on the public health and safety of Illinois residents,
especially children. Based on their findings, the Department
shall, if warranted, declare violence and homicide a public
health epidemic and recommend anti-violence and homicide
prevention programs to the Illinois General Assembly.
(b) The Section on Injury Prevention is created within
the Department of Public Health. The Section on Injury
Prevention is charged with coordination and expansion of
prevention and control activities related to intentional and
unintentional injuries. The duties of the Section on Injury
Prevention may include, but may not be limited to, the
following:
(1) To serve as a data coordinator and analysis
source of mortality and injury statistics for other State
agencies.
(2) To integrate an injury and violence prevention
focus within the Department of Public Health.
(3) To develop collaborative relationships with
other State agencies and private and community
organizations to establish programs promoting injury
prevention, awareness, and education to reduce
automobile, motorcycle, and bicycle injuries and
interpersonal violence, including homicide, child abuse,
youth violence, domestic violence, sexual assault, and
elderly abuse.
(4) To support the development of comprehensive
community-based injury and violence prevention
initiatives within municipalities of this State.
(5) To identify possible sources of funding to
establish and continue programs to promote prevention of
intentional and unintentional injuries.
(Source: P.A. 88-312; 88-622, eff. 1-1-95; 88-670, eff.
12-2-94.)
(20 ILCS 2310/2310-425 new)
(was 20 ILCS 2310/55.66) (from Ch. 127, par. 55.66)
Sec. 2310-425. 55.66. Health care summary for women.
(a) From funds made available from the General Assembly
for this purpose, the Department of Public Health shall
publish in plain language, in both an English and a Spanish
version, a pamphlet providing information regarding health
care for women which shall include the following:
(1) A summary of the various medical conditions,
including cancer, sexually transmitted diseases,
endometriosis, or other similar diseases or conditions
widely affecting women's reproductive health, that may
require a hysterectomy or other treatment.
(2) A summary of the recommended schedule and
indications for physical examinations, including, "pap
smears" or other tests designed to detect medical
conditions of the uterus and other reproductive organs.
(3) A summary of the widely accepted medical
treatments, including viable alternatives, that may be
prescribed for the medical conditions specified in
paragraph (1).
(b) In developing the summary the Department shall
consult with the Illinois State Medical Society and consumer
groups. The summary shall be updated by the Department every
2 years.
(c) The Department shall distribute the summary to
hospitals, public health centers, and physicians who are
likely to treat medical conditions described in paragraph (1)
of subsection (a). Those hospitals, public health centers,
and physicians shall make the summaries available to the
public. The Department shall also distribute the summaries to
any person, organization, or other interested parties upon
request. The summary may be duplicated by any person provided
the such copies are identical to the current summary prepared
by the Department.
(d) The summary shall display on the inside of its
cover, printed in capital letters and bold face type, the
following paragraph:
"The information contained in this brochure is only for
the purpose of assisting you, the patient, in understanding
the medical information and advice offered by your physician.
This brochure cannot serve as a substitute for the sound
professional advice of your physician. The availability of
this brochure or the information contained within is not
intended to alter, in any way, the existing physician-patient
relationship, nor the existing professional obligations of
your physician in the delivery of medical services to you,
the patient."
(Source: P.A. 87-335; 87-895.)
(20 ILCS 2310/2310-430 new)
(was 20 ILCS 2310/55.69) (from Ch. 127, par. 55.69)
Sec. 2310-430. 55.69. Women's health issues.
(a) The Department of Public Health shall designate a
member of its staff to handle women's health issues not
currently or adequately addressed by the Department.
(b) The staff person's duties shall include, without
limitation:
(1) Assisting in the assessment of the health needs
of women in the State.
(2) Recommending treatment methods and programs
that are sensitive and relevant to the unique
characteristics of women.
(3) Promoting awareness of women's health concerns
and encouraging, promoting, and aiding in the
establishment of women's services.
(4) Providing adequate and effective opportunities
for women to express their views on Departmental policy
development and program implementation.
(Source: P.A. 87-983.)
(20 ILCS 2310/2310-435 new)
(was 20 ILCS 2310/55.44) (from Ch. 127, par. 55.44)
Sec. 2310-435. Smoking cessation program for WIC
participants. 55.44.
(a) (Blank).
(b) (Blank).
(c) The Department of Public Health, in cooperation with
the Department of Human Services, shall maintain a smoking
cessation program for participants in the Women, Infants and
Children Nutrition Program. The program shall include, but
not be limited to, tobacco use screening, education on the
effects of tobacco use, and smoking cessation counseling and
referrals.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2310/2310-440 new)
(was 20 ILCS 2310/55.54) (from Ch. 127, par. 55.54)
Sec. 2310-440. Pregnant women; medical consequences of
alcohol, drug, and tobacco use and abuse. 55.54. The
Department of Public Health shall, from funds appropriated
for that such purpose, conduct an ongoing, statewide
education program to inform pregnant women of the medical
consequences of alcohol, drug, and tobacco use and abuse.
(Source: P.A. 86-878; 86-1028.)
(20 ILCS 2310/2310-442 new)
(was 20 ILCS 2310/55.84)
Sec. 2310-442. 55.84. Breast feeding; public information
campaign. The Department of Public Health may conduct an
information campaign for the general public to promote breast
feeding of infants by their mothers. The Department may
include the information in a brochure prepared under Section
2310-305 55.64 or in a brochure that shares other information
with the general public and is distributed free of charge.
If the Department includes the information required under
this Section in a brochure authorized or required under
another provision of law, the Department may continue to use
existing stocks of that brochure before adding the
information required under this Section but shall add that
information in the next printing of the brochure. The
information required under this Section may be distributed to
the parents or legal custodians of each newborn upon
discharge of the infant from a hospital or other health care
facility.
(Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.)
(20 ILCS 2310/2310-445 new)
(was 20 ILCS 2310/55.71)
Sec. 2310-445. 55.71. Interagency council on health care
for pregnant women and infants.
(a) On or before January 1, 1994, the Director, of
Public Health in cooperation with the Director of Public Aid,
the Director of Children and Family Services, the Director of
Alcoholism and Substance Abuse, and the Director of
Insurance, shall develop and submit to the Governor a
proposal for consolidating all existing health programs
required by law for pregnant women and infants into one
comprehensive plan to be implemented by one or several
agencies. The proposal shall:
(1) include a time schedule for implementing the
plan;
(2) provide a cost estimate of the plan;
(3) identify federal waivers necessary to implement
the plan;
(4) examine innovative programs; and
(5) identify sources of funding for the plan.
(b) The plan developed under subsection (a) shall
provide the following services statewide:
(1) Comprehensive prenatal services for all
pregnant women who qualify for existing programs through
the Department of Public Aid or the Department of Public
Health or any other government-funded programs.;
(2) Comprehensive medical care for all infants
under 1 year of age.;
(3) A case management system under which each
family with a child under the plan is assigned a case
manager and under which every reasonable effort is made
to assure continuity of case management and access to
other appropriate social services.; and
(4) Services regardless of and fees for services
based on clients' ability to pay.
(Source: P.A. 88-312.)
(20 ILCS 2310/2310-500 new)
(was 20 ILCS 2310/55.07) (from Ch. 127, par. 55.07)
Sec. 2310-500. Sanitary investigations. 55.07. To make
such sanitary investigations that as it may, from time to
time, deem necessary for the preservation and improvement of
health.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-505 new)
(was 20 ILCS 2310/55.08) (from Ch. 127, par. 55.08)
Sec. 2310-505. Nuisances; questions affecting security
of life and health. 55.08. To make examinations into
nuisances and questions affecting the security of life and
health in any locality in the State.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-510 new)
(was 20 ILCS 2310/55.15) (from Ch. 127, par. 55.15)
Sec. 2310-510. Investigations for preservation and
improvement of health. 55.15. To make investigations and
inquiries with respect to the causes of disease and death;,
and to investigate the effect of environment, including
conditions of employment and other conditions that which may
affect health;, and to make such other investigations that as
it may deem necessary for the preservation and improvement of
health.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-530 new)
(was 20 ILCS 2310/55.04) (from Ch. 127, par. 55.04)
Sec. 2310-530. Recreational, migrant labor, and other
camps. 55.04. To inspect recreational, tourist, migrant
labor, and automobile trailer camps and to prepare and
enforce rules and regulations governing their construction
and operations to the end that they will be constructed and
maintained in a sanitary manner.
(Source: Laws 1961, p. 3894.)
(20 ILCS 2310/2310-535 new)
(was 20 ILCS 2310/55.21) (from Ch. 127, par. 55.21)
Sec. 2310-535. Public hospitals, sanitaria, and other
institutions. 55.21. To inspect, from time to time, all
hospitals, sanitaria, and other institutions conducted by
county, city, village, or township authorities and to report
as to the sanitary conditions and needs of those such
hospitals, sanitaria, and institutions to the official
authority having jurisdiction over them.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-540 new)
(was 20 ILCS 2310/55.31) (from Ch. 127, par. 55.31)
Sec. 2310-540. General hospitals; minimum standards for
operation; uterine cytologic examinations for cancer. 55.31.
To establish and enforce minimum standards for the operation
of all general hospitals. The, which standards shall include
the requirement that every hospital licensed by the State of
Illinois shall offer a uterine cytologic examination for
cancer to every female in-patient 20 years of age or over
unless considered contra-indicated by the attending physician
or unless it has been performed within the previous year.
Every woman for whom the test is applicable shall will have
the right to refuse the such test on the counsel of the
attending physician or on her own judgment. The hospital
shall will in all cases maintain records to show either the
results of the test or that the test was not applicable or
that it was refused.
(Source: P.A. 78-292.)
(20 ILCS 2310/2310-545 new)
(was 20 ILCS 2310/55.20) (from Ch. 127, par. 55.20)
Sec. 2310-545. Charitable, penal, and reformatory
institutions; normal schools. 55.20. To make sanitary,
health, and other inspections and examinations for the
charitable, penal, and reformatory institutions and the
normal schools.
(Source: Laws 1951, p. 1512.)
(20 ILCS 2310/2310-550 new)
(was 20 ILCS 2310/55.40) (from Ch. 127, par. 55.40)
Sec. 2310-550. Long-term care facilities. 55.40. The
Department may perform in all long-term care facilities, as
defined in the Nursing Home Care Act, all such inspection,
evaluation, certification, and inspection of care duties that
as the federal government may require the State of Illinois
to perform or have performed as a condition of participation
in any programs under Title XVIII or Title XIX of the federal
Social Security Act.
(Source: P.A. 86-820.)
(20 ILCS 2310/2310-555 new)
(was 20 ILCS 2310/55.06) (from Ch. 127, par. 55.06)
Sec. 2310-555. Public swimming pools; bathing places.
55.06. To examine artificially constructed public swimming
pools and prepare and enforce rules and regulations governing
their construction, operation, and use to the end that they
will be constructed and maintained in a sanitary manner; to
inspect natural and semi-natural bathing places to determine
conformance with Department's recommendation for operation
and maintenance of those such areas, and to have the
authority to require closing of any area when that such
action is considered necessary to prevent possible spread of
infection or disease.
(Source: Laws 1957, p. 2448.)
(20 ILCS 2310/2310-560 new)
(was 20 ILCS 2310/55.87)
Sec. 2310-560. 55.87. Advisory committee concerning
construction of facilities. The Director of Public Health
shall appoint an advisory committee. The which committee
shall be established by the Department by rule. The Director
and the Department shall consult with the advisory committee
concerning the application of building codes and Department
rules related to those building codes to facilities under the
Ambulatory Surgical Treatment Center Act, the Nursing Home
Care Act, and the Hospital Licensing Act.
(Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.)
(20 ILCS 2310/2310-565 new)
(was 20 ILCS 2310/55.88)
Sec. 2310-565. 55.88. Facility construction training
program. The Department shall conduct, at least annually, a
joint in-service training program for architects, engineers,
interior designers, and other persons involved in the
construction of a facility under the Ambulatory Surgical
Treatment Center Act, the Nursing Home Care Act, or the
Hospital Licensing Act on problems and issues relating to the
construction of facilities under any of those Acts.
(Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.)
(20 ILCS 2310/2310-575 new)
(was 20 ILCS 2310/55.10) (from Ch. 127, par. 55.10)
Sec. 2310-575. Laboratories and blood banks; minimum
standards and examinations. 55.10. To establish and enforce
minimum standards for the operation of laboratories,
including clinical laboratories and blood banks, making
examinations in connection with the diagnosis of disease or
tests for the evaluation of health hazards.
(Source: Laws 1965, p. 3238.)
(20 ILCS 2310/2310-580 new)
(was 20 ILCS 2310/55.11) (from Ch. 127, par. 55.11)
Sec. 2310-580. Certificate of competency to make
laboratory tests. 55.11. To issue certificates of competency
to persons and laboratories making laboratory tests in
connection with the diagnosis of disease or for the
evaluation of health hazards and to prepare and enforce rules
and regulations relative to the issuance and use of such
certificates.
(Source: Laws 1965, p. 3238.)
(20 ILCS 2505/Art. 2505 heading new)
ARTICLE 2505. DEPARTMENT OF REVENUE
(20 ILCS 2505/2505-1 new)
Sec. 2505-1. Article short title. This Article 2505 of
the Civil Administrative Code of Illinois may be cited as the
Department of Revenue Law.
(20 ILCS 2505/2505-5 new)
Sec. 2505-5. Definitions. In this Law:
"Department" means the Department of Revenue.
"Director" means the Director of Revenue.
(20 ILCS 2505/2505-10 new)
(was 20 ILCS 2505/39b) (from Ch. 127, par. 39b)
Sec. 2505-10. Powers, generally. 39b. The Department of
Revenue has the powers enumerated in the following Sections
39b1 to 39b50 each inclusive.
(Source: P.A. 86-610.)
(20 ILCS 2505/2505-15 new)
(was 20 ILCS 2505/39b1) (from Ch. 127, par. 39b1)
Sec. 2505-15. Municipal retailers' occupation and service
occupation taxes. The Department has the power 39b1. to
administer and enforce all ordinances and resolutions of
municipalities imposing a retailers' occupation tax or a
service occupation tax as authorized by Sections 8-11-1 and
8-11-5, respectively, of the "Illinois Municipal Code",
approved May 29, 1961, as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-20 new)
(was 20 ILCS 2505/39b2) (from Ch. 127, par. 39b2)
Sec. 2505-20. Motor Fuel Tax Law; Environmental Impact
Fee Law; fuel tax agreements and programs. 39b2.
(a) The Department has the power to administer and
enforce the rights, powers and duties contained in the Motor
Fuel Tax Law that, approved March 25, 1929, as amended, which
relate to the collection of revenues and to succeed to the
rights, powers, and duties previously exercised by the
Department of Finance in connection therewith; and to
administer and enforce all the rights, powers, and duties
that relate to the collection of fees under the Environmental
Impact Fee Law.
(b) The Department of Revenue is authorized to receive
federal funds provided for the purpose of facilitating
participation in the International Fuel Tax Agreement,
International Registration Plan, and other State fuel tax
agreements and programs relating to uniform motor fuel
taxation and compliance. Those funds shall be deposited in
the Motor Fuel Tax Fund and will be available to the
Department pursuant to appropriation for its administrative
expenses including technical assistance, personnel training,
travel costs, and technology and equipment associated with
that such participation. Those Such funds deposited in the
Motor Fuel Tax Fund shall not be distributed or allocated as
provided in the Motor Fuel Tax Law, but shall be reserved for
use by the Department.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
(20 ILCS 2505/2505-25 new)
(was 20 ILCS 2505/39b3) (from Ch. 127, par. 39b3)
Sec. 2505-25. Retailers' Occupation Tax Act. The
Department has the power 39b3. to administer and enforce all
the rights, powers, and duties contained in the Retailers'
Occupation Tax Act, approved June 28, 1933, as amended, to
collect all revenues thereunder and to succeed to all the
rights, powers, and duties previously exercised by the
Department of Finance in connection therewith.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-30 new)
(was 20 ILCS 2505/39b4) (from Ch. 127, par. 39b4)
Sec. 2505-30. Cigarette Tax Act. The Department has the
power 39b4. to administer and enforce all the rights, powers,
and duties contained in the Cigarette Tax Act, approved June
2, 1941, as amended, to collect all revenues thereunder and
to succeed to all the rights, powers, and duties previously
exercised by the Department of Finance in connection
therewith.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-35 new)
(was 20 ILCS 2505/39b5) (from Ch. 127, par. 39b5)
Sec. 2505-35. Public Utilities Revenue Act. The
Department has the power 39b5. to administer and enforce all
the rights, powers, and duties contained in the Public
Utilities Revenue Act, approved March 11, 1937, as amended,
to collect all revenues thereunder and to succeed to all the
rights, powers, and duties previously exercised by the
Department of Finance in connection therewith.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-40 new)
(was 20 ILCS 2505/39b6) (from Ch. 127, par. 39b6)
Sec. 2505-40. Liquor Control Act of 1934. The Department
has the power 39b6. to administer and enforce all the rights,
powers, and duties contained in Articles VII-A and VIII of
the Liquor Control Act of 1934 "An Act relating to alcoholic
liquor", approved January 31, 1934, as amended, to collect
all revenues thereunder and to succeed to all the rights,
powers, and duties previously exercised by the Department of
Finance in connection therewith.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-45 new)
(was 20 ILCS 2505/39b7) (from Ch. 127, par. 39b7)
Sec. 2505-45. Oil Inspection Act. The Department has the
power 39b7. to exercise the rights, powers, and duties
previously vested in the Department of Finance and its
predecessors by the Oil Inspection Act, approved June 26,
1929, as amended.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-60 new)
(was 20 ILCS 2505/39b10) (from Ch. 127, par. 39b10)
Sec. 2505-60. Statistical records of taxes collected. The
Department has the power 39b10. to maintain and preserve
adequate statistical records of taxes collected under each of
the foregoing laws set forth in the Sections following
Section 2505-10 and preceding this Section and to make those
such records available to the public.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-65 new)
(was 20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 2505-65. 39b12. Exchange of information.
(a) The Department has the power to exchange with any
state, with any or local subdivisions of any state thereof,
or with the federal government, except when specifically
prohibited by law, any information that which may be
necessary to efficient tax administration and that which may
be acquired as a result of the administration of the above
laws set forth in the Sections following Section 95-10 and
preceding Section 2505-60.
(b) The Department has the power to exchange with the
Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary,
the Department of Revenue shall not be liable to any person
for any disclosure of information to the Illinois Department
of Public Aid under this subsection (b) or for any other
action taken in good faith to comply with the requirements of
this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97.)
(20 ILCS 2505/2505-70 new)
(was 20 ILCS 2505/39b24) (from Ch. 127, par. 39b24)
Sec. 2505-70. Messages Tax Act; Gas Revenue Tax Act. The
Department has the power 39b24. to exercise all the rights,
powers, and duties vested in the said Department by the
Messages Tax Act, approved July 24, 1945, and the Gas Revenue
Tax Act, approved July 24, 1945.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-80 new)
(was 20 ILCS 2505/39b26) (from Ch. 127, par. 39b26)
Sec. 2505-80. Cigarette Use Tax Act. The Department has
the power 39b26. to exercise all the rights, powers, and
duties vested in the said Department by the "Cigarette Use
Tax Act", approved July 11, 1951, as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-85 new)
(was 20 ILCS 2505/39b27) (from Ch. 127, par. 39b27)
Sec. 2505-85. Hotel Operators' Occupation Tax Act. The
Department has the power 39b27. to exercise all the rights,
powers, and duties vested in the said Department by "the
Hotel Operators' Occupation Tax Act", approved July 6, 1961,
as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-90 new)
(was 20 ILCS 2505/39b28) (from Ch. 127, par. 39b28)
Sec. 2505-90. Use Tax Act. The Department has the power
39b28. to exercise all the rights, powers, and duties vested
in the said Department by the "Use Tax Act", approved July
14, 1955, as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-95 new)
(was 20 ILCS 2505/39b29) (from Ch. 127, par. 39b29)
Sec. 2505-95. County retailers' occupation and service
occupation taxes. The Department has the power 39b29. to
administer and enforce all ordinances and resolutions of
counties imposing a retailers' occupation tax or a service
occupation tax authorized by Sections 25.05-2 and 25.05-3,
respectively, of "An Act to revise the law in relation to
counties", approved March 31, 1874 (repealed), as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-100 new)
(was 20 ILCS 2505/39b30) (from Ch. 127, par. 39b30)
Sec. 2505-100. Service Occupation Tax Act; Service Use
Tax Act. The Department has the power 39b30. to exercise all
the rights, powers, and duties vested in the said Department
by the "Service Occupation Tax Act", approved July 10, 1961,
as amended, and the "Service Use Tax Act", approved July 10,
1961, as amended.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-105 new)
(was 20 ILCS 2505/39b31) (from Ch. 127, par. 39b31)
Sec. 2505-105. Coin-Operated Amusement Device and
Redemption Machine Tax Act. The Department has the power
39b31. to exercise all the rights, powers, and duties vested
in the Department by the Coin-Operated Amusement Device and
Redemption Machine Tax Act.
(Source: P.A. 87-895.)
(20 ILCS 2505/2505-175 new)
(was 20 ILCS 2505/39c-2) (from Ch. 127, par. 39c-2)
Sec. 2505-175. Business in interstate commerce;
restricted application of tax statutes. 39c-2. It is the
intent of the General Assembly that provisions in any
Illinois tax statute that restrict application of the statute
by stating substantially as follows:
"such taxes are not imposed with respect to any business
in interstate commerce, or otherwise to the extent to
which such business may not, under the Constitution and
statutes of the United States, be made the subject of
taxation by this State"
shall be construed to preclude taxation of only businesses
not subject to taxation under the latest interpretation of
the United States Constitution and statutes of the United
States.
(Source: P.A. 87-205.)
(20 ILCS 2505/2505-190 new)
(was 20 ILCS 2505/39c-4) (from Ch. 127, par. 39c-4)
Sec. 2505-190. Tax Compliance and Administration Fund.
39c-4. Amounts deposited into the Tax Compliance and
Administration Fund, a special fund in the State treasury
that is hereby created, must be appropriated to the
Department of Revenue to reimburse the Department for its
costs of collecting, administering, and enforcing the tax
laws that provide for deposits into the Fund.
(Source: P.A. 87-879; 88-45.)
(20 ILCS 2505/2505-200 new)
(was 20 ILCS 2505/39c-1a)
Sec. 2505-200. 39c-1a. Electronic filing rules. The
Department of Revenue may adopt rules to authorize the
electronic filing of any return or document required to be
filed under any Act administered by the Department. In the
case of an electronically filed return or other document
required to be filed with the Department or maintained by any
taxpayer, these rules may set forth standards that provide
for acceptance of a signature in a form other than in the
proper handwriting of the person.
(Source: P.A. 88-480; 88-672, eff. 12-14-94.)
(20 ILCS 2505/2505-205 new)
(was 20 ILCS 2505/39c-1b)
Sec. 2505-205. 39c-1b. Return by facsimile. Consistent
with rules adopted by the Department of Revenue, a person may
transmit, by facsimile, any return or document required to be
filed with the Department under any Act administered by the
Department. A signature on a return or other document filed
in accordance with regulations promulgated by the Department
and transmitted by facsimile is prima facie evidence for all
purposes that the document was actually signed by the person
whose signature appears on the facsimile.
(Source: P.A. 88-480.)
(20 ILCS 2505/2505-210 new)
(was 20 ILCS 2505/39c-1) (from Ch. 127, par. 39c-1)
Sec. 2505-210. Electronic funds transfer. 39c-1. The
Department of Revenue may provide means by which persons
having a tax liability under any Act administered by the
Department may use electronic funds transfer to pay the such
tax liability.
(Source: P.A. 87-205.)
(20 ILCS 2505/2505-215 new)
(was 20 ILCS 2505/39c-3) (from Ch. 127, par. 39c-3)
Sec. 2505-215. Installment agreements; guaranteed
remittance or automated clearing house debit payments.
39c-3. Any taxpayer who has entered into an installment
agreement for payment of a tax liability and who, during any
12-month period, has issued or delivered 3 or more checks or
other orders for payment that have been dishonored may be
required by the Department of Revenue to make future payments
by guaranteed remittance or to authorize automated clearing
house debit payments.
(Source: P.A. 87-879.)
(20 ILCS 2505/2505-250 new)
(was 20 ILCS 2505/39c) (from Ch. 127, par. 39c)
Sec. 2505-250. Compromising debts due to the State. 39c.
Under no circumstances shall any officer or employee of the
Department of Revenue compromise any debt due to this State,
except in case of actions of the Director after review by the
board of appeals provided for by Section 95-505 39b20.
However, claims or accounts receivable of less than $1,000
may be written off the Department's records and cancelled by
the Department without complying with the provisions of
Section 2 of the Uncollected State Claims Act "An Act in
relation to uncollected claims and accounts receivable of
State agencies", approved May 15, 1961, when the Department
determines that the cost of collecting the such claim or
account would exceed the amount to be collected. The
Department shall submit to the Comptroller a list of all such
claims or accounts written off the Department's records.
(Source: P.A. 84-1344.)
(20 ILCS 2505/2505-275 new)
(was 20 ILCS 2505/39e) (from Ch. 127, par. 39e)
Sec. 2505-275. Tax overpayments. 39e. In the case of
overpayment of any tax liability arising from an Act
administered by the Department, the Department may credit the
amount of the overpayment and any interest thereon against
any final tax liability arising under that or any other Act
administered by the Department.
(Source: P.A. 83-1416.)
(20 ILCS 2505/2505-300 new)
(was 20 ILCS 2505/39b15) (from Ch. 127, par. 39b15)
Sec. 2505-300. Failure or neglect to comply with tax
laws. The Department has the power 39b15. to request the
institution of proceedings, actions, and prosecutions to
enforce the laws relating to the penalties, liabilities, and
punishment of public officers, persons or officers or agents
or corporations for failure or neglect to comply with the
provisions of any law administered by the Department.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-305 new)
(was 20 ILCS 2505/39b15.1) (from Ch. 127, par. 39b15.1)
Sec. 2505-305. Investigators. The Department has the
power 39b15.1. to appoint investigators to conduct all
investigations, searches, seizures, arrests, and other duties
imposed under the provisions of any law administered by the
Department. The Such investigators have and may exercise all
the powers of peace officers solely for the purpose of
enforcing taxing measures administered by the Department.
(Source: P.A. 82-1009.)
(20 ILCS 2505/2505-310 new)
(was 20 ILCS 2505/39b15.2) (from Ch. 127, par. 39b15.2)
Sec. 2505-310. Obtaining evidence. The Department has the
power 39b15.2. to expend such sums that as the Director deems
necessary from contractual services appropriations for the
purchase of evidence and for the employment of persons to
obtain evidence. The Such sums shall be advanced to
investigators authorized by the Director to expend funds, on
vouchers signed by the Director.
In addition, the Director is authorized to maintain one
or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used solely for the purchase of evidence and for the
employment of persons to obtain evidence. No check may be
written on nor any withdrawal made from such an account
except on the written signature of 2 persons designated by
the Director to write those such checks and make those such
withdrawals. The balance of moneys on deposit in any such
account shall not exceed $5,000 at any time, nor shall any
one check written on or single withdrawal made from any such
account exceed $5,000.
(Source: P.A. 83-1416.)
(20 ILCS 2505/2505-315 new)
(was 20 ILCS 2505/39b16) (from Ch. 127, par. 39b16)
Sec. 2505-315. Taking testimony; requiring production of
documents. The Department has the power 39b16. to take
testimony and proof under oath and to require the production
of books, papers, and documents pertinent to any tax
assessment, levy, excise, investigation, inquiry, or hearing,
and for that purpose to subpoena and to compel the attendance
of witnesses and to issue subpoenas subpoena duces tecum.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-320 new)
(was 20 ILCS 2505/39b17) (from Ch. 127, par. 39b17)
Sec. 2505-320. Administrative oaths. The Department has
the power 39b17. to administer all oaths authorized or
required under the provisions of any of the laws under its
jurisdiction or to delegate that such power in writing, to
any officer or employee of the Department.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-340 new)
(was 20 ILCS 2505/39b35.1) (from Ch. 127, par. 39b35.1)
Sec. 2505-340. Notice of taxpayer's liability. 39b35.1.
If any notice is sent by the Department to a taxpayer
indicating that the taxpayer has underpaid any taxes or for
any other reason is liable for taxes, interest, or penalties,
the such notice shall include the telephone number of an
employee of the Department who shall be qualified to explain
what recourse the taxpayer may have in appealing the
Department's determination of liability.
(Source: P.A. 85-475.)
(20 ILCS 2505/2505-360 new)
(was 20 ILCS 2505/39b48) (from Ch. 127, par. 39b48)
Sec. 2505-360. Certificate by manager of taxpayer
records. 39b48. In any civil or criminal action under any
tax or fee statute of this State administered by the Illinois
Department of Revenue, a certificate made under the seal of
the Illinois Department of Revenue by the manager of taxpayer
records or the manager's his duly authorized deputy stating
that he or she had diligently searched available records of
the Department and
(1) not found a form or return required by law to
be filed with the Department or not found a record shall
be admissible to prove the absence of that such form,
return, or record, or
(2) not found a return or any other form required
by law or regulation to be filed with the Department
shall be admissible to prove the failure to file that
such return or form by any person required to do so.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
(20 ILCS 2505/2505-380 new)
(was 20 ILCS 2505/39b47) (from Ch. 127, par. 39b47)
Sec. 2505-380. Revocation of or refusal to issue a
certificate of registration, permit, or license. The
Department has the power 39b47. to refuse to issue or, after
notice and an opportunity for a hearing, to revoke a
certificate of registration, permit, or license issued or
authorized to be issued by the Department, if the applicant
for or holder of the such certificate of registration,
permit, or license fails to file a return, or to pay the tax,
fee, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, fee, penalty, or interest, as
required by the tax or fee Act under which the such
certificate of registration, permit, or license is required
or any other tax or fee Act administered by the Department.
The procedure for notice and hearing prior to revocation
shall be as provided under the Act pursuant to which the
certificate of registration, permit, or license was issued.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
(20 ILCS 2505/2505-400 new)
(was 20 ILCS 2505/39b49) (from Ch. 127, par. 39b49)
Sec. 2505-400. Contracts for collection assistance. The
Department has the power 39b49. to contract for collection
assistance on a contingent fee basis, with collection fees to
be retained by the collection agency and the net collections
to be paid to the Department.
(Source: P.A. 85-1223.)
(20 ILCS 2505/2505-405 new)
(was 20 ILCS 2505/39c-1c)
Sec. 2505-405. 39c-1c. Electronic filing of liens. The
Department of Revenue may adopt rules to provide for the
electronic filing of liens for any taxes required to be
administered by the Department.
(Source: P.A. 89-399, eff. 8-20-95.)
(20 ILCS 2505/2505-425 new)
(was 20 ILCS 2505/39b54)
Sec. 2505-425. 39b54. Public list of delinquent State
taxes.
(a) The Director may annually disclose a list of all
taxpayers, including but not limited to individuals, trusts,
partnerships, corporations, and other taxable entities, that
are delinquent in the payment of tax liabilities collected by
the Department. The list shall include only those taxpayers
with total final liabilities for all taxes collected by the
Department (including penalties and interest) in an amount
greater than $10,000 (or a such greater amount as established
by the Department by rule) for a period of 6 months (or a
such longer period as established by the Department by rule)
from the time that the taxes were assessed or became final,
as provided in the statute imposing the tax. The list shall
contain the name, address, types of taxes, month and year in
which each tax liability was assessed or became final, the
amount of each tax outstanding of each delinquent taxpayer,
and, in the case of a corporate taxpayer, the name of the
current president of record of the corporation.
(b) At least 90 days before the disclosure of the name
of any delinquent taxpayer prescribed in subsection (a), the
Director shall mail a written notice to each delinquent
taxpayer by certified mail addressed to the delinquent
taxpayer at his or her last or usual place of business or
abode detailing the amount and nature of the delinquency and
the intended disclosure of the delinquency. If the
delinquent tax has not been paid 60 days after the notice was
delivered or the Department has been notified that delivery
was refused or unclaimed, and the taxpayer has not, since the
mailing of the notice, either entered into a written
agreement with the Department for payment of the delinquency
or corrected a default in an existing agreement to the
satisfaction of the Director, the Director may disclose the
tax in the list of delinquent taxpayers.
(c) Unpaid taxes shall not be deemed to be delinquent
and subject to disclosure if (i) a written agreement for
payment exists without default between the taxpayer and the
Department or (ii) the tax liability is the subject of an
administrative hearing, administrative review, or judicial
review.
(d) The list shall be available for public inspection at
the Department or by other means of publication, including
the Internet.
(e) The Department shall prescribe reasonable rules for
the administration and implementation of this Section.
(f) Any disclosure made by the Director in a good faith
effort to comply with this Section shall not be considered a
violation of any statute prohibiting disclosure of taxpayer
information.
(Source: P.A. 90-753, eff. 1-1-99.)
(20 ILCS 2505/2505-450 new)
(was 20 ILCS 2505/39b18) (from Ch. 127, par. 39b18)
Sec. 2505-450. Monthly tax collection statements to
Governor. The Department has the power 39b18. to furnish the
Governor with monthly statements of its tax collections.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-475 new)
(was 20 ILCS 2505/39b32) (from Ch. 127, par. 39b32)
Sec. 2505-475. Tax record errors. 39b32. When the
Department, through its own error, has entered State tax on
its records under the wrong designation (such as recording a
use tax payment as retailers' occupation tax, or a retailers'
occupation tax payment as use tax, and so forth etc.), the
Department has the power to correct the such error on its
records and to notify the State Treasurer of the change so
that the Treasurer he can make the necessary corresponding
changes in the Treasurer's his records in case the erroneous
entry has been made in those his records. If the erroneous
entry in the Department's records is due to a mistake in
reporting by the taxpayer and the taxpayer agrees that he or
she has made a reporting error that which should be
corrected, the Department may correct its records accordingly
and notify the State Treasurer of the change so that the
Treasurer he can make the necessary corresponding changes in
the Treasurer's his records in case the erroneous entry has
been made in those his records.
The Department may similarly correct (i) errors in the
distribution, as between municipalities and counties, of
taxes that which are imposed by those such municipalities and
counties but collected for them by the Department as agent,
and (ii) errors by which State taxes are erroneously credited
as municipal or county tax or by which municipal or county
taxes are erroneously credited or recorded as State tax,
giving such notices to the State Treasurer as may be
necessary to enable the Treasurer him to make corresponding
corrections in the Treasurer's his records.
(Source: P.A. 76-220.)
(20 ILCS 2505/2505-500 new)
(was 20 ILCS 2505/39b11) (from Ch. 127, par. 39b11)
Sec. 2505-500. Department divisions. The Department has
the power 39b11. to establish such divisions, including
advisory divisions, that as may be necessary to assist in
maintaining adequate relationships with taxpayers and that as
will improve the administration of the taxing measures under
its control.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-505 new)
(was 20 ILCS 2505/39b20) (from Ch. 127, par. 39b20)
Sec. 2505-505. Board of appeals. The Department has the
power 39b20. to appoint a board of appeals, which shall
consist of 3 persons, to review departmental actions in
controversies involving the determination of tax liability
arising under the tax laws administered by the Department.
The board shall have no jurisdiction prior to the time a
notice of deficiency or a notice of assessment has become
final unless (i) (a) the board has made a special finding
concurred in by all members that action by the board is the
most efficient and expeditious manner of resolving the
controversy or (ii) (b) the Director so orders. Cases shall
be reviewed by the such board, in accordance with the
procedure established by departmental rules and regulations
adopted pursuant to the provisions of Section 2505-795 39b19.
Decisions made pursuant to this Section are not subject to
the provisions of Article III of the Code of Civil Procedure.
The exercise of the power of appointment for members of
the board of appeals is mandatory, and the Director shall
make his appointments within 120 days after the effective
date of this amendatory Act of 1979. Each member of the
board of appeals shall serve for a period of one year and
shall continue to serve thereafter at the pleasure of the
Director. Compensation for members shall be determined by
the Director.
Decisions of the Board shall not take effect unless and
until approved by the Director.
The express denial of applicability of Article III of the
Code of Civil Procedure shall be construed as declaratory of
existing law, as expressed in Section 3-102 of the Code of
Civil Procedure, and not as a new enactment.
(Source: P.A. 85-340.)
(20 ILCS 2505/2505-510 new)
(was 20 ILCS 2505/39b20.1) (from Ch. 127, par. 39b20.1)
Sec. 2505-510. Informal assessment review. The
Department has the power 39b20.1. to establish an informal
assessment review process at which an impartial Department
designee, who has the authority and knowledge to recommend an
appropriate conclusion to the matter, shall review
adjustments recommended by examiners and auditors. The
Director shall provide by rule for the availability of an
informal assessment review before the issuance of a notice of
tax liability or notice of deficiency upon completion of an
audit of the taxpayer or before a formal hearing. A taxpayer
may be represented by a party of his or her choice during the
informal assessment review procedure and need not be
represented by an attorney.
The exercise of this power to establish an informal
assessment review procedure is mandatory, and the Director
shall promulgate rules implementing this process within 180
days after the effective date of this amendatory Act of 1988.
(Source: P.A. 89-399, eff. 8-20-95.)
(20 ILCS 2505/2505-550 new)
(was 20 ILCS 2505/39b51)
Sec. 2505-550. 39b51. Jobs Impact Committee and report.
With respect to the credits provided for by Sections 209 and
210 of the Illinois Income Tax Act, Section 3-50 of the Use
Tax Act, Section 2 of the Service Use Tax Act, Section 2 of
the Service Occupation Tax Act, and Section 2-45 of the
Retailers' Occupation Tax Act, there is hereby created a Jobs
Impact Committee, which shall consist of the Director of the
Department of Revenue or the such person or persons the
Director as he may designate, and the such representative or
representatives that as shall be designated to serve on the
Committee by the Department of Commerce and Community
Affairs, the Bureau of the Budget, and the Economic and
Fiscal Commission. The Committee, so assembled, shall invite
and appoint 2 members of the businesses that are eligible for
the credits provided by those Sections. The Committee shall
study the use and effectiveness of these credits with regard
to job creation relative to the revenue loss to the State
from the provision of these credits. The Director of the
Department of Revenue shall, on behalf of the Committee,
submit the Committee's report to the General Assembly on or
before June 30, 1998.
(Source: P.A. 90-552, eff. 12-12-97.)
(20 ILCS 2505/2505-575 new)
(was 20 ILCS 2505/39b53)
Sec. 2505-575. 39b53. Income tax reciprocal agreements.
(a) Reciprocal agreement cost study. The Department of
Revenue shall study the use and cost effectiveness of all
reciprocal agreements entered into under the authority of
Sections 302 and 701 of the Illinois Income Tax Act. The
Department shall report to the General Assembly as to the
fiscal impact on Illinois income tax collections of each of
the reciprocal agreements by January 1, 1999 and every 5
years thereafter. The Department has of Revenue shall have
the authority to require that employers provide all
information necessary to complete the study on income tax
withholding returns filed with the Department under Section
704 of the Illinois Income Tax Act. The Department has shall
have the authority to require that employees provide all
information necessary to complete the study on individual
income tax returns filed under Section 502 of the Illinois
Income Tax Act.
(b) Revocation of reciprocal agreements. Upon receipt
of the cost study or at any time thereafter, the General
Assembly may adopt a joint resolution by an affirmative vote
of a majority of each house directing the Director of Revenue
to revoke any reciprocal agreement with any other state that
results in a loss of revenue to the State of Illinois. Any
joint resolution shall specify the date upon which the
reciprocal agreement is to be revoked. That, which date
shall be no sooner than the beginning of the next subsequent
calendar year that is at least 6 months after the adoption of
the joint resolution.
(c) Authority to enter into compensation agreements.
Before any revocation by joint resolution adopted by the
General Assembly under subsection (b), the Director of
Revenue has shall have the authority to enter into a
compensation or rebating agreement with any reciprocal state.
Any compensation agreement shall provide that the reciprocal
state shall provide a rebate to the State of Illinois to
compensate for the loss of revenue. The Director has of
Revenue shall have the authority to enter into agreements
with reciprocal states to contract with any third party
mutually agreed to by the Director and the reciprocal state
to establish a rebate or compensation amount.
(Source: P.A. 90-491, eff. 1-1-98.)
(20 ILCS 2505/2505-600 new)
(was 20 ILCS 2505/39b21) (from Ch. 127, par. 39b21)
Sec. 2505-600. Information from State and local
officers. The Department has the power 39b21. to require
from all State and local officers any such information that
as may be necessary for the proper discharge of its duties.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-605 new)
(was 20 ILCS 2505/39b22) (from Ch. 127, par. 39b22)
Sec. 2505-605. Taxing district records. The Department
has the power 39b22. to examine and make memoranda from all
records, books, papers, documents, and statements of fact on
record or on file in any public office of any taxing district
of the State, and all such officers having charge or custody
of those such records shall furnish to the Department, upon
request, information of any and all matters on file or of
record in their respective offices.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-625 new)
(was 20 ILCS 2505/39b35) (from Ch. 127, par. 39b35)
Sec. 2505-625. Aiding local governments; real and
personal property taxes. 39b35. The Department shall assist
and aid local governments of the State in matters relating to
real and personal property taxes, including assessments and
equalization, and perform all other duties provided by law.
In performing this responsibility the Department shall have
the power and duty to do the following:
(1) (a) Assist and advise the local governments of
the State in matters pertaining to the assessment and
equalization of property.;
(2) (b) Prepare and maintain current maps of the
counties of the State, showing the boundaries and the
limits of all taxing districts and local governments of
the State.;
(3) (c) Perform all other duties and powers
relating to real and personal property taxes, including
real and personal property assessments and equalization,
and other taxes and financial matters, as are provided by
law and may be vested in the Department.;
(d) The Department shall promulgate rules and
regulations concerning the Department's operations and
programs established to meet these purposes.
(Source: P.A. 81-1509.)
(20 ILCS 2505/2505-630 new)
(was 20 ILCS 2505/39b36) (from Ch. 127, par. 39b36)
Sec. 2505-630. Charges for publications for local
officials. 39b36. The Department may make a reasonable
charge for instructional manuals, appraisal manuals, and
reproductions of the Illinois property tax laws and other
publications for the use of local officials. All moneys
received from these such charges shall be paid into the
General Revenue Fund.
(Source: P.A. 81-1509.)
(20 ILCS 2505/2505-650 new)
(was 20 ILCS 2505/39b52)
Sec. 2505-650. 39b52. Collection of past due support.
Upon certification of past due child support amounts from the
Department of Public Aid, the Department of Revenue may
collect the delinquency in any manner authorized for the
collection of any tax administered by the Department of
Revenue. The Department of Revenue shall notify the
Department of Public Aid when the delinquency or any portion
of the delinquency has been collected under this Section.
Any child support delinquency collected by the Department of
Revenue, including those amounts that result in overpayment
of a child support delinquency, shall be deposited into in,
or transferred into to, the Child Support Enforcement Trust
Fund. The Department of Revenue may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of the Illinois Administrative Procedure Act, the
adoption of rules to implement this Section shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
(20 ILCS 2505/2505-675 new)
(was 20 ILCS 2505/39b50) (from Ch. 127, par. 39b50)
Sec. 2505-675. 39b50. Whenever the Department of Revenue
is authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities, then,
upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 2605-400 55a of the
Department of State Police Law (20 ILCS 2605/2605-400) "The
Civil Administrative Code of Illinois", the Department of
State Police is authorized to furnish, pursuant to positive
identification, the such information contained in State files
that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 2505/2505-700 new)
(was 20 ILCS 2505/39b13) (from Ch. 127, par. 39b13)
Sec. 2505-700. Recommending legislation. The Department
has the power 39b13. to formulate and recommend legislation
for the improvement of the system of taxation in the State.
(Source: P.A. 76-1158.)
(20 ILCS 2505/2505-705 new)
(was 20 ILCS 2505/39b14) (from Ch. 127, par. 39b14)
Sec. 2505-705. Other tax systems. The Department has
the power 39b14. to investigate the tax systems of other
states and counties.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-730 new)
(was 20 ILCS 2505/39b23) (from Ch. 127, par. 39b23)
Sec. 2505-730. Transfer of realty to other State agency;
acquisition of federal lands. The Department has the power
39b23. to transfer jurisdiction of any realty under control
of the Department to any other department of the State
government or to acquire or accept federal lands, when the
such transfer, acquisition, or acceptance is advantageous to
the State and is approved in writing by the Governor.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/2505-790 new)
(was 20 ILCS 2505/39b33) (from Ch. 127, par. 39b33)
Sec. 2505-790. Other rights, powers, and duties. The
Department has the power 39b33. to exercise and perform the
such other rights, powers, and duties that as may be vested
in the said Department of Revenue by law.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/2505-795 new)
(was 20 ILCS 2505/39b19) (from Ch. 127, par. 39b19)
Sec. 2505-795. Rules and regulations. The Department
has the power 39b19. to make such reasonable rules and
regulations that as may be necessary to effectively enforce
any of the powers herein granted.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2605/Art. 2605 heading new)
ARTICLE 2605. DEPARTMENT OF STATE POLICE
(20 ILCS 2605/2605-1 new)
Sec. 2605-1. Article short title. This Article 2605 of
the Civil Administrative Code of Illinois may be cited as the
Department of State Police Law.
(20 ILCS 2605/2605-5 new)
Sec. 2605-5. Definitions. In this Law:
"Department" means the Department of State Police.
"Director" means the Director of State Police.
(20 ILCS 2605/2605-10 new)
(was 20 ILCS 2605/55a, subsec. (A), in part) (from Ch.
127, par. 55a)
Sec. 2605-10. Powers and duties, generally. 55a. Powers
and duties. (A) The Department of State Police shall have
the following powers and duties, and those set forth in the
following Sections. 55a-1 through 55c:
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-15 new)
(was 20 ILCS 2605/55a, subdiv. (A)26) (from Ch. 127, par.
55a)
Sec. 2605-15. Rules and regulations. 26. To promulgate
rules and regulations necessary for the administration and
enforcement of its powers and duties, wherever granted and
imposed, pursuant to the Illinois Administrative Procedure
Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-25 new)
(was 20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
Sec. 2605-25. Department divisions. 55a-1. The
Department of State Police is divided into the Illinois State
Police Academy and 5 divisions: the Division of State
Troopers, the Division of Criminal Investigation, the
Division of Forensic Services, the Division of
Administration, and the Division of Internal Investigation.
(Source: P.A. 90-130, eff. 1-1-98.)
(20 ILCS 2605/2605-30 new)
(was 20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
Sec. 2605-30. Division of State Troopers. 55a-2. The
Division of State Troopers shall exercise the following
functions:
(1) 1. to Cooperate with federal and State
authorities requesting utilization of the Department's
radio network system under the "Illinois Aeronautics
Act.", approved July 24, 1945, as amended;
(2) 2. to Exercise the rights, powers, and duties of
the State Police under "An Act in relation to the State
Police Act.", approved July 20, 1949, as amended;
(3) 3. to Exercise the rights, powers, and duties
vested by law in the Department by the State Police Radio
Act. "An Act in relation to the establishment and
operation of radio broadcasting stations and the
acquisition and installation of radio receiving sets for
police purposes", approved July 7, 1931, as amended;
(4) 4. to Exercise the rights, powers, and duties
of the Department vested by law in the Department and the
Illinois State Police by "the Illinois Vehicle Code.",
approved September 29, 1969, as amended;
(5) 5. to Exercise other duties that which have
been or may be vested by law in the Illinois State
Police.; and
(6) 6. to Exercise other duties that which may be
assigned by the Director in order to fulfill the
responsibilities and to achieve the purposes of the
Department.
(Source: P.A. 84-25.)
(20 ILCS 2605/2605-35 new)
(was 20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
Sec. 2605-35. Division of Criminal Investigation. 55a-3.
(a) The Division of Criminal Investigation shall
exercise the following functions:
(1) 1. to Exercise the rights, powers, and duties
vested by law in the Department by the Illinois Horse
Racing Act of 1975.;
(2) 2. to Investigate the origins, activities,
personnel, and incidents of crime and enforce the
criminal laws of this State related thereto.;
(3) 3. to Enforce all laws regulating the
production, sale, prescribing, manufacturing,
administering, transporting, having in possession,
dispensing, delivering, distributing, or use of
controlled substances and cannabis.;
(4) 4. to Cooperate with the police of cities,
villages, and incorporated towns, and with the police
officers of any county in enforcing the laws of the State
and in making arrests and recovering property.;
(5) 5. to Apprehend and deliver up any person
charged in this State or any other state with treason or
a, felony, or other crime, who has fled from justice and
is found in this State.;
(6) 6. to Investigate recipients and, providers
under the Illinois Public Aid Code and any personnel
involved in the administration of the Illinois Public Aid
Code who are suspected of any violation of the such Code
pertaining to fraud in the administration, receipt, or
provision of assistance and pertaining to any violation
of criminal law;, and to exercise the functions required
under Section 2605-220 55a-7 in the conduct of those such
investigations.;
(7) 7. to Conduct such other investigations as may
be provided by law.;
(8) 8. to Exercise the powers and perform the
duties that which have been vested in the Department of
State Police by the Sex Offender Registration Act and the
Sex Offender and Child Murderer Community Notification
Law; and to promulgate reasonable rules and regulations
necessitated thereby.; and
(9) 9. to Exercise other duties that which may be
assigned by the Director in order to fulfill the
responsibilities and achieve the purposes of the
Department.
(b) There is hereby established in the Division of
Criminal Investigation the Office of Coordination of Gang
Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government
and school districts to assist them in gang control
activities and to administer a system of grants to units of
local government and school districts that which, upon
application, have demonstrated a workable plan to reduce gang
activity in their area. The Such grants shall not include
reimbursement for personnel, nor shall they exceed 75% of the
total request by any applicant. The grants, and may be
calculated on a proportional basis, determined by funds
available to the Department for this purpose. The Department
has shall have the authority to promulgate appropriate rules
and regulations to administer this program.
The Such Office shall establish mobile units of trained
personnel to respond to gang activities.
The Such Office shall also consult with and use the
services of religious leaders and other celebrities to assist
in gang control activities.
The Office may sponsor seminars, conferences, or any
other educational activity to assist communities in their
gang crime control activities.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
eff. 6-1-96; 90-193, eff. 7-24-97.)
(20 ILCS 2605/2605-40 new)
(was 20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
Sec. 2605-40. Division of Forensic Services. 55a-4. The
Division of Forensic Services shall exercise the following
functions:
(1) 1. to Exercise the rights, powers, and duties
vested by law in the Department by the "An Act in
relation to Criminal Identification Act. and
investigation", approved July 2, 1931, as amended;
(2) 2. to Exercise the rights, powers, and duties
vested by law in the Department by subsection (5) of
Section 2605-300 55a of this Law. Act;
(3) 3. to Provide assistance to local law
enforcement agencies through training, management, and
consultant services.;
(4) 4. to Exercise the rights, powers, and duties
vested by law in the Department by the Firearm Owners
Identification Card Act. "An Act relating to the
acquisition, possession and transfer of firearms and
firearm ammunition and to provide a penalty for the
violation thereof and to make an appropriation in
connection therewith", approved August 3, 1967, as
amended;
(5) 5. to Exercise other duties that which may be
assigned by the Director in order to fulfill the
responsibilities and achieve the purposes of the
Department.; and
(6) 6. to Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers
in their efforts to determine whether alcohol, drugs, or
poisonous or other toxic substances have been involved in
deaths, accidents, or illness. Forensic toxicological
laboratories shall be established in Springfield,
Chicago, and elsewhere in the State as needed.
(Source: P.A. 90-130, eff. 1-1-98.)
(20 ILCS 2605/2605-45 new)
(was 20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
Sec. 2605-45. Division of Administration. 55a-5. The
Division of Administration shall exercise the following
functions:
(1) 1. to Exercise the rights, powers, and duties
vested in the Department by the "An Act to create a
Bureau of the Budget Act. and to define its powers and
duties and to make an appropriation", approved April 16,
1969, as amended;
(2) 2. to Pursue research and the publication of
studies pertaining to local law enforcement activities.;
(3) 3. to Exercise the rights, powers, and duties
vested in the Department by the "Personnel Code.",
approved July 18, 1955, as amended;
(4) 4. to Operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity.;
(5) 5. to Exercise the rights, powers, and duties
vested in the Division of State Troopers by Section 17 of
the "An Act in relation to State Police Act.", approved
July 20, 1949, as amended;
(6) 6. to Exercise the rights, powers, and duties
vested in the Department by "An Act relating to internal
auditing in State government", approved August 11, 1967
(repealed; now the Fiscal Control and Internal Auditing
Act, 30 ILCS 10/)., as amended;
(7) 7. to Exercise other duties that which may be
assigned by the Director to fulfill the responsibilities
and achieve the purposes of the Department.
(Source: P.A. 84-25.)
(20 ILCS 2605/2605-50 new)
(was 20 ILCS 2605/55a-6) (from Ch. 127, par. 55a-6)
Sec. 2605-50. Division of Internal Investigation. 55a-6.
The Division of Internal Investigation shall initiate
internal departmental investigations and, at the direction of
the Governor, investigate complaints and initiate
investigations of official misconduct by State officers and
State employees under the jurisdiction of the Governor.
(Source: P.A. 80-56.)
(20 ILCS 2605/2605-75 new)
(was 20 ILCS 2605/55a, subsec. (C)) (from Ch. 127, par.
55a)
Sec. 2605-75. Bilingual police officers. (C) The
Department of State Police may ascertain the number of
bilingual police officers and other personnel needed to
provide services in a language other than English and may
establish, under applicable personnel rules and Department
guidelines or through a collective bargaining agreement, a
bilingual pay supplement program.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-100 new)
(was 20 ILCS 2605/55a, subdiv. (A)1) (from Ch. 127, par.
55a)
Sec. 2605-100. State Police Act. 1. To exercise the
rights, powers, and duties that which have been vested in the
Department of Public Safety by the State Police Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-105 new)
(was 20 ILCS 2605/55a, subdiv. (A)2) (from Ch. 127, par.
55a)
Sec. 2605-105. State Police Radio Act. 2. To exercise
the rights, powers, and duties that which have been vested in
the Department of Public Safety by the State Police Radio
Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-110 new)
(was 20 ILCS 2605/55a, subdiv. (A)3) (from Ch. 127, par.
55a)
Sec. 2605-110. Criminal Identification Act. 3. To
exercise the rights, powers, and duties that which have been
vested in the Department of Public Safety by the Criminal
Identification Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-115 new)
(was 20 ILCS 2605/55a, subdiv. (A)9) (from Ch. 127, par.
55a)
Sec. 2605-115. Illinois Vehicle Code. 9. To exercise the
rights, powers, and duties that which have been vested in the
Department of Public Safety by the Illinois Vehicle Code.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-120 new)
(was 20 ILCS 2605/55a, subdiv. (A)10) (from Ch. 127, par.
55a)
Sec. 2605-120. Firearm Owners Identification Card Act.
10. To exercise the rights, powers, and duties that which
have been vested in the Department of Public Safety by the
Firearm Owners Identification Card Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-130 new)
(was 20 ILCS 2605/55a, subdiv. (A)23) (from Ch. 127, par.
55a)
Sec. 2605-130. Intergovernmental Missing Child Recovery
Act of 1984. 23. To exercise the powers and perform the
duties that which have been vested in the Department of State
Police by the Intergovernmental Missing Child Recovery Act of
1984, and to establish reasonable rules and regulations
necessitated thereby.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-135 new)
(was 20 ILCS 2605/55c) (from Ch. 127, par. 55c)
Sec. 2605-135. Intergovernmental Drug Laws Enforcement
Act. 55c. The Department of State Police shall exercise the
powers and duties assigned to it under the "Intergovernmental
Drug Laws Enforcement Act", enacted by the 80th General
Assembly.
(Source: P.A. 84-25.)
(20 ILCS 2605/2605-140 new)
(was 20 ILCS 2605/55a, subdiv. (A)8) (from Ch. 127, par.
55a)
Sec. 2605-140. Narcotic Control Division Abolition Act.
8. To exercise the rights, powers, and duties that which
have been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-190 new)
(was 20 ILCS 2605/55a, subdiv. (A)11) (from Ch. 127, par.
55a)
Sec. 2605-190. Other laws in relation to law enforcement.
11. To enforce and administer such other laws in relation to
law enforcement to the extent that they vest any rights,
powers, or duties as may be vested in the Department.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-200 new)
(was 20 ILCS 2605/55a, subdiv. (A)4) (from Ch. 127, par.
55a)
Sec. 2605-200. Investigations of crime; enforcement of
laws. 4.
(a) To do the following:
(1) (a) Investigate the origins, activities,
personnel, and incidents of crime and the ways and means
to redress the victims of crimes;, and study the impact,
if any, of legislation relative to the effusion of crime
and growing crime rates;, and enforce the criminal laws
of this State related thereto.,
(2) (b) Enforce all laws regulating the production,
sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing,
delivering, distributing, or use of controlled substances
and cannabis.,
(3) (c) Employ skilled experts, scientists,
technicians, investigators, or otherwise specially
qualified persons to aid in preventing or detecting
crime, apprehending criminals, or preparing and
presenting evidence of violations of the criminal laws of
the State.,
(4) (d) Cooperate with the police of cities,
villages, and incorporated towns, and with the police
officers of any county, in enforcing the laws of the
State and in making arrests and recovering property.,
(5) (e) Apprehend and deliver up any person charged
in this State or any other state of the United States
with treason or a, felony, or other crime, who has fled
from justice and is found in this State., and
(6) (f) Conduct such other investigations as may be
provided by law.
(b) Persons exercising the these powers set forth in
subsection (a) within the Department are conservators of the
peace and as such have all the powers possessed by policemen
in cities and sheriffs, except that they may exercise those
such powers anywhere in the State in cooperation with and
after contact with the local law enforcement officials. Those
Such persons may use false or fictitious names in the
performance of their duties under this Section paragraph,
upon approval of the Director, and shall not be subject to
prosecution under the criminal laws for that such use.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-205 new)
(was 20 ILCS 2605/55a, subdiv. (A)17) (from Ch. 127, par.
55a)
Sec. 2605-205. Arson investigations. 17. To conduct
arson investigations.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-210 new)
(was 20 ILCS 2605/55a, subdiv. (A)29) (from Ch. 127, par.
55a)
Sec. 2605-210. Child abuse or neglect investigations.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-215 new)
(was 20 ILCS 2605/55a, subdiv. (A)14) (from Ch. 127, par.
55a)
Sec. 2605-215. Horse race track investigation services.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Illinois Horse Racing
Act of 1975.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-220 new)
(was 20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
Sec. 2605-220. Public aid fraud investigations. 55a-7.
The Department of State Police, through the Division of
Criminal Investigation, shall investigate recipients and,
providers under the Illinois Public Aid Code and any
personnel involved in the administration of the Illinois
Public Aid Code who are suspected of any violations of the
such Code pertaining to fraud in the administration, receipt,
or provision of assistance and pertaining to any violation of
criminal law. The Department shall, in addition to functions
otherwise authorized by State and federal law, exercise the
following functions:
(1) 1. to Initiate investigations of suspected
cases of public aid fraud.; and
(2) 2. to Investigate cases of public aid fraud.
(Source: P.A. 84-25.)
(20 ILCS 2605/2605-250 new)
(was 20 ILCS 2605/55a, subdiv. (A)15) (from Ch. 127, par.
55a)
Sec. 2605-250. Obtaining evidence. 15. To expend the
such sums as the Director deems necessary from contractual
services appropriations for the Division of Criminal
Investigation for the purchase of evidence and for the
employment of persons to obtain evidence. The Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-275 new)
(was 20 ILCS 2605/55a, subdiv. (A)30) (from Ch. 127, par.
55a)
Sec. 2605-275. Registration of fictitious vital records.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-300 new)
(was 20 ILCS 2605/55a, subdiv. (A)5) (from Ch. 127, par.
55a)
Sec. 2605-300. Records; crime laboratories; personnel.
5. To do the following:
(1) (a) Be a central repository and custodian of
criminal statistics for the State.,
(2) (b) Be a central repository for criminal
history record information.,
(3) (c) Procure and file for record such
information that as is necessary and helpful to plan
programs of crime prevention, law enforcement, and
criminal justice.,
(4) (d) Procure and file for record such copies of
fingerprints that, as may be required by law.,
(5) (e) Establish general and field crime
laboratories.,
(6) (f) Register and file for record such
information that as may be required by law for the
issuance of firearm owner's identification cards.,
(7) (g) Employ polygraph operators, laboratory
technicians, and other specially qualified persons to aid
in the identification of criminal activity., and
(8) (h) Undertake such other identification,
information, laboratory, statistical, or registration
activities that as may be required by law.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-305 new)
(was 20 ILCS 2605/55a, subsec. (B)) (from Ch. 127, par.
55a)
Sec. 2605-305. Statewide Organized Criminal Gang Database
(SWORD). (B) The Department of State Police may establish
and maintain, within the Department of State Police, a
Statewide Organized Criminal Gang Database (SWORD) for the
purpose of tracking organized criminal gangs and their
memberships. Information in the database may include, but not
be limited to, the name, last known address, birth date,
physical descriptions (such as scars, marks, or tattoos),
officer safety information, organized gang affiliation, and
entering agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-315 new)
(was 20 ILCS 2605/55a, subdiv. (A)34) (from Ch. 127, par.
55a)
Sec. 2605-315. Criminal history record information for
Department of Children and Family Services. 34. Upon the
request of the Department of Children and Family Services,
the Department of State Police shall provide properly
designated employees of the Department of Children and Family
Services with criminal history record information as defined
in the Illinois Uniform Conviction Information Act and
information maintained in the statewide central juvenile
records record system as defined in subdivision (A)19 of this
Section 2605-355 if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-320 new)
(was 20 ILCS 2605/55a, subdiv. (A)36) (from Ch. 127, par.
55a)
Sec. 2605-320. Criminal history information for
Department of Human Services. 36. Upon request of the
Department of Human Services, to conduct an assessment and
evaluation of sexually violent persons as mandated by the
Sexually Violent Persons Commitment Act, the Department shall
furnish criminal history information maintained on the
requested person. The request shall be in the form and
manner specified by the Department.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-325 new)
(was 20 ILCS 2605/55a, subdiv. (A)25) (from Ch. 127, par.
55a)
Sec. 2605-325. Conviction information for school board or
regional superintendent. 25. On request of a school board or
regional superintendent of schools, to conduct an inquiry
pursuant to Section 10-21.9 or 34-18.5 of the School Code to
ascertain whether if an applicant for employment in a school
district has been convicted of any criminal or drug offenses
enumerated in Section 10-21.9 or 34-18.5 of the School Code.
The Department shall furnish the such conviction information
to the president of the school board of the school district
that which has requested the information, or, if the
information was requested by the regional superintendent, to
that regional superintendent.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-335 new)
(was 20 ILCS 2605/55a, subdiv. (A)28) (from Ch. 127, par.
55a)
Sec. 2605-335. Conviction information for private child
services organization. 28. Upon the request of any private
organization that which devotes a major portion of its time
to the provision of recreational, social, educational, or
child safety services to children, to conduct, pursuant to
positive identification, criminal background investigations
of all of that organization's current employees, current
volunteers, prospective employees, or prospective volunteers
charged with the care and custody of children during the
provision of the organization's services, and to report to
the requesting organization any record of convictions
maintained in the Department's files about those such
persons. The Department shall charge an application fee,
based on actual costs, for the dissemination of conviction
information pursuant to this Section subsection. The
Department is empowered to establish this fee and shall
prescribe the form and manner for requesting and furnishing
conviction information pursuant to this Section subsection.
Information received by the organization from the
Department concerning an individual shall be provided to the
such individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
that which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee,
or volunteer of the organization receiving confidential
information under this Section subsection who gives or causes
to be given any confidential information concerning any
criminal convictions of an individual shall be guilty of a
Class A misdemeanor unless release of the such information is
authorized by this Section subsection.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-340 new)
(was 20 ILCS 2605/55a, subdiv. (A)32) (from Ch. 127, par.
55a)
Sec. 2605-340. Conviction information for private carrier
company under Metropolitan Transit Authority Act. 32. Upon
the request of a private carrier company that provides
transportation under Section 28b of the Metropolitan Transit
Authority Act, to ascertain whether if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in that Section 28b of the Metropolitan
Transit Authority Act. The Department shall furnish the
conviction information to the private carrier company that
requested the information.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-350 new)
(was 20 ILCS 2605/55a, subdiv. (A)18) (from Ch. 127, par.
55a)
Sec. 2605-350. Juveniles; police contact record keeping
system. 18. To develop a separate statewide statistical
police contact record keeping system for the study of
juvenile delinquency. The records of this police contact
system shall be limited to statistical information. No
individually identifiable information shall be maintained in
the police contact statistical record system.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-355 new)
(was 20 ILCS 2605/55a, subdiv. (A)19) (from Ch. 127, par.
55a)
Sec. 2605-355. Delinquent minors; statewide central
juvenile records system. 19. To develop a separate statewide
central juvenile records system for persons arrested prior to
the age of 17 under Section 5-401 of the Juvenile Court Act
of 1987 or adjudicated delinquent minors and to make
information available to local law enforcement officers so
that law enforcement officers will be able to obtain rapid
access to the background of the minor from other
jurisdictions to the end that the juvenile police officers
can make appropriate decisions that which will best serve the
interest of the child and the community. The Department
shall submit a quarterly report to the General Assembly and
Governor. The report which shall contain the number of
juvenile records that the Department has received in that
quarter and, a list, by category, of offenses that minors
were arrested for or convicted of by age, race, and gender.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-360 new)
(was 20 ILCS 2605/55a, subdiv. (A)20) (from Ch. 127, par.
55a)
Sec. 2605-360. Rules for confidentiality of juvenile
records. 20. To develop rules that which guarantee the
confidentiality of the such individually identifiable
juvenile records described in Section 2605-355 except to
juvenile authorities who request information concerning the
minor and who certify in writing that the information will
not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section,
"juvenile authorities" means:
(1) (i) A judge of the circuit court and members of
the staff of the court designated by the judge.;
(2) (ii) Parties to the proceedings under the
Juvenile Court Act of 1987 and their attorneys.;
(3) (iii) Probation officers and court appointed
advocates for the juvenile authorized by the judge
hearing the case.;
(4) (iv) Any individual or, public or of private
agency having custody of the child pursuant to court
order.;
(5) (v) Any individual or, public or private agency
providing education, medical, or mental health services
service to the child when the requested information is
needed to determine the appropriate service or treatment
for the minor.;
(6) (vi) Any potential placement provider when the
such release is authorized by the court for the limited
purpose of determining the appropriateness of the
potential placement.;
(7) (vii) Law enforcement officers and prosecutors.;
(8) (viii) Adult and juvenile prisoner review
boards.;
(9) (ix) Authorized military personnel.;
(10) (x) Individuals authorized by court.;
(11) (xi) The Illinois General Assembly or any
committee or commission of the General Assembly thereof.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-365 new)
(was 20 ILCS 2605/55a, subdiv. (A)21) (from Ch. 127, par.
55a)
Sec. 2605-365. Access to juvenile records by minors and
others. 21. To develop administrative rules and
administrative hearing procedures that which allow a minor,
his or her attorney, and his or her parents or guardian
access to individually identifiable juvenile records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-375 new)
(was 20 ILCS 2605/55a, subdiv. (A)24) (from Ch. 127, par.
55a)
Sec. 2605-375. Missing persons; Law Enforcement Agencies
Data System (LEADS). 24.
(a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain, and to make available to other law enforcement
agencies for immediate dissemination data that which can
assist appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this Section
subsection, the Department shall do the following:
(1) Provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS.;
(2) Develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance.;
(3) Notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of the such data exists.;
(4) Compile and retain information regarding lost,
abducted, missing, or runaway minors in a separate data
file, in a manner that allows that such information to be
used by law enforcement and other agencies deemed
appropriate by the Director, for investigative purposes.
The Such information shall include the disposition of all
reported lost, abducted, missing, or runaway minor
cases.;
(5) Compile and maintain an historic data
repository relating to lost, abducted, missing, or
runaway minors and other missing persons in order to
develop and improve techniques utilized by law
enforcement agencies when responding to reports of
missing persons.; and
(6) Create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS, and
performance audits of all entering agencies.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-377 new)
(was 20 ILCS 2605/55a, subdiv. (A)35) (from Ch. 127, par.
55a)
Sec. 2605-377. Department of Public Aid; LEADS access.
35. The Illinois Department of Public Aid is an authorized
entity under this Law Section for the purpose of exchanging
information, in the form and manner required by the
Department of State Police, obtaining access to various data
repositories available through LEADS, to facilitate the
location of individuals for establishing paternity, and
establishing, modifying, and enforcing child support
obligations, pursuant to the Illinois Public Aid Code and
Title IV, Part D of the Social Security Act. The Department
shall enter into an agreement with the Illinois Department of
Public Aid consistent with these purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-380 new)
(was 20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
Sec. 2605-380. Dental records. 55a-8. The Department of
State Police shall do the following:
(1) (a) Operate a State central repository for
dental records of missing persons and unidentified dead
bodies.;
(2) (b) Receive and file dental records submitted by
county medical examiners and coroners from unidentified
dead bodies and submitted by law enforcement agencies
from persons reported missing for more than 30 days.;
(3) (c) Provide information from the file on
possible identifications resulting from the comparison of
dental records submitted with those records on file, to
county medical examiners, coroners, and law enforcement
agencies.; and
(4) (d) Expunge the dental records of those missing
persons who are found, and expunge from the file the
dental records of missing persons who are positively
identified as a result of comparisons made with this file
or, the files maintained by other states, territories,
insular possessions of the United States, or the United
States.
(Source: P.A. 84-1308.)
(20 ILCS 2605/2605-390 new)
(was 20 ILCS 2605/55a, subdiv. (A)31) (from Ch. 127, par.
55a)
Sec. 2605-390. Hate crimes. 31.
(a) To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
those such offenses in the such form and in the such manner
as may be prescribed by rules and regulations adopted by the
Department of State Police. The Such information shall be
compiled by the Department and be disseminated upon request
to any local law enforcement agency, unit of local
government, or State agency. Dissemination of the such
information shall be subject to all confidentiality
requirements otherwise imposed by law.
(b) The Department of State Police shall provide
training for State Police officers in identifying, responding
to, and reporting all hate crimes. The Illinois Law
Enforcement Training Standards Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-400 new)
(was 20 ILCS 2605/55a, subdiv. (A)22) (from Ch. 127, par.
55a)
Sec. 2605-400. Fees; State Police Services Fund; audit.
22.
(a) To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Law Section, other State
agencies, and federal agencies, including but not limited to
fees or moneys equivalent to the cost of providing
dispatching services, radio and radar repair, and training to
local governmental agencies on such terms and conditions that
as in the judgment of the Director are in the best interest
of the State; and to establish, charge, collect, and receive
fees or moneys based on the cost of providing responses to
requests for criminal history record information pursuant to
positive identification and any Illinois or federal law
authorizing access to some aspect of that such information
and to prescribe the form and manner for requesting and
furnishing the such information to the requestor on such
terms and conditions that as in the judgment of the Director
are in the best interest of the State, provided fees for
requesting and furnishing criminal history record information
may be waived for requests in the due administration of the
criminal laws. The Department may also charge, collect, and
receive fees or moneys equivalent to the cost of providing
electronic data processing lines or related telecommunication
services to local governments, but only when those such
services can be provided by the Department at a cost less
than that experienced by those said local governments through
other means. All services provided by the Department shall be
conducted pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 405-270 67.18 of the Department of Central Management
Services Law (20 ILCS 405/405-270) this Code.
(b) All fees received by the Department of State Police
under the Civil Administrative Code of Illinois this Act or
the Illinois Uniform Conviction Information Act shall be
deposited in a special fund in the State treasury to be known
as the State Police Services Fund. The money deposited in the
State Police Services Fund shall be appropriated to the
Department of State Police for expenses of the Department of
State Police.
(c) Upon the completion of any audit of the Department
of State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-405 new)
(was 20 ILCS 2605/55a, subdiv. (A)33) (from Ch. 127, par.
55a)
Sec. 2605-405. Applying for grants or contracts; moneys
from other entities. 33. To apply for grants or contracts
and, receive, expend, allocate, or disburse funds and moneys
made available by public or private entities, including, but
not limited to, contracts, bequests, grants, or receiving
equipment from corporations, foundations, or public or
private institutions of higher learning. All funds received
by the Department from these sources shall be deposited into
the appropriate fund in the State treasury to be appropriated
to the Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-420 new)
(was 20 ILCS 2605/55a, subdiv. (A)16) (from Ch. 127, par.
55a)
Sec. 2605-420. Assisting victims and witnesses of gang
crime. 16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Those Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions. The and such assistance
may include any of the following:
(1) (a) Temporary living costs.;
(2) (b) Moving expenses.;
(3) (c) Closing costs on the sale of a private
residence.;
(4) (d) First month's rent.;
(5) (e) Security deposits.;
(6) (f) Apartment location assistance.;
(7) (g) Other expenses that which the Department
considers appropriate.; and
(8) (h) Compensation for any loss of or injury to
real or personal property resulting from a gang crime to
a maximum of $5,000, subject to the following provisions:
(A) (1) In the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property that
which has been incurred by and that which is
substantiated by the property owner.,
(B) (2) In the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and that which can be
substantiated by the property owner.,
(C) (3) Compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage.,
(D) (4) No compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance under
this Section if he or she is not a part of or fails to fully
cooperate in the prosecution of gang crime members by law
enforcement authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-430 new)
(was 20 ILCS 2605/55a, subdiv. (A)7) (from Ch. 127, par.
55a)
Sec. 2605-430. Assistance to local law enforcement
agencies. 7. To provide, as may be required by law,
assistance to local law enforcement agencies through (i) (a)
training, management, and consultant services for local law
enforcement agencies, and (ii) (b) the pursuit of research
and the publication of studies pertaining to local law
enforcement activities.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-435 new)
(was 20 ILCS 2605/55a, subdiv. (A)27) (from Ch. 127, par.
55a)
Sec. 2605-435. Electronic criminal surveillance;
assistance to local authorities. 27. To do the following:
(1) (a) Promulgate rules pertaining to the
certification, revocation of certification, and training
of law enforcement officers as electronic criminal
surveillance officers.,
(2) (b) Provide training and technical assistance
to State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications.,
(3) (c) Promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards
for recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, and procedures in
relation to evidence developed by an intercept., and
(4) (d) Charge a reasonable fee to each law
enforcement agency that sends officers to receive
training as electronic criminal surveillance officers.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-500 new)
(was 20 ILCS 2605/55a, subdiv. (A)6) (from Ch. 127, par.
55a)
Sec. 2605-500. Communication activities. 6. To do the
following:
(1) (a) Acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes.,
(2) (b) Operate a statewide communications network
to gather and disseminate information for law enforcement
agencies.,
(3) (c) Operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity., and
(4) (d) Undertake such other communication
activities that as may be required by law.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-505 new)
(was 20 ILCS 2605/55b) (from Ch. 127, par. 55b)
Sec. 2605-505. Local citizens radio groups. 55b. The
Department of State Police is authorized to use local
citizens radio groups in connection with its communication
duties under the Civil Administrative Code of Illinois this
Act, and to coordinate those such local citizens citizen
radio groups with the functions of local law enforcement
agencies as the Department deems advisable. With the
approval of the Department, those such local citizens radio
groups shall be eligible for law enforcement grants.
(Source: P.A. 84-25.)
(20 ILCS 2605/2605-525 new)
(was 20 ILCS 2605/55a, subdiv. (A)13) (from Ch. 127, par.
55a)
Sec. 2605-525. Furlough of inmates to State agencies for
research. 13. With the written approval of the Governor, to
enter into agreements with other departments created by the
Civil Administrative Code of Illinois this Act, for the
furlough of inmates of the penitentiary to those such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in those such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
(i) the transfer of the inmate to the requesting other
department having the approved research project, and (ii) the
return of the such inmate to the unextended confines of the
penitentiary. The Such transfer shall be made only with the
consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting the such extension
shall be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2605/2605-550 new)
(was 20 ILCS 2605/55a, subdiv. (A)12) (from Ch. 127, par.
55a)
Sec. 2605-550. Transfer of realty to State agency;
acquisition of federal land. 12. To transfer jurisdiction of
any realty title to which is held by the State of Illinois
under the control of the Department to any other department
of the State government or to the State Employees Housing
Commission, or to acquire or accept federal land, when the
such transfer, acquisition, or acceptance is advantageous to
the State and is approved in writing by the Governor.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10-6-98.)
(20 ILCS 2705/Art. 2705 heading new)
ARTICLE 2705. DEPARTMENT OF TRANSPORTATION
(20 ILCS 2705/2705-1 new)
Sec. 2705-1. Article short title. This Article 2705 of
the Civil Administrative Code of Illinois may be cited as the
Department of Transportation Law.
(20 ILCS 2705/2705-5 new)
Sec. 2705-5. Definitions. In this Law:
"Department" means the Department of Transportation.
"Secretary" means the Secretary of Transportation.
(20 ILCS 2705/2705-10 new)
(was 20 ILCS 2705/49, in part) (from Ch. 127, par. 49)
Sec. 2705-10. Powers, generally. The Department of
Transportation has the powers enumerated in the following
Sections 49.01a through 49.31.
(Source: P.A. 86-610.)
(20 ILCS 2705/2705-15 new)
(was 20 ILCS 2705/49, in part, and 2705/49.23) (from Ch.
127, pars. 49 and 49.23)
Sec. 2705-15. Administrative organization. (a) 49. The
Secretary of the Department of Transportation may create and
establish offices, divisions, and administrative units as
necessary for the efficient administration and operation of
the Department and may assign functions, powers, and duties
to the several offices, divisions, and administrative units
in the Department.
(b) The Department has the power 49.23. to establish the
such administrative organization within the Department that
as is required to carry out the powers, duties, and functions
of the Department and best utilize the personnel, skills,
facilities, and resources of the Department and, its offices,
divisions, and agencies.
(Source: P.A. 77-153; 86-610.)
(20 ILCS 2705/2705-90 new)
(was 20 ILCS 2705/49.31) (from Ch. 127, par. 49.31)
Sec. 2705-90. Criminal history record information from
Department of State Police. 49.31. Whenever the Department is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities, then,
upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 2605-400 55a of the
Department of State Police Law (20 ILCS 2605/2605-400) "The
Civil Administrative Code of Illinois", the Department of
State Police is authorized to furnish, pursuant to positive
identification, the such information contained in State files
that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 2705/2705-100 new)
(was 20 ILCS 2705/49.01a) (from Ch. 127, par. 49.01a)
Sec. 2705-100. Aeronautics; transfer from Department of
Aeronautics. The Department has the power 49.01a. to
exercise, administer, and enforce, through a Division of
Aeronautics, all rights, powers, and duties vested in the
Department of Aeronautics by the Illinois Aeronautics Act.
The Department has the power "An Act relating to aeronautics
and repealing a certain act herein named", approved July 24,
1945, as amended, and to regulate and supervise aeronautics
in this State and to administer and enforce all laws of this
State pertaining to aeronautics.
(Source: P.A. 78-479.)
(20 ILCS 2705/2705-105 new)
(was 20 ILCS 2705/49.06a) (from Ch. 127, par. 49.06a)
Sec. 2705-105. Bridge and ferry operation; transfer from
Department of Public Works and Buildings. The Department has
the power 49.06a. to exercise, administer, and enforce the
rights, powers, and duties vested in the Department of Public
Works and Buildings by any law relating to the operation of
bridges and ferries.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 2705/2705-110 new)
(was 20 ILCS 2705/49.07a) (from Ch. 127, par. 49.07a)
Sec. 2705-110. Motor vehicles; transfer from Department
of Public Works and Buildings. The Department has the power
49.07a. to exercise, administer, and enforce all rights,
powers, and duties vested in the Department of Public Works
and Buildings by the "Illinois Vehicle Code," approved
September 29, 1969, as amended or any law relating to motor
vehicles.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-115 new)
(was 20 ILCS 2705/49.08a) (from Ch. 127, par. 49.08a)
Sec. 2705-115. Roads and bridges; transfer from
Department of Public Works and Buildings. The Department has
the power 49.08a. to exercise, administer, and enforce all
rights, powers, and duties vested in the Department of Public
Works and Buildings by the "Illinois Highway Code", approved
June 8, 1959, as amended, and any other law relating to
roads, streets, and bridges and toll highways.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-120 new)
(was 20 ILCS 2705/49.11) (from Ch. 127, par. 49.11)
Sec. 2705-120. Transfer of other rights, powers, and
duties from Department of Public Works and Buildings. The
Department has the power 49.11. to exercise all rights,
powers, and duties vested by law in the Department of Public
Works and Buildings and in the Director of Public Works and
Buildings not otherwise expressly transferred to and vested
in another department.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-125 new)
(was 20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
Sec. 2705-125. Safety inspection of motor vehicles;
transfer from various State agencies. The Department has the
power 49.22. to administer, exercise, and enforce the rights,
powers, and duties presently vested in the Department of
State Police and the Division of State Troopers under the
"Illinois Vehicle Inspection Law," in the Illinois Commerce
Commission, in the State Board of Education, and in the
Secretary of State under laws relating to the safety
inspection of motor vehicles operated by common carriers, of
school buses, and of motor vehicles used in the
transportation of school children and motor vehicles used in
driver training schools for hire licensed under Article IV of
"the Illinois Driver Licensing Law", or under any other law
relating to the safety inspection of motor vehicles of the
second division as defined in "the Illinois Vehicle Code".
(Source: P.A. 84-25.)
(20 ILCS 2705/2705-175 new)
(was 20 ILCS 2705/49.24) (from Ch. 127, par. 49.24)
Sec. 2705-175. State employees; effect of transfer to
Department. 49.24. The transfer to the Department of
Transportation of employees of the Department of Public Works
and Buildings, or of any other department, office, or agency
of the State, shall not affect the status of those such
employees under civil service, merit service, the "Personnel
Code", or other laws relating to State employees.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-200 new)
(was 20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
Sec. 2705-200. 49.16. Master plan; reporting
requirements.
(a) The Department has the power to develop and maintain
a continuing, comprehensive, and integrated planning process
that which shall develop and periodically revise a statewide
master plan for transportation to guide program development
and to foster efficient and economical transportation
services in ground, air, water, and all other modes of
transportation throughout the State. The Department shall
coordinate its transportation planning activities with those
of other State agencies and authorities, and shall supervise
and review any transportation planning performed by other
Executive agencies under the direction of the Governor. The
Department shall cooperate and participate with federal,
regional, interstate, State, and local agencies, in
accordance with Sections 5-301 and 7-301 of the Illinois
Highway Code, and with interested private individuals and
organizations, in the coordination of plans and policies for
development of the state's transportation system.
To meet the provisions of this Section, the Department
shall publish and deliver to the Governor and General
Assembly by January 1, 1982 and every 2 years thereafter, its
master plan for highway, waterway, aeronautic, mass
transportation, and railroad systems. The plan shall
identify priority subsystems or components of each system
that which are critical to the economic and general welfare
of the State regardless of public jurisdictional
responsibility or private ownership.
The master plan shall provide particular emphasis and
detail of the 5 year period in the immediate future.
Annual and 5 year project programs for each State system
in this Section shall be published and furnished the General
Assembly on the first Wednesday in April of each year.
Identified needs included in the project programs shall
be listed and mapped in a distinctive fashion to clearly
identify the priority status of the projects: (1) projects to
be committed for execution; (2) tentative projects that which
are dependent upon funding or other constraints; and (3)
needed projects that which are not programmed due to lack of
funding or other constraints.
All projects shall be related to the priority systems of
the master plan, and the priority criteria identified. Cost
and estimated completion dates shall be included for work
required to complete a useable segment or component beyond
the 5 year period of the program.
(b) The Department shall publish and deliver to the
Governor and General Assembly on the first Wednesday in April
of each year a 5-year Highway Improvement Program reporting
the number of fiscal years each project has been on previous
5-year plans submitted by the Department.
(c) The Department shall publish and deliver to the
Governor and the General Assembly by November 1 of each year
a For the Record report that shall include the following:
(1) All the projects accomplished in the previous
fiscal year listed by each Illinois Department of
Transportation District.; and
(2) The award cost and the beginning dates of each
listed project.
(Source: P.A. 90-277, eff. 1-1-98.)
(20 ILCS 2705/2705-205 new)
(was 20 ILCS 2705/49.21) (from Ch. 127, par. 49.21)
Sec. 2705-205. Study of demand for transportation. The
Department has the power, 49.21. in cooperation with State
universities and other research oriented institutions, to
study the extent and nature of the demand for transportation
and to collect and assemble information regarding the most
feasible, technical and socio-economic solutions for meeting
that demand and the costs thereof. The Department has the
power to report to the Governor and the General Assembly, by
February 15 of each odd-numbered year, the results of the
such study and recommendations based on the study thereon.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader, and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly Organization Act",
approved February 25, 1874, as amended, and by filing such
additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
(20 ILCS 2705/2705-210 new)
(was 20 ILCS 2705/49.15) (from Ch. 127, par. 49.15)
Sec. 2705-210. Traffic control and prevention of
accidents. The Department has the power 49.15. to develop,
consolidate, and coordinate effective programs and activities
for the advancement of driver education, for the facilitation
of the movement of motor vehicle traffic, and for the
protection and conservation of life and property on the
streets and highways of this State and to advise, recommend,
and consult with the several departments, divisions, boards,
commissions, and other agencies of this State in regard to
those such programs and activities. The Department has the
power and to aid and assist the counties, cities, towns, and
other political subdivisions of this State in the control of
traffic and the prevention of traffic accidents. That Such
aid and assistance to counties, cities, towns, and other
political subdivisions of this State shall include assistance
with regard to planning, traffic flow, light synchronizing,
preferential lanes for carpools, and carpool parking
allocations.
(Source: P.A. 80-1016.)
(20 ILCS 2705/2705-215 new)
(was 20 ILCS 2705/49.27) (from Ch. 127, par. 49.27)
Sec. 2705-215. 49.27. Cooperative utilization of
equipment and services of governmental entities and
not-for-profit organizations for the transportation needs in
public service programs.
(a) The Department is directed to encourage and assist
governmental entities, not-for-profit corporations, and
nonprofit community service associations, between or among
themselves, in the development of reasonable utilization of
transportation equipment and operational service in
satisfying the general and specialized public transportation
needs.
The Department shall develop and encourage cooperative
development, among all entities, of programs promoting
efficient service and, conservation of capital investment and
energy; and shall assist all entities in achieving their
goals and in their applications for transportation grants
under appropriate State or federal programs.
(b) Implementation of cooperative programs is to be
developed within the meaning of the provisions of the
"Intergovernmental Cooperation Act", approved October 1,
1973, as amended. In the circumstances of nongovernmental
entities, the Department shall be guided by that such Act and
any other State law in encouraging the such cooperative
programs between those such entities.
(c) The Department shall report to the members of the
General Assembly, by March 1 of each year, its successes,
failures and progress in achieving the intent of this
Section. The report shall also include identification of
problems as well as the Department's its recommendations.
(Source: P.A. 81-1404.)
(20 ILCS 2705/2705-225 new)
(was 20 ILCS 2705/49.02a) (from Ch. 127, par. 49.02a)
Sec. 2705-225. Air transportation for State officers and
employees. 49.02a. The Department of Transportation may
provide air transportation for officers and employees of the
offices, departments, and agencies of the State government,
and charge the such office, department, or agency for that
such transportation. Charges for the such transportation
shall not exceed the expenses incurred and costs involved in
providing air transportation, and may include expenses for
equipment, personnel, and operational expenses.
All requests for air transportation shall be made in
writing and shall be signed by the executive officer or
employee of the office, department, or agency.
Except as provided herein, all requests shall be filled
in the following priority: (1) the Governor, (2) the
Lieutenant Governor, (3) the legislative leaders of the
General Assembly, specifically, the President and minority
leader of the Senate and the Speaker and minority leader of
the House of Representatives, (4) the Judges of the Supreme
Court, (5) the Attorney General, (6) the Secretary of State,
(7) the Comptroller, (8) the Treasurer, (9) other members of
the General Assembly; and thereafter as provided by the
Department of Transportation.
(Source: P.A. 84-994; 84-1101.)
(20 ILCS 2705/2705-240 new)
(was 20 ILCS 2705/49.17) (from Ch. 127, par. 49.17)
Sec. 2705-240. Grants for capital assistance. The
Department has the power 49.17. to administer the allocation
of State monies appropriated as grants for capital assistance
purposes in the manner prescribed by law. No transportation
program administered by any other Executive agency under the
direction of the Governor or project undertaken thereunder
shall be eligible for capital assistance from the State until
that such program and project have been approved by the
Department.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-245 new)
(was 20 ILCS 2705/49.20) (from Ch. 127, par. 49.20)
Sec. 2705-245. Inspection of property and records of
applicants for and recipients of assistance. 49.20. The
Department at reasonable times may inspect the property and
examine the books, records, and other information relating to
the nature or adequacy of services, facilities, or equipment
of any municipality, district, or carrier that which is
receiving or has applied for assistance under this Law Act.
It may conduct investigations and hold hearings within or
without the State. This Section shall not affect the
regulatory power of any other State or local agency with
respect to transportation rates and services. Annual
statements of assets, revenues, and expenses and annual audit
reports shall be submitted to the Department by each
municipality, district, or carrier receiving or applying for
capital assistance from the State.
(Source: P.A. 77-153.)
(20 ILCS 2705/2705-255 new)
(was 20 ILCS 2705/49.14) (from Ch. 127, par. 49.14)
Sec. 2705-255. Appropriations from Build Illinois Bond
Fund and Build Illinois Purposes Fund. 49.14. Any expenditure
of funds by the Department for interchanges, for access roads
to and from any State or local highway in Illinois, or for
other transportation capital improvements related to an
economic development project pursuant to appropriations to
the Department from the Build Illinois Bond Fund and the
Build Illinois Purposes Fund shall be used for funding
improvements related to existing or planned scientific,
research, manufacturing, or industrial development or
expansion in Illinois. In addition, the Department may use
those such funds to encourage and maximize public and private
participation in those such improvements. The Department
shall consult with the Department of Commerce and Community
Affairs prior to expending any funds for those such purposes
pursuant to appropriations from the Build Illinois Bond Fund
and the Build Illinois Purposes Fund.
(Source: P.A. 84-109.)
(20 ILCS 2705/2705-265 new)
(was 20 ILCS 2705/49.33)
Sec. 2705-265. 49.33. Use of coal combustion
by-products. The Department shall, where economically
feasible and safe, foster the use of coal combustion
by-products by specifying usage of these by-products in road
building materials and by developing and including
specifications for their use in beds, fills, backfills,
trenches, and embankments.
(Source: P.A. 89-93, eff. 7-6-95.)
(20 ILCS 2705/2705-275 new)
(was 20 ILCS 2705/49.25j) (from Ch. 127, par. 49.25j)
Sec. 2705-275. Grants for airport facilities. 49.25j. The
Department may make grants to municipalities and airport
authorities for the renovation, construction, and development
of airport facilities. The Such grants may be made from funds
appropriated for that such purpose from the Build Illinois
Bond Fund or the Build Illinois Purposes Fund, created by the
84th General Assembly.
(Source: P.A. 84-109.)
(20 ILCS 2705/2705-285 new)
(was 20 ILCS 2705/49.06b) (from Ch. 127, par. 49.06b)
Sec. 2705-285. Ports and waterways. The Department has
the power 49.06b. to undertake port and waterway development
planning and studies of port and waterway development
problems and to provide technical assistance to port
districts and units of local government in connection with
port and waterway development activities. The Department may
provide financial assistance for the ordinary and contingent
expenses of port districts upon the such terms and conditions
that as the Department finds necessary to aid in the
development of those such districts.
The Department shall coordinate all its activities under
this Section with the Department of Commerce and Community
Affairs.
(Source: P.A. 81-1509.)
(20 ILCS 2705/2705-300 new)
(was 20 ILCS 2705/49.18) (from Ch. 127, par. 49.18)
Sec. 2705-300. 49.18. Powers concerning mass
transportation. The Department has the power to do the
following:
(1) To Advise and assist the Governor and the General
Assembly in formulating (i) (a) a mass transportation policy
for the State, (ii); (b) proposals designed to help meet and
resolve special problems of mass transportation within the
State,; and (iii) (c) programs of assistance for the
comprehensive planning, development, and administration of
mass transportation facilities and services.;
(2) To Appear and participate in proceedings before any
federal, State, or local regulatory agency involving or
affecting mass transportation in the State.;
(3) To Study mass transportation problems and provide
technical assistance to units of local government.;
(4) To Encourage experimentation in developing new mass
transportation facilities and services.;
(5) To Recommend policies, programs, and actions
designed to improve utilization of mass transportation
services.;
(6) To Cooperate with mass transit districts and
systems, local governments, and other State agencies in
meeting those problems of air, noise, and water pollution
associated with transportation.;
(7) To Participate fully in a statewide effort to
improve transport safety.;
(8) To Conduct by contract or otherwise technical
studies, and demonstration and development projects which
shall be designed to test and develop methods for increasing
public use of mass transportation and for providing mass
transportation in an efficient, coordinated, and convenient
manner.;
(9) To Make applications for, to receive, and to make
use of grants for mass transportation.;
(10) To Make grants for mass transportation from the
Transportation Fund pursuant to the standards and procedures
of Sections 2705-305 49.19 and 2705-310 49.19a.
(Source: P.A. 81-1464.)
(20 ILCS 2705/2705-305 new)
(was 20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
Sec. 2705-305. 49.19. Grants for mass transportation.
(a) (1) For the purpose of mass transportation grants
and contracts, the following definitions apply:
(a) "Mass Transportation" means transportation provided
within the State of Illinois by rail, bus, or other
conveyance, available to the general public on a regular and
continuing basis including the transportation of handicapped
or elderly persons as provided more specifically in Section
49.19a of this Act.
(b) "Carrier" means any corporation, authority,
partnership, association, person, or district authorized to
provide mass transportation within the State.
(c) "Facilities" comprise all real and personal property
used in or appurtenant to a mass transportation system,
including parking lots.
(d) "Unit of local government" means any city, village,
incorporated town, or county.
(e) "District" means all of the following:
(i) Any district created pursuant to the "Local
Mass Transit District Act.", approved July 21, 1959, as
amended;
(ii) The Authority created pursuant to the
"Metropolitan Transit Authority Act.", approved April 12,
1945, as amended;
(iii) Any authority, commission, or other entity
that which by virtue of an interstate compact approved by
Congress is authorized to provide mass transportation.;
(iv) The Authority created pursuant to the
"Regional Transportation Authority Act".
"Facilities" comprise all real and personal property used
in or appurtenant to a mass transportation system, including
parking lots.
"Mass transportation" means transportation provided
within the State of Illinois by rail, bus, or other
conveyance and available to the general public on a regular
and continuing basis, including the transportation of
handicapped or elderly persons as provided more specifically
in Section 2705-310.
"Unit of local government" means any city, village,
incorporated town, or county.
(b) (2) Grants may be made to units of local government,
districts, and carriers for the acquisition, construction,
extension, reconstruction, and improvement of mass
transportation facilities. Grants shall be made upon the such
terms and conditions that as in the judgment of the Secretary
are necessary to ensure their proper and effective
utilization.
(c) (3) The Department shall make grants under this Law
Act in a manner designed, so far as is consistent with the
maintenance and development of a sound mass transportation
system within the State, to: (i) (a) maximize federal funds
for the assistance of mass transportation in Illinois under
the Federal Transit Act and other federal Acts; (ii) (b)
facilitate the movement of persons who because of age,
economic circumstance, or physical infirmity are unable to
drive; (iii) (c) contribute to an improved environment
through the reduction of air, water, and noise pollution; and
(iv) (d) reduce traffic congestion.
(d) (4) The Secretary shall establish procedures for
making application for mass transportation grants. The Such
procedures shall provide for public notice of all
applications and give reasonable opportunity for the
submission of comments and objections by interested parties.
The procedures shall be designed with a view to facilitating
simultaneous application for a grant to the Department and to
the federal government.
(e) (5) Grants may be made for mass transportation
projects as follows:
(1) (a) In an amount not to exceed 100% of the
nonfederal share of projects for which a federal grant is
made.;
(2) (b) In an amount not to exceed 100% of the net
project cost for projects for which a federal grant is
not made.;
(3) (c) In an amount not to exceed five-sixths of
the net project cost for projects essential for the
maintenance of a sound transportation system and eligible
for federal assistance for which a federal grant
application has been made but a federal grant has been
delayed. If and when a federal grant is made, the amount
in excess of the nonfederal share shall be promptly
returned to the Department.
In no event shall the Department make a grant that which,
together with any federal funds or funds from any other
source, is in excess of 100% of the net project cost.
(f) (6) Regardless of whether any funds are available
under a federal grant, the Department shall not make a mass
transportation grant unless the Secretary finds that the
recipient has entered into an agreement with the Department
in which the recipient agrees not to engage in school bus
operations exclusively for the transportation of students and
school personnel in competition with private school bus
operators where those such private school bus operators are
able to provide adequate transportation, at reasonable rates,
in conformance with applicable safety standards, provided
that this requirement shall not apply to a recipient that
which operates a school system in the area to be served and
operates a separate and exclusive school bus program for the
school system.
(g) (7) Grants may be made for mass transportation
purposes with funds appropriated from the Build Illinois Bond
Fund or the Build Illinois Purposes Fund, created by the 84th
General Assembly, consistent with the specific purposes for
which those such funds are appropriated by the General
Assembly. Grants under this subsection (g) (7) are not
subject to any limitations or conditions imposed upon grants
by any other provision of this Section, except that the
Secretary may impose the such terms and conditions that as in
his or her judgment are necessary to ensure the proper and
effective utilization of the grants under this subsection.
(h) (8) The Department may let contracts for mass
transportation purposes and facilities for the purpose of
reducing urban congestion funded in whole or in part with
bonds described in subdivision subsection (b)(1) of Section 4
of the General Obligation Bond Act, not to exceed $75,000,000
in bonds.
(i) (9) The Department may make grants to carriers,
districts, and units of local government for the purpose of
reimbursing them for providing reduced fares for mass
transportation services for students, handicapped persons and
the elderly. Grants shall be made upon the such terms and
conditions that as in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
(Source: P.A. 90-774, eff. 8-14-98.)
(20 ILCS 2705/2705-310 new)
(was 20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
Sec. 2705-310. 49.19a. Grants for transportation for
handicapped persons.
(a) (1) For the purposes of this Section, the following
definitions apply:
(a) "Carrier" means a district or a not for profit
corporation providing mass transportation for handicapped
persons on a regular and continuing basis.
(b) "Unit of local government", "district" and
"facilities" have the meanings ascribed to them in Section
49.19.
(c) "Handicapped person" means any individual who, by
reason of illness, injury, age, congenital malfunction, or
other permanent or temporary incapacity or disability, is
unable without special mass transportation facilities or
special planning or design to utilize ordinary mass
transportation facilities and services as effectively as
persons who are not so affected.
"Unit of local government", "district", and "facilities"
have the meanings ascribed to them in Section 2705-305.
(b) (2) The Department may make grants from the
Transportation Fund and the General Revenue Fund (i) to units
of local government, districts, and carriers for vehicles,
equipment, and the acquisition, construction, extension,
reconstruction, and improvement of mass transportation
facilities for handicapped persons, and (ii) during State
fiscal years 1986 and 1987, to the Regional Transportation
Authority for operating assistance for mass transportation
for mobility limited handicapped persons, including
paratransit services for the mobility limited. The Such
grants shall be made upon the such terms and conditions that
as in the judgment of the Secretary are necessary to ensure
their proper and effective utilization. The procedures,
limitations, and safeguards provided in Section 2705-305
49.19 of this Act to govern grants for mass transportation
shall apply to grants made under this Section.
For the efficient administration of grants, the
Department, on behalf of grant recipients under this Section
and on behalf of recipients receiving funds under Sections
5309 and 5311 of the Federal Transit Act and State funds, may
administer and consolidate procurements and may enter into
contracts with manufacturers of vehicles and equipment.
(c) (3) The Department may make operating assistance
grants from the Transportation Fund to those carriers that,
during federal fiscal year 1986, directly received operating
assistance pursuant to Section 5307 or Section 5311 of the
Federal Transit Act, or under contracts with a unit of local
government or mass transit district that received operating
expenses under Section 5307 or Section 5311 of the Federal
Transit Act, to provide public paratransit services to the
general mobility limited population. The Secretary shall
take into consideration the reduction in federal operating
expense grants to carriers when considering the such grant
applications. The procedures, limitations, and safeguards
provided in Section 2705-305 49.19 of this Act to govern
grants for mass transportation shall apply to grants made
under this Section.
(Source: P.A. 90-774, eff. 8-14-98.)
(20 ILCS 2705/2705-315 new)
(was 20 ILCS 2705/49.19b) (from Ch. 127, par. 49.19b)
Sec. 2705-315. 49.19b. Grants for passenger security.
The Department may make grants from the Transportation Fund
and the General Revenue Fund to the Regional Transportation
Authority created under the Regional Transportation Authority
Act to be used to provide protection against crime for the
consumers of public transportation, and for the employees and
facilities of public transportation providers, in the
metropolitan region. The Such grants may be used (1) to
provide that such protection directly, or (2) to contract
with any municipality or county in the metropolitan region to
provide that such protection, or (3) except for the Chicago
Transit Authority created under the Metropolitan Transit
Authority Act, to contract with a private security agency to
provide that such protection.
The Such grants shall be made upon the such terms and
conditions that as in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
The procedures provided in Section 2705-305 49.19 of this Act
to govern grants for mass transportation shall apply to
grants made under this Section.
(Source: P.A. 84-1246.)
(20 ILCS 2705/2705-350 new)
(was 20 ILCS 2705/49.26) (from Ch. 127, par. 49.26)
Sec. 2705-350. 49.26. Intercity bus service assistance.
For the purposes of providing intercity bus passenger service
and the promotion of an efficient intercity bus passenger
system within this State as authorized by Section 22 of the
"Urban Mass Transportation Act of 1964", as amended, the
Department is authorized to enter into agreements with any
carrier. The cost related to the such services shall be borne
in the such proportion that as, by agreement or contract, the
parties may determine; provided, however, that no State
monies shall be expended for those such purposes.
(Source: P.A. 81-326.)
(20 ILCS 2705/2705-375 new)
(was 20 ILCS 2705/49.34)
Sec. 2705-375. 49.34. The Meigs Users Advisory
Committee.
(a) The Meigs Users Advisory Committee is hereby
created. The Meigs Users Advisory Committee shall be
composed of the following members: (i) 4 members appointed by
the Governor with the advice and consent of the Senate, 2 of
whom shall have extensive knowledge of business and corporate
aviation and 2 of whom shall have extensive knowledge of
general aviation; (ii) 4 members appointed by the Mayor of
the City of Chicago, all of whom shall have extensive
knowledge of general aviation; (iii) 4 members of the General
Assembly, one each appointed by the President of the Senate,
the Speaker of the House, the Minority Leader of the Senate,
and the Minority Leader of the House; and (iv) the Secretary
of Transportation or his or her designee, who shall serve as
Chairperson. The members appointed by the Governor and the
Mayor shall be users of Meigs Field.
(b) (1) The Secretary of Transportation or his or her
designee shall serve during the Secretary's term of
office.
(2) Members of the committee appointed under
subdivision (a)(iii) shall serve for their terms of
office, except that no such appointment shall be for a
term of more than 3 years. If a committee member who was
appointed under subdivision (a)(iii) ceases to be a
member of the chamber of the General Assembly from which
the member was appointed, he or she shall be replaced in
accordance with the method for filling vacancies.
(3) The initial members of the committee who are
appointed by the Mayor of the City of Chicago shall be
appointed as follows: one shall be appointed for a term
of one year, 2 shall be appointed for terms of 2 years,
and one shall be appointed for a term of 3 years. After
the expiration of the initial terms, all members of the
committee who are appointed by the Mayor of the City of
Chicago shall be appointed for terms of 3 years.
(4) The initial members of the committee who are
appointed by the Governor shall be appointed as follows:
one shall be appointed for a term of one year, one shall
be appointed for a term of 2 years, and 2 shall be
appointed for terms of 3 years. After the expiration of
the initial terms, all members of the committee who are
appointed by the Governor shall be appointed for terms of
3 years.
(5) Any member of the committee is eligible for
reappointment unless he or she no longer meets the
applicable qualifications. All members appointed to serve
on the committee shall serve until their respective
successors are appointed and confirmed. Vacancies shall
be filled in the same manner as original appointments.
(6) If a vacancy in membership under subdivision
(a)(i) occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she
shall appoint, by and with the advice and consent of the
Senate, a person to fill that membership for the
unexpired term. If the Senate is not in session when the
initial appointments are made, those appointments shall
be made as in the case of vacancies.
(7) The committee shall be deemed established on
the date that a majority of the total number of members
has been appointed, regardless of whether any of those
initial members are then serving pursuant to appointment
and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of
vacancies.
(c) The Committee shall have the power to inspect all
books, records, contracts, financial data, agreements, and
documents relating to the operation and maintenance of Meigs
Field, including, without limitation, as-built plans for all
buildings, runways, taxiways, and aprons, the control tower,
terminal, and all related facilities, all security
agreements, fire protection agreements, airline agreements,
FOB agreements, concessionaire agreements, rental/lease
agreements, service agreements, financial data and budget
reports including revenues and expenditures, and any and all
studies or plans regarding the land use of Meigs Field.
(d) The chairperson shall give notice to the members of
the time and place for every meeting. The members of the
committee shall receive no compensation or reimbursement of
expenses in the performance of their duties. The Committee
shall review and hold public hearings on any proposals or
actions affecting the operation of Meigs Field. The
Committee shall issue recommendations to the Governor, the
Mayor of the City of Chicago, and the General Assembly with
regard to these proposals or actions and any other matters
concerning the operation of Meigs Field.
(Source: P.A. 90-6, eff. 6-3-97.)
(20 ILCS 2705/2705-400 new)
(was 20 ILCS 2705/49.25a) (from Ch. 127, par. 49.25a)
Sec. 2705-400. 49.25a. Authorization concerning rail
assistance funds. The Department is hereby authorized to
exercise those powers necessary for the State to qualify for
rail assistance funds pursuant to the provisions of the
federal Regional Rail Reorganization Act of 1973, the
Railroad Revitalization and Regulatory Reform Act of 1976, as
amended, or other relevant federal or State legislation,
including but not limited to authority to do the following:
(1) to Establish a State plan for rail transportation
and local rail services, including projects funded under
Section 2705-435. 49.25g-1;
(2) to Administer and coordinate the State plan.;
(3) to Provide in the plan for the equitable
distribution of federal rail assistance funds among State,
local, and regional transportation authorities.;
(4) to Develop or assist the development of local or
regional rail plans.;
(5) to Promote, supervise, and support safe, adequate,
and efficient rail services in accordance with the provisions
and limitations of Public this amendatory Act 79-834.;
(6) to Employ sufficient trained and qualified personnel
for these purposes.;
(7) to Maintain, in accordance with the provisions and
limitations of Public this amendatory Act 79-834, adequate
programs of investigation, research, promotion, and
development in connection with these such purposes and to
provide for public hearings.;
(8) to Provide satisfactory assurances on behalf of the
State that such fiscal control and fund accounting procedures
will be adopted by the State that as may be necessary to
ensure assure proper disbursement of and account for federal
funds paid to the State as rail assistance.;
(9) to Comply with the regulations of the Secretary of
Transportation of the United States Department of
Transportation affecting federal rail assistance funds.;
(10) to Review all impending rail abandonments and to
provide its recommendations on those abandonments thereon to
the Interstate Commerce Commission.
(Source: P.A. 84-111; 84-292.)
(20 ILCS 2705/2705-405 new)
(was 20 ILCS 2705/49.25b) (from Ch. 127, par. 49.25b)
Sec. 2705-405. Preparation of State Rail Plan. 49.25b. In
preparation of the State Rail Plan under Section 2705-400
49.25a, the Department shall consult with recognized railroad
labor organizations, the Department of Commerce and Community
Affairs, railroad management, affected units of local
government, affected State agencies, and affected shipping
interests.
(Source: P.A. 84-111; 84-292.)
(20 ILCS 2705/2705-410 new)
(was 20 ILCS 2705/49.25c) (from Ch. 127, par. 49.25c)
Sec. 2705-410. 49.25c. Access to information. The
Secretary of the Department may authorize any of the
Department's its officers, employees, or agents to enter
upon, inspect, and examine, at reasonable times and in a
reasonable manner, the books, documents, records, equipment,
and property of and to request information kept in the
ordinary course of business from any railroad to the extent
necessary to carry out the powers enumerated in Sections
2705-400 49.25a through 2705-445 49.25i. Railroads operating
within the State shall provide access to those such books,
documents, records, equipment, and property and shall provide
the such information kept in the ordinary course of business
that as the Department may request. Should any railroad fail
or refuse to provide that such access or information, the
Secretary of the Department is hereby granted subpoena power
to obtain that such access and to require the production of
that such information. The Department shall pay the
reasonable costs associated with providing any such
information that which is not otherwise already required by
law. Any officer, employee, or agent of the Department
exercising the powers granted by this Section shall, upon
request, display proper credentials. The Department shall
exercise all necessary caution to avoid disclosure of
confidential information supplied under this Section.
(Source: P.A. 80-32.)
(20 ILCS 2705/2705-415 new)
(was 20 ILCS 2705/49.25d) (from Ch. 127, par. 49.25d)
Sec. 2705-415. State Rail Plan; responsibilities of other
agencies. 49.25d. The State Rail Plan, in its provisions
concerning requiring supervision of safety aspects and other
railroad matters, shall not abrogate the present statutory
responsibilities of the Illinois Commerce Commission and
shall meet the requirements of the "Federal Railroad Safety
Act of 1970", as amended. Nothing herein shall provide for
or effect the transfer of responsibilities between State
agencies.
(Source: P.A. 79-834.)
(20 ILCS 2705/2705-420 new)
(was 20 ILCS 2705/49.25e) (from Ch. 127, par. 49.25e)
Sec. 2705-420. Copies of State Rail Plan; report. 49.25e.
The Department shall provide copies of the State Rail Plan to
the President of the Senate, the Senate Minority Leader, the
Speaker of the House, and the House Minority Leader prior to
submitting the Plan to the federal government. The
Department shall also so provide, by October 15, 1975, a
report including its findings concerning the extent, nature,
and proposed use of federal aid available and its
recommendations concerning the source and extent of
non-federal assistance, both during the period in which
federal assistance is available and thereafter.
(Source: P.A. 79-834.)
(20 ILCS 2705/2705-425 new)
(was 20 ILCS 2705/49.25f) (from Ch. 127, par. 49.25f)
Sec. 2705-425. Rail freight services assistance; loans;
Rail Freight Loan Repayment Fund. 49.25f. No funds available
for operating or capital assistance under Section 5 of the
United States Department of Transportation Act, as amended,
for rail freight services in Illinois may be expended without
specific appropriation of those funds thereof.
Reimbursements for those loans that which financially
responsible persons are required by agreement to repay shall
be deposited in the State treasury as follows: (1) the
State's share shall be deposited in the fund from which the
original expenditure was made, and (2) the federal share
shall be deposited in the Rail Freight Loan Repayment Fund.
In the case of repaid funds deposited in the Rail Freight
Loan Repayment Fund, the Department shall have the reuse of
those funds and the interest accrued thereon, which shall
also be deposited by the State Treasurer in that such Fund,
as the federal share in other eligible projects. However, no
expenditures from the Rail Freight Loan Repayment Fund for
those such projects shall at any time exceed the total sum of
funds repaid and deposited in the Rail Freight Loan Repayment
Fund and interest earned by investment by the State Treasurer
that which the State Treasurer shall have deposited in that
fund.
(Source: P.A. 83-1301.)
(20 ILCS 2705/2705-430 new)
(was 20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g)
Sec. 2705-430. 49.25g. Railroad freight service
assistance; lines designated for discontinuation of service
or subject to abandonment. The Department shall enter into
such agreements with any railroad as necessary to provide
assistance for continuous freight service on lines of
railroads within Illinois designated for discontinuation of
service by the United States Railway Association Final System
Plan and not conveyed to a railroad company other than
Consolidated Rail Corporation. The Department may enter into
such agreements with any railroad as necessary to provide
assistance for continuous rail freight service on lines of
railroads within Illinois subject to an abandonment
proceeding in the Interstate Commerce Commission or
classified as potentially subject to abandonment pursuant to
Sections 10903 through 10905 of Title 49 of the United States
Code or upon which a certificate of discontinuance or
abandonment has been issued. The Department shall make rail
continuation subsidy payments pursuant to the such
agreements. The Such agreements shall provide for a minimum
level of service at least equivalent to that provided in
calendar year 1975. The Such agreements shall conform to
relevant federal law. The Department shall determine that
all payments under this Section are eligible for federal
share reimbursement.
Any nonfederal share of the assistance provided under
this Section shall be provided by the Department. The State
share may include funds, grants, gifts, or donations from the
federal government, any local public body, or any person.
Reimbursements shall be deposited in the State fund from
which the assistance was paid.
The Department shall provide technical assistance to any
local public body or rail user to ensure insure that rail
freight services under these agreements are, to the extent
possible, adequate to the needs of Illinois citizens.
The Department shall review the effects of the rail
freight service assistance provided under this Section and
shall report the results of its review to the General
Assembly each year not later than March 15, reporting
particularly on the service provided through the such
assistance, the utilization of rail freight service by
shippers, and the cost effectiveness of this rail freight
service assistance program in relation to the economy of this
State.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader, and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly Organization Act",
approved February 25, 1874, as amended, and by filing such
additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
For the purpose of promoting efficient rail freight
service, the Department shall have the power to either grant
or loan funds to any railroad or unit of local government in
the State to maintain, improve, and construct rail
facilities. The Department shall also have the power to grant
or loan funds to any rail users located on an abandoned line,
unit of local government, or an owner or lessee of an
abandoned railroad right-of-way to undertake substitute
service projects that which reduce the social, economic, and
environmental costs associated with the loss of a particular
rail freight service in a manner less expensive than
continuing that rail freight service. To facilitate the
continuation of rail freight services, the Department shall
have the power to purchase railroad materials and supplies.
(Source: P.A. 84-1438.)
(20 ILCS 2705/2705-435 new)
(was 20 ILCS 2705/49.25g-1) (from Ch. 127, par. 49.25g-1)
Sec. 2705-435. Loans, grants, or contracts to
rehabilitate, improve, or construct rail facilities; State
Rail Freight Loan Repayment Fund. 49.25g-1. In addition to
the powers under Section 105-430 49.25g, the Department shall
have the power to enter into agreements to loan or grant
State funds to any railroad, unit of local government, rail
user, or owner or lessee of a railroad right of way to
rehabilitate, improve, or construct rail facilities.
For each project proposed for funding under this Section
the Department shall, to the extent possible, give preference
to cost effective projects that which facilitate continuation
of existing rail freight service. In the exercise of its
powers under this Section, the Department shall coordinate
its program with the industrial retention and attraction
programs of the Department of Commerce and Community Affairs.
No funds provided under this Section shall be expended for
the acquisition of a right of way or rolling stock or for
operating subsidies. The costs of a project funded under
this Section shall be apportioned in accordance with the
agreement of the parties for the project. Projects are
eligible for a loan or grant under this Section only when the
Department determines that the transportation, economic, and
public benefits associated with a project are greater than
the capital costs of that project incurred by all parties to
the agreement and that the such project would not have
occurred without its participation. In addition, a project
to be eligible for assistance under this Section must be
included in a State plan for rail transportation and local
rail service prepared by the Department. The Department may
also expend State funds for professional engineering services
to conduct feasibility studies of projects proposed for
funding under this Section, to estimate the costs and
material requirements for those such projects, to provide for
the design of those such projects, including plans and
specifications, and to conduct investigations to ensure
compliance with the project agreements.
The Department, acting through the Department of Central
Management Services, shall also have the power to let
contracts for the purchase of railroad materials and
supplies. The Department shall also have the power to let
contracts for the rehabilitation, improvement, or
construction of rail facilities. Any such contract shall be
let, after due public advertisement, to the lowest
responsible bidder or bidders, upon terms and conditions to
be fixed by the Department. With regard to rehabilitation,
improvement, or construction contracts, the Department shall
also require the successful bidder or bidders to furnish good
and sufficient bonds to ensure proper and prompt completion
of the such work in accordance with the provisions of the
such contracts.
In the case of an agreement under which State funds are
loaned under this Section, the agreement shall provide the
terms and conditions of repayment. The agreement shall
provide for the such security that as the Department shall
determine to protect the State's interest. The funds may be
loaned with or without interest. Loaned funds that which are
repaid to the Department shall be deposited in a special fund
in the State treasury to be known as the "State Rail Freight
Loan Repayment Fund". In the case of repaid funds deposited
in the State Rail Freight Loan Repayment Fund, the Department
shall, subject to appropriation, have the reuse of those
funds and the interest accrued thereon, which shall also be
deposited by the State Treasurer in the such Fund, as the
State share in other eligible projects under this Section.
However, no expenditures from the State Rail Freight Loan
Repayment Fund for those such projects shall at any time
exceed the total sum of funds repaid and deposited in the
State Rail Freight Loan Repayment Fund and interest earned by
investment by the State Treasurer which the State Treasurer
shall have deposited in that Fund.
For the purposes of promoting efficient rail freight
service, the Department may also provide technical assistance
to railroads, units of local government or rail users, or
owners or lessees of railroad rights-of-way.
The Department shall take whatever actions are necessary
or appropriate to protect the State's interest in the event
of bankruptcy, default, foreclosure, or noncompliance with
the terms and conditions of financial assistance or
participation provided hereunder, including the power to
sell, dispose, lease, or rent, upon terms and conditions
determined by the Secretary to be appropriate, real or
personal property that which the Department may receive as a
result thereof.
The Department is authorized to make reasonable rules and
regulations consistent with law necessary to carry out the
provisions of this Section.
(Source: P.A. 85-1033.)
(20 ILCS 2705/2705-440 new)
(was 20 ILCS 2705/49.25h) (from Ch. 127, par. 49.25h)
Sec. 2705-440. 49.25h. Intercity Rail Service.
(a) For the purposes of providing intercity railroad
passenger service within this State (or as part of service to
cities in adjacent states), the Department is authorized to
enter into agreements with units of local government, the
Commuter Rail Division of the Regional Transportation
Authority (or a public corporation on behalf of that
Division), architecture or engineering firms, the National
Railroad Passenger Corporation, any carrier, any adjacent
state (or political subdivision, corporation, or agency of an
adjacent state), or any individual, corporation, partnership,
or public or private entity. The cost related to such
services shall be borne in such proportion as, by agreement
or contract the parties may desire.
(b) In providing any intercity railroad passenger
service as provided in this Section, the Department shall
have the following additional powers:
(1) to enter into trackage use agreements with rail
carriers;
(2) to enter into haulage agreements with rail
carriers;
(3) to lease or otherwise contract for use,
maintenance, servicing, and repair of any needed
locomotives, rolling stock, stations, or other
facilities, the lease or contract having a term not to
exceed 7 years (but any multi-year contract shall recite
that the contract is subject to termination and
cancellation, without any penalty, acceleration payment,
or other recoupment mechanism, in any fiscal year for
which the General Assembly fails to make an adequate
appropriation to cover the contract obligation);
(4) to enter into management agreements;
(5) to include in any contract indemnification of
carriers or other parties for any liability with regard
to intercity railroad passenger service;
(6) to obtain insurance for any losses or claims
with respect to the service;
(7) to promote the use of the service;
(8) to make grants to any body politic and
corporate, any unit of local government, or the Commuter
Rail Division of the Regional Transportation Authority to
cover all or any part of any capital or operating costs
of the service and to enter into agreements with respect
to those grants;
(9) to set any fares or make other regulations with
respect to the service, consistent with any contracts
for the service; and
(10) to otherwise enter into any contracts
necessary or convenient to provide the service.
(c) All service provided under this Section shall be
exempt from all regulations by the Illinois Commerce
Commission (other than for safety matters). To the extent the
service is provided by the Commuter Rail Division of the
Regional Transportation Authority (or a public corporation on
behalf of that Division), it shall be exempt from safety
regulations of the Illinois Commerce Commission to the extent
the Commuter Rail Division adopts its own safety regulations.
(d) In connection with any powers exercised under this
Section, the Department:
(1) shall not have the power of eminent domain; and
(2) shall not itself become the owner of railroad
locomotives or other rolling stock, or directly operate
any railroad service with its own employees.
(e) Any contract with the Commuter Rail Division of the
Regional Transportation Authority (or a public corporation on
behalf of the Division) under this Section shall provide that
all costs in excess of revenue received by the Division
generated from intercity rail service provided by the
Division shall be fully borne by the Department, and no funds
for operation of commuter rail service shall be used,
directly or indirectly, or for any period of time, to
subsidize the intercity rail operation. If at any time the
Division does not have sufficient funds available to satisfy
the requirements of this Section, the Division shall
forthwith terminate the operation of intercity rail service.
The payments made by the Department to the Division for the
intercity rail passenger service shall not be made in excess
of those costs or as a subsidy for costs of commuter rail
operations. This shall not prevent the contract from
providing for efficient coordination of service and
facilities to promote cost effective operations of both
intercity rail passenger service and commuter rail services
with cost allocations as provided in this paragraph.
(Source: P.A. 89-710, eff. 2-14-97.)
(20 ILCS 2705/2705-445 new)
(was 20 ILCS 2705/49.25i) (from Ch. 127, par. 49.25i)
Sec. 2705-445. Validation of prior agreements and
contracts. 49.25i. Any agreement or contract for the
purposes of Section 2705-440 that 49.25h which was entered
into prior to June 16, 1976 (the effective date of Public
this amendatory Act 79-1213) of 1976 is hereby validated and
continued in full force and effect.
(Source: P.A. 79-1213.)
(20 ILCS 2705/2705-450 new)
(was 20 ILCS 2705/49.25h-1) (from Ch. 127, par. 49.25h-1)
Sec. 2705-450. 49.25h-1. High-speed rail and magnetic
levitation transportation development. The Department is
authorized to enter into agreements with any public or
private entity for the purpose of promoting and developing
high-speed rail and magnetic levitation transportation within
this State. The cost related to the service shall be borne in
a proportion that as the parties may determine by agreement
or contract.
(Source: P.A. 87-829.)
(20 ILCS 2705/2705-500 new)
(was 20 ILCS 2705/49.29) (from Ch. 127, par. 49.29)
Sec. 2705-500. Scenic route connecting Mississippi and
Ohio Rivers. 49.29. The Department shall prepare or have
prepared maps, surveys, or plans, shall conduct studies, and
shall consult with the Department of Natural Resources for
the purpose of proposing a route connecting the Mississippi
and Ohio Rivers through the Shawnee National Forest, to be
designated as a scenic route. The proposed route shall
consist of existing roads to the greatest extent possible,
but the proposal may call for any improvements consistent
with federal law that the Department deems necessary or
desirable. The Department shall submit its proposal, along
with any other supporting information it deems appropriate,
to the Governor and the General Assembly no later than March
1, 1986.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 2705/2705-505 new)
(was 20 ILCS 2705/49.30) (from Ch. 127, par. 49.30)
Sec. 2705-505. Signs indicating travel-related
facilities or tourist-oriented businesses. 49.30. The
Department shall, where economically feasible and safe,
install along various interstate highways and other freeways
with full control of access, except those that which are toll
highways, signs to alert motorists of the travel-related
facilities available in communities served by upcoming
interstate exits. The Department may also install, along
other rural State highways, signs to alert motorists of the
tourist-oriented tourist oriented businesses available on
intersecting highways and roads under local jurisdiction in
rural areas. The Department has shall have the authority to
sell or lease space on the such signs to the owners or
operators of the facilities and to promulgate rules and
regulations for the leasing or purchasing of space.
(Source: P.A. 90-272, eff. 7-30-97.)
(20 ILCS 2705/2705-510 new)
(was 20 ILCS 2705/49.15a) (from Ch. 127, par. 49.15a)
Sec. 2705-510. Use of prisoners for highway cleanup. The
Department has the power 49.15a. to request, from the
Department of Corrections, the use of prisoners in a program
as provided in paragraph (f) of Section 3-2-2 of the Unified
Code of Corrections Correction, as amended, for the cleaning
of trash and garbage from the highways of this State.
(Source: P.A. 81-214.)
(20 ILCS 2705/2705-550 new)
(was 20 ILCS 2705/49.12) (from Ch. 127, par. 49.12)
Sec. 2705-550. Transfer of realty to other State agency;
acquisition of federal lands. The Department has the power
49.12. to transfer jurisdiction of any realty under the
control of the Department to any other department of the
State government, or to any authority, commission, or other
agency of the State, or to acquire or accept federal lands,
when the such transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by the
Governor.
(Source: Laws 1955, p. 1196.)
(20 ILCS 2705/2705-555 new)
(was 20 ILCS 2705/49.13) (from Ch. 127, par. 49.13)
Sec. 2705-555. Lease of land or property. The Department
has the power 49.13. from time to time to lease any land or
property, with or without appurtenances, of which the
Department has jurisdiction, and that is which are not
immediately to be used or developed by the State; provided
that no such lease be for a longer period of time than that
in which it can reasonably be expected the State will not
have use for the such property, and further provided that no
such lease be for a longer period of time than 5 years.
(Source: Laws 1953, p. 1443.)
(20 ILCS 2705/2705-575 new)
(was 20 ILCS 2705/49.28) (from Ch. 127, par. 49.28)
Sec. 2705-575. Sale of used vehicles. 49.28. Whenever the
Department of Transportation shall replace any used vehicle,
it shall notify and give units of local government in this
State and the Department of Natural Resources the first
opportunity to purchase the such vehicle. The Department
shall be required to notify only the Department of Natural
Resources and those units of local government that which have
previously requested the such notification. Any proceeds
from the sale of the such vehicles to units of local
government shall be deposited in the Road Fund. The term
"vehicle" as used in this Section herein is defined to
include passenger automobiles, light duty trucks, heavy duty
trucks, and other self-propelled motorized equipment (in
excess of 25 horse-power) and attachments.
(Source: P.A. 89-445, eff. 2-7-96.)
(110 ILCS 355/Art. 3000 heading new)
ARTICLE 3000. UNIVERSITY OF ILLINOIS
(110 ILCS 355/3000-1 new)
Sec. 3000-1. Article short title. This Article 3000 of
the Civil Administrative Code of Illinois may be cited as the
University of Illinois Exercise of Functions and Duties Law.
(110 ILCS 355/3000-5 new)
(was 110 ILCS 355/62) (from Ch. 127, par. 62)
Sec. 3000-5. 62. Retention of duties by University of
Illinois. Unless otherwise provided by law, the functions and
duties formerly exercised by the State entomologist, the
State laboratory of natural history, the State water survey,
and the State geological survey and vested in the Illinois
Department of Natural Resources, and the functions and duties
of the Waste Management and Research Center and its Hazardous
Materials Laboratory as authorized by the Hazardous Waste
Technology Exchange Service Act, approved September 16, 1984,
as now or hereafter amended, shall continue to be exercised
at the University of Illinois in buildings and places
provided by the trustees of the University thereof.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
Section 5-105. The Employee Rights Violation Act is
amended by changing Section 2 as follows:
(5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
Sec. 2. For the purposes of this Act, the terms used
herein shall have the meanings ascribed to them in this
Section:
(a) "Policy making officer" means: (i) an employee of a
State agency who is engaged predominantly in executive and
management functions and is charged with the responsibility
of directing the effectuation of such management policies and
practices; or (ii) an employee of a State agency whose
principal work is substantially different from that of his
subordinates and who has authority in the interest of the
State agency to hire, transfer, suspend, lay off, recall,
promote, discharge, direct, reward, or discipline employees,
or to adjust their grievances, or to effectively recommend
such action, if the exercise of such authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment; or (iii) a Director,
Assistant Director or Deputy Director of a State agency;
(b) "State agency" means the Departments of the
Executive Branch of State government listed in Section 5-15 3
of the Departments of State Government Law (20 ILCS 5/5-15)
Civil Administrative Code of Illinois, as amended;
(c) "Director" includes the Secretary of Transportation.
(Source: P.A. 85-1436.)
Section 5-110. The Gender Balanced Appointments Act is
amended by changing Section 2 as follows:
(5 ILCS 310/2) (from Ch. 127, par. 4302)
Sec. 2. All appointments to boards, commissions,
committees and councils of the State created by the laws of
this State and after the effective date of this Act shall be
gender balanced to the extent possible and to the extent that
appointees are qualified to serve on those boards,
commissions, committees and councils. If gender balance is
not possible, then appointments shall provide for significant
representation of both sexes to boards, commissions,
committees and councils governed by this Act and Section
5-510 8.1 of the Departments of State Government Law (20 ILCS
5/5-510) Civil Administrative Code of Illinois. If there are
multiple appointing authorities for a board, commission,
committee, or council, they shall each strive to achieve
gender balance in their appointments.
Appointments made in accordance with this Act should be
made in a manner that makes a good faith attempt to seek
gender balance based on the numbers of each gender belonging
to the group from which appointments are made.
(Source: P.A. 87-797.)
Section 5-115. The Election Code is amended by changing
Section 1A-8 as follows:
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
Sec. 1A-8. The State Board of Elections shall exercise
the following powers and perform the following duties in
addition to any powers or duties otherwise provided for by
law:
(1) Assume all duties and responsibilities of the State
Electoral Board and the Secretary of State as heretofore
provided in this Act;
(2) Disseminate information to and consult with election
authorities concerning the conduct of elections and
registration in accordance with the laws of this State and
the laws of the United States;
(3) Furnish to each election authority prior to each
primary and general election and any other election it deems
necessary, a manual of uniform instructions consistent with
the provisions of this Act which shall be used by election
authorities in the preparation of the official manual of
instruction to be used by the judges of election in any such
election. In preparing such manual, the State Board shall
consult with representatives of the election authorities
throughout the State. The State Board may provide separate
portions of the uniform instructions applicable to different
election jurisdictions which administer elections under
different options provided by law. The State Board may by
regulation require particular portions of the uniform
instructions to be included in any official manual of
instructions published by election authorities. Any manual of
instructions published by any election authority shall be
identical with the manual of uniform instructions issued by
the Board, but may be adapted by the election authority to
accommodate special or unusual local election problems,
provided that all manuals published by election authorities
must be consistent with the provisions of this Act in all
respects and must receive the approval of the State Board of
Elections prior to publication; provided further that if the
State Board does not approve or disapprove of a proposed
manual within 60 days of its submission, the manual shall be
deemed approved.
(4) Prescribe and require the use of such uniform forms,
notices, and other supplies not inconsistent with the
provisions of this Act as it shall deem advisable which shall
be used by election authorities in the conduct of elections
and registrations;
(5) Prepare and certify the form of ballot for any
proposed amendment to the Constitution of the State of
Illinois, or any referendum to be submitted to the electors
throughout the State or, when required to do so by law, to
the voters of any area or unit of local government of the
State;
(6) Require such statistical reports regarding the
conduct of elections and registration from election
authorities as may be deemed necessary;
(7) Review and inspect procedures and records relating
to conduct of elections and registration as may be deemed
necessary, and to report violations of election laws to the
appropriate State's Attorney;
(8) Recommend to the General Assembly legislation to
improve the administration of elections and registration;
(9) Adopt, amend or rescind rules and regulations in the
performance of its duties provided that all such rules and
regulations must be consistent with the provisions of this
Article 1A or issued pursuant to authority otherwise provided
by law;
(10) Determine the validity and sufficiency of petitions
filed under Article XIV, Section 3, of the Constitution of
the State of Illinois of 1970;
(11) Maintain in its principal office a research library
that includes, but is not limited to, abstracts of votes by
precinct for general primary elections and general elections,
current precinct maps and current precinct poll lists from
all election jurisdictions within the State. The research
library shall be open to the public during regular business
hours. Such abstracts, maps and lists shall be preserved as
permanent records and shall be available for examination and
copying at a reasonable cost;
(12) Supervise the administration of the registration
and election laws throughout the State;
(13) Obtain from the Department of Central Management
Services, under Section 405-250 35.7a of the Department of
Central Management Services Law (20 ILCS 405/405-250) Civil
Administrative Code of Illinois, such use of electronic data
processing equipment as may be required to perform the duties
of the State Board of Elections and to provide
election-related information to candidates, public and party
officials, interested civic organizations and the general
public in a timely and efficient manner; and
(14) To take such action as may be necessary or required
to give effect to directions of the State central committee
of an established political party under Sections 7-8, 7-11
and 7-14.1 or such other provisions as may be applicable
pertaining to the selection of delegates and alternate
delegates to an established political party's national
nominating conventions.
The Board may by regulation delegate any of its duties or
functions under this Article, except that final
determinations and orders under this Article shall be issued
only by the Board.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly", approved February 25,
1874, as amended, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(Source: P.A. 86-1089.)
Section 5-120. The Secretary of State Act is amended by
changing Section 13 as follows:
(15 ILCS 305/13) (from Ch. 124, par. 10.3)
Sec. 13. Whenever the Secretary of State is authorized
or required by law to consider some aspect of criminal
history record information for the purpose of carrying out
his statutory powers and responsibilities, then, upon request
and payment of fees in conformance with the requirements of
subsection 22 of Section 2605-400 55a of the Department of
State Police Law (20 ILCS 2605/2605-400) "The Civil
Administrative Code of Illinois", the Department of State
Police is authorized to furnish, pursuant to positive
identification, such information contained in State files as
is necessary to fulfill the request.
(Source: P.A. 86-610.)
Section 5-125. The State Treasurer Act is amended by
changing Section 12 as follows:
(15 ILCS 505/12) (from Ch. 130, par. 12)
Sec. 12. He shall keep regular and fair accounts of all
moneys received and paid out by him, stating, particularly,
on what account each amount is received or paid out. He may
make such corrections and changes in his records as may be
necessary pursuant to notices received from the Department of
Revenue under Section 2505-475 39b32 of the Department of
Revenue Law (20 ILCS 2505/2505-475) "Civil Administrative
Code of Illinois", approved March 7, 1917, as amended.
(Source: Laws 1967, p. 4103.)
Section 5-130. The Illinois Act on the Aging is amended
by changing Section 5 as follows:
(20 ILCS 105/5) (from Ch. 23, par. 6105)
Sec. 5. The provisions of Sections 5-625, 5-630, 5-635,
5-640, 5-645, 5-650, and 5-655 16, 17, 18, 19, 20, 25 and 26
of "the Departments of State Government Law (20 ILCS 5/5-625,
5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650, and 5/5-655)
Civil Administrative Code of Illinois", approved March 17,
1917, as now or hereafter amended, relating to regulations
for the conduct of a department, central and branch offices,
office hours, a seal, the obtaining and compensation of
employees, the annual reports, and cooperation between
departments, apply to the Department created by this Act.
(Source: P.A. 78-242.)
Section 5-135. The Personnel Code is amended by
changing Sections 8b.1 and 10 as follows:
(20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
Sec. 8b.1. For open competitive examinations to test the
relative fitness of applicants for the respective positions.
Tests shall be designed to eliminate those who are not
qualified for entrance into or promotion within the service,
and to discover the relative fitness of those who are
qualified. The Director may use any one of or any combination
of the following examination methods which in his judgment
best serves this end: investigation of education;
investigation of experience; test of cultural knowledge; test
of capacity; test of knowledge; test of manual skill; test of
linguistic ability; test of character; test of physical
fitness; test of psychological fitness. No person with a
record of misdemeanor convictions except those under Sections
11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
of 1961 or arrested for any cause but not convicted thereon
shall be disqualified from taking such examinations or
subsequent appointment, unless the person is attempting to
qualify for a position which would give him the powers of a
peace officer, in which case the person's conviction or
arrest record may be considered as a factor in determining
the person's fitness for the position. The eligibility
conditions specified for the position of Assistant Director
of Public Aid in the Department of Public Aid in Section
5-230 7.08 of "the Departments of State Government Law (20
ILCS 5/5-230) Civil Administrative Code of Illinois",
approved March 7, 1917, as amended, shall be applied to that
position in addition to other standards, tests or criteria
established by the Director. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
the examinations and may be advertised through the press,
radio and other media. The Director may, however, in his
discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of
eligibles to meet the needs of the service and may add the
names of successful candidates to existing eligible lists in
accordance with their respective ratings.
The Director may, in his discretion, accept the results
of competitive examinations conducted by any merit system
established by federal law or by the law of any State, and
may compile eligible lists therefrom or may add the names of
successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director
of Central Management Services and unless there are less than
3 Illinois residents available for appointment from the
appropriate eligible list. The results of the examinations
conducted by other merit systems may not be used unless they
are comparable in difficulty and comprehensiveness to
examinations conducted by the Department of Central
Management Services for similar positions. Special linguistic
options may also be established where deemed appropriate.
(Source: P.A. 83-1067.)
(20 ILCS 415/10) (from Ch. 127, par. 63b110)
Sec. 10. Duties and powers of the Commission. The Civil
Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of the
Department of Central Management Services to exempt from
jurisdiction B of this Act positions which, in the judgment
of the Commission, involve either principal administrative
responsibility for the determination of policy or principal
administrative responsibility for the way in which policies
are carried out. This authority may not be exercised,
however, with respect to the position of Assistant Director
of Public Aid in the Department of Public Aid.
(2) To require such special reports from the Director as
it may consider desirable.
(3) To disapprove original rules or any part thereof
within 90 days and any amendment thereof within 30 days after
the submission of such rules to the Civil Service Commission
by the Director, and to disapprove any amendments thereto in
the same manner.
(4) To approve or disapprove within 60 days from date of
submission the position classification plan submitted by the
Director as provided in the rules, and any revisions thereof
within 30 days from the date of submission.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the position
classification plan.
(6) To hear and determine written charges filed seeking
the discharge, demotion of employees and suspension totaling
more than thirty days in any 12-month period, as provided in
Section 11 hereof, and appeals from transfers from one
geographical area in the State to another, and in connection
therewith to administer oaths, subpoena witnesses, and compel
the production of books and papers.
(7) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of witnesses
before the circuit courts of the State, such fees to be paid
when the witness is excused from further attendance.
Whenever a subpoena is issued the Commission may require that
the cost of service and the fee of the witness shall be borne
by the party at whose insistence the witness is summoned.
The Commission has the power, at its discretion, to require a
deposit from such party to cover the cost of service and
witness fees and the payment of the legal witness fee and
mileage to the witness served with the subpoena. A subpoena
issued under this Act shall be served in the same manner as a
subpoena issued out of a court.
Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the subpoena
for enforcement in the circuit court of the county in which
the person to whom the subpoena was directed either resides
or has his or her principal place of business.
Not less than five days before the petition is filed in
the appropriate court, it shall be served on the person along
with a notice of the time and place the petition is to be
presented.
Following a hearing on the petition, the circuit court
shall have jurisdiction to enforce subpoenas issued pursuant
to this Section.
On motion and for good cause shown the Commission may
quash or modify any subpoena.
(8) To make an annual report regarding the work of the
Commission to the Governor, such report to be a public
report.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint a full-time executive secretary and such
other employees, experts, and special assistants as may be
necessary to carry out the powers and duties of the
Commission under this Act and employees, experts, and special
assistants so appointed by the Commission shall be subject to
the provisions of jurisdictions A, B and C of this Act. These
powers and duties supersede any contrary provisions herein
contained.
(11) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend
such rules from time to time.
(12) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis that
the provisions of the Personnel Code or of the Rules of the
Department of Central Management Services relating to layoff
have been violated or have not been complied with.
All hearings shall be public. A decision shall be
rendered within 60 days after receipt of the transcript of
the proceedings. The Commission shall order the
reinstatement of the employee if it is proven that the
provisions of the Personnel Code or of the Rules of the
Department of Central Management Services relating to layoff
have been violated or have not been complied with. In
connection therewith the Commission may administer oaths,
subpoena witnesses, and compel the production of books and
papers.
(13) Whenever the Civil Service Commission is authorized
or required by law to consider some aspect of criminal
history record information for the purpose of carrying out
its statutory powers and responsibilities, then, upon request
and payment of fees in conformance with the requirements of
subsection 22 of Section 2605-400 55a of "the Department of
State Police Law (20 ILCS 2605/2605-400) Civil Administrative
Code of Illinois", the Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 86-610.)
Section 5-140. The Children and Family Services Act is
amended by changing Section 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, in a licensed shelter
facility, or secure child care facility. The
Department is not required to place or maintain
children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques approved by the Department of Human Services, as a
successor to the Department of Alcoholism and Substance
Abuse, for the purpose of identifying children and adults who
should be referred to an alcohol and drug abuse treatment
program for professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(j-5) The Department shall not deny or delay the
placement of a child for adoption if an approved family is
available either outside of the Department region handling
the case, or outside of the State of Illinois.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall offer family
preservation services, as defined in Section 8.2 of the
Abused and Neglected Child Reporting Act, to help families,
including adoptive and extended families. Family preservation
services shall be offered (i) to prevent the placement of
children in substitute care when the children can be cared
for at home or in the custody of the person responsible for
the children's welfare, (ii) to reunite children with their
families, or (iii) to maintain an adoptive placement. Family
preservation services shall only be offered when doing so
will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to
the Juvenile Court Act of 1987, family preservation services
shall not be offered if a goal other than those of
subdivisions (A), (B), or (B-1) of subsection (2) of Section
2-28 of that Act has been set. Nothing in this paragraph
shall be construed to create a private right of action or
claim on the part of any individual or child welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional
hearing where the Department believes that further
reunification services would be ineffective, it may request a
finding from the court that reasonable efforts are no longer
appropriate. The Department is not required to provide
further reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-501 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or
5-501 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3
of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(m-1) The Department may place children under 18 years
of age in a secure child care facility licensed by the
Department that cares for children who are in need of secure
living arrangements for their health, safety, and well-being
after a determination is made by the facility director and
the Director or the Director's designate prior to admission
to the facility subject to Section 2-27.1 of the Juvenile
Court Act of 1987. This subsection (m-1) does not apply to a
child who is subject to placement in a correctional facility
operated pursuant to Section 3-15-2 of the Unified Code of
Corrections.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by (i) a child
or foster family concerning a decision following an initial
review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary
to care for and safeguard the child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 2605-355 55a of the Department
of State Police Law (20 ILCS 2605/2605-355) Civil
Administrative Code of Illinois if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
on-line communication with the Department of State Police's
central criminal history data repository. The Department
shall comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or
not the child has the freedom of movement within the
perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
7-30-98; revised 8-12-98.)
Section 5-142. The Illinois Commission on Community
Service Act is amended by changing Section 10 as follows:
(20 ILCS 710/10)
Sec. 10. Civil Administrative Code. To the extent that
Section 405-500 67.35 of the Department of Central Management
Services Law (20 ILCS 405/405-500) Civil Administrative Code
of Illinois is applicable to this Act, this Act is subject to
the provisions of Section 405-500 67.35 of the Department of
Central Management Services Law (20 ILCS 405/405-500) Civil
Administrative Code of Illinois.
(Source: P.A. 90-609, eff. 6-30-98.)
Section 5-145. The Financial Institutions Code is amended
by changing Section 6 as follows:
(20 ILCS 1205/6) (from Ch. 17, par. 106)
Sec. 6. In addition to the duties imposed elsewhere in
this Act, the Department has the following powers:
(1) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under "An Act to
provide for the incorporation, management and regulation of
pawners' societies and limiting the rate of compensation to
be paid for advances, storage and insurance on pawns and
pledges and to allow the loaning of money upon personal
property", approved March 29, 1899, as amended.
(2) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under "An Act in
relation to the definition, licensing and regulation of
community currency exchanges and ambulatory currency
exchanges, and the operators and employees thereof, and to
make an appropriation therefor, and to provide penalties and
remedies for the violation thereof", approved June 30, 1943,
as amended.
(3) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act in
relation to the buying and selling of foreign exchange and
the transmission or transfer of money to foreign countries",
approved June 28, 1923, as amended.
(4) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act to
provide for and regulate the business of guaranteeing titles
to real estate by corporations", approved May 13, 1901, as
amended.
(5) To exercise the rights, powers and duties vested by
law in the Department of Insurance under "An Act to define,
license, and regulate the business of making loans of eight
hundred dollars or less, permitting an interest charge
thereon greater than otherwise allowed by law, authorizing
and regulating the assignment of wages or salary when taken
as security for any such loan or as consideration for a
payment of eight hundred dollars or less, providing
penalties, and to repeal Acts therein named", approved July
11, 1935, as amended.
(6) To administer and enforce "An Act to license and
regulate the keeping and letting of safety deposit boxes,
safes, and vaults, and the opening thereof, and to repeal a
certain Act therein named", approved June 13, 1945, as
amended.
(7) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of "the Department of State Police
Law (20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois", the Department of State Police is authorized to
furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 86-610.)
Section 5-147. The Department of Human Services Act is
amended by changing Sections 1-15 and 10-25 as follows:
(20 ILCS 1305/1-15)
Sec. 1-15. Department; Secretary; organization.
(a) The Department of Human Services, created in Section
5-15 3 of the Departments of State Government Law (20 ILCS
5/5-15) Civil Administrative Code of Illinois, shall begin
operation on July 1, 1997.
(b) The Department shall be under the direction of the
Secretary of Human Services and 2 Assistant Secretaries, as
provided in the Civil Administrative Code of Illinois.
(c) The Governor may appoint up to 7 Associate
Secretaries to head the major programmatic divisions of the
Department. Associate Secretaries shall be appointed for
2-year terms and shall be subject to confirmation by the
Senate in the same manner as the Assistant Secretaries. The
compensation of Associate Secretaries shall be determined by
the Secretary.
(d) The Secretary shall create divisions and
administrative units within the Department and shall assign
functions, powers, duties, and personnel as may now or in the
future be required by federal law. The Secretary may create
other divisions and administrative units and may assign other
functions, powers, duties, and personnel as may be necessary
or desirable to carry out the functions and responsibilities
vested by law in the Department.
(Source: P.A. 89-507, eff. 7-3-96.)
(20 ILCS 1305/10-25)
Sec. 10-25. Women, Infants, and Children Nutrition
Program.
(a) The Department shall participate in the Women,
Infants and Children Nutrition program of the federal
government to the maximum extent permitted by the federal
appropriation and allocation to the State of Illinois. The
Department shall report quarterly to the Governor and the
General Assembly the status of obligations and expenditures
of the WIC nutrition program appropriation and make
recommendations on actions necessary to expend all available
federal funds. Other appropriations and funds from any
public or private source in addition to federal funds may be
used by the Department for the purpose of maximum
participation in the WIC nutrition program.
(b) The Department shall maintain a drug abuse education
program for participants in the Women, Infants and Children
Nutrition Program. The program shall include but need not be
limited to (1) the provision of information concerning the
dangers of drug abuse and (2) the referral of participants
who are suspected drug abusers to drug abuse clinics,
treatment programs, counselors or other drug abuse treatment
providers.
(c) The Department shall cooperate with the Department
of Public Health for purposes of the smoking cessation
program for participants in the Women, Infants and Children
Nutrition Program maintained by the Department of Public
Health under Section 2310-435 55.44 of the Department of
Public Health Powers and Duties Law (20 ILCS 2310/2310-435)
Civil Administrative Code of Illinois.
(d) The Department may contract with any bank as defined
by the Illinois Banking Act to redeem bank drafts issued by
the Department under the United States Department of
Agriculture Special Supplemental Food Program for Women,
Infants and Children (WIC). Any bank with which the
Department has entered into a contract to redeem bank drafts
may receive, pursuant to an appropriation to the Department,
an initial advance and periodic payment of funds for the
Women, Infants and Children Program in amounts determined by
the Secretary. Notwithstanding any other law, such funds
shall be retained in a separate account by the bank. Any
interest earned by monies in such account shall accrue to the
USDA Women, Infants and Children Fund and shall be used
exclusively for the redemption of bank drafts issued by the
Department. WIC program food funds received by the bank from
the Department shall be used exclusively for the redemption
of bank drafts. The bank shall not use such food funds, or
interest accrued thereon, for any other purpose including,
but not limited to, reimbursement of administrative expenses
or payments of administrative fees due the bank pursuant to
its contract or contracts with the Department.
Such initial and periodic payments by the Department to
the bank shall be effected, pursuant to an appropriation, in
an amount needed for the redemption of bank drafts issued by
the Department under the United States Department of
Agriculture Special Supplemental Food Program for Women,
Infants and Children in any initial or succeeding period.
The State Comptroller shall, upon presentation by the
Secretary of adequate certification of funds needed for
redemption of bank drafts, promptly draw a warrant payable to
the bank for deposit to the separate account of the bank.
Such certification may be in magnetic tape or computer output
form, indicating the amount of the total payment made by the
bank for the redemption of bank drafts from funds provided to
the bank under this Section.
The separate account of the bank established under this
Section, any payments to that account, and the use of such
account and funds shall be subject to (1) audit by the
Department or a private contractor authorized by the
Department to conduct audits, including but not limited to
such audits as may be required by State law, (2) audit by the
federal government or a private contractor authorized by the
federal government, and (3) post audit pursuant to the
Illinois State Auditing Act.
(e) The Department may include a program of lactation
support services as part of the benefits and services
provided for pregnant and breast feeding participants in the
Women, Infants and Children Nutrition Program. The program
may include payment for breast pumps, breast shields, or any
supply deemed essential for the successful maintenance of
lactation, as well as lactation specialists who are
registered nurses, licensed dietitians, or persons who have
successfully completed a lactation management training
program.
(f) The Department shall coordinate the operation of the
Women, Infants and Children program with the Medicaid program
by interagency agreement whereby each program provides
information about the services offered by the other to
applicants for services.
(Source: P.A. 89-507, eff. 7-1-97; 90-290, eff. 1-1-98.)
Section 5-150. The Department of Public Health Act is
amended by changing Section 2 as follows:
(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
Sec. 2. Powers.
(a) The State Department of Public Health has general
supervision of the interests of the health and lives of the
people of the State. It has supreme authority in matters of
quarantine, and may declare and enforce quarantine when none
exists, and may modify or relax quarantine when it has been
established. The Department may adopt, promulgate, repeal
and amend rules and regulations and make such sanitary
investigations and inspections as it may from time to time
deem necessary for the preservation and improvement of the
public health, consistent with law regulating the following:
(1) Transportation of the remains of deceased
persons.
(2) Sanitary practices relating to drinking water
made accessible to the public for human consumption or
for lavatory or culinary purposes.
(3) Sanitary practices relating to rest room
facilities made accessible to the public or to persons
handling food served to the public.
(4) Sanitary practices relating to disposal of
human wastes in or from all buildings and places where
people live, work or assemble.
The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of
Public Health under this Act, except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures
for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
All local boards of health, health authorities and
officers, police officers, sheriffs and all other officers
and employees of the state or any locality shall enforce the
rules and regulations so adopted.
The Department of Public Health shall conduct a public
information campaign to inform Hispanic women of the high
incidence of breast cancer and the importance of mammograms
and where to obtain a mammogram. This requirement may be
satisfied by translation into Spanish and distribution of the
breast cancer summaries required by Section 2310-345 55.49 of
the Department of Public Health Powers and Duties Law (20
ILCS 2310/2310-345) Civil Administrative Code of Illinois.
The information provided by the Department of Public Health
shall include (i) a statement that mammography is the most
accurate method for making an early detection of breast
cancer, however, no diagnostic tool is 100% effective and
(ii) instructions for performing breast self-examination and
a statement that it is important to perform a breast
self-examination monthly.
The Department of Public Health shall investigate the
causes of dangerously contagious or infectious diseases,
especially when existing in epidemic form, and take means to
restrict and suppress the same, and whenever such disease
becomes, or threatens to become epidemic, in any locality and
the local board of health or local authorities neglect or
refuse to enforce efficient measures for its restriction or
suppression or to act with sufficient promptness or
efficiency, or whenever the local board of health or local
authorities neglect or refuse to promptly enforce efficient
measures for the restriction or suppression of dangerously
contagious or infectious diseases, the Department of Public
Health may enforce such measures as it deems necessary to
protect the public health, and all necessary expenses so
incurred shall be paid by the locality for which services are
rendered.
(b) Subject to the provisions of subsection (c), the
Department may order a person to be quarantined or isolated
or a place to be closed and made off limits to the public to
prevent the probable spread of a dangerously contagious or
infectious disease, including non-compliant tuberculosis
patients, until such time as the condition can be corrected
or the danger to the public health eliminated or reduced in
such a manner that no substantial danger to the public's
health any longer exists.
(c) No person may be ordered to be quarantined or
isolated and no place may be ordered to be closed and made
off limits to the public except with the consent of the
person or owner of the place or upon the order of a court of
competent jurisdiction. To obtain a court order, the
Department, by clear and convincing evidence, must prove that
the public's health and welfare are significantly endangered
by a person with a dangerously contagious or infectious
disease including non-compliant tuberculosis patients or by a
place where there is a significant amount of activity likely
to spread a dangerously contagious or infectious disease.
The Department must also prove that all other reasonable
means of correcting the problem have been exhausted and no
less restrictive alternative exists.
(d) This Section shall be considered supplemental to the
existing authority and powers of the Department and shall not
be construed to restrain or restrict the Department in
protecting the public health under any other provisions of
the law.
(e) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any dangerously contagious or infectious disease in
connection with the Department's power of quarantine,
isolation and closure or refuses to comply with a quarantine,
isolation or closure order is guilty of a Class A
misdemeanor.
(f) The Department of Public Health may establish and
maintain a chemical and bacteriologic laboratory for the
examination of water and wastes, and for the diagnosis of
diphtheria, typhoid fever, tuberculosis, malarial fever and
such other diseases as it deems necessary for the protection
of the public health.
As used in this Act, "locality" means any governmental
agency which exercises power pertaining to public health in
an area less than the State.
The terms "sanitary investigations and inspections" and
"sanitary practices" as used in this Act shall not include or
apply to "Public Water Supplies" or "Sewage Works" as defined
in the Environmental Protection Act.
(Source: P.A. 88-45; 89-187, eff. 7-19-95; 89-381, eff.
8-18-95; 89-626, eff. 8-9-96.)
Section 5-155. The Disabled Persons Rehabilitation Act is
amended by changing Section 12a as follows:
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with severe
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner. The Department shall adopt rules for
implementing the State plan in accordance with the federal
Act, including rules adopted under the federal Act governing
the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of
independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The unit of the Department headed by the
vocational rehabilitation administrator shall be designated
the State unit under Title VII of the federal Act and shall
have the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The vocational rehabilitation administrator and the
Chairperson of the Council are responsible for jointly
developing and signing the State plan required by Section 704
of the federal Act. The State plan shall conform to the
requirements of Section 704 of the federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) A representative from the unit of the
Department of Human Services responsible for the
administration of the vocational rehabilitation program
and a representative from another unit in the Department
of Human Services that provides services for individuals
with disabilities and a representative each from the
Department on Aging, the State Board of Education, and
the Department of Children and Family Services, all as
ex-officio, non-voting members who shall not be counted
in the 18 members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities; (iii) who are knowledgeable
about centers for independent living and independent living
services; and (iv) a majority of whom are persons who are
individuals with disabilities and are not employed by any
State agency or center for independent living. The terms of
all members of the Independent Living Advisory Council who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
The council shall elect a chairperson from among its
membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the initial
members shall be appointed for terms of one year, 6 shall be
appointed for terms of 2 years, and 6 shall be appointed for
terms of 3 years. No member of the council may serve more
than 2 consecutive full terms.
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 5-505 8 of the Departments of State
Government Law (20 ILCS 5/5-505) Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the vocational rehabilitation administrator a
peer review committee to consider and make recommendations
for grants to eligible centers for independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the vocational rehabilitation administrator requires.
Beginning October 1, 1994, the vocational rehabilitation
administrator may award grants to any eligible center for
independent living that is receiving funds under Title VII of
the federal Act, unless the vocational rehabilitation
administrator makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the vocational rehabilitation
administrator may award a grant under this subsection to one
or more eligible agencies, consistent with the provisions of
the State plan setting forth the design of the State for
establishing a statewide network for centers for independent
living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the vocational rehabilitation administrator and the
chairperson of (or other individual designated by) the
Council acting on behalf of and at the direction of the
Council shall jointly appoint a peer review committee that
shall rank applications in accordance with the standards and
assurances set forth in Section 725 of the federal Act and
criteria jointly established by the vocational rehabilitation
administrator and the chairperson or designated individual.
The peer review committee shall consider the ability of the
applicant to operate a center for independent living and
shall recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with severe
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The vocational rehabilitation administrator shall award
the grant on the basis of the recommendation of the peer
review committee if the actions of the committee are
consistent with federal and State law.
(f) Evaluation and review. The vocational
rehabilitation administrator shall periodically review each
center for independent living that receives funds from the
Department under Title VII of the federal Act, or moneys
appropriated from the General Revenue Fund, to determine
whether the center is in compliance with the standards and
assurances set forth in Section 725 of the federal Act. If
the vocational rehabilitation administrator determines that
any center receiving those federal or State funds is not in
compliance with the standards and assurances set forth in
Section 725, the vocational rehabilitation administrator
shall immediately notify the center that it is out of
compliance. The vocational rehabilitation administrator
shall terminate all funds to that center 90 days after the
date of notification or, in the case of a center that
requests an appeal, the date of any final decision, unless
the center submits a plan to achieve compliance within 90
days and that plan is approved by the vocational
rehabilitation administrator or (if on appeal) by the
Commissioner.
(Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-372, eff. 7-1-98; 90-453, eff. 8-16-97.)
Section 5-160. The State Police Act is amended by
changing Sections 1 and 17a as follows:
(20 ILCS 2610/1) (from Ch. 121, par. 307.1)
Sec. 1. The Department of State Police, hereinafter
called the Department, shall maintain divisions in accordance
with Section 2605-25 55a-1 of the Department of State Police
Law (20 ILCS 2605/2605-25) Civil Administrative Code of
Illinois. The Department, by the Director, shall appoint
State policemen, also known as State Police Officers, as
provided in this Act.
(Source: P.A. 85-1042.)
(20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
Sec. 17a. The Department of Central Management Services
shall procure and furnish to each State policeman, without
cost to him, public liability insurance protecting him
against any liability arising out of his employment to the
extent of the insurance policy limits not exceeding $100,000
or include each such State policeman under a self-insurance
plan implemented under Section 405-105 64.1 of the Department
of Central Management Services Law (20 ILCS 405/405-105)
Civil Administrative Code of Illinois.
(Source: P.A. 82-789.)
Section 5-165. The Criminal Identification Act is
amended by changing Section 3 as follows:
(20 ILCS 2630/3) (from Ch. 38, par. 206-3)
Sec. 3. (A) The Department shall file or cause to be
filed all plates, photographs, outline pictures,
measurements, descriptions and information which shall be
received by it by virtue of its office and shall make a
complete and systematic record and index of the same,
providing thereby a method of convenient reference and
comparison. The Department shall furnish, upon application,
all information pertaining to the identification of any
person or persons, a plate, photograph, outline picture,
description, measurements, or any data of which there is a
record in its office. Such information shall be furnished to
peace officers of the United States, of other states or
territories, of the Insular possessions of the United States,
of foreign countries duly authorized to receive the same, to
all peace officers of the State of Illinois, to investigators
of the Illinois Law Enforcement Training Standards Board and,
conviction information only, to units of local government,
school districts and private organizations, under the
provisions of Section 2605-10, 2605-15, 2605-75, 2605-100,
2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140,
2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435,
2605-500, 2605-525, or 2605-550 of the Department of State
Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115,
2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190,
2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215,
2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305,
2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365,
2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405,
2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500,
2605/2605-525, or 2605/2605-550) Section 55a of the Civil
Administrative Code of Illinois. Applications shall be in
writing and accompanied by a certificate, signed by the peace
officer or chief administrative officer or his designee
making such application, to the effect that the information
applied for is necessary in the interest of and will be used
solely in the due administration of the criminal laws or for
the purpose of evaluating the qualifications and character of
employees or prospective employees of units of local
government and school districts and of employees, prospective
employees, volunteers or prospective volunteers of such
private organizations.
For the purposes of this subsection, "chief
administrative officer" is defined as follows:
a) The city manager of a city or, if a city does
not employ a city manager, the mayor of the city.
b) The manager of a village or, if a village does
not employ a manager, the president of the village.
c) The chairman or president of a county board or,
if a county has adopted the county executive form of
government, the chief executive officer of the county.
d) The president of the school board of a school
district.
e) The supervisor of a township.
f) The official granted general administrative
control of a special district, an authority, or
organization of government establishment by law which may
issue obligations and which either may levy a property
tax or may expend funds of the district, authority, or
organization independently of any parent unit of
government.
g) The executive officer granted general
administrative control of a private organization defined
in subsection 27 of Section 2605-335 55a of the
Department of State Police Law (20 ILCS 2605/2605-335)
Civil Administrative Code of Illinois.
(B) Upon written application and payment of fees
authorized by this subsection, State agencies and units of
local government, not including school districts, are
authorized to submit fingerprints of employees, prospective
employees and license applicants to the Department for the
purpose of obtaining conviction information maintained by the
Department and the Federal Bureau of Investigation about such
persons. The Department shall submit such fingerprints to
the Federal Bureau of Investigation on behalf of such
agencies and units of local government. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection.
(C) Upon payment of fees authorized by this subsection,
the Department shall furnish to the commanding officer of a
military installation in Illinois having an arms storage
facility, upon written request of such commanding officer or
his designee, and in the form and manner prescribed by the
Department, all criminal history record information
pertaining to any individual seeking access to such a storage
facility, where such information is sought pursuant to a
federally-mandated security or criminal history check.
The Department shall establish and charge a fee, not to
exceed actual costs, for providing information pursuant to
this subsection.
(Source: P.A. 88-461; 88-586, eff. 8-12-94.)
Section 5-170. The Capital Development Board Act is
amended by changing Section 9.08a as follows:
(20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
Sec. 9.08a. The Capital Development Board is authorized,
with the consent in writing of the Director of Central
Management Services and of the Governor, to acquire by
condemnation in the manner provided for the exercise of the
power of eminent domain under Article VII of the Code of
Civil Procedure, all lands, buildings and grounds for which
an appropriation may be made by the General Assembly, other
than those acquired by those agencies specified under Section
5-675 51 of the Departments of State Government Law (20 ILCS
5/5-675) Civil Administrative Code of Illinois, as amended.
(Source: P.A. 85-846.)
Section 5-175. The Commissioner of Banks and Trust
Companies Act is amended by changing Section 5 as follows:
(20 ILCS 3205/5) (from Ch. 17, par. 455)
Sec. 5. Powers. In addition to all the other powers and
duties provided by law, the Commissioner shall have the
following powers:
(a) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
the Illinois Banking Act.
(b) To exercise the rights, powers and duties formerly
vested by law in the Department of Financial Institutions
under "An act to provide for and regulate the administration
of trusts by trust companies", approved June 15, 1887, as
amended.
(c) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
"An act authorizing foreign corporations, including banks and
national banking associations domiciled in other states, to
act in a fiduciary capacity in this state upon certain
conditions herein set forth", approved July 13, 1953, as
amended.
(d) Whenever the Commissioner is authorized or required
by law to consider or to make findings regarding the
character of incorporators, directors, management personnel,
or other relevant individuals under the Illinois Banking Act,
the Corporate Fiduciary Act, the Pawnbroker Regulation Act,
or at other times as the Commissioner deems necessary for the
purpose of carrying out the Commissioner's statutory powers
and responsibilities, the Commissioner shall consider
criminal history record information, including nonconviction
information, pursuant to the Criminal Identification Act.
The Commissioner shall, in the form and manner required by
the Department of State Police and the Federal Bureau of
Investigation, cause to be conducted a criminal history
record investigation to obtain information currently
contained in the files of the Department of State Police or
the Federal Bureau of Investigation, provided that the
Commissioner need not cause additional criminal history
record investigations to be conducted on individuals for whom
the Commissioner, a federal bank regulatory agency, or any
other government agency has caused such investigations to
have been conducted previously unless such additional
investigations are otherwise required by law or unless the
Commissioner deems such additional investigations to be
necessary for the purposes of carrying out the Commissioner's
statutory powers and responsibilities. The Department of
State Police shall provide, on the Commissioner's request,
information concerning criminal charges and their disposition
currently on file with respect to a relevant individual.
Information obtained as a result of an investigation under
this Section shall be used in determining eligibility to be
an incorporator, director, management personnel, or other
relevant individual in relation to a financial institution or
other entity supervised by the Commissioner. Upon request
and payment of fees in conformance with the requirements of
paragraph (22) of subsection (A) of Section 2605-400 55a of
the Department of State Police Law (20 ILCS 2605/2605-400)
Civil Administrative Code of Illinois, the Department of
State Police is authorized to furnish, pursuant to positive
identification, such information contained in State files as
is necessary to fulfill the request.
(Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97;
90-602, eff. 7-1-98.)
Section 5-180. The Historic Preservation Agency Act is
amended by changing Sections 5.1 and 12 as follows:
(20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
Sec. 5.1. The powers, duties and authority granted to
the Department of Conservation pursuant to the provisions of
Section 63a21.2 of the Civil Administrative Code of Illinois
(renumbered; now Section 805-315 of the Department of Natural
Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a
cash incentive to a qualified bidder for the development,
construction and supervision of a concession complex at
Lincoln's New Salem State Park are is transferred to the
Historic Preservation Agency.
(Source: P.A. 84-1348.)
(20 ILCS 3405/12) (from Ch. 127, par. 2712)
Sec. 12. The Agency shall exercise all rights, powers
and duties vested in the Department of Conservation by
Section 63a34 of "the Civil Administrative Code of Illinois
(renumbered; now Section 805-220 of the Department of Natural
Resources (Conservation) Law, 20 ILCS 805/805-220)", approved
March 7, 1917, as amended.
(Source: P.A. 84-25.)
Section 5-182. The Illinois River Watershed Restoration
Act is amended by changing Section 15 as follows:
(20 ILCS 3967/15)
Sec. 15. Illinois River Coordinating Council.
(a) There is established the Illinois River Coordinating
Council, consisting of 13 voting members to be appointed by
the Governor. One member shall be the Lieutenant Governor who
shall serve as a voting member and as chairperson of the
Council. The Agency members of the Council shall include the
Director, or his or her designee, of each of the following
agencies: the Department of Agriculture, the Department of
Commerce and Community Affairs, the Illinois Environmental
Protection Agency, the Department of Natural Resources, and
the Department of Transportation. In addition, the Council
shall include one member representing Soil and Water
Conservation Districts located within the Watershed of the
Illinois River and its tributaries and 6 members representing
local communities, not-for-profit organizations working to
protect the Illinois River Watershed, business, agriculture,
recreation, conservation, and the environment. The Governor
may, at his or her discretion, appoint individuals
representing federal agencies to serve as ex officio,
non-voting members.
(b) Members of the Council shall serve 2-year terms,
except that of the initial appointments, 5 members shall be
appointed to serve 3-year terms and 4 members to serve
one-year terms.
(c) The Council shall meet at least quarterly.
(d) The Office of the Lieutenant Governor shall be
responsible for the operations of the Council. The Office
may reimburse members of the Council for ordinary and
contingent expenses incurred in the performance of Council
duties.
(e) This Section is subject to the provisions of Section
405-500 67.35 of the Department of Central Management
Services Law (20 ILCS 405/405-500) Civil Administrative Code
of Illinois.
(Source: P.A. 90-120, eff. 7-16-97; 90-609, eff. 6-30-98.)
Section 5-183. The Illinois Wildlife Prairie Park Act is
amended by changing Section 15 as follows:
(20 ILCS 4029/15)
Sec. 15. Illinois Wildlife Prairie Park Commission. The
Illinois Wildlife Prairie Park Commission is created to
accept moneys from the State and other private or public
entities on behalf of the Illinois Wildlife Prairie Park and
to oversee the financial management of any such moneys used
for the benefit of the Illinois Wildlife Prairie Park. The
Commission shall be composed of 5 members. Membership of the
Commission shall be composed of the Lieutenant Governor, who
shall be the chairman of the Commission, and 4 other persons
appointed by the Governor, with the advice and consent of the
Senate, who have demonstrated an interest in recreation,
education, and the conservation of natural resources,
including the propagation of wild flowers and plants and the
habitat for native fauna. All members shall be ex officio
directors of the board of the Foundation or the Foundation's
successor. Members of the Commission appointed by the
Governor shall be appointed for terms of 4 years and until
their successors are appointed; provided that of the
Commissioners first appointed, one shall serve a term of 2
years, one shall serve a term of 3 years, and 2 shall serve
terms of 4 years as determined by drawing lots. Members of
the Commission shall receive no compensation for their
services, except for their actual and necessary expenses
incurred in the performance of their official duties. Three
members of the Commission shall constitute a quorum to do
business, and the concurrence of at least 3 members shall be
necessary for a decision. The Commission shall hold regular
quarterly meetings. Special meetings may be called by the
chairperson and shall be called on the request of a majority
of members, as may be required.
The Commission shall provide for the proper and safe
keeping of its permanent records. It shall keep a system of
accounts showing a true and accurate record of its receipts
and disbursements, and it shall cause an audit to be made of
its books, records, and accounts.
The records of the Commission shall be subject to public
inspection at all reasonable hours and under such
regulations as the members may prescribe.
The Commission shall annually make a full and complete
report to the Governor and the General Assembly of the
transactions and operations of the Commission for the
preceding year. The report shall contain a full statement of
the Commission's receipts and disbursements and the program
of work for the period covered, and may include such
recommendations as may be deemed advisable.
This Section is subject to the provisions of Section
405-500 67.35 of the Department of Central Management
Services Law (20 ILCS 405/405-500) Civil Administrative Code
of Illinois.
(Source: P.A. 90-501, eff. 8-19-97; 90-609, eff. 6-30-98.)
Section 5-185. The State Finance Act is amended by
changing Sections 6p-1, 6p-2, 6z-38, 8.16a, 8.25, 8.33, 12-1,
13.4, 14, 14b, and 36 as follows:
(30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
Sec. 6p-1. The Statistical Services Revolving Fund shall
be initially financed by a transfer of funds from the General
Revenue Fund. Thereafter, all fees and other monies received
by the Department of Central Management Services in payment
for statistical services rendered pursuant to Section 405-20
35.7 of the Department of Central Management Services Law (20
ILCS 405/405-20) Civil Administrative Code of Illinois, shall
be paid into the Statistical Services Revolving Fund. The
money in this fund shall be used by the Department of Central
Management Services as reimbursement for expenditures
incurred in rendering statistical services.
(Source: P.A. 82-789.)
(30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
Sec. 6p-2. The Communications Revolving Fund shall be
initially financed by a transfer of funds from the General
Revenue Fund. Thereafter, all fees and other monies received
by the Department of Central Management Services in payment
for telecommunications services rendered pursuant to Section
405-270 67.18 of the Department of Central Management
Services Law (20 ILCS 405/405-270) Civil Administrative Code
of Illinois or sale of surplus State communications equipment
shall be paid into the Communications Revolving Fund. The
money in this fund shall be used by the Department of Central
Management Services as reimbursement for expenditures
incurred in relation to telecommunications services.
(Source: P.A. 84-961.)
(30 ILCS 105/6z-38)
Sec. 6z-38. General Professions Dedicated Fund. The
General Professions Dedicated Fund is created in the State
treasury. Moneys in the Fund shall be invested and earnings
on the investments shall be retained in the Fund. Moneys in
the Fund shall be appropriated to the Department of
Professional Regulation for the ordinary and contingent
expenses of the Department. Moneys in the Fund may be
transferred to the Professions Indirect Cost Fund as
authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
(Source: P.A. 88-683, eff. 1-24-95; 89-204, eff. 1-1-96.)
(30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
Sec. 8.16a. Appropriations for the procurement,
installation, retention, maintenance and operation of
electronic data processing and information devices used by
state agencies subject to Section 405-20 35.7 of the
Department of Central Management Services Law (20 ILCS
405/405-20) Civil Administrative Code of Illinois, the
purchase of necessary supplies and equipment and accessories
thereto, and all other expenses incident to the operation and
maintenance of those electronic data processing and
information devices are payable from the Statistical Services
Revolving Fund. However, no contract shall be entered into or
obligation incurred for any expenditure from the Statistical
Services Revolving Fund until after the purpose and amount
has been approved in writing by the Director of Central
Management Services. Until there are sufficient funds in the
Statistical Services Revolving Fund to carry out the purposes
of this amendatory Act of 1965, however, the State agencies
subject to that Section 405-20 35.7 of the Civil
Administrative Code of Illinois, shall, on written approval
of the Director of Central Management Services, pay the cost
of operating and maintaining electronic data processing
systems from current appropriations as classified and
standardized in "An Act in relation to State finance",
approved June 10, 1919, as amended.
(Source: P.A. 82-789.)
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
Sec. 8.25. Build Illinois Fund; uses.
(A) All moneys in the Build Illinois Fund shall be
transferred, appropriated, and used only for the purposes
authorized by and subject to the limitations and conditions
prescribed by this Section. There are established the
following accounts in the Build Illinois Fund: the McCormick
Place Account, the Build Illinois Bond Account, the Build
Illinois Purposes Account, the Park and Conservation Fund
Account, and the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting of
1.55% before July 1, 1986, and 1.75% on and after July 1,
1986, of moneys received by the Department of Revenue under
Section 9 of the Use Tax Act, Section 9 of the Service Use
Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act, and all
amounts deposited therein under Section 28 of the Illinois
Horse Racing Act of 1975, Section 4.05 of the Chicago World's
Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
Operators' Occupation Tax Act, shall be credited initially to
the McCormick Place Account and all other amounts deposited
into the Build Illinois Fund shall be credited initially to
the Build Illinois Bond Account. Of the amounts initially so
credited to the McCormick Place Account in each month, the
amount that is to be transferred in that month to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund, as provided below, shall remain credited to the
McCormick Place Account, and all amounts initially so
credited in that month in excess thereof shall next be
credited to the Build Illinois Bond Account. Of the amounts
credited to the Build Illinois Bond Account in each month,
the amount that is to be transferred in that month to the
Build Illinois Bond Retirement and Interest Fund, as provided
below, shall remain credited to the Build Illinois Bond
Account, and all amounts so credited in each month in excess
thereof shall next be credited monthly to the other accounts
in the following order of priority: first, to the Build
Illinois Purposes Account, (a) 1/12, or in the case of fiscal
year 1986, 1/9, of the fiscal year amounts authorized to be
transferred to the Build Illinois Purposes Fund as provided
below plus (b) any cumulative deficiency in those transfers
for prior months; second, 1/12 of $10,000,000, plus any
cumulative deficiency in those transfers for prior months, to
the Park and Conservation Fund Account; and third, to the
General Revenue Fund in the State Treasury all amounts that
remain in the Build Illinois Fund on the last day of each
month and are not credited to any account in that Fund.
Transfers from the McCormick Place Account in the Build
Illinois Fund shall be made as follows:
Beginning with fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and Exposition
Authority shall annually certify to the State Comptroller and
State Treasurer the amount necessary and required during the
fiscal year with respect to which the certification is made
to pay the debt service requirements (including amounts to be
paid with respect to arrangements to provide additional
security or liquidity) on all outstanding bonds and notes,
including refunding bonds (herein collectively referred to as
bonds) of issues in the aggregate amount (excluding the
amount of any refunding bonds issued by that Authority after
January 1, 1986) of not more than $312,500,000 issued after
July 1, 1984, by that Authority for the purposes specified in
Sections 10.1 and 13.1 of the Metropolitan Pier and
Exposition Authority Act. In each month of the fiscal year
in which there are bonds outstanding with respect to which
the annual certification is made, the Comptroller shall order
transferred and the Treasurer shall transfer from the
McCormick Place Account in the Build Illinois Fund to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund an amount equal to 150% of the certified amount for that
fiscal year divided by the number of months during that
fiscal year in which bonds of the Authority are outstanding,
plus any cumulative deficiency in those transfers for prior
months; provided, that the maximum amount that may be so
transferred in fiscal year 1985 shall not exceed $15,000,000
or a lesser sum as is actually necessary and required to pay
the debt service requirements for that fiscal year after
giving effect to net operating revenues of that Authority
available for that purpose as certified by that Authority,
and provided further that the maximum amount that may be so
transferred in fiscal year 1986 shall not exceed $30,000,000
and in each fiscal year thereafter shall not exceed
$33,500,000 in any fiscal year or a lesser sum as is actually
necessary and required to pay the debt service requirements
for that fiscal year after giving effect to net operating
revenues of that Authority available for that purpose as
certified by that Authority.
When an amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year with respect to
bonds issued after July 1, 1984, that by their terms are
payable from the Metropolitan Fair and Exposition Authority
Improvement Bond Fund, including under sinking fund
requirements, has been so paid and deficiencies in reserves
established from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred to the
Authority as provided in Section 13.1 of the Metropolitan
Pier and Exposition Authority Act, the remaining moneys, if
any, deposited and to be deposited during each fiscal year to
the Metropolitan Fair and Exposition Authority Improvement
Bond Fund shall be transferred to the Metropolitan Fair and
Exposition Authority Completion Note Subordinate Fund.
Transfers from the Build Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
Beginning with fiscal year 1986 and continuing for each
fiscal year thereafter so long as limited obligation bonds of
the State issued under the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and the
Treasurer shall transfer in each month, commencing in
October, 1985, on the last day of that month, from the Build
Illinois Bond Account to the Build Illinois Bond Retirement
and Interest Fund in the State Treasury the amount required
to be so transferred in that month under Section 13 of the
Build Illinois Bond Act.
Transfers from the remaining accounts in the Build
Illinois Fund shall be made in the following amounts and in
the following order of priority:
Beginning with fiscal year 1986 and continuing each
fiscal year thereafter, as soon as practicable after the
first day of each month, commencing in October, 1985, the
Comptroller shall order transferred and the Treasurer shall
transfer from the Build Illinois Purposes Account in the
Build Illinois Fund to the Build Illinois Purposes Fund
1/12th (or in the case of fiscal year 1986 1/9) of the
amounts specified below for the following fiscal years:
Fiscal Year Amount
1986 $35,000,000
1987 $45,000,000
1988 $50,000,000
1989 $55,000,000
1990 $55,000,000
1991 $50,000,000
1992 $16,200,000
1993 $16,200,000,
plus any cumulative deficiency in those transfers for prior
months.
As soon as may be practicable after the first day of each
month beginning after July 1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Park and Conservation Fund Account in the Build Illinois Fund
to the Park and Conservation Fund 1/12 of $10,000,000, plus
any cumulative deficiency in those transfers for prior
months, for conservation and park purposes as enumerated in
Section 805-420 63a36 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420) Civil Administrative
Code of Illinois, and to pay the debt service requirements on
all outstanding bonds of an issue in the aggregate amount of
not more than $40,000,000 issued after January 1, 1985, by
the State of Illinois for the purposes specified in Section
3(c) of the Capital Development Bond Act of 1972, or for the
same purposes as specified in any other State general
obligation bond Act enacted after November 1, 1984. Transfers
from the Park and Conservation Fund to the Capital
Development Bond Retirement and Interest Fund to pay those
debt service requirements shall be made in accordance with
Section 8.25b of this Act.
All funds remaining in the Build Illinois Fund on the
last day of any month and not credited to any account in that
Fund shall be transferred by the State Treasurer to the
General Revenue Fund.
(B) For the purpose of this Section, "cumulative
deficiency" shall include all deficiencies in those transfers
that have occurred since July 1, 1984, as specified in
subsection (A) of this Section.
(C) In addition to any other permitted use of moneys in
the Fund, and notwithstanding any restriction on the use of
the Fund, moneys in the Park and Conservation Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess
of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount from the Fund to the
General Revenue Fund is hereby validated.
(D) (Blank).
(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
90-655, eff. 7-30-98.)
(30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
Sec. 8.33. All expenses incident to the leasing or use
of the State facilities listed in Section 405-315 67.24 of
the Department of Central Management Services Law (20 ILCS
405/405-315) Civil Administrative Code of Illinois for lease
or use terms not exceeding 30 days in length shall be payable
from the Special Events Revolving Fund.
Expenses incident to the lease or use of the State
facilities listed in Section 405-315 67.24 of the Department
of Central Management Services Law (20 ILCS 405/405-315)
Civil Administrative Code of Illinois shall include
expenditures for additional commodities, equipment,
furniture, improvements, personal services or other expenses
required by the Department of Central Management Services to
make such facilities available to the public and State
employees.
(Source: P.A. 87-435.)
(30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
Sec. 12-1. Travel control boards.
(a) The following travel control boards are created with
the members and jurisdiction set forth below:
(1) A Travel Control Board is created within the
Office of the Attorney General consisting of the Attorney
General as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(2) A Travel Control Board is created within the
Office of the State Comptroller consisting of the
Comptroller as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(3) The Higher Education Travel Control Board shall
consist of 11 members, one to be appointed by each of the
following: the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western
Illinois University, the Illinois Community College Board
and the Illinois Board of Higher Education. Each member
shall be an officer, member or employee of the board
making the appointment, or of an institution governed or
maintained by such board. The board shall have
jurisdiction over travel by the Board of Higher
Education, the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western
Illinois University, the Illinois Community College
Board, the State Community College of East St. Louis, the
Illinois State Scholarship Commission, the State
Universities Retirement System, the University Civil
Service Merit Board, the Board of Trustees of the
Illinois Mathematics and Science Academy and all
employees of the named Boards, Commission and System and
of the institutions governed or maintained by the named
Boards. The Higher Education Travel Control Board shall
select a chairman from among its members.
(4) The Legislative Travel Control Board shall
consist of the following members serving ex-officio: The
Auditor General as chairman, the President and the
Minority Leader of the Senate and the Speaker and the
Minority Leader of the House of Representatives. The
board shall have jurisdiction over travel by employees
of: the General Assembly, legislative boards and
commissions, the Office of the Auditor General and all
legislative agencies.
(5) A Travel Control Board is created within the
Office of the Lieutenant Governor consisting of the
Lieutenant Governor as chairman and 2 members of his
supervisory staff appointed by him. The board shall have
jurisdiction over travel by employees of the office. The
Travel Control Board within the office of the Lieutenant
Governor is subject to the provisions of Section 405-500
67.35 of the Department of Central Management Services
Law (20 ILCS 405/405-500) Civil Administrative Code of
Illinois.
(6) A Travel Control Board is created within the
Office of the Secretary of State consisting of the
Secretary of State as chairman, and 2 members of his
supervisory staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(7) A Travel Control Board is created within the
Judicial Branch consisting of a chairman and 2 members
appointed by the Supreme Court. The board shall have
jurisdiction over travel by personnel of the Judicial
Branch, except the circuit courts and the judges.
(8) A Travel Control Board is created under the
State Board of Education, consisting of the State
Superintendent of Education as chairman, and 2 members of
his supervisory staff appointed by the State Board of
Education. The Board shall have jurisdiction over travel
by employees of the State Board of Education.
(9) A Travel Control Board is created within the
Office of the State Treasurer, consisting of the State
Treasurer as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(10) A Governor's Travel Control Board is created
consisting of the Governor ex-officio as chairman, and 2
members appointed by the Governor. The board shall have
jurisdiction over travel by employees and officers of all
State agencies as defined in the Illinois State Auditing
Act, except for the following: judges, members of the
General Assembly, elected constitutional officers of the
State, the Auditor General, and personnel under the
jurisdiction of another travel control board created by
statute.
(a-5) The Commissioner of Banks and Real Estate, the
Prisoner Review Board, and the State Fire Marshal shall
submit to the Governor's Travel Control Board the quarterly
reports required by regulation pertaining to their employees
reimbursed for housing.
(b) Each travel control board created by this Section
shall meet at the call of the chairman at least quarterly to
review all vouchers, or a report thereof, for travel
reimbursements involving an exception to the State Travel
Regulations and Rates. Each travel control board shall
prescribe the procedures for submission of an information
copy of vouchers involving an exception to the general
provisions established by the State Travel Regulations and
Reimbursement Rates.
(c) Any chairman or member of a travel control board
may, with the consent of the respective appointing official,
designate a deputy to serve in his place at any or all
meetings of the board. The designation shall be in writing
and directed to the chairman of the board.
(d) No member of a travel control board may receive
additional compensation for his service as a member.
(e) A report of the travel reimbursement claims reviewed
by each travel control board shall be submitted to the
Legislative Audit Commission at least once each quarter and
that Commission shall comment on all such reports in its
annual reports to the General Assembly.
(Source: P.A. 89-4, eff. 1-1-96; 89-214, eff. 8-4-95; 89-508,
eff. 7-3-96; 89-626, eff. 8-9-96; 90-609, eff. 6-30-98.)
(30 ILCS 105/13.4) (from Ch. 127, par. 149.4)
Sec. 13.4. All appropriations recommended to the General
Assembly by the Governor in the State Budget submitted
pursuant to Section 50-5 38 of "the State Budget Law (15 ILCS
20/50-5) Civil Administrative Code of Illinois" shall be
incorporated into and prepared as one or more appropriation
bills which shall either be introduced in the General
Assembly or submitted to the legislative leaders of both the
Senate and the House of Representatives not later than 2
session days after the submission of the Governor's budget
recommendations immediately preceding the start of the fiscal
year for which the Budget is recommended.
(Source: P.A. 81-518.)
(30 ILCS 105/14) (from Ch. 127, par. 150)
Sec. 14. The item "personal services", when used in an
appropriation Act, means the reward or recompense made for
personal services rendered for the State by an officer or
employee of the State or of an instrumentality thereof, or
for the purpose of Section 14a of this Act, or any amount
required or authorized to be deducted from the salary of any
such person under the provisions of Section 30c of this Act,
or any retirement or tax law, or both, or deductions from the
salary of any such person under the Social Security Enabling
Act or deductions from the salary of such person pursuant to
the Voluntary Payroll Deductions Act of 1983.
If no home is furnished to a person who is a full-time
chaplain employed by the State or a former full-time chaplain
retired from State employment, 20% of the salary or pension
paid to that person for his personal services to the State as
chaplain are considered to be a rental allowance paid to him
to rent or otherwise provide a home. This amendatory Act of
1973 applies to State salary amounts received after December
31, 1973.
When any appropriation payable from trust funds or
federal funds includes an item for personal services but does
not include a separate item for State contribution for
employee group insurance, the State contribution for employee
group insurance in relation to employees paid under that
personal services line item shall also be payable under that
personal services line item.
When any appropriation payable from trust funds or
federal funds includes an item for personal services but does
not include a separate item for employee retirement
contributions paid by the employer, the State contribution
for employee retirement contributions paid by the employer in
relation to employees paid under that personal services line
item shall also be payable under that personal services line
item.
The item "personal services", when used in an
appropriation Act, shall also mean and include a payment to a
State retirement system by a State agency to discharge a debt
arising from the over-refund to an employee of retirement
contributions. The payment to a State retirement system
authorized by this paragraph shall not be construed to
release the employee from his or her obligation to return to
the State the amount of the over-refund.
The item "personal services", when used in an
appropriation Act, also includes a payment to reimburse the
Department of Central Management Services for temporary total
disability benefit payments in accordance with subdivision
(9) (i)(2) of Section 405-105 64.1 of the Department of
Central Management Services Law (20 ILCS 405/405-105) Civil
Administrative Code of Illinois.
Beginning July 1, 1993, the item "personal services" and
related line items, when used in an appropriation Act or this
Act, shall also mean and include back wage claims of State
officers and employees to the extent those claims have not
been satisfied from the back wage appropriation to the
Department of Central Management Services in the preceding
fiscal year, as provided in Section 14b of this Act and
subdivision (13) of Section 405-105 64.1(m) of the Department
of Central Management Services Law (20 ILCS 405/405-105)
Civil Administrative Code of Illinois.
The item "personal services", when used with respect to
State police officers in an appropriation Act, also includes
a payment for the burial expenses of a State police officer
killed in the line of duty, made in accordance with Section
12.2 of the State Police Act and any rules adopted under that
Section.
(Source: P.A. 90-178, eff. 7-23-97.)
(30 ILCS 105/14b) (from Ch. 127, par. 150b)
Sec. 14b. Back wage claims. This Section applies
beginning July 1, 1993.
(a) The Director of the Department of Central Management
Services is authorized to pay any portion of a back wage
claim of a State employee of the Office of the Governor or of
a State department listed in Section 5-15 3 of the
Departments of State Government Law (20 ILCS 5/5-15) Civil
Administrative Code of Illinois, that has not been satisfied
from the Department's preceding fiscal year back wage claim
appropriation, from the lapsed personal services line item
and related line item appropriations of the Office of the
Governor or the appropriate State department, payable from
the General Revenue Fund. If any portion of the back wage
claim still remains unsatisfied, the Director of the
Department of Central Management Services is authorized to
pay the unsatisfied portion from the lapsed personal services
line item and related line item appropriations of the
Department of Central Management Services, payable from the
General Revenue Fund. The Director of the Department of
Central Management Services is authorized to issue the
necessary vouchers for payments under this subsection.
(b) The officer responsible for approving and certifying
payroll vouchers of all State officers and of all State
offices, agencies, boards or commissions not covered in
subsection (a) is authorized to pay any portion of a back
wage claim of a State officer or employee, that has not been
satisfied from the Department of Central Management Services'
preceding fiscal year back wage claim appropriation, from the
lapsed personal services line item and related line item
appropriations of the employing State office or agency,
payable from the General Revenue Fund. If any portion of the
back wage claim still remains unsatisfied, the Director of
the Department of Central Management Services is authorized
to pay the unsatisfied portion from the lapsed personal
services line item and related line item appropriations of
the Department of Central Management Services, payable from
the General Revenue Fund. The certifying officer, or the
Director of the Department of Central Management Services in
the case of payment from lapsed Department appropriations, is
authorized to issue the necessary vouchers for payments under
this subsection.
(c) The Director of the Department of Central Management
Services may promulgate rules governing all back wage claim
matters.
(Source: P.A. 87-1234.)
(30 ILCS 105/36) (from Ch. 127, par. 167.04)
Sec. 36. Contracts entered into by the Department of
Central Management Services pursuant to Section 405-295 67.30
of the Department of Central Management Services Law (20 ILCS
405/405-295) Civil Administrative Code of Illinois may
provide for payment to the vendor to be determined, wholly or
partially, on demonstrated savings in energy consumption.
Payments for such projects shall be paid by the agency or
agencies that benefit from the project. Funds which
otherwise would have been used to pay for utilities may be
used to pay the costs associated with the energy savings
project contract.
(Source: P.A. 86-1287.)
Section 5-190. The Gifts and Grants to Government Act is
amended by changing Section 1 as follows:
(30 ILCS 110/1) (from Ch. 127, par. 168-81)
Sec. 1. The Governor, Lieutenant Governor, Attorney
General, Secretary of State, Comptroller and Treasurer may
accept monetary gifts or grants from any nongovernmental
source, upon such terms and conditions as may be imposed, and
may expend, subject to appropriation, such gifts or grants
for any purpose necessary or desirable in the exercise of the
powers or the performance of the duties of their offices.
Until January 11, 1999, while the office of Lieutenant
Governor is vacant, the powers and duties of the Lieutenant
Governor under this Act shall be carried out as provided in
Section 67.35 of the Civil Administrative Code of Illinois
(renumbered; now Section 405-500 of the Department of Central
Management Services Law, 20 ILCS 405/405-500).
(Source: P.A. 90-609, eff. 6-30-98.)
Section 5-195. The Uncollected State Claims Act is
amended by changing Section 2 as follows:
(30 ILCS 205/2) (from Ch. 15, par. 102)
Sec. 2. (a) When any State agency is unable to collect
any claim or account receivable of $1,000 or more due the
agency after having pursued the procedure prescribed by law
or applicable rules and regulations for the collection
thereof or, if no procedure is so prescribed, then after
having undertaken all reasonable and appropriate procedures
available to the agency to effectuate collection, the State
agency shall request the Attorney General to certify the
claim or account receivable to be uncollectible.
(b) Each request to the Attorney General asking that a
claim or account receivable of $1,000 or more be declared
uncollectible shall be in a format prescribed by the Attorney
General and shall include at a minimum the following
information: debtor's name, debtor's social security number
or comparable identifying number, debtor's last known
address, nature of the debt, efforts made to collect the debt
and the time period covered by those efforts, the age of the
debt, the age of the debtor and the specific reason the State
agency believes the debt to be uncollectible. Nothing in
this provision should be interpreted as a limitation on the
authority of the Attorney General to require additional
information that he may find to be necessary to evaluate
requests sent him pursuant to this provision.
(c) Claims or accounts receivable of less than $1,000
may be certified as uncollectible by the agency when the
agency determines that further collection efforts are not in
the best economic interest of the State. Such determination
shall be made in accordance with rules of the Comptroller.
(d) If any item of information required by this
provision or any item of additional information required by
the Attorney General is not available, the State agency shall
specifically so state in its request to the Attorney General
asking that the debt be declared uncollectible.
(e) A State agency participating in a federal student
loan program may remove student loans from its records by
assigning or referring such student loans to the federal
government for collection pursuant to the procedures
prescribed by federal laws and regulations.
(f) Claims and receivables due from another State agency
may be written off if the agency has pursued all reasonable
means of collection and if the amount (1) is payable from an
appropriation which has lapsed; (2) may not properly be
charged against a current appropriation; and (3) was not
originally payable from federal funds, a trust fund or
locally held funds. Each agency which writes off claims or
receivables pursuant to this subparagraph shall submit a
listing of all such write-offs to the Comptroller within 60
days of taking such action.
(g) Debts certified as uncollectible may be reopened for
collection by an agency upon the approval of the Attorney
General.
(h) Agencies shall submit a list of debts certified as
uncollectible to the Comptroller in the form and manner
specified by the Comptroller. The Comptroller shall take
reasonable steps to accept information on agency computer
tapes.
(i) After compliance with all provisions of this
Section, an agency may delete from its records debts
certified as uncollectible as follows:
(1) When the debt is less than $1,000, immediately upon
certification by the agency;
(2) For debts of $1,000 or more that are less than 5
years old, when the agency determines pursuant to rules and
regulations promulgated by the Comptroller that such deletion
is in the best economic interest of the State;
(3) For debts of $1,000 or more when, the debt is more
than 5 years old.
(j) The Attorney General shall report to the General
Assembly by February 1 of each year the following:
(1) the total number and dollar amount of debts referred
to him for collection in the preceding calendar year;
(2) the total amount actually collected;
(3) the number of cases by agency.
(k) Each State agency shall report in its annual report
the total amount and the number of claims due and payable to
the State. Each agency shall also describe in its annual
report the method used in collecting debts, whether by a
private collection service or by the Attorney General.
(1) The provisions of Section 2505-250 39c of the
Department of Revenue Law (20 ILCS 2505/2505-250) Civil
Administrative Code of Illinois take precedence over the
provisions of this Section.
(Source: P.A. 84-1308; 84-1344.)
Section 5-200. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
(30 ILCS 230/2) (from Ch. 127, par. 171)
Sec. 2. Accounts of money received; payment into State
treasury.
(a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 shall keep in proper
books a detailed itemized account of all moneys received for
or on behalf of the State, showing the date of receipt, the
payor, and purpose and amount, and the date and manner of
disbursement as hereinafter provided, and, unless a different
time of payment is expressly provided by law or by rules or
regulations promulgated under subsection (b) of this Section,
shall pay into the State treasury the gross amount of money
so received on the day of actual physical receipt with
respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an
accumulation of receipts of $10,000 or more, or within 48
hours of actual physical receipt with respect to an
accumulation of receipts exceeding $500 but less than
$10,000, disregarding holidays, Saturdays and Sundays, after
the receipt of same, without any deduction on account of
salaries, fees, costs, charges, expenses or claims of any
description whatever; provided that:
(1) the provisions of (i) Section 2505-475 39b32 of
the Department of Revenue Law (20 ILCS 2505/2505-475)
Civil Administrative Code of Illinois, (ii) any specific
taxing statute authorizing a claim for credit procedure
instead of the actual making of refunds, (iii) Section
505 of the Illinois Controlled Substances Act,
authorizing the Director of State Police to dispose of
forfeited property, which includes the sale and
disposition of the proceeds of the sale of forfeited
property, and the Department of Central Management
Services to be reimbursed for costs incurred with the
sales of forfeited vehicles, boats or aircraft and to pay
to bona fide or innocent purchasers, conditional sales
vendors or mortgagees of such vehicles, boats or aircraft
their interest in such vehicles, boats or aircraft, and
(iv) Section 6b-2 of the State Finance Act, establishing
procedures for handling cash receipts from the sale of
pari-mutuel wagering tickets, shall not be deemed to be
in conflict with the requirements of this Section;
(2) any fees received by the State Registrar of
Vital Records pursuant to the Vital Records Act which are
insufficient in amount may be returned by the Registrar
as provided in that Act;
(3) any fees received by the Department of Public
Health under the Food Handling Regulation Enforcement Act
that are submitted for renewal of an expired food service
sanitation manager certificate may be returned by the
Director as provided in that Act; and
(4) if the amount of money received does not exceed
$500, such money may be retained and need not be paid
into the State treasury until the total amount of money
so received exceeds $500, or until the next succeeding
1st or 15th day of each month (or until the next business
day if these days fall on Sunday or a holiday), whichever
is earlier, at which earlier time such money shall be
paid into the State treasury, except that if a local bank
or savings and loan association account has been
authorized by law, any balances shall be paid into the
State treasury on Monday of each week if more than $500
is to be deposited in any fund.
Single items of receipt exceeding $10,000 received after
2 p.m. on a working day may be deemed to have been received
on the next working day for purposes of fulfilling the
requirement that the item be deposited on the day of actual
physical receipt.
No money belonging to or left for the use of the State
shall be expended or applied except in consequence of an
appropriation made by law and upon the warrant of the State
Comptroller. However, payments made by the Comptroller to
persons by direct deposit need not be made upon the warrant
of the Comptroller, but if not made upon a warrant, shall be
made in accordance with Section 9.02 of the State Comptroller
Act. All moneys so paid into the State treasury shall,
unless required by some statute to be held in the State
treasury in a separate or special fund, be covered into the
General Revenue Fund in the State treasury. Moneys received
in the form of checks, drafts or similar instruments shall be
properly endorsed, if necessary, and delivered to the State
Treasurer for collection. The State Treasurer shall remit
such collected funds to the depositing officer, board,
commission, commissioner, department, institution, arm or
agency by Treasurers Draft or through electronic funds
transfer. The draft or notification of the electronic funds
transfer shall be provided to the State Comptroller to allow
deposit into the appropriate fund.
(b) Different time periods for the payment of public
funds into the State treasury or to the State Treasurer, in
excess of the periods established in subsection (a) of this
Section, but not in excess of 30 days after receipt of such
funds, may be established and revised from time to time by
rules or regulations promulgated jointly by the State
Treasurer and the State Comptroller in accordance with the
Illinois Administrative Procedure Act. The different time
periods established by rule or regulation under this
subsection may vary according to the nature and amounts of
the funds received, the locations at which the funds are
received, whether compliance with the deposit requirements
specified in subsection (a) of this Section would be cost
effective, and such other circumstances and conditions as the
promulgating authorities consider to be appropriate. The
Treasurer and the Comptroller shall review all such different
time periods established pursuant to this subsection every 2
years from the establishment thereof and upon such review,
unless it is determined that it is economically unfeasible
for the agency to comply with the provisions of subsection
(a), shall repeal such different time period.
(Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
90-655, eff. 7-30-98.)
Section 5-205. The General Obligation Bond Act is amended
by changing Section 4 as follows:
(30 ILCS 330/4) (from Ch. 127, par. 654)
Sec. 4. Transportation. The amount of $2,484,270,000 is
authorized for use by the Department of Transportation for
the specific purpose of promoting and assuring rapid,
efficient, and safe highway, air and mass transportation for
the inhabitants of the State by providing monies, including
the making of grants and loans, for the acquisition,
construction, reconstruction, extension and improvement of
the following transportation facilities and equipment, and
for the acquisition of real property and interests in real
property required or expected to be required in connection
therewith as follows:
(a) $1,411,000,000 for State highways, arterial
highways, freeways, roads, bridges, structures separating
highways and railroads and roads, and bridges on roads
maintained by counties, municipalities, townships or road
districts for the following specific purposes:
(1) $1,310,000,000 for use statewide,
(2) $3,641,000 for use outside the Chicago
urbanized area,
(3) $7,543,000 for use within the Chicago urbanized
area,
(4) $13,060,600 for use within the City of Chicago,
(5) $57,894,500 for use within the counties of
Cook, DuPage, Kane, Lake, McHenry and Will, and
(6) $18,860,900 for use outside the counties of
Cook, DuPage, Kane, Lake, McHenry and Will.
(b) $883,270,000 for mass transit facilities, as defined
in Section 2705-305 49.19 of the Department of Transportation
Law (20 ILCS 2705/2705-305) Civil Administrative Code of
Illinois, including rapid transit, rail, bus and other
equipment used in connection therewith by the State or any
unit of local government, special transportation district,
municipal corporation or other corporation or public
authority authorized to provide and promote public
transportation within the State or two or more of the
foregoing jointly, for the following specific purposes:
(1) $787,470,000 statewide,
(2) $83,350,000 for use within the counties of
Cook, DuPage, Kane, Lake, McHenry and Will,
(3) $12,450,000 for use outside the counties of
Cook, DuPage, Kane, Lake, McHenry and Will.
(c) $190,000,000 for airport or aviation facilities and
any equipment used in connection therewith, including
engineering and land acquisition costs, by the State or any
unit of local government, special transportation district,
municipal corporation or other corporation or public
authority authorized to provide public transportation within
the State, or two or more of the foregoing acting jointly.
(Source: P.A. 89-235, eff. 8-4-95; 90-1, eff. 2-20-97; 90-8,
eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549); 90-586,
eff. 6-4-98.)
Section 5-215. The Downstate Public Transportation Act is
amended by changing Section 2-7 as follows:
(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
Sec. 2-7. Quarterly reports; annual audit.
(a) Any Metro-East Transit District participant shall,
no later than 30 days following the end of each month of any
fiscal year, file with the Department on forms provided by
the Department for that purpose, a report of the actual
operating deficit experienced during that quarter. The
Department shall, upon receipt of the quarterly report, and
upon determining that such operating deficits were incurred
in conformity with the program of proposed expenditures
approved by the Department pursuant to Section 2-11, pay to
any Metro-East Transit District participant such portion of
such operating deficit as funds have been transferred to the
Metro-East Transit Public Transportation Fund and allocated
to that Metro-East Transit District participant.
(b) Each participant other than any Metro-East Transit
District participant shall, 30 days before the end of each
quarter, file with the Department on forms provided by the
Department for such purposes a report of the projected
eligible operating expenses to be incurred in the next
quarter and 30 days before the third and fourth quarters of
any fiscal year a statement of actual eligible operating
expenses incurred in the preceding quarters. Within 45 days
of receipt by the Department of such quarterly report, the
Comptroller shall order paid and the Treasurer shall pay from
the Downstate Public Transportation Fund to each participant
an amount equal to one-third of such participant's eligible
operating expenses; provided, however, that in Fiscal Year
1997, the amount paid to each participant from the Downstate
Public Transportation Fund shall be an amount equal to 47% of
such participant's eligible operating expenses and shall be
increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
and thereafter; however, in any year that a participant
receives funding under subsection (i) paragraph (9) of
Section 2705-305 49.19 of the Department of Transportation
Law (20 ILCS 2705/2705-305) Civil Administrative Code of
Illinois, that participant shall be eligible only for
assistance equal to the following percentage of its eligible
operating expenses: 42% in Fiscal Year 1997, 44% in Fiscal
Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year 2000,
and 50% in Fiscal Year 2001 and thereafter. Any such payment
for the third and fourth quarters of any fiscal year shall be
adjusted to reflect actual eligible operating expenses for
preceding quarters of such fiscal year. However, no
participant shall receive an amount less than that which was
received in the immediate prior year, provided in the event
of a shortfall in the fund those participants receiving less
than their full allocation pursuant to Section 6 of this
Article shall be the first participants to receive an amount
not less than that received in the immediate prior year.
(c) No later than 180 days following the last day of the
Fiscal Year each participant shall provide the Department
with an audit prepared by a Certified Public Accountant
covering that Fiscal Year. Any discrepancy between the
grants paid and one-third of the eligible operating expenses
or in the case of the Bi-State Metropolitan Development
District the approved program amount shall be reconciled by
appropriate payment or credit. Beginning in Fiscal Year 1985,
for those participants other than the Bi-State Metropolitan
Development District, any discrepancy between the grants paid
and the percentage of the eligible operating expenses
provided for by paragraph (b) of this Section shall be
reconciled by appropriate payment or credit.
(Source: P.A. 89-598, eff. 8-1-96.)
Section 5-220. The Illinois Income Tax Act is amended by
changing Sections 302, 701, and 901 as follows:
(35 ILCS 5/302) (from Ch. 120, par. 3-302)
Sec. 302. Compensation paid to nonresidents.
(a) In general. All items of compensation paid in this
State (as determined under Section 304(a)(2)(B)) to an
individual who is a nonresident at the time of such payment
and all items of deduction directly allocable thereto, shall
be allocated to this State.
(b) Reciprocal exemption. The Director may enter into an
agreement with the taxing authorities of any state which
imposes a tax on or measured by income to provide that
compensation paid in such state to residents of this State
shall be exempt from such tax; in such case, any compensation
paid in this State to residents of such state shall not be
allocated to this State. All reciprocal agreements shall be
subject to the requirements of Section 2505-575 39b53 of the
Department of Revenue Law (20 ILCS 2505/2505-575) Civil
Administrative Code of Illinois.
(c) Cross references.
(1) For allocation of amounts received by
nonresidents from certain employee trusts, see Section
301(b)(2).
(2) For allocation of compensation by residents,
see Section 301(a).
(Source: P.A. 90-491, eff. 1-1-98.)
(35 ILCS 5/701) (from Ch. 120, par. 7-701)
Sec. 701. Requirement and Amount of Withholding.
(a) In General.
Every employer maintaining an office or transacting
business within this State and required under the provisions
of the Internal Revenue Code to withhold a tax on:
(1) compensation paid in this State (as determined
under Section 304 (a) (2) (B) to an individual; or
(2) payments described in subsection (b) shall
deduct and withhold from such compensation for each
payroll period (as defined in Section 3401 of the
Internal Revenue Code) an amount equal to the amount by
which such individual's compensation exceeds the
proportionate part of this withholding exemption
(computed as provided in Section 702) attributable to the
payroll period for which such compensation is payable
multiplied by a percentage equal to the percentage tax
rate for individuals provided in subsection (b) of
Section 201.
(b) Payment to Residents.
Any payment (including compensation) to a resident by a
payor maintaining an office or transacting business within
this State and on which withholding of tax is required under
the provisions of the Internal Revenue Code shall be deemed
to be compensation paid in this State by an employer to an
employee for the purposes of Article 7 and Section 601 (b)
(1) to the extent such payment is included in the recipient's
base income and not subjected to withholding by another
state.
(c) Special Definitions.
Withholding shall be considered required under the
provisions of the Internal Revenue Code to the extent the
Internal Revenue Code either requires withholding or allows
for voluntary withholding the payor and recipient have
entered into such a voluntary withholding agreement. For the
purposes of Article 7 and Section 1002 (c) the term
"employer" includes any payor who is required to withhold tax
pursuant to this Section.
(d) Reciprocal Exemption.
The Director may enter into an agreement with the taxing
authorities of any state which imposes a tax on or measured
by income to provide that compensation paid in such state to
residents of this State shall be exempt from withholding of
such tax; in such case, any compensation paid in this State
to residents of such state shall be exempt from withholding.
All reciprocal agreements shall be subject to the
requirements of Section 2505-575 39b53 of the Department of
Revenue Law (20 ILCS 2505/2505-575) Civil Administrative Code
of Illinois.
(e) Notwithstanding subsection (a) (2) of this Section,
no withholding is required on payments for which withholding
is required under Section 3405 or 3406 of the Internal
Revenue Code of 1954.
(Source: P.A. 90-491, eff. 1-1-98.)
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 2505-650 39b52 of the
Department of Revenue Law (20 ILCS 2505/2505-650) Civil
Administrative Code of Illinois. Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 39b52 of
the Department of Revenue Law (20 ILCS 2505/2505-650) Civil
Administrative Code of Illinois shall be paid into the Child
Support Enforcement Trust Fund, a special fund outside the
State Treasury.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For all other
fiscal years, the Annual Percentage shall be calculated
as a fraction, the numerator of which shall be the amount
of refunds approved for payment by the Department during
the preceding fiscal year as a result of overpayment of
tax liability under subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act plus the amount of such
refunds remaining approved but unpaid at the end of the
preceding fiscal year, the denominator of which shall be
the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year. The Director of Revenue shall
certify the Annual Percentage to the Comptroller on the
last business day of the fiscal year immediately
preceding the fiscal year for which it is to be
effective.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act and for
making transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
have been deposited and retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
90-655, eff. 7-30-98.)
Section 5-225. The Hotel Operators' Occupation Tax Act
is amended by changing Section 6 as follows:
(35 ILCS 145/6) (from Ch. 120, par. 481b.36)
Sec. 6. Except as provided hereinafter in this Section,
on or before the last day of each calendar month, every
person engaged in the business of renting, leasing or letting
rooms in a hotel in this State during the preceding calendar
month shall file a return with the Department, stating:
1. The name of the operator;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of
renting, leasing or letting rooms in a hotel in this
State;
3. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms during such preceding calendar month;
4. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms to permanent residents during such
preceding calendar month;
5. Total amount of other exclusions from gross
rental receipts allowed by this Act;
6. Gross rental receipts which were received by him
during the preceding calendar month and upon the basis of
which the tax is imposed;
7. The amount of tax due;
8. Such other reasonable information as the
Department may require.
If the operator's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 30 of such year; with the return for April, May
and June of a given year being due by July 31 of such year;
with the return for July, August and September of a given
year being due by October 31 of such year, and with the
return for October, November and December of a given year
being due by January 31 of the following year.
If the operator's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return
for a given year being due by January 31 of the following
year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which an operator may file his
return, in the case of any operator who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such operator shall file a final
return under this Act with the Department not more than 1
month after discontinuing such business.
Where the same person has more than 1 business registered
with the Department under separate registrations under this
Act, such person shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered
business.
In his return, the operator shall determine the value of
any consideration other than money received by him in
connection with the renting, leasing or letting of rooms in
the course of his business and he shall include such value in
his return. Such determination shall be subject to review
and revision by the Department in the manner hereinafter
provided for the correction of returns.
Where the operator is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
The person filing the return herein provided for shall,
at the time of filing such return, pay to the Department the
amount of tax herein imposed. The operator filing the return
under this Section shall, at the time of filing such return,
pay to the Department the amount of tax imposed by this Act
less a discount of 2.1% or $25 per calendar year, whichever
is greater, which is allowed to reimburse the operator for
the expenses incurred in keeping records, preparing and
filing returns, remitting the tax and supplying data to the
Department on request.
There shall be deposited in the Build Illinois Fund in
the State Treasury for each State fiscal year 40% of the
amount of total net proceeds from the tax imposed by
subsection (a) of Section 3. Of the remaining 60%, $5,000,000
shall be deposited in the Illinois Sports Facilities Fund and
credited to the Subsidy Account each fiscal year by making
monthly deposits in the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in such deposits for prior months,
and an additional $8,000,000 shall be deposited in the
Illinois Sports Facilities Fund and credited to the Advance
Account each fiscal year by making monthly deposits in the
amount of 1/8 of $8,000,000 plus any cumulative deficiencies
in such deposits for prior months. (The deposits of the
additional $8,000,000 during each fiscal year shall be
treated as advances of funds to the Illinois Sports
Facilities Authority for its corporate purposes to the extent
paid to the Authority or its trustee and shall be repaid into
the General Revenue Fund in the State Treasury by the State
Treasurer on behalf of the Authority solely from collections
of the tax imposed by the Authority pursuant to Section 19 of
the Illinois Sports Facilities Act, as amended.)
Of the remaining 60% of the amount of total net proceeds
from the tax imposed by subsection (a) of Section 3 after all
required deposits in the Illinois Sports Facilities Fund, the
amount equal to 8% of the net revenue realized from the Hotel
Operators' Occupation Tax Act plus an amount equal to 8% of
the net revenue realized from any tax imposed under Section
4.05 of the Chicago World's Fair-1992 Authority during the
preceding month shall be deposited in the Local Tourism Fund
each month for purposes authorized by Section 605-705 46.6a
of the Department of Commerce and Community Affairs Law (20
ILCS 605/605-705 Civil Administrative Code of Illinois in the
Local Tourism Fund. "Net revenue realized for a month" means
the revenue collected by the State under that Act during the
previous month less the amount paid out during that same
month as refunds to taxpayers for overpayment of liability
under that Act.
After making all these deposits, all other proceeds of
the tax imposed under subsection (a) of Section 3 shall be
deposited in the General Revenue Fund in the State Treasury.
All moneys received by the Department from the additional tax
imposed under subsection (b) of Section 3 shall be deposited
into the Build Illinois Fund in the State Treasury.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the operator's last
State income tax return. If the total receipts of the
business as reported in the State income tax return do not
agree with the gross receipts reported to the Department for
the same period, the operator shall attach to his annual
information return a schedule showing a reconciliation of the
2 amounts and the reasons for the difference. The operator's
annual information return to the Department shall also
disclose pay roll information of the operator's business
during the year covered by such return and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual tax returns by such operator as hereinbefore
provided for in this Section.
If the annual information return required by this Section
is not filed when and as required the taxpayer shall be
liable for a penalty in an amount determined in accordance
with Section 3-4 of the Uniform Penalty and Interest Act
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The foregoing portion of this Section concerning the
filing of an annual information return shall not apply to an
operator who is not required to file an income tax return
with the United States Government.
(Source: P.A. 90-26, eff. 7-1-97.)
Section 5-227. The Uniform Penalty and Interest Act is
amended by changing Section 3-3 as follows:
(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
Sec. 3-3. Penalty for failure to file or pay.
(a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on
a return shall be imposed for failure to file the tax return
on or before the due date prescribed for filing determined
with regard for any extension of time for filing (penalty for
late filing or nonfiling). If any unprocessable return is
corrected and filed within 21 days after notice by the
Department, the late filing or nonfiling penalty shall not
apply. If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total penalty
due shall be the sum of the late filing penalty and the
applicable late payment penalty. Beginning on the effective
date of this amendatory Act of 1995, in the case of any type
of tax return required to be filed more frequently than
annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on
the prescribed due date, the penalty imposed by section
3-3(a) shall be abated.
(a-5) This subsection (a-5) is applicable on and after
January 1, 1996. A penalty equal to 2% of the tax required to
be shown due on a return, up to a maximum amount of $250,
determined without regard to any part of the tax that is paid
on time or by any credit that was properly allowable on the
date the return was required to be filed, shall be imposed
for failure to file the tax return on or before the due date
prescribed for filing determined with regard for any
extension of time for filing. However, if any return is not
filed within 30 days after notice of nonfiling mailed by the
Department to the last known address of the taxpayer
contained in Department records, an additional penalty amount
shall be imposed equal to the greater of $250 or 2% of the
tax shown on the return. However, the additional penalty
amount may not exceed $5,000 and is determined without regard
to any part of the tax that is paid on time or by any credit
that was properly allowable on the date the return was
required to be filed (penalty for late filing or nonfiling).
If any unprocessable return is corrected and filed within 30
days after notice by the Department, the late filing or
nonfiling penalty shall not apply. If a penalty for late
filing or nonfiling is imposed in addition to a penalty for
late payment, the total penalty due shall be the sum of the
late filing penalty and the applicable late payment penalty.
In the case of any type of tax return required to be filed
more frequently than annually, when the failure to file the
tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and
has not occurred in the 2 years immediately preceding the
failure to file on the prescribed due date, the penalty
imposed by section 3-3(a) shall be abated.
(b) This subsection is applicable before January 1,
1998. A penalty of 15% of the tax shown on the return or the
tax required to be shown due on the return shall be imposed
for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(b-5) This subsection is applicable on and after January
1, 1998. A penalty of 20% of the tax shown on the return or
the tax required to be shown due on the return shall be
imposed for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(c) For purposes of the late payment penalties, the
basis of the penalty shall be the tax shown or required to be
shown on a return, whichever is applicable, reduced by any
part of the tax which is paid on time and by any credit which
was properly allowable on the date the return was required to
be filed.
(d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
(e) If both a subsection (b)(1) penalty and a subsection
(b)(2) penalty are assessed against the same return, the
subsection (b)(2) penalty shall be assessed against only the
additional tax found to be due.
(f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
(g) The time within which to file a return or pay an
amount of tax due without imposition of a penalty does not
extend the time within which to file a protest to a notice of
tax liability or a notice of deficiency.
(h) No return shall be determined to be unprocessable
because of the omission of any information requested on the
return pursuant to Section 2505-575 39b53 of the Department
of Revenue Law (20 ILCS 2505/2505-575) Civil Administrative
Code of Illinois.
(Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
90-491, eff. 1-1-98; 90-548, eff. 12-4-97.)
Section 5-230. The Interstate Mining Compact Act is
amended by changing Section 2 as follows:
(45 ILCS 50/2) (from Ch. 96 1/2, par. 4712)
Sec. 2. The State mining board established by Section
5-155 5.04 of "the Departments of State Government Law (20
ILCS 5/5-155) Civil Administrative Code of Illinois",
approved March 7, 1917, as amended, is designated the
advisory body referred to in Article V (a) of the Interstate
Mining Compact. No member of the Board shall receive any
compensation on account of duties established by this Act,
but any such member shall be entitled to reimbursement for
expenses actually incurred by him in connection with his
service as the Governor's alternate on the Interstate Mining
Commission.
(Source: P.A. 79-231.)
Section 5-235. The Industrial Building Revenue Bond Act
is amended by changing Section 2 as follows:
(50 ILCS 445/2) (from Ch. 85, par. 872)
Sec. 2. Definitions. In this Act, unless a different
meaning clearly appears from the context:
(a) "Authority" means any county, county public building
commission in a county bordered by the Mississippi River and
having a population greater than 260,000, municipality, or
airport authority or port district in this State. "Authority"
also means a river conservancy district wholly contained
within 2 counties, in which district there are at least 3
municipalities each having a population of 5,000 or more
within the district.
(b) "Industrial project" means any (1) capital project,
comprising of one or more buildings and other structures,
improvements, machinery and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise, including but not
limited to, use as a factory, mill, processing plant,
assembly plant, packaging plant, fabricating plant, office
building, industrial distribution center, warehouse, repair,
overhaul or service facility, freight terminal, research
facility, test facility, railroad facility, commercial
facility, and including also the sites thereof and other
rights in land therefor whether improved or unimproved, site
preparation and landscaping, and all appurtenances and
facilities incidental thereto such as utilities, access
roads, railroad sidings, truck docking and similar
facilities, parking facilities, dockage, wharfage, railroad
roadbed, track, trestle, depot, terminal, switching and
signaling equipment or related equipment, and other
improvements necessary or convenient thereto; (2) any land,
buildings, machinery or equipment comprising an addition to
or renovation, rehabilitation or improvement of any existing
capital project; (3) construction, remodeling or conversion
of a structure to be leased to the Illinois Department of
Corrections for the purposes of its serving as a correctional
institution or facility pursuant to paragraph (c) of Section
3-2-2 of the Unified Code of Corrections; or (4)
construction, remodeling or conversion of a structure to be
leased to the Department of Central Management Services for
the purpose of serving as a State facility pursuant to
Section 405-320 67.25 of the Department of Central Management
Services Law (20 ILCS 405/405-320) Civil Administrative Code
of Illinois.
(Source: P.A. 87-244.)
Section 5-240. The Illinois Municipal Code is amended by
changing Sections 10-2.1-6.2, 11-4-4, and 11-74-2 as follows:
(65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
Commissioners is authorized or required by law to consider
some aspect of criminal history record information for the
purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of "the Department of State Police Law (20 ILCS
2605/2605-400) Civil Administrative Code of Illinois", the
Department of State Police is authorized to furnish, pursuant
to positive identification, such information contained in
State files as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4)
Sec. 11-4-4.
The board of inspectors shall serve without fee or
compensation. It shall be their duty to assure that the house
of correction is operated in accordance with the minimum
standards established by the Department of Corrections
pursuant to Section 3-15-2 of the Unified Code of Corrections
Section 55a of "The Civil Administrative Code of Illinois",
approved March 7, 1917, as now or hereafter amended. There
shall be a meeting of the entire board, at the house of
correction, once every 3 months. At such meeting the board
shall fully examine into the management in every department,
hear and determine all complaints or questions not within the
province of the superintendent to determine, and make such
further rules and regulations for the good government of the
house of correction as to them shall seem proper and
necessary. One of the appointed inspectors shall visit the
house of correction at least once in each month. All rules,
regulations or other orders of the board shall be recorded in
a book to be kept for that purpose, which shall be deemed a
public record, and, with the other books and records of the
house of correction, shall be at all times subject to the
examination of any member or committee of the corporate
authorities, the comptroller, treasurer, corporation counsel
or attorney of any such city.
(Source: P.A. 77-869.)
(65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
Sec. 11-74-2. Whenever used in this Division 74, unless a
different meaning clearly appears from the context:
(1) "Industrial project" means any (a) capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise, including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul
or service facility, freight terminal, research facility,
test facility, railroad facility, or commercial facility, and
including also the sites thereof and other rights in land
therefor whether improved or unimproved, site preparation and
landscaping, and all appurtenances and facilities incidental
thereto such as utilities, access roads, railroad sidings,
truck docking and similar facilities, parking facilities,
dockage, wharfage, and other improvements necessary or
convenient thereto; or (b) land, buildings, machinery or
equipment comprising an addition to or renovation,
rehabilitation or improvement of any existing capital
project; (c) construction, remodeling or conversion of a
structure to be leased to the Illinois Department of
Corrections for the purposes of its serving as a correctional
institution or facility pursuant to paragraph (c) of Section
3-2-2 of the Unified Code of Corrections; or (d)
construction, remodeling or conversion of a structure to be
leased to the Department of Central Management Services for
the purpose of serving as a State facility pursuant to
Section 405-320 67.25 of the Department of Central Management
Services Law (20 ILCS 405/405-320) Civil Administrative Code
of Illinois.
(2) "Municipality" includes any city, village or
incorporated town in this State.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 5-245. The Illinois Medical District Act is
amended by changing Sections 4 and 5b as follows:
(70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
Sec. 4. The Commission may, in its corporate capacity,
construct or cause or permit to be constructed in such
District, hospitals, sanitariums, clinics, laboratories, or
any other institution, building or structure or other
ancillary or related facilities which the Commission may,
from time to time, determine are established and operated for
the carrying out of any aspect of the Commission's purpose as
set forth in this Act, or are established and operated for
the study, diagnosis, and treatment of human ailments and
injuries, whether physical or mental, or to promote medical,
surgical, and scientific research and knowledge, or for any
uses the Commission shall determine will support and nurture
facilities, and uses permitted by this Act, or for such
nursing, extended care, or other facilities as the Commission
shall find useful in the study of, research in, or treatment
of illnesses or infirmities peculiar to aged people, after a
public hearing to be held by any Commissioner or other person
authorized by the Commission to conduct the same, which
Commissioner or other person shall have the power to
administer oaths and affirmations and take the testimony of
witnesses and receive such documentary evidence as shall be
pertinent, the record of which hearing he shall certify to
the Commission, which record shall become part of the records
of the Commission, notice of the time, place, and purpose of
such hearings to be given by a single publication notice in a
secular newspaper of general circulation in the city of
Chicago at least ten days prior to the date of such hearing,
or for such institutions as shall engage in the training,
education, or rehabilitation of persons who by reason of
illness or physical infirmity are wholly or partially
deprived of their powers of vision or hearing or of the use
of such other part or parts of their bodies as prevent them
from pursuing normal activities of life, or office buildings
for physicians or dealers in medical accessories, or
dormitories, homes or residences for the medical profession,
including interns, nurses, students or other officers or
employees of the institutions within the District, or for the
use of relatives of patients in the hospitals or other
institutions within the District, or for the rehabilitation
or establishment of residential structures within a currently
effective historic district properly designated under a
federal statute or a State or local statute that has been
certified by the Secretary of the Interior to the Secretary
of the Treasury as containing criteria which will
substantially achieve the purpose of preserving and
rehabilitating buildings of historic significance to the
district, or in the area of such District located west of
South Damen Avenue and north of West Polk Street, commonly
known as the Chicago Technology Park or such other areas of
the District as the Commission shall designate, for research,
development and resultant production, in any of the fields of
medicine, chemistry, pharmaceuticals, physics and genetically
engineered products, for biotechnology, information
technology, medical technology, or environmental technology,
or for the research and development of engineering or for
computer technology related to any of the purposes for which
the Commission may construct structures and improvements
within the District. All such structures and improvements
shall be erected and constructed in accordance with Section
49 of the Civil Administrative Code of Illinois, and the
Illinois Purchasing Act, to the same extent as if the
Commission were a Code Department. The Commission shall
administer and exercise ultimate authority with respect to
the development and operation of the Chicago Technology Park,
and any extensions or expansion thereof. In addition, the
Commission may create a development area within the area of
the District located south of Roosevelt Road, called the
District Development Area in this Act. Within the District
Development Area the Commission may cause to be acquired or
constructed commercial and other types of development, public
and private, if the Commission determines that the commercial
developments are ancillary to and necessary for the support
of facilities within the District and any other purposes of
the District, after a public hearing held by a commissioner
or the person authorized by the Commission to conduct the
hearing. The Commissioner or other authorized persons shall
have the power to administer oaths and affirmations, take the
testimony of witnesses, receive pertinent evidence, and
certify the record of the hearing to the Commission. The
record of the hearing shall become part of the Commissions
records. Notice of the time, place, and purpose of the
hearing shall be given by a single publication notice in a
secular newspaper of general circulation in the City of
Chicago at least 10 days before the date of the hearing. In
addition to the powers set forth above, the Commission may
sell, lease, develop, operate, and manage for any person,
firm, partnership, or corporation, either public or private,
all or any part of the land, buildings, facilities,
equipment, or other property included in the District
Development Area and any medical research and high technology
park or the designated commercial development area upon the
terms and conditions the Commission may deem advisable, and
may enter into any contract or agreement with any person,
firm, partnership, or corporation, either public or private,
or any combination of the foregoing, as may be necessary or
suitable for the creation, marketing, development,
construction, reconstruction, rehabilitation, financing,
operation and maintenance, and management of the District
Development Area and any technology park or designated
commercial development area; and may sell or lease to any
person, firm, partnership, or corporation, either public or
private, any part or all of the land, building, facilities,
equipment, or other property of the park or the designated
commercial development area upon the rentals, terms, and
conditions as the Commission may deem advisable; and may
finance all or part of the cost of the Commission's
development and operation of the District Development Area as
well as any park or the designated commercial development
area, including the creation, marketing, development,
purchase, lease, construction, reconstruction,
rehabilitation, improvement, remodeling, addition to,
extension, and maintenance of all or part of the high
technology park or the designated commercial development
area, and all equipment and furnishings, by legislative
appropriations, government grants, contracts, private gifts,
loans, bonds, receipts from the sale or lease of land for the
operation of the District and any high technology park or the
designated commercial development area, rentals, and similar
receipts or other sources of revenue legally available for
these purposes. The Commission also may defray the expenses
of the operation of the District Development Area and
technology park, improvements to the District Development
Area and technology park, provision of shared services,
common facilities and common area expenses, benefiting owners
and occupants of property within the District Development
Area and the technology park by general assessment, special
assessment, or the imposition of service or user fees. As to
the entities eligible to be members of the advisory District
Member Council, such assessments or impositions may be
undertaken only with District Member Council consent as
provided in Section 8. For a period of 6 years after July 1,
1995, the Commission may acquire any real and personal
property within the Development Area of the District by
immediate vesting of title, commonly referred to as
"quick-take", pursuant to Sections 7-103 through 7-112 of the
Code of Civil Procedure.
(Source: P.A. 89-356, eff. 8-17-95.)
(70 ILCS 915/5b) (from Ch. 111 1/2, par. 5008)
Sec. 5b. The Department of Central Management Services
shall exercise the same powers in regard to the Commission as
it exercises for Code Departments under Section 405-15 35.4
of the Department of Central Management Services Law (20 ILCS
405/405-15) Civil Administrative Code of Illinois.
(Source: P.A. 89-356, eff. 8-17-95.)
Section 5-250. The Regional Transportation Authority Act
is amended by changing Sections 4.01, 4.09, and 4.11 as
follows:
(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances of the
Authority. It shall by ordinance appropriate money to perform
the Authority's purposes and provide for payment of debts and
expenses of the Authority. Each year the Authority shall
prepare and publish a comprehensive annual budget and program
document describing the state of the Authority and presenting
for the forthcoming fiscal year the Authority's plans for
such operations and capital expenditures as the Authority
intends to undertake and the means by which it intends to
finance them. The proposed program and budget shall contain a
statement of the funds estimated to be on hand at the
beginning of the fiscal year, the funds estimated to be
received from all sources for such year and the funds
estimated to be on hand at the end of such year. After
adoption of the Authority's first Five-Year Program, as
provided in Section 2.01 of this Act, the proposed program
and budget shall specifically identify any respect in which
the recommended program deviates from the Authority's then
existing Five-Year Program, giving the reasons for such
deviation. The fiscal year of the Authority shall begin on
January 1st and end on the succeeding December 31st except
that the fiscal year that began October 1, 1982, shall end
December 31, 1983. By July 1st 1981 and July 1st of each
year thereafter the Director of the Illinois Bureau of the
Budget shall submit to the Authority an estimate of revenues
for the next fiscal year to be collected from the taxes
imposed by the Authority and the amounts to be available in
the Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund. For the fiscal year ending on December 31, 1983, the
Board shall report its results from operations and financial
condition to the General Assembly and the Governor by January
31. For the fiscal year beginning January 1, 1984, and
thereafter, the budget and program shall be presented to the
General Assembly and the Governor not later than the
preceding December 31st. Before the proposed budget and
program is adopted, the Authority shall hold at least one
public hearing thereon in the metropolitan region. The Board
shall hold at least one meeting for consideration of the
proposed program and budget with the county board of each of
the several counties in the metropolitan region. After
conducting such hearings and holding such meetings and after
making such changes in the proposed program and budget as the
Board deems appropriate, the Board shall adopt its annual
budget ordinance. The ordinance may be adopted only upon the
affirmative votes of 9 of its then Directors. The ordinance
shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the
Authority, specifying purposes and the objects or programs
for which appropriations are made and the amount appropriated
for each object or program. Additional appropriations,
transfers between items and other changes in such ordinance
may be made from time to time by the Board upon the
affirmative votes of 9 of its then Directors.
(b) The budget shall show a balance between anticipated
revenues from all sources and anticipated expenses including
funding of operating deficits or the discharge of
encumbrances incurred in prior periods and payment of
principal and interest when due, and shall show cash balances
sufficient to pay with reasonable promptness all obligations
and expenses as incurred.
The annual budget and financial plan must show that the
level of fares and charges for mass transportation provided
by, or under grant or purchase of service contracts of, the
Service Boards is sufficient to cause the aggregate of all
projected fare revenues from such fares and charges received
in each fiscal year to equal at least 50% of the aggregate
costs of providing such public transportation in such fiscal
year. "Fare revenues" include the proceeds of all fares and
charges for services provided, contributions received in
connection with public transportation from units of local
government other than the Authority and from the State
pursuant to subsection (i) (9) of Section 2705-305 49.19 of
the Department of Transportation Law (20 ILCS 2705/2705-305)
Civil Administrative Code of Illinois, and all other
operating revenues properly included consistent with
generally accepted accounting principles but do not include
the proceeds of any borrowings. "Costs" include all items
properly included as operating costs consistent with
generally accepted accounting principles, including
administrative costs, but do not include: depreciation;
payment of principal and interest on bonds, notes or other
evidences of obligation for borrowed money issued by the
Authority; payments with respect to public transportation
facilities made pursuant to subsection (b) of Section 2.20 of
this Act; any payments with respect to rate protection
contracts, credit enhancements or liquidity agreements made
under Section 4.14; any other cost to which it is reasonably
expected that a cash expenditure will not be made; costs up
to $5,000,000 annually for passenger security including
grants, contracts, personnel, equipment and administrative
expenses, except in the case of the Chicago Transit
Authority, in which case the term does not include costs
spent annually by that entity for protection against crime as
required by Section 27a of the Metropolitan Transit Authority
Act; or costs as exempted by the Board for projects pursuant
to Section 2.09 of this Act.
(c) The actual administrative expenses of the Authority
for the fiscal year commencing January 1, 1985 may not exceed
$5,000,000. The actual administrative expenses of the
Authority for the fiscal year commencing January 1, 1986, and
for each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for purposes of this
Section as all expenses except: (1) capital expenses and
purchases of the Authority on behalf of the Service Boards;
(2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation
for borrowed money issued by the Authority; (4) costs for
passenger security including grants, contracts, personnel,
equipment and administrative expenses; (5) payments with
respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any
payments with respect to rate protection contracts, credit
enhancements or liquidity agreements made pursuant to Section
4.14.
(d) After withholding 15% of the proceeds of any tax
imposed by the Authority and 15% of money received by the
Authority from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund, the Board shall
allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago and 85%
of the money received by the Authority on account of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the County and Mass Transit
District Fund attributable to retail sales within the City of
Chicago shall be allocated to the Chicago Transit Authority;
(2) an amount equal to 85% of the proceeds of those taxes
collected within Cook County outside the City of Chicago and
85% of the money received by the Authority on account of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the County and Mass Transit
District Fund attributable to retail sales within Cook County
outside of the city of Chicago shall be allocated 30% to the
Chicago Transit Authority, 55% to the Commuter Rail Board and
15% to the Suburban Bus Board; and (3) an amount equal to 85%
of the proceeds of the taxes collected within the Counties of
DuPage, Kane, Lake, McHenry and Will shall be allocated 70%
to the Commuter Rail Board and 30% to the Suburban Bus Board.
(e) Moneys received by the Authority on account of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the State and Local Sales
Tax Reform Fund shall be allocated among the Authority and
the Service Boards as follows: 15% of such moneys shall be
retained by the Authority and the remaining 85% shall be
transferred to the Service Boards as soon as may be
practicable after the Authority receives payment. Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service
Boards on the basis of each Service Board's distribution
ratio. The term "distribution ratio" means, for purposes of
this subsection (e) of this Section 4.01, the ratio of the
total amount distributed to a Service Board pursuant to
subsection (d) of Section 4.01 for the immediately preceding
calendar year to the total amount distributed to all of the
Service Boards pursuant to subsection (d) of Section 4.01 for
the immediately preceding calendar year.
To further and accomplish the preparation of the annual
budget and program as well as the Five-Year Program provided
for in Section 2.01 of this Act and to make such interim
management decisions as may be necessary, the Board shall
employ staff which shall: (1) evaluate for the Board public
transportation programs operated or proposed by
transportation agencies in terms of goals, costs and relative
priorities; (2) keep the Board informed of the public
transportation programs and accomplishments of such
transportation agencies; and (3) coordinate the development
and implementation of public transportation programs to the
end that the monies available to the Authority may be
expended in the most economical manner possible with the
least possible duplication. Under such regulations as the
Board may prescribe, all Service Boards, transportation
agencies, comprehensive planning agencies or transportation
planning agencies in the metropolitan region shall furnish to
the Board such information pertaining to public
transportation or relevant for plans therefor as it may from
time to time require, upon payment to any such agency or
Service Board of the reasonable additional cost of its so
providing such information except as may otherwise be
provided by agreement with the Authority, and the Board or
any duly authorized employee of the Board shall, for the
purpose of securing such information, have access to, and the
right to examine, all books, documents, papers or records of
any such agency or Service Board pertaining to public
transportation or relevant for plans therefor.
(Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a) As soon as possible after the first day of each
month, beginning November 1, 1983, the Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to a special fund in the State Treasury,
to be known as the "Public Transportation Fund" $9,375,000
for each month remaining in State fiscal year 1984. As soon
as possible after the first day of each month, beginning July
1, 1984, upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from any tax imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the amounts deposited
into the Regional Transportation Authority tax fund created
by Section 4.03 of this Act, from the County and Mass Transit
District Fund as provided in Section 6z-20 of the State
Finance Act and 25% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to Sections 4.03 and 4.03.1
during the previous month from within the metropolitan
region, less the amount paid out during that same month as
refunds to taxpayers for overpayment of liability in the
metropolitan region under Sections 4.03 and 4.03.1.
(b) (1) All moneys deposited in the Public
Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund,
whether deposited pursuant to this Section or otherwise,
are allocated to the Authority. Pursuant to
appropriation, the Comptroller, as soon as possible after
each monthly transfer provided in this Section and after
each deposit into the Public Transportation Fund, shall
order the Treasurer to pay to the Authority out of the
Public Transportation Fund the amount so transferred or
deposited. Such amounts paid to the Authority may be
expended by it for its purposes as provided in this Act.
Subject to appropriation to the Department of
Revenue, the Comptroller, as soon as possible after each
deposit into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund provided in this
Section and Section 6z-17 of the State Finance Act, shall
order the Treasurer to pay to the Authority out of the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund the amount so deposited. Such amounts
paid to the Authority may be expended by it for its
purposes as provided in this Act.
(2) Provided, however, no moneys deposited under
subsection (a) of Section 4.09 shall be paid from the
Public Transportation Fund to the Authority for any
fiscal year beginning after the effective date of this
amendatory Act of 1983 until the Authority has certified
to the Governor, the Comptroller, and the Mayor of the
City of Chicago that it has adopted for that fiscal year
a budget and financial plan meeting the requirements in
Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to
the Authority from the General Revenue Fund under subsection
(a) of this Section. Additional State Assistance provided in
any State fiscal year shall not exceed the actual debt
service payable by the Authority during that State fiscal
year on bonds or notes issued to finance Strategic Capital
Improvement Projects under Section 4.04 of this Act.
Additional State Assistance shall in no event exceed the
following specified amounts with respect to the following
State fiscal years:
1990 $5,000,000;
1991 $5,000,000;
1992 $10,000,000;
1993 $10,000,000;
1994 $20,000,000;
1995 $30,000,000;
1996 $40,000,000;
1997 $50,000,000;
1998 $55,000,000; and
each year thereafter $55,000,000.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer
(1) the amount necessary and required, during the State
fiscal year with respect to which the certification is made,
to pay its obligations for debt service on all outstanding
bonds or notes for Strategic Capital Improvement Projects
issued by the Authority under Section 4.04 of this Act and
(2) an estimate of the amount necessary and required to pay
its obligations for debt service for any bonds or notes for
Strategic Capital Improvement Projects which the Authority
anticipates it will issue during that State fiscal year. The
certification shall include a specific schedule of debt
service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and notes
it intends to issue, if any, during that State fiscal year,
including the estimated date and estimated amount of each
payment. Immediately, upon the issuance of bonds for which
an estimated schedule of debt service payments was prepared,
the Authority shall file an amended certification to specify
the actual schedule of debt service payments, including the
date and amount of each payment, for the remainder of the
State fiscal year. On the first day of each month of the
State fiscal year in which there are bonds outstanding with
respect to which the certification is made, the State
Comptroller shall order transferred and the State Treasurer
shall transfer from the General Revenue Fund to the Public
Transportation Fund the Additional State Assistance in an
amount equal to the aggregate of (1) one-twelfth of the
amount required to pay debt service on bonds and notes issued
before the beginning of the State fiscal year and (2) the
amount required to pay debt service on bonds and notes issued
during the fiscal year, if any, divided by the number of
months remaining in the fiscal year after the date of
issuance, or some smaller portion as may be necessary, listed
in subsection (c) for the relevant State fiscal year, plus
any cumulative deficiencies in transfers for prior months,
until an amount equal to the certified debt service for that
State fiscal year on outstanding bonds or notes for Strategic
Capital Improvement Projects issued by the Authority under
Section 4.04 of this Act has been transferred. In no event
shall total transfers in any State fiscal year exceed the
lesser of the annual amounts specified in subsection (c) or
the total certified debt service on outstanding bonds or
notes for Strategic Capital Improvement Projects issued by
the Authority under Section 4.04 of this Act.
(e) Additional State Assistance may not be pledged,
either directly or indirectly as general revenues of the
Authority, as security for any bonds issued by the Authority.
The Authority may not assign its right to receive Additional
State Assistance or direct payment of Additional State
Assistance to a trustee or any other entity for the payment
of debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification
shall be revised as may be necessary to accurately state the
debt service requirements of the Authority.
(g) Within 6 months of the end of the 3 month period
ending December 31, 1983, and each fiscal year thereafter,
the Authority shall determine whether the aggregate of all
system generated revenues for public transportation in the
metropolitan region which is provided by, or under grant or
purchase of service contracts with, the Service Boards equals
50% of the aggregate of all costs of providing such public
transportation. "System generated revenues" include all the
proceeds of fares and charges for services provided,
contributions received in connection with public
transportation from units of local government other than the
Authority and from the State pursuant to subsection (i) (9)
of Section 2705-305 49.19 of the Department of Transportation
Law (20 ILCS 2705/2705-305) Civil Administrative Code of
Illinois, and all other revenues properly included consistent
with generally accepted accounting principles but may not
include the proceeds from any borrowing. "Costs" include all
items properly included as operating costs consistent with
generally accepted accounting principles, including
administrative costs, but do not include: depreciation;
payment of principal and interest on bonds, notes or other
evidences of obligations for borrowed money of the Authority;
payments with respect to public transportation facilities
made pursuant to subsection (b) of Section 2-20; any payments
with respect to rate protection contracts, credit
enhancements or liquidity agreements made under Section 4.14;
any other cost as to which it is reasonably expected that a
cash expenditure will not be made; costs up to $5,000,000
annually for passenger security including grants, contracts,
personnel, equipment and administrative expenses, except in
the case of the Chicago Transit Authority, in which case the
term does not include costs spent annually by that entity for
protection against crime as required by Section 27a of the
Metropolitan Transit Authority Act; or costs as exempted by
the Board for projects pursuant to Section 2.09 of this Act.
If said system generated revenues are less than 50% of said
costs, the Board shall remit an amount equal to the amount of
the deficit to the State. The Treasurer shall deposit any
such payment in the General Revenue Fund.
(h) If the Authority makes any payment to the State
under paragraph (g), the Authority shall reduce the amount
provided to a Service Board from funds transferred under
paragraph (a) in proportion to the amount by which that
Service Board failed to meet its required system generated
revenues recovery ratio. A Service Board which is affected by
a reduction in funds under this paragraph shall submit to the
Authority concurrently with its next due quarterly report a
revised budget incorporating the reduction in funds. The
revised budget must meet the criteria specified in clauses
(i) through (vi) of Section 4.11(b)(2). The Board shall
review and act on the revised budget as provided in Section
4.11(b)(3).
(Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481;
87-764.)
(70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
Sec. 4.11. Budget Review Powers. (a) The provisions of
this Section shall only be applicable to financial periods
beginning after December 31, 1983. The Transition Board
shall adopt a timetable governing the certification of
estimates and any submissions required under this Section for
fiscal year 1984 which shall control over the provisions of
this Act. Based upon estimates which shall be given to the
Authority by the Director of the Illinois Bureau of the
Budget of the receipts to be received by the Authority from
the taxes imposed by the Authority and the authorized
estimates of amounts to be available from State and other
sources to the Service Boards, and the times at which such
receipts and amounts will be available, the Board shall, not
later than the next preceding September 15th prior to the
beginning of the Authority's next fiscal year, advise each
Service Board of the amounts estimated by the Board to be
available for such Service Board during such fiscal year and
the two following fiscal years and the times at which such
amounts will be available. The Board shall, at the same
time, also advise each Service Board of its required system
generated revenues recovery ratio for the next fiscal year
which shall be the percentage of the aggregate costs of
providing public transportation by or under jurisdiction of
that Service Board which must be recovered from system
generated revenues. In determining a Service Board's system
generated revenue recovery ratio, the Board shall consider
the historical system generated revenues recovery ratio for
the services subject to the jurisdiction of that Service
Board. The Board shall not increase a Service Board's system
generated revenues recovery ratio for the next fiscal year
over such ratio for the current fiscal year
disproportionately or prejudicially to increases in such
ratios for other Service Boards. The Board may, by
ordinance, provide that (i) the cost of research and
development projects in the fiscal year beginning January 1,
1986 and ending December 31, 1986 conducted pursuant to
Section 2.09 of this Act, and (ii) up to $5,000,000 annually
of the costs for passenger security, may be exempted from the
farebox recovery ratio or the system generated revenues
recovery ratio of the Chicago Transit Authority, the Suburban
Bus Board, and the Commuter Rail Board, or any of them. For
the fiscal year beginning January 1, 1986 and ending December
31, 1986, and for the fiscal year beginning January 1, 1987
and ending December 31, 1987, the Board shall, by ordinance,
provide that: (1) the amount of a grant, pursuant to Section
2705-310 49.19a of the Department of Transportation Law (20
ILCS 2705/2705-310) Civil Administrative Code of Illinois,
from the Department of Transportation for the cost of
services for the mobility limited provided by the Chicago
Transit Authority, and (2) the amount of a grant, pursuant to
Section 2705-310 49.19a of the Department of Transportation
Law (20 ILCS 2705/2705-310) Civil Administrative Code of
Illinois, from the Department of Transportation for the cost
of services for the mobility limited by the Suburban Bus
Board or the Commuter Rail Board, be exempt from the farebox
recovery ratio or the system generated revenues recovery
ratio.
(b)(1) Not later than the next preceding November 15
prior to the commencement of such fiscal year, each Service
Board shall submit to the Authority its proposed budget for
such fiscal year and its proposed financial plan for the two
following fiscal years. Such budget and financial plan shall
not project or assume a receipt of revenues from the
Authority in amounts greater than those set forth in the
estimates provided by the Authority pursuant to subsection
(a) of this Section.
(2) The Board shall review the proposed budget and
financial plan submitted by each Service Board, and shall
adopt a consolidated budget and financial plan. The Board
shall approve the budget and plan if:
(i) the Board has approved the proposed budget and cash
flow plan for such fiscal year of each Service Board,
pursuant to the conditions set forth in clauses (ii) through
(vii) of this paragraph;
(ii) such budget and plan show a balance between (A)
anticipated revenues from all sources including operating
subsidies and (B) the costs of providing the services
specified and of funding any operating deficits or
encumbrances incurred in prior periods, including provision
for payment when due of principal and interest on outstanding
indebtedness;
(iii) such budget and plan show cash balances including
the proceeds of any anticipated cash flow borrowing
sufficient to pay with reasonable promptness all costs and
expenses as incurred;
(iv) such budget and plan provide for a level of fares
or charges and operating or administrative costs for the
public transportation provided by or subject to the
jurisdiction of such Service Board sufficient to allow the
Service Board to meet its required system generated revenue
recovery ratio;
(v) such budget and plan are based upon and employ
assumptions and projections which are reasonable and prudent;
(vi) such budget and plan have been prepared in
accordance with sound financial practices as determined by
the Board; and
(vii) such budget and plan meet such other financial,
budgetary, or fiscal requirements that the Board may by rule
or regulation establish.
(3) In determining whether the budget and financial plan
provide a level of fares or charges sufficient to allow a
Service Board to meet its required system generated revenue
recovery ratio under clause (iv) in subparagraph (2), the
Board shall allow a Service Board to carry over cash from
farebox revenues to subsequent fiscal years.
(4) Unless the Board by an affirmative vote of 9 of the
then Directors determines that the budget and financial plan
of a Service Board meets the criteria specified in clauses
(ii) through (vii) of subparagraph (2) of this paragraph (b),
the Board shall not release to that Service Board any funds
for the periods covered by such budget and financial plan
except for the proceeds of taxes imposed by the Authority
under Section 4.03 which are allocated to the Service Board
under Section 4.01.
(5) If the Board has not found that the budget and
financial plan of a Service Board meets the criteria
specified in clauses (i) through (vii) of subparagraph (2) of
this paragraph (b), the Board shall, five working days after
the start of the Service Board's fiscal year adopt a budget
and financial plan meeting such criteria for that Service
Board.
(c)(1) If the Board shall at any time have received a
revised estimate, or revises any estimate the Board has made,
pursuant to this Section of the receipts to be collected by
the Authority which, in the judgment of the Board, requires a
change in the estimates on which the budget of any Service
Board is based, the Board shall advise the affected Service
Board of such revised estimates, and such Service Board shall
within 30 days after receipt of such advice submit a revised
budget incorporating such revised estimates. If the revised
estimates require, in the judgment of the Board, that the
system generated revenues recovery ratio of one or more
Service Boards be revised in order to allow the Authority to
meet its required ratio, the Board shall advise any such
Service Board of its revised ratio and such Service Board
shall within 30 days after receipt of such advice submit a
revised budget incorporating such revised estimates or ratio.
(2) Each Service Board shall, within such period after
the end of each fiscal quarter as shall be specified by the
Board, report to the Authority its financial condition and
results of operations and the financial condition and results
of operations of the public transportation services subject
to its jurisdiction, as at the end of and for such quarter.
If in the judgment of the Board such condition and results
are not substantially in accordance with such Service Board's
budget for such period, the Board shall so advise such
Service Board and such Service Board shall within the period
specified by the Board submit a revised budget incorporating
such results.
(3) If the Board shall determine that a revised budget
submitted by a Service Board pursuant to subparagraph (1) or
(2) of this paragraph (c) does not meet the criteria
specified in clauses (ii) through (vii) of subparagraph (2)
of paragraph (b) of this Section, the Board shall not release
any monies to that Service Board except the proceeds of taxes
imposed by the Authority under Section 4.03 or 4.03.1 which
are allocated to the Service Board under Section 4.01. If
the Service Board submits a revised financial plan and budget
which plan and budget shows that the criteria will be met
within a four quarter period, the Board shall continue to
release funds to the Service Board. The Board by a 9 vote of
its then Directors may require a Service Board to submit a
revised financial plan and budget which shows that the
criteria will be met in a time period less than four
quarters.
(d) All budgets and financial plans, financial
statements, audits and other information presented to the
Authority pursuant to this Section or which may be required
by the Board to permit it to monitor compliance with the
provisions of this Section shall be prepared and presented in
such manner and frequency and in such detail as shall have
been prescribed by the Board, shall be prepared on both an
accrual and cash flow basis as specified by the Board, and
shall identify and describe the assumptions and projections
employed in the preparation thereof to the extent required by
the Board. Except when the Board adopts a budget and a
financial plan for a Service Board under paragraph (b)(5), a
Service Board shall provide for such levels of transportation
services and fares or charges therefor as it deems
appropriate and necessary in the preparation of a budget and
financial plan meeting the criteria set forth in clauses (ii)
through (vii) of subparagraph (2) of paragraph (b) of this
Section. The Board shall have access to and the right to
examine and copy all books, documents, papers, records, or
other source data of a Service Board relevant to any
information submitted pursuant to this Section.
(e) Whenever this Section requires the Board to make
determinations with respect to estimates, budgets or
financial plans, or rules or regulations with respect thereto
such determinations shall be made upon the affirmative vote
of at least 9 of the then Directors and shall be incorporated
in a written report of the Board and such report shall be
submitted within 10 days after such determinations are made
to the Governor, the Mayor of Chicago (if such determinations
relate to the Chicago Transit Authority), and the Auditor
General of Illinois.
(Source: P.A. 84-1246.)
Section 5-255. The School Code is amended by changing
Sections 2-3.62 and 2-3.112 as follows:
(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
Sec. 2-3.62. Educational Service Centers.
(a) A regional network of educational service centers
shall be established by the State Board of Education to
coordinate and combine existing services in a manner which is
practical and efficient and to provide new services to
schools as provided in this Section. Services to be made
available by such centers shall include the planning,
implementation and evaluation of:
(1) education for gifted children through area
service centers, experimental projects and institutes as
provided in Section 14A-6;
(2) computer technology education including the
evaluation, use and application of state-of-the-art
technology in computer software as provided in Section
2-3.43;
(3) mathematics, science and reading resources for
teachers including continuing education, inservice
training and staff development.
The centers may provide training, technical assistance,
coordination and planning in other program areas such as
school improvement, school accountability, career guidance,
early childhood education, alcohol/drug education and
prevention, family life - sex education, electronic
transmission of data from school districts to the State,
alternative education and regional special education, and
telecommunications systems that provide distance learning.
Such telecommunications systems may be obtained through the
Department of Central Management Services pursuant to Section
405-270 67.18 of the Department of Central Management
Services Law (20 ILCS 405/405-270) Civil Administrative Code
of Illinois. The programs and services of educational service
centers may be offered to private school teachers and private
school students within each service center area provided
public schools have already been afforded adequate access to
such programs and services.
The State Board of Education shall promulgate rules and
regulations necessary to implement this Section. The rules
shall include detailed standards which delineate the scope
and specific content of programs to be provided by each
Educational Service Center, as well as the specific planning,
implementation and evaluation services to be provided by each
Center relative to its programs. The Board shall also
provide the standards by which it will evaluate the programs
provided by each Center.
(b) Centers serving Class 1 county school units shall be
governed by an 11-member board, 3 members of which shall be
public school teachers nominated by the local bargaining
representatives to the appropriate regional superintendent
for appointment and no more than 3 members of which shall be
from each of the following categories, including but not
limited to superintendents, regional superintendents, school
board members and a representative of an institution of
higher education. The members of the board shall be
appointed by the regional superintendents whose school
districts are served by the educational service center. The
composition of the board will reflect the revisions of this
amendatory Act of 1989 as the terms of office of current
members expire.
(c) The centers shall be of sufficient size and number
to assure delivery of services to all local school districts
in the State.
(d) From monies appropriated for this program the State
Board of Education shall provide grants to qualifying
Educational Service Centers applying for such grants in
accordance with rules and regulations promulgated by the
State Board of Education to implement this Section.
(e) The governing authority of each of the 18 regional
educational service centers shall appoint a family life - sex
education advisory board consisting of 2 parents, 2 teachers,
2 school administrators, 2 school board members, 2 health
care professionals, one library system representative, and
the director of the regional educational service center who
shall serve as chairperson of the advisory board so
appointed. Members of the family life - sex education
advisory boards shall serve without compensation. Each of
the advisory boards appointed pursuant to this subsection
shall develop a plan for regional teacher-parent family life
- sex education training sessions and shall file a written
report of such plan with the governing board of their
regional educational service center. The directors of each
of the regional educational service centers shall thereupon
meet, review each of the reports submitted by the advisory
boards and combine those reports into a single written report
which they shall file with the Citizens Council on School
Problems prior to the end of the regular school term of the
1987-1988 school year.
(f) The 14 educational service centers serving Class I
county school units shall be disbanded on the first Monday of
August, 1995, and their statutory responsibilities and
programs shall be assumed by the regional offices of
education, subject to rules and regulations developed by the
State Board of Education. The regional superintendents of
schools elected by the voters residing in all Class I
counties shall serve as the chief administrators for these
programs and services. By rule of the State Board of
Education, the 10 educational service regions of lowest
population shall provide such services under cooperative
agreements with larger regions.
(Source: P.A. 88-89; 89-335, eff. 1-1-96.)
(105 ILCS 5/2-3.112)
Sec. 2-3.112. Service evaluation reports.
(a) The Service Evaluation Committee is hereby created
to design and develop, under the direction of the Office of
the Lieutenant Governor, a form to be used by school
districts as provided in this Section to annually evaluate
the nature and quality of the services furnished to those
school districts by the State Board of Education and the
regional offices of education. The Service Evaluation
Committee shall be composed of 7 members, consisting of one
member from each of the following entities, designated in
each case by the governing board of the entity from which the
member is designated:
(1) the Regional Superintendents Association;
(2) the staff employed by the State Board of
Education;
(3) the Illinois Parent Teacher Association;
(4) the Illinois Education Association;
(5) the Illinois Federation of Teachers;
(6) the Illinois Association of School Boards; and
(7) the Illinois Association of School
Administrators.
Members of the Service Evaluation Committee shall serve at
the pleasure of the governing board of the entity by which
they are designated to serve as members of the Committee.
Committee members shall serve without compensation but shall
be reimbursed for the reasonable expenses which they
necessarily incur in the performance of their
responsibilities as members of the Committee.
(b) Under the direction of the Office of the Lieutenant
Governor, the Committee, at periodic intervals not to exceed
3 years, shall review the form to be used for the evaluation
and make any modifications in the form that it determines are
necessary. The design, development, and any modifications
that are to be made to the form shall be determined not later
than August 1 of each year, beginning in 1998.
(c) The Office of the Lieutenant Governor shall cause
the form of evaluation as last designed, developed, or
modified under this Section to be printed and distributed to
the board of education of each school district in the State
not later than September 1 of each year, beginning in 1998.
(d) The president of the board of education is
authorized to cause the evaluation form to be completed and
may sign the form as president of the board of education and
forward the completed form to the Office of the Lieutenant
Governor not later than November 1 of each year, beginning in
1998. Before completing and signing the evaluation form, the
president, acting through the board of education, shall
request and receive comments, opinions, and other input from
the district's administrators, teachers, and teacher
organizations to assist the board of education in evaluating,
rating, and reporting, on the form to be transmitted to the
Office of the Lieutenant Governor, the nature and quality of
the services furnished to the district by the State Board of
Education and the regional office of education for the
educational service region in which the school district is
located.
(e) The Office of the Lieutenant Governor shall review
and tally the results of all evaluation forms received from
the several school districts of the State and submit a
written report of the evaluation results to the Governor, the
General Assembly, the members of the State Board of
Education, and each of the several regional superintendents
of schools not later than December 15 of each year, beginning
in 1998. The Office of the Lieutenant Governor, in making
the annual written report required by this subsection, shall
not report, publish, or otherwise release the evaluation
results separately for any regional offices of education but
instead the evaluation results with respect to the regional
offices of education shall be tallied and reported on an
aggregate or composite basis, in such manner as to avoid
reporting evaluation results on a regional office of
education by regional office of education basis.
(f) This Section is subject to the provisions of Section
405-500 67.35 of the Department of Central Management
Services Law (20 ILCS 405/405-500) Civil Administrative Code
of Illinois.
(Source: P.A. 89-212, eff. 1-1-96; 89-626, eff. 8-9-96;
90-96, eff. 1-1-98; 90-498, eff. 1-1-98; 90-609, eff.
6-30-98.)
Section 5-260. The Illinois Distance Learning Foundation
Act is amended by changing Section 5 as follows:
(105 ILCS 40/5)
Sec. 5. Creation of Foundation. The General Assembly
authorizes the Lieutenant Governor, in accordance with
Section 10 of the State Agency Entity Creation Act, to create
the Illinois Distance Learning Foundation. Pursuant to this
authority, the Lieutenant Governor shall create the Illinois
Distance Learning Foundation as a not-for-profit foundation.
The Lieutenant Governor shall file articles of incorporation
as required under the General Not For Profit Corporation Act
of 1986 to create the Foundation. The Foundation's Board of
Directors shall be appointed by the Lieutenant Governor from
time to time. The Lieutenant Governor shall serve as
Chairman of the Board of Directors of the Foundation. The
Director of the Governor's Rural Affairs Council shall serve
as the initial Director of the Foundation. No member of the
Board of Directors may receive compensation for his or her
services to the Foundation.
Until January 11, 1999, while the office of Lieutenant
Governor is vacant, the powers and duties of the Lieutenant
Governor and the Office of the Lieutenant Governor under this
Act shall be carried out as provided in Section 67.35 of the
Civil Administrative Code of Illinois (renumbered; now
Section 405-500 of the Department of Central Management
Services Law, 20 ILCS 405/405-500).
(Source: P.A. 90-609, eff. 6-30-98.)
Section 5-265. The University of Illinois Act is amended
by changing Section 1a as follows:
(110 ILCS 305/1a) (from Ch. 144, par. 22a)
Sec. 1a. The Board of Trustees shall comply with the
provisions of "An Act concerning the use of Illinois mined
coal in certain plants and institutions", filed July 13,
1937; provided that in the purchase of any coal or other fuel
used in the operation of the University of Illinois, the
provisions of Section 30 of the Civil Administrative Code of
Illinois (repealed by P.A. 90-572) shall not apply to limit
the price authorized to be paid by the Board of Trustees for
any such coal or fuel.
(Source: P.A. 86-1189.)
Section 5-270. The Family Practice Residency Act is
amended by changing Section 10 as follows:
(110 ILCS 935/10) (from Ch. 144, par. 1460)
Sec. 10. Scholarship recipients who fail to fulfill the
obligation described in subsection (d) of Section 3.07 of
this Act shall pay to the Department a sum equal to 3 times
the amount of the annual scholarship grant for each year the
recipient fails to fulfill such obligation. A scholarship
recipient who fails to fulfill the obligation described in
subsection (d) of Section 3.07 shall have 30 days from the
date on which that failure begins in which to enter into a
contract with the Department that sets forth the manner in
which that sum is required to be paid. If the contract is
not entered into within that 30 day period or if the contract
is entered into but the required payments are not made in the
amounts and at the times provided in the contract, the
scholarship recipient also shall be required to pay to the
Department interest at the rate of 9% per annum on the amount
of that sum remaining due and unpaid. The amounts paid to the
Department under this Section shall be deposited into the
Community Health Center Care Fund and shall be used by the
Department to improve access to primary health care services
as authorized by subsection (a) of Section 2310-200 55.53(a)
of the Department of Public Health Powers and Duties Law (20
ILCS 2310/2310-200) Civil Administrative Code of Illinois.
The Department may transfer to the Illinois Development
Finance Authority, into an account outside the State
treasury, moneys in the Community Health Center Care Fund as
needed, but not to exceed an amount established, by rule, by
the Department to establish a reserve or credit enhancement
escrow account to support a financing program or a loan or
equipment leasing program to provide moneys to support the
purposes of subsection (a) of Section 2310-200 55.53(a) of
the Department of Public Health Powers and Duties Law (20
ILCS 2310/2310-200) Civil Administrative Code of Illinois.
The disposition of moneys at the conclusion of any financing
program under this Section shall be determined by an
interagency agreement.
(Source: P.A. 90-405, eff. 1-1-98.)
Section 5-275. The Podiatric Scholarship and Residency
Act is amended by changing Section 30 as follows:
(110 ILCS 978/30)
Sec. 30. Penalties for failure to fulfill obligations.
Scholarship recipients who fail to fulfill their obligation
to practice in designated shortage areas shall pay to the
Department a sum equal to 3 times the amount of the annual
scholarship grant for each year the recipient fails to
fulfill that obligation. The amounts paid to the Department
under this Section shall be used by the Department to improve
access to primary health care services as authorized by
Section 2310-200 55.53 of the Department of Public Health
Powers and Duties Law (20 ILCS 2310/2310-200) Civil
Administrative Code of Illinois.
(Source: P.A. 87-1195.)
Section 5-285. The Illinois Insurance Code is amended by
changing Section 401 as follows:
(215 ILCS 5/401) (from Ch. 73, par. 1013)
Sec. 401. General powers of the director. The Director is
charged with the rights, powers and duties appertaining to
the enforcement and execution of all the insurance laws of
this State. He shall have the power
(a) to make reasonable rules and regulations as may be
necessary for making effective such laws;
(b) to conduct such investigations as may be necessary
to determine whether any person has violated any provision of
such insurance laws;
(c) to conduct such examinations, investigations and
hearings in addition to those specifically provided for, as
may be necessary and proper for the efficient administration
of the insurance laws of this State; and
(d) to institute such actions or other lawful
proceedings as he may deem necessary for the enforcement of
the Illinois Insurance Code or of any Order or action made or
taken by him under this Code. The Attorney General, upon
request of the Director, may proceed in the courts of this
State to enforce an Order or decision in any court proceeding
or in any administrative proceeding before the Director.
Whenever the Director is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out his statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of "the Department of State Police Law (20 ILCS
2605/2605-400) Civil Administrative Code of Illinois", the
Department of State Police is authorized to furnish, pursuant
to positive identification, such information contained in
State files as is necessary to meet the requirements of such
authorization or statutes.
(Source: P.A. 86-610.)
Section 5-290. The Public Utilities Act is amended by
changing Section 4-101 as follows:
(220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
Sec. 4-101. The Commission shall have general supervision
of all public utilities, except as otherwise provided in this
Act, shall inquire into the management of the business
thereof and shall keep itself informed as to the manner and
method in which the business is conducted. It shall examine
those public utilities and keep informed as to their general
condition, their franchises, capitalization, rates and other
charges, and the manner in which their plants, equipment and
other property owned, leased, controlled or operated are
managed, conducted and operated, not only with respect to the
adequacy, security and accommodation afforded by their
service but also with respect to their compliance with this
Act and any other law, with the orders of the Commission and
with the charter and franchise requirements.
Whenever the Commission is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of "the Department of State Police
Law (20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois", the Department of State Police is authorized to
furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 86-610.)
Section 5-295. The Clinical Psychologist Licensing Act is
amended by changing Section 19 as follows:
(225 ILCS 15/19) (from Ch. 111, par. 5369)
Sec. 19. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at any formal hearing of any case. The notice of
hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and the
orders of the Department shall be the record of the
proceedings. The Department shall furnish a transcript of
the record to any person upon payment of the fee required
under Section 2105-115 60f of the Department of Professional
Regulation Law (20 ILCS 2105/2105-115) Civil Administrative
Code of Illinois.
(Source: P.A. 89-702, eff. 7-1-97.)
Section 5-298. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 22 as follows:
(225 ILCS 20/22) (from Ch. 111, par. 6372)
Sec. 22. Record of Proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to issue or to renew a license. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders
of the Department shall be in the record of such proceeding.
The Department shall furnish a transcript of the record to
any person upon payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
(Source: P.A. 90-150, eff. 12-30-97.)
Section 5-300. The Illinois Dental Practice Act is
amended by changing Section 42 as follows:
(225 ILCS 25/42) (from Ch. 111, par. 2342)
Sec. 42. Dental Disciplinary Fund. All fees, fines or
penalties received by the Department under this Act shall be
deposited in the Illinois State Dental Disciplinary Fund, a
special fund created hereunder in the State Treasury, and
shall be used only by the Department in the exercise of its
powers and performance of its duties under this Act,
including but not limited to the provision for evidence in
dental investigation. All earnings incurred from investment
of moneys in the Illinois State Dental Disciplinary Fund
shall be deposited in the Illinois State Dental Disciplinary
Fund and shall be used for the same purpose as fees deposited
in such Fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 61e
of the Department of Professional Regulation Law (20 ILCS
2105/2105-300) Civil Administrative Code of Illinois.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
89-204, eff. 1-1-96; 89-626, eff. 8-9-96.)
Section 5-305. The Dietetic and Nutrition Services
Practice Act is amended by changing Section 110 as follows:
(225 ILCS 30/110) (from Ch. 111, par. 8401-110)
Sec. 110. Record of hearing. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing,
complaint, and other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of
testimony, the report of the Board, and orders of the
Department shall be in the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 87-784; 87-1000.)
Section 5-310. The Environmental Health Practitioner
Licensing Act is amended by changing Sections 45 and 70 as
follows:
(225 ILCS 37/45)
Sec. 45. Record of Proceedings; transcript. The
Department, at its expense, shall provide a stenographer to
record all testimony at the hearing of any case where a
certificate is revoked or suspended. The notice of hearing,
complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript
of testimony, the report of the Committee, and the order of
the Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fees
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/70)
Sec. 70. Records of proceeding. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint,
and all other documents in the nature of pleadings, written
motions filed in the proceedings, transcripts of testimony,
reports of the Board and orders of the Department shall be in
the record of the proceedings. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 5-315. The Marriage and Family Therapy Licensing
Act is amended by changing Section 100 as follows:
(225 ILCS 55/100) (from Ch. 111, par. 8351-100)
Sec. 100. Record of proceeding. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint
and all other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of
testimony, the report of the Board and orders of the
Department shall be in the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 87-783; 87-1237.)
Section 5-320. The Medical Practice Act of 1987 is
amended by changing Sections 21 and 39 as follows:
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
Sec. 21. License renewal; restoration; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew such license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional
fee. A license renewal within 90 days after expiration shall
be effective retroactively to the expiration date.
The Department shall mail to each licensee under this
Act, to their last known place of address, at least 60 days
in advance of the expiration date of their license, a notice
of that fact and an application for renewal form. No such
license shall be deemed to have lapsed until 90 days after
the expiration date and after such notice and application
have been mailed by the Department as herein provided.
(B) Restoration. Any licensee who has permitted their
license to lapse or who has had their license on inactive
status may have their license restored by making application
to the Department and filing proof acceptable to the
Department of their fitness to have their license restored,
including evidence certifying to active practice in another
jurisdiction satisfactory to the Department, proof of meeting
the continuing education requirements for one renewal period,
and by paying the required restoration fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, their fitness to resume active status
and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of the practical examination.
However, any registrant whose license has expired while
they have been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy,
the Marine Corps, the Air Force, the Coast Guard, the Public
Health Service or the State Militia called into the service
or training of the United States of America, or (b) in
training or education under the supervision of the United
States preliminary to induction into the military service,
may have their license reinstated or restored without paying
any lapsed renewal fees, if within 2 years after honorable
termination of such service, training or education, they
furnish the Department with satisfactory evidence to the
effect that they have been so engaged and that their service,
training or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place their license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until they notify the Department in
writing of their desire to resume active status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee, provide
proof of meeting the continuing education requirements for
the period of time the license is inactive not to exceed one
renewal period, and shall be required to restore their
license, as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies
collected under this Act by the Department shall be deposited
in the Illinois State Medical Disciplinary Fund in the State
Treasury, and used only for the following purposes: (a) by
the Medical Disciplinary Board in the exercise of its powers
and performance of its duties, as such use is made by the
Department with full consideration of all recommendations of
the Medical Disciplinary Board, (b) for costs directly
related to persons licensed under this Act, and (c) for
direct and allocable indirect costs related to the public
purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 61e
of the Department of Professional Regulation Law (20 ILCS
2105/2105-300) Civil Administrative Code of Illinois.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited
in the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in such fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be
required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
determining the applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after
the applicant's application for examination has been
received and acknowledged by the Department or the
designated testing service, shall result in the
forfeiture of the examination fee.
(2) The fee for a license under Section 9 of this
Act is $300.
(3) The fee for a license under Section 19 of this
Act is $300.
(4) The fee for the renewal of a license for a
resident of Illinois shall be calculated at the rate of
$100 per year, except for licensees who were issued a
license within 12 months of the expiration date of the
license, the fee for the renewal shall be $100. The fee
for the renewal of a license for a nonresident shall be
calculated at the rate of $200 per year, except for
licensees who were issued a license within 12 months of
the expiration date of the license, the fee for the
renewal shall be $200.
(5) The fee for the restoration of a license other
than from inactive status, is $100. In addition payment
of all lapsed renewal fees not to exceed $600 is
required.
(6) The fee for a 3-year temporary license under
Section 17 is $100.
(7) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license which has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(10) The fee to be paid by a licensee for a wall
certificate showing their license shall be the actual
cost of producing such certificate.
(11) The fee for a roster of persons licensed as
physicians in this State shall be the actual cost of
producing such a roster.
(F) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
7-1-97.)
(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
Sec. 39. Stenographer; transcript. The Department, at
its expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case wherein a license may be revoked,
suspended, placed on probationary status, or other
disciplinary action taken with regard thereto. The notice of
hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Licensing Board
and the orders of the Department constitute the record of the
proceedings. The Department shall furnish a transcript of the
record to any person interested in such hearing upon payment
of the fee required under Section 2105-115 60f of the
Department of Professional Regulation Law (20 ILCS
2105/2105-115) Civil Administrative Code of Illinois.
(Source: P.A. 87-1031.)
Section 5-325. The Naprapathic Practice Act is amended by
changing Section 130 as follows:
(225 ILCS 63/130)
Sec. 130. Formal hearing; preservation of record. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Committee or
hearing officer, and order of the Department shall be the
record of the proceeding. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 5-330. The Illinois Nursing Act of 1987 is
amended by changing Sections 20-40 and 20-85 as follows:
(225 ILCS 65/20-40)
Sec. 20-40. Fund. There is hereby created within the
State Treasury the Nursing Dedicated and Professional Fund.
The monies in the Fund may be used by and at the direction of
the Department for the administration and enforcement of this
Act, including but not limited to:
(a) Distribution and publication of the Nursing and
Advanced Practice Nursing Act and the rules at the time
of renewal to all persons licensed by the Department
under this Act.
(b) Employment of secretarial, nursing,
administrative, enforcement, and other staff for the
administration of this Act.
(c) Conducting a survey, as prescribed by rule of
the Department, once every 4 years during the license
renewal period.
(d) Conducting of training seminars for licensees
under this Act relating to the obligations,
responsibilities, enforcement and other provisions of the
Act and its rules.
(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected
pursuant to this Act shall be deposited in the
Nursing Dedicated and Professional Fund.
(iii) For the fiscal year beginning July 1,
1988, the moneys deposited in the Nursing Dedicated
and Professional Fund shall be appropriated to the
Department for expenses of the Department and the
Board in the administration of this Act. All
earnings received from investment of moneys in the
Nursing Dedicated and Professional Fund shall be
deposited in the Nursing Dedicated and Professional
Fund and shall be used for the same purposes as fees
deposited in the Fund.
(iv) For the fiscal year beginning July 1,
1991 and for each fiscal year thereafter, either 10%
of the moneys deposited in the Nursing Dedicated and
Professional Fund each year, not including interest
accumulated on such moneys, or any moneys deposited
in the Fund in each year which are in excess of the
amount appropriated in that year to meet ordinary
and contingent expenses of the Board, whichever is
less, shall be set aside and appropriated to the
Illinois Department of Public Health for nursing
scholarships awarded pursuant to the Nursing
Education Scholarship Law.
(v) Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized
under Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300)
Civil Administrative Code of Illinois.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
7-1-98; 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
(225 ILCS 65/20-85)
Sec. 20-85. Stenographer; transcript. The Department,
at its expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case wherein any disciplinary action is taken
regarding a license. The notice of hearing, complaint and
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
Section 5-335. The Nursing Home Administrators Licensing
and Disciplinary Act is amended by changing Section 23 as
follows:
(225 ILCS 70/23) (from Ch. 111, par. 3673)
Sec. 23. Record of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at any
formal hearing of any case. The notice of hearing, complaint,
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the Board, and the orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in such hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 90-61, eff. 12-30-97.)
Section 5-340. The Illinois Optometric Practice Act of
1987 is amended by changing Section 20 as follows:
(225 ILCS 80/20) (from Ch. 111, par. 3920)
Sec. 20. Fund. All moneys received by the Department
pursuant to this Act shall be deposited in the Optometric
Licensing and Disciplinary Board Fund, which is hereby
created as a special fund in the State Treasury, and shall be
used only for the administration of this Act, including: (a)
by the Board in the exercise of its powers and performance of
its duties, as such use is made by the Department with full
consideration of all recommendations of the Board; (b) for
costs directly related to license renewal of persons licensed
under this Act; and (c) for direct and allocable indirect
costs related to the public purposes of the Department of
Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 61e
of the Department of Professional Regulation Law (20 ILCS
2105/2105-300) Civil Administrative Code of Illinois.
Money in the Optometric Licensing and Disciplinary Board
Fund may be invested and reinvested, with all earnings
received from such investment to be deposited in the
Optometric Licensing and Disciplinary Board Fund and used for
the same purposes as fees deposited in such fund.
Any monies in the Optometric Examining and Disciplinary
Board Fund on the effective date of this Act shall be
transferred to the Optometric Licensing and Disciplinary
Board Fund.
Any obligations of the Optometric Examining and
Disciplinary Board Fund unpaid on the effective date of this
Act shall be paid from the Optometric Licensing and
Disciplinary Board Fund.
(Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96;
89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
Section 5-345. The Pharmacy Practice Act of 1987 is
amended by changing Section 27 as follows:
(225 ILCS 85/27) (from Ch. 111, par. 4147)
Sec. 27. Fees. The following fees are not refundable.
(A) Certificate of pharmacy technician.
(1) The fee for application for a certificate of
registration as a pharmacy technician is $40.
(2) The fee for the renewal of a certificate of
registration as a pharmacy technician shall be calculated
at the rate of $25 per year.
(B) License as a pharmacist.
(1) The fee for application for a license is $75.
(2) In addition, applicants for any examination as
a registered pharmacist shall be required to pay, either
to the Department or to the designated testing service, a
fee covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the applicant's
application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the
examination fee.
(3) The fee for a license as a registered
pharmacist registered or licensed under the laws of
another state or territory of the United States is $200.
(4) The fee upon the renewal of a license shall be
calculated at the rate of $75 per year.
(5) The fee for the restoration of a certificate
other than from inactive status is $10 plus all lapsed
renewal fees.
(6) Applicants for the preliminary diagnostic
examination shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the application for
examination has been received and acknowledged by the
Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(7) The fee to have the scoring of an examination
authorized by the Department reviewed and verified is $20
plus any fee charged by the applicable testing service.
(C) License as a pharmacy.
(1) The fee for application for a license for a
pharmacy under this Act is $100.
(2) The fee for the renewal of a license for a
pharmacy under this Act shall be calculated at the rate
of $100 per year.
(3) The fee for the change of a
pharmacist-in-charge is $25.
(D) General Fees.
(1) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license that has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate certification is issued.
(2) The fee for a certification of a registrant's
record for any purpose is $20.
(3) The fee to have the scoring of an examination
administered by the Department reviewed and verified is
$20.
(4) The fee for a wall certificate showing
licensure or registration shall be the actual cost of
producing the certificate.
(5) The fee for a roster of persons registered as
pharmacists or registered pharmacies in this State shall
be the actual cost of producing the roster.
(6) The fee for pharmacy licensing, disciplinary or
investigative records obtained pursuant to a subpoena is
$1 per page.
(E) Except as provided in subsection (F), all moneys
received by the Department under this Act shall be deposited
in the Illinois State Pharmacy Disciplinary Fund hereby
created in the State Treasury and shall be used only for the
following purposes: (a) by the State Board of Pharmacy in the
exercise of its powers and performance of its duties, as such
use is made by the Department upon the recommendations of the
State Board of Pharmacy, (b) for costs directly related to
license renewal of persons licensed under this Act, and (c)
for direct and allocable indirect costs related to the public
purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 61e
of the Department of Professional Regulation Law (20 ILCS
2105/2105-300) Civil Administrative Code of Illinois.
The moneys deposited in the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund. The Department shall present to the
Board for its review and comment all appropriation requests
from the Illinois State Pharmacy Disciplinary Fund. The
Department shall give due consideration to any comments of
the Board in making appropriation requests.
(F) From the money received for license renewal fees, $5
from each pharmacist fee, and $2.50 from each pharmacy
technician fee, shall be set aside within the Illinois State
Pharmacy Disciplinary Fund for the purpose of supporting a
substance abuse program for pharmacists and pharmacy
technicians. The State Board of Pharmacy shall determine how
and to whom the money set aside under this subsection is
disbursed.
(G) (Blank).
(Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
89-626, eff. 8-9-96; 90-372, eff. 7-1-98.)
Section 5-350. The Podiatric Medical Practice Act of 1987
is amended by changing Section 19 as follows:
(225 ILCS 100/19) (from Ch. 111, par. 4819)
Sec. 19. Disciplinary Fund. All fees and fines received
by the Department under this Act shall be deposited in the
Illinois State Podiatric Disciplinary Fund, a special fund
created hereunder in the State Treasury. Of the moneys
deposited into the Illinois State Podiatric Disciplinary
Fund, 15% of the money received from the payment of renewal
fees shall be used for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act
and the remainder shall be appropriated to the Department for
expenses of the Department and of the Podiatric Medical
Licensing Board and for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act.
Moneys in the Illinois State Podiatric Disciplinary Fund
may be invested and reinvested in investments authorized for
the investment of funds of the State Employees' Retirement
System of Illinois.
All earnings received from such investments shall be
deposited in the Illinois State Podiatric Disciplinary Fund
and may be used for the same purposes as fees deposited in
such fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 61e
of the Department of Professional Regulation Law (20 ILCS
2105/2105-300) Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes
an audit of the Illinois State Podiatric Disciplinary Fund,
the Department shall make the audit open to inspection by any
interested person.
(Source: P.A. 89-204, eff. 1-1-96; 90-76, eff. 12-30-97;
90-372, eff. 7-1-98.)
Section 5-355. The Professional Boxing and Wrestling Act
is amended by changing Section 20 as follows:
(225 ILCS 105/20) (from Ch. 111, par. 5020)
Sec. 20. Stenographer; transcript. The Department, at
its expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case wherein a license or permit is subjected
to disciplinary action. The notice of hearing, complaint and
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the board and the orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 87-1031.)
Section 5-360. The Respiratory Care Practice Act is
amended by changing Section 110 as follows:
(225 ILCS 106/110)
Sec. 110. Record of proceedings; transcript. The
Department, at its expense, shall preserve the record of all
proceedings at a formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders
of the Department shall be in the record of the proceedings.
The Department shall furnish a transcript of the record to
any person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 89-33, eff. 1-1-96.)
Section 5-365. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by changing
Section 95 as follows:
(225 ILCS 107/95)
Sec. 95. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders
of the Department shall be in the record of such proceeding.
The Department shall furnish a transcript of the record to
any person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 87-1011; 87-1269.)
Section 5-370. The Wholesale Drug Distribution Licensing
Act is amended by changing Section 35 as follows:
(225 ILCS 120/35) (from Ch. 111, par. 8301-35)
Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
(a) The following fees shall be imposed by the
Department and are not refundable.
(1) The fee for application for a certificate of
registration as a wholesale drug distributor is $200.
(2) The fee for the renewal of a certificate of
registration as a wholesale drug distributor is $200 per
year.
(3) The fee for the change of person responsible
for drugs is $50.
(4) The fee for the issuance of a duplicate license
to replace a license that has been lost or destroyed is
$25.
(5) The fee for certification of a registrant's
record for any purpose is $25.
(6) The fee for a roster of licensed wholesale drug
distributors shall be the actual cost of producing the
roster.
(7) The fee for wholesale drug distributor
licensing, disciplinary, or investigative records
obtained under subpoena is $1 per page.
(b) All moneys received by the Department under this Act
shall be deposited into the Illinois State Pharmacy
Disciplinary Fund in the State Treasury and shall be used
only for the following purposes: (i) by the State Board of
Pharmacy in the exercise of its powers and performance of its
duties, as such use is made by the Department upon the
recommendations of the State Board of Pharmacy, (ii) for
costs directly related to license renewal of persons licensed
under this Act, and (iii) for direct and allocable indirect
costs related to the public purposes of the Department of
Professional Regulation. Moneys in the Fund may be
transferred to the Professions Indirect Cost Fund as
authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
The moneys deposited into the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund.
The Department shall present to the Board for its review
and comment all appropriation requests from the Illinois
State Pharmacy Disciplinary Fund. The Department shall give
due consideration to any comments of the Board in making
appropriation requests.
(c) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall
notify the person that payment of fees and fines shall be
paid to the Department by certified check or money order
within 30 calendar days of the notification. If, after the
expiration of 30 days from the date of the notification, the
person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or
certificate or deny the application, without hearing. If,
after termination or denial, the person seeks a license or
certificate, he or she shall apply to the Department for
restoration or issuance of the license or certificate and pay
all fees and fines due to the Department. The Department may
establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses
of processing this application. The Director may waive the
fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or
unnecessarily burdensome.
(d) The Department shall maintain a roster of the names
and addresses of all registrants and of all persons whose
licenses have been suspended or revoked. This roster shall
be available upon written request and payment of the required
fee.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-375. The Illinois Architecture Practice Act of
1989 is amended by changing Sections 25 and 38 as follows:
(225 ILCS 305/25) (from Ch. 111, par. 1325)
Sec. 25. Stenographer; transcript. The Department, at
its expense, shall preserve a record of all proceedings at
the formal hearing of any case involving the refusal to
restore, issue or renew a license, or the discipline of a
licensee. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the Board and the orders of the Department shall be
the record of the proceedings. The Department shall furnish
a transcript of the record to any person interested in the
hearing upon payment of the fee required by Section 2105-115
60f of the Department of Professional Regulation Law (20 ILCS
2105/2105-115) Civil Administrative Code of Illinois.
(Source: P.A. 86-702; 87-1031.)
(225 ILCS 305/38) (from Ch. 111, par. 1338)
Sec. 38. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Licensing Act of 1989. The expenses of the
Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
2105-75 62.1 of the Department of Professional Regulation Law
(20 ILCS 2105/2105-75) Civil Administrative Code of Illinois
and other expenses related to the administration and
enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
All fines and penalties under Sections 22 and 36 shall be
deposited in the Design Professional Administration and
Investigation Fund.
Moneys in the Design Professional Administration and
Investigation Fund may be invested and reinvested, with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is an addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-380. The Interior Design Profession Title Act
is amended by changing Section 30 as follows:
(225 ILCS 310/30) (from Ch. 111, par. 8230)
Sec. 30. Interior Design Administration and Investigation
Fund. All of the fees collected under this Act shall be
deposited in the Interior Design Administration and
Investigation Fund. The monies deposited in the Interior
Design Administration and Investigation Fund shall be
appropriated to the Department for expenses of the Department
and the Board in the administration of this Act. Monies in
the Interior Design Administration and Investigation Fund may
be invested and reinvested, with all earnings received from
such investment to be deposited in the Interior Design
Administration and Investigation Fund and used for the same
purposes as fees deposited in the Fund.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Interior Design Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the audit
report required to be submitted to the Department by this
Section is in addition to copies of audit reports required to
be submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-385. The Illinois Landscape Architecture Act of
1989 is amended by changing Sections 15 and 20 as follows:
(225 ILCS 315/15) (from Ch. 111, par. 8115)
Sec. 15. Disposition of funds. All of the fees
collected pursuant to this Act shall be deposited in the
Landscape Architects' Administration and Investigation Fund.
The monies deposited in the Landscape Architects'
Administration and Investigation Fund shall be appropriated
to the Department for expenses of the Department in the
administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
Money deposited in the Landscape Architects'
Administration and Investigation Fund pursuant to this
Section may be invested and reinvested, with all earnings
received from such investment to be deposited in the
Landscape Architects' Administration and Investigation Fund
and used for the same purposes as fees deposited in such
fund.
(Source: P.A. 89-204, eff. 1-1-96.)
(225 ILCS 315/20) (from Ch. 111, par. 8120)
Sec. 20. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to restore, issue or renew a license, or the
discipline of a licensee. The notice of hearing, complaint
and all other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 87-1031; 88-363.)
Section 5-390. The Professional Engineering Practice Act
of 1989 is amended by changing Sections 27 and 44 as
follows:
(225 ILCS 325/27) (from Ch. 111, par. 5227)
Sec. 27. Stenographer; transcript. The Department, at
its expense, shall preserve a record of all proceedings at
the formal hearing of any case involving the refusal to
issue, restore or renew a license or otherwise discipline a
registrant. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the Board and orders of the Department shall be in
the record of the proceeding. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
(Source: P.A. 86-667; 87-1031.)
(225 ILCS 325/44) (from Ch. 111, par. 5244)
Sec. 44. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Illinois
Architecture Practice Act, and the Structural Engineering
Licensing Act of 1989. The expenses of the Department under
this Act shall be limited to the ordinary and contingent
expenses of the Design Professionals Dedicated Employees
within the Department as established under Section 2105-75
62.1 of the Department of Professional Regulation Law (20
ILCS 2105/2105-75) Civil Administrative Code of Illinois and
other expenses related to the administration and enforcement
of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
All fines and penalties under Section 24 and Section 39
shall be deposited in the Design Professionals Administration
and Investigation Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that audit
includes an audit of the Design Professionals Administration
and Investigation Fund, the Department shall make the audit
report open to inspection by any interested person. The copy
of the audit report required to be submitted to the
Department by this Section is in addition to copies of audit
reports required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-395. The Illinois Professional Land Surveyor
Act of 1989 is amended by changing Sections 30 and 48 as
follows:
(225 ILCS 330/30) (from Ch. 111, par. 3280)
Sec. 30. Stenographer; transcript. The Department, at
its expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case where a license is revoked, suspended, or
other disciplinary action is taken. The notice of hearing,
complaint and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript
of testimony, the report of the Board and the orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 86-987; 87-1031.)
(225 ILCS 330/48) (from Ch. 111, par. 3298)
Sec. 48. Fund, appropriations, investments and audits.
The moneys deposited in the Design Professionals
Administration and Investigation Fund from fines and fees
under this Act shall be appropriated to the Department
exclusively for expenses of the Department and the Board in
the administration of this Act, the Illinois Architecture
Practice Act, the Professional Engineering Practice Act of
1989, and the Structural Engineering Licensing Act of 1989.
The expenses of the Department under this Act shall be
limited to the ordinary and contingent expenses of the Design
Professionals Dedicated Employees within the Department as
established under Section 2105-75 62.1 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-75) Civil
Administrative Code of Illinois and other expenses related to
the administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in that
Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is in addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-400. The Illinois Roofing Industry Licensing
Act is amended by changing Section 9.2 as follows:
(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
Sec. 9.2. The Department, at its expense, shall preserve
a record of all proceedings at the formal hearing of any
case. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the hearing officer and order of the Department
shall be the record of such proceeding. The Department shall
furnish a transcript of the record to any person interested
in the hearing upon payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)
Section 5-405. The Structural Engineering Licensing Act
of 1989 is amended by changing Sections 23 and 36 as follows:
(225 ILCS 340/23) (from Ch. 111, par. 6623)
Sec. 23. Record; transcript. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue,
restore or renew a license or the discipline of a licensee.
The notice of hearing, complaint and all other documents in
the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board and the orders of the Department shall be the record of
the proceedings. The Department shall furnish a transcript of
the record to any person interested in the hearing upon
payment of the fee required under Section 2105-115 60f of the
Department of Professional Regulation Law (20 ILCS
2105/2105-115) Civil Administrative Code of Illinois.
(Source: P.A. 86-711; 87-1031.)
(225 ILCS 340/36) (from Ch. 111, par. 6636)
Sec. 36. Fund; appropriations; investments; audits.
Moneys collected under this Act and deposited in the Design
Professionals Administration and Investigation Fund shall be
appropriated to the Department exclusively for expenses of
the Department and the Board in the administration of this
Act, the Illinois Professional Land Surveyor Act of 1989, the
Professional Engineering Practice Act of 1989, and the
Illinois Architecture Practice Act. The expenses of the
Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
2105-75 62.1 of the Department of Professional Regulation Law
(20 ILCS 2105/2105-75) Civil Administrative Code of Illinois
and other expenses related to the administration and
enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested, with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
All fines and penalties under Sections 20 and 34 shall be
deposited in the Design Professionals Administration and
Investigation Fund.
Upon the completion of any audit of the Department, as
prescribed by the Illinois State Auditing Act, that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is in addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-410. The Collection Agency Act is amended by
changing Section 17 as follows:
(225 ILCS 425/17)
Sec. 17. Record of hearing. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing,
complaint, and other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of
testimony, the report of the Board, and orders of the
Department shall be in the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)
Section 5-415. The Detection of Deception Examiners Act
is amended by changing Section 18 as follows:
(225 ILCS 430/18) (from Ch. 111, par. 2419)
Sec. 18. Stenographer; transcript; Committee report. The
Department, at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all
proceedings at the hearing of any case involving the refusal
to issue or the suspension or revocation of a license. The
notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Committee and orders of the Department shall be the records
of the proceedings. The Department shall furnish a transcript
of the record to any person or persons interested in the
hearing upon the payment of the fee required under Section
2105-115 60f of the Department of Professional Regulation Law
(20 ILCS 2105/2105-115) Civil Administrative Code of
Illinois.
In any case involving the refusal to issue or the
suspension or revocation of a license, a copy of the
Committee's report shall be served upon the respondent by the
Department, either personally or by registered or certified
mail as provided in this Act for the service of the notice of
hearing. Within 20 days after service, the respondent may
present to the Department a motion in writing for a
rehearing, which shall specify the particular grounds for
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon denial the Director
may enter an order in accordance with recommendations of the
Committee. If the respondent shall order and pay for a
transcript of the record within the time for filing a motion
for rehearing, the 20 day period within which a motion may be
filed shall commence upon the delivery of the transcript to
the respondent.
(Source: P.A. 87-1031.)
Section 5-420. The Illinois Public Accounting Act is
amended by changing Section 32 as follows:
(225 ILCS 450/32) (from Ch. 111, par. 5537)
Sec. 32. All moneys received by the Department under
this Act shall be deposited into the Registered Certified
Public Accountants' Administration and Disciplinary Fund,
which is hereby created as a special fund in the State
Treasury. The funds in the account shall be used by the
Department, as appropriated, exclusively for expenses of the
Department and the Public Accountants' Registration Committee
in the administration of this Act.
Moneys in the Registered Certified Public Accountants'
Administration and Disciplinary Fund may be invested and
reinvested, with all earnings received from the investments
to be deposited into the Registered Certified Public
Accountants' Administration and Disciplinary Fund.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 61e of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300) Civil
Administrative Code of Illinois.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 5-430. The Illinois Feeder Swine Dealer Licensing
Act is amended by changing Section 16 as follows:
(225 ILCS 620/16) (from Ch. 111, par. 216)
Sec. 16. Each licensee hereunder, except persons licensed
under the Livestock Auction Market Law as now or hereafter
amended, shall file with the Department a bond in the amount
of $5,000, with the licensee as principal and a surety
company authorized to do business in Illinois as surety,
conditioned on the performance by such licensee of all duties
required by law of a feeder swine dealer. Such bond shall
provide that it may not be cancelled without 30 days written
notice of termination to the Department prior to the
effective date of such termination.
Instead of filing a bond, a licensee may deliver to the
Department a trust fund agreement showing he has deposited
with a bank or trust company either $5,000 in cash or
securities endorsed in blank by the owner thereof and having
a fair market value of at least $5,000. The form of the
trust fund agreement shall be prescribed by the Department.
The trust fund agreement shall be subject to the same
conditions as would the bond described in this Section. A
licensee desiring to terminate a trust fund agreement shall
submit to the Director a written request to do so. The trust
fund agreement shall terminate within 30 days after the
Director's receipt of the request unless the Director
notifies the licensee of his objection to the termination.
The Director shall object to the termination of the trust
fund agreement where the possibility exists that an
obligation covered by the agreement might go unsatisfied.
The Director of Agriculture as trustee of the bond or the
trust fund described in this Section shall have the
authorities granted him in Section 205-410 40.23 of the
Department of Agriculture Law (20 ILCS 205/205-410) Civil
Administrative Code of Illinois and the rules adopted
pursuant thereto.
(Source: P.A. 83-760.)
Section 5-435. The Illinois Livestock Dealer Licensing
Act is amended by changing Section 2 as follows:
(225 ILCS 645/2) (from Ch. 111, par. 402)
Sec. 2. Necessity of license. No person shall engage in
the business of a livestock dealer in this State without a
license therefor issued by the Department.
A "commission firm" may be exempt from this Act if: it is
registered under the "Slaughter Livestock Buyers Act" as a
"slaughter livestock broker"; it requires all purchasers of
livestock to pay for such livestock before the close of the
next business day; it is a commission firm on a public
stockyard (St. Louis National Stockyards and Peoria Union
Stockyards); it buys or sells slaughter livestock on
commission basis only; it does business only on a named
public stockyard; and it has a bond on file with the United
States Department of Agriculture, Packers and Stockyards,
Agricultural Marketing Service, or any successor agency, in
an amount and conditioned upon such terms as meets the
conditions of Sections 201.30 and 201.31 of regulations
issued under the "Packers and Stockyards Act, 1921", as
amended. A duplicate original of such bond filed with the
Department will meet the bond requirements of this Act, and
such bond shall be the State bond. The Director shall be
named as trustee in such bond and the Department shall be
named to receive a 30-day notice of cancellation. The
Director as trustee of the bond shall have the authorities
granted him in Section 205-410 40.23 of the Department of
Agriculture Law (20 ILCS 205/205-410) Civil Administrative
Code and the rules adopted pursuant thereto.
(Source: P.A. 89-154, eff. 7-19-95.)
Section 5-440. The Slaughter Livestock Buyers Act is
amended by changing Section 4.1 as follows:
(225 ILCS 655/4.1) (from Ch. 111, par. 505)
Sec. 4.1. The Director shall be named as trustee on any
bond required of any person subject to the Packers and
Stockyards Act of 1921, as amended in 1976, if the home
office or headquarters of that person is located within this
State. The Director shall have the authorities granted him
in Section 205-410 40.23 of "the Department of Agriculture
Law (20 ILCS 205/205-410) Civil Administrative Code of
Illinois" and the rules adopted pursuant thereto.
(Source: P.A. 81-195.)
Section 5-443. The Coal Mining Act is amended by
changing Section 1.15 as follows:
(225 ILCS 705/1.15) (from Ch. 96 1/2, par. 265)
Sec. 1.15. "Mining Board" or "Board" means the State
Mining Board in the Department of Natural Resources, Office
of Mines and Minerals, created by Section 5-155 5.04 of the
Departments of State Government Law (20 ILCS 5/5-155) Civil
Administrative Code of Illinois.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 5-444. The Fluorspar and Underground Limestone
Mines Act is amended by changing Section 3 as follows:
(225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
Sec. 3. Office of Inspector of Mines. The Office of
Inspector of Mines as created by this Act shall be under the
jurisdiction of the Department of Natural Resources to the
same purport and effect as all other mining operations
provided for by law, unless otherwise provided. The
Inspector of Mines appointed hereunder shall keep an office
within and as a part of the office of the Director of the
Office of Mines and Minerals, and whose necessary employees
shall be employed and paid in the same manner as is provided
for the employment and pay of the necessary employees of the
State departments under the Civil Administrative Code of
Illinois, and as is provided in Section 5-645 20 of the
Departments of State Government Law (20 ILCS 5/5-645 Civil
Administrative Code of Illinois.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 5-445. The Professional Geologist Licensing Act
is amended by changing Section 95 as follows:
(225 ILCS 745/95)
Sec. 95. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcripts of testimony, the report of the Board, and orders
of the Department shall be in the record of the proceeding.
The Department shall furnish a transcript of such record to
any person interested in such hearing upon payment of the fee
required under Section 2105-115 60f of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115) Civil
Administrative Code of Illinois.
(Source: P.A. 89-366, eff. 7-1-96.)
Section 5-450. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 9, 28, and 31 as follows:
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9. The Board shall have all powers necessary and
proper to fully and effectively execute the provisions of
this Act, including, but not limited to, the following:
(a) The Board is vested with jurisdiction and
supervision over all race meetings in this State, over all
licensees doing business in this State, over all occupation
licensees, and over all persons on the facilities of any
licensee. Such jurisdiction shall include the power to issue
licenses to the Illinois Department of Agriculture
authorizing the pari-mutuel system of wagering on harness and
Quarter Horse races held (1) at the Illinois State Fair in
Sangamon County, and (2) at the DuQuoin State Fair in Perry
County. The jurisdiction of the Board shall also include the
power to issue licenses to county fairs which are eligible to
receive funds pursuant to the Agricultural Fair Act, as now
or hereafter amended, or their agents, authorizing the
pari-mutuel system of wagering on horse races conducted at
the county fairs receiving such licenses. Such licenses
shall be governed by subsection (n) of this Section.
Upon application, the Board shall issue a license to the
Illinois Department of Agriculture to conduct harness and
Quarter Horse races at the Illinois State Fair and at the
DuQuoin State Fairgrounds during the scheduled dates of each
fair. The Board shall not require and the Department of
Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e),
(e-5), (e-10), (f), (g), and (h) of Section 20, and Sections
21, 24 and 25. The Board and the Department of Agriculture
may extend any or all of these exemptions to any contractor
or agent engaged by the Department of Agriculture to conduct
its race meetings when the Board determines that this would
best serve the public interest and the interest of horse
racing.
Notwithstanding any provision of law to the contrary, it
shall be lawful for any licensee to operate pari-mutuel
wagering or contract with the Department of Agriculture to
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
or for the Department to enter into contracts with a
licensee, employ its owners, employees or agents and employ
such other occupation licensees as the Department deems
necessary in connection with race meetings and wagerings.
(b) The Board is vested with the full power to
promulgate reasonable rules and regulations for the purpose
of administering the provisions of this Act and to prescribe
reasonable rules, regulations and conditions under which all
horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to
provide for the prevention of practices detrimental to the
public interest and to promote the best interests of horse
racing and to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter the
facilities and other places of business of any licensee to
determine whether there has been compliance with the
provisions of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it
delegates this power, is vested with the authority to
investigate alleged violations of the provisions of this Act,
its reasonable rules and regulations, orders and final
decisions; the Board shall take appropriate disciplinary
action against any licensee or occupation licensee for
violation thereof or institute appropriate legal action for
the enforcement thereof.
(e) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any race
meeting or the facilities of any licensee, or any part
thereof, any occupation licensee or any other individual
whose conduct or reputation is such that his presence on
those facilities may, in the opinion of the Board, call into
question the honesty and integrity of horse racing or
wagering or interfere with the orderly conduct of horse
racing or wagering; provided, however, that no person shall
be excluded or ejected from the facilities of any licensee
solely on the grounds of race, color, creed, national origin,
ancestry, or sex. The power to eject or exclude an
occupation licensee or other individual may be exercised for
just cause by the licensee or the Board, subject to
subsequent hearing by the Board as to the propriety of said
exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related
facilities, for the purpose of conducting saliva, blood,
urine and other tests on the horses run or to be run in any
horse race meeting and to purchase all equipment and supplies
deemed necessary or desirable in connection with any such
testing laboratories and related facilities and all such
tests.
(g) The Board may require that the records, including
financial or other statements of any licensee or any person
affiliated with the licensee who is involved directly or
indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other
statements relate to such activities be kept in such manner
as prescribed by the Board, and that Board employees shall
have access to those records during reasonable business
hours. Within 120 days of the end of its fiscal year, each
licensee shall transmit to the Board an audit of the
financial transactions and condition of the licensee's total
operations. All audits shall be conducted by certified
public accountants. Each certified public accountant must be
registered in the State of Illinois under the Illinois Public
Accounting Act. The compensation for each certified public
accountant shall be paid directly by the licensee to the
certified public accountant. A licensee shall also submit
any other financial or related information the Board deems
necessary to effectively administer this Act and all rules,
regulations, and final decisions promulgated under this Act.
(h) The Board shall name and appoint in the manner
provided by the rules and regulations of the Board: an
Executive Director; a State director of mutuels; State
veterinarians and representatives to take saliva, blood,
urine and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission
ticket sellers and mutuel clerks). All of those named and
appointed as provided in this subsection shall serve during
the pleasure of the Board; their compensation shall be
determined by the Board and be paid in the same manner as
other employees of the Board under this Act.
(i) The Board shall require that there shall be 3
stewards at each horse race meeting, at least 2 of whom shall
be named and appointed by the Board. Stewards appointed or
approved by the Board, while performing duties required by
this Act or by the Board, shall be entitled to the same
rights and immunities as granted to Board members and Board
employees in Section 10 of this Act.
(j) The Board may discharge any Board employee who fails
or refuses for any reason to comply with the rules and
regulations of the Board, or who, in the opinion of the
Board, is guilty of fraud, dishonesty or who is proven to be
incompetent. The Board shall have no right or power to
determine who shall be officers, directors or employees of
any licensee, or their salaries except the Board may, by
rule, require that all or any officials or employees in
charge of or whose duties relate to the actual running of
races be approved by the Board.
(k) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it under
this Section for the purpose of administering this Act and
any rules or regulations promulgated in accordance with this
Act.
(l) The Board is vested with the power to impose civil
penalties of up to $5,000 against an individual and up to
$10,000 against a licensee for each violation of any
provision of this Act, any rules adopted by the Board, any
order of the Board or any other action which, in the Board's
discretion, is a detriment or impediment to horse racing or
wagering.
(m) The Board is vested with the power to prescribe a
form to be used by licensees as an application for employment
for employees of each licensee.
(n) The Board shall have the power to issue a license to
any county fair, or its agent, authorizing the conduct of the
pari-mutuel system of wagering. The Board is vested with the
full power to promulgate reasonable rules, regulations and
conditions under which all horse race meetings licensed
pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct
of the pari-mutuel system of wagering. The rules,
regulations and conditions shall provide for the prevention
of practices detrimental to the public interest and for the
best interests of horse racing, and shall prescribe penalties
for violations thereof. Any authority granted the Board
under this Act shall extend to its jurisdiction and
supervision over county fairs, or their agents, licensed
pursuant to this subsection. However, the Board may waive
any provision of this Act or its rules or regulations which
would otherwise apply to such county fairs or their agents.
(o) Whenever the Board is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois, the Department of State Police is authorized to
furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(p) To insure the convenience, comfort, and wagering
accessibility of race track patrons, to provide for the
maximization of State revenue, and to generate increases in
purse allotments to the horsemen, the Board shall require any
licensee to staff the pari-mutuel department with adequate
personnel.
(Source: P.A. 88-82; 88-495; 88-670, eff. 12-2-94; 89-16,
eff. 5-30-95.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section
27 of this Act, moneys collected shall be distributed
according to the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received
by the State as privilege taxes shall be paid into the
Metropolitan Fair and Exposition Authority Reconstruction
Fund in the State treasury until such Fund contains
sufficient money to pay in full, both principal and interest,
all of the outstanding bonds issued pursuant to the Fair and
Exposition Authority Reconstruction Act, approved July 31,
1967, as amended, and thereafter shall be paid into the
Metropolitan Exposition Auditorium and Office Building Fund
in the State Treasury.
(b) Four and one-half per cent of the total of all
monies received by the State as privilege taxes shall be paid
into the State treasury into a special Fund to be known as
the "Metropolitan Exposition, Auditorium, and Office Building
Fund".
(c) Fifty per cent of the total of all monies received
by the State as privilege taxes under the provisions of this
Act shall be paid into the "Agricultural Premium Fund".
(d) Seven per cent of the total of all monies received
by the State as privilege taxes shall be paid into the Fair
and Exposition Fund in the State treasury; provided, however,
that when all bonds issued prior to July 1, 1984 by the
Metropolitan Fair and Exposition Authority shall have been
paid or payment shall have been provided for upon a refunding
of those bonds, thereafter 1/12 of $1,665,662 of such monies
shall be paid each month into the Build Illinois Fund, and
the remainder into the Fair and Exposition Fund. All excess
monies shall be allocated to the Department of Agriculture
for distribution to county fairs for premiums and
rehabilitation as set forth in the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) That part representing 1/2 of the total breakage in
Thoroughbred, Harness, Appaloosa, Arabian, and Quarter Horse
racing in the State shall be paid into the "Illinois Race
Track Improvement Fund" as established in Section 32.
(h) All other monies received by the Board under this
Act shall be paid into the General Revenue Fund of the State.
(i) The salaries of the Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Board, and all expenses
of the Board incident to the administration of this Act,
including, but not limited to, all expenses and salaries
incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Board shall
be paid out of the Agricultural Premium Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois
State Fair and the DuQuoin State Fair, including the
payment of prize money or premiums;
(2) for the distribution to county fairs,
vocational agriculture section fairs, agricultural
societies, and agricultural extension clubs in accordance
with the "Agricultural Fair Act", as amended;
(3) for payment of prize monies and premiums
awarded and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums,
and awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural
and Home Economic Extension Councils in the several
counties in this State and making an appropriation
therefor", approved July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois
College of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance
of the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and
control of the Department of Agriculture;
(9) for the expenses of the Department of
Agriculture under Section 5-530 6.01a of "the Departments
of State Government Law (20 ILCS 5/5-530) Civil
Administrative Code of Illinois", as amended;
(10) for the expenses of the Department of Commerce
and Community Affairs under Sections 605-620, 605-625,
and 605-630 of the Department of Commerce and Community
Affairs Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630) 6.18a, 46.24, 46.25 and 46.26 of "the Civil
Administrative Code of Illinois", as amended;
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of disabled veterans of any war
and their surviving spouses and orphans;
(13) for expenses of the Department of State Police
for duties performed under this Act;
(14) for the Department of Agriculture for soil
surveys and soil and water conservation purposes;
(15) for the Department of Agriculture for grants
to the City of Chicago for conducting the Chicagofest.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor
in excess of the amount necessary for the purposes herein
stated, the Governor shall notify the Comptroller and the
State Treasurer of such fact, who, upon receipt of such
notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The General Assembly declares that it is
the policy of this State to encourage the breeding of
standardbred horses in this State and the ownership of such
horses by residents of this State in order to provide for:
sufficient numbers of high quality standardbred horses to
participate in harness racing meetings in this State, and to
establish and preserve the agricultural and commercial
benefits of such breeding and racing industries to the State
of Illinois. It is the intent of the General Assembly to
further this policy by the provisions of this Section of this
Act.
(b) Each organization licensee conducting a harness
racing meeting pursuant to this Act shall provide for at
least two races each race program limited to Illinois
conceived and foaled horses. A minimum of 6 races shall be
conducted each week limited to Illinois conceived and foaled
horses. No horses shall be permitted to start in such races
unless duly registered under the rules of the Department of
Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality and class of
Illinois conceived and foaled horses available. If, however,
sufficient competition cannot be had among horses of that
class on any day, the races may, with consent of the Board,
be eliminated for that day and substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Standardbred Breeders
Fund.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this
Act, eight and one-half per cent of all the monies received
by the State as privilege taxes on harness racing meetings
shall be paid into the Illinois Standardbred Breeders Fund.
(e) The Illinois Standardbred Breeders Fund shall be
administered by the Department of Agriculture with the
assistance and advice of the Advisory Board created in
subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory
Board is hereby created. The Advisory Board shall consist of
the Director of the Department of Agriculture, who shall
serve as Chairman; the Superintendent of the Illinois State
Fair; a member of the Illinois Racing Board, designated by
it; a representative of the Illinois Standardbred Owners and
Breeders Association, recommended by it; a representative of
the Illinois Association of Agricultural Fairs, recommended
by it, such representative to be from a fair at which
Illinois conceived and foaled racing is conducted; a
representative of the organization licensees conducting
harness racing meetings, recommended by them and a
representative of the Illinois Harness Horsemen's
Association, recommended by it. Advisory Board members shall
serve for 2 years commencing January 1, of each odd numbered
year. If representatives of the Illinois Standardbred Owners
and Breeders Associations, the Illinois Association of
Agricultural Fairs, the Illinois Harness Horsemen's
Association, and the organization licensees conducting
harness racing meetings have not been recommended by January
1, of each odd numbered year, the Director of the Department
of Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for
their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in
the execution of their official duties.
(g) No monies shall be expended from the Illinois
Standardbred Breeders Fund except as appropriated by the
General Assembly. Monies appropriated from the Illinois
Standardbred Breeders Fund shall be expended by the
Department of Agriculture, with the assistance and advice of
the Illinois Standardbred Breeders Fund Advisory Board for
the following purposes only:
1. To provide purses for races limited to Illinois
conceived and foaled horses at the State Fair.
2. To provide purses for races limited to Illinois
conceived and foaled horses at county fairs.
3. To provide purse supplements for races limited
to Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
4. No less than 75% of all monies in the Illinois
Standardbred Breeders Fund shall be expended for purses
in 1, 2 and 3 as shown above.
5. In the discretion of the Department of
Agriculture to provide awards to harness breeders of
Illinois conceived and foaled horses which win races
conducted by organization licensees conducting harness
racing meetings. A breeder is the owner of a mare at the
time of conception. No more than 10% of all monies
appropriated from the Illinois Standardbred Breeders Fund
shall be expended for such harness breeders awards. No
more than 25% of the amount expended for harness breeders
awards shall be expended for expenses incurred in the
administration of such harness breeders awards.
6. To pay for the improvement of racing facilities
located at the State Fair and County fairs.
7. To pay the expenses incurred in the
administration of the Illinois Standardbred Breeders
Fund.
8. To promote the sport of harness racing.
(h) Whenever the Governor finds that the amount in the
Illinois Standardbred Breeders Fund is more than the total of
the outstanding appropriations from such fund, the Governor
shall notify the State Comptroller and the State Treasurer of
such fact. The Comptroller and the State Treasurer, upon
receipt of such notification, shall transfer such excess
amount from the Illinois Standardbred Breeders Fund to the
General Revenue Fund.
(i) A sum equal to 12 1/2% of the first prize money of
every purse won by an Illinois conceived and foaled horse
shall be paid by the organization licensee conducting the
horse race meeting to the breeder of such winning horse from
the organization licensee's share of the money wagered. Such
payment shall not reduce any award to the owner of the horse
or reduce the taxes payable under this Act. Such payment
shall be delivered by the organization licensee at the end of
each race meeting.
(j) The Department of Agriculture shall, by rule, with
the assistance and advice of the Illinois Standardbred
Breeders Fund Advisory Board:
1. Qualify stallions for Illinois Standardbred Breeders
Fund breeding; such stallion shall be owned by a resident of
the State of Illinois or by an Illinois corporation all of
whose shareholders, directors, officers and incorporators are
residents of the State of Illinois. Such stallion shall
stand for service at and within the State of Illinois at the
time of a foal's conception, and such stallion must not stand
for service at any place, nor may semen from such stallion be
transported, outside the State of Illinois during that
calendar year in which the foal is conceived and that the
owner of the stallion was for the 12 months prior, a resident
of Illinois. The articles of agreement of any partnership,
joint venture, limited partnership, syndicate, association or
corporation and any bylaws and stock certificates must
contain a restriction that provides that the ownership or
transfer of interest by any one of the persons a party to the
agreement can only be made to a person who qualifies as an
Illinois resident.
2. Provide for the registration of Illinois conceived
and foaled horses and no such horse shall compete in the
races limited to Illinois conceived and foaled horses unless
registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as may be
necessary to determine the eligibility of such horses. No
person shall knowingly prepare or cause preparation of an
application for registration of such foals containing false
information. A mare (dam) must be in the state at least 30
days prior to foaling or remain in the State at least 30 days
at the time of foaling. Beginning with the 1996 breeding
season and for foals of 1997 and thereafter, a foal conceived
by transported fresh semen may be eligible for Illinois
conceived and foaled registration provided all breeding and
foaling requirements are met. The stallion must be qualified
for Illinois Standardbred Breeders Fund breeding at the time
of conception and the mare must be inseminated within the
State of Illinois. The foal must be dropped in Illinois and
properly registered with the Department of Agriculture in
accordance with this Act.
3. Provide that at least a 5 day racing program shall be
conducted at the State Fair each year, which program shall
include at least the following races limited to Illinois
conceived and foaled horses: (a) a two year old Trot and
Pace, and Filly Division of each; (b) a three year old Trot
and Pace, and Filly Division of each; (c) an aged Trot and
Pace, and Mare Division of each.
4. Provide for the payment of nominating, sustaining and
starting fees for races promoting the sport of harness racing
and for the races to be conducted at the State Fair as
provided in subsection (j) 3 of this Section provided that
the nominating, sustaining and starting payment required from
an entrant shall not exceed 2% of the purse of such race.
All nominating, sustaining and starting payments shall be
held for the benefit of entrants and shall be paid out as
part of the respective purses for such races. Nominating,
sustaining and starting fees shall be held in trust accounts
for the purposes as set forth in this Act and in accordance
with Section 205-15 40.7 of "the Department of Agriculture
Law (20 ILCS 205/205-15) Civil Administrative Code of
Illinois".
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring to
sponsor races at county fairs.
(k) The Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board, may allocate monies for purse supplements for
such races. In determining whether to allocate money and the
amount, the Department of Agriculture shall consider factors,
including but not limited to, the amount of money
appropriated for the Illinois Standardbred Breeders Fund
program, the number of races that may occur, and an
organizational licensee's purse structure. The
organizational licensee shall notify the Department of
Agriculture of the conditions and minimum purses for races
limited to Illinois conceived and foaled horses to be
conducted by each organizational licensee conducting a
harness racing meeting for which purse supplements have been
negotiated.
(l) All races held at county fairs and the State Fair
which receive funds from the Illinois Standardbred Breeders
Fund shall be conducted in accordance with the rules of the
United States Trotting Association unless otherwise modified
by the Department of Agriculture.
(m) At all standardbred race meetings held or conducted
under authority of a license granted by the Board, and at all
standardbred races held at county fairs which are approved by
the Department of Agriculture or at the Illinois or DuQuoin
State Fairs, no one shall jog, train, warm up or drive a
standardbred horse unless he or she is wearing a protective
safety helmet, with the chin strap fastened and in place,
which meets the standards and requirements as set forth in
the 1984 Standard for Protective Headgear for Use in Harness
Racing and Other Equestrian Sports published by the Snell
Memorial Foundation, or any standards and requirements for
headgear the Illinois Racing Board may approve. Any other
standards and requirements so approved by the Board shall
equal or exceed those published by the Snell Memorial
Foundation. Any equestrian helmet bearing the Snell label
shall be deemed to have met those standards and requirements.
(Source: P.A. 89-16, eff. 5-30-95.)
Section 5-455. The Riverboat Gambling Act is amended by
changing Sections 5 and 22 as follows:
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established within the
Department of Revenue an Illinois Gaming Board which shall
have the powers and duties specified in this Act, and all
other powers necessary and proper to fully and effectively
execute this Act for the purpose of administering,
regulating, and enforcing the system of riverboat gambling
established by this Act. Its jurisdiction shall extend under
this Act to every person, association, corporation,
partnership and trust involved in riverboat gambling
operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed
by the Governor with the advice and consent of the Senate,
one of whom shall be designated by the Governor to be
chairman. Each member shall have a reasonable knowledge of
the practice, procedure and principles of gambling
operations. Each member shall either be a resident of
Illinois or shall certify that he will become a resident of
Illinois before taking office. At least one member shall be
experienced in law enforcement and criminal investigation, at
least one member shall be a certified public accountant
experienced in accounting and auditing, and at least one
member shall be a lawyer licensed to practice law in
Illinois.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a
term ending July 1, 1991, 2 for a term ending July 1, 1992,
and 2 for a term ending July 1, 1993. Upon the expiration of
the foregoing terms, the successors of such members shall
serve a term for 3 years and until their successors are
appointed and qualified for like terms. Vacancies in the
Board shall be filled for the unexpired term in like manner
as original appointments. Each member of the Board shall be
eligible for reappointment at the discretion of the Governor
with the advice and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board
or continue to be a member of the Board who is, or whose
spouse, child or parent is, a member of the board of
directors of, or a person financially interested in, any
gambling operation subject to the jurisdiction of this Board,
or any race track, race meeting, racing association or the
operations thereof subject to the jurisdiction of the
Illinois Racing Board. No Board member shall hold any other
public office for which he shall receive compensation other
than necessary travel or other incidental expenses. No
person shall be a member of the Board who is not of good
moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any
other state, or the United States.
(6) Any member of the Board may be removed by the
Governor for neglect of duty, misfeasance, malfeasance, or
nonfeasance in office.
(7) Before entering upon the discharge of the duties of
his office, each member of the Board shall take an oath that
he will faithfully execute the duties of his office according
to the laws of the State and the rules and regulations
adopted therewith and shall give bond to the State of
Illinois, approved by the Governor, in the sum of $25,000.
Every such bond, when duly executed and approved, shall be
recorded in the office of the Secretary of State. Whenever
the Governor determines that the bond of any member of the
Board has become or is likely to become invalid or
insufficient, he shall require such member forthwith to renew
his bond, which is to be approved by the Governor. Any
member of the Board who fails to take oath and give bond
within 30 days from the date of his appointment, or who fails
to renew his bond within 30 days after it is demanded by the
Governor, shall be guilty of neglect of duty and may be
removed by the Governor. The cost of any bond given by any
member of the Board under this Section shall be taken to be a
part of the necessary expenses of the Board.
(8) Upon the request of the Board, the Department shall
employ such personnel as may be necessary to carry out the
functions of the Board. No person shall be employed to serve
the Board who is, or whose spouse, parent or child is, an
official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations
within this State or any organization engaged in conducting
horse racing within this State. Any employee violating these
prohibitions shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties
that the Board shall assign him. The salary of the
Administrator shall be determined by the Board and approved
by the Director of the Department and, in addition, he shall
be reimbursed for all actual and necessary expenses incurred
by him in discharge of his official duties. The
Administrator shall keep records of all proceedings of the
Board and shall preserve all records, books, documents and
other papers belonging to the Board or entrusted to its care.
The Administrator shall devote his full time to the duties of
the office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the
Board shall be served either by personal delivery or by
certified mail, postage prepaid, to the aggrieved party.
Notice served by certified mail shall be deemed complete
on the business day following the date of such mailing.
The Board shall conduct all requested hearings promptly
and in reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations
promulgated hereunder;
(3) To promulgate such rules and regulations as in
its judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection
of all license and registration fees and taxes imposed by
this Act and the rules and regulations issued pursuant
hereto. All such fees and taxes shall be deposited into
the State Gaming Fund;
(5) To provide for the levy and collection of
penalties and fines for the violation of provisions of
this Act and the rules and regulations promulgated
hereunder. All such fines and penalties shall be
deposited into the Education Assistance Fund, created by
Public Act 86-0018, of the State of Illinois;
(6) To be present through its inspectors and agents
any time gambling operations are conducted on any
riverboat for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment
as from time to time the Board may deem necessary and
proper;
(7) To review and rule upon any complaint by a
licensee regarding any investigative procedures of the
State which are unnecessarily disruptive of gambling
operations. The need to inspect and investigate shall be
presumed at all times. The disruption of a licensee's
operations shall be proved by clear and convincing
evidence, and establish that: (A) the procedures had no
reasonable law enforcement purposes, and (B) the
procedures were so disruptive as to unreasonably inhibit
gambling operations;
(8) To hold at least one meeting each quarter of
the fiscal year. In addition, special meetings may be
called by the Chairman or any 2 Board members upon 72
hours written notice to each member. All Board meetings
shall be subject to the Open Meetings Act. Three members
of the Board shall constitute a quorum, and 3 votes shall
be required for any final determination by the Board.
The Board shall keep a complete and accurate record of
all its meetings. A majority of the members of the Board
shall constitute a quorum for the transaction of any
business, for the performance of any duty, or for the
exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except
that, upon order of the Board, one of the Board members
or an administrative law judge designated by the Board
may conduct any hearing provided for under this Act or by
Board rule and may recommend findings and decisions to
the Board. The Board member or administrative law judge
conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the
time of the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the
Board in such case;
(9) To maintain records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings;
(10) To file a written annual report with the
Governor on or before March 1 each year and such
additional reports as the Governor may request. The
annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board,
and any additional information and recommendations which
the Board may deem valuable or which the Governor may
request;
(11) To review the patterns of wagering and wins
and losses by persons on riverboat gambling operations
under this Act, and make recommendation to the Governor
and the General Assembly, by January 31, 1992, as to
whether limits on wagering losses should be imposed; and
(12) To assume responsibility for the
administration and enforcement of the Bingo License and
Tax Act, the Charitable Games Act, and the Pull Tabs and
Jar Games Act if such responsibility is delegated to it
by the Director of Revenue.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including,
but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select
among competing applicants the applicants which best
serve the interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations in this State and all
persons on riverboats where gambling operations are
conducted.
(3) To promulgate rules and regulations for the
purpose of administering the provisions of this Act and
to prescribe rules, regulations and conditions under
which all riverboat gambling in the State shall be
conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat
gambling, including rules and regulations regarding the
inspection of such riverboats and the review of any
permits or licenses necessary to operate a riverboat
under any laws or regulations applicable to riverboats,
and to impose penalties for violations thereof.
(4) To enter the office, riverboats, facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of
this Act is likely to be found.
(5) To investigate alleged violations of this Act
or the rules of the Board and to take appropriate
disciplinary action against a licensee or a holder of an
occupational license for a violation, or institute
appropriate legal action for enforcement, or both.
(6) To adopt standards for the licensing of all
persons under this Act, as well as for electronic or
mechanical gambling games, and to establish fees for such
licenses.
(7) To adopt appropriate standards for all
riverboats and facilities.
(8) To require that the records, including
financial or other statements of any licensee under this
Act, shall be kept in such manner as prescribed by the
Board and that any such licensee involved in the
ownership or management of gambling operations submit to
the Board an annual balance sheet and profit and loss
statement, list of the stockholders or other persons
having a 1% or greater beneficial interest in the
gambling activities of each licensee, and any other
information the Board deems necessary in order to
effectively administer this Act and all rules,
regulations, orders and final decisions promulgated under
this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent
documents in accordance with the Illinois Administrative
Procedure Act, and to administer oaths and affirmations
to the witnesses, when, in the judgment of the Board, it
is necessary to administer or enforce this Act or the
Board rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board
may see fit and in compliance with applicable laws of the
State regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license, without notice or hearing upon
a determination that the safety or health of patrons or
employees is jeopardized by continuing a riverboat's
operation. The suspension may remain in effect until the
Board determines that the cause for suspension has been
abated. The Board may revoke the owners license upon a
determination that the owner has not made satisfactory
progress toward abating the hazard.
(12) To eject or exclude or authorize the ejection
or exclusion of, any person from riverboat gambling
facilities where such person is in violation of this Act,
rules and regulations thereunder, or final orders of the
Board, or where such person's conduct or reputation is
such that his presence within the riverboat gambling
facilities may, in the opinion of the Board, call into
question the honesty and integrity of the gambling
operations or interfere with orderly conduct thereof;
provided that the propriety of such ejection or exclusion
is subject to subsequent hearing by the Board.
(13) To require all licensees of gambling
operations to utilize a cashless wagering system whereby
all players' money is converted to tokens, electronic
cards, or chips which shall be used only for wagering in
the gambling establishment.
(14) To authorize the routes of a riverboat and the
stops which a riverboat may make.
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or
for engaging in a fraudulent practice, and to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 or an amount equal to the daily gross
receipts, whichever is larger, against licensees for each
violation of any provision of the Act, any rules adopted
by the Board, any order of the Board or any other action
which, in the Board's discretion, is a detriment or
impediment to riverboat gambling operations.
(16) To hire employees to gather information,
conduct investigations and carry out any other tasks
contemplated under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve
alcoholic liquors, wine or beer as defined in the Liquor
Control Act of 1934 on board a riverboat and to have
exclusive authority to establish the hours for sale and
consumption of alcoholic liquor on board a riverboat,
notwithstanding any provision of the Liquor Control Act
of 1934 or any local ordinance. The establishment of the
hours for sale and consumption of alcoholic liquor on
board a riverboat is an exclusive power and function of
the State. A home rule unit may not establish the hours
for sale and consumption of alcoholic liquor on board a
riverboat. This amendatory Act of 1991 is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of rivers in the event of
extreme weather conditions, acts of God or other extreme
circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and its rules and regulations
hereunder.
(21) To take any other action as may be reasonable
or appropriate to enforce this Act and rules and
regulations hereunder.
(d) The Board may seek and shall receive the cooperation
of the Department of State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Board in conformance with the
requirements of subsection 22 of Section 2605-400 55a of the
Department of State Police Law (20 ILCS 2605/2605-400) Civil
Administrative Code of Illinois.
(Source: P.A. 86-1029; 86-1389; 87-826.)
(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22. Criminal history record information. Whenever
the Board is authorized or required by law to consider some
aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities,
the Board shall, in the form and manner required by the
Department of State Police and the Federal Bureau of
Investigation, cause to be conducted a criminal history
record investigation to obtain any information currently or
thereafter contained in the files of the Department of State
Police or the Federal Bureau of Investigation. The
Department of State Police shall provide, on the Board's
request, information concerning any criminal charges, and
their disposition, currently or thereafter filed against an
applicant for or holder of an occupational license.
Information obtained as a result of an investigation under
this Section shall be used in determining eligibility for an
occupational license under Section 9. Upon request and
payment of fees in conformance with the requirements of
subsection 22 of Section 2605-400 55a of the Department of
State Police Law (20 ILCS 2605/2605-400) Civil Administrative
Code of Illinois, the Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 88-368.)
Section 5-460. The Liquor Control Act of 1934 is amended
by changing Sections 6-15 and 10-1 as follows:
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or
delivered in any building belonging to or under the control
of the State or any political subdivision thereof except as
provided in this Act. The corporate authorities of any city,
village, incorporated town or township may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging
to or under the control of the municipality or township, or
in any building located on land under the control of the
municipality; provided that such township complies with all
applicable local ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and sold at
any airport belonging to or under the control of a
municipality of more than 25,000 inhabitants, or in any
building owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course
owned by a forest preserve district organized under the
Downstate Forest Preserve District Act, subject to the
approval of the governing board of the district, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in
the community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium
and museums located in public parks: Art Institute of
Chicago, Chicago Academy of Sciences, Chicago Historical
Society, Field Museum of Natural History, Museum of Science
and Industry, DuSable Museum of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
Museum of Arts and Sciences in Peoria, or in connection with
the operation of the facilities of the Chicago Zoological
Society or the Chicago Horticultural Society on land owned by
the Forest Preserve District of Cook County, or in any
building located on land owned by the Chicago Park District
if approved by the Park District Commissioners, or on any
land used for a golf course or for recreational purposes and
owned by the Illinois International Port District if approved
by the District's governing board, or at any airport, golf
course, faculty center, or facility in which conference and
convention type activities take place belonging to or under
control of any State university or public community college
district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or
a public community college district, or members of an
organization of students, alumni, faculty or staff of the
State university or a public community college district are
active participants in the conference or convention, or by a
catering establishment which has rented facilities from a
board of trustees of a public community college district, or,
if approved by the District board, on land owned by the
Metropolitan Sanitary District of Greater Chicago and leased
to others for a term of at least 20 years. Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in premises located at
500 S. Racine in Chicago belonging to the University of
Illinois and used primarily as a grocery store by a
commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic liquor; and the sale of alcoholic liquor shall be
subject to all local laws and regulations. After the
acquisition by Winnebago County of the property located at
404 Elm Street in Rockford, a commercial tenant who sold
alcoholic liquor at retail on a portion of the property under
a valid license at the time of the acquisition may continue
to do so for so long as the tenant and the County may agree
under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum
insurance coverage limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in which conference and convention type
activities take place, park district, Forest Preserve
District, public community college district, aquarium,
museum, or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities in connection with
the operation of an established food serving facility during
times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided
that such delivery and sale is approved by the board of
trustees of the district, and provided further that such
delivery and sale is limited to fundraising events and to a
maximum of 6 events per year.
Alcoholic liquor may be delivered to and sold at retail
in the Dorchester Senior Business Center owned by the Village
of Dolton if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or
facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State from
all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to save harmless the
facility and the State from all financial loss, damage or
harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to hold harmless the
Civic Center, the City of Chicago and the State from all
financial loss, damage or harm; and
(v) all applicable local ordinances are complied
with.
Alcoholic liquors may be delivered or sold in any
building belonging to or under the control of any city,
village or incorporated town where more than 75% of the
physical properties of the building is used for commercial or
recreational purposes, and the building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on the shore of a navigable lake or stream.
Alcoholic liquor may be sold in buildings under the control
of the Department of Natural Resources when written consent
to the issuance of a license to sell alcoholic liquor in such
buildings is filed with the Commission by the Department of
Natural Resources. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of
a license to sell beer and wine in such premises is filed
with the local liquor commissioner by the Joliet Park
District. Beer and wine may be sold in buildings on the
grounds of State veterans' homes when written consent to the
issuance of a license to sell beer and wine in such buildings
is filed with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram shop liability
in maximum insurance coverage limits so as to save the
facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property
owned or held under lease by a Metropolitan Pier and
Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the
Forest Preserve District of Kane County, subject to the
control of the District Commissioners and applicable local
law, provided that dram shop liability insurance is provided
at maximum coverage limits so as to hold the District
harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the
sale or delivery of beer or wine at a city fair in any
otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Department of Natural Resources,
and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act,
alcoholic liquor sold by the State park or restaurant
concessionaire is not subject to the provisions of
Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Preservation
Agency provided:
a. the property has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Historic Preservation Agency, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with a population of less than
3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the
Springfield Administration Building of the Department of
Transportation and the Illinois State Armory in Springfield;
provided, that the controlling government authority may
consent to such sales only if
a. the request is from a not-for-profit
organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram
shop liability in maximum insurance coverage limits and
agrees to defend, save harmless and indemnify the State
of Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Historic Preservation Agency where the
delivery, sale or dispensing is by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from a controlling government
authority, or by (2) a not-for-profit organization provided
that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property
or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the
not-for-profit organization in the facility, property or
building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
The controlling government authority for the Historic
Preservation Agency shall be the Director of the Historic
Preservation Agency.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 405-315 67.24 of the Department of
Central Management Services Law (20 ILCS 405/405-315) Civil
Administrative Code of Illinois, provided that such tenant or
subtenant who sells or dispenses alcoholic liquors shall
procure and maintain dram shop liability insurance in maximum
coverage limits and in which the carrier agrees to defend,
indemnify and save harmless the State of Illinois from all
financial loss, damage or harm arising out of the sale or
dispensing of alcoholic liquors, or by (2) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Director of Central
Management Services, or by (3) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any
facility owned by the Illinois Sports Facilities Authority
provided that dram shop liability insurance has been made
available in a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not
prohibit that sale or delivery, notwithstanding any other
provision of this Section. The regulation of the sale and
delivery of alcoholic liquor in a building that is owned by
McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any
building situated on land held in trust for any school
district organized under Article 34 of the School Code, if
the building is not used for school purposes and if the sale
or delivery is approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the
building located at 1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville Area Special
Education District or the Belleville Area Special Services
Cooperative.
(Source: P.A. 89-34, eff. 6-23-95; 89-262, eff. 8-10-95;
89-376, eff. 8-18-95; 89-445, eff. 2-7-96; 89-502, eff.
6-28-96; 89-544, eff. 7-19-96; 89-626, eff. 8-9-96; 90-14,
eff. 7-1-97.)
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial
threat to the sound and careful control, regulation, and
taxation of the manufacture, sale, and distribution of
alcoholic liquors exists by virtue of individuals who
manufacture, import, distribute, or sell alcoholic liquors
within the State without having first obtained a valid
license to do so, and whereas such threat is especially
serious along the borders of this State, and whereas such
threat requires immediate correction by this Act, by active
investigation and prosecution by law enforcement officials
and prosecutors, and by prompt and strict enforcement through
the courts of this State to punish violators and to deter
such conduct in the future:
(a) Any person who manufactures, imports for
distribution or use, or distributes or sells alcoholic liquor
at any place within the State without having first obtained a
valid license to do so under the provisions of this Act shall
be guilty of a business offense and fined not more than
$1,000 for the first such offense and shall be guilty of a
Class 4 felony for each subsequent offense.
(b) (1) Any retailer, licensed in this State, who
knowingly causes to furnish, give, sell, or otherwise being
within the State, any alcoholic liquor destined to be used,
distributed, consumed or sold in another state, unless such
alcoholic liquor was received in this State by a duly
licensed distributor, or importing distributors shall have
his license suspended for 7 days for the first offense and
for the second offense, shall have his license revoked by the
Commission.
(2) In the event the Commission receives a certified
copy of a final order from a foreign jurisdiction that an
Illinois retail licensee has been found to have violated that
foreign jurisdiction's laws, rules, or regulations concerning
the importation of alcoholic liquor into that foreign
jurisdiction, the violation may be grounds for the Commission
to revoke, suspend, or refuse to issue or renew a license, to
impose a fine, or to take any additional action provided by
this Act with respect to the Illinois retail license or
licensee. Any such action on the part of the Commission
shall be in accordance with this Act and implementing rules.
For the purposes of paragraph (2): (i) "foreign
jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth
of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines
the rights of the parties respecting the subject matter of
the proceeding, that remains in full force and effect, and
from which no appeal can be taken.
(c) Any person who shall make any false statement or
otherwise violates any of the provisions of this Act in
obtaining any license hereunder, or who having obtained a
license hereunder shall violate any of the provisions of this
Act with respect to the manufacture, possession, distribution
or sale of alcoholic liquor, or with respect to the
maintenance of the licensed premises, or shall violate any
other provision of this Act, shall for a first offense be
guilty of a petty offense and fined not more than $500, and
for a second or subsequent offense shall be guilty of a Class
B misdemeanor.
(d) Each day any person engages in business as a
manufacturer, foreign importer, importing distributor,
distributor or retailer in violation of the provisions of
this Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the
purpose of buying, accepting or receiving alcoholic liquor
from a licensee, represents that he is 21 years of age or
over shall be guilty of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any
person licensed as a wine-maker in either class who
manufactures more wine than authorized by his license shall
be guilty of a business offense and shall be fined $1 for
each gallon so manufactured.
(g) A person shall be exempt from prosecution for a
violation of this Act if he is a peace officer in the
enforcement of the criminal laws and such activity is
approved in writing by one of the following:
(1) In all counties, the respective State's
Attorney;
(2) The Director of State Police under Section
2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or
2605-550 of the Department of State Police Law (20 ILCS
2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,
2605/2605-105, 2605/2605-110, 2605/2605-115,
2605/2605-120, 2605/2605-130, 2605/2605-140,
2605/2605-190, 2605/2605-200, 2605/2605-205,
2605/2605-210, 2605/2605-215, 2605/2605-250,
2605/2605-275, 2605/2605-300, 2605/2605-305,
2605/2605-315, 2605/2605-325, 2605/2605-335,
2605/2605-340, 2605/2605-350, 2605/2605-355,
2605/2605-360, 2605/2605-365, 2605/2605-375,
2605/2605-390, 2605/2605-400, 2605/2605-405,
2605/2605-420, 2605/2605-430, 2605/2605-435,
2605/2605-500, 2605/2605-525, or 2605/2605-550) Section
55a of The Civil Administrative Code of Illinois; or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 90-739, eff. 8-13-98.)
Section 5-465. The Personal Property Storage Act is
amended by changing Section 6 as follows:
(240 ILCS 10/6) (from Ch. 111 2/3, par. 124)
Sec. 6. Bond or legal liability insurance policy. Prior
to the issuance of a license, the personal property
warehouseman shall file with the Department a surety bond, or
legal liability insurance policy on a form prescribed by the
Department, signed by the warehouseman as principal and by a
responsible company authorized to execute surety bonds within
the State of Illinois. The bond shall contain provisions for
faithful performance by the applicant of his duties as a
warehouseman in accordance with this Act, the rules and
regulations thereof, and the "Uniform Commercial Code", as
now or hereafter amended. Such bond shall also contain
provisions for the payment of any loss or damage sustained by
any depositor of property stored.
The amount of such bond is determined upon the following
basis:
For less than 20,000 net square feet of floor space or
for less than 50,000 net cubic feet of volume devoted to the
storage of personal property, $5,000;
For 20,000 and less than 50,000 net square feet of floor
space or for 50,000 and less than 100,000 net cubic feet of
volume devoted to the storage of personal property, $10,000;
For 50,000 and less than 100,000 net square feet of floor
space or for 100,000 and less than 200,000 net cubic feet of
volume devoted to the storage of personal property, $15,000;
For 100,000 and less than 200,000 net square feet of
floor space or for 200,000 and less than 300,000 net cubic
feet of volume devoted to the storage of personal property,
$20,000;
For 200,000 and less than 300,000 net square feet of
floor space or for 300,000 and less than 400,000 net cubic
feet of volume devoted to the storage of personal property,
$25,000; and
For 300,000 or more net square feet of floor space or for
400,000 or more net cubic feet of volume devoted to the
storage of personal property, $25,000 plus an additional
$5,000 for each additional 100,000 net square feet, or net
cubic feet of volume, or fraction thereof.
Such bond is to be made payable to the People of the
State of Illinois, for the use and benefit of all persons
aggrieved by the failure of the operator to comply with this
Act, and shall not be cancelled during the period for which
any license is issued, except upon at least 90 days' notice,
in writing, to the Department.
If bond other than a surety bond is filed, it must be
secured by real estate having a value of not less than double
the amount of such bond over and above all exemptions and
liens thereon. Such bond shall be recorded and be a lien on
the real estate for the amount thereof, and the recording
fees paid by the applicant or operator.
Any operator may, in lieu of a bond, file with the
Department a certified copy of a legal liability insurance
policy or a certificate of deposit. The principal amount of
the legal liability insurance policy and the certificate of
deposit shall be the same as that required for a surety bond
under this Act. Any certificate of deposit filed with the
Department, in lieu of a surety bond, shall be payable to the
Director of the Department as Trustee and the interest
thereon shall be made payable to the purchaser thereof.
The legal liability insurance policy shall contain a loss
payable endorsement making such policy payable to the People
of the State of Illinois, with the Director of the Department
as Trustee. The legal liability insurance policy shall not
be cancelled during the period for which any license is
issued, except upon at least 90 days' notice in writing to
the Department. When in the discretion of the Department, the
legal liability insurance policy or the assets of a
warehouseman appear to be insufficient, when compared to his
storage obligations or to meet the bond requirements of the
United States, or any agency or corporation controlled by the
United States when they have a contract for storage with the
warehouseman, or for any other reason it may appear necessary
to the Department, the Department may require such additional
bond or legal liability insurance policy as may be reasonable
in the circumstances.
The Director of Agriculture as trustee of the bond or
policy shall have the authorities granted him in Section
205-410 40.23 of the Department of Agriculture Law (20 ILCS
205/205-410) Civil Administrative Code of Illinois and the
rules and regulations adopted pursuant thereto.
Failure to keep such bond or insurance policy in effect
is cause for the revocation of any license.
(Source: P.A. 83-1065.)
Section 5-470. The Grain Code is amended by changing
Sections 1-10, 1-15, and 20-25 as follows:
(240 ILCS 40/1-10)
Sec. 1-10. Definitions. As used in this Act:
"Board" means the governing body of the Illinois Grain
Insurance Corporation.
"Certificate" means a document, other than the license,
issued by the Department that certifies that a grain dealer's
license has been issued and is in effect.
"Claimant" means:
(a) a person, including, without limitation, a lender:
(1) who possesses warehouse receipts issued from an
Illinois location covering grain owned or stored by a
failed warehouseman; or
(2) who has other written evidence of a storage
obligation of a failed warehouseman issued from an
Illinois location in favor of the holder, including, but
not limited to, scale tickets, settlement sheets, and
ledger cards; or
(3) who has loaned money to a warehouseman and was
to receive a warehouse receipt issued from an Illinois
location as security for that loan, who surrendered
warehouse receipts as part of a grain sale at an Illinois
location, or who delivered grain out of storage with the
warehouseman as part of a grain sale at an Illinois
location; and
(i) the grain dealer or warehouseman failed
within 21 days after the loan of money, the
surrender of warehouse receipts, or the delivery of
grain, as the case may be, and no warehouse receipt
was issued or payment in full was not made on the
grain sale, as the case may be; or
(ii) written notice was given by the person to
the Department within 21 days after the loan of
money, the surrender of warehouse receipts, or the
delivery of grain, as the case may be, stating that
no warehouse receipt was issued or payment in full
made on the grain sale, as the case may be; or
(b) a producer not included in item (a)(3) in the
definition of "Claimant" who possesses evidence of the sale
at an Illinois location of grain delivered to a failed grain
dealer and who was not paid in full.
"Class I warehouseman" means a warehouseman who is
authorized to issue negotiable and non-negotiable warehouse
receipts.
"Class II warehouseman" means a warehouseman who is
authorized to issue only non-negotiable warehouse receipts.
"Code" means the Grain Code.
"Collateral" means:
(a) irrevocable letters of credit;
(b) certificates of deposit;
(c) cash or a cash equivalent; or
(d) any other property acceptable to the Department to
the extent there exists equity in that property. For the
purposes of this item (d), "equity" is the amount by which
the fair market value of the property exceeds the amount owed
to a creditor who has a valid, prior, perfected security
interest in or other lien on the property.
"Corporation" means the Illinois Grain Insurance
Corporation.
"Daily position record" means a grain inventory
accountability record maintained on a daily basis that
includes an accurate reflection of changes in grain
inventory, storage obligations, company-owned inventory by
commodity, and other information that is required by the
Department.
"Daily grain transaction report" means a record of the
daily transactions of a grain dealer showing the amount of
all grain received and shipped during each day and the amount
on hand at the end of each day.
"Date of delivery of grain" means:
(a) the date grain is delivered to a grain dealer for
the purpose of sale;
(b) the date grain is delivered to a warehouseman for
the purpose of storage; or
(c) in reference to grain in storage with a
warehouseman, the date a warehouse receipt representing
stored grain is delivered to the issuer of the warehouse
receipt for the purpose of selling the stored grain or, if no
warehouse receipt was issued:
(1) the date the purchase price for stored grain is
established; or
(2) if sold by price later contract, the date of
the price later contract.
"Department" means the Illinois Department of
Agriculture.
"Depositor" means a person who has evidence of a storage
obligation from a warehouseman.
"Director", unless otherwise provided, means the Illinois
Director of Agriculture, or the Director's designee.
"Emergency storage" means space measured in bushels and
used for a period of time not to exceed 3 months for storage
of grain as a consequence of an emergency situation.
"Equity assets" means:
(a) The equity in any property of the licensee or failed
licensee, other than grain assets. For purposes of this item
(a):
(1) "equity" is the amount by which the fair market
value of the property exceeds the amount owed to a
creditor who has a valid security interest in or other
lien on the property that was perfected before the date
of failure of the licensee;
(2) a creditor is not deemed to have a valid
security interest or other lien on property if (i) the
property can be directly traced as being from the sale of
grain by the licensee or failed licensee; (ii) the
security interest was taken as additional collateral on
account of an antecedent debt owed to the creditor; and
(iii) the security interest or other lien was perfected
(A) on or within 90 days before the date of failure of
the licensee or (B) when the creditor is a related
person, within one year of the date of failure of the
licensee.
"Failure" means, in reference to a licensee:
(a) a formal declaration of insolvency;
(b) a revocation of a license;
(c) a failure to apply for license renewal, leaving
indebtedness to claimants;
(d) a denial of license renewal, leaving indebtedness to
claimants; or
(e) a voluntary surrender of a license, leaving
indebtedness to claimants.
"Federal warehouseman" means a warehouseman licensed by
the United States government under the United States
Warehouse Act (7 U.S.C. 241 et seq.).
"Fund" means the Illinois Grain Insurance Fund.
"Grain" means corn, soybeans, wheat, oats, rye, barley,
grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
and other like agricultural commodities designated by rule.
"Grain assets" means:
(a) all grain owned and all grain stored by a licensee
or failed licensee, wherever located;
(b) redeposited grain of a licensee or failed licensee;
(c) identifiable proceeds including, but not limited to,
insurance proceeds received by or due to a licensee or failed
licensee resulting from the sale, exchange, destruction,
loss, theft, or other disposition of grain by the licensee or
failed licensee; or
(d) assets in hedging or speculative margin accounts
held by commodity or security exchanges on behalf of a
licensee or failed licensee and any moneys due or to become
due to a licensee or failed licensee, less any secured
financing directly associated with those assets or moneys,
from any transactions on those exchanges.
For purposes of this Act, storage charges, drying
charges, price later contract service charges, and other
grain service charges received by or due to a licensee or
failed licensee shall not be deemed to be grain assets, nor
shall such charges be deemed to be proceeds from the sale or
other disposition of grain by a licensee or a failed
licensee, or to have been directly or indirectly traceable
from, to have resulted from, or to have been derived in whole
or in part from, or otherwise related to, the sale or other
disposition of grain by the licensee or failed licensee.
"Grain dealer" means a person who is licensed by the
Department to engage in the business of buying grain from
producers.
"Grain Indemnity Trust Account" means a trust account
established by the Director under Section 205-410 40.23 of
the Department of Agriculture Law (20 ILCS 205/205-410) Civil
Administrative Code of Illinois that is used for the receipt
and disbursement of moneys paid from the Fund and proceeds
from the liquidation of and collection upon grain assets,
equity assets, collateral, or guarantees of or relating to
failed licensees. The Grain Indemnity Trust Account shall be
used to pay valid claims, authorized refunds from the Fund,
and expenses incurred in preserving, liquidating, and
collecting upon grain assets, equity assets, collateral, and
guarantees relating to failed licensees.
"Guarantor" means a person who assumes all or part of the
obligations of a licensee to claimants.
"Guarantee" means a document executed by a guarantor by
which the guarantor assumes all or part of the obligations of
a licensee to claimants.
"Incidental grain dealer" means a grain dealer who
purchases grain only in connection with a feed milling
operation and whose total purchases of grain from producers
during the grain dealer's fiscal year do not exceed $100,000.
"Licensed storage capacity" means the maximum grain
storage capacity measured in bushels approved by the
applicable licensing agency for use by a warehouseman.
"Licensee" means a grain dealer or warehouseman who is
licensed by the Department and a federal warehouseman that is
a participant in the Fund, under subsection (c) of Section
30-10.
"Official grain standards" means the official grade
designations as adopted by the United States Department of
Agriculture under the United States Grain Standards Act and
regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
CFR 810.201 et seq.).
"Permanent storage capacity" means the capacity of
permanent structures available for storage of grain on a
regular and continuous basis and measured in bushels.
"Person" means any individual or entity, including, but
not limited to, a sole proprietorship, a partnership, a
corporation, a cooperative, an association, a limited
liability company, an estate, or a trust.
"Price later contract" means a written contract for the
sale of grain whereby any part of the purchase price may be
established by the seller after delivery of the grain to a
grain dealer according to a pricing formula contained in the
contract. Title to the grain passes to the grain dealer at
the time of delivery. The precise form and the general terms
and conditions of the contract shall be established by rule.
"Producer" means the owner, tenant, or operator of land
who has an interest in and receives all or part of the
proceeds from the sale of the grain produced on the land.
"Producer protection holding corporation" means a holding
corporation to receive, hold title to, and liquidate assets
of or relating to a failed licensee, including assets in
reference to collateral or guarantees relating to a failed
licensee.
"Related persons" means affiliates of a licensee, key
persons of a licensee, owners of a licensee, and persons who
have control over a licensee. For the purposes of this
definition:
(a) "Affiliate" means a person who has direct or
indirect control of a licensee, is controlled by a
licensee, or is under common control with a licensee.
(b) "Key person" means an officer, a director, a
trustee, a partner, a proprietor, a manager, a managing
agent, or the spouse of a licensee. An officer or a
director of an entity organized or operating as a
cooperative, however, shall not be considered to be a
"key person".
(c) "Owner" means the holder of: over 10% of the
total combined voting power of a corporation or over 10%
of the total value of shares of all classes of stock of a
corporation; over a 10% interest in a partnership; over
10% of the value of a trust computed actuarially; or over
10% of the legal or beneficial interest in any other
business, association, endeavor, or entity that is a
licensee. For purposes of computing these percentages, a
holder is deemed to own stock or other interests in a
business entity whether the ownership is direct or
indirect.
(d) "Control" means the power to exercise authority
over or direct the management or policies of a business
entity.
(e) "Indirect" means an interest in a business held
by the holder not through the holder's actual holdings in
the business, but through the holder's holdings in other
businesses.
(f) Notwithstanding any other provision of this
Act, the term "related person" does not include a lender,
secured party, or other lien holder solely by reason of
the existence of the loan, security interest, or lien, or
solely by reason of the lender, secured party, or other
lien holder having or exercising any right or remedy
provided by law or by agreement with a licensee or a
failed licensee.
"Successor agreement" means an agreement by which a
licensee succeeds to the grain obligations of a former
licensee.
"Temporary storage space" means space measured in bushels
and used for 6 months or less for storage of grain on a
temporary basis due to a need for additional storage in
excess of permanent storage capacity.
"Trust account" means the Grain Indemnity Trust Account.
"Valid claim" means a claim, submitted by a claimant,
whose amount and category have been determined by the
Department, to the extent that determination is not subject
to further administrative review or appeal.
"Warehouse" means a building, structure, or enclosure in
which grain is stored for the public for compensation,
whether grain of different owners is commingled or whether
identity of different lots of grain is preserved.
"Warehouse receipt" means a receipt for the storage of
grain issued by a warehouseman.
"Warehouseman" means a person who is licensed:
(a) by the Department to engage in the business of
storing grain for compensation; or
(b) under the United States Warehouse Act who
participates in the Fund under subsection (c) of Section
30-10.
(Source: P.A. 89-287, eff. 1-1-96.)
(240 ILCS 40/1-15)
Sec. 1-15. Powers and duties of Director. The Director
has all powers necessary and proper to fully and effectively
execute the provisions of this Code and has the general duty
to implement this Code. The Director's powers and duties
include, but are not limited to, the following:
(1) The Director may, upon application, issue or refuse
to issue licenses under this Code, and the Director may
extend, renew, reinstate, suspend, revoke, or accept
voluntary surrender of licenses under this Code.
(2) The Director shall examine and inspect each licensee
at least once each calendar year. The Director may inspect
the premises used by a licensee at any time. The books,
accounts, records, and papers of a licensee are at all times
during business hours subject to inspection by the Director.
Each licensee may also be required to make reports of its
activities, obligations, and transactions that are deemed
necessary by the Director to determine whether the interests
of producers and the holders of warehouse receipts are
adequately protected and safeguarded. The Director may take
action or issue orders that in the opinion of the Director
are necessary to prevent fraud upon or discrimination against
producers or depositors by a licensee.
(3) The Director may, upon his or her initiative or upon
the written verified complaint of any person setting forth
facts that if proved would constitute grounds for a refusal
to issue or renew a license or for a suspension or revocation
of a license, investigate the actions of any person applying
for, holding, or claiming to hold a license or any related
party of that person.
(4) The Director (but not the Director's designee) may
issue subpoenas and bring before the Department any person
and take testimony either at an administrative hearing or by
deposition with witness fees and mileage fees and in the same
manner as prescribed in the Code of Civil Procedure. The
Director or the Director's designee may administer oaths to
witnesses at any proceeding that the Department is authorized
by law to conduct. The Director (but not the Director's
designee) may issue subpoenas duces tecum to command the
production of records relating to a licensee, guarantor,
related business, related person, or related party. Subpoenas
are subject to the rules of the Department.
(5) Notwithstanding other judicial remedies, the
Director may file a complaint and apply for a temporary
restraining order or preliminary or permanent injunction
restraining or enjoining any person from violating or
continuing to violate this Code or its rules.
(6) The Director shall act as Trustee for the Trust
Account, act as Trustee over all collateral, guarantees,
grain assets, and equity assets held by the Department for
the benefit of claimants, and exercise certain powers and
perform related duties under Section 20-5 of this Code and
Section 205-410 40.23 of the Department of Agriculture Law
(20 ILCS 205/205-410) Civil Administrative Code of Illinois,
except that the provisions of the Trust and Trustees Act do
not apply to the Trust Account or any other trust created
under this Code.
(7) The Director shall personally serve as president of
the Corporation.
(8) The Director shall collect and deposit all monetary
penalties and assessments authorized under this Code into the
Fund.
(9) The Director may initiate any action necessary to
pay refunds from the Fund.
(10) The Director shall maintain a holding corporation
to receive, hold title to, and liquidate assets of or
relating to a failed licensee, including assets in reference
to collateral or guarantees, and deposit the proceeds into
the Fund.
(11) The Director may initiate, participate in, or
withdraw from any proceedings to liquidate and collect upon
grain assets, equity assets, collateral, and guarantees
relating to a failed licensee, including, but not limited to,
all powers needed to carry out the provisions of Section
20-15.
(12) The Director, as Trustee or otherwise, may take any
action that may be reasonable or appropriate to enforce this
Code and its rules.
(Source: P.A. 89-287, eff. 1-1-96.)
(240 ILCS 40/20-25)
Sec. 20-25. Refusal of licensee to allow liquidation.
(a) If, after a failure, the failed licensee does not
transfer control of the grain assets to the Trustee, the
Director may, in conjunction with the authority granted in
this Code and in Section 205-410 40.23 of the Department of
Agriculture Law (20 ILCS 205/205-410) Civil Administrative
Code of Illinois, file a complaint and apply to a court of
competent jurisdiction for a temporary restraining order, a
preliminary injunction, or a permanent injunction to be
entered without bond to carry out the provisions of this
Code.
(b) If a party seeks relief from a court of competent
jurisdiction that would enjoin, restrain, stay, or otherwise
resist either (1) an administrative order of the Department
that suspends, revokes, or denies renewal of a license under
this Code or (2) an action brought by the Department relating
to liquidation of a licensee, the court shall require the
party requesting the relief to provide a bond as provided for
in the Code of Civil Procedure. The bond shall be in an
amount adequate to assure that all producers and depositors
will be paid while the licensee is operating following
suspension, revocation, or denial of renewal of a license
under the judicial relief for grain sold to or stored with
the licensee. The bond shall be in a minimum amount
sufficient to satisfy all existing grain obligations of the
licensee for grain purchased, sold, or stored. In setting
the amount of the bond, the court shall consider increasing
the amount of the bond based upon a consideration of other
factors, including, but not limited to, the total dollar
amount of grain purchased annually by the licensee and the
value of the storage obligations of the licensee.
(Source: P.A. 89-287, eff. 1-1-96; 89-626, eff. 8-9-96.)
Section 5-475. The Illinois Public Aid Code is amended by
changing Sections 11-9 and 12-1 as follows:
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
(Text of Section after amendment by P.A. 90-590)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles IV, V, VI, and VII shall be made available without
subpoena or formal notice to the officers of any court, to
all law enforcing agencies, and to such other persons or
agencies as from time to time may be authorized by any court.
In particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient
with respect to whom an arrest warrant is outstanding.
Information shall also be disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or audit
by the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 5-505 8 of the Departments of State
Government Law (20 ILCS 5/5-505) "The Civil Administrative
Code of Illinois", approved March 7, 1917, as amended.
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the extent
that they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
90-14, eff. 7-1-97; 90-590, eff. 1-1-00.)
(305 ILCS 5/12-1) (from Ch. 23, par. 12-1)
Sec. 12-1. Administration of Code; Illinois Department of
Public Aid.
(a) This Code shall be administered by the Department of
Human Services and the Illinois Department of Public Aid as
provided in the Department of Human Services Act.
(b) The Department of Public Aid shall be under the
supervision and direction of the Director of Public Aid, as
provided in Section 5-20 4 of the Departments of State
Government Law (20 ILCS 5/5-20) Civil Administrative Code of
Illinois. The Director shall be appointed pursuant to the
provisions of Section 5-605 12 and meet the qualifications of
Section 5-230 7.09 of that Law Code.
The Assistant Director of Public Aid, created by Section
5-165 5.13c of the Departments of State Government Law (20
ILCS 5/5-165) Civil Administrative Code of Illinois, shall be
appointed pursuant to the provisions of Section 5-605 12 of
that Law Code and shall meet the qualifications prescribed in
Section 5-230 of that Law 7.09 thereof.
The salaries of the Director and the Assistant Director
shall be those specified in Section 5-395 9.17 of the
Departments of State Government Law (20 ILCS 5/5-395) Civil
Administrative Code of Illinois.
The Illinois Department of Public Aid and the Director of
Public Aid shall comply with other provisions of the Civil
Administrative Code of Illinois which are generally
applicable to the several departments of the State Government
created by that Code.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 5-480. The Abused and Neglected Child Reporting
Act is amended by changing Section 7.4 as follows:
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of
receiving reports of suspected child abuse or neglect 24
hours a day, 7 days a week. Whenever the Department receives
a report alleging that a child is a truant as defined in
Section 26-2a of The School Code, as now or hereafter
amended, the Department shall notify the superintendent of
the school district in which the child resides and the
appropriate superintendent of the educational service region.
The notification to the appropriate officials by the
Department shall not be considered an allegation of abuse or
neglect under this Act.
(b) (1) The following procedures shall be followed
in the investigation of all reports of suspected abuse or
neglect of a child, except as provided in subsection (c)
of this Section.
(2) If it appears that the immediate safety or
well-being of a child is endangered, that the family may
flee or the child disappear, or that the facts otherwise
so warrant, the Child Protective Service Unit shall
commence an investigation immediately, regardless of the
time of day or night. In all other cases, investigation
shall be commenced within 24 hours of receipt of the
report. Upon receipt of a report, the Child Protective
Service Unit shall make an initial investigation and an
initial determination whether the report is a good faith
indication of alleged child abuse or neglect.
(3) If the Unit determines the report is a good
faith indication of alleged child abuse or neglect, then
a formal investigation shall commence and, pursuant to
Section 7.12 of this Act, may or may not result in an
indicated report. The formal investigation shall
include: direct contact with the subject or subjects of
the report as soon as possible after the report is
received; an evaluation of the environment of the child
named in the report and any other children in the same
environment; a determination of the risk to such children
if they continue to remain in the existing environments,
as well as a determination of the nature, extent and
cause of any condition enumerated in such report; the
name, age and condition of other children in the
environment; and an evaluation as to whether there would
be an immediate and urgent necessity to remove the child
from the environment if appropriate family preservation
services were provided. After seeing to the safety of
the child or children, the Department shall forthwith
notify the subjects of the report in writing, of the
existence of the report and their rights existing under
this Act in regard to amendment or expungement. To
fulfill the requirements of this Section, the Child
Protective Service Unit shall have the capability of
providing or arranging for comprehensive emergency
services to children and families at all times of the day
or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report
to be a good faith indication of alleged child abuse or
neglect that warrants a formal investigation by the Unit,
the Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to
have caused the abuse or neglect is employed or otherwise
engaged in an activity resulting in frequent contact with
children and the alleged abuse or neglect are in the
course of such employment or activity, then the
Department shall, except in investigations where the
Director determines that such notification would be
detrimental to the Department's investigation, inform the
appropriate supervisor or administrator of that
employment or activity that the Unit has commenced a
formal investigation pursuant to this Act, which may or
may not result in an indicated report. The Department
shall also notify the person being investigated, unless
the Director determines that such notification would be
detrimental to the Department's investigation.
(c) In an investigation of a report of suspected abuse
or neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to
minimize disruption of the school day. The school
employee accused of child abuse or neglect may have his
superior, his association or union representative and his
attorney present at any interview or meeting at which the
teacher or administrator is present. The accused school
employee shall be informed by a representative of the
Department, at any interview or meeting, of the accused
school employee's due process rights and of the steps in
the investigation process. The information shall include,
but need not necessarily be limited to the right, subject
to the approval of the Department, of the school employee
to confront the accuser, if the accuser is 14 years of
age or older, or the right to review the specific
allegations which gave rise to the investigation, and the
right to review all materials and evidence that have been
submitted to the Department in support of the allegation.
These due process rights shall also include the right of
the school employee to present countervailing evidence
regarding the accusations.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with
the employee's supervisor.
If the Unit determines that the report is a good
faith indication of potential child abuse or neglect, it
shall then commence a formal investigation under
paragraph (3) of subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective
Unit shall commence an investigation under paragraph (2)
of subsection (b) of this Section.
(d) If the Department has contact with an employer in
the course of its investigation, the Department shall notify
the employer, in writing, when a report is unfounded so that
any record of the investigation can be expunged from the
employee's personnel records. The Department shall also
notify the employee, in writing, that notification has been
sent to the employer informing the employer that the
Department's investigation has resulted in an unfounded
report.
(e) Upon request by the Department, the Department of
State Police and law enforcement agencies are authorized to
provide criminal history record information as defined in
the Illinois Uniform Conviction Information Act and
information maintained in the adjudicatory and dispositional
record system as defined in subdivision (A)19 of Section
2605-355 55a of the Department of State Police Law (20 ILCS
2605/2605-355) Civil Administrative Code of Illinois to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
request shall be in the form and manner required by the
Department of State Police. Any information obtained by the
Department of Children and Family Services under this Section
is confidential and may not be transmitted outside the
Department of Children and Family Services other than to a
court of competent jurisdiction or unless otherwise
authorized by law. Any employee of the Department of Children
and Family Services who transmits confidential information in
violation of this Section or causes the information to be
transmitted in violation of this Section is guilty of a Class
A misdemeanor unless the transmittal of the information is
authorized by this Section or otherwise authorized by law.
(Source: P.A. 87-400; 88-614, eff. 9-7-94.)
Section 5-490. The Mental Health Hispanic Interpreter Act
is amended by changing Section 1 as follows:
(405 ILCS 75/1) (from Ch. 91 1/2, par. 1751)
Sec. 1. Every State-operated mental health and
developmental disability facility where at least 1% of total
annual admissions for inpatient or outpatient care consists
of recipients of Hispanic descent shall provide a qualified
interpreter when such recipient lacks proficiency in the
English language to such an extent that communication with
facility staff for purposes of receiving care or treatment is
prevented. An interpreter shall be provided at any time such
a recipient is admitted to a State-operated facility or seeks
or receives care or treatment at such a facility. The
administrator of each State-operated facility may utilize
existing facility staff in complying with the requirements of
this Act. For purposes of this Act, "State-operated
facility" means a facility operated by a Department of State
government created under Section 5-15 3 of the Departments of
State Government Law (20 ILCS 5/5-15) Civil Administrative
Code of Illinois, or by a public university of this State.
(Source: P.A. 88-380.)
Section 5-495. The Illinois Rural/Downstate Health Act is
amended by changing Section 4 as follows:
(410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
Sec. 4. The Center shall have the authority:
(a) To assist rural communities and communities in
designated shortage areas by providing technical assistance
to community leaders in defining their specific health care
needs and identifying strategies to address those needs.
(b) To link rural communities and communities in
designated shortage areas with other units in the Department
or other State agencies which can assist in the solution of a
health care access problem.
(c) To maintain and disseminate information on
innovative health care strategies, either directly or
indirectly.
(d) To administer State or federal grant programs
relating to rural health or medically underserved areas
established by State or federal law for which funding has
been made available.
(e) To promote the development of primary care services
in rural areas and designated shortage areas. Subject to
available appropriations, the Department may annually award
grants of up to $300,000 each to enable the health services
in those areas to offer multi-service comprehensive
ambulatory care, thereby improving access to primary care
services. Grants may cover operational and facility
construction and renovation expenses, including but not
limited to the cost of personnel, medical supplies and
equipment, patient transportation, and health provider
recruitment. The Department shall prescribe by rule standards
and procedures for the provision of local matching funds in
relation to each grant application. Grants provided under
this paragraph (e) shall be in addition to support and
assistance provided under subsection (a) of Section 2310-200
55.53(a) of the Department of Public Health Powers and Duties
Law (20 ILCS 2310/2310-200) Civil Administrative Code of
Illinois. Eligible applicants shall include, but not be
limited to, community-based organizations, hospitals, local
health departments, and Community Health Centers as defined
in Section 4.1 of the Illinois Rural Health Act.
(f) To annually provide grants from available
appropriations to hospitals located in medically underserved
areas or health manpower shortage areas as defined by the
United States Department of Health and Human Services, whose
governing boards include significant representation of
consumers of hospital services residing in the area served by
the hospital, and which agree not to discriminate in any way
against any consumer of hospital services based upon the
consumer's source of payment for those services. Grants that
may be awarded under this paragraph (f) shall be limited to
$500,000 and shall not exceed 50% of the total project need
indicated in each application. Expenses covered by the grants
may include but are not limited to facility renovation,
equipment acquisition and maintenance, recruitment of health
personnel, diversification of services, and joint venture
arrangements.
(g) To establish a recruitment center which shall
actively recruit physicians and other health care
practitioners to participate in the program, maintain
contacts with participating practitioners, actively promote
health care professional practice in designated shortage
areas, assist in matching the skills of participating medical
students with the needs of community health centers in
designated shortage areas, and assist participating medical
students in locating in designated shortage areas.
(h) To assist communities in designated shortage areas
find alternative services or temporary health care providers
when existing health care providers are called into active
duty with the armed forces of the United States.
(i) To develop, in cooperation with the Illinois
Development Finance Authority, financing programs whose goals
and purposes shall be to provide moneys to carry out the
purpose of this Act, including, but not limited to, revenue
bond programs, revolving loan programs, equipment leasing
programs, and working cash programs. The Department may
transfer to the Illinois Development Finance Authority, into
an account outside of the State treasury, moneys in special
funds of the Department for the purposes of establishing
those programs. The disposition of any moneys so transferred
shall be determined by an interagency agreement.
(Source: P.A. 87-633; 88-535.)
Section 5-500. The Illinois Nuclear Safety Preparedness
Act is amended by changing Section 8 as follows:
(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
Sec. 8. (a) The Illinois Nuclear Safety Preparedness
Program shall consist of an assessment of the potential
nuclear accidents, their radiological consequences, and the
necessary protective actions required to mitigate the effects
of such accidents. It shall include, but not necessarily be
limited to:
(1) Development of a remote effluent monitoring
system capable of reliably detecting and quantifying
accidental radioactive releases from nuclear power plants
to the environment;
(2) Development of an environmental monitoring
program for nuclear facilities other than nuclear power
plants;
(3) Development of procedures for radiological
assessment and radiation exposure control for areas
surrounding each nuclear facility in Illinois;
(4) Radiological training of state and local
emergency response personnel in accordance with the
Department's responsibilities under the program;
(5) Participation in the development of accident
scenarios and in the exercising of fixed facility nuclear
emergency response plans;
(6) Development of mitigative emergency planning
standards including, but not limited to, standards
pertaining to evacuations, re-entry into evacuated areas,
contaminated foodstuffs and contaminated water supplies;
(7) Provision of specialized response equipment
necessary to accomplish this task;
(8) Implementation of the Boiler and Pressure
Vessel Safety program at nuclear steam-generating
facilities as mandated by subsection C of Section 2005-35
71 of the Department of Nuclear Safety Law (20 ILCS
2005/2005-35) Civil Administrative Code of Illinois;
(9) Development and implementation of a plan for
inspecting and escorting all shipments of spent nuclear
fuel, high-level radioactive waste, and transuranic waste
in Illinois; and
(10) Implementation of the program under the
Illinois Nuclear Facility Safety Act.
(b) The Department may incorporate data collected by the
operator of a nuclear facility into the Department's remote
monitoring system.
(c) The owners of each nuclear power reactor in Illinois
shall provide the Department all system status signals which
initiate Emergency Action Level Declarations, actuate
accident mitigation and provide mitigation verification as
directed by the Department. The Department shall designate
by rule those system status signals that must be provided.
Signals providing indication of operating power level shall
also be provided. The owners of the nuclear power reactors
shall, at their expense, ensure that valid signals will be
provided continuously 24 hours a day.
All such signals shall be provided in a manner and at a
frequency specified by the Department for incorporation into
and augmentation of the remote effluent monitoring system
specified in subsection (a) (1) of this Section. Provision
shall be made for assuring that such system status and power
level signals shall be available to the Department during
reactor operation as well as throughout accidents and
subsequent recovery operations.
For nuclear reactors with operating licenses issued by
the Nuclear Regulatory Commission prior to the effective date
of this amendatory Act, such system status and power level
signals shall be provided to the Department by March 1, 1985.
For reactors without such a license on the effective date of
this amendatory Act, such signals shall be provided to the
Department prior to commencing initial fuel load for such
reactor. Nuclear reactors receiving their operating license
after the effective date of this amendatory Act, but before
July 1, 1985, shall provide such system status and power
level signals to the Department by September 1, 1985.
(Source: P.A. 90-601, eff. 6-26-98.)
Section 5-505. The Fireworks Regulation Act of Illinois
is amended by changing Section 21 as follows:
(425 ILCS 30/21) (from Ch. 127 1/2, par. 121)
Sec. 21. The manner of conducting hearings provided for
in section 20 of this Act shall conform, as nearly as may be,
to the provisions governing hearings set forth in Sections
2105-100, 2105-105, 2105-110, 2105-115, 2105-120, and
2105-125 60-c to 60-h, inclusive, of "the Department of
Professional Regulation Law (20 ILCS 2105/2105-100,
2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120,
and 2105/2105-125) Civil Administrative Code of Illinois,"
approved March 7, 1917, as amended.
(Source: Laws 1949, p. 715.)
Section 5-510. The Firearm Owners Identification Card Act
is amended by changing Section 15a as follows:
(430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
Sec. 15a. When this amendatory Act enacted by the
Seventy-Sixth General Assembly takes effect the records of
the Department of Public Safety relating to the
administration of the Act amended shall be transferred to the
Department of State Police. All Firearm Owner's
Identification Cards issued by the Department of Public
Safety shall be valid for the period for which they were
issued unless revoked or seized in the manner provided in the
Act amended. The Department of State Police as the successor
to the Department of Public Safety shall have the rights,
powers and duties provided in, and be subject to the
provisions of Sections 5-95, 5-700, and 5-705 32, 33 and 34
of "the Departments of State Government Law (20 ILCS 5/5-95,
5/5-700, and 5/5-705) Civil Administrative Code of Illinois".
(Source: P.A. 84-25.)
Section 5-515. The Illinois Fertilizer Act of 1961 is
amended by changing Section 6a as follows:
(505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
Sec. 6a. The Department is hereby authorized to
establish a program and expend appropriations for a
fertilizer research and education program dealing with the
relationship of fertilizer use to soil management, soil
fertility, plant nutrition problems, and for research on
environmental concerns which may be related to fertilizer
usage; for the dissemination of the results of such research;
and for other designated activities including educational
programs to promote the correct and effective usage of
fertilizer materials.
To assist in the development and administration of the
fertilizer research and education program, the Director is
authorized to establish a Fertilizer Research and Education
Council consisting of 9 persons. This council shall be
comprised of 3 persons representing the fertilizer industry,
3 persons representing crop production, and 2 persons
representing the public at large. In the appointment of
persons to the council, the Director shall consult with
representative persons and recognized organizations in the
respective fields concerning such appointments. The Director
or his representative from the Department shall act as
chairman of the council. The Director shall call meetings
thereof from time to time or when requested by 3 or more
appointed members of the council.
The responsibilities of the Fertilizer Research and
Education Council are to:
(a) solicit research and education projects consistent
with the scope of the established fertilizer research and
education program;
(b) review and arrange for peer review of all research
proposals for scientific merit and methods, and review or
arrange for the review of all proposals for their merit,
objective, methods and procedures;
(c) evaluate the proposed budget for the projects and
make recommendations as necessary; and
(d) monitor the progress of projects and report at least
once each 6 months on each project's accomplishments to the
Director and Board of Agricultural Advisors.
The Fertilizer Research and Education Council shall at
least annually recommend projects to be approved and funded
including recommendations on continuation or cancellation of
authorized and ongoing projects to the Board of Agricultural
Advisors, which is created in Section 5-525 6.01 of the
Departments of State Government Law (20 ILCS 5/5-525) Civil
Administrative Code of Illinois. The Board of Agricultural
Advisors shall review the proposed projects and
recommendations of the Fertilizer Research and Education
Council and recommend to the Director what projects shall be
approved and their priority. In the case of authorized and
ongoing projects, the Board of Agricultural Advisors shall
recommend to the Director the continuation or cancellation of
such projects.
When the Director, the Board of Agricultural Advisors,
and the Fertilizer Research and Education Council approve a
project and subject to available appropriations, the Director
shall grant funds to the person originating the proposal.
(Source: P.A. 86-232.)
Section 5-520. The Illinois Highway Code is amended by
changing Section 4-101.15 as follows:
(605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
Sec. 4-101.15. The Department of Central Management
Services shall procure for or in behalf of each State highway
employee, without cost to him, public liability insurance
protecting him against any liability arising out of his
employment to the extent of the insurance policy limits not
exceeding $100,000 or include each such employee under a
self-insurance plan implemented under Section 405-105 64.1 of
the Department of Central Management Services Law (20 ILCS
405/405-105) Civil Administrative Code of Illinois.
(Source: P.A. 82-789.)
Section 5-525. The Illinois and Michigan Canal
Development Act is amended by changing Section 9 as follows:
(615 ILCS 45/9) (from Ch. 19, par. 37.19)
Sec. 9. The Department of Natural Resources, upon proper
application made thereto, is authorized, subject to the
approval of the Governor, to sell, transfer, or convey Canal
lands to any department or agency of the United States
Government or transfer jurisdiction and control over such
lands, pursuant to the provisions of Section 2705-550 49.12
of the Department of Transportation Law (20 ILCS
2705/2705-550) "Civil Administrative Code of Illinois" as
amended, to any department or agency of the State of Illinois
or convey to any political subdivision thereof, or any quasi
public board or agency having present or immediate future
need for said Canal land for public recreation, parks,
historic sites, or other projects of public nature upon such
terms as may be mutually agreed upon by the parties in
interest if such sale, transfer or conveyance is in
accordance with the master plan for the development and
management of the Canal. Said transfer, sale, or conveyance
shall contain such conditions and stipulations as the
Department may deem necessary to preserve the best interest
of the State of Illinois.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 5-530. The Illinois Vehicle Code is amended by
changing Sections 2-119 and 10-101 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall
be deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December
31, 1994, of the money collected for each certificate of
title, duplicate certificate of title and corrected
certificate of title, $0.50 shall be deposited into the Used
Tire Management Fund. Beginning January 1, 1990 and
concluding December 31, 1994, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $1.50 shall be deposited in
the Park and Conservation Fund. Beginning January 1, 1995,
of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $2 shall be deposited in the Park and Conservation
Fund. The moneys deposited in the Park and Conservation Fund
pursuant to this Section shall be used for the acquisition
and development of bike paths as provided for in Section
805-420 63a36 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420) Civil Administrative
Code of Illinois. Except as otherwise provided in this Code,
all remaining moneys collected for certificates of title, and
all moneys collected for filing of security interests, shall
be placed in the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section
6-118 shall be placed in the Driver Education Fund in the
State Treasury.
(d) Beginning January 1, 1999, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, 27% of each annual registration fee
for such vehicle and 27% of each semiannual registration fee
for such vehicle is deposited in the Cycle Rider Safety
Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA), $6 of the total fee for an
original or renewal CDL, and $6 of the total CDL instruction
permit fee when such permit is issued to any person holding a
valid Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act.
(g) All remaining moneys received by the Secretary of
State as registration fees or taxes or as payment of any
other fee, as provided in this Act, except fees received by
the Secretary under paragraph (7) of subsection (b) of
Section 5-101 and Section 5-109 of this Code, shall be
deposited in the Road Fund in the State Treasury. Moneys in
the Road Fund shall be used for the purposes provided in
Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special
fund to be known as the Secretary of State Special License
Plate Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of
State (i) to help defray plate manufacturing and plate
processing costs for the issuance and, when applicable,
renewal of any new or existing special registration plates
authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home
libraries.
On or before October 1, 1995, the Secretary of State
shall direct the State Comptroller and State Treasurer to
transfer any unexpended balance in the Special Environmental
License Plate Fund, the Special Korean War Veteran License
Plate Fund, and the Retired Congressional License Plate Fund
to the Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into
the Fund under paragraph (7) of subsection (b) of Section
5-101 and Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of State to administer
the Motor Vehicle Review Board, including without limitation
payment of compensation and all necessary expenses incurred
in administering the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the
State Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created
as a special fund in the State Treasury. Moneys deposited
into the Fund shall, subject to appropriation, be used by the
Office of the State Fire Marshal for construction of the
Illinois Fire Fighters' Memorial to be located at the State
Capitol grounds in Springfield, Illinois. Upon the
completion of the Memorial, the Office of the State Fire
Marshal shall certify to the State Treasurer that
construction of the Memorial has been completed.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff.
1-1-98; 90-622, eff. 1-1-99.)
(625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
Sec. 10-101. Insurance. (a) Any public entity or
corporation may insure against the liability imposed by law
and may insure persons who are legally entitled to recover
damages from owners and operators of uninsured motor vehicles
and hit-and-run motor vehicles because of bodily injury,
sickness or disease including death incurred while using a
motor vehicle of such public entity or corporation with any
insurance carrier duly authorized to transact business in
this State and the premium for such insurance shall be a
proper charge against the general fund or any applicable
special fund of such entity or corporation.
(b) Every employee of the State, who operates for
purposes of State business a vehicle not owned, leased or
controlled by the State shall procure insurance in the limit
of the amounts of liability not less than the amounts
required in Section 7-203 of this Act. The State may provide
such insurance for the benefit of, and without cost to, such
employees and may include such coverage in a plan of
self-insurance under Section 405-105 35.9 of "the Department
of Central Management Services Law (20 ILCS 405/405-105)
Civil Administrative Code of Illinois". The State may also
obtain uninsured or hit-and-run vehicle coverage, as defined
in Section 143a of the "Illinois Insurance Code". Any public
liability insurance furnished by the State under this
Section shall be under the policy or policies contracted for
or under a self-insurance plan implemented by the Department
of Central Management Services pursuant to Section 405-105
64.1 of "the Department of Central Management Services Law
(20 ILCS 405/405-105) Civil Administrative Code of Illinois",
the costs for procuring such insurance to be charged,
collected and received as provided in that Section 25-105
64.1.
(Source: P.A. 82-789.)
Section 5-535. The Criminal Code of 1961 is amended by
changing Section 32-2 as follows:
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury. (a) A person commits perjury when,
under oath or affirmation, in a proceeding or in any other
matter where by law such oath or affirmation is required, he
makes a false statement, material to the issue or point in
question, which he does not believe to be true.
(b) Proof of Falsity.
An indictment or information for perjury alleging that
the offender, under oath, has made contradictory statements,
material to the issue or point in question, in the same or in
different proceedings, where such oath or affirmation is
required, need not specify which statement is false. At the
trial, the prosecution need not establish which statement is
false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same
continuous trial, an admission by the offender in that same
continuous trial of the falsity of a contradictory statement
shall bar prosecution therefor under any provisions of this
Code.
(d) A person shall be exempt from prosecution under
subsection (a) of this Section if he is a peace officer who
uses a false or fictitious name in the enforcement of the
criminal laws, and such use is approved in writing as
provided in Section 10-1 of "The Liquor Control Act of 1934",
as amended, Section 5 of "An Act in relation to the use of an
assumed name in the conduct or transaction of business in
this State", approved July 17, 1941, as amended, or Section
2605-200 55a of the Department of State Police Law (20 ILCS
2605/2605-200) Civil Administrative Code of Illinois, as
amended. However, this exemption shall not apply to testimony
in judicial proceedings where the identity of the peace
officer is material to the issue, and he is ordered by the
court to disclose his identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 84-1308.)
Section 5-540. The Illinois Controlled Substances Act is
amended by changing Section 305 as follows:
(720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
Sec. 305. (a) Before denying, refusing renewal of,
suspending or revoking a registration, the Department of
Professional Regulation shall serve upon the applicant or
registrant, by registered mail at the address in the
application or registration or by any other means authorized
under the Civil Practice Law or Rules of the Illinois Supreme
Court for the service of summons or subpoenas, a notice of
hearing to determine why registration should not be denied,
refused renewal, suspended or revoked. The notice shall
contain a statement of the basis therefor and shall call upon
the applicant or registrant to appear before the Department
of Professional Regulation at a reasonable time and place.
These proceedings shall be conducted in accordance with
Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110,
2105-115, 2105-120, 2105-125, 2105-175, and 2105-325 60, 60a,
60b, 60c, 60d, 60e, 60f, 60g, and 60h of the Department of
Professional Regulation Law (20 ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110,
2105/2105-115, 2105/2105-120, 2105/2105-125, 2105/2105-175,
and 2105/2105-325) Civil Administrative Code of Illinois,
without regard to any criminal prosecution or other
proceeding. Except as authorized in subsection (c),
proceedings to refuse renewal or suspend or revoke
registration shall not abate the existing registration, which
shall remain in effect until the Department of Professional
Regulation has held the hearing called for in the notice and
found, with input from the appropriate licensure or
disciplinary board, that the registration shall no longer
remain in effect.
(b) The Director may appoint an attorney duly licensed
to practice law in the State of Illinois to serve as the
hearing officer in any action to deny, refuse to renew,
suspend, or revoke, or take any other disciplinary action
with regard to a registration. The hearing officer shall
have full authority to conduct the hearing. The hearing
officer shall report his or her findings and recommendations
to the appropriate licensure or disciplinary board within 30
days after receiving the record. The Disciplinary Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of
fact, conclusions of law, and recommendations to the
Director.
(c) If the Department of Professional Regulation finds
that there is an imminent danger to the public health or
safety by the continued manufacture, distribution or
dispensing of controlled substances by the registrant, the
Department of Professional Regulation may, upon the issuance
of a written ruling stating the reasons for such finding and
without notice or hearing, suspend such registrant. The
suspension shall continue in effect for not more than 14 days
during which time the registrant shall be given a hearing on
the issues involved in the suspension. If after the hearing,
and after input from the appropriate licensure or
disciplinary board, the Department of Professional Regulation
finds that the public health or safety requires the
suspension to remain in effect it shall so remain until the
ruling is terminated by its own terms or subsequent ruling or
is dissolved by a circuit court upon determination that the
suspension was wholly without basis in fact and law.
(d) If, after a hearing as provided in subsection (a),
the Department of Professional Regulation finds that a
registration should be refused renewal, suspended or revoked,
a written ruling to that effect shall be entered. The
Department of Professional Regulation's ruling shall remain
in effect until the ruling is terminated by its own terms or
subsequent ruling or is dissolved by a circuit court upon a
determination that the refusal to renew suspension or
revocation was wholly without basis in fact and law.
(Source: P.A. 88-142.)
Section 5-545. The Unified Code of Corrections is amended
by changing Sections 3-2-2, 3-5-3, and 3-11-1 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts
of this State for care, custody, treatment and
rehabilitation.
(b) To develop and maintain reception and
evaluation units for purposes of analyzing the custody
and rehabilitation needs of persons committed to it and
to assign such persons to institutions and programs under
its control or transfer them to other appropriate
agencies. In consultation with the Department of
Alcoholism and Substance Abuse (now the Department of
Human Services), the Department of Corrections shall
develop a master plan for the screening and evaluation of
persons committed to its custody who have alcohol or drug
abuse problems, and for making appropriate treatment
available to such persons; the Department shall report to
the General Assembly on such plan not later than April 1,
1987. The maintenance and implementation of such plan
shall be contingent upon the availability of funds.
(b-5) To develop, in consultation with the
Department of State Police, a program for tracking and
evaluating each inmate from commitment through release
for recording his or her gang affiliations, activities,
or ranks.
(c) To maintain and administer all State
correctional institutions and facilities under its
control and to establish new ones as needed. Pursuant to
its power to establish new institutions and facilities,
the Department may, with the written approval of the
Governor, authorize the Department of Central Management
Services to enter into an agreement of the type described
in subsection (d) of Section 405-300 67.02 of the
Department of Central Management Services Law (20 ILCS
405/405-300) Civil Administrative Code of Illinois. The
Department shall designate those institutions which shall
constitute the State Penitentiary System.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds
used to finance the project, but not to exceed 40 years.
The lease may grant to the State the option to purchase
the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a
bid by a constitutional majority of both houses of the
General Assembly, pursuant to joint resolution, the
Department of Central Management Services may enter into
an agreement with the county or municipality pursuant to
such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the
counties as established by the Department to defray the
costs of housing each minor in a center. In this
subsection (c-5), "juvenile detention center" means a
facility to house minors during pendency of trial who
have been transferred from proceedings under the Juvenile
Court Act of 1987 to prosecutions under the criminal laws
of this State in accordance with Section 5-805 of the
Juvenile Court Act of 1987, whether the transfer was by
operation of law or permissive under that Section. The
Department shall designate the counties to be served by
each regional juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(e) To establish a system of supervision and
guidance of committed persons in the community.
(f) To establish in cooperation with the Department
of Transportation to supply a sufficient number of
prisoners for use by the Department of Transportation to
clean up the trash and garbage along State, county,
township, or municipal highways as designated by the
Department of Transportation. The Department of
Corrections, at the request of the Department of
Transportation, shall furnish such prisoners at least
annually for a period to be agreed upon between the
Director of Corrections and the Director of
Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson,
or a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program.
The prisoners shall remain as prisoners in the custody of
the Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it
and to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses
and the production of writings and papers, and may
examine under oath any witnesses who may appear before
it; to also investigate alleged violations of a parolee's
or releasee's conditions of parole or release; and for
this purpose it may issue subpoenas and compel the
attendance of witnesses and the production of documents
only if there is reason to believe that such procedures
would provide evidence that such violations have
occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The
failure to comply with the order of the court issued in
response thereto shall be punishable as contempt of
court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to
investigate the alleged misconduct of committed persons
or employees or alleged violations of a parolee's or
releasee's conditions of parole shall be conservators of
the peace for those purposes, and shall have the full
power of peace officers outside of the facilities of the
Department in the protection, arrest, retaking and
reconfining of committed persons or where the exercise of
such power is necessary to the investigation of such
misconduct or violations.
(j) To cooperate with other departments and
agencies and with local communities for the development
of standards and programs for better correctional
services in this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the
committed persons, institutions and programs of the
Department.
(l-5) In a confidential annual report to the
Governor, the Department shall identify all inmate gangs
by specifying each current gang's name, population and
allied gangs. The Department shall further specify the
number of top leaders identified by the Department for
each gang during the past year, and the measures taken by
the Department to segregate each leader from his or her
gang and allied gangs. The Department shall further
report the current status of leaders identified and
segregated in previous years. All leaders described in
the report shall be identified by inmate number or other
designation to enable tracking, auditing, and
verification without revealing the names of the leaders.
Because this report contains law enforcement intelligence
information collected by the Department, the report is
confidential and not subject to public disclosure.
(m) To make all rules and regulations and exercise
all powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of good conduct credits,
established in accordance with Section 3-6-3, subject to
review by the Prisoner Review Board.
(o) To administer the distribution of funds from
the State Treasury to reimburse counties where State
penal institutions are located for the payment of
assistant state's attorneys' salaries under Section
4-2001 of the Counties Code.
(p) To exchange information with the Department of
Human Services and the Illinois Department of Public Aid
for the purpose of verifying living arrangements and for
other purposes directly connected with the administration
of this Code and the Illinois Public Aid Code.
(q) To establish a diversion program.
The program shall provide a structured environment
for selected technical parole or mandatory supervised
release violators and committed persons who have violated
the rules governing their conduct while in work release.
This program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and
board at the facility on a sliding-scale basis
according to the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any
other court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and
alcohol screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) To enter into intergovernmental cooperation
agreements under which minors adjudicated delinquent and
committed to the Department of Corrections, Juvenile
Division, may participate in a county juvenile impact
incarceration program established under Section 3-6039 of
the Counties Code.
(r-10) To systematically and routinely identify
with respect to each streetgang active within the
correctional system: (1) each active gang; (2) every
existing inter-gang affiliation or alliance; and (3) the
current leaders in each gang. The Department shall
promptly segregate leaders from inmates who belong to
their gangs and allied gangs. "Segregate" means no
physical contact and, to the extent possible under the
conditions and space available at the correctional
facility, prohibition of visual and sound communication.
For the purposes of this paragraph (r-10), "leaders"
means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within
the streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security
institution, in order to manage and supervise inmates who
are disruptive or dangerous and provide for the safety
and security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by
mail, telephone, or other means, between an inmate who,
before commitment to the Department, was a member of an
organized gang and any other person without the need to
show cause or satisfy any other requirement of law before
beginning the monitoring, except as constitutionally
required. The monitoring may be by video, voice, or other
method of recording or by any other means. As used in
this subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by
any privilege recognized by law or by decision, rule, or
order of the Illinois Supreme Court.
(u) To establish a Women's and Children's
Pre-release Community Supervision Program for the purpose
of providing housing and services to eligible female
inmates, as determined by the Department, and their
newborn and young children.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
90-658, eff. 1-1-99; revised 9-16-98.)
(730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
Sec. 3-5-3. Annual and other Reports. (a) The Director
shall make an annual report to the Governor under Section
5-650 25 of the Departments of State Government Law (20 ILCS
5/5-650) Civil Administrative Code of Illinois, concerning
the state and condition of all persons committed to the
Department, its institutions, facilities and programs, of all
moneys expended and received, and on what accounts expended
and received. The report may also include an abstract of all
reports made to the Department by individual institutions,
facilities or programs during the preceding year.
(b) The Director shall make an annual report to the
Governor and to the State Legislature on any inadequacies in
the institutions, facilities or programs of the Department
and also such amendments to the laws of the State which in
his judgment are necessary in order to best advance the
purposes of this Code.
(c) The Director may require such reports from division
administrators, chief administrative officers and other
personnel as he deems necessary for the administration of the
Department.
(d) The Department of Corrections shall, by January 1,
1990, January 1, 1991, and every 2 years thereafter, transmit
to the Governor and the General Assembly a 5 year long range
planning document for adult female offenders under the
Department's supervision. The document shall detail how the
Department plans to meet the housing, educational/training,
Correctional Industries and programming needs of the
escalating adult female offender population.
(Source: P.A. 86-1001.)
(730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
Sec. 3-11-1. Furloughs. (a) The Department may extend
the limits of the place of confinement of a committed person
under prescribed conditions, so that he may leave such place
on a furlough. Whether or not such person is to be
accompanied on furlough shall be determined by the chief
administrative officer. The Department may make an
appropriate charge for the necessary expenses of accompanying
a person on furlough. Such furloughs may be granted for a
period of time not to exceed 14 days, for any of the
following purposes:
(1) to visit a spouse, child (including a stepchild or
adopted child), parent (including a stepparent or foster
parent), grandparent (including stepgrandparent) or brother
or sister who is seriously ill or to attend the funeral of
any such person; or
(2) to obtain medical, psychiatric or psychological
services when adequate services are not otherwise available;
or
(3) to make contacts for employment; or
(4) to secure a residence upon release on parole or
discharge; or
(5) to visit such person's family; or
(6) to appear before various educational panels, study
groups, educational units, and other groups whose purpose is
obtaining an understanding of the results, causes and
prevention of crime and criminality, including appearances on
television and radio programs.
(b) Furloughs may be granted for any period of time
under paragraph 13 of Section 2605-525 55a of the Department
of State Police Law (20 ILCS 2605/2605-525) Civil
Administrative Code of Illinois.
(c) In any case where the person furloughed is not to be
accompanied on furlough, the Department of Corrections shall
give prior notice of the intended furlough to the State's
Attorney of the county from which the offender was sentenced
originally, the State's Attorney of the county where the
furlough is to occur, and to the Sheriff of the county where
the furlough is to occur. Said prior notice is to be in
writing except in situations where the reason for the
furlough is of such an emergency nature that previous written
notice would not be possible. In such cases, oral notice of
the furlough shall occur.
(Source: P.A. 86-820.)
Section 5-550. The Illinois Human Rights Act is amended
by changing Section 7-105 as follows:
(775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
Sec. 7-105. Equal Employment Opportunities; Affirmative
Action. In order to establish and effectuate the policies of
equal employment opportunity and affirmative action, the
Department shall, with respect to state executive
departments, boards, commissions and instrumentalities and
any party to a public contract:
(A) Policies; Rules; Regulations. Establish equal
employment opportunity and affirmative action policies, rules
and regulations which specify plans, programs and reporting
procedures. Such rules may provide for exemptions or
modifications as may be necessary to assure the continuity of
federal requirements in State agencies supported in whole or
in part by federal funds.
(B) Minimum Compliance Criteria. Establish minimum
compliance criteria and procedures for evaluating equal
employment opportunity and affirmative action programs and
plans.
(C) Technical Assistance. Provide technical assistance,
training, and advice for the establishment and implementation
of required programs.
(D) Meetings. Hold meetings at least annually with the
head of each State agency and when necessary with any party
to a public contract to:
(1) Review equal employment opportunity plans and
progress, performance and problems in meeting equal
opportunity goals.
(2) Recommend appropriate changes to the plans and
procedures and the methods employed to implement the
plans.
(E) Report. Include within its annual report, filed
pursuant to Section 5-650 25 of the Departments of State
Government Law (20 ILCS 5/5-650) Civil Administrative Code,
the progress, performance, and problems of meeting equal
opportunity goals, and the identity of any State agency which
fails to comply with the requirements of this Act and the
circumstances surrounding such violation.
(F) Personnel Operations. Periodically review personnel
operations of State agencies to assure their conformity with
this Act and the agency's plan.
(G) Equal Employment Opportunity Officers. Approve the
appointment of equal employment opportunity officers hired
pursuant to subparagraph (4) of paragraph (B) of Section
2-105.
(H) Enforcement. Require State agencies which fail to
meet their affirmative action and equal employment
opportunity goals by equal employment opportunity category to
establish necessary training programs for preparation and
promotion of the category of individuals affected by the
failure. An agency required to establish training programs
under this subsection shall do so in cooperation with the
Department of Central Management Services as provided in
Section 405-125 67.31 of the Department of Central Management
Services Law (20 ILCS 405/405-125) Civil Administrative Code
of Illinois.
The Department by rule or regulation shall provide for
the implementation of this subsection. Such rules or
regulations shall prescribe but not be limited to the
following:
(1) the circumstances and conditions which
constitute an agency's failure to meet its affirmative
action and equal employment opportunity goals;
(2) the time period for measuring success or
failure in reaching affirmative action and equal
employment opportunity goals; and
(3) that training programs shall be limited to
State employees.
This subsection shall not be construed to conflict with
any contract between the State and any party which is
approved and ratified by or on September 11, 1990.
(Source: P.A. 86-1411; 86-1475.)
Section 5-555. The Assumed Business Name Act is amended
by changing Section 5 as follows:
(805 ILCS 405/5) (from Ch. 96, par. 8)
Sec. 5. Any person or persons carrying on, conducting or
transacting business as aforesaid, who shall fail to comply
with the provisions of this Act, shall be guilty of a Class C
misdemeanor, and each day any person or persons conducts
business in violation of this Act shall be deemed a separate
offense.
A person shall be exempt from prosecution for a violation
of this Act if he is a peace officer who uses a false or
fictitious business name in the enforcement of the criminal
laws; provided such use is approved in writing by one of the
following:
(a) In all counties, the respective State's Attorney;
(b) The Director of State Police under Section 2605-200
55a of the Department of State Police Law (20 ILCS
2605/2605-200) Civil Administrative Code of Illinois; or
(c) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 84-25.)
Section 5-560. The Uniform Commercial Code is amended by
changing Section 1-104a as follows:
(810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a)
Sec. 1-104a. Legislative Intent. If any provision of this
Act conflicts with Section 205-410 40.23 of the Department of
Agriculture Law (20 ILCS 205/205-410) Civil Administrative
Code of Illinois, the provisions of that Section 205-410
40.23 of the Civil Administrative Code of Illinois control.
If any provision of this Act conflicts with the Grain Code,
the provisions of the Grain Code control.
(Source: P.A. 89-287, eff. 1-1-96.)
Section 5-565. The Employee Arbitration Act is amended by
changing Section 4 as follows:
(820 ILCS 35/4) (from Ch. 10, par. 22)
Sec. 4. Upon receipt of the application, and after such
notice, the Department shall proceed as before provided. The
decision, in the discretion of the Director of Labor, may be
published in the annual report to be made to the Governor on
or before the first day of December of each year, as required
by Section 5-650 25 of "the Departments of State Government
Law (20 ILCS 5/5-650) Civil Administrative Code of Illinois",
approved March 17, 1917, as amended.
(Source: Laws 1951, p. 447.)
Section 5-575. The Unemployment Insurance Act is amended
by changing Sections 243 and 1511 as follows:
(820 ILCS 405/243) (from Ch. 48, par. 353)
Sec. 243. "Board of Review" means the Board of Review
created by Section 5-125 5 of "the Departments of State
Government Law (20 ILCS 5/5-125) Civil Administrative Code of
Illinois," approved March 7, 1917, as amended.
(Source: Laws 1951, p. 32.)
(820 ILCS 405/1511) (from Ch. 48, par. 581)
Sec. 1511. Study of experience rating. The Employment
Security Advisory Board, created by Section 5-540 6.28 of the
Departments of State Government Law (20 ILCS 5/5-540) Civil
Administrative Code of Illinois, is hereby authorized and
directed to study and examine the present provisions of this
Act providing for experience rating, in order to determine
whether the rates of contribution will operate to replenish
the amount of benefits paid and to determine the effect of
experience rating upon labor and industry in this State.
The Board shall submit its findings and recommendations
based thereon to the General Assembly. The Board may employ
such experts and assistants as may be necessary to carry out
the provisions of this Section. All expenses incurred in the
making of this study, including the preparation and
submission of its findings and recommendations, shall be paid
in the same manner as is provided for the payment of costs of
administration of this Act.
(Source: P.A. 90-372, eff. 7-1-98.)
ARTICLE 10. REPEALS
(20 ILCS 605/46.20 rep.)
Section 10-5. The Civil Administrative Code of Illinois
is amended by repealing Section 46.20.
ARTICLE 95. NO ACCELERATION OR DELAY
Section 95-5. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
ARTICLE 98. DISPOSITION AND DERIVATION TABLES
Section 98-1. Explanation. This Article is included
only for informational purposes to show the following:
(1) How Sections of the Civil Administrative Code of
Illinois as amended through Public Act 90-795 and revised
by the Legislative Reference Bureau through October 28,
1998 are disposed of into that Code as renumbered and
rearranged by this Act.
(2) How Sections of the Civil Administrative Code of
Illinois as renumbered and rearranged by this Act are
derived from that Code as amended through Public Act
90-795 and revised by the Legislative Reference Bureau
through October 28, 1998.
This Article is repealed on the effective date of this
Act.
Section 98-5. Disposition table.
OLD AS CODIFIED BY THIS ACT
5 ILCS 620/42...................... 5 ILCS 620/250-5
15 ILCS 20/38...................... 15 ILCS 20/50-5
15 ILCS 20/38.1.................... 15 ILCS 20/50-10
15 ILCS 20/38.2.................... 15 ILCS 20/50-15
15 ILCS 20/38.3.................... 15 ILCS 20/50-20
20 ILCS 5/1........................ 20 ILCS 5/1-1
20 ILCS 5/2........................ 20 ILCS 5/5-5
20 ILCS 5/2.1...................... 20 ILCS 5/5-10
20 ILCS 5/3........................ 20 ILCS 5/5-15
20 ILCS 5/4........................ 20 ILCS 5/5-20
20 ILCS 5/5........................ 20 ILCS 5/5-100
20 ILCS 5/5.01a.................... 20 ILCS 5/5-190
20 ILCS 5/5.02..................... 20 ILCS 5/5-110
20 ILCS 5/5.03..................... 20 ILCS 5/5-145
20 ILCS 5/5.04..................... 20 ILCS 5/5-155
20 ILCS 5/5.05..................... 20 ILCS 5/5-185
20 ILCS 5/5.07..................... 20 ILCS 5/5-170
20 ILCS 5/5.09..................... 20 ILCS 5/5-150
20 ILCS 5/5.10..................... 20 ILCS 5/5-140
20 ILCS 5/5.11..................... 20 ILCS 5/5-180
20 ILCS 5/5.12..................... 20 ILCS 5/5-175
20 ILCS 5/5.13b.................... 20 ILCS 5/5-130
20 ILCS 5/5.13c.................... 20 ILCS 5/5-165
20 ILCS 5/5.13e.................... 20 ILCS 5/5-115
20 ILCS 5/5.13g.................... 20 ILCS 5/5-120
20 ILCS 5/5.13h.................... 20 ILCS 5/5-160
20 ILCS 5/5.13i.................... 20 ILCS 5/5-125
20 ILCS 5/5.13j.................... 20 ILCS 5/5-135
20 ILCS 5/5.14..................... 20 ILCS 5/5-105
20 ILCS 5/6........................ 20 ILCS 5/5-500
20 ILCS 5/6.01..................... 20 ILCS 5/5-525
20 ILCS 5/6.01a.................... 20 ILCS 5/5-530
20 ILCS 5/6.02..................... 20 ILCS 5/5-555
20 ILCS 5/6.02a.................... 20 ILCS 5/5-570
20 ILCS 5/6.04..................... 20 ILCS 5/5-545
20 ILCS 5/6.06..................... 20 ILCS 5/5-565
20 ILCS 5/6.08..................... 20 ILCS 5/5-560
20 ILCS 5/6.15..................... 20 ILCS 5/5-535
20 ILCS 5/6.23..................... 20 ILCS 5/5-550
20 ILCS 5/6.27..................... 20 ILCS 5/5-520
20 ILCS 5/6.28..................... 20 ILCS 5/5-540
20 ILCS 5/7.01..................... 20 ILCS 5/5-540
20 ILCS 5/7.03..................... 20 ILCS 5/5-235
20 ILCS 5/7.04..................... 20 ILCS 5/5-225
20 ILCS 5/7.04a.................... 20 ILCS 5/5-570
20 ILCS 5/7.06..................... 20 ILCS 5/5-215
20 ILCS 5/7.07b.................... 20 ILCS 5/5-220
20 ILCS 5/7.08..................... 20 ILCS 5/5-210
20 ILCS 5/7.09..................... 20 ILCS 5/5-230
20 ILCS 5/7.11..................... 20 ILCS 5/5-200
20 ILCS 5/8........................ 20 ILCS 5/5-505
20 ILCS 5/8.1...................... 20 ILCS 5/5-510
20 ILCS 5/9........................ 20 ILCS 5/5-300
20 ILCS 5/9.01..................... 20 ILCS 5/5-305
20 ILCS 5/9.02..................... 20 ILCS 5/5-315
20 ILCS 5/9.03..................... 20 ILCS 5/5-365
20 ILCS 5/9.04..................... 20 ILCS 5/5-380
20 ILCS 5/9.05..................... 20 ILCS 5/5-415
20 ILCS 5/9.05a.................... 20 ILCS 5/5-355
20 ILCS 5/9.07..................... 20 ILCS 5/5-400
20 ILCS 5/9.08..................... 20 ILCS 5/5-390
20 ILCS 5/9.09..................... 20 ILCS 5/5-375
20 ILCS 5/9.10..................... 20 ILCS 5/5-360
20 ILCS 5/9.11..................... 20 ILCS 5/5-410
20 ILCS 5/9.11a.................... 20 ILCS 5/5-335
20 ILCS 5/9.12..................... 20 ILCS 5/5-405
20 ILCS 5/9.15..................... 20 ILCS 5/5-345
20 ILCS 5/9.16..................... 20 ILCS 5/5-325
20 ILCS 5/9.17..................... 20 ILCS 5/5-395
20 ILCS 5/9.18..................... 20 ILCS 5/5-330
20 ILCS 5/9.19..................... 20 ILCS 5/5-320
20 ILCS 5/9.21..................... 20 ILCS 5/5-310
20 ILCS 5/9.22..................... 20 ILCS 5/5-420
20 ILCS 5/9.24..................... 20 ILCS 5/5-350
20 ILCS 5/9.25..................... 20 ILCS 5/5-385
20 ILCS 5/9.29..................... 20 ILCS 310/310-5
20 ILCS 5/9.30..................... 20 ILCS 5/5-340
20 ILCS 5/9.31..................... 20 ILCS 5/5-370
20 ILCS 5/10....................... 20 ILCS 5/5-515
20 ILCS 5/11....................... 20 ILCS 5/5-600
20 ILCS 5/12....................... 20 ILCS 5/5-605
20 ILCS 5/13....................... 20 ILCS 5/5-610
20 ILCS 5/14....................... 20 ILCS 5/5-615
20 ILCS 5/15....................... 20 ILCS 5/5-620
20 ILCS 5/16....................... 20 ILCS 5/5-625
20 ILCS 5/17....................... 20 ILCS 5/5-630
20 ILCS 5/18....................... 20 ILCS 5/5-635
20 ILCS 5/19....................... 20 ILCS 5/5-640
20 ILCS 5/20....................... 20 ILCS 5/5-645
20 ILCS 5/25....................... 20 ILCS 5/5-650
20 ILCS 5/26....................... 20 ILCS 5/5-655
20 ILCS 5/29....................... rep. 7-1-98, P.A. 90-572
20 ILCS 5/30....................... rep. 7-1-98, P.A. 90-572
20 ILCS 5/31....................... 20 ILCS 5/5-660
20 ILCS 5/32....................... 20 ILCS 5/5-700
20 ILCS 5/33....................... 20 ILCS 5/5-705
20 ILCS 5/34....................... 20 ILCS 5/5-95
20 ILCS 5/34.1..................... 20 ILCS 405/405-400
20 ILCS 5/34.2..................... 20 ILCS 1005/1005-150
20 ILCS 5/51....................... 20 ILCS 5/5-675
20 ILCS 110/69..................... 20 ILCS 110/110-5
20 ILCS 205/40..................... 20 ILCS 205/205-10
20 ILCS 205/40.4................... 20 ILCS 205/205-300
20 ILCS 205/40.6................... 20 ILCS 205/205-345
20 ILCS 205/40.7................... 20 ILCS 205/205-15
20 ILCS 205/40.7a.................. 20 ILCS 205/205-20
20 ILCS 205/40.7b.................. 20 ILCS 205/205-27
20 ILCS 205/40.8................... 20 ILCS 205/205-15
20 ILCS 205/40.9................... 20 ILCS 205/205-30
20 ILCS 205/40.10.................. 20 ILCS 205/205-35
20 ILCS 205/40.11.................. 20 ILCS 205/205-100
20 ILCS 205/40.12.................. 20 ILCS 205/205-305
20 ILCS 205/40.13.................. 20 ILCS 205/205-205
20 ILCS 205/40.14.................. 20 ILCS 205/205-25
20 ILCS 205/40.15.................. 20 ILCS 205/205-420
20 ILCS 205/40.16.................. 20 ILCS 205/205-200
20 ILCS 205/40.17.................. 20 ILCS 205/205-315
20 ILCS 205/40.18.................. 20 ILCS 205/205-320
20 ILCS 205/40.19.................. 20 ILCS 205/205-325
20 ILCS 205/40.20.................. 20 ILCS 205/205-400
20 ILCS 205/40.21.................. 20 ILCS 205/205-335
20 ILCS 205/40.22.................. 20 ILCS 205/205-405
20 ILCS 205/40.23.................. 20 ILCS 205/205-410
20 ILCS 205/40.24.................. 20 ILCS 205/205-105
20 ILCS 205/40.25.................. 20 ILCS 205/205-350
20 ILCS 205/40.26.................. 20 ILCS 205/205-355
20 ILCS 205/40.27.................. 20 ILCS 205/205-55
20 ILCS 205/40.28.................. 20 ILCS 205/205-110
20 ILCS 205/40.31.................. 20 ILCS 205/205-40
20 ILCS 205/40.32.................. 20 ILCS 205/205-330
20 ILCS 205/40.33.................. 20 ILCS 205/205-310
20 ILCS 205/40.34.................. 20 ILCS 205/205-430
20 ILCS 205/40.35.................. 20 ILCS 205/205-60
20 ILCS 205/40.36.................. 20 ILCS 205/205-45
20 ILCS 205/40.37.................. 20 ILCS 205/205-425
20 ILCS 205/40.38.................. 20 ILCS 205/205-115
20 ILCS 205/40.39.................. 20 ILCS 205/205-340
20 ILCS 205/40.40.................. 20 ILCS 205/205-50
20 ILCS 205/40.42.................. 20 ILCS 205/205-415
20 ILCS 405/35.2................... 20 ILCS 405/405-5
20 ILCS 405/35.3................... 20 ILCS 405/405-10
20 ILCS 405/35.4................... 20 ILCS 405/405-15
20 ILCS 405/35.7................... 20 ILCS 405/405-20
20 ILCS 405/35.7a.................. 20 ILCS 405/405-250
20 ILCS 405/35.7b.................. rep. 7-1-98, P.A. 90-572
20 ILCS 405/35.7c.................. 20 ILCS 405/405-260
20 ILCS 405/35.8................... 20 ILCS 405/405-255
20 ILCS 405/35.9................... 20 ILCS 405/405-220
20 ILCS 405/64..................... 20 ILCS 405/405-100
20 ILCS 405/64.1................... 20 ILCS 405/405-105
20 ILCS 405/64.2................... 20 ILCS 405/405-110
20 ILCS 405/64.3................... 20 ILCS 405/405-115
20 ILCS 405/67..................... 20 ILCS 405/405-200
20 ILCS 405/67.01.................. rep. 7-1-98, P.A. 90-572
20 ILCS 405/67.02.................. 20 ILCS 405/405-300
20 ILCS 405/67.04.................. rep. 7-1-98, P.A. 90-572
20 ILCS 405/67.05.................. 20 ILCS 405/405-240
20 ILCS 405/67.06.................. 20 ILCS 405/405-305
20 ILCS 405/67.07.................. 20 ILCS 405/405-310
20 ILCS 405/67.08.................. 20 ILCS 405/405-265
20 ILCS 405/67.09.................. 20 ILCS 405/405-225
20 ILCS 405/67.15.................. 20 ILCS 405/405-280
20 ILCS 405/67.16.................. 20 ILCS 405/405-285
20 ILCS 405/67.18.................. 20 ILCS 405/405-270
20 ILCS 405/67.20.................. 20 ILCS 405/405-30
20 ILCS 405/67.21.................. 20 ILCS 405/405-210
20 ILCS 405/67.22.................. 20 ILCS 405/405-215
20 ILCS 405/67.23.................. 20 ILCS 405/405-230
20 ILCS 405/67.24.................. 20 ILCS 405/405-315
20 ILCS 405/67.25.................. 20 ILCS 405/405-320
20 ILCS 405/67.26.................. 20 ILCS 405/405-325
20 ILCS 405/67.27.................. 20 ILCS 405/405-190
20 ILCS 405/67.28.................. 20 ILCS 405/405-130
20 ILCS 405/67.29.................. 20 ILCS 405/405-120
20 ILCS 405/67.30.................. 20 ILCS 405/405-295
20 ILCS 405/67.31.................. 20 ILCS 405/405-125
20 ILCS 405/67.32.................. 20 ILCS 405/405-290
20 ILCS 405/67.33.................. 20 ILCS 405/405-275
20 ILCS 405/67.34.................. 20 ILCS 405/405-25
20 ILCS 405/67.35.................. 20 ILCS 405/405-500
20 ILCS 510/65..................... 20 ILCS 510/510-10
20 ILCS 510/65.1................... 20 ILCS 510/510-15
20 ILCS 510/65.2................... 20 ILCS 510/510-200
20 ILCS 510/65.3................... 20 ILCS 510/510-95
20 ILCS 510/65.4................... 20 ILCS 510/510-20
20 ILCS 510/65.5................... 20 ILCS 510/510-25
20 ILCS 510/65.6................... 20 ILCS 510/510-30
20 ILCS 510/65.7................... 20 ILCS 510/510-35
20 ILCS 510/65.8................... 20 ILCS 510/510-100
20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-5
20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-10
20 ILCS 605/46.2................... 20 ILCS 605/605-300
20 ILCS 605/46.3................... 20 ILCS 605/605-310
20 ILCS 605/46.4................... 20 ILCS 605/605-330
20 ILCS 605/46.4a.................. 20 ILCS 605/605-335
20 ILCS 605/46.5................... 20 ILCS 605/605-320
20 ILCS 605/46.5a.................. 20 ILCS 605/605-405
20 ILCS 605/46.6................... 20 ILCS 605/605-700
20 ILCS 605/46.6a.................. 20 ILCS 605/605-705
20 ILCS 605/46.6b.................. 20 ILCS 605/605-900
20 ILCS 605/46.6c.................. 20 ILCS 605/605-710
20 ILCS 605/46.7................... 20 ILCS 605/605-200
20 ILCS 605/46.9................... 20 ILCS 605/605-210
20 ILCS 605/46.10.................. 20 ILCS 605/605-490
20 ILCS 605/46.11.................. 20 ILCS 605/605-85
20 ILCS 605/46.12.................. 20 ILCS 605/605-350
20 ILCS 605/46.13.................. 20 ILCS 605/605-500
20 ILCS 605/46.13a................. 20 ILCS 605/605-515
20 ILCS 605/46.14.................. 20 ILCS 605/605-610
20 ILCS 605/46.15.................. 20 ILCS 605/605-505
20 ILCS 605/46.16.................. 20 ILCS 605/605-720
20 ILCS 605/46.17.................. 20 ILCS 605/605-315
20 ILCS 605/46.19.................. 20 ILCS 605/605-495
20 ILCS 605/46.19a, subsec. (1).... 20 ILCS 605/605-800
20 ILCS 605/46.19a, subsec. (2).... 20 ILCS 605/605-355
20 ILCS 605/46.19a, subsec. (3).... 20 ILCS 605/605-360
20 ILCS 605/46.19a, subsec. (4).... 20 ILCS 605/605-365
20 ILCS 605/46.19a, subsec. (5).... 20 ILCS 605/605-805
20 ILCS 605/46.19a, subsec. (6).... 20 ILCS 605/605-810
20 ILCS 605/46.19a, subsec. (7).... 20 ILCS 605/605-815
20 ILCS 605/46.19c................. 20 ILCS 605/605-400
20 ILCS 605/46.19d................. 20 ILCS 605/605-410
20 ILCS 605/46.19e................. 20 ILCS 605/605-615
20 ILCS 605/46.19f................. 20 ILCS 605/605-600
20 ILCS 605/46.19g................. 20 ILCS 605/605-450
20 ILCS 605/46.19h................. 20 ILCS 605/605-510
20 ILCS 605/46.19i................. 20 ILCS 605/605-325
20 ILCS 605/46.19j................. 20 ILCS 605/605-415
20 ILCS 605/46.20.................. repealed
20 ILCS 605/46.21.................. 20 ILCS 605/605-55
20 ILCS 605/46.22.................. 20 ILCS 605/605-15
20 ILCS 605/46.24.................. 20 ILCS 605/605-620
20 ILCS 605/46.25.................. 20 ILCS 605/605-625
20 ILCS 605/46.26.................. 20 ILCS 605/605-630
20 ILCS 605/46.27.................. 20 ILCS 605/605-930
20 ILCS 605/46.28.................. 20 ILCS 605/605-370
20 ILCS 605/46.29.................. 20 ILCS 605/605-20
20 ILCS 605/46.30a................. 20 ILCS 605/605-25
20 ILCS 605/46.32.................. 20 ILCS 605/605-935
20 ILCS 605/46.32a, subsec. (a).... 20 ILCS 605/605-850
20 ILCS 605/46.32a, subsec. (b).... 20 ILCS 605/605-855
20 ILCS 605/46.32a, subsec. (c).... 20 ILCS 605/605-860
20 ILCS 605/46.33.................. 20 ILCS 605/605-100
20 ILCS 605/46.34.................. 20 ILCS 605/605-110
20 ILCS 605/46.35.................. 20 ILCS 605/605-105
20 ILCS 605/46.36.................. 20 ILCS 605/605-115
20 ILCS 605/46.37.................. 20 ILCS 605/605-940
20 ILCS 605/46.37a................. 20 ILCS 605/605-990
20 ILCS 605/46.38.................. 20 ILCS 605/605-945
20 ILCS 605/46.38a................. 20 ILCS 605/605-950
20 ILCS 605/46.39.................. 20 ILCS 605/605-205
20 ILCS 605/46.40.................. 20 ILCS 605/605-995
20 ILCS 605/46.41.................. 20 ILCS 605/605-30
20 ILCS 605/46.41b................. 20 ILCS 605/605-905
20 ILCS 605/46.42.................. 20 ILCS 605/605-95
20 ILCS 605/46.43.................. 20 ILCS 605/605-35
20 ILCS 605/46.44.................. 20 ILCS 605/605-305
20 ILCS 605/46.45.................. 20 ILCS 605/605-915
20 ILCS 605/46.47.................. 20 ILCS 605/605-920
20 ILCS 605/46.48.................. 20 ILCS 605/605-925
20 ILCS 605/46.49.................. 20 ILCS 605/605-820
20 ILCS 605/46.50.................. rep. 7-1-98, P.A. 90-372
20 ILCS 605/46.51.................. 20 ILCS 605/605-50
20 ILCS 605/46.52.................. 20 ILCS 605/605-65
20 ILCS 605/46.53.................. 20 ILCS 605/605-75
20 ILCS 605/46.54.................. 20 ILCS 605/605-340
20 ILCS 605/46.55.................. 20 ILCS 605/605-525
20 ILCS 605/46.56.................. 20 ILCS 605/605-910
20 ILCS 605/46.57.................. 20 ILCS 605/605-605
20 ILCS 605/46.58.................. 20 ILCS 605/605-375
20 ILCS 605/46.59.................. 20 ILCS 605/605-715
20 ILCS 605/46.60.................. 20 ILCS 605/605-380
20 ILCS 605/46.62.................. 20 ILCS 605/605-385
20 ILCS 605/46.63.................. 20 ILCS 605/605-520
20 ILCS 605/46.65.................. 20 ILCS 605/605-825
20 ILCS 605/46.66.................. 20 ILCS 605/605-675
20 ILCS 605/46.67.................. 20 ILCS 605/605-345
20 ILCS 605/46.68.................. 20 ILCS 605/605-875
20 ILCS 605/46.69.................. 20 ILCS 605/605-575
20 ILCS 605/47.2................... 20 ILCS 605/605-40
20 ILCS 605/47.3................... 20 ILCS 605/605-328
20 ILCS 805/63a.................... 20 ILCS 805/805-10
20 ILCS 805/63a1................... 20 ILCS 805/805-100
20 ILCS 805/63a2................... 20 ILCS 805/805-105
20 ILCS 805/63a3................... 20 ILCS 805/805-110
20 ILCS 805/63a4................... 20 ILCS 805/805-115
20 ILCS 805/63a5................... 20 ILCS 805/805-120
20 ILCS 805/63a6................... 20 ILCS 805/805-235
20 ILCS 805/63a7................... 20 ILCS 805/805-260
20 ILCS 805/63a8................... 20 ILCS 805/805-130
20 ILCS 805/63a9................... 20 ILCS 805/805-530
20 ILCS 805/63a10.................. 20 ILCS 805/805-255
20 ILCS 805/63a11.................. 20 ILCS 805/805-520
20 ILCS 805/63a12.................. 20 ILCS 805/805-500
20 ILCS 805/63a13.................. 20 ILCS 805/805-510
20 ILCS 805/63a13-1................ 20 ILCS 805/805-200
20 ILCS 805/63a14.................. 20 ILCS 805/805-330
20 ILCS 805/63a15.................. 20 ILCS 805/805-525
20 ILCS 805/63a17.................. 20 ILCS 805/805-215
20 ILCS 805/63a18.................. 20 ILCS 805/805-230
20 ILCS 805/63a19.................. 20 ILCS 805/805-225
20 ILCS 805/63a20.................. 20 ILCS 805/805-250
20 ILCS 805/63a21.................. 20 ILCS 805/805-300
20 ILCS 805/63a21.1................ 20 ILCS 805/805-335
20 ILCS 805/63a21.2................ 20 ILCS 805/805-315
20 ILCS 805/63a21.3................ 20 ILCS 805/805-320
20 ILCS 805/63a22.................. 20 ILCS 805/805-400
20 ILCS 805/63a23.................. 20 ILCS 805/805-305
20 ILCS 805/63a24.................. 20 ILCS 805/805-310
20 ILCS 805/63a25.................. 20 ILCS 805/805-325
20 ILCS 805/63a26.................. 20 ILCS 805/805-270
20 ILCS 805/63a27.................. 20 ILCS 805/805-275
20 ILCS 805/63a28.................. 20 ILCS 805/805-515
20 ILCS 805/63a29.................. 20 ILCS 805/805-205
20 ILCS 805/63a30.................. 20 ILCS 805/805-405
20 ILCS 805/63a31.................. 20 ILCS 805/805-505
20 ILCS 805/63a32.................. 20 ILCS 805/805-410
20 ILCS 805/63a33.................. 20 ILCS 805/805-210
20 ILCS 805/63a34.................. 20 ILCS 805/805-220
20 ILCS 805/63a35.................. rep. 7-1-98, P.A. 90-372
20 ILCS 805/63a36.................. 20 ILCS 805/805-420
20 ILCS 805/63a37.................. 20 ILCS 805/805-15
20 ILCS 805/63a38.................. 20 ILCS 805/805-30
20 ILCS 805/63a39.................. 20 ILCS 805/805-265
20 ILCS 805/63a40.................. 20 ILCS 805/805-35
20 ILCS 805/63a41.................. 20 ILCS 805/805-40
20 ILCS 805/63b.................... 20 ILCS 805/805-240
20 ILCS 805/63b1................... 20 ILCS 805/805-125
20 ILCS 805/63b1.2................. 20 ILCS 805/805-80
20 ILCS 805/63b2.1................. 20 ILCS 805/805-245
20 ILCS 805/63b2.2................. 20 ILCS 805/805-535
20 ILCS 805/63b2.3................. 20 ILCS 805/805-425
20 ILCS 805/63b2.4................. 20 ILCS 805/805-430
20 ILCS 805/63b2.5................. 20 ILCS 805/805-435
20 ILCS 805/63b2.6................. 20 ILCS 805/805-540
20 ILCS 805/63b2.7................. rep. 7-1-98, P.A. 90-372
20 ILCS 805/63b2.8................. 20 ILCS 805/805-25
20 ILCS 805/63b2.9................. 20 ILCS 805/805-70
20 ILCS 1005/43a................... 20 ILCS 1005/1005-10
20 ILCS 1005/43a.01................ 20 ILCS 1005/1005-100
20 ILCS 1005/43a.02................ 20 ILCS 1005/1005-15
20 ILCS 1005/43a.03................ 20 ILCS 1005/1005-30
20 ILCS 1005/43a.04................ 20 ILCS 1005/1005-20
20 ILCS 1005/43a.05................ 20 ILCS 1005/1005-25
20 ILCS 1005/43a.06................ 20 ILCS 1005/1005-45
20 ILCS 1005/43a.07................ 20 ILCS 1005/1005-35
20 ILCS 1005/43a.08................ 20 ILCS 1005/1005-40
20 ILCS 1005/43a.09................ 20 ILCS 1005/1005-105
20 ILCS 1005/43a.10................ 20 ILCS 1005/1005-115
20 ILCS 1005/43a.11................ 20 ILCS 1005/1005-50
20 ILCS 1005/43a.12................ 20 ILCS 1005/1005-75
20 ILCS 1005/43a.13................ 20 ILCS 1005/1005-120
20 ILCS 1005/43a.14................ 20 ILCS 1005/1005-130
20 ILCS 1005/44a................... 20 ILCS 1005/1005-110
20 ILCS 1405/56.................... 20 ILCS 1405/1405-5
20 ILCS 1405/56.1.................. 20 ILCS 1405/1405-10
20 ILCS 1405/56.2.................. 20 ILCS 1405/1405-15
20 ILCS 1505/43.................... 20 ILCS 1505/1505-10
20 ILCS 1505/43.01................. rep. 7-1-98, P.A. 90-372
20 ILCS 1505/43.03................. rep. 7-1-98, P.A. 90-372
20 ILCS 1505/43.04................. rep. 7-1-98, P.A. 90-372
20 ILCS 1505/43.05................. rep. 7-1-98, P.A. 90-372
20 ILCS 1505/43.07................. 20 ILCS 1505/1505-15
20 ILCS 1505/43.08................. 20 ILCS 1505/1505-30
20 ILCS 1505/43.09................. 20 ILCS 1505/1505-25
20 ILCS 1505/43.10................. 20 ILCS 1505/1505-35
20 ILCS 1505/43.12................. 20 ILCS 1505/1505-40
20 ILCS 1505/43.13................. 20 ILCS 1505/1505-20
20 ILCS 1505/43.15a................ 20 ILCS 1505/1505-45
20 ILCS 1505/43.16................. 20 ILCS 1505/1505-50
20 ILCS 1505/43.17................. 20 ILCS 1505/1505-120
20 ILCS 1505/43.19................. rep. 7-1-98, P.A. 90-372
20 ILCS 1505/43.20................. 20 ILCS 1505/1505-150
20 ILCS 1505/43.21................. 20 ILCS 1505/1505-200
20 ILCS 1710/53, subsec. (a),
in part............................ 20 ILCS 1710/1710-10
20 ILCS 1710/53, subdiv. (a)1...... 20 ILCS 1710/1710-15
20 ILCS 1710/53, subdiv. (a)2...... 20 ILCS 1710/1710-20
20 ILCS 1710/53, subdiv. (a)3...... 20 ILCS 1710/1710-25
20 ILCS 1710/53, subdiv. (a)4...... 20 ILCS 1710/1710-20
20 ILCS 1710/53, subdiv. (a)5...... 20 ILCS 1710/1710-50
20 ILCS 1710/53, subsec. (b)....... 20 ILCS 1710/1710-75
20 ILCS 1710/53a................... 20 ILCS 1710/1710-30
20 ILCS 1710/53d................... 20 ILCS 1710/1710-100
20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-10
20 ILCS 1905/45, par. 1............ 20 ILCS 1905/1905-15
20 ILCS 1905/45, par. 2............ 20 ILCS 1905/1905-20
20 ILCS 1905/45, par. 3............ 20 ILCS 1905/1905-25
20 ILCS 1905/45, par. 4............ 20 ILCS 1905/1905-30
20 ILCS 1905/45, par. 5............ 20 ILCS 1905/1905-45
20 ILCS 1905/45, par. 6............ 20 ILCS 1905/1905-200
20 ILCS 1905/45, par. 7............ 20 ILCS 1905/1905-50,
subsec. (a)
20 ILCS 1905/45, par. 8............ 20 ILCS 1905/1905-50,
subsec. (b)
20 ILCS 1905/45, par. 9............ 20 ILCS 1905/1905-100
20 ILCS 1905/45, par. 10........... 20 ILCS 1905/1905-40
20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-150
20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-90
20 ILCS 1905/45.1.................. 20 ILCS 1905/1905-110
20 ILCS 1905/45.2.................. 20 ILCS 1905/1905-105
20 ILCS 1905/46.................... 20 ILCS 1905/1905-75
20 ILCS 1905/47.................... 20 ILCS 1905/1905-35
20 ILCS 2005/71, subsec. A......... 20 ILCS 2005/2005-10
20 ILCS 2005/71, subsec. B......... 20 ILCS 2005/2005-15
20 ILCS 2005/71, subsec. C......... 20 ILCS 2005/2005-35
20 ILCS 2005/71, subsec. D......... 20 ILCS 2005/2005-40
20 ILCS 2005/71, subsec. E......... 20 ILCS 2005/2005-25
20 ILCS 2005/71, subsec. F......... 20 ILCS 2005/2005-65
20 ILCS 2005/71, subsec. G......... 20 ILCS 2005/2005-70
20 ILCS 2005/71, subsec. H......... 20 ILCS 2005/2005-20
20 ILCS 2005/71, subsec. I......... 20 ILCS 2005/2005-75
20 ILCS 2005/71, subsec. J......... 20 ILCS 2005/2005-50
20 ILCS 2005/71, subsec. K......... 20 ILCS 2005/2005-45
20 ILCS 2005/71, subsec. L......... 20 ILCS 2005/2005-55
20 ILCS 2005/71, subsec. M......... 20 ILCS 2005/2005-60
20 ILCS 2005/71, subsec. N......... 20 ILCS 2005/2005-80
20 ILCS 2005/71, subsec. O......... 20 ILCS 2005/2005-85
20 ILCS 2005/72.................... 20 ILCS 2005/2005-30
20 ILCS 2105/60.................... 20 ILCS 2105/2105-15
20 ILCS 2105/60.01................. 20 ILCS 2105/2105-25
20 ILCS 2105/60.1.................. 20 ILCS 2105/2105-200
20 ILCS 2105/60.2.................. 20 ILCS 2105/2105-210
20 ILCS 2105/60.3.................. 20 ILCS 2105/2105-205
20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-175
20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-325
20 ILCS 2105/60b................... 20 ILCS 2105/2105-5
20 ILCS 2105/60c................... 20 ILCS 2105/2105-100
20 ILCS 2105/60d................... 20 ILCS 2105/2105-105
20 ILCS 2105/60e................... 20 ILCS 2105/2105-110
20 ILCS 2105/60f................... 20 ILCS 2105/2105-115
20 ILCS 2105/60g................... 20 ILCS 2105/2105-120
20 ILCS 2105/60h................... 20 ILCS 2105/2105-125
20 ILCS 2105/60m................... 20 ILCS 2105/2105-150
20 ILCS 2105/60n................... 20 ILCS 2105/2105-155
20 ILCS 2105/61.................... 20 ILCS 2105/2105-40
20 ILCS 2105/61a................... 20 ILCS 2105/2105-215
20 ILCS 2105/61b................... 20 ILCS 2105/2105-220
20 ILCS 2105/61c................... 20 ILCS 2105/2105-55
20 ILCS 2105/61d................... 20 ILCS 2105/2105-10
20 ILCS 2105/61e................... 20 ILCS 2105/2105-300
20 ILCS 2105/61f (formerly 110 ILCS
355/62.1; revised 10-28-98)........ 20 ILCS 2105/2105-75
20 ILCS 2205/48a................... 20 ILCS 2205/2205-5
20 ILCS 2205/48b................... 20 ILCS 2205/2205-10
20 ILCS 2310/55.................... 20 ILCS 2310/2310-10
20 ILCS 2310/55.02................. 20 ILCS 2310/2310-15
20 ILCS 2310/55.04................. 20 ILCS 2310/2310-530
20 ILCS 2310/55.05................. 20 ILCS 2310/2310-25
20 ILCS 2310/55.06................. 20 ILCS 2310/2310-555
20 ILCS 2310/55.07................. 20 ILCS 2310/2310-500
20 ILCS 2310/55.08................. 20 ILCS 2310/2310-505
20 ILCS 2310/55.09................. 20 ILCS 2310/2310-90
20 ILCS 2310/55.10................. 20 ILCS 2310/2310-575
20 ILCS 2310/55.11................. 20 ILCS 2310/2310-580
20 ILCS 2310/55.12................. 20 ILCS 2310/2310-30
20 ILCS 2310/55.13................. 20 ILCS 2310/2310-250
20 ILCS 2310/55.14................. 20 ILCS 2310/2310-55
20 ILCS 2310/55.15................. 20 ILCS 2310/2310-510
20 ILCS 2310/55.16................. 20 ILCS 2310/2310-100
20 ILCS 2310/55.17................. 20 ILCS 2310/2310-20
20 ILCS 2310/55.18................. 20 ILCS 2310/2310-105
20 ILCS 2310/55.19................. 20 ILCS 2310/2310-50
20 ILCS 2310/55.20................. 20 ILCS 2310/2310-545
20 ILCS 2310/55.21................. 20 ILCS 2310/2310-535
20 ILCS 2310/55.22................. 20 ILCS 2310/2310-60
20 ILCS 2310/55.23................. 20 ILCS 2310/2310-355
20 ILCS 2310/55.24................. 20 ILCS 2310/2310-155
20 ILCS 2310/55.25................. 20 ILCS 2310/2310-110
20 ILCS 2310/55.26................. 20 ILCS 2310/2310-65
20 ILCS 2310/55.27................. 20 ILCS 2310/2310-35
20 ILCS 2310/55.28................. 20 ILCS 2310/2310-40
20 ILCS 2310/55.29................. 20 ILCS 2310/2310-45
20 ILCS 2310/55.30................. 20 ILCS 2310/2310-170
20 ILCS 2310/55.31................. 20 ILCS 2310/2310-540
20 ILCS 2310/55.31a................ 20 ILCS 2310/2310-385
20 ILCS 2310/55.31b................ 20 ILCS 2310/2310-365
20 ILCS 2310/55.36................. 20 ILCS 2310/2310-375
20 ILCS 2310/55.37................. 20 ILCS 2310/2310-135
20 ILCS 2310/55.37a................ 20 ILCS 2310/2310-140
20 ILCS 2310/55.38................. 20 ILCS 2310/2310-75
20 ILCS 2310/55.39................. 20 ILCS 2310/2310-195
20 ILCS 2310/55.40................. 20 ILCS 2310/2310-550
20 ILCS 2310/55.41................. 20 ILCS 2310/2310-315
20 ILCS 2310/55.42................. 20 ILCS 2310/2310-410
20 ILCS 2310/55.43................. 20 ILCS 2310/2310-335
20 ILCS 2310/55.44................. 20 ILCS 2310/2310-435
20 ILCS 2310/55.45................. 20 ILCS 2310/2310-325
20 ILCS 2310/55.46................. 20 ILCS 2310/2310-330
20 ILCS 2310/55.49................. 20 ILCS 2310/2310-345
20 ILCS 2310/55.51................. 20 ILCS 2310/2310-185
20 ILCS 2310/55.52................. 20 ILCS 2310/2310-380
20 ILCS 2310/55.53................. 20 ILCS 2310/2310-200
20 ILCS 2310/55.54................. 20 ILCS 2310/2310-440
20 ILCS 2310/55.55................. 20 ILCS 2310/2310-405
20 ILCS 2310/55.56................. 20 ILCS 2310/2310-320
20 ILCS 2310/55.57................. 20 ILCS 2310/2310-205
20 ILCS 2310/55.58................. 20 ILCS 2310/2310-225
20 ILCS 2310/55.61................. 20 ILCS 2310/2310-275
20 ILCS 2310/55.62................. 20 ILCS 2310/2310-215
20 ILCS 2310/55.62a................ 20 ILCS 2310/2310-210
20 ILCS 2310/55.63................. 20 ILCS 2310/2310-235
20 ILCS 2310/55.64................. 20 ILCS 2310/2310-305
20 ILCS 2310/55.65................. 20 ILCS 2310/2310-390
20 ILCS 2310/55.66................. 20 ILCS 2310/2310-425
20 ILCS 2310/55.67................. 20 ILCS 2310/2310-230
20 ILCS 2310/55.68................. 20 ILCS 2310/2310-340
20 ILCS 2310/55.69................. 20 ILCS 2310/2310-430
20 ILCS 2310/55.70................. 20 ILCS 2310/2310-350
20 ILCS 2310/55.71................. 20 ILCS 2310/2310-445
20 ILCS 2310/55.72................. 20 ILCS 2310/2310-395
20 ILCS 2310/55.73................. 20 ILCS 2310/2310-220
20 ILCS 2310/55.74................. 20 ILCS 2310/2310-420
20 ILCS 2310/55.75................. 20 ILCS 2310/2310-255
20 ILCS 2310/55.76................. 20 ILCS 2310/2310-370
20 ILCS 2310/55.78................. 20 ILCS 2310/2310-300
20 ILCS 2310/55.79................. 20 ILCS 2310/2310-310
20 ILCS 2310/55.80................. 20 ILCS 2310/2310-360
20 ILCS 2310/55.81................. 20 ILCS 2310/2310-415
20 ILCS 2310/55.82................. 20 ILCS 2310/2310-130
20 ILCS 2310/55.83................. 20 ILCS 2310/2310-400
20 ILCS 2310/55.84................. 20 ILCS 2310/2310-442
20 ILCS 2310/55.85................. 20 ILCS 2310/2310-392
20 ILCS 2310/55.86................. 20 ILCS 2310/2310-352
20 ILCS 2310/55.87................. 20 ILCS 2310/2310-560
20 ILCS 2310/55.88................. 20 ILCS 2310/2310-565
20 ILCS 2310/55.89................. 20 ILCS 2310/2310-80
20 ILCS 2310/55.90................. 20 ILCS 2310/2310-397
20 ILCS 2505/39b................... 20 ILCS 2505/2505-10
20 ILCS 2505/39b1.................. 20 ILCS 2505/2505-15
20 ILCS 2505/39b2.................. 20 ILCS 2505/2505-20
20 ILCS 2505/39b3.................. 20 ILCS 2505/2505-25
20 ILCS 2505/39b4.................. 20 ILCS 2505/2505-30
20 ILCS 2505/39b5.................. 20 ILCS 2505/2505-35
20 ILCS 2505/39b6.................. 20 ILCS 2505/2505-40
20 ILCS 2505/39b7.................. 20 ILCS 2505/2505-45
20 ILCS 2505/39b8.................. rep. 7-1-98, P.A. 90-372
20 ILCS 2505/39b9.................. rep. 7-1-98, P.A. 90-372
20 ILCS 2505/39b10................. 20 ILCS 2505/2505-60
20 ILCS 2505/39b11................. 20 ILCS 2505/2505-500
20 ILCS 2505/39b12................. 20 ILCS 2505/2505-65
20 ILCS 2505/39b13................. 20 ILCS 2505/2505-700
20 ILCS 2505/39b14................. 20 ILCS 2505/2505-705
20 ILCS 2505/39b15................. 20 ILCS 2505/2505-300
20 ILCS 2505/39b15.1............... 20 ILCS 2505/2505-305
20 ILCS 2505/39b15.2............... 20 ILCS 2505/2505-310
20 ILCS 2505/39b16................. 20 ILCS 2505/2505-315
20 ILCS 2505/39b17................. 20 ILCS 2505/2505-320
20 ILCS 2505/39b18................. 20 ILCS 2505/2505-450
20 ILCS 2505/39b19................. 20 ILCS 2505/2505-795
20 ILCS 2505/39b20................. 20 ILCS 2505/2505-505
20 ILCS 2505/39b20.1............... 20 ILCS 2505/2505-510
20 ILCS 2505/39b21................. 20 ILCS 2505/2505-600
20 ILCS 2505/39b22................. 20 ILCS 2505/2505-605
20 ILCS 2505/39b23................. 20 ILCS 2505/2505-730
20 ILCS 2505/39b24................. 20 ILCS 2505/2505-70
20 ILCS 2505/39b25................. rep. 7-1-98, P.A. 90-372
20 ILCS 2505/39b26................. 20 ILCS 2505/2505-80
20 ILCS 2505/39b27................. 20 ILCS 2505/2505-85
20 ILCS 2505/39b28................. 20 ILCS 2505/2505-90
20 ILCS 2505/39b29................. 20 ILCS 2505/2505-95
20 ILCS 2505/39b30................. 20 ILCS 2505/2505-100
20 ILCS 2505/39b31................. 20 ILCS 2505/2505-105
20 ILCS 2505/39b32................. 20 ILCS 2505/2505-475
20 ILCS 2505/39b33................. 20 ILCS 2505/2505-790
20 ILCS 2505/39b34................. rep. 7-1-98, P.A. 90-372
20 ILCS 2505/39b35................. 20 ILCS 2505/2505-625
20 ILCS 2505/39b35.1............... 20 ILCS 2505/2505-340
20 ILCS 2505/39b36................. 20 ILCS 2505/2505-630
20 ILCS 2505/39b46................. rep. 7-1-98, P.A. 90-372
20 ILCS 2505/39b47................. 20 ILCS 2505/2505-380
20 ILCS 2505/39b48................. 20 ILCS 2505/2505-360
20 ILCS 2505/39b49................. 20 ILCS 2505/2505-400
20 ILCS 2505/39b50................. 20 ILCS 2505/2505-675
20 ILCS 2505/39b51................. 20 ILCS 2505/2505-550
20 ILCS 2505/39b52................. 20 ILCS 2505/2505-650
20 ILCS 2505/39b53................. 20 ILCS 2505/2505-575
20 ILCS 2505/39b54................. 20 ILCS 2505/2505-425
20 ILCS 2505/39c................... 20 ILCS 2505/2505-250
20 ILCS 2505/39c-1................. 20 ILCS 2505/2505-210
20 ILCS 2505/39c-1a................ 20 ILCS 2505/2505-200
20 ILCS 2505/39c-1b................ 20 ILCS 2505/2505-205
20 ILCS 2505/39c-1c................ 20 ILCS 2505/2505-405
20 ILCS 2505/39c-2................. 20 ILCS 2505/2505-175
20 ILCS 2505/39c-3................. 20 ILCS 2505/2505-215
20 ILCS 2505/39c-4................. 20 ILCS 2505/2505-190
20 ILCS 2505/39e................... 20 ILCS 2505/2505-275
20 ILCS 2605/55a, subsec. (A),
in part............................ 20 ILCS 2605/2605-10
20 ILCS 2605/55a, subdiv. (A)1..... 20 ILCS 2605/2605-100
20 ILCS 2605/55a, subdiv. (A)2..... 20 ILCS 2605/2605-105
20 ILCS 2605/55a, subdiv. (A)3..... 20 ILCS 2605/2605-110
20 ILCS 2605/55a, subdiv. (A)4..... 20 ILCS 2605/2605-200
20 ILCS 2605/55a, subdiv. (A)5..... 20 ILCS 2605/2605-300
20 ILCS 2605/55a, subdiv. (A)6..... 20 ILCS 2605/2605-500
20 ILCS 2605/55a, subdiv. (A)7..... 20 ILCS 2605/2605-430
20 ILCS 2605/55a, subdiv. (A)8..... 20 ILCS 2605/2605-140
20 ILCS 2605/55a, subdiv. (A)9..... 20 ILCS 2605/2605-115
20 ILCS 2605/55a, subdiv. (A)10.... 20 ILCS 2605/2605-120
20 ILCS 2605/55a, subdiv. (A)11.... 20 ILCS 2605/2605-190
20 ILCS 2605/55a, subdiv. (A)12.... 20 ILCS 2605/2605-550
20 ILCS 2605/55a, subdiv. (A)13.... 20 ILCS 2605/2605-525
20 ILCS 2605/55a, subdiv. (A)14.... 20 ILCS 2605/2605-215
20 ILCS 2605/55a, subdiv. (A)15.... 20 ILCS 2605/2605-250
20 ILCS 2605/55a, subdiv. (A)16.... 20 ILCS 2605/2605-420
20 ILCS 2605/55a, subdiv. (A)17.... 20 ILCS 2605/2605-205
20 ILCS 2605/55a, subdiv. (A)18.... 20 ILCS 2605/2605-350
20 ILCS 2605/55a, subdiv. (A)19.... 20 ILCS 2605/2605-355
20 ILCS 2605/55a, subdiv. (A)20.... 20 ILCS 2605/2605-360
20 ILCS 2605/55a, subdiv. (A)21.... 20 ILCS 2605/2605-365
20 ILCS 2605/55a, subdiv. (A)22.... 20 ILCS 2605/2605-400
20 ILCS 2605/55a, subdiv. (A)23.... 20 ILCS 2605/2605-130
20 ILCS 2605/55a, subdiv. (A)24.... 20 ILCS 2605/2605-375
20 ILCS 2605/55a, subdiv. (A)25.... 20 ILCS 2605/2605-325
20 ILCS 2605/55a, subdiv. (A)26.... 20 ILCS 2605/2605-15
20 ILCS 2605/55a, subdiv. (A)27.... 20 ILCS 2605/2605-435
20 ILCS 2605/55a, subdiv. (A)28.... 20 ILCS 2605/2605-335
20 ILCS 2605/55a, subdiv. (A)29.... 20 ILCS 2605/2605-210
20 ILCS 2605/55a, subdiv. (A)30.... 20 ILCS 2605/2605-275
20 ILCS 2605/55a, subdiv. (A)31.... 20 ILCS 2605/2605-390
20 ILCS 2605/55a, subdiv. (A)32.... 20 ILCS 2605/2605-340
20 ILCS 2605/55a, subdiv. (A)33.... 20 ILCS 2605/2605-405
20 ILCS 2605/55a, subdiv. (A)34.... 20 ILCS 2605/2605-315
20 ILCS 2605/55a, subdiv. (A)35.... 20 ILCS 2605/2605-377
20 ILCS 2605/55a, subdiv. (A)36.... 20 ILCS 2605/2605-320
20 ILCS 2605/55a, subsec. (B)...... 20 ILCS 2605/2605-305
20 ILCS 2605/55a, subsec. (C)...... 20 ILCS 2605/2605-75
20 ILCS 2605/55a-1................. 20 ILCS 2605/2605-25
20 ILCS 2605/55a-2................. 20 ILCS 2605/2605-30
20 ILCS 2605/55a-3................. 20 ILCS 2605/2605-35
20 ILCS 2605/55a-4................. 20 ILCS 2605/2605-40
20 ILCS 2605/55a-5................. 20 ILCS 2605/2605-45
20 ILCS 2605/55a-6................. 20 ILCS 2605/2605-50
20 ILCS 2605/55a-7................. 20 ILCS 2605/2605-220
20 ILCS 2605/55a-8................. 20 ILCS 2605/2605-380
20 ILCS 2605/55b................... 20 ILCS 2605/2605-505
20 ILCS 2605/55c................... 20 ILCS 2605/2605-135
20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-10
20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-15,
subsec. (a)
20 ILCS 2705/49.01a................ 20 ILCS 2705/2705-100
20 ILCS 2705/49.02a................ 20 ILCS 2705/2705-225
20 ILCS 2705/49.06a................ 20 ILCS 2705/2705-105
20 ILCS 2705/49.06b................ 20 ILCS 2705/2705-285
20 ILCS 2705/49.07a................ 20 ILCS 2705/2705-110
20 ILCS 2705/49.08a................ 20 ILCS 2705/2705-115
20 ILCS 2705/49.11................. 20 ILCS 2705/2705-120
20 ILCS 2705/49.12................. 20 ILCS 2705/2705-550
20 ILCS 2705/49.13................. 20 ILCS 2705/2705-555
20 ILCS 2705/49.14................. 20 ILCS 2705/2705-255
20 ILCS 2705/49.15................. 20 ILCS 2705/2705-210
20 ILCS 2705/49.15a................ 20 ILCS 2705/2705-510
20 ILCS 2705/49.16................. 20 ILCS 2705/2705-200
20 ILCS 2705/49.17................. 20 ILCS 2705/2705-240
20 ILCS 2705/49.18................. 20 ILCS 2705/2705-300
20 ILCS 2705/49.19................. 20 ILCS 2705/2705-305
20 ILCS 2705/49.19a................ 20 ILCS 2705/2705-310
20 ILCS 2705/49.19b................ 20 ILCS 2705/2705-315
20 ILCS 2705/49.20................. 20 ILCS 2705/2705-245
20 ILCS 2705/49.21................. 20 ILCS 2705/2705-205
20 ILCS 2705/49.22................. 20 ILCS 2705/2705-125
20 ILCS 2705/49.23................. 20 ILCS 2705/2705-15,
subsec. (b)
20 ILCS 2705/49.24................. 20 ILCS 2705/2705-175
20 ILCS 2705/49.25a................ 20 ILCS 2705/2705-400
20 ILCS 2705/49.25b................ 20 ILCS 2705/2705-405
20 ILCS 2705/49.25c................ 20 ILCS 2705/2705-410
20 ILCS 2705/49.25d................ 20 ILCS 2705/2705-415
20 ILCS 2705/49.25e................ 20 ILCS 2705/2705-420
20 ILCS 2705/49.25f................ 20 ILCS 2705/2705-425
20 ILCS 2705/49.25g................ 20 ILCS 2705/2705-430
20 ILCS 2705/49.25g-1.............. 20 ILCS 2705/2705-435
20 ILCS 2705/49.25h................ 20 ILCS 2705/2705-440
20 ILCS 2705/49.25h-1.............. 20 ILCS 2705/2705-450
20 ILCS 2705/49.25i................ 20 ILCS 2705/2705-445
20 ILCS 2705/49.25j................ 20 ILCS 2705/2705-275
20 ILCS 2705/49.26................. 20 ILCS 2705/2705-350
20 ILCS 2705/49.27................. 20 ILCS 2705/2705-215
20 ILCS 2705/49.28................. 20 ILCS 2705/2705-575
20 ILCS 2705/49.29................. 20 ILCS 2705/2705-500
20 ILCS 2705/49.30................. 20 ILCS 2705/2705-505
20 ILCS 2705/49.31................. 20 ILCS 2705/2705-90
20 ILCS 2705/49.32................. rep. 7-1-98, P.A. 90-372
20 ILCS 2705/49.33................. 20 ILCS 2705/2705-265
20 ILCS 2705/49.34................. 20 ILCS 2705/2705-375
110 ILCS 355/62.................... 110 ILCS 355/3000-5
110 ILCS 355/62.1.................. see 20 ILCS 2105/61f
Section 98-10. Derivation table.
AS CODIFIED BY THIS ACT OLD
20 ILCS 5/1-1..........................20 ILCS 5/1
20 ILCS 5/1-5..........................new
20 ILCS 5/5-1..........................new
20 ILCS 5/5-5..........................20 ILCS 5/2
20 ILCS 5/5-10.........................20 ILCS 5/2.1
20 ILCS 5/5-15.........................20 ILCS 5/3
20 ILCS 5/5-20.........................20 ILCS 5/4
20 ILCS 5/5-95.........................20 ILCS 5/34
20 ILCS 5/5-100........................20 ILCS 5/5
20 ILCS 5/5-105........................20 ILCS 5/5.14
20 ILCS 5/5-110........................20 ILCS 5/5.02
20 ILCS 5/5-115........................20 ILCS 5/5.13e
20 ILCS 5/5-120........................20 ILCS 5/5.13g
20 ILCS 5/5-125........................20 ILCS 5/5.13i
20 ILCS 5/5-130........................20 ILCS 5/5.13b
20 ILCS 5/5-135........................20 ILCS 5/5.13j
20 ILCS 5/5-140........................20 ILCS 5/5.10
20 ILCS 5/5-145........................20 ILCS 5/5.03
20 ILCS 5/5-150........................20 ILCS 5/5.09
20 ILCS 5/5-155........................20 ILCS 5/5.04
20 ILCS 5/5-160........................20 ILCS 5/5.13h
20 ILCS 5/5-165........................20 ILCS 5/5.13c
20 ILCS 5/5-170........................20 ILCS 5/5.07
20 ILCS 5/5-175........................20 ILCS 5/5.12
20 ILCS 5/5-180........................20 ILCS 5/5.11
20 ILCS 5/5-185........................20 ILCS 5/5.05
20 ILCS 5/5-190........................20 ILCS 5/5.01a
20 ILCS 5/5-200........................20 ILCS 5/7.11
20 ILCS 5/5-210........................20 ILCS 5/7.08
20 ILCS 5/5-215........................20 ILCS 5/7.06
20 ILCS 5/5-220........................20 ILCS 5/7.07b
20 ILCS 5/5-225........................20 ILCS 5/7.04
20 ILCS 5/5-230........................20 ILCS 5/7.09
20 ILCS 5/5-235........................20 ILCS 5/7.03
20 ILCS 5/5-300........................20 ILCS 5/9
20 ILCS 5/5-305........................20 ILCS 5/9.01
20 ILCS 5/5-310........................20 ILCS 5/9.21
20 ILCS 5/5-315........................20 ILCS 5/9.02
20 ILCS 5/5-320........................20 ILCS 5/9.19
20 ILCS 5/5-325........................20 ILCS 5/9.16
20 ILCS 5/5-330........................20 ILCS 5/9.18
20 ILCS 5/5-335........................20 ILCS 5/9.11a
20 ILCS 5/5-340........................20 ILCS 5/9.30
20 ILCS 5/5-345........................20 ILCS 5/9.15
20 ILCS 5/5-350........................20 ILCS 5/9.24
20 ILCS 5/5-355........................20 ILCS 5/9.05a
20 ILCS 5/5-360........................20 ILCS 5/9.10
20 ILCS 5/5-365........................20 ILCS 5/9.03
20 ILCS 5/5-370........................20 ILCS 5/9.31
20 ILCS 5/5-375........................20 ILCS 5/9.09
20 ILCS 5/5-380........................20 ILCS 5/9.04
20 ILCS 5/5-385........................20 ILCS 5/9.25
20 ILCS 5/5-390........................20 ILCS 5/9.08
20 ILCS 5/5-395........................20 ILCS 5/9.17
20 ILCS 5/5-400........................20 ILCS 5/9.07
20 ILCS 5/5-405........................20 ILCS 5/9.12
20 ILCS 5/5-410........................20 ILCS 5/9.11
20 ILCS 5/5-415........................20 ILCS 5/9.05
20 ILCS 5/5-420........................20 ILCS 5/9.22
20 ILCS 5/5-500........................20 ILCS 5/6
20 ILCS 5/5-505........................20 ILCS 5/8
20 ILCS 5/5-510........................20 ILCS 5/8.1
20 ILCS 5/5-515........................20 ILCS 5/10
20 ILCS 5/5-520........................20 ILCS 5/6.27
20 ILCS 5/5-525........................20 ILCS 5/6.01
20 ILCS 5/5-530........................20 ILCS 5/6.01a
20 ILCS 5/5-535........................20 ILCS 5/6.15
20 ILCS 5/5-540........................20 ILCS 5/6.28
and 5/7.01
20 ILCS 5/5-545........................20 ILCS 5/6.04
20 ILCS 5/5-550........................20 ILCS 5/6.23
20 ILCS 5/5-555........................20 ILCS 5/6.02
20 ILCS 5/5-560........................20 ILCS 5/6.08
20 ILCS 5/5-565........................20 ILCS 5/6.06
20 ILCS 5/5-570........................20 ILCS 5/6.02a
and 5/7.04a
20 ILCS 5/5-600........................20 ILCS 5/11
20 ILCS 5/5-605........................20 ILCS 5/12
20 ILCS 5/5-610........................20 ILCS 5/13
20 ILCS 5/5-615........................20 ILCS 5/14
20 ILCS 5/5-620........................20 ILCS 5/15
20 ILCS 5/5-625........................20 ILCS 5/16
20 ILCS 5/5-630........................20 ILCS 5/17
20 ILCS 5/5-635........................20 ILCS 5/18
20 ILCS 5/5-640........................20 ILCS 5/19
20 ILCS 5/5-645........................20 ILCS 5/20
20 ILCS 5/5-650........................20 ILCS 5/25
20 ILCS 5/5-655........................20 ILCS 5/26
20 ILCS 5/5-660........................20 ILCS 5/31
20 ILCS 5/5-675........................20 ILCS 5/51
20 ILCS 5/5-700........................20 ILCS 5/32
20 ILCS 5/5-705........................20 ILCS 5/33
15 ILCS 20/50-1........................new
15 ILCS 20/50-5........................15 ILCS 20/38
15 ILCS 20/50-10.......................15 ILCS 20/38.1
15 ILCS 20/50-15.......................15 ILCS 20/38.2
15 ILCS 20/50-20.......................15 ILCS 20/38.3
20 ILCS 110/110-1......................new
20 ILCS 110/110-5......................20 ILCS 110/69
20 ILCS 205/205-1......................new
20 ILCS 205/205-5......................new
20 ILCS 205/205-10.....................20 ILCS 205/40
20 ILCS 205/205-15.....................20 ILCS 205/40.7
and 205/40.8
20 ILCS 205/205-20.....................20 ILCS 205/40.7a
20 ILCS 205/205-25.....................20 ILCS 205/40.14
20 ILCS 205/205-27.....................20 ILCS 205/40.7b
20 ILCS 205/205-30.....................20 ILCS 205/40.9
20 ILCS 205/205-35.....................20 ILCS 205/40.10
20 ILCS 205/205-40.....................20 ILCS 205/40.31
20 ILCS 205/205-45.....................20 ILCS 205/40.36
20 ILCS 205/205-50.....................20 ILCS 205/40.40
20 ILCS 205/205-55.....................20 ILCS 205/40.27
20 ILCS 205/205-60.....................20 ILCS 205/40.35
20 ILCS 205/205-100....................20 ILCS 205/40.11
20 ILCS 205/205-105....................20 ILCS 205/40.24
20 ILCS 205/205-110....................20 ILCS 205/40.28
20 ILCS 205/205-115....................20 ILCS 205/40.38
20 ILCS 205/205-200....................20 ILCS 205/40.16
20 ILCS 205/205-205....................20 ILCS 205/40.13
20 ILCS 205/205-300....................20 ILCS 205/40.4
20 ILCS 205/205-305....................20 ILCS 205/40.12
20 ILCS 205/205-310....................20 ILCS 205/40.33
20 ILCS 205/205-315....................20 ILCS 205/40.17
20 ILCS 205/205-320....................20 ILCS 205/40.18
20 ILCS 205/205-325....................20 ILCS 205/40.19
20 ILCS 205/205-330....................20 ILCS 205/40.32
20 ILCS 205/205-335....................20 ILCS 205/40.21
20 ILCS 205/205-340....................20 ILCS 205/40.39
20 ILCS 205/205-345....................20 ILCS 205/40.6
20 ILCS 205/205-350....................20 ILCS 205/40.25
20 ILCS 205/205-355....................20 ILCS 205/40.26
20 ILCS 205/205-400....................20 ILCS 205/40.20
20 ILCS 205/205-405....................20 ILCS 205/40.22
20 ILCS 205/205-410....................20 ILCS 205/40.23
20 ILCS 205/205-415....................20 ILCS 205/40.42
20 ILCS 205/205-420....................20 ILCS 205/40.15
20 ILCS 205/205-425....................20 ILCS 205/40.37
20 ILCS 205/205-430....................20 ILCS 205/40.34
5 ILCS 620/250-1.......................new
5 ILCS 620/250-5.......................5 ILCS 620/42
20 ILCS 310/310-1......................new
20 ILCS 310/310-5......................20 ILCS 5/9.29
20 ILCS 405/405-1......................new
20 ILCS 405/405-5......................20 ILCS 405/35.2
20 ILCS 405/405-10.....................20 ILCS 405/35.3
20 ILCS 405/405-15.....................20 ILCS 405/35.4
20 ILCS 405/405-20.....................20 ILCS 405/35.7
20 ILCS 405/405-25.....................20 ILCS 405/67.34
20 ILCS 405/405-30.....................20 ILCS 405/67.20
20 ILCS 405/405-100....................20 ILCS 405/64
20 ILCS 405/405-105....................20 ILCS 405/64.1
20 ILCS 405/405-110....................20 ILCS 405/64.2
20 ILCS 405/405-115....................20 ILCS 405/64.3
20 ILCS 405/405-120....................20 ILCS 405/67.29
20 ILCS 405/405-125....................20 ILCS 405/67.31
20 ILCS 405/405-130....................20 ILCS 405/67.28
20 ILCS 405/405-190....................20 ILCS 405/67.27
20 ILCS 405/405-200....................20 ILCS 405/67
20 ILCS 405/405-210....................20 ILCS 405/67.21
20 ILCS 405/405-215....................20 ILCS 405/67.22
20 ILCS 405/405-220....................20 ILCS 405/35.9
20 ILCS 405/405-225....................20 ILCS 405/67.09
20 ILCS 405/405-230....................20 ILCS 405/67.23
20 ILCS 405/405-240....................20 ILCS 405/67.05
20 ILCS 405/405-250....................20 ILCS 405/35.7a
20 ILCS 405/405-255....................20 ILCS 405/35.8
20 ILCS 405/405-260....................20 ILCS 405/35.7c
20 ILCS 405/405-265....................20 ILCS 405/67.08
20 ILCS 405/405-270....................20 ILCS 405/67.18
20 ILCS 405/405-275....................20 ILCS 405/67.33
20 ILCS 405/405-280....................20 ILCS 405/67.15
20 ILCS 405/405-285....................20 ILCS 405/67.16
20 ILCS 405/405-290....................20 ILCS 405/67.32
20 ILCS 405/405-295....................20 ILCS 405/67.30
20 ILCS 405/405-300....................20 ILCS 405/67.02
20 ILCS 405/405-305....................20 ILCS 405/67.06
20 ILCS 405/405-310....................20 ILCS 405/67.07
20 ILCS 405/405-315....................20 ILCS 405/67.24
20 ILCS 405/405-320....................20 ILCS 405/67.25
20 ILCS 405/405-325....................20 ILCS 405/67.26
20 ILCS 405/405-400....................20 ILCS 5/34.1
20 ILCS 405/405-500....................20 ILCS 405/67.35
20 ILCS 510/510-1......................new
20 ILCS 510/510-5......................new
20 ILCS 510/510-10.....................20 ILCS 510/65
20 ILCS 510/510-15.....................20 ILCS 510/65.1
20 ILCS 510/510-20.....................20 ILCS 510/65.4
20 ILCS 510/510-25.....................20 ILCS 510/65.5
20 ILCS 510/510-30.....................20 ILCS 510/65.6
20 ILCS 510/510-35.....................20 ILCS 510/65.7
20 ILCS 510/510-95.....................20 ILCS 510/65.3
20 ILCS 510/510-100....................20 ILCS 510/65.8
20 ILCS 510/510-200....................20 ILCS 510/65.2
20 ILCS 605/605-1......................new
20 ILCS 605/605-5......................20 ILCS 605/46.1,
in part
20 ILCS 605/605-10.....................20 ILCS 605/46.1,
in part
20 ILCS 605/605-15.....................20 ILCS 605/46.22
20 ILCS 605/605-20.....................20 ILCS 605/46.29
20 ILCS 605/605-25.....................20 ILCS 605/46.30a
20 ILCS 605/605-30.....................20 ILCS 605/46.41
20 ILCS 605/605-35.....................20 ILCS 605/46.43
20 ILCS 605/605-40.....................20 ILCS 605/47.2
20 ILCS 605/605-50.....................20 ILCS 605/46.51
20 ILCS 605/605-55.....................20 ILCS 605/46.21
20 ILCS 605/605-65.....................20 ILCS 605/46.52
20 ILCS 605/605-75.....................20 ILCS 605/46.53
20 ILCS 605/605-85.....................20 ILCS 605/46.11
20 ILCS 605/605-95.....................20 ILCS 605/46.42
20 ILCS 605/605-100....................20 ILCS 605/46.33
20 ILCS 605/605-105....................20 ILCS 605/46.35
20 ILCS 605/605-110....................20 ILCS 605/46.34
20 ILCS 605/605-115....................20 ILCS 605/46.36
20 ILCS 605/605-200....................20 ILCS 605/46.7
20 ILCS 605/605-205....................20 ILCS 605/46.39
20 ILCS 605/605-210....................20 ILCS 605/46.9
20 ILCS 605/605-300....................20 ILCS 605/46.2
20 ILCS 605/605-305....................20 ILCS 605/46.44
20 ILCS 605/605-310....................20 ILCS 605/46.3
20 ILCS 605/605-315....................20 ILCS 605/46.17
20 ILCS 605/605-320....................20 ILCS 605/46.5
20 ILCS 605/605-325....................20 ILCS 605/46.19i
20 ILCS 605/605-328....................20 ILCS 605/47.3
20 ILCS 605/605-330....................20 ILCS 605/46.4
20 ILCS 605/605-335....................20 ILCS 605/46.4a
20 ILCS 605/605-340....................20 ILCS 605/46.54
20 ILCS 605/605-345....................20 ILCS 605/46.67
20 ILCS 605/605-350....................20 ILCS 605/46.12
20 ILCS 605/605-355....................20 ILCS 605/46.19a,
subsec. (2)
20 ILCS 605/605-360....................20 ILCS 605/46.19a,
subsec. (3)
20 ILCS 605/605-365....................20 ILCS 605/46.19a,
subsec. (4)
20 ILCS 605/605-370....................20 ILCS 605/46.28
20 ILCS 605/605-375....................20 ILCS 605/46.58
20 ILCS 605/605-380....................20 ILCS 605/46.60
20 ILCS 605/605-385....................20 ILCS 605/46.62
20 ILCS 605/605-400....................20 ILCS 605/46.19c
20 ILCS 605/605-405....................20 ILCS 605/46.5a
20 ILCS 605/605-410....................20 ILCS 605/46.19d
20 ILCS 605/605-415....................20 ILCS 605/46.19j
20 ILCS 605/605-450....................20 ILCS 605/46.19g
20 ILCS 605/605-490....................20 ILCS 605/46.10
20 ILCS 605/605-495....................20 ILCS 605/46.19
20 ILCS 605/605-500....................20 ILCS 605/46.13
20 ILCS 605/605-505....................20 ILCS 605/46.15
20 ILCS 605/605-510....................20 ILCS 605/46.19h
20 ILCS 605/605-515....................20 ILCS 605/46.13a
20 ILCS 605/605-520....................20 ILCS 605/46.63
20 ILCS 605/605-525....................20 ILCS 605/46.55
20 ILCS 605/605-575....................20 ILCS 605/46.69
20 ILCS 605/605-600....................20 ILCS 605/46.19f
20 ILCS 605/605-605....................20 ILCS 605/46.57
20 ILCS 605/605-610....................20 ILCS 605/46.14
20 ILCS 605/605-615....................20 ILCS 605/46.19e
20 ILCS 605/605-620....................20 ILCS 605/46.24
20 ILCS 605/605-625....................20 ILCS 605/46.25
20 ILCS 605/605-630....................20 ILCS 605/46.26
20 ILCS 605/605-675....................20 ILCS 605/46.66
20 ILCS 605/605-700....................20 ILCS 605/46.6
20 ILCS 605/605-705....................20 ILCS 605/46.6a
20 ILCS 605/605-710....................20 ILCS 605/46.6c
20 ILCS 605/605-715....................20 ILCS 605/46.59
20 ILCS 605/605-720....................20 ILCS 605/46.16
20 ILCS 605/605-800....................20 ILCS 605/46.19a,
subsec. (1)
20 ILCS 605/605-805....................20 ILCS 605/46.19a,
subsec. (5)
20 ILCS 605/605-810....................20 ILCS 605/46.19a,
subsec. (6)
20 ILCS 605/605-815....................20 ILCS 605/46.19a,
subsec. (7)
20 ILCS 605/605-820....................20 ILCS 605/46.49
20 ILCS 605/605-825....................20 ILCS 605/46.65
20 ILCS 605/605-850....................20 ILCS 605/46.32a,
subsec. (a)
20 ILCS 605/605-855....................20 ILCS 605/46.32a,
subsec. (b)
20 ILCS 605/605-860....................20 ILCS 605/46.32a,
subsec. (c)
20 ILCS 605/605-875....................20 ILCS 605/46.68
20 ILCS 605/605-900....................20 ILCS 605/46.6b
20 ILCS 605/605-905....................20 ILCS 605/46.41b
20 ILCS 605/605-910....................20 ILCS 605/46.56
20 ILCS 605/605-915....................20 ILCS 605/46.45
20 ILCS 605/605-920....................20 ILCS 605/46.47
20 ILCS 605/605-925....................20 ILCS 605/46.48
20 ILCS 605/605-930....................20 ILCS 605/46.27
20 ILCS 605/605-935....................20 ILCS 605/46.32
20 ILCS 605/605-940....................20 ILCS 605/46.37
20 ILCS 605/605-945....................20 ILCS 605/46.38
20 ILCS 605/605-950....................20 ILCS 605/46.38a
20 ILCS 605/605-990....................20 ILCS 605/46.37a
20 ILCS 605/605-995....................20 ILCS 605/46.40
20 ILCS 805/805-1......................new
20 ILCS 805/805-5......................new
20 ILCS 805/805-10.....................20 ILCS 805/63a
20 ILCS 805/805-15.....................20 ILCS 805/63a37
20 ILCS 805/805-25.....................20 ILCS 805/63b2.8
20 ILCS 805/805-30.....................20 ILCS 805/63a38
20 ILCS 805/805-35.....................20 ILCS 805/63a40
20 ILCS 805/805-40.....................20 ILCS 805/63a41
20 ILCS 805/805-70.....................20 ILCS 805/63b2.9
20 ILCS 805/805-80.....................20 ILCS 805/63b1.2
20 ILCS 805/805-100....................20 ILCS 805/63a1
20 ILCS 805/805-105....................20 ILCS 805/63a2
20 ILCS 805/805-110....................20 ILCS 805/63a3
20 ILCS 805/805-115....................20 ILCS 805/63a4
20 ILCS 805/805-120....................20 ILCS 805/63a5
20 ILCS 805/805-125....................20 ILCS 805/63b1
20 ILCS 805/805-130....................20 ILCS 805/63a8
20 ILCS 805/805-200....................20 ILCS 805/63a13-1
20 ILCS 805/805-205....................20 ILCS 805/63a29
20 ILCS 805/805-210....................20 ILCS 805/63a33
20 ILCS 805/805-215....................20 ILCS 805/63a17
20 ILCS 805/805-220....................20 ILCS 805/63a34
20 ILCS 805/805-225....................20 ILCS 805/63a19
20 ILCS 805/805-230....................20 ILCS 805/63a18
20 ILCS 805/805-235....................20 ILCS 805/63a6
20 ILCS 805/805-240....................20 ILCS 805/63b
20 ILCS 805/805-245....................20 ILCS 805/63b2.1
20 ILCS 805/805-250....................20 ILCS 805/63a20
20 ILCS 805/805-255....................20 ILCS 805/63a10
20 ILCS 805/805-260....................20 ILCS 805/63a7
20 ILCS 805/805-265....................20 ILCS 805/63a39
20 ILCS 805/805-270....................20 ILCS 805/63a26
20 ILCS 805/805-275....................20 ILCS 805/63a27
20 ILCS 805/805-300....................20 ILCS 805/63a21
20 ILCS 805/805-305....................20 ILCS 805/63a23
20 ILCS 805/805-310....................20 ILCS 805/63a24
20 ILCS 805/805-315....................20 ILCS 805/63a21.2
20 ILCS 805/805-320....................20 ILCS 805/63a21.3
20 ILCS 805/805-325....................20 ILCS 805/63a25
20 ILCS 805/805-330....................20 ILCS 805/63a14
20 ILCS 805/805-335....................20 ILCS 805/63a21.1
20 ILCS 805/805-400....................20 ILCS 805/63a22
20 ILCS 805/805-405....................20 ILCS 805/63a30
20 ILCS 805/805-410....................20 ILCS 805/63a32
20 ILCS 805/805-420....................20 ILCS 805/63a36
20 ILCS 805/805-425....................20 ILCS 805/63b2.3
20 ILCS 805/805-430....................20 ILCS 805/63b2.4
20 ILCS 805/805-435....................20 ILCS 805/63b2.5
20 ILCS 805/805-500....................20 ILCS 805/63a12
20 ILCS 805/805-505....................20 ILCS 805/63a31
20 ILCS 805/805-510....................20 ILCS 805/63a13
20 ILCS 805/805-515....................20 ILCS 805/63a28
20 ILCS 805/805-520....................20 ILCS 805/63a11
20 ILCS 805/805-525....................20 ILCS 805/63a15
20 ILCS 805/805-530....................20 ILCS 805/63a9
20 ILCS 805/805-535....................20 ILCS 805/63b2.2
20 ILCS 805/805-540....................20 ILCS 805/63b2.6
20 ILCS 1005/1005-1....................new
20 ILCS 1005/1005-5....................new
20 ILCS 1005/1005-10...................20 ILCS 1005/43a
20 ILCS 1005/1005-15...................20 ILCS 1005/43a.02
20 ILCS 1005/1005-20...................20 ILCS 1005/43a.04
20 ILCS 1005/1005-25...................20 ILCS 1005/43a.05
20 ILCS 1005/1005-30...................20 ILCS 1005/43a.03
20 ILCS 1005/1005-35...................20 ILCS 1005/43a.07
20 ILCS 1005/1005-40...................20 ILCS 1005/43a.08
20 ILCS 1005/1005-45...................20 ILCS 1005/43a.06
20 ILCS 1005/1005-50...................20 ILCS 1005/43a.11
20 ILCS 1005/1005-75...................20 ILCS 1005/43a.12
20 ILCS 1005/1005-100..................20 ILCS 1005/43a.01
20 ILCS 1005/1005-105..................20 ILCS 1005/43a.09
20 ILCS 1005/1005-110..................20 ILCS 1005/44a
20 ILCS 1005/1005-115..................20 ILCS 1005/43a.10
20 ILCS 1005/1005-120..................20 ILCS 1005/43a.13
20 ILCS 1005/1005-130..................20 ILCS 1005/43a.14
20 ILCS 1005/1005-150..................20 ILCS 5/34.2
20 ILCS 1405/1405-1....................new
20 ILCS 1405/1405-5....................20 ILCS 1405/56
20 ILCS 1405/1405-10...................20 ILCS 1405/56.1
20 ILCS 1405/1405-15...................20 ILCS 1405/56.2
20 ILCS 1505/1505-1....................new
20 ILCS 1505/1505-5....................new
20 ILCS 1505/1505-10...................20 ILCS 1505/43
20 ILCS 1505/1505-15...................20 ILCS 1505/43.07
20 ILCS 1505/1505-20...................20 ILCS 1505/43.13
20 ILCS 1505/1505-25...................20 ILCS 1505/43.09
20 ILCS 1505/1505-30...................20 ILCS 1505/43.08
20 ILCS 1505/1505-35...................20 ILCS 1505/43.10
20 ILCS 1505/1505-40...................20 ILCS 1505/43.12
20 ILCS 1505/1505-45...................20 ILCS 1505/43.15a
20 ILCS 1505/1505-50...................20 ILCS 1505/43.16
20 ILCS 1505/1505-120..................20 ILCS 1505/43.17
20 ILCS 1505/1505-150..................20 ILCS 1505/43.20
20 ILCS 1505/1505-200..................20 ILCS 1505/43.21
20 ILCS 1710/1710-1....................new
20 ILCS 1710/1710-5....................new
20 ILCS 1710/1710-10...................20 ILCS 1710/53,
subsec. (a),in part
20 ILCS 1710/1710-15...................20 ILCS 1710/53,
subdiv. (a)1
20 ILCS 1710/1710-20...................20 ILCS 1710/53,
subdivs. (a)2 and (a)4
20 ILCS 1710/1710-25...................20 ILCS 1710/53,
subdiv. (a)3
20 ILCS 1710/1710-30...................20 ILCS 1710/53a
20 ILCS 1710/1710-50...................20 ILCS 1710/53,
subdiv. (a)5
20 ILCS 1710/1710-75...................20 ILCS 1710/53,
subsec. (b)
20 ILCS 1710/1710-100..................20 ILCS 1710/53d
20 ILCS 1905/1905-1....................new
20 ILCS 1905/1905-5....................new
20 ILCS 1905/1905-10...................20 ILCS 1905/45,
in part
20 ILCS 1905/1905-15...................20 ILCS 1905/45,
par. 1
20 ILCS 1905/1905-20...................20 ILCS 1905/45,
par. 2
20 ILCS 1905/1905-25...................20 ILCS 1905/45,
par. 3
20 ILCS 1905/1905-30...................20 ILCS 1905/45,
par. 4
20 ILCS 1905/1905-35...................20 ILCS 1905/47
20 ILCS 1905/1905-40...................20 ILCS 1905/45,
par. 10
20 ILCS 1905/1905-45...................20 ILCS 1905/45,
par. 5
20 ILCS 1905/1905-50...................20 ILCS 1905/45,
pars. 7 and 8
20 ILCS 1905/1905-75...................20 ILCS 1905/46
20 ILCS 1905/1905-90...................20 ILCS 1905/45,
in part
20 ILCS 1905/1905-100..................20 ILCS 1905/45,
par. 9
20 ILCS 1905/1905-105..................20 ILCS 1905/45.2
20 ILCS 1905/1905-110..................20 ILCS 1905/45.1
20 ILCS 1905/1905-150..................20 ILCS 1905/45,
in part
20 ILCS 1905/1905-200..................20 ILCS 1905/45,
par. 6
20 ILCS 2005/2005-1....................new
20 ILCS 2005/2005-5....................new
20 ILCS 2005/2005-10...................20 ILCS 2005/71,
subsec. A
20 ILCS 2005/2005-15...................20 ILCS 2005/71,
subsec. B
20 ILCS 2005/2005-20...................20 ILCS 2005/71,
subsec. H
20 ILCS 2005/2005-25...................20 ILCS 2005/71,
subsec. E
20 ILCS 2005/2005-30...................20 ILCS 2005/72
20 ILCS 2005/2005-35...................20 ILCS 2005/71,
subsec. C
20 ILCS 2005/2005-40...................20 ILCS 2005/71,
subsec. D
20 ILCS 2005/2005-45...................20 ILCS 2005/71,
subsec. K
20 ILCS 2005/2005-50...................20 ILCS 2005/71,
subsec. J
20 ILCS 2005/2005-55...................20 ILCS 2005/71,
subsec. L
20 ILCS 2005/2005-60...................20 ILCS 2005/71,
subsec. M
20 ILCS 2005/2005-65...................20 ILCS 2005/71,
subsec. F
20 ILCS 2005/2005-70...................20 ILCS 2005/71,
subsec. G
20 ILCS 2005/2005-75...................20 ILCS 2005/71,
subsec. I
20 ILCS 2005/2005-80...................20 ILCS 2005/71,
subsec. N
20 ILCS 2005/2005-85...................20 ILCS 2005/71,
subsec. O
20 ILCS 2105/2105-1....................new
20 ILCS 2105/2105-5....................20 ILCS 2105/60b
20 ILCS 2105/2105-10...................20 ILCS 2105/61d
20 ILCS 2105/2105-15...................20 ILCS 2105/60
20 ILCS 2105/2105-25...................20 ILCS 2105/60.01
20 ILCS 2105/2105-40...................20 ILCS 2105/61
20 ILCS 2105/2105-55...................20 ILCS 2105/61c
20 ILCS 2105/2105-75...................20 ILCS 2105/61f
(formerly 110 ILCS
355/62.1; revised
10-28-98)
20 ILCS 2105/2105-100..................20 ILCS 2105/60c
20 ILCS 2105/2105-105..................20 ILCS 2105/60d
20 ILCS 2105/2105-110..................20 ILCS 2105/60e
20 ILCS 2105/2105-115..................20 ILCS 2105/60f
20 ILCS 2105/2105-120..................20 ILCS 2105/60g
20 ILCS 2105/2105-125..................20 ILCS 2105/60h
20 ILCS 2105/2105-150..................20 ILCS 2105/60m
20 ILCS 2105/2105-155..................20 ILCS 2105/60n
20 ILCS 2105/2105-175..................20 ILCS 2105/60a,
in part
20 ILCS 2105/2105-200..................20 ILCS 2105/60.1
20 ILCS 2105/2105-205..................20 ILCS 2105/60.3
20 ILCS 2105/2105-210..................20 ILCS 2105/60.2
20 ILCS 2105/2105-215..................20 ILCS 2105/61a
20 ILCS 2105/2105-220..................20 ILCS 2105/61b
20 ILCS 2105/2105-300..................20 ILCS 2105/61e
20 ILCS 2105/2105-325..................20 ILCS 2105/60a,
in part
20 ILCS 2205/2205-1....................new
20 ILCS 2205/2205-5....................20 ILCS 2205/48a
20 ILCS 2205/2205-10...................20 ILCS 2205/48b
20 ILCS 2310/2310-1....................new
20 ILCS 2310/2310-5....................new
20 ILCS 2310/2310-10...................20 ILCS 2310/55
20 ILCS 2310/2310-15...................20 ILCS 2310/55.02
20 ILCS 2310/2310-20...................20 ILCS 2310/55.17
20 ILCS 2310/2310-25...................20 ILCS 2310/55.05
20 ILCS 2310/2310-30...................20 ILCS 2310/55.12
20 ILCS 2310/2310-35...................20 ILCS 2310/55.27
20 ILCS 2310/2310-40...................20 ILCS 2310/55.28
20 ILCS 2310/2310-45...................20 ILCS 2310/55.29
20 ILCS 2310/2310-50...................20 ILCS 2310/55.19
20 ILCS 2310/2310-55...................20 ILCS 2310/55.14
20 ILCS 2310/2310-60...................20 ILCS 2310/55.22
20 ILCS 2310/2310-65...................20 ILCS 2310/55.26
20 ILCS 2310/2310-75...................20 ILCS 2310/55.38
20 ILCS 2310/2310-80...................20 ILCS 2310/55.89
20 ILCS 2310/2310-90...................20 ILCS 2310/55.09
20 ILCS 2310/2310-100..................20 ILCS 2310/55.16
20 ILCS 2310/2310-105..................20 ILCS 2310/55.18
20 ILCS 2310/2310-110..................20 ILCS 2310/55.25
20 ILCS 2310/2310-130..................20 ILCS 2310/55.82
20 ILCS 2310/2310-135..................20 ILCS 2310/55.37
20 ILCS 2310/2310-140..................20 ILCS 2310/55.37a
20 ILCS 2310/2310-155..................20 ILCS 2310/55.24
20 ILCS 2310/2310-170..................20 ILCS 2310/55.30
20 ILCS 2310/2310-185..................20 ILCS 2310/55.51
20 ILCS 2310/2310-195..................20 ILCS 2310/55.39
20 ILCS 2310/2310-200..................20 ILCS 2310/55.53
20 ILCS 2310/2310-205..................20 ILCS 2310/55.57
20 ILCS 2310/2310-210..................20 ILCS 2310/55.62a
20 ILCS 2310/2310-215..................20 ILCS 2310/55.62
20 ILCS 2310/2310-220..................20 ILCS 2310/55.73
20 ILCS 2310/2310-225..................20 ILCS 2310/55.58
20 ILCS 2310/2310-230..................20 ILCS 2310/55.67
20 ILCS 2310/2310-235..................20 ILCS 2310/55.63
20 ILCS 2310/2310-250..................20 ILCS 2310/55.13
20 ILCS 2310/2310-255..................20 ILCS 2310/55.75
20 ILCS 2310/2310-275..................20 ILCS 2310/55.61
20 ILCS 2310/2310-300..................20 ILCS 2310/55.78
20 ILCS 2310/2310-305..................20 ILCS 2310/55.64
20 ILCS 2310/2310-310..................20 ILCS 2310/55.79
20 ILCS 2310/2310-315..................20 ILCS 2310/55.41
20 ILCS 2310/2310-320..................20 ILCS 2310/55.56
20 ILCS 2310/2310-325..................20 ILCS 2310/55.45
20 ILCS 2310/2310-330..................20 ILCS 2310/55.46
20 ILCS 2310/2310-335..................20 ILCS 2310/55.43
20 ILCS 2310/2310-340..................20 ILCS 2310/55.68
20 ILCS 2310/2310-345..................20 ILCS 2310/55.49
20 ILCS 2310/2310-350..................20 ILCS 2310/55.70
20 ILCS 2310/2310-352..................20 ILCS 2310/55.86
20 ILCS 2310/2310-355..................20 ILCS 2310/55.23
20 ILCS 2310/2310-360..................20 ILCS 2310/55.80
20 ILCS 2310/2310-365..................20 ILCS 2310/55.31b
20 ILCS 2310/2310-370..................20 ILCS 2310/55.76
20 ILCS 2310/2310-375..................20 ILCS 2310/55.36
20 ILCS 2310/2310-380..................20 ILCS 2310/55.52
20 ILCS 2310/2310-385..................20 ILCS 2310/55.31a
20 ILCS 2310/2310-390..................20 ILCS 2310/55.65
20 ILCS 2310/2310-392..................20 ILCS 2310/55.85
20 ILCS 2310/2310-395..................20 ILCS 2310/55.72
20 ILCS 2310/2310-397..................20 ILCS 2310/55.90
20 ILCS 2310/2310-400..................20 ILCS 2310/55.83
20 ILCS 2310/2310-405..................20 ILCS 2310/55.55
20 ILCS 2310/2310-410..................20 ILCS 2310/55.42
20 ILCS 2310/2310-415..................20 ILCS 2310/55.81
20 ILCS 2310/2310-420..................20 ILCS 2310/55.74
20 ILCS 2310/2310-425..................20 ILCS 2310/55.66
20 ILCS 2310/2310-430..................20 ILCS 2310/55.69
20 ILCS 2310/2310-435..................20 ILCS 2310/55.44
20 ILCS 2310/2310-440..................20 ILCS 2310/55.54
20 ILCS 2310/2310-442..................20 ILCS 2310/55.84
20 ILCS 2310/2310-445..................20 ILCS 2310/55.71
20 ILCS 2310/2310-500..................20 ILCS 2310/55.07
20 ILCS 2310/2310-505..................20 ILCS 2310/55.08
20 ILCS 2310/2310-510..................20 ILCS 2310/55.15
20 ILCS 2310/2310-530..................20 ILCS 2310/55.04
20 ILCS 2310/2310-535..................20 ILCS 2310/55.21
20 ILCS 2310/2310-540..................20 ILCS 2310/55.31
20 ILCS 2310/2310-545..................20 ILCS 2310/55.20
20 ILCS 2310/2310-550..................20 ILCS 2310/55.40
20 ILCS 2310/2310-555..................20 ILCS 2310/55.06
20 ILCS 2310/2310-560..................20 ILCS 2310/55.87
20 ILCS 2310/2310-565..................20 ILCS 2310/55.88
20 ILCS 2310/2310-575..................20 ILCS 2310/55.10
20 ILCS 2310/2310-580..................20 ILCS 2310/55.11
20 ILCS 2505/2505-1....................new
20 ILCS 2505/2505-5....................new
20 ILCS 2505/2505-10...................20 ILCS 2505/39b
20 ILCS 2505/2505-15...................20 ILCS 2505/39b1
20 ILCS 2505/2505-20...................20 ILCS 2505/39b2
20 ILCS 2505/2505-25...................20 ILCS 2505/39b3
20 ILCS 2505/2505-30...................20 ILCS 2505/39b4
20 ILCS 2505/2505-35...................20 ILCS 2505/39b5
20 ILCS 2505/2505-40...................20 ILCS 2505/39b6
20 ILCS 2505/2505-45...................20 ILCS 2505/39b7
20 ILCS 2505/2505-60...................20 ILCS 2505/39b10
20 ILCS 2505/2505-65...................20 ILCS 2505/39b12
20 ILCS 2505/2505-70...................20 ILCS 2505/39b24
20 ILCS 2505/2505-80...................20 ILCS 2505/39b26
20 ILCS 2505/2505-85...................20 ILCS 2505/39b27
20 ILCS 2505/2505-90...................20 ILCS 2505/39b28
20 ILCS 2505/2505-95...................20 ILCS 2505/39b29
20 ILCS 2505/2505-100..................20 ILCS 2505/39b30
20 ILCS 2505/2505-105..................20 ILCS 2505/39b31
20 ILCS 2505/2505-175..................20 ILCS 2505/39c-2
20 ILCS 2505/2505-190..................20 ILCS 2505/39c-4
20 ILCS 2505/2505-200..................20 ILCS 2505/39c-1a
20 ILCS 2505/2505-205..................20 ILCS 2505/39c-1b
20 ILCS 2505/2505-210..................20 ILCS 2505/39c-1
20 ILCS 2505/2505-215..................20 ILCS 2505/39c-3
20 ILCS 2505/2505-250..................20 ILCS 2505/39c
20 ILCS 2505/2505-275..................20 ILCS 2505/39e
20 ILCS 2505/2505-300..................20 ILCS 2505/39b15
20 ILCS 2505/2505-305..................20 ILCS 2505/39b15.1
20 ILCS 2505/2505-310..................20 ILCS 2505/39b15.2
20 ILCS 2505/2505-315..................20 ILCS 2505/39b16
20 ILCS 2505/2505-320..................20 ILCS 2505/39b17
20 ILCS 2505/2505-340..................20 ILCS 2505/39b35.1
20 ILCS 2505/2505-360..................20 ILCS 2505/39b48
20 ILCS 2505/2505-380..................20 ILCS 2505/39b47
20 ILCS 2505/2505-400..................20 ILCS 2505/39b49
20 ILCS 2505/2505-405..................20 ILCS 2505/39c-1c
20 ILCS 2505/2505-425..................20 ILCS 2505/39b54
20 ILCS 2505/2505-450..................20 ILCS 2505/39b18
20 ILCS 2505/2505-475..................20 ILCS 2505/39b32
20 ILCS 2505/2505-500..................20 ILCS 2505/39b11
20 ILCS 2505/2505-505..................20 ILCS 2505/39b20
20 ILCS 2505/2505-510..................20 ILCS 2505/39b20.1
20 ILCS 2505/2505-550..................20 ILCS 2505/39b51
20 ILCS 2505/2505-575..................20 ILCS 2505/39b53
20 ILCS 2505/2505-600..................20 ILCS 2505/39b21
20 ILCS 2505/2505-605..................20 ILCS 2505/39b22
20 ILCS 2505/2505-625..................20 ILCS 2505/39b35
20 ILCS 2505/2505-630..................20 ILCS 2505/39b36
20 ILCS 2505/2505-650..................20 ILCS 2505/39b52
20 ILCS 2505/2505-675..................20 ILCS 2505/39b50
20 ILCS 2505/2505-700..................20 ILCS 2505/39b13
20 ILCS 2505/2505-705..................20 ILCS 2505/39b14
20 ILCS 2505/2505-730..................20 ILCS 2505/39b23
20 ILCS 2505/2505-790..................20 ILCS 2505/39b33
20 ILCS 2505/2505-795..................20 ILCS 2505/39b19
20 ILCS 2605/2605-1....................new
20 ILCS 2605/2605-5....................new
20 ILCS 2605/2605-10...................20 ILCS 2605/55a,
subsec. (A), in part
20 ILCS 2605/2605-15...................20 ILCS 2605/55a,
subdiv. (A)26
20 ILCS 2605/2605-25...................20 ILCS 2605/55a-1
20 ILCS 2605/2605-30...................20 ILCS 2605/55a-2
20 ILCS 2605/2605-35...................20 ILCS 2605/55a-3
20 ILCS 2605/2605-40...................20 ILCS 2605/55a-4
20 ILCS 2605/2605-45...................20 ILCS 2605/55a-5
20 ILCS 2605/2605-50...................20 ILCS 2605/55a-6
20 ILCS 2605/2605-75...................20 ILCS 2605/55a,
subsec. (C)
20 ILCS 2605/2605-100..................20 ILCS 2605/55a,
subdiv. (A)1
20 ILCS 2605/2605-105..................20 ILCS 2605/55a,
subdiv. (A)2
20 ILCS 2605/2605-110..................20 ILCS 2605/55a,
subdiv. (A)3
20 ILCS 2605/2605-115..................20 ILCS 2605/55a,
subdiv. (A)9
20 ILCS 2605/2605-120..................20 ILCS 2605/55a,
subdiv. (A)10
20 ILCS 2605/2605-130..................20 ILCS 2605/55a,
subdiv. (A)23
20 ILCS 2605/2605-135..................20 ILCS 2605/55c
20 ILCS 2605/2605-140..................20 ILCS 2605/55a,
subdiv. (A)8
20 ILCS 2605/2605-190..................20 ILCS 2605/55a,
subdiv. (A)11
20 ILCS 2605/2605-200..................20 ILCS 2605/55a,
subdiv. (A)4
20 ILCS 2605/2605-205..................20 ILCS 2605/55a,
subdiv. (A)17
20 ILCS 2605/2605-210..................20 ILCS 2605/55a,
subdiv. (A)29
20 ILCS 2605/2605-215..................20 ILCS 2605/55a,
subdiv. (A)14
20 ILCS 2605/2605-220..................20 ILCS 2605/55a-7
20 ILCS 2605/2605-250..................20 ILCS 2605/55a,
subdiv. (A)15
20 ILCS 2605/2605-275..................20 ILCS 2605/55a,
subdiv. (A)30
20 ILCS 2605/2605-300..................20 ILCS 2605/55a,
subdiv. (A)5
20 ILCS 2605/2605-305..................20 ILCS 2605/55a,
subsec. (B)
20 ILCS 2605/2605-315..................20 ILCS 2605/55a,
subdiv. (A)34
20 ILCS 2605/2605-320..................20 ILCS 2605/55a,
subdiv. (A)36
20 ILCS 2605/2605-325..................20 ILCS 2605/55a,
subdiv. (A)25
20 ILCS 2605/2605-335..................20 ILCS 2605/55a,
subdiv. (A)28
20 ILCS 2605/2605-340..................20 ILCS 2605/55a,
subdiv. (A)32
20 ILCS 2605/2605-350..................20 ILCS 2605/55a,
subdiv. (A)18
20 ILCS 2605/2605-355..................20 ILCS 2605/55a,
subdiv. (A)19
20 ILCS 2605/2605-360..................20 ILCS 2605/55a,
subdiv. (A)20
20 ILCS 2605/2605-365..................20 ILCS 2605/55a,
subdiv. (A)21
20 ILCS 2605/2605-375..................20 ILCS 2605/55a,
subdiv. (A)24
20 ILCS 2605/2605-377..................20 ILCS 2605/55a,
subdiv. (A)35
20 ILCS 2605/2605-380..................20 ILCS 2605/55a-8
20 ILCS 2605/2605-390..................20 ILCS 2605/55a,
subdiv. (A)31
20 ILCS 2605/2605-400..................20 ILCS 2605/55a,
subdiv. (A)22
20 ILCS 2605/2605-405..................20 ILCS 2605/55a,
subdiv. (A)33
20 ILCS 2605/2605-420..................20 ILCS 2605/55a,
subdiv. (A)16
20 ILCS 2605/2605-430..................20 ILCS 2605/55a,
subdiv. (A)7
20 ILCS 2605/2605-435..................20 ILCS 2605/55a,
subdiv. (A)27
20 ILCS 2605/2605-500..................20 ILCS 2605/55a,
subdiv. (A)6
20 ILCS 2605/2605-505..................20 ILCS 2605/55b
20 ILCS 2605/2605-525..................20 ILCS 2605/55a,
subdiv. (A)13
20 ILCS 2605/2605-550..................20 ILCS 2605/55a,
subdiv. (A)12
20 ILCS 2705/2705-1....................new
20 ILCS 2705/2705-5....................new
20 ILCS 2705/2705-10...................20 ILCS 2705/49,
in part
20 ILCS 2705/2705-15...................20 ILCS 2705/49,
in part, and 2705/49.23
20 ILCS 2705/2705-90...................20 ILCS 2705/49.31
20 ILCS 2705/2705-100..................20 ILCS 2705/49.01a
20 ILCS 2705/2705-105..................20 ILCS 2705/49.06a
20 ILCS 2705/2705-110..................20 ILCS 2705/49.07a
20 ILCS 2705/2705-115..................20 ILCS 2705/49.08a
20 ILCS 2705/2705-120..................20 ILCS 2705/49.11
20 ILCS 2705/2705-125..................20 ILCS 2705/49.22
20 ILCS 2705/2705-175..................20 ILCS 2705/49.24
20 ILCS 2705/2705-200..................20 ILCS 2705/49.16
20 ILCS 2705/2705-205..................20 ILCS 2705/49.21
20 ILCS 2705/2705-210..................20 ILCS 2705/49.15
20 ILCS 2705/2705-215..................20 ILCS 2705/49.27
20 ILCS 2705/2705-225..................20 ILCS 2705/49.02a
20 ILCS 2705/2705-240..................20 ILCS 2705/49.17
20 ILCS 2705/2705-245..................20 ILCS 2705/49.20
20 ILCS 2705/2705-255..................20 ILCS 2705/49.14
20 ILCS 2705/2705-265..................20 ILCS 2705/49.33
20 ILCS 2705/2705-275..................20 ILCS 2705/49.25j
20 ILCS 2705/2705-285..................20 ILCS 2705/49.06b
20 ILCS 2705/2705-300..................20 ILCS 2705/49.18
20 ILCS 2705/2705-305..................20 ILCS 2705/49.19
20 ILCS 2705/2705-310..................20 ILCS 2705/49.19a
20 ILCS 2705/2705-315..................20 ILCS 2705/49.19b
20 ILCS 2705/2705-350..................20 ILCS 2705/49.26
20 ILCS 2705/2705-375..................20 ILCS 2705/49.34
20 ILCS 2705/2705-400..................20 ILCS 2705/49.25a
20 ILCS 2705/2705-405..................20 ILCS 2705/49.25b
20 ILCS 2705/2705-410..................20 ILCS 2705/49.25c
20 ILCS 2705/2705-415..................20 ILCS 2705/49.25d
20 ILCS 2705/2705-420..................20 ILCS 2705/49.25e
20 ILCS 2705/2705-425..................20 ILCS 2705/49.25f
20 ILCS 2705/2705-430..................20 ILCS 2705/49.25g
20 ILCS 2705/2705-435..................20 ILCS 2705/49.25g-1
20 ILCS 2705/2705-440..................20 ILCS 2705/49.25h
20 ILCS 2705/2705-445..................20 ILCS 2705/49.25i
20 ILCS 2705/2705-450..................20 ILCS 2705/49.25h-1
20 ILCS 2705/2705-500..................20 ILCS 2705/49.29
20 ILCS 2705/2705-505..................20 ILCS 2705/49.30
20 ILCS 2705/2705-510..................20 ILCS 2705/49.15a
20 ILCS 2705/2705-550..................20 ILCS 2705/49.12
20 ILCS 2705/2705-575..................20 ILCS 2705/49.28
110 ILCS 355/3000-1....................new
110 ILCS 355/3000-5....................110 ILCS 355/62
ARTICLE 99. EFFECTIVE DATE
Section 99-5. Effective date. This Act takes effect
January 1, 2000.
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