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Public Act 91-0357
SB745 Enrolled LRB9101253EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 1999 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers
certain Sections that have been added or amended by more than
one Public Act. In certain cases in which a repealed Act or
Section has been replaced with a successor law, this Act
incorporates amendments to the repealed Act or Section into
the successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each
amended Section indicates the sources in the Session Laws of
Illinois that were used in the preparation of the text of
that Section. The text of the Section included in this Act
is intended to include the different versions of the Section
found in the Public Acts included in the list of sources, but
may not include other versions of the Section to be found in
Public Acts not included in the list of sources. The list of
sources is not a part of the text of the Section.
(d) Public Acts 90-567 through 90-810 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking
or underscoring because no additional changes are being made
in the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.18 as follows:
(5 ILCS 80/4.18)
Sec. 4.18. Acts repealed January 1, 2008. The following
Acts are repealed on January 1, 2008:
The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Nursing and Advanced Practice Nursing Act of
1987.
The Illinois Petroleum Education and Marketing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Pharmacy Practice Act of 1987.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Real Estate Appraiser Licensing Act.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571,
eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff
7-30-98; revised 9-23-98.)
(5 ILCS 80/4.19 rep.)
Section 5.1. The Regulatory Sunset Act is amended by
repealing Section 4.19 as added by Public Act 90-614.
Section 6. The Illinois Administrative Procedure Act is
amended by changing Sections 5-45 and 5-100 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 this amendatory Act of 1998 or any other
budget initiative for fiscal year 1999 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (d). The adoption of
emergency rules authorized by this subsection (d) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
(5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
Sec. 5-80. Publication of rules.
(a) The Secretary of State shall, by rule, prescribe a
uniform system for the codification of rules. The Secretary
of State shall also, by rule, establish a schedule for
compliance with the uniform codification system. The
Secretary of State shall not adopt any codification system or
schedule under this subsection without the approval of the
Joint Committee on Administrative Rules. Approval by the
Joint Committee shall be conditioned solely upon establishing
that the proposed codification system and schedule are
compatible with existing electronic data processing equipment
and programs maintained by and for the General Assembly.
Nothing in this Section shall prohibit an agency from
adopting rules in compliance with the codification system
earlier than specified in the schedule.
(b) Each rule proposed in compliance with the
codification system shall be reviewed by the Secretary of
State before the expiration of the public notice period under
subsection (b) of Section 5-40. The Secretary of State shall
cooperate with agencies in the Secretary of State's review to
insure that the purposes of the codification system are
accomplished. The Secretary of State shall have the authority
to make changes in the numbering and location of the rule in
the codification scheme if those changes do not affect the
meaning of the rules. The Secretary of State may recommend
changes in the sectioning and headings proposed by the agency
and suggest grammatical and technical changes to correct
errors. The Secretary of State may add notes concerning the
statutory authority, dates proposed and adopted, and other
similar notes to the text of the rules, if the notes are not
supplied by the agency. This review by the Secretary of
State shall be for the purpose of insuring the uniformity of
and compliance with the codification system. The Secretary
of State shall prepare indexes by agency, subject matter, and
statutory authority and any other necessary indexes, tables,
and other aids for locating rules to assist the public in the
use of the Code.
(c) The Secretary of State shall make available to the
agency and the Joint Committee on Administrative Rules copies
of the changes in the numbering and location of the rule in
the codification scheme, the recommended changes in the
sectioning and headings, and the suggestions made concerning
the correction of grammatical and technical errors or other
suggested changes. The agency, in the notice required by
subsection (c) of Section 5-40, shall provide to the Joint
Committee a response to the recommendations of the Secretary
of State including any reasons for not adopting the
recommendations.
(d) If a reorganization of agencies, transfer of
functions between agencies, or abolishment of agencies by
executive order or law affects rules on file with the
Secretary of State, the Secretary of State shall notify the
Governor, the Attorney General, and the agencies involved of
the effects upon the rules on file. If the Governor or the
agencies involved do not respond to the Secretary of State's
notice within 45 days by instructing the Secretary of State
to delete or transfer the rules, the Secretary of State may
delete or place the rules under the appropriate agency for
the purpose of insuring the consistency of the codification
scheme and shall notify the Governor, the Attorney General,
and the agencies involved.
(e) (Blank).
(f) The Secretary of State shall ensure that the
Illinois Administrative Code is published and made available
to the public in a form that is updated at least annually.
The Code shall contain the complete text of all rules of all
State agencies filed with the Secretary's office and
effective on October 1, 1984, or later and the indexes,
tables, and other aids for locating rules prepared by the
Secretary of State. The Secretary of State shall design the
Illinois Register to supplement the Code. The Secretary of
State shall ensure that copies of the Illinois Register are
available to the public and governmental entities and
agencies.
If the Secretary of State determines that the Secretary's
office will publish and distribute either the Register or the
Code, the Secretary shall make copies available to the public
at a reasonable fee, established by the Secretary by rule,
and shall make copies available to governmental entities and
agencies at a price covering publication and mailing costs
only.
The Secretary of State shall make the electronically
stored database of the Illinois Register and the Code
available in accordance with this Section and Section 5.08 of
the Legislative Information System Act.
(g) The publication of a rule in the Code or in the
Illinois Register as an adopted rule shall establish a
rebuttable presumption that the rule was duly filed and that
the text of the rule as published in the Code is the text of
the rule as adopted. Publication of the text of a rule in any
other location whether by the agency or some other person
shall not be taken as establishing such a presumption.
Judicial or official notice shall be taken of the text of
each rule published in the Code or Register.
(h) The codification system, the indexes, tables, and
other aids for locating rules prepared by the Secretary of
State, notes, and other materials developed under this
Section in connection with the publication of the Illinois
Administrative Code and the Illinois Register shall be the
official compilations of the administrative rules of Illinois
and shall be entirely in the public domain for purposes of
federal copyright law.
(i) The Legislative Information System shall maintain on
its electronic data processing equipment the complete text of
the Illinois Register and Illinois Administrative Code
created in compliance with this Act. This electronic
information shall be made available for use in the
publication of the Illinois Register and Illinois
Administrative Code by the Secretary of State if the
Secretary determines that his office will publish these
materials as authorized by subsection (f).
(j) The Legislative Information System, upon
consultation with the Joint Committee on Administrative Rules
and the Secretary of State, shall make the electronically
stored database of the Illinois Register and the Illinois
Administrative Code available in an electronically stored
medium to those who request it. The Legislative Information
System shall establish and charge a reasonable fee for
providing the electronic information. Amounts received under
this Section shall be deposited into the General Assembly
Computer Equipment Revolving Fund.
(Source: P.A. 87-823; 88-535; revised 10-31-98.)
Section 7. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, (hh) information that
would disclose or might lead to the disclosure of secret
or confidential information, codes, algorithms, programs,
or private keys intended to be used to create electronic
or digital signatures under the Electronic Commerce
Security Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
Section 8. The Illinois Notary Public Act is amended by
changing Sections 2-104 and 3-106 as follows:
(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
Sec. 2-104. Oath. Every applicant for appointment and
commission as a notary public shall take the following oath
in the presence of a person qualified to administer an oath
in this State:
"I, (name of applicant), solemnly affirm, under the
penalty of perjury, that the answers to all questions in this
application are true, complete, and correct; that I have
carefully read the notary law of this State; and that, if
appointed and commissioned as a notary public, I will perform
faithfully, to the best of my ability, all notarial acts in
accordance with the law.
................. (Signature of applicant)
Subscribed and affirmed before me on (insert date). this
____ day of ____, 19__.
................... (Official signature and official seal
of notary)".
(Source: P.A. 84-322; revised 10-20-98.)
(5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
Sec. 3-106. Certificate of Authority. Upon the receipt
of a written request, the notarized document, and a fee of $2
payable to the Secretary of State or County Clerk, the Office
of the Secretary of State or County Clerk shall provide a
certificate of authority in substantially the following form:
I ............... (Secretary of State or ......... County
Clerk) of the State of Illinois, which office is an office of
record having a seal, certify that ........ (notary's name),
by whom the foregoing or annexed document was notarized, was,
on (insert date), the ____ day of ____, 19__, appointed and
commissioned a notary public in and for the State of Illinois
and that as such, full faith and credit is and ought to be
given to this notary's official attestations. In testimony
whereof, I have affixed my signature and the seal of this
office on (insert date). this ____ day of ____, 19__.
................................................
(Secretary of State or ...... County Clerk).
(Source: P.A. 84-322; revised 10-20-98.)
Section 9. The Voluntary Payroll Deductions Act of 1983
is amended by changing Sections 3 and 7 as follows:
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the
context otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to
the State of Illinois.
(b) "Qualified organization" means an organization
representing one or more benefiting agencies, which
organization is designated by the State Comptroller as
qualified to receive payroll deductions under this Act. An
organization desiring to be designated as a qualified
organization shall:
(1) Submit written designations on forms approved
by the State Comptroller by 4,000 or more employees, in
which such employees indicate that the organization is
one for which the employee intends to authorize
withholding. The forms shall require the name, social
security number, and employing State agency for each
employee. Upon notification by the Comptroller that such
forms have been approved, the organization shall, within
30 days, notify in writing the Governor or his designee
of its intention to obtain the required number of
designations. Such organization shall have 12 months
from that date, to obtain the necessary designations. The
signed forms and signatures on the forms shall be subject
to verification by the State Comptroller;
(2) Certify that all benefiting agencies are tax
exempt under Section 501(c)(3) of the Internal Revenue
Code;
(3) Certify that all benefiting agencies are in
compliance with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in
compliance with the Charitable Trust Act and the
Solicitation for Charity Act;
(5) Certify that all benefiting agencies actively
conduct health or welfare programs and provide services
to individuals directed at one or more of the following
common human needs within a community: service, research,
and education in the health fields; family and child care
services; protective services for children and adults;
services for children and adults in foster care; services
related to the management and maintenance of the home;
day care services for adults; transportation services;
information, referral and counseling services; services
to eliminate illiteracy; the preparation and delivery of
meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety
services; neighborhood and community organization
services; recreation services; social adjustment and
rehabilitation services; health support services; or a
combination of such services designed to meet the special
needs of specific groups, such as children and youth, the
ill and infirm, and the physically handicapped; and that
all such benefiting agencies provide the above described
services to individuals and their families in the
community and surrounding area in which the organization
conducts its fund drive, or that such benefiting agencies
provide relief to victims of natural disasters and other
emergencies on a where and as needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts
from employees that are distributed to the benefiting
agencies and the percentage of the organization's total
collected receipts from employees that are expended for
fund-raising and overhead costs. These percentages shall
be the same percentage figures annually disclosed by the
organization to the Attorney General. The disclosure
shall be made to all solicited employees and shall be in
the form of a factual statement on all petitions and in
the campaign's employee brochure;
(7) Certify that all benefiting agencies receiving
funds which the employee has requested or designated for
distribution to a particular community and surrounding
area use a majority of such funds distributed for
services in the actual provision of services in that
community and surrounding area;
(8) Certify that neither it nor its member
organizations will solicit State employees for
contributions at their workplace, except pursuant to this
Act and the rules promulgated thereunder. Each qualified
organization, and each participating United Fund, is
encouraged to cooperate with all others and with all
State agencies and educational institutions so as to
simplify procedures, to resolve differences and to
minimize costs;
(9) Certify that it will pay its share of the
campaign costs and will comply with the Code of Campaign
Conduct as approved by the Governor or other agency as
designated by the Governor;
(10) Certify that it maintains a year-round office,
the telephone number, and person responsible for the
operations of the organization in Illinois. That
information shall be provided to the State Comptroller at
the time the organization is seeking participation under
this Act; and
(11) Provide (i) an annual audit, in conformance
with generally accepted accounting procedures and current
to within 12 months of the organization's fiscal
year-end, (ii) Internal Revenue Service Form 990 covering
the same period as the submitted audit, and (iii) an
annual report of the organization's activities, current
to within 12 months of the organization's fiscal year. If
a qualifying organization represents more than one
benefiting agency, it shall also certify that the
documentation required by this paragraph is on file for
those agencies. The Comptroller is authorized to request
documentation of the qualifying organization for any or
all of the benefiting agencies upon written request. The
qualifying organization shall have 10 business days to
respond after it receives the request.
Each qualified organization shall submit to the State
Comptroller between January 1 and March 1 of each year, a
statement that the organization is in compliance with all of
the requirements set forth in paragraphs (2) through (11).
The State Comptroller shall exclude any organization that
fails to submit the statement from the next solicitation
period.
In order to be designated as a qualified organization,
the organization shall have existed at least 2 years prior to
submitting the written designation forms required in
paragraph (1) and shall certify to the State Comptroller that
such organization has been providing services described in
paragraph (5) in Illinois. If the organization seeking
designation represents more than one benefiting agency, it
need not have existed for 2 years but shall certify to the
State Comptroller that each of its benefiting agencies has
existed for at least 2 years prior to submitting the written
designation forms required in paragraph (1) and that each has
been providing services described in paragraph (5) in
Illinois.
Organizations which have met the requirements of this Act
shall be permitted to participate in the State and
Universities Combined Appeal as of January 1st of the year
immediately following their approval by the Comptroller.
Where the certifications described in paragraphs (2),
(3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
6, 7, 8, 9, 10, and 11 above are made by an organization
representing more than one benefiting agency they shall be
based upon the knowledge and belief of such qualified
organization. Any qualified organization shall immediately
notify the State Comptroller in writing if the qualified
organization receives information or otherwise believes that
a benefiting agency is no longer in compliance with the
certification of the qualified organization. A qualified
organization representing more than one benefiting agency
shall thereafter withhold and refrain from distributing to
such benefiting agency those funds received pursuant to this
Act until the benefiting agency is again in compliance with
the qualified organization's certification. The qualified
organization shall immediately notify the State Comptroller
of the benefiting agency's resumed compliance with the
certification, based upon the qualified organization's
knowledge and belief, and shall pay over to the benefiting
agency those funds previously withheld.
The Comptroller shall, by February 1st of each year, so
notify any qualified organization that failed to receive at
least 500 payroll deduction pledges during each immediately
preceding solicitation period as set forth in Section 6. The
notification shall give such qualified organization until
March 1st to provide the Comptroller with documentation that
the 500 deduction requirement has been met. On the basis of
all the documentation, the Comptroller shall, by March 15th
of each year, submit to the Governor or his designee, or such
other agency as may be determined by the Governor, a list of
all organizations which have met the 500 payroll deduction
requirement. Only those organizations which have met such
requirements, as well as the other requirements of this
Section, shall be permitted to solicit State employees for
voluntary contributions and the Comptroller shall discontinue
withholding for any such organization which fails to meet
these requirements.
(c) "United Fund" means the organization conducting the
single, annual, consolidated effort to secure funds for
distribution to agencies engaged in charitable and public
health, welfare and services purposes, which is commonly
known as the United Fund, or the organization which serves in
place of the United Fund organization in communities where an
organization known as the United Fund is not organized.
(d) "State and Universities Employees Combined Appeal"
(SECA), otherwise known as "SECA", means the State-directed
joint effort of all of the qualified organizations, together
with the United Funds, for the solicitation of voluntary
contributions from State and University employees.
In order for a United Fund to participate in the State
and Universities Employees Combined Appeal, it shall comply
with the provisions of Section 3, paragraph (9) of subsection
(b).
(Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
(5 ILCS 340/7) (from Ch. 15, par. 507)
Sec. 7. Notwithstanding any other provision of this Act,
a participating organization or a United Fund may be denied
participation in SECA for willful failure to comply with the
provisions of paragraph (9) of subsection (b) of Section 3 of
this Act. The agency designated by the Governor under
paragraph (9) of subsection (b) of Section 3 of this Act
shall adopt rules providing for procedures for review by the
agency of alleged violations of that paragraph and
appropriate remedial sanctions for noncompliance. The rules
shall include an appeal procedure for any affected
participating organization or United Fund. The agency
designated by the Governor shall notify the Comptroller
immediately of any final decision to remove a qualified
organization or United Fund from participation in SECA.
(Source: P.A. 87-1053; revised 10-31-98.)
Section 9.1. The State Employees Group Insurance Act of
1971 is amended by changing Section 10 as follows:
(5 ILCS 375/10) (from Ch. 127, par. 530)
Sec. 10. Payments by State; premiums.
(a) The State shall pay the cost of basic
non-contributory group life insurance and, subject to member
paid contributions set by the Department or required by this
Section, the basic program of group health benefits on each
eligible member, except a member, not otherwise covered by
this Act, who has retired as a participating member under
Article 2 of the Illinois Pension Code but is ineligible for
the retirement annuity under Section 2-119 of the Illinois
Pension Code, and part of each eligible member's and retired
member's premiums for health insurance coverage for enrolled
dependents as provided by Section 9. The State shall pay the
cost of the basic program of group health benefits only after
benefits are reduced by the amount of benefits covered by
Medicare for all retired members and retired dependents aged
65 years or older who are entitled to benefits under Social
Security or the Railroad Retirement system or who had
sufficient Medicare-covered government employment except that
such reduction in benefits shall apply only to those retired
members or retired dependents who (1) first become eligible
for such Medicare coverage on or after July 1, 1992; or (2)
remain eligible for, but no longer receive Medicare coverage
which they had been receiving on or after July 1, 1992. The
Department may determine the aggregate level of the State's
contribution on the basis of actual cost of medical services
adjusted for age, sex or geographic or other demographic
characteristics which affect the costs of such programs.
(a-1) Beginning January 1, 1998, for each person who
becomes a new SERS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SERS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-2) Beginning January 1, 1998, for each person who
becomes a new SERS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Employees' Retirement System of Illinois on the date of
death, up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more years of creditable service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
(a-3) Beginning January 1, 1998, for each person who
becomes a new SURS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SURS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-4) Beginning January 1, 1998, for each person who
becomes a new SURS retired employee and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the retired employee's coverage
under the basic program of group health benefits an amount
equal to 5% of that cost for each full year that the retired
employee was an employee as defined in Section 3, up to a
maximum of 100% for a retired employee who was an employee
for 20 or more years. The remainder of the cost of a new
SURS retired employee's coverage under the basic program of
group health benefits shall be the responsibility of the
retired employee.
(a-5) Beginning January 1, 1998, for each person who
becomes a new SURS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Universities Retirement System on the date of death, up to a
maximum of 100% for a survivor of an employee or annuitant
with 20 or more years of creditable service. The remainder
of the cost of the new SURS survivor's coverage under the
basic program of group health benefits shall be the
responsibility of the survivor.
(a-6) Beginning July 1, 1998, for each person who
becomes a new TRS State annuitant and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the annuitant's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of creditable service as a
teacher as defined in paragraph (2), (3), or (5) of Section
16-106 of the Illinois Pension Code upon which the
annuitant's retirement annuity is based, up to a maximum of
100% for an annuitant with 20 or more years of such
creditable service. The remainder of the cost of a new TRS
State annuitant's coverage under the basic program of group
health benefits shall be the responsibility of the annuitant.
(a-7) Beginning July 1, 1998, for each person who
becomes a new TRS State survivor and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the survivor's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of the deceased employee's
or deceased annuitant's creditable service as a teacher as
defined in paragraph (2), (3), or (5) of Section 16-106 of
the Illinois Pension Code on the date of death, up to a
maximum of 100% for a survivor of an employee or annuitant
with 20 or more years of such creditable service. The
remainder of the cost of the new TRS State survivor's
coverage under the basic program of group health benefits
shall be the responsibility of the survivor.
(a-8) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, new SURS survivor, new
TRS State annuitant, or new TRS State survivor may waive or
terminate coverage in the program of group health benefits.
Any such annuitant, survivor, or retired employee who has
waived or terminated coverage may enroll or re-enroll in the
program of group health benefits only during the annual
benefit choice period, as determined by the Director; except
that in the event of termination of coverage due to
nonpayment of premiums, the annuitant, survivor, or retired
employee may not re-enroll in the program.
(a-9) No later than May 1 of each calendar year, the
Director of Central Management Services shall certify in
writing to the Executive Secretary of the State Employees'
Retirement System of Illinois the amounts of the Medicare
supplement health care premiums and the amounts of the health
care premiums for all other retirees who are not Medicare
eligible.
A separate calculation of the premiums based upon the
actual cost of each health care plan shall be so certified.
The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Retirement
System of Illinois such information, statistics, and other
data as he or she may require to review the premium amounts
certified by the Director of Central Management Services.
(b) State employees who become eligible for this program
on or after January 1, 1980 in positions normally requiring
actual performance of duty not less than 1/2 of a normal work
period but not equal to that of a normal work period, shall
be given the option of participating in the available
program. If the employee elects coverage, the State shall
contribute on behalf of such employee to the cost of the
employee's benefit and any applicable dependent supplement,
that sum which bears the same percentage as that percentage
of time the employee regularly works when compared to normal
work period.
(c) The basic non-contributory coverage from the basic
program of group health benefits shall be continued for each
employee not in pay status or on active service by reason of
(1) leave of absence due to illness or injury, (2) authorized
educational leave of absence or sabbatical leave, or (3)
military leave with pay and benefits. This coverage shall
continue until expiration of authorized leave and return to
active service, but not to exceed 24 months for leaves under
item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall not apply to persons
receiving ordinary or accidental disability benefits or
retirement benefits through the appropriate State retirement
system or benefits under the Workers' Compensation or
Occupational Disease Act.
(d) The basic group life insurance coverage shall
continue, with full State contribution, where such person is
(1) absent from active service by reason of disability
arising from any cause other than self-inflicted, (2) on
authorized educational leave of absence or sabbatical leave,
or (3) on military leave with pay and benefits.
(e) Where the person is in non-pay status for a period
in excess of 30 days or on leave of absence, other than by
reason of disability, educational or sabbatical leave, or
military leave with pay and benefits, such person may
continue coverage only by making personal payment equal to
the amount normally contributed by the State on such person's
behalf. Such payments and coverage may be continued: (1)
until such time as the person returns to a status eligible
for coverage at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant status with
the State is terminated, or (3) for a maximum period of 4
years for members on military leave with pay and benefits and
military leave without pay and benefits (exclusive of any
additional service imposed pursuant to law).
(f) The Department shall establish by rule the extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
(g) The State shall not pay the cost of the basic
non-contributory group life insurance, program of health
benefits and other employee benefits for members who are
survivors as defined by paragraphs (1) and (2) of subsection
(q) of Section 3 of this Act. The costs of benefits for
these survivors shall be paid by the survivors or by the
University of Illinois Cooperative Extension Service, or any
combination thereof.
(h) Those persons occupying positions with any
department as a result of emergency appointments pursuant to
Section 8b.8 of the Personnel Code who are not considered
employees under this Act shall be given the option of
participating in the programs of group life insurance, health
benefits and other employee benefits. Such persons electing
coverage may participate only by making payment equal to the
amount normally contributed by the State for similarly
situated employees. Such amounts shall be determined by the
Director. Such payments and coverage may be continued until
such time as the person becomes an employee pursuant to this
Act or such person's appointment is terminated.
(i) Any unit of local government within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a unit of local government must agree to enroll
all of its employees, who may select coverage under either
the State group health insurance plan or a health maintenance
organization that has contracted with the State to be
available as a health care provider for employees as defined
in this Act. A unit of local government must remit the
entire cost of providing coverage under the State group
health insurance plan or, for coverage under a health
maintenance organization, an amount determined by the
Director based on an analysis of the sex, age, geographic
location, or other relevant demographic variables for its
employees, except that the unit of local government shall not
be required to enroll those of its employees who are covered
spouses or dependents under this plan or another group policy
or plan providing health benefits as long as (1) an
appropriate official from the unit of local government
attests that each employee not enrolled is a covered spouse
or dependent under this plan or another group policy or plan,
and (2) at least 85% of the employees are enrolled and the
unit of local government remits the entire cost of providing
coverage to those employees. Employees of a participating
unit of local government who are not enrolled due to coverage
under another group health policy or plan may enroll at a
later date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall be payable
for services incurred during the first 6 months of coverage
to the extent the services are in connection with any
pre-existing condition. A participating unit of local
government may also elect to cover its annuitants. Dependent
coverage shall be offered on an optional basis, with the
costs paid by the unit of local government, its employees, or
some combination of the two as determined by the unit of
local government. The unit of local government shall be
responsible for timely collection and transmission of
dependent premiums.
The Director shall annually determine monthly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages, or
contributed by the State for basic insurance coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the local government in
age, sex, geographic location or other relevant
demographic variables, plus an amount sufficient to pay
for the additional administrative costs of providing
coverage to employees of the unit of local government and
their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the unit of local
government.
In the case of coverage of local government employees
under a health maintenance organization, the Director shall
annually determine for each participating unit of local
government the maximum monthly amount the unit may contribute
toward that coverage, based on an analysis of (i) the age,
sex, geographic location, and other relevant demographic
variables of the unit's employees and (ii) the cost to cover
those employees under the State group health insurance plan.
The Director may similarly determine the maximum monthly
amount each unit of local government may contribute toward
coverage of its employees' dependents under a health
maintenance organization.
Monthly payments by the unit of local government or its
employees for group health insurance or health maintenance
organization coverage shall be deposited in the Local
Government Health Insurance Reserve Fund. The Local
Government Health Insurance Reserve Fund shall be a
continuing fund not subject to fiscal year limitations. All
expenditures from this fund shall be used for payments for
health care benefits for local government and rehabilitation
facility employees, annuitants, and dependents, and to
reimburse the Department or its administrative service
organization for all expenses incurred in the administration
of benefits. No other State funds may be used for these
purposes.
A local government employer's participation or desire to
participate in a program created under this subsection shall
not limit that employer's duty to bargain with the
representative of any collective bargaining unit of its
employees.
(j) Any rehabilitation facility within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a rehabilitation facility must agree to enroll
all of its employees and remit the entire cost of providing
such coverage for its employees, except that the
rehabilitation facility shall not be required to enroll those
of its employees who are covered spouses or dependents under
this plan or another group policy or plan providing health
benefits as long as (1) an appropriate official from the
rehabilitation facility attests that each employee not
enrolled is a covered spouse or dependent under this plan or
another group policy or plan, and (2) at least 85% of the
employees are enrolled and the rehabilitation facility remits
the entire cost of providing coverage to those employees.
Employees of a participating rehabilitation facility who are
not enrolled due to coverage under another group health
policy or plan may enroll at a later date subject to
submission of satisfactory evidence of insurability and
provided that no benefits shall be payable for services
incurred during the first 6 months of coverage to the extent
the services are in connection with any pre-existing
condition. A participating rehabilitation facility may also
elect to cover its annuitants. Dependent coverage shall be
offered on an optional basis, with the costs paid by the
rehabilitation facility, its employees, or some combination
of the 2 as determined by the rehabilitation facility. The
rehabilitation facility shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the rehabilitation
facility in age, sex, geographic location or other
relevant demographic variables, plus an amount sufficient
to pay for the additional administrative costs of
providing coverage to employees of the rehabilitation
facility and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the rehabilitation
facility.
Monthly payments by the rehabilitation facility or its
employees for group health insurance shall be deposited in
the Local Government Health Insurance Reserve Fund.
(k) Any domestic violence shelter or service within the
State of Illinois may apply to the Director to have its
employees, annuitants, and their dependents provided group
health coverage under this Act on a non-insured basis. To
participate, a domestic violence shelter or service must
agree to enroll all of its employees and pay the entire cost
of providing such coverage for its employees. A
participating domestic violence shelter may also elect to
cover its annuitants. Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2 as determined by the domestic violence shelter or service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the domestic violence
shelter or service in age, sex, geographic location or
other relevant demographic variables, plus an amount
sufficient to pay for the additional administrative costs
of providing coverage to employees of the domestic
violence shelter or service and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the domestic violence
shelter or service.
(3) In no case shall the rate be less than the
amount normally charged to State employees or contributed
by the State on behalf of its employees.
Monthly payments by the domestic violence shelter or
service or its employees for group health insurance shall be
deposited in the Local Government Health Insurance Reserve
Fund.
(l) A public community college or entity organized
pursuant to the Public Community College Act may apply to the
Director initially to have only annuitants not covered prior
to July 1, 1992 by the district's health plan provided health
coverage under this Act on a non-insured basis. The
community college must execute a 2-year contract to
participate in the Local Government Health Plan. Those
annuitants enrolled initially under this contract shall have
no benefits payable for services incurred during the first 6
months of coverage to the extent the services are in
connection with any pre-existing condition. Any annuitant
who may enroll after this initial enrollment period shall be
subject to submission of satisfactory evidence of
insurability and to the pre-existing conditions limitation.
The Director shall annually determine monthly rates of
payment subject to the following constraints: for those
community colleges with annuitants only enrolled, first year
rates shall be equal to the average cost to cover claims for
a State member adjusted for demographics, Medicare
participation, and other factors; and in the second year, a
further adjustment of rates shall be made to reflect the
actual first year's claims experience of the covered
annuitants.
(m) The Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised
8-3-98.)
Section 10. The Election Code is amended by changing
Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9,
5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24,
7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10,
17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows:
(10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
Sec. 2A-27. Cities generally; mayor; clerk; treasurer;
time of election. A mayor, a city clerk, and a city
treasurer shall be elected in each city that elects those
officers (except the City of Chicago) at the consolidated
election in 1979 or 1981 (in whichever of those years the
terms of those officers expire) and at the consolidated
election every 4 years thereafter. In cities that have
provided for a 2 year term for elective officers under
Section 3.1-10-65 3.1-15-65 of the Illinois Municipal Code,
however, these city officers shall be elected at the
consolidated election of each odd-numbered year.
(Source: P.A. 87-1119; revised 11-4-98.)
(10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
Sec. 4-6.1. In addition to registration at the office of
the county clerk, and at the offices of municipal and
township or road district clerks, each county clerk shall
provide for the following additional methods of
registration:
(1) the appointment of deputy registrars as
provided in Section 4-6.2; and
(2) the establishment of temporary places of
registration, as provided in Section 4-6.3.
Each county clerk may provide for precinct registration
pursuant to Section 4-7.
(Source: P.A. 83-1059; revised 10-31-98.)
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient
number of blank forms for the registration of electors, which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other description as may be necessary, including post-office
mailing address. In the case of a homeless individual, the
individual's voting residence that is his or her mailing
address shall be included on his or her registration record
card.
Term of residence in the State of Illinois and precinct.
This information shall be furnished by the applicant stating
the place or places where he resided and the dates during
which he resided in such place or places during the year next
preceding the date of the next ensuing election.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on both the original and
duplicate registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
on the back or at the bottom of the card or sheet; and shall
ask the following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOIS
COUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days and that I intend that
this location shall be my residence; that I am fully
qualified to vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
..................................
Signature of registration officer.
(To be signed in presence of registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to precincts, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
to the State Board of Elections in a form prescribed by the
Board. Registration information shall include, but not be
limited to, the following information: name, sex, residence,
telephone number, if any, age, party affiliation, if
applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ............................
Having moved out of your (county) (city), I hereby authorize
you to cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
this .... day of ...., 19...
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............
County, Illinois.
The cancellation certificate shall be mailed immediately
by the County Clerk to the County Clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.)
(10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
Sec. 4-9. The county clerk shall fully instruct the
registration officers and deputy registration officers in
their duties. Each registration officer and deputy
registration officer shall receipt to the county clerk for
all blank registration record cards issued to him, specifying
therein the number of the blanks received by him, and each
registration officer and deputy registration officer shall be
charged with such blanks until he returns them to the county
clerk. If for any cause a blank registration record card is
mutilated or rendered unfit for use in making it out, or if a
mistake thereon has been made, such blank shall not be
destroyed, but the word "mutilated" shall be written across
the face of such card, and the card shall be returned to the
county clerk and be preserved in the same manner and for the
same length of time as mutilated ballots. When each 1969 and
1970 precinct re-registration has been completed, each
registration officer shall certify the registration records
in substantially the following form:
"We, the undersigned registration officers or deputy
registration officers in the County of .... in the State of
Illinois, do swear (or affirm) that at the registration of
electors on (insert date) the .... day of .... 19.. there was
registered by us in the said election precinct the names
which appear on the registration records, and that the number
of voters registered and qualified was and is the number of
....
......................
......................
......................
Registration officers.
Date ................"
After completion of each 1969 and 1970 precinct
re-registration each of the officers of registration for such
precinct shall place all registration cards received by him,
regardless of whether such cards have been unused, filled
out, executed or mutilated, in an envelope to be provided for
that purpose by the county clerk and shall seal such envelope
with an official wax impression seal and sign his name across
the face of such envelope. The judge of registration for
such precinct shall include in the envelope sealed by him the
certification of the registration records hereinabove
required. The judge of registration for such precinct shall
within 24 hours after the close of re-registration make
personal delivery of all envelopes containing the
re-registration cards for such precinct to the county clerk.
Other precinct registrations shall be certified and
returned in the same manner.
(Source: Laws 1967, p. 2987; revised 10-20-98.)
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of
him by the registration officer, and executes the affidavit
of registration. The registration officer shall require the
applicant to furnish two forms of identification, and except
in the case of a homeless individual, one of which must
include his or her residence address. These forms of
identification shall include, but not be limited to, any of
the following: driver's license, social security card, public
aid identification card, utility bill, employee or student
identification card, credit card, or a civic, union or
professional association membership card. The registration
officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated.
This use may be demonstrated by a piece of mail addressed to
that individual and received at that address or by a
statement from a person authorizing use of the mailing
address. The registration officer shall require each
applicant for registration to read or have read to him the
affidavit of registration before permitting him to execute
the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully
and truly answer all such questions as shall be put to you
touching your name, place of residence, place of birth, your
qualifications as an elector and your right as such to
register and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your
present address, was it your bona fide intention to become a
resident thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of any precinct
registration and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant
is qualified he shall forthwith notify such applicant in
writing to appear before the county clerk to complete his
registration. Upon the card of such applicant shall be
written the word "incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as incomplete if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete"
may make and sign an application in writing, under oath, to
the county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
.... make application to the board of registry of the ....
precinct of the township of .... (or to the county clerk of
.... county) and that said board or clerk refused to complete
my registration as a qualified voter in said precinct. That
I reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and
am entitled to be registered to vote in said precinct at the
next election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within
28 days preceding the ensuing general election and thereafter
for the registration provided in Section 4-7 all such
applications shall be presented to the county clerk or his
duly authorized representative by the applicant in person
between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
to 28 days preceding the ensuing general election. Such
application shall be heard by the county clerk or his duly
authorized representative at the time the application is
presented. If the applicant for registration has registered
with the county clerk, such application may be presented to
and heard by the county clerk or by his duly authorized
representative upon the dates specified above or at any time
prior thereto designated by the county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United
States or because he is temporarily outside the territorial
limits of the United States may become registered by mailing
an application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it
proper to require for the identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
Section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I
am not registered to vote anywhere else in the United States,
that I intend to remain a resident of the State of Illinois
and of the election precinct, that I intend to return to the
State of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ..... day of
..... 19 ...
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided
for in Section 4-8 of this Article and shall attach thereto a
copy of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 86-820; 87-1241; revised 10-20-98.)
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
Sec. 4-12. Any voter or voters in the township, city,
village or incorporated town containing such precinct, and
any precinct committeeman in the county, may, between the
hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the
second week prior to the week in which the 1970 primary
election for the nomination of candidates for State and
county offices or any election thereafter is to be held, make
application in writing, to the county clerk, to have any name
upon the register of any precinct erased. Such application
shall be, in substance, in the words and figures following:
"I being a qualified voter, registered from No. ....
Street in the .... precinct of the .... ward of the city
(village or town of) .... (or of the .... town of ....) do
hereby solemnly swear (or affirm) that .... registered from
No. .... Street is not a qualified voter in the .... precinct
of .... ward of the city (village or town) of .... (or of the
.... town of ....) and hence I ask that his name be erased
from the register of such precinct for the following reason
.....
Affiant further says that he has personal knowledge of
the facts set forth in the above affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
....
....
....."
Such application shall be signed and sworn to by the
applicant before the county clerk or any deputy authorized by
the county clerk for that purpose, and filed with said clerk.
Thereupon notice of such application, and of the time and
place of hearing thereon, with a demand to appear before the
county clerk and show cause why his name shall not be erased
from said register, shall be mailed, in an envelope duly
stamped and directed to such person at the address upon said
register, at least four days before the day fixed in said
notice to show cause.
A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name should be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before said clerk at the time set for the hearing as fixed in
the said notice or fails to show cause why the name upon such
register shall be erased, the application to erase may be
dismissed by the county clerk.
Any voter making the application is privileged from
arrest while presenting it to the county clerk, and while
going to and from the office of the county clerk.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
Sec. 4-23. The provisions of this Article 4, so far as
they require the registration of voters as a condition to
their being allowed to vote, shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been, engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
) ss.
County of ........)
............ Precinct ............ Ward
I, ..............., do solemnly swear (or affirm), that I
am a citizen of the United States, of the age of 18 years or
over, and that within the past 60 days prior to the date of
this election at which I am applying to vote, I have been
engaged in the .... (military or naval) service of the United
States; and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
......................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
......................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
) ss.
County of ........)
................ Precinct ............... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him or her to be an actual
bona fide resident of this precinct and ward and that I
verily believe that he or she has maintained a legal
residence therein 30 days, and in this State 30 days next
preceding this election.
......................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
......................
Judge of Election."
(Source: P.A. 84- 551; revised 10-20-98.)
(10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient
number of blank forms for the registration of electors which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct. Which questions may be answered by the applicant
stating, in excess of 30 days in the State and in excess of
30 days in the precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on the original and
duplicate registration record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois)
)ss
County of )
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days; that I am fully qualified
to vote. That I intend that this location shall be my
residence and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................................
Signature of Registration Officer.
(To be signed in presence of Registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to towns and precincts, wards, cities and villages, as the
case may be, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
to the State Board of Elections in a form prescribed by the
Board. Registration information shall include, but not be
limited to, the following information: name, sex, residence,
telephone number, if any, age, party affiliation, if
applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was .....
Having moved out of your (county) (city), I hereby
authorize you to cancel said registration in your office.
Dated at .... Illinois, on (insert date). this.... day
of...., 19...
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately
by the county clerk to the county clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration
officer, answers such relevant questions as may be asked of
him by the registration officer, and executes the affidavit
of registration. The registration officer shall require the
applicant to furnish two forms of identification, and except
in the case of a homeless individual, one of which must
include his or her residence address. These forms of
identification shall include, but not be limited to, any of
the following: driver's license, social security card, public
aid identification card, utility bill, employee or student
identification card, credit card, or a civic, union or
professional association membership card. The registration
officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated.
This use may be demonstrated by a piece of mail addressed to
that individual and received at that address or by a
statement from a person authorizing use of the mailing
address. The registration officer shall require each
applicant for registration to read or have read to him the
affidavit of registration before permitting him to execute
the affidavit.
One of the Deputy Registrars, the Judge of Registration,
or an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons
who shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully
and truly answer all such questions as shall be put to you
touching your place of residence, name, place of birth, your
qualifications as an elector and your right as such to
register and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your
present address, was it your bona fide intention to become a
resident thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of precinct
registration, and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant
is qualified, he shall forthwith in writing notify such
applicant to appear before the County Clerk to furnish
further proof of his qualifications. Upon the card of such
applicant shall be written the word "Incomplete" and no such
applicant shall be permitted to vote unless such registration
is satisfactorily completed as hereinafter provided. No
registration shall be taken and marked as "incomplete" if
information to complete it can be furnished on the date of
the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and
sign an application in writing, under oath, to the County
Clerk in substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) ........... make application to the Board of Registry
of the ........ precinct of ........ ward of the City of ....
or of the ......... District ......... Town of .......... (or
to the County Clerk of .............) and ............
County; that said Board or Clerk refused to complete my
registration as a qualified voter in said precinct, that I
reside in said precinct (or that I intend to reside in said
precinct), am a duly qualified voter and entitled to vote in
said precinct at the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this
Article, all such applications shall be presented to the
County Clerk by the applicant in person between the hours of
nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday
of the third week prior to the date on which such election is
to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United
States or because he is temporarily outside the territorial
limits of the United States may become registered by mailing
an application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it
proper to require for the identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
Section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to
return to the State of Illinois, and that the above
statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ...... day of
..... 19 ...
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided
for in Section 5-7 of this Article and shall attach thereto a
copy of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 86-820; 87-1241; revised 10-20-98.)
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
Sec. 5-15. Any voter or voters in the township, city,
village, or incorporated town containing such precinct, and
any precinct committeeman in the county, may, between the
hours of nine o'clock a.m. and six o'clock p.m. of the Monday
and Tuesday of the third week immediately preceding the week
in which such April 10, 1962 Primary Election is to be held,
make application in writing, before such County Clerk, to
have any name upon such register of any precinct erased.
Thereafter such application shall be made between the hours
of nine o'clock a.m. and six o'clock p.m. of Monday and
Tuesday of the second week prior to the week in which any
county, city, village, township, or incorporated town
election is to be held. Such application shall be in
substance, in the words and figures following:
"I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... Ward of the city
(village or town of .... ) of the .... District .... town of
.... do hereby solemnly swear (or affirm) that ....
registered from No. .... Street is not a qualified voter in
the .... precinct of the .... ward of the city (village or
town) of .... or of the .... district town of .... hence I
ask that his name be erased from the register of such
precinct for the following reason ..... Affiant further says
that he has personal knowledge of the facts set forth in the
above affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
....
....
...."
Such application shall be signed and sworn to by the
applicant before the County Clerk or any Deputy authorized by
the County Clerk for that purpose, and filed with the Clerk.
Thereupon notice of such application, with a demand to appear
before the County Clerk and show cause why his name shall not
be erased from the register, shall be mailed by special
delivery, duly stamped and directed, to such person, to the
address upon said register at least 4 days before the day
fixed in said notice to show cause.
A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why the name should be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before the Clerk at the time set for the hearing as fixed in
the said notice or fails to show cause why the name upon such
register shall be erased, the application may be dismissed by
the County Clerk.
Any voter making such application or applications shall
be privileged from arrest while presenting the same to the
County Clerk, and whilst going to and returning from the
office of the County Clerk.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01)
Sec. 5-29.01. The provisions of this Article 5, so far
as they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election, have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
)ss.
County of ........)
.............. Precinct .............. Ward
I, ...., do solemnly swear (or affirm), that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
...........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...........................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
)ss.
County of ........)
............. Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he has maintained a legal residence therein 30
days and in this State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The provisions of this Article 5, so far as they require
the registration of voters as a condition to their being
allowed to vote shall not apply to persons otherwise entitled
to vote who have made and subscribed to the affidavit
provided in paragraph (b) of Section 17-10 of this Act.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
Sec. 6-29. For the purpose of registering voters under
this Article, the office of the Board of Election
Commissioners shall be open during ordinary business hours of
each week day, from 9 a.m. to 12 o'clock noon on the last
four Saturdays immediately preceding the end of the period of
registration preceding each election, and such other days and
such other times as the board may direct. During the 28 days
immediately preceding any election there shall be no
registration of voters at the office of the Board of Election
Commissioners in cities, villages and incorporated towns of
fewer than 200,000 inhabitants. In cities, villages and
incorporated towns of 200,000 or more inhabitants, there
shall be no registration of voters at the office of the Board
of Election Commissioners during the 35 days immediately
preceding any election; provided, however, where no precinct
registration is being conducted prior to any election then
registration may be taken in the office of the Board up to
and including the 29th day prior to such election. The Board
of Election Commissioners may set up and establish as many
branch offices for the purpose of taking registrations as it
may deem necessary, and the branch offices may be open on any
or all dates and hours during which registrations may be
taken in the main office. All officers and employees of the
Board of Election Commissioners who are authorized by such
board to take registrations under this Article shall be
considered officers of the circuit court, and shall be
subject to the same control as is provided by Section 14-5 of
this Act with respect to judges of election.
In any election called for the submission of the revision
or alteration of, or the amendments to the Constitution,
submitted by a Constitutional Convention, the final day for
registration at the office of the election authority charged
with the printing of the ballot of this election shall be the
15th day prior to the date of election.
The Board of Election Commissioners shall appoint one or
more registration teams, consisting of 2 of its employees for
each team, for the purpose of accepting the registration of
any voter who files an affidavit, within the period for
taking registrations provided for in this article, that he is
physically unable to appear at the office of the Board or at
any appointed place of registration. On the day or days when
a precinct registration is being conducted such teams shall
consist of one member from each of the 2 leading political
parties who are serving on the Precinct Registration Board.
Each team so designated shall visit each disabled person and
shall accept the registration of such person the same as if
he had applied for registration in person.
Any otherwise qualified person who is absent from his
county of residence due to business of the United States, or
who is temporarily residing outside the territorial limits of
the United States, may make application to become registered
by mail to the Board of Election Commissioners within the
periods for registration provided for in this Article or by
simultaneous application for absentee registration and
absentee ballot as provided in Article 20 of this Code.
Upon receipt of such application the Board of Election
Commissioners shall immediately mail an affidavit of
registration in duplicate, which affidavit shall contain the
following and such other information as the State Board of
Elections may think it proper to require for the
identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..................
AFFIDAVIT OF REGISTRATION
State of .........)
) ss.
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I
am not registered to vote anywhere else in the United States,
that I intend to remain a resident of the State of Illinois,
and of the election precinct, that I intend to return to the
State of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ....... day of
....... 19 .......
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the Board of Election Commissioners shall
transfer the information contained thereon to duplicate
Registration Cards provided for in Section 6-35 of this
Article and shall attach thereto a copy of each of the
duplicate affidavit of registration and thereafter such
registration card and affidavit shall constitute the
registration of such person the same as if he had applied for
registration in person.
(Source: P.A. 81-953; revised 10-20-98.)
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall
provide a sufficient number of blank forms for the
registration of electors which shall be known as registration
record cards and which shall consist of loose leaf sheets or
cards, of suitable size to contain in plain writing and
figures the data hereinafter required thereon or shall
consist of computer cards of suitable nature to contain the
data required thereon. The registration record cards, which
shall include an affidavit of registration as hereinafter
provided, shall be executed in duplicate. The duplicate of
which may be a carbon copy of the original or a copy of the
original made by the use of other method or material used for
making simultaneous true copies or duplications.
The registration record card shall contain the following
and such other information as the Board of Election
Commissioners may think it proper to require for the
identification of the applicant for registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when the applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and the duplicate
registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the
registration officer shall write a detailed description of
the applicant in the space provided at the bottom of the card
or sheet; and shall ask the following questions and record
the answers thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois )
)ss
County of ....... )
I hereby swear (or affirm) that I am a citizen of the
United States, that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days and that I intend that this location is my
residence; that I am fully qualified to vote, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
this.... day of...., 19...
......................................
Signature of registration officer
(to be signed in presence of registrant).
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to wards or precincts, as the case may be, and may be
serially or otherwise marked for identification in such
manner as the Board of Election Commissioners may determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the Board of
Election Commissioners within 10 days after December 15 and
May 15 each year to the State Board of Elections in a form
prescribed by the State Board. Registration information
shall include, but not be limited to, the following
information: name, sex, residence, telephone number, if any,
age, party affiliation, if applicable, precinct, ward,
township, county, and representative, legislative and
congressional districts. In the event of noncompliance, the
State Board of Elections is directed to obtain compliance
forthwith with this nondiscretionary duty of the election
authority by instituting legal proceedings in the circuit
court of the county in which the election authority maintains
the registration information. The costs of furnishing
updated copies of tapes or discs shall be paid at a rate of
$.00034 per name of registered voters in the election
jurisdiction, but not less than $50 per tape or disc and
shall be paid from appropriations made to the State Board of
Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such
tapes, discs, other electronic data or compilations thereof
to state political committees registered pursuant to the
Illinois Campaign Finance Act or the Federal Election
Campaign Act at their request and at a reasonable cost.
Copies of the tapes, discs or other electronic data shall be
furnished by the Board of Election Commissioners to local
political committees at their request and at a reasonable
cost. Reasonable cost of the tapes, discs, et cetera for
this purpose would be the cost of duplication plus 15% for
administration. The individual representing a political
committee requesting copies of such tapes shall make a sworn
affidavit that the information shall be used only for bona
fide political purposes, including by or for candidates for
office or incumbent office holders. Such tapes, discs or
other electronic data shall not be used under any
circumstances by any political committee or individuals for
purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ..... Having moved out of
your (county), (city), I hereby authorize you to cancel that
registration in your office.
Dated at ...., Illinois, on (insert date). this.... day
of.... 19...
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City
of...., Illinois.
The cancellation certificate shall be mailed immediately
by the clerk of the Election Commission to the county clerk,
(or Election Commission as the case may be) where the
applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any
previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
Sec. 6-44. Any voter or voters in the ward, village or
incorporated town containing such precinct, and any precinct
committeeman in the county, may, between the hours of nine
o'clock a.m. and six p.m. of Monday and Tuesday of the second
week prior to the week in which such election is to be held
make application in writing, before such board of election
commissioners, to have any name upon such register of any
precinct erased. However, in municipalities having a
population of more than 500,000 and having a board of
election commissioners (except as otherwise provided for such
municipalities in Section 6-60 of this Article) and in all
cities, villages and incorporated towns within the
jurisdiction of such board, such application shall be made
between the hours of nine o'clock a.m. and six o'clock p.m.
of Monday and Tuesday of the second week prior to the week in
which such election is to be held. Such application shall
be, in substance, in the words and figures following:
"I being a qualified voter, registered from No. ....
street in the .... precinct of the .... ward of the city
(village or town) of .... do hereby solemnly swear (or
affirm) that I have personal knowledge that .... registered
from No. .... street is not a qualified voter in the ....
precinct of the .... ward of the city (village or town) of
.... and hence I ask that his name be erased from the
register of such precinct for the following reason ....
Affiant further says that he has personal knowledge of
the facts set forth in the above affidavit.
(Signed)....
Subscribed and sworn to before me on (insert date).
this.... day of...., 19...
....
...."
Such application shall be signed and sworn to by the
applicant before any member of the board or the clerk thereof
and filed with said board. Thereupon notice of such
application, with a demand to appear before the board of
election commissioners and show cause why his name shall not
be erased from said register, shall be personally served upon
such person or left at his place of residence indicated in
such register, or in the case of a homeless individual, at
his or her mailing address, by a messenger of said board of
election commissioners, and, as to the manner and time of
serving such notice such messenger shall make affidavit; the
messenger shall also make affidavit of the fact in case he
cannot find such person or his place of residence, and that
he went to the place named on such register as his or her
place of residence. Such notice shall be served at least one
day before the time fixed for such party to show cause.
The commissioners shall also cause a like notice or
demand to be sent by mail duly stamped and directed, to such
person, to the address upon the register at least 2 days
before the day fixed in the notice to show cause.
A like notice shall be served on the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name shall be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before said board at the time set for the hearing as fixed in
the notice or fails to show cause why the name upon such
register shall be erased, the application may be dismissed by
the board.
Any voter making such application or applications shall
be privileged from arrest while presenting the same to the
board of election commissioners, and while going to and
returning from the board of election commissioners.
(Source: P.A. 87-1241; revised 10-20-98.)
(10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01)
Sec. 6-67.01. The provisions of this Article 6, so far
as they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
)ss.
County of ........)
............ Precinct ........ Ward
I, ...., do solemnly swear (or affirm), that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, and that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
)ss.
County of ........)
............ Precinct ........ Ward
I, ..., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he has maintained a legal residence therein 30
days and in this State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The provisions of this Article 6, so far as they require
the registration of voters as a condition to their being
allowed to vote shall not apply to persons otherwise entitled
to vote who have made and subscribed to the affidavit
provided in paragraph (b) of Section 17-10 of this Act.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. The name of no candidate for nomination, or
State central committeeman, or township committeeman, or
precinct committeeman, or ward committeeman or candidate for
delegate or alternate delegate to national nominating
conventions, shall be printed upon the primary ballot unless
a petition for nomination has been filed in his behalf as
provided in this Article in substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the ....
party for the nomination for (or in case of committeemen for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date). the .... day of ...., ....
Name Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I am a registered voter
and have been a registered voter at all times I have
circulated this petition, that I reside at No. .... street,
in the .... of ...., county of ...., and State of Illinois,
and that the signatures on this sheet were signed in my
presence, and are genuine, and that to the best of my
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the .... party,
and that their respective residences are correctly stated, as
above set forth.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., ....
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the
same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required
to be written or printed opposite each qualified primary
elector's name shall include the street address or rural
route number of the signer, as the case may be, as well as
the signer's city, village or town. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the
electors signing the petition reside in the same county or
city, village or town, and state. Standard abbreviations may
be used in writing the residence address, including street
number, if any. At the bottom of each sheet of such petition
shall be added a statement signed by a registered voter of
the political division, who has been a registered voter at
all times he or she circulated the petition, for which the
candidate is seeking a nomination, stating the street address
or rural route number of the voter, as the case may be, as
well as the voter's city, village or town; and certifying
that the signatures on that sheet of the petition were signed
in his presence; and either (1) indicating the dates on which
that sheet was circulated, or (2) indicating the first and
last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election; and certifying that the signatures on the
sheet are genuine, and certifying that to the best of his
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the political
party for which a nomination is sought. Such statement shall
be sworn to before some officer authorized to administer
oaths in this State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the
filing of such petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local
election officials, election authorities or the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each
of the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall
state that the candidate is a qualified primary voter of the
party to which the petition relates and is qualified for the
office specified (in the case of a candidate for State's
Attorney it shall state that the candidate is at the time of
filing such statement a licensed attorney-at-law of this
State), shall state that he has filed (or will file before
the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed
upon the official ballot, and shall be subscribed and sworn
to by such candidate before some officer authorized to take
acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at
.... Street in the city (or village) of ...., in the county
of ...., State of Illinois; that I am a qualified voter
therein and am a qualified primary voter of the .... party;
that I am a candidate for nomination (for election in the
case of committeeman and delegates and alternate delegates)
to the office of .... to be voted upon at the primary
election to be held on (insert date); the .... day of ....,
....; that I am legally qualified (including being the holder
of any license that may be an eligibility requirement for the
office I seek the nomination for) to hold such office and
that I have filed (or I will file before the close of the
petition filing period) a statement of economic interests as
required by the Illinois Governmental Ethics Act and I hereby
request that my name be printed upon the official primary
ballot for nomination for (or election to in the case of
committeemen and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of ...., 19...
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or
added to, and no signatures shall be revoked except by
revocation filed in writing with the State Board of
Elections, election authority or local election official with
whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer
upon any petition required by this Article is deemed guilty
of a forgery and on conviction thereof shall be punished
accordingly.
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or
alternate delegate to be elected from the State at large
to a National nominating convention by not less than
5,000 nor more than 10,000 primary electors of his party.
(b) If for a congressional officer or for delegate
or alternate delegate to be elected from a congressional
district to a national nominating convention by at least
.5% of the qualified primary electors of his party in his
congressional district, except that for the first primary
following a redistricting of congressional districts such
petitions shall be signed by at least 600 qualified
primary electors of the candidate's party in his
congressional district.
(c) If for a county office (including county board
member and chairman of the county board where elected
from the county at large), by at least .5% of the
qualified electors of his party cast at the last
preceding general election in his county. However, if
for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary
electors of his or her party in his or her county in the
district or division in which such person is a candidate
for nomination; and if for county board member from a
county board district, then by at least .5% of the
qualified primary electors of his party in the county
board district. In the case of an election for county
board member to be elected from a district, for the first
primary following a redistricting of county board
districts or the initial establishment of county board
districts, then by at least .5% of the qualified electors
of his party in the entire county at the last preceding
general election, divided by the number of county board
districts, but in any event not less than 25 qualified
primary electors of his party in the district.
(d) If for a municipal or township office by at
least .5% of the qualified primary electors of his party
in the municipality or township; if for alderman, by at
least .5% of the voters of his party of his ward. In the
case of an election for alderman or trustee of a
municipality to be elected from a ward or district, for
the first primary following a redistricting or the
initial establishment of wards or districts, then by .5%
of the total number of votes cast for the candidate of
such political party who received the highest number of
votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to
be elected from the entire municipality, divided by the
number of wards or districts, but in any event not less
than 25 qualified primary electors of his party in the
ward or district.
(e) If for State central committeeman, by at least
100 of the primary electors of his or her party of his or
her congressional district.
(f) If for a candidate for trustee of a sanitary
district in which trustees are not elected from wards, by
at least .5% of the primary electors of his party, from
such sanitary district.
(g) If for a candidate for trustee of a sanitary
district in which the trustees are elected from wards, by
at least .5% of the primary electors of his party in his
ward of such sanitary district, except that for the first
primary following a reapportionment of the district such
petitions shall be signed by at least 150 qualified
primary electors of the candidate's ward of such sanitary
district.
(h) If for a candidate for judicial office, by at
least 500 qualified primary electors of his or her
judicial district, circuit, or subcircuit, as the case
may be.
(i) If for a candidate for precinct committeeman,
by at least 10 primary electors of his or her party of
his or her precinct; if for a candidate for ward
committeeman, by not less than 10% nor more than 16% (or
50 more than the minimum, whichever is greater) of the
primary electors of his party of his ward; if for a
candidate for township committeeman, by not less than 5%
nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his
township or part of a township as the case may be.
(j) If for a candidate for State's Attorney or
Regional Superintendent of Schools to serve 2 or more
counties, by at least .5% of the primary electors of his
party in the territory comprising such counties.
(k) If for any other office by at least .5% of the
total number of registered voters of the political
subdivision, district or division for which the
nomination is made or a minimum of 25, whichever is
greater.
For the purposes of this Section the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected. For political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such political subdivision at the
last regular election at which an officer was regularly
scheduled to be elected from that subdivision. For wards or
districts of political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such ward or district at the last
regular election at which an officer was regularly scheduled
to be elected from that ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
(Source: P.A. 87-1052; 88-89; revised 1-26-99.)
(10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1)
Sec. 7-10.1. Each petition or certificate of nomination
shall include as a part thereof, a statement for each of the
candidates filing, or in whose behalf the petition or
certificate of nomination is filed, said statement shall be
subscribed and sworn to by such candidate or nominee before
some officer authorized to take acknowledgment of deeds in
this State and shall be in substantially the following form:
United States of America )
) ss
State of Illinois )
I, .... do swear that I am a citizen of the United States
and the State of Illinois, that I am not affiliated directly
or indirectly with any communist organization or any
communist front organization, or any foreign political
agency, party, organization or government which advocates the
overthrow of constitutional government by force or other
means not permitted under the Constitution of the United
States or the constitution of this State; that I do not
directly or indirectly teach or advocate the overthrow of the
government of the United States or of this State or any
unlawful change in the form of the governments thereof by
force or any unlawful means.
.......................
Subscribed and sworn to by me on (insert date). this ....
day of ...., 19...
.......................
(Notary Public)
My commission expires:
(Source: P.A. 76-1329; revised 10-20-98.)
(10 ILCS 5/7-24) (from Ch. 46, par. 7-24)
Sec. 7-24. The primary poll books shall be substantially
in the following form:
Primary poll books of the primary held in the .... precinct
of the county of .... on (insert date). the .... day of ....
A.D. .....
Party Affiliation
...................................
Residence Repub- Demo- Prohibi- Social-
Street and lican crat tionist ist
Name of Voter number
.............................................................
1 John Jones x
2 Richard Smith x
3 John Doe x
4 Richard Roe x
5 Charles Lee x
.............................................................
This is to certify that the above and foregoing is a
correct list of primary voters at a primary held on (insert
date) the .... day of .... A.D. .... in the .... precinct, in
.... county, and State of Illinois. That at the primary the
undersigned judges served as required by law and are entitled
to pay therefor.
Dated (insert date). .... 19...
............................ ............................
............................ ............................
............................ ............................
Judges of primary
The primary poll books shall otherwise be in form and
shall contain the same certificates as nearly as may be as
the poll books used in the general election and shall be
signed and attested in the same manner, as nearly as may be,
as the poll books used for the purpose of general elections.
If Article 4, 5 or 6 of this Act applies to any such primary
the official poll record provided for in such applicable
Article shall be used in lieu of poll books.
(Source: Laws 1957, p. 1450; revised 10-20-98.)
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
Sec. 7-34. Pollwatchers in a primary election shall be
authorized in the following manner:
(1) Each established political party shall be entitled
to appoint one pollwatcher per precinct. Such pollwatchers
must be affiliated with the political party for which they
are pollwatching. For all primary elections, except as
provided in subsection (5), such pollwatchers must be
registered to vote from a residence in the county in which
they are pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For Federal, State, and county
primary elections, one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching. For township and municipal primary elections,
one pollwatcher must be registered to vote from a residence
in the county in which he is pollwatching. The second
pollwatcher must be registered to vote from a residence in
the precinct or ward in which he is pollwatching.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election
frauds, and which shall have registered its name and address
and the names and addresses of its principal officers with
the proper election authority at least 40 days before the
primary election, shall be entitled to appoint one
pollwatcher per precinct. For all primary elections, except
as provided in subsection (5), such pollwatcher must be
registered to vote from a residence in the county in which he
is pollwatching.
(4) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the primary election, shall be entitled
to appoint one pollwatcher per precinct. Except as provided
in subsection (5), such pollwatcher must be registered to
vote from a residence in the county in which the ballot
proposition is being voted upon.
(5) In any primary election held to nominate candidates
for the offices of a municipality of less than 3,000,000
population that is situated in 2 or more counties, a
pollwatcher who is a resident of a county in which any part
of the municipality is situated shall be eligible to serve as
a pollwatcher in any polling place located within such
municipality, provided that such pollwatcher otherwise
complies with the respective requirements of subsections (1)
through (4) of this Section and is a registered voter whose
residence is within the municipality.
All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election.
Such credentials shall be authorized by the real or facsimile
signature of the State or local party official or the
candidate or the presiding officer of the civic organization
or the chairman of the proponent or opponent group, as the
case may be.
Pollwatcher credentials shall be in substantially the
following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code,
the undersigned hereby appoints ........... (name of
pollwatcher) at .......... (address) in the county of
..........., .......... (township or municipality) of
........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a pollwatcher
in the ........... precinct of the .......... ward (if
applicable) of the ........... (township or municipality) of
........... at the ........... election to be held on
..........., 19.. (insert date).
........................ (Signature of Appointing Authority)
........................ TITLE (party official, candidate,
civic organization president,
proponent or opponent group chairman)
Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at .............. (address) in the
county of ........., ......... (township or municipality) of
.......... (name), State of Illinois, and is duly registered
to vote from that address.
........................... ..........................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of
the qualifications of the pollwatcher authorized thereby.
Such credentials are retained by the Judges and returned to
the Election Authority at the end of the day of election with
the other election materials. Once a pollwatcher has
surrendered a valid credential, he may leave and reenter the
polling place provided that such continuing action does not
disrupt the conduct of the election. Pollwatchers may be
substituted during the course of the day, but established
political parties, candidates, qualified civic organizations
and proponents and opponents of a ballot proposition can have
only as many pollwatchers at any given time as are authorized
in this Article. A substitute must present his signed
credential to the judges of election upon entering the
polling place. Election authorities must provide a
sufficient number of credentials to allow for substitution of
pollwatchers. After the polls have closed, pollwatchers shall
be allowed to remain until the canvass of votes is completed;
but may leave and reenter only in cases of necessity,
provided that such action is not so continuous as to disrupt
the canvass of votes.
Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or
municipality shall be required to have proper credentials.
Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile signature of the
election authority of the election jurisdiction where the
polling place in which the candidate seeks admittance is
located, and shall be available for distribution at least 2
weeks prior to the election. Such credentials shall be
signed by the candidate.
Candidate credentials shall be in substantially the
following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a
candidate for ....... (name of office) and seek admittance to
....... precinct of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the .......
election to be held on ...., 19.... (insert date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all
proceedings relating to the conduct of the election and to
station themselves in a position in the voting room as will
enable them to observe the judges making the signature
comparison between the voter application and the voter
registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to
the attention of the judges of election any incorrect
procedure or apparent violations of this Code.
If a majority of the judges of election determine that
the polling place has become too overcrowded with
pollwatchers so as to interfere with the orderly conduct of
the election, the judges shall, by lot, limit such
pollwatchers to a reasonable number, except that each
candidate and each established or new political party shall
be permitted to have at least one pollwatcher present.
Representatives of an election authority, with regard to
an election under its jurisdiction, the State Board of
Elections, and law enforcement agencies, including but not
limited to a United States Attorney, a State's attorney, the
Attorney General, and a State, county, or local police
department, in the performance of their official election
duties, shall be permitted at all times to enter and remain
in the polling place. Upon entering the polling place, such
representatives shall display their official credentials or
other identification to the judges of election.
Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of
election.
The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53. As soon as the ballots of a political party
shall have been read and the votes of the political party
counted, as provided in the last above section, the 3 judges
in charge of the tally sheets shall foot up the tally sheets
so as to show the total number of votes cast for each
candidate of the political party and for each candidate for
State Central committeeman and precinct committeeman,
township committeeman or ward committeeman, and delegate and
alternate delegate to National nominating conventions, and
certify the same to be correct. Thereupon, the primary judges
shall set down in a certificate of results on the tally
sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at
full length, the name of the office for which he is a
candidate for nomination or for committeeman, or delegate or
alternate delegate to National nominating conventions, the
total number of votes which the candidate received, and they
shall also set down the total number of ballots voted by the
primary electors of the political party in the precinct. The
certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the
(1) *township of ...., or (2) *City of ...., or (3) *....
ward in the city of .... on (insert date), the .... day of
...., 19.., the primary electors of the .... party voted ....
ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party,
received respectively the following votes:
Name of No. of
Candidate, Title of Office, Votes
John Jones Governor 100
Sam Smith Governor 70
Frank Martin Attorney General 150
William Preston Rep. in Congress 200
Frederick John Circuit Judge 50
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and
correct.
Dated (insert date). this .... day of ...., 19....
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 and Article 24A,
whichever is applicable.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. The name of no candidate for nomination shall
be printed upon the primary ballot unless a petition for
nomination shall have been filed in his behalf as provided
for in this Section. Each such petition shall include as a
part thereof the oath required by Section 7-10.1 of this Act
and a statement of candidacy by the candidate filing or in
whose behalf the petition is filed. This statement shall set
out the address of such candidate, the office for which he is
a candidate, shall state that the candidate is a qualified
primary voter of the party to which the petition relates, is
qualified for the office specified and has filed a statement
of economic interests as required by the Illinois
Governmental Ethics Act, shall request that the candidate's
name be placed upon the official ballot and shall be
subscribed and sworn by such candidate before some officer
authorized to take acknowledgment of deeds in this State and
may be in substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at
.... street in the city (or village of) .... in the county of
.... State of Illinois; that I am a qualified voter therein
and am a qualified primary voter of .... party; that I am a
candidate for nomination to the office of .... to be voted
upon at the primary election to be held on (insert date); the
.... day of ...., 19..; that I am legally qualified to hold
such office and that I have filed a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the
official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of .... 19...
Signed .... (Official Character)
(Seal if officer has one.)
All petitions for nomination for the office of State
Senator shall be signed by 1% or 600, whichever is greater,
of the qualified primary electors of the candidate's party in
his legislative district, except that for the first primary
following a redistricting of legislative districts, such
petitions shall be signed by at least 600 qualified primary
electors of the candidate's party in his legislative
district.
All petitions for nomination for the office of
Representative in the General Assembly shall be signed by at
least 1% or 300, whichever is greater, of the qualified
primary electors of the candidate's party in his or her
representative district, except that for the first primary
following a redistricting of representative districts such
petitions shall be signed by at least 300 qualified primary
electors of the candidate's party in his or her
representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified
primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well
as the signer's city, village or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
In the affidavit at the bottom of each sheet, the
petition circulator, who shall have been a registered voter
at all times he or she circulated the petition, shall state
his street address or rural route number, as the case may be,
as well as his city, village or town.
In the affidavit at the bottom of each petition sheet,
the petition circulator shall either (1) indicate the dates
on which he or she circulated that sheet, or (2) indicate the
first and last dates on which the sheet was circulated, or
(3) certify that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition. No petition sheet shall be
circulated more than 90 days preceding the last day provided
in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
revised 10-20-98.)
(10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
Sec. 9-1.7. "Local political committee" means the
candidate himself or any individual, trust, partnership,
committee, association, corporation, or any other
organization or group of persons which:
(a) accepts contributions or grants or makes
expenditures during any 12-month period in an aggregate
amount exceeding $3,000 on behalf of or in opposition to
a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interests with the county clerk,
or on behalf of or in opposition to a candidate or
candidates for election to the office of ward or township
committeeman in counties of 3,000,000 or more
population;.
(b) accepts contributions or makes expenditures
during any 12-month period in an aggregate amount
exceeding $3,000 in support of or in opposition to any
question of public policy to be submitted to the electors
of an area encompassing no more than one county;, or
(c) accepts contributions or makes expenditures
during any 12-month period in an aggregate amount
exceeding $3,000 and has as its primary purpose the
furtherance of governmental, political or social values,
is organized on a not-for-profit basis, and which
publicly endorses or publicly opposes a candidate or
candidates for public office who are required by the
Illinois Governmental Ethics Act to file statements of
economic interest with the County Clerk or a candidate or
candidates for the office of ward or township
committeeman in counties of 3,000,000 or more population.
(Source: P.A. 89-405, eff. 11-8-95; 90-737, eff. 1-1-99;
revised 10-28-98.)
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
Sec. 10-6.2. The State Board of Elections, the election
authority or the local election official with whom petitions
for nomination are filed pursuant to this Article 10 shall
specify the place where filings shall be made and upon
receipt shall endorse thereon the day and the hour at which
each petition was filed. Except as provided by Article 9 of
The School Code, all petitions filed by persons waiting in
line as of 8:00 a.m. on the first day for filing, or as of
the normal opening hour of the office involved on such day,
shall be deemed filed as of 8:00 a.m. or the normal opening
hour, as the case may be. Petitions filed by mail and
received after midnight of the first day for filing and in
the first mail delivery or pickup of that day shall be deemed
filed as of 8:00 a.m. of that day or as of the normal opening
hour of such day, as the case may be. All petitions received
thereafter shall be deemed filed in the order of actual
receipt. Where 2 or more petitions are received
simultaneously, the State Board of Elections, the election
authority or the local election official with whom such
petitions are filed shall break ties and determine the order
of filing by means of a lottery or other fair and impartial
method of random selection approved by the State Board of
Elections. Such lottery shall be conducted within 9 days
following the last day for petition filing and shall be open
to the public. Seven days written notice of the time and
place of conducting such random selection shall be given, by
the State Board of Elections, the election authority, or
local election official, to the Chairman of each political
party, and to each organization of citizens within the
election jurisdiction which was entitled, under this Code, at
the next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, the
election authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery. All
candidates shall be certified in the order in which their
petitions have been filed and in the manner prescribed by
Section 10-14 and 10-15 of this Article. Where candidates
have filed simultaneously, they shall be certified in the
order determined by lot and prior to candidates who filed for
the same office or offices at a later time. Certificates of
nomination filed within the period prescribed in Section
10-6(2) for candidates nominated by caucus for township or
municipal offices shall be subject to the ballot placement
lottery for established political parties prescribed in
Section 7-60 of this Code.
If multiple sets of nomination papers are filed for a
candidate to the same office, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the candidate of his or her multiple petition filings
and that the candidate has 3 business days after receipt of
the notice to notify the State Board of Elections,
appropriate election authority or local election official
that he or she may cancel prior sets of petitions. If the
candidate notifies the State Board of Elections, appropriate
election authority or local election official, the last set
of petitions filed shall be the only petitions to be
considered valid by the State Board of Elections, election
authority or local election official. If the candidate fails
to notify the State Board of Elections, appropriate election
authority or local election official then only the first set
of petitions filed shall be valid and all subsequent
petitions shall be void.
(Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised
10-31-98.)
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
Sec. 12-1. At least 60 days prior to each general and
consolidated election, the election authority shall provide
public notice, calculated to reach elderly and handicapped
voters, of the availability of registration and voting aids
under the Federal Voting Accessibility for the Elderly and
Handicapped Act, of the availability of assistance in marking
the ballot, and procedures for voting by absentee ballot.
At least 30 days before any general election, and at
least 20 days before any special congressional election, the
county clerk shall publish a notice of the election in 2 or
more newspapers published in the county, city, village,
incorporated town or town, as the case may be, or if there is
no such newspaper, then in any 2 or more newspapers published
in the county and having a general circulation throughout the
community. The notice may be substantially as follows:
Notice is hereby given that on (give date), at (give the
place of holding the election and the name of the precinct or
district) in the county of (name county), an election will be
held for (give the title of the several offices to be
filled), which election will be open at 6:00 a.m. and
continued open until 7:00 p.m. of that day.
Dated at .... on (insert date). this .... day of ....,
19...
(Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)
(10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
Sec. 14-4. The leading political party represented by a
minority of all the commissioners in the board shall be
entitled to 2 of the judges in each precinct with an even
number, and 3 of the judges in each precinct with an odd
number, and the other leading political party shall be
entitled to 3 judges in the even and 2 judges in the odd
number precincts; and if only 3 judges of election serve in
each precinct, the leading political party represented by the
minority of all the commissioners in the board shall be
entitled to one of the judges of election in each precinct
with an even number, and 2 of the judges of election in each
precinct with an odd number, and the other leading political
party shall be entitled to 2 judges of election in the even
and one judge of election in the odd number precincts; and it
shall be the duty of such commissioners to observe this
division in all respects in making such appointments; except
that this Section does not apply to appointments by county
boards of election commissioners under Section 14-3.1.
(Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.)
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall give his
name and, if required to do so, his residence to the judges
of election, one of whom shall thereupon announce the same in
a loud and distinct tone of voice, clear, and audible; the
judges of elections shall check each application for ballot
against the list of voters registered in that precinct to
whom absentee ballots have been issued for that election,
which shall be provided by the election authority and which
list shall be available for inspection by pollwatchers. A
voter applying to vote in the precinct on election day whose
name appears on the list as having been issued an absentee
ballot shall not be permitted to vote in the precinct unless
that voter submits to the judges of election, for
cancellation or revocation, his absentee ballot. In the case
that the voter's absentee ballot is not present in the
polling place, it shall be sufficient for any such voter to
submit to the judges of election in lieu of his absentee
ballot, either a portion of such ballot if torn or mutilated,
an affidavit executed before the judges of election
specifying that the voter never received an absentee ballot,
or an affidavit executed before the judges of election
specifying that the voter desires to cancel or revoke any
absentee ballot that may have been cast in the voter's name.
All applicable provisions of Articles 4, 5 or 6 shall be
complied with and if such name is found on the register of
voters by the officer having charge thereof, he shall
likewise repeat said name, and the voter shall be allowed to
enter within the proximity of the voting booths, as above
provided. One of the judges shall give the voter one, and
only one of each ballot to be voted at the election, on the
back of which ballots such judge shall indorse his initials
in such manner that they may be seen when each such ballot is
properly folded, and the voter's name shall be immediately
checked on the register list. In those election jurisdictions
where perforated ballot cards are utilized of the type on
which write-in votes can be cast above the perforation, the
election authority shall provide a space both above and below
the perforation for the judge's initials, and the judge shall
endorse his or her initials in both spaces. Whenever a
proposal for a constitutional amendment or for the calling of
a constitutional convention is to be voted upon at the
election, the separate blue ballot or ballots pertaining
thereto shall, when being handed to the voter, be placed on
top of the other ballots to be voted at the election in such
manner that the legend appearing on the back thereof, as
prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter. At all elections, when a registry may
be required, if the name of any person so desiring to vote at
such election is not found on the register of voters, he or
she shall not receive a ballot until he or she shall have
complied with the law prescribing the manner and conditions
of voting by unregistered voters. If any person desiring to
vote at any election shall be challenged, he or she shall not
receive a ballot until he or she shall have established his
right to vote in the manner provided hereinafter; and if he
or she shall be challenged after he has received his ballot,
he shall not be permitted to vote until he or she has fully
complied with such requirements of the law upon being
challenged. Besides the election officer, not more than 2
voters in excess of the whole number of voting booths
provided shall be allowed within the proximity of the voting
booths at one time. The provisions of this Act, so far as
they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward; that I have
maintained a legal residence in this precinct and ward for 30
days and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................
Judge of Election.
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he or she has maintained a legal residence
therein 30 days and in this State 30 days next preceding this
election.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6
months, during which period such affidavits shall be deemed
public records and shall be freely open to examination as
such.
(Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)
(10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
Sec. 17-10. (a) Whenever, at any election, in any
precinct, any person offering to vote is not personally known
to the judges of election to have the qualifications required
in this Act, if his vote is challenged by a legal voter at
such election, he or she shall make and subscribe an
affidavit, in the following form, which shall be retained by
the judges of election, and returned by them affixed to the
poll books or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ...., do solemnly swear (or affirm) that I am a
citizen of the United States; that I am 18 years of age or
over; that I have resided in this State and in this election
district 30 days next preceding this election; that I have
not voted at this election; that I am a duly qualified voter
in every respect; that I now reside at (here give the
particular house or place of residence, and, if in a town or
city, the street and number), in this election district; *1.
that I registered to vote from said address; *2. that I
changed my residence to the above address from ...., both of
which are in this election district; *3. that I changed my
name from .... to that which I have signed below; *4. that I
have not changed my residence but my address has changed as a
result of implementation of a 9-1-1 emergency telephone
system.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
.........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
.........................
*1. If registration is not required, draw a line through
1 above.
*2. Fill in the blank ONLY if you have moved within 2
years.
*3. Fill in the blank ONLY if you have changed your name
within 2 years.
*4. Fill in the blank ONLY if you have not changed your
residence but your address has changed as a result of
implementation of a 9-1-1 emergency telephone system.
In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of
residence by producing two forms of identification showing
the person's current residence address, provided that such
identification may include not more than one piece of mail
addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the
election, or the person shall procure a witness personally
known to the judges of election, and resident in the precinct
(or district), or who shall be proved by some legal voter of
such precinct or district, known to the judges to be such,
who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this
State, 30 days next preceding this election.
The oath in each case may be administered by either of
the judges of election, or by any officer, resident in the
precinct or district, authorized by law to administer oaths.
(b) Whenever, at any regular or special election, in any
precinct, district, city, village, incorporated town, town or
ward, any person offering to vote has moved therefrom within
30 days prior to said regular or special election, he shall
make and subscribe an affidavit, in the following form, which
shall be supported by providing to the judges of election
proof of residence by producing two forms of identification
showing the person's current residence address, provided that
such identification may include not more than one piece of
mail addressed to the person at his current residence address
and postmarked not earlier than 30 days prior to the date of
the election, or by one 1 affidavit of a registered voter in
the precinct, as provided herein, both of which shall be
retained by the judges of election, and returned by them
affixed to the poll books or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ........., do solemnly swear (or affirm) that I am a
citizen of the United States; that I am 18 years of age;
that I have not voted at this election; that prior to 30 days
preceding this election I was a duly qualified and registered
voter in every respect in this election district; that I have
recently moved from (here give the particular house or place
of residence, and, if in a town or city, the street and
number), in this election district; that I now reside at
(here give the particular house or place of residence, and,
if in a town or city, the street and number), in another
election district in the State.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
......................
Subscribed and sworn to before me on (insert date). this
............. day of ........, 19......
......................
State of Illinois)
)ss.
County of .......)
......... Precinct ........ Ward
I, ........, do solemnly swear (or affirm), that I am a
resident of this precinct and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to have been an actual
bona fide resident and registered voter of this precinct and
that he maintained a legal residence therein, 30 days next
preceding this election.
....................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
....................
Judge of Election.
The oath may be administered by either of the judges of
election, or by any officer, resident in the precinct or
district, authorized by law to administer oaths.
(Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.)
(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
Sec. 17-17. After the opening of the polls no
adjournment shall be had nor shall any recess be taken, until
all the votes cast at such election have shall be been
counted and the result publicly announced, except that when
necessary one judge at a time may leave the polling place for
a reasonable time during the casting of ballots, and except
that when a polling place is inaccessible to a disabled
voter, one team of 2 judges of opposite party affiliation may
leave the polling place to deliver a ballot to such voter, as
provided in Sections 7-47.1 and 17-13 of this Code. When a
judge leaves and returns, such judge shall sign a time sheet
indicating the length of the period such judge is absent from
his duties. When absent, the judge shall authorize someone
of the same political party as himself to act for him until
he returns.
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A,
whichever is applicable.
(Source: P.A. 84-808; revised 10-31-98.)
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
Sec. 17-23. Pollwatchers in a general election shall be
authorized in the following manner:
(1) Each established political party shall be entitled
to appoint two pollwatchers per precinct. Such pollwatchers
must be affiliated with the political party for which they
are pollwatching. For all elections, except as provided in
subsection (4), one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For all elections, one
pollwatcher must be registered to vote from a residence in
the county in which he is pollwatching. The second
pollwatcher must be registered to vote from a residence in
the precinct or ward in which he is pollwatching.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election
frauds, and which shall have registered its name and address
and the name and addresses of its principal officers with the
proper election authority at least 40 days before the
election, shall be entitled to appoint one pollwatcher per
precinct. For all elections, such pollwatcher must be
registered to vote from a residence in the county in which he
is pollwatching.
(4) In any general election held to elect candidates for
the offices of a municipality of less than 3,000,000
population that is situated in 2 or more counties, a
pollwatcher who is a resident of a county in which any part
of the municipality is situated shall be eligible to serve as
a pollwatcher in any poll located within such municipality,
provided that such pollwatcher otherwise complies with the
respective requirements of subsections (1) through (3) of
this Section and is a registered voter whose residence is
within the municipality.
(5) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the election, shall be entitled to
appoint one pollwatcher per precinct. Such pollwatcher must
be registered to vote from a residence in the county in which
the ballot proposition is being voted upon.
All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be authorized by the real or facsimile
signature of the State or local party official or the
candidate or the presiding officer of the civic organization
or the chairman of the proponent or opponent group, as the
case may be.
Pollwatcher credentials shall be in substantially the
following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code,
the undersigned hereby appoints .......... (name of
pollwatcher) who resides at ........... (address) in the
county of ..........., .......... (township or municipality)
of ........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a
pollwatcher in the ........... precinct of the ...........
ward (if applicable) of the ........... (township or
municipality) of ........... at the ........... election to
be held on .........., 19.. (insert date).
........................ (Signature of Appointing Authority)
......................... TITLE (party official, candidate,
civic organization president,
proponent or opponent group chairman)
Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at ................ (address) in the
county of ............, ......... (township or municipality)
of ........... (name), State of Illinois, and is duly
registered to vote from that address.
.......................... .......................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of
the qualifications of the pollwatcher authorized thereby.
Such credentials are retained by the Judges and returned to
the Election Authority at the end of the day of election with
the other election materials. Once a pollwatcher has
surrendered a valid credential, he may leave and reenter the
polling place provided that such continuing action does not
disrupt the conduct of the election. Pollwatchers may be
substituted during the course of the day, but established
political parties, candidates and qualified civic
organizations can have only as many pollwatchers at any given
time as are authorized in this Article. A substitute must
present his signed credential to the judges of election upon
entering the polling place. Election authorities must
provide a sufficient number of credentials to allow for
substitution of pollwatchers. After the polls have closed
pollwatchers shall be allowed to remain until the canvass of
votes is completed; but may leave and reenter only in cases
of necessity, provided that such action is not so continuous
as to disrupt the canvass of votes.
Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or
municipality shall be required to have proper credentials.
Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile signature of the
election authority of the election jurisdiction where the
polling place in which the candidate seeks admittance is
located, and shall be available for distribution at least 2
weeks prior to the election. Such credentials shall be
signed by the candidate.
Candidate credentials shall be in substantially the
following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a
candidate for ....... (name of office) and seek admittance to
....... precinct of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the .......
election to be held on ...., 19.... (insert date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all
proceedings relating to the conduct of the election and to
station themselves in a position in the voting room as will
enable them to observe the judges making the signature
comparison between the voter application and the voter
registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to
the attention of the judges of election any incorrect
procedure or apparent violations of this Code.
If a majority of the judges of election determine that
the polling place has become too overcrowded with
pollwatchers so as to interfere with the orderly conduct of
the election, the judges shall, by lot, limit such
pollwatchers to a reasonable number, except that each
established or new political party shall be permitted to have
at least one pollwatcher present.
Representatives of an election authority, with regard to
an election under its jurisdiction, the State Board of
Elections, and law enforcement agencies, including but not
limited to a United States Attorney, a State's attorney, the
Attorney General, and a State, county, or local police
department, in the performance of their official election
duties, shall be permitted at all times to enter and remain
in the polling place. Upon entering the polling place, such
representatives shall display their official credentials or
other identification to the judges of election.
Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of
election.
The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. In case an absent voter's ballot is received
by the election authority prior to the delivery of the
official ballots to the judges of election of the precinct in
which said elector resides, such ballot envelope and
application, sealed in the carrier envelope, shall be
enclosed in such package and therewith delivered to the
judges of such precinct. In case the official ballots for
such precinct have been delivered to the judges of election
at the time of the receipt by the election authority of such
absent voter's ballot, such authority shall immediately
enclose said envelope containing the absent voter's ballot,
together with his application therefor, in a larger or
carrier envelope which shall be securely sealed and addressed
on the face to the judges of election, giving the name or
number of precinct, street and number of polling place, city
or town in which such absent voter is a qualified elector,
and the words, "This envelope contains an absent voter's
ballot and must be opened only on election day at the polls
immediately after the polls are closed," "mailing the same,
postage prepaid, to such judges of election, or if more
convenient, such officer may deliver such absent voter's
ballot to the judges of election in person or by duly
deputized agent, said officer to secure his receipt for
delivery of such ballot or ballots. Absent voters' ballots
returned by absentee voters to the election authority after
the closing of the polls on an election day shall be endorsed
by the election authority receiving the same with the day and
hour of receipt and shall be safely kept unopened by such
election authority for the period of time required for the
preservation of ballots used at such election, and shall
then, without being opened, be destroyed in like manner as
the used ballots of such election.
All absent voters' ballots received by the election
authority after 12:00 noon on election day or too late for
delivery to the proper polling place before the closing of
the polls on election day, and Special Write-In Absentee
Voter's Blank Ballots, except ballots returned by mail
postmarked after midnight preceding the opening of the polls
on election day, shall be endorsed by the election authority
receiving the same with the day and hour of receipt and shall
be counted in the office of the election authority on the day
of the election after 7:00 p.m. All absent voters' ballots
delivered in error to the wrong precinct polling place shall
be returned to the election authority and counted under this
provision; however, all absentee ballots received by the
election authority by the close of absentee voting in the
office of the election authority on the day preceding the day
of election shall be delivered to the proper precinct polling
places in time to be counted by the judges of election.
Such counting shall commence no later than 8:00 p.m. and
shall be conducted by a panel or panels of election judges
appointed in the manner provided by law. Such counting shall
continue until all absent voters' ballots received as
aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and
Articles 17 and 18 of this Code, shall apply to all absent
voters' ballots counted under this provision, including
comparing the signature on the ballot envelope with the
signature of the voter on the permanent voter registration
record card taken from the master file; except that votes
shall be recorded without regard to precinct designation,
except for precinct offices.
(Source: P.A. 86-875; revised 10-31-98.)
(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
Sec. 24-1.1. The county board of each county having a
population of 35,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 35,000 or more with respect to elections under
its jurisdiction, must provide either voting machines in
accordance with this Article or electronic voting systems in
accordance with Article 24A for each precinct for all such
elections except as provided in Section 24-1.2 except in
elections held pursuant to the provisions of Section 12 of
Article VI of the Constitution relating to retention of
judges in office, in which event, the special ballot
containing the propositions on the retention of judges may be
placed on the voting machines or devices. For purposes of
this Section 24-1.1, the term "population" does not include
persons prohibited from voting by Section 3-5 of this Act.
Before voting machines or electronic voting systems are
introduced, adopted or used in any precinct or territory at
least 2 months public notice must be given before the date of
the first election wherein such machines are to be used. The
election authority shall publish the notice at least once in
one or more newspapers published within its jurisdiction in
which the election is held. If there is no such newspaper,
the notice shall be published in a newspaper published in the
county and having a general circulation within such political
subdivision of this State. The notice shall be substantially
as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
.... an election will be held for ....(give name of office to
be filled).... at which voting machines will be used.
Dated at .... on (insert date). this .... day of ....
19...
The notice referred to herein shall be given only at the
first election at which such voting machines or electronic
voting systems are used.
(Source: P.A. 81-891; revised 10-20-98.)
(10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
Sec. 24A-3. Except as otherwise provided in this Section,
any county board, board of county commissioners and any board
of election commissioners, with respect to territory within
its jurisdiction, may adopt, experiment with, or abandon a
voting system approved for use by the State Board of
Elections and may use such voting system in all or some of
the precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any such county board,
board of county commissioners or board of election
commissioners may contract for the tabulation of votes at a
location outside its territorial jurisdiction when there is
no suitable tabulating equipment available within its
territorial jurisdiction. In no case may a county board,
board of county commissioners or board of election
commissioners contract or arrange for the purchase, lease or
loan of an electronic voting system or voting system
component without the approval of the State Board of
Elections as provided by Section 24A-16. However, the county
board and board of county commissioners of each county having
a population of 40,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 40,000 or more, with respect to elections under
its jurisdiction, must provide either voting systems approved
for use by the State Board of Elections under this Article or
voting machines under Article 24 for each precinct for all
such elections except as provided in Section 24-1.2. For
purposes of this Section 24A-3, the term "population" does
not include persons prohibited from voting by Section 3-5 of
this Act.
Before any such system is introduced, adopted or used in
any precinct or territory at least 2 months public notice
must be given before the date of the first election wherein
such voting system is to be used. The election authority
shall publish the notice at least once in one or more
newspapers published within the county, or other
jurisdiction, as the case may be, in which the election is
held. If there is no such newspaper, the notice shall be
published in a newspaper published in the county and having a
general circulation within such jurisdiction. The notice
shall be substantially as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
...., an election will be held for ....(give name of offices
to be filled).... at which an electronic voting system will
be used.
Dated at .... on (insert date). this .... day of ....
19...
The notice referred to herein shall be given only at the
first election at which such voting machines or voting
systems are used.
(Source: P.A. 85-958; revised 10-20-98.)
(10 ILCS 5/24B-3)
Sec. 24B-3. Adoption, experimentation or abandonment of
Precinct Tabulation Optical Scan Technology system;
Boundaries of precincts; Notice. Except as otherwise
provided in this Section, any county board, board of county
commissioners and any board of election commissioners, with
respect to territory within its jurisdiction, may adopt,
experiment with, or abandon a Precinct Tabulation Optical
Scan Technology voting system approved for use by the State
Board of Elections and may use the Precinct Tabulation
Optical Scan Technology voting system in all or some of the
precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any county board, board of
county commissioners or board of election commissioners may
contract for the tabulation of votes at a location outside
its territorial jurisdiction when there is no suitable
tabulating equipment available within its territorial
jurisdiction. In no case may a county board, board of county
commissioners or board of election commissioners contract or
arrange for the purchase, lease or loan of an electronic
Precinct Tabulation Optical Scan Technology voting system or
Precinct Tabulation Optical Scan Technology voting system
component without the approval of the State Board of
Elections as provided by Section 24B-16. However, the county
board and board of county commissioners of each county having
a population of 40,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 40,000 or more, with respect to elections under
its jurisdiction, must provide either Precinct Tabulation
Optical Scan Technology voting systems approved for use by
the State Board of Elections under this Article or voting
systems under Article 24A or Article 24 for each precinct for
all such elections except as provided in Section 24-1.2. For
purposes of this Section 24B-3, the term "population" does
not include persons prohibited from voting by Section 3-5 of
this Code.
Before any such Precinct Tabulation Optical Scan
Technology system is introduced, adopted or used in any
precinct or territory at least 2 months public notice must be
given before the date of the first election where the
Precinct Tabulation Optical Scan Technology voting system is
to be used. The election authority shall publish the notice
at least once in one or more newspapers published within the
county, or other jurisdiction, where the election is held.
If there is no such newspaper, the notice shall be published
in a newspaper published in the county and having a general
circulation within such jurisdiction. The notice shall be
substantially as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
...., an election will be held for ....(give name of offices
to be filled).... at which a Precinct Tabulation Optical Scan
Technology electronic voting system will be used.
Dated at.... on (insert date). this .... day of ....
19....
This notice referred to shall be given only at the first
election at which the Precinct Tabulation Optical Scan
Technology voting machines or Precinct Tabulation Optical
Scan Technology voting systems are used.
(Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)
Section 11. The Secretary of State Act is amended by
changing Section 5 as follows:
(15 ILCS 305/5) (from Ch. 124, par. 5)
Sec. 5. It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all
commissions required by law to be issued by the Governor.
2. To make a register of all appointments by the
Governor, specifying the person appointed, the office
conferred, the date of the appointment, the date when bond or
oath is taken and the date filed. If Senate confirmation is
required, the date of the confirmation shall be included in
the register.
3. To make proper indexes to public acts, resolutions,
papers and documents in his office.
3-a. To review all rules of all State agencies adopted
in compliance with the codification system prescribed by the
Secretary. The review shall be for the purposes and include
all the powers and duties provided in the Illinois
Administrative Procedure Act. The Secretary of State shall
cooperate with the Legislative Information System to insure
the accuracy of the text of the rules maintained under the
Legislative Information System Act.
4. To give any person requiring the same paying the
lawful fees therefor, a copy of any law, act, resolution,
record or paper in his office, and attach thereto his
certificate, under the seal of the state.
5. To take charge of and preserve from waste, and keep
in repair, the houses, lots, grounds and appurtenances,
situated in the City of Springfield, and belonging to or
occupied by the State, the care of which is not otherwise
provided for by law, and to take charge of and preserve from
waste, and keep in repair, the houses, lots, grounds and
appurtenances, situated in the State outside the City of
Springfield where such houses, lots, grounds and
appurtenances are occupied by the Secretary of State and no
other State officer or agency.
6. To supervise the distribution of the laws.
7. To perform such other duties as may be required by
law. The Secretary of State may, within appropriations
authorized by the General Assembly, maintain offices in the
State Capital and in such other places in the State as he may
deem necessary to properly carry out the powers and duties
vested in him by law.
(Source: P.A. 88-161; revised 10-31-98.)
Section 12. The Illinois Identification Card Act is
amended by changing Section 14B as follows:
(15 ILCS 335/14B) (from Ch. 124, par. 34B)
Sec. 14B. Fraudulent identification card.
(a) As used in this Section:
1. "A fraudulent identification card" means any
identification card which purports to be an official
identification card for which a computerized number and
file have not been created by the Secretary of State, the
United States Government or any state or political
subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this
paragraph, any identification card which resembles an
official identification card in either size, color,
photograph location, or design or uses the word
"official", "state", "Illinois", or the name of any other
state or political subdivision thereof, or any
governmental or quasi-governmental organization
individually or in any combination thereof to describe or
modify the term "identification card" or "I.D. card"
anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the
card, is deemed to be a fraudulent identification card
unless the words "This is not an official Identification
Card", appear prominently upon it in black colored
lettering in 12 point type on the photograph side of the
card, and no such card shall be smaller in size than 3
inches by 4 inches, and the photograph shall be on the
left side of the card only.
2. "A license-making implement" means any implement
specially designed or primarily used in the manufacture,
assembly or authentication of any identification card
issued by the Secretary of State, the United States
Government, the State of Illinois or any other state or
political subdivision of the state, or any governmental
or quasi-governmental organization. Such implements
include, but are not limited to, cameras used for
creating identification card photographs, camera cards,
or identification card laminates.
(b) It is a violation of this Section for any person:
1. To knowingly possess, display, or cause to be
displayed any fraudulent identification card;
2. To knowingly possess, display or cause to be
displayed any fraudulent identification card for the
purpose of obtaining any account, credit, credit card or
debit card from a bank, financial institution or retail
mercantile establishment;.
3. To knowingly possess any fraudulent
identification card with the intent to commit a theft,
deception or credit or debit card fraud in violation of
any law of this State or any law of any other
jurisdiction;
4. To knowingly possess any fraudulent
identification card with the intent to commit any other
violation of any law of this State or any law of any
other jurisdiction for which a sentence to a term of
imprisonment in a penitentiary for one year or more is
provided;
5. To knowingly possess any fraudulent
identification card while in unauthorized possession of
any document, instrument or device capable of defrauding
another;
6. To knowingly possess any fraudulent
identification card with the intent to use the
identification card to acquire any other identification
document;
7. To knowingly possess without authority any
license-making implement;
8. To knowingly possess any stolen identification
card making implement;
9. To knowingly duplicate, manufacture, sell or
transfer any fraudulent identification card;
10. To advertise or distribute any information or
materials that promote the selling, giving, or furnishing
of a fraudulent identification card.
(c) Sentence.
1. Any person convicted of a violation of paragraph
1 of subsection (b) of this Section shall be guilty of a
Class 4 felony and shall be sentenced to a minimum fine
of $500 or 50 hours of community service, preferably at
an alcohol abuse prevention program, if available.
2. Any person convicted of a violation of any of
paragraphs 2 through 9 of subsection (b) of this Section
shall be guilty of a Class 4 felony. A person convicted
of a second or subsequent violation shall be guilty of a
Class 3 felony.
3. Any person who violates paragraph 10 of
subsection (b) of this Section is guilty of a Class A
misdemeanor.
(d) This Section does not prohibit any lawfully
authorized investigative, protective, law enforcement or
other activity of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(e) The Secretary of State may request the Attorney
General to seek a restraining order in the circuit court
against any person who violates paragraph 10 of subsection
(b) of this Section by advertising fraudulent identification
cards.
(Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.)
Section 13. The State Comptroller Act is amended by
changing Section 14 as follows:
(15 ILCS 405/14) (from Ch. 15, par. 214)
Sec. 14. Forms of documents. The Comptroller may
prescribe and require State agencies to use forms for all
documents required by law in the performance of his duties or
which he may reasonably require therefor. The Comptroller
may prescribe by rule the general nature of information to be
contained in contracts required to be filed with him under
Sections 11 and 15 of this Act. Any such rule shall be
adopted, amended or repealed as provided by the Illinois
Administrative Procedure Act.
The Comptroller may, when he deems it advisable for the
promotion of efficiency in State government, accept magnetic
tape vouchers, electronically submitted vouchers, and
computer output microfiche vouchers. The Comptroller shall
process such vouchers as provided in Section 9. These
vouchers shall be subject to conditions and requirements
established by the Comptroller.
Computer output microfiche vouchers shall be deemed
original records under the Comptroller's Records Act.
(Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.)
Section 14. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 15-45 as
follows:
(20 ILCS 301/15-45)
Sec. 15-45. Notice. For the purposes of this Act, the
notice required under Section 10-25 10 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(Source: P.A. 88-80; revised 10-31-98.)
Section 15. The Personnel Code is amended by changing
Sections 4c and 8c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in
this Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court, and
Attorney General.
(3) Judges, and officers and employees of the
courts, and notaries public.
(4) All officers and employees of the Illinois
General Assembly, all employees of legislative
commissions, all officers and employees of the Illinois
Legislative Reference Bureau, the Legislative Research
Unit, and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard
and Illinois State Guard, paid from federal funds or
positions in the State Military Service filled by
enlistment and paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by
the Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical
staff of the Illinois State Museum.
(9) All other employees except the presidents,
other principal administrative officers, and teaching,
research and extension faculties of the universities
under the jurisdiction of the Board of Regents and the
colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities,
Illinois Community College Board, Southern Illinois
University, Illinois Board of Higher Education, Board of
Governors of State Colleges and Universities, the Board
of Regents, University of Illinois, State Universities
Civil Service System, University Retirement System of
Illinois, so long as these are subject to the provisions
of the State Universities Civil Service Act.
(10) The State Police so long as they are subject
to the merit provisions of the State Police Act.
(11) The scientific staff of the State Scientific
Surveys and the Waste Management and Research Center.
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety and the Illinois Commerce Commission, and the
technical and engineering staff providing architectural
and engineering services in the Department of Central
Management Services.
(13) All employees of the Illinois State Toll
Highway Authority Commission.
(14) The Secretary of the Industrial Commission.
(15) All persons who are appointed or employed by
the Director of Insurance under authority of Section 202
of the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan
Area Airport Authority.
(17) All investment officers employed by the
Illinois State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley
Area Airport Authority.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
eff. 8-17-97; revised 10-31-98.)
(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
Sec. 8c. Jurisdiction C; conditions of employment. For
positions in the State service subject to the jurisdiction of
the Department of Central Management Services with respect to
conditions of employment:
(1) For establishment of a plan for resolving employee
grievances and complaints, excluding compulsory arbitration.
(2) For hours of work, holidays, and attendance
regulation in the various classes of positions in the State
service; for annual, sick and special leaves of absence, with
or without pay or with reduced pay; for compensatory time off
for overtime or for pay for overtime, and for the rate at
which compensatory time off is to be allowed or for the rate
which is to be paid for overtime. If the services of an
employee in the State service are terminated by reason of his
retirement, disability or death, he, or his estate, as the
case may be, shall be paid a lump sum, for the number of days
for leave for personal business which the employee had
accumulated but not used as of the date his services were
terminated, in an amount equal to 1/2 of his pay per working
day times the number of such leave days so accumulated and
not used.
(3) For the development and operation of programs to
improve the work effectiveness and morale of employees in the
State service, including training, safety, health, welfare,
counseling, recreation, employee relations, a suggestion
system, and others.
Employees whose tuition and fees are paid by the State,
either directly or by reimbursement, shall incur a work
commitment to the State. Employees whose State paid training
has not led to a postsecondary degree shall be obligated to
continue in the employ of the State, but not necessarily in
the same agency, for a period of at least 18 months following
completion of the most recent course. Employees whose State
paid training has led to a postsecondary degree and whose
State payments have paid for 50% or more of the required
credit hours shall be obligated to continue in the employ of
the State, but not necessarily in the same agency, for a
minimum of 4 years after receiving the degree.
If the employee does not fulfill this work commitment by
voluntarily leaving State employment, the State may recover
payments in a civil action and may also recover interest at
the rate of 1% per month from the time the State makes
payment until the time the State recovers the payment. The
amount the State may recover under this subsection (3) shall
be reduced by 25% of the gross amount paid by the State for
each year the employee is employed by the State after the
employee receives a postsecondary degree, and 1/18th of the
gross amount paid by the State for each month the employee is
employed by the State after the employee completes the most
recent course which has not led to a postsecondary degree.
The State shall not recover payments for course work or a
training program that was (a) started before the effective
date of this Act; (b) completed as a requirement for a
grammar school certificate or a high school diploma, to
prepare for a high school level General Educational
Development Test or to improve literacy or numeracy; (c)
specialized training in the form of a conference, seminar,
workshop or similar arrangement offered by public or private
organizations; (d) provided as part of the Upward Mobility
Program administered by the Department of Central Management
Services; or (e) a condition of continued employment.
Department of State Police employees who are enrolled in
an official training program that lasts longer than one year
shall incur a work commitment to the State. The work
commitment shall be 2 months for each month of completed
training. If the employee fails to fulfill this work
commitment by voluntarily leaving State employment, the State
may recover wages in a civil action and may also recover
interest at the rate of 1% per month from the time the State
makes payment until the time the State recovers the payment.
The amount the State may recover under this subsection (3)
shall be reduced by the number of months served after the
training is completed times the monthly salary at the time of
separation.
The Department of Central Management Services shall
promulgate rules governing recovery activities to be used by
all State agencies paying, whether directly or by
reimbursement, for employee tuition and fees. Each such
agency shall make necessary efforts, including pursuing
appropriate legal action, to recover the actual
reimbursements and applicable interest due the State under
this subsection (3).
(4) For the establishment of a sick pay plan in
accordance with Section 36 of the State Finance Act.
(5) For the establishment of a family responsibility
leave plan under which an employee in the State service may
request and receive a leave of absence for up to one year
without penalty whenever such leave is requested to enable
the employee to meet a bona fide family responsibility of
such employee. The procedure for determining and documenting
the existence of a bona fide family responsibility shall be
as provided by rule, but without limiting the circumstances
which shall constitute a bona fide family responsibility
under the rules, such circumstances shall include leave
incident to the birth of the employee's child and the
responsibility thereafter to provide proper care to that
child or to a newborn child adopted by the employee, the
responsibility to provide regular care to a disabled,
incapacitated or bedridden resident of the employee's
household or member of the employee's family, and the
responsibility to furnish special guidance, care and
supervision to a resident of the employee's household or
member of the employee's family in need thereof under
circumstances temporarily inconsistent with uninterrupted
employment in State service. The family responsibility leave
plan so established shall provide that any such leave shall
be without pay, that the seniority of the employee on such
leave shall not be reduced during the period of the leave,
that such leave shall not under any circumstance or for any
purpose be deemed to cause a break in such employee's State
service, that during the period of such leave any coverage of
the employee or the employee's dependents which existed at
the commencement of the leave under any group health,
hospital, medical and life insurance plan provided through
the State shall continue so long as the employee pays to the
State when due the full premium incident to such coverage,
and that upon expiration of the leave the employee shall be
returned to the same position and classification which such
employee held at the commencement of the leave. The Director
of Central Management Services shall prepare proposed rules
consistent with this paragraph within 45 days after the
effective date of this amendatory Act of 1983, shall promptly
thereafter cause a public hearing thereon to be held as
provided in Section 8 and shall within 120 days after the
effective date of this amendatory Act of 1983 cause such
proposed rules to be submitted to the Civil Service
Commission as provided in Section 8.
(6) For the development and operation of a plan for
alternative employment for any employee who is able to
perform alternative employment after a work related or
non-work related disability essentially precludes that
employee from performing his or her currently assigned
duties. Such a plan shall be voluntary for any employee and
nonparticipation shall not be grounds for denial of any
benefit to which the employee would otherwise be eligible.
Any plan seeking to cover positions for which there is a
recognized bargaining agent shall be subject to collective
bargaining between the parties.
(7) For the development and operation of an Executive
Development Program to provide scholarships for the receipt
of academic degrees or senior executive training beyond the
Bachelor's degree level for as many as 25 employees at any
given time:
(i) each of whom is nominated for such scholarship
by the head of the employee's agency and approved by the
Director;
(ii) who are subject to Term Appointment under
Section 8b.18 8b18 or who would be subject to such Term
Appointment but for Federal funding or who are exempt
from Jurisdiction B under subsections (2), (3) or (6) of
Section 4d of this Act:
(iii) who meet the admission standards established
by the institution awarding the advanced degree or
conducting the training;
(iv) each of whom agrees, as a condition of
accepting such scholarship, that the State may recover
the scholarship by garnishment, lien or other appropriate
legal action if the employee fails to continue in the
employ of the State, but not necessarily in the same
agency, for a minimum of 4 years following receipt of an
advanced degree or training and that the State may charge
interest from the time of payment until the time of
recovery of such scholarship of no less than 1% per month
or 12% per annum on all funds recovered by the State.
The amount the State may recover under this Section will
be reduced by 25% of the gross amount paid by the State
for each year of employment following receipt of the
advanced degree or training.
The Director shall in approving eligible employees for
the Executive Development Program make every attempt to
guarantee that at least 1/3 of the employees appointed to the
program reflect the ratio of sex, race, and ethnicity of
eligible employees.
Such scholarships shall not exceed the amount established
for tuition and fees for the applicable advanced degree or
training at State universities in Illinois whether the
employee enrolls at any Illinois public or private
institution, and shall not include any textbooks or equipment
such as personal computers.
The Department of Central Management Services shall make
necessary efforts, including appropriate legal action, to
recover scholarships and interest thereupon due subject to
recovery by the State under Subparagraph (iv) of this
Subsection (7).
(Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.)
Section 16. The Children and Family Services Act is
amended by changing Sections 5 and 9.8 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 5-415 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
5-415 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 55a of the 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 12-23-98.)
(20 ILCS 505/9.8) (from Ch. 23, par. 5009.8)
Sec. 9.8. Court Enforcement. The Department shall refer
to the State's Attorney, Attorney General, or to the proper
legal representative of the unit of government or private
agency, for judicial enforcement as herein provided,
instances of failure to make parental payments as required by
law. Action shall be brought in the circuit court to obtain
parental payments and the recovery of such payments may be
taken separately or they may be consolidated with actions to
obtain other child support. Such actions may be brought in
the name of the child receiving care and training, or may be
brought in the name of the Department or the unit of local
government, as the case requires, in behalf of such persons.
The court may enter orders for the payment of monies for
the care and training of the children as may be just and
equitable and may direct payment thereof for such period or
periods of time as the circumstances require. The order may
be entered against the parents or guardians and shall be
based upon the standard determined under Section 9.1 or an
amount determined by the court to reflect the ability to
contribute to the care and training of their children
provided by the Department.
When an order is entered for the parental payment for
care and training of the child, and the parent or guardian
willfully refuses to comply with its enforcement, the parent
or guardian may be declared in contempt of court and punished
therefor therefore.
(Source: P.A. 83-1037; revised 10-31-98.)
Section 17. The Civil Administrative Code of Illinois is
amended by changing Sections 46.6a, 46.19e, and 46.32a as
follows:
(20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
Sec. 46.6a. (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, which are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with 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 World's Worlds Fair.
(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, 1/3 of such
monies shall be used for grants to convention and tourism
bureaus in cities with a population greater than 500,000. The
remaining 2/3 of the annual appropriation shall be used for
grants to 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 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
which support an increased use of the State's parks or
historic sites.
(Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
(20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
Sec. 46.19e. The Department shall have the following
duties and responsibilities in regard to this Act:
(a) to 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;
(b) to provide technical assistance to prospective
export manufacturers and businesses seeking to establish
domestic and international export opportunities;
(c) to coordinate with the Department's Small Business
Development Centers to link buyers with prospective export
manufacturers and businesses;
(d) to promote, both domestically and abroad, products
made in Illinois and advise consumers and buyers of their
high quality standards and craftsmanship;
(e) to provide technical assistance toward establishment
of export trade corporations in the private sector;
(f) to 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;
(g) to collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State;
(h) to 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
(i) to undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 85-975; revised 10-31-98.)
(20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a)
Sec. 46.32a. (a) The Department shall promote
labor-management relations and provide assistance in the
development of local labor-management committees.
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.
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.
(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 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
four areas:
(1) At least 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:
(i) Be a formal, not-for-profit organization
structured for continuing service with voluntary
membership;
(ii) Be composed of labor and management
representatives;
(iii) Service a distinct and identifiable
geographic region;
(iv) Be staffed by a professional chief
executive officer;
(v) Have been established with the Department
for at least two years;
(vi) Operate in compliance with rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee; and
(vii) Ensure that 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:
(i) Enhancing the positive labor-management
relationship within the state, region, community
and/or work place;
(ii) Assisting in the retention, expansion and
attraction of businesses and jobs within the State
through special training programs, gathering and
dissemination of information and providing
assistance in local economic development efforts as
appropriate;
(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;
(iv) Acting as an intermediary for initiating
local programs between unions and employers which
would generally improve economic conditions in a
region;
(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, provided providing that the local committee
contributes at least 25 percent in matching funds, of
which no more than 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.
(2) Up to 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 which do not meet all of the
eligibility criteria set forth in subsection (1).
However, to be eligible to apply for a grant under this
subsection, the local labor-management committee, at a
minimum, shall:
(i) Be composed of labor and management
representatives;
(ii) Service a distinct and identifiable
geographic region;
(iii) Operate in compliance with the rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee;
(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, provided providing that the local
committee contributes at least 25 percent in matching
funds of which no more than 50 percent shall be "in-kind"
services. Funds received by a local committee pursuant
to paragraph (2) of subsection (b) of this Section shall
be used for the ordinary and operating expenses of the
local committee. Eligible committees shall be limited to
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 which
fail to qualify under paragraph (1) of subsection (b) of
this Section, previous years' funding shall be counted in
determining whether those committees have reached their
funding limit under this paragraph (2).
(3) Up to 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 proposals proposal detailing
the program specifications.
(4) Up to 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.
The Department is authorized to establish
applications, application procedures and promulgate any
rules deemed necessary in the administration of such
grants.
(c) To administer the grant programs created by this
Act, the Department shall establish an Office of
Labor-Management Cooperation. The purpose of this office
shall include, but not be limited to:
(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; 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 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; revised 10-31-98.)
Section 18. The Economic Development Area Tax Increment
Allocation Act is amended by changing Section 9 as follows:
(20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
Sec. 9. Powers of municipalities., In addition to powers
which it may now have, any municipality has the power under
this Act:
(a) To make and enter into all contracts necessary or
incidental to the implementation and furtherance of an
economic development plan.
(b) Within an economic development project area, to
acquire by purchase, donation, lease or eminent domain, and
to own, convey, lease, mortgage or dispose of land and other
real or personal property or rights or interests therein; and
to grant or acquire licenses, easements and options with
respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve
the objectives of the economic development project. No
conveyance, lease, mortgage, disposition of land or other
property acquired by the municipality, or agreement relating
to the development of property, shall be made or executed
except pursuant to prior official action of the municipality.
No conveyance, lease, mortgage or other disposition of land,
and no agreement relating to the development of property,
shall be made without making public disclosure of the terms
and disposition of all bids and proposals submitted to the
municipality in connection therewith.
(c) To clear any area within an economic development
project area by demolition or removal of any existing
buildings, structures, fixtures, utilities or improvements,
and to clear and grade land.
(d) To install, repair, construct, reconstruct or
relocate public streets, public utilities, and other public
site improvements within or without an economic development
project area which are essential to the preparation of an
economic development project area for use in accordance with
an economic development plan.
(e) To renovate, rehabilitate, reconstruct, relocate,
repair or remodel any existing buildings, improvements, and
fixtures within an economic development project area.
(f) To construct public improvements, including but not
limited to, buildings, structures, works, utilities or
fixtures within any economic development project area.
(g) To issue obligations as in this Act provided.
(h) To fix, charge and collect fees, rents and charges
for the use of any building, facility or property or any
portion thereof owned or leased by the municipality within an
economic development project area.
(i) To accept grants, guarantees, donations of property
or labor, or any other thing of value for use in connection
with an economic development project.
(j) To pay or cause to be paid economic development
project costs. Any payments to be made by the municipality to
developers or other nongovernmental persons for economic
development project costs incurred by such developer or other
nongovernmental person shall be made only pursuant to the
prior official action of the municipality evidencing an
intent to pay or cause to be paid such economic development
project costs. A municipality is not required to obtain any
right, title or interest in any real or personal property in
order to pay economic development project costs associated
with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that
such economic development project costs are properly paid.
(k) To exercise any and all other powers necessary to
effectuate the purposes of this Act.
(l) To create a commission of not less than 5 or more
than 15 persons to be appointed by the mayor or president of
the municipality with the consent of the majority of the
corporate authorities of the municipality. Members of a
commission shall be appointed for initial terms of 1, 2, 3,
4, and 5 years, respectively, in such numbers as to provide
that the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed
for a term of 5 years. The commission, subject to approval of
the corporate authorities, may exercise the powers enumerated
in this Section. The commission shall also have the power to
hold the public hearings required by this Act and make
recommendations to the corporate authorities concerning the
approval of economic development plans, the establishment of
economic development project areas, and the adoption of tax
increment allocation financing for economic development
project areas.
(Source: P.A. 86-38; revised 10-31-98.)
Section 19. The Illinois Enterprise Zone Act is amended
by changing Section 8 as follows:
(20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
Sec. 8. Zone Administration. The administration of an
Enterprise Zone shall be under the jurisdiction of the
designating municipality or county. Each designating
municipality or county shall, by ordinance, designate a Zone
Administrator for the certified zones within its
jurisdiction. A Zone Administrator must be an officer or
employee of the municipality or county. The Zone
Administrator shall be the liaison between the designating
municipality or county, the Department, and any designated
zone organizations within zones under his jurisdiction.
A designating municipality or county may designate one or
more organizations qualified under paragraph (d) of Section 3
to be designated zone organizations for purposes of this Act.
The municipality or county, may, by ordinance, delegate
functions within an Enterprise Zone to one or more designated
zone organizations in such zones.
Subject to the necessary governmental authorizations,
designated zone organizations may provide the following
services or perform the following functions in coordination
with the municipality or county:
(a) Provide or contract for provision of public services
including, but not limited to:
(1) establishment of crime watch patrols within
zone neighborhoods;
(2) establishment of volunteer day care centers;
(3) organization of recreational activities for
zone area youth;
(4) garbage collection;
(5) street maintenance and improvements;
(6) bridge maintenance and improvements;
(7) maintenance and improvement of water and sewer
lines;
(8) energy conservation projects;
(9) health and clinic services;
(10) drug abuse programs;
(11) senior citizen assistance programs;
(12) park maintenance;
(13) rehabilitation, renovation, and operation and
maintenance of low and moderate income housing; and
(14) other types of public services as provided by
law or regulation.;
(b) Exercise authority for the enforcement of any code,
permit, or licensing procedure within an Enterprise Zone.;
(c) Provide a forum for business, labor and government
action on zone innovations.;
(d) Apply for regulatory relief as provided in Section 8
of this Act.;
(e) Receive title to publicly owned land.;
(f) Perform such other functions as the responsible
government entity may deem appropriate, including offerings
and contracts for insurance with businesses within the Zone.;
(g) Agree with local governments to provide such public
services within the zones by contracting with private firms
and organizations, where feasible and prudent.
(h) Solicit and receive contributions to improve the
quality of life in the Enterprise Zone.
(Source: P.A. 82-1019; revised 10-31-98.)
Section 20. The Illinois Promotion Act is amended by
changing Section 4 as follows:
(20 ILCS 665/4) (from Ch. 127, par. 200-24)
Sec. 4. The Department shall have the following powers:
(a) To formulate a program for the promotion of tourism
and the film industry in the State of Illinois, including the
promotion of our State Parks, fishing and hunting areas,
historical shrines, vacation regions and areas of historic or
scenic interest.;
(b) To cooperate with civic groups and local, State and
federal departments and agencies, and agencies and
departments of other states in encouraging educational
tourism and developing programs therefor.;
(c) To publish tourist promotional material such as
brochures and booklets.;
(d) To promote tourism in Illinois by articles and
advertisements in magazines, newspapers and travel
publications and by establishing promotional exhibitions at
fairs, travel shows, and similar exhibitions.;
(e) To establish and maintain travel offices at major
points of entry to the State.;
(f) To recommend legislation relating to the
encouragement of tourism in Illinois.;
(g) To assist municipalities or local promotion groups in
developing new tourist attractions including but not limited
to feasibility studies and analyses, research and
development, and management and marketing planning for such
new tourist attractions.
(h) To do such other acts as shall, in the judgment of
the Department, be necessary and proper in fostering and
promoting tourism in the State of Illinois.
(i) To implement a program of matching grants to
counties, municipalities or local promotion groups and loans
to for-profit businesses for the development or improvement
of tourism attractions in Illinois under the terms and
conditions provided in this Act.
(j) To expend funds from the International and
Promotional Fund, subject to appropriation, on any activity
authorized under this Act.
(Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
Section 21. The Technology Advancement and Development
Act is amended by changing Section 2003 as follows:
(20 ILCS 700/2003) (from Ch. 127, par. 3702-3)
Sec. 2003. Grant evaluation and amounts.
(a) The Department shall evaluate grant applications
based upon criteria provided under this Section. The
Department shall not award any Challenge Grant that is not
recommended for funding by the Illinois Governor's Science
and Technology Advisory Committee or associated private
sector coalition. In determining which grant applicants
shall be awarded a Challenge Grant, the Department shall
conduct an evaluation of prior compliance with loan or grant
agreements for any grant applicant previously funded by the
Department. In addition, the Department shall consider the
following criteria in determining grant awards: the
relationship of a proposed advanced technology project to the
State's future economic growth; the qualifications and
expertise of consultants, firms or organizations undertaking
the effort; the potential for leveraging federal or private
research dollars, or both, for the initiative; the extent of
the capacity of the applicant or the applicant partnership or
consortium to finance the initiative; the potential for
adapting, commercializing or adopting the results of the
applicant's project for the economic benefit of the State;
and the likelihood that the project has a potential for
creating new jobs or retaining current jobs in the State.
(b) The Director of the Department shall determine the
level of the grant award and shall determine the share of
total directly attributable costs of an advanced technology
project which may be considered for funding under this
Article.
(c) The Department and the Department of Natural
Resources are hereby authorized to cooperate with and provide
support to the Illinois Governor's Science and Technology
Advisory Committee and its associated private sector
coalition. Such support may include the provision of office
space and may be technical, advisory or operational in
nature.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
Section 22. The Department of Natural Resources Act is
amended by changing Section 1-15 as follows:
(20 ILCS 801/1-15)
Sec. 1-15. General powers and duties.
(a) It shall be the duty of the Department to
investigate practical problems, implement studies, conduct
research and provide assistance, information and data
relating to the technology and administration of the natural
history, entomology, zoology, and botany of this State; the
geology and natural resources of this State; the water and
atmospheric resources of this State; and the archeological
and cultural history of this State.
(b) The Department shall obtain, store, and process
relevant data; recommend technological, administrative, and
legislative changes and developments; cooperate with other
federal, state, and local governmental research agencies,
facilities, or institutes in the selection of projects for
study; cooperate with the Board of Higher Education and with
the public and private colleges and universities in this
State in developing relevant interdisciplinary approaches to
problems; evaluate curricula at all levels of education and
provide assistance to instructors; and sponsor an annual
conference of leaders in government, industry, health, and
education to evaluate the state of this State's environment
and natural resources.
(c) The Director, in accordance with the Personnel Code,
shall employ such personnel, provide such facilities, and
contract for such outside services as may be necessary to
carry out the purposes of the Department. Maximum use shall
be made of existing federal and state agencies, facilities,
and personnel in conducting research under this Act.
(d) In addition to its other powers, the Department has
the following powers:
(1) To obtain, store, process, and provide data and
information related to the powers and duties of the
Department under this Act. This subdivision (d)(1) does
not give authority to the Department to require reports
from nongovernmental sources or entities.
(2) To cooperate with and support the Illinois
Governor's Science and Technology Advisory Committee and
the Illinois Coalition for the purpose of facilitating
the effective operations and activities of such entities.
Support may include, but need not be limited to,
providing space for the operations of the Committee and
the Illinois Coalition.
(e) The Department is authorized to make grants to local
not-for-profit organizations for the purposes of development,
maintenance and study of wetland areas.
(f) The Department has the authority to accept, receive
and administer on behalf of the State any gifts, bequests,
donations, income from property rental and endowments. Any
such funds received by the Department shall be deposited into
the Natural Resources Fund, a special fund which is hereby
created in the State treasury, and used for the purposes of
this Act or, when appropriate, for such purposes and under
such restrictions, terms and conditions as are predetermined
by the donor or grantor of such funds or property. Any
accrued interest from money deposited into the Natural
Resources Fund shall be reinvested into the Fund and used in
the same manner as the principal. The Director shall maintain
records which account for and assure that restricted funds or
property are disbursed or used pursuant to the restrictions,
terms or conditions of the donor.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
Section 23. The Civil Administrative Code of Illinois is
amended by changing Section 44a as follows:
(20 ILCS 1005/44a) (from Ch. 127, par. 44a)
Sec. 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 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; revised 10-31-98.)
Section 24. The Illinois Coal and Energy Development
Bond Act is amended by changing Section 8 as follows:
(20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
Sec. 8. Sale of bonds. The bonds shall be issued and
sold from time to time in such amounts as directed by the
Governor, upon recommendation by the Director of the Bureau
of the Budget. The bonds shall be serial bonds in the
denomination of $5,000 or some multiple thereof, shall be
payable within 30 years from their date, shall bear interest
payable annually or semiannually from their date at the rate
of not more than 15% per annum, or such higher maximum rate
as may be authorized by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as
amended, shall be dated, and shall be in such form as the
Director of the Bureau of the Budget shall fix and determine
in the order authorizing the issuance and sale of the bonds,
which order shall be approved by the Governor prior to the
giving of notice of the sale of any of the bonds. These
bonds shall be payable as to both principal and interest at
such place or places, within or without the State of
Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of such bonds. The
bonds may be callable as fixed and determined by the Director
of the Bureau of the Budget in the order authorizing the
issuance and sale of the bonds; provided, however, that the
State shall not pay a premium of more than 3% of the
principal of any bonds so called.
(Source: P.A. 82-974; revised 10-31-98.)
Section 25. The Hazardous Waste Technology Exchange
Service Act is amended by changing Section 5 as follows:
(20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
Sec. 5. Duties of Center; Industrial Advisory Committee.
(a) The Waste Management and Research Center shall:
(1) Conduct educational programs to further the
exchange of information to reduce the generation of
hazardous wastes or to treat or dispose of such wastes so
as to make them nonhazardous.
(2) Provide a technical information service for
industries involved in the generation, treatment, or
disposal of hazardous wastes.
(3) Disseminate information regarding advances in
hazardous waste management technology which could both
protect the environment and further industrial
productivity.
(4) Provide research in areas related to reduction
of the generation of hazardous wastes; treatment,
recycling and reuse; and other issues which the Board may
suggest.
(5) Provide other services as deemed necessary or
desirable by the Board.
(6) Submit a biennial report to the General
Assembly on Center activities.
(b) The Director of the Department shall be responsible
for the administration of the Center.
(c) The Department shall have the authority to accept,
receive and administer on behalf of the Center any grants,
gifts or other funds made available for purposes of this Act.
(d) The Board shall (1) provide policy guidelines and
goals for the Center; (2) approve the Center's budget; (3)
approve any reports; and (4) otherwise direct the Center in
accordance with its statutory powers and duties contained in
Section 15-10 of the Department of Natural Resources Act 6 of
"An Act in relation to natural resources, research, data
collection and environmental studies", approved July 14,
1978, as amended.
(e) The Director shall appoint an Industrial Advisory
Committee which shall be composed of representatives of
industries which are involved in the generation, treatment or
disposal of hazardous waste, or representatives of
organizations of such industries. To the extent possible,
the Director shall choose members representing large and
small industries from all geographical areas of the State.
Members of the Industrial Advisory Committee shall receive no
compensation but may be reimbursed for reasonable expenses
incurred in carrying out their duties.
The Industrial Advisory Committee shall advise the
Department on programs, services and activities necessary to
assist large and small businesses in economically reducing,
through source reduction, treatment and recycling, the amount
and toxicity of hazardous waste to be disposed of on or in
the land.
(Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.)
Section 26. The Financial Institutions Code is amended
by changing Section 17 as follows:
(20 ILCS 1205/17) (from Ch. 17, par. 118)
Sec. 17. Neither the Director, nor any supervisor, nor
any examiner shall be an officer, director, owner, or
shareholder of, or a partner in, or have any proprietary
interest, direct or indirect, in any financial institution;
provided, however, that ownership of withdrawable capital
accounts or shares in credit unions shall not be deemed to be
prevented hereby. If the Director or any supervisor, or
examiner, shall be a shareholder, or partner in or an owner
of or have any interest, direct or indirect, in any such
financial institution at the time of his appointment, he
shall dispose of his shares of stock or other evidences of
ownership or property within 120 days from the date of his
appointment. It is unlawful for the Director, any supervisor
or examiner to obtain any loan or gratuity from a financial
institution subject to the jurisdiction of the Department as
herein provided. If any other employee of the Department
borrows from or becomes indebted in an aggregate amount of
$2,500 or more to any financial institution subject to the
jurisdiction of the Department, he shall make a written
report to the Director stating the date and amount of such
loan or indebtedness, the security therefor, if any, and the
purpose or purposes for which proceeds have been or are to be
used.
(Source: Laws 1965, p. 2122; revised 10-31-98.)
Section 27. The Illinois Lottery Law is amended by
changing Sections 21 and 24 as follows:
(20 ILCS 1605/21) (from Ch. 120, par. 1171)
Sec. 21. All lottery sales agents or distributors shall
be liable to the Lottery for any and all tickets accepted or
generated by any employee or representative of that agent or
distributor, and such tickets shall be deemed to have been
purchased by the agent or distributor unless returned to the
Lottery within the time and in the manner prescribed by the
Director. All moneys received by such agents or distributors
from the sale of lottery tickets or shares, less the amount
retained as compensation for the sale of the tickets or
shares and the amount paid out as prizes, shall be paid over
to a lottery representative or deposited in a bank or savings
and loan association approved by the State Treasurer, as
prescribed by the Director.
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.
Each payment or deposit shall be accompanied by a report
of the agent's receipts and transactions in the sale of
lottery tickets in such form and containing such information
as the Director may require. Any discrepancies in such
receipts and transactions may be resolved as provided by the
rules and regulations of the Department.
If any money due the Lottery by a sales agent or
distributor is not paid when due or demanded, it shall
immediately become delinquent and be billed on a subsequent
monthly statement. If on the closing date for any monthly
statement a delinquent amount previously billed of more than
$50 remains unpaid, interest in such amount shall be accrued
at the rate of 2% per month or fraction thereof from the date
when such delinquent amount becomes past due until such
delinquent amount, including interest, penalty and other
costs and charges that the Department may incur in collecting
such amounts, is paid. In case any agent or distributor fails
to pay any moneys due the Lottery within 30 days after a
second bill or statement is rendered to the agent or
distributor, such amount shall be deemed seriously delinquent
and may be referred by the Department to a collection agency
or credit bureau for collection. Any contract entered into
by the Department for the collection of seriously delinquent
accounts with a collection agency or credit bureau may be
satisfied by a commercially reasonable percentage of the
delinquent account recouped, which shall be negotiated by the
Department in accordance with commercially accepted
standards. Any costs incurred by the Department or others
authorized to act in its behalf in collecting such
delinquencies may be assessed against the agent or
distributor and included as a part of the delinquent account.
In case of failure of an agent or distributor to pay a
seriously delinquent amount, or any portion thereof,
including interest, penalty and costs, the Department may
issue a Notice of Assessment. In determining amounts shown
on the Notice of Assessment, the Department shall utilize the
financial information available from its records. Such
Notice of Assessment shall be prima facie correct and shall
be prima facie evidence of delinquent sums due under this
Section at any hearing before the Board, or its Hearing
Officers, or at any other legal proceeding. Reproduced
copies of the Department's records relating to a delinquent
account or a Notice of Assessment offered in the name of the
Department, under the Certificate of the Director or any
officer or employee of the Department designated in writing
by the Director shall, without further proof, be admitted
into evidence in any such hearing or any legal proceeding and
shall be prima facie proof of the delinquency, including
principal and any interest, penalties and costs, as shown
thereon. The Attorney General may bring suit on behalf of the
Department to collect all such delinquent amounts, or any
portion thereof, including interest, penalty and costs, due
the Lottery.
Any person who accepts money that is due to the
Department from the sale of lottery tickets under this Act,
but who wilfully fails to remit such payment to the
Department when due or who purports to make such payment but
wilfully fails to do so because his check or other remittance
fails to clear the bank or savings and loan association
associations against which it is drawn, in addition to the
amount due and in addition to any other penalty provided by
law, shall be assessed, and shall pay, a penalty equal to 5%
of the deficiency plus any costs or charges incurred by the
Department in collecting such amount.
The Director may make such arrangements for any
person(s), banks, savings and loan associations or
distributors, to perform such functions, activities or
services in connection with the operation of the lottery as
he deems advisable pursuant to this Act, "the State
Comptroller Act", approved September 7, 1972, as now or
hereafter amended, or the rules and regulations of the
Department, and such functions, activities or services shall
constitute lawful functions, activities and services of such
person(s), banks, savings and loan associations or
distributors.
All income arising out of any activity or purpose of the
Department shall, pursuant to the "An Act in relation to
State Finance Act", approved June 10, 1919, as amended, be
paid into the State Treasury except as otherwise provided by
the rules and regulations of the Department and shall be
covered into a special fund to be known as the State Lottery
Fund. Banks and savings and loan associations may be
compensated for services rendered based upon the activity and
amount of funds on deposit.
(Source: P.A. 88-522; revised 10-31-98.)
(20 ILCS 1605/24) (from Ch. 120, par. 1174)
Sec. 24. The State Comptroller shall conduct a preaudit
of all accounts and transactions of the Department under the
State Comptroller Act, excluding payments issued by the
Department for prizes of $25,000 or less.
The Auditor General Auditor-General or a certified public
accountant firm appointed by him shall conduct an annual
post-audit of all accounts and transactions of the Department
and other special post audits as the Auditor General
Auditor-General, the Legislative Audit Commission, or the
General Assembly deems deem necessary. The annual post-audits
shall include payments made by lottery sales agents of prizes
of less than $600 authorized under Section 20, and payments
made by the Department of prizes up to $25,000 authorized
under Section 20.1. The Auditor General Auditor-General or
his agent conducting an audit under this Act shall have
access and authority to examine any and all records of the
Department or the Board, its distributing agents and its
licensees.
(Source: P.A. 87-1197; 88-676, eff. 12-14-94; revised
10-31-98.)
Section 28. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4, 18.1, and 22 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. To exercise executive and administrative
supervision over all facilities, divisions, programs and
services now existing or hereafter acquired or created under
the jurisdiction of the Department, including, but not
limited to, the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center, at
Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley Park
The Ann M. Kiley Developmental Center, at Waukegan.
Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction
which provide in-patient care to comply with standards, rules
and regulations of the Department of Public Health prescribed
under Section 6.05 of the "Hospital Licensing Act", approved
July 1, 1953, as amended.
(Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
(20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
Sec. 18.1. Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund.
(a) Deposits by State Treasurer. The State Treasurer
shall deposit moneys received by him as ex-officio custodian
of the Community Mental Health and Developmental Disabilities
Services Provider Participation Fee Trust Fund in banks or
savings and loan associations that have been approved by him
as State Depositaries under the Deposit of State Moneys Act
and with respect to such money shall be entitled to the same
rights and privileges as are provided by that Act with
respect to moneys in the treasury of the State of Illinois.
Any funds paid by providers in accordance with subsection
(c) shall be deposited into the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund.
Any funds paid by the federal government under Title XIX
of the Social Security Act to the State of Illinois for
services delivered by mental health or developmental
disabilities services community providers shall be deposited
into the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund
if:
(1) the non-federal share is derived through
payment of fees by providers in accordance with
subsection (c); or
(2) the non-federal share is derived from local
government funds certification without regard to payment
of a fee by a provider.
(b) Definitions. As used in this Section:
"Fee" means a provider participation fee required to be
submitted by each applicable provider to the State according
to the process described in subsection (c). This fee is
imposed pursuant to the authority granted by Sections 1 and 2
of Article IX of the Illinois Constitution of 1970.
"Fee year" means the fiscal year beginning July 1 and
ending June 30 for which the fee amount applies.
"Fund" means the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund in the State Treasury which is hereby created.
Interest earned by the Fund shall be credited to the Fund.
"Local government funds certification" means the process
by which a unit of local government certifies the expenditure
of local government funds for the purchase of a community
mental health or developmental disabilities service for which
federal funds are available to the State on a matching basis
through Title XIX of the Social Security Act.
"Medicaid reimbursed service" means a service provided by
a provider under an agreement with the Department which is
eligible for reimbursement from the federal Medicaid program
and which is subject to the fee process.
"Provider" means a community agency which is funded by
the Department to provide a Medicaid-reimbursed service.
(c) Payment of fees due. Each year the Department shall
calculate a fee which must be paid by the provider.
(1) Calculation of projected payments. The
Department shall determine the amount of the total gross
payment projected to be made by the Department during
that fiscal year to the provider for covered services.
The projected payment shall take into consideration the
unit rates for services, the prior year's units of
service billed by the provider, and any factors which
will influence a change in the number of units of service
to be billed during the fee year.
(A) Differential payment schedule. If a
provider's projected total gross payment for the fee
year exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall establish a fee payment schedule
for that provider which reflects the increasing
payments projected for the fee year. This special
payment schedule shall require lesser fee payments
during the first quarter with gradually increasing
fee payments according to the projected growth in
Medicaid receipts.
(B) Adjustment of inaccurate projections. If
a provider's projected total gross payment for the
fee exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall monitor the actual total gross
payments on a quarterly basis throughout the fee
year. If, at the end of any quarter, actual
payments for the fee year to date differ by more
than 10% from projected payments, the Department
shall issue a revised fee amount to the provider.
If the actual payments exceed those projected, the
provider must submit the appropriate revised fee
amount within 30 days of the date the Department
sends the notification of the revised amount. If
the actual amounts are less than the projected
amounts, the Department must return to the provider
the appropriate share of overpaid fees, if any,
within 30 days of the determination of the
discrepancy.
(2) Multiplier. The Department shall multiply the
projected total gross payment by an amount of not more
than 15% to determine the fee amount.
(3) Notification. The Department shall notify each
provider in writing of the amount of the fee and the
required procedure for submitting the required payment.
(4) Provider submission of fee. Each applicable
provider must submit the specified fee in equal quarterly
amounts due on the first business date of each calendar
quarter.
(5) (A) Any provider that fails to pay the fee when
due, or pays less than the full amount due, shall be
required to pay a penalty of 10% of the delinquency
or deficiency for each month, or any fraction
thereof, computed on the full amount of the
delinquency or deficiency, from the time the fee was
due.
(B) In addition, the Illinois Department may
take action to notify the Office of the Comptroller
to collect any amount of monies owed under this
Section, pursuant to Section 10.05 of the State
Comptroller Act, or may suspend payments to, or
cancel or refuse to issue, extend, or reinstate a
Provider Contract or Agreement to, any provider
which has failed to pay any delinquent fee or
penalty.
(6) Local government funds certification. If local
government funds are used as a source of a portion or the
entire fee amount, the provider may certify the planned
spending of these local funds for the specified services
in lieu of actual cash payment to the Fund. This
certification must be accompanied by a statement from
each local government funder stating the intent of that
funder to contribute the applicable portion of the fee
amount. If this certification process is used, the
provider must also submit to the Department by October 31
of the year following the fee year an annual audit
statement from a certified public accountant firm
demonstrating that the local government funds were spent
for the intended service in the amounts required
according to the fee amount. If these local government
funds were not spent for the Medicaid service as
required, the provider must pay to the State the amount
of the fee which was not spent, plus a fine of 25% of the
amount of the fee not properly covered by the local
government funds certification process. This payment
must be submitted to the State Treasury by October 31 of
the year following the fee year.
(d) Use of the Fund.
(1) Revenue. The Fund may receive deposits from
the federal government in accordance with subsection (a)
and from provider fees in accordance with subsection (c).
(2) Protection from reduction. The moneys in the
Fund shall be exempt from any State budget reduction
Acts. The Fund shall not be used to replace any funds
otherwise appropriated to the Medicaid program by the
General Assembly.
(3) Administration; Contingency reserve. Moneys
paid from the Fund shall be used first for payment of
administrative expenses incurred by the Department in
performing the activities authorized by this Section,
including payments of any amounts which are reimbursable
to the federal government for payments from this Fund
which are required to be paid by State warrant.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller upon receipt of vouchers duly
executed and certified by the Department. The Department
may also establish a contingency reserve of no more than
3% of the total moneys collected in any one year.
(4) (Blank). After paying the necessary
administrative expenses and providing for a contingency,
the Department shall spend the remaining moneys in the
Fund to reimburse providers for providing Medicaid
services.
(A) In the aggregate, providers are entitled
to a return of the entire amount required plus the
federal matching portion less administrative
expenses and less the allowed 3% contingency
reserve, based on fees paid before October 1, 1992.
No provider will receive back less than the amount
required as a fee, for fees paid before October 1,
1992.
(B) The Department shall maintain records that
show the amount of money that has been paid by each
provider into the Fund and the amount of money that
has been paid from the Fund to each provider.
(5) Audit. The Department shall conduct an annual
audit of the Fund to determine that amounts received from
or paid to providers were correct. If a unit of local
government certified non-federal funds, the provider must
submit to the Department within 120 days after the end of
the fiscal year an annual audit statement from a
certified public accountant firm demonstrating that the
local government funds were spent for the intended
service in the amounts required. If an audit identifies
amounts that a provider should have been required to pay
and did not pay, a provider should not have been required
to pay but did pay, a provider should not have received
but did receive, or a provider should have received but
did not receive, the Department shall:
(A) Make the corrected payments to the
provider;
(B) Correct the fee amount and any related
fines; or
(C) Take action to recover required amounts
from the provider.
(e) Applicability contingent on federal funds. The
requirements of subsection (c) shall apply only as long as
federal funds under the Medicaid Program are provided for the
purposes of this Section and only as long as reimbursable
expenditures are matched at the federal Medicaid percentage
of at least 50%. Whenever the Department is informed that
federal funds are not to be provided for these purposes or
are provided at a lower percentage, the Department shall
promptly refund to each provider the amount of money
deposited by each provider, minus payments made from fee
funds to the provider, minus the proportionate share of funds
spent for administration, plus the proportionate share of any
investment earnings. In no event shall the Department
calculate a fee or require the payment of a fee for any
quarter beginning on or after October 1, 1992.
(f) The Department may promulgate rules and regulations
to implement this Section. For the purposes of the Illinois
Administrative Procedure Act, the adoption or amendment of
rules to implement this amendatory Act of 1991 shall be
deemed an emergency and necessary for the public interest,
safety and welfare.
(Source: P.A. 89-626, eff. 8-9-96; 90-372, eff. 7-1-98;
revised 10-31-98.)
(20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
Sec. 22. To accept and hold in behalf of the State, if
for the public interest, a grant, gift or legacy of money or
property to the State of Illinois, to the Department, or to
any facility of the Department made in trust for the
maintenance or support of a recipient at a facility of the
Department, or for any other legitimate purpose connected
with such facility. The Department shall accept any donation
for the board and treatment of any recipient. The Department
also may accept and hold a grant, gift, or legacy of money or
property made or given to a facility of the Department that
is no longer operating or to a facility of the Department
that is operating under a different name, provided that if
the grant, gift or legacy was made for a particular purpose,
the Department shall, to the extent practicable, use the
grant, gift or legacy in a manner that carries out that
purpose with regard to another facility operated by the
Department for the same purpose, or in the latter case, with
regard to that same facility of the Department that is
operating under a different name. The Department shall cause
each gift, grant or legacy to be kept as a distinct fund, and
shall invest the same in the manner provided by the laws of
this State as the same now exist, or shall hereafter be
enacted, relating to securities in which the deposit in a
savings bank may be invested. But the Department may, in its
discretion, deposit in a proper trust company or savings
bank, during the continuance of the trust, any fund so left
in trust for the life of a person, and shall adopt rules and
regulations governing the deposit, transfer, or withdrawal of
such fund. The Department shall on the expiration of any
trust as provided in any instrument creating the same,
dispose of the fund thereby created in the manner provided in
such instrument. The Department shall include in its annual
report a statement showing what funds are so held by it and
the condition thereof. Monies found on the recipients at the
time of their admission, or accruing to them during their
period of facility care, and monies deposited with the
facility director by relatives, guardians or friends of
recipients for the special comfort and pleasure of such
recipients, shall remain in the custody of such facility
director who shall act as trustee for disbursement to, in
behalf of, or for the benefit of such recipients. All types
of retirement and pension benefits from private and public
sources may be paid directly to the director of the facility
where the recipient is a resident, for deposit to the
recipient's trust fund account. Banks, trust companies,
savings and loan companies and insurance carriers having in
their possession funds of $1,000 or less belonging to a
recipient in a an facility of the Department shall release
such funds to the director of the facility where the
recipient is a resident, for deposit to the recipient's trust
fund account. The facility director shall provide a receipt
to any bank, trust company, savings and loan company or
insurance carrier for the amount received and such receipt
shall constitute a valid and sufficient discharge and release
of the obligation of such bank, trust company, savings and
loan company or insurance carrier to the recipient for whom
such payment was so made, to the extent of the payment made.
Each facility director shall keep in a book an itemized
account of all receipts and expenditures of funds described
in the above proviso, which book shall be open at all times
to the inspection of the Department.
(Source: P.A. 86-922; revised 10-31-98.)
Section 29. The Illinois National Guardsman's
Compensation Act is amended by changing Section 3 as follows:
(20 ILCS 1825/3) (from Ch. 129, par. 403)
Sec. 3. If a claim therefor is made within one year of
the date of the death of the guardsman, compensation shall be
paid to the person designated by such guardsman killed while
on duty. The amount of compensation shall be equal to the
greater of (i) $100,000 or (ii) the amount of compensation
payable under Section 3 of the Law Enforcement Officers,
Civil Defense Workers, Civil Air Patrol Members, Paramedics,
Firemen, Chaplains, and State Employees Compensation Act when
an individual to whom that Act applies is killed in the line
of duty. If no beneficiary is designated or surviving at the
death of the guardsman killed while on duty, the compensation
shall be paid as follows:
(a) When there is a surviving spouse, the entire
sum shall be paid to the spouse.;
(b) When there is no surviving spouse, but a
surviving descendant of the decedent, the entire sum
shall be paid to the decedent's descendants per stirpes.;
(c) When there is neither a surviving spouse nor a
surviving descendant, the entire sum shall be paid to the
parents of the decedent in equal parts, allowing to the
surviving parent, if one is dead, the entire sum.
(d) When there is no surviving spouse, descendant
or parent of the decedent, but there are surviving
brothers or sisters, or descendants of a brother or
sister, who were receiving their principal support from
the decedent at his death, the entire sum shall be paid,
in equal parts, to the dependent brothers or sisters or
dependent descendant of a brother or sister. Dependency
shall be determined by the Court of Claims based upon the
investigation and report of the Attorney General.
When there is no beneficiary designated or surviving at
the death of the guardsman killed while on duty and no
surviving spouse, descendant, parent, nor dependent brother
or sister, or dependent descendant of a brother or sister, no
compensation shall be payable under this Act.
No part of such compensation may be paid to any other
person for any efforts in securing such compensation.
(Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.)
Section 30. The Surface Coal Mining Fee Act is amended
by changing Section 1 as follows:
(20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501)
Sec. 1. Legislative findings and intent.
(a) The General Assembly finds that:
(1) the purposes of the "Surface Mining Control and
Reclamation Act of 1977" (30 USC 1201 et seq.) include
the establishment of a program to protect society and the
environment from the adverse effects of surface coal
mining operations and from the adverse surface effects of
underground coal mining operations;
(2) the purposes of the above Act also include the
promoting of the reclamation of mined areas left without
adequate reclamation prior to the enactment of this Act
and which continue, in their unreclaimed conditions, to
substantially degrade the quality of the environment;
(3) the purposes of the above Act also include the
assurance that the coal supply essential to the Nation's
energy requirements, and to its economic and social
well-being is provided, and to encourage the full
utilization of coal resources.
(b) The General Assembly also finds that:
(1) during the mining and preparation of coal, a
portion of the coal is lost in the tailings produced;
(2) this lost coal, in gob or slurry form, can be
recovered in an economic and useable fashion;
(3) the recovery of this coal, which may constitute
twenty percent or more of a gob pile, and which may
constitute fifty percent or more of a slurry pond, in
effect conserves energy by increasing the efficiency of
utilization of a valuable fuel resource;
(4) the recovery of this coal, when conducted in
accordance with the permits required by the Illinois
Department of Natural Resources and the Illinois
Environmental Protection Agency, contributes to the
reclamation of the land, in that the total volume of
wastes to be handled is reduced.
(c) It is the purpose of this Act:
(1) to include the recovery of coal from gob and
slurry as a part of the land reclamation process and as a
form of energy conservation; and
(2) to provide that a portion of the funds
collected by the Office of Surface Mining Reclamation and
Enforcement and returned to the State of Illinois be used
for coal recovery.
(Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.)
Section 31. The Abandoned Mined Lands and Water
Reclamation Act is amended by changing Sections 2.04 and 3.02
as follows:
(20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
Sec. 2.04. Reclamation.
(a) The Department or such agency or department of State
government as the Department may designate pursuant to
subsection (d) of Section 3.05 may enter and reclaim
abandoned lands under this Section if the Department finds
that:
(1) land or water resources have been adversely
affected by past coal mining practices; and
(2) the adverse effects are at a stage where, in
the public interest, action to restore, reclaim, abate,
control, or prevent should be taken; and
(3) the owners of the land or water resources where
entry must be made to restore, reclaim, abate, control,
or prevent the adverse effects of past coal mining
practices are not known, or readily available; or (4) the
owners will not give permission for the United States,
the States, political subdivisions, their agents,
employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices.
(b) After (1) the findings required by subsection (a) of
this Section have been made, and (2) giving notice by mail
return receipt requested to the owners if known or if not
known by posting notice upon the premises and advertising
once in a newspaper of general circulation in the
municipality in which the land lies, the Department or such
agency or department of State government as the Department
may designate pursuant to subsection (d) of Section 3.05
shall have the right to enter on the property adversely
affected by past mining practices and any other property to
have access to such property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the
adverse effects.
(c) The moneys expended for such work and the benefits
accruing to any such premises so entered upon shall be
chargeable against such land and shall mitigate or offset any
claim in or any action brought by any owner of any interest
in such premises for any alleged damage by virtue of such
entry. This provision is not intended to create new rights
of action or eliminate existing immunities.
(d) Entry under this Section shall be construed as an
exercise of the police power for the protection of public
health, safety, and general welfare and shall not be
construed as an act of condemnation of property nor trespass
thereon.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02)
Sec. 3.02. State reclamation program.
(a) The Department may prepare and submit under the
Federal Act (1) a State reclamation plan and appropriate
amendments, (2) annual project lists and program plans, (3)
grant proposals for federal funding, (4) inventories of
previous projects, (5) annual and other reports as may be
appropriate, and (6) such other applications, certifications
or documents as may be required under the Federal Act in
connection with reclamation or acquisition of abandoned
lands.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 32. The Civil Administrative Code of Illinois is
amended by changing Sections 60b, 60g, and 60m and
renumbering Section 62.1 (110 ILCS 355/62.1) as follows:
(20 ILCS 2105/60b) (from Ch. 127, par. 60b)
Sec. 60b. In the construction of Sections 60, 60a, 60b,
60c, 60d, 60e, 60f, 60g, and 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" 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
such profession, trade or occupation is devolved on the
Department.
(Source: P.A. 85-225; revised 10-31-98.)
(20 ILCS 2105/60g) (from Ch. 127, par. 60g)
Sec. 60g. The board shall present to the Director its
written report of its findings and recommendations. A copy
of such report shall be served upon the registrant, either
personally or by registered mail as provided in Section 60c
60-c for the service of the citation. Within 20 twenty days
after such service, the registrant may present to the
department his motion in writing for a rehearing, which
written motion shall specify the particular grounds therefor.
If the registrant shall order and pay for a transcript of the
record as provided in Section 60f 60-f, the time elapsing
thereafter and before such transcript is ready for delivery
to him shall not be counted as part of such 20 twenty days.
(Source: P.A. 83-230; revised 10-31-98.)
(20 ILCS 2105/60m) (from Ch. 127, par. 60m)
Sec. 60m. Notwithstanding any of the provisions of
Section 60, 60.1, 60a, 60-a, 60b, 60c, 60d, 60-d, 60e, 60f,
60g, 60-g or 60h of this Act, the Department shall suspend,
revoke, place on probationary status, or take such other
disciplinary action as it deems proper 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; revised 10-31-98.)
(20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
Sec. 61f. 62.1. Design Professionals Dedicated Employees.
There 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.)
Section 33. The Illinois Health Finance Reform Act is
amended by changing Sections 4-3 and 5-1 as follows:
(20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3)
Sec. 4-3. Confidentiality.
(a) As indicated elsewhere in this Act, all steps
necessary under State and Federal law to protect patient
confidentiality shall be undertaken by the Council to prevent
the identification of individual patient records.
Regulations are to be written to assure the confidentiality
of patient records when gathering and submitting data to the
Council or designated corporation, association or entity.
(b) The information submitted to the Council, designated
corporation, association or entity by hospitals pursuant to
subsections (c) and (e) of Section 4-2 shall be privileged
and confidential, and shall not be disclosed in any manner.
The foregoing includes, but shall not be limited to,
disclosure, inspection or copying under the Freedom of
Information Act, the State Records Act, and paragraph (1) of
Section 404 of the Illinois Insurance Code. However, the
prohibitions stated in this subsection shall not apply to the
compilations of information assembled by the Council pursuant
to subsections (k) and (m) of Section 4-2.
(c) Any person or organization, including but not
limited to, hospitals, government agencies, associations,
businesses, or researchers receiving data under an agreement
with the Council under the terms indicated in Section 6504-2
shall be required to adhere strictly to the terms of the
agreement, especially the terms that are related to
preserving patient confidentiality. The use of Council data
either alone or in combination with data from another source
or sources to identify specific patients is prohibited unless
such identification is specifically authorized by Illinois
Statute and agreed to in writing by the Council. An
intentional breach of patient confidentiality not authorized
by statute and the Council shall render the responsible
individual or organization liable to the penalties under
Section 5-2 6505-2.
(Source: P.A. 88-535; revised 10-31-98.)
(20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1)
Sec. 5-1. Mandatory Utilization Review.
(a) Except as prohibited by Federal law or regulations,
any third party payor shall have the option to require
utilization review for hospital admissions and continued
hospital stays, except for the Illinois Department of Public
Aid for payment of hospital services for recipients of
assistance under Articles V, VI, and VII of the Illinois
Public Aid Code. The payor shall have the option to contract
with a medical peer review organization, provided that the
organization is at minimum, composed of 10% of area
physicians, or the hospital to perform utilization review or
to conduct its own utilization review. A medical peer review
organization, as defined, may also contract with hospitals to
perform reviews on a delegated basis. The utilization review
process shall provide for the timely notification of patients
by the third party payor or review organization that further
services are deemed inappropriate or medically unnecessary.
Such notification shall inform the patient that his third
party payor will cease coverage after a stated period from
the date of the notification. No third party payor shall be
liable for charges for health care services rendered by a
hospital subsequent to the end of the notification period.
Nothing in this Section shall be construed as authorizing
any person or third party payor, other than through the use
of physicians licensed to practice medicine in all of its
branches or other licensed health care professionals under
the supervision of said physicians, to conduct utilization
review.
(b) All costs associated with utilization review under
this section shall be billed to and paid by the third party
payor ordering the review.
(c) Any third party payor for hospital services may
contract with a hospital for a program of utilization review
different than that required by this subsection, which
contract may provide for the withholding and denial of
payment for hospital services to a beneficiary, when such
treatment is found in the course of utilization review to
have been inappropriate and unwarranted in the case of that
beneficiary.
(d) All records and reports arising as a result of this
subsection shall be strictly privileged and confidential, as
provided under Part 21 of Article VIII 8 of the Code of Civil
Procedure.
(Source: P.A. 83-1243; revised 10-31-98.)
Section 34. The Civil Administrative Code of Illinois is
amended by changing Sections 55.57 and 55.76 and by setting
forth and renumbering multiple versions of Section 55.84 as
follows:
(20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
Sec. 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 (a) to (a)
migrant health centers and community health centers
established pursuant to Sections 329 or 330 of the federal
Public Health Service Act or which meet the standards
contained in either of those Sections; and (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; revised 10-31-98.)
(20 ILCS 2310/55.76)
Sec. 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 within with the
State of Illinois.
(Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95;
revised 10-31-98.)
(20 ILCS 2310/55.84)
Sec. 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 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 2310/55.89)
Sec. 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.)
Section 35. The Blind Persons Operating Vending
Facilities Act is amended by changing Section 8 as follows:
(20 ILCS 2420/8) (from Ch. 23, par. 3338)
Sec. 8. The Department shall assign any available
vending facility to an operator in the following manner:
(A) An objective set of criteria promulgated by rules
and regulations adopted pursuant to the Illinois
Administrative Procedure Act.
(B) The Department shall notify all licensed operators
in writing of the availability of any vending facilities
within the program as far in advance as is practicable. Such
notice shall include a description of the type of facility,
its characteristics, and its geographic location, the type of
building in which the facility is located, date of
availability, anticipated income or income experience,
contractual considerations such as hours, price limitations
or subsidies, if any, business telephone number of the
current operator, when applicable, and availability of public
transportation. The notice shall contain a deadline for
responses which is no less than 14 days after its issuance.
(C) The Department shall consider as qualified only bids
received from operators who have received certification
fitting the description of the facility contained in the
notice. In this manner, a list of qualified bidders shall be
formed, and the facility shall be offered to the most
qualified bidder.
(Source: P.A. 83-1534; revised 10-31-98.)
Section 36. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-590)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (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, (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,
(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, (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, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers 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 such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties 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.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
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 such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in 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
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. 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 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.
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 Horse Racing Act of
1975.
15. To expend 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. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
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. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(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:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(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,
(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 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.
17. To conduct arson investigations.
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.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional 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.
22. 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 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 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 such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions 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 such services can be
provided by the Department at a cost less than that
experienced by 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 67.18 of this Code.
All fees received by the Department of State Police under
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.
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.
23. To exercise the powers and perform the duties 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.
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 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 assist the Department in this effort,
funds may be appropriated from the LEADS Maintenance Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(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 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 such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. 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.
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 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 such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
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.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (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, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization 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 such persons. 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. Information received by the organization from the
Department concerning an individual shall be provided to 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
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 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 such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. 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
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. 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 such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Standards Board shall
develop and certify a course of such training to be made
available to local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, 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.
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 adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section 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.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
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.
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.
(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.
(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; 90-655, eff.
7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
(Text of Section after amendment by P.A. 90-590)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (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, (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,
(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, (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, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers 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 such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties 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.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
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 such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in 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
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. 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 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.
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 Horse Racing Act of
1975.
15. To expend 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. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
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. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(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:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(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,
(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 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.
17. To conduct arson investigations.
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.
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 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 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.
20. To develop rules which guarantee the confidentiality
of such individually identifiable juvenile records 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: (i) a judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (iii) probation
officers and court appointed advocates for the juvenile
authorized by the judge hearing the case; (iv) any individual
or, public or of private agency having custody of the child
pursuant to court order; (v) any individual or, public or
private agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose of
determining the appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii) adult
and juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court; (xi) the
Illinois General Assembly or any committee or commission
thereof.
21. To develop administrative rules and administrative
hearing procedures 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.
22. 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 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 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 such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions 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 such services can be
provided by the Department at a cost less than that
experienced by 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 67.18 of this Code.
All fees received by the Department of State Police under
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.
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.
23. To exercise the powers and perform the duties 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.
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 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 assist the Department in this effort,
funds may be appropriated from the LEADS Maintenance Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(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 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 such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. 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.
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 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 such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
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.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (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, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization 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 such persons. 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. Information received by the organization from the
Department concerning an individual shall be provided to 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
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 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 such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. 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
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. 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 such information shall be subject
to all confidentiality requirements otherwise imposed by law.
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.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, 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.
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
record system as defined in subdivision (A)19 of this Section
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.
35. The Illinois Department of Public Aid is an
authorized entity under this 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 Section D of the Social Security Act. The
Department shall enter into an agreement with the Illinois
Department of Public Aid consistent with these purposes.
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.
(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.
(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
1-21-99.)
Section 37. The State Police Act is amended by changing
Section 17 as follows:
(20 ILCS 2610/17) (from Ch. 121, par. 307.17)
Sec. 17. The Division shall purchase and furnish to the
policemen appropriate uniforms including a metal star or
badge bearing the words "Illinois State Police",
identification, and such vehicles and other equipment as may
be necessary.
(Source: Laws 1967, p. 69; revised 1-30-99.)
Section 38. The Criminal Identification Act is amended
by changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
(Text of Section before amendment by P.A. 90-590)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors who have been
arrested or taken into custody before their 17th birthday for
an offense that if committed by an adult would constitute the
offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961, a forcible felony as defined in
Section 2-8 of the Criminal Code of 1961, or a Class 2 or
greater felony under the Cannabis Control Act, the Illinois
Controlled Substances Act, or Chapter 4 of the Illinois
Vehicle Code. Moving or nonmoving traffic violations under
the Illinois Vehicle Code shall not be reported except for
violations of Chapter 4, Section 11-204.1, or Section 11-501
of that Code. In addition, conservation offenses, as defined
in the Supreme Court Rule 501(c), that are classified as
Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision for
a violation of Section 11-501 of the Illinois Vehicle Code or
a similar provision of a local ordinance, shall not be
expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the clerk of the circuit
court clerk shall be sealed until further order of the court
upon good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's States Attorney, and the court upon a
later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
(Text of Section after amendment by P.A. 90-590)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by an adult, and may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported except
for violations of Chapter 4, Section 11-204.1, or Section
11-501 of that Code. In addition, conservation offenses, as
defined in the Supreme Court Rule 501(c), that are classified
as Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision
for a violation of Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance, shall not
be expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
has name. The records of the clerk of the circuit court
clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's States Attorney, and the court upon a
later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
90-590, eff. 1-1-00; revised 10-31-98.)
Section 39. The Illinois Uniform Conviction Information
Act is amended by changing Section 9 as follows:
(20 ILCS 2635/9) (from Ch. 38, par. 1609)
Sec. 9. Procedural Requirements for Disseminating
Conviction Information.
(A) In accordance with the time parameters of Section 6
and the requirements of subsection subsections (B) and (C) of
this Section 9, the Department shall either: (1) transmit
conviction information to the requester, including an
explanation of any code or abbreviation; (2) explain to the
requester why the information requested cannot be
transmitted; or (3) inform the requester of any deficiency in
the request.
(B) Prior to a non-automated dissemination or within 30
days subsequent to an automated dissemination made pursuant
to this Act, the Department shall first conduct a formal
update inquiry and review to make certain that the
information disseminated is complete, except (1) in cases of
exigency, (2) upon request of another criminal justice
agency, (3) for conviction information that is less than 30
days old, or (4) for information intentionally fabricated
upon the express written authorization of the Director of
State Police to support undercover law enforcement efforts.
It shall be the responsibility of the Department to
retain a record of every extra-agency dissemination of
conviction information for a period of not less than 3 years.
Such records shall be subject to audit by the Department, and
shall, upon request, be supplied to the individual to whom
the information pertains for requests from members of the
general public, corporations, organizations, employers,
employment agencies, labor organizations and non-criminal
justice agencies. At a minimum, the following information
shall be recorded and retained by the Department:
(1) The name of the individual to whom the
disseminated information pertains;
(2) The name of the individual requesting the
information;
(3) The date of the request;
(4) The name and address of the private individual,
corporation, organization, employer, employment agency,
labor organization or non-criminal justice agency
receiving the information; and
(5) The date of the dissemination.
(Source: P.A. 88-368; revised 10-31-98.)
Section 40. The Civil Administrative Code of Illinois is
amended by changing Section 49.16 as follows:
(20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
Sec. 49.16. Master plan; reporting requirements.
(a) To develop and maintain a continuing, comprehensive
and integrated planning process 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 which are
critical to the economic and general welfare of this 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 which are
dependent upon funding or other constraints; and (3) needed
projects 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; revised 10-31-98.)
Section 41. The Illinois Development Finance Authority
Act is amended by changing Sections 7.28 and 7.53 as follows:
(20 ILCS 3505/7.28) (from Ch. 48, par. 850.07s)
Sec. 7.28. Documentary materials concerning trade
secrets; Commercial or financial information; Confidentiality
Confidentially. Any documentary materials or data made or
received by any member, agent or employee of the Authority,
to the extent that such material or data consist of trade
secrets, commercial or financial information regarding the
operation of any enterprise conducted by an applicant for, or
recipient of, any form of assistance which the Authority is
empowered to render, or regarding the competitive position of
such enterprise in a particular field of endeavor, shall not
be deemed public records; provided, however, that if the
Authority purchases a qualified security from such
enterprise, the commercial and financial information,
excluding trade secrets, shall be deemed to become a public
record of the Authority after the expiration of 3 years from
the date of purchase of such qualified security, or, in the
case of such information made or received by any member,
agent or employee of the Authority after the purchase of such
qualified security, 3 years from the date such information
was made or received. Any discussion or consideration of such
trade secrets or commercial or financial information may be
held by the Authority in executive sessions closed to the
public, notwithstanding the provisions of the Open Meetings
Act; provided, however, that the purpose of any such
executive session shall be set forth in the official minutes
of the Authority and business which is not related to such
purpose shall not be transacted, nor shall any vote be taken
during such executive sessions.
(Source: P.A. 88-665, eff. 9-16-94; revised 10-31-98.)
(20 ILCS 3505/7.53) (from Ch. 48, par. 850.07z9)
Sec. 7.53. Powers and duties; Illinois Local Government
Financing Assistance Program. The Authority has the power:
(a) To purchase from time to time pursuant to negotiated
sale or to otherwise acquire from time to time any local
government securities issued by one or more units of local
government upon such terms and conditions as the Authority
may prescribe;
(b) To issue bonds in one or more series pursuant to one
or more resolutions of the Authority for any purpose
authorized under Sections 7.50 through 7.61 of this Act,
including without limitation purchasing or acquiring local
government securities, providing for the payment of any
interest deemed necessary on such bonds, paying for the cost
of issuance of such bonds, providing for the payment of the
cost of any guarantees, letters of credit, insurance
contracts or other similar credit support or liquidity
instruments, or providing for the funding of any reserves
deemed necessary in connection with such bonds and refunding
or advance refunding of any such bonds and the interest and
any premium thereon, pursuant to paragraph (c) of Section 7
of this Act;
(c) To provide for the funding of any reserves or other
funds or accounts deemed necessary by the Authority in
connection with any bonds issued by the Authority or local
government securities purchased or otherwise acquired by the
Authority;
(d) To pledge any local government security, including
any payments thereon, and any other funds of the Authority or
funds made available to the Authority which may be applied to
such purpose, as security for any bonds or any guarantees,
letters of credit, insurance contracts or similar credit
support or liquidity instruments securing the bonds;
(e) To enter into agreements or contracts with third
parties, whether public or private, including without
limitation the United States of America, the State, or any
department or agency thereof to obtain any appropriations,
grants, loans or guarantees which are deemed necessary or
desirable by the Authority. Any such guarantee, agreement or
contract may contain terms and provisions necessary or
desirable in connection with the program, subject to the
requirements established by Sections 7.50 through 7.61 of
this Act;
(f) To charge reasonable fees to defray the cost of
obtaining letters of credit, insurance contracts or other
similar documents, and to charge such other reasonable fees
to defray the cost of trustees, depositories, paying agents,
bond registrars, escrow agents and other administrative
expenses. Any such fees shall be payable by units of local
government whose local government securities are purchased or
otherwise acquired by the Authority pursuant to Sections 7.50
through 7.61 of this Act, in such amounts and at such times
as the Authority shall determine, and the amount of the fees
need not be uniform among the various units of local
government whose local government securities are purchased or
otherwise acquired by the Authority pursuant to Sections 7.50
through 7.61 of this Act;
(g) To obtain and maintain guarantees, letters of
credit, insurance contracts or similar credit support or
liquidity instruments which are deemed necessary or desirable
in connection with any bonds or other obligations of the
Authority or any local government securities;
(h) To establish application fees and other service fees
and prescribe application, notification, contract, agreement,
security and insurance forms and rules and regulations it
deems necessary or appropriate;
(i) To provide technical assistance, at the request of
any unit of local government, with respect to the financing
or refinancing for any public purpose. In fulfillment of
this purpose, the Authority may request assistance from the
Department as necessary; any unit of local government that is
experiencing either a financial emergency as defined in the
Local Government Financial Planning and Supervision Act or a
condition of fiscal crisis evidenced by an impaired ability
to obtain financing for its public purpose projects from
traditional financial channels or impaired ability to fully
fund its obligations to fire, police and municipal employee
pension funds, or to bond payments or reserves, may request
technical assistance from the Authority in the form of a
diagnostic evaluation of its financial condition;
(j) To purchase any obligations of the Authority issued
pursuant to Sections 7.50 through 7.61 of this Act;
(k) To sell, transfer or otherwise dispose of local
government securities purchased or otherwise acquired by the
Authority pursuant to Sections 7.50 through 7.61 of this Act,
including without limitation, the sale, transfer or other
disposition of undivided fractionalized interests in the
right to receive payments of principal and premium, if any,
or the right to receive payments of interest or the right to
receive payments of principal of and premium, if any, and
interest on pools of such local government securities;
(l) To acquire, purchase, lease, sell, transfer and
otherwise dispose of real and personal property, or any
interest therein, and to issue its bonds and enter into
leases, contracts and other agreements with units of local
government in connection with such acquisitions, purchases,
leases, sales and other dispositions of such real and
personal property;
(m) To make loans to banks, savings and loans and other
financial institutions for the purpose of purchasing or
otherwise acquiring local government securities, and to issue
its bonds, and enter into agreements and contracts in
connection with such loans;
(n) To enter into agreements or contracts with any
person necessary or appropriate to place the payment
obligations of the Authority under any of its bonds in whole
or in part on any interest rate basis, cash flow basis, or
other basis desired by the Authority, including without
limitation agreements or contracts commonly known as
"interest rate swap agreements", "forward payment conversion
agreements", and "futures", or agreements or contracts
providing for payments based on levels of or changes in
interest rates, or agreements or contracts to exchange cash
flows or a series of payments, or agreements or contracts,
including without limitation agreements or contracts commonly
known as "options", "puts" or "calls", to hedge payment, rate
spread, or similar exposure; provided, that any such
agreement or contract shall not constitute an obligation for
borrowed money, and shall not be taken into account under
Section 7.56a of this Act or any other debt limit of the
Authority or the State of Illinois;
(o) To make and enter into all other agreements and
contracts and execute all instruments necessary or incidental
to performance of its duties and the execution of its powers
under Sections 7.50 through 7.61 of this Act; and
(p) To contract for and finance the costs of energy
audits, project-specific engineering and design
specifications, and any other related analyses preliminary to
an energy conservation project; and, to contract for and
finance the cost of project monitoring and data collection to
verify post-installation energy consumption and
energy-related operating costs. Any such contract shall be
executed only after it has been jointly negotiated by the
Authority and the Department of Commerce and Community
Affairs; and.
(q) To exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 88-519; 89-445, eff. 2-7-96; revised 10-31-98.)
Section 42. The Illinois Human Resource Investment
Council Act is amended by changing the title of the Act as
follows:
(20 ILCS 3975/Act title)
An Act to create the Illinois Human Resource Investment
Job Training Coordinating Council.
Section 43. The Law Enforcement and Fire Fighting Medal
of Honor Act is amended by changing Section 2001 as follows:
(20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
Sec. 2001. There is created the Law Enforcement Medal of
Honor Committee, referred to in this Article as the
Committee. The Committee shall consist of the Director of
the Department of State Police, the Superintendent of the
Chicago Police Department, the Executive Director of the
Illinois Local Governmental Law Enforcement Officer's
Training Standards Board, and the following persons appointed
by the Governor: a sheriff, a chief of police from other
than Chicago, a representative of a statewide law enforcement
officer organization and a retired Illinois law enforcement
officer. Of the appointed members, the sheriff and police
chief shall each serve a 2-year term and the organization
representative and retired officer shall each serve a
one-year term. The Governor shall appoint initial members
within 3 months of the effective date of this Act.
Members of the Committee shall serve without compensation
but shall be reimbursed for actual expenses incurred in the
performance of their duties from funds appropriated to the
Office of the Governor for such purpose.
(Source: P.A. 86-1230; revised 7-10-98.)
Section 44. The Prairie State 2000 Authority Act is
amended by changing Section 14 as follows:
(20 ILCS 4020/14) (from Ch. 48, par. 1514)
Sec. 14. Qualification for Benefits. An individual is
entitled to receive benefits under this Act if it is
determined that:
(a) the individual is (i) within a benefit year as
defined in the Unemployment Insurance Act or has been
employed as defined under Section 206 of the Unemployment
Insurance Act a minimum of 3 of the 10 years previous to
the date of an application for benefits; or (ii) is
employed but is in need of additional skills for
continued employment and would be determined to meet the
requirements of the Unemployment Insurance Act to
establish a benefit year if such individual became
unemployed through a lack of suitable work opportunities;
or (iii) is certified to be a dislocated worker under the
federal Job Training Partnership Act or any successor
federal Act; and
(b) the individual has enrolled in a job-linked
program at a qualified institution, which program has
been certified by the Board as eligible for reimbursement
through issuance of vouchers from the Prairie State 2000
Fund; and established vocational goals directed toward
the acquisition of marketable skills relevant to current
local labor market needs by means of individual or
multi-course programs which may contain either remedial
or academic components; and.
(c) the individual has not been issued vouchers in
the maximum amount authorized under Section 15 within the
24 months previous to the pending determination that he
or she is eligible for receipt of benefits under this
Section and the individual is not receiving funds for a
job training program under the federal Job Training
Partnership Act.
(Source: P.A. 85-401; revised 10-31-98.)
Section 45. The Compensation Review Act is amended by
changing Section 2 as follows:
(25 ILCS 120/2) (from Ch. 63, par. 902)
Sec. 2. There is created the Compensation Review Board,
hereinafter thereinafter referred to as the Board.
The Board shall consist of l2 members, appointed 3 each
by the Speaker of the House of Representatives, the Minority
Leader thereof, the President of the Senate, and the Minority
Leader thereof. Members shall be adults and be residents of
Illinois. Members may not be members or employees or former
members or employees of the judicial, executive or
legislative branches of State government; nor may members be
persons registered under the Lobbyist Registration Act. Any
member may be reappointed for a consecutive term but no
member may serve for more than 10 years total on the Board.
The respective appointing legislative leader may remove any
such appointed member prior to the expiration of his term on
the Board for official misconduct, incompetence or neglect of
duty.
Members shall serve without compensation but shall
receive an allowance for living expenses incurred in the
performance of their official duties in an amount per day
equal to the amount permitted to be deducted for such
expenses by members of the General Assembly under the federal
Internal Revenue Code, as now or hereafter amended. The rate
for reimbursement of mileage expenses shall be equal to the
amount established from time to time for members of the
General Assembly. The Board may, without regard to the
Personnel Code, employ and fix the compensation or
remuneration of employees as it considers necessary or
desirable. The General Assembly shall appropriate the funds
necessary to operate the Board.
(Source: P.A. 86-1481; revised 10-31-98.)
Section 46. The Legislative Commission Reorganization
Act of 1984 is amended by changing Section 1-4 as follows:
(25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
Sec. 1-4. In addition to its general policy making and
coordinating responsibilities for the legislative support
services agencies, the Joint Committee on Legislative Support
Services shall have the following powers and duties with
respect to such agencies:
(1) To approve the executive director pursuant to
Section 1-5(e);
(2) To establish uniform hiring practices and personnel
procedures, including affirmative action, to assure equality
of employment opportunity;
(3) To establish uniform contract procedures, including
affirmative action, to assure equality in the awarding of
contracts, and to maintain a list of all contracts entered
into;
(4) To establish uniform travel regulations and approve
all travel outside the State of Illinois;
(5) To coordinate all leases and rental of real
property;
(6) Except as otherwise expressly provided by law, to
coordinate and serve as the agency authorized to assign
studies to be performed by any legislative support services
agency. Any study requested by resolution or joint resolution
of either house of the General Assembly shall be subject to
the powers of the Joint Committee to allocate resources
available to the General Assembly hereunder; provided,
however, that nothing herein shall be construed to preclude
the participation by public members in such studies or
prohibit their reimbursement for reasonable and necessary
expenses in connection therewith;
(7) To make recommendations to the General Assembly
regarding the continuance of the various committees, boards
and commissions that are the subject of the statutory
provisions repealed March 31, 1985, under Article 11 of this
Act;
(8) To assist the Auditor General as necessary to assure
the orderly and efficient termination of the various
committees, boards and commissions that are subject to
Article 12 of this Act;
(9) To consider and make recommendations to the General
Assembly regarding further reorganization of the legislative
support services agencies, and other legislative committees,
boards and commissions, as it may from time to time determine
to be necessary;
(10) To consider and recommend a comprehensive
transition plan for the legislative support services
agencies, including but not limited to issues such as the
consolidation of the organizational structure, centralization
or decentralization of staff, appropriate level of member
participation, guidelines for policy development, further
reductions which may be necessary, and measures which can be
taken to improve efficiency, and ensure accountability. To
assist in such recommendations the Joint Committee may
appoint an Advisory Group. Recommendations of the Joint
Committee shall be reported to the members of the General
Assembly no later than November 13, 1984. 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 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; and
(11) To contract for the establishment of child care
services pursuant to the State Agency Employees Child Care
Services Act; and
(12) To use funds appropriated from the General Assembly
Computer Equipment Revolving Fund for the purchase of
computer equipment for the General Assembly and for related
expenses and for other operational purposes of the General
Assembly in accordance with Section 6 of the Legislative
Information System Act.
(Source: P.A. 88-85; revised 10-31-98.)
Section 47. The State Finance Act is amended by setting
forth and renumbering multiple versions of Section 5.480 and
by changing Sections 12-2 and 15a as follows:
(30 ILCS 105/5.480)
Sec. 5.480. The Juvenile Accountability Incentive Block
Grant Fund.
(Source: P.A. 90-587, eff. 7-1-98.)
(30 ILCS 105/5.482)
Sec. 5.482. 5.480. The Petroleum Resources Revolving
Fund.
(Source: P.A. 90-614, eff. 7-10-98; revised 9-23-98.)
(30 ILCS 105/5.483)
Sec. 5.483. 5.480. The Economic Development Matching
Grants Program Fund.
(Source: P.A. 90-660, eff. 7-30-98; revised 9-23-98.)
(30 ILCS 105/5.484)
Sec. 5.484. 5.480. The Mammogram Fund.
(Source: P.A. 90-675, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.485)
Sec. 5.485. 5.480. The Police Memorial Committee Fund.
(Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.486)
Sec. 5.486. 5.480. The Right to Read Fund.
(Source: P.A. 90-757, eff. 8-14-98; revised 9-23-98.)
(30 ILCS 105/5.487)
Sec. 5.487. 5.480. The Foreign Language Interpreter
Fund.
(Source: P.A. 90-771, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.488)
Sec. 5.488. 5.480. The Port Development Revolving Loan
Fund.
(Source: P.A. 90-785, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
Sec. 12-2. (a) The chairmen of the travel control boards
established by Section 12-1, or their designees, shall
together comprise the Travel Regulation Council. The Travel
Regulation Council shall be chaired by the Director of
Central Management Services, who shall be a nonvoting member
of the Council, unless he is otherwise qualified to vote by
virtue of being the designee of a voting member. No later
than March 1, 1986, and at least biennially thereafter, the
Council shall adopt State Travel Regulations and
Reimbursement Rates which shall be applicable to all
personnel subject to the jurisdiction of the travel control
boards established by Section 12-1. An affirmative vote of a
majority of the members of the Council shall be required to
adopt regulations and reimbursement rates. If the Council
fails to adopt regulations by March 1 of any odd-numbered
year, the Director of Central Management Services shall adopt
emergency regulations and reimbursement rates pursuant to the
Illinois Administrative Procedure Procedures Act.
(b) Mileage for automobile travel shall be reimbursed at
the allowance rate in effect under regulations promulgated
pursuant to 5 U.S.C. 5707(b)(2). However, in the event the
rate set under federal regulations changes during the course
of the State's fiscal year, the effective date of the new
rate shall be the July 1 immediately following the change in
the federal rate.
(c) Rates for reimbursement of expenses other than
mileage shall not exceed the actual cost of travel as
determined by the United States Internal Revenue Service.
(d) Reimbursements to travelers shall be made pursuant
to the rates and regulations applicable to the respective
State agency as of the effective date of this amendatory Act,
until the State Travel Regulations and Reimbursement Rates
established by this Section are adopted and effective.
(Source: P.A. 89-376, eff. 8-18-95; revised 10-31-98.)
(30 ILCS 105/15a) (from Ch. 127, par. 151a)
Sec. 15a. Contractual services. The item "contractual
services", when used in an appropriation act, means and
includes:
(a) Expenditures incident to the current conduct
and operation of an office, department, board,
commission, institution or agency for postage and postal
charges, surety bond premiums, publications,
subscriptions, office conveniences and services,
exclusive of commodities as herein defined;
(b) Expenditures for rental of property or
equipment, repair or maintenance of property or equipment
including related supplies, equipment, materials,
services, replacement fixtures and repair parts, utility
services, professional or technical services, moving
expenses incident to a new State employment, and
transportation charges exclusive of "travel" as herein
defined;
(c) Expenditures for the rental of lodgings in
Springfield, Illinois and for the payment of utilities
used in connection with such lodgings for all elected
State officials, who are required by Section 1, Article V
of the Constitution of the State of Illinois to reside at
the seat of government during their term of office;
(d) Expenditures pursuant to multi-year lease,
lease-purchase or installment purchase contracts for
duplicating equipment authorized by Section 5.1 of the
Illinois Purchasing Act;
(e) Expenditures of $5,000 or less per project for
improvements to real property which, except for the
operation of this Section, would be classified as
"permanent improvements" as defined in Section 21;
(f) Expenditures pursuant to multi-year lease,
lease-purchase or installment purchase contracts for
land, permanent improvements or fixtures.
The item "contractual services" does not, however,
include any expenditures included in "operation of automotive
equipment" as defined in Section 24.2.
The item "contractual services" does not include any
expenditures for professional, technical, or other services
performed for a State agency under a contract executed after
the effective date of this amendatory Act of 1992 by a person
who was formerly employed by that agency and has received any
early retirement incentive under Section 14-108.3 or 16-133.3
of the Illinois Pension Code, unless the official or employee
executing the contract on behalf of the agency has certified
that the person performing the services either (i) possesses
possess unique expertise, or (ii) is essential to the
operation of the agency. This certification must be filed
with the Office of the Auditor General prior to the execution
of the contract, and shall be made available by that Office
for public inspection and copying. A contract not payable
from the contractual services item because of this paragraph
shall not be payable from any other item of appropriation.
For the purposes of this paragraph, the term "agency"
includes all offices, boards, commissions, departments,
agencies, and institutions of State government.
(Source: P.A. 87-836; 87-860; revised 10-31-98.)
Section 48. The State Officers and Employees Money
Disposition Act is amended by changing Section 6 as follows:
(30 ILCS 230/6) (from Ch. 127, par. 176a)
Sec. 6. This Act shall not apply to contributions or
other moneys collected pursuant to the provisions of "the
Unemployment Insurance Compensation Act" approved June 30,
1937, as amended.
(Source: Laws 1939, p. 1144; revised 10-31-98.)
Section 49. The Fiscal Agent Designation Act is amended
by changing Section 1 as follows:
(30 ILCS 325/1) (from Ch. 127, par. 321)
Sec. 1. The Building Bond Board created by the
Educational Institution Bond Authorization Act "An Act to
authorize the issuance and sale of bonds of the State of
Illinois for the purpose of obtaining funds to be used for
making permanent improvements at educational institutions
owned by this State and to provide for the payment of the
principal of and interest upon such bonds" and the Building
Bond Board created by the Mental Health Institution Bond Act
are "An Act to authorize the issuance and sale of bonds of
the State of Illinois for the purpose of obtaining funds to
be used for making permanent improvements at mental health
and other public welfare institutions owned by this State and
to provide for the payment of the principal of and interest
upon such bonds" each is authorized to designate a fiscal or
paying agent for the State of Illinois for bonds issued by
the State of Illinois in accordance with the aforementioned
Acts in the City of Chicago, Illinois, and in the Borough of
Manhattan, New York City, New York, as well as the office of
the State Treasurer.
(Source: Laws 1961, p. 1804; revised 10-31-98.)
Section 50. The General Obligation Bond Act is amended
by changing Section 9 as follows:
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds. Bonds shall be issued and sold from
time to time in such amounts as directed by the Governor,
upon recommendation by the Director of the Bureau of the
Budget. Bonds shall be in such form, in the denomination of
$5,000 or some multiple thereof, payable within 30 years from
their date, bearing interest payable annually or semiannually
from their date at a rate that does not exceed that permitted
in the Bond Authorization Act "AN ACT to authorize public
corporations to issue Bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended, and be dated as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of Bonds, which order
shall be approved by the Governor prior to the giving of
notice of the sale of any Bonds. Said Bonds shall be payable
at such place or places, within or without the State of
Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of such Bonds. Bonds
may be callable as fixed and determined by the Director of
the Bureau of the Budget in the order authorizing the
issuance and sale of Bonds; provided,; however, that the
State shall not pay a premium of more than 3% of the
principal of any Bonds so called.
(Source: P.A. 83-1490; revised 10-31-98.)
Section 51. The Metropolitan Civic Center Support Act is
amended by changing Section 4 as follows:
(30 ILCS 355/4) (from Ch. 85, par. 1394)
Sec. 4. Moneys will be committed and distributed from the
MEAOB Fund in the following manner:
(1) Any Authority desiring to make application for
financial support shall do so on forms and in the manner
provided by the Department and accompanied by an economic
feasibility report, an economic impact report, master
building plan and design, documented evidence that the
Authority has been created pursuant to law, a financial
plan, and the required local share of total project costs,
which local share shall include cash or pledges available on
demand through construction in an amount equivalent to 10% of
total project costs, and the sources of and procedures for
obtaining such local share, including evidence that the local
share was authorized at a public meeting. Local share may
not include State funds provided to the Authority through
grant or loan.
(2) (a) The application cycle for each program year is
from July 1 to June 30.
(b) Only Authorities recognized by the Director as being
created and organized prior to July 1 of a program year may
apply for support in that year.
(c) An application must be submitted by August 1 to be
considered in that year. An application submitted by August
1, 1990, that is not fully funded shall remain on file and
shall constitute a continuing application for the following 4
program years ending on June 30, 1992, June 30, 1993, June
30, 1994, and June 30, 1995. An Authority must participate in
a consultation with the Department prior to submitting an
application.
(d) Applications shall be made available for public
inspection by the Authority.
(e) The Department shall hold one or more hearings on
the applications. Applications may be grouped for hearings.
(f) Applications may be divided into construction
phases, but dividing the project into phases shall not imply
subsequent approval of funding the delayed phases.
Applications shall be limited to single or multi-purpose
projects the primary function of which is to provide public
entertainment, exhibitions or conventions or to provide
parking facilities related thereto. Office facilities may be
included as an incidental rather than a primary function of a
project. If the Authority holds land or property not
physically contiguous to the civic center property, the
Authority may utilize such other lands or property for any
facility administered by the Authority, and such facility may
be included as an incidental function of a project.
Notwithstanding the foregoing, an Authority created under the
Metropolitan Civic Center Act with a population of less than
100,000, that before July 1, 1990, has received State
financial support for 2 theatre renovation projects in 2
separate communities, may be eligible to seek State financial
support for an agricultural center, university sports
facility, and arena in cooperation with a State university
created under the Regency Universities Act.
(g) The Director shall certify an application as
eligible for State financial support if, in his judgment: (i)
the application satisfies all conditions in subsection (1) of
this Section; (ii) the application proposes a facility which
accommodates a documented community need; (iii) the
application shows evidence of community support; (iv) the
application proposes a facility which can reasonably be
expected to provide primary and secondary economic benefits
in the metropolitan area of the Authority including such
things as job creation, private investments and other
benefits; and (v) the application proposes a facility the
operational expenses of which are met by the Authority or
through other means available to the Authority.
(h) The Director may deny all or a portion of an
application and may deny certification to an applicant if in
the judgment of the Director the applicant has failed to show
that the project is economically feasible, or if the master
building plan and design are incomplete or inadequate, or if
the financial plan is inadequate. The submitted application
will be competitively ranked: If, after funding the highest
ranked applications, the amount available for certification
by the Director, as determined by the written certification
from the Budget Director pursuant to Section 4(4) of this
Act, is insufficient to fund the next highest ranked project
and the project cannot be separated into workable phases, the
Director may select the next highest ranked project for which
funds are sufficient.
(i) Upon completion of the application review the
Director shall provide a list of applications approved and
the amount approved, and a list of applications denied and
the amount denied to each applicant.
(j) Applicants denied shall be provided with the reason
for denial in writing.
(k) Applications not certified in one year may be
resubmitted in another year, but no preference shall be given
to resubmissions, unless the only reason for denial is lack
of available State financial support.
(l) Applications certified prior to June 1, 1985, shall
remain certified and eligible for State financial support
during fiscal year 1986 after September 3, 1985.
Applications received but not certified by the Department
prior to June 1, 1985, may be certified during fiscal year
1986 after September 3, 1985 in accordance with statutory
provisions in existence at the time the application was
received. All such applications shall be given priority over
applications subsequently received by the Department.
(3) (a) The Department shall establish for each
applicant which has been certified by the Director as being
eligible for State financial support a base sum equal to the
lesser of:
(i) 75% of the total project costs as determined
from applicant's estimate.
(ii) .0310 times the total assessed valuation, as
equalized by the Department of Revenue, of all taxable
property located within the metropolitan area of the
Authority for the year 1975 or 1983, whichever is
greater.
(iii) $20,000,000.
Notwithstanding the foregoing, an applicant with a
facility with more than 400,000 square feet of exhibition
space shall have a base sum of $15,000,000 in any event, and
the applicant shall be eligible to receive up to $10,000,000
of its base sum in the fiscal year beginning July 1, 1990,
and the balance of its base sum in the fiscal year beginning
July 1, 1991. Notwithstanding the foregoing, an applicant
that has received by July 1, 1990, the maximum amount of
State financial support authorized under subsection
(3)(a)(iii) of this Section shall receive additional State
financial support as appropriated by the General Assembly.
(b) After this base sum has been established, the
Department shall enter into an agreement with the Authority
whereby the Department will agree to do one of the following:
(i) Subject to annual appropriation by the General
Assembly, to pay annually to the Authority from the MEAOB
Fund, (A) an amount equal to the interest and principal
cost to the Authority of amortizing revenue bonds issued
by the Authority in an amount equal to the base sum or
(B) an amount equal to the interest and principal cost to
a unit of local government of amortizing revenue or
general obligation bonds issued by the unit of local
government pursuant to an intergovernmental cooperation
agreement with the Authority in an amount equal to the
base sum. The amortization schedule for such revenue or
general obligation bonds shall be determined by the
Authority or the unit of local government and be approved
by the Department; or
(ii) After September 3, 1985, to provide State
financial support from the issuance of Bonds pursuant to
Section 7 of this Act, the proceeds of which shall be
granted by the Department to the Authority in an amount
equal to the base sum, subject to annual appropriation by
the General Assembly. After September 3, 1985, newly
certified applicants shall receive State financial
support only in accordance with this subparagraph (ii).
(iii) The issuance of Bonds pursuant to Section 7 of this
Act to provide State financial support, as provided in
subparagraph (ii) above, shall be subject to the satisfaction
of all the conditions contained in this Act required for the
issuance of Bonds, including, without limitation, those
conditions contained in Section 9. Any application certified
by the Director as eligible for State financial support in
one fiscal year, but for which State financial support is not
provided during such fiscal year, shall continue to be
certified as eligible for State financial support in
subsequent fiscal years.
(4) Prior to July 1, 1989, the Director shall not
certify an applicant Authority as eligible for State
Financial Support unless he receives written certification
from the Budget Director that the revenues for the last
completed fiscal year paid into the MEAOB Fund equal or
exceed 175% of the annual debt service required with respect
to Bonds and Local Bonds for previously certified
applications and the application then under consideration.
For the fiscal year beginning July 1, 1989, and each fiscal
year thereafter, the Director shall not certify an applicant
Authority as eligible for State Financial Support unless he
receives written certification from the Budget Director that
the amount to be certified by the Director, when added to all
other amounts previously certified by the Director and funded
from the proceeds of Bonds, does not exceed the estimated
proceeds available under this Act to fund civic center and
library projects from the proceeds of Bonds to be issued and
sold after July 1, 1989 pursuant to Section 7 of this Act.
The total aggregate amount of principal issued and
outstanding in Bonds and in Local Bonds subject to State
financial support under subsection (3)(b) above at any given
time for all Authorities shall not exceed the sum of
$200,000,000. Bonds and Local Bonds (or portions thereof) for
which there shall be delivered to an escrow agent or trustee
for the benefit of the holders thereof either cash or a
combination of cash and direct obligations of, or obligations
the principal and interest on which are fully guaranteed by,
the United States of America shall be deemed not to be
outstanding for the purpose of any determination of, or
certification relating to, debt service coverage required by
this Act to the extent that the principal of, premium, if
any, and interest on such bonds are payable from the amount
so delivered and any income or increment to accrue thereon
(without consideration of any reinvestment thereof). Bonds
and Local Bonds (or portions thereof) for which there shall
be delivered to an escrow agent or trustee for the benefit of
the holders thereof either cash or a combination of cash and
direct obligations of, or obligations the principal and
interest on which are fully guaranteed by, the United States
of America shall be deemed not to be outstanding for the
purpose of any determination of, or certification relating
to, the aggregate amount of Bonds and Local Bonds outstanding
at any given time under this Act to the extent that the
principal of and premium, if any, on such bonds are payable
from the amount so delivered and any income or increment to
accrue thereon (without consideration of any reinvestment
thereof).
(Source: P.A. 87-738; 88-245; revised 10-31-98.)
Section 52. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Section 30 as follows:
(30 ILCS 535/30) (from Ch. 127, par. 4151-30)
Sec. 30. Evaluation procedure. A State agency shall
evaluate the firms submitting letters of interest and other
prequalified firms, taking into account qualifications; and
the State agency may consider, but shall not be limited to
considering, ability of professional personnel, past record
and experience, performance data on file, willingness to meet
time requirements, location, workload of the firm and any
other qualifications based factors as the State agency may
determine in writing are applicable. The State agency may
conduct discussions with and require public presentations by
firms deemed to be the most qualified regarding their
qualifications, approach to the project and ability to
furnish the required services.
A State agency shall establish a committee to select
firms to provide architectural, engineering, and land
surveying services. A selection committee may include at
least one public member nominated by a statewide association
of the profession affected. The public member may not be
employed or associated with any firm holding a contract with
the State agency nor may the public member's members' firm be
considered for a contract with that State agency while he or
she is serving as a public member of the committee.
In no case shall a State agency, prior to selecting a
firm for negotiation under Section 40, seek formal or
informal submission of verbal or written estimates of costs
or proposals in terms of dollars, hours required, percentage
of construction cost, or any other measure of compensation.
(Source: P.A. 87-673; revised 10-31-98.)
Section 53. The International Anti-Boycott Certification
Act is amended by changing Section 5 as follows:
(30 ILCS 582/5)
Sec. 5. State contracts. Every contract entered into by
the State of Illinois for the manufacture, furnishing, or
purchasing of supplies, material, or equipment or for the
furnishing of work, labor, or services, in an amount
exceeding the threshold threshhold for small purchases
according to the purchasing laws of this State or $10,000,
whichever is less, shall contain certification, as a material
condition of the contract, by which the contractor agrees
that neither the contractor nor any substantially-owned
affiliated company is participating or shall participate in
an international boycott in violation of the provisions of
the U.S. Export Administration Act of 1979 or the regulations
of the U.S. Department of Commerce promulgated under that
Act.
(Source: P.A. 88-671, eff. 12-14-94; revised 10-31-98.)
Section 54. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 2 as follows:
(30 ILCS 715/2) (from Ch. 56 1/2, par. 1702)
Sec. 2. As used in this Act, unless the context
otherwise requires, the terms specified in Sections Section
2.01 through 2.05 have the meanings ascribed to them in those
Sections.
(Source: P.A. 88-677, eff. 12-15-94; revised 10-31-98.)
Section 55. The Comprehensive Solar Energy Act of 1977
is amended by changing Sections 1.1 and 2.1 as follows:
(30 ILCS 725/1.1) (from Ch. 96 1/2, par. 7302)
Sec. 1.1. Legislative Findings. The General Assembly
finds:
(a) that the public health, safety, and welfare of the
People of the State of Illinois require that an adequate
supply of energy be made available to them at all times;
(b) that at the present time existing energy sources are
becoming more limited;
(c) that it is the responsibility of the State
government to encourage, the use of alternative renewable
energy sources;
(d) that solar energy systems are an effective and
feasible means of reducing the dependence of the State
government and the People of the State on non-State energy
sources and of conserving valuable fossil fuel and other
non-renewable energy sources; and
(e) that it is in the public interest to define solar
energy systems, demonstrate solar energy feasibility, apply
incentives for using solar energy, educate the public on
solar feasibility, study solar energy application, and
coordinate governmental programs affecting solar energy.
(Source: P.A. 80-430; revised 10-31-98.)
(30 ILCS 725/2.1) (from Ch. 96 1/2, par. 7304)
Sec. 2.1. Delegation of Authority.
(a) There is created the Illinois Comprehensive Solar
Energy Program, hereinafter referred to as the Program,
elements of which are specified in Sections 2.1 through 8.2
of this Act.
(b) Primary authority and responsibility for the
supervision and implementation of the Program is vested in
the Department.
(c) The Director of the Department shall carry out the
Program and; shall accept, receive, expend, and administer
for the benefit of the People of this State, any gifts,
grants, legacies, or other funds or monies made available
from either public or private sources.
(d) The Department shall acquire and collect
information; shall represent the State before all agencies,
governmental bodies, or commissions; and; shall promulgate
necessary regulations.
(Source: P.A. 83-388; revised 10-31-98.)
Section 56. The Downstate Public Transportation Act is
amended by changing Sections 2-2.02, 2-7, 3-1.04, and 3-1.09
as follows:
(30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
Sec. 2-2.02. "Participant" means:
(1) a city, village, or incorporated town, or a local
mass transit district organized under the Local Mass Transit
District Act, (a) serving an urbanized area of over 50,000
population on December 28, 1989, or (b) receiving State mass
transportation operating assistance pursuant to the
"Downstate Public Transportation Act" during Fiscal Year
1979, or (c) serving a nonurbanized area and receiving
federal rural public transportation assistance on the
effective date of this amendatory Act of 1993;, or
(2) any Metro-East Transit District established pursuant
to Section 3 of the "Local Mass Transit District Act",
approved July 21, 1959, as amended, and serving one or more
of the Counties of Madison, Monroe, and St. Clair during
Fiscal Year 1989, all located outside the boundaries of the
Regional Transportation Authority as established pursuant to
the "Regional Transportation Authority Act", approved
December 12, 1973, as amended.
(Source: P.A. 88-450; revised 10-31-98.)
(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 paragraph (9) of Section 49.19 of the
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 2-6 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; revised 10-31-98.)
(30 ILCS 740/3-1.04) (from Ch. 111 2/3, par. 685)
Sec. 3-1.04. "Eligible operating expenses" means those
expenses required to provide public transportation, including
drivers wages and benefits, mechanics wages and benefits,
contract maintenance services, materials and supplies
directly related to transit and maintenance of vehicles,
fuels and lubricants, rentals or leases of vehicles, taxes
other than income taxes, payment made for debt service
(including principal and interest) on publicly owned
equipment and facilities, and any other expenditure which is
an operating expense according to standard accounting
practices for the providing of public transportation and
which is not defined as an "eligible administrative expense"
by Section 3-1.09 of this Article.
"Eligible operating expenses" shall not include
allowances: (a) for depreciation whether funded or unfunded;
(b) for amortization of any intangible costs; (c) for debt
service on capital acquired with the assistance of capital
grant funds provided by the State of Illinois; (d) for
profits or return on investments; (e) for excessive payment
to associated entities; (f) for cost reimbursed under
Sections Section 6 and 8 of the "Urban Mass Transportation
Act of 1964", as amended; (g) for entertainment expenses; (h)
for charter expenses; (i) for fines and penalties; (j) for
charitable donations; (k) for interest expense on long term
borrowing and debt retirement other than on publicly owned
equipment or facilities; (l) for income taxes; (m) for
expenses defined as "eligible administrative expenses" in
Section 3-1.09 of this Article; or (n) for such other
expenses as the Department may determine consistent with
federal Department of Transportation regulations and
requirements.
(Source: P.A. 83-1471; revised 10-31-98.)
(30 ILCS 740/3-1.09) (from Ch. 111 2/3, par. 689.1)
Sec. 3-1.09. "Eligible administrative expenses" means
those expenses required to provide public transportation,
other than those defined as "eligible operating expenses" in
Section 3-1.04 of this Act, including, but not limited to,
general, administrative and overhead costs such as salaries
of the project director, office personnel such as secretary
and bookkeeper, office supplies, facilities, rental,
insurance, marketing, and interest on short-term loans for
operating assistance. "Eligible administrative expenses"
shall not include allowances: (a) for depreciation whether
funded or unfunded; (b) for amortization of any intangible
costs; (c) for debt service on capital acquired with the
assistance of capital grant funds provided by the State of
Illinois; (d) for profits or return on investments; (e) for
excessive payment to associated entities; (f) for costs
reimbursed under Sections Section 6 and 8 of the "Urban Mass
Transportation Act of 1964", as amended; (g) for
entertainment expenses; (h) for charter expenses; (i) for
fines and penalties; (j) for charitable donations; (k) for
interest expense on long term borrowing and debt retirement
other than on publicly owned equipment or facilities; (l) for
income taxes; (m) for those expenses defined as "eligible
operating expenses" under Section 3-1.04 of this Article; or
(n) or for such other expenses as the Department may
determine consistent with federal Department of
Transportation regulations and requirements.
(Source: P.A. 83-1471; revised 10-31-98.)
Section 57. The Build Illinois Act is amended by
changing Section 3-7 as follows:
(30 ILCS 750/3-7) (from Ch. 127, par. 2703-7)
Sec. 3-7. Powers and Duties. The Department shall have
the following powers and duties:
(1) To make grants and loans to, and accept guarantees
from, universities, research institutions and businesses for
the purposes of this Article. Any loan or series of loans
shall be limited to an amount not to exceed $2,500,000 or 50%
of the total project cost, whichever is less.
(2) To establish such interest rates, terms of repayment
and other terms and conditions regarding loans made pursuant
to this Act as the Department shall deem necessary or
appropriate to protect the public interest and carry out the
purposes of this Article.
(3) To accept grants, loans or appropriations from the
federal government or any private entity to be used for
purposes similar to this program and to enter into contracts
contacts and agreements in connection with such grants, loans
or appropriations.
(4) To adopt such rules and regulations as are necessary
for the administration of this Article.
(Source: P.A. 84-109; revised 10-31-98.)
Section 58. The State Mandates Act is amended by setting
forth and renumbering multiple versions of Section 8.21 and
changing Section 8.22 as follows:
(30 ILCS 805/8.21)
Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by Public Act
89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31, 90-32,
90-186, 90-204, 90-258, 90-288, 90-350, 90-448, 90-460,
90-497, 90-511, 90-524, 90-531, 90-535, or 90-551.
(Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
eff. 11-14-97; 90-551, eff. 12-12-97; 90-655, eff. 7-30-98.)
(30 ILCS 805/8.22)
Sec. 8.22. 8.21. Exempt mandate. Notwithstanding
Sections 6 and 8 of this Act, no reimbursement by the State
is required for the implementation of any mandate created by
Public Act 90-525, 90-568, 90-576, 90-582, 90-679, 90-737,
90-741, or 90-766 this amendatory Act of 1998 1997.
(Source: P.A. 90-568, eff. 1-1-99; 90-576, eff. 3-31-98;
90-582, eff. 5-27-98; 90-679, eff. 7-31-98; 90-737, eff.
1-1-99; 90-741, eff. 1-1-99; 90-766, eff. 8-14-98; 90-807,
eff. 12-2-98; revised 9-23-98.)
Section 59. The Illinois Income Tax Act is amended by
changing Sections 201, 203, 204, and 509 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate
for each taxable year ending after July 31, 1969 on the
privilege of earning or receiving income in or as a resident
of this State. Such tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows:
(1) In the case of an individual, trust or estate,
for taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate,
for taxable years beginning prior to July 1, 1989 and
ending after June 30, 1989, an amount equal to the sum of
(i) 2 1/2% of the taxpayer's net income for the period
prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 3% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate,
for taxable years beginning after June 30, 1989, an
amount equal to 3% of the taxpayer's net income for the
taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of
the taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in
addition to such income tax, there is also hereby imposed the
Personal Property Tax Replacement Income Tax measured by net
income on every corporation (including Subchapter S
corporations), partnership and trust, for each taxable year
ending after June 30, 1979. Such taxes are imposed on the
privilege of earning or receiving income in or as a resident
of this State. The Personal Property Tax Replacement Income
Tax shall be in addition to the income tax imposed by
subsections (a) and (b) of this Section and in addition to
all other occupation or privilege taxes imposed by this State
or by any municipal corporation or political subdivision
thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation, shall be an additional amount equal to 2.85% of
such taxpayer's net income for the taxable year, except that
beginning on January 1, 1981, and thereafter, the rate of
2.85% specified in this subsection shall be reduced to 2.5%,
and in the case of a partnership, trust or a Subchapter S
corporation shall be an additional amount equal to 1.5% of
such taxpayer's net income for the taxable year.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to
.5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be
allowed an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for
the first year in which they file employment records with
the Illinois Department of Employment Security. The
provisions added to this Section by Public Act 85-1200
(and restored by Public Act 87-895) shall be construed as
declaratory of existing law and not as a new enactment.
If, in any year, the increase in base employment within
Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage
times a fraction, the numerator of which is .5% and the
denominator of which is 1%, but shall not exceed .5%.
The investment credit shall not be allowed to the extent
that it would reduce a taxpayer's liability in any tax
year below zero, nor may any credit for qualified
property be allowed for any year other than the year in
which the property was placed in service in Illinois. For
tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years if the
taxpayer (i) makes investments which cause the creation
of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone
established pursuant to the Illinois Enterprise Zone Act
and (iii) is certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clause (i) and (ii) by July 1, 1986. The
Department of Commerce and Community Affairs shall notify
the Department of Revenue of all such certifications
immediately. For tax years ending after December 31,
1988, the credit shall be allowed for the tax year in
which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that
year, whether it exceeds the original liability or the
liability as later amended, such excess may be carried
forward and applied to the tax liability of the 5 taxable
years following the excess credit years. The credit shall
be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings and signs that are real property, but not
including land or improvements to real property that
are not a structural component of a building such as
landscaping, sewer lines, local access roads,
fencing, parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (e);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining
coal or fluorite, or in retailing; and
(E) has not previously been used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(e) or subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of
the Internal Revenue Code. For purposes of this
subsection (e), the term "retailing" means the sale of
tangible personal property or services rendered in
conjunction with the sale of tangible consumer goods or
commodities.
(4) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(7) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside Illinois
within 48 months after being placed in service, the
Personal Property Tax Replacement Income Tax for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by
law, the basis of qualified property shall not include
costs incurred after December 31, 2003, except for costs
incurred pursuant to a binding contract entered into on
or before December 31, 2003.
(9) Each taxable year, a partnership may elect to
pass through to its partners the credits to which the
partnership is entitled under this subsection (e) for the
taxable year. A partner may use the credit allocated to
him or her under this paragraph only against the tax
imposed in subsections (c) and (d) of this Section. If
the partnership makes that election, those credits shall
be allocated among the partners in the partnership in
accordance with the rules set forth in Section 704(b) of
the Internal Revenue Code, and the rules promulgated
under that Section, and the allocated amount of the
credits shall be allowed to the partners for that taxable
year. The partnership shall make this election on its
Personal Property Tax Replacement Income Tax return for
that taxable year. The election to pass through the
credits shall be irrevocable.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against
the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is
placed in service in an Enterprise Zone created pursuant
to the Illinois Enterprise Zone Act. For partners and for
shareholders of Subchapter S corporations, there shall be
allowed a credit under this subsection (f) to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code. The
credit shall be .5% of the basis for such property. The
credit shall be available only in the taxable year in
which the property is placed in service in the Enterprise
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1985, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, the credit
accruing first in time shall be applied first.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (f);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the
taxpayer; and
(E) has not been previously used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(f) or subsection (e).
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone by the taxpayer,
the amount of such increase shall be deemed property
placed in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside the
Enterprise Zone within 48 months after being placed in
service, the tax imposed under subsections (a) and (b) of
this Section for such taxable year shall be increased.
Such increase shall be determined by (i) recomputing the
investment credit which would have been allowed for the
year in which credit for such property was originally
allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (6), a reduction of the basis
of qualified property resulting from a redetermination of
the purchase price shall be deemed a disposition of
qualified property to the extent of such reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign
Trade Zone or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by
the Department of Commerce and Community Affairs
conducting a trade or business in a federally designated
Foreign Trade Zone or Sub-Zone shall be allowed a credit
against the tax imposed by subsections (a) and (b) of
this Section in the amount of $500 per eligible employee
hired to work in the zone during the taxable year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the
taxable year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone must increase by 5 or more
full-time employees beyond the total employed in
that zone at the end of the previous tax year for
which a jobs tax credit under this Section was
taken, or beyond the total employed by the taxpayer
as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed
180 consecutive days in order to be deemed hired for
purposes of this subsection.
(3) An "eligible employee" means an employee who
is:
(A) Certified by the Department of Commerce
and Community Affairs as "eligible for services"
pursuant to regulations promulgated in accordance
with Title II of the Job Training Partnership Act,
Training Services for the Disadvantaged or Title III
of the Job Training Partnership Act, Employment and
Training Assistance for Dislocated Workers Program.
(B) Hired after the enterprise zone or
federally designated Foreign Trade Zone or Sub-Zone
was designated or the trade or business was located
in that zone, whichever is later.
(C) Employed in the enterprise zone or Foreign
Trade Zone or Sub-Zone. An employee is employed in
an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone if his services are rendered
there or it is the base of operations for the
services performed.
(D) A full-time employee working 30 or more
hours per week.
(4) For tax years ending on or after December 31,
1985 and prior to December 31, 1988, the credit shall be
allowed for the tax year in which the eligible employees
are hired. For tax years ending on or after December 31,
1988, the credit shall be allowed for the tax year
immediately following the tax year in which the eligible
employees are hired. If the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, earlier credit shall be applied first.
(5) The Department of Revenue shall promulgate such
rules and regulations as may be deemed necessary to carry
out the purposes of this subsection (g).
(6) The credit shall be available for eligible
employees hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the
Illinois Enterprise Zone Act, a taxpayer shall be allowed
a credit against the tax imposed by subsections (a) and
(b) of this Section for investment in qualified property
which is placed in service by a Department of Commerce
and Community Affairs designated High Impact Business.
The credit shall be .5% of the basis for such property.
The credit shall not be available until the minimum
investments in qualified property set forth in Section
5.5 of the Illinois Enterprise Zone Act have been
satisfied and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
The credit applicable to such minimum investments shall
be taken in the taxable year in which such minimum
investments have been completed. The credit for
additional investments beyond the minimum investment by a
designated high impact business shall be available only
in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1987, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax
year that is available to offset a liability, the credit
accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public
Act 88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (h);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed
in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December
31, 1996, if a taxpayer qualifies for the credit under
this subsection (h) and thereby is granted a tax
abatement and the taxpayer relocates its entire facility
in violation of the explicit terms and length of the
contract under Section 18-183 of the Property Tax Code,
the tax imposed under subsections (a) and (b) of this
Section shall be increased for the taxable year in which
the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed
by subsections (c) and (d) of this Section. This credit
shall be computed by multiplying the tax imposed by
subsections (c) and (d) of this Section by a fraction, the
numerator of which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying the product by the tax rate imposed by
subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under
this subsection which is unused in the year the credit is
computed because it exceeds the tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may be
carried forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year. This credit shall be applied first to
the earliest year for which there is a liability. If there
is a credit under this subsection from more than one tax year
that is available to offset a liability the earliest credit
arising under this subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsection (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed by subsection (a)
and (b) under this Section for all amounts paid or accrued,
on behalf of all persons employed by the taxpayer in Illinois
or Illinois residents employed outside of Illinois by a
taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled
fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such
training expenses. For partners and for shareholders of
subchapter S corporations, there shall be allowed a credit
under this subsection (j) to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to
each of the 5 taxable years following the year for which the
credit is first computed until it is used. This credit shall
be applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a
liability the earliest credit arising under this subsection
shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a
taxpayer shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for increasing
research activities in this State. The credit allowed
against the tax imposed by subsections (a) and (b) shall be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State.
For purposes of this subsection, "qualifying
expenditures" means the qualifying expenditures as defined
for the federal credit for increasing research activities
which would be allowable under Section 41 of the Internal
Revenue Code and which are conducted in this State,
"qualifying expenditures for increasing research activities
in this State" means the excess of qualifying expenditures
for the taxable year in which incurred over qualifying
expenditures for the base period, "qualifying expenditures
for the base period" means the average of the qualifying
expenditures for each year in the base period, and "base
period" means the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried
over as a credit against the tax liability for the following
5 taxable years or until it has been fully used, whichever
occurs first.
If an unused credit is carried forward to a given year
from 2 or more earlier years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year. If a tax liability for the given year
still remains, the credit from the next earliest year will
then be applied, and so on, until all credits have been used
or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried
forward to the next following year in which a tax liability
is incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
Unless extended by law, the credit shall not include
costs incurred after December 31, 2004, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2004.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997
and on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under
Section 58.10 of the Environmental Protection Act. The
credit must be claimed for the taxable year in which
Agency approval of the eligible remediation costs is
granted. The credit is not available to any taxpayer if
the taxpayer or any related party caused or contributed
to, in any material respect, a release of regulated
substances on, in, or under the site that was identified
and addressed by the remedial action pursuant to the Site
Remediation Program of the Environmental Protection Act.
After the Pollution Control Board rules are adopted
pursuant to the Illinois Administrative Procedure Act for
the administration and enforcement of Section 58.9 of the
Environmental Protection Act, determinations as to credit
availability for purposes of this Section shall be made
consistent with those rules. For purposes of this
Section, "taxpayer" includes a person whose tax
attributes the taxpayer has succeeded to under Section
381 of the Internal Revenue Code and "related party"
includes the persons disallowed a deduction for losses by
paragraphs (b), (c), and (f)(1) of Section 267 of the
Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and
(b) shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site, except
that the $100,000 threshold shall not apply to any site
contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs. The total
credit allowed shall not exceed $40,000 per year with a
maximum total of $150,000 per site. For partners and
shareholders of subchapter S corporations, there shall be
allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
of subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used.
The term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit
under this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of
a remediation site and the tax credit shall succeed to
the unused credit and remaining carry-forward period of
the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site
and provide written notice to the Director of the
Illinois Department of Revenue of the assignor's intent
to sell the remediation site and the amount of the tax
credit to be transferred as a portion of the sale. In no
event may a credit be transferred to any taxpayer if the
taxpayer or a related party would not be eligible under
the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717,
eff. 8-7-98; 90-792, eff. 1-1-99; revised 9-16-98.)
(35 ILCS 5/203) (from Ch. 120, par. 2-203)
Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base
income means an amount equal to the taxpayer's adjusted
gross income for the taxable year as modified by
paragraph (2).
(2) Modifications. The adjusted gross income
referred to in paragraph (1) shall be modified by adding
thereto the sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of adjusted gross
income, except stock dividends of qualified public
utilities described in Section 305(e) of the
Internal Revenue Code;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of adjusted gross
income for the taxable year;
(C) An amount equal to the amount received
during the taxable year as a recovery or refund of
real property taxes paid with respect to the
taxpayer's principal residence under the Revenue Act
of 1939 and for which a deduction was previously
taken under subparagraph (L) of this paragraph (2)
prior to July 1, 1991, the retrospective application
date of Article 4 of Public Act 87-17. In the case
of multi-unit or multi-use structures and farm
dwellings, the taxes on the taxpayer's principal
residence shall be that portion of the total taxes
for the entire property which is attributable to
such principal residence;
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of adjusted gross income;
(D-5) An amount, to the extent not included in
adjusted gross income, equal to the amount of money
withdrawn by the taxpayer in the taxable year from a
medical care savings account and the interest earned
on the account in the taxable year of a withdrawal
pursuant to subsection (b) of Section 20 of the
Medical Care Savings Account Act; and
(D-10) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the individual deducted in
computing adjusted gross income and for which the
individual claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(E) Any amount included in such total in
respect of any compensation (including but not
limited to any compensation paid or accrued to a
serviceman while a prisoner of war or missing in
action) paid to a resident by reason of being on
active duty in the Armed Forces of the United States
and in respect of any compensation paid or accrued
to a resident who as a governmental employee was a
prisoner of war or missing in action, and in respect
of any compensation paid to a resident in 1971 or
thereafter for annual training performed pursuant to
Sections 502 and 503, Title 32, United States Code
as a member of the Illinois National Guard;
(F) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
408 of the Internal Revenue Code, or included in
such total as distributions under the provisions of
any retirement or disability plan for employees of
any governmental agency or unit, or retirement
payments to retired partners, which payments are
excluded in computing net earnings from self
employment by Section 1402 of the Internal Revenue
Code and regulations adopted pursuant thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(I) An amount equal to all amounts included in
such total pursuant to the provisions of Section 111
of the Internal Revenue Code as a recovery of items
previously deducted from adjusted gross income in
the computation of taxable income;
(J) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, and conducts substantially all
of its operations in an Enterprise Zone or zones;
(K) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(J) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (K);
(L) For taxable years ending after December
31, 1983, an amount equal to all social security
benefits and railroad retirement benefits included
in such total pursuant to Sections 72(r) and 86 of
the Internal Revenue Code;
(M) With the exception of any amounts
subtracted under subparagraph (N), an amount equal
to the sum of all amounts disallowed as deductions
by Sections 171(a) (2), and 265(2) of the Internal
Revenue Code of 1954, as now or hereafter amended,
and all amounts of expenses allocable to interest
and disallowed as deductions by Section 265(1) of
the Internal Revenue Code of 1954, as now or
hereafter amended;
(N) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(O) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986;
(Q) An amount equal to any amounts included in
such total, received by the taxpayer as an
acceleration in the payment of life, endowment or
annuity benefits in advance of the time they would
otherwise be payable as an indemnity for a terminal
illness;
(R) An amount equal to the amount of any
federal or State bonus paid to veterans of the
Persian Gulf War;
(S) An amount, to the extent included in
adjusted gross income, equal to the amount of a
contribution made in the taxable year on behalf of
the taxpayer to a medical care savings account
established under the Medical Care Savings Account
Act to the extent the contribution is accepted by
the account administrator as provided in that Act;
(T) An amount, to the extent included in
adjusted gross income, equal to the amount of
interest earned in the taxable year on a medical
care savings account established under the Medical
Care Savings Account Act on behalf of the taxpayer,
other than interest added pursuant to item (D-5) of
this paragraph (2);
(U) For one taxable year beginning on or after
January 1, 1994, an amount equal to the total amount
of tax imposed and paid under subsections (a) and
(b) of Section 201 of this Act on grant amounts
received by the taxpayer under the Nursing Home
Grant Assistance Act during the taxpayer's taxable
years 1992 and 1993;
(V) Beginning with tax years ending on or
after December 31, 1995 and ending with tax years
ending on or before December 31, 1999, an amount
equal to the amount paid by a taxpayer who is a
self-employed taxpayer, a partner of a partnership,
or a shareholder in a Subchapter S corporation for
health insurance or long-term care insurance for
that taxpayer or that taxpayer's spouse or
dependents, to the extent that the amount paid for
that health insurance or long-term care insurance
may be deducted under Section 213 of the Internal
Revenue Code of 1986, has not been deducted on the
federal income tax return of the taxpayer, and does
not exceed the taxable income attributable to that
taxpayer's income, self-employment income, or
Subchapter S corporation income; except that no
deduction shall be allowed under this item (V) if
the taxpayer is eligible to participate in any
health insurance or long-term care insurance plan of
an employer of the taxpayer or the taxpayer's
spouse. The amount of the health insurance and
long-term care insurance subtracted under this item
(V) shall be determined by multiplying total health
insurance and long-term care insurance premiums paid
by the taxpayer times a number that represents the
fractional percentage of eligible medical expenses
under Section 213 of the Internal Revenue Code of
1986 not actually deducted on the taxpayer's federal
income tax return; and
(W) For taxable years beginning on or after
January 1, 1998, all amounts included in the
taxpayer's federal gross income in the taxable year
from amounts converted from a regular IRA to a Roth
IRA. This paragraph is exempt from the provisions of
Section 250.
(b) Corporations.
(1) In general. In the case of a corporation, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest and all
distributions received from regulated investment
companies during the taxable year to the extent
excluded from gross income in the computation of
taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(C) In the case of a regulated investment
company, an amount equal to the excess of (i) the
net long-term capital gain for the taxable year,
over (ii) the amount of the capital gain dividends
designated as such in accordance with Section
852(b)(3)(C) of the Internal Revenue Code and any
amount designated under Section 852(b)(3)(D) of the
Internal Revenue Code, attributable to the taxable
year. (this amendatory Act of 1995 (Public Act
89-89) is declarative of existing law and is not a
new enactment);.
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986; and
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such earlier
taxable year, with the following limitations applied
in the order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year;, and
(E-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the corporation deducted in
computing adjusted gross income and for which the
corporation claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to any amount included in
such total under Section 78 of the Internal Revenue
Code;
(H) In the case of a regulated investment
company, an amount equal to the amount of exempt
interest dividends as defined in subsection (b) (5)
of Section 852 of the Internal Revenue Code, paid to
shareholders for the taxable year;
(I) With the exception of any amounts
subtracted under subparagraph (J), an amount equal
to the sum of all amounts disallowed as deductions
by Sections 171(a) (2), and 265(a)(2) and amounts
disallowed as interest expense by Section 291(a)(3)
of the Internal Revenue Code, as now or hereafter
amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(a)(1) of the Internal Revenue Code, as now or
hereafter amended;
(J) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or zones;
(L) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph 2 of this subsection shall not be
eligible for the deduction provided under this
subparagraph (L);
(M) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the Enterprise Zone Investment Credit. To determine
the portion of a loan or loans that is secured by
property eligible for a Section 201(h) investment
credit to the borrower, the entire principal amount
of the loan or loans between the taxpayer and the
borrower should be divided into the basis of the
Section 201(h) investment credit property which
secures the loan or loans, using for this purpose
the original basis of such property on the date that
it was placed in service in the Enterprise Zone.
The subtraction modification available to taxpayer
in any year under this subsection shall be that
portion of the total interest paid by the borrower
with respect to such loan attributable to the
eligible property as calculated under the previous
sentence;
(M-1) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the High Impact Business Investment Credit. To
determine the portion of a loan or loans that is
secured by property eligible for a Section 201(i)
investment credit to the borrower, the entire
principal amount of the loan or loans between the
taxpayer and the borrower should be divided into the
basis of the Section 201(i) investment credit
property which secures the loan or loans, using for
this purpose the original basis of such property on
the date that it was placed in service in a
federally designated Foreign Trade Zone or Sub-Zone
located in Illinois. No taxpayer that is eligible
for the deduction provided in subparagraph (M) of
paragraph (2) of this subsection shall be eligible
for the deduction provided under this subparagraph
(M-1). The subtraction modification available to
taxpayers in any year under this subsection shall be
that portion of the total interest paid by the
borrower with respect to such loan attributable to
the eligible property as calculated under the
previous sentence;
(N) Two times any contribution made during the
taxable year to a designated zone organization to
the extent that the contribution (i) qualifies as a
charitable contribution under subsection (c) of
Section 170 of the Internal Revenue Code and (ii)
must, by its terms, be used for a project approved
by the Department of Commerce and Community Affairs
under Section 11 of the Illinois Enterprise Zone
Act;
(O) An amount equal to: (i) 85% for taxable
years ending on or before December 31, 1992, or, a
percentage equal to the percentage allowable under
Section 243(a)(1) of the Internal Revenue Code of
1986 for taxable years ending after December 31,
1992, of the amount by which dividends included in
taxable income and received from a corporation that
is not created or organized under the laws of the
United States or any state or political subdivision
thereof, including, for taxable years ending on or
after December 31, 1988, dividends received or
deemed received or paid or deemed paid under
Sections 951 through 964 of the Internal Revenue
Code, exceed the amount of the modification provided
under subparagraph (G) of paragraph (2) of this
subsection (b) which is related to such dividends;
plus (ii) 100% of the amount by which dividends,
included in taxable income and received, including,
for taxable years ending on or after December 31,
1988, dividends received or deemed received or paid
or deemed paid under Sections 951 through 964 of the
Internal Revenue Code, from any such corporation
specified in clause (i) that would but for the
provisions of Section 1504 (b) (3) of the Internal
Revenue Code be treated as a member of the
affiliated group which includes the dividend
recipient, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such
dividends;
(P) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act; and
(Q) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986.
(3) Special rule. For purposes of paragraph (2)
(A), "gross income" in the case of a life insurance
company, for tax years ending on and after December 31,
1994, shall mean the gross investment income for the
taxable year.
(c) Trusts and estates.
(1) In general. In the case of a trust or estate,
base income means an amount equal to the taxpayer's
taxable income for the taxable year as modified by
paragraph (2).
(2) Modifications. Subject to the provisions of
paragraph (3), the taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) In the case of (i) an estate, $600; (ii) a
trust which, under its governing instrument, is
required to distribute all of its income currently,
$300; and (iii) any other trust, $100, but in each
such case, only to the extent such amount was
deducted in the computation of taxable income;
(C) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year;
(F) For taxable years ending on or after
January 1, 1989, an amount equal to the tax deducted
pursuant to Section 164 of the Internal Revenue Code
if the trust or estate is claiming the same tax for
purposes of the Illinois foreign tax credit under
Section 601 of this Act;
(G) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income; and
(G-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the trust or estate deducted
in computing adjusted gross income and for which the
trust or estate claims a credit under subsection (l)
of Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(H) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
408 of the Internal Revenue Code or included in such
total as distributions under the provisions of any
retirement or disability plan for employees of any
governmental agency or unit, or retirement payments
to retired partners, which payments are excluded in
computing net earnings from self employment by
Section 1402 of the Internal Revenue Code and
regulations adopted pursuant thereto;
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(K) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C), (D), (E), (F) and (G) which are exempt
from taxation by this State either by reason of its
statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United
States; provided that, in the case of any statute of
this State that exempts income derived from bonds or
other obligations from the tax imposed under this
Act, the amount exempted shall be the interest net
of bond premium amortization;
(L) With the exception of any amounts
subtracted under subparagraph (K), an amount equal
to the sum of all amounts disallowed as deductions
by Sections 171(a) (2) and 265(a)(2) of the Internal
Revenue Code, as now or hereafter amended, and all
amounts of expenses allocable to interest and
disallowed as deductions by Section 265(1) of the
Internal Revenue Code of 1954, as now or hereafter
amended;
(M) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or Zones;
(N) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(O) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(M) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (O); and
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986.
(3) Limitation. The amount of any modification
otherwise required under this subsection shall, under
regulations prescribed by the Department, be adjusted by
any amounts included therein which were properly paid,
credited, or required to be distributed, or permanently
set aside for charitable purposes pursuant to Internal
Revenue Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income for the taxable year; and
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the
Internal Revenue Code in calculating its taxable
income; and
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income;
and by deducting from the total so obtained the following
amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C) and (D) which are exempt from taxation by
this State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(H) Any income of the partnership which
constitutes personal service income as defined in
Section 1348 (b) (1) of the Internal Revenue Code
(as in effect December 31, 1981) or a reasonable
allowance for compensation paid or accrued for
services rendered by partners to the partnership,
whichever is greater;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal
Property Tax Replacement Income Tax imposed by
subsections (c) and (d) of Section 201 of this Act
including amounts distributable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code;
(J) With the exception of any amounts
subtracted under subparagraph (G), an amount equal
to the sum of all amounts disallowed as deductions
by Sections 171(a) (2), and 265(2) of the Internal
Revenue Code of 1954, as now or hereafter amended,
and all amounts of expenses allocable to interest
and disallowed as deductions by Section 265(1) of
the Internal Revenue Code, as now or hereafter
amended;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, enacted by the 82nd General
Assembly, and which does not conduct such operations
other than in an Enterprise Zone or Zones;
(L) An amount equal to any contribution made
to a job training project established pursuant to
the Real Property Tax Increment Allocation
Redevelopment Act;
(M) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (M); and
(N) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986.
(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of
paragraph (2) and subsection (b) (3), for purposes of
this Section and Section 803(e), a taxpayer's gross
income, adjusted gross income, or taxable income for the
taxable year shall mean the amount of gross income,
adjusted gross income or taxable income properly
reportable for federal income tax purposes for the
taxable year under the provisions of the Internal Revenue
Code. Taxable income may be less than zero. However, for
taxable years ending on or after December 31, 1986, net
operating loss carryforwards from taxable years ending
prior to December 31, 1986, may not exceed the sum of
federal taxable income for the taxable year before net
operating loss deduction, plus the excess of addition
modifications over subtraction modifications for the
taxable year. For taxable years ending prior to December
31, 1986, taxable income may never be an amount in excess
of the net operating loss for the taxable year as defined
in subsections (c) and (d) of Section 172 of the Internal
Revenue Code, provided that when taxable income of a
corporation (other than a Subchapter S corporation),
trust, or estate is less than zero and addition
modifications, other than those provided by subparagraph
(E) of paragraph (2) of subsection (b) for corporations
or subparagraph (E) of paragraph (2) of subsection (c)
for trusts and estates, exceed subtraction modifications,
an addition modification must be made under those
subparagraphs for any other taxable year to which the
taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this
subsection (e) applied in conjunction with Section 172 of
the Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of
this subsection, the taxable income properly reportable
for federal income tax purposes shall mean:
(A) Certain life insurance companies. In the
case of a life insurance company subject to the tax
imposed by Section 801 of the Internal Revenue Code,
life insurance company taxable income, plus the
amount of distribution from pre-1984 policyholder
surplus accounts as calculated under Section 815a of
the Internal Revenue Code;
(B) Certain other insurance companies. In the
case of mutual insurance companies subject to the
tax imposed by Section 831 of the Internal Revenue
Code, insurance company taxable income;
(C) Regulated investment companies. In the
case of a regulated investment company subject to
the tax imposed by Section 852 of the Internal
Revenue Code, investment company taxable income;
(D) Real estate investment trusts. In the
case of a real estate investment trust subject to
the tax imposed by Section 857 of the Internal
Revenue Code, real estate investment trust taxable
income;
(E) Consolidated corporations. In the case of
a corporation which is a member of an affiliated
group of corporations filing a consolidated income
tax return for the taxable year for federal income
tax purposes, taxable income determined as if such
corporation had filed a separate return for federal
income tax purposes for the taxable year and each
preceding taxable year for which it was a member of
an affiliated group. For purposes of this
subparagraph, the taxpayer's separate taxable income
shall be determined as if the election provided by
Section 243(b) (2) of the Internal Revenue Code had
been in effect for all such years;
(F) Cooperatives. In the case of a
cooperative corporation or association, the taxable
income of such organization determined in accordance
with the provisions of Section 1381 through 1388 of
the Internal Revenue Code;
(G) Subchapter S corporations. In the case
of: (i) a Subchapter S corporation for which there
is in effect an election for the taxable year under
Section 1362 of the Internal Revenue Code, the
taxable income of such corporation determined in
accordance with Section 1363(b) of the Internal
Revenue Code, except that taxable income shall take
into account those items which are required by
Section 1363(b)(1) of the Internal Revenue Code to
be separately stated; and (ii) a Subchapter S
corporation for which there is in effect a federal
election to opt out of the provisions of the
Subchapter S Revision Act of 1982 and have applied
instead the prior federal Subchapter S rules as in
effect on July 1, 1982, the taxable income of such
corporation determined in accordance with the
federal Subchapter S rules as in effect on July 1,
1982; and
(H) Partnerships. In the case of a
partnership, taxable income determined in accordance
with Section 703 of the Internal Revenue Code,
except that taxable income shall take into account
those items which are required by Section 703(a)(1)
to be separately stated but which would be taken
into account by an individual in calculating his
taxable income.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount
referred to in subsections (a) (2) (G), (c) (2) (I) and
(d)(2) (E) is an amount equal to:
(A) The sum of the pre-August 1, 1969
appreciation amounts (to the extent consisting of
gain reportable under the provisions of Section 1245
or 1250 of the Internal Revenue Code) for all
property in respect of which such gain was reported
for the taxable year; plus
(B) The lesser of (i) the sum of the
pre-August 1, 1969 appreciation amounts (to the
extent consisting of capital gain) for all property
in respect of which such gain was reported for
federal income tax purposes for the taxable year, or
(ii) the net capital gain for the taxable year,
reduced in either case by any amount of such gain
included in the amount determined under subsection
(a) (2) (F) or (c) (2) (H).
(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property
referred to in paragraph (1) was readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is the
lesser of (i) the excess of such fair market value
over the taxpayer's basis (for determining gain) for
such property on that date (determined under the
Internal Revenue Code as in effect on that date), or
(ii) the total gain realized and reportable for
federal income tax purposes in respect of the sale,
exchange or other disposition of such property.
(B) If the fair market value of property
referred to in paragraph (1) was not readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is that
amount which bears the same ratio to the total gain
reported in respect of the property for federal
income tax purposes for the taxable year, as the
number of full calendar months in that part of the
taxpayer's holding period for the property ending
July 31, 1969 bears to the number of full calendar
months in the taxpayer's entire holding period for
the property.
(C) The Department shall prescribe such
regulations as may be necessary to carry out the
purposes of this paragraph.
(g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
(h) Legislative intention. Except as expressly provided
by this Section there shall be no modifications or
limitations on the amounts of income, gain, loss or deduction
taken into account in determining gross income, adjusted
gross income or taxable income for federal income tax
purposes for the taxable year, or in the amount of such items
entering into the computation of base income and net income
under this Act for such taxable year, whether in respect of
property values as of August 1, 1969 or otherwise.
(Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
89-418, eff. 11-15-95; 89-460, eff. 5-24-96; 89-626, eff.
8-9-96; 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770,
eff. 8-14-98; revised 9-21-98.)
(35 ILCS 5/204) (from Ch. 120, par. 2-204)
Sec. 204. Standard Exemption.
(a) Allowance of exemption. In computing net income
under this Act, there shall be allowed as an exemption the
sum of the amounts determined under subsections (b), (c) and
(d), multiplied by a fraction the numerator of which is the
amount of the taxpayer's base income allocable to this State
for the taxable year and the denominator of which is the
taxpayer's total base income for the taxable year.
(b) Basic amount. For the purpose of subsection (a) of
this Section, except as provided by subsection (a) of Section
205 and in this subsection, each taxpayer shall be allowed a
basic amount of $1000, except that for individuals the basic
amount shall be:
(1) for taxable years ending on or after December
31, 1998 and prior to December 31, 1999, $1,300;
(2) for taxable years ending on or after December
31, 1999 and prior to December 31, 2000, $1,650;
(3) for taxable years ending on or after December
31, 2000, $2,000.
For taxable years ending on or after December 31, 1992, a
taxpayer whose Illinois base income exceeds the basic amount
and who is claimed as a dependent on another person's tax
return under the Internal Revenue Code of 1986 shall not be
allowed any basic amount under this subsection. The
provisions of Section 250 shall not apply to the amendments
made by this amendatory Act of 1998.
(c) Additional amount for individuals. In the case of an
individual taxpayer, there shall be allowed for the purpose
of subsection (a), in addition to the basic amount provided
by subsection (b), an additional exemption equal to the basic
amount for each exemption in excess of one allowable to such
individual taxpayer for the taxable year under Section 151 of
the Internal Revenue Code. The provisions of Section 250
shall not apply to the amendments made by this amendatory Act
of 1998.
(d) Additional exemptions for an individual taxpayer and
his or her spouse. In the case of an individual taxpayer and
his or her spouse, he or she shall each be allowed additional
exemptions as follows:
(1) Additional exemption for taxpayer or spouse 65
years of age or older.
(A) For taxpayer. An additional exemption of
$1,000 for the taxpayer if he or she has attained
the age of 65 before the end of the taxable year.
(B) For spouse when a joint return is not
filed. An additional exemption of $1,000 for the
spouse of the taxpayer if a joint return is not made
by the taxpayer and his spouse, and if the spouse
has attained the age of 65 before the end of such
taxable year, and, for the calendar year in which
the taxable year of the taxpayer begins, has no
gross income and is not the dependent of another
taxpayer.
(2) Additional exemption for blindness of taxpayer
or spouse.
(A) For taxpayer. An additional exemption of
$1,000 for the taxpayer if he or she is blind at the
end of the taxable year.
(B) For spouse when a joint return is not
filed. An additional exemption of $1,000 for the
spouse of the taxpayer if a separate return is made
by the taxpayer, and if the spouse is blind and, for
the calendar year in which the taxable year of the
taxpayer begins, has no gross income and is not the
dependent of another taxpayer. For purposes of this
paragraph, the determination of whether the spouse
is blind shall be made as of the end of the taxable
year of the taxpayer; except that if the spouse dies
during such taxable year such determination shall be
made as of the time of such death.
(C) Blindness defined. For purposes of this
subsection, an individual is blind only if his or
her central visual acuity does not exceed 20/200 in
the better eye with correcting lenses, or if his or
her visual acuity is greater than 20/200 but is
accompanied by a limitation in the fields of vision
such that the widest diameter of the visual fields
subtends an angle no greater than 20 degrees.
(e) Cross reference. See Article 3 for the manner of
determining base income allocable to this State.
(f) Application of Section 250. Section 250 does not
apply to the amendments to this Section made by Public Act
90-613.
(Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.)
(35 ILCS 5/509) (from Ch. 120, par. 5-509)
Sec. 509. Tax checkoff explanations. All individual
income tax return forms shall contain appropriate
explanations and spaces to enable the taxpayers to designate
contributions to the Child Abuse Prevention Fund, to the
Community Health Center Care Fund, to the Illinois Wildlife
Preservation Fund as required by the Illinois Non-Game
Wildlife Protection Act, to the Alzheimer's Disease Research
Fund as required by the Alzheimer's Disease Research Act, to
the Assistance to the Homeless Fund as required by this Act,
to the Heritage Preservation Fund as required by the Heritage
Preservation Act, to the Child Care Expansion Program Fund as
required by the Child Care Expansion Program Act, to the Ryan
White AIDS Victims Assistance Fund, to the Assistive
Technology for Persons with Disabilities Fund, to the
Domestic Violence Shelter and Service Fund, to the United
States Olympians Assistance Fund, to the Youth Drug Abuse
Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
to the Literacy Advancement Fund, to the Ryan White Pediatric
and Adult AIDS Fund, to the Illinois Special Olympics
Checkoff Fund, to the Breast and Cervical Cancer Research
Fund, to the Korean War Memorial Fund, to the Heart Disease
Treatment and Prevention Fund, to the Hemophilia Treatment
Fund, to the Mental Health Research Fund, to the Children's
Cancer Fund, to the American Diabetes Association Fund, to
the Women in Military Service Memorial Fund, and to the Meals
on Wheels Fund. Each form shall contain a statement that the
contributions will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly.
If, on October 1 of any year, the total contributions to
any one of the funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the
individual income tax return forms for the following and all
subsequent years and all subsequent contributions to the fund
shall be refunded to the taxpayer.
(Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
90-171, eff. 7-23-97; revised 10-31-98.)
Section 60. The Retailers' Occupation Tax Act is amended
by changing Section 2a as follows:
(35 ILCS 120/2a) (from Ch. 120, par. 441a)
Sec. 2a. It is unlawful for any person to engage in the
business of selling tangible personal property at retail in
this State without a certificate of registration from the
Department. Application for a certificate of registration
shall be made to the Department upon forms furnished by it.
Each such application shall be signed and verified and shall
state: (1) the name and social security number of the
applicant; (2) the address of his principal place of
business; (3) the address of the principal place of business
from which he engages in the business of selling tangible
personal property at retail in this State and the addresses
of all other places of business, if any (enumerating such
addresses, if any, in a separate list attached to and made a
part of the application), from which he engages in the
business of selling tangible personal property at retail in
this State;, and (4) the name and address of the person or
persons who will be responsible for filing returns and
payment of taxes due under this Act;, (5) in the case of a
corporation, the name, title, and social security number of
each corporate officer;, (6) in the case of a limited
liability company, the name, social security number, and FEIN
number of each manager and member;, and (7) such other
information as the Department may reasonably require. The
application shall contain an acceptance of responsibility
signed by the person or persons who will be responsible for
filing returns and payment of the taxes due under this Act.
If the applicant will sell tangible personal property at
retail through vending machines, his application to register
shall indicate the number of vending machines to be so
operated; and thereafter, he shall notify the Department by
January 31 of the number of vending machines which such
person was using in his business of selling tangible personal
property at retail on the preceding December 31.
The Department may deny a certificate of registration to
any applicant if the owner, any partner, any manager or
member of a limited liability company, or a corporate officer
of the applicant, is or has been the owner, a partner, a
manager or member of a limited liability company, or a
corporate officer, of another retailer that is in default for
moneys due under this Act.
Every applicant for a certificate of registration
hereunder shall, at the time of filing such application,
furnish a bond from a surety company authorized to do
business in the State of Illinois, or an irrevocable bank
letter of credit or a bond signed by 2 personal sureties who
have filed, with the Department, sworn statements disclosing
net assets equal to at least 3 times the amount of the bond
to be required of such applicant, or a bond secured by an
assignment of a bank account or certificate of deposit,
stocks or bonds, conditioned upon the applicant paying to the
State of Illinois all moneys becoming due under this Act and
under any other State tax law or municipal or county tax
ordinance or resolution under which the certificate of
registration that is issued to the applicant under this Act
will permit the applicant to engage in business without
registering separately under such other law, ordinance or
resolution. The Department shall fix the amount of such
security in each case, taking into consideration the amount
of money expected to become due from the applicant under this
Act and under any other State tax law or municipal or county
tax ordinance or resolution under which the certificate of
registration that is issued to the applicant under this Act
will permit the applicant to engage in business without
registering separately under such other law, ordinance or
resolution. The amount of security required by the Department
shall be such as, in its opinion, will protect the State of
Illinois against failure to pay the amount which may become
due from the applicant under this Act and under any other
State tax law or municipal or county tax ordinance or
resolution under which the certificate of registration that
is issued to the applicant under this Act will permit the
applicant to engage in business without registering
separately under such other law, ordinance or resolution, but
the amount of the security required by the Department shall
not exceed three times the amount of the applicant's average
monthly tax liability, or $50,000.00, whichever amount is
lower.
No certificate of registration under this Act shall be
issued by the Department until the applicant provides the
Department with satisfactory security as herein provided for.
Upon receipt of the application for certificate of
registration in proper form, and upon approval by the
Department of the security furnished by the applicant, the
Department shall issue to such applicant a certificate of
registration which shall permit the person to whom it is
issued to engage in the business of selling tangible personal
property at retail in this State. The certificate of
registration shall be conspicuously displayed at the place of
business which the person so registered states in his
application to be the principal place of business from which
he engages in the business of selling tangible personal
property at retail in this State.
No certificate of registration issued to a taxpayer who
files returns required by this Act on a monthly basis shall
be valid after the expiration of 5 years from the date of its
issuance or last renewal. The expiration date of a
sub-certificate of registration shall be that of the
certificate of registration to which the sub-certificate
relates. A certificate of registration shall automatically
be renewed, subject to revocation as provided by this Act,
for an additional 5 years from the date of its expiration
unless otherwise notified by the Department as provided by
this paragraph. Where a taxpayer to whom a certificate of
registration is issued under this Act is in default to the
State of Illinois for delinquent returns or for moneys due
under this Act or any other State tax law or municipal or
county ordinance administered or enforced by the Department,
the Department shall, not less than 120 days before the
expiration date of such certificate of registration, give
notice to the taxpayer to whom the certificate was issued of
the account period of the delinquent returns, the amount of
tax, penalty and interest due and owing from the taxpayer,
and that the certificate of registration shall not be
automatically renewed upon its expiration date unless the
taxpayer, on or before the date of expiration, has filed and
paid the delinquent returns or paid the defaulted amount in
full. A taxpayer to whom such a notice is issued shall be
deemed an applicant for renewal. The Department shall
promulgate regulations establishing procedures for taxpayers
who file returns on a monthly basis but desire and qualify to
change to a quarterly or yearly filing basis and will no
longer be subject to renewal under this Section, and for
taxpayers who file returns on a yearly or quarterly basis but
who desire or are required to change to a monthly filing
basis and will be subject to renewal under this Section.
The Department may in its discretion approve renewal by
an applicant who is in default if, at the time of application
for renewal, the applicant files all of the delinquent
returns or pays to the Department such percentage of the
defaulted amount as may be determined by the Department and
agrees in writing to waive all limitations upon the
Department for collection of the remaining defaulted amount
to the Department over a period not to exceed 5 years from
the date of renewal of the certificate; however, no renewal
application submitted by an applicant who is in default shall
be approved if the immediately preceding renewal by the
applicant was conditioned upon the installment payment
agreement described in this Section. The payment agreement
herein provided for shall be in addition to and not in lieu
of the security required by this Section of a taxpayer who is
no longer considered a prior continuous compliance taxpayer.
The execution of the payment agreement as provided in this
Act shall not toll the accrual of interest at the statutory
rate.
A certificate of registration issued under this Act more
than 5 years before the effective date of this amendatory Act
of 1989 shall expire and be subject to the renewal provisions
of this Section on the next anniversary of the date of
issuance of such certificate which occurs more than 6 months
after the effective date of this amendatory Act of 1989. A
certificate of registration issued less than 5 years before
the effective date of this amendatory Act of 1989 shall
expire and be subject to the renewal provisions of this
Section on the 5th anniversary of the issuance of the
certificate.
If the person so registered states that he operates other
places of business from which he engages in the business of
selling tangible personal property at retail in this State,
the Department shall furnish him with a sub-certificate of
registration for each such place of business, and the
applicant shall display the appropriate sub-certificate of
registration at each such place of business. All
sub-certificates of registration shall bear the same
registration number as that appearing upon the certificate of
registration to which such sub-certificates relate.
If the applicant will sell tangible personal property at
retail through vending machines, the Department shall furnish
him with a sub-certificate of registration for each such
vending machine, and the applicant shall display the
appropriate sub-certificate of registration on each such
vending machine by attaching the sub-certificate of
registration to a conspicuous part of such vending machine.
Where the same person engages in 2 or more businesses of
selling tangible personal property at retail in this State,
which businesses are substantially different in character or
engaged in under different trade names or engaged in under
other substantially dissimilar circumstances (so that it is
more practicable, from an accounting, auditing or bookkeeping
standpoint, for such businesses to be separately registered),
the Department may require or permit such person (subject to
the same requirements concerning the furnishing of security
as those that are provided for hereinbefore in this Section
as to each application for a certificate of registration) to
apply for and obtain a separate certificate of registration
for each such business or for any of such businesses, under a
single certificate of registration supplemented by related
sub-certificates of registration.
Any person who is registered under the "Retailers'
Occupation Tax Act" as of March 8, 1963, and who, during the
3-year period immediately prior to March 8, 1963, or during a
continuous 3-year period part of which passed immediately
before and the remainder of which passes immediately after
March 8, 1963, has been so registered continuously and who is
determined by the Department not to have been either
delinquent or deficient in the payment of tax liability
during that period under this Act or under any other State
tax law or municipal or county tax ordinance or resolution
under which the certificate of registration that is issued to
the registrant under this Act will permit the registrant to
engage in business without registering separately under such
other law, ordinance or resolution, shall be considered to be
a Prior Continuous Compliance taxpayer. Also any taxpayer who
has, as verified by the Department, faithfully and
continuously complied with the condition of his bond or other
security under the provisions of this Act for a period of 3
consecutive years shall be considered to be a Prior
Continuous Compliance taxpayer.
Every Prior Continuous Compliance taxpayer shall be
exempt from all requirements under this Act concerning the
furnishing of security as a condition precedent to his being
authorized to engage in the business of selling tangible
personal property at retail in this State. This exemption
shall continue for each such taxpayer until such time as he
may be determined by the Department to be delinquent in the
filing of any returns, or is determined by the Department
(either through the Department's issuance of a final
assessment which has become final under the Act, or by the
taxpayer's filing of a return which admits tax that is not
paid to be due) to be delinquent or deficient in the paying
of any tax under this Act or under any other State tax law or
municipal or county tax ordinance or resolution under which
the certificate of registration that is issued to the
registrant under this Act will permit the registrant to
engage in business without registering separately under such
other law, ordinance or resolution, at which time that
taxpayer shall become subject to all the financial
responsibility requirements of this Act and, as a condition
of being allowed to continue to engage in the business of
selling tangible personal property at retail, shall be
required to post bond or other acceptable security with the
Department covering liability which such taxpayer may
thereafter incur. Any taxpayer who fails to pay an admitted
or established liability under this Act may also be required
to post bond or other acceptable security with this
Department guaranteeing the payment of such admitted or
established liability.
No certificate of registration shall be issued to any
person who is in default to the State of Illinois for moneys
due under this Act or under any other State tax law or
municipal or county tax ordinance or resolution under which
the certificate of registration that is issued to the
applicant under this Act will permit the applicant to engage
in business without registering separately under such other
law, ordinance or resolution.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of such
decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and
place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Act and then issue its
final administrative decision in the matter to such person.
In the absence of such a protest within 20 days, the
Department's decision shall become final without any further
determination being made or notice given.
With respect to security other than bonds (upon which the
Department may sue in the event of a forfeiture), if the
taxpayer fails to pay, when due, any amount whose payment
such security guarantees, the Department shall, after such
liability is admitted by the taxpayer or established by the
Department through the issuance of a final assessment that
has become final under the law, convert the security which
that taxpayer has furnished into money for the State, after
first giving the taxpayer at least 10 days' written notice,
by registered or certified mail, to pay the liability or
forfeit such security to the Department. If the security
consists of stocks or bonds or other securities which are
listed on a public exchange, the Department shall sell such
securities through such public exchange. If the security
consists of an irrevocable bank letter of credit, the
Department shall convert the security in the manner provided
for in the Uniform Commercial Code. If the security consists
of a bank certificate of deposit, the Department shall
convert the security into money by demanding and collecting
the amount of such bank certificate of deposit from the bank
which issued such certificate. If the security consists of a
type of stocks or other securities which are not listed on a
public exchange, the Department shall sell such security to
the highest and best bidder after giving at least 10 days'
notice of the date, time and place of the intended sale by
publication in the "State Official Newspaper". If the
Department realizes more than the amount of such liability
from the security, plus the expenses incurred by the
Department in converting the security into money, the
Department shall pay such excess to the taxpayer who
furnished such security, and the balance shall be paid into
the State Treasury.
The Department shall discharge any surety and shall
release and return any security deposited, assigned, pledged
or otherwise provided to it by a taxpayer under this Section
within 30 days after:
(1) such taxpayer becomes a Prior Continuous
Compliance taxpayer; or
(2) such taxpayer has ceased to collect receipts on
which he is required to remit tax to the Department, has
filed a final tax return, and has paid to the Department
an amount sufficient to discharge his remaining tax
liability, as determined by the Department, under this
Act and under every other State tax law or municipal or
county tax ordinance or resolution under which the
certificate of registration issued under this Act permits
the registrant to engage in business without registering
separately under such other law, ordinance or resolution.
The Department shall make a final determination of the
taxpayer's outstanding tax liability as expeditiously as
possible after his final tax return has been filed; if
the Department cannot make such final determination
within 45 days after receiving the final tax return,
within such period it shall so notify the taxpayer,
stating its reasons therefor.
(Source: P.A. 89-399, eff. 8-20-95; 90-491, eff. 1-1-98;
revised 10-31-98.)
Section 61. The Property Tax Code is amended by changing
Sections 8-5, 9-165, 10-55, 10-115, 10-167, 16-150, 18-55,
18-185, 18-246, 19-5, 19-40, 20-50, 20-155, 21-35, 21-195,
21-310, 22-5, 22-10, 22-65, 22-80, 22-90, and 23-35 as
follows:
(35 ILCS 200/8-5)
Sec. 8-5. General duties. The Department shall:
(1) Direct and supervise the assessment of all property
so that all assessments are made relatively just and equal.;
(2) Confer with, advise and assist local assessment
officers relative to the performance of their duties.;
(3) Prescribe for assessment officers general rules,
relative to the assessment of property, which rules shall be
binding upon all assessment officers until reversed, annulled
or modified by a court of competent jurisdiction.;
(4) Prescribe or approve forms for returns, reports,
complaints, notices and other documents, and the contents of
required files and records authorized or required by law or
by rule and regulation of the Department. All assessing
officers shall use true copies of such forms or reasonable
electronic facsimiles of them.;
(5) Assess all property owned by or used by railroad
companies operating within this State, except non-carrier
real estate.;
(6) Equalize the assessment of property among the
different counties of the State and fix the aggregate amount
of the assessment for each county upon which taxes shall be
extended in each year; and publish a statement of the methods
and procedures used in making such equalization.;
(7) Keep a correct record of its acts relative to the
assessment of property and the equalization of assessments.
The record shall be available for public inspection and
copies shall be distributed to any person upon request and
payment of the cost of reproduction.
(8) Grant or deny non-homestead exemptions under
Sections 16-70 and 16-130.
(Source: P.A. 83-121; 88-455; revised 10-31-98.)
(35 ILCS 200/9-165)
Sec. 9-165. Definitions. As used in Section 9-170:
"Municipality" means a city, village or incorporated
town.;
"Governing body" means (a) the corporate authorities of a
municipality with respect to territory within its corporate
limits and (b) the county board with respect to territory in
the county not within the corporate limits of any
municipality.
"Certificate of occupancy" means the certificate or
permit, by whatever name denominated, which a municipality or
county, under its authority to regulate the construction of
buildings, issues as evidence that all applicable
requirements have been complied with and requires before any
new, reconstructed or remodeled building may be lawfully
occupied.
(Source: P.A. 78-376; 88-455; revised 10-31-98.)
(35 ILCS 200/10-55)
Sec. 10-55. Application process and application period.
(a) The Director shall receive applications for
certificates of rehabilitation in a form and manner provided
by him or her by rule. The rules shall provide that an
applicant may request preliminary approval of rehabilitation
before the rehabilitation period begins.
(b) The Director shall approve an application for a
certificate of rehabilitation when he or she finds that the
restoration, preservation or rehabilitation:
(1) involves an historic building;
(2) has a cost, including architectural fees, equal
to or greater than 25% of the base year valuation;
(3) is for a building for which no certificate of
rehabilitation has been approved within 4 years after the
last year of the adjustment valuation period;
(4) was or will be done in accordance with the
standards for rehabilitation; and
(5) was or will be a substantial rehabilitation.
(c) The Director shall determine the length of the
rehabilitation period, which shall not exceed 2 years unless
the Director finds:
(1) it is economically unfeasible to complete the
rehabilitation in that period; or
(2) the magnitude of the project is such that a
good faith attempt to complete the rehabilitation in that
period would not succeed.
(d) Upon approval of the application, the Director shall
issue a certificate of rehabilitation to the applicant and
transmit a copy to the assessment officer. The certificate
shall identify the rehabilitation period.
(e) If during the 8-year valuation period and the
adjustment valuation period, the Director determines, in
accordance with the Illinois Administrative Procedure
Procedures Act, that an historic building for which a
certificate of rehabilitation has been issued has not been
the subject of repair, renovation, remodeling or improvement
in accordance with the standards for rehabilitation, he or
she shall revoke the certificate of rehabilitation by written
notice to the taxpayer of record and transmit a copy of the
revocation to the assessment officer.
The provisions in Section 10-40 through 10-85 apply to
certified rehabilitation projects for which an application
for a certificate of rehabilitation has been filed with the
Director within 2 years of the rehabilitation period.
(Source: P.A. 86-1481; 87-818; 88-455; revised 10-31-98.)
(35 ILCS 200/10-115)
Sec. 10-115. Department guidelines and valuations for
farmland. The Department shall issue guidelines and
recommendations for the valuation of farmland to achieve
equitable assessment within and between counties.
The Director of Revenue shall appoint a five-person
Farmland Assessment Technical Advisory Board, consisting of
technical experts from the colleges or schools of agriculture
of the State universities and State and federal agricultural
agencies, to advise in and provide data and technical
information needed for implementation of this Section.
By May 1 of each year, the Department shall certify to
each chief county assessment officer the following,
calculated from data provided by the Farmland Technical
Advisory Board, on a per acre basis by soil productivity
index for harvested cropland, using moving averages for the
most recent 5-year period for which data are available:
(a) gross income, estimated by using yields per
acre as assigned to soil productivity indices, the crop
mix for each soil productivity index as determined by the
College of Agriculture of the University of Illinois and
average prices received by farmers for principal crops as
published by the Illinois Crop Reporting Service;
(b) production costs, other than land costs,
provided by the College of Agriculture of the University
of Illinois;
(c) net return to land, which shall be the
difference between (a) and (b) above;
(d) a proposed agricultural economic value
determined by dividing the net return to land by the
moving average of the Federal Land Bank farmland mortgage
interest rate as calculated by the Department;
(e) the equalized assessed value per acre of
farmland for each soil productivity index, which shall be
33-1/3% of the agricultural economic value, or the
percentage as provided under Section 17-5; but any
increase or decrease in the equalized assessed value per
acre by soil productivity index shall not exceed 10% from
the immediate preceding year's soil productivity index
certified assessed value;
(f) a proposed average equalized assessed value per
acre of cropland for each individual county, weighted by
the distribution of soils by productivity index in the
county; and
(g) a proposed average equalized assessed value per
acre for all farmland in each county, weighted (i) to
consider the proportions of all farmland acres in the
county which are cropland, permanent pasture, and other
farmland, and (ii) to reflect the valuations for those
types of land and debasements for slope and erosion as
required by Section 10-125.
(Source: P.A. 86-954; 88-455; revised 10-31-98.)
(35 ILCS 200/10-167)
Sec. 10-167. Definition of public benefit;
certification.
(a) A conservation right on land shall be considered to
provide a demonstrated public benefit if the Department of
Natural Resources certifies that it protects in perpetuity at
least one of the following:
(1) Land providing a regular opportunity for public
access to outdoor recreation or outdoor education.
(2) Land preserving habitat for State or federal
endangered or threatened species or federal candidate
species as defined in the Federal Code of Federal or
Regulations (50 CFR 424.02).
(3) Land identified in the Illinois Natural Areas
Inventory.
(4) Land determined to be eligible for registration
under Section 16 of the Illinois Natural Areas
Preservation Act.
(5) Land contributing to the ecological viability
of a park, conservation area, nature preserve, or other
high quality native terrestrial or aquatic area that is
publicly owned or otherwise protected.
(6) Land included in, or consistent with a federal,
State, regional, or local government policy or plan for
the conservation of wildlife habitat or open space, for
the restoration or protection of lakes and streams, or
for the protection of scenic areas.
(b) The person liable for taxes on the land shall submit
an application to the Department of Natural Resources
requesting certification that the land meets one of the
criteria established in subsection (a). The application
shall be in a form furnished by the Department of Natural
Resources. Within 30 days of receipt of a complete and
correct application for certification, the Department of
Natural Resources shall determine whether the land encumbered
by a conservation right provides a demonstrated public
benefit and shall inform the applicant in writing of the
decision.
(Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96;
revised 3-12-98.)
(35 ILCS 200/16-150)
Sec. 16-150. Certification of assessment books. In
counties with 3,000,000 or more inhabitants, the board of
appeals (until the first Monday in December 1998 and the
board of review beginning the first Monday in December 1998
and thereafter) shall, on or before the annual date for final
adjournment as fixed by this Section, complete its work, and
order the county assessor to make those entries in the
assessment books and lists as may be required to make the
assessments conform with the changes directed to be made
therein by the board. The county assessor and a majority of
the members of the board shall attach to each of the
assessment books in the possession of the county assessor and
the county clerk an affidavit signed by the county assessor
and a majority of the members of the board, which affidavit
shall be in substantially the following form:
State of Illinois)
) ss.
County of .......)
We, and each of us, as county assessor and as members of
the (board of appeals or board of review) of the County of
...., in the State of Illinois, do solemnly swear that the
books .... in number .... to which this affidavit is
attached, contain a full and complete list of all the
property in this county subject to taxation for the year
(insert year) 19.. so far as we have been able to ascertain
them, and that the assessed value set down in the proper
column opposite the several kinds and descriptions of
property, is, in our opinion, a just and equal assessment of
the property for the purposes of taxation according to law,
and that the footings of the several columns in these books
are correct to the best of our knowledge and belief.
The final date of adjournment of the board shall be 60
days after the date of the last delivery to it of the
assessment books for any township or taxing district.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff.
8-14-96; revised 10-20-98.)
(35 ILCS 200/18-55)
Sec. 18-55. Short title and definitions. This Division
2 Section and Sections 18-60 through 18-95 may be cited as
the Truth in Taxation Law. As used in this Division 2
Sections 18-60 through 18-95:
(a) "Taxing district" has the meaning specified in
Section 1-150 and includes home rule units.;
(b) "Aggregate levy" means the annual corporate levy of
the taxing district and those special purpose levies which
are made annually (other than debt service levies and levies
made for the purpose of paying amounts due under public
building commission leases).;
(c) "Special purpose levies" include, but are not
limited to, levies made on an annual basis for contributions
to pension plans, unemployment and worker's compensation, or
self-insurance.;
(d) "Debt service" means levies made by any taxing
district pursuant to home rule authority, statute,
referendum, ordinance, resolution, indenture, agreement, or
contract to retire the principal or pay interest on bonds,
notes, debentures or other financial instruments which
evidence indebtedness.
(Source: P.A. 86-957; 86-1475; 88-455; revised 10-28-98.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5
Section and Sections 18-190 through 18-245 may be cited as
the Property Tax Extension Limitation Law. As used in this
Division 5 Sections 18-190 through 18-245:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the
rate of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000
or more inhabitants.
"Taxing district" has the same meaning provided in
Section 1-150, except as otherwise provided in this Section.
For the 1991 through 1994 levy years only, "taxing district"
includes only each non-home rule taxing district having the
majority of its 1990 equalized assessed value within any
county or counties contiguous to a county with 3,000,000 or
more inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before
the 1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties. Beginning
with the levy year in which this Law becomes applicable to a
taxing district as provided in Section 18-213, "taxing
district" also includes those taxing districts made subject
to this Law as provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any
taxing district to pay interest or principal on revenue bonds
issued before October 1, 1991 for payment of which a property
tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for
the building project; (g) made for payments due under
installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds
issued under the Metropolitan Water Reclamation District Act
to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on
limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b),
(c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (k) made by a school district that
participates in the Special Education District of Lake
County, created by special education joint agreement under
Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under
this item (k) shall be certified by the school district to
the county clerk.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except
taxing districts subject to this Law in accordance with
Section 18-213) means the annual corporate extension for the
taxing district and those special purpose extensions that are
made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds issued
before March 1, 1995; (c) made for any taxing district to pay
interest or principal on bonds issued to refund or continue
to refund those bonds issued before March 1, 1995; (d) made
for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after
March 1, 1995 that were approved by referendum; (e) made for
any taxing district to pay interest or principal on revenue
bonds issued before March 1, 1995 for payment of which a
property tax levy or the full faith and credit of the unit of
local government is pledged; however, a tax for the payment
of interest or principal on those bonds shall be made only
after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 1,
1995 to pay for the building project; (g) made for payments
due under installment contracts entered into before March 1,
1995; (h) made for payments of principal and interest on
bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated
before October 1, 1991; (i) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum and bonds described in subsection (h) of this
definition; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made for payments of principal and interest
on bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium or
museum projects; and (l) made for payments of principal and
interest on bonds authorized by Public Act 87-1191 and issued
under Section 42 of the Cook County Forest Preserve District
Act for zoological park projects.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except
for those taxing districts subject to paragraph (2) of
subsection (e) of Section 18-213, means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before the date on which the referendum
making this Law applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund bonds issued
after the date on which the referendum making this Law
applicable to the taxing district is held if the bonds were
approved by referendum after the date on which the referendum
making this Law applicable to the taxing district is held;
(e) made for any taxing district to pay interest or principal
on revenue bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held for payment of which a property tax levy or the full
faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the
commission before the date on which the referendum making
this Law applicable to the taxing district is held to pay for
the building project; (g) made for payments due under
installment contracts entered into before the date on which
the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the effective date of this
amendatory Act of 1997; (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the effective
date of this amendatory Act of 1997; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after the effective
date of this amendatory Act of 1997 if the bonds were
approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before the
effective date of this amendatory Act of 1997 to pay for the
building project; (g) made for payments due under installment
contracts entered into before the effective date of this
amendatory Act of 1997; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those
taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18-213 for the
1996 levy year, constituting an extension for payment of
principal and interest on bonds issued by the taxing district
without referendum, but not including (i) bonds authorized by
Public Act 88-503 and issued under Section 20a of the Chicago
Park District Act for aquarium and museum projects; (ii)
bonds issued under Section 15 of the Local Government Debt
Reform Act; or (iii) refunding obligations issued to refund
or to continue to refund obligations initially issued
pursuant to referendum. The debt service extension base may
be established or increased as provided under Section 18-212.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or
not. The extension for a special service area is not
included in the aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not
exempt from real estate taxation, which real property was
exempt from real estate taxation for any portion of the
immediately preceding levy year, multiplied by the
equalization factor issued by the Department under Section
17-30. In addition, the county clerk in a county containing
a population of 3,000,000 or more shall include in the 1997
recovered tax increment value for any school district, any
recovered tax increment value that was applicable to the 1995
tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means the amount of the
current year's equalized assessed value, in the first year
after a municipality terminates the designation of an area as
a redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or
previously established under the Economic Development Area
Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the redevelopment project area.
For the taxes which are extended for the 1997 levy year, the
recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be
increased if a municipality terminated the designation of an
area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Development
Act in the Illinois Municipal Code, previously established
under the Industrial Jobs Recovery Law in the Illinois
Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount
equal to the 1994 equalized assessed value of each taxable
lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the
redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under
the jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their
aggregate extension for the last preceding levy year, the
highest aggregate extension in any of the last 3 preceding
levy years shall be used for the purpose of computing the
limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered
tax increment value.
(Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
90-616, eff. 7-10-98; 90-655, eff. 7-30-98; revised
10-28-98.)
(35 ILCS 200/18-246)
Sec. 18-246. Short title; definitions. This Division
5.1 Section and Sections 18-247 through 18-249.5 may be cited
as the One-year Property Tax Extension Limitation Law.
As used in this Division 5.1 Sections 18-246 through
18-249.5:
"Taxing district" has the same meaning provided in
Section 1-150, except that it includes only each non-home
rule taxing district with the majority of its 1993 equalized
assessed value contained in one or more affected counties, as
defined in Section 18-185, other than those taxing districts
subject to the Property Tax Extension Limitation Law before
the effective date of this amendatory Act of 1995.
"Aggregate extension" means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before March 1, 1995; (c) made for
any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued
before March 1, 1995; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue
to refund bonds issued after March 1, 1995 that were approved
by referendum; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before March 1,
1995 for payment of which a property tax levy or the full
faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the
commission before March 1, 1995, to pay for the building
project; (g) made for payments due under installment
contracts entered into before March 1, 1995; and (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance
construction projects initiated before October 1, 1991.
"Special purpose extensions" includes, but is not limited
to, extensions for levies made on an annual basis for
unemployment compensation, workers' compensation,
self-insurance, contributions to pension plans, and
extensions made under Section 6-601 of the Illinois Highway
Code for a road district's permanent road fund, whether
levied annually or not. The extension for a special service
area is not included in the aggregate extension.
"Aggregate extension base" means the taxing district's
aggregate extension for the 1993 levy year as adjusted under
Section 18-248.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not
exempt from real estate taxation, which real property was
exempt from real estate taxation for any portion of the
immediately preceding levy year, multiplied by the
equalization factor issued by the Department under Section
17-30.
"Recovered tax increment value" means the amount of the
1994 equalized assessed value, in the first year after a city
terminates the designation of an area as a redevelopment
project area previously established under the Tax Increment
Allocation Development Act of the Illinois Municipal Code or
previously established under the Industrial Jobs Recovery Law
of the Illinois Municipal Code, or previously established
under the Economic Development Area Tax Increment Allocation
Act, of each taxable lot, block, tract, or parcel of real
property in the redevelopment project area over and above the
initial equalized assessed value of each property in the
redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the
aggregate extension base times 1.05 and the denominator of
which is the 1994 equalized assessed value of all real
property in the territory under the jurisdiction of the
taxing district during the 1993 levy year. The denominator
shall not include new property and shall not include the
recovered tax increment value.
(Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
89-436, eff. 1-1-96; revised 10-28-98.)
(35 ILCS 200/19-5)
Sec. 19-5. Township collector's bond and oath. Each
township collector, before entering upon the duties of
office, shall execute a bond, with surety or sureties to be
approved by the supervisor and the township clerk. The bond
shall be given for a sum equal to 160% of the largest amount
of taxes collected by that officer or predecessor in office
in any one year during the preceding 5 years if individuals
act as sureties, or equal to 110% of such largest amount if
the security is given by a surety company authorized to do
business in this state, estimated by the supervisor and
township clerk, that will be in his or her custody or
control at any one time. Signatures to such bond, signed with
a mark, shall be witnessed, but in no other case shall
witness be required. The bond shall be substantially in the
following form:
We A. B. of the .... of .... in the County of .... in the
State of Illinois, as township collector, and C. D. and E. F.
of that county and State, as securities, are obligated to the
People of the State of Illinois, in the penal sum of $....
for the payment of which, we obligate ourselves, our heirs,
executors and administrators, successors and assigns. Signed
on (insert date). this .... day of .... 19...
The condition of the foregoing bond is such, that if the
above obligated A. B. performs all the duties required to be
performed as collector of the taxes for the year (insert
year) 19.., in the township of .... in the county of ....,
Illinois, in the time and manner prescribed by law, and when
he or she shall be succeeded in office, shall surrender and
deliver over to his or her successor in office all books,
papers and moneys pertaining to the office, except as
hereinafter provided, then the foregoing bond to be void;
otherwise to remain in full force.
It is expressly understood and intended that the
obligation of the above named sureties shall not extend to
any loss sustained by the insolvency, failure or closing of
any bank or trust company organized and operating either
under the laws of the State of Illinois or the United States
wherein the collector has placed the funds in his or her
custody or control, or any part thereof.
A. B. ....(Signature)
C. D. ....(Signature)
E. F. ....(Signature)
He or she shall also take and subscribe an oath, to be
endorsed on the back of the bond, substantially as follows:
I do solemnly swear that I will support the constitution
of the United States, and the constitution of the State of
Illinois, and that I will faithfully discharge the duties of
the office of township collector, according to the best of my
ability.
(Source: P.A. 84-551; 88-455; revised 10-20-98.)
(35 ILCS 200/19-40)
Sec. 19-40. County collector's bond and oath. Each
county collector as soon as elected and qualified and before
entering upon the duties of office as collector, in addition
to the bond as treasurer, shall furnish a bond in such
penalty and with such security as the county board considers
sufficient. In counties with 3,000,000 or more inhabitants,
the bond shall be in a penal sum of not less than
$1,500,000. The signatures to the bond, signed by a mark,
shall be witnessed, but in no other case shall witness be
required. The bond shall be substantially in the following
form:
Know All Men by These Presents, that we, A. B. collector,
and C. D. and E. F. securities, all of the county of .... and
State of Illinois, are held and firmly bound unto the People
of the State of Illinois, in the penal sum of .... dollars,
for the payment of which, well and truly to be made, we bind
ourselves, each of us, our heirs, executors and
administrators, successors and assigns, firmly by these
presents.
Signed and sealed on (insert date). this .... day of ....
19...
The condition of the foregoing bond is such that if the
above bound A.B. performs all the duties required to be
performed as collector of the taxes in the county of ...., in
the State of Illinois, in the time and manner prescribed by
law, and when succeeded in office, shall surrender and
deliver to his or her successor in office, all books, papers
and moneys appertaining to the office, except as hereinafter
provided, then the foregoing bond to be void; otherwise to
remain in full force.
It is expressly understood and intended that the
obligation of the above named sureties shall not extend to
any loss sustained by the insolvency, failure or closing of
any bank or trust company organized and operating either
under the laws of the State of Illinois, or the United States
wherein the collector has placed the funds in his or her
custody or control, or any part thereof.
A. B. ....(SEAL)
C. D. ....(SEAL)
E. F. ....(SEAL)
He or she shall also take and subscribe an oath, to be
endorsed on the back of the bond substantially as follows:
I do solemnly swear that I will support the Constitution
of the State of Illinois, and that I will faithfully
discharge the duties of the office of county collector
according to the best of my ability.
(Source: P.A. 76-2254; 88-455; revised 10-20-98.)
(35 ILCS 200/20-50)
Sec. 20-50. Payment to taxing districts by township
collectors. Township collectors; intermediate settlements.
(a) Township collectors shall, every 30 days, when
required to do so by the proper authorities of incorporated
towns, cities, villages, and road and school districts for
which any tax is collected, render to those authorities a
statement of the amount of each kind of tax collected for the
entity and the amount paid under protest. At the same time,
subject to Sections 3.1-35-60 through 3.1-35-80 of the
Illinois Municipal Code, the collectors shall pay over to the
authorities the amount of all taxes shown to be collected,
other than those paid under protest. The payments shall be
made as directed in the warrant attached to the collector's
books.
(b) Township collectors shall, every 30 days, render a
similar account of county taxes, to the county collector, and
at the same time, the collectors shall pay over the amount
collected to the county collector.
(c) Each township collector shall make final settlement
for all taxes charged in the tax books at or before the time
fixed in Section 20-55. In making the settlements, the
collectors shall be entitled to credit for the amount
uncollected on the tax books as determined by the settlement
with the county collector.
(d) The officer to whom any moneys are paid under this
Section shall deliver to the collector duplicate receipts for
those payments.
(Source: P.A. 87-1119; 88-455; revised 10-31-98.)
(35 ILCS 200/20-155)
Sec. 20-155. Failure to report and pay; suit on
collector's bond. If any county collector fails to make the
reports and payments required by this Code, for 5 days after
the time specified for that purpose, or after demand made
under Section 20-150, suit may be brought on the collector's
bond. Taxing districts or persons aggrieved, may prosecute
suit against any collector or other officer collecting or
receiving funds for their use, by suit upon the bond, in the
name of the People of the State of Illinois, for their use,
in the circuit court.
(Source: P.A. 78-592; 88-455; revised 10-31-98.)
(35 ILCS 200/21-35)
Sec. 21-35. Estimated billing in overlapping districts.
In counties with less than 3,000,000 inhabitants, when the
certified assessed valuations for that portion of overlapping
taxing districts lying in another county for the preceding
year have not been received by the county clerk by March 1,,
the county board, upon petition of the county clerk, may by
resolution or ordinance adopted on or prior to April 1 of
that year, adopt the estimated property tax billing system
provided for in this Section for taxes for the preceding
year. The resolution or ordinance shall be effective only
for the year in which it is adopted.
When authorized by the county board to use the estimated
property tax billing system, the county clerk shall estimate
the assessed valuations for the other counties in the
overlapping taxing districts from which certified assessed
valuations for the preceding year have not been received by
March 1. The estimated assessed valuations shall, for
purposes of computing the first installment tax billing in
the current year, be treated in the same manner as certified
assessed valuations. Where estimated assessed valuations are
used, the first installment billing shall be prepared and
mailed on or before May 1.
The county clerk shall make adjustments in the
assessments, based on the actual certified assessed
valuations later received from the other counties, and such
adjustments shall be included in the tax billings for the
second installment. A county using the estimated billing
system shall complete and mail the adjusted second
installment tax billing on or before August 1.
(Source: P.A. 80-583; 88-455; revised 3-12-98.)
(35 ILCS 200/21-195)
Sec. 21-195. Examination of record; certificate of
correctness. On the day advertised for sale, the county
clerk, assisted by the collector, shall examine the list upon
which judgment has been entered and ascertain that all
payments have been properly noted thereon. The county clerk
shall make a certificate to be entered on the record,
following the order of court that the record is correct, and
that judgment was entered upon the property therein mentioned
for the taxes, interest and costs due thereon. The
certificate shall be attested by the circuit court clerk
under seal of the court and shall be the process on which the
property or any interest therein shall be sold for taxes,
special assessments, interest and costs due thereon, and may
be substantially in the following form:
State of Illinois County of .....
I, ...., clerk of the circuit court, in and for the
county of ...., do hereby certify that the foregoing is a
true and correct record of the delinquent property in the
county, against which judgment and order of sale was duly
entered in the circuit court for the county, on (insert
date), the .... day of ...., 19.., for the amount of the
taxes, special assessments, interest and costs due severally
thereon as therein set forth, and that the judgment and order
of court in relation thereto fully appears on the record.
Dated (insert date). .....
(Source: P.A. 83-343; 88-455; revised 10-20-98.)
(35 ILCS 200/21-310)
Sec. 21-310. Sales in error.
(a) When, upon application of the county collector, tax
purchaser, or a municipality which owns or has owned the
property ordered sold, it appears to the satisfaction of the
court which ordered the property sold that any of the
following subsections are applicable, the court shall declare
the sale to be a sale in error:
(1) the property was not subject to taxation,
(2) the taxes or special assessments had been paid
prior to the sale of the property,
(3) there is a double assessment,
(4) the description is void for uncertainty,
(5) the assessor, chief county assessment officer,
board of review, or board of appeals has made an error
(other than an error of judgment as to the value of any
property), or
(6) prior to the tax sale a voluntary or
involuntary petition has been filed by or against the
legal or beneficial owner of the property requesting
relief under the provisions of 11 U.S.C. Chapter 7, 11,
12, or 13.
(b) When, upon application of the tax purchaser or his
or her assignee only, it appears to the satisfaction of the
court which ordered the property sold that any of the
following subsections are applicable, the court shall declare
a sale in error:
(1) A voluntary or involuntary petition under the
provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
filed subsequent to the tax sale and prior to the
issuance of the tax deed.
(2) The improvements upon the property sold have
been substantially destroyed or rendered uninhabitable or
otherwise unfit for occupancy subsequent to the tax sale
and prior to the issuance of the tax deed.
(3) There is an interest held by the United States
in the property sold which could not be extinguished by
the tax deed.
(4) The real property contains a hazardous
substance, hazardous waste, or underground storage tank
that would require cleanup or other removal under any
federal, State, or local law, ordinance, or regulation,
only if the tax purchaser purchased the property without
actual knowledge of the hazardous substance, hazardous
waste, or underground storage tank. This paragraph (4)
applies only to tax purchases occurring after January 1,
1990 and if the tax purchaser or his or her assignee has
made application for a sale in error at any time before
the issuance of a tax deed.
If a sale is declared to be a sale in error, the county
clerk shall make entry in the tax judgment, sale, redemption
and forfeiture record, that the property was erroneously
sold, and the county collector shall, on demand of the owner
of the certificate of purchase, refund the amount paid, pay
any interest and costs as may be ordered under Sections
21-315 through 21-335, and cancel the certificate so far as
it relates to the property. The county collector shall deduct
from the accounts of the appropriate taxing bodies their pro
rata amounts paid.
(Source: P.A. 88-455; 88-676, eff. 12-14-94; revised
10-31-98.)
(35 ILCS 200/22-5)
Sec. 22-5. Notice of sale and redemption rights. In
order to be entitled to a tax deed, within 4 months and 15
days after any sale held under this Code, the purchaser or
his or her assignee shall deliver to the county clerk a
notice to be given to the party in whose name the taxes are
last assessed as shown by the most recent tax collector's
warrant books, in at least 10 point type in the following
form completely filled in:
TAKE NOTICE
County of ...............................................
Date Premises Sold ......................................
Certificate No. .........................................
Sold for General Taxes of (year) ........................
Sold for Special Assessment of (Municipality)
and special assessment number ...........................
Warrant No. ............... Inst. No. .................
THIS PROPERTY HAS BEEN SOLD FOR
DELINQUENT TAXES
Property located at .........................................
Legal Description or Permanent Index No. ....................
.............................................................
.............................................................
This notice is to advise you that the above property has
been sold for delinquent taxes and that the period of
redemption from the sale will expire on .....................
This notice is also to advise you that a petition will be
filed for a tax deed which will transfer title and the right
to possession of this property if redemption is not made on
or before ...................................................
At the date of this notice the total amount which you
must pay in order to redeem the above property is ...........
YOU ARE URGED TO REDEEM IMMEDIATELY TO
PREVENT LOSS OF PROPERTY
Redemption can be made at any time on or before .... by
applying to the County Clerk of ...., County, Illinois at the
County Court House in ...., Illinois.
The above amount is subject to increase at 6 month
intervals from the date of sale. Check with the county clerk
as to the exact amount you owe before redeeming. Payment
must be made by certified check, cashier's check, money
order, or in cash.
For further information contact the County Clerk.
...............................
Purchaser or Assignee
Dated (insert date). this .... day of .... ... 19....
Within 10 days after receipt of said notice, the county
clerk shall mail to the addresses supplied by the purchaser
or assignee, by registered or certified mail, copies of said
notice to the party in whose name the taxes are last assessed
as shown by the most recent tax collector's warrant books.
The purchaser or assignee shall pay to the clerk postage plus
the sum of $10. The clerk shall write or stamp the date of
receiving the notices upon the copies of the notices, and
retain one copy.
(Source: P.A. 88-455; 89-538, eff. 1-1-97; revised 10-20-98.)
(35 ILCS 200/22-10)
Sec. 22-10. Notice of expiration of period of
redemption. A purchaser or assignee shall not be entitled to
a tax deed to the property sold unless, not less than 3
months nor more than 5 months prior to the expiration of the
period of redemption, he or she gives notice of the sale and
the date of expiration of the period of redemption to the
owners, occupants and parties interested in the property as
provided below.
The Notice to be given to the parties shall be in at
least 10 point type in the following form completely filled
in:
TAX DEED NO. .................... FILED ....................
TAKE NOTICE
County of ...............................................
Date Premises Sold ......................................
Certificate No. ........................................
Sold for General Taxes of (year) ........................
Sold for Special Assessment of (Municipality)
and special assessment number ...........................
Warrant No. ................ Inst. No. .................
THIS PROPERTY HAS BEEN SOLD FOR
DELINQUENT TAXES
Property located at .........................................
Legal Description or Property Index No. .....................
.............................................................
.............................................................
This notice is to advise you that the above property has
been sold for delinquent taxes and that the period of
redemption from the sale will expire on .....................
.............................................................
The amount to redeem is subject to increase at 6 month
intervals from the date of sale and may be further increased
if the purchaser at the tax sale or his or her assignee pays
any subsequently accruing taxes or special assessments to
redeem the property from subsequent forfeitures or tax sales.
Check with the county clerk as to the exact amount you owe
before redeeming.
This notice is also to advise you that a petition has
been filed for a tax deed which will transfer title and the
right to possession of this property if redemption is not
made on or before ...........................................
This matter is set for hearing in the Circuit Court of
this county in ...., Illinois on .....
You may be present at this hearing but your right to
redeem will already have expired at that time.
YOU ARE URGED TO REDEEM IMMEDIATELY
TO PREVENT LOSS OF PROPERTY
Redemption can be made at any time on or before .... by
applying to the County Clerk of ...., County, Illinois at the
County Court House in ...., Illinois.
For further information contact the County Clerk.
..........................
Purchaser or Assignee.
In counties with 3,000,000 or more inhabitants, the
notice shall also state the address, room number and time at
which the matter is set for hearing.
This amendatory Act of 1996 applies only to matters in
which a petition for tax deed is filed on or after the
effective date of this amendatory Act of 1996.
(Source: P.A. 88-455; 89-686, eff. 6-1-97; revised 10-31-98.)
(35 ILCS 200/22-65)
Sec. 22-65. Form of deed. A tax deed executed by the
county clerk under the official seal of the county shall be
recorded in the same manner as other conveyances of property,
and vests in the grantee, his or her heirs and assigns, the
title of the property therein described without further
acknowledgment or evidence of the conveyance. The conveyance
shall be substantially in the following form:
State of Illinois)
) ss.
County of .......)
At a public sale of property for the nonpayment of taxes,
held in the county above stated, on (insert date), 19.., the
following described property was sold: (here place
description of property conveyed). The property not having
been redeemed from the sale, and it appearing that the holder
of the certificate of purchase of the property has complied
with the laws of the State of Illinois necessary to entitle
(insert him, her or them) to a deed of the property: I ....,
county clerk of the county of ...., in consideration of the
property and by virtue of the statutes of the State of
Illinois in such cases provided, grant and convey to ....,
his or her heirs and assigns forever, the property described
above.
Dated (insert date). 19
Signature of .................. County Clerk
Seal of County of ...., Illinois
(Source: P.A. 84-1308; 88-455; revised 10-20-98.)
(35 ILCS 200/22-80)
Sec. 22-80. Order of court setting aside tax deed;
payments to holder of deed.
(a) Any order of court vacating an order directing the
county clerk to issue a tax deed based upon a finding that
the property was not subject to taxation or special
assessment, or that the taxes or special assessments had been
paid prior to the sale of the property, or that the tax sale
was otherwise void, shall declare the tax sale to be a sale
in error pursuant to Section 21-310 31-310 of this Act. The
order shall direct the county collector to refund to the tax
deed grantee or his or her successors and assigns (or, if a
tax deed has not yet issued, the holder of the certificate)
the following amounts:
(1) all taxes and special assessments purchased,
paid, or redeemed by the tax purchaser or his or her
assignee, or by the tax deed grantee or his or her
successors and assigns, whether before or after entry of
the order for tax deed, with interest at the rate of 1%
per month from the date each amount was paid until the
date of payment pursuant to this Section;
(2) all costs paid and posted to the judgment
record and not included in paragraph (1) of this
subsection (a); and
(3) court reporter fees for the hearing on the
application for tax deed and transcript thereof, cost of
certification of tax deed order, cost of issuance of tax
deed, and cost of recording of tax deed.
(b) Except in those cases described in subsection (a) of
this Section, and unless the court on motion of the tax deed
petitioner extends the redemption period to a date not later
than 3 years from the date of sale, any order of court
finding that an order directing the county clerk to issue a
tax deed should be vacated shall direct the party who
successfully contested the entry of the order to pay to the
tax deed grantee or his or her successors and assigns (or, if
a tax deed has not yet issued, the holder of the certificate)
within 90 days after the date of the finding:
(1) the amount necessary to redeem the property
from the sale as of the last day of the period of
redemption, except that, if the sale is a scavenger sale
pursuant to Section 21-260 of this Act, the redemption
amount shall not include an amount equal to all
delinquent taxes on such property which taxes were
delinquent at the time of sale; and
(2) amounts in satisfaction of municipal liens paid
by the tax purchaser or his or her assignee, and the
amounts specified in paragraphs (1) and (3) of subsection
(a) of this Section, to the extent the amounts are not
included in paragraph (1) of this subsection (b).
If the payment is not made within the 90-day period, the
petition to vacate the order directing the county clerk to
issue a tax deed shall be denied with prejudice, and the
order directing the county clerk to issue a tax deed shall
remain in full force and effect. No final order vacating any
order directing the county clerk to issue a tax deed shall be
entered pursuant to this subsection (b) until the payment has
been made.
(Source: P.A. 88-455; 89-342, eff. 1-1-96; revised 3-12-98.)
(35 ILCS 200/22-90)
Sec. 22-90. Recording of certificate of purchase by
municipality. If any city, village or incorporated town,
interested in the collection of any special tax or
assessment, acquires a certificate of purchase at a tax sale,
it is not required to take out a deed, but may preserve its
lien under the certificate of purchase, beyond the period of
redemption, by recording the certificate of purchase or
evidence thereof within 1 year from the expiration of the
period of redemption or extended period of redemption, in the
office of the recorder of the county in which the property is
situated, or by presenting the certificate for registration
in the manner provided by law, to the registrar of titles in
the case of property registered under the Registered Titles
(Torrens) Act. The recorded certificate of purchase or the
evidence thereof shall contain language in substantially the
following form:
STATE OF ....)
)SS
COUNTY OF ...)
The following described property was sold to the (here
place name of city, village, or incorporated town), at a
public sale for the nonpayment of special taxes or
assessments in the above stated county, on (insert date), the
.... day of ...., 19 .., to-wit: (here place property
description). The sale was for the delinquent special tax or
assessment (here place the special assessment warrant number
and installment). Unless payment or settlement is made at
the office of (here place proper city, village or
incorporated town officer), the municipality for which the
above lien or liens were created may at any time after
expiration of the period of redemption, sell and assign the
certificate of purchase. Either the municipality or its
assignee at any time after expiration of the period of
redemption may file a complaint to foreclose or bring an
action for the amount of the special tax or assessment due.
Dated (insert date). this .... day of ...., 19...
...........................
(Proper Officer)
(Source: P.A. 90-655, eff. 7-30-98; revised 10-20-98.)
(35 ILCS 200/23-35)
Sec. 23-35. Tax objection based on budget or
appropriation ordinance. Notwithstanding the provisions of
Section 23-10, no objection to any property tax levied by any
municipality shall be sustained by any court because of the
forms of any budget or appropriation ordinance, or the degree
of itemization or classification of items therein, or the
reasonableness of any amount budgeted or appropriated
thereby, if:
(a) a tentative budget and appropriation ordinance
was prepared at the direction of the governing body of
the municipality and made conveniently available to
public inspection for at least 30 days prior to the
public hearing specified below and to final action
thereon;.
(b) at least one public hearing has been held by
the governing body as to the tentative budget and
appropriation ordinance prior to final action thereon,
and notice of the time and place where copies of the
tentative budget and appropriation ordinances are
available for public inspection, and the time and place
of the hearing, has been given by publication in a
newspaper published in the municipality at least 30 days
prior to the time of the hearing, or, if there is no
newspaper published in the municipality, notice of the
public hearing has been given by publication in a
newspaper of general circulation in the municipality; and
(c) the budget and appropriation ordinance finally
adopted is substantially identical, as to the matters to
which objection is made, with the tentative budget and
appropriation ordinance submitted at the public hearing,
unless the taxpayer making the objection has made the
same objection in writing and with the same specificity
to the governing body of the municipality prior to the
adoption of the budget and appropriation ordinance.
"Municipality", as used in this Section, means all
municipal corporations in, and political subdivisions of,
this State except the following: counties; cities, villages
and incorporated towns; sanitary districts created under the
Metropolitan Water Reclamation District Act; forest preserve
districts having a population of 3,000,000 or more, created
under the Cook County Forest Preserve Park District Act;
boards of education of school districts in cities exceeding
1,000,000 inhabitants; the Chicago Park District created
under the Chicago Park District Act; and park districts as
defined in subsection (b) of Section 1-3 of the Park District
Code.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; revised
10-31-98.)
Section 62. The Motor Fuel Tax Law is amended by
changing Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, all money
received by the Department under this Act, including payments
made to the Department by member jurisdictions participating
in the International Fuel Tax Agreement, shall be deposited
in a special fund in the State treasury, to be known as the
"Motor Fuel Tax Fund", and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to the State Construction
Account Fund in the State Treasury;
(b) $420,000 shall be transferred each month to the
State Boating Act Fund to be used by the Department of
Natural Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
(c) $1,500,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not
less than $6,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; beginning with fiscal year 1997 and
ending in fiscal year 1999, $1,500,000, and $750,000 in
fiscal year 2000 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall
be accounted for as part of the rail carrier portion of such
funds and shall be used to pay the cost of administration of
the Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to
be used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the public in the use of highways, roads or
streets in the county highway system, township and district
road system or municipal street system as defined in the
Illinois Highway Code, as the same may from time to time be
amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or
reconstruction, alteration, relocation including construction
or improvement of any existing highway necessary for access
to property or improvement of any grade crossing including
the necessary highway approaches thereto of any railroad
across the highway or public road, as provided for in and in
accordance with Section 18c-7401 of the Illinois Vehicle
Code. In entering orders for projects for which payments
from the Grade Crossing Protection Fund will be made, the
Commission shall account for expenditures authorized by the
orders on a cash rather than an accrual basis. For purposes
of this requirement an "accrual basis" assumes that the total
cost of the project is expended in the fiscal year in which
the order is entered, while a "cash basis" allocates the cost
of the project among fiscal years as expenditures are
actually made. To meet the requirements of this subsection,
the Illinois Commerce Commission shall develop annual and
5-year project plans of rail crossing capital improvements
that will be paid for with moneys from the Grade Crossing
Protection Fund. The annual project plan shall identify
projects for the succeeding fiscal year and the 5-year
project plan shall identify projects for the 5 directly
succeeding fiscal years. The Commission shall submit the
annual and 5-year project plans for this Fund to the
Governor, the President of the Senate, the Senate Minority
Leader, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives on the first
Wednesday in April of each year;
(d) of the amount remaining after allocations provided
for in subsections (a), (b) and (c), a sufficient amount
shall be reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation
in performing its duties imposed by the Illinois Highway
Code for supervising the use of motor fuel tax funds
apportioned to municipalities, counties and road
districts;
(3) refunds provided for in Section 13 of this Act
and under the terms of the International Fuel Tax
Agreement referenced in Section 14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund to
the Vehicle Inspection Fund, and beginning July 1, 1994,
and until December 31, 2000, one-twelfth of $25,000,000
each month for the administration of the Vehicle
Emissions Inspection Law of 1995, to be transferred by
the State Comptroller and Treasurer from the Motor Fuel
Tax Fund into the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims;
and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these
amounts to the Comptroller by the 15th day of each month;
the Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) 58.4% shall be deposited as follows:
(A) 37% into the State Construction Account
Fund, and
(B) 63% into the Road Fund, $1,250,000 of
which shall be reserved each month for the
Department of Transportation to be used in
accordance with the provisions of Sections 6-901
through 6-906 of the Illinois Highway Code;
(2) 41.6% shall be transferred to the Department of
Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall
be in accordance with any census taken by such municipality.
Any municipal census used in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department which may make such
corrections as it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of
the State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received
from the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year, no allocation shall be
made for any road district unless it levied a tax for road
and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any
such road district at a rate of not less than either .08% of
the value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied
and as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile
of road under the jurisdiction of the road district,
whichever is less. If any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate of not
less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County,
an amount equal to or greater than $12,000 per mile of road
under the jurisdiction of the road district, whichever is
less, such transfer, together with any such tax levy, shall
be deemed a proper compliance with this Section and shall
qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum
allowable amount after the imposition of the property tax
extension limitation. Any road district may in all
circumstances retain its entitlement to a motor fuel tax
allotment if it levied a road and bridge tax in an amount
that will require the extension of the tax against the
taxable property in the road district at a rate of not less
than 0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by the Department
of Revenue or, in DuPage County, an amount equal to or
greater than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
As used in this Section the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township
and district road system as defined in the Illinois Highway
Code. For the purposes of this Section, "road district" also
includes park districts, forest preserve districts and
conservation districts organized under Illinois law and
"township or district road" also includes such roads as are
maintained by park districts, forest preserve districts and
conservation districts. The Department of Transportation
shall determine the mileage of all township and district
roads for the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the
allotment is made. The treasurer of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff.
7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised
9-16-98.)
Section 63. The Coin-Operated Amusement Device and
Redemption Machine Tax Act is amended by changing Section 3
as follows:
(35 ILCS 510/3) (from Ch. 120, par. 481b.3)
Sec. 3. (1) All licenses herein provided for shall be
transferable from one device to another device. Any such
transfer from one device to another shall be reported to the
Department of Revenue on forms prescribed by such Department.
All licenses issued hereunder shall expire on July 31
following issuance.
(2) (Blank).
(Source: P.A. 86-905; revised 10-31-98.)
Section 64. The Mobile Home Local Services Tax Act is
amended by changing Section 7 as follows:
(35 ILCS 515/7) (from Ch. 120, par. 1207)
Sec. 7. The local services tax for owners of mobile
homes who (a) are actually residing in such mobile homes, (b)
hold title to such mobile home as provided in the "Illinois
Vehicle Code", approved September 29, 1969, as amended, and
(c) are 65 years of age or older or are disabled persons
within the meaning of Section 3.14 of the "Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act" on the annual billing date shall be reduced
to 80 percent of the tax provided for in Section 3 of this
Act. Proof that a claimant has been issued an Illinois
Disabled Person Identification Card stating that the claimant
is under a Class 2 disability, as provided in Section 4A of
The Illinois Identification Card Act, shall constitute proof
that the person thereon named is a disabled person within the
meaning of this Act. An application for reduction of the tax
shall be filed with the county clerk by the individuals who
are entitled to the reduction. If the application is filed
after May 1, the reduction in tax shall begin with the next
annual bill. Application for the reduction in tax shall be
done by submitting proof that the applicant has been issued
an Illinois Disabled Person Identification Card designating
the applicant's disability as a Class 2 disability, or by
affidavit in substantially the following form:
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
I hereby make application for a reduction to 80% of the
total tax imposed under "An Act to provide for a local
services tax on mobile homes".
(1) Senior Citizens
(a) I actually reside in the mobile home ....
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I reached the age of 65 on or before either January
1 (or July 1) of the year in which this statement is filed.
My date of birth is: ...
(2) Disabled Persons
(a) I actually reside in the mobile home...
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I was totally disabled on ... and have remained
disabled until the date of this application. My Social
Security, Veterans, Railroad or Civil Service Total
Disability Claim Number is ... The undersigned declares
under the penalty of perjury that the above statements are
true and correct.
Dated (insert date). ...., 19 ..
...........................
Signature of owner
...........................
(Address)
...........................
(City) (State) (Zip)
Approved by:
.............................
(Assessor)
This application shall be accompanied by a copy of the
applicant's most recent application filed with the Illinois
Department of Revenue under the "Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act," approved July 17, 1972, as amended.
(Source: P.A. 84-832; revised 10-20-98.)
Section 65. The Public Utilities Revenue Act is amended
by changing Section 2a.1 as follows:
(35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
Sec. 2a.1. Imposition of tax on invested capital and
on distribution of electricity.
(a) In addition to the tax imposed by the Illinois
Income Tax Act, there is hereby imposed upon every taxpayer
(other than an electric cooperative, a school district or
unit of local government as defined in Section 1 of Article
VII of the Illinois Constitution of 1970), an additional tax
as follows:
(i) For the first 500,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.031 cents per kilowatt-hour;
(ii) For the next 1,000,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.050 cents per kilowatt-hour;
(iii) For the next 2,500,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.070 cents per kilowatt-hour;
(iv) For the next 4,000,000,000 kilowatt-hours
killowatt-hours distributed by the taxpayer in this State
during the taxable period, 0.140 cents per kilowatt-hour;
(v) For the next 7,000,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.180 cents per kilowatt-hour;
(vi) For the next 3,000,000,000 kilowatt-hours
killowatt-hours distributed by the taxpayer in this State
during the taxable period, 0.142 cents per kilowatt-hour;
and
(vii) For all kilowatt-hours distributed by the
taxpayer in this State during the taxable period in
excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
kilowatt-hour killowatt-hour.
(b) There is imposed on electric cooperatives that are
required to file reports with the Rural Utilities Service a
tax equal to 0.8% of such cooperative's invested capital for
the taxable period. The invested capital tax imposed by this
subsection shall not be imposed on electric cooperatives not
required to file reports with the Rural Utilities Service.
(c) If, for any taxable period, the total amount
received by the Department from the tax imposed by subsection
(a) exceeds $145,279,553 plus, for taxable periods subsequent
to 1998, an amount equal to the lesser of (i) 5% or (ii) the
percentage increase in the Consumer Price Index during the
immediately preceding taxable period, of the total amount
received by the Department from the tax imposed by subsection
(a) for the immediately preceding taxable period, determined
after allowance of the credit provided for in this
subsection, the Department shall issue credit memoranda in
the aggregate amount of the excess to each of the taxpayers
who paid any amount of tax under subsection (a) for that
taxable period in the proportion which the amount paid by the
taxpayer bears to the total amount paid by all such
taxpayers. This calculation shall be made as of December 1 of
the year following the immediately preceding taxable period
and shall consist of only those returns with payment then on
file with the Department. All future amendments to returns
and monies covering this period received after December 1 of
the year following the taxable period will not be included in
the calculation of the affected taxable period or any other
taxable period. The provisions of this subsection are not
subject to the Uniform Penalty and Interest Act. Any credit
memorandum issued to a taxpayer under this subsection may be
used as a credit by the taxpayer against its liability in
future taxable periods for tax under subsection (a). Any
amount credited to a taxpayer shall not be refunded to the
taxpayer unless the taxpayer demonstrates to the reasonable
satisfaction of the Department that it will not incur future
liability for tax under subsection (a). The Department shall
adopt reasonable regulations for the implementation of the
provisions of this subsection.
(Source: P.A. 90-561, eff. 1-1-98; 90-624, eff. 7-10-98;
revised 10-28-98.)
Section 66. The Electricity Excise Tax Law is amended by
changing Section 2-11 as follows:
(35 ILCS 640/2-11)
Sec. 2-11. Direct return and payment by self-assessing
purchaser. When electricity is used or consumed by a
self-assessing purchaser subject to the tax imposed by this
Law who did not pay the tax to a delivering supplier
maintaining a place of business within this State and
required or authorized to collect the tax, that
self-assessing purchaser shall, on or before the 15th day of
each month, make a return to the Department for the preceding
calendar month, stating all of the following:
(1) The self-assessing purchaser's name and
principal address.
(2) The aggregate purchase price paid by the
self-assessing purchaser for the distribution, supply,
furnishing, sale, transmission and delivery of such
electricity to or for the purchaser during the preceding
calendar month, including budget plan and other
purchaser-owned amounts applied during such month in
payment of charges includible in the purchase price, and
upon the basis of which the tax is imposed.
(3) Amount of tax, computed upon item (2) at the
rate stated in Section 2-4.
(4) Such other information as the Department
reasonably may require.
In making such return the self-assessing purchaser may
use any reasonable method to derive reportable "purchase
price" from the self-assessing purchaser's records.
If the average monthly tax liability of the
self-assessing purchaser to the Department does not exceed
$2,500, the Department may authorize the self-assessing
purchaser's 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 average monthly tax liability of the
self-assessing purchaser to the Department does not exceed
$1,000, the Department may authorize the self-assessing
purchaser's 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 Law
concerning the time within which a self-assessing purchaser
may file a return, any such self-assessing purchaser who
ceases to be responsible for filing returns under this Law
shall file a final return under this Law with the Department
not more than one month thereafter.
Each self-assessing purchaser whose average monthly
liability to the Department pursuant to this Section was
$10,000 or more during the preceding calendar year, excluding
the month of highest liability and the month of lowest
liability during such calendar year, and which is not
operated by a unit of local government, shall make estimated
payments to the Department on or before the 7th, 15th, 22nd
and last day of the month during which tax liability to the
Department is incurred in an amount not less than the lower
of either 22.5% of such self-assessing purchaser's actual tax
liability for the month or 25% of such self-assessing
purchaser's actual tax liability for the same calendar month
of the preceding year. The amount of such quarter-monthly
payments shall be credited against the final tax liability of
the self-assessing purchaser's return for that month. An
outstanding credit approved by the Department or a credit
memorandum issued by the Department arising from the
self-assessing purchaser's overpayment of the self-assessing
purchaser's final tax liability for any month may be applied
to reduce the amount of any subsequent quarter-monthly
payment or credited against the final tax liability of such
self-assessing purchaser's return for any subsequent month.
If any quarter-monthly payment is not paid at the time or in
the amount required by this Section, such person shall be
liable for penalty and interest on the difference between the
minimum amount due as a payment and the amount of such
payment actually and timely paid, except insofar as such
person has previously made payments for that month to the
Department in excess of the minimum payments previously due.
If the Director finds that the information required for
the making of an accurate return cannot reasonably be
compiled by a self-assessing purchaser within 15 days after
the close of the calendar month for which a return is to be
made, the Director may grant an extension of time for the
filing of such return for a period of not to exceed 31
calendar days. The granting of such an extension may be
conditioned upon the deposit by such self-assessing purchaser
with the Department of an amount of money not exceeding the
amount estimated by the Director to be due with the return so
extended. All such deposits shall be credited against such
self-assessing purchaser's liabilities under this Law. If
the deposit exceeds such self-assessing purchaser's present
and probable future liabilities under this Law, the
Department shall issue to such self-assessing purchaser a
credit memorandum, which may be assigned by such
self-assessing purchaser to a similar person under this Law,
in accordance with reasonable rules and regulations to be
prescribed by the Department.
The self-assessing purchaser making the return provided
for in this Section shall, at the time of making such return,
pay to the Department the amount of tax imposed by this Law.
A self-assessing purchaser who has an average monthly tax
liability of $10,000 or more shall make all payments
required by rules of the Department by electronic funds
transfer. The term "average monthly tax liability" shall be
the sum of the self-assessing purchaser's liabilities under
this Law for the immediately preceding calendar year divided
by 12. Any self-assessing purchaser not required to make
payments by electronic funds transfer may make payments by
electronic funds transfer with the permission of the
Department. All self-assessing purchasers required to make
payments by electronic funds transfer and any self-assessing
purchasers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the
manner authorized by the Department.
Each month the Department shall pay into the Public
Utility Fund in the State treasury an amount determined by
the Director to be equal to 3.0% of the funds received by the
Department pursuant to this Section. The remainder of all
moneys received by the Department under this Section shall be
paid into the General Revenue Fund in the State treasury.
(Source: P.A. 90-561, eff. 8-1-98; revised 10-31-98.)
Section 67. The Illinois Pension Code is amended by
changing Sections 5-167.2, 7-123, 7-132.1, 7-142, 8-114,
8-115, 8-117, 14-110, 14-120, 15-102, 15-113.6, 17-123,
17-127.2, and 18-112.2 as follows:
(40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2)
Sec. 5-167.2. Retirement before September 1, 1967. A
retired policeman, qualifying for minimum annuity or who
retired from service with 20 or more years of service, before
September 1, 1967, shall, in January of the year following
the year he attains the age of 65, or in January of the year
1970, if then more than 65 years of age, have his then fixed
and payable monthly annuity increased by an amount equal to
2% of the original grant of annuity, for each year the
policeman was in receipt of annuity payments after the year
in which he attains, or did attain the age of 63. An
additional 2% increase in such then fixed and payable
original granted annuity shall accrue in each January
thereafter. Beginning January 1, 1986, the rate of such
increase shall be 3% instead of 2%.
The provisions of the preceding paragraph of this Section
apply only to a retired policeman eligible for such increases
in his annuity who contributes to the Fund a sum equal to $5
for each full year of credited service upon which his annuity
was computed. All such sums contributed shall be placed in a
Supplementary Payment Reserve and shall be used for the
purposes of such Fund account.
Beginning with the monthly annuity payment due in July,
1982, the fixed and granted monthly annuity payment for any
policeman who retired from the service, before September 1,
1976, at age 50 or over with 20 or more years of service and
entitled to an annuity on January 1, 1974, shall be not less
than $400. It is the intent of the General Assembly that the
change made in this Section by this amendatory Act of 1982
shall apply retroactively to July 1, 1982.
Beginning with the monthly annuity payment due on January
1, 1986, the fixed and granted monthly annuity payment for
any policeman who retired from the service before January 1,
1986, at age 50 or over with 20 or more years of service, or
any policeman who retired from service due to termination of
disability and who is entitled to an annuity on January 1,
1986, shall be not less than $475.
Beginning with the monthly annuity payment due on January
1, 1992, the fixed and granted monthly annuity payment for
any policeman who retired from the service before January 1,
1992, at age 50 or over with 20 or more years of service, and
for any policeman who retired from service due to termination
of disability and who is entitled to an annuity on January 1,
1992, shall be not less than $650.
Beginning with the monthly annuity payment due on January
1, 1993, the fixed and granted monthly annuity payment for
any policeman who retired from the service before January 1,
1993, at age 50 or over with 20 or more years of service, and
for any policeman who retired from service due to termination
of disability and who is entitled to an annuity on January 1,
1993, shall be not less than $750.
Beginning with the monthly annuity payment due on January
1, 1994, the fixed and granted monthly annuity payment for
any policeman who retired from the service before January 1,
1994, at age 50 or over with 20 or more years of service, and
for any policeman who retired from service due to termination
of disability and who is entitled to an annuity on January 1,
1994, shall be not less than $850.
The difference in amount between the original fixed and
granted monthly annuity of any such policeman on the date of
his retirement from the service and the monthly annuity
provided for in the immediately preceding paragraph shall be
paid as a supplement in the manner set forth in the
immediately following paragraph.
To defray the annual cost of the increases indicated in
the preceding part of this Section, the annual interest
income accruing from investments held by this Fund, exclusive
of gains or losses on sales or exchanges of assets during the
year, over and above 4% a year shall be used to the extent
necessary and available to finance the cost of such increases
for the following year and such amount shall be transferred
as of the end of each year beginning with the year 1969 to a
Fund account designated as the Supplementary Payment Reserve
from the Interest and Investment Reserve set forth in Section
5-207 5-167.2.
In the event the funds in the Supplementary Payment
Reserve in any year arising from: (1) the interest income
accruing in the preceding year above 4% a year and (2) the
contributions by retired persons are insufficient to make the
total payments to all persons entitled to the annuity
specified in this Section and (3) any interest earnings over
4% a year beginning with the year 1969 which were not
previously used to finance such increases and which were
transferred to the Prior Service Annuity Reserve, may be used
to the extent necessary and available to provide sufficient
funds to finance such increases for the current year and such
sums shall be transferred from the Prior Service Annuity
Reserve. In the event the total money available in the
Supplementary Payment Reserve from such sources are
insufficient to make the total payments to all persons
entitled to such increases for the year, a proportionate
amount computed as the ratio of the money available to the
total of the total payments specified for that year shall be
paid to each person for that year.
The Fund shall be obligated for the payment of the
increases in annuity as provided for in this Section only to
the extent that the assets for such purpose are available.
(Source: P.A. 87-849; 87-1265; revised 10-31-98.)
(40 ILCS 5/7-123) (from Ch. 108 1/2, par. 7-123)
Sec. 7-123. Effective rate of interest. "Effective rate
of interest": The interest rate determined by the Board for
any calendar year which shall distribute, to the extent
reasonably determinable prior to the year for which the rate
is applicable, the current earnings (excluding capital gains)
on assets of the fund to reserves as provided by Section Sec.
7-209, after due allowance is made for special reserve
requirements under Section Sec. 7-208.
(Source: Laws 1965, p. 1086; revised 10-31-98.)
(40 ILCS 5/7-132.1) (from Ch. 108 1/2, par. 7-132.1)
Sec. 7-132.1. Towns - Election to participate. For
purposes of this Article, a town which is not a participating
municipality on the effective date of this Act, shall be
considered to include the town itself and all other bodies
politic heretofor or hereafter established by or subject to
the direct or indirect control of the town electors. As so
defined, a town may participate in the Fund, on the first day
of January after the year in which a valid participation
participating ordinance, adopted by the town electors, has
been filed with the Board. The following procedures shall
govern adoption of a participation ordinance by the town
electors:
(a) A resolution, adopted by the town electors at
an annual town meeting, shall authorize the town
supervisor to file with the Board of Trustees of the
Fund, an application for the town as herein defined to
participate, to supply such data as is requested by the
Board, and to reimburse the Board for expenses incurred
in securing an actuarial evaluation of the effects of
participation by the applicant on the financial condition
of the Fund and to postpone consideration of the matter
of election to participate to a special town meeting.
(b) If the Board finds that the town has adequate
resources for payment of municipal obligations, and that
the actuarial soundness of the fund will not be impaired
by participation of the town, the Board shall approve the
application and report its action to the town. The report
shall include the cost to the town of participation and
the initial municipality contribution rate.
(c) Upon receipt of an approved application, the
Board of Town trustees shall call a special town meeting
to be held at a date not earlier than 30 days after the
notice of such called meeting is published. The notice of
call of the meeting shall state the purpose and shall
include the Board's report of costs of participation and
the initial municipality contribution rate.
(d) An ordinance to elect participation shall
specifically provide that it includes participation by
all bodies politic, heretofor, or hereafter created,
included in the town for purposes of this Article. If
such ordinance is adopted, the Town Clerk shall forthwith
forward a certified copy thereof to the Fund.
Upon the filing of the ordinance, for the purpose of
providing benefits to their employees and their survivors,
the town and the other bodies politic, whether or not they
were participating municipalities, shall be considered and
deemed to be a single municipality. It is declared to be the
policy of the State, that since the town and the other bodies
politic serve the same geographical area, that for the
purposes of this Article they are properly designated as a
single municipality.
No town may elect to participate in this Fund except as
provided in this Section. In any town which has not elected
to participate in the Fund on the effective date of this Act,
no body politic established by or subject to the control of
the town electors may elect to participate in the Fund,
except as a part of the town as provided in this Section.
(Source: P.A. 82-783; revised 3-2-98.)
(40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
Sec. 7-142. Retirement annuities - Amount.
(a) The amount of a retirement annuity shall be the sum
of the following, determined in accordance with the actuarial
tables in effect at the time of the grant of the annuity:
1. For employees with 8 or more years of service,
an annuity computed pursuant to subparagraphs a or b of
this subparagraph 1, whichever is the higher, and for
employees with less than 8 years of service the annuity
computed pursuant to subparagraph a:
a. The monthly annuity which can be provided
from the total accumulated normal, municipality and
prior service credits, as of the attained age of the
employee on the date the annuity begins provided
that such annuity shall not exceed 75% of the final
rate of earnings of the employee.
b. (i) The monthly annuity amount determined
as follows by multiplying (a) 1 2/3% for annuitants
with not more than 15 years or (b) 1 2/3% for the
first 15 years and 2% for each year in excess of 15
years for annuitants with more than 15 years by the
number of years plus fractional years, prorated on a
basis of months, of creditable service and multiply
the product thereof by the employee's final rate of
earnings.
(ii) For the sole purpose of computing the
formula (and not for the purposes of the limitations
hereinafter stated) $125 shall be considered the
final rate of earnings in all cases where the final
rate of earnings is less than such amount.
(iii) The monthly annuity computed in
accordance with this subparagraph b, shall not
exceed an amount equal to 75% of the final rate of
earnings.
(iv) For employees who who have less than 35
years of service, the annuity computed in accordance
with this subparagraph b (as reduced by application
of subparagraph (iii) above) shall be reduced by
0.25% thereof (0.5% if service was terminated before
January 1, 1988) for each month or fraction thereof
(1) that the employee's age is less than 60 years,
or (2) if the employee has at least 30 years of
service credit, that the employee's service credit
is less than 35 years, whichever is less, on the
date the annuity begins.
2. The annuity which can be provided from the total
accumulated additional credits as of the attained age of
the employee on the date the annuity begins.
(b) If payment of an annuity begins prior to the
earliest age at which the employee will become eligible for
an old age insurance benefit under the Federal Social
Security Act, he may elect that the annuity payments from
this fund shall exceed those payable after his attaining such
age by an amount, computed as determined by rules of the
Board, but not in excess of his estimated Social Security
Benefit, determined as of the effective date of the annuity,
provided that in no case shall the total annuity payments
made by this fund exceed in actuarial value the annuity which
would have been payable had no such election been made.
(c) The retirement annuity shall be increased each year
by 2%, not compounded, of the monthly amount of annuity,
taking into consideration any adjustment under paragraph (b)
of this Section. This increase shall be effective each
January 1 and computed from the effective date of the
retirement annuity, the first increase being .167% of the
monthly amount times the number of months from the effective
date to January 1. Beginning January 1, 1984 and thereafter,
the retirement annuity shall be increased by 3% each year,
not compounded. This increase shall not be applicable to
annuitants who are not in service on or after September 8,
1971.
(Source: P.A. 87-850; revised 10-31-98.)
(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
Sec. 8-114. Present employee. "Present employee":
(a) Any employee of an employer, or the board, on the
day before the effective date.;
(b) Any person who becomes an employee of the Board of
Education on the day before the effective date and who on
June 30, 1923, was a contributor to any municipal pension
fund in operation in the city on that date under the Public
School Employees' Pension Act of 1903. Any such employee
shall be considered a municipal employee during the entire
time he has been in the service of the employer.
(c) Any person who becomes an employee of the municipal
court or law department or Board of Election Commissioners on
the day before the effective date, and who on December 31,
1959, was a participant in either of the funds in operation
in the city on December 31, 1959, created under the Court and
Law Department Employees' Annuity Act or the Board of
Election Commissioners Employees' Annuity Act. Any such
employee shall be considered a municipal employee during the
entire time he has been in the service of the municipal court
or law department or Board of Election Commissioners.
(d) Any person who becomes a employee of the Public
Library on the day before the effective date, and who on
December 31, 1965 was a contributor and participant in the
fund created under the Public Library Employes' Pension Act,
in operation in the city on December 31, 1965. Any such
employee shall be considered a municipal employee during the
entire time he has been in the service of the Public Library.
(Source: Laws 1965, p. 2300; revised 10-31-98.)
(40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115)
Sec. 8-115. Future entrant. "Future entrant":
(a) Any employee of an employer or of the board,
employed for the first time on or after the effective date.;
(b) Any person who becomes an employee of the Board of
Education for the first time on or after the effective date,
and who was a contributor on June 30, 1923, to any municipal
pension fund then in operation in the city under the Public
School Employees' Pension Act of 1903. Any such employee
shall be considered a municipal employee during the entire
time he has been in the service of the Board of Education.
(c) Any person who becomes an employee of a municipal
court or law department or Board of Election Commissioners
for the first time on or after the effective date, and who
was a participant on December 31, 1959, in either of the
funds in operation in the city on December 31, 1959, created
under the Court and Law Department Employees' Annuity Act or
the Board of Election Commissioners Employees' Annuity Act.
Any such employee shall be considered a municipal employee
during the entire time he has been in the service of the
municipal court, law department, or Board of Election
Commissioners.
(d) Any person who becomes an employee of the Public
Library or a participant and contributor to the Public
Library Employees' Pension Fund for the first time on or
after the effective date, and who was a contributor and
participant on December 31, 1965 in such fund created under
the Public Library Employees' Pension Act in operation in the
city on December 31, 1965. Any such person shall be
considered a municipal employee during the entire time he has
been in the service of the Public Library or during the
entire time for which he was covered, as an employee, in the
fund created under the aforesaid Act.
(e) Any person who becomes an employee of the house of
correction or a participant and contributor to the House of
Correction Employees' Pension Fund for the first time on or
after the effective date, and who was a contributor and
participant on December 31, 1968 in such fund created under
the House of Correction Employees' Pension Act in operation
in the City on December 31, 1968. Any such person shall be
considered a municipal employee during the entire time he has
been in the service of the House of Correction.
(Source: Laws 1968, p. 181; revised 10-31-98.)
(40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117)
Sec. 8-117. Salary. "Salary": Annual salary of an
employee as follows:
(a) Beginning on the effective date and prior to July 1,
1947, $3,000; and beginning on July 1, 1947 and prior to July
1, 1953, $4,800; and beginning on July 1, 1953 and prior to
July 1, 1957, $6,000 shall be the maximum amount of annual
salary of any employee which shall be considered for any
purpose hereunder.
(b) If appropriated, fixed or arranged on an annual
basis, beginning July 1, 1957, the actual sum payable during
the year if the employee worked the full normal working time
in his position, at the rate of compensation, exclusive of
overtime and final vacation, appropriated or fixed as salary
or wages for service in the position.
(c) If appropriated, fixed or arranged on other than an
annual basis, beginning July 1, 1957, the applicable
schedules specified in Sections 8-233 and 8-235 shall be used
for conversion of the salary to an annual basis.:
(d) Beginning July 13, 1941, if the city provides
lodging for an employee without charge, his salary shall be
considered to be $120 a year more than the amount payable as
salary for the year; the salary of an employee for whom daily
meals are provided without charge by the city shall be
considered to be $120 a year more than the amount payable as
his salary for the year, for each such daily meal, not
exceeding three per day.
(e) Beginning September 19, 1981, the salary of a person
who was or is an employee of a Board of Education on or after
that date shall include the amount of employee contributions,
if any, picked up by the employer for that employee under
Section 8-174.1.
(Source: P.A. 85-964; revised 10-31-98.)
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from
service with not less than 25 years of eligible creditable
service and has attained age 50, regardless of whether the
attainment of either of the specified ages occurs while the
member is still in service, shall be entitled to receive at
the option of the member, in lieu of the regular or minimum
retirement annuity, a retirement annuity computed as
follows:
(i) for periods of service as a noncovered
employee, 2 1/4% of final average compensation for each
of the first 10 years of creditable service, 2 1/2% for
each year above 10 years to and including 20 years of
creditable service, and 2 3/4% for each year of
creditable service above 20 years; and
(ii) for periods of eligible creditable service as
a covered employee, 1.67% of final average compensation
for each of the first 10 years of such service, 1.90% for
each of the next 10 years of such service, 2.10% for each
year of such service in excess of 20 but not exceeding
30, and 2.30% for each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of
final average compensation. These rates shall not be
applicable to any service performed by a member as a covered
employee which is not eligible creditable service. Service
as a covered employee which is not eligible creditable
service shall be subject to the rates and provisions of
Section 14-108.
(b) For the purpose of this Section, "eligible
creditable service" means creditable service resulting from
service in one or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of
a department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections;
(11) dangerous drugs investigator;
(12) investigator for the Department of State
Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service
for service credit earned under this Article while undergoing
the basic police training course approved by the Illinois
Local Governmental Law Enforcement Officers Training
Standards Board, if completion of that training is required
of persons serving in that position. For the purposes of
this Code, service during the required basic police training
course shall be deemed performance of the duties of the
specified position, even though the person is not a sworn
peace officer at the time of the training.
(c) For the purposes of this Section:
(1) The term "state policeman" includes any title
or position in the Department of State Police that is
held by an individual employed under the State Police
Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee
whose official job description on file in the Department
of Central Management Services, or in the department by
which he is employed if that department is not covered by
the Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
this amendatory Act of 1983 shall not operate to exclude
any noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who
by reason of employment by the Division of Narcotic
Control, the Bureau of Investigation or, after July 1,
1977, the Division of Criminal Investigation, the
Division of Internal Investigation or any other Division
or organizational entity in the Department of State
Police is vested by law with duties to maintain public
order, investigate violations of the criminal law of this
State, enforce the laws of this State, make arrests and
recover property. The term "special agent" includes any
title or position in the Department of State Police that
is held by an individual employed under the State Police
Act.
(5) The term "investigator for the Secretary of
State" means any person employed by the Office of the
Secretary of State and vested with such investigative
duties as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a
single break in service of not more than 3 years
duration, which break terminated before January 1, 1976,
shall be entitled to have his retirement annuity
calculated in accordance with subsection (a),
notwithstanding that he has less than 20 years of credit
for such service.
(6) The term "Conservation Police Officer" means
any person employed by the Division of Law Enforcement of
the Department of Natural Resources and vested with such
law enforcement duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
that Act. The term "Conservation Police Officer"
includes the positions of Chief Conservation Police
Administrator and Assistant Conservation Police
Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(8) The term "security employee of the Department
of Human Services" means any person employed by the
Department of Human Services who is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, or who is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a
position pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) The term "security employee of the Department
of Corrections" means any employee of the Department of
Corrections or the former Department of Personnel, and
any member or employee of the Prisoner Review Board, who
has daily contact with inmates by working within a
correctional facility or who is a parole officer or an
employee who has direct contact with committed persons in
the performance of his or her job duties.
(11) The term "dangerous drugs investigator" means
any person who is employed as such by the Department of
Human Services.
(12) The term "investigator for the Department of
State Police" means a person employed by the Department
of State Police who is vested under Section 4 of the
Narcotic Control Division Abolition Act with such law
enforcement powers as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
Act. For the period before January 1, 1989, the term
includes all persons who were employed as investigators
by the Office of the Attorney General, without regard to
social security status.
(14) "Controlled substance inspector" means any
person who is employed as such by the Department of
Professional Regulation and is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
The term "controlled substance inspector" includes the
Program Executive of Enforcement and the Assistant
Program Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who
is vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who
was employed as an arson investigator on January 1, 1995
and is no longer in service but not yet receiving a
retirement annuity may convert his or her creditable
service for employment as an arson investigator into
eligible creditable service by paying to the System the
difference between the employee contributions actually
paid for that service and the amounts that would have
been contributed if the applicant were contributing at
the rate applicable to persons with the same social
security status earning eligible creditable service on
the date of application.
(d) A security employee of the Department of
Corrections, and a security employee of the Department of
Human Services who is not a mental health police officer,
shall not be eligible for the alternative retirement annuity
provided by this Section unless he or she meets the following
minimum age and service requirements at the time of
retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of
eligible creditable service and age 54, or 24 years of
eligible creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of
eligible creditable service and age 53, or 23 years of
eligible creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of
eligible creditable service and age 52, or 22 years of
eligible creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of
eligible creditable service and age 50, or 20 years of
eligible creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections in a position requiring certification as a
teacher may count such service toward establishing their
eligibility under the service requirements of this Section;
but such service may be used only for establishing such
eligibility, and not for the purpose of increasing or
calculating any benefit.
(e) If a member enters military service while working in
a position in which eligible creditable service may be
earned, and returns to State service in the same or another
such position, and fulfills in all other respects the
conditions prescribed in this Article for credit for military
service, such military service shall be credited as eligible
creditable service for the purposes of the retirement annuity
prescribed in this Section.
(f) For purposes of calculating retirement annuities
under this Section, periods of service rendered after
December 31, 1968 and before October 1, 1975 as a covered
employee in the position of special agent, conservation
police officer, mental health police officer, or investigator
for the Secretary of State, shall be deemed to have been
service as a noncovered employee, provided that the employee
pays to the System prior to retirement an amount equal to (1)
the difference between the employee contributions that would
have been required for such service as a noncovered employee,
and the amount of employee contributions actually paid, plus
(2) if payment is made after July 31, 1987, regular interest
on the amount specified in item (1) from the date of service
to the date of payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made
after January 1, 1990, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
(g) A State policeman may elect, not later than January
1, 1990, to establish eligible creditable service for up to
10 years of his service as a policeman under Article 3, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and
employer contributions transferred to the System under
Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to
establish eligible creditable service for up to 10 years of
his service as a member of the County Police Department under
Article 9, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 9-121.10 and the amounts that would have been
contributed had those contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may
elect to establish eligible creditable service for up to 12
years of his service as a policeman under Article 5, by
filing a written election with the Board on or before January
31, 1992, and paying to the System by January 31, 1994 an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 5-236,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board on or before January 31,
1993, and paying to the System by January 31, 1994 an amount
to be determined by the Board, equal to (i) the difference
between the amount of employee and employer contributions
transferred to the System under Section 7-139.7, and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), and (l) of this Section shall not exceed 12 years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys
Appellate Prosecutor or a controlled substance inspector may
elect to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3 or a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (1) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.6
or 7-139.8, and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (2) interest thereon at the effective
rate for each year, compounded annually, from the date of
service to the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which
credit is not held in any other public employee pension fund
or retirement system. To obtain this credit, the applicant
must file a written application with the Board by March 31,
1998, accompanied by evidence of eligibility acceptable to
the Board and payment of an amount to be determined by the
Board, equal to (1) employee contributions for the credit
being established, based upon the applicant's salary on the
first day as an alternative formula employee after the
employment for which credit is being established and the
rates then applicable to alternative formula employees, plus
(2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in
items (1) and (2) from the first day as an alternative
formula employee after the employment for which credit is
being established to the date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a
policeman under Article 3, by filing a written election with
the Board, accompanied by payment of an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.5, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to security employees of the
Department of Corrections, plus (ii) interest thereon at the
effective rate for each year, compounded annually, from the
date of service to the date of payment.
(Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
(40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
Sec. 14-120. Survivors annuities - Conditions for
payments. A survivors annuity is established for all members
of the System. Upon the death of any male person who was a
member on July 19, 1961, however, his widow may have the
option of receiving the widow's annuity provided in this
Article, in lieu of the survivors annuity.
(a) A survivors annuity beneficiary, as herein defined,
is eligible for a survivors annuity if the deceased member
had completed at least 1 1/2 years of contributing creditable
service if death occurred:
(1) while in service;
(2) while on an approved or authorized leave of
absence from service, not exceeding one year
continuously; or
(3) while in receipt of a non-occupational
disability or an occupational disability benefit.
(b) If death of the member occurs after withdrawal, the
survivors annuity beneficiary is eligible for such annuity
only if the member had fulfilled at the date of withdrawal
the prescribed service conditions for establishing a right in
a retirement annuity.
(c) Payment of the survivors annuity shall begin
immediately if the beneficiary is 50 years or over, or upon
attainment of age 50 if the beneficiary is under that age at
the date of the member's death. In the case of survivors of a
member whose death occurred between November 1, 1970 and July
15, 1971, the payment of the survivors annuity shall begin
upon October 1, 1977, if the beneficiary is then 50 years of
age or older, or upon the attainment of age 50 if the
beneficiary is under that age on October 1, 1977.
If an eligible child or children, under the care of the
spouse also survive the member, the survivors annuity shall
begin immediately without regard to whether the beneficiary
has attained age 50.
Benefits under this Section shall accrue and be payable
for whole calendar months, beginning on the first day of the
month after the initiating event occurs and ending on the
last day of the month in which the terminating event occurs.
(d) A survivor annuity beneficiary means:
(1) A spouse of a member or annuitant if the
current marriage with the member or annuitant was in
effect for at least one year at the date of the member or
annuitant's member's death or at least one year at the
date of his or her withdrawal, whichever first occurs.
(2) An unmarried child under age 18 (under age 22
if a full-time student) of the member or annuitant; an
unmarried stepchild under age 18 (under age 22 if a
full-time student) who has been such for at least one
year at the date of the member's death or at least one
year at the date of withdrawal, whichever first occurs;
an unmarried adopted child under age 18 (under age 22 if
a full-time student) if the adoption proceedings were
initiated at least one year prior to the death or
withdrawal of the member or annuitant, whichever first
occurs; and an unmarried child over age 18 if he or she
is dependent by reason of a physical or mental
disability, so long as the physical or mental disability
continues. For purposes of this subsection, disability
means inability to engage in any substantial gainful
activity by reason of any medically determinable physical
or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for
a continuous period of not less than 12 months.
(3) A dependent parent of the member or annuitant;
a dependent step-parent by a marriage contracted before
the member or annuitant attained age 18; or a dependent
adopting parent by whom the member or annuitant was
adopted before he or she attained age 18.
(e) Payment of a survivors annuity to a beneficiary
terminates upon: (1) remarriage before age 55 or death, if
the beneficiary is of a spouse; (2) marriage or death, if the
beneficiary is of a child; or (3) remarriage before age 55 or
death, if the beneficiary is of a parent terminates the
survivors annuity payable on account of such beneficiary.
Remarriage of a prospective beneficiary prior to the
attainment of age 50 disqualifies the beneficiary for the
annuity expectancy hereunder. Termination due to a marriage
or remarriage shall be permanent regardless of any future
changes in marital status.
Any person whose survivors annuity was terminated during
1978 or 1979 due to remarriage at age 55 or over shall be
eligible to apply, not later than July 1, 1990, for a
resumption of that annuity, to begin on July 1, 1990.
(f) The term "dependent" relating to a survivors annuity
means a beneficiary of a survivors annuity who was receiving
from the member at the date of the member's death at least
1/2 of the support for maintenance including board, lodging,
medical care and like living costs.
(g) If there is no eligible spouse surviving the member,
or if a survivors annuity beneficiary includes a spouse who
dies or remarries, the annuity is payable to an unmarried
child or children. If at the date of death of the member
there is no spouse or unmarried child, payments shall be made
to a dependent parent or parents. If no eligible survivors
annuity beneficiary survives the member, the non-occupational
death benefit is payable in the manner provided in this
Article.
(h) Survivor benefits do not affect any reversionary
annuity.
(i) If a survivors annuity beneficiary becomes entitled
to a widow's annuity or one or more survivors annuities or
both such annuities, the beneficiary shall elect to receive
only one of such annuities.
(j) Contributing creditable service under the State
Universities Retirement System and the Teachers' Teachers
Retirement System of the State of Illinois shall be
considered in determining whether the member has met the
contributing service requirements of this Section.
(k) In lieu of the Survivor's Annuity described in this
Section, the spouse of the member has the option to select
the Nonoccupational Death Benefit described in this Article,
provided the spouse is the sole survivor and the sole
nominated beneficiary of the member.
(l) The changes made to this Section and Sections
14-118, 14-119, and 14-128 by this amendatory Act of 1997,
relating to benefits for certain unmarried children who are
full-time students under age 22, apply without regard to
whether the deceased member was in service on or after the
effective date of this amendatory Act of 1997. These changes
do not authorize the repayment of a refund or a re-election
of benefits, and any benefit or increase in benefits
resulting from these changes is not payable retroactively for
any period before the effective date of this amendatory Act
of 1997.
(Source: P.A. 90-448, eff. 8-16-97; revised 2-24-98.)
(40 ILCS 5/15-102) (from Ch. 108 1/2, par. 15-102)
Sec. 15-102. Terms defined. The terms used in this
Article shall have the meanings ascribed to them in Sections
15-103 through 15-132.1 15-132, except when the context
otherwise requires.
(Source: P.A. 83-1440; revised 3-2-98.)
(40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6)
Sec. 15-113.6. Service for employment in public schools.
"Service for employment in public schools": Includes those
periods not exceeding the lesser of 10 years or 2/3 of the
service granted under other Sections of this Article dealing
with service credit, during which a person who entered the
system after September 1, 1974 was employed full time by a
public common school, public college and public university,
or by an agency or instrumentality of any of the foregoing,
of any state, territory, dependency or possession of the
United States of America, including the Philippine Phillipine
Islands, or a school operated by or under the auspices of any
agency or department of any other state, if the person (1)
cannot qualify for a retirement pension or other benefit
based upon employer contributions from another retirement
system, exclusive of federal social security, based in whole
or in part upon this employment, and (2) pays the lesser of
(A) an amount equal to 8% of his or her annual basic
compensation on the date of becoming a participating employee
subsequent to this service multiplied by the number of years
of such service, together with compound interest from the
date participation begins to the date payment is received by
the board at the rate of 6% per annum through August 31,
1982, and at the effective rates after that date, and (B) 50%
of the actuarial value of the increase in the retirement
annuity provided by this service, and (3) contributes for at
least 5 years subsequent to this employment to one or more of
the following systems: the State Universities Retirement
System, the Teachers' Retirement System of the State of
Illinois, and the Public School Teachers' Pension and
Retirement Fund of Chicago.
The service granted under this Section shall not be
considered in determining whether the person has the minimum
of 8 years of service required to qualify for a retirement
annuity at age 55 or the 5 years of service required to
qualify for a retirement annuity at age 62, as provided in
Section 15-135. The maximum allowable service of 10 years
for this governmental employment shall be reduced by the
service credit which is validated under paragraph (3) of
Section 16-127 and paragraph 1 one of Section 17-133.
(Source: P.A. 83-1440; revised 10-31-98.)
(40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123)
Sec. 17-123. Death benefits - Death in service. If a
teacher dies (a) in service, (b) after resignation or (c)
after retirement but before receiving any pension payment,
his or her estate shall be paid a refund of the amounts he or
she contributed to the Fund less (1) any former refund that
has not been repaid, (2) the amount contributed for a
survivor's pension in the event such pension is payable under
Sections 17-121 and 17-122 121 and 122 of this Article and
(3) pension payments received; but if a written direction,
signed by the contributor before an officer authorized to
take acknowledgments and stating that the refund shall be
paid to named beneficiaries, was filed with the Board prior
to his or her death, the refund shall be paid to such named
beneficiaries. If any of several named beneficiaries does not
survive the contributor and no directive was furnished by the
member to cover this contingency, the deceased beneficiary's
share of the refund shall be paid to the estate of the
contributor.
In addition to the payment provided in the foregoing
paragraph, if such teacher has received service credit within
13 calendar months of the date of death or was on a sick
leave authorized by the Employer at the time of death, and if
no other pensions or benefits were payable under the
provisions of this Article or any other participating system,
as defined in the Illinois Retirement Systems Reciprocal Act,
except a refund of contributions or a survivor's pension,
there shall be paid a single payment death benefit. For a
teacher who dies on or after the effective date of this
amendatory Act of 1991, this benefit shall be equal to the
last month's base rate of salary, subject to the limitations
and conditions set forth in this Article, for each year of
validated service, not to exceed 6 times such salary, or
$10,000, whichever is less. The single payment death benefit
shall be paid in the manner prescribed for a refund of
contributions to the Fund.
Death benefits shall be paid only on written application
to the Board.
(Source: P.A. 90-566, eff. 1-2-98; revised 3-2-98.)
(40 ILCS 5/17-127.2)
Sec. 17-127.2. Additional contributions by employer of
teachers. (a) Beginning July 1, 1998, the employer of a
teacher shall pay to the Fund an employer contribution
computed as follows:
(1) Beginning July 1, 1998 through June 30, 1999,
the employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the
employer contribution shall be equal to 0.58% of each
teacher's salary.
The employer may pay these employer contributions out of any
source of funding available for that purpose and shall
forward the contributions to the Fund on the schedule
established for the payment of member contributions.
These employer contributions need not be made in a fiscal
year if the Board has certified in the previous fiscal year
that the Fund is at least 90% funded, based on actuarial
determinations.
These employer contributions are intended to offset a
portion of the cost to the Fund of the increases in
retirement benefits resulting from Public Act 90-582 this
amendatory Act of 1998.
(Source: P.A. 90-582, eff. 5-27-98; revised 10-28-98.)
(40 ILCS 5/18-112.2) (from Ch. 108 1/2, par. 18-112.2)
Sec. 18-112.2. Transfer of creditable service to Article
8, 9 or 13 Fund.
(a) Any city officer as defined in Section 8-243.2 of
this Code, any county officer elected by vote of the people
who is a participant in the pension fund established under
Article 9 13 of this Code, and any elected sanitary district
commissioner who is a participant in a pension fund
established under Article 13 of this Code, may apply for
transfer of his or her credits and creditable service
accumulated under this System to such Article 8, 9 or 13
fund. Such creditable service shall be transferred
forthwith. Payment by this System to the Article 8, 9 or 13
fund shall be made at the same time, and shall consist of:
(1) the amounts credited to the applicant through
employee contributions, including interest if applicable,
on the date of transfer; and
(2) employer contributions equal to the accumulated
employee contributions as determined under clause (1)
above.
Participation in this System shall terminate on the date
of transfer.
(b) Any such elected city officer, county officer or
sanitary district commissioner may reinstate credits and
creditable service terminated upon receipt of a refund, by
repaying to the System the amount of the refund together with
interest thereon to the date of payment.
(Source: P.A. 85-964; 86-1488; revised 10-31-98.)
Section 68. The Local Records Act is amended by changing
Section 3a as follows:
(50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
Sec. 3a. (a) Reports and records of the obligation,
receipt and use of public funds of the units of local
government and school districts, including certified audits,
management letters and other audit reports made by the
Auditor General, County Auditors, other officers or by
certified public accountants licensed under the Illinois
Public Accounting Act "An Act to regulate the practice of
public accounting and to repeal certain Acts therein named",
approved July 22, 1943, as amended, and presented to the
corporate authorities or boards of the units of local
government, are public records available for inspection by
the public. These records shall be kept at the official place
of business of each unit of local government and school
district or at a designated place of business of the unit or
district. These records shall be available for public
inspection during regular office hours except when in
immediate use by persons exercising official duties which
require the use of those records. The person in charge of
such records may require a notice in writing to be submitted
24 hours prior to inspection and may require that such notice
specify which records are to be inspected. Nothing in this
Section shall require units of local government and school
districts to invade or assist in the invasion of any person's
right to privacy.
(Source: P.A. 82-239; revised 10-31-98.)
Section 69. The Governmental Account Audit Act is
amended by changing Section 10 as follows:
(50 ILCS 310/10) (from Ch. 85, par. 710)
Sec. 10. This Act does not relieve any officer of any
other duties required by law of him with respect to the
auditing of public accounts or the disbursement of public
funds. Failure of the governing body of any governmental unit
to comply with the provisions provision of this Act does not
affect the legality of taxes levied for any of the funds of
such governmental unit.
(Source: Laws 1967, p. 529; revised 10-31-98.)
Section 70. The Local Government Debt Limitation Act is
amended by changing Section 1.22 as follows:
(50 ILCS 405/1.22) (from Ch. 85, par. 851.22)
Sec. 1.22. The limitations prescribed in Section 1 of
this Act do not apply to any indebtedness of any township for
acquisition of open lands and their use for open space
purposes under Article 115 of the Township Code.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-31-98.)
Section 71. The Illinois Police Training Act is amended
by changing Section 2 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned
which offers a course in police or county corrections
training and has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training
school to be eligible for permanent full-time employment as a
local law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to
be eligible for employment on a part-time basis as a local
law enforcement officer.
"Permanent police officer" means a law enforcement
officer who has completed his or her probationary period and
is permanently employed on a full-time basis as a local law
enforcement officer by a participating local governmental
unit or as a security officer or campus policeman permanently
employed by a participating State-controlled university,
college, or public community college.
"Part-time police officer" means a law enforcement
officer who has completed his or her probationary period and
is employed on a part-time basis as a law enforcement officer
by a participating unit of local government or as a campus
policeman by a participating State-controlled university,
college, or public community college.
"Law enforcement officer" means any police officer of a
local governmental agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State.
"Recruit" means any full-time or part-time law
enforcement officer or full-time county corrections officer
who is enrolled in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed his probationary period
and is permanently employed on a full-time basis as a county
corrections officer by a participating local governmental
unit.
"County corrections officer" means any sworn officer of
the sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed his or her probationary period and
is employed as a court security officer by a participating
local governmental unit.
"Court security officer" has the meaning ascribed to it
in Section 3-6012.1 of the Counties Code.
(Source: P.A. 89-170, eff. 1-1-96; 89-685, eff. 6-1-97;
89-707, eff. 6-1-97; 90-271, eff. 7-30-97; revised 7-10-98.)
Section 72. The Law Enforcement Intern Training Act is
amended by changing Sections 5 and 20 as follows:
(50 ILCS 708/5)
Sec. 5. Definitions. As used in this Act:
"Academy" means a school certified by the Illinois Law
Enforcement Training and Standards Board to provide basic
training under Section 6 of the Illinois Police Training Act.
"Board" means the Illinois Law Enforcement Training and
Standards Board created by the Illinois Police Training Act.
"Law Enforcement Intern" means a civilian who has met the
requirements to enter the Law Enforcement Intern Training
Program and who is not employed as a law enforcement officer
under the Illinois Police Training Act.
"Graduate Law Enforcement Intern" means a civilian who
has successfully completed the law enforcement intern
training course and is not employed as a law enforcement
officer under the Illinois Police Training Act.
"Trainee" means a law enforcement intern who is enrolled
in the Law Enforcement Intern Training Program.
(Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)
(50 ILCS 708/20)
Sec. 20. Certification; transition course. The Board
shall require law enforcement interns to undertake, at a
minimum, the same training requirements as established for
law enforcement officers under the Illinois Police Training
Act. The Board certificate reserved for law enforcement
officers shall not be awarded until the law enforcement
intern is employed, has successfully completed the State
certification exam, and meets the requirements established by
the Board. The Law Enforcement Intern Certificate shall be
issued to the trainee following the successful completion of
the course. The graduate law enforcement intern, if not
employed as a law enforcement officer within 2 years after
issuance of the law enforcement intern certificate, must then
meet the requirements of the Illinois Police Training Act
upon employment. A graduate law enforcement intern who is
not employed within one year, but is hired within 2 years
after completing the course, must successfully complete a
transition course approved by the Illinois Law Enforcement
Police Training Standards Board and again successfully
complete the law enforcement State certification exam in
order to obtain the Board's certificate reserved for law
enforcement officers. The transition course shall consist of
a minimum of 80 hours and shall be conducted at a Board
certified academy.
(Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)
Section 73. The Counties Code is amended by changing
Sections 3-2005, 3-3042, 3-10003, 3-12013, 3-13001, 4-2003,
5-1109, 5-23006, 5-23014, 5-32014, 5-32017, and 5-32030 as
follows:
(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
Sec. 3-2005. Bond. Each county clerk shall, before
entering upon the duties of his or her office, give bond (or,
if the county is self-insured, the county through its
self-insurance program may provide bonding) in such penalty
and with such security as the county board shall deem
sufficient, which bond shall be substantially in the
following form, and shall be recorded in full in the records
of his or her office, and when so recorded shall be deposited
with the clerk of the circuit court for safe keeping:
We, (A B) principal, and (C D), and (E F), sureties, all
of the county of ...., and State of Illinois, are obligated
to the People of the State of Illinois, in the penal sum of
$...., for the payment of which, we obligate ourselves, each
of us, our heirs, executors and administrators.
The condition of the above bond is such, that if the
above obligated (A B) shall perform all the duties which are
or may be required by law to be performed by him as county
clerk of the county of .... in the time and manner prescribed
or to be prescribed by law, and when he is succeeded in
office, shall surrender and deliver over to his or her
successor in office all books, papers, moneys, and other
things belonging to the county, and appertaining to his or
her office, then the above bond to be void; otherwise to
remain in full force.
Dated (insert date). 19
Signed and delivered in the presence of (G H).
Signature A B,
Signature C D,
Signature E F,
(Source: P.A. 88-387; revised 10-20-98.)
(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
Sec. 3-3042. Duties of deputies. Deputy coroners, duly
appointed and qualified, may perform any and all of the
duties of the coroner in the name of the coroner, and the
acts of such deputies shall be held to be acts of the
coroner.
(Source: P.A. 86-962; revised 10-31-98.)
(55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003)
Sec. 3-10003. Bond; form. Each County treasurer, before
he or she enters upon the duties of his or her office, shall
also execute a bond (or, if the county is self-insured, the
county through its self-insurance program may provide
bonding) in such penalty and with such security as the county
board shall deem sufficient, which bond in every county now
having or which may hereafter have a population of 500,000 or
more shall be in a penal sum of not less than $1,500,000.
Such bond shall be in substance in the following form to-wit:
We, (A.B.), principal, and (C.D. and E.F.), sureties, all
of the county of .... and State of Illinois, are obligated to
the People of the State of Illinois in the penal sum of
$...., for the payment of which, we obligate ourselves, each
of us, our heirs, executors and administrators, successors
and assigns.
The condition of the above bond is such, that if the
above obligated (A.B.) shall perform all the duties which are
or may be required by law to be performed by him or her, as
treasurer of the county of .... in the time and manner
prescribed or to be prescribed by law, and when he or she is
succeeded in office, shall surrender and deliver over to his
or her successor in office, all books, papers, moneys and
other things belonging to the county, and appertaining to his
or her office, except as hereinafter provided, then the above
bond to be void; otherwise to remain in full force.
It is expressly understood and intended that the
obligation of the above named sureties shall not extend to
any loss sustained by the insolvency, failure or closing of
any bank or trust company organized and operating under the
laws of this State or of the United States wherein the
principal has placed the funds in his custody or control, or
any part thereof.
Dated (insert date). 19
Signed and delivered in the presence of (G.H.)
A. B. .... (Signature)
C. D. .... (Signature)
E. F. .... (Signature)
The bond shall be filed with the county clerk on or
before the first Monday of December after such election.
(Source: P.A. 88-387; revised 10-20-98.)
(55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)
Sec. 3-12013. Violations; prosecution. Violations,
penalties, prosecutions. Any person who wilfully or through
culpable negligence violates this Division, or any
commission, examiner, agent or employee of the commission, or
any applicant who wilfully or through culpable negligence
violates any rule promulgated under this Division, shall be
punished by a fine of not less than $50 nor more than $1,000,
or by imprisonment in a penal institution other than the
penitentiary for a term not exceeding 6 months, or both.
All prosecutions for violations of this Division shall be
instituted and conducted by the State's Attorney of the
county where the offense occurred. In the case of conviction
under this Division, the office or position held by the
person convicted shall be considered vacant.
(Source: P.A. 86-962; revised 10-31-98.)
(55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)
Sec. 3-13001. Account of fees received by county
officers. Every county officer of counties of the first and
second classes who collects fees shall, in a book to be kept
for that purpose, keep a full, true and minute account of all
the fees and emoluments of his or her office, designating in
corresponding columns, the amount of all fees and emoluments
earned, and all payments received on account thereof, and
showing the name of each person or persons paying fees, and
the amount received from each person, and shall also keep an
account of all expenditures made by him or her on account of
clerk hire, stationery, fuel, and other expenses, for keeping
which book no fees shall be allowed to such officer.
Every such officer of counties of the first and second
classes, shall, on the first day of June and December of each
year, make to the chairman of the county boards, a return in
writing of all the fees and emoluments of his or her office,
of every name and character, which report shall show the
gross amount of the earnings of the office, and the total
amount of receipts of whatever name and character, and all
necessary expenses for clerk hire, stationery, fuel and other
expenses for the half year ending at the time of such report,
or the portion thereof.
The county boards, in counties of the first and second
class, shall carefully audit and examine such report, and
ascertain the exact balance of such fees, if any, held by any
such officer, and shall order that such officer shall pay
over such moneys to the county treasurer, whose receipt
therefor shall be evidence of the settlement, by such officer
of such report.
Every such report shall be signed and verified by the
affidavit of the officer making the same, which affidavit
shall be substantially of the following form:
"STATE OF ILLINOIS,
County of ....
I, ...., do solemnly swear, that the foregoing account
is, in all respects, just and true, according to my best
knowledge and belief; and that I have neither received,
directly or indirectly, nor directly or indirectly agreed to
receive or be paid, for my own or another's benefit, any
other moneys, article or consideration than therein stated.
........................
Signed and sworn to before me on (insert date). this ....
day of ...., 19.
......................."
(Source: P.A. 86-962; revised 10-20-98.)
(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003. Assistants. Where assistant State's
Attorneys are required in any county, the number of such
assistants shall be determined by the county board, and the
salaries of such assistants shall be fixed by the State's
Attorney subject to budgetary limitations established by the
county board and paid out of the county treasury in quarterly
annual installments, on the order of the county board on the
treasurer of said county. Such assistant State's Attorneys
are to be named by the State's Attorney of the county, and
when so appointed shall take the oath of office in the same
like manner as State's Attorneys, and shall be under the
supervision of the State's Attorney.
(Source: P.A. 86-962; 86-1303; revised 10-31-98.)
(55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109)
Sec. 5-1109. Assessment maps in counties of less than
1,000,000. The county board of any county having a
population of less than 1,000,000 inhabitants may whenever in
the opinion of the board it becomes necessary, retain the
services of a surveyor who shall be registered under the
provisions of the Illinois Professional Land Surveyor Act of
1989, as amended, or a person experienced in the preparation
of assessment maps or plats, to prepare assessment maps or
plats of all or any part of the real property in any or all
of the townships in such county. Such maps shall show each
separately assessed parcel of real estate together with the
area thereof. Subdivided property in recorded plats shall be
given the same designation as is contained in the plat
recorded, except that the surveyor may designate by letter or
number any assessed parcel within such recorded plat which
cannot be identified without describing it by metes and
bounds. Assessed parcels not within recorded plats shall be
designated by lot numbers or letters. The county board in
each county may make such further regulations concerning this
work as are deemed necessary. A copy of the books containing
such maps or plats shall be filed with the county assessor or
supervisor of assessments, with the recorder and with the
county clerk, and a copy of the maps or plats for each
township shall be filed with the assessor of such township,
all of whom shall maintain and preserve these copies subject
to the provisions of the Local Records Act, as amended. Upon
the filing of the books as aforesaid, the county clerk, the
township or county assessor, the supervisor of assessments,
the board of review, and all other persons whose duty it is
to assess property within the area covered by the maps,
shall, beginning with the next quadrennial assessment year as
set forth in Section 9-95 of the Property Tax Code, assess
the parcels of land by identifying them in accordance with
the description and designation set forth in such assessment
map or maps. All maps filed in accordance herewith shall be
designated as "Supervisors' Assessment Maps .... Township".
In any county adopting the provisions of this Section, a
surveyor, who shall be registered under the provisions of the
Illinois Professional Land Surveyor Act of 1989, as amended,
or a person experienced in the preparation of assessment maps
or plats, shall be retained by the county board and shall
prepare supplemental or correction maps showing all changes
in assessment descriptions made subsequent to the preceding
maps and prior to November 15 of the year preceding each
quadrennial assessment year. Supplemental or correction maps
shall be prepared only of those pages upon which corrections
or changes are to be made and shall conform to the original
maps filed except as to such changes. Copies of such
supplemental or correction maps or pages, properly indexed
and identified, shall be bound in one volume, if practical;
shall be filed in the same manner as is herein provided for
copies of the original maps; and shall be known as
"Supplemental Supervisors' Assessment Maps for the year
(insert year) 19..".
The expense of making such maps or plats and copies
thereof shall be borne by the county.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-20-98.)
(55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
Sec. 5-23006. Referendum; joint facilities. When 100
legal voters of any county shall present a petition, to the
County Board of such county asking that an annual tax may be
levied for the establishment and maintenance of a county
tuberculosis sanitarium in such county, such County Board
shall certify the proposition to the proper election
officials, who shall submit the proposition at an election in
accordance with the general election law. At such election
every elector may vote for or against the levy of a tax for
the establishment and maintenance of a county tuberculosis
sanitarium. The proposition shall be in substantially the
following form:
-------------------------------------------------------------
Shall an annual tax of not to
exceed .075 % of the value as YES
equalized or assessed by the
Department of Revenue for the -----------------------
establishment and maintenance of
a county tuberculosis sanitarium NO
be levied?
-------------------------------------------------------------
If a majority of all the votes cast upon the proposition
shall be for the levy of a tax for a county tuberculosis
sanitarium the County Board of such county shall thereafter
annually levy a tax of not to exceed .075 per cent of the
value, as equalized or assessed by the Department of Revenue,
which tax shall be collected in like manner with other
general taxes in such county and shall be known as the
"Tuberculosis Sanitarium Fund", and thereafter the County
Board of such county shall in the annual appropriation bill,
appropriate from such fund such sum or sums of money as may
be deemed necessary to defray all necessary expenses and
liabilities of such county tuberculosis sanitarium.
If a county has adopted a proposition for the levy of a
tax of not to exceed one mill on the dollar for a county
tuberculosis sanitarium such tax shall after January 1, 1946
be extended at a rate not to exceed .05 per cent of the
value, as equalized or assessed by the Department of Revenue,
but may be increased to not to exceed .075 per cent of the
value, as equalized or assessed by the Department of Revenue,
by ordering the submission of the proposition to increase
such tax to the voters of such county at any regular election
in accordance with the general election law; provided that if
a county has adopted, prior to January 1, 1946, a proposition
for the levy of a tax of not to exceed 1 1/2 mills on the
dollar for a county tuberculosis sanitarium, such tax shall
after January 1, 1946 be extended at a rate not to exceed
.075 per cent of the value, as equalized or assessed by the
Department of Revenue.
The foregoing limitations upon tax rates, insofar as they
are applicable to counties of less than 1,000,000 population,
may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
The County boards of any 2 or more adjoining counties
each having a population of less than 1,000,000 inhabitants
may hereafter by agreement provide for the joint
construction, maintenance and control of a tuberculosis
sanitarium. Such agreement shall specify the site of the
proposed sanitarium and the proportionate share of the cost
of construction and the cost of maintenance which shall be
borne by each of such counties. The proposition for such
joint construction, maintenance and control shall be
submitted to the voters of each such county at the next
succeeding regular election in such county and shall state
the proposed site of such sanitarium and the proportionate
share of the cost of construction and maintenance to be borne
by the respective counties concerned. Each county board shall
certify the proposition to the proper election officials who
shall submit the proposition at said election in accordance
with the general election law. If such proposition is
approved by a majority of the voters in each of such counties
voting upon the proposition, the presiding officer of the
county board of each county, with the advice and consent of
that county board, shall appoint 3 directors. The
qualifications, terms of office and removal of the directors
appointed in each such county shall be as provided in
Sections 5-23007 and 5-23008 and vacancies shall be filled in
the manner provided in Section 5-23009 5 hereof. The
directors so appointed by the several counties shall
constitute a joint board of directors for the control and
management of the tuberculosis sanitarium. The joint board
of directors shall exercise the powers and be subject to the
duties prescribed in this Division for boards of directors of
tuberculosis sanitaria. The county board of each of the
counties shall annually levy the tax herein provided, and may
issue bonds as provided in this paragraph, for the purpose of
defraying its proportionate share of the cost of construction
and maintenance of the tuberculosis sanitarium.
If any county shall issue bonds as hereinafter provided,
then so long as taxes are required to be levied and extended
to pay the principal of and interest on such bonds, the rate
extended in any year for the benefit of the tuberculosis
sanitarium fund shall be limited to the amount by which .075
per cent of the value, as equalized or assessed by the
Department of Revenue, exceeds the rate extended in such year
to pay such principal of and interest on such bonds.
(Source: P.A. 86-962; revised 10-31-98.)
(55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014)
Sec. 5-23014. Residence requirements. For the purposes
of this Division, a person is a resident of and entitled to
receive the benefits provided for in Section 5-23013 from the
county:
(a) in which he has resided for at least 3 months
or who has demonstrated the intent to become a resident
at the time he is first diagnosed as having tuberculosis,
or suspected of having tuberculosis, for the period from
the time of that diagnosis until his case becomes
inactive or he has resided outside of that county for 6
months, whichever first occurs;
(b) in which he has resided for at least 6 months
with a known case of tuberculosis after moving from the
county where the case was first diagnosed; or
(c) in which he has resided for at least 6 months
with a known, but inactive, case of tuberculosis which
subsequently is reactivated.
The board of directors may provide hospitalization to any
person afflicted with tuberculosis regardless of his
residence.
A person suffering from tuberculosis who does not meet
the residency requirements under paragraph (a), (b) or (c) of
this Section may be hospitalized in a tuberculosis sanitarium
maintained by the Department of Public Health.
The board of directors shall provide out-patient
diagnostic, treatment and observation services to all persons
residing in its county regardless of the length of time of
that residence.
(Source: P.A. 86-962; revised 10-31-98.)
(55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
Sec. 5-32014. Special assessment notice. The Committee
in addition to the notice in this Division provided for shall
publish a notice at least twice not more than 30 days nor
less than 15 days in advance of the time at which the
confirmation of the specified assessment is to be sought, in
one or more newspapers published in the county or if no
newspaper is published therein then in one or more newspapers
with a general circulation in the county. The notice shall
be over the name of the levying officer and shall be
substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the
County of .... has order that (herein insert a brief
description of the nature of the improvement), the ordinance
for the improvement being on file in the office of the County
Clerk, having applied to the Circuit Court of .... County,
for an assessment of the costs of the improvement according
to benefits an assessment therefor having been made and
returned to that Court, a final hearing thereon will be had
on (insert date), the .... day of ...., 19.., or as soon
thereafter as the business of the Court will permit.
All persons desiring may file objections in that Court
before that day and may appear on the hearing and make their
defense. (Here give date)
NAME
.... (LEVYING OFFICER).")
The number of installments and the rate of interest also
shall be stated.
(Source: P.A. 86-962; revised 10-20-98.)
(55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
Sec. 5-32017. Inquiries; powers of court. Upon
objections or motions for that purpose, the court in which
the specified proceeding proceedings is pending may inquire
in a summary way whether the officer making roll has omitted
any property benefited, and whether or not the assessment as
made and returned is an equitable and just distribution of
the cost of the improvement among the parcels of property
assessed. The court has the power upon such application
being made, to revise and correct the assessment levied or to
change the manner of distribution among the parcels of
private property, so as to produce a just and equitable
assessment. The court may either make such corrections or
change or determine in general the manner in which the
corrections or changes shall be made and refer the assessment
roll back to the levying officer for revisions, corrections
or alterations in such manner as the court may determine.
(Source: P.A. 86-962; revised 10-31-98.)
(55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
Sec. 5-32030. Notice by collector. The collector, or
some person designated by him and under his direction,
receiving such a warrant shall give notice thereof within 10
days by publishing a notice once each week for 2 successive
weeks in one or more newspapers published in the county or if
no newspaper is published therein then in one or more
newspapers with a general circulation in the county. This
notice shall be in the form substantially as follows:
SPECIAL ASSESSMENT NOTICE
Special Warrant No.
NOTICE: Publication is hereby given that the (here insert
title of court) has rendered judgment for a special
assessment upon property benefited by the following
improvement: (here describe the character, and location of
the improvement in general terms) as will more fully appear
from the certified copy of the judgment on file in my office;
that the warrant for the collection of this assessment is in
my possession. All persons interested are hereby notified to
call and pay the amount assessed at the collector's office
(here insert location of office) within 30 days from the date
hereof.
Dated (insert date). this .... day of ...., 19...
When such an assessment is levied to be paid in
installments, the notice shall contain also the amount of
each installment, the rate of interest deferred installments
bear and the date when payable.
The collector or some person designated by him and under
his direction, into whose possession the warrant comes shall
by written or printed notice, mailed to all persons whose
names appear on the assessment roll inform them of the
special assessment and request payment thereof.
Any collector omitting to do so is liable to a penalty of
$10 for any such omission, but the validity of the special
assessment or the right to apply for and obtain judgment
thereon is not affected by such an omission. It is the duty
of such collector to write the word "Paid" opposite each
tract or lot on which the assessment is paid, together with
the name and post office address of the person making the
payment and the date of the payment.
(Source: P.A. 86-962; revised 10-20-98.)
Section 74. The Township Code is amended by changing
Section 235-5 as follows:
(60 ILCS 1/235-5)
Sec. 235-5. Township taxes for various purposes. The
township board may raise money, by taxation not exceeding the
rates established in Section 235-10, for the following
purposes:
(1) Prosecuting or defending suits by or against
the township or in which the township is interested.
(2) Maintaining cemeteries under the control,
management, and ownership of the township and
controlling, managing, and maintaining public cemeteries
not operated for profit, notwithstanding the provisions
of Section 1c of the Public Graveyards Act.
(3) Maintaining and operating a public nonsectarian
hospital under Article 175. This authorization does not
apply to any township that avails itself of the
provisions of Article 170.
(4) Maintaining and operating a township committee
on youth under Section 215-5.
(5) Providing mental health services under Section
190-10.
(6) Providing services in cooperation with another
governmental entity, not-for-profit corporation, or
nonprofit community service association under Section
85-13 165-5.
(7) Maintaining and operating a township committee
for senior citizens' services under Section 220-10.
(8) Maintaining and operating a township health
service that may provide, but is not required to provide
or limited to providing, examination, diagnosis, testing,
and inoculation and all necessary and appurtenant
personnel, equipment, and insurance.
(9) Any other purpose authorized by law.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
12-2-94; revised 10-30-98.)
Section 75. The Illinois Municipal Code is amended by
changing Sections 3.1-10-50, 7-1-26, 8-2-9.3, 9-2-53, 9-2-79,
9-2-94, 9-2-119, 9-3-33, 11-31-1, 11-74.4-5, 11-74.5-1,
11-76.1-4, 11-89-2, 11-90-4, 11-111-3, 11-121-7, and 11-129-7
and renumbering Division 11-74.5-1 as follows:
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Vacancies.
(a) A municipal officer may resign from office. A
vacancy occurs in an office by reason of resignation, failure
to elect or qualify (in which case the incumbent shall remain
in office until the vacancy is filled), death, permanent
physical or mental disability rendering the person incapable
of performing the duties of his or her office, conviction of
a disqualifying crime, abandonment of office, removal from
office, or removal of residence from the municipality or, in
the case of aldermen of a ward or trustees of a district,
removal of residence from the ward or district, as the case
may be. An admission of guilt of a criminal offense that
would, upon conviction, disqualify the municipal officer from
holding that office, in the form of a written agreement with
State or federal prosecutors to plead guilty to a felony,
bribery, perjury, or other infamous crime under State or
federal law, shall constitute a resignation from that office,
effective at the time the plea agreement is made. For
purposes of this Section, a conviction for an offense that
disqualifies the municipal officer from holding that office
shall occur on the date of the return of a guilty verdict or,
in the case of a trial by the court, the entry of a finding
of guilt.
(b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at
least 130 days before the general municipal election next
scheduled under the general election law, the vacancy shall
be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper
election authorities as provided in the general election law.
If the vacancy is in the office of mayor, the city council
shall elect one of their members acting mayor; if the vacancy
is in the office of president, the vacancy shall be filled by
the appointment by the trustees of an acting president from
the members of the board of trustees. In villages with a
population of less than 5,000, if each of the members of the
board of trustees either declines the appointment as acting
president or is not approved for the appointment by a
majority vote of the trustees presently holding office, then
the board of trustees may appoint as acting president any
other village resident who is qualified to hold municipal
office. The acting mayor or acting president shall perform
the duties and possess all the rights and powers of the mayor
or president until a successor to fill the vacancy has been
elected and has qualified. If the vacancy is in any other
elective municipal office, then until the office is filled by
election, the mayor or president shall appoint a qualified
person to the office subject to the advice and consent of the
city council or trustees.
(c) In a 2 year term, or if the vacancy occurs later
than the time provided in subsection (b) in a 4 year term, a
vacancy in the office of mayor shall be filled by the
corporate authorities electing one of their members acting
mayor; if the vacancy is in the office of president, the
vacancy shall be filled by the appointment by the trustees of
an acting president from the members of the board of
trustees. In villages with a population of less than 5,000,
if each of the members of the board of trustees either
declines the appointment as acting president or is not
approved for the appointment by a majority vote of the
trustees presently holding office, then the board of trustees
may appoint as acting president any other village resident
who is qualified to hold municipal office. The acting mayor
or acting president shall perform the duties and possess all
the rights and powers of the mayor or president until a mayor
or president is elected at the next general municipal
election and has qualified. A vacancy in any elective office
other than mayor or president shall be filled by appointment
by the mayor or president, with the advice and consent of the
corporate authorities.
(d) Municipal officers appointed or elected under this
Section shall hold office until their successors are elected
and have qualified.
(e) An appointment to fill a vacancy in the office of
alderman shall be made within 60 days after the vacancy
occurs. The requirement that an appointment be made within
60 days 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 require that an appointment be made
within a different period after the vacancy occurs.
(Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98;
revised 9-16-98.)
(65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
Sec. 7-1-26. Any territory containing 60 acres or less
lying along one or both sides of the boundary line between 2
adjoining municipalities, and contiguous to a third
municipality may be excluded from one or both of the
adjoining municipalities and annexed to the third contiguous
municipality, as follows:
The corporate authorities of the excluding municipalities
or municipality shall, by majority vote of the corporate
authorities then holding office, adopt an ordinance providing
for such exclusion, and the corporate authorities of the
annexing municipality shall adopt an ordinance providing for
the annexation of this territory. Upon the adoption of these
ordinances, the territory is thereby excluded from the
excluding municipalities and added to the annexing
municipality. The chief executive officer of each
municipality thereupon shall file for recordation an accurate
map of the excluded or added territory, as the case may be,
together with a certified copy of the ordinance for exclusion
or annexation with the recorder of the county in which the
excluded or added territory, as the case may be, is situated.
The ordinance shall be published in a newspaper of general
circulation in the excluding and annexing municipalities and
shall contain a notice of (1) the specific number of voters
required to sign a petition requesting the question of
disconnection and annexation to be submitted to the electors;
(2) the time in which such petition must be filed; and (3)
the date of the prospective referendum. The clerks of the
municipalities in which the territory is sought to be
disconnected or annexed shall provide a petition form to any
individual requesting one.
Whenever any disconnection and annexation shall be
effected as provided in this Section any taxpayer in such
area disconnected and annexed may, within 10 days after
adoption of the annexing ordinance, file with the clerk of
the circuit court in the county wherein the disconnected and
annexed area is located a petition signed by not less than
10% or 100, whichever is lesser, of the electors of the area
disconnected and annexed, requesting the submission to a
referendum of the following proposition: "Shall the territory
(here describe it) be disconnected from the municipality of
.... and annexed to the municipality of ....?"
The circuit court, if it finds the petition to be in
conformity with law, shall order that the proposition be
submitted at an election to be conducted in accordance with
the general election law. The clerk of the circuit court
shall certify the proposition to the proper election
authority for submission. If a majority of the voters voting
on the proposition vote in favor thereof, such disconnection
and annexation shall be valid and binding. If a majority of
the vote is against such proposition the disconnection
ordinance adopted by the disconnecting municipality and the
annexation ordinance adopted by the annexing municipality
shall be void.
(Source: P.A. 83-358; revised 10-31-98.)
(65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3)
Sec. 8-2-9.3. The municipal budget officer shall compile
a budget, such budget to contain estimates of revenues
available to the municipality for the fiscal year for which
the budget is drafted, together with recommended expenditures
for the municipality and all of the municipality's
departments, commissions, and boards. Revenue estimates and
expenditure recommendations shall be presented in a manner
which is in conformity with good fiscal management practices.
Substantial conformity to a chart of accounts, now or in the
future, recommended by the National Committee on Governmental
Accounting, (or) the Auditor of Public Accounts of the State
of Illinois, or the Division of Local Governmental Affairs
and Property Taxes of the Department of Revenue of the State
of Illinois or successor agencies shall be deemed proof of
such conformity. The budget shall contain actual or estimated
revenues and expenditures for the two years immediately
preceding the fiscal year for which the budget is prepared.
So far as is possible, the fiscal data for such two preceding
fiscal years shall be itemized in a manner which is in
conformity with the chart of accounts approved above. Each
budget shall show the specific fund from which each
anticipated expenditure shall be made.
(Source: P.A. 76-1117; revised 10-31-98.)
(65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53)
Sec. 9-2-53. Petitioner, in addition to other notices
hereinbefore provided for, shall publish a notice at least
twice, not more than 30 nor less than 15 days in advance of
the time at which confirmation of the specified assessment is
to be sought, in one or more newspapers published in the
municipality or, if no newspaper is published therein, then
in one or more newspapers with a general circulation within
the municipality. In municipalities with less than 500
population in which no newspaper is published, publication
may be made by posting a notice in 3 prominent places within
the municipality. The notice shall be over the name of the
officer levying the assessment, and shall be substantially as
follows:
"SPECIAL ASSESSMENT NOTICE"
"Notice is hereby given to all persons interested that
the city council (or board of trustees, or other corporate
authority, as the case may be) of .... having ordered that
(here insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file
in the office of the .... clerk, having applied to the ....
court of .... county for an assessment of the costs of the
improvement, according to benefits, and an assessment
therefor having been made and returned to that court, the
final hearing thereon will be had on (insert date), the ....
day of ...., 19.., or as soon thereafter as the business of
the court will permit. All persons desiring may file
objections in that court before that day and may appear on
the hearing and make their defense."
(Here give date.)
.....
Where the assessment is payable in installments, the
number of installments and the rate of interest also shall be
stated.
(Source: Laws 1961, p. 576; revised 10-20-98.)
(65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79)
Sec. 9-2-79. The collector receiving such a warrant
shall give notice thereof within 10 days by publishing a
notice once each week for 2 successive weeks in one or more
newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a
general circulation within the municipality. In
municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by
posting a notice in 3 prominent places within the
municipality. This notice may be substantially in the
following form:
"SPECIAL ASSESSMENT NOTICE
Special Warrant, No. ....
Notice: Publication is hereby given that the (here insert
title of court) has rendered judgment for a special
assessment (or special tax) upon property benefited by the
following improvement: (here describe the character and
location of the improvement in general terms) as will more
fully appear from the certified copy of the judgment on file
in my office; that the warrant for the collection of this
assessment (or special tax) is in my possession. All persons
interested are hereby notified to call and pay the amount
assessed at the collector's office (here insert location of
office) within 30 days from the date hereof.
Dated (insert date). this .... day of .... 19...
.... (Collector)."
When such an assessment or special tax is levied to be
paid in installments, the notice shall contain also the
amount of each installment, the rate of interest deferred
installments bear, and the date when payable.
(Source: Laws 1961, p. 576; revised 10-20-98.)
(65 ILCS 5/9-2-94) (from Ch. 24, par. 9-2-94)
Sec. 9-2-94. In counties having a population of 500,000
or more, the city comptroller or other officer designated and
authorized by the corporate authorities of any municipality
which levies any special assessment has the power to collect
the amounts due on tracts or lots which have been forfeited
or withdrawn from sale, and the interest and penalties due
thereon, based upon an estimate of the cost of redemption
computed by the county clerk and at a rate to be fixed by the
corporate authorities as to the interest and penalties
thereon, and he shall issue a receipt therefor. However, the
corporate authorities may authorize the municipal officer to
waive the penalties for the first year in excess of 7%. The
person receiving this receipt shall file it with the county
clerk.
Upon the presentation of such a receipt, the county clerk
shall issue to the person a certificate of cancellation
setting forth a description of the property, the special
assessment warrant, and installment, and the amount received
by the municipal officer, and this certificate of
cancellation shall be evidence of the redemption of the
property therein described. The form of such a certificate of
redemption for filing with the county clerk shall be
substantially as follows: Receipt of Deposit for Redemption.
Volume .... Page ....
State of Illinois Office of (give title of
County of Cook municipal office)
I, (here give name, title of municipal officer), of the
(give name of city, village, or incorporated town), do hereby
certify that on (insert date), the .... day of .... 19..,
.... deposited in this office .... Dollars for the redemption
of .... (describe property) .... which .... withdrawn or
forfeited by the collector of this county on (insert date)
the .... day of .... 19.. for the nonpayment of ....
installment of special assessment warrant.
You are hereby authorized and ordered to cancel from the
records and files in your office that withdrawal or
forfeiture, and issue your certificate of redemption and
cancellation.
(insert date). .... day of .... 19..
(insert name of city, village, or incorporated town).
By .... (proper officer).
(Source: P.A. 82-1013; revised 10-20-98.)
(65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)
Sec. 9-2-119. For the purpose of anticipating the
collection of the second and succeeding installments,
provided for in this Division 2, a municipality may issue
bonds, payable out of these installments, bearing interest at
a rate specified in the ordinance referred to in Section
2-9-10 of the Illinois Municipal Code and not more than the
rate the installments of the assessment against which the
bonds are issued bear, payable annually and signed by such
officers as may be by ordinance prescribed. Bonds shall be
issued in sums of $100, or some multiple thereof, and shall
be dated and draw interest from the date of their issuance.
Each bond shall state on its face out of which installment it
is payable, and shall state, by number or other designation,
the assessment to which that installment belongs. The
principal of these bonds shall not exceed, in the aggregate,
the amount of the deferred installments, and shall be divided
into as many series as there are deferred installments.
However, if there is a surplus to the credit of any such
installment which is not required for the payment of any
vouchers or bonds issued against that installment, that
surplus shall be applied toward the payment of any
outstanding vouchers or bonds already issued or to be issued,
as the case may be, against any other installment or
installments.
Each series shall become due at some time in the year in
which the corresponding installment will mature, the date to
conform, as nearly as may be, to the time when that
installment will be actually collected. This time shall be
estimated and determined by the municipal officers issuing
the bonds. But it is lawful to provide in the case of any one
or more of the bonds in any series, that that bond or bonds
shall not become due until some subsequent date, not later
than December 31 next succeeding the January in which the
installment against which that series is issued will mature.
The bonds may be in the following form:
State of Illinois)
) ss
County of .......)
$............................ Series No. ...................
Bond No. .....................
............................. of ...........................
Improvement Bond
The .... of .... in .... County, Illinois, for value
received, promises to pay to the bearer on (insert date) the
.... day of .... A.D. ...., the sum of .... dollars, with
interest thereon from date hereof, at the rate of ....%,
payable annually on presentation of the coupons hereto
annexed.
Both principal and interest of this bond are payable at
the office of the treasurer of said .... of .....
This bond is issued to anticipate the collection of a
part of the .... installment of special assessment No. ....
levied for the purpose of .... which installment bears
interest from (insert date), the .... day of .... 19.. and
this bond and the interest thereon are payable solely out of
the installment when collected.
Dated (insert date). this .... day of ...., 19...
The bond may have coupons attached to represent the
interest to accrue thereon.
In lieu of the bonds described in this Section, a
municipality may issue bonds of the type described in Section
9-2-127, but all bonds issued under any one special
assessment proceeding must be of the same type.
This amendatory Act of 1971 is not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 82-642; revised 10-20-98.)
(65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33)
Sec. 9-3-33. If upon final settlement with the contractor
for the construction of any improvement and after paying all
costs of levying, collecting and making the assessment, which
amount shall not under any circumstances exceed 12% of the
estimated contract price, and all bonds and interest thereon
issued, as in this Division 3 provided, except those bonds
and interest coupons not presented for payment, although
called and for which funds are available and reserved, within
the period of time specified in Section 9-1-5, there shall be
any surpluses remaining in the special assessment fund, the
corporate authorities of such municipality shall at once
cause a rebate to be declared upon each lot, tract or parcel
of real estate assessed of its pro rata proportion of such
surplus. Such rebate shall be paid to the owner of record of
each such lot, block, tract or parcel at the time of the
declaration of the rebate. Should any additional funds be
collected after the original rebate is declared, the
municipality shall not be required to declare a supplemental
rebate for 5 years from the date the original rebate is
declared. The municipality may deduct for its costs and
expenses for declaring and making any rebate not more than 5%
of the amount declared to be rebated. All surpluses shall
remain in the special assessment fund until after full
payment of all bonds and vouchers issued in anticipation of
the collection of the assessment, and there shall be no
rebate until all such bonds and vouchers have been paid in
full, both as to principal principle and interest, except
those bonds and interest coupons not presented for payment,
although called and for which funds are available and
reserved, within the period of time specified in Section
9-1-5. The corporate authorities shall cause to be kept and
exhibited publicly in the office of the clerk of such
municipality, an index of all special assessment accounts or
warrants upon which a rebate is due and payable and upon
proper proofs the same shall be repaid to the persons
entitled thereto.
(Source: Laws 1963, p. 2431; revised 10-31-98.)
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or
remediation.
(a) The corporate authorities of each municipality may
demolish, repair, or enclose or cause the demolition, repair,
or enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the
municipality and may remove or cause the removal of garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials from those buildings. In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise
those powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the territory of
any city, village, or incorporated town having less than
50,000 population.
The corporate authorities shall apply to the circuit
court of the county in which the building is located (i) for
an order authorizing action to be taken with respect to a
building if the owner or owners of the building, including
the lien holders of record, after at least 15 days' written
notice by mail so to do, have failed to put the building in a
safe condition or to demolish it or (ii) for an order
requiring the owner or owners of record to demolish, repair,
or enclose the building or to remove garbage, debris, and
other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the
cause of action that the building is boarded up or otherwise
enclosed, although the court may order the defendant to have
the building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits. Any person entitled to bring an action
under subsection (b) shall have the right to intervene in an
action brought under this Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a lien
holder of record, including court costs, attorney's fees, and
other costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the municipality,
the lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the municipality, the lien holder
of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the municipality, the person in whose name the
lien has been filed, or the assignee of the lien, and the
release may be filed of record as in the case of filing
notice of lien. Unless the lien is enforced under subsection
(c), the lien may be enforced by foreclosure proceedings as
in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An
action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court
costs, reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
If the appropriate official of any municipality
determines that any dangerous and unsafe building or
uncompleted and abandoned building within its territory
fulfills the requirements for an action by the municipality
under the Abandoned Housing Rehabilitation Act, the
municipality may petition under that Act in a proceeding
brought under this subsection.
(b) Any owner or tenant of real property within 1200
feet in any direction of any dangerous or unsafe building
located within the territory of a municipality with a
population of 500,000 or more may file with the appropriate
municipal authority a request that the municipality apply to
the circuit court of the county in which the building is
located for an order permitting the demolition, removal of
garbage, debris, and other noxious or unhealthy substances
and materials from, or repair or enclosure of the building in
the manner prescribed in subsection (a) of this Section. If
the municipality fails to institute an action in circuit
court within 90 days after the filing of the request, the
owner or tenant of real property within 1200 feet in any
direction of the building may institute an action in circuit
court seeking an order compelling the owner or owners of
record to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other
noxious or unhealthy substances and materials removed from,
repaired, or enclosed the building in question. A private
owner or tenant who institutes an action under the preceding
sentence shall not be required to pay any fee to the clerk of
the circuit court. The cost of repair, removal, demolition,
or enclosure shall be borne by the owner or owners of record
of the building. In the event the owner or owners of record
fail to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court
entered its order, the owner or tenant who instituted the
action may request that the court join the municipality as a
party to the action. The court may order the municipality to
demolish, remove materials from, repair, or enclose the
building, or cause that action to be taken upon the request
of any owner or tenant who instituted the action or upon the
municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to
demolish, remove materials from, repair, or enclose a
building, or cause that action to be taken, shall not
preclude the court from adjudging the owner or owners of
record of the building in contempt of court due to the
failure to comply with the order to demolish, remove garbage,
debris, and other noxious or unhealthy substances and
materials from, repair, or enclose the building.
If a municipality or a person or persons other than the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and materials, repair, or enclosure pursuant to a court
order, the cost, including court costs, attorney's fees, and
other costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate and
is a lien on the real estate; the lien is superior to all
prior existing liens and encumbrances, except taxes, if,
within 180 days after the repair, removal, demolition, or
enclosure, the municipality or the person or persons who paid
the costs of demolition, removal, repair, or enclosure shall
file a notice of lien of the cost and expense incurred in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of the county if
the real estate affected is registered under the Registered
Titles (Torrens) Act. The notice shall be in a form as is
provided in subsection (a). An owner or tenant who
institutes an action in circuit court seeking an order to
compel the owner or owners of record to demolish, remove
materials from, repair, or enclose any dangerous or unsafe
building, or to cause that action to be taken under this
subsection may recover court costs and reasonable attorney's
fees for instituting the action from the owner or owners of
record of the building. Upon payment of the costs and
expenses by the owner of or a person interested in the
property after the notice of lien has been filed, the lien
shall be released by the municipality or the person in whose
name the lien has been filed or his or her assignee, and the
release may be filed of record as in the case of filing a
notice of lien. Unless the lien is enforced under subsection
(c), the lien may be enforced by foreclosure proceedings as
in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An
action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court
costs, reasonable attorneys' fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
All liens arising under the terms of this subsection (b)
shall be assignable. The assignee of the lien shall have the
same power to enforce the lien as the assigning party, except
that the lien may not be enforced under subsection (c).
(c) In any case where a municipality has obtained a lien
under subsection (a), (b), or (f), the municipality may
enforce the lien under this subsection (c) in the same
proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (c) shall petition the court to retain
jurisdiction for foreclosure proceedings under this
subsection. Notice of the petition shall be served, by
certified or registered mail, on all persons who were served
notice under subsection (a), (b), or (f). The court shall
conduct a hearing on the petition not less than 15 days after
the notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it
shall grant the petition and retain jurisdiction over the
matter until the foreclosure proceeding is completed. The
costs of foreclosure incurred by the municipality, including
court costs, reasonable attorneys' fees, advances to preserve
the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the
real estate and are recoverable by the municipality from the
owner or owners of the real estate. If the court denies the
petition, the municipality may enforce the lien in a separate
action as provided in subsection (a), (b), or (f).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (c), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the
circuit court to have property declared abandoned under this
subsection (d) if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The municipality, however, may proceed under this
subsection in a proceeding brought under subsection (a) or
(b). Notice of the petition shall be served by certified or
registered mail on all persons who were served notice under
subsection (a) or (b).
If the municipality proves that the conditions described
in this subsection exist and the owner of record of the
property does not enter an appearance in the action, or, if
title to the property is held by an Illinois land trust, if
neither the owner of record nor the owner of the beneficial
interest of the trust enters an appearance, the court shall
declare the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the municipality unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the
municipality may amend its complaint in order to initiate
proceedings under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the municipality of all
costs incurred by the municipality in connection with the
action, including but not limited to court costs, attorney's
fees, administrative costs, the costs, if any, associated
with building enclosure or removal, and receiver's
certificates. The interest in the property so conveyed shall
be subject to all liens and encumbrances on the property. In
addition, if the interest is conveyed to a person holding a
certificate of purchase for the property under the Property
Tax Code, the conveyance shall be subject to the rights of
redemption of all persons entitled to redeem under that Act,
including the original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the municipality may petition
the court to issue a judicial deed for the property to the
municipality. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(e) Each municipality may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential or commercial building is 3 stories or
less in height as defined by the municipality's building
code, and the corporate official designated to be in charge
of enforcing the municipality's building code determines that
the building is open and vacant and an immediate and
continuing hazard to the community in which the building is
located, then the official shall be authorized to post a
notice not less than 2 feet by 2 feet in size on the front of
the building. The notice shall be dated as of the date of
the posting and shall state that unless the building is
demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the municipality.
Not later than 30 days following the posting of the
notice, the municipality shall do both of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a notice to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders
of record in the property, stating the intent of the
municipality to demolish, repair, or enclose the building
or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that
action is not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the municipality where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the municipality
intends to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if the owner or
owners or lienholders of record fail to do so. This
notice shall be published for 3 consecutive days.
A person objecting to the proposed actions of the
corporate authorities may file his or her objection in an
appropriate form in a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the corporate authorities shall
have the power to demolish, repair, or enclose the building
or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The municipality may proceed to demolish, repair, or
enclose a building or remove any garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection within a 120-day period following the
date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal
of any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials is necessary to remedy the
immediate and continuing hazard. If, however, before the
municipality proceeds with any of the actions authorized by
this subsection, any person has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the municipality,
then the municipality shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other
substances until the court determines that that action is
necessary to remedy the hazard and issues an order
authorizing the municipality to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the municipality may file a notice of
lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act. The notice of lien shall consist of a sworn
statement setting forth (i) a description of the real estate,
such as the address or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the municipality in undertaking the remedial actions
authorized under this subsection; (iii) the date or dates the
expenses were incurred by the municipality; (iv) a statement
by the corporate official responsible for enforcing the
building code that the building was open and vacant and
constituted an immediate and continuing hazard to the
community; (v) a statement by the corporate official that the
required sign was posted on the building, that notice was
sent by certified mail to the owners of record, and that
notice was published in accordance with this subsection; and
(vi) a statement as to when and where the notice was
published. The lien authorized by this subsection may
thereafter be released or enforced by the municipality as
provided in subsection (a).
(f) The corporate authorities of each municipality may
remove or cause the removal of, or otherwise environmentally
remediate hazardous substances on, in, or under any abandoned
and unsafe property within the territory of a municipality.
In addition, where preliminary evidence indicates the
presence or likely presence of a hazardous substance or a
release or a substantial threat of a release of a hazardous
substance on, in, or under the property, the corporate
authorities of the municipality may inspect the property and
test for the presence or release of hazardous substances. In
any county having adopted by referendum or otherwise a county
health department as provided by Division 5-25 of the
Counties Code or its predecessor, the county board of that
county may exercise the above-described powers with regard to
property within the territory of any city, village, or
incorporated town having less than 50,000 population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
property, whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2
or more years;
(B) the property is unoccupied by persons
legally in possession; and
(3) "unsafe" means property that presents an actual
or imminent threat to public health and safety caused by
the release of hazardous substances; and
(4) "hazardous substances" means the same as in
Section 3.14 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit
court of the county in which the property is located (i) for
an order allowing the municipality to enter the property and
inspect and test substances on, in, or under the property; or
(ii) for an order authorizing the corporate authorities to
take action with respect to remediation of the property if
conditions on the property, based on the inspection and
testing authorized in paragraph (i), indicate the presence of
hazardous substances. Remediation shall be deemed complete
for purposes of paragraph (ii) above when the property
satisfies Tier I, II, or III remediation objectives for the
property's most recent usage, as established by the
Environmental Protection Act, and the rules and regulations
promulgated thereunder. Where, upon diligent search, the
identity or whereabouts of the owner or owners of the
property, including the lien holders of record, is not
ascertainable, notice mailed to the person or persons in
whose name the real estate was last assessed is sufficient
notice under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence
indicating the presence or likely presence of a hazardous
substance or a release of or a substantial threat of a
release of a hazardous substance on, in, or under abandoned
property. The preliminary evidence may include, but is not
limited to, evidence of prior use, visual site inspection, or
records of prior environmental investigations. The testing
authorized by paragraph (i) above shall include any type of
investigation which is necessary for an environmental
professional to determine the environmental condition of the
property, including but not limited to performance of soil
borings and groundwater monitoring. The court shall grant a
remediation order under paragraph (ii) above where testing of
the property indicates that it fails to meet the applicable
remediation objectives. The hearing upon the application to
the circuit court shall be expedited by the court and shall
be given precedence over all other suits.
The cost of the inspection, testing, or remediation
incurred by the municipality or by a lien holder of record,
including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is a lien on the
real estate; except that in any instances where a
municipality incurs costs of inspection and testing but finds
no hazardous substances on the property that present an
actual or imminent threat to public health and safety, such
costs are not recoverable from the owners nor are such costs
a lien on the real estate. The lien is superior to all prior
existing liens and encumbrances, except taxes and any lien
obtained under subsection (a) or (e), if, within 180 days
after the completion of the inspection, testing, or
remediation, the municipality or the lien holder of record
who incurred the cost and expense shall file a notice of lien
for the cost and expense incurred in the office of the
recorder in the county in which the real estate is located or
in the office of the registrar of titles of the county if the
real estate affected is registered under the Registered
Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(i) a description of the real estate sufficient for its
identification, (ii) the amount of money representing the
cost and expense incurred, and (iii) the date or dates when
the cost and expense was incurred by the municipality or the
lien holder of record. Upon payment of the lien amount by
the owner of or persons interested in the property after the
notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien
has been filed, or the assignee of the lien, and the release
may be filed of record as in the case of filing notice of
lien.
The lien may be enforced under subsection (c) or by
foreclosure proceedings as in the case of mortgage
foreclosures under Article XV of the Code of Civil Procedure
or mechanics' lien foreclosures; provided that where the lien
is enforced by foreclosure under subsection (c) or under
either statute, the municipality may not proceed against the
other assets of the owner or owners of the real estate for
any costs that otherwise would be recoverable under this
Section but that remain unsatisfied after foreclosure except
where such additional recovery is authorized by separate
environmental laws. An action to foreclose this lien may be
commenced at any time after the date of filing of the notice
of lien. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorney's
fees, advances to preserve the property, and other costs
related to the enforcement of this subsection, plus statutory
interest, are a lien on the real estate.
All liens arising under this subsection (f) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
(Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. (a) Prior to the adoption of an ordinance
proposing the designation of a redevelopment project area, or
approving a redevelopment plan or redevelopment project, the
municipality by its corporate authorities, or as it may
determine by any commission designated under subsection (k)
of Section 11-74.4-4 shall adopt an ordinance or resolution
fixing a time and place for public hearing. Prior to the
adoption of the ordinance or resolution establishing the time
and place for the public hearing, the municipality shall make
available for public inspection a redevelopment plan or a
separate report that provides in reasonable detail the basis
for the redevelopment project area qualifying as a blighted
area, conservation area, or an industrial park conservation
area. The report along with the name of a person to contact
for further information shall be sent within a reasonable
time after the adoption of such ordinance or resolution to
the affected taxing districts by certified mail. At the
public hearing any interested person or affected taxing
district may file with the municipal clerk written objections
to and may be heard orally in respect to any issues embodied
in the notice. The municipality shall hear and determine all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a
motion to be entered upon the minutes fixing the time and
place of the subsequent hearing. Prior to the adoption of an
ordinance approving a redevelopment plan or redevelopment
project, or designating a redevelopment project area, changes
may be made in the redevelopment plan or project or area
which changes do not alter the exterior boundaries, or do not
substantially affect the general land uses established in the
plan or substantially change the nature of the redevelopment
project, without further hearing or notice, provided that
notice of such changes is given by mail to each affected
taxing district and by publication in a newspaper or
newspapers of general circulation within the taxing districts
not less than 10 days prior to the adoption of the changes
by ordinance. After the adoption of an ordinance approving a
redevelopment plan or project or designating a redevelopment
project area, no ordinance shall be adopted altering the
exterior boundaries, affecting the general land uses
established pursuant to the plan or changing the nature of
the redevelopment project without complying with the
procedures provided in this division pertaining to the
initial approval of a redevelopment plan project and
designation of redevelopment project area. Hearings with
regard to a redevelopment project area, project or plan may
be held simultaneously.
(b) After the effective date of this amendatory Act of
1989, prior to the adoption of an ordinance proposing the
designation of a redevelopment project area or amending the
boundaries of an existing redevelopment project area, the
municipality shall convene a joint review board to consider
the proposal. The board shall consist of a representative
selected by each community college district, local elementary
school district and high school district or each local
community unit school district, park district, library
district and county that has authority to directly levy taxes
on the property within the proposed redevelopment project
area, a representative selected by the municipality and a
public member. The public member and the board's chairperson
shall be selected by a majority of other board members.
Municipalities that have designated redevelopment project
areas prior to the effective date of this amendatory Act of
1989 may convene a joint review board to perform the duties
specified under paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting held within 14 days following the notice by the
municipality to all the taxing districts as required by
Section 11-74.4-6(c) 11-74.4-6c. Such notice shall also
advise the taxing bodies represented on the joint review
board of the time and place of the first meeting of the
board. Additional meetings of the board shall be held upon
the call of any member. The municipality seeking designation
of the redevelopment project area may provide administrative
support to the board.
The board shall review the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project to be adopted by the municipality. As part
of its deliberations, the board may hold additional hearings
on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation which recommendation
shall be adopted by a majority vote of the board and
submitted to the municipality within 30 days after convening
of the board. Failure of the board to submit its report on a
timely basis shall not be cause to delay the public hearing
or any other step in the process of establishing or amending
the redevelopment project area.
The board shall base its decision to approve or deny the
proposal on the basis of the area satisfying the eligibility
criteria defined in Section 11-74.4-3.
The board shall issue a written report describing why the
redevelopment plan and project area fails to meet one or more
of the criteria. In the event the Board does not file a
report it shall be presumed that these taxing bodies find the
redevelopment project area to satisfy the eligibility
criteria.
(c) After the adoption of an ordinance approving a
redevelopment plan or project or designating a redevelopment
project area, no ordinance shall be adopted altering the
exterior boundaries, affecting the general land uses
established pursuant to the plan or changing the nature of
the redevelopment project without complying with the
procedures provided in this division pertaining to the
initial approval of a redevelopment plan project and
designation of a redevelopment project area.
(d) After the effective date of this amendatory Act of
1994 and adoption of an ordinance approving a redevelopment
plan or project, a municipality with a population of less
than 1,000,000 shall within 90 days after the close of each
municipal fiscal year notify all taxing districts represented
on the joint review board in which the redevelopment project
area is located that any or all of the following information
will be made available no later than 180 days after the close
of each municipal fiscal year upon receipt of a written
request of a majority of such taxing districts for such
information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has
been deposited in the fund.
(3) Certification of the Chief Executive Officer of
the municipality that the municipality has complied with
all of the requirements of this Act during the preceding
fiscal year.
(4) An opinion of legal counsel that the
municipality is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation
fund at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) all expenditures from the special tax
allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation
fund at the end of the fiscal year including a
breakdown of that balance by source. Such ending
balance shall be designated as surplus if it is not
required for anticipated redevelopment project costs
or to pay debt service on bonds issued to finance
redevelopment project costs, as set forth in Section
11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of
property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment
activities undertaken.
(C) A description of any agreements entered
into by the municipality with regard to the
disposition or redevelopment of any property within
the redevelopment project area or the area within
the State Sales Tax Boundary.
(D) Additional information on the use of all
funds received under this Division and steps taken
by the municipality to achieve the objectives of the
redevelopment plan.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor
or underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service
including required reserves and debt coverage.
(9) For special tax allocation funds that have
experienced cumulative deposits of incremental tax
revenues of $100,000 or more, a certified audit report
reviewing compliance with this Act performed by an
independent public accountant certified and licensed by
the authority of the State of Illinois. The financial
portion of the audit must be conducted in accordance with
Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the
Comptroller General of the United States (1981), as
amended. The audit report shall contain a letter from
the independent certified public accountant indicating
compliance or noncompliance with the requirements of
subsection (q) of Section 11-74.4-3.
(d-1) Municipalities with populations of over 1,000,000
shall, after adoption of a redevelopment plan or project,
make available upon request to any taxing district in which
the redevelopment project area is located the following
information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary; and
(2) In connection with any redevelopment project
area for which the municipality has outstanding
obligations issued to provide for redevelopment project
costs pursuant to Section 11-74.4-7, audited financial
statements of the special tax allocation fund.
(e) One year, two years and at the end of every
subsequent three year period thereafter, the joint review
board shall meet to review the effectiveness and status of
the redevelopment project area up to that date.
(f) If the redevelopment project area has been in
existence for at least 5 years and the municipality proposes
a redevelopment project with a total redevelopment project
cost exceeding 35% of the total amount budgeted in the
redevelopment plan for all redevelopment projects, the
municipality, in addition to any other requirements imposed
by this Act, shall convene a meeting of the joint review
board as provided in this Act for the purpose of reviewing
the redevelopment project.
(g) In the event that a municipality has held a public
hearing under this Section prior to March 14, 1994 (the
effective date of Public Act 88-537), the requirements
imposed by Public Act 88-537 relating to the method of fixing
the time and place for public hearing, the materials and
information required to be made available for public
inspection, and the information required to be sent after
adoption of an ordinance or resolution fixing a time and
place for public hearing shall not be applicable.
(Source: P.A. 88-537; 88-688, eff. 1-24-95; revised
10-31-98.)
(65 ILCS 5/Art. 11, Div. 74.5 heading)
DIVISION 74.5. 11-74.5. MUNICIPAL HOUSING FINANCE LAW
(65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1)
Sec. 11-74.5-1. This Division 74.5 11-74.5 may be
referred to as the "Municipal Housing Finance Law".
(Source: P.A. 81-580; revised 10-31-98.)
(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4. Whenever a petition signed by the
electors of any specified municipality equal in number to 10%
or more of the total number of registered voters in the
municipality, is filed with the municipal clerk of any such
municipality which has adopted an ordinance pursuant to the
powers granted in Section 11-76.1-1 of this Code, and such
petition has been filed with the clerk of the municipality
within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall
include (1) the specific number of voters required to sign
the petition; (2) the time in which the petition must be
filed; and (3) the date of the prospective referendum, the
corporate authorities shall order the submission of the
question to the municipal electors and designate the election
at which the question shall be submitted. The municipal
clerk shall certify the question to the proper election
authority. The municipal clerk shall provide a petition form
to any individual requesting one.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the ordinance passed by
the city council (or board of YES
trustees, etc.) of (name of
municipality) on (insert date),
the .... day of .... 19.., -------------------------
entitled ............., which
provides (stating the nature of
the proposed ordinance), become NO
effective?
-------------------------------------------------------------
If a majority of the votes cast on the questions are in
favor of the proposition, the corporate authorities shall
have the authority granted to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any
municipality which is a home rule unit.
(Source: P.A. 87-767; revised 10-20-98.)
(65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
Sec. 11-89-2. No ordinance of any municipality granting a
terminable permit shall become effective until a proposition
to approve the ordinance has been submitted to the electors
of the municipality and has been approved by a majority of
the electors voting upon the proposition. Every such
ordinance shall order such submission and shall designate the
election at which the proposition is to be submitted. The
municipal clerk shall promptly certify such proposition for
submission.
The proposition need not include the ordinance in full
but shall indicate the nature of the ordinance, and shall be
substantially in the following form:
-------------------------------------------------------------
Shall the ordinance passed by the
city council (or board of trustees)
of (name of municipality) on (insert YES
date), the .... day of ....,
19.., entitled ...., which
granted a terminable permit to (here -----------------
insert the name of the grantee) to
construct, maintain, and operate a NO
transportation system upon the terms and
conditions therein stated, be approved?
-------------------------------------------------------------
(Source: P.A. 81-1489; revised 10-20-98.)
(65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
Sec. 11-90-4. No ordinance of any municipality granting
permission under Section 11-90-3 for a term longer than 20
years shall become operative until a proposition to approve
the ordinance has been submitted to the electors of the
municipality and has been approved by a majority of the
electors voting upon the proposition. Every such ordinance
shall order such submission and shall designate the election
at which the proposition is to be submitted in accordance
with the general election law. The municipal clerk shall
promptly certify such proposition to the proper election
officials for submission.
The proposition need not include the ordinance in full
but which shall indicate the nature of the ordinance, and
shall be substantially in the following form:
-------------------------------------------------------------
Shall the ordinance passed by the
city council (or board of trustees,
etc.) of (name of municipality) on
(insert date),
the .... day of ...., 19.., entitled YES
...., which granted permission for a
term of .... years to (here insert
the name of the grantee) to locate, --------------------
construct, reconstruct, maintain,
operate, and lay tracks, of (here
insert the name of the grantee) in NO
certain streets, alleys, and public
places upon the terms and conditions
therein stated, be approved?
-------------------------------------------------------------
(Source: P.A. 81-1489; revised 10-20-98.)
(65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3)
Sec. 11-111-3. When specified improvement districts have
been laid out, the cost of the improvement has been estimated
and ascertained by a competent engineer, and the benefits to
the lots, blocks, or parts thereof, have been assessed, the
municipality may issue a series of bonds sufficient to pay
the special assessments or special tax so ascertained for
each district. When so issued and endorsed as provided for
in this section, these bonds shall be a lien upon the
respective lots, blocks, or parts thereof, which are
designated in the bonds. The bonds shall bear interest at a
rate not exceeding the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, and may run for any term not exceeding 20
years. The style of the bonds shall be fixed and designated
by ordinance. But before any bond is issued or put into
circulation, the owner of any lot charged with such a special
assessment or special tax shall endorse upon the back of the
bond his consent thereto, substantially as follows:
I hereby endorse the within bond, and consent that the
lot or lots, or parts thereof therein designated, shall
become liable for the interest and principal therein named,
and that the bond shall be a lien upon the designated
property from this date until paid off and discharged.
....
(insert date) This .... day of .... 19..
.... (Seal)
The bond, when prepared and executed by the municipality,
and endorsed by the owners of the property charged with the
special assessments or special tax, shall be recorded in the
recorder's office of the county in which the municipality is
located. When so recorded the record is notice of the lien
thereby created, to the same extent that records of mortgages
are notices of the mortgage lien, and has the same force and
effect. No coupon need be recorded. A record of the face of
the bond and of the endorsement are sufficient.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those
Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a
limit upon any municipality which is a home rule unit.
(Source: P.A. 86-4; revised 10-20-98.)
(65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
Sec. 11-121-7. No ordinance of any municipality granting
any lease of, or consent, permit, or right to use such
subways for local transportation purposes shall become
operative until a proposition to approve the ordinance has
been submitted to the electors of the municipality and has
been approved by a majority of the electors voting upon the
proposition. Every such ordinance shall order such
submission and shall designate the election at which the
proposition is to be submitted. The municipal clerk shall
promptly certify such ordinance and proposition for
submission.
The proposition need not include the ordinance in full
but shall indicate the nature of the ordinance, and shall be
substantially in the following form:
-------------------------------------------------------------
Shall the ordinance passed by the
city council (or board of trustees)
of (name of municipality) on the YES
(insert date), .... day of
.... 19.., entitled ....,
which grants to (name of grantee) --------------------
a lease of (or consent, permit, or
right to use, as the case may be) NO
of the municipally owned subways
therein specified, for local
transportation purposes, be approved?
-------------------------------------------------------------
However, when any municipality by ordinance grants a
permit to construct and operate or maintain and operate a
local transportation system, including the use of municipally
owned subways, and that ordinance is submitted to and
approved on a referendum, it is not necessary to pass or to
submit to a referendum a separate ordinance granting a lease
of or consent, permission, or right for the use of those
subways.
(Source: P.A. 81-1489; revised 10-20-98.)
(65 ILCS 5/11-129-7) (from Ch. 24, par. 11-129-7)
Sec. 11-129-7. This Division 129 authorizes the issuance
of revenue bonds provided for in this Division 129 without
submitting the proposition for the approval of the ordinance
authorizing the bonds to the electors as provided in Sections
Section 8-4-1 and 8-4-2.
(Source: Laws 1961, p. 576; revised 10-31-98.)
Section 76. The Municipal Federal Grant Tax and Bond Act
is amended by changing Sections 7 and 19 as follows:
(65 ILCS 55/7) (from Ch. 24, par. 808.7)
Sec. 7. The petitioner shall, in addition to other
notices hereinbefore provided for, cause notice to be given,
not more than 30 nor less than 15 days in advance of the time
at which confirmation of the assessment is sought, by
publishing a notice thereof at least twice in one or more
newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a
general circulation within the municipality; except that, in
municipalities with less than 500 population in which no
newspaper is published, publication may be made by posting a
notice in 3 prominent places within the municipality. The
notice shall be over the name of the officer levying such
assessment, and be substantially as follows:
"SPECIAL ASSESSMENT NOTICE."
"Notice is hereby given to all persons interested that
the city council (or board of trustees as the case may be) of
.... having ordered that (here insert a brief description of
the nature of the improvement), the ordinance for the same
being on file in the office of the .... clerk, having applied
to the circuit court of .... county for an assessment of the
costs of the improvement, according to benefits, and an
assessment therefor having been made and returned to the
court, the final hearing thereon will be had on (insert
date), the .... day of .... 19.., or as soon thereafter as
the business of the court will permit. All persons desiring
may file objections in the court before that day, and may
appear on the hearing and make their defense.
Dated (insert date). 19"
Where the assessment is payable in installments, the
number of installments and the rate of interest shall also be
stated.
If 15 days have not elapsed between the first publication
or the posting of such notice, and the day fixed in the
notice for filing objections, the cause shall be continued
for 15 days, and the time for filing objections shall stand
correspondingly extended.
(Source: P.A. 84-550; revised 10-20-98.)
(65 ILCS 55/19) (from Ch. 24, par. 808.19)
Sec. 19. The collector receiving such warrant shall give
notice thereof by publishing a notice at least twice, not
more than 30 nor less than 15 days in advance, in one or more
newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a
general circulation within the municipality; except that, in
municipalities with less than 500 population in which no
newspaper is published, publication may be made by posting a
notice in 3 prominent places within the municipality. Such
notice may be substantially in the following form:
SPECIAL ASSESSMENT NOTICE
Special Warrant, No. .....
Notice: Publication is hereby given that the (here insert
title of court) has entered judgment for a special assessment
(or special tax) upon property benefited by the following
improvement: (here describe the character and location of the
improvement in general terms), as appears more fully in the
certified copy of the judgment on file in my office; that the
warrant for the collection of such assessment (or special
tax) is in the possession of the undersigned. All persons
interested are hereby notified to call and pay the amount
assessed at the collector's office (here insert location of
office) within 30 days from the date hereof.
Dated (insert date). 19...
.... Collector.
When such assessment or special tax is levied to be paid
in installments, such notice shall, in addition to the
foregoing, contain the amount of each installment, the rate
of interest deferred installments bear, and the date when
payable.
(Source: P.A. 84-550; revised 10-20-98.)
Section 77. The Airport Authorities Act is amended by
changing Section 2.3 as follows:
(70 ILCS 5/2.3) (from Ch. 15 1/2, par. 68.2c)
Sec. 2.3. Election - procedure. The clerk of the
circuit court shall certify the order for submission of the
proposition, to the proper election authorities, who shall
submit the proposition to the voters at an election in
accordance with the general election law.
In addition to the requirements of the general election
law notice shall include a description of the territory. The
notice shall further state that any such authority upon its
establishment shall have the powers, objects and purposes
provided by this Act, including the power to levy the tax
authorized by this Act for airport operation and maintenance
and other corporate purposes, and power to issue tax secured
bonds. Each legal voter residing within the territory shall
have a right to cast a ballot at such election. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall an "Act in relation to
Airport Authorities" effective
(insert date)
........ day of ......., 19.., YES
be adopted, and the ......
Airport Authority be established?
(If established, said Airport
Authority will have the powers, --------------------------
objects and purposes, provided
by the Act, including the power
to levy the tax authorized by
the Act for airport operation NO
and maintenance and other
corporate purposes and the power
to issue tax secured bonds.)
-------------------------------------------------------------
The circuit court shall by written order determine and
declare the result of the referendum and shall cause the
result to be filed of record in the proceedings of the
circuit court.
(Source: P.A. 83-343; revised 10-20-98.)
Section 78. The Civic Center Code is amended by changing
Section 255-75 as follows:
(70 ILCS 200/255-75)
Sec. 255-75. Nomination of Board members. Nomination of
a candidate for member of the Board at any election to be
held after June 1, 1970, shall be made by a petition filed
with the county clerk, signed by at least 50 voters qualified
to vote at the election. The petition shall be in
substantially the following form:
NOMINATING PETITION
To the County Clerk of Sangamon County:
We, the undersigned, being 50 or more of the voters
qualified to vote, hereby petition that .... who resides at
...., (Springfield, Woodside, Capital) Township, in Sangamon
County shall be a candidate for the office of member of the
Board of the Springfield Metropolitan Exposition and
Auditorium Authority (for a full term) (to fill a vacancy,
term expiring on (insert date) 19..) to be voted for at an
election to be held on (insert date). ...., 19...
NAME ...............
ADDRESS ............
The foregoing petition shall be verified by a certificate
which may be substantially in the following form:
I, ...., hereby certify that I am a voter residing in
(Springfield, Woodside, Capital) Township, Sangamon County,
Illinois, and qualified to vote at the election referred to
above, and that the signatures on this sheet were signed in
my presence and are genuine and to the best of my knowledge
and belief the persons so signing were at the time of signing
voters qualified to vote at said election.
s/.................
SUBSCRIBED and SWORN to before me on (insert date). this
.... day of .... 19....
...................
Notary Public
(Source: P.A. 90-328, eff. 1-1-98; revised 10-19-98.)
Section 79. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 5 as follows:
(70 ILCS 210/5) (from Ch. 85, par. 1225)
Sec. 5. The Metropolitan Pier and Exposition Authority
shall also have the following rights and powers:
(a) To accept from Chicago Park Fair, a
corporation, an assignment of whatever sums of money it
may have received from the Fair and Exposition Fund,
allocated by the Department of Agriculture of the State
of Illinois, and Chicago Park Fair is hereby authorized
to assign, set over and transfer any of those funds to
the Metropolitan Pier and Exposition Authority. The
Authority has the right and power hereafter to receive
sums as may be distributed to it by the Department of
Agriculture of the State of Illinois from the Fair and
Exposition Fund pursuant to the provisions of Sections 5,
6i, and 28 of the State Finance Act. All sums received
by the Authority shall be held in the sole custody of the
secretary-treasurer of the Metropolitan Pier and
Exposition Board.
(b) To accept the assignment of, assume and execute
any contracts heretofore entered into by Chicago Park
Fair.
(c) To acquire, own, construct, equip, lease,
operate and maintain grounds, buildings and facilities to
carry out its corporate purposes and duties, and to carry
out or otherwise provide for the recreational, cultural,
commercial or residential development of Navy Pier, and
to fix and collect just, reasonable and nondiscriminatory
charges for the use thereof. The charges so collected
shall be made available to defray the reasonable expenses
of the Authority and to pay the principal of and the
interest upon any revenue bonds issued by the Authority.
The Authority shall be subject to and comply with the
Lake Michigan and Chicago Lakefront Protection Ordinance,
the Chicago Building Code, the Chicago Zoning Ordinance,
and all ordinances and regulations of the City of Chicago
contained in the following Titles of the Municipal Code
of Chicago: Businesses, Occupations and Consumer
Protection; Health and Safety; Fire Prevention; Public
Peace, Morals and Welfare; Utilities and Environmental
Protection; Streets, Public Ways, Parks, Airports and
Harbors; Electrical Equipment and Installation; Housing
and Economic Development (only Chapter 5-4 thereof); and
Revenue and Finance (only so far as such Title pertains
to the Authority's duty to collect taxes on behalf of the
City of Chicago).
(d) To enter into contracts treating in any manner
with the objects and purposes of this Act.
(e) To lease any buildings to the Adjutant General
of the State of Illinois for the use of the Illinois
National Guard or the Illinois Naval Militia.
(f) To exercise the right of eminent domain by
condemnation proceedings in the manner provided by
Article VII of the Code of Civil Procedure, including,
with respect to Site B only, the authority to exercise
quick take condemnation by immediate vesting of title
under Sections 7-103 through 7-112 of the Code of Civil
Procedure, to acquire any privately owned real or
personal property and, with respect to Site B only,
public property used for rail transportation purposes
(but no such taking of such public property shall, in the
reasonable judgment of the owner, interfere with such
rail transportation) for the lawful purposes of the
Authority in Site A, at Navy Pier, and at Site B. Just
compensation for property taken or acquired under this
paragraph shall be paid in money or, notwithstanding any
other provision of this Act and with the agreement of the
owner of the property to be taken or acquired, the
Authority may convey substitute property or interests in
property or enter into agreements with the property
owner, including leases, licenses, or concessions, with
respect to any property owned by the Authority, or may
provide for other lawful forms of just compensation to
the owner. Any property acquired in condemnation
proceedings shall be used only as provided in this Act.
Except as otherwise provided by law, the City of Chicago
shall have a right of first refusal prior to any sale of
any such property by the Authority to a third party other
than substitute property. The Authority shall develop and
implement a relocation plan for businesses displaced as a
result of the Authority's acquisition of property. The
relocation plan shall be substantially similar to
provisions of the Uniform Relocation Assistance and Real
Property Acquisition Act and regulations promulgated
under that Act relating to assistance to displaced
businesses. To implement the relocation plan the
Authority may acquire property by purchase or gift or may
exercise the powers authorized in this subsection (f),
except the immediate vesting of title under Sections
7-103 through 7-112 of the Code of Civil Procedure, to
acquire substitute private property within one mile of
Site B for the benefit of displaced businesses located on
property being acquired by the Authority. However, no
such substitute property may be acquired by the Authority
unless the mayor of the municipality in which the
property is located certifies in writing that the
acquisition is consistent with the municipality's land
use and economic development policies and goals. The
acquisition of substitute property is declared to be for
public use. In exercising the powers authorized in this
subsection (f), the Authority shall use its best efforts
to relocate businesses within the area of McCormick Place
or, failing that, within the City of Chicago.
(g) To enter into contracts relating to
construction projects which provide for the delivery by
the contractor of a completed project, structure,
improvement, or specific portion thereof, for a fixed
maximum price, which contract may provide that the
delivery of the project, structure, improvement, or
specific portion thereof, for the fixed maximum price is
insured or guaranteed by a third party capable of
completing the construction.
(h) To enter into agreements with any person with
respect to the use and occupancy of the grounds,
buildings, and facilities of the Authority, including
concession, license, and lease agreements on terms and
conditions as the Authority determines. Notwithstanding
Section 24, agreements with respect to the use and
occupancy of the grounds, buildings, and facilities of
the Authority for a term of more than one year shall be
entered into in accordance with the procurement process
provided for in Section 25.1.
(i) To enter into agreements with any person with
respect to the operation and management of the grounds,
buildings, and facilities of the Authority or the
provision of goods and services on terms and conditions
as the Authority determines.
(j) After conducting the procurement process
provided for in Section 25.1, to enter into one or more
contracts to provide for the design and construction of
all or part of the Authority's Expansion Project grounds,
buildings, and facilities. Any contract for design and
construction of the Expansion Project shall be in the
form authorized by subsection (g), shall be for a fixed
maximum price not in excess of the funds that are
authorized to be made available under the provisions of
this amendatory Act of 1991 for those purposes during the
term of the contract, and shall be entered into before
commencement of construction.
(k) To enter into agreements, including project
agreements with labor unions, that the Authority deems
necessary to complete the Expansion Project or any other
construction or improvement project in the most timely
and efficient manner and without strikes, picketing, or
other actions that might cause disruption or delay and
thereby add to the cost of the project.
(l) Nothing in this amendatory Act of 1991 shall be
construed to authorize the Authority to spend the proceeds of
any bonds or notes issued or any taxes levied under this
amendatory Act of 1991 to construct a stadium to be leased to
or used by professional sports teams.
(Source: P.A. 87-733; 88-193; revised 10-31-98.)
Section 80. The Joliet Arsenal Development Authority Act
is amended by changing Section 25 as follows:
(70 ILCS 508/25)
Sec. 25. Powers. (a) The Authority possesses all powers
of a body corporate necessary and convenient to accomplish
the purpose of this Act, including without limitation the
following:
(1) to enter into loans, contracts, agreements, and
mortgages in any matter connected with any of its
corporate purposes and to invest its funds;
(2) to sue and be sued;
(3) to employ agents and employees necessary to
carry out its purposes;
(4) to have, use, and alter a common seal;
(5) to adopt all needful ordinances, resolutions,
by-laws, rules, and regulations for the conduct of its
business and affairs and for the management and use of
the projects developed, constructed, acquired, and
improved in furtherance of its purposes;
(6) to designate the fiscal year for the Authority;
(7) to accept and expend appropriations;
(8) to have and exercise all powers and be subject
to all duties usually incident to boards of directors of
corporations;
(9) to acquire, own, lease, sell, or otherwise
dispose of interests in and to real property and
improvements situated thereon and in personal property
necessary to fulfill the purposes of the Authority;
(10) to engage in any activity or operation that is
incidental to and in furtherance of efficient operation
to accomplish the Authority's primary purpose;
(11) to acquire, own, construct, lease, operate,
and maintain within its corporate limits terminals and
terminal facilities and to fix and collect just,
reasonable, and nondiscriminatory charges for the use of
those facilities;
(12) to collect fees and charges in connection with
its loans, commitments, and services;
(13) to use the charges and fees collected as
authorized under paragraphs (11) and (12) of this Section
to defray the reasonable expenses of the Authority and to
pay the principal and interest of any revenue bonds
issued by the Authority;
(14) to use ground water resources of Will County;
and
(15) to borrow money and to issue revenue bonds,
notes, or other evidences of indebtedness as provided in
Section 35 of this Act to evidence the obligation of the
Authority to repay the borrowings.
(Source: P.A. 89-333, eff. 8-17-95; 90-83, eff. 7-10-97;
revised 10-31-98.)
Section 81. The Tri-County River Valley Development
Authority Law is amended by changing Section 2007 as follows:
(70 ILCS 525/2007) (from Ch. 85, par. 7507)
Sec. 2007. Bonds.
(a) The Authority, with the written approval of the
Governor, shall have the continuing power to issue bonds,
notes, or other evidences of indebtedness in an aggregate
amount not to exceed $100,000,000 for the purpose of
developing, constructing, acquiring or improving projects,
including those established by business entities locating or
expanding property within the territorial jurisdiction of the
Authority, for entering into venture capital agreements with
businesses locating or expanding within the territorial
jurisdiction of the Authority, for acquiring and improving
any property necessary and useful in connection therewith and
for the purposes of the Employee Ownership Assistance Act.
For the purpose of evidencing the obligations of the
Authority to repay any money borrowed, the Authority may,
pursuant to resolution, from time to time issue and dispose
of its interest bearing revenue bonds, notes or other
evidences of indebtedness and may also from time to time
issue and dispose of such bonds, notes or other evidences of
indebtedness to refund, at maturity, at a redemption date or
in advance of either, any bonds, notes or other evidences of
indebtedness pursuant to redemption provisions or at any time
before maturity. All such bonds, notes or other evidences of
indebtedness shall be payable from the revenues or income to
be derived from loans made with respect to projects, from the
leasing or sale of the projects or from any other funds
available to the Authority for such purposes. The bonds,
notes or other evidences of indebtedness may bear such date
or dates, may mature at such time or times not exceeding 40
years from their respective dates, may bear interest at such
rate or rates not exceeding the maximum rate permitted by the
Bond Authorization Act, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
authenticated in such manner and may contain such terms and
covenants as may be provided by an applicable resolution.
(b-1) The holder or holders of any bonds, notes or other
evidences of indebtedness issued by the Authority may bring
suits at law or proceedings in equity to compel the
performance and observance by any corporation or person or by
the Authority or any of its agents or employees of any
contract or covenant made with the holders of such bonds,
notes or other evidences of indebtedness, to compel such
corporation, person, the Authority and any of its agents or
employees to perform any duties required to be performed for
the benefit of the holders of any such bonds, notes or other
evidences of indebtedness by the provision of the resolution
authorizing their issuance and to enjoin such corporation,
person, the Authority and any of its agents or employees from
taking any action in conflict with any such contract or
covenant.
(b-2) If the Authority fails to pay the principal of or
interest on any of the bonds or premium, if any, as the same
become due, a civil action to compel payment may be
instituted in the appropriate circuit court by the holder or
holders of the bonds on which such default of payment exists
or by an indenture trustee acting on behalf of such holders.
Delivery of a summons and a copy of the complaint to the
Chairman of the Board shall constitute sufficient service to
give the circuit court jurisdiction of the subject matter of
such a suit and jurisdiction over the Authority and its
officers named as defendants for the purpose of compelling
such payment. Any case, controversy or cause of action
concerning the validity of this Article relates to the
revenue of the State of Illinois.
(c) Notwithstanding the form and tenor of any such
bonds, notes or other evidences of indebtedness and in the
absence of any express recital on the face thereof that it is
non-negotiable, all such bonds, notes and other evidences of
indebtedness shall be negotiable instruments. Pending the
preparation and execution of any such bonds, notes or other
evidences of indebtedness, temporary bonds, notes or
evidences of indebtedness may be issued as provided by
ordinance.
(d) To secure the payment of any or all of such bonds,
notes or other evidences of indebtedness, the revenues to be
received by the Authority from a lease agreement or loan
agreement shall be pledged, and, for the purpose of setting
forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any
additional bonds, notes or other evidences of indebtedness
payable from such revenues, income or other funds to be
derived from projects, the Authority may execute and deliver
a mortgage or trust agreement. A remedy for any breach or
default of the terms of any such mortgage or trust agreement
by the Authority may be by mandamus proceedings in the
appropriate circuit court to compel the performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
(e) Such bonds or notes shall be secured as provided in
the authorizing ordinance which may, notwithstanding any
other provision of this Article, include in addition to any
other security a specific pledge or assignment of and lien on
or security interest in any or all revenues or money of the
Authority from whatever source which may by law be used for
debt service purposes and a specific pledge or assignment of
and lien on or security interest in any funds or accounts
established or provided for by ordinance of the Authority
authorizing the issuance of such bonds or notes.
(f) In the event that the Authority determines that
monies of the Authority will not be sufficient for the
payment of the principal of and interest on its bonds during
the next State fiscal year, the Chairman, as soon as
practicable, shall certify to the Governor the amount
required by the Authority to enable it to pay such principal
of and interest on the bonds. The Governor shall submit the
amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State
fiscal year. This subsection shall not apply to any bonds or
notes as to which the Authority shall have determined, in the
resolution authorizing the issuance of the bonds or notes,
that this subsection shall not apply. Whenever the Authority
makes such a determination, that fact shall be plainly stated
on the face of the bonds or notes and that fact shall also be
reported to the Governor.
In the event of a withdrawal of moneys from a reserve
fund established with respect to any issue or issues of bonds
of the Authority to pay principal or interest on those bonds,
the Chairman of the Authority, as soon as practicable, shall
certify to the Governor the amount required to restore the
reserve fund to the level required in the resolution or
indenture securing those bonds. The Governor shall submit the
amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current state
fiscal year.
(g) The State of Illinois pledges to and agrees with the
holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or
alter the rights and powers vested in the Authority by this
Article so as to impair the terms of any contract made by the
Authority with such holders or in any way impair the rights
and remedies of such holders until such bonds and notes,
together with interest thereon, with interest on any unpaid
installments of interest, and all costs and expenses in
connection with any action or proceedings by or on behalf of
such holders, are fully met and discharged. In addition, the
State pledges to and agrees with the holders of the bonds and
notes of the Authority issued pursuant to this Section that
the State will not limit or alter the basis on which State
funds are to be paid to the Authority as provided in this
Act, or the use of such funds, so as to impair the terms of
any such contract. The Authority is authorized to include
these pledges and agreements of the State in any contract
with the holders of bonds or notes issued pursuant to this
Section.
(h) Not less than 30 days prior to the commitment to
issue bonds, notes, or other evidences of indebtedness for
the purpose of developing, constructing, acquiring or
improving housing or residential projects, as defined in
Section 2003, 3, the Authority shall provide notice to the
Executive Director of the Illinois Housing Development
Authority. Within 30 days after receipt of the notice, the
Illinois Housing Development Authority shall notify the
Authority as to its interest in financing the project. If
the Illinois Housing Development Authority notifies the
Authority that it is not interested in financing the project,
the Authority may finance the project or seek alternative
financing for the project.
(Source: P.A. 86-1489; 87-778; revised 10-31-98.)
Section 82. The Illinois Drainage Code is amended by
changing Sections 1-2, 3-5, 3-18, 5-5, and 5-20 as follows:
(70 ILCS 605/1-2) (from Ch. 42, par. 1-2)
Sec. 1-2. Definitions. When used in this Act unless the
context requires otherwise:
(a) "Clerk", when used without qualifying words, means
the clerk of the circuit court acting, ex officio, as clerk
of a district.
(b) "Court" means the circuit court of the county in
which a district was organized.
(c) "Ditch" means an artificially constructed open drain
or a natural drain which has been artificially improved.
(d) "Drain" includes ditch and means any water course or
conduit, whether open, covered or enclosed, natural or
artificial, or partly natural and partly artificial, by which
waters coming or falling upon lands are carried away.
(e) "Drainage district" is synonymous with "district"
and includes all types of drainage districts organized under
this or any prior Act.
(f) "Drainage structures" means those structures other
than drains, levees and pumping plants which are intended to
promote or aid drainage. Such structures may be independent
from other drainage work or may be a part of or incidental to
such work. The term includes, but is not restricted to,
catchbasins, bulkheads, spillways, flumes, drop-boxes, pipe
outlets, junction boxes and structures the primary purpose of
which is to prevent the erosion of soil into a district
drain.
(g) "Drainage system" means the system by which lands
are drained or protected from overflow or both and includes
drains, drainage structures, levees and pumping plants.
(h) "Land" means real property and includes, but is not
restricted to, lots, railroad rights-of-way and easements.
(i) "Landowner" or "owner" means the owner of real
property and includes an owner of an undivided interest, a
life tenant, a remainderman, a public or private corporation,
a trustee under an active trust and the holder of the
beneficial interest under a land trust, but does not include
a mortgagee, a trustee under a trust deed in the nature of a
mortgage, a lien holder or a lessee.
(j) "Adult landowner" or "adult owner" includes public
and private corporations.
(k) "Municipal corporation exercising drainage powers"
means a sanitary district, city, village or other public body
empowered by law to exercise and which is exercising drainage
functions.
(l) (Blank). ((l) Blank.)
(m) "Non-resident" means a person residing outside the
county or counties in which the district or any portion
thereof is situated.
(n) "Registered Professional Engineer" means a
professional engineer registered under the provisions of the
Professional Engineering Practice Act of 1989.
(o) "Sanitary purposes" includes, but is not restricted
to, the protection of residential, commercial and industrial
property from inundation and overflow.
(p) Words importing the masculine gender include the
feminine.
(q) Words importing the singular number include the
plural and words importing the plural include the singular.
(r) "Farm Drainage Act" means and refers to "An Act to
provide for drainage for agricultural and sanitary purposes,
and to repeal certain acts therein named", approved June 27,
1885, as amended, which Act is repealed by this Act.
(s) "Levee Act" means and refers to "An Act to provide
for the construction, reparation and protection of drains,
ditches and levees across the lands of others, for
agricultural, sanitary and mining purposes, and to provide
for the organization of drainage districts", approved May 29,
1879, as amended, which Act is repealed by this Act.
(Source: P.A. 86-297; 86-1475; revised 10-31-98.)
(70 ILCS 605/3-5) (from Ch. 42, par. 3-5)
Sec. 3-5. Notice of hearing. The clerk of the circuit
court shall give notice of the hearing on the petition in the
manner provided in Section 3-6. The notice shall be entitled
"Drainage Notice" and must state: (a) in what court and on
what date the petition was filed; (b) a general description
of the proposed work; (c) the boundaries of the proposed
district or a description of the lands proposed to be
included or the numbers of the sections, including township
and range, in which the proposed district, or any part
thereof, is situated; (d) the name of the proposed district;
and (e) the place, date and hour the petition will be heard.
The notice may be substantially in the following form:
DRAINAGE NOTICE
Public notice is hereby given that on (insert date), the
.... day of ...., 19.., there was filed in the Circuit Court
of the .... Judicial Circuit, .... County, Illinois, a
petition requesting the organization of .... Drainage
District, in the County (or Counties) of .... and State of
Illinois; that the boundaries of the proposed district are as
follows: .... (or "that the proposed district is situated in
the following sections: ...."); that the work proposed to be
undertaken by the district consists of ....; that upon the
filing thereof, the petition was presented to the Court and
by the Court set for hearing in the .... in the courthouse at
...., Illinois, on (insert date), the .... day of ...., 19..,
at the hour of ...., .. M., at which time and place all
interested parties may appear and be heard if they see fit so
to do.
Dated (insert date). this .... day of ...., 19...
.............................
Clerk of the Circuit Court of
the ....... Judicial Circuit,
............ County, Illinois
(Source: Laws 1965, p. 678; revised 10-20-98.)
(70 ILCS 605/3-18) (from Ch. 42, par. 3-18)
Sec. 3-18. Notice of hearing on report. If the temporary
commissioners recommend in their report that the district be
organized and that additional land be included in the
proposed district, they shall file with their report their
affidavit setting forth the names and addresses of the owners
of such land, if known, or, if unknown, then the names and
addresses of the person who last paid the general taxes on
such land as shown by the collector's books in the county in
which such land is situated, and the petitioners or the clerk
of the court shall, at least 10 days before the date fixed
for hearing, mail a notice thereof to each such person at his
address as set forth in the affidavit. Notices shall be
mailed and proof made in the manner provided in Section 3-6.
The notice shall be entitled "Drainage Notice" and must state
(a) the general nature of the proceedings and in what court
they are pending, (b) the general location of the proposed
district, (c) a general description of the system of drainage
recommended, (d) the description of the additional land
proposed to be included, and (e) the date and hour fixed for
the hearing on the report.
The notice may be substantially in the following form:
DRAINAGE NOTICE
To the owners of the lands hereinafter described:
You are hereby notified that there is pending in the
Circuit Court of the .... Judicial Circuit, .... County,
Illinois, the report of the temporary commissioners in the
matter of the petition for the organization of .... Drainage
District, in the County (or Counties) of .... and State of
Illinois; that the general location of the proposed district
is ....; that the work recommended to be undertaken in the
proposed district by the temporary commissioners consists of
....; and that the temporary commissioners have recommended
that in addition to the lands described in the petition,
there be included in the districts the lands described as
follows: ........................
You are further notified that the report of the temporary
commissioners is set for hearing in the .... in the
Courthouse at .... Illinois, on (insert date), the .... day
of ...., 19.., at the hour of .... .. M., at which time and
place you may appear and be heard if you see fit so to do.
Dated (insert date). this .... day of .... 19...
.................................
Clerk of the Circuit Court of the
............... Judicial Circuit,
............... County, Illinois.
(Source: P.A. 86-297; revised 10-20-98.)
(70 ILCS 605/5-5) (from Ch. 42, par. 5-5)
Sec. 5-5. Original assessments - Notice of hearing -
Contents of notice. The clerk of the court shall give notice
of the hearing on the assessment roll in the manner and for
the length of time provided in Section 5-6. The notice shall
be entitled "Drainage Notice" and must state (a) in what
court and on what date the assessment roll was filed, (b) the
name of the district, (c) the total amount of benefits
proposed to be levied, (d) the total amount of damages, if
any, to be allowed, (e) the total amount of compensation
proposed to be allowed, if any, (f) if an annual maintenance
assessment is proposed to be levied, the total amount of such
annual maintenance assessment, and (g) the date, place and
hour the hearing will be held.
The notice may be substantially in the following form:
DRAINAGE NOTICE
Public notice is hereby given that on (insert date), the
.... day of ...., 19.., an assessment roll was filed in the
Circuit Court of the .... Judicial Circuit,.... County,
Illinois, by the commissioners of .... drainage District;
that the total amount of the assessments of benefits
contained in the assessment roll is $...., the total amount
of damages proposed to be allowed contained in the assessment
roll is $...., and the total amount of compensation proposed
to be allowed contained in the assessment roll is $....; (if
an annual maintenance assessment is included in the
assessment roll, then insert here the statement "that the
total amount of the annual maintenance assessment contained
in the assessment roll is $....";) and that upon the filing
of such assessment roll, the same was presented to the court
and by the court set for hearing before the Circuit Court in
the courthouse at ...., Illinois, on (insert date), the ....
day of ...., 19.., at the hour of .... .. M., at which time
and place all interested persons may appear and be heard upon
all questions of benefits, damages and compensation if they
see fit to do so.
Dated (insert date). this .... day of ...., 19..
.............................
Clerk of the Circuit Court of
the ....... Judicial Circuit,
........... County, Illinois.
(Source: Laws 1965, p. 678; revised 10-20-98.)
(70 ILCS 605/5-20) (from Ch. 42, par. 5-20)
Sec. 5-20. Annual maintenance assessments - Certificate
of levy - Extension of assessment. During the month of
November in each year, the commissioners of each district in
which an annual maintenance assessment roll has been approved
or confirmed shall determine whether it is necessary to
collect all or any portion of the annual maintenance
assessment for repair and maintenance work or the operation
of pumping plants during the ensuing calendar year. If they
determine that it is necessary to collect all or a portion of
such assessment, then they shall, before the first of
December, file with the clerk of the circuit court of the
county in which the district was organized a certificate of
levy, setting forth the amount of money needed by them for
the performance of such work during the ensuing year which
amount shall in no event exceed the total of the annual
maintenance assessment roll as confirmed by the court and, if
the amount so levied be less than the total amount which they
are authorized to levy, then the percentage which the amount
so levied bears to the total amount authorized, which
certificate may be in the following form:
CERTIFICATE OF LEVY OF ANNUAL
MAINTENANCE ASSESSMENT
To ...., Clerk of the Circuit Court:
The undersigned commissioners of .... Drainage District
do hereby certify that they require the sum of .... Dollars,
to be levied as an annual maintenance assessment upon the
lands and other property and other districts and municipal
corporations subject to assessment by the district. Such sum
is to be used for the performance of annual maintenance work
(and pumping plant operation) during the ensuing calendar
year and represents ....% of the total amount of the annual
maintenance assessment authorized to be levied by the Circuit
Court of this county by its order duly given or made on
(insert date). the .... day of ...., 19...
Dated (insert date). this .... day of November, 19...
........................
........................
........................
Commissioners.
The owner of any land or other property which is subject
to an annual maintenance assessment may object to the amount
levied by the commissioners in any year by filing written
objections with the court on or before the 10th day of
December following the filing of the certificate of levy.
Upon the filing of the objections they shall be presented to
the court, which shall fix the date and hour for hearing. The
objecting landowner or landowners shall give each of the
commissioners at least 3 days notice of the hearing by
personal service or by mail which notice shall have attached
thereto a copy of the objections filed. The objections shall
be heard and determined by the court prior to the 20th day of
December. Upon such hearing the court may confirm the levy
without change or reduce the levy and confirm the same as so
reduced. No appeal shall lie from the order of the court but
the objectors shall not be precluded from raising the same
objections on the Collector's application for judgment and
order of sale for delinquent annual maintenance assessments.
If no objections are filed by the 10th day of December or if
the court fails to hear and determine the filed objections by
the 20th day of December then the certificate of levy shall
stand as confirmed without further action by the court.
If the amount levied in any year is less than the total
amount of the annual maintenance assessment roll, then the
individual assessments shall abate proportionately. Upon the
confirmation of the levy, whether by order of the court or by
the failure of any landowner to file written objections or by
the failure of the court to determine objections, the clerk
of the circuit court shall, except in the case of those
districts which have appointed as their collectors persons
other than the county collector, deliver a certified copy of
the certificate of levy, together with a certified copy of
the order of the court, if any, thereon, to the county clerk,
who shall extend the same on the county collector's books in
appropriate columns, and the amounts so extended shall be
collected at the same time and in the same manner as general
taxes and, when so collected, shall be paid over to the
district treasurer in the same manner as taxes of municipal
corporations. When the district is situated in more than one
county, the clerk of the circuit court of the county in which
the district is organized shall deliver to the county clerk
of each of such counties a certified copy of the certificate
of levy, together with a certified copy of the order of the
court, if any thereon, and the county clerks of such counties
shall extend the levy against the portion of the lands and
property in the district in his county on the collector's
books in his office, as above set forth, and the collection
and distribution thereof in that county shall be accomplished
in the same manner as in districts situated in a single
county. In extending annual maintenance assessments in the
county collector's books, when the tracts described in the
assessment roll do not coincide with the tracts described in
the collector's books but the description in the collector's
books includes the description on the assessment roll, then
the clerk may include the assessment against the smaller
tract with the taxes against the larger tract, but such
authority shall be procedural only and shall not be construed
to extend the lien of the assessment against the larger tract
or upon any land or property other than that against which
the assessment was actually confirmed. When the tract
described in the assessment roll is larger than the tract
described in the collector's book, then the assessment
against such tract shall be divided in the collector's books
proportionately.
In those districts which have appointed as their
collectors persons other than the county collector, the clerk
shall certify a copy of the certificate of levy and the order
of the court, if any, to the district collector, who shall
then be charged with the duty of billing and collecting the
annual maintenance assessment so levied as in the case of
original and additional assessments.
In all cases, it shall be the duty of the district
collector to collect assessments against other districts and
municipal corporations and against property not appearing in
the county collector's books.
(Source: P.A. 84-886; revised 10-20-98.)
Section 83. The Fire Protection District Act is amended
by changing Section 16c as follows:
(70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c)
Sec. 16c. Territory included within the limits of any
fire protection district may be disconnected from the
district and organized in a new fire protection district in
the manner hereinafter set forth (1) if the territory would
receive equal or greater benefits from the district into
which it seeks to be organized; (2) if the disconnection will
not cause the territory remaining in the district from which
the territory is to be disconnected, to be noncontiguous; (3)
if the trustees of the district from which the territory is
to be disconnected consent thereto; (4) if the territory to
be disconnected meets the requirements for organization as
provided in Section 1 of this Act. One percent or more of
the legal voters residing within the limits of the territory
proposed to be disconnected and organized in a new district
may file a petition in the circuit court of the county where
such territory is located setting forth: (1) the description
of the territory sought to be disconnected and organized in a
new district; (2) facts disclosing that the territory
described meets the requirements for organization of a new
district as provided in Section 1 of this Act; (3) that the
territory would receive equal or greater benefits from the
district in which it seeks to be organized; (4) that the
disconnection will not cause the territory remaining in the
district from which the territory is to be disconnected, to
be noncontiguous nor impair such district from rendering fire
protection service to the territory remaining in the
district; (5) that the trustees of the district from which
the territory is to be disconnected consent thereto (a
certified copy of a resolution of the trustees evidencing
their consent to such disconnection and adopted not more than
90 days prior to the filing of the petition shall be attached
to and made a part of the petition); and (6) the name of the
proposed district; and requesting that the question of
whether the territory shall be disconnected from the district
in which it is presently situated and organized in a new
district be submitted to the voters of the territory sought
to be disconnected.
Upon the filing of the petition, the court shall set a
date for hearing not less than 2 weeks, nor more than 4 weeks
from the filing thereof, and the court, or the clerk of the
court, upon order of the court, shall give 2 weeks' notice of
such hearing in one or more newspapers, either daily or
weekly, of general circulation in the district from which the
territory is sought to be disconnected and in the territory
sought to be disconnected, and by posting at least 10 copies
of the notice in conspicuous places in the district, and at
least 10 copies of the notice in conspicuous places in the
territory which is sought to be disconnected therefrom, and,
in addition, shall cause a copy of the notice to be
personally served upon each of the trustees of the district
from which the territory is sought to be disconnected.
At any time prior to the date set for the hearing or
within such additional time as may be granted by the court,
the trustees of the district from which disconnection is
sought may file a revocation of their consent to the proposed
disconnection and in case of such revocation of consent, the
court shall enter an order dismissing the petition for
disconnection. The trustees may withdraw their revocation or
give their new consent to the disconnection of the territory
at any time prior to the entry of an order dismissing the
petition. In case no revocation of consent is filed, the
court shall proceed with the matter as herein provided, but
if the court finds that any of the conditions herein required
for the disconnection and organization do not exist, it shall
enter an order dismissing the petition.
At the hearing any person residing in or having an
interest in any of the property sought to be disconnected may
appear and be heard and both objectors and petitioners may
offer any competent evidence as to the matters averred in the
petition.
If the court shall, upon hearing the petition, find that
the territory described therein meets all of the conditions
hereinbefore set forth and complies with this Section, it
shall certify to the proper election officials the question
of whether the territory shall be disconnected from the
district in which it is presently located and organized in a
new fire protection district, and its order, and such
election officials shall submit that question at an election
in such territory in accordance with the general election
law.. The proposition shall be in substantially the
following form:
-------------------------------------------------------------
For disconnecting from the
.... fire protection
district and organizing the
.... fire protection
district and retaining a
proportionate share of the
bonded indebtedness, if any,
of the former district.
-------------------------------------------------------------
Against disconnecting from the
.... fire protection
district and organizing the
.... fire protection
district and retaining a
proportionate share of the
bonded indebtedness, if any,
of the former district.
-------------------------------------------------------------
If a majority of the votes cast upon the question of
disconnecting the territory and organizing a new district
shall be in favor of the disconnection and organization, the
territory shall thenceforth cease to be a part of the fire
protection district to which it was attached and shall become
a new fire protection district, provided that the
disconnected territory shall remain liable for its
proportionate share of the bonded indebtedness outstanding as
of the date of disconnection, if any, of the district from
which it was disconnected. The court shall cause a written
statement of the results of such an election to be filed of
record in the court and shall enter an order accordingly, and
shall also cause to be sent to the county clerk of all
counties in which any portion of the new district lies and to
the Office of the State Fire Marshal a certified copy of the
order organizing such district and a plat of the same
indicating what lands of the district lie in such county or
counties. The new district shall be organized and the
trustees appointed in the same manner as provided in Section
4, and such district and its trustees shall have like powers
and responsibilities as any new district organized under this
Act.
(Source: P.A. 83-343; revised 2-24-98.)
Section 84. The Fire Protection of Unprotected Area Act
is amended by changing Section 2 as follows:
(70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
Sec. 2. After December 31, 1975, all unprotected areas
of unincorporated portions of counties of less than 500,000
inhabitants, shall be eligible for assignment by the Fire
Marshal of fire protection coverage by the Fire Marshal, -
from a fire protection district. Incorporated areas, and
municipal fire departments, shall be exempt from the
provisions of this Act.
(Source: P.A. 79-1054; revised 10-31-98.)
Section 85. The Downstate Forest Preserve District Act
is amended by changing Section 2 as follows:
(70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
Sec. 2. The proposition shall be substantially in the
following form:
-------------------------------------------------------------
"Shall there be organized a forest
preserve district in accordance with
the order of the judge of the circuit
court of .... county, dated (insert YES
date), under the date of the
.... day of ...., 19...,
to be known as (insert here
the name of the proposed district as ------------------
entered in the order of the judge of
the circuit court) and described as
follows: (insert description of the NO
proposed district as entered in the
order of the judge of the circuit
court)?"[?]
-------------------------------------------------------------
The clerk of the circuit court of the county shall cause
a statement of the result of the referendum in the proposed
district to be filed in the records of the circuit court of
the county, and if a majority of the votes cast in the
proposed district upon the question is found to be in favor
of the organization of a forest preserve district, the
proposed forest preserve district shall thenceforth be deemed
an organized forest preserve district under this Act.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
Section 86. The Tuberculosis Sanitarium District Act is
amended by changing Section 2 as follows:
(70 ILCS 920/2) (from Ch. 23, par. 1702)
Sec. 2. The proposition shall be substantially in the
following form:
-------------------------------------------------------------
"Shall there be organized a
tuberculosis sanitarium district in
accordance with the order of the YES
circuit court of .... county, dated
(insert date), under the date
of the .... day of .... 19.. --------------------------
to be known as (insert here the name of the
proposed district as entered in the order NO
of the court) and described as follows:
(Insert description of proposed district as
entered in the order of the circuit court)."
-------------------------------------------------------------
A statement of the result of such referendum in each
district shall be entered of record in the court, and if a
majority of the votes cast in any district upon such question
is found to be in favor of the organization of such
tuberculosis sanitarium district, such tuberculosis
sanitarium district shall thenceforth be deemed an organized
tuberculosis sanitarium district under this Act.
(Source: P.A. 83-343; revised 10-19-98.)
(70 ILCS 1105/0.01 rep.) (from Ch. 85, par. 6800)
Section 87. The Museum District Act is amended by
repealing Section 0.01.
Section 88. The Park District Code is amended by
changing Section 10-7d as follows:
(70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d)
Sec. 10-7d. If a majority of the voters in any park
district voting on the question at a referendum held for that
purpose votes in favor of selling such property under
Sections 10-7 to 10-7d hereof, inclusive, the governing board
shall, proceed to sell such property at public auction after
first giving two weeks' notice of the time and place and
terms of said sale by notice published two successive weeks,
once each week, the first publication to be not less than
fifteen days prior to the date fixed for said sale, in a
newspaper published and of general circulation in said
district, if there be such a newspaper. If there be no such
newspaper, then such publication may be had in a newspaper of
general circulation in the district, if any, or if none, then
by posting in not less than ten public places in such
district. Said board shall sell said property to the highest
responsible bidder at said auction and notice of sale shall
be in substantially the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the .... day of
...., 19.., the .... Park District will sell at public sale
at .... at the hour of .... o'clock ...M. the following
described property:
(Here describe property)
The terms of the sale shall be as follows:
(Here insert terms upon which property shall be sold).
By order of the Board of .... Park District.
.... (President of .... Park District)
Prior to directing notice for sale the board shall adopt
a resolution fixing the time for the sale, specifying the
terms of the sale which shall not be less than one-third of
the purchase price in cash and the balance in 2 equal
payments due not more than 6 months and 12 months from date
of sale.
In the event no bids are received at such sale, said
property may, without another referendum on such question,
again be advertised for sale at any time within 12 months
from date of the first sale, in the manner hereinabove
provided. The Board may reserve the right to reject any or
all bids and advertise for resale. In the event said
property is not sold within 12 months from date of the first
public sale, said property shall not be sold until a new
resolution is adopted with new opportunity for referendum on
such question by the voters.
Any deed, subject to the provisions of Sections 10-7a to
this Section 10-7d, inclusive, shall be executed by the
president and secretary of the district and shall be
deposited in escrow with the treasurer of said district, and
shall not be released to the purchaser of said property or
recorded until the purchase price therefor has been deposited
in full with said treasurer. Any proceeds derived from the
sale of such property shall become a part of the general
corporate funds of said district.
(Source: P.A. 81-1489; revised 10-20-98.)
Section 89. The Lincoln Park Commissioners Land
Condemnation Act is amended by changing Section 3 as follows:
(70 ILCS 1570/3) (from Ch. 105, par. 81)
Sec. 3. The commissioners of Lincoln Park may, by be
contract with or deeds from the owner or owners thereof,
acquire the riparian rights appurtenant to the shore lands
adjacent to and adjoining the submerged lands so granted and
so much of the shore lands and interests therein and such
right to impose restrictions upon the use thereof as to the
commissioners of Lincoln Park shall seem necessary and
desirable and in acquiring such rights and interests the
commissioners of Lincoln Park may agree with such owner or
owners upon a boundary line dividing the submerged and
adjacent and adjoining lands to be held and used for the
proposed park, boulevard, or driveway extension and the
submerged and adjacent and adjoining lands to be retained and
held by such owner or owners in lieu of and as compensation
for the release of such riparian and other rights and shore
lands and interests therein to the Commissioners of Lincoln
Park. In all cases where the Commissioners of Lincoln Park
shall have acquired or contracted to acquire such shore lands
and interests therein and riparian and other rights
appurtenant thereto or shall have agreed with any owner or
owners upon a boundary line as hereinabove provided, the
owner or owners of such shore lands and interests therein and
riparian and other rights appurtenant thereto may file a
complaint in the Circuit Court of the county in which the
lands are situated, in which complaint the Commissioners of
Lincoln Park shall be made defendants, praying that the
boundary line between the lands of the plaintiffs in the
action and the lands acquired by the Commissioners of Lincoln
Park under this Act, may be established and defined by the
judgment of the Circuit Court. The defendant shall be served
with process in the action so instituted in the same manner
as in other civil cases, and the proceedings in the cause may
be conducted in the same manner as in other civil cases, and
the court shall have power by its final judgment in the cause
to establish the dividing or boundary line between the lands
of the plaintiffs and the lands of the Commissioners of
Lincoln Park adjacent thereto, and the line so established by
the judgment of the Circuit Court shall be the permanent
boundary line of the shore lands which shall not be affected
or changed thereafter, either by accretions or erosions, and
the owners of the shore lands shall have the right to
improve, protect, sell and convey the shore lands up to the
boundary line so established, free from any adverse claim in
any way arising out of any question as to where the shore
line was at any time in the past or as to the title of
existing accretions, if any, to the shore land. In the event
that any owner or party interested in any of the shore lands
shall be unable to contract with the Commissioners of Lincoln
Park by reason of minority or other disability, a complaint
may be filed by the guardian or next friend or other legal
representative of such owner in the circuit court in the
county in which such lands are situated, in which the
Commissioners of Lincoln Park shall be made defendant,
praying that such proceedings may be had and such order or
judgment entered as may be necessary or proper to protect the
interests of the plaintiff in the shore lands. The defendant
shall be served with process in the same manner as in other
civil cases and the proceedings in the cause shall be
conducted in the same manner as in other civil cases, and the
court shall have power by its final judgment upon such terms
and conditions as it may deem reasonable and fair, to
transfer to the Commissioners of Lincoln Park all the
riparian rights of the plaintiff, and also to establish the
boundary line between the lands owned by the plaintiff, and
the lands of the Commissioners of Lincoln Park.
(Source: P.A. 83-345; revised 10-31-98.)
Section 90. The Havana Regional Port District Act is
amended by changing Section 4 as follows:
(70 ILCS 1805/4) (from Ch. 19, par. 604)
Sec. 4. The Port District has the following functions,
powers and duties:
(a) to study the existing harbor facilities within the
area of the Port District and recommend to appropriate
governmental agencies, including the General Assembly of
Illinois, such changes and modifications as may from time to
time be required for continuing development therein and to
meet changing business and commercial needs;
(b) to make an investigation of conditions within the
Port District and prepare and adopt a comprehensive plan for
the development of port facilities for the Port District. In
preparing and recommending changes and modifications in
existing harbor facilities, or a comprehensive plan for the
development of such port facilities, the Port District, if
deemed desirable, may set aside and allocate an area or
areas, within the lands owned by the Port District, to be
leased to private parties for industrial, manufacturing,
commercial, or harbor purposes, where such area or areas in
the opinion of the Board, are not required for primary
purposes in the development of harbor and port facilities for
the use of public water and land transportation, or will not
be needed immediately for such purposes, and where such
leasing in the opinion of the Board will aid and promote the
development of terminal and port facilities;
(c) to issue permits for the construction of wharves,
piers, dolphins, booms, weirs, breakwaters, bulkheads,
jetties, bridges or other structures of any kind in any
navigable waters within the Port District or for the deposit
of rock, earth, sand or other material, or any matter of any
kind or description in such waters and to regulate beyond the
limits or jurisdiction of any municipality the anchorage,
moorage and speed of vessels and to establish and enforce
regulations for the operation of bridges; provided, however,
that any permit issued or regulation established or adopted
by the Port District shall be subject to the paramount
authority of the Federal Government to regulate navigation
and the Department of Natural Resources of the State of
Illinois under the Rivers, Lakes, and Streams Act;.
(d) to acquire, own, construct, lease and maintain port
and water terminal facilities and transportation facilities
thereto within the Port District, and, subject to the
provisions of Section 5 of this Act, to operate or contract
for the operation of such facilities, and to fix and collect
just, reasonable, and non-discriminatory charges or rentals
for the use of such facilities. The charges or rentals so
collected shall be deposited in the treasury of the Port
District, and be used to defray the reasonable expenses of
the Port District, and to pay the principal and interest upon
any revenue bonds issued by the Port District;
(e) to enter into contracts dealing in any manner with
the objects and purposes of this Act.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 91. The Illinois International Port District Act
is amended by changing Section 4 as follows:
(70 ILCS 1810/4) (from Ch. 19, par. 155)
Sec. 4. It shall be the duty of the Port District:
(a) To study the existing harbor plans within the area
of the Port District and to recommend to the appropriate
governmental agency, including the General Assembly of
Illinois, such changes and modifications as may from time to
time be required by the continuing development therein and to
meet changing business and commercial needs.
(b) To make an investigation of conditions within the
area of the Port District and to prepare and adopt a
comprehensive plan for the development of the port facilities
for the said Port District. In preparing and recommending
changes and modifications in existing harbor plans, or a
comprehensive plan for the development of said port
facilities, as above provided, the District may if it deems
desirable set aside and allocate an area, or areas, within
the lands held by it, to be used and operated by the District
or leased to private parties for industrial, manufacturing,
commercial, recreational, or harbor purposes, where such area
or areas are not, in the opinion of the District, required
for its primary purposes in the development of harbor and
port facilities for the use of public water and land
transportation, or will not be immediately needed for such
purposes, and where such use and operation or leasing will in
the opinion of the District aid and promote the development
of terminal and port facilities.
(c) To study and make recommendations to the proper
authority for the improvement of terminal, lighterage,
wharfage, warehousing, transfer and other facilities
necessary for the promotion of commerce and the interchange
of traffic within, to and from the Port District.;
(d) To study, prepare and recommend by specific
proposals to the General Assembly of Illinois changes in the
jurisdiction of the Port District.;
(e) To petition any federal, state, municipal or local
authority, administrative, judicial and legislative, having
jurisdiction in the premises, for the adoption and execution
of any physical improvement, change in method, system of
handling freight, warehousing, docking, lightering and
transfer of freight, which in the opinion of the Port
District may be designed to improve or better the handling of
commerce in and through the Port District or improve terminal
or transportation facilities therein.;
(f) To foster, stimulate and promote the shipment of
cargoes and commerce through such ports, whether originating
within or without the State of Illinois.;
(g) To acquire, construct, own, lease and develop
terminals, wharf facilities, piers, docks, warehouses, bulk
terminals, grain elevators, tug boats and other harbor
crafts, and any other port facility or port-related facility
or service as it finds necessary and convenient.;
(h) To perform any other act or function which may tend
to or be useful toward development and improvement of
harbors, sea ports, and port-related facilities and services
and to increase foreign and domestic commerce through the
harbors and ports within the City of Chicago.
(Source: P.A. 88-539; revised 10-31-98.)
Section 92. The Jackson-Union Counties Regional Port
District Act is amended by changing Section 4 as follows:
(70 ILCS 1820/4) (from Ch. 19, par. 854)
Sec. 4. The Port District has the following rights and
powers:
1. To issue permits: for the construction of all
wharves, piers, dolphins, booms, weirs, breakwaters,
bulkheads, jetties, bridges or other structures of any kind,
over, under, in, or within 40 feet of any navigable waters
within the Port District; for the deposit of rock, earth,
sand or other material, or any matter of any kind or
description in said waters; except that nothing contained in
this paragraph 1 shall be construed so that it will be deemed
necessary to obtain a permit from the District for the
erection, operation or maintenance of any bridge crossing a
waterway which serves as a boundary between the State of
Illinois and any other state, when said erection, operation
or maintenance is performed by any city within the District;
2. To prevent or remove obstructions in navigable
waters, including the removal of wrecks;
3. To locate and establish dock lines and shore or
harbor lines;
4. To regulate the anchorage, moorage and speed of water
borne vessels and to establish and enforce regulations for
the operation of bridges, except nothing contained in this
paragraph 4 shall be construed to give the District authority
to regulate the operation of any bridge crossing a waterway
which serves as a boundary between the State of Illinois and
any other state, when such operation is performed or to be
performed by any city within the District;
5. To acquire, own, construct, lease, operate and
maintain terminals, terminal facilities and port facilities,
and to fix and collect just, reasonable and nondiscriminatory
charges for the use of such facilities. The charges so
collected shall be used to defray the reasonable expenses of
the Port District and to pay the principal of and interest on
any revenue bonds issued by the District;
6. To locate, establish and maintain a public airport,
public airports and public airport facilities within its
corporate limits or within or upon any body of water adjacent
thereto, and to construct, develop, expand, extend and
improve any such airport or airport facility;
7. To operate, maintain, manage, lease, sublease, and to
make and enter into contracts for the use, operation or
management of, and to provide rules and regulations for, the
operation, management or use of, any public airport or public
airport facility;
8. To fix, charge and collect reasonable rentals, tolls,
fees, and charges for the use of any public airport, or any
part thereof, or any public airport facility;
9. To establish, maintain, extend and improve roadways
and approaches by land, water or air to any such airport and
to contract or otherwise provide, by condemnation if
necessary, for the removal of any airport hazard or the
removal or relocation of all private structures, railways,
mains, pipes, conduits, wires, poles, and all other
facilities and equipment which may interfere with the
location, expansion, development, or improvement of airports
or with the safe approach thereto or takeoff therefrom by
aircraft, and to pay the cost of removal or relocation; and,
subject to the "Airport Zoning Act", approved July 17, 1945,
as amended, to adopt, administer and enforce airport zoning
regulations for territory which is within its corporate
limits or which extends not more than 2 miles beyond its
corporate limits;
10. To restrict the height of any object of natural
growth or structure or structures within the vicinity of any
airport or within the lines of an approach to any airport
and, when necessary, for the reduction in the height of any
such existing object or structure, to enter into an agreement
for such reduction or to accomplish same by condemnation;
11. To agree with the State or federal governments or
with any public agency in respect to the removal and
relocation of any object of natural growth, airport hazard or
any structure or building within the vicinity of any airport
or within an approach and which is owned or within the
control of such government or agency and to pay all or an
agreed portion of the cost of such removal or relocation;
12. For the prevention of accidents, for the furtherance
and protection of public health, safety and convenience in
respect to aeronautics, for the protection of property and
persons within the District from any hazard or nuisance
resulting from the flight of aircraft, for the prevention of
interference between, or collision of, aircraft while in
flight or upon the ground, for the prevention or abatement of
nuisances in the air or upon the ground or for the extension
of increase in the usefulness or safety of any public airport
or public airport facility owned by the District, the
District may regulate and restrict the flight of aircraft
while within or above the incorporated territory of the
District;
13. To police its physical property only and all
waterways and to exercise police powers in respect thereto or
in respect to the enforcement of any rule or regulation
provided by the ordinances of the District and to employ and
commission police officers and other qualified persons to
enforce the same. The use of any such public airport or
public airport facility of the District shall be subject to
the reasonable regulation and control of the District and
upon such reasonable terms and conditions as shall be
established by its Board. A regulatory ordinance of the
District adopted under any provisions of this Section may
provide for a suspension or revocation of any rights or
privileges within the control of the District for a violation
of any such regulatory ordinance. Nothing in this Section or
in other provisions of this Act shall be construed to
authorize the Board to establish or enforce any regulation or
rule in respect to aviation, or the operation or maintenance
of any airport facility within its jurisdiction, which is in
conflict with any federal or state law or regulation
applicable to the same subject matter;
14. To enter into agreements with the corporate
authorities or governing body of any other municipal
corporation or any political subdivision of this State to pay
the reasonable expense of services furnished by such
municipal corporation or political subdivision for or on
account of income producing properties of the District;
15. To enter into contracts dealing in any manner with
the objects and purposes of this Act;
16. To acquire, own, lease, sell or otherwise dispose of
interests in and to real property and improvements situated
thereupon and in personal property necessary to fulfill the
purposes of the District;
17. To designate the fiscal year for the District;
18. To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to
accomplish the District's primary purpose;
19. To build, construct, repair and maintain levees;.
20. To enter into agreements with banks and other
lending institutions guaranteeing the contract performance of
a person or other business entity doing or planning to do
business in the Jackson County and Union County area;.
21. To make and give grants to a person or business
entity doing or planning to do business in the Jackson County
and Union County area;.
22. To acquire, own, construct, lease, operate, and
maintain industrial plants and facilities, including, but not
limited to, ethanol plants and facilities, and the
by-products therefrom, within the confines of Jackson County
and Union County. The charges so collected shall be used to
defray the reasonable expenses of the Port District and to
pay the principal and interest of any revenue bonds issued by
the district.
(Source: P.A. 89-29, eff. 6-23-95; 89-78, eff. 6-30-95;
revised 10-31-98.)
Section 93. The Sanitary District Act of 1917 is amended
by changing Sections 22a.18, 22a.36, and 25 as follows:
(70 ILCS 2405/22a.18) (from Ch. 42, par. 317d.19)
Sec. 22a.18. Notice by publication. Petitioner, in
addition to other required notices, shall publish a notice at
least twice, not more than 30 nor less than 15 days in
advance of the time at which confirmation of the specified
assessment is to be sought, in a newspaper having a general
circulation within the district. The notice may be
substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the
board of trustees of the ........ sanitary district having
ordered that (here insert a brief description of the nature
of the improvement), the ordinance for the improvement being
on file in the office of the district clerk, having applied
to the circuit court of ....... County for an assessment of
the costs of the improvement, according to benefits, and an
assessment therefor having been made and returned to that
court, the final hearing thereon will be had on (insert
date), the ..... day of ........., 19...., at .......
o'clock, or as soon thereafter as the business of the court
will permit. All persons desiring may file objections in
that court before that day and may appear on the hearing and
make their defense."
Where the assessment is payable in installments, the
number of installments and the rate of interest also may be
stated.
(Source: P.A. 85-1137; revised 10-20-98.)
(70 ILCS 2405/22a.36) (from Ch. 42, par. 317d.37)
Sec. 22a.36. Collector's notice. The collector
receiving such a warrant shall give notice thereof within 30
days by publishing a notice at least twice in a newspaper
having a general circulation within the district. This
notice may be substantially in the following form:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given that the (here insert title of
court) has rendered judgment for a special assessment (or
special tax) upon property benefited by the following
improvement: (here briefly describe the character and
location of the improvement in general terms) as will more
fully appear from the certified copy of the judgment on file
in my office; that the warrant for the collection of this
assessment (or special tax) is in my possession. All persons
interested are hereby notified to call and pay the amount
assessed at the collector's office (here insert location of
office) within 30 days from the date hereof.
Dated (insert date). this .... day of .............., 19....
...............................
Collector."
When such an assessment or special tax is levied to be
paid in installments, the notice shall also contain the
aggregate amount of each installment, the rate of interest
deferred installments bear and the date when payable.
(Source: P.A. 85-1137; revised 10-20-98.)
(70 ILCS 2405/25) (from Ch. 42, par. 317g)
Sec. 25. The board of trustees of any sanitary district
may arrange to provide for the benefit of employees and
trustees of the sanitary district group life, health,
accident, hospital and medical insurance, or any one or any
combination of such types of insurance. The Board of
trustees may also elect to self insure the district's
employees. In the event the board arranges to provide
insurance, such insurance may include provision for employees
and trustees who rely on treatment by prayer or spiritual
means alone for healing in accordance with the tenets and
practice of a well recognized religious denomination. The
board of trustees may provide for payment by the sanitary
district of the premium or charge for such insurance.
If the board of trustees elects to provide the insurance,
but does not provide for a plan pursuant to which the
sanitary district pays the premium or charge for any group
insurance plan, the board of trustees may provide for the
withholding and deducting from the compensation of such of
the employees and trustees as consent thereto the premium or
charge for any group life, health, accident, hospital and
medical insurance.
If the board of trustees elects to provide insurance
under the provisions of this Section, it may exercise the
powers granted in this Section only if the kinds of such
group insurance are obtained from any insurance company
authorized to do business in the State of Illinois or any
other for-profit or not-for-profit organization or service
offering similar coverage including without limitation,
hospitals, clinics, health maintenance organizations, and
physicians' groups. The board of trustees may enact an
ordinance prescribing the method of operation of the
insurance or self-insurance program and for entering into
contracts with for-profit and not-for-profit organizations or
services providing health care services.
(Source: P.A. 90-655, eff. 7-30-98; 90-697, eff. 8-7-98;
revised 9-16-98.)
Section 94. The Metropolitan Water Reclamation District
Act is amended by changing Sections 4.2 and 220 as follows:
(70 ILCS 2605/4.2) (from Ch. 42, par. 323.2)
Sec. 4.2. There is hereby created and established a civil
service board to consist of 3 persons to be selected in the
manner following:
The governing authority or body of the such sanitary
district, hereinafter called the trustees, shall on or before
January 31, 1952 appoint a civil service board of 3 members,
all of whom shall be persons who are not trustees and not
more than 2 of whom shall be affiliated with the same
political party. Each member shall have been a qualified
elector of the sanitary district for at least 5 years
immediately prior to his or her appointment and shall believe
firmly in the merit system of government. No person shall be
appointed to the civil service board who has held an elective
public office or a position in a political party within the 2
years immediately prior to his or her appointment. No member
of the board shall be a member of a committee in any partisan
political club or organization, or shall hold or be a
candidate for any elective public office.
Of the members so appointed, one shall be appointed for a
term of 2 years, one for a term of 4 years and one for a term
of 6 years beginning February 1, 1952. All subsequent
appointments shall be for 6 year terms beginning February 1
of the year in which the antecedent term expires. In the
event a vacancy occurs shall occur from any cause in the
office of any such member, the unexpired portion of the term
thereof shall be filled by appointment within 60 days by the
said trustees. The board shall elect from its members a
chairman, vice-chairman and secretary. Each shall serve for
a term of 2 years or until a successor is elected. Each
member of the board shall receive a salary of $15,000 per
annum, except the Chairman, who shall receive a salary of
$17,500 per annum. Two members of the civil service board
shall constitute a quorum, but in no instance shall the board
have authority or exercise responsibility if 60 days after a
vacancy exists on the board it has not been filled by
appointment.
No member of the civil service board shall be removed
except for palpable incompetence or malfeasance in office
upon written charges filed by or at the direction of the
trustees and heard before the trustees sitting as the board
of hearings herein provided for.
The board of hearings hearing shall hear and determine
the charges and its findings shall be final. and If the such
charges are shall be sustained, the member of the civil
service board so charged shall be forthwith removed from
office by the said board of hearings and the trustees shall
thereupon proceed within 30 days to fill the vacancy created
by that such removal. In all proceedings provided for in
this Section, the board of hearings and each member thereof
shall have power to administer oaths and to compel by
subpoena the attendance and testimony of witnesses and the
production of books and papers.
(Source: P.A. 87-762; revised 2-24-98.)
(70 ILCS 2605/220) (from Ch. 42, par. 349.220)
Sec. 220. District enlarged. As of November 14, 1973,
the corporate limits of the Metropolitan Sanitary District of
Greater Chicago are extended so as to embrace and include
within the same the territory and tracts of land situated in
the County of Cook, State of Illinois, described as follows:
Those portions of Sections 19, 20 and 29 lying South of
the centerline of the Little Calumet River, all in Township
36 North, Range 15 East of the Third Principal Meridian; also
all of Sections 30, 31 and 32, all in Township 36 North,
Range 15 East of the Third Principal Meridian; also all of
Sections 5 and 6, Township 35 North, Range 15 East of the
Third Principal Meridian (except those portions thereof which
are now within the corporate limits of the Metropolitan
Sanitary District of Greater Chicago); also the East 1/2 of
Sections 25 and 36, all in Township 36 North, Range 14 East
of the Third Principal Meridian (except those portions
thereof which are now within the corporate limits of the
Metropolitan Sanitary District of Greater Chicago).
(Source: P.A. 87-834; revised 2-24-98.)
Section 95. The Sanitary District Act of 1936 is amended
by changing Sections 56 and 74 as follows:
(70 ILCS 2805/56) (from Ch. 42, par. 447.20)
Sec. 56. Notice by publication. Petitioner, in addition
to other required notices, shall publish a notice at least
twice, not more than 30 nor less than 15 days in advance of
the time at which confirmation of the specified assessment is
to be sought, in a newspaper having a general circulation
within the district. The notice may be substantially as
follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the
board of trustees of the ........ sanitary district having
ordered that (here insert a brief description of the nature
of the improvement), the ordinance for the improvement being
on file in the office of the district clerk, having applied
to the circuit court of ....... County for an assessment of
the costs of the improvement, according to benefits, and an
assessment therefor having been made and returned to that
court, the final hearing thereon will be had on (insert date)
the ..... day of ........., 19...., at ....... o'clock, or as
soon thereafter as the business of the court will permit.
All persons desiring may file objections in that court before
that day and may appear on the hearing and make their
defense."
Where the assessment is payable in installments, the
number of installments and the rate of interest also may be
stated.
(Source: P.A. 85-1137; revised 10-20-98.)
(70 ILCS 2805/74) (from Ch. 42, par. 447.38)
Sec. 74. Collector's notice. The collector receiving
such a warrant shall give notice thereof within 30 days by
publishing a notice at least twice in a newspaper having a
general circulation within the district. This notice may be
substantially in the following form:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given that the (here insert title of
court) has rendered judgment for a special assessment (or
special tax) upon property benefited by the following
improvement: (here briefly describe the character and
location of the improvement in general terms) as will more
fully appear from the certified copy of the judgment on file
in my office; that the warrant for the collection of this
assessment (or special tax) is in my possession. All persons
interested are hereby notified to call and pay the amount
assessed at the collector's office (here insert location of
office) within 30 days from the date hereof.
Dated (insert date). this .... day of .............., 19....
...............................
Collector."
When such an assessment or special tax is levied to be
paid in installments, the notice shall also contain the
aggregate amount of each installment, the rate of interest
deferred installments bear and the date when payable.
(Source: P.A. 85-1137; revised 10-20-98.)
Section 96. The Metro-East Sanitary District Act of 1974
is amended by changing Section 4-2 as follows:
(70 ILCS 2905/4-2) (from Ch. 42, par. 504-2)
Sec. 4-2. The Executive Director shall be the chief
executive and administrative officer of the district and
shall be responsible to the board for the proper
administration of all affairs of the district, including but
not limited to, the board's boards's compliance with
subsection (b) of Section 3-3, and to that end he shall:
(1) Appoint and, when necessary for the good of the
service, remove all officers and employees of the district,
except as otherwise provided in this Act, and except as he
may authorize the head of a department or office to appoint
subordinates in such department or office.
(2) Prepare the budget annually and submit it to the
Board and be responsible for its administration after
adoption.
(3) Prepare and submit to the board and the Department
of Natural Resources, as of the end of the fiscal year, a
complete report of the finances and administrative activities
of the district and all subdistricts for the year, and submit
any interim reports that the Department of Natural Resources
requests.
(4) Keep the board advised of the financial condition of
the district and all subdistricts and make recommendations
concerning their future needs.
(5) Attend all meetings of the board and, in so far as
possible, its committees.
(6) Enforce all district ordinances and see that all
contracts are faithfully performed.
(7) Advise, assist, and cooperate in fostering the
interest of institutions of learning and civic, professional,
and employee organizations in the improvement of personnel
standards and conditions in the district.
(8) Perform such other duties as may be prescribed by
this Act or required of him by the board, not inconsistent
with this Act.
(Source: P.A. 89-445, eff. 2-7-96; revised 2-24-98.)
Section 97. The Regional Transportation Authority Act is
amended by changing Sections 2.08, 2.16, 4.03.1, and 4.09 as
follows:
(70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
Sec. 2.08. Protection Against Crime. The Authority shall
cooperate with the various State, municipal, sheriff's and
transportation agency police forces in the metropolitan
region for the protection of employees and consumers of
public transportation services and public transportation
facilities against crime. The Authority may provide by
ordinance for an Authority police force to aid, coordinate
and supplement other police forces in protecting persons and
property and reducing the threats of crime with regard to
public transportation. Such police shall have the same
powers with regard to such protection of persons and property
as those exercised by police of municipalities and may
include members of other police forces in the metropolitan
region. The Authority shall establish minimum standards for
selection and training of members of such police force
employed by it. Training shall be accomplished at schools
certified by the Illinois Local Governmental Law Enforcement
Officers and Training Standards Board established pursuant to
the "Illinois Police Training Act", approved August 18, 1965,
as now or hereafter amended. Such training shall be subject
to the rules and standards adopted pursuant to Section 7 of
that Act. The Authority may participate in any training
program conducted under that Act. The Authority may provide
for the coordination or consolidation of security services
and police forces maintained with regard to public
transportation services and facilities by various
transportation agencies and may contract with any
municipality or county in the metropolitan region to provide
protection of persons or property with regard to public
transportation. Employees of the Authority or of any
transportation agency affected by any action of the Authority
under this Section shall be provided the protection set forth
in Section 2.16. Neither the Authority, the Suburban Bus
Division, the Commuter Rail Division, nor any of their
Directors, officers or employees shall be held liable for
failure to provide a security or police force or, if a
security or police force is provided, for failure to provide
adequate police protection or security, failure to prevent
the commission of crimes by fellow passengers or other third
persons or for the failure to apprehend criminals.
(Source: P.A. 84-939; revised 7-10-98.)
(70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
Sec. 2.16. Employee Protection.
(a) The Authority shall insure that every employee of
the Authority or of a Service Board or transportation agency
shall receive fair and equitable protection against actions
of the Authority which shall not be less than those
established pursuant to Section 13(c) of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. Sec.
1609(c)), and Section 405(b) of the Rail Passenger Service
Act of 1970, as amended (45 U.S.C. Sec. 565(b)), and as
prescribed by the United States Secretary of Labor
thereunder, at the time of the protective agreement or
arbitration decision providing protection.
(b) The Authority shall negotiate or arrange for the
negotiation of such fair and equitable employee arrangements
with the employees, through their accredited representatives
authorized to act for them. If agreement cannot be reached on
the terms of such protective arrangement, any party may
submit any matter in dispute to arbitration. In such
arbitration, each party shall have the right to select
non-voting arbitration board members. The impartial
arbitrator will be selected by the American Arbitration
Association and appointed from a current listing of the
membership of the National Academy of Arbitrators, upon
request of any party. The impartial arbitrator's decision
shall be final and binding on all parties. Each party shall
pay an equal proportionate share of the impartial
arbitrator's fees and expenses.
(c) For purposes of Sections 2.15 through 2.19,:
"actions of the Authority" include its acquisition and
operation of public transportation facilities, the execution
of purchase of service agreements and grant contracts made
under this Act and the coordination, reorganization,
combining, leasing, merging of operations or the expansion or
curtailment of public transportation service or facilities by
the Authority, but does not include a failure or refusal to
enter into a purchase of service agreement or grant contract.
(Source: P.A. 83-886; revised 10-31-98.)
(70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
Sec. 4.03.1. (a) The Board may impose a tax upon all
persons engaged in the business of renting automobiles in the
metropolitan region at the rate of not to exceed 1% of the
gross receipts from such business within Cook County and not
to exceed 1/4% of the gross receipts from such business
within the Counties of DuPage, Kane, Lake, McHenry and Will.
The tax imposed pursuant to this paragraph and all civil
penalties that may be assessed as an incident thereof shall
be collected and enforced by the State Department of Revenue.
The certificate of registration which is issued by the
Department to a retailer under the "Retailers' Occupation Tax
Act", approved June 23, 1933, as amended, or under the
"Automobile Renting Occupation and Use Tax Act", enacted by
the Eighty-Second General Assembly, shall permit such person
to engage in a business which is taxable under any ordinance
or resolution enacted pursuant to this paragraph without
registering separately with the Department under such
ordinance or resolution or under this paragraph. The
Department shall have full power to administer and enforce
this paragraph; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided, and to determine all rights
to credit memoranda, arising on account of the erroneous
payment of tax or penalty hereunder. In the administration
of, and compliance with, this paragraph, the Department and
persons who are subject to this paragraph shall have the same
rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ
the same modes of procedure, as are prescribed in Sections 2
and 3 (in respect to all provisions therein other than the
State rate of tax; and with relation to the provisions of the
"Retailers' Occupation Tax" referred to therein, except as to
the disposition of taxes and penalties collected, and except
for the provision allowing retailers a deduction from the tax
cover certain costs, and except that credit memoranda issued
hereunder may not be used to discharge any State tax
liability) of the "Automobile Renting Occupation and Use Tax
Act", enacted by the Eighty-Second General Assembly, as the
same are now or may hereafter be amended, as fully as if
provisions contained in those Sections of said Act were set
forth herein. Persons subject to any tax imposed pursuant to
the authority granted in this paragraph may reimburse
themselves for their tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax
which sellers are required to collect under the "Automobile
Renting Occupation and Use Tax Act" pursuant to such bracket
schedules as the Department may prescribe. Nothing in this
paragraph shall be construed to authorize the Authority to
impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States State may
not be made the subject of taxation by this State.
(b) The Board may impose a tax upon the privilege of
using, in the metropolitan region an automobile which is
rented from a renter outside Illinois, and which is titled or
registered with an agency of this State's government, at a
rate not to exceed 1% of the rental price of such automobile
within the County of Cook, and not to exceed 1/4% of the
rental price within the counties of DuPage, Kane, Lake,
McHenry and Will. Such tax shall be collected from persons
whose Illinois address for titling or registration purposes
is given as being in the metropolitan region. Such tax shall
be collected by the Department of Revenue for the Regional
Transportation Authority. Such tax must be paid to the State,
or an exemption determination must be obtained from the
Department of Revenue, before the title or certificate of
registration for the property may be issued. The tax or proof
of exemption may be transmitted to the Department by way of
the State agency with which, or State officer with whom, the
tangible personal property must be titled or registered if
the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration. The Department shall
have full power to administer and enforce this paragraph; to
collect all taxes, penalties and interest due hereunder; to
dispose of taxes, penalties and interest so collected in the
manner hereinafter provided, and to determine all rights to
credit memoranda or refunds arising on account of the
erroneous payment of tax, penalty or interest hereunder. In
the administration of, and compliance with, this paragraph,
the Department and persons who are subject to this paragraph
shall have the same rights, remedies, privileges, immunities,
powers and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are
prescribed in Sections 2 and 4 (except provisions pertaining
to the State rate of tax; and with relation to the provisions
of the "Use Tax Act" referred to therein, except provisions
concerning collection or refunding of the tax by retailers,
and except the provisions of Section 19 pertaining to claims
by retailers and except the last paragraph concerning
refunds, and except that credit memoranda issued hereunder
may not be used to discharge any State tax liability) of the
"Automobile Renting Occupation and Use Tax Act", enacted by
the Eighty-Second General Assembly, as the same are now or
may hereafter be amended, which are not inconsistent with
this paragraph, as fully as if provisions contained in those
Sections of said Act were set forth herein.
(c) Whenever the Department determines that a refund
should be made under this Section to a claimant instead of
issuing a credit memorandum, the Department shall notify the
State Comptroller, who shall cause the order to be drawn for
the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid
by the State Treasurer out of the Regional Transportation
Authority tax fund created pursuant to Section 4.03 of this
Act.
(d) The Department shall forthwith pay over to the State
Treasurer, ex-officio, as trustee, all taxes, penalties and
interest collected under this Section. On or before the 25th
day of each calendar month, the Department shall prepare and
certify to the State Comptroller the amount to be paid to the
Authority. The State Department of Revenue shall also certify
to the Authority the amount of taxes collected in each County
other than Cook County in the metropolitan region less the
amount necessary for the payment of refunds to taxpayers in
such County. With regard to the County of Cook, the
certification shall specify the amount of taxes collected
within the City of Chicago less the amount necessary for the
payment of refunds to taxpayers in the City of Chicago and
the amount collected in that portion of Cook County outside
of Chicago less the amount necessary for the payment of
refunds to taxpayers in that portion of Cook County outside
of Chicago. The amount to be paid to the Authority shall be
the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the
Department, and not including an amount equal to the amount
of refunds made during the second preceding calendar month
by the Department on behalf of the Authority. Within 10 days
after receipt, by the State Comptroller, of the disbursement
certification to the Authority, the State Comptroller shall
cause the orders to be drawn in accordance with the
directions contained in such certification.
(e) An ordinance imposing a tax hereunder or effecting a
change in the rate thereof shall be effective on the first
day of the calendar month next following the month in which
such ordinance is passed. The Board shall transmit to the
Department of Revenue on or not later than 5 days after
passage of the ordinance a certified copy of the ordinance
imposing such tax whereupon the Department of Revenue shall
proceed to administer and enforce this Section on behalf of
the Authority as of the effective date of the ordinance. Upon
a change in rate of a tax levied hereunder, or upon the
discontinuance of the tax, the Board shall, on or not later
than 5 days after passage of the ordinance discontinuing the
tax or effecting a change in rate, transmit to the Department
of Revenue a certified copy of the ordinance effecting such
change or discontinuance.
(Source: P.A. 83-886; revised 10-31-98.)
(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 this 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 (9) of
Section 49.19 of the 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 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; revised 10-31-98.)
Section 98. The Illinois Local Library Act is amended by
changing Sections 3-1, 3-4, and 4-7 and the caption to
Article 4 as follows:
(75 ILCS 5/3-1) (from Ch. 81, par. 3-1)
Sec. 3-1. In any city of 500,000 or fewer inhabitants,
the corporate authorities shall levy a tax for library
purposes of not to exceed .15% of the value of all the
taxable property in the city, as equalized or assessed by the
Department of Revenue. If the annual public library tax rate
of an established library was increased above .12% up to .20%
prior to 1972 as provided in this Act, the corporate
authorities shall then levy up to an additional .03% above
the increased rate approved at the election. If, however, the
corporate authorities desire to increase the tax rate but not
in excess of .60% of value for such purposes, the corporate
authorities may, by ordinance, stating the tax rate desired,
direct that a proposition be submitted to the voters of the
city at any regular election. The proposition shall be in
substantially the form prescribed in Section 3-3. If a
majority of the votes cast upon the proposition are in favor
thereof, the corporate authorities may thereafter levy
annually a tax for library purposes at the authorized
increased rate. Any tax levied pursuant to Section 3-9 shall
be disregarded in applying the provisions of this Section.
The corporate authorities may also levy an additional tax
of .02% of the value of all the taxable property in the city,
as equalized or assessed by the Department of Revenue, for
the purchase of sites and buildings, for the construction and
equipment of buildings, for the rental of buildings required
for library purposes, and for maintenance, repairs and
alterations of library buildings and equipment. In any year
in which the corporate authorities propose to levy such
additional .02% tax, the corporate authorities shall adopt a
resolution determining to levy such tax. Within 15 days
after the adoption of the resolution, it shall be published
at least once in one or more newspapers published in the
city, or if no newspaper is published therein, then in one or
more newspapers with a general circulation within the city.
In a city in which no newspaper is published, publication may
instead be made by posting a notice in three prominent places
within the city. The publication or posting of the resolution
shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of
the adoption of the resolution be submitted to the electors
of the city; (2) the time in which the petition must be
filed; and (3) the date of the prospective referendum. The
city clerk shall provide a petition form to any individual
requesting one. If no petition is filed with the corporate
authorities within 30 days after publication or posting of
the resolution, or if all petitions so filed are determined
to be invalid or insufficient the city shall then be
authorized to levy the tax. However, if within the 30 day
period, a petition is filed with the corporate authorities,
signed by electors of the city equal in number to 10% or more
of the total number of registered voters in the city, asking
that the question of levying such a .02% tax be submitted to
the electors of the city, the question shall be submitted at
an election. Notice of this referendum shall be given as
provided by the general election laws of the state, and the
referendum shall be held in all respects in accordance with
those laws. The proposition shall be in substantially the
following form: "Shall the corporate authorities of (name of
city) be authorized to levy an additional tax of ....% for
the construction of buildings, provision of sites, etc., as
determined by resolution dated (insert date) of ............,
19..?". If a majority of votes cast upon the proposition
are in favor thereof, the corporate authorities may levy the
additional tax.
(Source: P.A. 87-767; revised 10-19-98.)
(75 ILCS 5/3-4) (from Ch. 81, par. 3-4)
Sec. 3-4. When the electors of an incorporated town,
village or township have voted to establish and maintain a
public library as provided in Section 2-2, the corporate
authorities of such incorporated town, village or township
shall levy an annual tax for the establishment and
maintenance of such library, not exceeding .15% of the value
as equalized or assessed by the Department of Revenue. If the
petition and ballots so specify in the original establishment
as set forth in Section 2-2 of this Act, the corporate
authorities may levy a tax in excess of .15%, not to exceed
the rate specified in such establishment petition and ballot,
but in any event not to exceed .60% of the value as equalized
and assessed by the Department of Revenue. If the annual
public library tax rate of an established library was
increased above .12% up to .20% prior to 1972 as provided in
this Act, the corporate authorities shall then levy up to an
additional .03% above the increased rate approved at the
referendum. Such tax rate may be increased to not to exceed
.60% of the value, as equalized or assessed by the Department
of Revenue, or the excess tax shall no longer be levied, if
the electors of such incorporated town, village or township
shall so determine by referendum at any regular election.
Such referendum shall be petitioned for in the manner as the
referendum for the establishment and maintenance of the
library. Any tax levied pursuant to Section 3-9 shall be
disregarded in applying the provisions of this Section.
The corporate authorities may also levy an additional tax
of .02% of the value of all the taxable property in the
incorporated town, village or township, as equalized or
assessed by the Department of Revenue, for the purchase of
sites and buildings, for the construction and equipment of
buildings, for the rental of buildings required for library
purposes, and for maintenance, repairs and alterations of
library buildings and equipment. In any year in which the
corporate authorities propose to levy such additional .02%
tax, the corporate authorities shall adopt a resolution
determining to levy such tax. Within 15 days after the
adoption of the resolution, it shall be published at least
once in one or more newspapers published in the incorporated
town, village or township, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation therein. In an incorporated town, village or
township in which no newspaper is published, publication may
instead be made by posting a notice in three prominent
places. The publication or posting of the resolution shall
include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of
the adoption of the resolution be submitted to the electors
of the incorporated town, village or township; (2) the time
in which the petition must be filed; and (3) the date of the
prospective referendum. The clerk of the incorporated town,
village or township, shall provide a petition form to any
individual requesting one. If no petition is filed with the
corporate authorities within 30 days after publication or
posting of the resolution, the incorporated town, village or
township shall then be authorized to levy the tax. However,
if within the 30 day period, a petition is filed with the
corporate authorities, signed by electors of the incorporated
town, village or township equal in number to 10% or more of
the total number of registered voters in the incorporated
town, village or township, asking that the question of
levying such a .02% tax be submitted to the electors thereof,
the question shall be submitted at a special or general
election. Notice of this election shall be given as provided
by the general election laws of this state in force at the
time of the election, and the election shall be held in all
respects in accordance with those laws. The ballot on which
the proposition is submitted shall be in substantially the
following form: "Shall the corporate authorities of (name of
incorporated town, village or township) be authorized to levy
an additional tax of ...% for the construction of buildings,
provision of sites, etc., as determined by resolution dated
(insert date) of ....., 19?". If a majority of votes cast
upon the proposition are in favor thereof, the corporate
authorities may levy the additional tax.
(Source: P.A. 87-767; revised 10-19-98.)
(75 ILCS 5/Art. 4 heading)
ARTICLE 4. TRUSTEES DIRECTORS
(75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
Sec. 4-7. Each board of library trustees of a city,
incorporated town, village or township shall carry out the
spirit and intent of this Act in establishing, supporting and
maintaining a public library or libraries for providing
library service and, in addition to but without limiting
other powers conferred by this Act, shall have the following
powers:
1. To make and adopt such bylaws, rules and
regulations, for their own guidance and for the
government of the library as may be expedient, not
inconsistent with this Act;
2. To have the exclusive control of the expenditure
of all moneys collected for the library and deposited to
the credit of the library fund;
3. To have the exclusive control of the
construction of any library building and of the
supervision, care and custody of the grounds, rooms or
buildings constructed, leased or set apart for that
purpose;
4. To purchase or lease real or personal property,
and to construct an appropriate building or buildings for
the use of a library established hereunder, using, at the
board's option, contracts providing for all or part of
the consideration to be paid through installments at
stated intervals during a certain period not to exceed 20
years with interest on the unpaid balance at any lawful
rate for municipal corporations in this State, except
that contracts for installment purchases of real estate
shall provide for not more than 75% of the total
consideration to be repaid by installments, and to refund
at any time any installment contract entered into
pursuant to this paragraph by means of a refunding loan
agreement, which may provide for installment payments of
principal and interest to be made at stated intervals
during a certain period not to exceed 20 years from the
date of such refunding loan agreement, with interest on
the unpaid principal balance at any lawful rate for
municipal corporations in this State, except that no
installment contract or refunding loan agreement for the
same property or construction project may exceed an
aggregate of 20 years;
5. To remodel or reconstruct a building erected or
purchased by the board, when such building is not adapted
to its purposes or needs;
6. To sell or otherwise dispose of any real or
personal property that it deems no longer necessary or
useful for library purposes, and to lease to others any
real property not immediately useful but for which plans
for ultimate use have been or will be adopted but the
corporate authorities shall have the first right to
purchase or lease except that in the case of the City of
Chicago, this power shall be governed and limited by the
Chicago Public Library Act "An Act to authorize the
Chicago public library to erect and maintain a public
library on Dearborn Park in the city of Chicago, and to
authorize the Soldiers' Home in Chicago to sell and
dispose of its interest in the north one-quarter of the
said park", approved June 2, 1891, as amended;
7. To appoint and to fix the compensation of a
qualified librarian, who shall have the authority to hire
such other employees as may be necessary, to fix their
compensation, and to remove such appointees, subject to
the approval of the board, but these powers are subject
to Division 1 of Article 10 of the Illinois Municipal
Code in municipalities in which that Division is in
force. The board may also retain counsel and
professional consultants as needed;
8. To contract with any public or private
corporation or entity for the purpose of providing or
receiving library service or of performing any and all
other acts necessary and proper to carry out the
responsibilities, the spirit, and the provisions of this
Act. This contractual power includes, but is not limited
to, participating in interstate library compacts and
library systems, contracting to supply library services,
and expending of any federal or State funds made
available to any county, municipality, township or to the
State of Illinois for library purposes. However, if a
contract is for the supply of library services for
residents without a public library established under the
provisions of this Act, the terms of that contract will
recognize the principle of equity or cost of services to
non-residents expressed in this Section of this Act, and
will provide for the assumption by the contracting party
receiving the services of financial responsibility for
the loss of or damage to any library materials provided
to non-residents under the contract;
9. To join with the board or boards of any one or
more libraries in this State in maintaining libraries, or
for the maintenance of a common library or common library
services for participants, upon such terms as may be
agreed upon by and between the boards;
10. To enter into contracts and to take title to
any property acquired by it for library purposes by the
name and style of "The Board of Library Trustees of the
(city, village, incorporated town or township) of ...."
and by that name to sue and be sued;
11. To exclude from the use of the library any
person who wilfully violates the rules prescribed by the
board;
12. To extend the privileges and use of the
library, including the borrowing of materials on an
individual basis by persons residing outside of the city,
incorporated town, village or township. If the board
exercises this power, the privilege of library use shall
be upon such terms and conditions as the board shall from
time to time by its regulations prescribe, and for such
privileges and use, the board shall charge a nonresident
fee at least equal to the cost paid by residents of the
city, incorporated town, village or township, with the
cost to be determined according to the formula
established by the Illinois State Library. The
nonresident cards shall allow for borrowing privileges
only at the library where the card was issued. The
nonresident fee shall not apply to privilege and use
provided under the terms of the library's membership in a
library system operating under the provisions of the
Illinois Library System Act, under the terms of any
reciprocal agreement with a public or private corporation
or entity providing a library service, or to a
nonresident who as an individual or as a partner,
principal stockholder, or other joint owner owns taxable
property or is a senior administrative officer of a
firm, business, or other corporation owning taxable
property within the city, incorporated town, village or
township upon the presentation of the most recent tax
bill upon that taxable property, provided that the
privilege and use of the library is extended to only one
such nonresident for each parcel of such taxable
property;
13. To exercise the power of eminent domain subject
to the prior approval of the corporate authorities under
Sections 5-1 and 5-2 of this Act;
14. To join the public library as a member and to
join the library trustees as members in the Illinois
Library Association and the American Library Association,
non-profit, non-political, 501(c)(3) (501-C-3)
associations, as designated by the federal Internal
Revenue Service, having the purpose of library
development and librarianship; to provide for the payment
of annual membership dues, fees and assessments and act
by, through and in the name of such instrumentality by
providing and disseminating information and research
services, employing personnel and doing any and all other
acts for the purpose of improving library development;
15. To invest funds pursuant to the Public Funds
Investment Act "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943,
as amended;
16. To accumulate and set apart as reserve funds
portions of the unexpended balances of the proceeds
received annually from taxes or other sources, for the
purpose of providing self-insurance against liabilities
relating to the public library.
(Source: P.A. 88-253; revised 10-31-98.)
Section 99. The Illinois Library System Act is amended
by changing Sections 5, 7, and 8.1 as follows:
(75 ILCS 10/5) (from Ch. 81, par. 115)
Sec. 5. Each cooperative public library system or
multitype library system created by conversion of a
cooperative public library system as provided in Section 4 2
of this Act shall be governed by a board of directors
numbering at least 5 and no more than 15 persons. In
cooperative public library systems the members shall be
elected or selected from the governing boards of the
participating public libraries. In multitype library systems
the board shall be representative of the variety of library
interests in the system, and at least a majority shall be
elected or selected from the governing boards of the member
public libraries, with not more than one director
representing a single member library. The number of
directors, the manner of election or selection, the term of
office and the provision for filling vacancies shall be
determined by the system governing board except that all
board members must be eligible electors in the geographical
area of the system. No director of any library system,
however, shall be permitted to serve for more than a total of
6 years unless 2 years have elapsed since his sixth year of
service.
The board of directors shall elect a president, secretary
and treasurer. Before entering upon his duties, the treasurer
shall be required to give a bond in an amount to be approved
by the board, but in no case shall such amount be less than
50% of the system's area and per capita grant for the
previous year, conditioned that he will safely keep and pay
over upon the order of such board all funds received and held
by him for the library system. The funds of the library
system shall be deposited in a bank or savings and loan
association designated by the board of directors and shall be
expended only under the direction of such board upon properly
authenticated vouchers.
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.
The members of the board of directors of the library
system shall serve without compensation but their actual and
necessary expenses shall be a proper charge against the
library fund.
(Source: P.A. 83-1362; revised 10-31-98.)
(75 ILCS 10/7) (from Ch. 81, par. 117)
Sec. 7. Each board of library directors of a system
shall carry out the spirit and intent of this Act and, in
addition to the other powers conferred by this Act, shall
have the following powers:
1. To develop and to amend the bylaws and the plan of
service for the system subject to the approval of the State
Librarian.
2. To have the exclusive control of the expenditure of
all moneys and funds held in the name of the library system.
3. To make and adopt such policies, rules and
regulations for the government and operation of the library
system as necessary.
4. To purchase or lease ground and to construct,
purchase or lease, and occupy an appropriate building or
buildings for the use of the library system including but not
limited to the power to purchase or lease either real or
personal property for system purposes through contracts which
provide for the consideration for such purchase or lease to
be paid through installments at stated intervals during a
certain period not to exceed 20 years together with interest
at a rate not to exceed the interest rate specified in
Section 2 of the Bond Authorization Act "An Act to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May
26, 1970, as amended, on the unpaid balance owing and to
purchase real estate for system purposes upon a mortgage
basis for up to 75% of the total consideration therefor, the
remaining balance to be paid through installments at stated
intervals for a period not to exceed 20 years together with
interest at a rate not to exceed the interest rate specified
in Section 2 of the Bond Authorization Act "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May
26, 1970, as amended, on the unpaid balance owing, except
that in the case of a library system consisting of a single
public library or multitype library system serving a city of
over 500,000 population, this power shall be governed by the
provisions of Division 10 of Article 8 of the Illinois
Municipal Code, as heretofore or hereafter amended.
5. To appoint and to fix the compensation of a competent
librarian, who shall have the authority to hire such other
employees as may be necessary, to fix their compensation, and
to remove such appointees, subject to the approval of the
board. The board may also retain counsel and professional
consultants, as needed.
6. To contract with any public or private corporation or
entity for the purpose of providing or receiving library
service or of performing any and all other acts necessary and
proper to carry out the responsibilities and the provisions
of this Act. This power includes, but is not limited to
participation in interstate library compacts and library
systems, and the expenditure of any federal or State funds
made available to any county, municipality, township or to
the State of Illinois for library purposes.
7. To accrue and accumulate funds in special reserve
funds pursuant to the provisions of a plan to acquire realty,
improved or unimproved, for library system purposes.
8. To be a body politic and corporate, to contract and
to hold title to property by the name of the "Board of
Directors of the .... Library System, ...., Illinois", and
in that name to sue and be sued and to take any action
authorized by law.
9. To undertake programs for the purpose of encouraging
the addition to the district of adjacent areas without local
tax-supported library service, and to expend funds for this
purpose.
10. To join the library system as a member in the
Illinois Library Association and the American Library
Association, non-profit, non-political, 501(c)(3) (501-C-3)
associations, as designated by the federal Internal Revenue
Service, having the purpose of library development and
librarianship; to provide for the payment of annual
membership dues, fees and assessments and act by, through and
in the name of such instrumentality by providing and
disseminating information and research services, employing
personnel and doing any and all other acts for the purpose of
improving library development.
11. To take and to have title to any personal or real
property acquired by it for library system purposes.
12. To borrow funds for the purpose of expanding or
improving the system's facilities through the mortgaging of
system owned property or of borrowing against other system
owned assets. The mortgaging of system owned property or the
borrowing against other system owned assets shall not exceed
75% of the value thereof.
(Source: P.A. 85-706; revised 10-31-98.)
(75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
Sec. 8.1. The State Librarian shall make grants annually
under this Section to all qualified public libraries in the
State from funds appropriated by the General Assembly. Such
grants shall be in the amount of up to $1.25 per capita for
the population of the area served by the respective public
library and, in addition, the amount of up to $0.19 per
capita to libraries serving populations over 500,000 under
the Illinois Major Urban Library Program. If the moneys
appropriated for grants under this Section are not
sufficient the State Librarian shall reduce the per capita
amount of the grants so that the qualifying public libraries
receive the same amount per capita.
To be eligible for grants under this Section, a public
library must:
(1) Provide, as determined by the State Librarian,
library services which either meet or show progress
toward meeting the Illinois library standards, as most
recently adopted by the Illinois Library Association.
(2) Be a public library for which is levied a tax
for library purposes at a rate not less than .13% or a
county library for which is levied a tax for library
purposes at a rate not less than .07%. If a library is
subject to the Property Tax Extension Limitation Law in
the Property Tax Code and its tax levy for library
purposes has been lowered to a rate of less than .13%,
this requirement will be waived if the library qualified
for this grant in the previous year and if the tax levied
for library purposes in the current year produces tax
revenue for library purposes that is an increase over the
previous year's extension of 5% or the percentage
increase in the Consumer Price Index, whichever is less.
Any other language in this Section to the contrary
notwithstanding, grants under this Section 8.1 shall be made
only upon application of the public library concerned, which
applications shall be entirely voluntary and within the sole
discretion of the public library concerned.
Notwithstanding the first paragraph of this Section,
during fiscal year 1978, the amount of grants under this
Section shall be $0.25 .25 per capita, during fiscal year
1979 the amount of grants under this Section shall be $0.50
per capita, during fiscal year 1980 the amount of grants
under this Section shall be $0.75 per capita, during fiscal
year 1981 through fiscal year 1993 the amount of grants shall
be $1 per capita, and during fiscal year 1994 and thereafter
the amount of public library grants shall be $1.25 per
capita, and the amount of the Major Urban Library Program
grants shall be $0.19 per capita. If the monies appropriated
for these grants are not sufficient, the State Librarian
shall reduce the per capita amount of the grants
proportionately.
In order to be eligible for a grant under this Section,
the corporate authorities, in lieu of a tax levy at a
particular rate, may provide funds from other sources, an
amount equivalent to the amount to be produced by that levy.
(Source: P.A. 90-169, eff. 7-23-97; revised 10-31-98.)
Section 100. The Township Library Bond Act is amended by
changing Section 8 as follows:
(75 ILCS 35/8) (from Ch. 81, par. 53)
Sec. 8. The board of directors of the public library of
any township, which has issued bonds pursuant to the
provisions of this Act, shall, on or before the first Tuesday
in August, of each year, ascertain as near as practicable,
the amount of money which must be raised by special taxation
for the ensuing year, for the purpose of paying the interest
upon such bonds and the principal thereof, as they
respectively become due; and shall cause the same to be
certified, under the signatures of the president and
secretary of such board of directors, and filed in the office
of the county clerk of the county in which the library is
situated, on or before the second Monday in August of each
year; which certificate may be substantially in the following
form:
We certify that the Board of Directors of the .... Public
Library has determined that it will require the sum of
$......, to be levied as a special tax upon the taxable
property of .... Township, for the year (insert year) of
19.., for the purpose of paying the bonds of the Township and
the interest thereon.
Dated (insert date). ........ 19..
Board of Directors of .... Public Library.
Signature of .... President.
Signature of .... Secretary.
(Source: P.A. 84-1308; revised 10-20-98.)
Section 101. The School Code is amended by changing
Sections 1B-6, 2-3.73, 2-3.106, 2-3.114, 3A-10, 5-22, 7-7.5,
7A-4, 8-2, 8-9, 9-10, 9-12, 9-12.1, 10-5, 10-18, 10-22.22b,
10-22.22c, 11A-5, 11B-5, 11D-4, 12-11.1, 14A-4, 17-2C, 17-11,
18-8.05, 21-10, 21-12, 27-8.1, 27A-4, 29-5.2, 32-1, 32-1.4,
32-5.2, 32-7, 34-21.1, and 34-84a.1 as follows:
(105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
Sec. 1B-6. General powers. The purpose of the Financial
Oversight Panel shall be to exercise financial control over
the board of education, and, when approved by the State Board
and the State Superintendent of Education, to furnish
financial assistance so that the board can provide public
education within the board's jurisdiction while permitting
the board to meet its obligations to its creditors and the
holders of its notes and bonds. Except as expressly limited
by this Article, the Panel shall have all powers necessary to
meet its responsibilities and to carry out its purposes and
the purposes of this Article, including, but not limited to,
the following powers:
(a) to sue and be sued;
(b) to provide for its organization and internal
management;
(c) to appoint a Financial Administrator to serve as the
chief executive officer of the Panel. The Financial
Administrator may be an individual, partnership, corporation,
including an accounting firm, or other entity determined by
the Panel to be qualified to serve; and to appoint other
officers, agents, and employees of the Panel, define their
duties and qualifications and fix their compensation and
employee benefits;
(d) to approve the local board of education appointments
to the positions of treasurer in a Class I county school unit
and in each school district which forms a part of a Class II
county school unit but which no longer is subject to the
jurisdiction and authority of a township treasurer or
trustees of schools of a township because the district has
withdrawn from the jurisdiction and authority of the township
treasurer and the trustees of schools of the township or
because those offices have been abolished as provided in
subsection (b) or (c) of Section 5-1, and chief school
business official, if such official is not the superintendent
of the district. Either the board or the Panel may remove
such treasurer or chief school business official;.
(e) to approve any and all bonds, notes, teachers
orders, tax anticipation warrants, and other evidences of
indebtedness prior to issuance or sale by the school
district; and notwithstanding any other provision of The
School Code, as now or hereafter amended, no bonds, notes,
teachers orders, tax anticipation warrants or other evidences
of indebtedness shall be issued or sold by the school
district or be legally binding upon or enforceable against
the local board of education unless and until the approval of
the Panel has been received;.
(f) to approve all property tax levies of the school
district and require adjustments thereto as the Panel deems
necessary or advisable;
(g) to require and approve a school district financial
plan;
(h) to approve and require revisions of the school
district budget;
(i) to approve all contracts and other obligations as
the Panel deems necessary and appropriate;
(j) to authorize emergency State financial assistance,
including requirements regarding the terms and conditions of
repayment of such assistance, and to require the board of
education to levy a separate local property tax, subject to
the limitations of Section 1B-8, sufficient to repay such
assistance consistent with the terms and conditions of
repayment and the district's approved financial plan and
budget;
(k) to request the regional superintendent to make
appointments to fill all vacancies on the local school board
as provided in Section 10-10;
(l) to recommend dissolution or reorganization of the
school district to the General Assembly if in the Panel's
judgment the circumstances so require;
(m) to direct a phased reduction in the oversight
responsibilities of the Financial Administrator and of the
Panel as the circumstances permit;
(n) to determine the amount of emergency State financial
assistance to be made available to the school district, and
to establish an operating budget for the Panel to be
supported by funds available from such assistance, with the
assistance and the budget required to be approved by the
State Superintendent;
(o) to procure insurance against any loss in such
amounts and from such insurers as it deems necessary;
(p) to engage the services of consultants for rendering
professional and technical assistance and advice on matters
within the Panel's power;
(q) to contract for and to accept any gifts, grants or
loans of funds or property or financial or other aid in any
form from the federal government, State government, unit of
local government, school district or any agency or
instrumentality thereof, or from any other private or public
source, and to comply with the terms and conditions thereof;
(r) to pay the expenses of its operations based on the
Panel's budget as approved by the State Superintendent from
emergency financial assistance funds available to the
district or from deductions from the district's general State
aid; and
(s) to do any and all things necessary or convenient to
carry out its purposes and exercise the powers given to the
Panel by this Article.
(Source: P.A. 87-473; 88-618, eff. 9-9-94; revised 10-31-98.)
(105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
Sec. 2-3.73. Missing child program. The State Board of
Education shall administer and implement a missing child
program in accordance with the provisions of this Section.
Upon receipt of each periodic information bulletin from the
Department of State Police Law Enforcement pursuant to
Section 6 of the Intergovernmental Missing Child Recovery Act
of 1984, the State Board of Education shall promptly make
copies of the same and mail one copy to the school board of
each school district in this State and to the principal or
chief administrative officer of each nonpublic elementary and
secondary school in this State. Upon receipt each school
board shall compare the names on the bulletin to the names of
all students presently enrolled in the schools of the
district. If a school board or its designee determines that
a missing child is attending one of the schools within the
school district, or if the principal or chief administrative
officer of a nonpublic school is notified by school personnel
that a missing child is attending that school, the school
board or the principal or chief administrative officer of the
nonpublic school shall immediately give notice of this fact
to the State Board of Education, the Department of State
Police Law Enforcement, and the law enforcement agency having
jurisdiction in the area where the missing child resides or
attends school.
(Source: P.A. 84-1308; revised 10-31-98.)
(105 ILCS 5/2-3.106) (from Ch. 122, par. 2-3.106)
Sec. 2-3.106. State Urban Education Partnership Grants.
From State moneys appropriated specifically for purposes of
this Section, the State Board of Education shall award State
Urban Education Partnership Grants to qualifying attendance
centers within school districts that meet the criteria
specified in subparagraph (A) or subparagraph (B) below:
(A) The number of students enrolled in the public
schools of the district is 1,500 or more, and not less
than 10% of those students are low income students as
determined with reference to the annual Public Schools
Fall Enrollment-Housing Report that the school district
is required to file with the State Board of Education; or
(B) The school district receives not less than
$100,000 in a fiscal year from funds allocated and
distributed under Chapter 1 of Title I of the federal
Elementary and Secondary Education Act of 1965, and not
less than 10% of the students enrolled in the public
schools of the school district are "minority students",
defined for purposes of this Section to mean a pupil who
is Black (having origins in any of the black racial
groups in Africa), Hispanic (of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race), Asian
American (having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands), or American Indian or Alaskan
Native (having origins in any of the original peoples of
North America).
State Urban Education Partnership Grants awarded under
this Section shall be used for the planning, development,
operation or expansion of programs, projects and activities
that are designed to carry out programs that improve student
achievement or the quality of education for students and that
are comparable or similar in nature to targeted assistance
programs for which discretionary federal grant funds are
allocated under Chapter 2 of Title I of the the federal
Elementary and Secondary Education Act of 1965; provided,
that in evaluating applications and awarding State Urban
Education Partnership Grants under this Section, priority
consideration and preference shall be given to grant
applications that propose to carry out effective school
programs that are developed and designed to increase the
academic achievement levels of students in large and small
urban communities through collaborative efforts or
partnerships between the attendance center applying for the
grant and at least one parent or community group, social
service agency, public sector business entity or institution
of higher education. Indicators of such effective school
programs shall include but not be limited to components
designed to improve student attendance at school and in
class, increase student homework output and quality, increase
student time on the task of acquiring basic and higher order
skills, improve teacher-given classroom grades, improve State
and national standardized test scores and assessment results,
improve community involvement in the development and
implementation of effective school programs, and improve
parent involvement to foster a positive home environment,
meaningful parent-child communication in matters of
educational performance and progress, and increased parent
participation in home learning activities, school volunteer
activities and school governance.
The State Board of Education shall adopt rules and
regulations governing the procedure and requirements
applicable to grant applications submitted under this
Section. The period during which grants may be awarded to an
attendance center under this Section shall not exceed 3
consecutive school years; provided that before approving
continuation of a grant for a new school year, the State
Board of Education shall review and evaluate a report which
the attendance center shall file with respect to its use of
grant funds in carrying out grant programs during the
preceding school year.
Grants shall be awarded to attendance centers under this
Section on a competitive basis, and the State Board of
Education shall establish standards, consistent with the
provisions of this Section, by which to evaluate grant
applications and programs submitted and proposed hereunder.
It is the purpose and intent of this Section to establish
a State grant program that parallels and supplements, but
that operates independently of federal grant programs that
allocate funds for targeted assistance under Chapter 2 of
Title I of the federal Elementary and Secondary Education Act
of 1965.
(Source: P.A. 87-789; 87-895; revised 10-31-98.)
(105 ILCS 5/2-3.114)
Sec. 2-3.114. Federal Goals 2000 funds. Notwithstanding
any other law to the contrary, the State Board of Education
shall not accept or expend any federal funds provided for
participation in the federal Goals 2000 or outcome-based
education programs established under the Goals 2000: Educate
America Act, except in those cases in which the State Board
of Education acts as a flow-through agency for the direct
release to school districts of grant funds and awards
provided under the federal Goals 2000 program. In those
cases in which the State Board of Education functions as a
flow-through agency for the direct release to school
districts of grants or awards under the federal Goals 2000
program, the State Board of Education is authorized to
retain, for its administrative expenses directly related to
its services as the flow through agency, up to but not more
than 1% of the aggregate Goals 2000 program funds that flow
through the State Board of Education for direct release to
school districts. No school district, attendance center,
school board, local school council, or other school
administrator may use or authorize or require the use of any
funds, grants, or awards received under this Section for
purposes of providing outcome-based outcomes-based education,
school-based health clinics, or any other health or social
service, nor may the State Board of Education or any other
local educational agency use or authorize or require any such
funds, grants, or awards to be used for any such purpose.
(Source: P.A. 89-610, eff. 8-6-96; revised 10-31-98.)
(105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10)
Sec. 3A-10. Notice of Election. A notice of the
election shall be given in accordance with the general
election law. In addition to the requirements of the general
election law the notice shall be in substantially the
following form:
NOTICE OF EDUCATIONAL SERVICE REGION ELECTION
Notice is hereby given that on (insert date) .........,
19.., an election will be held in ............... County,
Illinois, for the purpose of voting upon this question:
Shall ............. County be disconnected from the
Educational Service Region for the Counties of
................ and ............. and shall the regional
board of school trustees for ............. County be
requested to approve the consolidation of the counties into a
single educational service region?
(Source: P.A. 81-1489; revised 10-19-98.)
(105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
Sec. 5-22. Sales of school sites, buildings or other real
estate. When in the opinion of the school board, a school
site, or portion thereof, building, or site with building
thereon, or any other real estate of the district, has become
unnecessary or unsuitable or inconvenient for a school, or
unnecessary for the uses of the district, the school board,
by a resolution adopted by at least two-thirds of the board
members, may sell or direct that the property be sold in the
manner provided in the Local Government Property Transfer
Act, or in the manner herein provided. Unless legal title to
the land is held by the school board, the school board shall
forthwith notify the trustees of schools or other school
officials having legal title to such land of the terms upon
which they desire the property to be sold. If the property is
to be sold to another unit of local government or school
district, the school board, trustees of schools, or other
school officials having legal title to the land shall proceed
in the manner provided in the Local Government Property
Transfer Act. In all other cases the school board, trustees
of schools, or other school officials having legal title to
the land shall, within 60 days after adoption of the
resolution (if the school board holds legal title to the
land), or within 60 days after the trustees of school or
other school officials having legal title receive the notice
(if the school board does not hold legal title to the land),
sell the property at public sale, by auction or sealed bids,
after first giving notice of the time, place, and terms
thereof by notice published once each week for 3 successive
weeks prior to the date of the sale if sale is by auction, or
prior to the final date of acceptance of bids if sale is by
sealed bids, in a newspaper published in the district or, if
no such newspaper is published in the district, then in a
newspaper published in the county and having a general
circulation in the district; however, if territory containing
a school site, building, or site with building thereon, is
detached from the school district of which it is a part after
proceedings have been commenced under this Section for the
sale of that school site, building, or site with building
thereon, but before the sale is held, then the school board,
trustees of schools, or other school officials having legal
title shall not advertise or sell that school site, building,
or site with building thereon, pursuant to those proceedings.
The notices may be in the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the ....
day of ...., 19.., the (here insert title of the school
board, trustees of school, or other school officials holding
legal title) of (county) (Township No. ...., Range No. ....
P.M. ....) will sell at public sale (use applicable
alternative) (at ......... (state location of sale which
shall be within the district), at .... ..M.,) (by taking
sealed bids which shall be accepted until .... ..M., on
(insert date), the ..... day of ......, 19..., at (here
insert location where bids will be accepted which shall be
within the district) which bids will be opened at .... ..M.
on (insert date) the .... day of ......, 19.... at (here
insert location where bids will be opened which shall be
within the district)) the following described property: (here
describe the property), which sale will be made on the
following terms to-wit: (here insert terms of sale)
....
....
....
(Here insert title of school
officials holding legal title)
For purposes of determining "terms of sale" under this
Section, the General Assembly declares by this clarifying and
amendatory Act of 1983 that "terms of sale" are not limited
to sales for cash only but include contracts for deed,
mortgages, and such other seller financed terms as may be
specified by the school board.
If a school board specifies a reasonable minimum selling
price and that price is not met or if no bids are received,
the school board may adopt a resolution determining or
directing that the services of a licensed real estate broker
be engaged to sell the property for a commission not to
exceed 7%, contingent on the sale of the property within 120
days. If legal title to the property is not held by the
school board, the trustees of schools or other school
officials having legal title shall, upon receipt of the
resolution, engage the services of a licensed real estate
broker as directed in the resolution. The board may accept a
written offer equal to or greater than the established
minimum selling price for the described property. The
services of a licensed real estate broker may be utilized to
seek a buyer. If the board lowers the minimum selling price
on the described property, the public sale procedures set
forth in this Section must be followed. The board may raise
the minimum selling price without repeating the public sale
procedures.
The deed of conveyance shall be executed by the president
and clerk or secretary of the school board, trustees of
schools, or other school officials having legal title to the
land, and the proceeds paid to the school treasurer for the
benefit of the district; provided, that the proceeds of any
such sale on the island of Kaskaskia shall be paid to the
State Treasurer for the use of the district and shall be
disbursed by him in the same manner as income from the
Kaskaskia Commons permanent school fund. The school board
shall use the proceeds from the sale first to pay the
principal and interest on any outstanding bonds on the
property being sold, and after all such bonds have been
retired, the remaining proceeds from the sale next shall be
used by the school board to meet any urgent district needs as
determined under Sections 2-3.12 and 17-2.11 and then for any
other authorized purpose and for deposit into any district
fund. But whenever the school board of any school district
determines that any schoolhouse site with or without a
building thereon is of no further use to the district, and
agrees with the school board of any other school district
within the boundaries of which the site is situated, upon the
sale thereof to that district, and agrees upon the price to
be paid therefor, and the site is selected by the purchasing
district in the manner required by law, then after the
payment of the compensation the school board, township
trustees, or other school officials having legal title to the
land of the schools shall, by proper instrument in writing,
convey the legal title of the site to the school board of the
purchasing district, or to the trustees of schools for the
use of the purchasing district, in accordance with law. The
provisions of this Section shall not apply to any sale made
pursuant to Section 5-23 or Section 5-24 or Section 32-4.
(Source: P.A. 87-984; 88-155; revised 10-20-98.)
(105 ILCS 5/7-7.5)
Sec. 7-7.5. Holding of elections.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice shall be in substantially the following
form:
NOTICE OF REFERENDUM FOR ANNEXATION
BY ..... (Name of Annexing District)
OF ALL TERRITORY OF ..... (Name Of
District Or Districts All Of
Whose Territory Is To Be Annexed)
NOTICE is hereby given that on (insert date), the
.... day of ...., 19 ..., a referendum will be held in
part(s) of ...... County (Counties) for the purpose of
voting for or against the proposition to annex all of the
territory comprising ..... (name of each such school
district) of ....... County, Illinois to ..... (name of
annexing school district) of ...... County, Illinois.
The territory which now comprises all of the
territory of ..... (name of the school district or
districts) of ...... County, Illinois, which territory is
the same as the territory which is proposed to be annexed
to ..... (name of annexing school district) of .......
County, Illinois, is described as follows: (Here describe
such territory.)
The territory which now comprises ..... (name of
annexing school district) of ....... County, Illinois,
which district it is proposed shall annex the territory
above described in this Notice, is described as follows:
(Here describe such territory.)
The election is called and will be held pursuant to
an order of the regional board of school trustees (or,
State Superintendent of Education) dated on (insert
date), the .... day of ...., 19 ...., which order states
that the change of boundaries pursuant to the annexation
granted or approved by the order shall be made if a
majority of those voters in each of the affected school
districts who vote on the proposition at the election
vote in favor thereof.
Dated (insert date). this ..... day of ...., 19.....
Regional Board of School Trustees (or State
Superintendent of Education)
By....................................
(Source: P.A. 90-459, eff. 8-17-97; revised 10-20-98.)
(105 ILCS 5/7A-4) (from Ch. 122, par. 7A-4)
Sec. 7A-4. Holding of elections.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice for voters residing in the unit school
district proposed to be dissolved shall be in substantially
the following form:
NOTICE OF REFERENDUM TO DISSOLVE
A UNIT SCHOOL DISTRICT, TO CREATE
AN ELEMENTARY SCHOOL DISTRICT THEREFROM,
AND TO ANNEX THE TERRITORY THEREIN TO
A CONTIGUOUS HIGH SCHOOL DISTRICT
NOTICE is hereby given that on (insert date), the
.... day of ...., 19 ..., a referendum will be held in
part(s) of ...... county (counties) for the purpose of
voting for or against the proposition to dissolve Unit
School District No. ..... of ....... County, Illinois, to
create an elementary school district to be comprised of
the same territory which now comprises the unit school
district proposed to be so dissolved, and to annex that
same territory to High School District No. ..... of
...... County, Illinois.
The territory which now comprises Unit School
District No. ..... of ....... County, Illinois, which
territory is the same as the territory which is to
comprise the elementary school district proposed to be
created and which also is the same as the territory which
is proposed to be annexed to High School District No.
..... of ....... County, Illinois, is described as
follows: (Here describe such territory.)
The territory which now comprises High School
District No. ..... of ....... County, Illinois, which
high school district it is proposed shall annex the
territory above described in this Notice, is described as
follows: (Here describe such territory.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert
date), the .... day of ...., 19 ...., which order states
that if a majority of the voters residing in Unit School
District No. ..... of ....... County, Illinois and voting
at the referendum on the proposition vote in favor of
such proposition, and if by separate ballot a majority of
the voters residing in High School District No. ..... of
....... County, Illinois and voting at the referendum on
the proposition to annex the territory first above
described in this Notice vote in favor thereof, that then
the tax rates for educational and operations, building
and maintenance purposes and the purchase of school
grounds, pupil transportation, and fire prevention and
safety purposes which shall constitute the tax rates for
the elementary school district so created and for High
School District No. ..... of ....... County, Illinois
upon annexation of the territory first above described
shall be: (i) with respect to such elementary school
district, ....... for educational purposes, ....... for
operations, building and maintenance purposes and the
purchase of school grounds, ...... for pupil
transportation purposes, and ...... for fire prevention
and safety purposes, and (ii) with respect to High School
District No. ..... of ....... County, Illinois upon such
annexation, ....... for educational purposes, ....... for
operations, building and maintenance purposes and the
purchase of school grounds, ...... for pupil
transportation purposes, and ...... for fire prevention
and safety purposes.
Dated (insert date). this ..... day of ...., 19.....
Regional Superintendent of Schools
....................................
Whenever the members of the board of education of the
elementary school district proposed to be established are to
be elected at the same election at which the proposition to
establish that district is to be submitted to the voters,
that fact shall be included in the notice.
(c) The notice for voters residing in the contiguous
high school district proposing to annex all of the territory
within the unit school district proposed to be dissolved
shall be in substantially the following form:
NOTICE OF REFERENDUM
FOR ANNEXATION BY A HIGH
SCHOOL DISTRICT OF CONTIGUOUS
TERRITORY TO BE DISSOLVED
AS A UNIT SCHOOL DISTRICT
NOTICE is hereby given that on (insert date), the
..... day of ....., 19 ...., a referendum will be held in
part(s) of ........ county (counties) for the purpose of
voting for or against a proposition that High School
District No. ..... of ....... County, Illinois annex
certain contiguous territory hereinafter described upon
the dissolution of such contiguous territory as a unit
school district.
The territory which now comprises High School
District No. ..... of ....... County, Illinois is
described as follows: (Here describe such territory.)
The contiguous territory which it is proposed shall
be annexed by High School District No. ..... of .......
County, Illinois upon the dissolution of such contiguous
territory as a unit school district is described as
follows: (Here describe such territory.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert
date), the ..... day of ....., 19 ...., which order
states that if a majority of the voters residing in High
School District No. ..... of ....... County, Illinois and
voting at the referendum on the proposition to annex the
territory last described above vote in favor of such
proposition, and if by separate ballot a majority of the
voters residing in the territory last described above and
voting at the referendum on the proposition to dissolve
such territory as a unit school district, to create an
elementary school district therefrom and to annex such
territory to High School District No. ..... of .......
County, Illinois vote in favor of such proposition, that
then the tax rates for educational and operations,
building and maintenance purposes and the purchase of
school grounds, pupil transportation, and fire prevention
and safety purposes which shall constitute the tax rates
for High School District No. ..... of ....... County,
Illinois upon and after annexation of the territory last
described above shall be ....... for educational
purposes, ....... for operations, building and
maintenance purposes and the purchase of school grounds,
...... for pupil transportation purposes, and ...... for
fire prevention and safety purposes.
Dated (insert date). this ..... day of ...., 19.....
Regional Superintendent of Schools
....................................
(Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
Sec. 8-2. Bond of treasurer. Before entering upon his
duties, each school treasurer shall execute a bond with 2 or
more persons having an interest in real estate who are not
trustees, or a surety company authorized to do business in
this State, as sureties, payable to the township trustees of
schools in Class II county school units and to the school
board of each district for which he or she is treasurer or
its successors in office in Class I county school units and
conditioned upon the faithful discharge of his or her duties,
except that the bond required of the school treasurer of a
school district which is located in a Class II county school
unit but which no longer is subject to the jurisdiction and
authority of a township treasurer or trustees of schools of a
township because the district has withdrawn from the
jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of
Section 5-1 shall be payable to the school board of each
district for which he or she is treasurer or its successor in
office and conditioned upon the faithful discharge of his or
her duties. The penalty of the bond shall be 25% of the
amount of all bonds, notes, mortgages, moneys and effects of
which he is to have the custody, whether individuals act as
sureties or whether the surety given is by a surety company
authorized to do business in this State, and shall be
increased or decreased from time to time, as the increase or
decrease of the amount of notes, bonds, mortgages, moneys and
effects may require, and whenever in the judgment of the
regional superintendent of schools, or whenever in the
judgment of the township trustees or the school board of the
district by which the school treasurer was appointed or
elected, the penalty of the bond should be increased or
decreased; provided that the penalty of the bond shall not be
increased to more than 25% of the amount of all bonds, notes,
mortgages, moneys and effects of which the treasurer has
custody at any time. The bond of the township treasurer shall
be approved by at least a majority of the township trustees
in Class II county school units; provided that in those
school districts that are located in a Class II county school
unit but are no longer subject to the jurisdiction and
authority of a township treasurer and trustees of schools of
a township (because the districts have withdrawn from the
jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of
Section 5-1) and in Class I county school units, the bond
shall be approved by at least a majority of the members of
the school board; and in all cases the bond shall be filed
with the regional superintendent of schools who shall file
with the State Board of Education before September 1 in each
year an affidavit showing which treasurers of school
districts under his supervision and control are properly
bonded. The bond shall be in the following form:
STATE OF ILLINOIS
.......... COUNTY
We, AB, CD and EF, are obligated, jointly and severally,
to the (School Board of District No. ...., or trustees of
township .... range ....) in the above mentioned county or
successors in office, in the penal sum of $...., for the
payment of which we bind ourselves, our heirs, executors and
administrators.
Dated (insert date). ....... 19...
The condition of this obligation is such that if AB,
school treasurer in the above stated county, faithfully
discharges the duties of his or her office, according to law,
and delivers to his or her successor in office, after such
successor has qualified by giving bond as provided by law,
all moneys, books, papers, securities and control, which have
come into his or her possession or control, as such school
treasurer, from the date of his or her bond to the time that
his or her successor has qualified as school treasurer, by
giving such bond as required by law, then this obligation to
be void; otherwise to remain in full force and effect.
Approved and accepted by:
A.... B.... (Signature)
C.... D.... (Signature)
E.... F.... (Signature)
G.... H.... (Signature)
I.... J.... (Signature)
K.... L.... (Signature)
(Board of Education or Board of
Directors of District No. .....
By ....
President Secretary or Clerk
or ....
.... Township Trustees)
No part of the State or other school fund shall be paid
to any school treasurer or other persons authorized to
receive it unless such treasurer has filed his or her bond,
or if reelected, has renewed his or her bond and filed it as
required by law.
(Source: P.A. 89-212, eff. 8-4-95; revised 10-20-98.)
(105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
Sec. 8-9. Mortgages - Form. Mortgages to secure the
payment of money loaned under the provisions of this Act may
be in the following form:
I, A B, of the county of ...., State of ...., do hereby
grant, convey and transfer to the trustees of schools of
township No. ...., Range No. ...., in the County of ...., and
State of Illinois, for the use of the inhabitants of the
township, the following described real estate: (here insert
premises), which real estate I declare to be in mortgage for
the payment of $...., loaned to me and for the payment of all
interest that may accrue thereon, to be computed at the rate
of .... per cent per year until paid. I agree to pay the
above sum of money in .... years from the date hereof, and to
pay the interest on the same annually, at the rate above
stated. I further covenant that I have a good and valid
title to the estate, and that the same is free from all
incumbrance, and that I will pay all taxes and assessments
which may be levied on the real estate, and that I will give
any additional security that may at any time be required in
writing by the board of trustees; and if the real estate is
sold to pay the debt or any part thereof, or for any failure
or refusal to comply with or perform the conditions or
covenants herein contained, I will deliver immediate
possession of the premises. It is further agreed by and
between the parties that in the event a complaint is filed in
any court to foreclose this mortgage for non-payment of
either principal or interest, that the mortgagor will pay a
reasonable attorney's fee, and the same shall be included in
the judgment and be taxed as costs; and we, A B, and C,
spouse of A B, hereby release all rights to the premises
which we may have by virtue of any homestead laws of this
State.
Dated (insert date). 19
A .... B ....................
C .... D ....................
The mortgage shall be acknowledged and recorded as is
required by law for other conveyances of real estate, the
mortgagor paying the expenses of acknowledgment and
recording.
(Source: P.A. 84-550; revised 10-20-98.)
(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
Sec. 9-10. Candidates for office - Nominating petitions.
Candidates for the office of school director shall be
nominated by petition signed by at least 25 voters or 5% of
the voters, whichever is less, residing within the district
and filed with the secretary of the board of school directors
or with a person designated by the board to receive
nominating petitions.
Nominations for members of boards of education, including
non-high school boards of education shall be made by a
petition signed by at least 50 voters or 10% of the voters,
whichever is less, residing within the district and shall be
filed with the secretary of the board of education or with a
person designated by the board to receive nominating
petitions. In addition to the requirements of the general
election law, the form of such petitions shall be
substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the secretary of the board of education (or board of
directors) of district number .... in .... County:
We the undersigned, being (.... or more) (or 10% or more)
(or 5% or more) of the voters residing within said district,
hereby petition that .... who resides at .... in the (city or
village) of .... in Township .... (or who resides outside any
city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of
the board of education (or board of directors) (full term)
(vacancy) to be voted for at the election to be held on
(insert date). the .... day of ...., 19...
Name: .................. Address: ...................
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary
of the board of education or a person designated by the board
to receive nominating petitions a receipt from the county
clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental
Ethics Act. Such receipt shall be so filed either previously
during the calendar year in which his nomination papers were
filed or within the period for the filing of nomination
papers in accordance with the general election law.
All petitions for the nomination of members of a board of
education shall be filed with the secretary of the board or a
person designated by the board to receive nominating
petitions within the time provided for by the general
election law. The secretary shall receive and file only
those petitions which include a statement of candidacy, the
required number of voter signatures, the notarized signature
of the petition circulator and a receipt from the County
Clerk showing that the candidate has filed a statement of
economic interest on or before the last day to file as
required by the Illinois Governmental Ethics Act. The
secretary may have petition forms available for issuance to
potential candidates, and may give notice of the petition
filing period by publication in a newspaper of general
circulation within the school district not less than 10 days
prior to the first day of filing. Said secretary shall make
certification to the proper election authorities in
accordance with the general election law. If the secretary
is an incumbent school board member seeking re-election, a
disinterested person must be a witness to the filing of his
petition.
The secretary of the board of education shall notify the
candidates for whom a petition for nomination is filed or the
appropriate committee of the obligations under the Campaign
Financing Act as provided in the general election law. Such
notice shall be given on a form prescribed by the State Board
of Elections and in accordance with the requirements of the
general election law. The secretary shall within 7 days of
filing or on the last day for filing, whichever is earlier,
acknowledge to the petitioner in writing his acceptance of
the petition.
A candidate for membership on the board of education or
for office as a school director, who has petitioned for
nomination to fill a full term and to fill a vacant term to
be voted upon at the same election, must withdraw his or her
petition for nomination from either the full term or the
vacant term by written declaration.
In all newly organized districts the petition for the
nomination of candidates for members of the board of
education at the first election shall be addressed to and
filed with the regional superintendent of schools in the
manner herein specified for the petitions for members of a
board of education. For such election the regional
superintendent shall fulfill all duties otherwise assigned to
the secretary of the board of education.
(Source: P.A. 82-1014; revised 10-20-98.)
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers
shall be in one of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by Boards of School Directors.
School Directors are elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 2
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used when school board members are elected
at large. Membership on the school board is not restricted
by area of residence.
Types of school districts generally using this format
are:
Common school districts;
Community unit and community consolidated school
districts formed on or after January 1, 1975;
Community unit school districts formed prior to January
1, 1975 that elect board members at large and without
restriction by area of residence within the district under
subsection (c) of Section 11A-8;
Community unit, community consolidated and combined
school districts in which more than 90% of the population is
in one congressional township;
High school districts in which less than 15% of the
taxable property is located in unincorporated territory; and
unit districts (OLD TYPE);
Combined school districts formed on or after July 1,
1983;
Combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMATS 2a and 2b
Ballot position for at large candidates shall be
determined by the order of petition filing or lottery held
pursuant to Section 9-11.1 and ballot position for candidates
grouped by "affected school district", as that term is
defined in Section 9-11.2, shall be determined by order of
petition filing or lottery held pursuant to Sections 9-11.1
and 9-11.2.
Format 2a is used only in electing, to unstaggered terms
expiring on the date of the regular school election held in
calendar year 2001, the initial 7 members of the board of
education of a combined school district that is established
as provided in subsection (a-5) of Section 11B-7, and Format
2b is used only in electing, when required under Section
10-10, a successor to serve the remainder of the unstaggered,
unexpired term of any such initial board member in whose
office a vacancy has occurred.)
Format 2a:
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL TERM EXPIRING ON
(Insert date of regular school election in 2001)
Instructions to voter: One member of the board of
education is to be elected at large from within the territory
included within the boundaries of (insert name of the
combined school district as proposed or formed), 3 members
are to be elected from the territory included within the
boundaries of (former) Elementary School District No. .....,
and 3 members are to be elected from the territory included
within the boundaries of (former) Elementary School District
No. ......
FOR THE MEMBER
OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
VOTE FOR ONE
( ) .......................................
( ) .......................................
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................
Format 2b:
OFFICIAL BALLOT
FOR A MEMBER OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ONE
( ) .......................................
( ) .......................................
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by community unit, community
consolidated and combined school districts when the territory
is less than 2 congressional townships, or 72 square miles,
but consists of more than one congressional township, or 36
square miles, outside of the corporate limits of any city,
( ) ............................ village or incorporated
town within the school district. The School Code requires
that not more than 5 board members shall be selected from any
city, village or incorporated town in the school district.
At least two board members must reside in the unincorporated
area of the school district.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for combined
school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at
large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7, this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school
districts formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be
composed of members from both the incorporated and the
unincorporated area; not more than 5 board members shall be
selected from any city, village or incorporated town.
On the basis of existing board membership, not more than
.... may be elected from the incorporated areas.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
prior to January 1, 1975 that elect board members at large
and without restriction by area of residence within the
district under subsection (c) of Section 11A-8 and except for
those combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format applies to community unit and community
consolidated school districts formed prior to January 1, 1975
and combined school districts formed prior to July 1, 1983
when the territory of the school district is greater than 2
congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one
congressional township. Congressional townships of less than
100 inhabitants shall not be considered for the purpose of
such mandatory board representation. In this case, not more
than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is restricted to a maximum of 3 members from any
congressional township. On the basis of existing board
membership, members may be elected in the following numbers
from each congressional township.
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
(Include each remaining congressional township in
district as needed)
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for those
combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format is used by community unit and community
consolidated school districts formed prior to January 1,
1975, and combined school districts formed prior to July 1,
1983, when the territory of the school district is greater
than 2 congressional townships, or 72 square miles and when
at least 75%, but not more than 90%, of the population
resides in one congressional township. In this case, 4
school board members shall be selected from that one
congressional township and the 3 remaining board members
shall be selected from the rest of the district. If a school
district from which school board members are to be selected
is located in a county under township organization and if the
surveyed boundaries of a congressional township from which
one or more of those school board members is to be selected,
as described by township number and range, are coterminous
with the boundaries of the township as identified by the
township name assigned to it as a political subdivision of
the State, then that township may be referred to on the
ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is to consist of 4 members from the congressional
township that has at least 75% but not more than 90% of the
population, and 3 board members from the remaining
congressional townships in the school district. On the basis
of existing board membership, members may be elected in the
following numbers from each congressional township.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
..... shall be elected from (name)...... Township .....
Range .....; ...... board members shall be elected from the
remaining congressional townships.
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by school districts in which voters
have approved a referendum to elect school board members by
school board district. The school district is then divided
into 7 school board districts, each of which elects one
member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday (insert date) ..........., 19......
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district. In this
case, at least one board member shall be a resident of the
unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Sections
9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district and on
the basis of existing board membership no board member is
required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least 2
members shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
(Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
89-579, eff. 7-30-96; 90-14, eff. 7-1-97; 90-459, eff.
8-17-97; revised 10-19-98.)
(105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
Sec. 9-12.1. (a) On the reverse side of each ballot
contained in Section 9-12, except the ballot under Format 6,
shall be printed the following:
OFFICIAL BALLOT
..... County, Illinois
School District No. ...., ...... County, Illinois
Election Tuesday, (insert date) ...., 19...
(facsimile signature of the election authority)
(b) If 6-year terms have been adopted under Section 9-5,
or if a ballot is to be used to elect a member or members of
a board of school directors or board of education at the
consolidated election held in April of 1999 or April of 2001
to a full term that is less than a 4-year term, appropriate
adjustments should be made to each ballot in Section 9-12.
In the case of any unexpired term each ballot format must
indicate whether it is a 4-year or a 2-year unexpired term.
(Source: P.A. 90-637, eff. 7-24-98; revised 10-19-98.)
(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
Sec. 10-5. Organization of board - Report to treasurer
and regional superintendent of schools. Within 7 days after
the regular election of directors, the directors shall meet
and organize by appointing one of their number president and
another as clerk, except that when directors are elected at
the consolidated elections in April of 1999 and April of
2001, the directors shall meet and organize, in the manner
provided by this Section, within 7 days after the first
Tuesday after the first Monday of November in each of those 2
years. The clerk shall at once report to the treasurer and
regional superintendent of schools the names of the president
and clerk so appointed. Upon organizing itself as provided
in this Section, the board of school directors shall enter
upon the discharge of its duties. Terms of members are
subject to Section 2A-54 of the Election Code, except as
otherwise limited by subsection (c) of Section 10-4.
(Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98;
90-757, eff. 8-14-98; revised 9-16-98.)
(105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
Sec. 10-18. Orders.
Every order issued by the school board shall state for
what purposes or on what account it is issued, and shall be
in the following form:
$.... State of Illinois, (insert date) ...., 19..
THE TREASURER
(Insert name)
Of School District No. .... in .... County,
Pay to the order of .... the sum of .... Dollars, for........
.............................................................
.............................................................
By order of the School Board of
District No. ...., in said County.
Order No. ....
...................President
........Clerk (or Secretary)
An order paid in full and properly endorsed shall be a
sufficient receipt for the purposes of this Act. The school
board shall issue no order, except for teachers' wages,
unless at the time there are sufficient funds in the hands of
the treasurer to pay it.
(Source: Laws 1961, p. 31; revised 10-19-98.)
(105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
Sec. 10-22.22b. (a) The provisions of this subsection
shall not apply to the deactivation of a high school facility
under subsection (c). Where in its judgment the interests of
the district and of the students therein will be best served,
to deactivate any high school facility in the district and
send the students of such high school in grades 9 through 12
to schools in other districts. Such action may be taken only
with the approval of the voters in the district and the
approval, by proper resolution, of the school board of the
receiving district. The board of the district contemplating
deactivation shall, by proper resolution, cause the
proposition to deactivate the high school facility to be
submitted to the voters of the district at a regularly
scheduled election. Notice shall be published at least 10
days prior to the date of the election at least once in one
or more newspapers published in the district or, if no
newspaper is published in the district, in one or more
newspapers with a general circulation within the district .
The notice shall be substantially in the following form:
NOTICE OF REFERENDUM TO
DEACTIVATE THE ... HIGH SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ........
Notice is hereby given that on (insert date), the ....
day of ...., 19.., a referendum will be held in ........
County (Counties) for the purpose of voting for or against
the proposition to deactivate the ...... High School facility
in School District No. ...... and to send pupils in ......
High School to School District(s) No. .......
The polls will be open at .... o'clock ... m., and close
at .... o'clock ... m. of the same day.
A............ B...............
Dated (insert date). this .... day of ....., 19...
Regional Superintendent of Schools
The proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall the Board
of Education of School
District No. ...., YES
..... County, Illinois, be
authorized to deactivate -----------------------------
the .... High School facility
and to send pupils in ....... NO
High School to School
District(s) No. .....?
-------------------------------------------------------------
If the majority of those voting upon the proposition in the
district contemplating deactivation vote in favor of the
proposition, the board of that district, upon approval of the
board of the receiving district, shall execute a contract
with the receiving district providing for the reassignment of
students to the receiving district. If the deactivating
district seeks to send its students to more than one
district, it shall execute a contract with each receiving
district. The length of the contract shall be for 2 school
years, but the districts may renew the contract for
additional one year or 2 year periods. Contract renewals
shall be executed by January 1 of the year in which the
existing contract expires. If the majority of those voting
upon the proposition do not vote in favor of the proposition,
the school facility may not be deactivated.
The sending district shall pay to the receiving district
an amount agreed upon by the 2 districts.
When the deactivation of high school facilities becomes
effective pursuant to this Section, the provisions of Section
24-12 relative to the contractual continued service status of
teachers having contractual continued service whose positions
are transferred from one board to the control of a different
board shall apply, and the positions at the high school
facilities being deactivated held by teachers, as that term
is defined in Section 24-11, having contractual continued
service with the school district at the time of the
deactivation shall be transferred to the control of the board
or boards who shall be receiving the district's high school
students on the following basis:
(1) positions of such teachers in contractual
continued service that were full time positions shall be
transferred to the control of whichever of such boards
such teachers shall request with the teachers making such
requests proceeding in the order of those with the
greatest length of continuing service with the board to
those with the shortest length of continuing service with
the board, provided that the number selecting one board
over another board or other boards shall not exceed that
proportion of the high school students going to such
board or boards; and
(2) positions of such teachers in contractual
continued service that were full time positions and as to
which there is no selection left under subparagraph 1
hereof shall be transferred to the appropriate board.
The contractual continued service status of any teacher
thereby transferred to another district is not lost and the
receiving board is subject to the School Code with respect to
such transferred teacher in the same manner as if such
teacher was the district's employee during the time such
teacher was actually employed by the board of the
deactivating district from which the position was
transferred.
(b) The provisions of this subsection shall not apply
to the reactivation of a high school facility which is
deactivated under subsection (c). The sending district may,
with the approval of the voters in the district, reactivate
the high school facility which was deactivated. The board of
the district seeking to reactivate the school facility shall,
by proper resolution, cause the proposition to reactivate to
be submitted to the voters of the district at a regularly
scheduled election. Notice shall be published at least 10
days prior to the date of the election at least once in one
or more newspapers published in the district or, if no
newspaper is published in the district, in one or more
newspapers with a general circulation within the district.
The notice shall be substantially in the following form:
NOTICE OF REFERENDUM TO
REACTIVATE THE ...... HIGH SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ......
Notice is hereby given that on (insert date), the ....
day of ...., 19.., a referendum will be held in ...... County
(Counties) for the purpose of voting for or against the
proposition to reactivate the ..... High School facility in
School District No. ..... and to discontinue sending pupils
of School District No. ...... to School District(s) No. .....
The polls will be opened at ... o'clock .. m., and closed
at ... o'clock .. m. of the same day.
A............. B............
Dated (insert date). this .... day of ...., 19...
Regional Superintendent of Schools
The proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall the Board
of Education of School YES
District No. ......,
...... County, Illinois,
be authorized to ------------------------
reactivate the .... High School
facility and to discontinue sending
pupils of School District No. .... NO
to School District(s) No. ......?
-------------------------------------------------------------
(c) The school board of any unit school district which
experienced a strike by a majority of its certified employees
that endured for over 6 months during the regular school term
of the 1986-1987 school year, and which during the ensuing
1987-1988 school year had an enrollment in grades 9 through
12 of less than 125 students may, when in its judgment the
interests of the district and of the students therein will be
best served thereby, deactivate the high school facilities
within the district for the regular term of the 1988-1989
school year and, for that school year only, send the students
of such high school in grades 9 through 12 to schools in
adjoining or adjacent districts. Such action may only be
taken: (a) by proper resolution of the school board
deactivating its high school facilities and the approval, by
proper resolution, of the school board of the receiving
district or districts, and (b) pursuant to a contract between
the sending and each receiving district, which contract or
contracts: (i) shall provide for the reassignment of all
students of the deactivated high school in grades 9 through
12 to the receiving district or districts; (ii) shall apply
only to the regular school term of the 1988-1989 school year;
(iii) shall not be subject to renewal or extension; and (iv)
shall require the sending district to pay to the receiving
district the cost of educating each student who is reassigned
to the receiving district, such costs to be an amount agreed
upon by the sending and receiving district but not less than
the per capita cost of maintaining the high school in the
receiving district during the 1987-1988 school year. Any
high school facility deactivated pursuant to this subsection
for the regular school term of the 1988-1989 school year
shall be reactivated by operation of law as of the end of the
regular term of the 1988-1989 school year. The status as a
unit school district of a district which deactivates its high
school facilities pursuant to this subsection shall not be
affected by reason of such deactivation of its high school
facilities and such district shall continue to be deemed in
law a school district maintaining grades kindergarten through
12 for all purposes relating to the levy, extension,
collection and payment of the taxes of the district under
Article 17 for the 1988-1989 school year.
(d) Whenever a high school facility is reactivated
pursuant to the provisions of this Section, then all teachers
in contractual continued service who were honorably dismissed
or transferred as part of the deactivation process, in
addition to other rights they may have under The School Code,
shall be recalled or transferred back to the original
district.
(Source: P.A. 88-6; revised 10-20-98.)
(105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
Sec. 10-22.22c. (a) Subject to the following provisions
of this Section two or more contiguous school districts each
of which has an enrollment in grades 9 through 12 of less
than 600 students may, when in their judgment the interest of
the districts and of the students therein will be best
served, jointly operate one or more cooperative high school
attendance centers. Such action shall be taken for a minimum
period of 5 school years, and may be taken only with the
approval of the voters of each district. A district with 600
or more students enrolled in grades 9 through 12 may qualify
for inclusion with one or more districts having less than
600 such students by receiving a size waiver from the State
Board of Education based on a finding that such inclusion
would significantly increase the educational opportunities of
the district's students, and by meeting the other
prerequisites of this Section. The board of each district
contemplating such joint operation shall, by proper
resolution, cause the proposition to enter into such joint
operation to be submitted to the voters of the district at a
regularly scheduled election. Notice shall be published at
least 10 days prior to the date of the election at least once
in one or more newspapers published in the district or, if no
newspaper is published in the district, in one or more
newspapers with a general circulation within the district.
The notice shall be substantially in the following form:
NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
NO. ....... AND SCHOOL DISTRICT NO. .......
TO JOINTLY OPERATE (A) COOPERATIVE HIGH
SCHOOL ATTENDANCE CENTER (CENTERS)
Notice is hereby given that on (insert date), the .......
day of ......., 19...., a referendum will be held in .......
County (Counties) for the purpose of voting for or against
the proposition for School District No. ....... and School
District No. ....... to jointly operate (a) cooperative high
school attendance center (centers).
The polls will be open at ....... o'clock ....... m., and
close at ....... o'clock ....... m., of the same day.
A ........ B ........
Dated (insert date).
this ....... day of ......., 19......
Regional Superintendent of Schools
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the Board of Education of
School District No. ...., ..... YES
County (Counties), Illinois be
authorized to enter with
into an agreement with School ----------------------
District No. ...., .... County
(Counties), Illinois to jointly
operate (a) cooperative high NO
school attendance center (centers)?
-------------------------------------------------------------
If the majority of those voting on the proposition in each
district vote in favor of the proposition, the school boards
of the participating districts may, if they agree on terms,
execute a contract for such joint operation subject to the
following provisions of this Section.
(b) The agreement for joint operation of any such
cooperative high school attendance center shall be executed
on forms provided by the State Board of Education and shall
include, but not be limited to, a process to resolve disputes
on matter which each participating district cannot agree,
provisions for administration, staff, programs, financing and
transportation subject to the provisions of this Section.
Such agreements may be modified, extended, or terminated by
approval of each of the participating districts. Even if 2
or more of the participating district boards approve an
extension of the agreement, any other participating district
shall, upon failure of its board to approve such extension,
disengage from such participation at the end of the then
current agreement term.
(c) An advisory board, which shall govern the operation
of any such cooperative high school attendance center, shall
be composed of an equal number of board members from each of
the participating districts, except that where all
participating district boards concur, membership on the
advisory board may be apportioned to reflect the number of
students in each respective district. The membership of the
advisory board shall be not less than 6 nor more than 10.
The school board of each participating district shall select,
from its membership, its representatives on the advisory
board. The advisory board shall prepare and recommend a
budget for the cooperative high school attendance center
which must be approved by each of the participating
districts.
(d) Each participating school district shall provide any
necessary transportation for students residing in the
district, or enter into an agreement with the other
participating districts for transportation of its students.
(e) Each participating district shall pay its per capita
cost of educating the students residing in its district and
attending any such cooperative high school attendance center
into the budget for the maintenance and operation of the
cooperative high school attendance center or centers.
Such per capita cost shall be computed in the following
manner. The cost of operating and maintaining each such
cooperative high school attendance center shall be first
determined by the advisory board and shall include the
following expenses applicable only to each such attendance
center under rules and regulations established by the State
Board of Education as follows:
(1) Salaries of principals, teachers, professional
workers, necessary noncertified workers, clerks, librarians,
custodial employees, and any district taxes levied
specifically for their pension and retirement benefits.
(2) Educational supplies and equipment, including
textbooks.
(3) Administrative costs and communication.
(4) Operation of physical plant, including heat, light,
water, repairs, and maintenance.
(5) Auxiliary service, including up to 20% of
unreimbursed transportation costs.
(6) Depreciation of physical facilities at a rate not to
exceed $200 per pupil.
(f) Additional school districts having an enrollment in
grades 9 through 12 of less than 600 students may be added to
the agreement in accordance with the process described in
subsection (a) of this Section. In the event additional
districts are added, a new contract shall be executed in
accordance with the provisions of this Section.
(g) Administrators, teachers and other staff assigned to
the cooperative high school attendance center or centers by
participating school districts shall continue to be subject
to employment by and to maintain all rights, privileges and
benefits in the districts from which they were assigned,
however, the participating districts may jointly employ a
principal to oversee the administration of the cooperative
high school attendance center agreement provided the
principal does not have authority to employ or terminate the
employment of other personnel.
(Source: P.A. 85-759; 85-1005; revised 10-20-98.)
(105 ILCS 5/11A-5) (from Ch. 122, par. 11A-5)
Sec. 11A-5. Holding of election.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice shall be in substantially the following
form:
NOTICE OF REFERENDUM TO ESTABLISH
A COMMUNITY UNIT DISTRICT
NOTICE is hereby given that on (insert date), the
... day of ... 19 .., a referendum will be held in
part(s) of ..... county (counties) for the purpose of
voting for or against the proposition to establish a
community unit school district for the following
described territory: (Here describe territory by
districts or portions thereof, numbering them.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert
date), the ... day of ..., 19 .. which order states that
the tax rates for educational, operations and maintenance
and the purchase and improvements of school grounds,
pupil transportation, and fire prevention and safety
purposes, respectively, for the proposed community unit
school district shall be ..... for educational purposes,
..... for operations and maintenance purposes and the
purchase and improvements of school grounds, ..... for
pupil transportation purposes, and .... for fire
prevention and safety purposes, and which rates shall
constitute the tax rates for the community unit school
district, if a majority of the voters in each of the
affected school districts voting on the proposition at
the referendum vote in favor thereof.
Dated (insert date). this ..... day of ... 19 ..
Regional Superintendent of Schools
..................................
(c) Whenever the members of the board of education of
the community unit school district proposed to be established
are to be elected at the same election at which the
proposition to establish that district is to be submitted to
the voters, that fact shall be included in the notice.
(Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
(105 ILCS 5/11B-5) (from Ch. 122, par. 11B-5)
Sec. 11B-5. Holding of election.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice shall be in substantially the following
form:
NOTICE OF REFERENDUM
TO ESTABLISH COMBINED SCHOOL DISTRICT
NOTICE is hereby given that on (insert date), the
...... day of ...... 19......, a referendum will be held
in part(s) of ...... county (counties) for the purpose of
voting for or against the proposition to establish a
combined school district for the following described
territory: (Here describe territory by districts,
numbering them.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert
date), the ...... day of ......, 19...... which order
states that the tax rates for educational, operations and
maintenance and the purchase and improvements of school
grounds, pupil transportation, and fire prevention and
safety purposes, respectively, for said proposed combined
school district shall be ...... for educational purposes,
...... for operations and maintenance purposes and the
purchase and improvements of school grounds, ..... for
pupil transportation purposes, and ..... for fire
prevention and safety purposes, and which rates shall
constitute the tax rates for the combined school
district, if a majority of the voters voting on the
proposition at the referendum vote in favor thereof.
Dated (insert date).
this ...... day of ...... 19......
Regional Superintendent of Schools
...................................
(c) Whenever the members of the board of education of
the combined school district proposed to be established are
to be elected at the same election at which the proposition
to establish that district is to be submitted to the voters,
that fact shall be included in the notice.
(Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
(105 ILCS 5/11D-4) (from Ch. 122, par. 11D-4)
Sec. 11D-4. Holding of election.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice shall be in substantially the following
form:
NOTICE OF REFERENDUM TO DISSOLVE CERTAIN SCHOOL
DISTRICTS AND ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
NOTICE is hereby given that on (insert date), the
... day of ... 19 .., a referendum will be held in
part(s) of ..... county (counties) for the purpose of
voting for or against the proposition to dissolve (here
name the districts to be dissolved) and to establish new
school districts for the following described territory:
(Here describe territory by districts, numbering them.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert
date), the ... day of ..., 19 .. which order states that
the tax rates for educational, operations and
maintenance, pupil transportation, and fire prevention
and safety purposes, respectively, for the proposed new
school districts shall be as follows (stating the
following separately for each of the new school districts
proposed to be established):
For .... (here state elementary or high school)
District No. ...., tax rates of ..... for educational
purposes, ..... for operations and maintenance purposes,
... for pupil transportation purposes, and ... for fire
prevention and safety purposes, and which rates shall
constitute the tax rates for .... (here state elementary
or high school) District No. ...., if a majority of the
voters voting on the proposition at the referendum vote
in favor thereof.
Dated (insert date). this ..... day of ... 19 ..
Regional Superintendent of Schools
..................................
(c) Whenever the members of a board of education of a
high school or elementary school district proposed to be
established are to be elected at the same election at which
the proposition to establish that district is to be submitted
to the voters, that fact shall be included in the notice.
(Source: P.A. 86-1334; 87-10; 87-185; 87-895; revised
10-20-98.)
(105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
Sec. 12-11.1. Tax levy. Levy a tax annually upon all the
taxable property of the district not to exceed 1% of value as
equalized or assessed by the Department of Revenue, for the
purpose of paying the tuition of all eighth-grade graduates
residing within the district attending any recognized high
school. The board of education of such nonhigh school
district may by proper resolution cause a proposition to
increase the annual tax rate for such purpose to be submitted
to the voters of such district at any regular scheduled
election. The rate shall not be increased at any single
referendum more than 0.21% upon the value as equalized or
assessed by the Department of Revenue for such purpose, and
the maximum rate for such purpose shall not exceed 1.60%.
Such amount shall be certified and returned to the county
clerk on or before the last Tuesday in September of each
year. The certificate shall be signed by the president and
the secretary of the board and may be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars
to be levied as a special tax to pay the tuition of graduates
of the eighth grade residing in the nonhigh school district
of .... County, on the equalized assessed valuation of the
taxable property of our nonhigh school district.
Signed on (insert date). this.... day of...., 19...
A..... B....., President
C..... D....., Secretary
A failure to certify and return the certificate of tax
levy to the county clerk in the time required shall not
vitiate the assessment.
(Source: P.A. 81-1489; 81-1509; revised 10-20-98.)
(105 ILCS 5/14A-4) (from Ch. 122, par. 14A-4)
Sec. 14A-4. Advisory Council. There is hereby created an
Advisory Council on Education of Gifted Children to consist
of 7 members appointed by the State Board of Education, who
shall hold office for 4 years. Vacancies shall be filled in
like manner for the unexpired balance of the term only.
Members holding office on the effective date of this
amendatory Act of 1983 shall continue to serve for the term
to which they were appointed, but their successors shall be
appointed for terms of 4 years.
The members appointed shall be citizens of the United
States and of this State and shall be selected, as far as may
be practicable, on the basis of their knowledge of, or
experience in, programs and problems of the education of
gifted children. The State Board of Education shall take
into consideration recommendations recommmendations for
membership on the Council from statewide teacher
organizations.
The State Board of Education shall seek the advice of the
Advisory Council regarding all rules or regulations to be
promulgated by the State Board.
The Council shall organize with a chairman selected by
the Council members and shall meet at the call of the
chairman upon 10 days' ten days written notice but not less
than 4 four times in each calendar year. The Council shall
consider any rule or regulation proposed by the State Board
of Education within 40 days after its receipt by the
chairman. Members of the Council shall serve without
compensation but shall be entitled to reasonable amounts for
expenses necessarily incurred in the performance of their
duties.
The State Board of Education shall designate an employee
of the State Board to act as executive secretary of the
Council and shall furnish all clerical assistance necessary
for the performance of its powers and duties.
(Source: P.A. 83-252; revised 2-24-98.)
(105 ILCS 5/17-2C)
Sec. 17-2C. Transfer from Tort Immunity Fund by
financially distressed school districts. The school board of
any school district that is certified under Section 19-1.5 as
a financially distressed school district may by resolution
transfer from the Tort Immunity Fund to any other school
district fund an amount of money not to exceed the lesser of
$2,500,000 or 0.6% of the value of the taxable property
within the district, provided the amount transferred is not
then required for the payment of any liabilities created by a
settlement or a tort judgement, defense costs, or for the
payment of any liabilities under the Unemployment Insurance
Act, Workers' Compensation Act, Workers' Occupational
Diseases Act, or risk care management programs.
(Source: P.A. 88-641, eff. 9-9-94; revised 10-31-98.)
(105 ILCS 5/17-11) (from Ch. 122, par. 17-11)
Sec. 17-11. Certificate of tax levy. The school board
of each district shall ascertain, as near as practicable,
annually, how much money must be raised by special tax for
transportation purposes if any and for educational and for
operations and maintenance purposes for the next ensuing
year. In school districts with a population of less than
500,000, these amounts shall be certified and returned to
each county clerk on or before the last Tuesday in December,
annually. The certificate shall be signed by the president
and clerk or secretary, and may be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of ......
dollars, to be levied as a special tax for transportation
purposes and the sum of ...... dollars to be levied as a
special tax for educational purposes, and the sum ......
dollars to be levied as a special tax for operations and
maintenance purposes, and the sum of ...... to be levied as a
special tax for a working cash fund, on the equalized
assessed value of the taxable property of our district, for
the year (insert year). 19.....
Signed on (insert date). this ....... day of
..............., 19....
A ........... B ............., President
C ........... D............., Clerk (Secretary)
Dist. No. .........., ............ County
A failure by the school board to file the certificate
with the county clerk in the time required shall not vitiate
the assessment.
(Source: P.A. 86-13; 86-1334; 87-17; revised 10-20-98.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour of
teaching of hospitalized or homebound pupils on-site or
by telephone to the classroom may be counted as 1/2 day
of attendance, however these pupils must receive 4 or
more clock hours of instruction to be counted for a full
day of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any one 1 day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through
12, or by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (b) (c).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d),
immediately above shall be increased by $100 to $1,200,
$1,600, and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c) and (d)
immediately above shall be increased to $1,230, $1,640,
and $2,050, respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement,
and other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of
those the affected educational service regions. An
alternative school serving more than one educational service
region may be operated under such terms as the regional
superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership 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.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether 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.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have
the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding
the Budget Year.
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Limiting Rate and the denominator is the
Preceding Tax Year's tax extension amount resulting from the
Limiting Rate.
"Limiting Rate": The limiting rate as defined in the
Property Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes
except bond and interest that would have been used to extend
those taxes absent the provisions of the Property Tax
Extension Limitation Law.
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) (Blank).
(b) The Preliminary Tax Rate of the school district
for the Base Tax Year was reduced by the Clerk of the
County as a result of the requirements of the Property
Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
April 1 of the Current Year for a grant for the Budget Year.
The claim shall be made on forms prescribed by the State
Board of Education and must be accompanied by a written
statement from the Clerk of the County, certifying:
(a) That the school district had its Preliminary
Tax Rate for the Base Tax Year reduced as a result of the
Property Tax Extension Limitation Law.
(b) (Blank).
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources the equalized assessed
valuation that was used to calculate the general State
aid for the preceding fiscal year multiplied by the
Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
(105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
Sec. 21-10. Provisional certificate.
(A) Until July 1, 1972, the State Teacher Certification
Board may issue a provisional certificate valid for teaching
in elementary, high school or special subject fields subject
to the following conditions:
A provisional certificate may be issued to a person who
presents certified evidence of having earned a bachelor's
degree from a recognized institution of higher learning. The
academic and professional courses offered as a basis of the
provisional certificate shall be courses approved by the
State Board of Education in consultation with the State
Teacher Certification Board.
A certificate earned under this plan may be renewed at
the end of each two-year period upon evidence filed with the
State Teacher Certification Board that the holder has earned
8 semester hours of credit within the period; provided the
requirements for the certificate of the same type issued for
the teaching position for which the teacher is employed shall
be met by the end of the second renewal period. A second
provisional certificate shall not be issued. The credits so
earned must be approved by the State Board of Education in
consultation with the State Teacher Certification Board and
must meet the general pattern for a similar type of
certificate issued on the basis of credit. No more than 4
semester hours shall be chosen from elective subjects.
(B) After July 1, 1972, the State Teacher Certification
Board may issue a provisional certificate valid for teaching
in early childhood, elementary, high school or special
subject fields, or for providing service as school service
personnel or for administering schools subject to the
following conditions: A provisional certificate may be issued
to a person who meets the requirements for a regular
teaching, school service personnel or administrative
certificate in another State and who presents certified
evidence of having earned a bachelor's degree from a
recognized institution of higher learning. The academic and
professional courses offered as a basis of the provisional
certificate shall be courses approved by the State Board of
Education in consultation with the State Teacher
Certification Board. A certificate earned under this plan is
valid for a period of 2 years and shall not be renewed;
however, the individual to whom this certificate is issued
shall have passed or shall pass the examinations set forth by
the State Board of Education within 9 months of the date of
issuance of the provisional certificate. Failure to pass the
tests, required in Section 21-1a, shall result in the
cancellation of the provisional certificate.
(C) The State Teacher Certification Board may also issue
a provisional vocational certificate and a temporary
provisional vocational certificate.
(1) The requirements for a provisional vocational
certificate shall be determined by the State Board of
Education in consultation with the State Teacher
Certification Board; provided, the following minimum
requirements are met: (a) after July 1, 1972, at least 30
semester hours of credit from a recognized institution of
higher learning; and (b) after July 1, 1974, at least 60
semester hours of credit from a recognized institution of
higher learning.
(2) The requirements for a temporary provisional
vocational certificate shall be determined by the State
Board of Education in consultation with the State Teacher
Certification Board; provided, the following minimum
requirements are met: (a) after July 1, 1973, at least
4,000 hours of work experience in the skill to be
certified for teaching; and (b) after July 1, 1975, at
least 8,000 hours of work experience in the skill to be
certified for teaching. Any certificate issued under the
provisions of this paragraph shall expire on June 30
following the date of issue. Renewals may be granted on
a yearly basis, but shall not be granted to any person
who does not file with the State Teacher Certification
Board a transcript showing at least 3 semester hours of
credit earned during the previous year in a recognized
institution of learning. No such certificate shall be
issued except upon certification by the employing board,
subject to the approval of the regional superintendent of
schools, that no qualified teacher holding a regular
certificate or a provisional vocational certificate is
available and that actual circumstances and need require
such issuance.
The courses or work experience offered as a basis for the
issuance of the provisional vocational certificate or the
temporary provisional vocational certificate shall be
approved by the State Board of Education in consultation with
the State Teacher Certification Board.
(D) Until July 1, 1972, the State Teacher Certification
Board may also issue a provisional foreign language
certificate valid for 4 years for teaching the foreign
language named therein in all grades of the common schools
and shall be issued to persons who have graduated from a
recognized institution of higher learning with not fewer than
120 semester hours of credit and who have met other
requirements as determined by the State Board of Education in
consultation with the State Teacher Certification Board. If
the holder of a provisional foreign language certificate is
not a citizen of the United States within 6 years of the date
of issuance of the original certificate, such certificate
shall be suspended by the regional superintendent of schools
of the region in which the holder is engaged to teach and
shall not be reinstated until the holder is a citizen of the
United States.
(E) Notwithstanding anything in this Act to the
contrary, the State Teacher Certification Board shall issue
part-time provisional certificates to eligible individuals
who are professionals and craftsmen.
The requirements for a part-time provisional teachers
certificate shall be determined by the State Board of
Education in consultation with the State Teacher
Certification Board, provided the following minimum
requirements are met: 60 semester hours of credit from a
recognized institution of higher learning or 4000 hours of
work experience in the skill to be certified for teaching.
A part-time provisional certificate may be issued for
teaching no more than 2 courses of study for grades 6 through
12.
A part-time provisional teachers certificate shall be
valid for 2 years and may be renewed at the end of each 2
year period.
(Source: P.A. 90-548, eff. 1-1-98; revised 10-31-98.)
(105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
Sec. 21-12. Printing; of Seal; Signature; Credentials.
All certificates shall be printed by and bear the seal of the
State Teacher Certification Board and the signatures of the
chairman and of the secretary of the board. All college
credentials offered as the basis of a certificate shall be
presented to the secretary of the State Teacher Certification
Board for inspection and approval. After January 1, 1964,
each application for a certificate or evaluation of
credentials shall be accompanied by an evaluation fee of $20
which is not refundable.
Commencing January 1, 1994, an additional $10 shall be
charged for each application for a certificate or evaluation
of credentials which is not refundable. There is hereby
created a Teacher Certificate Fee Revolving Fund as a special
fund within the State Treasury. The proceeds of the
additional $10 fee shall be paid into the Teacher Certificate
Fee Revolving Fund; and the moneys in that Fund shall be
appropriated and used to provide the technology and other
resources necessary for the timely and efficient processing
of certification requests.
When evaluation verifies the requirements for a valid
certificate, the applicant shall be issued an entitlement
card that may be presented to a regional superintendent of
schools together with a fee of one dollar for issuance of a
certificate.
The applicant shall be notified of any deficiencies.
(Source: P.A. 88-224; revised 10-31-98.)
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
fifth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public,
private, or parochial school or nursery school, each child
shall present proof of having been examined in accordance
with this Section and the rules and regulations promulgated
hereunder.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including dental and vision examinations, may be required
when deemed necessary by school authorities. Parents are
encouraged to have their children undergo dental examinations
at the same points in time required for health examinations.
(2) The Department of Public Health shall promulgate
rules and regulations specifying the examinations and
procedures that constitute a health examination and may
recommend by rule that certain additional examinations be
performed. The rules and regulations of the Department of
Public Health shall specify that a tuberculosis skin test
screening shall be included as a required part of each health
examination included under this Section if the child resides
in an area designated by the Department of Public Health as
having a high incidence of tuberculosis.
Physicians licensed to practice medicine in all of its
branches shall be responsible for the performance of the
health examinations, other than dental examinations and
vision and hearing screening, and shall sign all report forms
required by subsection (4) of this Section that pertain to
those portions of the health examination for which the
physician is responsible. If a registered nurse performs any
part of a health examination, then a physician licensed to
practice medicine in all of its branches must review and sign
all required report forms. Licensed dentists shall perform
all dental examinations and shall sign all report forms
required by subsection (4) of this Section that pertain to
the dental examinations. Physicians licensed to practice
medicine in all its branches, or licensed optometrists, shall
perform all vision exams required by school authorities and
shall sign all report forms required by subsection (4) of
this Section that pertain to the vision exam. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified.
(3) Every child shall, at or about the same time as he
or she receives a health examination required by subsection
(1) of this Section, present to the local school, proof of
having received such immunizations against preventable
communicable diseases as the Department of Public Health
shall require by rules and regulations promulgated pursuant
to this Section and the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination
shall record the fact of having conducted the examination,
and such additional information as required, on uniform forms
which the Department of Public Health and the State Board of
Education shall prescribe for statewide use. The examiner
shall summarize on the report form any condition that he or
she suspects indicates a need for special services. The
individuals confirming the administration of required
immunizations shall record as indicated on the form that the
immunizations were administered.
(5) If a child does not submit proof of having had
either the health examination or the immunization as
required, then the child shall be examined or receive the
immunization, as the case may be, and present proof by
October 15 of the current school year, or by an earlier date
of the current school year established by a school district.
To establish a date before October 15 of the current school
year for the health examination or immunization as required,
a school district must give notice of the requirements of
this Section 60 days prior to the earlier established date.
If for medical reasons one or more of the required
immunizations must be given after October 15 of the current
school year, or after an earlier established date of the
current school year, then the child shall present, by October
15, or by the earlier established date, a schedule for the
administration of the immunizations and a statement of the
medical reasons causing the delay, both the schedule and the
statement being issued by the physician, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such
time as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school
for noncompliance with this subsection, the child's parents
or legal guardian shall be considered in violation of Section
26-1 and subject to any penalty imposed by Section 26-10.
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency
shall require, the number of children who have received the
necessary immunizations and the health examination as
required, indicating, of those who have not received the
immunizations and examination as required, the number of
children who are exempt from health examination and
immunization requirements on religious or medical grounds as
provided in subsection (8). This reported information shall
be provided to the Department of Public Health by the State
Board of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant
to Section 18-8 to the school district for such year shall be
withheld by the regional superintendent until the number of
students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Children whose Parents or legal guardians who object
to health examinations or any part thereof, or to
immunizations, on religious grounds shall not be required to
submit their children or wards to the examinations or
immunizations to which they so object if such parents or
legal guardians present to the appropriate local school
authority a signed statement of objection, detailing the
grounds for the objection. If the physical condition of the
child is such that any one or more of the immunizing agents
should not be administered, the examining physician
responsible for the performance of the health examination
shall endorse that fact upon the health examination form.
Exempting a child from the health examination does not exempt
the child from participation in the program of physical
education training provided in Sections 27-5 through 27-7 of
this Code.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
8-9-96; revised 3-10-98.)
(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or
amend the provisions of any court-ordered desegregation plan
in effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 45. Not more
than that 15 charter schools shall operate at any one time in
any city having a population exceeding 500,000; not more than
15 charter schools shall operate at any one time in the
counties of DuPage, Kane, Lake, McHenry, Will, and that
portion of Cook County that is located outside a city having
a population exceeding 500,000; and not more than 15 charter
schools shall operate at any one time in the remainder of the
State.
For purposes of implementing this Section, the State
Board shall assign a number to each charter submission it
receives under Section 27A-6 for its review and
certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly
notify local school boards when the maximum numbers of
certified charter schools authorized to operate have been
reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the
area served by the local school board. However, no more than
50% of the number of resident pupils enrolled in any one
grade in a school district with only a single attendance
center covering that grade may be enrolled in a charter
school at one time.
(e) Nothing in this Article shall prevent 2 or more
local school boards from jointly issuing a charter to a
single shared charter school, provided that all of the
provisions of this Article are met as to those local school
boards.
(f) No local school board shall require any employee of
the school district to be employed in a charter school.
(g) No local school board shall require any pupil
residing within the geographic boundary of its district to
enroll in a charter school.
(h) If there are more eligible applicants for enrollment
in a charter school than there are spaces available,
successful applicants shall be selected by lottery. However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled for cause.
Dual enrollment at both a charter school and a public school
or non-public school shall not be allowed. A pupil who is
suspended or expelled from a charter school shall be deemed
to be suspended or expelled from the public schools of the
school district in which the pupil resides.
(i) No charter school established under this Article may
be authorized to open prior to the school year beginning in
the fall of 1996.
(Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)
(105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
Sec. 29-5.2. Reimbursement of transportation.
(a) Reimbursement. A custodian of a qualifying pupil
shall be entitled to reimbursement in accordance with
procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian
during the school year.
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred to
in subsection (c), as well as an individual who:
(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the school
year for which reimbursement is sought;, and;
(C) during the school year for which reimbursement is
sought was a full-time pupil enrolled in a kindergarten
through 12th grade educational program at a school which was
a distance of 1 1/2 miles or more from the residence of such
pupil; and
(D) did not live within 1 1/2 miles from the school in
which the pupil was enrolled or have access to transportation
provided entirely at public expense to and from that school
and a point within 1 1/2 miles of the pupil's residence,
measured in a manner consistent with Section 29-3.
(2) "Qualified transportation expenses" means costs
reasonably incurred by the custodian to transport, for the
purposes of attending regularly scheduled day-time classes, a
qualifying pupil between such qualifying pupil's residence
and the school at which such qualifying pupil is enrolled, as
limited in subsection (e) of this Section, and shall include
automobile expenses at the standard mileage rate allowed by
the United States Internal Revenue Service as reimbursement
for business transportation expense, as well as payments to
mass transit carriers, private carriers, and contractual fees
for transportation.
(3) "School" means a public or nonpublic elementary or
secondary school in Illinois, attendance at which satisfies
the requirements of Section 26-1.
(4) One and one-half miles distance. For the purposes of
this Section, 1 1/2 miles distance shall be measured in a
manner consistent with Section 29-3.
(5) Custodian. The term "custodian" shall mean, with
respect to a qualifying pupil, an Illinois resident who is
the parent, or parents, or legal guardian of such qualifying
pupil.
(c) An individual, resident of the State of Illinois,
who is under the age of 21 at the close of the school year
for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten
through 12th grade educational program at a school which was
within 1 1/2 miles of the pupil's residence, measured in a
manner consistent with Section 29-3, is a "qualifying pupil"
within the meaning of this Section if: (i) such pupil did
not have access to transportation provided entirely at public
expense to and from that school and the pupil's residence,
and (ii) conditions were such that walking would have
constituted a serious hazard to the safety of the pupil due
to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection
shall in each case be made by the Department of
Transportation in accordance with guidelines which the
Department, in consultation with the State Superintendent of
Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d)
for expenditures incurred or to be incurred with respect to a
pupil asserted to be a qualified pupil as an individual
referred to in this subsection shall first file with the
appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that
a serious safety hazard within the meaning of this subsection
(c) exists with respect to such pupil. Custodians shall file
such forms with the appropriate regional superintendents not
later than February 1 of the school year for which
reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later
than February 15; except that any custodian who previously
received a determination that a serious safety hazard exists
need not resubmit such a request for 4 years but instead may
certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the
conditions found to be hazardous, as previously determined by
the Department, remain unchanged. The Department shall make
its determination on all requests so transmitted to it within
30 days, and shall thereupon forward notice of each
determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian
affected thereby. The determination of the Department
relative to what constitutes a serious safety hazard within
the meaning of subsection (c) with respect to any pupil shall
be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the
Administrative Review Law and all amendments and
modifications thereof and rules adopted pursuant thereto
shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the
Department of Transportation under this subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an
individual referred to in subsection (c), who applies in
accordance with procedures established by the State Board of
Education shall be reimbursed in accordance with the dollar
limits set out in this Section. Such procedures shall require
application no later than June 30 of each year, documentation
as to eligibility, and adequate evidence of expenditures;
except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall
require application within 21 days after the determination of
the Department of Transportation with respect to that school
year is transmitted by the regional superintendent to the
affected custodian. In the absence of contemporaneous
records, an affidavit by the custodian may be accepted as
evidence of an expenditure. If the amount appropriated for
such reimbursement for any year is less than the amount due
each custodian, it shall be apportioned on the basis of the
requests approved. Regional Superintendents shall be
reimbursed for such costs of administering the program,
including costs incurred in administering the provisions of
subsection (c), as the State Board of Education determines
are reasonable and necessary.
(e) Dollar limit on amount of reimbursement.
Reimbursement to custodians for transportation expenses
incurred during the 1985-1986 school year, payable in fiscal
year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil.
Reimbursement to custodians for transportation expenses
incurred during the 1986-1987 school year, payable in fiscal
year 1988, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred
in 1987-1988 and thereafter, the amount of reimbursement
shall not exceed the prior year's State reimbursement per
pupil for transporting pupils as required by Section 29-3 and
other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall
apply according to their terms to the entire 1985-1986 school
year, including any portion of that school year which elapses
prior to the effective date of this amendatory Act, and to
each subsequent school year.
(h) The chief administrative officer of each school
shall notify custodians of qualifying pupils that
reimbursements are available. Notification shall occur by
the first Monday in November of the school year for which
reimbursement is available.
(Source: P.A. 85-1209; revised 10-31-98.)
(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its
electors, cease to control its school under the Act under
which it was organized, and become part of the school
township or townships in which it is situated. Upon petition
of 50 voters of the district, presented to the board having
the control and management of the schools, the board shall
order submitted to the voters at an election to be held in
the district, in accordance with the general election law,
the question of "organizing under the general school law".
The secretary of the board shall make certification to the
proper election authority in accordance with the general
election law. If, however, a majority of the votes cast at
any such election in any school district subject to Sections
32-3 through 32-4.11 is against organizing the district under
the general school law, the question may not again be
submitted in the district for 22 months thereafter, and then
only upon petition signed by at least 2% of the voters of the
school district. Notice shall be given in accordance with
the general election law, which notice shall be in the
following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), the ....
day of ...., 19.., a referendum will be held at.... for the
purpose of deciding the question of organizing under the
general school law. The polls will be opened at .... o'clock
..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in
favor of organizing under the general school law, then the
board having the control and management of schools in the
district, shall declare the proposition carried.
When such a proposition is declared to have so carried,
the board of education shall continue to exercise its powers
and duties under the general school law. Each member of the
board of education selected under the provisions of the
special charter shall continue in office until his term has
expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the
date of the next regular school election, in accordance with
the general election law to fill the vacancy which is
created. Nomination papers filed under this Section are not
valid unless the candidate named therein files with the
secretary of the board of education a receipt from the county
clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental
Ethics Act. Such receipt shall be so filed either previously
during the calendar year in which his nomination papers were
filed or within the period for the filing of nomination
papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter
district whose board is appointed by the mayor or other
corporate authority of that municipality may, by resolution
adopted by the corporate authorities of that municipality
cease to control its school under the Act under which it was
organized, become a part of the school township or townships
in which it is situated and become organized under the
general school law. If such a resolution is adopted, the
board of education shall continue to exercise its powers and
duties under the general school law. Each member of the
board of education selected under the provisions of the
special charter shall continue in office until his term has
expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the
date of the next regular school election, in accordance with
the general election law to fill the vacancy which is
created.
(Source: P.A. 81-1490; revised 10-20-98.)
(105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
Sec. 32-1.4. Petition - referendum - election of board.
Upon petition of 50 voters of any district as defined in
Section 32-1.3 presented to the board having the control and
management of schools, the board shall, at the next regularly
scheduled election held in such district cause to be
submitted to the voters thereof, in accordance with the
general election law, the proposition of "electing a board of
education having the powers conferred upon such boards in
districts organized under The School Code". The board shall
publish notice of such election, in the manner provided by
the general election law, which notice may be in the
following form:
Public notice is hereby given that on (insert date), the
.... day of .... 19.., a referendum will be held at ....,
between the hours of ... ..m., and ... ..m., of said day for
the purpose of deciding the question of "electing a board of
education having the powers conferred upon such boards in
districts organized under the School Code".
If a majority of the votes cast is in favor of the
proposition, then at the time of the next regular election
for boards of education, there shall be elected a board of
education for the district.
(Source: P.A. 81-1490; revised 10-20-98.)
(105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
Sec. 32-5.2. Moneys paid into treasury - Delivery of
bonds - Records. All moneys borrowed by virtue of Section
32-5, shall be paid into the treasury of the school district.
Upon receiving the moneys, the treasurer shall deliver the
bonds issued therefor to the persons entitled to receive
them, and shall credit the amount received to the district.
The treasurer shall record the amount received for each bond
issued, and when any bond is paid the treasurer shall cancel
it and enter in the register opposite the record of the bond
the words "paid and cancelled" this .... day of ...., 19.."
filling the blanks with the date, month and year
corresponding with the date of the payment.
(Source: Laws 1961, p. 31; revised 10-20-98.)
(105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
Sec. 32-7. Form of bond. The form of bond to be given by
any treasurer who has the custody of funds belonging to any
special charter district shall be substantially in the
following form:
We, (AB), principal, and (CD and EF), sureties, all of
the County of .... and State of Illinois, are obligated to
the People of the State of Illinois, for the use of the ....
(name of school district) in the penal sum of $...., for the
payment of which to be made, we obligate ourselves, and each
of us, our heirs, executors, administrators, successors, and
assigns.
Dated (insert date). 19
The condition of the above bond is that if the above
obligated (AB) shall perform all the duties which are, or may
be required by law to be performed by him as treasurer of the
school district in the time and manner prescribed, or to be
prescribed by law, and when he shall be succeeded in office
and surrender and deliver over to his successor in office all
books, papers, moneys, and other things belonging to the
school district and pertaining to his office, then the above
bond to be void; otherwise, to remain in full force.
It is expressly understood and intended that the
obligation of the above named sureties shall not extend to
any loss sustained by the insolvency, failure, or closing of
any bank or savings and loan association organized and
operating either under the laws of the State of Illinois or
the United States wherein such treasurer has placed the funds
in his custody or control, or any part thereof, provided,
such depository has been approved by the (board of education,
board of school inspectors or other governing body of the
particular district) of the .... (name of district).
A B ....
C D ....
E F ....
(Source: P.A. 84-550; revised 10-20-98.)
(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
Sec. 34-21.1. Additional powers. In addition to other
powers and authority now possessed by it, the board shall
have power:
(1) To lease from any public building commission created
pursuant to the provisions of the Public Building Commission
Act, approved July 5, 1955, as heretofore or hereafter
amended or from any individuals, partnerships or
corporations, any real or personal property for the purpose
of securing space for its school purposes or office or other
space for its administrative functions for a period of time
not exceeding 40 years.
(2) To pay for the use of this leased property in
accordance with the terms of the lease and with the
provisions of the Public Building Commission Act, approved
July 5, 1955, as heretofore or hereafter amended.
(3) Such lease may be entered into without making a
previous appropriation for the expense thereby incurred;
provided, however, that if the board undertakes to pay all or
any part of the costs of operating and maintaining the
property of a public building commission as authorized in
subparagraph (4) of this Section, such expenses of operation
and maintenance shall be included in the annual budget of
such board annually during the term of such undertaking.
(4) In addition, the board may undertake, either in the
lease with a public building commission or by separate
agreement or contract with a public building commission, to
pay all or any part of the costs of maintaining and operating
the property of a public building commission for any period
of time not exceeding 40 years.
(5) To enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years
from the date on which such agreements are entered into, with
private sector individuals, partnerships, or corporations for
the construction of school buildings, school administrative
offices, site development, and school support facilities.
The board shall maintain exclusive possession of all schools,
school administrative offices, and school facilities which it
is occupying or acquiring pursuant to any such lease or lease
purchase agreement, and in addition shall have and exercise
complete control over the education program conducted at such
schools, offices and facilities. The board's contribution
under any such agreement shall be limited to the use of the
real estate and existing improvements on a rental basis which
shall be exempt from any form of leasehold tax or assessment,
but the interests of the board may be subordinated to the
interests of a mortgage holder or holders acquired as
security for additional improvements made on the property.
(6) To make payments on a lease or lease purchase
agreement entered into pursuant to subparagraph (5) of this
Section with an individual, partnership, or a corporation for
school buildings, school administrative offices, and school
support facilities constructed by such individual,
partnership, or corporation.
(7) To purchase the interests of an individual,
partnership, or corporation pursuant to any lease or lease
purchase agreement entered into by the board pursuant to
subparagraph (5) of this Section, and to assume or retire any
outstanding debt or obligation relating to such lease or
lease purchase agreement for any school building, school
administrative office, or school support facility.
(8) Subject to the provisions of subparagraph (9) of
this Section, to enter into agreements, including lease and
lease purchase agreements, having a term not longer than 40
years from the date on which such agreements are entered into
for the provision of school buildings and related property
and facilities for an agricultural science school. The
enrollment in such school shall be limited to 600 students.
Under such agreements the board shall have exclusive
possession of all such school buildings and related property
and facilities which it is occupying or acquiring pursuant to
any such agreements, and in addition shall have and exercise
complete control over the educational program conducted at
such school. Under such agreements the board also may lease
to another party to such agreement real estate and existing
improvements which are appropriate and available for use as
part of the necessary school buildings and related property
and facilities for an agricultural science school. Any
interest created by such a lease shall be exempt from any
form of leasehold tax or assessment, and the interests of the
board as owner or lessor of property covered by such a lease
may be subordinated to the interests of a mortgage holder or
holders acquired as security for additional improvements made
on the property. In addition, but subject to the provisions
of subparagraph (9) of this Section, the board is authorized:
(i) to pay for the use of school buildings and related
property and facilities for an agricultural science school as
provided for in an agreement entered into pursuant to this
subparagraph (8) and to enter into any such agreement without
making a previous appropriation for the expense thereby
incurred; and (ii) to enter into agreements to purchase any
ownership interests in any school buildings and related
property and facilities subject to any agreement entered into
by the board pursuant to this subparagraph (8) and to assume
or retire any outstanding debt or obligation relating to such
school buildings and related property and facilities.
(9) Notwithstanding the provisions of subparagraph (8)
of this Section or any other law, the board shall not at any
time on or after the effective date of this amendatory Act of
1991 enter into any new lease or lease purchase agreement, or
amend or modify any existing lease, lease purchase or other
agreement entered into pursuant to subparagraph subpargraph
(8), covering all or any part of the property or facilities,
consisting of 78.85 acres more or less, heretofore purchased
or otherwise acquired by the board for an agricultural
science school; nor shall the board enter into any agreement
on or after the effective date of this amendatory Act of 1991
to sell, lease, transfer or otherwise convey all or any part
of the property so purchased or acquired, nor any of the
school buildings or related facilities thereon, but the same
shall be held, used, occupied and maintained by the board
solely for the purpose of conducting and operating an
agricultural science school. The board shall not, on or
after the effective date of this amendatory Act of 1991,
enter into any contracts or agreements for the construction,
alteration or modification of any new or existing school
buildings or related facilities or structural improvements on
any part of the 78.85 acres purchased or otherwise acquired
by the board for agricultural science school purposes,
excepting only those contracts or agreements that are entered
into by the board for the construction, alteration or
modification of such school buildings, related facilities or
structural improvements that on the effective date of this
amendatory Act of 1991 are either located upon, under
construction upon or scheduled under existing plans and
specifications to be constructed upon a parcel of land,
consisting of 17.45 acres more or less and measuring
approximately 880 feet along its northerly and southerly
boundaries and 864 feet along its easterly and westerly
boundaries, located in the northeast part of the 78.85 acres.
Nothing in this subparagraph (9) shall be deemed or construed
to alter, modify, impair or otherwise affect the terms and
provisions of, nor the rights and obligations of the parties
under any agreement or contract made and entered into by the
board prior to the effective date of this amendatory Act (i)
for the acquisition, lease or lease purchase of, or for the
construction, alteration or modification of any school
buildings, related facilities or structural improvements upon
all or any part of the 78.85 acres purchased or acquired by
the board for agricultural science school purposes, or (ii)
for the lease by the board of an irregularly shaped parcel,
consisting of 23.19 acres more or less, of that 78.85 acres
for park board purposes.
(Source: P.A. 87-722; revised 2-24-98.)
(105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
Sec. 34-84a.1. Principals shall report incidents of
intimidation. The principal of each attendance center shall
promptly notify and report to the local law enforcement
authorities for inclusion in the Department of State Police's
Law Enforcement's Illinois Uniform Crime Reporting Program
each incident of intimidation of which he or she has
knowledge and each alleged incident of intimidation which is
reported to him or her, either orally or in writing, by any
pupil or by any teacher or other certificated or
non-certificated personnel employed at the attendance center.
"Intimidation" shall have the meaning ascribed to it by
Section 12-6 of the Criminal Code of 1961.
(Source: P.A. 84-1020; revised 10-31-98.)
Section 102. The Illinois School Student Records Act is
amended by changing Section 6 as follows:
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
(Text of Section before amendment by P.A. 90-590)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided
in paragraph (a) of Section 5;
(2) To an employee or official of the school or
school district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) To the official records custodian of another
school within Illinois or an official with similar
responsibilities of a school outside Illinois, in which
the student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) To any person for the purpose of research,
statistical reporting or planning, provided that no
student or parent can be identified from the information
released and the person to whom the information is
released signs an affidavit agreeing to comply with all
applicable statutes and rules pertaining to school
student records;
(5) Pursuant to a court order, provided that the
parent shall be given prompt written notice upon receipt
of such order of the terms of the order, the nature and
substance of the information proposed to be released in
compliance with such order and an opportunity to inspect
and copy the school student records and to challenge
their contents pursuant to Section 7;
(6) To any person as specifically required by State
or federal law;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if
the knowledge of such information is necessary to protect
the health or safety of the student or other persons;
(8) To any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the
time any such consent is requested or obtained, the
parent shall be advised in writing that he has the right
to inspect and copy such records in accordance with
Section 5, to challenge their contents in accordance with
Section 7 and to limit any such consent to designated
records or designated portions of the information
contained therein; or
(9) To a governmental agency, or social service
agency contracted by a governmental agency, in
furtherance of an investigation of a student's school
attendance pursuant to the compulsory student attendance
laws of this State, provided that the records are
released to the employee or agent designated by the
agency.
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such
information, the capacity in which such a request has
been made, and the purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a
parent may permit any other person to have access to such
information without a prior consent of the parent obtained in
accordance with the requirements of subparagraph (8) of
paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the
State Board.
(Source: P.A. 90-566, eff. 1-2-98.)
(Text of Section after amendment by P.A. 90-590)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided
in paragraph (a) of Section 5;
(2) To an employee or official of the school or
school district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) To the official records custodian of another
school within Illinois or an official with similar
responsibilities of a school outside Illinois, in which
the student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) To any person for the purpose of research,
statistical reporting or planning, provided that no
student or parent can be identified from the information
released and the person to whom the information is
released signs an affidavit agreeing to comply with all
applicable statutes and rules pertaining to school
student records;
(5) Pursuant to a court order, provided that the
parent shall be given prompt written notice upon receipt
of such order of the terms of the order, the nature and
substance of the information proposed to be released in
compliance with such order and an opportunity to inspect
and copy the school student records and to challenge
their contents pursuant to Section 7;
(6) To any person as specifically required by State
or federal law;
(6.5) To juvenile authorities when necessary for
the discharge of their official duties who request
information prior to adjudication of the student 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: (i) a judge of the circuit
court and members of the staff of the court designated by
the judge; (ii) parties to the proceedings under the
Juvenile Court Act of 1987 and their attorneys; (iii)
probation officers and court appointed advocates for the
juvenile authorized by the judge hearing the case; (iv)
any individual, public or private agency having custody
of the child pursuant to court order; (v) any individual,
public or private agency providing education, medical or
mental health service to the child when the requested
information is needed to determine the appropriate
service or treatment for the minor; (vi) any potential
placement provider when such release is authorized by the
court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law
enforcement officers and prosecutors; (viii) adult and
juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if
the knowledge of such information is necessary to protect
the health or safety of the student or other persons;
(8) To any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the
time any such consent is requested or obtained, the
parent shall be advised in writing that he has the right
to inspect and copy such records in accordance with
Section 5, to challenge their contents in accordance with
Section 7 and to limit any such consent to designated
records or designated portions of the information
contained therein; or
(9) To a governmental agency, or social service
agency contracted by a governmental agency, in
furtherance of an investigation of a student's school
attendance pursuant to the compulsory student attendance
laws of this State, provided that the records are
released to the employee or agent designated by the
agency.
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such
information, the capacity in which such a request has
been made, and the purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a
parent may permit any other person to have access to such
information without a prior consent of the parent obtained in
accordance with the requirements of subparagraph (8) of
paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the
State Board.
(Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00;
revised 9-16-98.)
Section 103. The Asbestos Abatement Act is amended by
changing Section 6 as follows:
(105 ILCS 105/6) (from Ch. 122, par. 1406)
Sec. 6. Powers and Duties of the Department.
(a) The Department is empowered to promulgate any rules
necessary to ensure proper implementation and administration
of this Act and of the federal Asbestos Hazard Emergency
Response Act of 1986, and the regulations promulgated
thereunder.
(b) Rules promulgated by the Department shall include,
but not be limited to:
(1) all rules necessary to achieve compliance with
the federal Asbestos Hazard Emergency Response Act of
1986 and the regulations promulgated thereunder;.
(2) rules providing for the training and licensing
of persons and firms to perform asbestos inspection and
air sampling; to perform abatement work; and to serve as
asbestos abatement contractors, management, planners,
project designers, project supervisors, project managers
and asbestos workers for public and private secondary and
elementary schools; and any necessary rules relating to
the correct and safe performance of those tasks; and.
(3) rules for the development and submission of
asbestos management plans by local educational agencies,
and for review and approval of such plans by the
Department.
(c) In carrying out its responsibilities under this Act,
the Department shall:
(1) publish a list of persons and firms licensed
pursuant to this Act, except that the Department shall
not be required to publish a list of licensed asbestos
workers;
(2) require each local educational agency to
maintain records of asbestos-related activities, which
shall be made available to the Department upon request;
and
(3) require local educational agencies to submit to
the Department for review and approval all
asbestos-related response action contracts for which the
local educational agency seeks indemnification under the
Response Action Contractor Contractors Indemnification
Act, and with respect to such response action contracts,
to collect from the local educational agency and deposit
in the Response Contractors Indemnification Fund 5% of
the amount of each response action contract, as required
under the Response Action Contractor Indemnification Act.
(d) Adopt rules for the collection of fees for training
course approval; and for licensing of inspectors, management
planners, project designers, contractors, supervisors, air
sampling professionals, project managers and workers.
(Source: P.A. 86-416; revised 10-31-98.)
Section 104. The Private Business and Vocational Schools
Act is amended by changing Section 7 as follows:
(105 ILCS 425/7) (from Ch. 144, par. 142)
Sec. 7. Application commitments. Each application for a
certificate of approval shall also contain the following
commitments:
1. To conduct the school in accordance with this Act and
the standards, rules and regulations from time to time
established and promulgated hereunder;
2. To conduct the school in accordance with the
standards of the school's regional or national accrediting
agency, if any;
2.5. To meet standards and requirements at least as
stringent as those required by Part H of the Federal Higher
Education Act of 1965;.
3. To maintain student transcript records for at least
50 years after the student has departed from the school;
4. To conduct instruction in each course of instruction
on its certificate of approval at least once during the
approval year for which the certificate is issued;
5. To permit the Superintendent or his or her designees
to inspect the school or classes thereof from time to time
with or without notice; and to make available to the
Superintendent or his or her designees, at any time when
required to do so, information including financial
information pertaining to the activities of the school
required for the administration of this Act and the
standards, rules and regulations established and promulgated
hereunder;
6. To utilize only advertising and solicitation which is
free from misrepresentation, deception or fraud, or other
misleading or unfair trade practices;
7. To not promise or agree to any right or privilege in
respect to professional examinations or to the practice of
any profession in violation of the laws of this State;
8. To screen applicants for each course of instruction
prior to enrollment and maintain such records for 7 years.
If the course being offered is in a language other than
English, the screening must include that language; and.
9. To post in a conspicuous place a statement, as
developed by the Superintendent, of students' rights provided
under this Act.
(Source: P.A. 88-483; revised 10-31-98.)
Section 108. The Public University Energy Conservation
Act is amended by renumbering Section 5.5 as follows:
(110 ILCS 62/5-5)
Sec. 5-5. 5.5. Public university. "Public university"
means any of the the following institutions of higher
learning: the University of Illinois, Southern Illinois
University, Northern Illinois University, Eastern Illinois
University, Western Illinois University, Northeastern
Illinois University, Chicago State University, Governors
State University, or Illinois State University, acting in
each case through its board of trustees or through a designee
of that board.
(Source: P.A. 90-486, eff. 8-17-97; revised 10-28-98.)
Section 16. The Board of Higher Education Act is amended
by setting forth and renumbering multiple versions of Section
9.27 as follows:
(110 ILCS 205/9.27)
Sec. 9.27. Technology Grants. To establish and
administer a program or programs of grants for the purpose of
improving and making available state-of-the-art technologies
for Illinois institutions of higher education. Such grants
may be awarded to public institutions of higher learning or
nonpublic institutions of higher learning or to both public
and nonpublic institutions of higher learning. Such grants
may be made for technology purposes that include, but are not
limited to, the purchase of equipment or services or both to
improve computing and computer networking and to enhance
connectivity to external networks.
The Board shall adopt such rules and regulations as may
be necessary to accomplish the purposes of this Section.
(Source: P.A. 90-730, eff. 8-10-98.)
(110 ILCS 205/9.28)
Sec. 9.28. 9.27. Graduation incentive grant program.
(a) The graduation incentive grant program is hereby
created. The program shall be implemented and administered
by the Board of Higher Education to provide grant incentives
to public universities that offer their undergraduate
students contracts under which the university commits itself
to provide the courses, programs, and support services
necessary to enable the contracting students to graduate
within 4 years. Grants shall be awarded from appropriations
made to the Board of Higher Education for purposes of this
Section.
(b) To be eligible for grant consideration, a public
university shall annually file a report with the Board of
Higher Education detailing its 4-year graduation contract
program. The report shall include, at a minimum, the
following information: the number of undergraduate students
participating in the program, the requirements of the 4-year
graduation contracts offered by the university, the types of
additional support services provided by the university to the
contracting students, and the cost of the program.
(c) In awarding grants to public universities under this
Section, the Board of Higher Education may consider each
applicant's report data, the number of institutions wishing
to participate, and such other criteria as the Board of
Higher Education determines to be appropriate.
(d) The Board of Higher Education shall annually submit
to the Governor and the General Assembly a budgetary
recommendation for grants under this Section and shall notify
applicants for grant assistance that the award of grants
under this Section is contingent upon the availability of
appropriated funds.
(e) The Board of Higher Education may adopt such rules
as it deems necessary for administration of the grant program
created by this Section.
(Source: P.A. 90-750, eff. 8-14-98; revised 9-21-98.)
Section 107. The Public Community College Act is amended
by changing Sections 3-7.10, 3-19, and 3-2.5 as follows:
(110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
Sec. 3-7.10. Nominations for members of the board shall
be made by a petition signed by at least 50 voters or 10% of
the voters, whichever is less, residing within the district
and shall be filed with the secretary of the board. In
addition to the requirements of the general election law, the
form of such petitions shall be substantially as follows:
NOMINATING PETITIONS
To the Secretary of the Board of Trustees of Community
College District No. ....:
We the undersigned, being (.... or more) (or 10% or
more) of the voters residing within said district, hereby
petition that .... who resides at .... in the (city or
village) of .... in Township .... (or who resides outside any
city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of
the Board of Trustees (full term) (vacancy) to be voted for
at the election to be held on (insert date). the.... day
of...., 19...
Name: Address:
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary
of the board a receipt from the county clerk showing that the
candidate has filed a statement of economic interests as
required by the Illinois Governmental Ethics Act. Such
receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
The secretary of the board shall notify each candidate,
or the appropriate committee, for whom a petition for
nomination has been filed of their obligations under the
Campaign Financing Act, as required by the general election
law. Such notice shall be given on a form prescribed by the
State Board of Elections and in accordance with the
requirements of the general election law.
All petitions for the nomination of members of a board of
trustees shall be filed with the secretary of the board
within the time provided for by the general election law.
Said secretary shall make certification to the proper
election authority in accordance with the requirements of the
general election law. If the secretary is an incumbent board
member seeking reelection, a disinterested person must be a
witness to the filing of his petition. It is the duty of the
secretary to provide candidates with petition forms and
statements of candidacy.
The secretary shall within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the
petitioner in writing his acceptance of the petition.
In all newly organized districts the petition for the
nomination of candidates for members of the board at the
first election shall be addressed to and filed with the
regional superintendent in the manner specified for the
petitions for candidates of a community college board. For
such election the regional superintendent shall fulfill all
duties otherwise assigned to the secretary of the board.
(Source: P.A. 81-1490; revised 10-20-98.)
(110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
Sec. 3-19. Before entering upon his duties, each
treasurer shall execute a bond with 2 or more persons having
an interest in real estate who are not members of the board
of the district, or with a surety company authorized to do
business in this State, as sureties, payable to the board of
the community college district for which he is treasurer and
conditioned upon the faithful discharge of his duties. The
penalty of the bond shall be at least twice the amount of all
bonds, notes, mortgages, moneys and effects of which he is to
have the custody, if individuals act as sureties, or in the
amount only of such bonds, notes, mortgages, moneys and
effects if the surety given is by a surety company authorized
to do business in this State, and shall be increased or
decreased from time to time, as the increase or decrease of
the amount of notes, bonds, mortgages, moneys and effects may
require, and whenever in the judgment of the State board the
penalty of the bond should be increased or decreased. The
bond must be approved by at least a majority of the board of
the community college district and filed with the State
Board. A copy of the bond must also be filed with the county
clerk of each county in which any part of the community
college district is situated. The bond shall be in
substantially the following form:
STATE OF ILLINOIS)
) SS.
.......... COUNTY)
We, .... and .... are obligated, jointly and severally,
to the Board of Community College District No. ...., County
(or Counties) of .... and State of Illinois in the penal sum
of $...., for the payment of which we obligate ourselves, our
heirs, executors and administrators.
Dated (insert date). ............ 19..
The condition of this obligation is such that if ....,
treasurer in the district above stated, faithfully discharges
the duties of his or her office, according to law, and
delivers to his or her successor in office, after that
successor has qualified by giving bond as provided by law,
all moneys, books, papers, securities and property, which
shall come into his or her possession or control, as such
treasurer, from the date of his or her bond to the time that
his or her successor has qualified as treasurer, by giving
such bond as is required by law, then this obligation to be
void; otherwise to remain in full force and effect.
Signed:.....................
............................
............................
............................
Approved and accepted by Board of Community College
District No. .... County (or Counties) of .... and State of
Illinois. By .... Chairman .... Secretary
No part of any State or other district funds may be paid
to any treasurer or other persons authorized to receive it
unless the treasurer has filed his or her bond as required
herein.
(Source: P.A. 84-1308; revised 10-20-98.)
(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
Sec. 3-20.5. (a) The board of each community college
district shall ascertain, as near as practicable, annually,
how much money must be raised by special tax for educational
purposes and for operations and maintenance of facilities
purposes for the next ensuing year. Such amounts shall be
certified and returned to the county clerk on or before the
last Tuesday in December, annually. The certificate shall be
signed by the chairman and secretary, and may be in the
following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of ....
dollars to be levied as a special tax for educational
purposes, and the sum of .... dollars to be levied as a
special tax for operations and maintenance of facilities
purposes, on the equalized assessed value of the taxable
property of our district, for the year (insert year). 19...
Signed on (insert date). this .... day of ...., 19...
A .... B ...., Chairman
C .... D ...., Secretary
Community College Dist. No. ...., .... County (or
Counties)
An amended certificate may be filed by the community
college board within 10 days of receipt of official
notification from the county clerk of the multiplier that
will be applied to assessed value of the taxable property of
the district, provided such multiplier will alter the amount
of revenue received by the district from either local or
State sources.
A failure by the board to file the certificate with the
county clerk in the time required shall not vitiate the
assessment.
(Source: P.A. 85-1335; revised 10-20-98.)
Section 108. The Higher Education Student Assistance Act
is amended by changing Sections 35, 65.05, and 65.30 as
follows:
(110 ILCS 947/35)
Sec. 35. Monetary award program.
(a) The Commission shall, each year, receive and
consider applications for grant assistance under this
Section. Subject to a separate appropriation for such
purposes, an applicant is eligible for a grant under this
Section when the Commission finds that the applicant:
(1) is a resident of this State and a citizen or
permanent resident of the United States; and
(2) in the absence of grant assistance, will be
deterred by financial considerations from completing an
educational program at the qualified institution of his
or her choice.
(b) The Commission shall award renewals only upon the
student's application and upon the Commission's finding that
the applicant:
(1) has remained a student in good standing;
(2) remains a resident of this State; and
(3) is in a financial situation that continues to
warrant assistance.
(c) All grants shall be applicable only to tuition and
necessary fee costs for 2 semesters or 3 quarters in an
academic year. Requests for summer term assistance will be
made separately and shall be considered on an individual
basis according to Commission policy. Subject to a separate
appropriation for this purpose beginning with fiscal year
2000, each student who is awarded a grant under this Section
and is enrolled in summer school classes shall be eligible
for a summer school grant. The summer school grant amount
shall not exceed the lesser of 50 percent of the maximum
annual grant amount authorized by this Section or the actual
cost of tuition and fees at the institution at which the
student is enrolled at least half-time. For the regular
academic year, the Commission shall determine the grant
amount for each full-time and part-time student, which shall
be the smallest of the following amounts:
(1) $4,320 for 2 semesters or 3 quarters of
full-time undergraduate enrollment or $2,160 for 2
semesters or 3 quarters of part-time undergraduate
enrollment, or such lesser amount as the Commission finds
to be available; or
(2) the amount which equals the 2 semesters or 3
quarters tuition and other necessary fees required
generally by the institution of all full-time
undergraduate students, or in the case of part-time
students an amount of tuition and fees for 2 semesters or
3 quarters which shall not exceed one-half the amount of
tuition and necessary fees generally charged to full-time
undergraduate students by the institution; or
(3) such amount as the Commission finds to be
appropriate in view of the applicant's financial
resources.
"Tuition and other necessary fees" as used in this Section
include the customary charge for instruction and use of
facilities in general, and the additional fixed fees charged
for specified purposes, which are required generally of
nongrant recipients for each academic period for which the
grant applicant actually enrolls, but do not include fees
payable only once or breakage fees and other contingent
deposits which are refundable in whole or in part. The
Commission may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
(d) No applicant, including those presently receiving
scholarship assistance under this Act, is eligible for
monetary award program consideration under this Act after
receiving a baccalaureate degree or the equivalent of 10
semesters or 15 quarters of award payments. The Commission
shall determine when award payments for part-time enrollment
or interim or summer terms shall be counted as a partial
semester or quarter of payment.
(e) The Commission, in determining the number of grants
to be offered, shall take into consideration past experience
with the rate of grant funds unclaimed by recipients. The
Commission shall notify applicants that grant assistance is
contingent upon the availability of appropriated funds.
(f) The Commission may request appropriations for
deposit into the Monetary Award Program Reserve Fund. Monies
deposited into the Monetary Award Program Reserve Fund may be
expended exclusively for one purpose: to make Monetary Award
Program grants to eligible students. Amounts on deposit in
the Monetary Award Program Reserve Fund may not exceed 2% of
the current annual State appropriation for the Monetary Award
Program.
The purpose of the Monetary Award Program Reserve Fund is
to enable the Commission each year to assure as many students
as possible of their eligibility for a Monetary Award Program
grant and to do so before commencement of the academic year.
Moneys deposited in this Reserve Fund are intended to enhance
the Commission's management of the Monetary Award Program,
minimizing the necessity, magnitude, and frequency of
adjusting award amounts and ensuring that the annual Monetary
Award Program appropriation can be fully utilized.
(g) The Commission shall determine the eligibility of
and make grants to applicants enrolled at qualified
for-profit institutions in accordance with the criteria set
forth in this Section. The eligibility of applicants
enrolled at such for-profit institutions shall be limited as
follows:
(1) Beginning with the academic year 1997, only to
eligible first-time freshmen and first-time transfer
students who have attained an associate degree.
(2) Beginning with the academic year 1998, only to
eligible freshmen students, transfer students who have
attained an associate degree, and students who receive a
grant under paragraph (1) for the academic year 1997 and
whose grants are being renewed for the academic year
1998.
(3) Beginning with the academic year 1999, to all
eligible students.
(Source: P.A. 89-163, eff. 7-19-95; 89-330, eff. 8-17-95;
89-512, eff. 7-11-96; 89-626, eff. 8-9-96; 90-122, eff.
7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98; revised
9-16-98.)
(110 ILCS 947/65.05)
Sec. 65.05. Traineeship and fellowship program; training
of professional personnel.
(a) The Commission, with the advice of the Advisory
Council on Education of Children with Disabilities created
under Section 14-3.01 of the School Code, may make
traineeship or fellowship grants to persons of good character
who are interested in working in programs for the education
of children with disabilities, for either part-time or
full-time study in programs designed to qualify them under
Section 14-1.10 of the School Code. Persons to qualify for a
traineeship must have earned at least 60 semester hours of
college credit, and persons to qualify for a fellowship must
be graduates of a recognized college or university. Such
traineeships and fellowships may be in amounts of not more
than $1,500 per academic year for traineeships and not more
than $3,000 per academic year for fellowships, except an
additional sum up to $2,500 annually for each grantee may be
allowed to any approved institution of higher learning in
Illinois for the actual cost to the institution, as certified
by the institution. Part-time students and summer session
students may be awarded grants on a pro rata basis. The
Commission shall make traineeship or fellowship grants
available to bilingual individuals who are interested in
working in programs for the education of children from
non-English speaking backgrounds, for either part-time or
full-time study programs to qualify them under Section
14-1.10 of the School Code.
(b) All grants shall be made under rules and regulations
prescribed by the Commission and issued pursuant to this Act;
provided that no rule or regulation promulgated by the State
Board of Education prior to July 1, 1994 pursuant to the
exercise of any right, power, duty, responsibility or matter
of pending business transferred from the State Board of
Education to the Commission under this Section shall be
affected thereby, and all such rules and regulations shall
become the rules and regulations of the Commission until
modified or changed by the Commission in accordance with law.
(c) The Commission, with the advice of and in
consultation with the State Board of Education, may contract
with any approved institution of higher learning in Illinois
to offer courses required for the professional training of
special education personnel at such times and locations as
may best serve the needs of children with disabilities in
Illinois and may reimburse the institution of higher learning
for any financial loss incurred due to low enrollments,
distance from campus, or other good and substantial reason
satisfactory to the Advisory Council on Education of Children
with Disabilities.
(d) The Commission shall administer the traineeship and
fellowship account and related record of each person who is
attending an institution of higher learning under a
traineeship or fellowship awarded pursuant to this Section
and at each proper time shall certify to the State
Comptroller the current payment to be made to the holder of
each fellowship, in accordance with an appropriate
certificate of the holder of such fellowship endorsed by the
institution of higher learning attended by the holder.
(e) Following the completion of such program of study
the recipient of such traineeship or fellowship is expected
to accept employment within one year in an approved program
of special education for children with disabilities in
Illinois on the basis of 1/2 year of service for each
academic year of training received through a grant under this
Section. Persons who fail to comply with this provision may,
at the discretion of the Commission with the advice of the
Advisory Council on Education of Children with Disabilities,
be required to refund all or part of the traineeship or
fellowship moneys received.
(f) This Section is substantially the same as Section
14-10.01 14A-10.01 of the School Code, which Section is
repealed by this amendatory Act of 1993, and shall be
construed as a continuation of the traineeship and fellowship
program established by that prior law, and not as a new or
different traineeship or fellowship program. The State Board
of Education shall transfer to the Commission, as the
successor to the State Board of Education for all purposes of
administering and implementing the provisions of this
Section, all books, accounts, records, papers, documents,
contracts, agreements, and pending business in any way
relating to the traineeship and fellowship program continued
under this Section; and all traineeship and fellowship grants
at any time made under that program by, and all applications
for any such traineeship or fellowship grants at any time
made to, the State Board of Education shall be unaffected by
the transfer to the Commission of all responsibility for the
administration and implementation of the traineeship and
fellowship program continued under this Section. The State
Board of Education shall furnish to the Commission such other
information as the Commission may request to assist it in
administering this Section.
(Source: P.A. 88-228; 89-397, eff. 8-20-95; revised 2-24-98.)
(110 ILCS 947/65.30)
Sec. 65.30. Equal opportunity scholarships.
(a) The Commission may annually award a number of
scholarships to students who are interested in pursuing
studies in educational administration. Such scholarships
shall be issued to students who make application to the
Commission and who agree to take courses at qualified
institutions of higher learning that will allow them to
complete a degree in educational administration.
(b) Scholarships awarded under this Section shall be
issued pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the
Commission under this Section shall be affected thereby, and
all such rules and regulations shall become the rules and
regulations of the Commission until modified or changed by
the Commission in accordance with law.
(c) Such scholarships shall be utilized for the payment
of tuition and non-revenue bond fees at any qualified
institution of higher learning. Such tuition and fees shall
only be available for courses that will enable the student to
complete training in educational administration. The
Commission shall determine which courses are eligible for
tuition payments under this Section.
(d) The Commission may make tuition payments directly to
the qualified institution of higher learning which the
student attends for the courses prescribed or may make
payments to the student. Any student who receives payments
and who fails to enroll in the courses prescribed shall
refund the payments to the Commission.
(e) The Commission, with the cooperation of the State
Board of Education, shall assist students who have
participated in the scholarship program established by this
Section in finding employment in positions relating to
educational administration.
(f) Appropriations for the scholarships outlined in this
Section shall be made to the Commission from funds
appropriated by the General Assembly.
(g) This Section is substantially the same as Section
30-4d of the School Code, which Section is repealed by this
amendatory Act of 1993, and shall be construed as a
continuation of the equal opportunity scholarship program
established under that prior law, and not as a new or
different equal opportunity scholarship program. The State
Board of Education shall transfer to the Commission, as the
successor to the State Board of Education for all purposes of
administering and implementing the provisions of this
Section, all books, accounts, records, papers, documents,
contracts, agreements, and pending business in any way
relating to the equal opportunity scholarship program
continued under this Section; and all scholarships at any
time awarded under that program by, and all applications for
any such scholarship at any time made to, the State Board of
Education shall be unaffected by the transfer to the
Commission of all responsibility for the administration and
implementation of the equal opportunity scholarship program
continued under this Section. The State Board of Education
shall furnish to the Commission such other information as the
Commission may request to assist it in administering this
Section.
(h) For purposes of this Section:
(1) "Qualified institution of higher learning"
means the University of Illinois; Southern Illinois
University; Chicago State University; Eastern Illinois
University; Governors State University; Illinois State
University; Northeastern Illinois University; Northern
Illinois University; Western Illinois University; the
public community colleges of the State; any other public
universities, colleges and community colleges now or
hereafter established or authorized by the General
Assembly; and any Illinois privately operated, not for
profit institution located in this State which provides
at least an organized 2-year program of collegiate grade
in liberal arts or sciences, or both, directly applicable
toward the attainment of a baccalaureate or graduate
degree.
(2) "Racial minority" means a:
(i) Black (a person having origins in any of
the black racial groups in Africa);
(ii) Hispanic (a person of Spanish or
Portuguese culture with origins in Mexico, South or
Central America, or the Caribbean Islands,
regardless of race 1ace);
(iii) 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
(iv) American Indian or Alaskan Native (a
person having origins in any of the original peoples
of North America).
(3) "Student" means a woman or racial minority.
(Source: P.A. 88-228; 89-4, eff. 1-1-96; revised 10-31-98.)
Section 109. The Illinois Banking Act is amended by
changing Sections 30 and 60 as follows:
(205 ILCS 5/30) (from Ch. 17, par. 337)
Sec. 30. Conversion; merger with trust company. Upon
approval by the Commissioner a trust company having power so
to do under the law under which it is organized may convert
into a state bank or may merge into a state bank as
prescribed by this Act; except that the action by a trust
company shall be taken in the manner prescribed by and shall
be subject to limitations and requirements imposed by the law
under which it is organized which law shall also govern the
rights of its dissenting stockholders. The rights of
dissenting stockholders of a state bank shall be governed by
Section 29 of this Act. The conversion or merger procedure
shall be:
(1) In the case of a merger, the board of directors of
both the merging trust company and the merging bank by a
majority of the entire board in each case shall approve a
merger agreement which shall contain:
(a) The name and location of the merging bank and
of the merging trust company and a list of the
stockholders of each as of the date of the merger
agreement;
(b) With respect to the resulting bank (i) its name
and place of business; (ii) the amount of capital,
surplus and reserve for operating expenses; (iii) the
classes and the number of shares of stock and the par
value of each share; (iv) the charter which is to be the
charter of the resulting bank, together with the
amendments to the continuing charter and to the
continuing by-laws; and (v) a detailed financial
statement showing the assets and liabilities after the
proposed merger;
(c) Provisions governing the manner of converting
the shares of the merging bank and of the merging trust
company into shares of the resulting bank;
(d) A statement that the merger agreement is
subject to approval by the Commissioner and by the
stockholders of the merging bank and the merging trust
company, and that whether approved or disapproved, the
parties thereto will pay the Commissioner's expenses of
examination;
(e) Provisions governing the manner of disposing of
the shares of the resulting bank not taken by the
dissenting stockholders of the merging trust company; and
(f) Such other provisions as the Commissioner may
reasonably require to enable him to discharge his duties
with respect to the merger.
(2) After approval by the board of directors of the
merging bank and of the merging trust company, the merger
agreement shall be submitted to the Commissioner for approval
together with the certified copies of the authorizing
resolution of each board of directors showing approval by a
majority of each board.
(3) After receipt by the Commissioner of the papers
specified in subsection (2), he shall approve or disapprove
the merger agreement. The Commissioner shall not approve the
agreement unless he shall be of the opinion and finds:
(a) That the resulting bank meets the requirements
of this Act for the formation of a new bank at the
proposed place of business of the resulting bank;
(b) That the same matters exist in respect of the
resulting bank which would have been required under
Section 10 of this Act for the organization of a new
bank; and
(c) That the merger agreement is fair to all
persons affected. If the Commissioner disapproves the
merger agreement, he shall state his objections in
writing and give an opportunity to the merging bank and
the merging trust company to obviate such objections.
(4) To be effective, if approved by the Commissioner, a
merger of a bank and a trust company where there is to be a
resulting bank must be approved by the affirmative vote of
the holders of at least two-thirds of the outstanding shares
of stock of the merging bank entitled to vote at a meeting
called to consider such action, unless holders of preferred
stock are entitled to vote as a class in respect thereof, in
which event the proposed merger shall be adopted upon
receiving the affirmative vote of the holders of at least
two-thirds of the outstanding shares of each class of shares
entitled to vote as a class in respect thereof and of the
total outstanding shares entitled to vote at such meeting and
must be approved by the stockholders of the merging trust
company as provided by the Act under which it is organized.
The prescribed vote by the merging bank and the merging trust
company shall constitute the adoption of the charter and
by-laws of the continuing bank, including the amendments in
the merger agreement, as the charter and by-laws of the
resulting bank. Written or printed notice of the meeting of
the stockholders of the merging bank shall be given to each
stockholder of record entitled to vote at such meeting at
least thirty days before such meeting and in the manner
provided in this Act for the giving of notice of meetings of
stockholders. The notice shall state that dissenting
stockholders of the merging trust company will be entitled to
payment of the value of those shares which are voted against
approval of the merger, if a proper demand is made on the
resulting bank and the requirements of the Act under which
the merging trust company is organized are satisfied.;
(5) Unless a later date is specified in the merger
agreement, the merger shall become effective upon the filing
with the Commissioner of the executed merger agreement,
together with copies of the resolutions of the stockholders
of the merging bank and the merging trust company approving
it, certified by the president or a vice-president or, the
cashier and also by the secretary or other officer charged
with keeping the records. The charter of the merging trust
company shall thereupon automatically terminate. The
Commissioner shall thereupon issue to the continuing bank a
certificate of merger which shall specify the name of the
merging trust company, the name of the continuing bank and
the amendments to the charter of the continuing bank provided
for by the merger agreement. Such certificate shall be
conclusive evidence of the merger and of the correctness of
all proceedings therefor in all courts and places including
the office of the Secretary of State, and said certificate
shall be recorded.
(6) In the case of a conversion, a trust company shall
apply for a charter by filing with the Commissioner:
(a) A certificate signed by its president, or a
vice-president, and by a majority of the entire board of
directors setting forth the corporate action taken in
compliance with the provisions of the Act under which it
is organized governing the conversion of a trust company
to a bank or governing the merger of a trust company into
another corporation;
(b) The plan of conversion and the proposed
charter approved by the stockholders for the operation of
the trust company as a bank. The plan of conversion shall
contain (i) the name and location proposed for the
converting trust company; (ii) a list of its stockholders
as of the date of the stockholders' approval of the plan
of conversion; (iii) the amount of its capital, surplus
and reserve for operating expenses; (iv) the classes and
the number of shares of stock and the par value of each
share; (v) the charter which is to be the charter of the
resulting bank; and (vi) a detailed financial statement
showing the assets and liabilities of the converting
trust company;
(c) A statement that the plan of conversion is
subject to approval by the Commissioner and that, whether
approved or disapproved, the converting trust company
will pay the Commissioner's expenses of examination; and
(d) Such other instruments as the Commissioner may
reasonably require to enable him to discharge his duties
with respect to the conversion.
(7) After receipt by the Commissioner of the papers
specified in subsection (6), he shall approve or disapprove
the plan of conversion. The Commissioner shall not approve
the plan of conversion unless he shall be of the opinion and
finds:
(a) That the resulting bank meets the requirements
of this Act for the formation of a new bank at the
proposed place of business of the resulting bank;
(b) That the same matters exist in respect of the
resulting bank which would have been required under
Section 10 of this Act for the organization of a new
bank; and
(c) That the plan of conversion is fair to all
persons affected.
If the commissioner disapproves the plan of conversion,
he shall state his objections in writing and give an
opportunity to the converting trust company to obviate such
objections.
(8) Unless a later date is specified in the plan of
conversion, the conversion shall become effective upon the
Commissioner's approval, and the charter proposed in the plan
of conversion shall constitute the charter of the resulting
bank. The Commissioner shall issue a certificate of
conversion which shall specify the name of the converting
trust company, the name of the resulting bank and the charter
provided for by said plan of conversion. Such certificate
shall be conclusive evidence of the conversion and of the
correctness of all proceedings therefor in all courts and
places including the office of the Secretary of State, and
such certificate shall be recorded.
(9) In the case of either a merger or a conversion under
this Section 30, the resulting bank shall be considered the
same business and corporate entity as each merging bank and
merging trust company or as the converting trust company with
all the property, rights, powers, duties and obligations of
each as specified in Section 28 of this Act.
(Source: P.A. 89-541, eff. 7-19-96; revised 10-31-98.)
(205 ILCS 5/60) (from Ch. 17, par. 372)
Sec. 60. Receiver's powers; duties. Other than the
Federal Deposit Insurance Corporation, which shall derive its
powers and perform its duties pursuant to the Federal Deposit
Insurance Act and regulations promulgated thereunder, the
receiver for a state bank, under the direction of the
Commissioner, shall have the power and authority and is
charged with the duties and responsibilities as follows:
(1) He or she shall take possession of, and for the
purpose of the receivership, the title to the books, records
and assets of every description of the bank.
(2) He or she shall proceed to collect all debts, dues
and claims belonging to the bank.
(3) He or she shall file with the Commissioner a copy of
each report which he makes to the court, together with such
other reports and records as the Commissioner may require.
(4) He or she shall have authority to sue and defend in
his or her own name with respect to the affairs, assets,
claims, debts, and choses chooses in action of the bank.
(5) He or she shall have authority, and it shall be his
or her duty, to surrender to the customers of such bank their
private papers and valuables left with the bank banks for
safekeeping, upon satisfactory proof of ownership.
(6) He or she shall have authority to redeem or take
down collateral hypothecated by the bank to secure its notes
or other evidence of indebtedness whenever the Commissioner
deems it to the best interest of the creditors of the bank so
to do.
(7) Whenever he or she shall find it necessary in his or
her opinion to use and employ money of the bank, in order to
protect fully and benefit the bank, by the purchase or
redemption of any property, real or personal, in which the
bank may have any rights by reason of any bond, mortgage,
assignment, or other claim thereto, he or she may certify the
facts together with his or her opinions as to the value of
the property involved, and the value of the equity the bank
may have in the property to the Commissioner, together with a
request for the right and authority to use and employ so much
of the money of the bank as may be necessary to purchase the
property, or to redeem the same from a sale if there was a
sale, and if such request is granted, the receiver may use so
much of the money of the bank as the Commissioner may have
authorized to purchase the property at such sale.
(8) He or she shall deposit daily all monies collected
by him or her in any state or national bank selected by the
Commissioner, who may require (and the bank so selected may
furnish) of such depository satisfactory securities or
satisfactory surety bond for the safekeeping and prompt
payment of the money so deposited. The deposits shall be
made in the name of the Commissioner in trust for the bank
and be subject to withdrawal upon his or her order or upon
the order of such persons as the Commissioner may designate.
Such monies may be deposited without interest, unless
otherwise agreed. However, if any interest was paid by such
depository, it shall accrue to the benefit of the particular
trust to which the deposit belongs.
(9) He or she shall do such things and take such steps
from time to time under the direction and approval of the
Commissioner as may reasonably appear to be necessary to
conserve the bank's assets and secure the best interests of
the creditors of the bank.
(10) He or she shall record any judgment of dissolution
entered in a dissolution proceeding and thereupon deliver to
the Commissioner a certified copy thereof, together with all
books of accounts and ledgers of such bank for preservation.
(Source: P.A. 89-364, eff. 8-18-95; revised 2-24-98.)
Section 110. The Savings Bank Act is amended by changing
Section 1008 as follows:
(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a
body corporate and politic and shall have all of the specific
powers conferred by this Act and in addition thereto, the
following general powers:
(1) To sue and be sued, complain, and defend in its
corporate name and to have a common seal, which it may
alter or renew at pleasure.
(2) To obtain and maintain insurance by a deposit
insurance corporation as defined in this Act.
(3) To act as a fiscal agent for the United States,
the State of Illinois or any department, branch, arm, or
agency of the State or any unit of local government or
school district in the State, when duly designated for
that purpose, and as agent to perform reasonable
functions as may be required of it.
(4) To become a member of or deal with any
corporation or agency of the United States or the State
of Illinois, to the extent that the agency assists in
furthering or facilitating its purposes or powers and to
that end to purchase stock or securities thereof or
deposit money therewith, and to comply with any other
conditions of membership or credit.
(5) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious,
or educational purposes.
(6) To adopt and operate reasonable insurance,
bonus, profit sharing, and retirement plans for officers
and employees and for directors including, but not
limited to, advisory, honorary, and emeritus directors,
who are not officers or employees.
(7) To reject any application for membership; to
retire deposit accounts by enforced retirement as
provided in this Act and the bylaws; and to limit the
issuance of, or payments on, deposit accounts, subject,
however, to contractual obligations.
(8) To purchase stock in service corporations and
to invest in any form of indebtedness of any service
corporation as defined in this Act, subject to
regulations of the Commissioner.
(9) To purchase stock of a corporation whose
principal purpose is to operate a safe deposit company or
escrow service company.
(10) To exercise all the powers necessary to
qualify as a trustee or custodian under federal or State
law, provided that the authority to accept and execute
trusts is subject to the provisions of the Corporate
Fiduciary Act and to the supervision of those activities
by the Commissioner of Banks and Real Estate.
(11) (Blank).
(12) To establish, maintain, and operate terminals
as authorized by the Electronic Fund Transfer Act. The
establishment, maintenance, operation, and location of
those terminals shall be subject to the approval of the
Commissioner.
(13) To pledge its assets:
(A) to enable it to act as agent for the sale
of obligations of the United States;
(B) to secure deposits;
(C) to secure deposits of money whenever
required by the National Bankruptcy Act;
(D) to qualify under Section 2-9 of the
Corporate Fiduciary Act; and
(E) to secure trust funds commingled with the
savings bank's funds, whether deposited by the
savings bank or an affiliate of the savings bank, as
required under Section 2-8 of the Corporate
Fiduciary Act.
(14) To accept for payment at a future date not to
exceed one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or
confirm letters of credit authorizing holders thereof to
draw drafts upon it or its correspondents.
(15) Subject to the regulations of the
Commissioner, to own and lease personal property acquired
by the savings bank at the request of a prospective
lessee and, upon the agreement of that person, to lease
the personal property.
(16) To establish temporary service booths at any
International Fair in this State that is approved by the
United States Department of Commerce for the duration of
the international fair for the purpose of providing a
convenient place for foreign trade customers to exchange
their home countries' currency into United States
currency or the converse. To provide temporary periodic
service to persons residing in a bona fide nursing home,
senior citizens' retirement home, or long-term care
facility. These powers shall not be construed as
establishing a new place or change of location for the
savings bank providing the service booth.
(17) To indemnify its officers, directors,
employees, and agents, as authorized for corporations
under Section 8.75 of the Business Corporations Act of
1983.
(18) To provide data processing services to others
on a for-profit basis.
(19) To utilize any electronic technology to
provide customers with home banking services.
(20) Subject to the regulations of the
Commissioner, to enter into an agreement to act as a
surety.
(21) Subject to the regulations of the
Commissioner, to issue credit cards, extend credit
therewith, and otherwise engage in or participate in
credit card operations.
(22) To purchase for its own account shares of
stock of a bankers' bank, described in Section 13(b)(1)
of the Illinois Banking Act, on the same terms and
conditions as a bank may purchase such shares. In no
event shall the total amount of such stock held by a
savings bank in such bankers' bank exceed 10% of its
capital and surplus (including undivided profits) and in
no event shall a savings bank acquire more than 5% of any
class of voting securities of such bankers' bank.
(23) With respect to affiliate facilities:
(A) to conduct at affiliate facilities any of
the following transactions for and on behalf of any
affiliated depository institution, if so authorized
by the affiliate or affiliates: receiving deposits;
renewing deposits; cashing and issuing checks,
drafts, money orders, travelers checks, or similar
instruments; changing money; receiving payments on
existing indebtedness; and conducting ministerial
functions with respect to loan applications,
servicing loans, and providing loan account
information; and
(B) to authorize an affiliated depository
institution to conduct for and on behalf of it, any
of the transactions listed in this subsection at one
or more affiliate facilities.
A savings bank intending to conduct or to authorize
an affiliated depository institution to conduct at an
affiliate facility any of the transactions specified in
this subsection shall give written notice to the
Commissioner at least 30 days before any such transaction
is conducted at an affiliate facility. All conduct under
this subsection shall be on terms consistent with safe
and sound banking practices and applicable law.
(24) Subject to Article XLIV of the Illinois
Insurance Code, to act as the agent for any fire, life,
or other insurance company authorized by the State of
Illinois, by soliciting and selling insurance and
collecting premiums on policies issued by such company;
and may receive for services so rendered such fees or
commissions as may be agreed upon between the said
savings bank and the insurance company for which it may
act as agent; provided, however, that no such savings
bank shall in any case assume or guarantee the payment of
any premium on insurance policies issued through its
agency by its principal; and provided further, that the
savings bank shall not guarantee the truth of any
statement made by an assured in filing his application
for insurance.
(25) To become a member of the Federal Home Loan
Bank and to have the powers granted to a savings
association organized under the Illinois Savings and Loan
Act of 1985 or the laws of the United States, subject to
regulations of the Commissioner.
(26) To offer any product or service that is at the
time authorized or permitted to a bank by applicable law,
but subject always to the same limitations and
restrictions that are applicable to the bank for the
product or service by such applicable law and subject to
the applicable provisions of the Financial Institutions
Insurance Sales Law and rules of the Commissioner.
(b) If this Act or the regulations adopted under this
Act fail to provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act of
1983 may be used.
(Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96;
89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff.
7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301,
eff. 8-1-97; 90-655, eff. 7-30-98; 90-665, eff. 7-30-98;
revised 10-31-98.)
Section 111. The Illinois Credit Union Act is amended by
changing Section 8 as follows:
(205 ILCS 305/8) (from Ch. 17, par. 4409)
Sec. 8. Director's powers and duties. Credit unions are
regulated by the Department. The Director, in executing the
powers and discharging the duties vested by law in the
Department has the following powers and duties:
(1) To exercise the rights, powers and duties set forth
in this Act or any related Act.;
(2) To prescribe rules and regulations for the
administration of this Act. 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 Act, and shall apply to all
administrative rules and procedures of the Department under
this Act.;
(3) To direct and supervise all the administrative and
technical activities of the Department including the
employment of a Credit Union Supervisor who shall have
knowledge in the theory and practice of, or experience in,
the operations or supervision of financial institutions,
preferably credit unions, and such other persons as are
necessary to carry out his functions.;
(4) To issue cease and desist orders when in the opinion
of the Director, a credit union is engaged or has engaged, or
the Director has reasonable cause to believe the credit union
is about to engage, in an unsafe or unsound practice, or is
violating or has violated or the Director has reasonable
cause to believe is about to violate a law, rule or
regulation or any condition imposed in writing by the
Department.;
(5) To suspend from office and to prohibit from further
participation in any manner in the conduct of the affairs of
his credit union any director, officer or committee member
who has committed any violation of a law, rule, regulation or
of a cease and desist order or who has engaged or
participated in any unsafe or unsound practice in connection
with the credit union or who has committed or engaged in any
act, omission, or practice which constitutes a breach of his
fiduciary duty as such director, officer or committee member,
when the Director has determined that such action or actions
have resulted or will result in substantial financial loss or
other damage that seriously prejudices the interests of the
members.;
(6) Except for the fees established in this Act, to
prescribe, by rule and regulation, fees for filing reports
and other documents, furnishing transcripts, holding hearings
and investigating applications for permission to organize.;
(7) To destroy, in his discretion, any or all books and
records of any credit union in his possession or under his
control after the expiration of three years from the date of
cancellation of the charter of such credit unions.;
(8) To make investigations and to conduct research and
studies and to publish some of the problems of persons in
obtaining credit at reasonable rates of interest and of the
methods and benefits of cooperative saving and lending for
such persons.;
(9) To authorize, foster or establish experimental,
developmental, demonstration or pilot projects by public or
private organizations including credit unions which:
(a) promote more effective operation of credit
unions so as to provide members an opportunity to use and
control their own money to improve their economic and
social conditions; or
(b) are in the best interests of credit unions,
their members and the people of the State of Illinois.
(10) To cooperate in studies, training or other
administrative activities with, but not limited to, the NCUA,
other state credit union regulatory agencies and industry
trade associations in order to promote more effective and
efficient supervision of Illinois chartered credit unions.
(Source: P.A. 88-570, eff. 8-5-94; revised 10-31-98.)
Section 112. The Alternative Health Care Delivery Act is
amended by changing Section 35 as follows:
(210 ILCS 3/35)
Sec. 35. Alternative health care models authorized.
Notwithstanding any other law to the contrary, alternative
health care models described in this Section may be
established on a demonstration basis.
(1) Alternative health care model; subacute care
hospital. A subacute care hospital is a designated site
which provides medical specialty care for patients who
need a greater intensity or complexity of care than
generally provided in a skilled nursing facility but who
no longer require acute hospital care. The average length
of stay for patients treated in subacute care hospitals
shall not be less than 20 days, and for individual
patients, the expected length of stay at the time of
admission shall not be less than 10 days. Variations
from minimum lengths of stay shall be reported to the
Department. There shall be no more than 13 subacute care
hospitals authorized to operate by the Department.
Subacute care includes physician supervision, registered
nursing, and physiological monitoring on a continual
basis. A subacute care hospital is either a freestanding
building or a distinct physical and operational entity
within a hospital or nursing home building. A subacute
care hospital shall only consist of beds currently
existing in licensed hospitals or skilled nursing
facilities, except, in the City of Chicago, on a
designated site that was licensed as a hospital under the
Illinois Hospital Licensing Act within the 10 years
immediately before the application for an alternative
health care model license. During the period of operation
of the demonstration project, the existing licensed beds
shall remain licensed as hospital or skilled nursing
facility beds as well as being licensed under this Act.
In order to handle cases of complications, emergencies,
or exigent circumstances, a subacute care hospital shall
maintain a contractual relationship, including a transfer
agreement, with a general acute care hospital. If a
subacute care model is located in a general acute care
hospital, it shall utilize all or a portion of the bed
capacity of that existing hospital. In no event shall a
subacute care hospital use the word "hospital" in its
advertising or marketing activities or represent or hold
itself out to the public as a general acute care
hospital.
(2) Alternative health care delivery model;
postsurgical recovery care center. A postsurgical
recovery care center is a designated site which provides
postsurgical recovery care for generally healthy patients
undergoing surgical procedures that require overnight
nursing care, pain control, or observation that would
otherwise be provided in an inpatient setting. A
postsurgical recovery care center is either freestanding
or a defined unit of an ambulatory surgical treatment
center or hospital. No facility, or portion of a
facility, may participate in a demonstration program as a
postsurgical recovery care center unless the facility has
been licensed as an ambulatory surgical treatment center
or hospital for at least 2 years before August 20, 1993
(the effective date of Public Act 88-441). The maximum
length of stay for patients in a postsurgical recovery
care center is not to exceed 48 hours unless the treating
physician requests an extension of time from the recovery
center's medical director on the basis of medical or
clinical documentation that an additional care period is
required for the recovery of a patient and the medical
director approves the extension of time. In no case,
however, shall a patient's length of stay in a
postsurgical recovery care center be longer than 72
hours. If a patient requires an additional care period
after the expiration of the 72-hour limit, the patient
shall be transferred to an appropriate facility. Reports
on variances from the 48-hour limit shall be sent to the
Department for its evaluation. The reports shall, before
submission to the Department, have removed from them all
patient and physician identifiers. In order to handle
cases of complications, emergencies, or exigent
circumstances, every postsurgical recovery care center as
defined in this paragraph shall maintain a contractual
relationship, including a transfer agreement, with a
general acute care hospital. A postsurgical recovery
care center shall be no larger than 20 beds. A
postsurgical recovery care center shall be located within
15 minutes travel time from the general acute care
hospital with which the center maintains a contractual
relationship, including a transfer agreement, as required
under this paragraph.
No postsurgical recovery care center shall
discriminate against any patient requiring treatment
because of the source of payment for services, including
Medicare and Medicaid recipients.
The Department shall adopt rules to implement the
provisions of Public Act 88-441 concerning postsurgical
recovery care centers within 9 months after August 20,
1993.
(3) Alternative health care delivery model;
children's respite care center. A children's childrens'
respite care center model is a designated site that
provides respite for medically frail, technologically
dependent, clinically stable children, up to age 18, for
a period of one to 14 days. This care is to be provided
in a home-like environment that serves no more than 10
children at a time. Children's respite care center
services must be available through the model to all
families, including those whose care is paid for through
the Illinois Department of Public Aid or the Illinois
Department of Children and Family Services. Each respite
care model location shall be a facility physically
separate and apart from any other facility licensed by
the Department of Public Health under this or any other
Act and shall provide, at a minimum, the following
services: out-of-home respite care; hospital to home
training for families and caregivers; short term
transitional care to facilitate placement and training
for foster care parents; parent and family support
groups.
Coverage for the services provided by the Illinois
Department of Public Aid under this paragraph (3) is
contingent upon federal waiver approval and is provided only
to Medicaid eligible clients participating in the home and
community based services waiver designated in Section 1915(c)
of the Social Security Act for medically frail and
technologically dependent children.
(Source: P.A. 88-441; 88-490; 88-670, eff. 12-2-94; 89-393,
eff. 8-20-95; revised 10-31-98.)
Section 113. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i)
a licensed physician, (ii) a licensed dentist, (iii) a
licensed podiatrist, (iv) a therapeutic optometrist for
diagnostic or therapeutic purposes related to the use of
diagnostic topical or therapeutic ocular pharmaceutical
agents, as defined in subsections (c) and (d) of Section 15.1
of the Illinois Optometric Practice Act of 1987, (v) a
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, (v-A) an advanced practice nurse in accordance with
the written collaborative agreement required under Section
15-15 of the Nursing and Advanced Practice Nursing Act, or
(vi) an authorized law enforcement agency or, in the case of
blood alcohol, at the request of the individual for whom the
test is to be performed in compliance with Sections 11-501
and 11-501.1 of the Illinois Vehicle Code. If the request
to a laboratory is oral, the physician or other authorized
person shall submit a written request to the laboratory
within 48 hours. If the laboratory does not receive the
written request within that period, it shall note that fact
in its records. For purposes of this Section, a request made
by electronic mail or fax constitutes a written request.
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff.
8-13-98; revised 9-21-98.)
Section 114. The Nursing Home Care Act is amended by
changing Sections 3-113 and 3-401 as follows:
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)
Sec. 3-113. The license granted to the transferee shall
be subject to the plan of correction submitted by the
previous owner and approved by the Department and any
conditions contained in a conditional license issued to the
previous owner. If there are outstanding violations and no
approved plan of correction has been implemented, the
Department may issue a conditional license and plan of
correction as provided in Sections Section 3-311 through
3-317.
(Source: P.A. 81-223; revised 2-24-98.)
(210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
Sec. 3-401. A facility may involuntarily transfer or
discharge a resident only for one or more of the following
reasons:
(a) for medical reasons;
(b) for the resident's physical safety;
(c) for the physical safety of other residents, the
facility staff or facility visitors; or
(d) for either late payment or nonpayment for the
resident's stay, except as prohibited by Titles Title
XVIII and XIX of the federal Social Security Act. For
purposes of this Section, "late payment" means
non-receipt of payment after submission of a bill. If
payment is not received within 45 days after submission
of a bill, a facility may send a notice to the resident
and responsible party requesting payment within 30 days.
If payment is not received within such 30 days, the
facility may thereupon institute transfer or discharge
proceedings by sending a notice of transfer or discharge
to the resident and responsible party by registered or
certified mail. The notice shall state, in addition to
the requirements of Section 3-403 of this Act, that the
responsible party has the right to pay the amount of the
bill in full up to the date the transfer or discharge is
to be made and then the resident shall have the right to
remain in the facility. Such payment shall terminate the
transfer or discharge proceedings. This subsection does
not apply to those residents whose care is provided for
under the Illinois Public Aid Code. The Department shall
adopt rules setting forth the criteria and procedures to
be applied in cases of involuntary transfer or discharge
permitted under this Section.
(Source: P.A. 85-1378; revised 2-24-98.)
Section 115. The Emergency Medical Services (EMS)
Systems Act is amended by changing Sections 3.20 and 3.245 as
follows:
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a
System program plan submitted to and approved by the
Department, and pursuant to the EMS Region Plan adopted for
the EMS Region in which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals
which are located within the geographic boundaries of a
System and which have standby, basic or comprehensive level
emergency departments must function in that EMS System as
either an Associate Hospital or Participating Hospital and
follow all System policies specified in the System Program
Plan, including but not limited to the replacement of drugs
and equipment used by providers who have delivered patients
to their emergency departments. All hospitals and vehicle
service providers participating in an EMS System must specify
their level of participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems
which meet minimum standards and criteria established in
rules adopted by the Department pursuant to this Act,
including the submission of a Program Plan for Department
approval. Beginning September 1, 1997, the Department
shall approve the development of a new EMS System only
when a local or regional need for establishing such
System has been identified. This shall not be construed
as a needs assessment for health planning or other
purposes outside of this Act. Following Department
approval, EMS Systems must be fully operational within
one year from the date of approval.;
(2) Monitor EMS Systems, based on minimum standards
for continuing operation as prescribed in rules adopted
by the Department pursuant to this Act, which shall
include requirements for submitting Program Plan
amendments to the Department for approval.;
(3) Renew EMS System approvals every 4 years, after
an inspection, based on compliance with the standards for
continuing operation prescribed in rules adopted by the
Department pursuant to this Act.;
(4) Suspend, revoke, or refuse to renew approval of
any EMS System, after providing an opportunity for a
hearing, when findings show that it does not meet the
minimum standards for continuing operation as prescribed
by the Department, or is found to be in violation of its
previously approved Program Plan.;
(5) Require each EMS System to adopt written
protocols for the bypassing of or diversion to any
hospital, trauma center or regional trauma center, which
provide that a person shall not be transported to a
facility other than the nearest hospital, regional trauma
center or trauma center unless the medical benefits to
the patient reasonably expected from the provision of
appropriate medical treatment at a more distant facility
outweigh the increased risks to the patient from
transport to the more distant facility, or the transport
is in accordance with the System's protocols for patient
choice or refusal.;
(6) Require that the EMS Medical Director of an ILS
or ALS level EMS System be a physician licensed to
practice medicine in all of its branches in Illinois, and
certified by the American Board of Emergency Medicine or
the American Board of Osteopathic Emergency Medicine, and
that the EMS Medical Director of a BLS level EMS System
be a physician licensed to practice medicine in all of
its branches in Illinois, with regular and frequent
involvement in pre-hospital emergency medical services.
In addition, all EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the
position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of
EMS personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of
the levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services,
with a one-year phase-in for commencing collection of
such data elements.;
(8) Define, through rules adopted pursuant to this
Act, the terms "Resource Hospital", "Associate Hospital",
"Participating Hospital", "Basic Emergency Department",
"Standby Emergency Department", "Comprehensive Emergency
Department", "EMS Medical Director", "EMS Administrative
Director", and "EMS System Coordinator".
(A) Upon the effective date of this amendatory
Act of 1995, all existing Project Medical Directors
shall be considered EMS Medical Directors, and all
persons serving in such capacities on the effective
date of this amendatory Act of 1995 shall be exempt
from the requirements of paragraph (7) of this
subsection;
(B) Upon the effective date of this amendatory
Act of 1995, all existing EMS System Project
Directors shall be considered EMS Administrative
Directors.
(9) Investigate the circumstances that caused a
hospital in an EMS system to go on bypass status to
determine whether that hospital's decision to go on
bypass status was reasonable. The Department may impose
sanctions, as set forth in Section 3.140 of the Act, upon
a Department determination that the hospital unreasonably
went on bypass status in violation of the Act.
(Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97;
revised 10-31-98.)
(210 ILCS 50/3.245)
Sec. 3.245. Adoption of Rules by the Department. The
Department shall adopt rules to implement the provisions of
this Act, in accordance with the Illinois Administrative
Procedure Act.
With the exception of emergency rules adopted pursuant to
Section 5.02 of the Illinois Administrative Procedure Act or
Section 3.190 of this Act, the Department shall submit all
proposed rules to the State Emergency Medical Services
Council or State Trauma Advisory Council for a 90-day review
and comment period prior to adoption, as specified in this
Act.
(Source: P.A. 89-177, eff. 7-19-95; revised 10-31-98.)
Section 116. The Mobile Home Park Act is amended by
changing Section 9 as follows:
(210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
Sec. 9. Each mobile home park licensed or to be
constructed under the provisions of this Act shall be
operated and maintained in accordance with the requirements
of Sections Section 9.1 to 9.15, inclusive, of this Act.
(Source: P.A. 77-1472; revised 10-31-98.)
Section 117. The Illinois Insurance Code is amended by
changing Sections 56, 123C-2, 126.30, 141.1, 143.21a, 143.31,
209, 223, 267, 333, 338, 343, 357.2, 357.18, 357.19, 357.20,
408, 415, 531.03, 803.1, 807.1, 810.1, 1202, and 1204 as
follows:
(215 ILCS 5/56) (from Ch. 73, par. 668)
Sec. 56. Accumulation of guaranty fund or guaranty
capital. Any company subject to the provisions of this
article, may provide for a surplus either by accumulating a
guaranty fund or a guaranty capital as follows:
(a) Guaranty Fund. It may accumulate a guaranty fund by
borrowing money at an interest rate either (1) at a fixed
rate not exceeding the corporate base rate as reported by the
largest bank (measured by assets) with its head office
located in Chicago, Illinois, in effect on the first business
day of the month in which the loan document is executed, plus
3% per annum or (2) at a variable rate equal to the corporate
base rate determined on the first business day of each month
during the term of the loan plus 2% per annum. In no event
shall the variable interest rate for any month exceed the
initial rate for the loan or advance by more than 10% per
annum. The insurer shall elect at the time of execution of
the loan or advance agreement whether the interest rate is to
be fixed or floating for the term of the agreement. An
agreement issued after the insurer has received its
Certificate of Authority shall first be approved by
resolution of the Board of Directors and the Director. The
agreement shall provide that such loan and the interest
thereon shall be repaid only out of the surplus of such
company in excess of the greater of the original or minimum
surplus required of such company by Section 43. Such excess
of surplus shall be calculated upon the fair market value of
the assets of the company, and such guaranty loan fund shall
constitute and be enforceable enforcible as a liability of
the company only as against such excess of surplus. Any
unpaid balance of such guaranty fund loan shall be reported
in the annual statement to be filed with the Director.
Repayment of principal or payment of interest may be made
only with the approval of the Director when he or she is
satisfied that the financial condition of the company
warrants that action, but approval may not be withheld if the
company shall have and submit satisfactory evidence of
surplus of not less than the amount stipulated in the
repayment of principal or interest payment clause of the
agreement.
(b) Guaranty Capital. It may in addition to any
advances provided for herein, establish and maintain a
guaranty capital divided into shares having a par value of
not more than $100 nor less than $5 each. The guaranty
capital shall be applied to the payment of losses only when
the company has exhausted its assets in excess of unearned
premium reserve and other liabilities; and when thus impaired
the directors may make good the whole or any part of it by
assessment on its policyholders as provided for in Section
60. Said guaranty capital may, by vote of the board of
directors of the company and the written consent of the
Director be reduced or retired by any amount, provided that
the net surplus of the company together with the remaining
guaranty capital shall equal or exceed the amount of surplus
required by Section 43, and due notice of such proposed
action on the part of the company shall be published in a
newspaper of general circulation, approved by the Director,
not less than once each week for at least 4 consecutive weeks
before such action is taken. No company with a guaranty
capital, which has ceased to do business, shall divide any
part of its assets or guaranty capital among its shareholders
unless it has paid or it has otherwise been released from its
policy obligations. The holders of the shares of such
guaranty capital shall be entitled to interest either (1) at
a fixed rate not exceeding the corporate base rate as
reported by the largest bank (measured by assets) with its
head office located in Chicago, Illinois, in effect on the
first business day of the month in which the loan document is
executed, plus 3% per annum or (2) at a variable rate equal
to the corporate base rate determined on the first business
day of each month during the term of the loan plus 2% per
annum. In no event shall the variable interest rate for any
month exceed the initial rate for the loan or advance by more
than 10% per annum. The insurer shall elect at the time of
issuance of the shares whether the interest rate is to be
fixed or floating for the term of the agreement. Such
interest shall be payable from the surplus in excess of the
surplus required of the company by Section 43. In the event
of dissolution and liquidation of such a company after the
retirement of all outstanding obligations of the company, the
holders of such shares of guaranty capital shall be entitled
to a preferential right in the assets of such company equal
to the par value of their share of such guaranty capital
before any distribution to members.
(Source: P.A. 90-381, eff. 8-14-97; revised 2-24-98.)
(215 ILCS 5/123C-2) (from Ch. 73, par. 735C-2)
Sec. 123C-2. Authority of captives; restrictions.
A. Any captive insurance company, when permitted by its
articles of association or charter, may apply to the Director
for a certificate of authority to transact any and all
insurance in classes 2 and 3 of Section 4 of this Code,
except that:
(1) no pure captive insurance company may insure
any risks other than those of its parent and affiliated
companies;
(2) no association captive insurance company may
insure any risks other than those of the member
organizations of its association, and their affiliated
companies;
(3) no industrial insured captive insurance company
may insure any risks other than those of the members of
the industrial insured group, and their affiliated
companies; and
(4) no captive insurance company may provide:
(i) personal motor vehicle coverage or
homeowner's insurance coverage or any component
thereof, or
(ii) personal coverage for personal risk
liability, or
(iii) coverage for an employer's liability to
its employees other than legal liability under the
federal Employers' Employee's Liability Act (45.
U.S.C. 51 et seq.), provided, however, this
exclusion does not preclude reinsurance of such
employer's liability, or
(iv) accident and health insurance as provided
in clause (a) of Class 2 of Section 4, provided,
however, this exclusion does not preclude stop-loss
insurance or reinsurance of a single employer
self-funded employee disability benefit plan or an
employee welfare plan as described in 29 U.S.C. 1001
et seq.
B. No captive insurance company shall do any insurance
business in this State unless:
(1) it first obtains from the Director a
certificate of authority authorizing it to do such
insurance business in this State; and
(2) it appoints a resident registered agent to
accept service of process and to otherwise act on its
behalf in this State.
C. No captive insurance company shall adopt a name that
is the same as, deceptively similar to, or likely to be
confused with or mistaken for, any other existing business
name registered in this State.
D. Each captive insurance company, or the organizations
providing the principal administrative or management services
to such captive insurance company, shall maintain a place of
business in this State.
(Source: P.A. 88-364; revised 10-28-98.)
(215 ILCS 5/126.30)
Sec. 126.30. Foreign investments and foreign currency
exposure.
A. Subject to the limitations of Section 126.23, an
insurer may acquire directly or indirectly through an
investment subsidiary, foreign investments, or engage in
investment practices with persons of or in foreign
jurisdictions, of substantially the same types as those that
an insurer is permitted to acquire under this Article, other
than of the type permitted under Section 126.25, if, as a
result and after giving effect to the investment:
(1) the aggregate amount of foreign investments
then held by the insurer under this subsection does not
exceed 20% of its admitted assets; and
(2) the aggregate amount of foreign investments
then held by the insurer under this subsection in a
single foreign jurisdiction does not exceed 10% of its
admitted assets as to a foreign jurisdiction that has a
sovereign debt rating of SVO 1 or 5% of its admitted
assets as to any other foreign jurisdiction.
B. Subject to the limitations of Section 126.23, an
insurer may acquire investments, or engage in investment
practices denominated in foreign currencies, whether or not
they are foreign investments acquired under subsection A of
this Section, or additional foreign currency exposure as a
result of the termination or expiration of a hedging
transaction with respect to investments denominated in a
foreign currency, if, as a result of and after giving effect
to the transaction:
(1) the aggregate amount of investments then held
by the insurer under this subsection denominated in
foreign currencies does not exceed 15% of its admitted
assets; and
(2) the aggregate amount of investments then held
by the insurer under this subsection denominated in the
foreign currency of a single foreign jurisdiction does
not exceed 10% of its admitted assets as to a foreign
jurisdiction that has a sovereign debt rating of SVO 1 or
5% of its admitted assets as to any other foreign
jurisdiction.
(3) However, an investment shall not be considered
denominated in a foreign currency if the acquiring insurer
enters into one or more contracts in transactions permitted
under Section 126.31 in which the business entity
counterparty agrees to exchange, or grants to the insurer the
option to exchange, all payments made on the foreign currency
denominated investment (or amounts equivalent to the payments
that are or will be due to the insurer in accordance with the
terms of such investment) for United States currency during
the period the contract or contracts are in effect to
insulate the insurer against loss caused by diminution of the
value of payments owed to the insurer due to future changes
in currency exchange rates.
C. In addition to investments permitted under
subsections A and B of this Section, an insurer that is
authorized to do business in a foreign jurisdiction, and that
has outstanding insurance, annuity or reinsurance contracts
on lives or risks resident or located in that foreign
jurisdiction and denominated in foreign currency of that
jurisdiction, may acquire foreign investments respecting that
foreign jurisdiction, and may acquire investments denominated
in the currency of that jurisdiction, subject to the
limitations of Section 126.23. However, investments made
under this subsection in obligations of foreign governments,
their political subdivisions and government sponsored
enterprises shall not be subject to the limitations of
Section 126.23 if those investments carry an SVO rating of 1
or 2. The aggregate amount of investments acquired by the
insurer under this subsection shall not exceed the greater
of:
(1) the amount the insurer is required by law to
invest in the foreign jurisdiction; or
(2) 125% of the amount of its reserves, net of
reinsurance, and other obligations under the contracts.
D. In addition to investments permitted under
subsections A and B of this Section, an insurer that is not
authorized to do business in a foreign jurisdiction but which
has outstanding insurance, annuity or reinsurance contracts
on lives or risks resident or located in a foreign
jurisdiction and denominated in foreign currency of that
jurisdiction, may acquire foreign investments respecting that
foreign jurisdiction, and may acquire investments denominated
in the currency of that jurisdiction subject to the
limitations set forth of Section 126.24. However, investments
made under this subsection in obligations of foreign
governments, their political subdivisions and government
sponsored enterprises shall not be subject to the limitations
of Section 126.23 if those investments carry an SVO rating of
1 or 2. The aggregate amount of investments acquired by the
insurer under this subsection shall not exceed 105% of the
amount of its reserves, net of reinsurance, and other
obligations under the contracts on risks resident or located
in the foreign jurisdiction.
E. Investments acquired under this Section shall be
aggregated with investments of the same types made under all
other Sections of this Article, and in a similar manner, for
purposes of determining compliance with the limitations, if
any, contained in the other Sections. Investments in
obligations of foreign governments, their political
subdivisions and government sponsored enterprises of these
persons, except for those exempted under subsections C and D
of this Section, shall be subject to the limitations of
Section 126.23.
(Source: P.A. 90-418, eff. 8-15-97; revised 10-31-98.)
(215 ILCS 5/141.1) (from Ch. 73, par. 753.1)
Sec. 141.1. Management contracts and service agreements.
All agreements or contracts under which any person,
organization or corporation is delegated management duties or
control of any domestic company, or which transfer a
substantial part of any major function of a domestic company
such as adjustment of losses, production of business,
investment of assets or general servicing of the company's
business must be filed with the Department on or before the
effective date of such contract or agreement. The Director
may upon notice review these arrangements entered by foreign
companies.
There shall be exempted from the filing requirement of
this Section contracts by groups of affiliated companies on a
"pooled" funds basis or service company management basis,
where costs to the individual member companies are charged on
an actually incurred or closely estimated basis. However,
these contracts must be reduced to written form.
Sections 141.1, 141.2, and 141.3 shall not apply to any
power of attorney or other authority authorized by Section 67
of this Code.
(Source: P.A. 88-364; revised 2-26-98.)
(215 ILCS 5/143.21a) (from Ch. 73, par. 755.21a)
Sec. 143.21a. Nonrenewal of Fire and Extended Coverage
Policy - Grounds. A policy of fire and extended coverage
insurance, as defined in subsection (b) of Section 143.13,
may not be nonrenewed for any of the following reasons
reasonings:
(a) age of property,
(b) location of property,
(c) age, sex, race, color, ancestry, or marital
status, or occupation of occupants.
(Source: P.A. 82-625; revised 2-27-98.)
(215 ILCS 5/143.31)
Sec. 143.31. Uniform medical claim and billing forms.
(a) The Director shall prescribe by rule, after
consultation with providers of health care or treatment,
insurers, hospital, medical, and dental service corporations,
and other prepayment organizations, insurance claim and
billing forms that the Director determines will provide for
uniformity and simplicity in insurance claims handling. The
claim forms shall include, but need not be limited to,
information regarding the medical diagnosis, treatment, and
prognosis of the patient, together with the details of
charges incident to the providing of care, treatment, or
services, sufficient for the purpose of meeting the proof
requirements of an insurance policy or a hospital, medical,
or dental service contract.
(b) An insurer or a provider of health care treatment
may not refuse to accept a claim or bill submitted on duly
promulgated uniform claim and billing forms. An insurer,
however, may accept claims and bills submitted on any other
form.
(c) Accident and health insurer explanation of benefits
paid statements or claims summary statements sent to an
insured by the accident and health insurer shall be in a
format and written in a manner that promotes understanding by
the insured by setting forth all of the following:
(1) The total dollar amount submitted to the
insurer for payment.
(2) Any reduction in the amount paid due to the
application of any co-payment or deductible, along with
an explanation of the amount of the co-payment or
deductible applied under the insured's policy.
(3) Any reduction in the amount paid due to the
application of any other policy limitation or exclusion
set forth in the insured's policy, along with an
explanation thereof.
(4) The total dollar amount paid.
(5) The total dollar amount remaining unpaid.
(d) The Director may issue an order directing an
accident and health insurer to comply with subsection (c).
(e) An accident and health insurer does not violate
subsection (c) by using a document that the accident and
health insurer is required to use by the federal government
or the State.
(f) The adoption of uniform claim forms and uniform
billing forms by the Director under this Section does not
preclude an insurer, hospital, medical, or dental service
corporation, or other prepayment organization from obtaining
any necessary additional information regarding a claim from
the claimant, provider of health care or treatment, or
certifier of coverage, as may be required.
(g) On and after January 1, 1996 when billing insurers
or otherwise filing insurance claims with insurers subject to
this Section, providers of health care or treatment, medical
services, dental services, pharmaceutical services, or
medical equipment must use the uniform claim and billing
forms adopted by the Director under this Section.
(Source: P.A. 88-84; 88-662, eff. 9-16-94; revised 10-31-98.)
(215 ILCS 5/209) (from Ch. 73, par. 821)
Sec. 209. Proof and allowance of claims.
(1) A proof of claim shall consist of a written
statement signed under oath setting forth the claim, the
consideration for it, whether the claim is secured and, if
so, how, what payments have been made on the claim, if any,
and that the sum claimed is justly owing from the company.
Whenever a claim is based upon a document, the document,
unless lost or destroyed, shall be filed with the proof of
claim. If the document is lost or destroyed, a statement of
that fact and of the circumstances of the loss or destruction
shall be included in the proof of claim. A claim may be
allowed even if contingent or unliquidated as of the date
fixed by the court pursuant to subsection (a) of Section 194
if it is filed in accordance with this subsection. Except as
otherwise provided in subsection (7), a proof of claim
required under this Section must identify a particular claim.
(2) At any time, the Director may require the claimant
to present information or evidence supplementary to that
required under subsection (l) and may take testimony under
oath, require production of affidavits or depositions, or
otherwise obtain additional information or evidence.
(3) Upon the liquidation, rehabilitation, or
conservation of any company which has issued policies
insuring the lives of persons, the Director shall, within a
reasonable time, after the last day set for the filing of
claims, make a list of the persons who have not filed proofs
of claim with him and whose rights have not been reinsured,
to whom it appears from the books of the company, there are
owing amounts on such policies and he shall set opposite the
name of each person such amount so owing to such person. The
Director shall incur no personal liability by reason of any
mistake in such list. Each person whose name shall appear
upon said list shall be deemed to have duly filed prior to
the last day set for filing of claims a proof of claim for
the amount set opposite his name on said list.
(4)(a) When a Liquidation, Rehabilitation, or
Conservation Order has been entered in a proceeding against
an insurer under this Code, any insured under an insurance
policy shall have the right to file a contingent claim. The
Court at the time of the entry of the Order of Liquidation,
Rehabilitation or Conservation shall fix the final date for
the liquidation of insureds' contingent claims, but in no
event shall said date be more than 3 years after the last day
fixed for the filing of claims, provided, such date may be
extended by the Court on petition of the Director should the
Director determine that such extension will not delay
distribution of assets under Section 210. Such a contingent
claim shall be allowed if such claim is liquidated and the
insured claimant presents evidence of payment of such claim
to the Director on or before the last day fixed by the Court.
(b) When an insured has been unable to liquidate its
claim under paragraph (a) of this subsection (4), the insured
may have its claim allowed by estimation if (i) it may be
reasonably inferred from the proof presented upon the claim
that a claim exists under the policy; (ii) the insured has
furnished suitable proof, unless the court for good cause
shown shall otherwise direct, that no further valid claims
against the insurer arising out of the cause of action other
than those already presented can be made, and (iii) the total
liability of the insurer to all claimants arising out of the
same act shall be no greater than its total liability would
be were it not in liquidation, rehabilitation, or
conservation.
(5) The obligation of the insurer, if any, to defend or
continue the defense of any claim or suit under a liability
insurance policy shall terminate on the entry of the Order of
Liquidation, Rehabilitation or Conservation, except during
the appeal of an Order of Liquidation as provided by Section
190.1 or, unless upon the petition of the Director, the court
directs otherwise. Insureds may include in contingent claims
reasonable attorneys fees for services rendered subsequent to
the date of Liquidation, Rehabilitation or Conservation in
defense of claims or suits covered by the insured's policy
provided such attorneys fees have actually been paid by the
assured and evidence of payment presented in the manner
required for insured's contingent claims.
(6) When a liquidation, rehabilitation, or conservation
order has been entered in a proceeding against an insurer
under this Code, any person who has a cause of action against
an insured of the insurer under an insurance policy issued by
the insurer shall have the right to file a claim in the
proceeding, regardless of the fact that the claim may be
contingent, and the claim may be allowed (a) if it may be
reasonably, inferred from proof presented upon the claim that
the claimant would be able to obtain a judgment upon the
cause of action against the insured; and (b) if the person
has furnished suitable proof, unless the court for good cause
shown shall otherwise direct, that no further valid claims
against the insurer arising out of the cause of action other
than those already presented can be made, and (c) the total
liability of the insurer to all claimants arising out of the
same act shall be no greater than its total liability would
be were it not in liquidation, rehabilitation, or
conservation.
(7) Contingent or unliquidated general creditors' and
ceding insurers' claims that are not made absolute and
liquidated by the last day fixed by the court pursuant to
subsection (4) shall be determined and allowed by estimation.
Any such estimate shall be based upon an actuarial evaluation
made with reasonable actuarial certainty or upon another
accepted method of valuing claims with reasonable certainty
and, with respect to ceding insurers' claims, may include an
estimate of incurred but not reported losses.
(8) No judgment against such an insured or an insurer
taken after the date of the entry of the liquidation,
rehabilitation, or conservation order shall be considered in
the proceedings as evidence of liability, or of the amount of
damages, and no judgment against an insured or an insurer
taken by default, or by collusion prior to the entry of the
liquidation order shall be considered as conclusive evidence
in the proceeding either of the liability of such insured to
such person upon such cause of action or of the amount of
damages to which such person is therein entitled.
(9) The value of securities held by secured creditors
shall be determined by converting the same into money
according to the terms of the agreement pursuant to which
such securities were delivered to such creditors, or by such
creditors and the Director by agreement, or by the court, and
the amount of such value shall be credited upon the claims of
such secured creditors and their claims allowed only for the
balance.
(10) Claims of creditors or policyholders who have
received preferences voidable under Section 204 or to whom
conveyances or transfers, assignments or incumbrances have
been made or given which are void under Section 204, shall
not be allowed unless such creditors or policyholders shall
surrender such preferences, conveyances, transfers,
assignments or incumbrances.
(11)(a) When the Director denies a claim or allows a
claim for less than the amount requested by the claimant,
written notice of the determination and of the right to
object shall be given promptly to the claimant or the
claimant's representative by first class mail at the address
shown on the proof of claim. Within 60 days from the mailing
of the notice, the claimant may file his written objections
with the Director. If no such filing is made on a timely
basis, the claimant may not further object to the
determination.
(b) Whenever objections are filed with the Director and
he does not alter his determination as a result of the
objection and the claimant continues to object, the Director
shall petition the court for a hearing as soon as practicable
and give notice of the hearing by first class mail to the
claimant or his representative and to any other persons known
by the Director to be directly affected, not less than 10
days before the date of the hearing.
(12) The Director shall review all claims duly filed in
the liquidation, rehabilitation, or conservation proceeding,
unless otherwise directed by the court, and shall make such
further investigation as he considers necessary. The
Director may compound, compromise, or in any other manner
negotiate the amount for which claims will be recommended to
the court. Unresolved disputes shall be determined under
subsection (11).
(13)(a) The Director shall present to the court reports
of claims reviewed under subsection (12) with his
recommendations as to each claim.
(b) The court may approve or disapprove any
recommendations contained in the reports of claims filed by
the Director, except that the Director's agreements with
claimants shall be accepted as final by the court on claims
settled for $10,000 or less.
(14) The changes made in this Section by this amendatory
Act of 1993 apply to all liquidation, rehabilitation, or
conservation proceedings that are pending on the effective
date of this amendatory Act of 1993 and to all future
liquidation, rehabilitation, or conservation proceedings,
except that the changes made to the provisions of this
Section by this amendatory Act of 1993 shall not apply to any
company ordered into liquidation on or before January 1,
1982.
(Source: P.A. 88-297; 89-206, eff. 7-21-95; revised
10-31-98.)
(215 ILCS 5/223) (from Ch. 73, par. 835)
Sec. 223. Director to value policies - Legal standard of
valuation.
(1) The Director shall annually value, or cause to be
valued, the reserve liabilities (hereinafter called reserves)
for all outstanding life insurance policies and annuity and
pure endowment contracts of every life insurance company
doing business in this State, except that in the case of an
alien company, such valuation shall be limited to its United
States business, and may certify the amount of any such
reserves, specifying the mortality table or tables, rate or
rates of interest, and methods (net level premium method or
other) used in the calculation of such reserves. In
calculating such reserves, he may use group methods and
approximate averages for fractions of a year or otherwise. In
lieu of the valuation of the reserves herein required of any
foreign or alien company, he may accept any valuation made,
or caused to be made, by the insurance supervisory official
of any state or other jurisdiction when such valuation
complies with the minimum standard herein provided and if the
official of such state or jurisdiction accepts as sufficient
and valid for all legal purposes the certificate of valuation
of the Director when such certificate states the valuation to
have been made in a specified manner according to which the
aggregate reserves would be at least as large as if they had
been computed in the manner prescribed by the law of that
state or jurisdiction.
Any such company which at any time has adopted any
standard of valuation producing greater aggregate reserves
than those calculated according to the minimum standard
herein provided may, with the approval of the Director, adopt
any lower standard of valuation, but not lower than the
minimum herein provided, however, that, for the purposes of
this subsection, the holding of additional reserves
previously determined by a qualified actuary to be necessary
to render the opinion required by subsection (1a) shall not
be deemed to be the adoption of a higher standard of
valuation. In the valuation of policies the Director shall
give no consideration to, nor make any deduction because of,
the existence or the possession by the company of
(a) policy liens created by any agreement given or
assented to by any assured subsequent to July 1, 1937,
for which liens such assured has not received cash or
other consideration equal in value to the amount of such
liens, or
(b) policy liens created by any agreement entered
into in violation of section 232 unless the agreement
imposing or creating such liens has been approved by a
Court in a proceeding under Article XIII, or in the case
of a foreign or alien company has been approved by a
court in a rehabilitation or liquidation proceeding or by
the insurance official of its domiciliary state or
country, in accordance with the laws thereof.
(1a) This subsection shall become operative at the end
of the first full calendar year following the effective date
of this amendatory Act of 1991.
(A) General.
(1) Every life insurance company doing
business in this State shall annually submit the
opinion of a qualified actuary as to whether the
reserves and related actuarial items held in support
of the policies and contracts specified by the
Director by regulation are computed appropriately,
are based on assumptions that satisfy contractual
provisions, are consistent with prior reported
amounts and comply with applicable laws of this
State. The Director by regulation shall define the
specifics of this opinion and add any other items
deemed to be necessary to its scope.
(2) The opinion shall be submitted with the
annual statement reflecting the valuation of reserve
liabilities for each year ending on or after
December 31, 1992.
(3) The opinion shall apply to all business in
force including individual and group health
insurance plans, in form and substance acceptable to
the Director as specified by regulation.
(4) The opinion shall be based on standards
adopted from time to time by the Actuarial Standards
Board and on additional standards as the Director
may by regulation prescribe.
(5) In the case of an opinion required to be
submitted by a foreign or alien company, the
Director may accept the opinion filed by that
company with the insurance supervisory official of
another state if the Director determines that the
opinion reasonably meets the requirements applicable
to a company domiciled in this State.
(6) For the purpose of this Section,
"qualified actuary" means a member in good standing
of the American Academy of Actuaries who meets the
requirements set forth in its regulations.
(7) Except in cases of fraud or willful
misconduct, the qualified actuary shall not be
liable for damages to any person (other than the
insurance company and the Director) for any act,
error, omission, decision or conduct with respect to
the actuary's opinion.
(8) Disciplinary action by the Director
against the company or the qualified actuary shall
be defined in regulations by the Director.
(9) A memorandum, in form and substance
acceptable to the Director as specified by
regulation, shall be prepared to support each
actuarial opinion.
(10) If the insurance company fails to provide
a supporting memorandum at the request of the
Director within a period specified by regulation or
the Director determines that the supporting
memorandum provided by the insurance company fails
to meet the standards prescribed by the regulations
or is otherwise unacceptable to the Director, the
Director may engage a qualified actuary at the
expense of the company to review the opinion and the
basis for the opinion and prepare the supporting
memorandum as is required by the Director.
(11) Any memorandum in support of the opinion,
and any other material provided by the company to
the Director in connection therewith, shall be kept
confidential by the Director and shall not be made
public and shall not be subject to subpoena, other
than for the purpose of defending an action seeking
damages from any person by reason of any action
required by this Section or by regulations
promulgated hereunder; provided, however, that the
memorandum or other material may otherwise be
released by the Director (a) with the written
consent of the company or (b) to the American
Academy of Actuaries upon request stating that the
memorandum or other material is required for the
purpose of professional disciplinary proceedings and
setting forth procedures satisfactory to the
Director for preserving the confidentiality of the
memorandum or other material. Once any portion of
the confidential memorandum is cited by the company
in its marketing or is cited before any governmental
agency other than a state insurance department or is
released by the company to the news media, all
portions of the confidential memorandum shall be no
longer confidential.
(B) Actuarial analysis of reserves and assets
supporting those reserves.
(1) Every life insurance company, except as
exempted by or under regulation, shall also annually
include in the opinion required by paragraph (A)(1)
of this subsection (1a), an opinion of the same
qualified actuary as to whether the reserves and
related actuarial items held in support of the
policies and contracts specified by the Director by
regulation, when considered in light of the assets
held by the company with respect to the reserves and
related actuarial items including, but not limited
to, the investment earnings on the assets and the
considerations anticipated to be received and
retained under the policies and contracts, make
adequate provision for the company's obligations
under the policies and contracts including, but not
limited to, the benefits under and expenses
associated with the policies and contracts.
(2) The Director may provide by regulation for
a transition period for establishing any higher
reserves which the qualified actuary may deem
necessary in order to render the opinion required by
this Section.
(2) This subsection shall apply to only those policies
and contracts issued prior to the operative date of section
229.2 (the Standard Non-forfeiture Law).
(a) Except as otherwise in this Article provided,
the legal minimum standard for valuation of contracts
issued before January 1, 1908, shall be the Actuaries or
Combined Experience Table of Mortality with interest at
4% per annum and for valuation of contracts issued on or
after that date shall be the American Experience Table of
Mortality with either Craig's or Buttolph's Extension for
ages under 10 and with interest at 3 1/2% per annum. The
legal minimum standard for the valuation of group
insurance policies under which premium rates are not
guaranteed for a period in excess of 5 years shall be the
American Men Ultimate Table of Mortality with interest at
3 1/2% per annum. Any life company may, at its option,
value its insurance contracts issued on or after January
1, 1938, in accordance with their terms on the basis of
the American Men Ultimate Table of Mortality with
interest not higher than 3 1/2% per annum.
(b) Policies issued prior to January 1, 1908, may
continue to be valued according to a method producing
reserves not less than those produced by the full
preliminary term method. Policies issued on and after
January 1, 1908, may be valued according to a method
producing reserves not less than those produced by the
modified preliminary term method hereinafter described in
paragraph (c). Policies issued on and after January 1,
1938, may be valued either according to a method
producing reserves not less than those produced by such
modified preliminary term method or by the select and
ultimate method on the basis that the rate of mortality
during the first 5 years after the issuance of such
contracts respectively shall be calculated according to
the following percentages of rates shown by the American
Experience Table of Mortality:
(i) first insurance year 50% thereof;
(ii) second insurance year 65% thereof;
(iii) third insurance year 75% thereof;
(iv) fourth insurance year 85% thereof;
(v) fifth insurance year 95% thereof;
(c) If the premium charged for the first policy
year under a limited payment life preliminary term policy
providing for the payment of all premiums thereon in less
than 20 years from the date of the policy or under an
endowment preliminary term policy, exceeds that charged
for the first policy year under 20 payment life
preliminary term policies of the same company, the
reserve thereon at the end of any year, including the
first, shall not be less than the reserve on a 20 payment
life preliminary term policy issued in the same year at
the same age, together with an amount which shall be
equivalent to the accumulation of a net level premium
sufficient to provide for a pure endowment at the end of
the premium payment period, equal to the difference
between the value at the end of such period of such a 20
payment life preliminary term policy and the full net
level premium reserve at such time of such a limited
payment life or endowment policy. The premium payment
period is the period during which premiums are
concurrently payable under such 20 payment life
preliminary term policy and such limited payment life or
endowment policy.
(d) The legal minimum standard for the valuations
of annuities issued on and after January 1, 1938, shall
be the American Annuitant's Table with interest not
higher than 3 3/4% per annum, and all annuities issued
before that date shall be valued on a basis not lower
than that used for the annual statement of the year 1937;
but annuities deferred 10 or more years and written in
connection with life insurance shall be valued on the
same basis as that used in computing the consideration or
premiums therefor, or upon any higher standard at the
option of the company.
(e) The Director may vary the standards of interest
and mortality as to contracts issued in countries other
than the United States and may vary standards of
mortality in particular cases of invalid lives and other
extra hazards.
(f) The legal minimum standard for valuation of
waiver of premium disability benefits or waiver of
premium and income disability benefits issued on and
after January 1, 1938, shall be the Class (3) Disability
Table (1926) modified to conform to the contractual
waiting period, with interest at not more than 3 1/2% per
annum; but in no event shall the values be less than
those produced by the basis used in computing premiums
for such benefits. The legal minimum standard for the
valuation of such benefits issued prior to January 1,
1938, shall be such as to place an adequate value, as
determined by sound insurance practices, on the
liabilities thereunder and shall be such that the value
of the benefits under each and every policy shall in no
case be less than the value placed upon the future
premiums.
(g) The legal minimum standard for the valuation of
industrial policies issued on or after January 1, 1938,
shall be the American Experience Table of Mortality or
the Standard Industrial Mortality Table or the
Substandard Industrial Mortality Table with interest at 3
1/2% per annum by the net level premium method, or in
accordance with their terms by the modified preliminary
term method hereinabove described.
(h) Reserves for all such policies and contracts
may be calculated, at the option of the company,
according to any standards which produce greater
aggregate reserves for all such policies and contracts
than the minimum reserves required by this subsection.
(3) This subsection shall apply to only those policies
and contracts issued on or after January 1, 1948 or such
earlier operative date of Section 229.2 (the Standard
Non-forfeiture Law) as shall have been elected by the
insurance company issuing such policies or contracts.
(a) Except as otherwise provided in subsections
(4), (6), and (7), the minimum standard for the valuation
of all such policies and contracts shall be the
Commissioners Reserve valuation method defined in
paragraphs (b) and (f) of this subsection and in
subsection 5, 3 1/2% interest for such policies issued
prior to September 8, 1977, 5 1/2% interest for single
premium life insurance policies and 4 1/2% interest for
all other such policies issued on or after September 8,
1977, and the following tables:
(i) The Commissioners 1941 Standard Ordinary
Mortality Table for all Ordinary policies of life
insurance issued on the standard basis, excluding
any disability and accidental death benefits in such
policies, for such policies issued prior to the
operative date of subsection (4a) of Section 229.2
(Standard Non-forfeiture Law); and the Commissioners
1958 Standard Ordinary Mortality Table for such
policies issued on or after such operative date but
prior to the operative date of subsection (4c) of
Section 229.2 provided that for any category of such
policies issued on female risks all modified net
premiums and present values referred to in this Act
may, prior to September 8, 1977, be calculated
according to an age not more than 3 years younger
than the actual age of the insured and, after
September 8, 1977, calculated according to an age
not more than 6 years younger than the actual age of
the insured; and for such policies issued on or
after the operative date of subsection (4c) of
Section 229.2, (i) the Commissioners 1980 Standard
Ordinary Mortality Table, or (ii) at the election of
the company for any one or more specified plans of
life insurance, the Commissioners 1980 Standard
Ordinary Mortality Table with Ten-Year Select
Mortality Factors, or (iii) any ordinary mortality
table adopted after 1980 by the National Association
of Insurance Commissioners and approved by
regulations promulgated by the Director for use in
determining the minimum standard of valuation for
such policies.
(ii) For all Industrial Life Insurance
policies issued on the standard basis, excluding any
disability and accidental death benefits in such
policies--the 1941 Standard Industrial Mortality
Table for such policies issued prior to the
operative date of subsection 4 (b) of Section 229.2
(Standard Non-forfeiture Law); and for such policies
issued on or after such operative date the
Commissioners 1961 Standard Industrial Mortality
Table or any industrial mortality table adopted
after 1980 by the National Association of Insurance
Commissioners and approved by regulations
promulgated by the Director for use in determining
the minimum standard of valuation for such policies.
(iii) For Individual Annuity and Pure
Endowment contracts, excluding any disability and
accidental death benefits in such policies--the 1937
Standard Annuity Mortality Table--or, at the option
of the company, the Annuity Mortality Table for
1949, Ultimate, or any modification of either of
these tables approved by the Director.
(iv) For Group Annuity and Pure Endowment
contracts, excluding any disability and accidental
death benefits in such policies--the Group Annuity
Mortality Table for 1951, any modification of such
table approved by the Director, or, at the option of
the company, any of the tables or modifications of
tables specified for Individual Annuity and Pure
Endowment contracts.
(v) For Total and Permanent Disability
Benefits in or supplementary to Ordinary policies or
contracts for policies or contracts issued on or
after January 1, 1966, the tables of Period 2
disablement rates and the 1930 to 1950 termination
rates of the 1952 Disability Study of the Society of
Actuaries, with due regard to the type of benefit,
or any tables of disablement rates and termination
rates adopted after 1980 by the National Association
of Insurance Commissioners and approved by
regulations promulgated by the Director for use in
determining the minimum standard of valuation for
such policies; for policies or contracts issued on
or after January 1, 1961, and prior to January 1,
1966, either such tables or, at the option of the
company, the Class (3) Disability Table (1926); and
for policies issued prior to January 1, 1961, the
Class (3) Disability Table (1926). Any such table
shall, for active lives, be combined with a
mortality table permitted for calculating the
reserves for life insurance policies.
(vi) For Accidental Death benefits in or
supplementary to policies--for policies issued on or
after January 1, 1966, the 1959 Accidental Death
Benefits Table or any accidental death benefits
table adopted after 1980 by the National Association
of Insurance Commissioners and approved by
regulations promulgated by the Director for use in
determining the minimum standard of valuation for
such policies; for policies issued on or after
January 1, 1961, and prior to January 1, 1966, any
of such tables or, at the option of the company, the
Inter-Company Double Indemnity Mortality Table; and
for policies issued prior to January 1, 1961, the
Inter-Company Double Indemnity Mortality Table.
Either table shall be combined with a mortality
table permitted for calculating the reserves for
life insurance policies.
(vii) For Group Life Insurance, life insurance
issued on the substandard basis and other special
benefits--such tables as may be approved by the
Director.
(b) Except as otherwise provided in paragraph (f)
of subsection (3), subsection (5), and subsection (7)
reserves according to the Commissioners reserve valuation
method, for the life insurance and endowment benefits of
policies providing for a uniform amount of insurance and
requiring the payment of uniform premiums shall be the
excess, if any, of the present value, at the date of
valuation, of such future guaranteed benefits provided
for by such policies, over the then present value of any
future modified net premiums therefor. The modified net
premiums for any such policy shall be such uniform
percentage of the respective contract premiums for such
benefits that the present value, at the date of issue of
the policy, of all such modified net premiums shall be
equal to the sum of the then present value of such
benefits provided for by the policy and the excess of (A)
over (B), as follows:
(A) A net level annual premium equal to the
present value, at the date of issue, of such
benefits provided for after the first policy year,
divided by the present value, at the date of issue,
of an annuity of one per annum payable on the first
and each subsequent anniversary of such policy on
which a premium falls due; provided, however, that
such net level annual premium shall not exceed the
net level annual premium on the 19 year premium
whole life plan for insurance of the same amount at
an age one year higher than the age at issue of such
policy.
(B) A net one year term premium for such
benefits provided for in the first policy year.
For any life insurance policy issued on or after
January 1, 1987, for which the contract premium in the
first policy year exceeds that of the second year with no
comparable additional benefit being provided in that
first year, which policy provides an endowment benefit or
a cash surrender value or a combination thereof in an
amount greater than such excess premium, the reserve
according to the Commissioners reserve valuation method
as of any policy anniversary occurring on or before the
assumed ending date, defined herein as the first policy
anniversary on which the sum of any endowment benefit and
any cash surrender value then available is greater than
such excess premium, shall, except as otherwise provided
in paragraph (f) of subsection (3), be the greater of the
reserve as of such policy anniversary calculated as
described in the preceding part of this paragraph (b) and
the reserve as of such policy anniversary calculated as
described in the preceding part of this paragraph (b)
with (i) the value defined in subpart A of the preceding
part of this paragraph (b) being reduced by 15% of the
amount of such excess first year premium, (ii) all
present values of benefits and premiums being determined
without reference to premiums or benefits provided for by
the policy after the assumed ending date, (iii) the
policy being assumed to mature on such date as an
endowment, and (iv) the cash surrender value provided on
such date being considered as an endowment benefit. In
making the above comparison, the mortality and interest
bases stated in paragraph (a) of subsection (3) and in
subsection 6 shall be used.
Reserves according to the Commissioners reserve
valuation method for (i) life insurance policies
providing for a varying amount of insurance or requiring
the payment of varying premiums, (ii) group annuity and
pure endowment contracts purchased under a retirement
plan or plan of deferred compensation, established or
maintained by an employer (including a partnership or
sole proprietorship) or by an employee organization, or
by both, other than a plan providing individual
retirement accounts or individual retirement annuities
under Section 408 of the Internal Revenue Code, as now or
hereafter amended, (iii) disability and accidental death
benefits in all policies and contracts, and (iv) all
other benefits, except life insurance and endowment
benefits in life insurance policies and benefits provided
by all other annuity and pure endowment contracts, shall
be calculated by a method consistent with the principles
of this paragraph (b), except that any extra premiums
charged because of impairments or special hazards shall
be disregarded in the determination of modified net
premiums.
(c) In no event shall a company's aggregate
reserves for all life insurance policies, excluding
disability and accidental death benefits be less than the
aggregate reserves calculated in accordance with the
methods set forth in paragraphs (b), (f), and (g) of
subsection (3) and in subsection (5) and the mortality
table or tables and rate or rates of interest used in
calculating non-forfeiture benefits for such policies.
(d) In no event shall the aggregate reserves for
all policies, contracts, and benefits be less than the
aggregate reserves determined by the qualified actuary to
be necessary to render the opinion required by subsection
(1a).
(e) Reserves for any category of policies,
contracts or benefits as established by the Director, may
be calculated, at the option of the company, according to
any standards which produce greater aggregate reserves
for such category than those calculated according to the
minimum standard herein provided, but the rate or rates
of interest used for policies and contracts, other than
annuity and pure endowment contracts, shall not be higher
than the corresponding rate or rates of interest used in
calculating any nonforfeiture benefits provided for
therein.
(f) If in any contract year the gross premium
charged by any life insurance company on any policy or
contract is less than the valuation net premium for the
policy or contract calculated by the method used in
calculating the reserve thereon but using the minimum
valuation standards of mortality and rate of interest,
the minimum reserve required for such policy or contract
shall be the greater of either the reserve calculated
according to the mortality table, rate of interest, and
method actually used for such policy or contract, or the
reserve calculated by the method actually used for such
policy or contract but using the minimum standards of
mortality and rate of interest and replacing the
valuation net premium by the actual gross premium in each
contract year for which the valuation net premium exceeds
the actual gross premium. The minimum valuation
standards of mortality and rate of interest referred to
in this paragraph (f) are those standards stated in
subsection (6) and paragraph (a) of subsection (3).
For any life insurance policy issued on or after
January 1, 1987, for which the gross premium in the first
policy year exceeds that of the second year with no
comparable additional benefit provided in that first
year, which policy provides an endowment benefit or a
cash surrender value or a combination thereof in an
amount greater than such excess premium, the foregoing
provisions of this paragraph (f) shall be applied as if
the method actually used in calculating the reserve for
such policy were the method described in paragraph (b) of
subsection (3), ignoring the second paragraph of said
paragraph (b). The minimum reserve at each policy
anniversary of such a policy shall be the greater of the
minimum reserve calculated in accordance with paragraph
(b) of subsection (3), including the second paragraph of
said paragraph (b), and the minimum reserve calculated in
accordance with this paragraph (f).
(g) In the case of any plan of life insurance which
provides for future premium determination, the amounts of
which are to be determined by the insurance company based
on then estimates of future experience, or in the case of
any plan of life insurance or annuity which is of such a
nature that the minimum reserves cannot be determined by
the methods described in paragraphs (b) and (f) of
subsection (3) and subsection (5), the reserves which are
held under any such plan shall:
(i) be appropriate in relation to the benefits
and the pattern of premiums for that plan, and
(ii) be computed by a method which is
consistent with the principles of this Standard
Valuation Law, as determined by regulations
promulgated by the Director.
(4) Except as provided in subsection (6), the minimum
standard for the valuation of all individual annuity and pure
endowment contracts issued on or after the operative date of
this subsection, as defined herein, and for all annuities and
pure endowments purchased on or after such operative date
under group annuity and pure endowment contracts shall be the
Commissioners Reserve valuation methods defined in paragraph
(b) of subsection (3) and subsection (5) and the following
tables and interest rates:
(a) For individual single premium immediate annuity
contracts, excluding any disability and accidental death
benefits in such contracts, the 1971 Individual Annuity
Mortality Table, any individual annuity mortality table
adopted after 1980 by the National Association of
Insurance Commissioners and approved by regulations
promulgated by the Director for use in determining the
minimum standard of valuation for such contracts, or any
modification of those tables approved by the Director,
and 7 1/2% interest.
(b) For individual and pure endowment contracts
other than single premium annuity contracts, excluding
any disability and accidental death benefits in such
contracts, the 1971 Individual Annuity Mortality Table,
any individual annuity mortality table adopted after 1980
by the National Association of Insurance Commissioners
and approved by regulations promulgated by the Director
for use in determining the minimum standard of valuation
for such contracts, or any modification of those tables
approved by the Director, and 5 1/2% interest for single
premium deferred annuity and pure endowment contracts and
4 1/2% interest for all other such individual annuity and
pure endowment contracts.
(c) For all annuities and pure endowments purchased
under group annuity and pure endowment contracts,
excluding any disability and accidental death benefits
purchased under such contracts, the 1971 Group Annuity
Mortality Table, any group annuity mortality table
adopted after 1980 by the National Association of
Insurance Commissioners and approved by regulations
promulgated by the Director for use in determining the
minimum standard of valuation for such annuities and pure
endowments, or any modification of those tables approved
by the Director, and 7 1/2% interest.
After September 8, 1977, any company may file with the
Director a written notice of its election to comply with the
provisions of this subsection after a specified date before
January 1, 1979, which shall be the operative date of this
subsection for such company; provided, a company may elect a
different operative date for individual annuity and pure
endowment contracts from that elected for group annuity and
pure endowment contracts. If a company makes no election,
the operative date of this subsection for such company shall
be January 1, 1979.
(5) This subsection shall apply to all annuity and pure
endowment contracts other than group annuity and pure
endowment contracts purchased under a retirement plan or plan
of deferred compensation, established or maintained by an
employer (including a partnership or sole proprietorship) or
by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual
retirement annuities under Section 408 of the Internal
Revenue Code, as now or hereafter amended.
Reserves according to the Commissioners annuity reserve
method for benefits under annuity or pure endowment
contracts, excluding any disability and accidental death
benefits in such contracts, shall be the greatest of the
respective excesses of the present values, at the date of
valuation, of the future guaranteed benefits, including
guaranteed nonforfeiture benefits, provided for by such
contracts at the end of each respective contract year, over
the present value, at the date of valuation, of any future
valuation considerations derived from future gross
considerations, required by the terms of such contract, that
become payable prior to the end of such respective contract
year. The future guaranteed benefits shall be determined by
using the mortality table, if any, and the interest rate, or
rates, specified in such contracts for determining guaranteed
benefits. The valuation considerations are the portions of
the respective gross considerations applied under the terms
of such contracts to determine nonforfeiture values.
(6) (a) Applicability of this subsection. (i) The
interest rates used in determining the minimum standard
for the valuation of
(A) all life insurance policies issued in a
particular calendar year, on or after the operative
date of subsection (4c) of Section 229.2 292.2
(Standard Nonforfeiture Law),
(B) all individual annuity and pure endowment
contracts issued in a particular calendar year
ending on or after December 31, 1983,
(C) all annuities and pure endowments
purchased in a particular calendar year ending on or
after December 31, 1983, under group annuity and
pure endowment contracts, and
(D) the net increase in a particular calendar
year ending after December 31, 1983, in amounts held
under guaranteed interest contracts
shall be the calendar year statutory valuation interest
rates, as defined in this subsection.
(b) Calendar Year Statutory Valuation Interest
Rates.
(i) The calendar year statutory valuation
interest rates shall be determined according to the
following formulae, rounding "I" to the nearest
.25%.
(A) For life insurance,
I = .03 + W (R1 - .03) + W/2 (R2 - .09).
(B) For single premium immediate
annuities and annuity benefits involving life
contingencies arising from other annuities with
cash settlement options and from guaranteed
interest contracts with cash settlement
options,
I = .03 + W (R - .03) or with prior
approval of the Director I = .03 + W (Rq -
.03).
For the purposes of this subparagraph (i), "I"
equals the calendar year statutory valuation
interest rate, "R" is the reference interest rate
defined in this subsection, "R1" is the lesser of R
and .09, "R2" is the greater of R and .09, "Rq" is
the quarterly reference interest rate defined in
this subsection, and "W" is the weighting factor
defined in this subsection.
(C) For other annuities with cash
settlement options and guaranteed interest
contracts with cash settlement options, valued
on an issue year basis, except as stated in
(B), the formula for life insurance stated in
(A) applies to annuities and guaranteed
interest contracts with guarantee durations in
excess of 10 years, and the formula for single
premium immediate annuities stated in (B) above
applies to annuities and guaranteed interest
contracts with guarantee durations of 10 years
or less.
(D) For other annuities with no cash
settlement options and for guaranteed interest
contracts with no cash settlement options, the
formula for single premium immediate annuities
stated in (B) applies.
(E) For other annuities with cash
settlement options and guaranteed interest
contracts with cash settlement options, valued
on a change in fund basis, the formula for
single premium immediate annuities stated in
(B) applies.
(ii) If the calendar year statutory valuation
interest rate for any life insurance policy issued
in any calendar year determined without reference to
this subparagraph differs from the corresponding
actual rate for similar policies issued in the
immediately preceding calendar year by less than
.5%, the calendar year statutory valuation interest
rate for such life insurance policy shall be the
corresponding actual rate for the immediately
preceding calendar year. For purposes of applying
this subparagraph, the calendar year statutory
valuation interest rate for life insurance policies
issued in a calendar year shall be determined for
1980, using the reference interest rate defined for
1979, and shall be determined for each subsequent
calendar year regardless of when subsection (4c) of
Section 229.2 (Standard Nonforfeiture Law) becomes
operative.
(c) Weighting Factors.
(i) The weighting factors referred to in the
formulae stated in paragraph (b) are given in the
following tables.
(A) Weighting Factors for Life Insurance.
Guarantee Weighting
Duration Factors
(Years)
10 or less .50
More than 10, but not more than 20 .45
More than 20 .35
For life insurance, the guarantee duration
is the maximum number of years the life
insurance can remain in force on a basis
guaranteed in the policy or under options to
convert to plans of life insurance with premium
rates or nonforfeiture values or both which are
guaranteed in the original policy.
(B) The weighting factor for single
premium immediate annuities and for annuity
benefits involving life contingencies arising
from other annuities with cash settlement
options and guaranteed interest contracts with
cash settlement options is .80.
(C) The weighting factors for other
annuities and for guaranteed interest
contracts, except as stated in (B) of this
subparagraph (i), shall be as specified in
tables (1), (2), and (3) of this subpart (C),
according to the rules and definitions in (4),
(5) and (6) of this subpart (C).
(1) For annuities and guaranteed interest
contracts valued on an issue year basis.
Guarantee Weighting Factor
Duration for Plan Type
(Years) A B C
5 or less. .80 .60 .50
More than 5, but not
more than 10. .75 .60 .50
More than 10, but not
more than 20. .65 .50 .45
More than 20. .45 .35 .35
(2) For annuities and guaranteed interest
contracts valued on a change in fund basis, the
factors shown in (1) for Plan Types A, B and C
are increased by .15, .25 and .05,
respectively.
(3) For annuities and guaranteed interest
contracts valued on an issue year basis, other
than those with no cash settlement options,
which do not guarantee interest on
considerations received more than one year
after issue or purchase, and for annuities and
guaranteed interest contracts valued on a
change in fund basis which do not guarantee
interest rates on considerations received more
than 12 months beyond the valuation date, the
factors shown in (1), or derived in (2), for
Plan Types A, B and C are increased by .05.
(4) For other annuities with cash
settlement options and guaranteed interest
contracts with cash settlement options, the
guarantee duration is the number of years for
which the contract guarantees interest rates in
excess of the calendar year statutory valuation
interest rate for life insurance policies with
guarantee durations in excess of 20 years. For
other annuities with no cash settlement
options, and for guaranteed interest contracts
with no cash settlement options, the guarantee
duration is the number of years from the date
of issue or date of purchase to the date
annuity benefits are scheduled to commence.
(5) The plan types used in the above
tables are defined as follows.
Plan Type A is a plan under which the
policyholder may not withdraw funds, or may
withdraw funds at any time but only (a) with an
adjustment to reflect changes in interest rates
or asset values since receipt of the funds by
the insurance company, (b) without such an
adjustment but in installments over 5 years or
more, or (c) as an immediate life annuity.
Plan Type B is a plan under which the
policyholder may not withdraw funds before
expiration of the interest rate guarantee, or
may withdraw funds before such expiration but
only (a) with an adjustment to reflect changes
in interest rates or asset values since receipt
of the funds by the insurance company, or (b)
without such adjustment but in installments
over 5 years or more. At the end of the
interest rate guarantee, funds may be withdrawn
without such adjustment in a single sum or
installments over less than 5 years.
Plan Type C is a plan under which the
policyholder may withdraw funds before
expiration of the interest rate guarantee in a
single sum or installments over less than 5
years either (a) without adjustment to reflect
changes in interest rates or asset values since
receipt of the funds by the insurance company,
or (b) subject only to a fixed surrender charge
stipulated in the contract as a percentage of
the fund.
(6) A company may elect to value
guaranteed interest contracts with cash
settlement options and annuities with cash
settlement options on either an issue year
basis or on a change in fund basis. Guaranteed
interest contracts with no cash settlement
options and other annuities with no cash
settlement options shall be valued on an issue
year basis. As used in this Section, "issue
year basis of valuation" refers to a valuation
basis under which the interest rate used to
determine the minimum valuation standard for
the entire duration of the annuity or
guaranteed interest contract is the calendar
year valuation interest rate for the year of
issue or year of purchase of the annuity or
guaranteed interest contract. "Change in fund
basis of valuation", as used in this Section,
refers to a valuation basis under which the
interest rate used to determine the minimum
valuation standard applicable to each change in
the fund held under the annuity or guaranteed
interest contract is the calendar year
valuation interest rate for the year of the
change in the fund.
(d) Reference Interest Rate. (i) The reference
interest rate referred to in paragraph (b) of this
subsection is defined as follows.
(A) For all life insurance, the reference
interest rate is the lesser of the average over a
period of 36 months, and the average over a period
of 12 months, with both periods ending on June 30,
or with prior approval of the Director ending on
December 31, of the calendar year next preceding the
year of issue, of Moody's Corporate Bond Yield
Average - Monthly Average Corporates, as published
by Moody's Investors Service, Inc.
(B) For single premium immediate annuities and
for annuity benefits involving life contingencies
arising from other annuities with cash settlement
options and guaranteed interest contracts with cash
settlement options, the reference interest rate is
the average over a period of 12 months, ending on
June 30, or with prior approval of the Director
ending on December 31, of the calendar year of issue
or year of purchase, of Moody's Corporate Bond Yield
Average - Monthly Average Corporates, as published
by Moody's Investors Service, Inc.
(C) For annuities with cash settlement options
and guaranteed interest contracts with cash
settlement options, valued on a year of issue basis,
except those described in (B), with guarantee
durations in excess of 10 years, the reference
interest rate is the lesser of the average over a
period of 36 months and the average over a period of
12 months, ending on June 30, or with prior approval
of the Director ending on December 31, of the
calendar year of issue or purchase, of Moody's
Corporate Bond Yield Average-Monthly Average
Corporates, as published by Moody's Investors
Service, Inc.
(D) For other annuities with cash settlement
options and guaranteed interest contracts with cash
settlement options, valued on a year of issue basis,
except those described in (B), with guarantee
durations of 10 years or less, the reference
interest rate is the average over a period of 12
months, ending on June 30, or with prior approval of
the Director ending on December 31, of the calendar
year of issue or purchase, of Moody's Corporate Bond
Yield Average-Monthly Average Corporates, as
published by Moody's Investors Service, Inc.
(E) For annuities with no cash settlement
options and for guaranteed interest contracts with
no cash settlement options, the reference interest
rate is the average over a period of 12 months,
ending on June 30, or with prior approval of the
Director ending on December 31, of the calendar year
of issue or purchase, of Moody's Corporate Bond
Yield Average-Monthly Average Corporates, as
published by Moody's Investors Service, Inc.
(F) For annuities with cash settlement options
and guaranteed interest contracts with cash
settlement options, valued on a change in fund
basis, except those described in (B), the reference
interest rate is the average over a period of 12
months, ending on June 30, or with prior approval of
the Director ending on December 31, of the calendar
year of the change in the fund, of Moody's Corporate
Bond Yield Average-Monthly Average Corporates, as
published by Moody's Investors Service, Inc.
(G) For annuities valued by a formula based on
Rq, the quarterly reference interest rate is, with
the prior approval of the Director, the average
within each of the 4 consecutive calendar year
quarters ending on March 31, June 30, September 30
and December 31 of the calendar year of issue or
year of purchase of Moody's Corporate Bond Yield
Average-Monthly Average Corporates, as published by
Moody's Investors Service, Inc.
(e) Alternative Method for Determining Reference
Interest Rates. In the event that the Moody's Corporate
Bond Yield Average-Monthly Average Corporates is no
longer published by Moody's Investors Services, Inc., or
in the event that the National Association of Insurance
Commissioners determines that Moody's Corporate Bond
Yield Average-Monthly Average Corporates as published by
Moody's Investors Service, Inc. is no longer appropriate
for the determination of the reference interest rate,
then an alternative method for determination of the
reference interest rate, which is adopted by the National
Association of Insurance Commissioners and approved by
regulations promulgated by the Director, may be
substituted.
(7) Minimum Standards for Health (Disability, Accident
and Sickness) Plans. The Director shall promulgate a
regulation containing the minimum standards applicable to the
valuation of health (disability, sickness and accident)
plans.
(Source: P.A. 87-108; revised 10-31-98.)
(215 ILCS 5/267) (from Ch. 73, par. 879)
Sec. 267. Subscription requirements - Surplus.
(1) No assessment legal reserve life company shall
receive a certificate of authority from the Director to
transact an insurance business unless it has 250 bona fide
applications from 250 persons for life insurance in the
aggregate of at least $125,000 and shall have a surplus of at
least $100,000.
(2) No such company shall be authorized to transact
business of the kind specified in clause (b) of Class 1 of
Section 4 until it:
(a) has qualified as prescribed in subsection (1)
of this Section;
(b) obtains bona fide applications from at least
500 persons for insurance of the kind specified in clause
(b) of Class 1 of Section 4, for not less than $500 500
nor more than $1,000 of maximum liability each;
(c) collects one full annual premium in cash on
each application; and
(d) has a surplus, in addition to the requirement
of subsection (1), of at least $100,000.
(3) Every company subject to the provisions of this
Article and organized on or after July 15, 1959, shall have
and at all times maintain a minimum surplus in an amount
equal to 2/3 of the original surplus required by subsections
(1) and (2), provided, however, that any such company
organized prior to July 15, 1959, shall have and at all times
maintain a minimum surplus in an amount equal to that which
would have been required immediately prior to July 15, 1959.
(4) All companies operating under this Article XVI and
authorized to transact any of the types of business
enumerated in clause (b) of Class 1 of Section 4, in addition
to the minimum surplus required by paragraph (3) of this
Section, shall have and at all times maintain an additional
minimum surplus of not less than $250,000.
(5) The Director shall take action under Section 401.1
against any company which fails to maintain the additional
minimum surplus required by this Section. "Minimum surplus"
means the "surplus as regards policyholders", as it appears
on the annual statement of an assessment company on the
annual statement form prescribed by the National Association
of Insurance Commissioners.
(Source: P.A. 85-1186; revised 2-24-98.)
(215 ILCS 5/333) (from Ch. 73, par. 945)
Sec. 333. Membership certificate.
(1) Every association shall issue a certificate of
membership to each member. The form of certificate shall be
submitted to the Director for his approval before same shall
be issued. Each certificate issued on and after January 1,
1950, shall contain the following provisions and no others
and shall be printed in clear readable type of uniform sixes,
except that the words in capital letters in the following
form may be in larger type, and in the case of an association
issuing certificates granting only death benefits, the
provisions with regard to disability may be omitted:
..............................
(A Mutual Benefit Association)
..................., Illinois.
IN CONSIDERATION OF the membership fee, the receipt of
which is hereby acknowledged and the facts set out in the
application executed by the member, and the further payment
of all assessments required to be paid under the conditions
of this certificate, on or before the time payable during the
continuance of the certificate, the .... agrees to pay to
...., herein called the beneficiary, if living, or to a duly
substituted beneficiary, otherwise to the estate of the
member, upon receipt at its home office in the City of ....,
Illinois, of due proof of death of ...., herein called the
member, during continuance of this certificate in full force,
subject, however, to the conditions and provisions
hereinafter set forth, in accordance with the amounts
scheduled below based on the age of the member at the time he
or she became a member.
In no case shall the association be liable for an amount
in excess of $1 per member paying the assessment levied for a
single claim, except to the extent of the amount in the
benefit fund.
Upon receipt of satisfactory evidence at the Home Office
of the Association showing that the member has lost be
severance, BOTH HANDS or BOTH FEET, or ONE HAND AND ONE FOOT,
or has permanently lost the ENTIRE SIGHT OF BOTH EYES,
through accidental means, independently and exclusively of
all other causes, within 90 days from the date of the
accident, during the continuance of this Certificate, then
the sum set forth in the table of benefits herein provided to
be paid and upon the same terms as above provided for a death
benefit, will be paid to said member, subject to the
provisions and conditions hereinafter set forth in lieu of
all other benefits; and should the member lose by severance
ONE HAND or ONE FOOT or permanently the ENTIRE SIGHT OF ONE
EYE, through accidental means, independently and exclusively
of all other causes, within 90 days from the date of the
accident, during the continuance of this Certificate, then
1/2 of the sum set forth in the table of benefits herein
provided will be paid to the member, subject to the
provisions and conditions hereinafter set forth in lieu of
all other benefits. Severance shall mean, in case of a foot,
severance at or above the ankle; in case of a hand, severance
at or above the wrist.
TABLE SHOWING AMOUNT PAYABLE AT
DEATH OF MEMBER ACCORDING TO
AGE AT TIME OF BECOMING A
MEMBER.
Age at Maximum
Entry Benefit
Nearest Birthday
0 to 15 yrs..................................... $ 500.00
Members in this class
upon attaining the age
of 16 automatically become
members of the next
succeeding class.
16 to 40 yrs. $500.00 for first four
months increasing $25.00
per month to..................... 1,000.00
41 to 45 yrs. $400.00 for first four
months increasing $20.00
per month to..................... 800.00
46 to 50 yrs. $300.00 for first four
months increasing $10.00
per month to..................... 500.00
51 to 55 yrs. $100.00 for first four
months increasing $10.00
per month to..................... 300.00
56 to 60 yrs. $100.00 for first four
months increasing $5.00
per month to..................... 200.00
The member who holds his or her certificate is subject to
assessments for the payment of death claims of the
association and to assessments for the payment of expenses of
the association as provided for by paragraph 13 on a
following page of this certificate.
THE PROVISIONS under the heading "Additional Contract
Provisions" (upon the following pages hereof) are a part of
this contract as fully as if recited over the signature
hereto affixed.
IN WITNESS WHEREOF, the .... has caused this contract to
be executed at its home office in the City of ...., Illinois,
on (insert date). this .... day of ...., 19...
............... (President)
............... (Secretary)
ADDITIONAL CONTRACT PROVISIONS
1. Health and Age. The applicant for membership in this
association must be in good health, of sound mind and must be
between the ages of 0 and sixty years, nearest birthday.
2. Misrepresentations. This certificate and the
application therefor shall constitute the entire contract
with the member. All statements by the member shall, in the
absence of fraud, be deemed representations and not
warranties, and no such statement shall void this certificate
unless contained in the written application, and a copy of
such application attached to or copied on this certificate
when issued, or unless the fact misstated contributes to the
loss.
3. When Certificate Takes Effect. The association
assumes no liability until the certificate is issued and
actually delivered to the member during his or her lifetime
and while he or she is alive and in good health and of sound
mind.
4. Not More Than One Certificate to a Member. Only one
certificate of membership may be held by a member. Should any
member have more than one uncancelled certificate only the
earliest dated certificate shall be effective and all other
certificates shall be void. All assessments paid on such void
certificate shall be repaid to the member.
5. Agent Cannot Waive Contract Provisions. No agent
shall have authority to make any alterations or modifications
in the conditions or the provisions of this certificate of
membership, to extend the time of payment of assessments, to
waive any forfeiture provision or to bind the association by
any promises.
6. Assignment. No assignment of this certificate shall
be binding on the association, and the association assumes no
responsibility for the validity of any assignment.
7. Change of Beneficiary. The member may, by written
notification to the association, change the beneficiary
without the consent of such beneficiary.
8. Change of Address. The member, when changing his or
her address, shall at once notify the association of such
change, giving the new address, and such change shall be
noted upon the records of the association. Notice mailed to
the last known address of the member, as shown by the records
of the association, shall be considered in all respects as
due and sufficient notice.
9. Residence and Travel. This certificate is free from
restrictions or limitations as to residence and travel.
10. Incontestability. After this certificate shall have
been kept in continuous force, during the life of the member,
for 2 full years from date of issue, it shall be
incontestable if assessments have been duly paid, except as
to the limitations and exclusions set forth in paragraph
eleven hereof. If the age of the member has been misstated,
the amount payable under this certificate shall be such as
the member would have been entitled to at the true age. If
the age at entry is over sixty years the amount payable shall
be the full amount of assessments paid in by the member.
11. Limitations and Exclusions. If death results by the
intentional act of any beneficiary of this certificate, the
benefits hereunder shall be payable to the insured member's
estate. No benefits will be payable under this certificate if
death occurs as a result of any of the following: (1)
Military or naval service in time of war; (2)
Self-destruction while sane or insane, if within two years
from the date of this certificate; (3) Violation by member of
any criminal law.
12. Reinstatement. After default in payment of any
assessment this certificate may be reinstated at the
discretion of the board of directors upon the member
furnishing to the association satisfactory evidence of good
health and paying the delinquent assessment. In case the
certificate is lapsed for 30 days or more a one dollar
reinstatement fee shall be charged in addition to any
delinquent assessments. No certificate shall be reinstated
nor a new certificate issued to any member within one year
after this certificate is lapsed, except upon the payment by
such member of an amount equal to all intervening assessments
levied by the association.
13. Assessments. The association shall establish a
benefit fund to be used exclusively for the payment of claims
of members and the board of directors shall levy assessments
against all members of the association which, together with
any balance in the benefit fund, shall be sufficient in
amount to pay all claims in accordance with the schedule set
out in this certificate. The association shall also keep an
expense fund out of which all expenses of the association,
including salaries of officers, shall be paid, and for the
purpose of maintaining such fund each member may be assessed
not to exceed the maximum amount provided in Section 328.
14. Failure to Pay Assessment. Each assessment is due
and payable at the principal office of the association at
.... within 30 days from the date of the notice of the
assessment. If the member fails to pay the assessment within
the 30 days or fails to remit said assessment by depositing
the amount thereof in an envelope properly addressed to the
association in the United States mail by 12 o'clock noon on
the 30th day after the date of such notice, his certificate
may be cancelled by the association by the mailing to such
member of a cancellation notice as required by the Insurance
Code of the State of Illinois. If the member fails to pay the
assessment within 10 days from the date of such cancellation
notice or fails to remit said assessment by depositing the
amount thereof in an envelope properly addressed to the
association in the United States mail by 12 o'clock noon on
the 10th day after the date of such cancellation notice, the
member shall cease to have any further rights under the
certificate issued to such member on which the assessment is
levied, and said certificate shall then and there be regarded
and accepted by the association and the member as cancelled,
terminated and void, but such certificate shall be in full
force until the expiration of the 10 day period following the
cancellation notice.
15. Notice of Death or Disability. The association shall
be notified of the death or disability of a member within a
reasonable time after such death or disability. The
association shall immediately furnish a form of proof of
death or disability to the beneficiary or other interested
party. The information required by the proof of death or
disability shall be given and it shall be returned to the
office of the association. The board of directors shall
approve or disapprove a claim within 60 days after the
receipt by the association of the proof of death or
disability. If the claim is approved the association shall
pay in full the amount due according to this certificate
within 60 days after approval of the claim. If the claim is
disapproved, the association shall forthwith notify the
beneficiary or person filing the proof of death or disability
of the reasons for such disapproval.
16. Annual Meeting. The annual meeting of the members of
this association shall be held in the Home Office of the
association in ...., Illinois, at .... o'clock ... m. N., on
the .... day of .... of each year, unless such day falls on
Sunday or a legal holiday, and in such event on the next
business day succeeding, for the purpose of electing
directors and the transaction of such other business as may
be brought before the meeting. Members may vote at any
annual meeting in person or by proxy. This certificate shall
be considered sufficient notice of such meeting to all
members.
17. Election of Benefits. The filing of a claim for
disability benefits and the payment thereof by the
association shall constitute an election by the insured to
accept such disability benefits in lieu and in full payment
of all other benefits in the certificate provided.
(2) Prior to January 1, 1950, every association may at
its option adopt and use the certificate of membership
hereinbefore set forth upon first submitting the form to the
Director of Insurance and securing his or her approval
thereof.
(Source: P.A. 84-551; revised 10-20-98.)
(215 ILCS 5/338) (from Ch. 73, par. 950)
Sec. 338. Scope of Article.
(1) This Article shall apply to:
(a) all societies organized or operating, prior to
the effective date of this Code, under an Act entitled
"An Act relating to burial insurance societies,",
approved June 10, 1911;
(b) any person, firm, corporation, society, or
association of individuals engaged in the business of
providing a burial benefit or award for the payment, in
whole or in part, of funeral, burial or other expenses
relating to deceased members, certificate holders or
subscribers, by the levying of assessments, or by the
charging of a fee or premium.
(2) Each person, firm, corporation, society or
association mentioned in subsection (1) is referred to in
this Article as a "burial society" and subscribers to and
certificate holders of such a society are referred to in this
Article as "members."
(Source: Laws 1937, p. 696; revised 10-31-98.)
(215 ILCS 5/343) (from Ch. 73, par. 955)
Sec. 343. Certificate form.
(1) Every burial society shall issue a certificate of
membership to each member, agreeing to pay upon death a
specified sum of money not to exceed $1,000, which specified
amount shall not be diminished during the existence of the
contract. The form of certificate shall be submitted to the
Director for his or her approval before the same shall be
issued. Each certificate issued after the effective date of
this Code, shall contain the following provisions, and shall
be printed in clear readable type of uniform size except that
the words in capital letters in the following form may be in
larger type:
............, Illinois.
Certificate Number
..................
..............................
(A Burial Insurance Society)
Incorporated under the Illinois Insurance Code.
HEREBY INSURES the life of ...., hereinafter called the
Member.
The society hereby agrees to pay to .... Beneficiary, the
sum of $...., upon receipt of due proof of the death of the
member, such payment to be paid only in lawful money of the
United States.
This certificate is issued in consideration of the
application and the payment in advance of a first ....
premium of .... which maintains this certificate in force for
a period ending .... following its date of issue, and the
payment of a like sum on the .... day of each .... thereafter
during the lifetime of the member.
CHANGE OF BENEFICIARY. The member may change the
beneficiary at any time by giving notice at the principal
office of the society.
INCONTESTABLE CLAUSE. This certificate shall be
incontestable after it has been in force during the life-time
of the member for 2 years except for non-payment of premiums
provided herein.
GRACE PERIOD. A grace period of 30 days shall be allowed
for the payment of any premium after the first, during which
time this certificate shall be continued in full force.
Should the member die during such grace period, the unpaid
premium may be deducted from the amount otherwise payable.
This certificate shall be regarded and accepted by the
society and the member as cancelled and terminated upon
failure to pay any premium before the expiration of the grace
period.
REINSTATEMENT. This certificate, after default in payment
of any premium, may be reinstated at the discretion of the
Board of Directors upon the member furnishing to the society
satisfactory evidence of good health and paying the
delinquent premiums.
CONTRACT. This certificate and the application therefor,
a copy of which is attached hereto, shall constitute the
entire contract with the member.
MISSTATEMENT OF AGE. If the age of the member has been
misstated, the amount payable under the certificate shall be
such as the member would have been entitled to at the true
age.
IN WITNESS WHEREOF, the society has caused this
certificate to be signed by its duly authorized officers, on
(insert date), this .... day of ...., 19.., which shall be
the effective date of this certificate.
.................
(Secretary)
.................
(President)
(2) If the society is operating on an assessment plan,
it may substitute in lieu of the word premium the word
assessment in each case and may substitute in lieu of the
consideration clause contained in the form the following:
This certificate is issued in consideration of the
application and the payment in advance of the first ....
assessment and the further payment of such assessments as may
be levied from time to time during the lifetime of the
member.
(Source: P.A. 84-551; revised 10-20-98.)
(215 ILCS 5/357.2) (from Ch. 73, par. 969.2)
Sec. 357.2. "ENTIRE CONTRACT; CHANGES: This policy,
including the endorsements and the attached papers, if any,
constitutes the entire contract of insurance. No change in
this policy shall be valid until approved by an executive
officer of the company and unless such approval be endorsed
hereon or attached hereto. No agent has authority to change
this policy or to waive any of its provisions."
(1) Premium Notice Required. No policy of accident and
health insurance, as enumerated in class 1(b) or 2(a) of
Section 4, shall be declared forfeited or lapsed within 6
months after default in payment of any premium installment or
interest or any portion thereof, nor shall any such policy be
forfeited or lapsed by reason of nonpayment when due of any
premium, installment or interest, or any portion thereof,
required by the terms of the policy to be paid, within 6
months from the default in payment of such premium,
installment or interest, unless a written or printed notice
stating the amount of such premium, installment, interest or
portion thereof due on such policy, the place where it shall
be paid and the person to whom the same is payable, shall
have been duly addressed and mailed with the required postage
affixed, to the person insured or to the premium payor if
other than the insured at the last known post office address
of the insured or premium payor, at least 15 days and not
more than 45 days prior to the day when same is due and
payable before the beginning of the grace period.
Such notice shall also state that unless such premium or
other sum due shall be paid to the company or its agent the
policy and all payments thereon will become forfeited and
void, except as to any right to a surrender value or paid up
policy as provided for by the policy. The affidavit of any
officer, clerk or agent of the company or of anyone
authorized to mail such notice that the notice required by
this Section bearing the required postage has been duly
addressed and mailed shall be presumptive evidence that such
notice has been duly given.
If the notice is given in a manner other than mailing,
then physical proof of the receipt of such notice by the
proper recipient shall be maintained by the insurer.
(2) Paragraph Sec. 357.2 (1) of this Section shall not
apply to cancellable policies which are renewable at the
option of the company nor shall it apply to group policies,
industrial policies, or to any policies upon which premiums
are payable monthly or at shorter intervals.
(Source: P.A. 80-513; revised 2-26-98.)
(215 ILCS 5/357.18) (from Ch. 73, par. 969.18)
Sec. 357.18. "INSURANCE WITH OTHER COMPANIES: If there be
other valid coverage, not with this company, providing
benefits for the same loss on a provision of service basis or
on an expense incurred basis and of which this company has
not been given written notice prior to the occurrence or
commencement of loss, the only liability under any expense
incurred coverage of this policy shall be for such proportion
of the loss as the amount which would otherwise have been
payable hereunder plus the total of the like amounts under
all such other valid coverages for the same loss of which
this company had notice bears to the total like amounts under
all valid coverages for such loss, and for the return of such
portion of the premiums paid as shall exceed the pro-rata
portion for the amount so determined. For the purpose of
applying this provision when other coverage is on a provision
of service basis, the "like amount" of such other coverage
shall be taken as the amount which the services rendered
would have cost in the absence of such coverage."
(If the foregoing policy provision is included in a
policy which also contains the next following policy
provision there shall be added to the caption of the
foregoing provision the phrase "--EXPENSE INCURRED BENEFITS".
The company may, at its option, include in this provision a
definition of "other valid coverage", approved as to form by
the Director, which definition shall be limited in subject
matter to coverage provided by organizations subject to
regulation by insurance law or by insurance authorities of
this or any other state of the United States or any province
of Canada, and by hospital or medical service organizations,
and to any other coverage the inclusion of which may be
approved by the Director. In the absence of such definition
such term does not include group insurance, automobile
medical payments insurance, or coverage provided by hospital
or medical service organizations or by union welfare plans or
employer or employee benefit organizations. For the purpose
of applying the foregoing policy provision with respect to
any insured, any amount of benefit provided for such insured
pursuant to any compulsory benefit statute (including any
workers' compensation or employer's liability statute)
whether provided by a governmental agency or otherwise is
"other valid coverage" of which the company has had notice.
In applying the foregoing policy provision no third party
liability coverage shall be included as "other valid
coverage".)
(Source: P.A. 81-992; revised 10-31-98.)
(215 ILCS 5/357.19) (from Ch. 73, par. 969.19)
Sec. 357.19. "INSURANCE WITH OTHER COMPANIES: If there be
other valid coverage, not with this company, providing
benefits for the same loss on other than an expense incurred
basis and of which this company has not been given written
notice prior to the occurrence or commencement of loss, the
only liability for such benefits under this policy shall be
for such proportion of the indemnities otherwise provided
hereunder for such loss as the like indemnities of which the
company had notice (including the indemnities under this
policy) bear to the total amount of all like indemnities for
such loss, and for the return of such portion of the premium
paid as shall exceed the pro-rata portion for the indemnities
thus determined."
(If the foregoing policy provision is included in a
policy which also contains the next preceding policy
provision there shall be added to the caption of the
foregoing provision the phrase "--OTHER BENEFITS". The
company may, at its option, include in this provision a
definition of "other valid coverage", approved as to form by
the Director, which definition shall be limited in subject
matter to coverage provided by organizations subject to
regulation by insurance law or by insurance authorities of
this or any other state of the United States or any province
of Canada, and to any other coverage the inclusion of which
may be approved by the Director. In the absence of such
definition such term does not include group insurance, or
benefits provided by union welfare plans or by employer or
employee benefit organizations. For the purpose of applying
the foregoing policy provision with respect to any insured,
any amount of benefit provided for such insured pursuant to
any compulsory benefit statute (including any workers'
compensation or employer's liability statute) whether
provided by a governmental agency or otherwise is "other
valid coverage" of which the company has had notice. In
applying the foregoing policy provision no third party
liability coverage shall be included as "other valid
coverage".)
(Source: P.A. 81-992; revised 10-31-98.)
(215 ILCS 5/357.20) (from Ch. 73, par. 969.20)
Sec. 357.20. "RELATION OF EARNINGS TO INSURANCE: If the
total monthly amount of loss of time benefits promised for
the same loss under all valid loss of time coverage upon the
insured, whether payable on a weekly or monthly basis, shall
exceed the monthly earnings of the insured at the time
disability commenced or his average monthly earnings for the
period of 2 years immediately preceding a disability for
which claim is made, whichever is the greater, the company
will be liable only for such proportionate amount of such
benefits under this policy as the amount of such monthly
earnings or such average monthly earnings of the insured
bears to the total amount of monthly benefits for the same
loss under all such coverage upon the insured at the time
such disability commences and for the return of such part of
the premiums paid during such 2 years as shall exceed the
pro-rata amount of the premiums for the benefits actually
paid hereunder; but this shall not operate to reduce the
total monthly amount of benefits payable under all such
coverage upon the insured below the sum of $200.00 or the sum
of the monthly benefits specified in such coverages,
whichever is the lesser, nor shall it operate to reduce
benefits other than those payable for loss of time."
(The foregoing policy provision may be inserted only in a
policy which the insured has the right to continue in force
subject to its terms by the timely payment of premiums (1)
until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least 5 years from its date of issue.
The company may, at its option, include in this provision a
definition of "valid loss of time coverage", approved as to
form by the Director, which definition shall be limited in
subject matter to coverage provided by governmental agencies
or by organizations subject to regulation by insurance law or
by insurance authorities of this or any other state of the
United States or any province of Canada, or to any other
coverage the inclusion of which may be approved by the
Director or any combination of such coverages. In the absence
of such definition such term does not include any coverage
provided for such insured pursuant to any compulsory benefit
statute (including any workers' compensation or employer's
liability statute), or benefits provided by union welfare
plans or by employer or employee benefit organizations.)
(Source: P.A. 81-992; revised 10-31-98.)
(215 ILCS 5/408) (from Ch. 73, par. 1020)
Sec. 408. Fees and charges.
(1) The Director shall charge, collect and give proper
acquittances for the payment of the following fees and
charges:
(a) For filing all documents submitted for the
incorporation or organization or certification of a
domestic company, except for a fraternal benefit society,
$1,000.
(b) For filing all documents submitted for the
incorporation or organization of a fraternal benefit
society, $250.
(c) For filing amendments to articles of
incorporation and amendments to declaration of
organization, except for a fraternal benefit society, a
mutual benefit association, a burial society or a farm
mutual, $100.
(d) For filing amendments to articles of
incorporation of a fraternal benefit society, a mutual
benefit association or a burial society, $50.
(e) For filing amendments to articles of
incorporation of a farm mutual, $25.
(f) For filing bylaws or amendments thereto, $25.
(g) For filing agreement of merger or
consolidation:
(i) for a domestic company, except for a
fraternal benefit society, a mutual benefit
association, a burial society, or a farm mutual,
$1,000.
(ii) for a foreign or alien company, except
for a fraternal benefit society, $300.
(iii) for a fraternal benefit society, a
mutual benefit association, a burial society, or a
farm mutual, $100.
(h) For filing agreements of reinsurance by a
domestic company, $100.
(i) For filing all documents submitted by a foreign
or alien company to be admitted to transact business or
accredited as a reinsurer in this State, except for a
fraternal benefit society, $2,500.
(j) For filing all documents submitted by a foreign
or alien fraternal benefit society to be admitted to
transact business in this State, $250.
(k) For filing declaration of withdrawal of a
foreign or alien company, $25.
(l) For filing annual statement, except a fraternal
benefit society, a mutual benefit association, a burial
society, or a farm mutual, $100.
(m) For filing annual statement by a fraternal
benefit society, $50.
(n) For filing annual statement by a farm mutual, a
mutual benefit association, or a burial society, $25.
(o) For issuing a certificate of authority or
renewal thereof except to a fraternal benefit society,
$100.
(p) For issuing a certificate of authority or
renewal thereof to a fraternal benefit society, $50.
(q) For issuing an amended certificate of
authority, $25.
(r) For each certified copy of certificate of
authority, $10.
(s) For each certificate of deposit, or valuation,
or compliance or surety certificate, $10.
(t) For copies of papers or records per page, $1.
(u) For each certification to copies of papers or
records, $10.
(v) For multiple copies of documents or
certificates listed in subparagraphs (r), (s), and (u) of
paragraph (1) of this Section, $10 for the first copy of
a certificate of any type and $5 for each additional copy
of the same certificate requested at the same time,
unless, pursuant to paragraph (2) of this Section, the
Director finds these additional fees excessive.
(w) For issuing a permit to sell shares or increase
paid-up capital:
(i) in connection with a public stock
offering, $150;
(ii) in any other case, $50.
(x) For issuing any other certificate required or
permissible under the law, $25.
(y) For filing a plan of exchange of the stock of a
domestic stock insurance company, a plan of
demutualization of a domestic mutual company, or a plan
of reorganization under Article XII, $1,000.
(z) For filing a statement of acquisition of a
domestic company as defined in Section 131.4 of this
Code, $1,000.
(aa) For filing an agreement to purchase the
business of an organization authorized under the Dental
Service Plan Act or the Voluntary Health Services Plans
Act or of a health maintenance organization or a limited
health service organization, $1,000.
(bb) For filing a statement of acquisition of a
foreign or alien insurance company as defined in Section
131.12a of this Code, $500.
(cc) For filing a registration statement as
required in Sections 131.13 and 131.14, the notification
as required by Sections 131.16, 131.20a, or 141.4, or an
agreement or transaction required by Sections 124.2(2),
141, 141a, or 141.1, $100.
(dd) For filing an application for licensing of:
(i) a religious or charitable risk pooling
trust or a workers' compensation pool, $500;
(ii) a workers' compensation service company,
$250;
(iii) a self-insured automobile fleet, $100;
or
(iv) a renewal of or amendment of any license
issued pursuant to (i), (ii), or (iii) above, $50.
(ee) For filing articles of incorporation for a
syndicate to engage in the business of insurance through
the Illinois Insurance Exchange, $1,000.
(ff) For filing amended articles of incorporation
for a syndicate engaged in the business of insurance
through the Illinois Insurance Exchange, $50.
(gg) For filing articles of incorporation for a
limited syndicate to join with other subscribers or
limited syndicates to do business through the Illinois
Insurance Exchange, $500.
(hh) For filing amended articles of incorporation
for a limited syndicate to do business through the
Illinois Insurance Exchange, $50.
(ii) For a permit to solicit subscriptions to a
syndicate or limited syndicate, $50.
(jj) For the filing of each form as required in
Section 143 of this Code, $25 per form. The fee for
advisory and rating organizations shall be $100 per form.
(i) For the purposes of the form filing fee,
filings made on insert page basis will be considered
one form at the time of its original submission.
Changes made to a form subsequent to its approval
shall be considered a new filing.
(ii) Only one fee shall be charged for a form,
regardless of the number of other forms or policies
with which it will be used.
(iii) Fees charged for a policy filed as it
will be issued regardless of the number of forms
comprising that policy shall not exceed $500 or
$1000 for advisory or rating organizations.
(iv) The Director may by rule exempt forms
from such fees.
(kk) For filing an application for licensing of a
reinsurance intermediary, $250.
(ll) For filing an application for renewal of a
license of a reinsurance intermediary, $100.
(2) When printed copies or numerous copies of the same
paper or records are furnished or certified, the Director may
reduce such fees for copies if he finds them excessive. He
may, when he considers it in the public interest, furnish
without charge to state insurance departments and persons
other than companies, copies or certified copies of reports
of examinations and of other papers and records.
(3) The expenses incurred in any performance examination
authorized by law shall be paid by the company or person
being examined. The charge shall be reasonably related to the
cost of the examination including but not limited to
compensation of examiners, electronic data processing costs,
supervision and preparation of an examination report and
lodging and travel expenses. All lodging and travel expenses
shall be in accord with the applicable travel regulations as
published by the Department of Central Management Services
and approved by the Governor's Travel Control Board, except
that out-of-state lodging and travel expenses related to
examinations authorized under Section 132 shall be in
accordance with travel rates prescribed under paragraph
301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
for reimbursement of subsistence expenses incurred during
official travel. All lodging and travel expenses may be
reimbursed directly upon authorization of the Director. With
the exception of the direct reimbursements authorized by the
Director, all performance examination charges collected by
the Department shall be paid to the Insurance Producers
Administration Fund, however, the electronic data processing
costs incurred by the Department in the performance of any
examination shall be billed directly to the company being
examined for payment to the Statistical Services Revolving
Fund.
(4) At the time of any service of process on the
Director as attorney for such service, the Director shall
charge and collect the sum of $10.00, which may be recovered
as taxable costs by the party to the suit or action causing
such service to be made if he prevails in such suit or
action.
(5) (a) The costs incurred by the Department of
Insurance in conducting any hearing authorized by law shall
be assessed against the parties to the hearing in such
proportion as the Director of Insurance may determine upon
consideration of all relevant circumstances including: (1)
the nature of the hearing; (2) whether the hearing was
instigated by, or for the benefit of a particular party or
parties; (3) whether there is a successful party on the
merits of the proceeding; and (4) the relative levels of
participation by the parties.
(b) For purposes of this subsection (5) costs incurred
shall mean the hearing officer fees, court reporter fees, and
travel expenses of Department of Insurance officers and
employees; provided however, that costs incurred shall not
include hearing officer fees or court reporter fees unless
the Department has retained the services of independent
contractors or outside experts to perform such functions.
(c) The Director shall make the assessment of costs
incurred as part of the final order or decision arising out
of the proceeding; provided, however, that such order or
decision shall include findings and conclusions in support of
the assessment of costs. This subsection (5) shall not be
construed as permitting the payment of travel expenses unless
calculated in accordance with the applicable travel
regulations of the Department of Central Management Services,
as approved by the Governor's Travel Control Board. The
Director as part of such order or decision shall require all
assessments for hearing officer fees and court reporter fees,
if any, to be paid directly to the hearing officer or court
reporter by the party(s) assessed for such costs. The
assessments for travel expenses of Department officers and
employees shall be reimbursable to the Director of Insurance
for deposit to the fund out of which those expenses had been
paid.
(d) The provisions of this subsection (5) shall apply in
the case of any hearing conducted by the Director of
Insurance not otherwise specifically provided for by law.
(6) The Director shall charge and collect an annual
financial regulation fee from every domestic company for
examination and analysis of its financial condition and to
fund the internal costs and expenses of the Interstate
Insurance Receivership Commission as may be allocated to the
State of Illinois and companies doing an insurance business
in this State pursuant to Article X of the Interstate
Insurance Receivership Compact. The fee shall be the greater
fixed amount based upon the combination of nationwide direct
premium income and nationwide reinsurance assumed premium
income or upon admitted assets calculated under this
subsection as follows:
(a) Combination of nationwide direct premium income
and nationwide reinsurance assumed premium.
(i) $100, if the premium is less than $500,000
and there is no reinsurance assumed premium;
(ii) $500, if the premium is $500,000 or more,
but less than $5,000,000 and there is no reinsurance
assumed premium; or if the premium is less than
$5,000,000 and the reinsurance assumed premium is
less than $10,000,000;
(iii) $2,500, if the premium is less than
$5,000,000 and the reinsurance assumed premium is
$10,000,000 or more;
(iv) $5,000, if the premium is $5,000,000 or
more, but less than $10,000,000;
(v) $12,000, if the premium is $10,000,000 or
more, but less than $25,000,000;
(vi) $15,000, if the premium is $25,000,000 or
more, but less than $50,000,000;
(vii) $20,000, if the premium is $50,000,000
or more, but less than $100,000,000;
(viii) $25,000, if the premium is $100,000,000
or more.
(b) Admitted assets.
(i) $100, if admitted assets are less than
$1,000,000;
(ii) $500, if admitted assets are $1,000,000
or more, but less than $5,000,000;
(iii) 2,500, if admitted assets are $5,000,000
or more, but less than $25,000,000;
(iv) $5,000, if admitted assets are
$25,000,000 or more, but less than $50,000,000;
(v) $12,000, if admitted assets are
$50,000,000 or more, but less than $100,000,000;
(vi) $15,000, if admitted assets are
$100,000,000 or more, but less than $500,000,000;
(vii) $20,000, if admitted assets are
$500,000,000 or more, but less than $1,000,000,000;
(viii) $25,000, if admitted assets are
$1,000,000,000 or more.
(c) The sum of financial regulation fees charged to
the domestic companies of the same affiliated group shall
not exceed $100,000 in the aggregate in any single year
and shall be billed by the Director to the member company
designated by the group.
(7) The Director shall charge and collect an annual
financial regulation fee from every foreign or alien company,
except fraternal benefit societies, for the examination and
analysis of its financial condition and to fund the internal
costs and expenses of the Interstate Insurance Receivership
Commission as may be allocated to the State of Illinois and
companies doing an insurance business in this State pursuant
to Article X of the Interstate Insurance Receivership
Compact. The fee shall be a fixed amount based upon Illinois
direct premium income and nationwide reinsurance assumed
premium income in accordance with the following schedule:
(a) $100, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(b) $500, if the premium is $500,000 or more, but
less than $5,000,000 and there is no reinsurance assumed
premium; or if the premium is less than $5,000,000 and
the reinsurance assumed premium is less than $10,000,000;
(c) $2,500, if the premium is less than $5,000,000
and the reinsurance assumed premium is $10,000,000 or
more;
(d) $5,000, if the premium is $5,000,000 or more,
but less than $10,000,000;
(e) $12,000, if the premium is $10,000,000 or more,
but less than $25,000,000;
(f) $15,000, if the premium is $25,000,000 or more,
but less than $50,000,000;
(g) $20,000, if the premium is $50,000,000 or more,
but less than $100,000,000;
(h) $25,000, if the premium is $100,000,000 or
more.
The sum of financial regulation fees under this
subsection (7) charged to the foreign or alien companies
within the same affiliated group shall not exceed $100,000 in
the aggregate in any single year and shall be billed by the
Director to the member company designated by the group.
(8) Beginning January 1, 1992, the financial regulation
fees imposed under subsections (6) and (7) of this Section
shall be paid by each company or domestic affiliated group
annually. After January 1, 1994, the fee shall be billed by
Department invoice based upon the company's premium income or
admitted assets as shown in its annual statement for the
preceding calendar year. The invoice is due upon receipt and
must be paid no later than June 30 of each calendar year.
All financial regulation fees collected by the Department
shall be paid to the Insurance Financial Regulation Fund.
The Department may not collect financial examiner per diem
charges from companies subject to subsections (6) and (7) of
this Section undergoing financial examination after June 30,
1992.
(9) In addition to the financial regulation fee required
by this Section, a company undergoing any financial
examination authorized by law shall pay the following costs
and expenses incurred by the Department: electronic data
processing costs, the expenses authorized under Section
131.21 and subsection (d) of Section 132.4 of this Code, and
lodging and travel expenses.
Electronic data processing costs incurred by the
Department in the performance of any examination shall be
billed directly to the company undergoing examination for
payment to the Statistical Services Revolving Fund. Except
for direct reimbursements authorized by the Director or
direct payments made under Section 131.21 or subsection (d)
of Section 132.4 of this Code, all financial regulation fees
and all financial examination charges collected by the
Department shall be paid to the Insurance Financial
Regulation Fund.
All lodging and travel expenses shall be in accordance
with applicable travel regulations published by the
Department of Central Management Services and approved by the
Governor's Travel Control Board, except that out-of-state
lodging and travel expenses related to examinations
authorized under Sections 132.1 through 132.7 shall be in
accordance with travel rates prescribed under paragraph
301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
for reimbursement of subsistence expenses incurred during
official travel. All lodging and travel expenses may be
reimbursed directly upon the authorization of the Director.
In the case of an organization or person not subject to
the financial regulation fee, the expenses incurred in any
financial examination authorized by law shall be paid by the
organization or person being examined. The charge shall be
reasonably related to the cost of the examination including,
but not limited to, compensation of examiners and other costs
described in this subsection.
(10) Any company, person, or entity failing to make any
payment of $100 or more as required under this Section shall
be subject to the penalty and interest provisions provided
for in subsections (4) and (7) of Section 412.
(11) Unless otherwise specified, all of the fees
collected under this Section shall be paid into the Insurance
Financial Regulation Fund.
(12) For purposes of this Section:
(a) "Domestic company" means a company as defined
in Section 2 of this Code which is incorporated or
organized under the laws of this State, and in addition
includes a not-for-profit corporation authorized under
the Dental Service Plan Act, Pharmaceutical, or the
Voluntary Health Services Plans Act Service Plan Acts,
and a health maintenance organization, and a limited
health service organization.;
(b) "Foreign company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any state of the United States other
than this State and in addition includes a health
maintenance organization and a limited health service
organization which is incorporated or organized under the
laws of any state of the United States other than this
State.;
(c) "Alien company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any country other than the United
States.;
(d) "Fraternal benefit society" means a
corporation, society, order, lodge or voluntary
association as defined in Section 282.1 of this Code.;
(e) "Mutual benefit association" means a company,
association or corporation authorized by the Director to
do business in this State under the provisions of Article
XVIII of this Code.;
(f) "Burial society" means a person, firm,
corporation, society or association of individuals
authorized by the Director to do business in this State
under the provisions of Article XIX of this Code.; and
(g) "Farm mutual" means a district, county and
township mutual insurance company authorized by the
Director to do business in this State under the
provisions of the Farm Mutual Insurance Company Act of
1986.
(Source: P.A. 89-97, eff. 7-7-95; 89-247, eff. 1-1-96;
89-626, eff. 8-9-96; 90-177, eff. 7-23-97; 90-583, eff.
5-29-98; revised 10-31-98.)
(215 ILCS 5/415) (from Ch. 73, par. 1027)
Sec. 415. No taxes to be imposed by political
subdivisions sub-divisions. The fees, charges and taxes
provided for by this Article shall be in lieu of all license
fees or privilege or occupation taxes or other fees levied or
assessed by any municipality, county or other political
subdivision of this State, and no municipality, county or
other political subdivision of this State shall impose any
license fee or privilege or occupation tax or fee upon any
domestic, foreign or alien company, or upon any of its
agents, for the privilege of doing an insurance business
therein, except the tax authorized by Division 10 of Article
11 of the Illinois Municipal Code, as heretofore and
hereafter amended. This Section shall not be construed to
prohibit the levy and collection of:
(a) State, county or municipal taxes upon the real
and personal property of such a company, including the
tax imposed by Section Sec. 414 of this Code, and
(b) taxes for the purpose of maintaining the Office
of the State Fire Marshal of this State and paying the
expenses incident thereto.
(Source: Laws 1967, p. 2716; revised 2-25-98.)
(215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3)
Sec. 531.03. Coverage and limitations.
(1) This Article shall provide coverage for the policies
and contracts specified in paragraph (2) of this Section:
(a) to persons who, regardless of where they reside
(except for non-resident certificate holders under group
policies or contracts), are the beneficiaries, assignees
or payees of the persons covered under subparagraph
(1)(b), and
(b) to persons who are owners of or certificate
holders under such policies or contracts; or, in the case
of unallocated annuity contracts, to the persons who are
the contract holders, and who
(i) are residents of this State, or
(ii) are not residents, but only under all of
the following conditions:
(A) the insurers which issued such
policies or contracts are domiciled in this
State;
(B) such insurers never held a license or
certificate of authority in the states in which
such persons reside;
(C) such states have associations similar
to the association created by this Act; and
(D) such persons are not eligible for
coverage by such associations.
(2)(a) This Article shall provide coverage to the
persons specified in paragraph (l) of this Section for
direct, (i) nongroup life, health, annuity and supplemental
policies, or contracts, (ii) for certificates under direct
group policies or contracts, (iii) for unallocated annuity
contracts and (iv) for contracts to furnish health care
services and subscription certificates for medical or health
care services issued by persons licensed to transact
insurance business in this State under the Illinois Insurance
Code. Annuity contracts and certificates under group annuity
contracts include but are not limited to guaranteed
investment contracts, deposit administration contracts,
unallocated funding agreements, allocated funding agreements,
structured settlement agreements, lottery contracts and any
immediate or deferred annuity contracts.
(b) This Article shall not provide coverage for:
(i) that portion or part of such policies or
contracts under which the risk is borne by the
policyholder; provided however, that nothing in this
subparagraph (i) shall make this Article inapplicable to
assessment life and accident and health insurance
policies or contracts; or
(ii) any such policy or contract or part thereof
assumed by the impaired or insolvent insurer under a
contract of reinsurance, other than reinsurance for which
assumption certificates have been issued; or
(iii) any portion of a policy or contract to the
extent such portion represents an accrued value that the
rate of interest on which it is accrued
(A) averaged over the period of four years
prior to the date on which the Association becomes
obligated with respect to such policy or contract,
exceeds a rate of interest determined by subtracting
two percentage points from Moody's Corporate Bond
Yield Average averaged for that same four year
period or for such lesser period if the policy or
contract was issued less than four years before the
Association became obligated; and
(B) on and after the date on which the
Association becomes obligated with respect to such
policy or contract, exceeds the rate of interest
determined by subtracting three percentage points
from Moody's Corporate Bond Yield Average as most
recently available; or
(iv) any unallocated annuity contract issued to an
employee benefit plan protected under the federal Pension
Benefit Guaranty Corporation; or and
(v) any portion of any unallocated annuity contract
which is not issued to or in connection with a specific
employee, union or association of natural persons benefit
plan or a government lottery; or.
(vi) any burial society organized under Article XIX
of this Act, any fraternal benefit society organized
under Article XVII of this Act, any mutual benefit
association organized under Article XVIII of this Act,
and any foreign fraternal benefit society licensed under
Article VI of this Act; or
(vii) any health maintenance organization
established pursuant to the Health Maintenance
Organization Act including any health maintenance
organization business of a member insurer; or
(viii) any health services plan corporation
established pursuant to the Voluntary Health Services
Plans Act; or
(ix) (blank); or
(x) any dental service plan corporation established
pursuant to the Dental Service Plan Act; or
(xi) any stop-loss insurance, as defined in clause
(b) of Class 1 or clause (a) of Class 2 of Section 4, and
further defined in subsection (d) of Section 352; or
(xii) that portion or part of a variable life
insurance or variable annuity contract not guaranteed by
an insurer.
(3) The benefits for which the Association may become
liable shall in no event exceed the lesser of:
(a) the contractual obligations for which the
insurer is liable or would have been liable if it were
not an impaired or insolvent insurer, or
(b)(i) with respect to any one life, regardless of
the number of policies or contracts:
(A) $300,000 in life insurance death benefits,
but not more than $100,000 in net cash surrender and
net cash withdrawal values for life insurance;
(B) $300,000 in health insurance benefits,
including any net cash surrender and net cash
withdrawal values;
(C) $100,000 in the present value of annuity
benefits, including net cash surrender and net cash
withdrawal values;
(ii) with respect to each individual participating
in a governmental retirement plan established under
Section 401, 403(b) or 457 of the U.S. Internal Revenue
Code covered by an unallocated annuity contract or the
beneficiaries of each such individual if deceased, in the
aggregate, $100,000 in present value annuity benefits,
including net cash surrender and net cash withdrawal
values; provided, however, that in no event shall the
Association be liable to expend more than $300,000 in the
aggregate with respect to any one individual under
subparagraph (1) and this subparagraph;:
(iii) with respect to any one contract holder
covered by any unallocated annuity contract not included
in subparagraph (3)(b)(ii) of this Section above,
$5,000,000 in benefits, irrespective of the number of
such contracts held by that contract holder.
(Source: P.A. 90-177, eff. 7-23-97; revised 10-31-98.)
(215 ILCS 5/803.1)
Sec. 803.1. Establishment of Fund.
(a) There is established a fund to be known as the
"Illinois Mine Subsidence Insurance Fund". The Fund shall
operate pursuant to this Article. The Fund is authorized to
transact business, provide services, enter into contracts and
sue or be sued in its own name.
(b) The Fund shall provide reinsurance for mine
subsidence losses to all insurers writing mine subsidence
insurance pursuant to this Article.
(c) The monies in the Fund shall be derived from
premiums for mine subsidence insurance collected on behalf of
the Fund pursuant to this Article, from investment income and
from receipt of Federal or State funds. No insurer shall
have any liability to the Fund or to any creditor of the
Fund, except as may be set forth in this Article, in the
Articles of Governance which may be adopted by the Fund, in a
reinsurance agreement executed pursuant to Section paragraph
810.1, in the Plan of Operation established by the Fund, or
in the rules and procedures adopted by the Fund as authorized
by the reinsurance agreement.
(d) The Fund shall establish the rates, rating
schedules, deductibles and retentions, minimum premiums, and
classifications for mine subsidence insurance which the Fund
shall file with the Director. The Director shall have 30
days from the date of receipt to approve or disapprove a rate
filing. If no action is taken by the Director within 30
days, the rate is deemed to be approved. The Director may,
in writing, extend the period for an additional 30 days if
the Director determines that additional time is needed.
(e) The Fund shall establish its rates, rating
schedules, deductibles and retentions, minimum premiums, and
classification in such a manner as to satisfy all reasonably
foreseeable claims and expenses the Fund is likely to incur.
The Fund shall give due consideration to loss experience and
relevant trends, premium and other income and reasonable
reserves established for contingencies in establishing the
mine subsidence rates.
(f) The Fund shall compile and publish an annual
operating report.
(g) The Fund shall develop at least 2 consumer
information publications to aid the public in understanding
mine subsidence and mine subsidence insurance and shall
establish a schedule for the distribution of the publications
pursuant to the reinsurance agreement. Topics that shall be
addressed shall include but are not limited to:
(1) Descriptive information about mine subsidence,
and what benefits mine subsidence insurance provides to
the property owner.
(2) Information that will be useful to a
policyholder who has filed a mine subsidence claim, such
as information that explains the claim investigation
process and claim handling procedures.
(h) The Fund shall be empowered to conduct research
programs in an effort to improve the administration of the
mine subsidence insurance program and help reduce and
mitigate mine subsidence losses consistent with the public
interest.
(i) The Fund may enter into reinsurance agreements with
any intergovernmental cooperative that provides joint
self-insurance for mine subsidence losses of its members.
These reinsurance agreements shall be substantially similar
to reinsurance agreements described in Section 810.1.
(Source: P.A. 89-206, eff. 7-21-95; 90-499, eff. 8-19-97;
revised 10-31-98.)
(215 ILCS 5/807.1)
Sec. 807.1. Exemption of Certain Counties by the
Director. The Director shall exempt every policy insuring
residences, living units or commercial buildings located in
any county of 1,000,000 or more inhabitants or any county
contiguous to any such county, and, upon request of the Fund,
may exempt every policy insuring residences, living units or
commercial buildings located in any other specified county of
this State, from the provisions of Section paragraph 805.1 of
this Article.
(Source: P.A. 88-379; revised 10-31-98.)
(215 ILCS 5/810.1)
Sec. 810.1. Reinsurance Agreements. All insurers shall
enter into a reinsurance agreement with the Fund. The
reinsurance agreement shall be filed with and approved by the
Director. The agreement shall provide that each insurer
shall cede 100% of any subsidence insurance written up to the
limits contained in Section paragraph 805.1(c) to the Fund
and, in consideration of the ceding commission retained by
the insurer, agrees to distribute informational publications
provided by the Fund on a schedule set by the Fund, undertake
adjustment of losses, payment of taxes, and all other
expenses of the insurer necessary for sale of policies and
administration of the mine subsidence insurance coverage.
The Fund shall agree to reimburse the insurer for all amounts
reasonably and properly paid policyholders from claims
resulting from mine subsidence and for expenses specified in
the reinsurance agreement. In addition, the reinsurance
agreement may contain, and may authorize the Fund to
establish and promulgate deductibles. The reinsurance
agreement may also contain reasonable rules and procedures
covering insurer documentation of losses; insurer reporting
of claims, reports of litigation, premiums and loss payments;
loss payment review by the Fund; remitting of premiums to the
Fund; underwriting; and cause and origin investigations; and
procedures for resolving disputes between the insurers and
the Fund.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)
(215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
Sec. 1202. Duties. The Director shall:
(a) determine the relationship of insurance premiums and
related income as compared to insurance costs and expenses
and provide such information to the General Assembly and the
general public;
(b) study the insurance system in the State of Illinois,
and recommend to the General Assembly what it deems to be the
most appropriate and comprehensive cost containment system
for the State;
(c) respond to the requests by agencies of government
and the General Assembly for special studies and analysis of
data collected pursuant to this Article. Such reports shall
be made available in a form prescribed by the Director. The
Director may also determine a fee to be charged to the
requesting agency to cover the direct and indirect costs for
producing such a report, and shall permit affected insurers
the right to review the accuracy accurancy of the report
before it is released. The fees shall be deposited into the
Statistical Services Revolving Fund and credited to the
account of the Department of Insurance;
(d) make an interim report to the General Assembly no
later than August 15, 1987, and a annual report to the
General Assembly no later than April 15 every year thereafter
which shall include the Director's findings and
recommendations regarding its duties as provided under
subsections (a), (b), and (c) of this Section.
(Source: P.A. 84-1431; revised 10-31-98.)
(215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
Sec. 1204. (A) The Director shall promulgate rules and
regulations which shall require each insurer licensed to
write property or casualty insurance in the State and each
syndicate doing business on the Illinois Insurance Exchange
to record and report its loss and expense experience and
other data as may be necessary to assess the relationship of
insurance premiums and related income as compared to
insurance costs and expenses. The Director may designate one
or more rate service organizations or advisory organizations
to gather and compile such experience and data. The Director
shall require each insurer licensed to write property or
casualty insurance in this State and each syndicate doing
business on the Illinois Insurance Exchange to submit a
report, on a form furnished by the Director, showing its
direct writings in this State and companywide.
(B) Such report required by subsection (A) of this
Section may include, but not be limited to, the following
specific types of insurance written by such insurer:
(1) Political subdivision liability insurance
reported separately in the following categories:
(a) municipalities;
(b) school districts;
(c) other political subdivisions;.
(2) Public official liability insurance;
(3) Dram shop liability insurance;
(4) Day care center liability insurance;
(5) Labor, fraternal or religious organizations
liability insurance;
(6) Errors and omissions liability insurance;
(7) Officers and directors liability insurance
reported separately as follows:
(a) non-profit entities;
(b) for-profit entities;
(8) Products liability insurance;
(9) Medical malpractice insurance;
(10) Attorney malpractice insurance;
(11) Architects and engineers malpractice
insurance; and
(12) Motor vehicle insurance reported separately
for commercial and private passenger vehicles as follows:
(a) motor vehicle physical damage insurance;
(b) motor vehicle liability insurance.;
(C) Such report may include, but need not be limited to
the following data, both specific to this State and
companywide, in the aggregate or by type of insurance for the
previous year on a calendar year basis:
(1) Direct premiums written;
(2) Direct premiums earned;
(3) Number of policies;
(4) Net investment income, using appropriate
estimates where necessary;
(5) Losses paid;
(6) Losses incurred;
(7) Loss reserves:
(a) Losses unpaid on reported claims;
(b) Losses unpaid on incurred but not reported
claims;
(8) Number of claims:
(a) Paid claims;
(b) Arising claims;
(9) Loss adjustment expenses:
(a) Allocated loss adjustment expenses;
(b) Unallocated loss adjustment expenses;
(10) Net underwriting gain or loss;
(11) Net operation gain or loss, including net
investment income;
(12) Any other information requested by the
Director.
(D) In addition to the information which may be
requested under subsection (C), the Director may also request
on a companywide, aggregate basis, Federal Income Tax
recoverable, net realized capital gain or loss, net
unrealized capital gain or loss, and all other expenses not
requested in subsection (C) above.
(E) Violations - Suspensions - Revocations.
(1) Any company or person subject to this Article,
who willfully or repeatedly fails to observe or who
otherwise violates any of the provisions of this Article
or any rule or regulation promulgated by the Director
under authority of this Article or any final order of the
Director entered under the authority of this Article
shall by civil penalty forfeit to the State of Illinois a
sum not to exceed $1,000. Each day during which a
violation occurs constitutes a separate offense.
(2) No forfeiture liability under paragraph (1) of
this subsection may attach unless a written notice of
apparent liability has been issued by the Director and
received by the respondent, or the Director sends written
notice of apparent liability by registered or certified
mail, return receipt requested, to the last known address
of the respondent. Any respondent so notified must be
granted an opportunity to request a hearing within 10
days from receipt of notice, or to show in writing, why
he should not be held liable. A notice issued under this
Section must set forth the date, facts and nature of the
act or omission with which the respondent is charged and
must specifically identify the particular provision of
this Article, rule, regulation or order of which a
violation is charged.
(3) No forfeiture liability under paragraph (1) of
this subsection may attach for any violation occurring
more than 2 years prior to the date of issuance of the
notice of apparent liability and in no event may the
total civil penalty forfeiture imposed for the acts or
omissions set forth in any one notice of apparent
liability exceed $50,000.
(4) All administrative hearings conducted pursuant
to this Article are subject to 50 Ill. Adm. Code 2402 and
all administrative hearings are subject to the
Administrative Review Law.
(5) The civil penalty forfeitures provided for in
this Section are payable to the General Revenue Fund of
the State of Illinois, and may be recovered in a civil
suit in the name of the State of Illinois brought in the
Circuit Court in Sangamon County or in the Circuit Court
of the county where the respondent is domiciled or has
its principal operating office.
(6) In any case where the Director issues a notice
of apparent liability looking toward the imposition of a
civil penalty forfeiture under this Section that fact may
not be used in any other proceeding before the Director
to the prejudice of the respondent to whom the notice was
issued, unless (a) the civil penalty forfeiture has been
paid, or (b) a court has ordered payment of the civil
penalty forfeiture and that order has become final.
(7) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with a lawful order of the
Director requiring compliance with this Article, entered
after notice and hearing, within the period of time
specified in the order, the Director may, in addition to
any other penalty or authority provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company until
compliance with such order has been obtained.
(8) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with any provisions of this
Article, the Director may, after notice and hearing, in
addition to any other penalty provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company, until
compliance with such provision of this Article has been
obtained.
(9) No suspension or revocation under this Section
may become effective until 5 days from the date that the
notice of suspension or revocation has been personally
delivered or delivered by registered or certified mail to
the company or person. A suspension or revocation under
this Section is stayed upon the filing, by the company or
person, of a petition for judicial review under the
Administrative Review Law.
(Source: P.A. 88-313; revised 10-31-98.)
Section 118. The Illinois Health Insurance Portability
and Accountability Act is amended by changing Section 35 as
follows:
(215 ILCS 97/35)
Sec. 35. Disclosure of Information.
(A) Disclosure of information by health plan issuers.
In connection with the offering of any health insurance
coverage to a small employer, a health insurance issuer:
(1) shall make a reasonable disclosure to such
employer, as part of its solicitation and sales
materials, of the availability of information described
in subsection (B), and
(2) shall, upon request of such a small employer,
provide such information.
(B) Information described.
(1) In general. Subject to paragraph (3), with
respect to a health insurance issuer offering health
insurance coverage to a small employer, information
described in this subsection is information concerning:
(a) the provisions of such coverage concerning
issuer's right to change premium rates and the
factors that may affect changes in premium rates;
(b) the provisions of such coverage relating
to renewability of coverage;
(c) the provisions of such coverage relating
to any pre-existing condition exclusion; and
(d) the benefits and premiums available under
all health insurance coverage for which the employer
is qualified.
(2) Form of information. Information under this
subsection shall be provided to small employers in a
manner determined to be understandable by the average
small employer, and shall be sufficient to reasonably
inform small employers of their rights and obligations
under the health insurance coverage.
(3) Exception. An issuer is not required under
this Section to disclose any information that is
proprietary and trade secret information under applicable
law.
(Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)
Section 119. The Comprehensive Health Insurance Plan Act
is amended by changing Sections 2, 4, and 5 as follows:
(215 ILCS 105/2) (from Ch. 73, par. 1302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Plan administrator" means the insurer or third party
administrator designated under Section 5 of this Act.
"Benefits plan" means the coverage to be offered by the
Plan to eligible persons and federally eligible individuals
pursuant to this Act.
"Board" means the Illinois Comprehensive Health Insurance
Board.
"Church plan" has the same meaning given that term in the
federal Health Insurance Portability and Accountability Act
of 1996.
"Continuation coverage" means continuation of coverage
under a group health plan or other health insurance coverage
for former employees or dependents of former employees that
would otherwise have terminated under the terms of that
coverage pursuant to any continuation provisions under
federal or State law, including the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), as amended,
Sections 367.2 and 367e of the Illinois Insurance Code, or
any other similar requirement in another State.
"Covered person" means a person who is and continues to
remain eligible for Plan coverage and is covered under one of
the benefit plans offered by the Plan.
"Creditable coverage" means, with respect to a federally
eligible individual, coverage of the individual under any of
the following:
(A) A group health plan.
(B) Health insurance coverage (including group
health insurance coverage).
(C) Medicare.
(D) Medical assistance.
(E) Chapter 55 of title 10, United States Code.
(F) A medical care program of the Indian Health
Service or of a tribal organization.
(G) A state health benefits risk pool.
(H) A health plan offered under Chapter 89 of title
5, United States Code.
(I) A public health plan (as defined in regulations
consistent with Section 104 of the Health Care
Portability and Accountability Act of 1996 that may be
promulgated by the Secretary of the U.S. Department of
Health and Human Services).
(J) A health benefit plan under Section 5(e) of the
Peace Corps Act (22 U.S.C. 2504(e)).
(K) Any other qualifying coverage required by the
federal Health Insurance Portability and Accountability
Act of 1996, as it may be amended, or regulations under
that Act.
"Creditable coverage" does not include coverage
consisting solely of coverage of excepted benefits (as
defined in Section 2791(c) of title XXVII of the Public
Health Service Act (42 U.S.C. 300 gg-91) nor does it include
any period of coverage under any of items (A) through (K)
that occurred before a break of more than 63 days during all
of which the individual was not covered under any of items
(A) through (K) above. Any period that an individual is in a
waiting period for any coverage under a group health plan (or
for group health insurance coverage) or is in an affiliation
period under the terms of health insurance coverage offered
by a health maintenance organization shall not be taken into
account in determining if there has been a break of more than
63 days in any credible coverage.
"Department" means the Illinois Department of Insurance.
"Dependent" means an Illinois resident: who is a spouse;
or who is claimed as a dependent by the principal insured for
purposes of filing a federal income tax return and resides in
the principal insured's household, and is a resident
unmarried child under the age of 19 years; or who is an
unmarried child who also is a full-time student under the age
of 23 years and who is financially dependent upon the
principal insured; or who is a child of any age and who is
disabled and financially dependent upon the principal
insured.
"Direct Illinois premiums" means, for Illinois business,
an insurer's direct premium income for the kinds of business
described in clause (b) of Class 1 or clause (a) of Class 2
of Section 4 of the Illinois Insurance Code, and direct
premium income of a health maintenance organization or a
voluntary health services plan, except it shall not include
credit health insurance as defined in Article IX 1/2 of the
Illinois Insurance Code.
"Director" means the Director of the Illinois Department
of Insurance.
"Eligible person" means a resident of this State who
qualifies for Plan coverage under Section 7 of this Act.
"Employee" means a resident of this State who is employed
by an employer or has entered into the employment of or works
under contract or service of an employer including the
officers, managers and employees of subsidiary or affiliated
corporations and the individual proprietors, partners and
employees of affiliated individuals and firms when the
business of the subsidiary or affiliated corporations, firms
or individuals is controlled by a common employer through
stock ownership, contract, or otherwise.
"Employer" means any individual, partnership,
association, corporation, business trust, or any person or
group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which
one or more persons is gainfully employed.
"Family" coverage means the coverage provided by the Plan
for the covered person and his or her eligible dependents who
also are covered persons.
"Federally eligible individual" means an individual
resident of this State:
(1)(A) for whom, as of the date on which the
individual seeks Plan coverage under Section 15 of this
Act, the aggregate of the periods of creditable coverage
is 18 or more months, and (B) whose most recent prior
creditable coverage was under group health insurance
coverage offered by a health insurance issuer, a group
health plan, a governmental plan, or a church plan (or
health insurance coverage offered in connection with any
such plans) or any other type of creditable coverage that
may be required by the federal Health Insurance
Portability and Accountability Act of 1996, as it may be
amended, or the regulations under that Act;
(2) who is not eligible for coverage under (A) a
group health plan, (B) part A or part B of Medicare, or
(C) medical assistance, and does not have other health
insurance coverage;
(3) with respect to whom the most recent coverage
within the coverage period described in paragraph (1)(A)
of this definition was not terminated based upon a factor
relating to nonpayment of premiums or fraud;
(4) if the individual had been offered the option
of continuation coverage under a COBRA continuation
provision or under a similar State program, who elected
such coverage; and
(5) who, if the individual elected such
continuation coverage, has exhausted such continuation
coverage under such provision or program.
"Group health plan" has the same meaning given that term
in the federal Health Insurance Portability and
Accountability Act of 1996.
"Governmental plan" has the same meaning given that term
in the federal Health Insurance Portability and
Accountability Act of 1996.
"Health insurance" means any hospital and medical
expense-incurred policy, certificate, or contract provided by
an insurer, non-profit health care service plan contract,
health maintenance organization or other subscriber contract,
or any other health care plan or arrangement that pays for or
furnishes medical or health care services whether by
insurance or otherwise. Health insurance shall not include
short term, accident only, disability income, hospital
confinement or fixed indemnity, dental only, vision only,
limited benefit, or credit insurance, coverage issued as a
supplement to liability insurance, insurance arising out of a
workers' compensation or similar law, automobile
medical-payment insurance, or insurance under which benefits
are payable with or without regard to fault and which is
statutorily required to be contained in any liability
insurance policy or equivalent self-insurance.
"Health insurance coverage" means benefits consisting of
medical care (provided directly, through insurance or
reimbursement, or otherwise and including items and services
paid for as medical care) under any hospital or medical
service policy or certificate, hospital or medical service
plan contract, or health maintenance organization contract
offered by a health insurance issuer.
"Health insurance issuer" means an insurance company,
insurance service, or insurance organization (including a
health maintenance organization and a voluntary health
services plan) that is authorized to transact health
insurance business in this State. Such term does not include
a group health plan.
"Health Maintenance Organization" means an organization
as defined in the Health Maintenance Organization Act.
"Hospice" means a program as defined in and licensed
under the Hospice Program Licensing Act.
"Hospital" means a duly licensed institution as defined
in the Hospital Licensing Act, an institution that meets all
comparable conditions and requirements in effect in the state
in which it is located, or the University of Illinois
Hospital as defined in the University of Illinois Hospital
Act.
"Individual health insurance coverage" means health
insurance coverage offered to individuals in the individual
market, but does not include short-term, limited-duration
insurance.
"Insured" means any individual resident of this State who
is eligible to receive benefits from any insurer (including
health insurance coverage offered in connection with a group
health plan) or health insurance issuer as defined in this
Section.
"Insurer" means any insurance company authorized to
transact health insurance business in this State and any
corporation that provides medical services and is organized
under the Voluntary Health Services Plans Act or the Health
Maintenance Organization Act.
"Medical assistance" means the State medical assistance
or medical assistance no grant (MANG) programs provided under
Title XIX of the Social Security Act and Articles V (Medical
Assistance) and VI (General Assistance) of the Illinois
Public Aid Code (or any successor program) or under any
similar program of health care benefits in a state other than
Illinois.
"Medically necessary" means that a service, drug, or
supply is necessary and appropriate for the diagnosis or
treatment of an illness or injury in accord with generally
accepted standards of medical practice at the time the
service, drug, or supply is provided. When specifically
applied to a confinement it further means that the diagnosis
or treatment of the covered person's medical symptoms or
condition cannot be safely provided to that person as an
outpatient. A service, drug, or supply shall not be medically
necessary if it: (i) is investigational, experimental, or for
research purposes; or (ii) is provided solely for the
convenience of the patient, the patient's family, physician,
hospital, or any other provider; or (iii) exceeds in scope,
duration, or intensity that level of care that is needed to
provide safe, adequate, and appropriate diagnosis or
treatment; or (iv) could have been omitted without adversely
affecting the covered person's condition or the quality of
medical care; or (v) involves the use of a medical device,
drug, or substance not formally approved by the United States
Food and Drug Administration.
"Medical care" means the ordinary and usual professional
services rendered by a physician or other specified provider
during a professional visit for treatment of an illness or
injury.
"Medicare" means coverage under both Part A and Part B of
Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395,
et seq..
"Minimum premium plan" means an arrangement whereby a
specified amount of health care claims is self-funded, but
the insurance company assumes the risk that claims will
exceed that amount.
"Participating transplant center" means a hospital
designated by the Board as a preferred or exclusive provider
of services for one or more specified human organ or tissue
transplants for which the hospital has signed an agreement
with the Board to accept a transplant payment allowance for
all expenses related to the transplant during a transplant
benefit period.
"Physician" means a person licensed to practice medicine
pursuant to the Medical Practice Act of 1987.
"Plan" means the Comprehensive Health Insurance Plan
established by this Act.
"Plan of operation" means the plan of operation of the
Plan, including articles, bylaws and operating rules, adopted
by the board pursuant to this Act.
"Provider" means any hospital, skilled nursing facility,
hospice, home health agency, physician, registered pharmacist
acting within the scope of that registration, or any other
person or entity licensed in Illinois to furnish medical
care.
"Qualified high risk pool" has the same meaning given
that term in the federal Health Insurance Portability and
Accountability Act of 1996.
"Resident eligible person" means a person who has been
legally domiciled in this State for a period of at least 180
days and continues to be domiciled in this State.
"Skilled nursing facility" means a facility or that
portion of a facility that is licensed by the Illinois
Department of Public Health under the Nursing Home Care Act
or a comparable licensing authority in another state to
provide skilled nursing care.
"Stop-loss coverage" means an arrangement whereby an
insurer insures against the risk that any one claim will
exceed a specific dollar amount or that the entire loss of a
self-insurance plan will exceed a specific amount.
"Third party administrator" means an administrator as
defined in Section 511.101 of the Illinois Insurance Code who
is licensed under Article XXXI 1/4 of that Code.
(Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)
(215 ILCS 105/4) (from Ch. 73, par. 1304)
Sec. 4. Powers and authority of the board. The board
shall have the general powers and authority granted under the
laws of this State to insurance companies licensed to
transact health and accident insurance and in addition
thereto, the specific authority to:
a. Enter into contracts as are necessary or proper to
carry out the provisions and purposes of this Act, including
the authority, with the approval of the Director, to enter
into contracts with similar plans of other states for the
joint performance of common administrative functions, or with
persons or other organizations for the performance of
administrative functions including, without limitation,
utilization review and quality assurance programs, or with
health maintenance organizations or preferred provider
organizations for the provision of health care services.
b. Sue or be sued, including taking any legal actions
necessary or proper.
c. Take such legal action as necessary to:
(1) avoid the payment of improper claims against
the plan or the coverage provided by or through the plan;
(2) to recover any amounts erroneously or
improperly paid by the plan; or
(3) to recover any amounts paid by the plan as a
result of a mistake of fact or law; or
(4) to recover or collect any other amounts,
including assessments, that are due or owed the Plan or
have been billed on its or the Plan's behalf.
d. Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, agents' referral fees, claim
reserves, and formulas and any other actuarial function
appropriate to the operation of the plan. Rates and rate
schedules may be adjusted for appropriate risk factors such
as age and area variation in claim costs and shall take into
consideration appropriate risk factors in accordance with
established actuarial and underwriting practices.
e. Issue policies of insurance in accordance with the
requirements of this Act.
f. Appoint appropriate legal, actuarial and other
committees as necessary to provide technical assistance in
the operation of the plan, policy and other contract design,
and any other function within the authority of the plan.
g. Borrow money to effect the purposes of the Illinois
Comprehensive Health Insurance Plan. Any notes or other
evidence of indebtedness of the plan not in default shall be
legal investments for insurers and may be carried as admitted
assets.
h. Establish rules, conditions and procedures for
reinsuring risks under this Act.
i. Employ and fix the compensation of employees. Such
employees may be paid on a warrant issued by the State
Treasurer pursuant to a payroll voucher certified by the
Board and drawn by the Comptroller against appropriations or
trust funds held by the State Treasurer.
j. Enter into intergovernmental cooperation agreements
with other agencies or entities of State government for the
purpose of sharing the cost of providing health care services
that are otherwise authorized by this Act for children who
are both plan participants and eligible for financial
assistance from the Division of Specialized Care for Children
of the University of Illinois.
k. Establish conditions and procedures under which the
plan may, if funds permit, discount or subsidize premium
rates that are paid directly by senior citizens, as defined
by the Board, and other plan participants, who are retired or
unemployed and meet other qualifications.
l. Establish and maintain the Plan Fund authorized in
Section 3 of this Act, which shall be divided into separate
accounts, as follows:
(1) accounts to fund the administrative, claim, and
other expenses of the Plan associated with eligible
persons who qualify for Plan coverage under Section 7 of
this Act, which shall consist of:
(A) premiums paid on behalf of covered
persons;
(B) appropriated funds and other revenues
collected or received by the Board;
(C) reserves for future losses maintained by
the Board; and
(D) interest earnings from investment of the
funds in the Plan Fund or any of its accounts other
than the funds in the account established under item
2 of this subsection;.
(2) an account, to be denominated the federally
eligible individuals account, to fund the administrative,
claim, and other expenses of the Plan associated with
federally eligible individuals who qualify for Plan
coverage under Section 15 of this Act, which shall
consist of:
(A) premiums paid on behalf of covered
persons;
(B) assessments and other revenues collected
or received by the Board;
(C) reserves for future losses maintained by
the Board; and
(D) interest earnings from investment of the
federally eligible individuals account funds; and
(3) such other accounts as may be appropriate.
m. Charge and collect assessments paid by insurers
pursuant to Section 12 of this Act and recover any
assessments for, on behalf of, or against those insurers.
(Source: P.A. 89-628, eff. 8-9-96; 90-30, eff. 7-1-97;
revised 10-31-98.)
(215 ILCS 105/5) (from Ch. 73, par. 1305)
Sec. 5. Plan administrator.
a. The board shall select a plan administrator through a
competitive bidding process to administer the plan. The
board shall evaluate bids submitted under this Section based
on criteria established by the board which shall include:
(1) The plan administrator's proven ability to
handle other large group accident and health benefit
plans.
(2) The efficiency and timeliness of the plan
administrator's claim processing procedures.
(3) An estimate of total net cost for administering
the plan, including any discounts or income the Plan
could expect to receive or benefit from.
(4) The plan administrator's ability to apply
effective cost containment programs and procedures and to
administer the plan in a cost-efficient manner.
(5) The financial condition and stability of the
plan administrator.
b. The plan administrator shall serve for a period of 5
years subject to removal for cause and subject to the terms,
conditions and limitations of the contract between the board
and the plan administrator. At least one year prior to the
expiration of each 5 year period of service by the current
plan administrator, the board shall begin to advertise for
bids to serve as the plan administrator for the succeeding 5
year period. Selection of the plan administrator for the
succeeding period shall be made at least 6 months prior to
the end of the current 5 year period.
c. The plan administrator shall perform such functions
relating to the plan as may be assigned to it including:
(1) establishment of a premium billing procedure
for collection of premiums from plan participants.
Billings shall be made on a periodic basis as determined
by the board;
(2) payment and processing of claims and various
cost containment functions; and
(3) other functions to assure timely payment of
benefits to participants under the plan, including:
(a) making available information relating to
the proper manner of submitting a claim for benefits
under the plan and distributing forms upon which
submissions shall be made, and.
(b) evaluating the eligibility of each claim
for payment under the plan.
(c) The plan administrator shall be governed by the
requirements of Part 919 of Title 50 of the Illinois
Administrative Code, promulgated by the Department of
Insurance, regarding the handling of claims under this Act.
d. The plan administrator shall submit regular reports
to the board regarding the operation of the plan. The
frequency, content and form of the report shall be as
determined by the board.
e. The plan administrator shall pay or be reimbursed for
claims expenses from the premium payments received from or on
behalf of plan participants. If the plan administrator's
payments or reimbursements for claims expenses exceed the
portion of premiums allocated by the board for payment of
claims expenses, the board shall provide additional funds to
the plan administrator for payment or reimbursement of such
claims expenses.
f. The plan administrator shall be paid as provided in
the contract between the Board and the plan administrator.
(Source: P.A. 90-30, eff. 7-1-97; 90-567, eff. 1-23-98;
revised 2-16-98.)
Section 120. The Health Maintenance Organization Act is
amended by changing Sections 1-3, 2-7, 4-4, and 5-3 as
follows:
(215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
Sec. 1-3. Definitions of admitted assets. "Admitted
Assets" includes the investments authorized or permitted by
Section 3-1 of this Act and, in addition thereto, only the
following:
(a) Petty cash and other cash funds in the
organization's principal or any official branch office and
under the control of the organization.
(b) Immediately withdrawable funds on deposit in demand
accounts, in a bank or trust company as defined in paragraph
(3) of subsection (g) of Section 3-1 or like funds actually
in the principal or any official branch office at statement
date, and, in transit to such bank or trust company with
authentic deposit credit given prior to the close of business
on the fifth bank working day following the statement date.
(c) The amount fairly estimated as recoverable on cash
deposited in a closed bank or trust company, if qualifying
under the provisions of this Section Sec. prior to the
suspension of such bank or trust company.
(d) Bills and accounts receivable collateralized by
securities of the kind in which the organization is
authorized to invest.
(e) Premiums receivable from groups or individuals which
are not more than 60 days past due. Premiums receivable from
the United States, any state thereof or any political
subdivision of either which is not more than 90 days past
due.
(f) Amounts due under insurance policies or reinsurance
arrangements from insurance companies authorized to do
business in this State.
(g) Tax refunds due from the United States, any state or
any political subdivision thereof.
(h) The interest accrued on mortgage loans conforming to
Section 3-1 of this Act, not exceeding in aggregate amount on
an individual loan of one year's total due and accrued
interest.
(i) The rents accrued and owing to the organization on
real and personal property, directly or beneficially owned,
not exceeding on each individual property the amount of one
year's total due and accrued rent.
(j) Interest or rents accrued on conditional sales
agreements, security interests, chattel mortgages and real or
personal property under lease to other corporations, all
conforming to Section 3-1 of this Act, and not exceeding on
any individual investment, the amount of one year's total due
and accrued interest or rent.
(k) The fixed and required interest due and accrued on
bonds and other like evidences of indebtedness, conforming to
Section 3-1 of this Act, and not in default.
(l) Dividends receivable on shares of stock conforming
to Section 3-1 of this Act; provided that the market price
taken for valuation purposes does not include the value of
the dividend.
(m) The interest or dividends due and payable, but not
credited, on deposits in banks and trust companies or on
accounts with savings and loan associations.
(n) Interest accrued on secured loans conforming to this
Act, not exceeding the amount of one year's interest on any
loan.
(o) Interest accrued on tax anticipation warrants.
(p) The amortized value of electronic computer or data
processing machines or systems purchased for use in
connection with the business of the organization, including
software purchased and developed specifically for the
organization's use and purposes.
(q) The cost of furniture, equipment and medical
equipment, less accumulated depreciation thereon, and
medical and pharmaceutical supplies that are used in the
delivery of health care and under the control of the
organization, provided such assets do not exceed 30% of
admitted assets.
(r) Amounts due from affiliates pursuant to management
contracts or service agreements which meet the requirements
of Section 141.1 of the Illinois Insurance Code to the extent
that the affiliate has liquid assets with which to pay the
balance and maintain its accounts on a current basis;
provided that the aggregate amount due from affiliates may
not exceed the lesser of 10% of the organization's admitted
assets or 25% of the organization's net worth as defined in
Section 3-1. Any amount outstanding more than 3 months shall
be deemed not current. For purpose of this subsection
"affiliates" are as defined in Article VIII 1/2 of the
Illinois Insurance Code.
(s) Intangible assets, including, but not limited to,
organization goodwill and purchased goodwill, to the extent
reported in the most recent annual or quarterly financial
statement filed with the Director preceding the effective
date of this Amendatory Act of 1987. However, such assets
shall be amortized, by the straight-line method, to a value
of zero no later than December 31, 1990; provided, however,
that no organization shall be required pursuant to the
foregoing provision to amortize such assets in an amount
greater than $300,000 in any one year, and in cases where
amortization of such assets by December 31, 1990 would
otherwise require amortization of an annual amount in excess
of $300,000, the organization shall be required only to
amortize such assets at a rate of $300,000 per year until all
such assets have been amortized to a value of zero, unless
the continuation of the current amortization schedule would
result in an earlier zero value, in which case the current
amortization schedule shall be applied.
(t) Amounts due from patients or enrollees for health
care services rendered which are not more than 60 days past
due.
(u) Amounts advanced to providers under contract to the
organization for services to be rendered to enrollees
pursuant to the contract. Amounts advanced must be for
period of not more than 3 months and must be based on
historical or estimated utilization patterns with the
provider and must be reconciled against actual incurred
claims at least semi-annually. Amounts due in the aggregate
may not exceed 50% of the organization's net worth as defined
in Section 3-1. Amounts due from a single provider may not
exceed the lesser of 5% of the organization's admitted assets
or 10% of the organization's net worth.
(v) Cost reimbursement due from the Health Care
Financing Administration for furnishing covered medicare
services to medicare enrollees which are not more than twelve
months past due.
(w) Prepaid rent or lease payments no greater than 3
months in advance, on real property used for the
administration of the organizations business or for the
delivery of medical care.
(Source: P.A. 88-364; revised 10-31-98.)
(215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
Sec. 2-7. Annual statement; audited financial reports;
enrollment projections and budget; filings.
(a) Every Health Maintenance Organization shall
annually, on or before the first day of March, file 2
original copies of its annual statement with the Director
verified by at least two principal officers, covering the two
preceding calendar years. Such annual statement shall be on
forms prescribed by the Director and shall include: (1)
financial statements of the organization; (2) the number of
persons enrolled during the year, the number of enrollees at
the end of the year and the number of enrollments terminated
during the year; and (3) such other information relating to
the performance of the Health Maintenance Organization as is
necessary to enable the Director to carry out his duties
under this Act.
Any organization failing, without just cause, to file its
annual statement as required in this Act shall be required,
after notice and hearing, to pay a penalty of $100 for each
day's delay, to be recovered by the Director of Insurance of
the State of Illinois and the penalty so recovered shall be
paid into the General Revenue Fund of the State of Illinois.
The Director may reduce the penalty if the company
demonstrates to the Director that the imposition of the
penalty would constitute a financial hardship to the
organization.
An annual statement which is not materially complete when
filed shall not be considered to have been properly filed
until those deficiencies which make the filing incomplete
have been corrected and filed file.
(b) Audited financial reports shall be filed on or
before June 1 of each year for the two calendar years
immediately preceding and shall provide an opinion expressed
by an independent certified public accountant on the
accompanying financial statement of the Health Maintenance
Organization and a detailed reconciliation for any
differences between the accompanying financial statements and
each of the related financial statements filed in accordance
with subsection (a) of this Section. Any organization
failing, without just cause, to file the annual audited
financial statement as required in this Act shall be
required, after the notice and hearing, to pay a penalty of
$100 for each day's delay, to be recovered by the Director of
Insurance of the State of Illinois and the penalty so
recovered shall be paid into the General Revenue Fund of the
State of Illinois. The Director may reduce the penalty if
the organization demonstrates to the Director that the
imposition of the penalty would constitute a financial
hardship to the organization.
(c) The Director may require that additional summary
financial information be filed no more often than 3 times per
year on reporting forms provided by him. However, he may
request certain key information on a more frequent basis if
necessary for a determination of the financial viability of
the organization.
(d) The Director shall have the authority to extend the
time for filing any statement by any organization for reasons
which the Director considers good and sufficient.
(Source: P.A. 85-20; revised 10-31-98.)
(215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
Sec. 4-4. Sexual assault or abuse victims; coverage of
expenses; recovery of State funds; reimbursement of
Department of Public Health.
(1) Contracts or evidences of coverage issued by a
health maintenance organization, which provide benefits for
health care services, shall to the full extent of coverage
provided for any other emergency or accident care, provide
for the payment of actual expenses incurred, without offset
or reduction for benefit deductibles or co-insurance amounts,
in the examination and testing of a victim of an offense
defined in Sections 12-13 through 12-16 of the Criminal Code
of 1961, as now or hereafter amended, or an attempt to commit
such offense, to establish that sexual contact did occur or
did not occur, and to establish the presence or absence of
sexually transmitted disease or infection, and examination
and treatment of injuries and trauma sustained by a victim of
such offense.
(2) For purposes of enabling the recovery of State
funds, any health maintenance organization subject to this
Section shall upon reasonable demand by the Department of
Public Health disclose the names and identities of its
enrollees entitled to benefits under this provision to the
Department of Public Health whenever the Department of Public
Health has determined that it has paid, or is about to pay
for, health care services for which a health maintenance
organization is liable under this Section. All information
received by the Department of Public Health under this
provision shall be held on a confidential basis and shall not
be subject to subpoena and shall not be made public by the
Department of Public Health or used for any purpose other
than that authorized by this Section.
(3) Whenever the Department of Public Health finds that
it has paid for all or part of any health care services for
which a health maintenance organization is obligated to pay
under this Section, the Department of Public Health shall be
entitled to receive reimbursement for its payments from such
organization provided that the Department of Public Health
has notified the organization of its claims before the
organization has paid such benefits to its enrollees or in
behalf of its enrollees.
(Source: P.A. 89-187, eff. 7-19-95; revised 2-25-98.)
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
367i, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
and 444.1, paragraph (c) of subsection (2) of Section 367,
and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except
for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health Maintenance Organizations in the following categories
are deemed to be "domestic companies":
(1) a corporation authorized under the Dental
Service Plan Act or the Voluntary Health Services Plans
Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of
another state, 30% or more of the enrollees of which are
residents of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article
VIII 1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration
to the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b)
of Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require
the following information:
(A) certification by an independent actuary of
the adequacy of the reserves of the Health
Maintenance Organization sought to be acquired;
(B) pro forma financial statements reflecting
the combined balance sheets of the acquiring company
and the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as
of a date 90 days prior to the acquisition, as well
as pro forma financial statements reflecting
projected combined operation for a period of 2
years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the
operation of the Health Maintenance Organization
sought to be acquired for a period of not less than
3 years; and
(D) such other information as the Director
shall require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale
by any health maintenance organization of greater than 10% of
its enrollee population (including without limitation the
health maintenance organization's right, title, and interest
in and to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to
enrollees and the financial condition of the health
maintenance organization to be managed or serviced, and (ii)
need not take into account the effect of the management
contract or service agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions
with respect to, the refund or additional premium are set
forth in the group or enrollment unit contract agreed in
advance of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to
be made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the
profitable or unprofitable experience may be calculated
taking into account the refund period and the immediately
preceding 2 plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay
any refund authorized under this Section.
(Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98;
90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff.
5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; revised
9-8-98.)
Section 121. The Public Utilities Act is amended by
changing Sections 4-304, 4-501, 4-502, 7-102, 7-106, 9-241,
and 13-403 as follows:
(220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
Sec. 4-304. Beginning in 1986, the Commission shall
prepare an annual report which shall be filed by January 31
of each year with the Joint Committee on Legislative Support
Services of the General Assembly, the Public Counsel and the
Governor and which shall be publicly available. Such report
shall include:
(1) A general review of agency activities and changes,
including:
(a) a review of significant decisions and other
regulatory actions for the preceding year, and pending
cases, and an analysis of the impact of such decisions
and actions, and potential impact of any significant
pending cases;
(b) for each significant decision, regulatory
action and pending case, a description of the positions
advocated by major parties, including Commission staff,
and for each such decision rendered or action taken, the
position adopted by the Commission and reason therefor
therefore;
(c) a description of the Commission's budget,
caseload, and staff levels, including specifically:
(i) a breakdown by type of case of the cases
resolved and filed during the year and of pending
cases;
(ii) a description of the allocation of the
Commission's budget, identifying amounts budgeted
for each significant regulatory function or activity
and for each department, bureau, section, division
or office of the Commission and its employees;
(iii) a description of current employee
levels, identifying any change occurring during the
year in the number of employees, personnel policies
and practices or compensation levels; and
identifying the number and type of employees
assigned to each Commission regulatory function and
to each department, bureau, section, division or
office of the Commission;
(d) a description of any significant changes in
Commission policies, programs or practices with respect
to agency organization and administration, hearings and
procedures or substantive regulatory activity.;
(2) A discussion and analysis of the state of each
utility industry regulated by the Commission and significant
changes, trends and developments therein, including the
number and types of firms offering each utility service,
existing, new and prospective technologies, variations in the
quality, availability and price for utility services in
different geographic areas of the State, and any other
industry factors or circumstances which may affect the public
interest or the regulation of such industries.
(3) A specific discussion of the energy planning
responsibilities and activities of the Commission and energy
utilities, including:
(a) the extent to which conservation, cogeneration,
renewable energy technologies and improvements in energy
efficiency are being utilized by energy consumers, the
extent to which additional potential exists for the
economical utilization of such supplies, and a
description of existing and proposed programs and
policies designed to promote and encourage such
utilization;
(b) a description of each energy plan filed with
the Commission pursuant to the provisions of this Act,
and a copy, or detailed summary of the most recent energy
plans adopted by the Commission; and
(c) a discussion of the powers by which the
Commission is implementing the planning responsibilities
of Article VIII, including a description of the staff and
budget assigned to such function, the procedures by which
Commission staff reviews and analyzes energy plans
submitted by the utilities, the Department of Natural
Resources, and any other person or party.
(4) A discussion of the extent to which utility services
are available to all Illinois citizens including:
(a) the percentage and number of persons or
households requiring each such service who are not
receiving such service, and the reasons therefore,
including specifically the number of such persons or
households who are unable to afford such service;
(b) a critical analysis of existing programs
designed to promote and preserve the availability and
affordability of utility services; and
(c) an analysis of the financial impact on
utilities and other ratepayers of the inability of some
customers or potential customers to afford utility
service, including the number of service disconnections
and reconnections, and cost thereof and the dollar amount
of uncollectible accounts recovered through rates.
(5) A detailed description of the means by which the
Commission is implementing its new statutory responsibilities
under this Act, and the status of such implementation,
including specifically:
(a) Commission reorganization resulting from the
addition of an Executive Director and hearing examiner
qualifications and review;.
(b) Commission responsibilities for construction
and rate supervision, including construction cost audits,
management audits, excess capacity adjustments, phase-ins
of new plant and the means and capability for monitoring
and reevaluating existing or future construction
projects;.
(c) promulgation and application of rules
concerning ex parte communications, circulation of
recommended orders and transcription of closed meetings.
(6) A description of all appeals taken from Commission
orders, findings or decisions and the status and outcome of
such appeals.
(7) A description of the status of all studies and
investigations required by this Act, including those ordered
pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all
such subsequently ordered studies or investigations.
(8) A discussion of new or potential developments in
federal legislation, and federal agency and judicial
decisions relevant to State regulation of utility services.
(9) All recommendations for appropriate legislative
action by the General Assembly.
The Commission may include such other information as it
deems to be necessary or beneficial in describing or
explaining its activities or regulatory responsibilities. The
report required by this Section shall be adopted by a vote of
the full Commission prior to filing.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(220 ILCS 5/4-501)
Sec. 4-501. Small public utilities and
telecommunications carriers; circuit court appointment of
receiver; bond.
(a) If a public utility or telecommunications carrier
that has fewer than 7,500 customers:
(1) is unable or unwilling to provide safe,
adequate, or reliable service;
(2) no longer possesses sufficient technical,
financial, or managerial resources and abilities to
provide safe, adequate, or reliable service;
(3) has been actually or effectively abandoned by
its owners or operators;
(4) has defaulted on a bond, note, or loan issued
or guaranteed by a department, office, commission, board,
authority, or other unit of State government;
(5) has failed to comply, within a reasonable
period of time, with an order of the Commission
concerning the safety, adequacy, efficiency, or
reasonableness of service; or
(6) has allowed property owned or controlled by it
to be used in violation of a final order of the
Commission;
the Commission may file a petition for receivership and a
verifying affidavit executed by the executive director of the
Commission or a person designated by the executive director
asking the circuit court for an order attaching the assets of
the public utility or telecommunications carrier and placing
the public utility or telecommunications carrier under the
control and responsibility of a receiver.
(b) The court shall hold a hearing within 5 days of the
filing of the petition. The petition and notice of the
hearing shall be served upon the owner or designated agent of
the public utility or telecommunications carrier as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous area at a location
where the public utility or telecommunications carrier
normally conducts its business affairs, not later than 3 days
before the time specified for the hearing unless a different
period is fixed by order of court.
If a petition for receivership and verifying affidavit
executed by the executive director of the Commission or the
person designated by the executive director allege an
immediate and serious danger to residents constituting an
emergency, the court shall set the matter for hearing within
3 days and may appoint a temporary receiver ex parte upon the
strength of the petition and affidavit pending a full
evidentiary hearing. The court shall hold a full evidentiary
hearing on the petition within 5 days of the appointment of
the temporary receiver. The public utility or
telecommunications carrier shall be served with the petition,
affidavit, and notice of hearing in the manner provided in
this subsection not later than 3 days before the time
specified for the full evidentiary hearing, unless a
different period is fixed by order of court.
(c) After a hearing, the court shall determine whether
to grant the petition. A receiver appointed under this
Section shall be a responsible person, partnership, or
corporation knowledgeable in the operation of the type of
public utility or telecommunications carrier that is the
subject of the petition for receivership.
(d) A receiver appointed by the court shall file a bond.
The receiver shall operate the public utility or
telecommunications carrier to preserve its assets and to
serve the best interests of its customers. The receiver
appointed shall directly or by its agents and attorneys enter
upon and take possession of the public utility's or
telecommunications carrier's facilities and operations and
may exclude from the public utility's or telecommunications
carrier's facilities any or all of the public utility's or
telecommunications carrier's officers, agents, or employees
and all persons claiming under them. The receiver shall have
possession and control the facilities and shall exercise all
rights and powers with respect to the facilities that could
be exercised by the public utility or telecommunications
carrier. The receiver shall maintain, restore, insure, and
make all proper repairs to the public utility or
telecommunications facilities. The receiver shall have the
powers and duties necessary for the continued operation of
the public utility or telecommunications carrier and the
provision of continuous and adequate services to customers.
(e) The receiver shall, in the performance of the powers
conferred, act under the supervision of the court making the
appointment. The receiver is at all times subject to the
orders of the court and may be removed by the court. The
court may enter other orders that it considers appropriate
for the exercise by the receiver of functions specifically
set forth in this Section. The receiver shall be compensated
from the assets of the public utility or telecommunications
carrier in an amount to be determined by the court. In
addition, in a suit, action, or proceeding by or against the
receiver of a public utility or telecommunications carrier,
the fees, counsel fees, and expenses of the receiver, if any,
that are incurred to prosecute or defend the suit, action, or
proceeding shall be paid out of the assets of the public
utility or telecommunications carrier.
(f) If the receiver determines that the public utility's
or telecommunications carrier's actions that caused it to be
placed under the control and responsibility of the receiver
were due to misappropriation or wrongful diversion of the
assets or income of the company or to other misconduct by a
director, officer, or manager of the company, the receiver
shall file a petition with the circuit court that issued the
order of receivership for an order that the director,
officer, or manager be ordered to pay compensatory damages to
the company because of the misappropriation, diversion, or
misconduct.
(g) Control of and responsibility for the public utility
or telecommunications carrier shall remain in the receiver
until, upon a showing of good cause by the public utility or
telecommunications carrier, the court determines that it is
in the best interests of its customers that the public
utility or telecommunications carrier be returned to the
owners or the court determines that the receiver is no longer
required. The court may also direct the receiver to liquidate
the assets of the public utility or telecommunications
carrier in the manner provided by law.
(h) The appointment of a receiver shall be in addition
to any other remedies provided by law.
(Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)
(220 ILCS 5/4-502)
Sec. 4-502. Small public utility or telecommunications
carrier; acquisition by capable utility; Commission
determination; procedure.
(a) The Commission may provide for the acquisition of a
small public utility or telecommunications carrier by a
capable public utility or telecommunications carrier, if the
Commission, after notice and an opportunity to be heard,
determines one or more of the following:
(1) the small public utility or telecommunications
carrier is failing to provide safe, adequate, or reliable
service;
(2) the small public utility or telecommunications
carrier no longer possesses sufficient technical,
financial, or managerial resources and abilities to
provide the service or services for which its certificate
was originally granted;
(3) the small public utility or telecommunications
carrier has been actually or effectively abandoned by its
owners or operators;
(4) the small public utility or telecommunications
carrier has defaulted on a bond, note, or loan issued or
guaranteed by a department, office, commission, board,
authority, or other unit of State government;
(5) the small public utility or telecommunications
carrier has wilfully failed to comply with any provision
of this Act, any other provision of State or federal law,
or any rule, regulation, order, or decision of the
Commission; or
(6) the small public utility or telecommunications
carrier has wilfully allowed property owned or controlled
by it to be used in violation of this Act, any other
provision of State or federal law, or any rule,
regulation, order, or decision of the Commission.
(b) As used in this Section, "small public utility or
telecommunications carrier" means a public utility or
telecommunications carrier that regularly provides service to
fewer than 7,500 customers.
(c) In making a determination under subsection (a), the
Commission shall consider all of the following:
(1) The financial, managerial, and technical
ability of the small public utility or telecommunications
carrier.
(2) The financial, managerial, and technical
ability of all proximate public utilities or
telecommunications carriers providing the same type of
service.
(3) The expenditures that may be necessary to make
improvements to the small public utility or
telecommunications carrier to assure compliance with
applicable statutory and regulatory standards concerning
the adequacy, efficiency, safety, or reasonableness of
utility service.
(4) The expansion of the service territory of the
acquiring capable public utility or telecommunications
carrier to include the service area of the small public
utility or telecommunications carrier to be acquired.
(5) Whether the rates charged by the acquiring
capable public utility or telecommunications carrier to
its acquisition customers will increase unreasonably
because of the acquisition.
(6) Any other matter that may be relevant.
(d) For the purposes of this Section, a "capable public
utility or telecommunications carrier" means a public
utility, as defined under Section 3-105 of this Act,
including those entities listed in subsections 1 through 5 of
Section 3-105, or a telecommunications carrier, as defined
under Section 13-202 of this Act, including those entities
listed in subsections (a) and (b) of Section 13-202, that:
(1) regularly provides the same type of service as
the small public utility or telecommunications carrier,
to 7,500 or more customers, and provides safe, adequate,
and reliable service to those customers; however, public
utility or telecommunications carrier that would
otherwise be a capable public utility except for the fact
that it has fewer than 7,500 customers may elect to be a
capable public utility or telecommunications carrier for
the purposes of this Section regardless of the number of
its customers and regardless of whether or not it is
proximate to the small public utility or
telecommunications carrier to be acquired;
(2) is not an affiliated interest of the small
public utility or telecommunications carrier;
(3) agrees to acquire the small public utility or
telecommunications carrier that is the subject of the
proceeding, under the terms and conditions contained in
the Commission order approving the acquisition; and
(4) is financially, managerially, and technically
capable of acquiring and operating the small public
utility or telecommunications carrier in compliance with
applicable statutory and regulatory standards.
(e) The Commission may, on its own motion or upon
petition, initiate a proceeding in order to determine whether
an order of acquisition should be entered. Upon the
establishment of a prima facie case that the acquisition of
the small public utility or telecommunications carrier would
be in the public interest and in compliance with the
provisions of this Section all of the following apply:
(1) The small public utility or telecommunications
carrier that is the subject of the acquisition
proceedings has the burden of proving its ability to
render safe, adequate, and reliable service at just and
reasonable rates.
(2) The small public utility or telecommunications
carrier that is the subject of the acquisition
proceedings may present evidence to demonstrate the
practicality and feasibility of the following
alternatives to acquisition:
(A) the reorganization of the small public
utility or telecommunications carrier under new
management;
(B) the entering of a contract with another
public utility, telecommunications carrier, or a
management or service company to operate the small
public utility or telecommunications carrier;
(C) the appointment of a receiver to operate
the small public utility or telecommunications
carrier, in accordance with the provisions of
Section 4-501 of this the Act; or
(D) the merger of the small public utility or
telecommunications carrier with one or more other
public utilities or telecommunications carriers.
(3) A public utility or telecommunications carrier
that desires to acquire the small public utility or
telecommunications carrier has the burden of proving that
it is a capable public utility or telecommunications
carrier.
(f) Subject to the determinations and considerations
required by subsections (a), (b), (c), (d) and (e) of this
Section, the Commission shall issue an order concerning the
acquisition of the small public utility or telecommunications
carrier by a capable public utility or telecommunications
carrier. If the Commission finds that the small public
utility or telecommunications carrier should be acquired by
the capable public utility or telecommunications carrier, the
order shall also provide for the extension of the service
area of the acquiring capable public utility or
telecommunications carrier.
(g) The price for the acquisition of the small public
utility or telecommunications carrier shall be determined by
agreement between the small public utility or
telecommunications carrier and the acquiring capable public
utility or telecommunications carrier subject to a
determination by the Commission that the price is reasonable.
If the small public utility or telecommunications carrier and
the acquiring capable public utility or telecommunications
carrier are unable to agree on the acquisition price or the
Commission disapproves the acquisition price upon which they
have agreed, the Commission shall issue an order directing
the acquiring capable public utility or telecommunications
carrier to acquire the small public utility or
telecommunications carrier by following the procedure
prescribed for the exercise of the powers of eminent domain
under Section 8-509 of this the Act.
(h) The Commission may, in its discretion and for a
reasonable period of time after the date of acquisition,
allow the acquiring capable public utility or
telecommunications carrier to charge and collect rates from
the customers of the acquired small public utility or
telecommunications carrier under a separate tariff.
(i) A capable public utility or telecommunications
carrier ordered by the Commission to acquire a small public
utility or telecommunications carrier shall submit to the
Commission for approval before the acquisition a plan,
including a timetable, for bringing the small public utility
or telecommunications carrier into compliance with applicable
statutory and regulatory standards.
(Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)
(220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102)
Sec. 7-102. Transactions requiring Commission approval.
(A) Unless the consent and approval of the Commission is
first obtained or unless such approval is waived by the
Commission or is exempted in accordance with the provisions
of this Section or of any other Section of this Act:
(a) No 2 or more public utilities may enter into
contracts with each other that will enable such public
utilities to operate their lines or plants in connection
with each other.;
(b) No public utility may purchase, lease, or in
any other manner acquire control, direct or indirect,
over the franchises, licenses, permits, plants,
equipment, business or other property of any other public
utility.;
(c) No public utility may assign, transfer, lease,
mortgage, sell (by option or otherwise), or otherwise
dispose of or encumber the whole or any part of its
franchises, licenses, permits, plant, equipment,
business, or other property, but the consent and approval
of the Commission shall not be required for the sale,
lease, assignment or transfer (1) by any public utility
of any tangible personal property which is not necessary
or useful in the performance of its duties to the public,
or (2) by any railroad of any real or tangible personal
property.;
(d) No public utility may by any means, direct or
indirect, merge or consolidate its franchises, licenses,
permits, plants, equipment, business or other property
with that of any other public utility.;
(e) No public utility may purchase, acquire, take
or receive any stock, stock certificates, bonds, notes or
other evidences of indebtedness of any other public
utility.;
(f) No public utility may in any manner, directly
or indirectly, guarantee the performance of any contract
or other obligation of any other person, firm or
corporation whatsoever.;
(g) No public utility may use, appropriate, or
divert any of its moneys, property or other resources in
or to any business or enterprise which is not, prior to
such use, appropriation or diversion essentially and
directly connected with or a proper and necessary
department or division of the business of such public
utility; provided that this subsection shall not be
construed as modifying subsections (a) through (e) of
this Section.;
(h) No public utility may, directly or indirectly,
invest, loan or advance, or permit to be invested, loaned
or advanced any of its moneys, property or other
resources in, for, in behalf of or to any other person,
firm, trust, group, association, company or corporation
whatsoever, except that no consent or approval by the
Commission is necessary for the purchase of stock in
development credit corporations organized under the
Illinois Development Credit Corporation Act, providing
that no such purchase may be made hereunder if, as a
result of such purchase, the cumulative purchase price of
all such shares owned by the utility would exceed
one-fiftieth of one per cent of the utility's gross
operating revenue for the preceding calendar year.
(B) (i) Any public utility may present to the Commission
for approval options or contracts to sell or lease real
property, notwithstanding that the value of the property
under option may have changed between the date of the option
and the subsequent date of sale or lease. If the options or
contracts are approved by the Commission, subsequent sales or
leases in conformance with those options or contracts may be
made by the public utility without any further action by the
Commission. If approval of the options or contracts is denied
by the Commission, the options or contracts are void and any
consideration theretofore paid to the public utility must be
refunded within 30 days following disapproval of the
application.
(C) The proceedings for obtaining the approval of the
Commission provided for it in this Section shall be as
follows: There shall be filed with the Commission a petition,
joint or otherwise, as the case may be, signed and verified
by the president, any vice president, secretary, treasurer,
comptroller, general manager, or chief engineer of the
respective companies, or by the person or company, as the
case may be, clearly setting forth the object and purposes
desired, and setting forth the full and complete terms of the
proposed assignment, transfer, lease, mortgage, purchase,
sale, merger, consolidation, contract or other transaction,
as the case may be. Upon the filing of such petition, the
Commission shall, if it deems necessary, fix a time and place
for the hearing thereon. After such hearing, or in case no
hearing is required, if the Commission is satisfied that such
petition should reasonably be granted, and that the public
will be convenienced thereby, the Commission shall make such
order in the premises as it may deem proper and as the
circumstances may require, attaching such conditions as it
may deem proper, and thereupon it shall be lawful to do the
things provided for in such order. The Commission shall
impose such conditions as will protect the interest of
minority and preferred stockholders.
(D) The Commission shall have power by general rules
applicable alike to all public utilities, other than electric
and gas public utilities, affected thereby to waive the
filing and necessity for approval of the following: (a) sales
of property involving a consideration of not more than
$300,000 for utilities with gross revenues in excess of
$50,000,000 annually and a consideration of not more than
$100,000 for all other utilities; (b) leases, easements and
licenses involving a consideration or rental of not more than
$30,000 per year for utilities with gross revenues in excess
of $50,000,000 annually and a consideration or rental of not
more than $10,000 per year for all other utilities; (c)
leases of office building space not required by the public
utility in rendering service to the public; (d) the temporary
leasing, lending or interchanging of equipment in the
ordinary course of business or in case of an emergency; and
(e) purchase-money mortgages given by a public utility in
connection with the purchase of tangible personal property
where the total obligation to be secured shall be payable
within a period not exceeding one year. However, if the
Commission, after a hearing, finds that any public utility to
which such rule is applicable is abusing or has abused such
general rule and thereby is evading compliance with the
standard established herein, the Commission shall have power
to require such public utility to thereafter file and receive
the Commission's approval upon all such transactions as
described in this Section, but such general rule shall remain
in full force and effect as to all other public utilities to
which such rule is applicable.
(E) The filing of, and the consent and approval of the
Commission for, any assignment, transfer, lease, mortgage,
purchase, sale, merger, consolidation, contract or other
transaction by an electric or gas public utility with gross
revenues in all jurisdictions of $250,000,000 or more
annually involving a sale price or annual consideration in an
amount of $5,000,000 or less shall not be required. The
Commission shall also have the authority, on petition by an
electric or gas public utility with gross revenues in all
jurisdictions of $250,000,000 or more annually, to establish
by order higher thresholds than the foregoing for the
requirement of approval of transactions by the Commission
pursuant to this Section for the electric or gas public
utility, but no greater than 1% of the electric or gas public
utility's average total gross utility plant in service in the
case of sale, assignment or acquisition of property, or 2.5%
of the electric or gas public utility's total revenue in the
case of other sales price or annual consideration, in each
case based on the preceding calendar year, and subject to the
power of the Commission, after notice and hearing, to further
revise those thresholds at a later date. In addition to the
foregoing, the Commission shall have power by general rules
applicable alike to all electric and gas public utilities
affected thereby to waive the filing and necessity for
approval of the following: (a) sales of property involving a
consideration of $100,000 or less for electric and gas
utilities with gross revenues in all jurisdictions of less
than $250,000,000 annually; (b) leases, easements and
licenses involving a consideration or rental of not more than
$10,000 per year for electric and gas utilities with gross
revenues in all jurisdictions of less than $250,000,000
annually; (c) leases of office building space not required by
the electric or gas public utility in rendering service to
the public; (d) the temporary leasing, lending or
interchanging of equipment in the ordinary course of business
or in the case of an emergency; and (e) purchase-money
mortgages given by an electric or gas public utility in
connection with the purchase of tangible personal property
where the total obligation to be secured shall be payable
within a period of one year or less. However, if the
Commission, after a hearing, finds that any electric or gas
public utility is abusing or has abused such general rule and
thereby is evading compliance with the standard established
herein, the Commission shall have power to require such
electric or gas public utility to thereafter file and receive
the Commission's approval upon all such transactions as
described in this Section and not exempted pursuant to the
first sentence of this paragraph or to subsection (g) of
Section 16-111 of this Act, but such general rule shall
remain in full force and effect as to all other electric and
gas public utilities.
Every assignment, transfer, lease, mortgage, sale or
other disposition or encumbrance of the whole or any part of
the franchises, licenses, permits, plant, equipment, business
or other property of any public utility, or any merger or
consolidation thereof, and every contract, purchase of stock,
or other transaction referred to in this Section and not
exempted in accordance with the provisions of the immediately
preceding paragraph of this Section, made otherwise than in
accordance with an order of the Commission authorizing the
same, except as provided in this Section, shall be void. The
provisions of this Section shall not apply to any
transactions by or with a political subdivision or municipal
corporation of this State.
(F) The provisions of this Section do not apply to the
purchase or sale of emission allowances created under and
defined in Title IV of the federal Clean Air Act Amendments
of 1990 (P.L. 101-549), as amended.
(Source: P.A. 89-99, eff. 7-7-95; 90-561, eff. 12-16-97;
revised 10-31-98.)
(220 ILCS 5/7-106)
Sec. 7-106. (a) Subject to the limitations contained in
this Section 7-106, and notwithstanding anything to the
contrary in Section 6-103 and items subsections (f), (g), and
(h) of subsection (A) of Section 7-102 of this Act or any
rule or regulation promulgated by the Commission under this
Act, a public utility that has filed, pursuant to Section
7-105(d) of this Act, the information described in Section
7-204A(a) of this Act, may, without the approval or consent
of, or other prior filing with, the Commission, form, invest
moneys denominated in United States dollars in, and guarantee
contractual obligations of a subsidiary which engages in any
business that provides to persons, corporations, municipal
corporations, or other entities that are customers or
potential customers of the public utility (i) heating,
cooling, or lighting services; (ii) energy management
services; or (iii) design, development, construction,
engineering, financial, maintenance, management, or
consulting services for owners, lessees, managers, or
operators of facilities for the generation, transmission, or
distribution of electricity; each such subsidiary is referred
to in this Act as a "Section 7-106 subsidiary".
(b) Prior to investing in or guaranteeing any
contractual obligations of a Section 7-106 subsidiary, the
utility shall file with the Commission a statement
identifying all public utility assets or information in
existence, such as customer lists, which the utility plans to
transfer to or permit the Section 7-106 subsidiary or any
associate or affiliate of the subsidiary to use, which
statement shall include a description of the proposed terms
and conditions under which the assets or information will be
transferred or used.
(c) In any proceeding pending before the Commission to
determine the rates to be charged for electric service by a
public utility which has a Section 7-106 subsidiary, or which
is a subsidiary of a holding company formed under Section
7-105 of this Act, the Commission shall reduce the public
utility's rates to reflect the additional amount of revenue
it would have earned during the test year if the Section
7-106 subsidiary, such holding company, or any other
subsidiary company of such holding company had not provided
the customer with the services described in items (i), (ii),
and (iii) of subsection (a) of this Section. The Commission
shall not reduce the revenues of the public utility unless it
finds that there was no reasonable probability that the
customer would have obtained the services described in items
(i), (ii), and (iii) of subsection (a) of this Section from
another source (including the customer), if such subsidiary,
holding company, or other subsidiary company had not entered
into a contract or arrangement with the customer. A written
statement by an employee or authorized agent of the customer
that such services are available from other sources
(including the customer) and that such agent or employee
believes that there was a reasonable probability that the
customer would have so obtained such services from another
source (including the customer) shall constitute prima facie
evidence of such reasonable probability. The provisions of
this subsection shall not be construed as limiting the
authority of the Commission with respect to rates under any
other Section of this Act.
(d) The aggregate amount of a public utility's
investments in, and guarantees of, the contractual
obligations of Section 7-106 subsidiaries without the
approval or consent of, or prior filing with, the Commission,
outstanding at the time of and after giving effect to any
such investment or guarantee, shall not exceed as of the date
of such investment or guarantee an amount equal to the lesser
of $170,000,000 or 20% of the retained earnings of the public
utility as reported on its most recent annual report to the
Commission. The amount of each such guarantee shall be
limited to a maximum dollar amount which shall be specified
in such guarantee. The terms of each such guarantee shall
provide that it shall terminate, and it shall terminate, at
the time that the public utility liquidates or transfers to
any entity or person, the interest and investment of such
public utility in the Section 7-106 subsidiary whose
obligations are subject to such guarantee. The authority of
a public utility to invest in and guarantee the contractual
obligations of a Section 7-106 subsidiary without the
approval or consent of, or prior filing with, the Commission,
as permitted by this Section 7-106, shall expire on the date
such public utility liquidates or transfers its interest and
investment in such Section 7-106 subsidiary.
(e) The Commission shall not consider the investment of
a public utility in or its obligation to make an investment
in a Section 7-106 subsidiary, or the guarantee by a public
utility of contractual obligations of its Section 7-106
subsidiaries, in considering the amount or terms of any
reparations or refunds to be made by such public utility to
its customers.
(f) On the date that a public utility becomes a
subsidiary company of a holding company pursuant to Section
7-105 of this Act, such public utility shall either:
(i) liquidate or transfer its interest and
investment in its Section 7-106 subsidiaries to such
holding company or to any other entity or person in a
transaction which does not require the prior approval or
consent of the Commission under Section 7-101 or Section
7-102 of this Act, or
(ii) file with the Commission for its approval
under Section 7-101 or Section 7-102 of this Act, a plan
for such public utility to liquidate or transfer its
interest and investment in its Section 7-106
subsidiaries.
(g) If on the 550th day after the effective date of this
amendatory Act of 1993 such public utility is not a
subsidiary company of a holding company, such public utility
shall on such 550th day either:
(i) liquidate or transfer its interest and
investment in its Section 7-106 subsidiaries to any
entity or person in a transaction which does not require
the prior approval or consent of the Commission under
Section 7-101 or Section 7-102 of this Act, or
(ii) file with the Commission for its approval
under Section 7-101 or Section 7-102 of this Act, a plan
for such public utility to liquidate or transfer its
interest and investment in its Section 7-106
subsidiaries, or
(iii) file with the Commission a petition for an
extension of time within which: (A) to become a
subsidiary company of a holding company and to take
action pursuant to subsection (f) of this Section 7-106;
or (B) to take action pursuant to either subparagraph (i)
or subparagraph (ii) of subsection (g) of this Section
7-106. The Commission shall grant such extension to an
appropriate date unless it finds that the public utility
has not taken action in a timely and appropriate manner
to seek all regulatory, shareholder, and other authority
for or, after obtaining all such authority, has not taken
action in a timely and appropriate manner to effect a
transaction in which such public utility would become a
subsidiary company of a holding company. If the
Commission finds that the public utility has not taken
action in a timely and appropriate manner to seek all
regulatory, shareholder, and other authority for or,
after obtaining all such authority, has not taken action
in a timely and appropriate manner to effect a
transaction in which such public utility would become a
subsidiary company of a holding company, the Commission
shall deny the public utility's petition and shall
approve a plan for such public utility to liquidate or
transfer its interests and investments in its Section
7-106 subsidiaries. During the pendency of the
proceeding before the Commission initiated by the
petition filed by the public utility, the utility may
continue to engage in activities described in Sections
7-105 and 7-106, as provided therein.
(h) Contracts or arrangements between a public utility
and its Section 7-106 subsidiaries, including contracts or
arrangements for any services described in Section 7-106
(a)(i), (ii), and (iii), but excluding investments and
guarantees permitted by this Section 7-106, shall be subject
to the jurisdiction of the Commission under Sections 7-101,
7-102, 7-204A(b), and other applicable provisions, if any, of
this Act, except that such public utility may, pursuant to
contracts or arrangements filed with the Commission, provide
its Section 7-106 subsidiaries with office facilities or
administrative and management services which are reasonably
necessary for the management of the business of its Section
7-106 subsidiaries, which contracts or arrangements shall
become effective upon such public utility filing with the
Commission a petition seeking Commission approval thereof,
and such contracts and arrangements shall remain in effect
unless modified by the Commission after a hearing on such
petition in which such public utility shall have the burden
of proving the reasonable necessity of the provision of such
facilities and services. Such contracts or arrangements
shall require each Section 7-106 subsidiary to pay to the
public utility the fair market value for the use of such
facilities and services. The public utility shall keep its
books of account and other records in a manner that will
enable the Commission to determine the propriety of any
allocation of costs between the public utility and its
Section 7-106 subsidiaries. The burden of proving the
propriety of any such allocation shall be on the public
utility. The public utility shall also have the burden of
proving that it has received or will receive fair market
value for all facilities or services provided to its Section
7-106 subsidiaries under this Section 7-106.
(i) The costs of any public utility investment in or
guarantee of the contractual obligations of its Section 7-106
subsidiaries shall not be included in rate base or treated as
allowable expenses for purposes of determining the rates to
be charged by the public utility.
(j) No public utility shall have any liability to any of
its Section 7-106 subsidiaries, except any obligation it may
have to make investments in such Section 7-106 subsidiaries
in accordance with this Section 7-106. No public utility
shall have any liability for any obligation or liability of
any of its Section 7-106 subsidiaries, except under any
guarantee of contractual obligations of such Section 7-106
subsidiaries made in accordance with this Section 7-106.
(k) No Section 7-106 subsidiary shall engage in the
repair or servicing of home or other consumer appliances
except in emergencies posing a threat to life or property.
(Source: P.A. 88-83; revised 1-21-99.)
(220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)
Sec. 9-241. No public utility shall, as to rates or
other charges, services, facilities or in other respect, make
or grant any preference or advantage to any corporation or
person or subject any corporation or person to any prejudice
or disadvantage. No public utility shall establish or
maintain any unreasonable difference as to rates or other
charges, services, facilities, or in any other respect,
either as between localities or as between classes of
service.
However, nothing in this Section shall be construed as
limiting the authority of the Commission to permit the
establishment of economic development rates as incentives to
economic development either in enterprise zones as designated
by the State of Illinois or in other areas of a utility's
service area. Such rates should be available to existing
businesses which demonstrate an increase to existing load as
well as new businesses which create new load for a utility so
as to create a more balanced utilization of generating
capacity. The Commission shall ensure that such rates are
established at a level which provides a net benefit to
customers within a public utility's service area.
Prior to October 1, 1989, no public utility providing
electrical or gas service shall consider the use of solar or
other nonconventional renewable sources of energy by a
customer as a basis for establishing higher rates or charges
for any service or commodity sold to such customer; nor shall
a public utility subject any customer utilizing such energy
source or sources to any other prejudice or disadvantage on
account of such use. No public utility shall without the
consent of the Commission, charge or receive any greater
compensation in the aggregate for a lesser commodity,
product, or service than for a greater commodity, product or
service of like character.
The Commission, in order to expedite the determination of
rate questions, or to avoid unnecessary and unreasonable
expense, or to avoid unjust or unreasonable discrimination
between classes of customers, or, whenever in the judgment of
the Commission public interest so requires, may,; for rate
making and accounting purposes, or either of them, consider
one or more municipalities either with or without the
adjacent or intervening rural territory as a regional unit
where the same public utility serves such region under
substantially similar conditions, and may within such region
prescribe uniform rates for consumers or patrons of the same
class.
Any public utility, with the consent and approval of the
Commission, may as a basis for the determination of the
charges made by it classify its service according to the
amount used, the time when used, the purpose for which used,
and other relevant factors.
(Source: P.A. 84-1308; revised 10-31-98.)
(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-403. Interexchange service authority; approval.
The Commission shall approve an application for a Certificate
of Interexchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and
hearing, that the applicant possesses sufficient technical,
financial and managerial resources and abilities to provide
interexchange telecommunications service. The removal from
this Section of the dialing restrictions by this amendatory
Act of 1992 does not create any legislative presumption for
or against intra-Market Service Area presubscription or
changes in intra-Market Service Area dialing arrangements
related to the implementation of that presubscription, but
simply vests jurisdiction in the Illinois Commerce Commission
to consider after notice and hearing the issue of
presubscription in accordance with the policy goals outlined
in Section 13-103.
The Commission shall have authority to alter the
boundaries of Market Service Areas when such alteration is
consistent with the public interest and the purposes and
policies of this Article. A determination by the Commission
with respect to Market Service Area boundaries shall not
modify or affect the rights or obligations of any
telecommunications carrier with respect to any consent decree
or agreement with the United States Department of Justice,
including, but not limited to, the Modification of Final
Judgment in United States v. Western Electric Co., 552 F.
Supp. 131 (D.D.C. D.C.C. 1982), as modified from time to
time.
(Source: P.A. 87-856; revised 10-31-98.)
Section 122. The Citizens Utility Board Act is amended
by changing Section 3 as follows:
(220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
Sec. 3. Definitions. As used in this Act: (1) "Board"
means the board of directors of the corporation.
(2) "Campaign contribution" means a gift, subscription,
loan, advance or deposit of money or anything of value, made
for the purpose of electing a candidate to the board; or a
contract, a promise or agreement, express or implied, whether
or not legally enforceable, to make any campaign
contribution; but does not include the value of services
provided without compensation by individuals who volunteer a
portion or all of their time on behalf of a candidate or
political committee, or the use of real or personal property
and the cost of invitations, food and beverages, voluntarily
provided by an individual to a candidate in rendering
voluntary personal services on the individual's residential
premises for candidate-related activities if the cumulative
value of the activities to the individual on behalf of any
candidate does not exceed $100 for any election elections.
(3) "Campaign expenditures" means a purchase, payment
distribution, loan, advance, deposit or gift of money or
anything of value, made for the purpose of electing a
candidate to the board; or a contract, promise, or agreement,
express or implied, whether or not legally enforceable, to
make any campaign expenditure; but does not include the use
of real or personal property and the cost of invitations,
food and beverages, voluntarily provided by an individual to
a candidate in rendering voluntary personal services on the
individual's residential premises for candidate-related
activities if the cumulative value of the activities by the
individual on behalf of any candidate does not exceed $100
for any election.
(4) "Class A utility" means any gas, electric or water
public utility with annual total gross operating revenues of
$2.5 million or more or any telephone public utility with
annual total gross operating revenues of $1,600,000 or more
on the effective date of this Act.
(5) "Corporation" means the citizens utility board.
(6) "Director" means any member of the board.
(7) "District" means a corporation district, the
boundaries of which are congruent with the boundaries of the
Congressional districts in the State.
(8) "Immediate family" of a person means the person's
spouse and legal dependents.
(9) "Member" means any person who satisfies the
requirements for membership under Section 4.
(10) "Periodic customer billing" means a demand for
payment for utility services by a public utility to a
residential utility consumer on a monthly or other regular
basis.
(11) "Political committee" means any committee, club,
association or other group of persons which make campaign
expenditures or receive campaign contributions during the
year before an election of the board.
(12) "Public utility" means any person who owns,
operates, manages or controls any plant or equipment or any
part of a plant or equipment, within the State, for the
conveyance of telephone messages or for the production,
transmission, delivery or furnishing of heat, light, water or
power either directly or indirectly to or for the public.
"Public utility" includes any person engaged in the
transmission or delivery of natural gas for compensation
within this State by means of pipes or mains. "Public
utility" does not include a cooperative association organized
for the purpose of furnishing telephone service to its
members only. "Public utility" does not include electric
cooperatives as defined in Section 3-119 of the Public
Utilities Act "An Act concerning public utilities", approved
June 29, 1921, as amended. However, "public utility" does not
include either public utilities that are owned and operated
by a political subdivision, public institution of higher
education or municipal corporation of this State or public
utilities that are owned by such political subdivision,
public institution of higher education, or municipal
corporation and operated by any of its lessees or operating
agents.
(13) "Utility consumer" means any individual or entity,
which is not governmental or a public utility, which is
located in this State and which is furnished with a utility
service by a public utility.
(14) "Utility service" means electricity, natural gas,
water and telephone service supplied by a public utility.
(Source: P.A. 84-1308; revised 10-31-98.)
Section 123. The Illinois Athletic Trainers Practice Act
is amended by changing Sections 3 and 16 as follows:
(225 ILCS 5/3) (from Ch. 111, par. 7603)
Sec. 3. Definitions. As used in this Act:
(1) "Department" means the Department of Professional
Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Board" means the Illinois Board of Athletic
Trainers appointed by the Director.
(4) "Licensed athletic trainer" means a person licensed
to practice athletic training as defined in this Act and with
the specific qualifications set forth in Section 9 (9) of
this Act, who, upon the direction of his or her team
physician or and/or consulting physician, carries out the
practice of prevention/emergency care or and/or physical
reconditioning of injuries incurred by athletes participating
in an athletic program conducted by an educational
institution, professional athletic organization, or
sanctioned amateur athletic organization employing the
athletic trainer; or a person who, under the direction of a
physician, carries out comparable functions for a health
organization-based extramural program of athletic training
services for athletes. Specific duties of the athletic
trainer include but are not limited to:
A. Supervision of the selection, fitting, and
maintenance of protective equipment;
B. Provision of assistance to the coaching staff in
the development and implementation of conditioning
programs;
C. Counseling of athletes on nutrition and hygiene;
D. Supervision of athletic training facility and
inspection of playing facilities;
E. Selection and maintenance of athletic training
equipment and supplies;
F. Instruction and supervision of student trainer
staff;
G. Coordination with a team physician to provide:
(i) pre-competition physical exam and health
history updates,
(ii) game coverage or phone access to a
physician or paramedic,
(iii) follow-up injury care,
(iv) reconditioning programs, and
(v) assistance on all matters pertaining to
the health and well-being of athletes.
H. Provision of on-site injury care and evaluation
as well as appropriate transportation, follow-up
treatment and rehabilitation as necessary for all
injuries sustained by athletes in the program;
I. With a physician, determination of when an
athlete may safely return to full participation
post-injury; and
J. Maintenance of complete and accurate records of
all athletic injuries and treatments rendered.
(5) "Referral" means the guidance or direction to the
athletic trainer given by the physician, who shall maintain
supervision of the athlete.
To carry out these functions the athletic trainer is
authorized to utilize modalities such as heat, light, sound,
cold, electricity, exercise, or mechanical devices related to
care and reconditioning.
(5) "Referral" means the guidance or direction to the
athletic trainer given by the physician, who shall maintain
supervision of the athlete.
(Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)
(225 ILCS 5/16) (from Ch. 111, par. 7616)
Sec. 16. Refusal to issue, suspension, or revocation of
license. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $1,000 for each violation, with
regard to any licensee for any one or combination of the
following:
(A) Material misstatement in furnishing information to
the Department;
(B) Negligent or intentional disregard of this Act, or
of the rules or regulations promulgated hereunder;
(C) Conviction of any crime under the laws of the United
States or any state or territory thereof that is a felony or
a misdemeanor, and an essential element of which is
dishonesty, or of any crime that is directly related to the
practice of the profession;
(D) Making any misrepresentation for the purpose of
obtaining registration, or violating any provision of this
Act;
(E) Professional incompetence;
(F) Malpractice;
(G) Aiding or assisting another person in violating any
provision of this Act or rules;
(H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(I) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(J) Habitual intoxication or addiction to the use of
drugs;
(K) Discipline by another state, District of Columbia,
territory, or foreign nation, if at least one of the grounds
for the discipline is the same or substantially equivalent to
those set forth herein;
(L) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered;
(M) A finding that the licensee after having his or her
license placed on probationary status has violated the terms
of probation;
(N) Abandonment of an athlete;
(O) Willfully making or filing false records or reports
in his or her practice, including but not limited to false
records filed with State agencies or departments;
(P) Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
(Q) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(R) Solicitation of professional services other than by
permitted institutional policy;
(S) The use of any words, abbreviations, figures or
letters with the intention of indicating practice as an
athletic trainer without a valid license as an athletic
trainer under this Act;
(T) The treatment of injuries of athletes by a licensed
athletic trainer except by the referral of a physician,
podiatrist, or dentist;
(U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;
(V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice
of abortion;
(W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
(X) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant to
the Abused and Neglected Child Reporting Act and upon proof
by clear and convincing evidence that the licensee has caused
a child to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act;
(Y) Failure to file a return, or to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied; or
(Z) Failure to fulfill continuing education requirements
as prescribed in Section 10 of this Act.
The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension
will end only upon a finding by a court that the athletic
trainer is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the athlete; and upon the recommendation of the
Board to the Director that the licensee be allowed to resume
his or her practice.
(Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)
Section 124. The Child Care Act of 1969 is amended by
changing Sections 4.2 and 8 as follows:
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from
the Department and no person may be employed by a licensed
child care facility who refuses to authorize an investigation
as required by Section 4.1.
(b) No applicant may receive a license from the
Department and no person may be employed by a child care
facility licensed by the Department who has been declared a
sexually dangerous person under "An Act in relation to
sexually dangerous persons, and providing for their
commitment, detention and supervision", approved July 6,
1938, as amended, or convicted of committing or attempting to
commit any of the following offenses stipulated under the
Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced drug induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal neglect of an elderly or disabled
person;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
(c) In addition to the provisions set forth in
subsection (b), no applicant may receive a license from the
Department to operate a foster family home, and no adult
person may reside in a foster family home licensed by the
Department, who has been convicted of committing or
attempting to commit any of the following offenses stipulated
under the Criminal Code of 1961, the Cannabis Control Act,
and the Illinois Controlled Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY HARM
(2) Felony aggravated assault.
(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and gross neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.
(23) Criminal fortification of a residence or
building.
(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive
incendiary devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the
premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal
delinquency of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.
(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.
(41) Unauthorized production of more than 5
cannabis sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at
truck stops, rest stops, or safety rest areas, or on
school property.
(49) Using, engaging, or employing persons under 18
to deliver controlled, counterfeit, or look-alike
substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance or
cannabis by subcutaneous injection.
(d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an
existing foster family home license of an applicant who was
convicted of an offense described in subsection (c), provided
all of the following requirements are met:
(1) The relevant criminal offense or offenses
occurred more than 10 years prior to the date of
application or renewal.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes
of a background check.
(3) After the disclosure, the Department either
placed a child in the home or the foster family home
license was issued.
(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
waiver.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home
under this Act and the Department's administrative rules.
(6) The applicant has a history of providing a
safe, stable home environment and appears able to
continue to provide a safe, stable home environment.
(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
6-27-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised
10-31-98.)
(225 ILCS 10/8) (from Ch. 23, par. 2218)
Sec. 8. The Department may revoke or refuse to renew the
license of any child care facility or refuse to issue full
license to the holder of a permit should the licensee or
holder of a permit:
(1) fail to maintain standards prescribed and published
by the Department;
(2) violate any of the provisions of the license issued;
(3) furnish or make any misleading or any false
statement or report to the Department;
(4) refuse to submit to the Department any reports or
refuse to make available to the Department any records
required by the Department in making investigation of the
facility for licensing purposes;
(5) fail or refuse to submit to an investigation by the
Department;
(6) fail or refuse to admit authorized representatives
of the Department at any reasonable time for the purpose of
investigation;
(7) fail to provide, maintain, equip and keep in safe
and sanitary condition premises established or used for child
care as required under standards prescribed by the
Department, or as otherwise required by any law, regulation
or ordinance applicable to the location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under Section
3 of the "Abused and Neglected Child Reporting Act" or fail
to discharge or sever affiliation with the child care
facility of an employee or volunteer at the facility with
direct contact with children who is the subject of an
indicated report under Section 3 of that Act;
(10) fail to comply with the provisions of Section 7.1;
(11) fail to exercise reasonable care in the hiring,
training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of
children within the facility, as required by the Abused and
Neglected Child Reporting Act;
(13) fail to comply with Section 5.1. of this Act; or
(14) be identified in an investigation by the Department
as an addict or alcoholic, as defined in the Alcoholism and
Other Drug Abuse and Dependency Act, or be a person whom the
Department knows has abused alcohol or drugs, and has not
successfully participated in treatment, self-help groups or
other suitable activities, and the Department determines that
because of such abuse the licensee, holder of the permit, or
any other person directly responsible for the care and
welfare of the children served, does not comply with
standards relating to character, suitability or other
qualifications established under Section 7 of this Act.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)
Section 125. The Clinical Psychologist Licensing Act is
amended by changing Section 10 as follows:
(225 ILCS 15/10) (from Ch. 111, par. 5360)
Sec. 10. Qualifications of applicants; examination. The
Department, except as provided in Section 11 of this Act,
shall issue a license as a clinical psychologist to any
person who pays an application fee and who:
(1) is at least 21 years of age; and has not
engaged in conduct or activities which would constitute
grounds for discipline under this Act;
(2) (blank);
(3) is a graduate of a doctoral program from a
college, university or school accredited by the regional
accrediting body which is recognized by the Council on
Postsecondary Accreditation and is in the jurisdiction in
which it is located for purposes of granting the doctoral
degree and either:
(a) is a graduate of a doctoral program in
clinical, school or counseling psychology either
accredited by the American Psychological Association
or approved by the Council for the National Register
of Health Service Providers in Psychology or other
national board recognized by the Board, and has
completed 2 years of satisfactory supervised
experience in clinical, school or counseling
psychology at least one of which is an internship
and one of which is postdoctoral; or
(b) holds a doctoral degree from a recognized
college, university or school which the Department,
through its rules, establishes as being equivalent
to a clinical, school or counseling psychology
program and has completed at least one course in
each of the following 7 content areas, in actual
attendance at a recognized university, college or
school whose graduates would be eligible for
licensure under this Act: scientific and
professional ethics, biological basis of behavior,
cognitive-affective basis of behavior, social basis
of behavior, individual differences, assessment, and
treatment modalities; and has completed 2 years of
satisfactory supervised experience in clinical,
school or counseling psychology, at least one of
which is an internship and one of which is
postdoctoral; or
(4) has passed an examination authorized by the
Department to determine his or her fitness to receive a
license; and
(c) (5) if an individual holds a doctorate in
psychology or in a program whose content is
psychological in nature from an accredited college,
university or school not meeting the standards of
paragraph (a) or (b) of this subsection (3) and
provides of Section 10 of this Act, he or she shall
provide evidence of the completion of at least one
course in each of the 7 content areas specified in
paragraph (b) of subsection 3 of Section 10, of this
Act in actual attendance, at a recognized
university, school or college whose graduate would
be eligible for licensure under this Act; and that
he or she has completed an appropriate practicum, an
internship or equivalent supervised clinical
experience in an organized mental health care
setting and 2 years of satisfactory supervised
experience in clinical or counseling psychology, at
least one of which is postdoctoral; and shall pass
the examination specified in subsection 4 of Section
10 of this Act.
(4) has passed an examination authorized by the
Department to determine his or her fitness to receive a
license.
Applicants for licensure under Section 10, subsection (3)(a)
and (3)(b) of this Section Act shall complete 2 years of
satisfactory supervised experience, at least one of which
shall be an internship and one of which shall be
postdoctoral. A year of supervised experience is defined as
not less than 1,750 hours obtained in not less than 50 weeks
based on 35 hours per week for full-time work experience.
Full-time supervised experience will be counted only if it is
obtained in a single setting for a minimum of 6 months.
Part-time and internship experience will be counted only if
it is 18 hours or more a week for a minimum of 9 months and
is in a single setting. The internship experience required
under Section 10, subsection (3)(a) and (3)(b) of this
Section Act shall be a minimum of 1,750 hours completed
within 24 months.
Programs leading to a doctoral degree require minimally
the equivalent of 3 full-time academic years of graduate
study, at least 2 years of which are at the institution from
which the degree is granted, and of which at least one year
or its equivalent is in residence at the institution from
which the degree is granted. Course work for which credit is
given for life experience will not be accepted by the
Department as fulfilling the educational requirements for
licensure. Residence requires interaction with psychology
faculty and other matriculated psychology students; one
year's residence or its equivalent is defined as follows:
(a) 30 semester hours taken on a full-time or
part-time basis at the institution accumulated within 24
months, or
(b) a minimum of 350 hours of student-faculty
contact involving face-to-face individual or group
courses or seminars accumulated within 18 months. Such
educational meetings must include both faculty-student
and student-student interaction, be conducted by the
psychology faculty of the institution at least 90% of the
time, be fully documented by the institution, and relate
substantially to the program and course content. The
institution must clearly document how the applicant's
performance is assessed and evaluated.
To meet the requirement for satisfactory supervised
experience, under this Act the supervision must be performed
pursuant to the order, control and full professional
responsibility of a licensed clinical psychologist. The
clients shall be the clients of the agency or supervisor
rather than the supervisee. Supervised experience in which
the supervisor receives monetary payment or other
consideration from the supervisee or in which the supervisor
is hired by or otherwise employed by the supervisee shall not
be accepted by the Department as fulfilling the practicum,
internship or 2 years of satisfactory supervised experience
requirements for licensure.
Examinations for applicants under this Act shall be held
at the direction of the Department from time to time but not
less than once each year. The scope and form of the
examination shall be determined by the Department.
Each applicant for a license who possesses the necessary
qualifications therefor shall be examined by the Department,
and shall pay to the Department, or its designated testing
service, the required examination fee, which fee shall not be
refunded by the Department.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply
and meet the requirements in effect at the time of
reapplication.
An applicant has one year from the date of notification
of successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply
within one year, the applicant shall be required to take and
pass the examination again unless licensed in another
jurisdiction of the United States within one year of passing
the examination.
(Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97;
revised 1-30-99.)
Section 126. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 9A as follows:
(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
Sec. 9A. Qualifications for license as licensed social
worker. A person shall be qualified to be licensed as a
licensed social worker and the Department shall issue a
license authorizing the practice of social work to an
applicant who:
(1) has applied in writing on the prescribed form;
(2) is of good moral character, as defined in subsection
(2) of Section 9;
(3) (a) has a degree from a graduate program of social
work approved by the Department; or
(b) has a degree in social work from an
undergraduate program approved by the Department and has
successfully completed at least 3 years of supervised
professional experience subsequent to obtaining the
degree as established by rule. If no supervision by a
licensed social worker or a licensed clinical social
worker is available, then supervised professional
experience may include supervision by other appropriate
disciplines as defined by rule;.
(4) has passed the examination for the practice of
social work as a licensed social worker as authorized by the
Department; and
(5) has paid the required fees.
(Source: P.A. 90-150, eff. 12-30-97; revised 10-31-98.)
Section 127. The Illinois Dental Practice Act is amended
by changing Sections 23 and 48 as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or
may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 per violation, with
regard to any license for any one or any combination of the
following causes:
1. Fraud in procuring the license.
2. Habitual intoxication or addiction to the use of
drugs.
3. Wilful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear Safety.
4. Acceptance of a fee for service as a witness, without
the knowledge of the court, in addition to the fee allowed by
the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for
bringing or referring a patient, except in regard to referral
services as provided for under Section 45, or assisting in
the care or treatment of a patient, without the knowledge of
the patient or his legal representative.
6. Employing, procuring, inducing, aiding or abetting a
person not licensed or registered as a dentist to engage in
the practice of dentistry. The person practiced upon is not
an accomplice, employer, procurer, inducer, aider, or abetter
within the meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his name to another for the illegal practice of
dentistry by another, or professional connection or
association with any person, firm or corporation holding
himself, herself, themselves, or itself out in any manner
contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance program
of the Department of Public Aid.
10. Practicing under a name other than his or her own.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction in this or another State of any crime
which is a felony under the laws of this State or conviction
of a felony in a federal court, conviction of a misdemeanor,
an essential element of which is dishonesty, or conviction of
any crime which is directly related to the practice of
dentistry or dental hygiene.
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline is
the same or substantially equivalent to those set forth
within this Act.
19. Willfully failing to report an instance of suspected
child abuse or neglect as required by the "Abused and
Neglected Child Reporting Act.
20. Gross or repeated malpractice resulting in injury or
death of a patient.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in the
Illinois Controlled Substances Act, in any way other than for
therapeutic purposes.
22. Willfully making or filing false records or reports
in his practice as a dentist, including, but not limited to,
false records to support claims against the dental assistance
program of the Illinois Department of Public Aid.
23. Professional incompetence as manifested by poor
standards of care or mental incompetency as declared by a
court of competent jurisdiction.
24. Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skills which results in a dentist's inability to practice
dentistry with reasonable judgment, skill or safety.
25. Repeated irregularities in billing a third party for
services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for the
purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or contagious
disease proscribed by rule or regulation of the Department.
27. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant to
the Abused and Neglected Child Reporting Act, and upon proof
by clear and convincing evidence that the licensee has caused
a child to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act.
28. Violating the Health Care Worker Self-Referral Act.
29. Abandonment of a patient.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any
of the foregoing grounds, must be commenced within 3 years
after receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of
the acts described herein. Except for fraud in procuring a
license, no action shall be commenced more than 5 years after
the date of the incident or act alleged to have violated this
Section. The time during which the holder of the license was
outside the State of Illinois shall not be included within
any period of time limiting the commencement of disciplinary
action by the Department.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670,
eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)
(225 ILCS 25/48) (from Ch. 111, par. 2348)
Sec. 48. Manufacture of dentures, bridges or
replacements for dentists;. prescriptions;. order;.
penalties.
(a) Any dentist who employs or engages the services of
any dental laboratory to construct or repair, extraorally,
prosthetic dentures, bridges, or other replacements for a
part of a tooth, a tooth, or teeth, or who directs a dental
laboratory to participate in shade selection for a prosthetic
appliance, shall furnish such dental laboratory with a
written prescription on forms prescribed by the Department
which shall contain:
(1) The name and address of the dental laboratory
to which the prescription is directed.
(2) The patient's name or identification number. If
a number is used, the patient's name shall be written
upon the duplicate copy of the prescription retained by
the dentist.
(3) The date on which the prescription was written.
(4) A description of the work to be done, including
diagrams if necessary.
(5) A specification of the type and quality of
materials to be used.
(6) The signature of the dentist and the number of
his or her license to practice dentistry.
(b) The dental laboratory receiving a prescription from
a dentist shall retain the original prescription and the
dentist shall retain a duplicate copy thereof for inspection
at any reasonable time by the Department or its duly
authorized agents, for a period of 3 years in both cases.
(c) If the dental laboratory receiving a written
prescription from a dentist engages another dental laboratory
(hereinafter referred to as "subcontractor") to perform some
of the services relative to such prescription, it shall
furnish a written order with respect thereto on forms
prescribed by the Department which shall contain:
(1) The name and address of the subcontractor.
(2) A number identifying the order with the
original prescription, which number shall be endorsed on
the prescription received from the dentist.
(3) The date on which the order was written.
(4) A description of the work to be done by the
subcontractor, including diagrams if necessary.
(5) A specification of the type and quality of
materials to be used.
(6) The signature of an agent of the dental
laboratory issuing the order. The subcontractor shall
retain the order and the issuer thereof shall retain a
duplicate copy, attached to the prescription received
from the dentist, for inspection by the Department or its
duly authorized agents, for a period of 3 years in both
cases.
(7) A copy of the order to the subcontractor shall
be furnished to the dentist.
(d) Any dentist who:
(1) employs or engages the services of any dental
laboratory to construct or repair, extraorally,
prosthetic dentures, bridges, or other dental appliances
without first providing such dental laboratory with a
written prescription;
(2) fails to retain a duplicate copy of the
prescription for 3 years; or
(3) refuses to allow the Department or its duly
authorized agents, to inspect his or her files of
prescriptions;,
is guilty of a Class A misdemeanor and the Department may
revoke or suspend his or her license therefor.
(e) Any dental laboratory which:
(1) furnishes such services to any dentist without
first obtaining a written prescription therefor from such
dentist;
(2) acting as a subcontractor as described in (c)
above, furnishes such services to any dental laboratory
without first obtaining a written order from such dental
laboratory;
(3) fails to retain the original prescription or
order, as the case may be, for 3 years; or
(4) refuses to allow the Department or its duly
authorized agents, to inspect its files of prescriptions
or orders;,
is guilty of a Class A misdemeanor.
(Source: P.A. 86-1283; revised 10-31-98.)
Section 128. The Medical Practice Act of 1987 is amended
by changing Sections 18 and 21 as follows:
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a
person to practice medicine in all of its branches or to
practice the treatment of human ailments without the use
of drugs and without operative surgery provided:
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in their native
licensing jurisdiction during the period of the
visiting professor permit; and
(b) the person has received a faculty
appointment to teach in a medical, osteopathic or
chiropractic school in Illinois.
(2) Application for visiting professor permits
shall be made to the Department, in writing, on forms
prescribed by the Department and shall be accompanied by
the required fee established by rule, which shall not be
refundable. Any application shall require the
information as, in the judgment of the Department, will
enable the Department to pass on the qualifications of
the applicant.
(3) A visiting professor permit shall be valid for
one year from the date of issuance or until the time the
faculty appointment is terminated, whichever occurs
first, and may be renewed only once.
(4) The applicant may be required to appear before
the Medical Licensing Board for an interview prior to,
and as a requirement for, the issuance of the original
permit and the renewal.
(5) Persons holding a permit under this Section
shall only practice medicine in all of its branches or
practice the treatment of human ailments without the use
of drugs and without operative surgery in the State of
Illinois in their official capacity under their contract.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a
temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in his or her
native licensing jurisdiction during the period of
the temporary visiting physician permit;
(c) that the person has received an invitation
or appointment to study, demonstrate, or perform a
specific medical, osteopathic, chiropractic or
clinical subject or technique in a medical,
osteopathic, or chiropractic school, a hospital
licensed under the Hospital Licensing Act, a
hospital organized under the University of Illinois
Hospital Act, or a facility operated pursuant to the
Ambulatory Surgical Treatment Center Act; and
(d) that the temporary visiting physician
permit shall only permit the holder to practice
medicine in all of its branches or practice the
treatment of human ailments without the use of drugs
and without operative surgery within the scope of
the medical, osteopathic, chiropractic, or clinical
studies for which the holder was invited or
appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for 180 days from the date of issuance or until the
time the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting
physician permit may be required to appear before the
Medical Licensing Board for an interview prior to, and as
a requirement for, the issuance of a temporary visiting
physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if he or she meets the requirements as
established by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in his or her
native licensing jurisdiction during the period of
the temporary visiting resident permit;
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the
Department;
(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois
licensed physician in an Illinois patient care
clinic or facility that is affiliated with the
out-of-State post graduate training program; and
(e) that the temporary visiting resident
permit shall only permit the holder to practice
medicine in all of its branches or practice the
treatment of human ailments without the use of drugs
and without operative surgery within the scope of
the medical, osteopathic, chiropractic or clinical
studies for which the holder was invited or
appointed.
(2) The application for the temporary visiting
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule.
The application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be
valid for 180 days from the date of issuance or until the
time the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
resident permit.
(Source: P.A. 88-564, eff. 1-1-95; 89-702, eff. 7-1-97;
revised 10-31-98.)
(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 the 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, at his or her to their last known place of address, at
least 60 days in advance of the expiration date of his or her
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 his or
her their license to lapse or who has had his or her their
license on inactive status may have his or her their license
restored by making application to the Department and filing
proof acceptable to the Department of his or her their
fitness to have the 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, the applicant's 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
he or she has 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 his or her their license reinstated or
restored without paying any lapsed renewal fees, if within 2
years after honorable termination of such service, training,
or education, he or she furnishes to they furnish the
Department with satisfactory evidence to the effect that he
or she has they have been so engaged and that his or her
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 his or her their license on an inactive
status and shall, subject to rules of the Department, be
excused from payment of renewal fees until he or she notifies
they notify the Department in writing of his or her 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 his or her
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 61e of the
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 his or her their license shall be the
actual cost of producing the 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; revised 10-31-98.)
Section 129. The Nursing and Advanced Practice Nursing
Act is amended by changing Section 20-120 as follows:
(225 ILCS 65/20-120)
Sec. 20-120. Order of Director. An order regarding any
disciplinary action, or a certified copy thereof, over the
seal of the Department and purporting to be signed by the
Director, shall be prima facie evidence that:
(a) the such signature is the genuine signature of
the Director;
(b) the that such Director is duly appointed and
qualified; and
(c) that the Board and the Board members are
qualified to act.
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98;
revised 9-21-98.)
Section 130. The Illinois Occupational Therapy Practice
Act is amended by changing Sections 8, 9, 19, and 19.10 as
follows:
(225 ILCS 75/8) (from Ch. 111, par. 3708)
Sec. 8. A person shall be qualified for licensure as an
occupational therapist if that person:
(1) A. That person has applied in writing in form
and substance to the Department; and
(2) (1) is a citizen of the United States or a
lawfully admitted alien, in status, registered with the
United States Department of Justice, Division of
Immigration and Naturalization;
(3) (2) has completed an occupational therapy
program of at least 4 years in length, leading to a
baccalaureate degree, or its equivalent, approved by the
Department; and.
(4) B. That person has successfully completed the
examination authorized by the Department within the past
5 years.
(Source: P.A. 86-596; 87-1237; revised 10-31-98.)
(225 ILCS 75/9) (from Ch. 111, par. 3709)
Sec. 9. A person shall be qualified for licensure as an
occupational therapy assistant if that person:
(1) A. That person has applied in writing in form
and substance to the Department; and
(2) (1) is a citizen of the United States or a
lawfully admitted alien, in status, registered with the
United States Department of Justice, Division of
Immigration and Naturalization;
(3) (2) has completed an occupational therapy
program of at least 2 years in length leading to an
associate degree, or its equivalent, approved by the
Department; and
(4) B. That person has successfully completed the
examination authorized by the Department within the past
5 years.
(Source: P.A. 86-596; 87-1237; revised 10-31-98.)
(225 ILCS 75/19) (from Ch. 111, par. 3719)
Sec. 19. (a) The Department may refuse to issue or
renew, or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $2,500 for each
violation, with regard to any license for any one or
combination of the following:
(1) Material misstatement in furnishing information
to the Department;
(2) Wilfully violating this Act, or of the rules
promulgated thereunder;
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof which is
a felony or which is a misdemeanor, an essential element
of which is dishonesty, or of any crime which is directly
related to the practice of occupational therapy;
(4) Making any misrepresentation for the purpose of
obtaining certification, or violating any provision of
this Act or the rules promulgated thereunder pertaining
to advertising;
(5) Having demonstrated unworthiness, or
incompetency to act as an occupational therapist or
occupational therapy assistant in such manner as to
safeguard the interest of the public;
(6) Wilfully aiding or assisting another person,
firm, partnership or corporation in violating any
provision of this Act or rules;
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual intoxication or addiction to the use
of drugs;
(10) Discipline by another state, the District of
Columbia, a territory, or foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for professional services not actually or
personally rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has
violated the terms of the discipline;
(13) Wilfully making or filing false records or
reports in the practice of occupational therapy,
including but not limited to false records filed with the
State agencies or departments;
(14) Physical illness, including but not limited
to, deterioration through the aging process, or loss of
motor skill which results in the inability to practice
the profession with reasonable judgment, skill or safety;
(15) Solicitation of professional services other
than by permitted advertising;
(16) Wilfully exceeding the scope of practice
customarily undertaken by persons licensed under this
Act, which conduct results in, or may result in, harm to
the public;
(17) Holding one's self out to practice
occupational therapy under any name other than his own or
impersonation of any other occupational therapy licensee
license;
(18) Gross negligence;
(19) Malpractice;
(20) Obtaining a fee in money or gift in kind of
any other items of value or in the form of financial
profit or benefit as personal compensation, or as
compensation, or charge, profit or gain for an employer
or for any other person or persons, on the fraudulent
misrepresentation that a manifestly incurable condition
of sickness, disease or injury to any person can be
cured;
(21) Accepting commissions or rebates or other
forms of remuneration for referring persons to other
professionals;
(22) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied;
(23) Violating the Health Care Worker Self-Referral
Act; and
(24) Having treated patients other than by the
practice of occupational therapy as defined in this Act,
or having treated patients as a licensed occupational
therapist independent of a referral from a physician, or
having failed to notify the physician who established a
diagnosis that the patient is receiving occupational
therapy pursuant to that diagnosis.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as
an automatic suspension. Such suspension will end only upon
a finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, an order by the
court so finding and discharging the patient, and the
recommendation of the Board to the Director that the license
holder be allowed to resume his practice.
(Source: P.A. 87-1207; 88-424; revised 10-31-98.)
(225 ILCS 75/19.10) (from Ch. 111, par. 3729)
Sec. 19.10. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that: thereof and
(1) That the signature is the genuine signature of
the Director;
(2) That the Director is duly appointed and
qualified; and
(3) That the Board and the members thereof are
qualified to act.
(Source: P.A. 83-696; revised 4-20-98.)
Section 131. The Illinois Optometric Practice Act of
1987 is amended by changing Section 26.10 as follows:
(225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
Sec. 26.10. Order or certified copy as prima facie
proof. An order or a certified copy thereof, over the seal
of the Department and purporting to be signed by the
Director, shall be prima facie proof that thereof:
(a) the That such signature is the genuine
signature of the Director;
(b) the That such Director is duly appointed and
qualified; and
(c) That the Board and the members member thereof
are qualified to act.
(Source: P.A. 89-702, eff. 7-1-97; revised 4-10-98.)
Section 132. The Pharmacy Practice Act of 1987 is
amended by changing Section 35.13 as follows:
(225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
Sec. 35.13. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that: thereof;
(a) the that such signature is the genuine
signature of the Director;
(b) the that such Director is duly appointed and
qualified; and
(c) that the Board and the members thereof are
qualified to act.
(Source: P.A. 85-796; revised 4-10-98.)
Section 133. The Illinois Physical Therapy Act is
amended by changing Sections 3, 8, and 26 as follows:
(225 ILCS 90/3) (from Ch. 111, par. 4253)
Sec. 3. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall:
1. Prescribe rules defining what constitutes a
curriculum for physical therapy that is reputable and in good
standing.
2. Adopt rules providing for the establishment of a
uniform and reasonable standard of instruction and
maintenance to be observed by all curricula for physical
therapy which are approved by the Department; and determine
the reputability and good standing of such curricula for
physical therapy by reference to compliance with such rules,
provided that no school of physical therapy that refuses
admittance to applicants solely on account of race, color,
creed, sex or national origin shall be considered reputable
and in good standing.
3. Prescribe and publish rules for a method of
examination of candidates for licensed physical therapists
and licensed physical therapist assistants and for issuance
of licenses authorizing candidates upon passing examination
to practice as licensed physical therapists and licensed
physical therapist assistants.
4. Review application to ascertain the qualifications of
applicants for licenses.
5. Authorize examinations to ascertain the
qualifications of those applicants who require such
examinations as a component of a license.
6. Conduct hearings on proceedings to refuse to issue
licenses and to discipline persons who are licensed under
this Act and refuse to issue such licenses, and to discipline
such licensees, or to refuse to issue a license to any person
who has practiced physical therapy in violation of this Act,
prior to applying for a license.
7. Formulate rules required for the administration of
this Act.
8. The Department shall Maintain a list of licensed
physical therapists and licensed physical therapist
assistants authorized to practice in the State. This list
shall show the name of every licensee, his last known place
of residence and the date and number of his or her license.
Any interested person in the State may obtain a copy of that
list on application to the Department and payment of the
required fee.
9. The Department shall Exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensing Acts.
(Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)
(225 ILCS 90/8) (from Ch. 111, par. 4258)
Sec. 8. Qualifications for licensure as a Physical
Therapist.
(a) A person is qualified to receive a license as a
physical therapist if that person has applied in writing, on
forms prescribed by the Department, has paid the required
fees, and meets all of the following requirements:
(1) He or she is at least 18 years of age and of
good moral character. In determining moral character, the
Department may take into consideration any felony
conviction of the applicant, but such a conviction shall
not operate automatically as a complete bar to a
license.;
(2) He or she has graduated from a curriculum in
physical therapy approved by the Department. In
approving a curriculum in physical therapy, the
Department shall consider, but not be bound by,
accreditation by the Commission on Accreditation in
Physical Therapy Education. A person who graduated from a
physical therapy program outside the United States or its
territories shall have his or her degree validated as
equivalent to a physical therapy degree conferred by a
regionally accredited college or university in the United
States. The Department may establish by rule a method
for the completion of course deficiencies.; and
(3) He or she has passed an examination approved by
the Department to determine his fitness for practice as a
physical therapist, or is entitled to be licensed without
examination as provided in Sections 10 and 11 of this
Act. A person who graduated from a physical therapy
program outside the United States or its territories and
whose first language is not English shall submit
certification of passage of the Test of English as a
Foreign Language (TOEFL) and the Test of Spoken English
(TSE) as defined by rule prior to taking the licensure
examination.
(b) (4) The Department reserves the right and may
request a personal interview of an applicant before the
Committee to further evaluate his or her qualifications for a
license.
(Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)
(225 ILCS 90/26) (from Ch. 111, par. 4276)
Sec. 26. Order or certified copy; Thereof - prima facie
proof. An order or a certified copy thereof, over the seal
of the Department and purporting to be signed by the
Director, shall be prima facie proof that: thereof;
(a) the That such signature is the genuine
signature of the Director;
(b) the That such Director is duly appointed and
qualified; and
(c) that the Committee and the members thereof are
qualified to act.
(Source: P.A. 84-595; revised 4-10-98.)
Section 134. The Physician Assistant Practice Act of
1987 is amended by changing Section 22.10 as follows:
(225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
Sec. 22.10. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that: thereof;
(a) the That such signature is the genuine
signature of the Director;
(b) the That such Director is duly appointed and
qualified; and
(c) That the Disciplinary Board and the members
thereof are qualified to act.
(Source: P.A. 85-981; revised 4-10-98.)
Section 135. The Podiatric Medical Practice Act of 1987
is amended by changing Sections 35 and 36 as follows:
(225 ILCS 100/35) (from Ch. 111, par. 4835)
Sec. 35. Order or certified copy; thereof - prima facie
proof. An order or a certified copy thereof, over the seal
of the Department and purporting to be signed by the
Director, shall be prima facie proof that: thereof and
(a) the that such a signature is the genuine
signature of the Director;
(b) the that such Director is duly appointed and
qualified; and
(c) that the Board and the members thereof are
qualified to act.
(Source: P.A. 85-918; revised 4-10-98.)
(225 ILCS 100/36) (from Ch. 111, par. 4836)
Sec. 36. Restoration of suspended or revoked license
licensed. At any time after the suspension or revocation of
any license, the Department may restore it to the accused
person, upon the written recommendation of the Board, unless
after an investigation and a hearing, the Board determines
that restoration is not in the public interest.
(Source: P.A. 85-918; revised 10-31-98.)
Section 136. The Professional Boxing and Wrestling Act
is amended by changing Section 23 as follows:
(225 ILCS 105/23) (from Ch. 111, par. 5023)
Sec. 23. Fees. The following fees are not refundable:
1. The fee for a permit to hold an athletic event shall
be $25.
2. The fee for a license as a boxing promoter shall be
$300 and the fee for renewal shall be calculated at the rate
of $150 per year.
3. (Blank). The fee for a license as a boxing promoter
shall be $300 and the fee for renewal shall be calculated at
the rate of $150 per year.
4. The fee for a license as boxing contestant shall be
$20 and the fee for renewal shall be calculated at the rate
of $10 per year.
5. The fee for a license as a referee shall be $100 and
the fee for renewal shall be calculated at the rate of $50
per year.
6. The fee for a license as a judge shall be $10 and the
fee for renewal shall be calculated at the rate of $5 per
year.
7. The fee for a license as a manager shall be $50 and
the fee for renewal shall be calculated at the rate of $25
per year.
8. The fee for a license as a trainer (second) shall be
$10, and the fee for renewal shall be calculated at the rate
of $5 per year.
9. The fee for a license as a timekeeper shall be $50
and the fee for renewal shall be calculated at the rate of
$25 per year.
10. The fee for a registration of a wrestling promoter
shall be $300 and the fee for renewal shall be calculated at
the rate of $150 per year.
(Source: P.A. 82-522; revised 10-28-98.)
Section 137. The Respiratory Care Practice Act is
amended by changing Section 60 as follows:
(225 ILCS 106/60)
Sec. 60. Professional identification. (a) A person who
is licensed with the Department of Professional Regulation in
this State may use the title, "respiratory care practitioner"
and the abbreviation "RCP".
(Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.)
Section 138. The Veterinary Medicine and Surgery
Practice Act of 1994 is amended by changing Sections 25.10
and 28 as follows:
(225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
Sec. 25.10. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that thereof:
(a) the That such signature is the genuine
signature of the Director;
(b) the That such Director is duly appointed and
qualified; and
(c) That the Board and the members thereof are
qualified to act.
(Source: P.A. 83-1016; revised 10-14-98.)
(225 ILCS 115/28) (from Ch. 111, par. 7028)
Sec. 28. Previous laws. Rights and obligations incurred
and any actions commenced under the Veterinary Medicine and
Surgery Practice Act, as that Act or the Veterinary Medicine
and Surgery Practice Act of 1983 as those Acts existed prior
to the effective date of this Act, shall not be impaired by
the enactment of this Act. Rights and obligations incurred
and any actions commenced under this Act as it existed prior
to the effective date of Public Act 88-424 shall not be
impaired by the enactment of that amendatory Act. Rules
adopted under the former Act Acts, unless clearly
inconsistent with the provisions of this Act, shall remain in
effect until amended or rescinded.
All licenses legally issued in this State permitting the
holder thereof to practice veterinary medicine and surgery
and valid and in effect on the taking effect of this Act
shall have the same force, and be subject to the same
authority of the Department to revoke or suspend them, as
licenses issued under this Act.
(Source: P.A. 88-424; revised 8-10-98.)
Section 139. The Wholesale Drug Distribution Licensing
Act is amended by changing Sections 75 and 140 as follows:
(225 ILCS 120/75) (from Ch. 111, par. 8301-75)
Sec. 75. Automatic suspension. The determination by a
circuit court that a licensee is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. The suspension shall end only upon (i)
a finding by a court that the patient is no not longer
subject to involuntary admission or judicial admission and
the issuance of an order so finding and discharging the
patient and (ii) the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 87-594; revised 10-31-98.)
(225 ILCS 120/140) (from Ch. 111, par. 8301-140)
Sec. 140. Orders; prima facie proof. An order or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie
proof that:;
(a) that the signature is the genuine signature of
the Director;
(b) that the Director is duly appointed and
qualified; and
(c) that the Board and its members are qualified to
act.
(Source: P.A. 87-594; revised 10-14-98.)
Section 140. The Illinois Explosives Act is amended by
changing Section 2005 as follows:
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure. A person is
qualified to receive a license under this Act if the person
meets the following minimum requirements:
(1) is at least 21 years of age;
(2) has not willfully violated any provisions of
this Act;
(3) has not made any material misstatement or
knowingly withheld information in connection with any
original or renewal application;
(4) has not been declared incompetent by any
competent court by reasons of mental or physical defect
or disease unless a court has since declared him
competent;
(5) does not abuse alcohol or prescription drugs or
use illegal drugs;
(6) has not been convicted in any jurisdiction of
any felony within the prior 5 years;
(7) is not a fugitive from justice; and
(8) is of good moral character. Convictions of
crimes not listed in subsection (6) of this Section may
be taken into account in determining moral character but
shall not operate as an absolute bar to licensure; and
(9) has passed the oral and written examinations
required under Section 2004 of this Act.
A licensee shall continue to meet these requirements in
order to maintain his license.
(Source: P.A. 87-835; 88-599, eff. 9-1-94; revised 10-31-98.)
(225 ILCS 220/0.01 rep.)
Section 141. The Hazardous Waste Equipment Operators and
Laborers Licensing Act (Public Act 85-1195) is amended by
repealing Section 0.01.
Section 142. The Illinois Architecture Practice Act of
1989 is amended by changing Section 30 as follows:
(225 ILCS 305/30) (from Ch. 111, par. 1330)
Sec. 30. Order to be prima facie proof. An order of
revocation or suspension or a certified copy thereof, over
the seal of the Department and purporting to be signed by the
Director, shall be prima facie proof that:
(a) the Such signature is the genuine signature of
the Director;.
(b) the That such Director is duly appointed and
qualified; and.
(c) That the Board and the members thereof are
qualified to act.
Such proof may be rebutted.
(Source: P.A. 86-702; revised 4-10-98.)
Section 143. The Interior Design Profession Title Act is
amended by changing Sections 4, 13, and 29 as follows:
(225 ILCS 310/4) (from Ch. 111, par. 8204)
Sec. 4. (a) No individual shall, without a valid
registration as an interior designer issued by the
Department, in any manner hold himself out to the public as
an interior designer or attach the title "interior designer"
or any other name or designation which would in any way imply
that he is able to use the title "interior designer" as
defined in this Act. No individual shall, without a valid
registration as a residential interior designer issued by the
Department, in any manner hold himself out to the public as a
residential interior designer, or use the title "residential
interior designer" or any name or designation that would in
any way imply that he is able to use the title "residential
interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as
preventing or restricting the services offered or advertised
by an interior designer who is registered under this Act.
(b) Nothing in this Act shall prevent the employment, by
an interior designer or residential interior designer,
association, partnership, or a corporation furnishing
interior design or residential interior design services for
remuneration, of persons not registered as interior designers
or residential interior designers to perform services in
various capacities as needed, provided that the persons do
not represent themselves as, or use the title of, "interior
designer", "registered interior designer", "residential
interior designer" or "registered residential interior
designer".
(c) Nothing in this Act shall be construed to limit the
activities and use of the title "interior designer" or
"residential interior designer" on the part of a person not
registered under this Act who is a graduate of an interior
design program and a full-time employee of a duly chartered
institution of higher education insofar as such person
engages in public speaking, with or without remuneration,
provided that such person does not represent himself to be an
interior designer or use the title "registered interior
designer" or "registered residential interior designer".
(d) Nothing contained in this Act shall restrict any
person not registered under this Act from carrying out any of
the activities listed in the definition of "the profession of
interior design" in under paragraph (f) of Section 3 (3) if
such person does not represent himself or his services in any
manner prohibited by this Act.
(e) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of any
person licensed in this State under any other law from
engaging in the profession or occupation for which he is
licensed.
(f) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of
engineers licensed under the Professional Engineering
Practice Act of 1989 or the Structural Engineering Licensing
Act of 1989; architects licensed pursuant to the Illinois
Architectural Practice Act of 1989; any interior decorator or
individual offering interior decorating services including,
but not limited to, the selection of surface materials,
window treatments, wall coverings, furniture, accessories,
paint, floor coverings, and lighting fixtures; or builders,
home furnishings salespersons, and similar purveyors of goods
and services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services
or from using the title "interior designer" or "residential
interior designer". Nothing in this Act shall be construed
as requiring the services of an interior designer or
residential interior designer for the interior designing of a
single family residence.
(h) Nothing in this Act shall authorize interior
designers or residential interior designers to perform
services, including life safety services that they are
prohibited from performing, or any practice (i) that is
restricted in the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, or the
Structural Engineering Licensing Act of 1989, or (ii) that
they are not authorized to perform under the Environmental
Barriers Act.
(Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
(225 ILCS 310/13) (from Ch. 111, par. 8213)
Sec. 13. Refusal, revocation or suspension of
registration. The Department may refuse to issue, renew, or
restore or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any registration for any one or
combination of the following causes:
(a) Fraud in procuring the certificate of
registration.
(b) Habitual intoxication or addiction to the use
of drugs.
(c) Making any misrepresentations or false
promises, directly or indirectly, to influence, persuade,
or induce patronage.
(d) Professional connection or association with, or
lending his name, to another for illegal use of the title
"interior designer" or "residential interior designer",
or professional connection or association with any
person, firm, or corporation holding itself out in any
manner contrary to this Act.
(e) Obtaining or seeking to obtain checks, money,
or any other items of value by false or fraudulent
representations.
(f) Use of the title under a name other than his
own.
(g) Improper, unprofessional, or dishonorable
conduct of a character likely to deceive, defraud, or
harm the public.
(h) Conviction in this or another state, or federal
court, of any crime which is a felony, if the Department
determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public
trust.
(i) A violation of any provision of this Act or its
rules.
(j) Revocation by another state, the District of
Columbia, territory, or foreign nation of an interior
design or residential interior design registration if at
least one of the grounds for that revocation is the same
as or the equivalent of one of the grounds for revocation
set forth in this Act.
(k) Mental incompetence as declared by a court of
competent jurisdiction.
(l) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
The Department shall deny a registration or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student
Assistance Commission; however, the Department may issue a
certificate of registration or renewal if such person has
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest showing in a filed return,
or to pay any final assessment of tax, penalty, or interest,
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
The entry of a decree by any circuit court establishing
that any person holding a certificate of registration under
this Act is a person subject to involuntary admission under
the Mental Health and Developmental Disabilities Code shall
operate as a suspension of that registration. That person
may resume using the title "interior designer" or
"residential interior designer" only upon a finding by the
Board that he has been determined to be no longer subject to
involuntary admission by the court and upon the Board's
recommendation to the Director that he be permitted to resume
using the title "interior designer" or "residential interior
designer".
(Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
(225 ILCS 310/29) (from Ch. 111, par. 8229)
Sec. 29. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions
of that Act were included in this Act, except that the
provision of subsection (d) of Section 10-65 of the Illinois
Administrative Administration Procedure Act that provides
that at hearings the registrant has the right to show
compliance with all lawful requirements for retention,
continuation, or renewal of the registration is specifically
excluded. For the purposes of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed to the last known
address of a party.
(Source: P.A. 88-45; 88-650, eff. 9-16-94; revised 10-31-98.)
Section 144. The Illinois Landscape Architecture Act of
1989 is amended by changing Section 25 as follows:
(225 ILCS 315/25) (from Ch. 111, par. 8125)
Sec. 25. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
(a) the Such signature is the genuine signature of
the Director;.
(b) the That such Director is duly appointed and
qualified; and.
(c) That the Board and the members thereof are
qualified to act.
(Source: P.A. 88-363; revised 4-10-98.)
Section 145. The Illinois Plumbing License Law is
amended by changing Section 25 as follows:
(225 ILCS 320/25) (from Ch. 111, par. 1124)
Sec. 25. Order or certified copy; prima facie proof. An
order of suspension, revocation, or reinstatement of a
license, or of dismissal of a complaint or petition, or a
certified copy of such an order, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
(a) the Such signature is the genuine signature of
the Director; and.
(b) the That such Director is duly appointed and
qualified.
(Source: P.A. 83-878; revised 4-10-98.)
Section 146. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Section 37 as follows:
(225 ILCS 330/37) (from Ch. 111, par. 3287)
Sec. 37. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
(a) the Such signature is the genuine signature of
the Director;.
(b) That the Director is duly appointed and
qualified; and.
(c) That the Board and the members thereof are
qualified to act.
(Source: P.A. 86-987; revised 5-6-98.)
Section 147. The Structural Engineering Licensing Act of
1989 is amended by changing Section 28 as follows:
(225 ILCS 340/28) (from Ch. 111, par. 6628)
Sec. 28. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
1. the Such signature is the genuine signature of
the Director;.
2. the That such Director is duly appointed and
qualified; and.
3. That the Board and the members thereof are
qualified to act.
Such proof may be rebutted.
(Source: P.A. 86-711; revised 5-6-98.)
Section 148. The Barber, Cosmetology, Esthetics, and
Nail Technology Act of 1985 is amended by changing Sections
1-11, 3-4, 3A-5, 3C-5, and 4-16 as follows:
(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
Sec. 1-11. Exceptions to Act.
(a) Nothing in this Act shall be construed to apply to
the educational activities conducted in connection with any
monthly, annual or other special educational program of any
bona fide association of licensed cosmetologists,
estheticians, nail technicians, or barbers, or licensed
cosmetology, esthetics, nail technology, or barber schools
from which the general public is excluded.
(b) Nothing in this Act shall be construed to apply to
the activities and services of registered nurses or licensed
practical nurses, as defined in the Nursing and Advanced
Practice Nursing Act, or to personal care or health care
services provided by individuals in the performance of their
duties as employed or authorized by facilities or programs
licensed or certified by State agencies. As used in this
subsection (b), "personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs or
maintenance or general supervision and oversight of the
physical and mental well-being of an individual who is
incapable of maintaining a private, independent residence or
who is incapable of managing his or her person whether or not
a guardian has been appointed for that individual. The
definition of "personal care" as used in this subsection (b)
shall not otherwise be construed to negate the requirements
of this Act or its rules.
(c) Nothing in this Act shall be deemed to require
licensure of individuals employed by the motion picture,
film, television, stage play or related industry for the
purpose of providing cosmetology or esthetics services to
actors of that industry while engaged in the practice of
cosmetology or esthetics as a part of that person's
employment.
(Source: P.A. 89-387, eff. 1-1-96; 90-580, eff. 5-21-98;
90-742, eff. 8-13-98; revised 9-21-98.)
(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
Sec. 3-4. Licensure as cosmetology teacher or cosmetology
clinic teacher; qualifications.
(a) A person is qualified to receive license as a
cosmetology teacher if that person has applied in writing on
forms provided by the Department, has paid the required fees,
and:
(1) is at least 18 years of age;
(2) has graduated from high school or its
equivalent;
(3) has a current license as a cosmetologist;
(4) has either: (i) completed 500 hours of teacher
training in a licensed school of cosmetology and had 2
years of practical experience as a licensed cosmetologist
within 5 years preceding the examination; or (ii)
completed 1,000 1000 hours of teacher training in a
licensed school of cosmetology; and
(5) has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetology teacher; and
(6) has met any other requirements of this Act.
A cosmetology teacher who teaches esthetics, in order to
be licensed, shall demonstrate, to the satisfaction of the
Department, current skills in the use of machines used in the
practice of esthetics.
An individual who receives a license as a cosmetology
teacher shall not be required to maintain an active
cosmetology license in order to practice cosmetology as
defined in this Act.
(b) A person is qualified to receive a license as a
cosmetology clinic teacher if he or she has applied in
writing on forms provided by the Department, has paid the
required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its
equivalent;
(3) has a current license as a cosmetologist;
(4) has completed 250 hours of clinic teacher
training in a licensed school of cosmetology and has 2
years of practical experience as a licensed cosmetologist
within 5 years preceding the examination;
(5) has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetology teacher; and
(6) has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
revised 10-31-98.)
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of
applicants for a license licenses as an esthetician or
teacher estheticians, teachers of esthetics at such times and
places as it may determine. The Department shall authorize
no fewer not less than 4 examinations for a license as an
esthetician or a teacher of estheticians, esthetics teachers
in a calendar year.
If an applicant neglects, fails without an approved
excuse, or refuses to take the next available examination
offered for licensure under this Act, the fee paid by the
applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an
examination for licensure under this Act within 3 years after
filing his or her application, the application shall be
denied. However, such applicant may thereafter make a new
application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time of
reapplication. If an applicant for licensure as an
esthetician is unsuccessful at 3 examinations conducted by
the Department, the applicant shall, before taking a
subsequent examination, furnish evidence of not less than 125
hours of additional study of esthetics in an approved school
of cosmetology or esthetics since the applicant last took the
examination. If an applicant for licensure as an esthetics
teacher or esthetics clinic teacher is unsuccessful at 3
examinations conducted by the Department, the applicant
shall, before taking a subsequent examination, furnish
evidence of not less than 80 hours of additional study in
teaching methodology and educational psychology in a licensed
school of cosmetology or esthetics since the applicant last
took the examination. An applicant who fails to pass a
fourth examination shall not again be admitted to an
examination unless (i) in the case of an applicant for
licensure as an esthetician, the applicant shall again take
and complete a total of 750 hours in the study of esthetics
in a licensed school of cosmetology approved to teach
esthetics or a school of esthetics, extending over a period
that commences after the applicant fails to pass the fourth
examination and that is not less than 18 weeks nor more than
4 consecutive years in duration; (ii) in the case of an
applicant for a license as an esthetics teacher, the
applicant shall again take and complete a total of 750 hours
of teacher training in a school of cosmetology approved to
teach esthetics or a school of esthetics, except that if the
applicant had 2 years of practical experience as a licensed
cosmetologist or esthetician within 5 years preceding the
initial examination taken by the applicant, the applicant
must again take and complete 500 hours of teacher training in
licensed cosmetology or a licensed esthetics school; or (iii)
in the case of an applicant for a license as an esthetics
clinic teacher, the applicant shall again take and complete a
total of 250 hours of clinic teacher training in a licensed
school of cosmetology or a licensed school of esthetics.
(b) Each applicant shall be given a written examination
testing both theoretical and practical knowledge which shall
include, but not be limited to, questions that determine the
applicant's knowledge of:
(1) product chemistry;
(2) sanitary rules and regulations;
(3) sanitary procedures;
(4) chemical service procedures;
(5) knowledge of the anatomy of the skin, as it
relates to applicable services under this Act;
(6) the provisions and requirements of this Act;
and
(7) labor and compensation laws.
(c) The examination of applicants for licensure as an
esthetics teacher may include all of the above and may also
include:
(1) teaching methodology;
(2) classroom management; and
(3) record keeping and any other subjects that the
Department may deem necessary to insure competent
performance.
(d) This Act does not prohibit the practice of esthetics
by one who has applied in writing to the Department, in form
and substance satisfactory to the Department, for a license
as an esthetician, an esthetics teacher, or an esthetics
clinic teacher and has complied with all the provisions of
this Act in order to qualify for a license, except the
passing of an examination to be eligible to receive such
license certificate, until: (i) the expiration of 6 months
after the filing of such written application, or (ii) the
decision of the Department that the applicant has failed to
pass an examination within 6 months or failed without an
approved excuse to take an examination conducted within 6
months by the Department, or (iii) the withdrawal of the
application.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
revised 2-24-98.)
(225 ILCS 410/3C-5) (from Ch. 111, par. 1703C-5)
Sec. 3C-5. Pre-existing practitioners; certificate of
registration requirements for nail technology teachers.
(a) For a period of 2 years after January 1, 1992, an
applicant who was acting as a nail technology teacher prior
to January 1, 1992, shall be issued a certificate of
registration as a nail technology teacher if the applicant
meets all of the following requirements:
(1) Completes and submits to the Department the
necessary forms furnished by the Department along with an
application fee of $20.
(2) Is at least 18 years of age.
(3) Has graduated from high school or its
equivalent.
(4) Has 2 years of practical experience as a nail
technology teacher as verified in a written affidavit
executed by an employer or coworker.
(5) Submits proof satisfactory to the Department of
proficiency in the use of nail technology products and
machinery.
(6) Has passed an examination authorized by the
Department to determine the applicant's fitness to
receive a certificate of registration as a nail
technology teacher.
(Source: P.A. 87-786; 87-1237; 88-362; revised 10-31-98.)
(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
Sec. 4-16. Order or certified copy; prima facie proof
evidence. An order of revocation or suspension or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie
proof that:
1. the Such signature is the genuine signature of
the Director;.
2. the That such Director is duly appointed and
qualified; and.
3. That the Committee and the members thereof are
qualified to act.
Such proof may be rebutted.
(Source: P.A. 84-657; revised 10-14-98.)
Section 149. The Illinois Certified Shorthand Reporters
Act of 1984 is amended by changing Section 23.10 as follows:
(225 ILCS 415/23.10) (from Ch. 111, par. 6233)
Sec. 23.10. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that: thereof and
(1) That the signature is the genuine signature of
the Director;
(2) That the Director is duly appointed and
qualified; and
(3) That the Board and the members thereof are
qualified to act.
(Source: P.A. 83-73; revised 5-6-98.)
Section 150. The Detection of Deception Examiners Act is
amended by changing Section 25 as follows:
(225 ILCS 430/25) (from Ch. 111, par. 2426)
Sec. 25. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that: thereof;
(a) the That such signature is the genuine
signature of the Director;
(b) the That such Director is duly appointed and
qualified; and
(c) That the Committee and the members thereof are
qualified to act.
(Source: Laws 1963, p. 3300; revised 10-14-98.)
Section 151. The Ferries Act is amended by changing
Section 1 as follows:
(225 ILCS 435/1) (from Ch. 121, par. 701)
Sec. 1. That No person shall establish, keep or use any
ferry for the conveyance or passage of persons or property,
for profit or hire, unless he shall be licensed as directed
by this Act, under the penalty of $5 for each day the same is
maintained, and $3 for each person and each article of
property so conveyed, to be forfeited to the county in which
the ferry is situated. This Section shall not apply to
ferries heretofore established by law.
(Source: R.S. 1874, p. 530; revised 10-31-98.)
Section 152. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
changing Sections 75 and 80 as follows:
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator in a law enforcement agency of a federal or
State political subdivision, approved by the Board and
the Department; or an applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, approved by the Board and the Department; or
an applicant who has obtained a baccalaureate degree in
police science or a related field or a business degree
from an accredited college or university shall be given
credit for 2 of the 3 years experience required under
this Section. An applicant who has obtained an associate
degree in police science or a related field or in
business from an accredited college or university shall
be given credit for one of the 3 years experience
required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to obtain
liability insurance in amount and coverage type appropriate
as determined by rule for the applicant's individual business
circumstances. The applicant shall provide evidence of
insurance to the Department before being issued a license.
This insurance requirement is a continuing requirement for
licensure. Failure to maintain insurance shall result in
cancellation of the license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license as a private alarm contractor if he or she
meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual who
has received a 4 year degree in electrical engineering or
a related field from a program approved by the Board
shall be given credit for 2 years of experience under
this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
Alternatively, a person is qualified to receive a license
as a private alarm contractor without meeting the
requirements of items (7), (8), and (9) of this subsection,
if he or she:
(i) applies for a license between September 1, 1998
and September 15, 1998, in writing, on forms supplied by
the Department;
(ii) provides proof to the Department that he or
she was engaged in the alarm contracting business on or
before January 1, 1984;
(iii) submits the photographs, fingerprints, proof
of insurance, and current license fee required by the
Department; and
(iv) has not violated Section 25 of this Act.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency except for an individual who,
on the effective date of this Act, is currently and actively
a licensee for more than one agency. Upon written request by
a representative of an agency within 10 days after the loss
of a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency except for any
individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of an agency within
10 days after the loss of a licensed private alarm contractor
in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Proprietary Security Force. All commercial or
industrial operations that employ 5 or more persons as armed
security guards and all financial institutions that employ
armed security guards shall register their security forces
with the Department on forms provided by the Department.
All armed security guard employees of the registered
proprietary security force shall be required to complete a
20-hour basic training course and 20-hour firearm training
course in accordance with administrative rules.
Each proprietary security force shall be required to
apply to the Department, on forms supplied by the Department,
for the issuance of a firearm authorization card, in
accordance with administrative rules, for each armed employee
of the security force.
The Department shall prescribe rules for the
administration of this Section.
(j) Any licensed agency that operates a branch office as
defined in this Act shall apply for a branch office license.
(Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
89-626, eff. 8-9-96; 90-436, eff. 1-1-98; 90-580, eff.
5-21-98; 90-602, eff. 6-26-98; revised 9-16-98.)
(225 ILCS 446/80)
Sec. 80. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
Permanent Employee Registration Card. The holder of an
agency certificate issued under this Act, known in this Act
as "employer", may employ in the conduct of his or her
business employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is under 18 years of age.
(2) Is under 21 years of age if the services will
include being armed.
(3) Has been determined by the Department to be
unfit by reason of conviction of an offense in this or
another state, other than a minor traffic offense. The
Department shall promulgate rules for procedures by which
those circumstances shall be determined and that afford
the applicant due process of law.
(4) Has had a license or permanent employee
registration card refused, denied, suspended, or revoked
under this Act.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, or private alarm
contractor agency, or locksmith agency under this Section
until he or she has executed and furnished to the employer,
on forms furnished by the Department, a verified statement to
be known as "Employee's Statement" setting forth:
(1) The person's full name, age, and residence
address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or
employee registration refused, revoked, or suspended
under this Act.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetency by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed
services of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character,
competency, and integrity of the person executing the
statement.
(c) Each applicant for a permanent employee registration
card shall submit to the Department with the applicable fees,
on fingerprint cards furnished by the Department, 2 complete
sets of fingerprints that are verified to be those of the
applicant. If an applicant's fingerprint cards are returned
to the Department as unclassifiable by the screening agency,
the applicant has 90 days after notification is sent by the
Department to submit additional fingerprint cards taken by a
different technician to replace the unclassifiable
fingerprint cards.
The Department shall notify the submitting licensed
agency within 10 days if the applicant's fingerprint cards
are returned to the Department as unclassifiable. However,
instead of submitting fingerprint cards, an individual may
submit proof that is satisfactory to the Department that an
equivalent security clearance has been conducted. Also, a
full-time peace officer or an individual who has retired as a
peace officer within 12 months of application may submit
verification, on forms provided by the Department and signed
by one's employer, of his or her full-time employment as a
peace officer. "Peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests
for offenses, whether that duty extends to all offenses or is
limited to specific offenses; officers, agents, or employees
of the federal government commissioned by federal statute to
make arrests for violations of federal criminal laws are
considered peace officers.
(d) Upon receipt of the verified fingerprint cards, the
Department shall cause the fingerprints to be compared with
fingerprints of criminals now or hereafter filed with the
Illinois Department of State Police. The Department may also
cause the fingerprints to be checked against the fingerprints
of criminals now or hereafter filed in the records of other
official fingerprint files within or without this State. The
Department shall issue a permanent employee registration
card, in a form the Department prescribes, to all qualified
applicants. The Department shall notify the submitting
licensed agency within 10 days upon the issuance of or intent
to deny the permanent employee registration card. The holder
of a permanent employee registration card shall carry the
card at all times while actually engaged in the performance
of the duties of his or her employment. Expiration and
requirements for renewal of permanent employee registration
cards shall be established by rule of the Department.
Possession of a permanent employee registration card does not
in any way imply that the holder of the card is employed by
an agency unless the permanent employee registration card is
accompanied by the employee identification card required by
subsection (g) of this Section.
(e) Within 5 days of the receipt of the application
materials, the Department shall institute an investigation
for a criminal record by checking the applicant's name with
immediately available criminal history information systems.
(f) Each employer shall maintain a record of each
employee that is accessible to the duly authorized
representatives of the Department. The record shall contain
the following information:
(1) A photograph taken within 10 days of the date
that the employee begins employment with the employer.
The photograph shall be replaced with a current
photograph every 3 calendar years.
(2) The employee's statement specified in
subsection (b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under
subsection (g) of this Section.
(5) Each employee record shall duly note if the employee
is employed in an armed capacity. Armed employee files shall
contain a copy of an active Firearm Owners Identification
Card and a copy of an active Firearm Authorization Card.
(6) Each employer shall maintain a record for each armed
employee of each instance in which the employee's weapon was
discharged during the course of his or her professional
duties or activities. The record shall be maintained on
forms provided by the Department, a copy of which must be
filed with the Department within 15 days of an instance. The
record shall include the date and time of the occurrence, the
circumstances involved in the occurrence, and any other
information as the Department may require. Failure to
provide this information to the Department or failure to
maintain the record as a part of each armed employee's
permanent file is grounds for disciplinary action. The
Department, upon receipt of a report, shall have the
authority to make any investigation it considers appropriate
into any occurrence in which an employee's weapon was
discharged and to take disciplinary action as may be
appropriate.
(7) The Department may, by rule, prescribe further
record requirements.
(g) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent
photograph of the employee, the employee's name, the name and
agency certification number of the employer, the employee's
personal description, the signature of the employer, the
signature of that employee, the date of issuance, and an
employee identification card number.
(h) No employer may issue an employee identification
card to any person who is not employed by the employer in
accordance with this Section or falsely state or represent
that a person is or has been in his or her employ. It is
unlawful for an applicant for registered employment to file
with the Department the fingerprints of a person other than
himself or herself, or to fail to exercise due diligence in
resubmitting replacement fingerprints for those employees who
have had original fingerprint submissions returned as
unclassifiable.
(i) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(j) Every employer shall maintain a separate roster of
the names of all employees currently working in an armed
capacity and submit the roster to the Department on request.
(k) No agency may employ any person under this Act
unless:
(1) The person possesses a valid permanent employee
registration card; or
(2) The agency:
(i) on behalf of each person completes in its
entirety and submits to the Department an
application for a permanent employee registration
card, including the required fingerprint card and
fees;
(ii) exercises due diligence to ensure that
the person is qualified under the requirements of
the Act to be issued a permanent employee
registration card; and
(iii) maintains a separate roster of the names
of all employees whose applications are currently
pending with the Department and submits the roster
to the Department on a monthly basis. Rosters are
to be maintained by the agency for a period of at
least 24 months.
(l) Failure by an agency to submit the application,
fees, and fingerprints specified in this Section before
scheduling the person for work shall result in a fine, in an
amount up to $1,000, or other disciplinary action being
imposed against the agency. Failure to maintain and submit
the specified rosters is grounds for discipline under this
Act.
(m) No person may be employed under this Section in any
capacity if:
(i) The person while so employed is being paid by
the United States or any political subdivision for the
time so employed in addition to any payments he or she
may receive from the employer.
(ii) The person wears any portion of his or her
official uniform, emblem of authority, or equipment while
so employed except as provided in Section 30.
(n) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(Source: P.A. 88-363; 89-366, eff. 1-1-96; revised 10-31-98.)
Section 153. The Illinois Public Accounting Act is
amended by changing Section 21 as follows:
(225 ILCS 450/21) (from Ch. 111, par. 5527)
Sec. 21. Judicial review; cost of record; order as prima
facie proof.
(a) All final administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Such Proceedings for judicial review shall be commenced
in the Circuit Court of the county in which the party
applying for review resides; provided, that if such party is
not a resident of this State, the venue shall be in Sangamon
County.
(b) The Department shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
there is filed in the court with the complaint a receipt from
the Department acknowledging payment of the costs of
furnishing and certifying the record, which costs shall be
established by the Department. Exhibits Exhibit shall be
certified without cost. Failure on the part of the plaintiff
to file such receipt in court shall be grounds for dismissal
of the action.
(c) An order of disciplinary action or a certified copy
thereof, over the seal of the Department and purporting to be
signed by the Director, thereof shall be prima facie proof,
subject to being rebutted, that:
(1) the (a) Such signature is the genuine signature
of the Director;
(2) the (b) That such Director is duly appointed
and qualified; and
(3) (c) That the Committee and the members thereof
are qualified to act.
(Source: P.A. 83-291; revised 5-6-98.)
Section 154. The Real Estate License Act of 1983 is
amended by changing Section 18 as follows:
(225 ILCS 455/18) (from Ch. 111, par. 5818)
Sec. 18. The Office of Banks and Real Estate may refuse
to issue or renew a license, may place on probation, suspend
or revoke any license, or may reprimand or impose a civil
penalty not to exceed $10,000 upon any licensee hereunder for
any one or any combination of the following causes:
(a) Where the applicant or licensee has, by false or
fraudulent representation, obtained or sought to obtain a
license.
(b) Where the applicant or licensee has been convicted
of any crime, an essential element of which is dishonesty or
fraud or larceny, embezzlement, obtaining money, property or
credit by false pretenses or by means of a confidence game,
has been convicted in this or another state of a crime which
is a felony under the laws of this State or has been
convicted of a felony in a federal court.
(c) Where the applicant or licensee has been adjudged to
be a person under legal disability or subject to involuntary
admission or to meet the standard for judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended.
(d) Where the licensee performs or attempts to perform
any act as a broker or salesperson in a retail sales
establishment, from an office, desk or space that is not
separated from the main retail business by a separate and
distinct area within such establishment.
(e) Discipline by another state, the District of
Columbia, territory, or foreign nation of a licensee if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for discipline set
forth in this Act.
(f) Where the applicant or licensee has engaged in real
estate activity without a license, or after the licensee's
license was expired, or while the license was inoperative.
(g) Where the applicant or licensee attempts to subvert
or cheat on the Real Estate License Exam, or aids and abets
an applicant to subvert or cheat on the Real Estate License
Exam administered pursuant to this Act.
(h) Where the licensee in performing or attempting to
perform or pretending to perform any act as a broker or
salesperson, or where such licensee, in handling his own
property, whether held by deed, option, or otherwise, is
found guilty of:
1. Making any substantial misrepresentation, or
untruthful advertising.;
2. Making any false promises of a character likely
to influence, persuade, or induce.;
3. Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
agents, salespersons or advertising or otherwise.;
4. Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any
real estate organization of which the licensee is not a
member.;
5. Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.;
6. Representing or attempting to represent a broker
other than the employer.;
7. Failure to account for or to remit any moneys or
documents coming into their possession which belong to
others.;
8. Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow monies belonging to others
entrusted to a licensee while acting as a real estate
broker, escrow agent, or temporary custodian of the funds
of others, or failure to maintain all escrow monies on
deposit in such account until the transactions are
consummated or terminated, except to the extent that such
monies, or any part thereof, shall be disbursed prior to
the consummation or termination in accordance with (i)
the written direction of the principals to the
transaction or their duly authorized agents, or (ii)
directions providing for the release, payment, or
distribution of escrow monies contained in any written
contract signed by the principals to the transaction or
their duly authorized agents. Such account shall be
noninterest bearing, unless the character of the deposit
is such that payment of interest thereon is otherwise
required by law or unless the principals to the
transaction specifically require, in writing, that the
deposit be placed in an interest bearing account.;
9. Failure to make available to the real estate
enforcement personnel of the Office of Banks and Real
Estate during normal business hours all escrow records
and related documents maintained in connection with the
practice of real estate.;
10. Failing to furnish copies upon request of all
documents relating to a real estate transaction to all
parties executing them.;
11. Paying a commission or valuable consideration
to any person for acts or services performed in violation
of this Act.;
12. Having demonstrated unworthiness or
incompetency to act as a broker or salesperson in such
manner as to endanger the interest of the public.;
13. Commingling the money or property of others
with his own.;
14. Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some
contemplated transactions.;
15. Permitting the use of his license as a broker
to enable a salesperson or unlicensed person to operate a
real estate business without actual participation therein
and control thereof by the broker.;
16. Any other conduct, whether of the same or a
different character from that specified in this Section
which constitutes dishonest dealing.;
17. Displaying a "for rent" or "for sale" sign on
any property without the written consent of an owner or
his duly authorized agent, or advertising by any means
that any property is for sale or for rent without the
written consent of the owner or his authorized agent.;
18. Failing to provide information requested by the
Office of Banks and Real Estate, within 30 days of the
request, either as the result of a formal or informal
complaint to the Office of Banks and Real Estate or as a
result of a random audit conducted by the Office of Banks
and Real Estate, which would indicate a violation of this
Act.;
19. Disregarding or violating any provision of this
Act, or the published rules or regulations promulgated by
the Office of Banks and Real Estate to enforce this Act,
or aiding or abetting any individual, partnership,
limited liability company, or corporation in disregarding
any provision of this Act, or the published rules or
regulations promulgated by the Office of Banks and Real
Estate to enforce this Act.;
20. Advertising any property for sale or
advertising any transaction of any kind or character
relating to the sale of property by whatsoever means,
without clearly disclosing in or on such advertising one
of the following: the name of the firm with which the
licensee is associated, if a sole broker, evidence of the
broker's occupation, or a name with respect to which the
broker has complied with the requirements of the Assumed
Business Name Act "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, whether
such advertising is done by the broker or by any
salesperson or broker employed by the broker.;
21. "Offering "guaranteed sales plans" as defined
in subparagraph (A), except to the extent hereinafter set
forth:
(A) A "guaranteed sales plan" is any real
estate purchase or sales plan whereby a broker
enters into a conditional or unconditional written
contract with a seller by the terms of which a
broker agrees to purchase a property of the seller
within a specified period of time at a specific
price in the event the property is not sold in
accordance with the terms of a listing contract
between the broker and the seller or on other terms
acceptable to the seller.;
(B) A broker offering a "guaranteed sales
plan" shall provide the details and conditions of
such plan in writing to the party to whom the plan
is offered.;
(C) A broker offering a "guaranteed sales
plan" shall provide to the party to whom the plan is
offered, evidence of sufficient financial resources
to satisfy the commitment to purchase undertaken by
the broker in the plan.;
(D) Any broker offering a "guaranteed sales
plan" shall undertake to market the property of the
seller subject to the plan in the same manner in
which the broker would market any other property,
unless such agreement with the seller provides
otherwise.;
(E) Any broker who fails to perform on a
"guaranteed sales plan" in strict accordance with
its terms shall be subject to all the penalties
provided in this Act for violations thereof, and, in
addition, shall be subject to a civil penalty
payable to the party injured by the default in an
amount of up to $10,000.
22. Influencing or attempting to influence, by any
words or acts a prospective seller, purchaser, occupant,
landlord or tenant of real estate, in connection with
viewing, buying or leasing of real estate, so as to
promote, or tend to promote, the continuance or
maintenance of racially and religiously segregated
housing, or so as to retard, obstruct or discourage
racially integrated housing on or in any street, block,
neighborhood or community.;
23. Engaging in any act which constitutes a
violation of Section 3-102, 3-103, 3-104 or 3-105 of the
Illinois Human Rights Act, whether or not a complaint has
been filed with or adjudicated by the Human Rights
Commission.;
24. Inducing any party to a contract of sale or
listing agreement to break such a contract of sale or
listing agreement for the purpose of substituting, in
lieu thereof, a new contract for sale or listing
agreement with a third party.
25. Negotiating a sale, exchange or lease of real
property directly with an owner or lessor without
authority from the listing broker if the licensee knows
that the owner or lessor has a written exclusive listing
agreement covering the property with another broker.
26. Where a licensee is also an attorney, acting as
the attorney for either the buyer or the seller in the
same transaction in which such licensee is acting or has
acted as a broker or salesperson.
27. Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving such merchandise or services are not disclosed
in the same advertisement or offer. Such conditions or
obligations include, but are not limited to, the
requirement that the recipient attend a promotional
activity or visit a real estate site. As used in this
paragraph 27, "free" includes terms such as "award",
"prize", "no charge," "free of charge," "without charge"
and similar words or phrases which reasonably lead a
person to believe that he may receive, or has been
selected to receive, something of value, without any
conditions or obligations on the part of the recipient.
28. Disregarding or violating any provision of the
Illinois Real Estate Time-Share Act, enacted by the 84th
General Assembly, or the published rules or regulations
promulgated by the Office of Banks and Real Estate to
enforce that Act.
29. A finding that the licensee has violated the
terms of the disciplinary order issued by the Office of
Banks and Real Estate.
30. Paying fees or commissions directly to a
licensee employed by another broker.
31. Requiring a party to a transaction who is not a
client of the licensee, as defined in Article 4, to allow
the licensee to retain a portion of the escrow monies for
payment of the licensee's commission or expenses as a
condition for release of the escrow monies to that party.
(Source: P.A. 89-508, eff. 7-3-96; 90-352, eff. 8-8-97;
revised 10-31-98.)
Section 155. The Solicitation for Charity Act is amended
by changing Section 17 as follows:
(225 ILCS 460/17) (from Ch. 23, par. 5117)
Sec. 17. In any solicitation to the public for a
charitable organization by a professional fund raiser or
professional solicitor:
(a) The public member shall be promptly informed by
statement in verbal communications and by clear and
unambiguous disclosure in written materials that the
solicitation is being made by a paid professional fund
raiser. The fund raiser, solicitor, and materials used shall
also provide the professional fund raiser's name and a
statement that contracts and reports regarding the charity
are on file with the Illinois Attorney General and
additionally, in verbal communications, the solicitor's true
name must be provided.
(b) If the professional fund raiser employs or uses a
contract which provides that it will be paid or retain a
certain percentage of the gross amount of each contribution
or shall be paid an hourly rate for solicitation, or the
contract provides the charity will receive a fixed amount or
a fixed percentage of each contribution, the professional
fund raiser and person soliciting shall disclose to persons
being solicited the percentage amount retained or hourly rate
paid to the professional fund raiser and solicitor pursuant
to the contract, and the amount or the percentage to be
received by the charitable organization from each
contribution, if such disclosure is requested by the person
solicited.
(c) Any person, or professional fund raiser, or
professional solicitor soliciting charitable contributions
from the public on behalf of a public safety personnel
organization shall not misrepresent that he or she is they
are in fact a law enforcement person, firefighter, or member
of the organization for whom the contributions are being
raised, and, if requested by the person solicited, he or she
they shall promptly provide his or her their actual name, the
exact legal name of the organization with which he or she is
they are employed and its correct address, as well as, the
exact name of the charitable organization.
(Source: P.A. 90-469, eff. 8-17-97; revised 10-31-98.)
Section 156. The Weights and Measures Act is amended by
changing Section 9 as follows:
(225 ILCS 470/9) (from Ch. 147, par. 109)
Sec. 9. Calibration of field standards procured by
cities. At least once every year, the Director, shall test
the standards of weights and measures procured by any city
for which appointment of a sealer of weights and measures is
provided by this Act.
(Source: P.A. 88-600, eff. 9-1-94; revised 10-31-98.)
Section 157. The Private Employment Agency Act is
amended by changing Section 3 as follows:
(225 ILCS 515/3) (from Ch. 111, par. 903)
Sec. 3. Records. It shall be the duty of every such
licensed person to keep a complete record in the English
language, of all orders for employees which are received from
prospective employers. Upon request of the Department, a
licensee shall verify the date when the order was received,
the name of the person recording the job order, the name and
address of the employer seeking the services of an employee,
the name of the person placing the order, the kind of
employee requested, the qualifications required in the
employee, the salary or wages to be paid if known, and the
possible duration of the job. Prior to the placement of any
job advertisement, an employment agency must have a current,
bona fide job order, and must maintain a copy of both the
advertisement and the job order in a register established
specially for that purpose. The term "current, bona fide
bonafide job order" shall be defined as a job order obtained
by the employment agency within 30 days prior to the
placement of the advertisement. A job order must be renewed
after 45 days and must be annotated with the name of the
representative of the prospective employer who authorized the
renewal and the date on which the renewal was authorized.
Such employment agency shall also keep a complete record
in the English language of each applicant to whom employment
is offered or promised and who is sent out by the agency to
secure a job or interview. This record, which shall be called
the Applicant's Record, shall contain the date when the
applicant was sent out for the job or interview, the name of
the applicant, the name and address of the person or firm to
whom sent, the type of job offered and the wages or salary
proposed to be paid if known.
The agency shall also keep a record of all payments to it
of any and all placement fees received and refunded. This
record shall be called a Fee Transaction record. It shall
contain the date of each transaction, the name of the person
making the remittance, the amount paid, a designation
indicating whether the amount paid is in full or on account,
the receipt number and the date and the amount of any refund.
Notwithstanding the provisions of this Act concerning the
records required to be kept by employment agencies, the
Director of Labor may by regulation permit teachers'
agencies, medical agencies, nurses' registries, theatrical
agencies, contract labor agencies, baby sitter agencies and
such other agencies of a like nature who serve the needs of a
specialized class of workers, to keep such records concerning
job orders, listing of placed applicants, listing of
available applicants and payments of fees by either the
employer or the employee as the Department by regulation may
approve.
The aforesaid records shall be kept in the agency for one
year and shall be open during office hours to inspection by
the Department and its duly qualified agents. No such
licensee, or his employee, shall knowingly make any false
entry in such records.
(Source: P.A. 84-1308; revised 10-31-98.)
Section 158. The Animal Welfare Act is amended by
changing Section 12 as follows:
(225 ILCS 605/12) (from Ch. 8, par. 312)
Sec. 12. Record of hearing. In accordance with Section
10-35 11 of the Illinois Administrative Procedure Act, the
Department shall preserve a record of all proceedings at the
hearing of any case involving refusal to issue or renew a
license, or the suspension or revocation of a license, or the
referral of a case for criminal prosecution. The record of
any such proceeding consists of 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 and the report and orders of the Department.
Copies of the transcript of the record may be obtained from
the Department in accordance with the Illinois Administrative
Procedure Act.
(Source: P.A. 88-457; revised 10-31-98.)
Section 159. The Fluorspar and Underground Limestone
Mines Act is amended by changing Section 9.02 as follows:
(225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216)
Sec. 9.02. For the purpose of ascertaining facts in
connection with any inspection, inquiry, or examination, the
said inspector, shall have full power to compel the
attendance of witnesses by subpoena, to take depositions on
the service of proper or usual notice to the mine owner or
operator as required in the taking of depositions, to
administer oaths, and to examine, cross-examine, and take
such testimony as may be deemed necessary for the information
of the inspector.
The refusal by any person to obey a subpoena issued by
the inspector, or the wilful hindrance hinderance or
obstruction by any person, of the inspector, in the
performance of any of his duties under this Act, shall
constitute a Class A misdemeanor and shall be punished as
hereinafter provided.
Any witness appearing before the inspector in response to
a subpoena so issued, who shall knowingly and wilfully
testify falsely to any material matter, shall be deemed
guilty of perjury and upon conviction as by law provided,
shall be punished for perjury.
(Source: P.A. 77-2830; revised 2-25-98.)
Section 160. The Surface-Mined Land Conservation and
Reclamation Act is amended by changing Sections 4.1 and 5 as
follows:
(225 ILCS 715/4.1) (from Ch. 96 1/2, par. 4505)
Sec. 4.1. Surface Mining Advisory Council.
(a) There is created the Surface Mining Advisory Council
to consist of 10 members, plus the Director of Natural
Resources. Members of the Advisory Council shall be
appointed by the Governor, with the advice and consent of the
Senate. The members appointed to the Council shall represent
the following interests: conservation, agriculture, surface
coal mining industry, aggregate mining industry, local
government, environmental protection, the colleges and
universities, underground mining industry, labor, and the
general public. The members shall be knowledgeable
concerning the nature of problems of surface mining and
surface mining reclamation. The Council shall select from
its members a chairperson and such other officers as it deems
necessary. The term of membership on the Advisory Council
shall be 3 years, except that the Governor may make initial
appointment or fill vacancies for lesser terms so that at
least 3 memberships expire annually. Members may be
reappointed. Vacancies occurring on the Advisory Council
shall be filled, as nearly as possible, with a person
representing the interest of his or her predecessor on the
Advisory Council. Members of the Council shall be reimbursed
for ordinary and necessary expenses incurred in the
performance of the council's duties. Members of the Council
shall, in addition, receive $50 a day for each day spent in
the performance of their duties as Advisory Council members.
(b) The Advisory Council shall meet at least 3 times in
each calendar year on a date specified at least one week in
advance of the meeting. A meeting may be called by the
Director of the Department of Natural Resources or upon the
request of a majority of Advisory Council members.
(c) The Council shall act solely as an advisory body to
the Director of Natural Resources and to the Land Reclamation
Division of the Department of Natural Resources. The
recommendations of the Council shall have no binding effect
on the Director of Natural Resources or on the Division of
Land Reclamation. The advice, findings and recommendations
of the Advisory Council shall be made public in a semi-annual
report published by the Department of Natural Resources.
(d) The Department shall present proposed changes in
rules or regulations related to this Act to the Advisory
Council for its comments before putting such proposed changes
in rules or regulations into effect, except for circumstances
of emergency or other circumstances enumerated in Sections
5-45 and 5-50 and subsection (c) of Section 5-35 subsections
5(b), (d) and (e) of the Illinois Administrative Procedure
Act.
(e) The Council shall review the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) and the
question of development and implementation of an approved
permanent State program thereunder. The Council shall make
its review and written recommendations to the Director of
Natural Resources. The Council may seek comment from
affected persons and the public prior to making its
recommendations.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
Sec. 5. Application for permit; bond; fee; permit.
(a) Application for a permit shall be made upon a form
furnished by the Department, which form shall contain a
description of the tract or tracts of land and the estimated
number of acres thereof to be affected by surface mining by
the applicant to the third succeeding June 30, which
description shall include the section, township, range, and
county in which the land is located and shall otherwise
describe the land with sufficient certainty so that it may be
located and distinguished from other lands, and a statement
that the applicant has the right and power by legal estate
owned to mine by surface mining and to reclaim the land so
described. Such application shall be accompanied by: (i) (a)
a bond or security meeting the requirements of Section 8 of
this Act; and (ii) (b) a fee of $100 for every acre and
fraction of an acre of land to be permitted.
(b) An operator desiring to have his permit amended to
cover additional land may file an amended application with
the Department with such additional fee and bond or security
as may be required under the provisions of this Act. Such
amendment shall comply with all requirements of this Act.
(c) An operator may withdraw any land covered by a
permit, excepting affected land, by notifying the Department
thereof, in which case the penalty of the bond or security
filed by such operator pursuant to the provisions of this Act
shall be reduced proportionately.
(d) Where acreage for which a permit has been in effect
is not mined, or where mining operations have not been
completed thereon, during the permit period, the permit as to
such acreage shall be extended by the Department for another
permit period without payment of any additional fee, if not
more than 25% of the original permit acreage is involved. A
new permit will be required at the regular prescribed fees as
stated in this Section for all acreage in excess of 25%.
(e) Every application, and every amendment to an
application, submitted under this Act shall contain the
following, except that the Director may waive the
requirements of this subsection (e) for amendments if the
affected acreage is similar in nature to the acreage stated
in the permit to be amended:
1. a statement of the ownership of the land and of
the minerals to be mined;
2. the minerals to be mined;
3. the character and composition of the vegetation
and wildlife on lands to be affected;
4. the current and past uses to which the lands to
be affected have been put;
5. the current assessed valuation of the lands to
be affected and the assessed valuation shown by the two
quadrennial assessments next preceding the currently
effective assessment;
6. the nature, depth and proposed disposition of
the overburden;
7. the estimated depth to which the mineral deposit
will be mined;
8. the location of existing roads, and anticipated
access and haulage roads planned to be used or
constructed in conducting surface mining;
9. the technique to be used in surface mining;
10. the location and names of all streams, creeks,
bodies of water and underground water resources within
lands to be affected;
11. drainage on and away from the lands to be
affected including directional flow of water, natural and
artificial drainways and waterways, and streams or
tributaries receiving the discharge;
12. the location of buildings and utility lines
within lands to be affected;
13. the results of core drillings of consolidated
materials in the overburden when required by the
Department, provided that the Department may not require
core drillings at the applicant's expense in excess of
one core drill for every 25 acres of land to be affected;
14. a conservation and reclamation plan and map
acceptable to the Department. The operator shall
designate which parts of the lands to be affected he or
she proposes to reclaim for forest, pasture, crop,
horticultural, homesite, recreational, industrial or
other uses including food, shelter and ground cover for
wildlife and shall show the same by appropriate
designation on a reclamation map. The plan shall:
(i) provide for timely compliance with all
operator duties set forth in Section 6 of this Act
by feasible and available means; and:
(ii) provide for storage of all overburden and
refuse.
15. Information respecting the minerals to be mined
required by subparagraph (e)2 (2) of this Section, respecting
the estimated depth to which the mineral deposit will be
mined required by subparagraph (e)7 (7) of this Section, and
respecting the results of core drillings required by
subparagraph (e)13 (13) of this Section shall be held
confidential by the Department upon written request of the
applicant.
(f) All information required in subsection paragraph (e)
of this Section, with the exception of that information which
is to be held in confidentiality by the Department shall be
made available by the operator for public inspection at the
county seat of each county containing land to be affected.
The county board of each county containing lands to be
affected may propose the use for which such lands within its
county are to be reclaimed and such proposal shall be
considered by the Department, provided that any such proposal
must be consistent with all requirements of this Act.
Such plan shall be deposited with the county board no
less than 60 days prior to any action on the plan by the
Department. All actions by the county board pursuant to this
Section must be taken within 45 days of receiving the plan.
If requested by a county board of a county to be affected
under a proposed permit, a public hearing to be conducted by
the Department shall be held in such county on the permit
applicant's proposed reclamation plan. By rules and
regulations the Department shall establish hearing dates
which provide county boards reasonable time in which to have
reviewed the proposed plans and the procedural rules for the
calling and conducting of the public hearing. Such
procedural rules shall include provisions for reasonable
notice to all parties, including the applicant, and
reasonable opportunity for all parties to respond by oral or
written testimony, or both, to statements and objections made
at the public hearing. County boards and the public shall
present their recommendations at these hearings. A complete
record of the hearings and all testimony shall be made by the
Department and recorded stenographically.
(g) The Department shall approve a conservation and
reclamation plan if, and only if, the plan complies with this
Act and completion of the plan will in fact achieve every
duty of the operator required by this Act. The Department's
approval of a plan shall be based upon the advice of
technically trained foresters, agronomists, economists,
engineers, planners and other relevant experts having
experience in reclaiming surface-mined lands, and having
scientific or technical knowledge based upon research into
reclaiming and utilizing surface-mined lands. The Department
shall consider all testimony presented at the public hearings
as provided in subsection subparagraph (f) of this Section.
In cases where no public hearing is held on a proposed plan,
the Department shall consider written testimony from county
boards when submitted no later than 45 days following filing
of the proposed plan with the county board. The Department
shall immediately serve copies of such written testimony on
the applicant and give the applicant a reasonable opportunity
to respond by written testimony. The Department shall
consider the short and long term impact of the proposed
mining on vegetation, wildlife, fish, land use, land values,
local tax base, the economy of the region and the State,
employment opportunities, air pollution, water pollution,
soil contamination, noise pollution and drainage. The
Department shall consider feasible alternative uses for which
reclamation might prepare the land to be affected and shall
analyze the relative costs and effects of such alternatives.
Whenever the Department does not approve the operator's plan,
and whenever the plan approved by the Department does not
conform to the views of the county board expressed in
accordance with subsection subparagraph (f) of this Section,
the Department shall issue a statement of its reasons for its
determination and shall make such statement public. The
approved plan shall be filed by the applicant with the clerk
of each county containing lands to be affected and such plan
shall be available for public inspection at the office of the
clerk until reclamation is completed and the bond is released
in accordance with the provisions of the Act.
(h) Upon receipt of a bond or security, all fees due
from the operator, and approval of the conservation and
reclamation plan by the Department, the Department shall
issue a permit to the applicant which shall entitle him to
engage thereafter in surface mining on the land therein
described until the third succeeding June 30, the period for
which such permits are issued being hereafter referred to as
the "permit period".
(Source: P.A. 89-26, eff. 6-23-95; revised 10-31-98.)
Section 161. The Surface Coal Mining Land Conservation
and Reclamation Act is amended by changing Section 1.03 as
follows:
(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
Sec. 1.03. Definitions.
(a) Whenever used or referred to in this Act, unless a
different meaning clearly appears from the context:;
(1) "Affected land" means:
(A) in the context of surface mining
operations, the areas described in Section
1.03(a)(24)(B), and
(B) in the context of underground mining
operations, surface areas on which such operations
occur or where such activities disturb the natural
land surface.
(2) "Approximate original contour" means that
surface configuration achieved by backfilling and grading
of the mined area so that the reclaimed area, including
any terracing or access roads, closely resembles the
general surface configuration of the land prior to mining
and blends into and compliments the drainage pattern of
the surrounding terrain, with all highwalls and spoil
piles eliminated.
(3) "Article" means an Article of this Act.
(4) "Department" means the Department of Natural
Resources, or such department, bureau, or commission as
may lawfully succeed to the powers and duties of such
Department.
(5) "Director" means the Director of the Department
or such officer, bureau or commission as may lawfully
succeed to the powers and duties of such Director.
(6) "Federal Act" means the Federal Surface Mining
Control and Reclamation Act of 1977 (Public Law 95-87).
(7) "Imminent danger to the health and safety of
the public" means the existence of any condition or
practice, or any violation of a permit or other
requirement of this Act in a mining and reclamation
operation, which condition, practice, or violation could
reasonably be expected to cause substantial physical harm
to persons outside the permit area before such condition,
practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement
exists if a rational person, subjected to the same
conditions or practices giving rise to the peril, would
not expose himself to the danger during the time
necessary for abatement.
(8) (Blank).
(9) "Interagency Committee" means the Interagency
Committee on Surface Mining Control and Reclamation
created by Section 1.05.
(9-a) "Lands eligible for remining" means those
lands that would otherwise be eligible for expenditures
under the Abandoned Mined Lands and Water Reclamation
Act.
(10) "Mining and reclamation operations" means
mining operations and all activities necessary and
incident to the reclamation of such operations.
(11) "Mining operations" means both surface mining
operations and underground mining operations.
(12) "Operator" means any person engaged in coal
mining, and includes political subdivisions, units of
local government and instrumentalities of the State of
Illinois, and public utilities.
(13) "Permit" means a permit or a revised permit to
conduct mining operations and reclamation issued by the
Department under this Act.
(14) "Permit applicant" or "applicant" means a
person applying for a permit.
(15) "Permit application" or "application" means an
application for a permit under this Act.
(16) "Permit area" means the land described in the
permit.
(17) "Permittee" means a person holding a permit.
(18) "Permit term" means the period during which
the permittee may engage in mining operations under a
permit.
(19) "Person" means an individual, partnership,
copartnership, firm, joint venture, company, corporation,
association, joint stock company, trust, estate,
political subdivision, or any other public or private
legal entity, or their legal representative, agent or
assigns.
(20) "Reclamation" means conditioning areas
affected by mining operations to achieve the purposes of
this Act.
(21) "Reclamation plan" means a plan described in
Section 2.03.
(22) "Regulations" means regulations promulgated
under the Federal Act.
(23) "Section" means a section of this Act.
(24) "Surface mining operations" means (A)
activities conducted on the surface of lands in
connection with a surface coal mine or surface
operations. Such activities include excavation for the
purpose of obtaining coal including such common methods
as contour, strip, auger, mountaintop removal, box cut,
open pit, and area mining, coal recovery from coal waste
disposal areas, the uses of explosives and blasting, and
in situ distillation or retorting, leaching or other
chemical or physical processing, and the cleaning,
concentrating, or other processing or preparation,
loading of coal at or near the mine site; and (B) the
areas on which such activities occur or where such
activities disturb the natural land surface. Such areas
include any adjacent land the use of which is incidental
to any such activities, all lands affected by the
construction of new roads or the improvement or use of
existing roads to gain access to the site of such
activities and for haulage, and excavations, workings,
impoundments, dams, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings,
holes or depressions, repair areas, storage areas,
processing areas, shipping areas and other areas upon
which are sited structures, facilities, or other property
or materials on the surface, resulting from or incident
to such activities.
(25) "Toxic conditions" and "toxic materials" mean
any conditions and materials that will not support higher
forms of plant or animal life in any place in connection
with or as a result of the completion of mining
operations.
(26) "Underground mining operations" means the
underground excavation of coal and (A) surface operations
incident to the underground extraction of coal, such as
construction, use, maintenance, and reclamation of roads,
above-ground repair areas, storage areas, processing
areas, shipping areas, areas on which are sited support
facilities including hoist and ventilation ducts, areas
used for the storage and disposal of waste, and areas on
which materials incident to underground mining operations
are placed, and (B) underground operations incident to
underground excavation of coal, such as underground
construction, operation, and reclamation of shafts,
adits, underground support facilities, in situ
processing, and underground mining, hauling, storage, or
blasting.
(27) "Unwarranted failure to comply" means the
failure of a permittee to prevent the occurrence of or to
abate any violation of his permit or any requirement of
this Act due to indifference, lack of diligence, or lack
of reasonable care.
(b) The Department shall by rule define other terms used
in this Act if necessary or desirable to achieve the purposes
of this Act.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97;
revised 10-31-98.)
Section 162. The Illinois Horse Racing Act of 1975 is
amended by changing Section 5 as follows:
(230 ILCS 5/5) (from Ch. 8, par. 37-5)
Sec. 5. As soon as practicable following the effective
date of this amendatory Act of 1995, the Governor shall
appoint, with the advice and consent of the Senate, members
to the Board as follows: 3 members for terms expiring July 1,
1996; 3 members for terms expiring July 1, 1998; and 3
members for terms expiring July 1, 2000. Thereafter, the
terms of office of the Board members shall be 6 years.
Incumbent members on the effective date of this amendatory
Act of 1995 shall continue to serve only until their
successors are appointed and have qualified.
Each member of the Board shall receive $300 per day for
each day the Board meets and for each day the member conducts
a hearing pursuant to Section 16 of this Act, provided that
no Board member shall receive more than $5,000 in such fees
during any calendar year, or an amount set by the
Compensation Review Board, whichever is greater. Members The
member of the Board shall also be reimbursed for all actual
and necessary expenses and disbursements incurred in the
execution of their official duties.
(Source: P.A. 88-495; 89-16, eff. 5-30-95; revised 10-31-98.)
Section 163. The Raffles Act is amended by changing
Section 5 as follows:
(230 ILCS 15/5) (from Ch. 85, par. 2305)
Sec. 5. Raffles - manager - bond.) (a) All operation of
and the conduct of raffles shall be under the supervision of
a single raffles manager designated by the organization. The
manager shall give a fidelity bond in the sum of an amount
determined by the licensing authority in favor of the
organization conditioned upon his honesty in the performance
of his duties. Terms of the bond shall provide that notice
shall be given in writing to the licensing authority not less
than 30 days prior to its cancellation. The governing body
of a local unit of government may waive this bond requirement
by including a waiver provision in the license issued to an
organization under this Act, provided that a license
containing such waiver provision shall be granted only by
unanimous vote of the members of the licensed organization.
(Source: P.A. 81-1365; revised 10-31-98.)
Section 164. The Bingo License and Tax Act is amended by
changing Section 5.1 as follows:
(230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
Sec. 5.1. The Illinois Administrative Procedure Act is
hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of
Revenue under this Act, except that (1) paragraph (b) of
Section 5-10 of the Illinois Administrative Procedure Act
does not apply to final orders, decisions and opinions of the
Department, (2) subparagraph (a)(ii) (a)2 of Section 5-10 of
the Illinois Administrative Procedure Act does not apply to
forms established by the Department for use under this Act,
and (3) the provisions of Section 10-45 of the Illinois
Administrative Procedure Act regarding proposals for decision
are excluded and not applicable to the Department under this
Act.
(Source: P.A. 88-45; revised 10-31-98.)
Section 165. The Charitable Games Act is amended by
changing Section 13 as follows:
(230 ILCS 30/13) (from Ch. 120, par. 1133)
Sec. 13. The Illinois Administrative Procedure Act shall
apply to all administrative rules and procedures of the
Department of Revenue under this Act, except that (1)
paragraph (b) of Section 5-10 of the Illinois Administrative
Procedure Act does not apply to final orders, decisions and
opinions of the Department, (2) subparagraph (a)(ii) (a)2 of
Section 5-10 of the Illinois Administrative Procedure Act
does not apply to forms established by the Department for use
under this Act, (3) the provisions of Section 10-45 of the
Illinois Administrative Procedure Act regarding proposals for
decision are excluded and not applicable to the Department
under this Act, and (4) the provisions of subsection (d) of
Section 10-65 of the Illinois Administrative Procedure Act do
not apply so as to prevent summary suspension of any license
pending revocation or other action, which suspension shall
remain in effect unless modified by the Department or unless
the Department's decision is reversed on the merits in
proceedings conducted pursuant to the Administrative Review
Law.
(Source: P.A. 88-45; 89-626, eff. 8-9-96; revised 10-31-98.)
Section 166. The Liquor Control Act of 1934 is amended
by changing Sections 1-3, 4-4, 5-1, 5-3, 6-1, 6-11, 7-1,
9-12, and 10-8 as follows:
(235 ILCS 5/1-3) (from Ch. 43, par. 95)
Sec. 1-3. Unless the context otherwise requires, words
and phrases are used in this Act in the sense given them in
the Sections following this Section and preceding Section 2-1
1-3.01 through 1-3.35.
(Source: P.A. 88-91; revised 10-31-98.)
(235 ILCS 5/4-4) (from Ch. 43, par. 112)
Sec. 4-4. Each local liquor control commissioner shall
also have the following powers, functions and duties with
respect to licenses, other than licenses to manufacturers,
importing distributors, distributors, foreign importers,
non-resident dealers, non-beverage users, brokers, railroads,
airplanes and boats.
1. To grant and or suspend for not more than thirty
days or revoke for cause all local licenses issued to
persons for premises within his jurisdiction;
2. To enter or to authorize any law enforcing
officer to enter at any time upon any premises licensed
hereunder to determine whether any of the provisions of
this Act or any rules or regulations adopted by him or by
the State Commission have been or are being violated, and
at such time to examine said premises of said licensee in
connection therewith;
3. To notify the Secretary of State where a club
incorporated under the General Not for Profit Corporation
Act of 1986 or a foreign corporation functioning as a
club in this State under a certificate of authority
issued under that Act has violated this Act by selling or
offering for sale at retail alcoholic liquors without a
retailer's license;
4. To receive complaint from any citizen within his
jurisdiction that any of the provisions of this Act, or
any rules or regulations adopted pursuant hereto, have
been or are being violated and to act upon such
complaints in the manner hereinafter provided;
5. To receive local license fees and pay the same
forthwith to the city, village, town or county treasurer
as the case may be.
In counties and municipalities, the local liquor control
commissioners shall also have the power to levy fines in
accordance with Section 7-5 of this Act.
(Source: P.A. 84-767; 84-816; revised 10-31-98.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class
2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. First Class Winemaker, Class 7. Second Class
Winemaker, Class 8. Limited Wine Manufacturer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's retail license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license.
Nothing in this provision, nor in any subsequent
provision of this Act shall be interpreted as forbidding an
individual or firm from concurrently obtaining and holding a
Winemaker's and a Wine manufacturer's license.
(a) A manufacturer's license shall allow the
manufacture, importation in bulk, storage, distribution and
sale of alcoholic liquor to persons without the State, as may
be permitted by law and to licensees in this State as
follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer
to importing distributors, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of between 40,000 and 50,000 gallons of wine
to manufacturers, importing distributors and distributors,
and to no other licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of less than 20,000 gallons of wine per year,
and the storage and sale of such wine to distributors and
retailers in the State and to persons without the State, as
may be permitted by law.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in this
State and to persons without the State, as may be permitted
by law. A second-class wine-maker's license shall allow the
sale of no more than 10,000 gallons of the licensee's wine
directly to retailers.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which
enlists agents, representatives, or individuals acting on its
behalf who contact licensed retailers on a regular and
continual basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons
acting on behalf of a manufacturer is fulfilled by submitting
a form to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements
in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any
material fact under oath in an application is guilty of a
Class B misdemeanor. Fraud, misrepresentation, false
statements, misleading statements, evasions, or suppression
of material facts in the securing of a registration are
grounds for suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee
into this State from any point in the United States outside
this State, and the purchase of alcoholic liquor in barrels,
casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or
containers so filled shall be sealed, labeled, stamped and
otherwise made to comply with all provisions, rules and
regulations governing manufacturers in the preparation and
bottling of alcoholic liquors. The importing distributor's
license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and
foreign importers only.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a
special event retailer licensee for resale to the extent
permitted under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the
licensee to sell and offer for sale, at retail, alcoholic
liquors for use or consumption, but not for resale in any
form and only at the location and on the specific dates
designated for the special event in the license. An
applicant for a special event retailer license must (i)
furnish with the application: (A) a resale number issued
under Section 2c of the Retailers' Occupation Tax Act or
evidence that the applicant is registered under Section 2a of
the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of
the Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of
the Retailers' Occupation Tax Act, and does not hold an
exemption number under Section 1g of the Retailers'
Occupation Tax Act, in which event the Commission shall set
forth on the special event retailer's license a statement to
that effect; (ii) submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance in the maximum limits;
and (iii) show proof satisfactory to the State Commission
that the applicant has obtained local authority approval.
(f) A railroad license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on a
club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further,
that railroad licensees exercising the above powers shall be
subject to all provisions of Article VIII of this Act as
applied to importing distributors. A railroad license shall
also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on
an electric, gas or steam railway regularly operated by a
common carrier in this State, but shall not permit the sale
for resale of any alcoholic liquors to any licensee within
this State. A license shall be obtained for each car in
which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this
State, which boat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the
licensee to purchase alcoholic liquor from a licensed
manufacturer or importing distributor, without the imposition
of any tax upon the business of such licensed manufacturer or
importing distributor as to such alcoholic liquor to be used
by such licensee solely for the non-beverage purposes set
forth in subsection (a) of Section 8-1 of this Act, and such
licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities
of alcoholic liquor as follows:
Class 1, not to exceed ....................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's retail license shall allow the
licensee to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of
wine per year for use or consumption, but not for resale in
any form; this license shall be issued only to a person
licensed as a first-class or second-class wine-maker. A
wine-maker's retail licensee, upon receiving permission from
the Commission, may conduct business at a second location
that is separate from the location specified in its
wine-maker's retail license. One wine-maker's retail
license-second location may be issued to a wine-maker's
retail licensee allowing the licensee to sell and offer for
sale at retail in the premises specified in the wine-maker's
retail license-second location up to 50,000 gallons of wine
that was produced at the licensee's first location per year
for use and consumption and not for resale.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on an
airplane; and provided further, that airplane licensees
exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any
passenger airplane regularly operated by a common carrier in
this State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A
single airplane license shall be required of an airline
company if liquor service is provided on board aircraft in
this State. The annual fee for such license shall be as
determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States
and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois.
(l) (i) A broker's license shall be required of all
persons who solicit orders for, offer to sell or offer to
supply alcoholic liquor to retailers in the State of
Illinois, or who offer to retailers to ship or cause to be
shipped or to make contact with distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or
offered for sale to such retailer by a broker unless the
broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of
the broker's solicitation of an order or offer to sell or
supply or deliver or have delivered alcoholic liquors,
promptly forward to the Illinois Liquor Control Commission a
notification of said transaction in such form as the
Commission may by regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a
fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any
person who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (1) shall not
entitle the holder to buy or sell any alcoholic liquors for
his own account or to take or deliver title to such alcoholic
liquors.
This subsection (1) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into
this State from any point outside of this State, and to sell
such alcoholic liquor to Illinois licensed foreign importers
and importing distributors and to no one else in this State;
provided that said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand
of alcoholic liquor which it proposes to sell to Illinois
licensees during the license period; and further provided
that it shall comply with all of the provisions of Section
6-9 hereof with respect to registration of such Illinois
licensees as may be granted the right to sell such brands at
wholesale.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from
the licensed premises, provided that a brew pub licensee
shall not sell for off-premises consumption more than 50,000
gallons per year.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed.
(p) An auction liquor license shall allow the licensee
to sell and offer for sale at auction wine and spirits for
use or consumption, or for resale by an Illinois liquor
licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will
permit the auction liquor licensee to hold the auction
anywhere in the State. An auction liquor license must be
obtained for each auction at least 14 days in advance of the
auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred alcoholic
liquor for use or consumption, but not for resale in any
form. A special use permit license may be granted for the
following time periods: one day or less; 2 or more days to a
maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit
with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff.
8-13-98; revised 9-16-98.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall
pay to the State Commission the fee hereinafter provided for
the kind of license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
For a manufacturer's license:
Class 1. Distiller ........................... $3,600
Class 2. Rectifier ........................... 3,600
Class 3. Brewer .............................. 900
Class 4. First-class Wine Manufacturer ....... 600
Class 5. Second-class Second
Class Wine Manufacturer ................. 1,200
Class 6. First-class wine-maker .............. 240
Class 7. Second-class wine-maker ............. 480
Class 8. Limited Wine Manufacturer........... 120
For a Brew Pub License ....................... 1,050
For a caterer retailer's license.............. 200
For a foreign importer's license ............. 25
For an importing distributor's license ....... 25
For a distributor's license .................. 270
For a non-resident dealer's license
(500,000 gallons or over) ............... 270
For a non-resident dealer's license
(under 500,000 gallons) ................. 90
For a wine-maker's retail license ............ 100
For a wine-maker's retail license,
second location ......................... 350
For a retailer's license ..................... 175
For a special event retailer's license,
(not-for-profit) ........................ 25
For a special use permit license,
one day only ............................ 50
2 days or more .......................... 100
For a railroad license ....................... 60
For a boat license ........................... 180
For an airplane license, 60 times the
licensee's maximum number of aircraft
in flight, serving liquor over the
State at any given time, which either
originate, terminate, or make
originates, terminates or makes
an intermediate stop in the State ....... 60
For a non-beverage user's license:
Class 1 ................................. 24
Class 2 ................................. 60
Class 3 ................................. 120
Class 4 ................................. 240
Class 5 ................................. 600
For a broker's license ....................... 600
For an auction liquor license ................ 50
Fees collected under this Section shall be paid into the
Dram Shop Fund. Beginning June 30, 1990 and on June 30 of
each subsequent year, any balance over $5,000,000 remaining
in the Dram Shop Fund shall be credited to State liquor
licensees and applied against their fees for State liquor
licenses for the following year. The amount credited to each
licensee shall be a proportion of the balance in the Dram
Fund that is the same as the proportion of the license fee
paid by the licensee under this Section for the period in
which the balance was accumulated to the aggregate fees paid
by all licensees during that period.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their
use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(b) Universities, colleges of learning or schools
when their use of alcoholic liquor is exclusively
medicinal, mechanical or scientific.
(c) Laboratories when their use is exclusively for
the purpose of scientific research.
The funds received from the $50 increase in the
retailer's license fee imposed by P.A. 86-983 shall be
deposited in the Youth Alcoholism and Substance Abuse
Prevention Fund.
(Source: P.A. 89-250, eff. 1-1-96; 90-77, eff. 7-8-97;
revised 10-31-98.)
(235 ILCS 5/6-1) (from Ch. 43, par. 119)
Sec. 6-1. Privilege granted by license; nature as to
property; transferability transfer ability; tax
delinquencies. A license shall be purely a personal
privilege, good for not to exceed one year after issuance,
except a non-beverage user's license, unless sooner revoked
as in this Act provided, and shall not constitute property,
nor shall it be subject to attachment, garnishment or
execution, nor shall it be alienable or transferable,
voluntarily or involuntarily, or subject to being encumbered
or hypothecated. Such license shall not descend by the laws
of testate or intestate devolution, but it shall cease upon
the death of the licensee, provided that executors or
administrators of the estate of any deceased licensee, and
the trustee of any insolvent or bankrupt licensee, when such
estate consists in part of alcoholic liquor, may continue the
business of the sale or manufacture of alcoholic liquor under
order of the appropriate court, and may exercise the
privileges of the deceased or insolvent or bankrupt licensee
after the death of such decedent, or such insolvency or
bankruptcy until the expiration of such license but not
longer than six months after the death, bankruptcy or
insolvency of such licensee. Except in the case of a
non-beverage user's license, a refund shall be made of that
portion of the license fees paid for any period in which the
licensee shall be prevented from operating under such license
in accordance with the provisions of this paragraph.
Any licensee may renew his license at the expiration
thereof, provided he is then qualified to receive a license
and the premises for which such renewal license is sought are
suitable for such purpose; and provided further that the
renewal privilege herein provided for shall not be construed
as a vested right which shall in any case prevent the city
council or village president and board of trustees or county
board, as the case may be, from decreasing the number of
licenses to be issued within its jurisdiction. No retailer's
license shall be renewed if the Department of Revenue has
reported to the Illinois Liquor Control Commission that such
retailer is delinquent in filing any required tax returns or
paying any amounts owed to the State of Illinois until the
applicant is issued a certificate by the Department of
Revenue stating that all delinquent returns or amounts owed
have been paid by guaranteed remittance or the payment
agreement to pay all amounts owed has been accepted by the
Department. No retailer's license issued by a local liquor
control commissioner shall be renewed unless the applicant
provides documentation that any tax owed to (i) the
municipality in which the applicant is located (in the case
of a license issued by the mayor or president of the board of
trustees of a city, village or incorporated town acting as
local liquor control commissioner) or (ii) the county in
which the applicant is located (in the case of a license
issued by the president or chairman of a county board acting
as local liquor control commissioner) by the applicant has
been satisfied by payment in the form of a cashier's check,
certified check, money order, or cash.
A negotiable instrument received as payment for a license
fee, transfer fee, late fee, offer in compromise,
pre-disciplinary conference settlement, or fine imposed by
order that is dishonored on presentation shall not be
considered payment and shall be cause for disciplinary
action.
(Source: P.A. 89-250, eff. 1-1-96; revised 10-31-98.)
(235 ILCS 5/6-11) (from Ch. 43, par. 127)
Sec. 6-11. No license shall be issued for the sale at
retail of any alcoholic liquor within 100 feet of any church,
school other than an institution of higher learning,
hospital, home for aged or indigent persons or for veterans,
their spouses or children or any military or naval station,
provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of
alcoholic liquors is not the principal business carried on if
the place of business so exempted is not located in a
municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale
at retail of alcoholic liquor on premises within 100 feet of
any church or school where the church or school has been
established within such 100 feet since the issuance of the
original license. In the case of a church, the distance of
100 feet shall be measured to the nearest part of any
building used for worship services or educational programs
and not to property boundaries.
Nothing in this Section shall prohibit the issuance of a
retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of
goods baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000
square feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months
of the effective date of this amendatory Act of 1998.
In the interest of further developing Illinois' economy
in the area of tourism, convention, and banquet business,
nothing in this Section shall prohibit issuance of a retail
license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, or hotel having not fewer than
150 guest room accommodations located in a municipality of
more than 500,000 persons, notwithstanding the proximity of
such hotel, restaurant, or banquet facility to any church or
school, if the licensed premises described on the license are
located within an enclosed mall or building of a height of at
least 6 stories, or 60 feet in the case of a building that
has been registered as a national landmark, and in either
case if the sale of alcoholic liquors is not the principal
business carried on by the licensee license.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where
the sale of alcoholic liquors is not the principal business.
Nothing in this Section shall prohibit the issuance of a
license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods
when groups are assembled on the premises solely for the
promotion of some common object other than the sale or
consumption of alcoholic liquors.
Nothing in this Section shall prohibit a church or church
affiliated school located in a municipality with 75,000 or
more inhabitants from locating within 100 feet of a property
for which there is a preexisting license to sell alcoholic
liquor at retail. In these instances, the local zoning
authority may, by ordinance adopted simultaneously with the
granting of an initial special use zoning permit for the
church or church affiliated school, provide that the 100-foot
restriction in this Section shall not apply to that church or
church affiliated school and future retail liquor licenses.
(Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised
10-31-98.)
(235 ILCS 5/7-1) (from Ch. 43, par. 145)
Sec. 7-1. An applicant for a retail license from the
State Commission shall submit to the State Commission an
application in writing under oath stating:
(1) The applicant's name and mailing address;
(2) The name and address of the applicant's
business;
(3) If applicable, the date of the filing of the
"assumed name" of the business with the County Clerk;
(4) In case of a copartnership, the date of the
formation of the partnership; in the case of an Illinois
corporation, the date of its incorporation; or in the
case of a foreign corporation, the State where it was
incorporated and the date of its becoming qualified under
the Business Corporation Act of 1983 to transact business
in the State of Illinois;
(5) The number, the date of issuance and the date
of expiration of the applicant's current local retail
liquor license;
(6) The name of the city, village, or county that
issued the local retail liquor license;
(7) The name and address of the landlord if the
premises are leased;
(8) The date of the applicant's first request for a
State liquor license and whether it was granted, denied
or withdrawn;
(9) The address of the applicant when the first
application for a State liquor license was made;
(10) The applicant's current State liquor license
number;
(11) The date the applicant began liquor sales at
his place of business;
(12) The address of the applicant's warehouse if he
warehouses liquor;
(13) The applicant's Retailer's Occupation Tax
(ROT) Registration Number;
(14) The applicant's document locater number on his
Federal Special Tax Stamp;
(15) Whether the applicant is delinquent in the
payment of the Retailer's Occupational Tax (Sales Tax),
and if so, the reasons therefor;
(16) Whether the applicant is delinquent under the
cash beer law, and if so, the reasons therefor;
(17) In the case of a retailer, whether he is
delinquent under the 30 day credit law, and if so, the
reasons therefor;
(18) In the case of a distributor, whether he is
delinquent under the 15 day credit law, and if so, the
reasons therefor;
(19) Whether the applicant has made an application
for a liquor license which has been denied, and if so,
the reasons therefor;
(20) Whether the applicant has ever had any
previous liquor license suspended or revoked, and if so,
the reasons therefor;
(21) Whether the applicant has ever been convicted
of a gambling offense or felony, and if so, the
particulars thereof;
(22) Whether the applicant possesses a current
Federal Wagering Stamp, and if so, the reasons therefor;
(23) Whether the applicant, or any other person,
directly in his place of business is a public official,
and if so, the particulars thereof;
(24) The applicant's name, sex, date of birth,
social security number, position and percentage of
ownership in the business; and the name, sex, date of
birth, social security number, position and percentage of
ownership in the business of every sole owner, partner,
corporate officer, director, manager and any person who
owns 5% or more of the shares of the applicant business
entity or parent corporations of the applicant business
entity; and.
(25) That he has not received or borrowed money or
anything else of value, and that he will not receive or
borrow money or anything else of value (other than
merchandising credit in the ordinary course of business
for a period not to exceed 90 days as herein expressly
permitted under Section 6-5 hereof), directly or
indirectly, from any manufacturer, importing distributor
or distributor or from any representative of any such
manufacturer, importing distributor or distributor, nor
be a party in any way, directly or indirectly, to any
violation by a manufacturer, distributor or importing
distributor of Section 6-6 of this Act.
In addition to any other requirement of this Section, an
applicant for a special use permit license and a special
event retailer's license shall also submit (A) proof
satisfactory to the Commission that the applicant has a
resale number issued under Section 2c of the Retailer's
Occupation Tax Act or that the applicant is registered under
Section 2a of the Retailer's Occupation Tax Act, (B) proof
satisfactory to the Commission that the applicant has a
current, valid exemption identification number issued under
Section 1g of the Retailers' Occupation Tax Act and a
certification to the Commission that the purchase of
alcoholic liquors will be a tax-exempt purchase, or (C) a
statement that the applicant is not registered under Section
2a of the Retailers' Occupation Tax Act, does not hold a
resale number under Section 2c of the Retailers' Occupation
Tax Act, and does not hold an exemption number under Section
1g of the Retailers' Occupation Tax Act. The applicant shall
also submit proof of adequate dram shop insurance for the
special event prior to being issued a license.
In addition to the foregoing information, such
application shall contain such other and further information
as the State Commission and the local commission may, by rule
or regulation not inconsistent with law, prescribe.
If the applicant reports a felony conviction as required
under paragraph (21) of this Section, such conviction may be
considered by the Commission in determining qualifications
for licensing, but shall not operate as a bar to licensing.
If said application is made in behalf of a partnership,
firm, association, club or corporation, then the same shall
be signed by one member of such partnership or the president
or secretary of such corporation or an authorized agent of
said partnership or corporation.
All other applications shall be on forms prescribed by
the State Commission, and which may exclude any of the above
requirements which the State Commission rules to be
inapplicable.
(Source: P.A. 89-250, eff. 1-1-96; 90-596, eff. 6-24-98;
revised 10-31-98.)
(235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
Sec. 9-12. Within 10 days after the filing of any
petition under this Article, the official with whom the
petition is filed shall prepare, in quintuplicate, the report
hereinafter prescribed. One copy shall be kept on file in
the official's office, and he shall, by registered mail, send
two copies to the Secretary of State, one copy to the county
clerk and one copy to the person who filed the petition.
The official shall make such report substantially in the
following form:
Report of filing of petition for local option election to
be held on .... in .... (name of precinct, etc.).
Date of filing ....
By whom filed ....
Number of signers ....
Proposal(s) to be voted upon ....
.... (Official)
Immediately upon completion of the canvass of any local
option election, the official shall prepare, in
quadruplicate, a report of the election result as hereinafter
prescribed and shall keep one copy on file in his office and,
within 10 days after the canvass, shall, by registered mail,
send two copies to the Secretary of State and one copy to the
county clerk. The report shall be substantially as follows:
Report of local option election held on .... in ....
(name of precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)
The official shall sign each copy of every report
required by this Section.,
The Secretary of State and the county clerk shall keep on
file in their offices, available for inspection, any report
received by him pursuant to this Section.
(Source: P.A. 82-783; revised 10-31-98.)
(235 ILCS 5/10-8) (from Ch. 43, par. 190)
Sec. 10-8. Whenever complaint is made in writing,
verified by affidavit, to any judge of the circuit court,
that complainant has just and reasonable grounds to believe
and does believe that alcoholic liquor is manufactured,
possessed, kept for sale, used or transported, in violation
of this Act, or any mash, still or other property designed
for the manufacture of alcoholic liquor is possessed in any
premises which are not licensed hereunder, (particularly
describing and designating such property in the complaint),
the judge may issue a search warrant as hereinafter provided;
provided, however, no search warrant shall be necessary for
the inspection or search of any premises licensed under this
Act, and provided, further, that no search warrant shall be
issued for the search of premises in use for residence
purposes. The property seized on any such warrant shall not
be taken from the officer seizing the same on any order of
replevin or other like process.
Each complaint shall be substantially in the following
form:
State of Illinois,)
) ss.
County of Cook. )
Complaint for Search Warrant.
The complaint and affidavit of .... (name of
complainant), of .... (his residence), made before .... (name
of officer) one of the .... (official title of officer), in
and for the .... (county, city or village, as the case may
be), on (insert date), this .... day of .... 19.., being
first duly sworn, upon his oath says: That he has just and
reasonable grounds to believe, and does believe that
alcoholic liquor is now unlawfully (manufactured, possessed,
used, disposed of or kept for sale, or any mash, still or
other property designed for the illegal manufacture of
alcoholic liquor is possessed therein, as the case may be),
to-wit: At and within a certain .... (here describe the
house, building, premises, boat, vehicle, receptacle or other
place to be searched, with particulars as to the location
sufficiently to identify it, stating the name of the person
occupying the same, if known), in the .... (city, village or
town of) ...., in the county and state set out above; that
the following are the reasons for his or her belief, to-wit
.... (here insert the facts upon which such belief is based).
Wherefore complainant prays that a search warrant may issue
according to law.
...........................
(Signature of complainant.)
Subscribed and Sworn to before me on (insert date). this
.... day of .... 19...
............................
(Name of officer.)
............................
(Official title of officer.)
(Source: P.A. 83-346; revised 10-20-98.)
Section 167. The Safety Deposit License Act is amended
by changing Sections 1 and 4 as follows:
(240 ILCS 5/1) (from Ch. 17, par. 1451)
Sec. 1. For the purposes of this Act:;
"Person" means any individual, firm, corporation,
association, trust or other association of individuals.
"Director" means the Director of the Department of
Financial Institutions of the State of Illinois.
(Source: Laws 1967, p. 1668; revised 10-31-98.)
(240 ILCS 5/4) (from Ch. 17, par. 1454)
Sec. 4. Application for a license shall be made to the
Director upon a form furnished by him.
The application shall contain the following information
and the information required by Sections 5 to 10, inclusive,
which shall be sworn to and notarized:;
1. The name under which applicant will conduct his
business.
2. Identity of applicant, whether corporation, general
partnership, limited or special partnership, common law or
business trust, or a sole proprietorship.
3. Date of organization of business.
4. Address at which the business will be conducted if
licensed.
5. Full name and address of owners and holders of title
to premises in which business is to be conducted.
6. If applicant is a successor to the business for which
license is being applied for, the names and addresses of
predecessors and the date the business was acquired by the
applicant.
7. Whether the applicant or any persons interested in or
associated with the applicant are interested either directly
or indirectly in the same or a similar business as that of
the applicant at any place or location other than the one
located at the address stated for which a license is
requested. If such relationship exists, the names and
addresses of the other persons.
8. Information as to any other license, either local,
county, state or federal, that applicant now holds in
connection with the operation or conduct of the business for
which application is now being made for license.
9. Detailed description of kind, number and character of
boxes, safes or other facilities to be offered or used for
safekeeping purposes.
10. Full name and address of manager of applicant's
business.
11. Whether the applicant under the present business
name or any former name has ever been denied a license, or
has had suspended, cancelled or revoked any license for the
conduct or operation of the business of keeping and letting
of safety deposit boxes, safes, vaults or other facilities
under any statute of the State of Illinois or law of any
local or governmental agency providing for the regulation and
licensing of any such business.
12. The application shall, if made by a sole proprietor,
be signed by the proprietor, if made by a partnership by each
of the partners, and if made by a corporation, business trust
or other legal entity by two officers or trustees thereof.
(Source: Laws 1967, p. 1668; revised 10-31-98.)
Section 168. The Illinois Public Aid Code is amended by
changing Sections 3-10.1, 4-8, 5-5.3, 5-5.4a, 5-11.1, 10-10,
10-16.2, 11-16, 11-20, and 11-22 as follows:
(305 ILCS 5/3-10.1) (from Ch. 23, par. 3-10.1)
Sec. 3-10.1. Execution of notice of lien. The County
Department of the county in which the recipient resides shall
execute a notice of lien which shall contain the name and
address of the recipient, a legal description of the
property, the fact that a lien is being claimed for aid paid
under this Article, and such other information as the
Illinois Department may by rule prescribe.
The notice shall designate the County Superintendent of
Public Aid in his official capacity, and his successors in
office, as the holder of the lien and shall be executed by
the County Superintendent, in his official capacity, and
shall be acknowledged substantially in the following form:
"State of Illinois, County of (name of county): I (give
name of the officer and his official title) certify that
(name and official title of superintendent of public aid)
personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that he signed the
instrument as required of him by law, for the uses therein
set forth."
"Dated (insert date). 19
...............................
Signature of officer (Seal)."
(Source: P.A. 84-550; revised 10-20-98.)
(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
Sec. 4-8. Mismanagement of assistance grant.
(a) If the County Department has reason to believe that
the money payment for basic maintenance is not being used, or
may not be used, in the best interests of the child and the
family and that there is present or potential damage to the
standards of health and well-being that the grant is intended
to assure, the County Department shall provide the parent or
other relative with the counseling and guidance services with
respect to the use of the grant and the management of other
funds available to the family as may be required to assure
use of the grant in the best interests of the child and
family. The Illinois Department shall by rule prescribe
criteria which shall constitute evidence of grant
mismanagement. The criteria shall include but not be limited
to the following:
(1) A determination that a child in the assistance
unit is not receiving proper and necessary support or
other care for which assistance is being provided under
this Code.
(2) A record establishing that the parent or
relative has been found guilty of public assistance fraud
under Article VIIIA.
(3) A determination by an appropriate person,
entity, or agency that the parent or other relative
requires treatment for alcohol or substance abuse, mental
health services, or other special care or treatment.
The Department shall at least consider non-payment of
rent for two consecutive months as evidence of grant
mismanagement by a parent or relative of a recipient who is
responsible for making rental payments for the housing or
shelter of the child or family, unless the Department
determines that the non-payment is necessary for the
protection of the health and well-being of the recipient. The
County Department shall advise the parent or other relative
grantee that continued mismanagement will result in the
application of one of the sanctions specified in this
Section.
The Illinois Department shall consider irregular school
attendance by children of school age grades 1 through 8, as
evidence of lack of proper and necessary support or care.
The Department may extend this consideration to children in
grades higher than 8.
The Illinois Department shall develop preventive programs
in collaboration with school and social service networks to
encourage school attendance of children receiving assistance
under Article IV. To the extent that Illinois Department and
community resources are available, the programs shall serve
families whose children in grades 1 through 8 are not
attending school regularly, as defined by the school. The
Department may extend these programs to families whose
children are in grades higher than 8. The programs shall
include referrals from the school to a social service
network, assessment and development of a service plan by one
or more network representatives, and the Illinois
Department's encouragement of the family to follow through
with the service plan. Families that fail to follow the
service plan as determined by the service provider, shall be
subject to the protective payment provisions of this Section
and Section 4-9 of this Code.
Families for whom a protective payment plan has been in
effect for at least 3 months and whose school children
continue to regularly miss school shall be subject to
sanction under Section 4-21. The sanction shall continue
until the children demonstrate satisfactory attendance, as
defined by the school. To the extent necessary to implement
this Section, the Illinois Department shall seek appropriate
waivers of federal requirements from the U.S. Department of
Health and Human Services.
The Illinois Department may implement the amendatory
changes to this Section made by this amendatory Act of 1995
through the use of emergency rules in accordance with the
provisions of Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1995 shall be deemed an emergency and necessary for
the public interest, safety, and welfare.
(b) In areas of the State where clinically appropriate
substance abuse treatment capacity is available, if the local
office has reason to believe that a caretaker relative is
experiencing substance abuse, the local office shall refer
the caretaker relative to a licensed treatment provider for
assessment. If the assessment indicates that the caretaker
relative is experiencing substance abuse, the local office
shall require the caretaker relative to comply with all
treatment recommended by the assessment. If the caretaker
relative refuses without good cause, as determined by rules
of the Illinois Department, to submit to the assessment or
treatment, the caretaker relative shall be ineligible for
assistance, and the local office shall take one or more of
the following actions:
(i) If there is another family member or friend who
is ensuring that the family's needs are being met, that
person, if willing, shall be assigned as protective
payee.
(ii) If there is no family member or close friend
to serve as protective payee, the local office shall
provide for a protective payment to a substitute payee as
provided in Section 4-9. The Department also shall
determine whether if a referral to the Department of
Children and Family Services is warranted and, if
appropriate, shall make the referral.
(iii) The Department shall contact the individual
who is thought to be experiencing substance abuse and
explain why the protective payee has been assigned and
refer the individual to treatment.
(c) This subsection (c) applies to cases other than
those described in subsection (b). If the efforts to correct
the mismanagement of the grant have failed, the County
Department, in accordance with the rules and regulations of
the Illinois Department, shall initiate one or more of the
following actions:
1. Provide for a protective payment to a substitute
payee, as provided in Section 4-9. This action may be
initiated for any assistance unit containing a child
determined to be neglected by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act, and in any case involving a record of
public assistance fraud.
2. Provide for issuance of all or part of the grant
in the form of disbursing orders. This action may be
initiated in any case involving a record of public
assistance fraud, or upon the request of a substitute
payee designated under Section 4-9.
3. File a petition under the Juvenile Court Act of
1987 for an Order of Protection under Section Sections
2-25, 2-26, 3-26, and 3-27, 4-23, 4-24, 5-730, or 5-735
of that Act.
4. Institute a proceeding under the Juvenile Court
Act of 1987 for the appointment of a guardian or legal
representative for the purpose of receiving and managing
the public aid grant.
5. If the mismanagement of the grant, together with
other factors, has have rendered the home unsuitable for
the best welfare of the child, file a neglect petition
under the Juvenile Court Act of 1987, requesting the
removal of the child or children.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
eff. 1-1-98; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98;
revised 10-31-98.)
(305 ILCS 5/5-5.3) (from Ch. 23, par. 5-5.3)
Sec. 5-5.3. Conditions of Payment - Prospective Rates -
Accounting Principles. This amendatory Act establishes
certain conditions for the Department of Public Aid in
instituting rates for the care of recipients of medical
assistance in skilled nursing facilities and intermediate
care facilities. Such conditions shall assure a method under
which the payment for skilled nursing and intermediate care
services, provided to recipients under the Medical Assistance
Program shall be on a reasonable cost related basis, which is
prospectively determined annually by the Department of Public
Aid. The annually established payment rate shall take effect
on July 1 in 1984 and subsequent years. There shall be no
rate increase during calendar year 1983 and the first six
months of calendar year 1984.
The determination of the payment shall be made on the
basis of generally accepted accounting principles that shall
take into account the actual costs to the facility of
providing skilled nursing and intermediate care services to
recipients under the medical assistance program.
The resultant total rate for a specified type of service
shall be an amount which shall have been determined to be
adequate to reimburse allowable costs of a facility that is
economically and efficiently operated. The Department shall
establish an effective date for each facility or group groups
of facilities after which rates shall be paid on a reasonable
cost related basis which shall be no sooner than the
effective date of this amendatory Act of 1977.
(Source: P.A. 83-17; revised 10-31-98.)
(305 ILCS 5/5-5.4a)
Sec. 5-5.4a. Intermediate Care Facility for the
Developmentally Disabled; bed reserve payments.
The Department of Public Aid shall promulgate rules by
October 1, 1993 which establish a policy of bed reserve
payments to Intermediate Care Facilities for the
Developmentally Disabled which addresses the needs of
residents of Intermediate Care Facilities for the
Developmentally Disabled (ICF/DD) and their families.
(a) When a resident of an Intermediate Care Facility for
the Developmentally Disabled (ICF/DD) is absent from the
ICF/DD in which he or she is they are a resident for purposes
of physician authorized in-patient admission to a hospital,
the Department's rules shall, at a minimum, provide provided
(1) bed reserve payments at a daily rate which is 100% of the
client's current per diem rate, for a period not exceeding 10
ten consecutive days; (2) bed reserve payments at a daily
rate which is 75% of a client's current per diem rate, for a
period which exceeds 10 ten consecutive days but does not
exceed 30 thirty consecutive days; and (3) bed reserve
payments at a daily rate which is 50% of a client's current
per diem rate for a period which exceeds thirty consecutive
days but does not exceed 45 forty-five consecutive days.
(b) When a resident of an Intermediate Care Facility for
the Developmentally Disabled (ICF/DD) is absent from the
ICF/DD in which he or she is they are a resident for purposes
of a home visit with a family member the Department's rules
shall, at a minimum, provide (1) bed reserve payments at a
rate which is 100% of a client's current per diem rate, for a
period not exceeding 10 ten days per State fiscal year; and
(2) bed reserve payments at a rate which is 75% of a client's
current per diem rate, for a period which exceeds 10 ten days
per State fiscal year but does not exceed 30 thirty days per
State fiscal year.
(c) No Department rule regarding bed reserve payments
shall require an ICF/DD to have a specified percentage of
total facility occupancy as a requirement for receiving bed
reserve payments.
This Section 5-5.4a shall not apply to any State operated
facilities.
(Source: P.A. 88-247; revised 10-31-98.)
(305 ILCS 5/5-11.1)
Sec. 5-11.1. Cooperative arrangements; contracts with
other State agencies, health care and rehabilitation
organizations, and fiscal intermediaries. The Illinois
Department may enter into cooperative arrangements with State
agencies responsible for administering or supervising the
administration of health services and vocational
rehabilitation services to maximize utilization of these
services in the provision of medical assistance.
The Illinois Department shall, not later than June 30,
1994, enter into one or more cooperative arrangements with
the Department of Mental Health and Developmental
Disabilities providing that the Department of Mental Health
and Developmental Disabilities will be responsible for
administering or supervising all programs for services to
persons in community care facilities for persons with mental
illness, including but not limited to intermediate care
facilities, that are supported by State funds or by funding
under Title XIX of the federal Social Security Act. The
responsibilities of the Department of Mental Health and
Developmental Disabilities under these agreements are
transferred to the Department of Human Services as provided
in the Department of Human Services Act.
The Department may also contract with State health and
rehabilitation agencies and other public or private health
care and rehabilitation organizations to act for it in
supplying designated medical services to persons eligible
under this Section. Any contracts with health services or
health maintenance organizations shall be restricted to
organizations which have been certified as being in
compliance with standards promulgated under the laws of this
State governing the establishment and operation of health
services or health maintenance organizations. The Department
may also contract with insurance companies or other corporate
entities serving as fiscal intermediaries in this State for
the federal government in respect to Medicare payments under
Title XVIII of the federal Social Security Act to act for the
Department in paying medical care suppliers. Nothing in this
Section shall be construed to abrogate any existing
doctor/patient relationships with Illinois Department of
Public Aid recipients or the free choice of clients or their
guardians to select a physician to provide medical care. The
provisions of Section 9 of the State Finance Act
notwithstanding, such contracts with State agencies, other
health care and rehabilitation organizations, or fiscal
intermediaries may provide for advance payments.
(Source: P.A. 88-388; 89-507, eff. 7-1-97; revised 10-31-98.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 9-14-98.)
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
Sec. 10-16.2. Withholding of Income to Secure Payment of
Support. Orders for support entered under this Code are
subject to the Income Withholding for Support Act.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and ; and
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice. A copy of the
income withholding notice together with A copy of the
income withholding notice together with a proof of
service on the other payor shall be filed with the Clerk
of the Circuit Court.
(9) income notice income notice income notice
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
Sec. 11-16. Changes in grants; cancellations,
revocations, suspensions.
(a) All grants of financial aid under this Code shall be
considered as frequently as may be required by the rules of
the Illinois Department. After such investigation as may be
necessary, the amount and manner of giving aid may be changed
or the aid may be entirely withdrawn if the County
Department, local governmental unit, or Illinois Department
finds that the recipient's circumstances have altered
sufficiently to warrant such action. Financial aid may at any
time be canceled or revoked for cause or suspended for such
period as may be proper.
(b) Whenever any such grant of financial aid is
cancelled, revoked, reduced, or terminated because of the
failure of the recipient to cooperate with the Department,
including but not limited to the failure to keep an
appointment, attend a meeting, or produce proof or
verification of eligibility or need, the grant shall be
reinstated in full, retroactive to the date of the change in
or termination of the grant, provided that within 10 working
days after the first day the financial aid would have been
available, the recipient cooperates with the Department and
is not otherwise ineligible for benefits for the period in
question. This subsection (b) does not apply to sanctions
imposed for the failure of any recipient to participate as
required in the child support enforcement program or in any
educational, training, or employment program under this Code
or any other sanction under Section 4-21, nor does this
subsection (b) apply to any cancellation, revocation,
reduction, termination, or sanction imposed for the failure
of any recipient to cooperate in the monthly reporting
process or the quarterly reporting process.
(Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)
(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
Sec. 11-20. Employment registration; Persons "Able to
Engage in Employment" duty to accept employment Conditions
Under Which Employment May Be Refused - Exemptions. This
Section applies to employment and training programs other
than those for recipients of assistance under Article IV.
(1) Each applicant or recipient and dependent member of
the family age 16 or over who is able to engage in employment
and who is unemployed, or employed for less than the full
working time for the occupation in which he or she is
engaged, shall maintain a current registration for employment
or additional employment with the system of free public
employment offices maintained in this State by the State
Department of Employment Security under the Public Employment
Office Act "An Act relating to employment offices and
agencies", approved May 11, 1903, as amended, and shall
utilize the job placement services and other facilities of
such offices unless the Illinois Department otherwise
provides by rule for programs administered by the Illinois
Department.
(2) Every person age 16 or over shall be deemed "able to
engage in employment", as that term is used herein, unless
(a) the person has an illness certified by the attending
practitioner as precluding his or her engagement in
employment of any type for a time period stated in the
practitioner's certification; or (b) the person has a
medically determinable physical or mental impairment, disease
or loss of indefinite duration and of such severity that he
or she cannot perform labor or services in any type of
gainful work which exists in the national economy, including
work adjusted for persons with physical or mental handicap;
or (c) the person is among the classes of persons exempted by
paragraph 5 of this Section. A person described in clauses
(a), (b) or (c) of the preceding sentence shall be classified
as "temporarily unemployable". The Illinois Department shall
provide by rule for periodic review of the circumstances of
persons classified as "temporarily unemployable".
(3) The Illinois Department shall provide through rules
and regulations for sanctions against applicants and
recipients of aid under this Code who fail or refuse to
cooperate, without good cause, as defined by rule of the
Illinois Department, to accept a bona fide offer of
employment in which he or she is able to engage either in the
community of the person's residence or within reasonable
commuting distance therefrom.
The Illinois Department may provide by rule for the grant
or continuation of aid for a temporary period, if federal law
or regulation so permits or requires, to a person who refuses
employment without good cause if he or she accepts counseling
or other services designed to increase motivation and
incentives for accepting employment.
(4) Without limiting other criteria which the Illinois
Department may establish, it shall be good cause of refusal
if
(a) the wage does not meet applicable minimum wage
requirements, or
(b) there being no applicable minimum wage as
determined in (a), the wage is certified by the Illinois
Department of Labor as being less than that which is
appropriate for the work to be performed, or.
(c) acceptance of the offer involves a substantial
threat to the health or safety of the person or any of
his or her dependents.
(5) The requirements of registration and acceptance of
employment shall not apply (a) to a parent or other person
needed at home to provide personal care and supervision to a
child or children unless, in accordance with the rules and
regulations of the Illinois Department, suitable arrangements
have been or can be made for such care and supervision during
the hours of the day the parent or other person is out of the
home because of employment; (b) to a person age 16 or over in
regular attendance in school, as defined in Section 4-1.1; or
(c) to a person whose presence in the home on a substantially
continuous basis is required because of the illness or
incapacity of another member of the household.
The Illinois Department may implement a demonstration
project limited to one county of less than 3 million
population that would require registration for and acceptance
of employment by parents or another person needed at home to
provide personal care and supervision to a child or children
age 3 and over, as allowed by federal law and subject to
rules and regulations of the Illinois Department, provided
suitable arrangements have been or can be made for such care
and supervision during the hours of the day the parents or
other person are out of the home because of employment. Such
suitable arrangements must meet standards and requirements
established under the Child Care Act of 1969, as now or
hereafter amended. Such requirements shall not apply to
parents or another caretaker with a child or children at home
under the age of 3.
(Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)
(305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
Sec. 11-22. Charge upon claims and causes of action for
injuries. The Illinois Department shall have a charge upon
all claims, demands and causes of action for injuries to an
applicant for or recipient of financial aid under Articles
III, IV, V and VII for the total amount of medical assistance
provided the recipient from the time of injury to the date of
recovery upon such claim, demand or cause of action. In
addition, if the applicant or recipient was employable, as
defined by the Department, at the time of the injury, the
Department shall also have a charge upon any such claims,
demands and causes of action for the total amount of aid
provided to the recipient and his dependents, including all
cash assistance and medical assistance only to the extent
includable in the claimant's action, from the time of injury
to the date of recovery upon such claim, demand or cause of
action. Any definition of "employable" adopted by the
Department shall apply only to persons above the age of
compulsory school attendance. Local governmental units shall
have like charges for injuries to an applicant or recipient
under Article VII.
If the injured person was employable at the time of the
injury and is provided aid under Articles III, IV, V or VII
and any dependent or member of his family is provided aid
under Article VI, or vice versa, both the Illinois Department
and the local governmental unit shall have a charge upon such
claims, demands and causes of action for the aid provided to
the injured person and any dependent member of his family,
including all cash assistance, medical assistance and food
stamps, from the time of the injury to the date of recovery.
"Recipient", as used herein, means the grantee of record
and any persons whose needs are included in the financial aid
provided to the grantee of record or otherwise met by grants
under the appropriate Article of this Code for which such
person is eligible.
In each case, the notice shall be served by certified
mail or registered mail, upon the party or parties against
whom the applicant or recipient has a claim, demand or cause
of action. The notice shall claim the charge and describe
the interest the Illinois Department, the local governmental
unit, or the county, has in the claim, demand, or cause of
action. The charge shall attach to any verdict or judgment
entered and to any money or property which may be recovered
on account of such claim, demand, cause of action or suit
from and after the time of the service of the notice.
On petition filed by the Illinois Department, or by the
local governmental unit or county if either is claiming a
charge, or by the recipient, or by the defendant, the court,
on written notice to all interested parties, may adjudicate
the rights of the parties and enforce the charge. The court
may approve the settlement of any claim, demand or cause of
action either before or after a verdict, and nothing in this
Section shall be construed as requiring the actual trial or
final adjudication of any claim, demand or cause of action
upon which the Illinois Department, the local governmental
unit or county has charge. The court may determine what
portion of the recovery shall be paid to the injured person
and what portion shall be paid to the Illinois Department,
the local governmental unit or county having a charge against
the recovery. In making this determination, the court shall
conduct an evidentiary hearing and shall consider competent
evidence pertaining to the following matters:
(1) the amount of the charge sought to be enforced
against the recovery when expressed as a percentage of
the gross amount of the recovery; the amount of the
charge sought to be enforced against the recovery when
expressed as a percentage of the amount obtained by
subtracting from the gross amount of the recovery the
total attorney's fees and other costs incurred by the
recipient incident to the recovery; and whether the
Department, unit of local government or county seeking to
enforce the charge against the recovery should as a
matter of fairness and equity bear its proportionate
share of the fees and costs incurred to generate the
recovery from which the charge is sought to be satisfied;
(2) the amount, if any, of the attorney's fees and
other costs incurred by the recipient incident to the
recovery and paid by the recipient up to the time of
recovery, and the amount of such fees and costs remaining
unpaid at the time of recovery;
(3) the total hospital, doctor and other medical
expenses incurred for care and treatment of the injury to
the date of recovery therefor, the portion of such
expenses theretofore paid by the recipient, by insurance
provided by the recipient, and by the Department, unit of
local government and county seeking to enforce a charge
against the recovery, and the amount of such previously
incurred expenses which remain unpaid at the time of
recovery and by whom such incurred, unpaid expenses are
to be paid;
(4) whether the recovery represents less than
substantially full recompense for the injury and the
hospital, doctor and other medical expenses incurred to
the date of recovery for the care and treatment of the
injury, so that reduction of the charge sought to be
enforced against the recovery would not likely result in
a double recovery or unjust enrichment to the recipient;
(5) the age of the recipient and of persons
dependent for support upon the recipient, the nature and
permanency of the recipient's injuries as they affect not
only the future employability and education of the
recipient but also the reasonably necessary and
foreseeable future material, maintenance, medical,
rehabilitative and training needs of the recipient, the
cost of such reasonably necessary and foreseeable future
needs, and the resources available to meet such needs and
pay such costs;
(6) the realistic ability of the recipient to repay
in whole or in part the charge sought to be enforced
against the recovery when judged in light of the factors
enumerated above.
The burden of producing evidence sufficient to support
the exercise by the court of its discretion to reduce the
amount of a proven charge sought to be enforced against the
recovery shall rest with the party seeking such reduction.
The court may reduce and apportion the Illinois
Department's lien proportionate to the recovery of the
claimant. The court may consider the nature and extent of
the injury, economic and noneconomic loss, settlement offers,
comparative negligence as it applies to the case at hand,
hospital costs, physician costs, and all other appropriate
costs. The Illinois Department shall pay its pro rata share
of the attorney fees based on the Illinois Department's lien
as it compares to the total settlement agreed upon. This
Section shall not affect the priority of an attorney's lien
under the Attorneys Lien Act "An Act concerning attorney's
lien and for enforcement of same", filed June 16, 1909, as
amended. The charges of the Illinois Department described in
this Section, however, shall take priority over all other
liens and charges existing under the laws of the State of
Illinois with the exception of the attorney's lien under said
statute.
Whenever the Department or any unit of local government
has a statutory charge under this Section against a recovery
for damages incurred by a recipient because of its
advancement of any assistance, such charge shall not be
satisfied out of any recovery until the attorney's claim for
fees is satisfied, irrespective of whether or not an action
based on recipient's claim has been filed in court.
This Section shall be inapplicable to any claim, demand
or cause of action arising under (a) the "Workers'
Compensation Act", approved July 9, 1951, as amended, or the
predecessor "Workers' Compensation Act" of June 28, 1913, (b)
the "Workers' Occupational Diseases Act", approved July 9,
1951, as amended, or the predecessor Workers' Occupational
Diseases Act" of March 16, 1936; and (c) the Wrongful Death
Act "An Act requiring compensation for causing death by
wrongful act, neglect or default", approved February 12,
1853, as amended.
(Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
Section 169. The Nursing Home Grant Assistance Act is
amended by changing Section 20 as follows:
(305 ILCS 40/20) (from Ch. 23, par. 7100-20)
Sec. 20. Nursing Home Grant Assistance Fund.
(a) There is created in the State Treasury the Nursing
Home Grant Assistance Fund. Interest earned on the Fund
shall be credited to the Fund.
(b) The Fund is created for the purpose of receiving
moneys in accordance with Section 15, Section 30 and Section
35 of this Act, and disbursing monies for payment of:
(1) grants to eligible individuals under this Act;
(2) administrative expenses incurred by the
Department in performing the activities authorized by
this Act;
(3) refunds to distribution agents as provided for
under this Act; and,
(4) transfers to the General Revenue Fund of any
amounts of Nursing Home Grant Assistance payments
returned to the Department by distribution agents.
The Department shall deposit all moneys received under
this Act in the Nursing Home Grant Assistance Fund.
The Department, subject to appropriation, may use up to
2.5% of the moneys received under this Act for the costs of
administering and enforcing the program.
(c) Within 30 days after the end of the quarterly period
in which the distribution agent is required to file the
certification and make the payment required by this Act, and
after verification with the Illinois Department of Public Aid
of the licensing status of the distribution agent, the
Director shall order the payment to be made from
appropriations made for the purposes of this Act.
(d) Disbursements from this Fund shall be by warrants
drawn by the State Comptroller upon receipt of vouchers duly
executed and certified by the Department. The Department
shall prepare and certify to the State Comptroller the
disbursement of the grants to qualified distributing agents
for payment to the eligible individuals certified to the
Department by the qualified distributing agents.
The amount to be paid per calendar quarter to a qualified
distribution agent shall not exceed, for each eligible
individual, $500 multiplied by a fraction equal to the number
of days that the eligible individual's nursing home care was
not paid for, in whole or in part, by a federal, State, or
combined federal-State medical care program, divided by the
number of calendar days in the quarter. Any amount the
qualified distribution agent owes to the Department under
Section 30 shall be deducted from the amount of the payment
to the qualified distribution agent.
If the amount appropriated or available in the Fund is
insufficient to meet all or part of any quarterly payment
certification, the payment certified to each qualified
distributing agent shall be uniformly reduced by an amount
which will permit a payment to be made to each qualified
distributing agent. Within 10 days after receipt by the
State Comptroller of the disbursement certification to the
qualified distributing agents, the State Comptroller shall
cause the warrants to be drawn for the respective amounts in
accordance with the directions contained in that
certification.
(e) Notwithstanding any other provision of this Act, as
soon as is practicable after the effective date of this
amendatory Act of 1994, the Department shall order that
payments be made, subject to appropriation, to the
appropriate distribution agents for grants to persons who
were eligible individuals during the fourth quarter of fiscal
year 1993 to the extent that those individuals did not
receive a grant for that quarter or the fourth quarter of
fiscal year 1992. An eligible individual, or a person acting
on behalf of an eligible individual, must apply on or before
December 31, 1994 for a grant under this subsection (e). The
amount to be paid to each distribution agent under this
subsection shall be calculated as provided in subsection (d).
Distribution agents shall distribute the grants to eligible
individuals as required in Section 30. For the purpose of
determining grants under this subsection (e), a nursing home
that is a distribution agent under this Act shall file with
the Department, on or before September 30, 1994, a
certification disclosing the information required under
Section 15 with respect to the fourth quarter of fiscal year
1993.
(Source: P.A. 87-863; 88-676, eff. 12-14-94; revised
10-31-98.)
Section 170. The Work Opportunity and Earnfare Act is
amended by changing Section 30 as follows:
(305 ILCS 45/30) (from Ch. 23, par. 7105-30)
Sec. 30. Emergency Employment Fund. The Emergency
Employment Fund is created as a special fund in the State
Treasury. Subject to appropriation, the Department of
Commerce and Community Affairs shall use money in the Fund
solely for operating and making grants under this Act or the
Illinois Emergency Employment Development Act. The
Department of Commerce and Community Affairs may solicit
funds from the private sector or federal sources to
accomplish the objectives of this Act.
(Source: P.A. 87-893; revised 10-31-98.)
Section 171. The State Housing Act is amended by
changing Sections 7 and 25 as follows:
(310 ILCS 5/7) (from Ch. 67 1/2, par. 157)
Sec. 7. No housing corporation shall:
(1) Acquire any real property or interest therein unless
it shall first have obtained a certificate from the Illinois
Housing Development Authority that such acquisition is
necessary or convenient for the public purpose defined by
this Act.
(2) Sell, transfer, or assign any real property except
upon the written consent of the Illinois Housing Development
Authority, except as provided in Section 26, of this Act.
Except as otherwise provided in Section 26, no real property
acquired for housing purposes under this Act shall be sold,
transferred or assigned within a period of 10 ten years after
its acquisition, except to another housing corporation, a
not-for-profit corporation or a federal, State or local
governmental agency.
(3) In the case of corporations formed on a
limited-dividend basis, pay dividends upon its stock, at a
higher rate than 6% six per cent per annum.
(4) Issue its stock, securities or obligations in an
amount greater in the aggregate than the total actual final
cost, as determined by the Illinois Housing Development
Authority, of the lands and improvements acquired or
constructed by it, plus an allowance for working capital
approved by the Illinois Housing Development Authority.
(5) Mortgage any real property without first having
obtained the approval of the Illinois Housing Development
Authority.
(6) Issue any securities or evidences of indebtedness
without first having obtained the approval of the Illinois
Housing Development Authority.
(7) Use any building erected or acquired by it for any
purpose other than housing accommodation, except for stores,
offices or community facilities appurtenant and incidental to
housing accommodations, to the extent approved by the
Illinois Housing Development Authority.
(8) Charge or accept any rental for housing
accommodations in any building constructed, acquired,
operated or managed by it in excess of the rates prescribed
by the Illinois Housing Development Authority.
(9) Enter into contracts for the construction of
buildings or for the payment of salaries to officers or
employees, or for the purchase of materials, equipment or
supplies, except subject to the inspection and revision of
the Illinois Housing Development Authority, and under such
regulations as the Illinois Housing Development Authority may
from time to time prescribe.
No housing corporation or contractor employed thereby
shall deny employment to any person on account of race,
creed, color, sex or national origin.
(10) Make any guaranty without the approval of the
Illinois Housing Development Authority.
(11) Voluntarily dissolve without first having obtained
the consent of the Illinois Housing Development Authority.
(Source: P.A. 78-847; revised 10-31-98.)
(310 ILCS 5/25) (from Ch. 67 1/2, par. 175)
Sec. 25. Consolidation; 2 or more projects. The
Illinois Housing Development Authority may permit the
consolidation of 2 two or more approved projects or the
extension or of amendment of any approved project or the
consolidation of any approved project with a proposed
project. In any of these events, the consolidated project
shall be treated as an original project and an application
shall be submitted as in the case of an original project and
rents may be averaged throughout the consolidated or extended
project. The Illinois Housing Development Authority may
likewise permit any housing corporation to organize and
operate more than one project or to take over any project
heretofore approved by the Illinois Housing Development
Authority and to operate it independently of other projects
of the corporation. The Illinois Housing Development
Authority may decline to permit more than one project to be
operated by the same housing corporation.
(Source: P.A. 76-1176; revised 10-31-98.)
Section 172. The Housing Cooperation Law is amended by
changing Section 4 as follows:
(310 ILCS 15/4) (from Ch. 67 1/2, par. 31)
Sec. 4. Powers. For the purpose of aiding and
cooperating in the planning, undertaking, construction,
reconstruction, improvement, alteration, repair or operation
of housing projects located in whole or in part within the
area in which it is authorized to act, any State Public Body
may upon such terms, with or without consideration, as it may
determine:
(a) Dedicate, sell, convey or lease any of its
interest in any property or grant easements, licenses or
other rights or privileges therein to a housing authority
or the Federal Government;:
(b) Cause parks, playgrounds, recreational,
community, educational, water, sewer or drainage
facilities, or any other works which it is otherwise
empowered to undertake, to be furnished adjacent to or in
connection with housing projects;
(c) Furnish, dedicate, close, pave, install, grade,
regrade, plan or replan streets, roads, roadways, alleys,
sidewalks, or other places which it is otherwise
empowered to undertake;:
(d) Assign or loan any of its employees to a
housing authority to aid in the performance of the work
of such housing authority; and provide for a housing
authority any necessary office space, equipment or other
facilities;
(e) Make exceptions from building regulations and
ordinances; plan or replan, or zone or rezone, any part
of such State Public Body pursuant to existing laws;
(f) Enter into agreements, (which may extend over
any period, notwithstanding any provision or rule of law
to the contrary) with a housing authority or the Federal
Government respecting action to be taken by such State
Public Body pursuant to any of the powers granted by this
Act;
(g) By agreement with any housing authority
operating within its boundaries or jurisdiction, to
designate and use such housing authority as an
instrumentality to make investigations on behalf of such
State Public Body and to perform such other functions as
may be specified by such agreement; and to make
appropriations to such authority;
(h) Lend money to a housing authority from time to
time, which, when it has funds available for such
purpose, shall make reimbursements for all loans made to
it together with interest thereon;
(i) Do any and all things, necessary or convenient
to aid and cooperate in the planning, undertaking,
construction, reconstruction, improvement, alteration,
repair or operation of such housing projects;
(j) Cause services of the character which such
State Public Body is otherwise empowered to furnish to be
furnished to a housing authority;
(k) Enter into agreements with respect to the
exercise by such State Public Body of its powers relating
to the repair, elimination or closing of unsafe,
insanitary or unfit dwellings;
(l) Employ (notwithstanding the provisions of any
other law) any funds belonging to, or within the control
of, such State Public Body, including funds derived from
the sale or furnishing of property or facilities to a
housing authority, in the purchase of the bonds of a
housing authority;
(m) Cooperate with a housing authority in the
enforcement of regulations adopted by such authority in
the exercise of the jurisdiction of the authority with
respect to the maintenance in a safe and sanitary
condition of the dwellings and appurtenant areas located
within the boundaries of any such project operated by the
housing authority; and
(n) Vest any or all of the powers it may possess
relating to the repair, maintenance of standards,
elimination or closing of unsafe, insanitary or unfit
dwellings, in a housing authority (which shall exercise
such powers as an agency of such State Public Body)
located in whole or in part within the area in which such
State Public Body is authorized to act.
(Source: Laws 1938, First Sp.Sess., p. 31; revised 10-31-98.)
Section 173. The Abandoned Housing Rehabilitation Act is
amended by changing Sections 2 and 3 as follows:
(310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
Sec. 2. Definitions. As used in this Act:
(a) "Property" means any residential real estate for
which taxes are delinquent for the preceding 2 years and
which has been continuously unoccupied by persons legally in
possession for the preceding 1 year.
(b) "Nuisance" means any property which because of its
physical condition or use is a public nuisance, or any
property which constitutes a blight on the surrounding area,
or any property which is not fit for human habitation under
the applicable fire, building and housing codes. "Nuisance"
also means any property on which any illegal activity
involving controlled substances (as defined in the Illinois
Controlled Substances Act) or cannabis (as defined in the
Cannabis Control Act) takes place or any property on which
any streetgang-related activity (as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act) takes place.
(c) "Organization" means any Illinois corporation,
agency, partnership, association, firm or other entity
consisting of 2 or more persons organized and conducted on a
not-for-profit basis with no personal profit inuring to
anyone as a result of its operation which has among its
purposes the improvement of housing.
(d) "Parties in interest" means any owner or owners of
record, judgment creditor, tax purchaser or other party
having any legal or equitable title or interest in the
property.
(e) "Last known address" includes the address where the
property is located, or the address as listed in the tax
records or as listed pursuant to any owner's registration
ordinance duly adopted by a home rule unit of government.
(f) "Low or moderate income housing" means housing for
persons and families with low or moderate incomes, provided
that the income limits for such persons and families shall be
the same as those established by rule by the Illinois Housing
Development Authority in accordance with subsection (g) of
Section 2 of the Illinois Housing Development Act, as
amended.
(g) "Rehabilitation" means the process of improving the
property, including but not limited to bringing property into
compliance with applicable fire, housing and building codes.
(Source: P.A. 89-553, eff. 1-1-97; revised 10-31-98.)
(310 ILCS 50/3) (from Ch. 67 1/2, par. 853)
Sec. 3. Petition for temporary possession. An
organization may petition for temporary possession of
property if:
(a) the property has been tax delinquent for the
preceding proceeding 2 years and has been continuously
unoccupied by persons legally in possession for the
preceding year;
(b) the property is a nuisance;
(c) the organization intends to rehabilitate the
property and use the property as housing for low and
moderate income persons and families; and
(d) the organization has sent notice to the parties
in interest of the property, by certified or registered
mail, mailed to their last known address and posted on
the property at least 30 days but not more than 60 days
before the date the petition is filed, of the
organization's intent to file a petition for possession
under this Act.
(Source: P.A. 85-862; revised 1-21-99.)
Section 174. The Illinois Affordable Housing Act is
amended by changing Sections 3, 5, and 7 as follows:
(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
Sec. 3. Definitions. As used in this Act:
(a) "Program" means the Illinois Affordable Housing
Program.
(b) "Trust Fund" means the Illinois Affordable Housing
Trust Fund.
(c) "Low-income household" means a single person, family
or unrelated persons living together whose adjusted income is
more than 50%, but less than 80%, of the median income of the
area of residence, adjusted for family size, as such adjusted
income and median income for the area are determined from
time to time by the United States Department of Housing and
Urban Development for purposes of Section 8 of the United
States Housing Act of 1937.
(d) "Very low-income household" means a single person,
family or unrelated persons living together whose adjusted
income is not more than 50% of the median income of the area
of residence, adjusted for family size, as such adjusted
income and median income for the area are determined from
time to time by the United States Department of Housing and
Urban Development for purposes of Section 8 of the United
States Housing Act of 1937.
(e) "Affordable housing" means residential housing that,
so long as the same is occupied by low-income households or
very low-income households, requires payment of monthly
housing costs, including utilities other than telephone, of
no more than 30% of the maximum allowable income as stated
for such households as defined in this Section.
(f) "Multi-family housing" means a building or buildings
providing housing to 5 or more households.
(g) "Single-family housing" means a building containing
one to 4 dwelling units, including a mobile home as defined
in subsection (b) of Section 3 203 of the Mobile Home
Landlord and Tenant Rights Act, as amended.
(h) "Community-based organization" means a
not-for-profit entity whose governing body includes a
majority of members who reside in the community served by the
organization.
(i) "Advocacy organization" means a not-for-profit
organization which conducts, in part or in whole, activities
to influence public policy on behalf of low-income or very
low-income households.
(j) "Program Administrator" means the Illinois Housing
Development Authority.
(k) "Funding Agent" means the Illinois Department of
Revenue.
(l) "Commission" means the Affordable Housing Advisory
Commission.
(m) "Congregate housing" means a building or structure
in which 2 or more households, inclusive, share common living
areas and may share child care, cleaning, cooking and other
household responsibilities.
(n) "Eligible applicant" means a proprietorship,
partnership, for-profit corporation, not-for-profit
corporation or unit of local government which seeks to use
fund assets as provided in this Article.
(o) "Moderate income household" means a single person,
family or unrelated persons living together whose adjusted
income is more than 80% but less than 120% of the median
income of the area of residence, adjusted for family size, as
such adjusted income and median income for the area are
determined from time to time by the United States Department
of Housing and Urban Development for purposes of Section 8 of
the United States Housing Act of 1937.
(p) "Affordable Housing Program Trust Fund Bonds or
Notes" means the bonds or notes issued by the Program
Administrator under the Illinois Housing Development Act to
further the purposes of this Act.
(q) "Trust Fund Moneys" means all moneys, deposits,
revenues, income, interest, dividends, receipts, taxes,
proceeds and other amounts or funds deposited or to be
deposited in the Trust Fund pursuant to Section 5(b) of this
Act and any proceeds, investments or increase thereof.
(r) "Program Escrow" means accounts, except those
accounts relating to any Affordable Housing Program Trust
Fund Bonds or Notes, designated by the Program Administrator,
into which Trust Fund Moneys are deposited.
(Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)
(310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
Sec. 5. Illinois Affordable Housing Trust Fund.
(a) There is hereby created the Illinois Affordable
Housing Trust Fund, hereafter referred to in this Act as the
"Trust Fund" to be held as a separate fund within the State
Treasury and to be administered by the Program Administrator.
The purpose of the Trust Fund is to finance projects of the
Illinois Affordable Housing Program as authorized and
approved by the Program Administrator. The Funding Agent
shall establish, within the Trust Fund, a General Account, a
Bond Account, a Commitment Account and a Development Credits
Account. The Funding Agent shall authorize distribution of
Trust Fund moneys to the Program Administrator or a payee
designated by the Program Administrator for purposes
authorized by this Act. After receipt of the Trust Fund
moneys by the Program Administrator or designated payee, the
Program Administrator shall ensure that all those moneys are
expended for a public purpose and only as authorized by this
Act.
(b) Except as otherwise provided in Section 8(c) of this
Act, there shall be deposited in the Trust Fund such amounts
as may become available under the provisions of this Act,
including, but not limited to:
(1) all receipts, including dividends, principal
and interest repayments attributable to any loans or
agreements funded from the Trust Fund;
(2) all proceeds of assets of whatever nature
received by the Program Administrator, and attributable
to default with respect to loans or agreements funded
from the Trust Fund;
(3) any appropriations, grants or gifts of funds or
property, or financial or other aid from any federal or
State agency or body, local government or any other
public organization or private individual made to the
Trust Fund;
(4) any income received as a result of the
investment of moneys in the Trust Fund;
(5) all fees or charges collected by the Program
Administrator or Funding Agent pursuant to this Act;
(6) an amount equal to one half of all proceeds
collected by the Funding Agent pursuant to Section 3 of
the Real Estate Transfer Tax Act, as amended; and
(7) other funds as appropriated by the General
Assembly; and
(8) any income, less costs and fees associated with
the Program Escrow, received by the Program Administrator
that is derived from Trust Fund Moneys held in the
Program Escrow prior to expenditure of such Trust Fund
Moneys.
(Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)
(310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
Sec. 7. Powers of the Program Administrator. The
Program Administrator, in addition to the powers set forth in
the Illinois Housing Development Act and the powers
identified in Sections 8 and 9 of this Act, has the power to:
(a) identify, select and make financing available
to eligible applicants from monies in the Trust Fund or
from monies secured by the Trust Fund for affordable
housing for low and very low-income families;.
(b) purchase first and second mortgages, to make
secured, unsecured or deferred repayment loans, to make
no interest or low interest loans or to issue grants,
payments or subsidies for the predevelopment expenses,
acquisition, construction, rehabilitation development,
operation, insurance, or retention of projects in support
of affordable single family and multi-family housing for
low and very low-income households;
(c) expend monies for mortgage participation
certificates representing an undivided interest in
specified, first-lien conventional residential Illinois
mortgages which are underwritten, insured, guaranteed or
purchased by the Federal Home Loan Mortgage Corporation;
(d) fix, determine, charge and collect any fees,
costs and expenses, including without limitation, any
application fees, commitment or servicing fees, program
fees, financing charges, or publication fees in
connection with activities under this Act;
(e) establish applications, notification
procedures, and other forms, and to prepare and issue
rules deemed necessary and appropriate to implement this
Act with consultation from the Commission; and to issue
emergency rules, as necessary, for program implementation
needed prior to publication of the first annual plan
required by Section 12 of this Act;
(f) make and enter into and enforce all loans, loan
commitments, contracts and agreements necessary,
convenient or desirable to the performance of its duties
and the execution of its powers under this Act;
(g) consent, subject to the provisions of any
contract or agreement with another person, whenever it
deems it is necessary or desirable in the fulfillment of
the purposes of this Act, to the modification or
restructuring of any loan commitment, loan, contract or
agreement to which the Program Administrator is a party;
(h) acquire by purchase, gift, or foreclosure, but
not by condemnation, any real or personal property, or
any interest therein, to procure insurance against loss,
to enter into any lease of property and to hold, sell,
assign, lease, mortgage or otherwise dispose of any real
or personal property, or any interest therein, or
relinquish any right, title, claim, lien, interest,
easement or demand however acquired, and to do any of the
foregoing by public or private sale;
(i) subject to the provisions of any contract or
agreement with another party to collect, enforce the
collection of, and foreclose on any property or
collateral securing its loan or loans, mortgage or
mortgages, and acquire or take possession of such
property or collateral and release or relinquish any
right, title, claim, lien, interest, easement, or demand
in property foreclosed by it or to sell the same at
public or private sale, with or without bidding, and
otherwise deal with such collateral as may be necessary
to protect the interest of the Program Administrator;
(j) sell any eligible loan made by the Program
Administrator or mortgage interest owned by it, at public
or private sale, with or without bidding, either singly
or in groups, or in shares of loans or shares of groups
of loans, and to deposit and invest the funds derived
from such sales in any manner authorized by this Act;
(k) provide, contract or arrange, or participate
with or enter into agreements with any department, agency
or authority of the United States or of this State, or
any local unit of government, or any banking institution,
insurance company, trust or fiduciary or any foundation
or not-for-profit agency for the review, application,
servicing, processing or administration of any proposed
loan, grant, application, servicing, processing or
administration of any proposed loan, grant, agreement, or
contract of the Department when such arrangement is in
furtherance of this Act;
(l) receive and accept any gifts, grants, donations
or contributions from any source, of money, property,
labor or other things of value, to be held, used and
applied to carry out the purposes of this Act subject to
including, but not limited to, gifts or grants from any
Department or agency of the United States or the State or
from any local unit of government, not-for-profit
organization or private firm or individual for any
purpose consistent with this Act; and
(m) exercise such other powers as are necessary or
incidental to the administration of this Act or
performance of duties under this Act.
(Source: P.A. 88-93; revised 10-31-98.)
Section 175. The Blighted Areas Redevelopment Act of
1947 is amended by changing Section 3 as follows:
(315 ILCS 5/3) (from Ch. 67 1/2, par. 65)
Sec. 3. Definitions. The following terms, wherever used
or referred to in this Act shall have the following
respective meanings, unless in any case a different meaning
clearly appears from the context:
(a) "Commission" means a Land Clearance Commission
created pursuant to this Act or heretofore created pursuant
to "An Act to promote the improvement of housing," approved
July 26, 1945.
(b) "Commissioner" or "Commissioners" shall mean a
Commissioner or Commissioners of a Land Clearance Commission.
(c) "Department" means the Department of Commerce and
Community Affairs".
(d) "Authority" or "housing authority" shall mean a
housing authority organized in accordance with the provisions
of the Housing Authorities Act "An Act in relation to housing
authorities", approved March 19, 1934, as amended.
(e) "Municipality" shall mean a city, village or
incorporated town.
(f) "Presiding officer" shall mean the presiding officer
of the board of a county, or the mayor or president of a
city, village or incorporated town, as the case may be, for
which a Land Clearance Commission is created.
(g) The term "governing body" shall mean the council or
the president and board of trustees of any city, village or
incorporated town, as the case may be, and the county board
of any county.
(h) "Area of operation" shall mean (1) in the case of a
Land Clearance Commission created for a municipality, the
area within the territorial boundaries of said municipality;
and (2) in the case of a county shall include the areas
within the territorial boundaries of all municipalities
within such county, except the area of any municipality
located therein in which there has been created a Land
Clearance Commission or a Department of Urban Renewal
pursuant to the provisions of the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy-Second
General Assembly. When a Land Clearance Commission or such a
Department of Urban Renewal is created for a municipality
subsequent to the creation of a County land clearance
commission whose area of operation of the County land
clearance commission shall not thereafter include the
territory of such municipality, but the County land clearance
commission may continue any redevelopment project previously
commenced in such municipality.
(i) "Real property" shall include lands, lands under
water, structures, and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and
equitable, including terms for years and liens by way of
judgment, mortgage or otherwise.
(j) "Slum and Blighted Area" means any area of not less
in the aggregate than 2 two (2) acres located within the
territorial limits of a municipality where buildings or
improvements, by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement or design, lack of
ventilation, light and sanitary facilities, excessive land
coverage, deleterious land use or layout or any combination
of these factors, are detrimental to the public safety,
health, morals or welfare.
(k) "Slum and Blighted Area Redevelopment Project" means
a project involving a slum and blighted area as defined in
subsection (j) of this Section including undertakings and
activities of the Commission in a Slum and Blighted Area
Redevelopment Project for the elimination and for the
prevention of the development or spread of slums and blight
and may involve slum clearance and redevelopment in a Slum
and Blighted Area Redevelopment Project, or any combination
or part thereof in accordance with an Urban Renewal Program.
Such undertakings and activities may include:
1. acquisition of a slum area or a blighted area or
portion thereof;
2. demolition and removal of buildings and
improvements;
3. installation, construction or reconstruction of
streets, utilities, parks, playgrounds, and other
improvements necessary for the carrying out in the Slum
and Blighted Area Redevelopment Project the objectives of
this Act;
4. disposition of any property acquired in the Slum
and Blighted Area Redevelopment Project;
5. carrying out plans for a program of voluntary
repair and rehabilitation of buildings or other
improvements in accordance with a redevelopment plan.
(l) "Blighted Vacant Area Redevelopment Project" means a
project involving (1) predominantly open platted urban or
suburban land which because of obsolete platting, diversity
of ownership, deterioration of structures or of site
improvements, or taxes or special assessment delinquencies
exceeding the fair value of the land, substantially impairs
or arrests the sound growth of the community and which is to
be developed for residential or other use, provided that such
a project shall not be developed for other than residential
use unless the area, at the time the Commission adopts the
resolution approving the plan for the development of the
area, is zoned for other than residential use and unless the
Commission determines that residential development thereof is
not feasible, and such determination is approved by the
presiding officer and the governing body of the municipality
in which the area is situated and by the Department, or (2)
open unplatted urban or suburban land to be developed for
predominantly residential uses, or (3) a combination of
projects defined in (1) and (2) of this subsection (l).
(m) "Redevelopment Project" means a "Slum and Blighted
Area Redevelopment Project" or a "Blighted Vacant Area
Redevelopment Project", as the case may be, as designated in
the determination of the Commission pursuant to Section 13 of
this Act, and may include such additional area of not more in
the aggregate than 160 acres (exclusive of the site of any
abutting Slum and Blighted Area Redevelopment Project or
Blighted Vacant Area Redevelopment Project) located within
the territorial limits of the municipality, abutting and
adjoining in whole or in part a Slum and Blighted Area
Redevelopment Project or Blighted Vacant Area Redevelopment
Project, which the land clearance commission deems necessary
for the protection and completion of such redevelopment
project or projects and of the site improvements to be made
therein and which has been approved by the Department and the
governing body of the municipality in which the area is
situated, but the land clearance commission as to such
additional area shall have power only to make studies,
surveys and plans concerning services to be performed by the
municipality or others, including the extension of project
streets and utilities, the provision of parks, playgrounds or
schools, and the zoning of such peripheral areas.
(n) "Match" and any other form of said word when used
with reference to the matching of moneys means match on a
dollar for dollar basis.
(Source: P.A. 81-1509; revised 10-31-98.)
Section 176. The Blighted Vacant Areas Development Act
of 1949 is amended by changing Section 6 as follows:
(315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
Sec. 6. Sale of land.) After title to the site is
vested in the State of Illinois, the State of Illinois,
acting through the Governor and the Secretary of State, shall
sign, seal, and deliver a deed conveying the site to the
developer or his heirs, legatees, successors or assigns, in
consideration of the offer of the developer, provided that:
(a) The plans of development have been approved by the
corporate authorities of the municipality in which the site
is located, or by the corporate authorities of the county
where the site is located in an unincorporated area.
(b) The developer has satisfied the Department that the
completion of development will be accomplished within a
reasonable time after title to the site has been acquired
from the State of Illinois by depositing bond with surety to
be approved by the Department, or making a cash deposit, in
either case in such amount as shall be deemed adequate by the
Department. Such bonds shall designate the People of the
State of Illinois as obligee thereunder and the developer as
obligor thereon, and shall be conditioned upon completion of
development by the developer in accordance with the plans of
development, or such revisions therein as may be approved by
the Department, within a period to be specified by the
Department or any subsequent extension of this period by the
Department.
Such bond shall be in substantially the following form:
"We, A.B., C.D., and E.F., of the County of .... and State
of Illinois, as principals, and .... as surety, are
obligated to the People of the State of Illinois in the penal
sum of $...., lawful money of the United States, for the
payment of which we and each of us obligate ourselves and our
heirs, executors, administrators and assigns jointly.
The condition of this bond is such that if the above
stated A.B., C.D., and E.F., shall complete development of a
site located at .... in accordance with plans of development
submitted to the Department on (insert date), ...., 19.., or
in accordance with such revisions of such plans of
development as may hereafter be approved by the Department,
such completion of development to be within a period of ....
years, or any subsequent extension of this period by the
Department, then this obligation is void; otherwise it
remains in full force and effect.
Dated (insert date). ............... 19
Signature of A.B. ___________
Signature of C.D. ___________
Signature of E.F. ___________"
The bond shall be signed by the principals and sureties
and after approval by the Department shall be filed and
recorded by the Department.
(Source: P.A. 84-1308; revised 10-20-98.)
Section 177. The Neighborhood Redevelopment Corporation
Law is amended by changing Section 37 as follows:
(315 ILCS 20/37) (from Ch. 67 1/2, par. 287)
Sec. 37. Determination of development cost.
(1) The Redevelopment Commission shall upon the issuance
of a certificate of convenience and necessity pursuant to
Section 18 of this Act (unless the order by virtue of which
the certificate was issued has been suspended pursuant to
subsection paragraph (2) of Section 33 of this Act) proceed
to a prospective determination of the Development Cost of the
Development. In connection with such determination the
Redevelopment Commission shall hold a hearing and may make
such inquiry or investigation, and examine such witnesses,
books, papers, accounts, documents and contracts and require
the filing of such data, as it may deem of assistance. The
Redevelopment Commission shall require the Neighborhood
Redevelopment Corporation to disclose every interest of its
directors in any transaction under investigation. The
Redevelopment Commission shall have power to investigate all
such transactions and inquire into the good faith thereof, to
examine books, papers, accounts, documents and contracts of
Neighborhood Redevelopment Corporations, construction
companies or other companies or of firms and individuals with
whom the Neighborhood Redevelopment Corporation shall have or
shall have had financial transactions, for the purpose of
enabling it to verify any statements furnished, and to
examine into the cost of Real Property acquired or proposed
to be acquired by such Neighborhood Redevelopment
Corporation. Upon the conclusion of the hearing, the
Redevelopment Commission shall determine of its own judgment
the prospective Development Cost and shall issue to the
Neighborhood Redevelopment Corporation a certificate stating
the amount thereof as so determined. The amount as so
determined shall thereafter be conclusive upon the
Redevelopment Commission.
(2) A Neighborhood Redevelopment Corporation may, at any
time, whether prior or subsequent to the completion of its
Development, whenever it appears that the actual Development
Cost will be greater in amount than the prospective
determination thereof made pursuant to subsection paragraph
(1) of this Section, apply to the Redevelopment Commission
for a determination of additional Development Cost. The
Redevelopment Commission shall, upon such application,
proceed to the determination thereof, in the same manner and
with the same authority as provided by subsection paragraph
(1) of this Section. Upon the conclusion of its hearing and
the determination of the application, the Redevelopment
Commission shall issue to the Neighborhood Redevelopment
Corporation a certificate stating the amount of the
additional Development Cost, if any. The additional amount as
so determined shall thereafter be conclusive upon the
Redevelopment Commission.
(Source: Laws 1941, vol. 1, p. 431; revised 10-31-98.)
Section 178. The Urban Community Conservation Act is
amended by changing Section 8 as follows:
(315 ILCS 25/8) (from Ch. 67 1/2, par. 91.15)
Sec. 8. Inconsistent provisions. Insofar as the
provisions of this Act article are inconsistent with the
provisions of any other law, the provisions of this Act
article shall be controlling.
(Source: Laws 1953, p. 1240; revised 10-31-98.)
Section 179. The Respite Program Act is amended by
changing Section 2 as follows:
(320 ILCS 10/2) (from Ch. 23, par. 6202)
Sec. 2. Definitions. As used in this Act:
(1) "Respite care" means the provision of intermittent
and temporary substitute care or supervision of frail or
abused or functionally disabled or cognitively impaired older
adults on behalf of and in the absence of the primary
care-giver, for the purpose of providing relief from the
stress or responsibilities concomitant with providing
constant care, so as to enable the care-giver to continue the
provision of care in the home. Respite care should be
available to sustain the primary care-giver throughout the
period of care-giving, which can vary from several months to
a number of years. Respite care can be provided in the home,
in a community based day care setting during the day,
overnight, or for more extended periods of time on a
temporary basis.
(2) "Care-giver" shall mean the family member or other
natural person who normally provides the daily care or
supervision of a frail, abused or disabled elderly adult.
Such care-giver may, but need not, reside in the same
household as the frail or disabled adult.
(3) "Provider" shall mean any entity enumerated in
paragraph (1) of this Section which is the supplier of
services providing respite.
(4) "Sponsor" shall mean the provider, public agency or
community group approved by the Director which establishes a
contractual relationship with the Department for the purposes
of providing services to persons under this Act, and which is
responsible for the recruitment of providers, the
coordination and arrangement of provider services in a manner
which meets client needs, the general supervision of the
local program, and the submission of such information or
reports as may be required by the Director.
(5) "Director" shall mean the Director on Aging.
(6) "Department" shall mean the Department on Aging.
(7) "Abused" shall have the same meaning ascribed to it
in Section 103 of the Illinois Domestic Violence Act of
1986,.
(8) "Frail or Disabled Adult" shall mean any person
suffering from Alzheimer's disease and who is 55 years of age
or older or any adult 60 years of age or older, who is unable
to attend to his or her daily needs without the assistance or
regular supervision of a care-giver due to mental or physical
impairment and who is otherwise eligible for services on the
basis of his level of impairment.
(9) "Emergency respite care" means the immediate
placement of a trained, in-home respite care worker in the
home during an emergency or unplanned event to substitute for
the primary care-giver. Emergency respite care may be
provided in the home on one or more occasions unless an
extension is deemed necessary by the case coordination unit.
When there is an urgent need for emergency respite care,
procedures to accommodate this need must be determined. An
emergency is:
(a) An unplanned event that results in the
immediate and unavoidable absence of the primary
care-giver from the home in an excess of 4 hours at a
time when no other qualified care-giver is available.
(b) An unplanned situation that prevents the
primary care-giver from providing the care required by a
frail or abused or functionally disabled or cognitively
impaired adult living at home.
(c) An unplanned event that threatens the health
and safety of the disabled adult.
(d) An unplanned event that threatens the health
and safety of the primary care-giver thereby placing the
frail or abused or functionally disabled or cognitively
impaired older adult in danger.
(10) "Primary care-giver" means the spouse, relative, or
friend, 18 years of age or older, who provides the daily
in-home care and supervision of a frail or abused or
functionally disabled or cognitively impaired older adult. A
primary care-giver may, but does not need to, reside in the
same household as the frail or abused or functionally
disabled or cognitively impaired adult. A primary care-giver
requires intermittent relief from their caregiving duties to
continue to function as the primary care-giver.
(Source: P.A. 86-820; 87-974; revised 10-31-98.)
Section 180. The Elder Abuse and Neglect Act is amended
by changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for the sole
reason that he or she is being furnished with or relies upon
treatment by spiritual means through prayer alone, in
accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result
of a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113
of the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life
Care Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as
defined in the Community Residential Alternatives
Licensing Act; and
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required
to be licensed under 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 Illinois Nursing and
Advanced Practice Nursing Act of 1987, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy 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, the
Illinois Speech-Language Pathology and Audiology Practice
Act, the Veterinary Medicine and Surgery Practice Act of
1994, and the Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public
Aid, Department of Public Health, and Department of Human
Services, and any county or municipal health department;
(6) personnel of the Department of Human Services,
the Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all
other persons having direct contact with eligible adults;
or
(9) a person who performs the duties of a coroner
or medical examiner.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or medical care. This
subsection does not create any new affirmative duty to
provide support to eligible adults. Nothing in this Act
shall be construed to mean that an eligible adult is a victim
of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit
agency in a planning and service area appointed by the
regional administrative agency with prior approval by the
Department on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency
on Aging shall be designated the regional administrative
agency if it so requests. The Department shall assume the
functions of the regional administrative agency for any
planning and service area where another agency is not so
designated.
(j) "Substantiated case" means a reported case of
alleged or suspected abuse, neglect, or financial
exploitation in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)
Section 181. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 3.09, 4, and 6 as follows:
(320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
Sec. 3.09. "Property taxes accrued" means the ad valorem
property taxes extended against a residence, but does not
include special assessments, interest or charges for service.
In the case of real estate improved with a multidwelling or
multipurpose building, "property taxes accrued" extended
against a residence within such a building is an amount equal
to the same percentage of the total property taxes extended
against that real estate as improved as the value of the
residence is to the total value of the building. If the
multidwelling building is owned and operated as a
cooperative, the value of an individual residence is the
value of the interest in the cooperative held by the owner of
record of the legal or equitable interest, other than a
leasehold interest, in the cooperative which confers the
right to occupy that residence. In determining the amount of
grant under Section 4 for 1976 and thereafter, the applicable
"property taxes accrued", as determined under this Section,
are those payable or paid in the last preceding taxable year.
In addition, if the residence is a mobile home as defined
in and subject to the tax imposed by the Mobile Home Local
Services Tax Act "An Act to provide for a privilege tax on
mobile homes", approved August 28, 1973, "property taxes
accrued" includes the amount of privilege tax paid during the
calendar year for which benefits are claimed under that Act
on that mobile home.
(Source: P.A. 79-1049; revised 10-31-98.)
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and
any disabled person whose annual household income is less
than $14,000 for grant years before the 1998 grant year and
less than $16,000 for the 1998 grant year and thereafter and
whose household is liable for payment of property taxes
accrued or has paid rent constituting property taxes accrued
and is domiciled in this State at the time he files his claim
is entitled to claim a grant under this Act. With respect to
claims filed by individuals who will become 65 years old
during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the
claimant would otherwise be entitled as provided in this
Section, multiplied by the number of months in which the
claimant was 65 in the calendar year in which the claim is
filed.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount
of grant which a claimant is entitled to claim is the amount
by which the property taxes accrued which were paid or
payable during the last preceding tax year or rent
constituting property taxes accrued upon the claimant's
residence for the last preceding taxable year exceeds 3 1/2%
of the claimant's household income for that year but in no
event is the grant to exceed (i) $700 less 4.5% of household
income for that year for those with a household income of
$14,000 or less or (ii) $70 if household income for that year
is more than $14,000 but less than $16,000.
(c) Public aid recipients. If household income in one
or more months during a year includes cash assistance in
excess of $55 per month from the Department of Public Aid or
the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human
Services Act) which was determined under regulations of that
Department on a measure of need that included an allowance
for actual rent or property taxes paid by the recipient of
that assistance, the amount of grant to which that household
is entitled, except as otherwise provided in subsection (a),
shall be the product of (1) the maximum amount computed as
specified in subsection (b) of this Section and (2) the ratio
of the number of months in which household income did not
include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant
to which the household is entitled shall be the maximum
amount computed as specified in subsection (b) of this
Section. For purposes of this paragraph (c), "cash
assistance" does not include any amount received under the
federal Supplemental Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his household, the amount of property taxes accrued used in
computing the amount of grant to which he is entitled shall
be the same percentage of property taxes accrued as is the
percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he may claim
only one residence for any part of a month. In the case of
property taxes accrued, he shall pro rate 1/12 of the total
property taxes accrued on his residence to each month that he
owned and occupied that residence; and, in the case of rent
constituting property taxes accrued, shall pro rate each
month's rent payments to the residence actually occupied
during that month.
(f) There is hereby established a program of
pharmaceutical assistance to the aged and disabled which
shall be administered by the Department in accordance with
this Act, to consist of payments to authorized pharmacies, on
behalf of beneficiaries of the program, for the reasonable
costs of covered prescription drugs. Each beneficiary who
pays $40 for an identification card shall pay the first $15
of prescription costs each month. Each beneficiary who pays
$80 for an identification card shall pay the first $25 of
prescription costs each month. In addition, after a
beneficiary receives $800 in benefits during a State fiscal
year, that beneficiary shall also be charged 20% of the cost
of each prescription for which payments are made by the
program during the remainder of the fiscal year. To become a
beneficiary under this program a person must be: (1) (i) 65
years or older, or (ii) the surviving spouse of such a
claimant, who at the time of death received or was entitled
to receive benefits pursuant to this subsection, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive benefits pursuant to this subsection, or
(iii) disabled, and (2) is domiciled in this State at the
time he files his or her claim, and (3) has a maximum
household income of less than $14,000 for grant years before
the 1998 grant year and less than $16,000 for the 1998 grant
year and thereafter. In addition, each eligible person must
(1) obtain an identification card from the Department, (2) at
the time the card is obtained, sign a statement assigning to
the State of Illinois benefits which may be otherwise claimed
under any private insurance plans, (3) present the
identification card to the dispensing pharmacist.
Any person otherwise eligible for pharmaceutical
assistance under this Act whose covered drugs are covered by
any public program for assistance in purchasing any covered
prescription drugs shall be ineligible for assistance under
this Act to the extent such costs are covered by such other
plan.
The fee to be charged by the Department for the
identification card shall be equal to $40 for persons below
the official poverty line as defined by the United States
Department of Health and Human Services and $80 for all other
persons.
In the event that 2 or more persons are eligible for any
benefit under this Act, and are members of the same
household, (1) each such person shall be entitled to
participate in the pharmaceutical assistance program,
provided that he or she meets all other requirements imposed
by this subsection and (2) each participating household
member contributes the fee required for that person by the
preceding paragraph for the purpose of obtaining an
identification card. Persons eligible for any benefit under
this Act due to become 65 in calendar year 1984 or any
subsequent calendar year in which a claim is filed are
excluded from the benefit prescribed in this subsection (f)
(g) for the calendar year in which they become 65.
(Source: P.A. 89-507, eff. 7-1-97; 90-650, eff. 7-27-98;
revised 11-18-98.)
(320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
Sec. 6. Administration.
(a) In general. Upon receipt of a timely filed claim,
the Department shall determine whether the claimant is a
person entitled to a grant under this Act and the amount of
grant to which he is entitled under this Act. The Department
may require the claimant to furnish reasonable proof of the
statements of domicile, household income, rent paid, property
taxes accrued and other matters on which entitlement is
based, and may withhold payment of a grant until such
additional proof is furnished.
(b) Rental determination. If the Department finds that
the gross rent used in the computation by a claimant of rent
constituting property taxes accrued exceeds the fair rental
value for the right to occupy that residence, the Department
may determine the fair rental value for that residence and
recompute rent constituting property taxes accrued
accordingly.
(c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that
the claimant has acquired title to his residence or has paid
rent for his residence primarily for the purpose of receiving
a grant under this Act.
(d) Pharmaceutical Assistance. The Department shall
allow all pharmacies licensed under the Pharmacy Practice Act
to participate as authorized pharmacies unless they have been
removed from that status for cause pursuant to the terms of
this Section. The Director of the Department may enter into
a written contract with any State agency, instrumentality or
political subdivision, or a fiscal intermediary for the
purpose of making payments to authorized pharmacies for
covered prescription drugs and coordinating the program of
pharmaceutical assistance established by this Act with other
programs that provide payment for covered prescription drugs.
Such agreement shall establish procedures for properly
contracting for pharmacy services, validating reimbursement
claims, validating compliance of dispensing pharmacists with
the contracts for participation required under this Section,
validating the reasonable costs of covered prescription
drugs, and otherwise providing for the effective
administration of this Act.
The Department shall promulgate rules and regulations to
implement and administer the program of pharmaceutical
assistance required by this Act, which shall include the
following:
(1) Execution of contracts with pharmacies to
dispense covered prescription drugs. Such contracts shall
stipulate terms and conditions for authorized pharmacies
participation and the rights of the State to terminate
such participation for breach of such contract or for
violation of this Act or related rules and regulations of
the Department;
(2) Establishment of maximum limits on the size of
prescriptions, new or refilled, which shall be in amounts
sufficient for 34 days, except as otherwise specified by
rule for medical or utilization control reasons;
(3) Establishment of liens upon any and all causes
of action which accrue to a beneficiary as a result of
injuries for which covered prescription drugs are
directly or indirectly required and for which the
Director made payment or became liable for under this
Act;
(4) Charge or collection of payments from third
parties or private plans of assistance, or from other
programs of public assistance for any claim that is
properly chargeable under the assignment of benefits
executed by beneficiaries as a requirement of eligibility
for the pharmaceutical assistance identification card
under this Act;
(5) Inspection of appropriate records and audit of
participating authorized pharmacies to ensure contract
compliance, and to determine any fraudulent transactions
or practices under this Act;
(6) Annual determination of the reasonable costs of
covered prescription drugs for which payments are made
under this Act, as provided in Section 3.16;
(7) Payment to pharmacies under this Act in
accordance with the State Prompt Payment Act "An Act to
require prompt payments by the State of Illinois for
goods and services", approved December 19, 1975.
The Department shall annually report to the Governor and
the General Assembly by March 1st of each year on the
administration of pharmaceutical assistance under this Act.
By the effective date of this Act the Department shall
determine the reasonable costs of covered prescription drugs
in accordance with Section 3.16 3-16 of this Act.
(Source: P.A. 85-797; revised 10-31-98.)
Section 182. The Senior Citizens Real Estate Tax
Deferral Act is amended by changing Section 3 as follows:
(320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
Sec. 3. A taxpayer may, on or before March 1 of each
year, apply to the county collector of the county where his
qualifying property is located, or to the official designated
by a unit of local government to collect special assessments
on the qualifying property, as the case may be, for a
deferral of all or a part of real estate taxes payable during
that year for the preceding year in the case of real estate
taxes other than special assessments, or for a deferral of
any installments payable during that year in the case of
special assessments, on all or part of his qualifying
property. The application shall be on a form prescribed by
the Department and furnished by the collector, (a) showing
that (a) the applicant will be 65 years of age or older by
June 1 of the year for which a tax deferral is claimed, (b)
describing the property and verifying that the property is
qualifying property as defined in Section 2, (c) certifying
that the taxpayer has owned and occupied as his residence
such property or other qualifying property in the State for
at least the last 3 years except for any periods during which
the taxpayer may have temporarily resided in a nursing or
sheltered care home, and (d) specifying whether the deferral
is for all or a part of the taxes, and, if for a part, the
amount of deferral applied for. As to qualifying property not
having a separate assessed valuation, the taxpayer shall also
file with the county collector a written appraisal of the
property prepared by a qualified real estate appraiser
together with a certificate signed by the appraiser stating
that he has personally examined the property and setting
forth the value of the land and the value of the buildings
thereon occupied by the taxpayer as his residence.
The collector shall grant the tax deferral provided such
deferral does not exceed funds available in the Senior
Citizens Real Estate Deferred Tax Revolving Fund and provided
that the owner or owners of such real property have entered
into a tax deferral and recovery agreement with the collector
on behalf of the county or other unit of local government,
which agreement expressly states:
(1) That the total amount of taxes deferred under this
Act, plus interest, for the year for which a tax deferral is
claimed as well as for those previous years for which taxes
are not delinquent and for which such deferral has been
claimed may not exceed 80% of the taxpayer's equity interest
in the property for which taxes are to be deferred and that,
if the total deferred taxes plus interest equals 80% of the
taxpayer's equity interest in the property, the taxpayer
shall thereafter pay the annual interest due on such deferred
taxes plus interest so that total deferred taxes plus
interest will not exceed such 80% of the taxpayer's equity
interest in the property.;
(2) That any real estate taxes deferred under this Act
and any interest accrued thereon at the rate of 6% per year
are a lien on the real estate and improvements thereon until
paid. No sale or transfer of such real property may be
legally closed and recorded until the taxes which would
otherwise have been due on the property, plus accrued
interest, have been paid unless the collector certifies in
writing that an arrangement for prompt payment of the amount
due has been made with his office. The same shall apply if
the property is to be made the subject of a contract of sale.
(3) That upon the death of the taxpayer claiming the
deferral the heirs-at-law, assignees or legatees shall have
first priority to the real property upon which taxes have
been deferred by paying in full the total taxes which would
otherwise have been due, plus interest. However, if such
heir-at-law, assignee, or legatee is a surviving spouse, the
tax deferred status of the property shall be continued during
the life of that surviving spouse if the spouse is 55 years
of age or older within 6 months of the date of death of the
taxpayer and enters into a tax deferral and recovery
agreement before the time when deferred taxes become due
under this Section. Any additional taxes deferred, plus
interest, on the real property under a tax deferral and
recovery agreement signed by a surviving spouse shall be
added to the taxes and interest which would otherwise have
been due, and the payment of which has been postponed during
the life of such surviving spouse, in determining the 80%
equity requirement provided by this Section.
(4) That if the taxes due, plus interest, are not paid
by the heir-at-law, assignee or legatee or if payment is not
postponed during the life of a surviving spouse, the deferred
taxes and interest shall be recovered from the estate of the
taxpayer within one year of the date of his death. In
addition, deferred real estate taxes and any interest accrued
thereon are due within 90 days after any tax deferred
property ceases to be qualifying property as defined in
Section 2.
If payment is not made when required by this Section,
foreclosure proceedings may be instituted under the Property
Tax Code.
(5) That any joint owner has given written prior
approval for such agreement, which written approval shall be
made a part of such agreement.
(6) That a guardian for a person under legal disability
appointed for a taxpayer who otherwise qualifies under this
Act may act for the taxpayer in complying with this Act.
(7) That a taxpayer or his agent has provided to the
satisfaction of the collector, sufficient evidence that the
qualifying property on which the taxes are to be deferred is
insured against fire or casualty loss for at least the total
amount of taxes which have been deferred.
If the taxes to be deferred are special assessments, the
unit of local government making the assessments shall forward
a copy of the agreement entered into pursuant to this Section
and the bills for such assessments to the county collector of
the county in which the qualifying property is located.
(Source: P.A. 90-170, eff. 7-23-97; revised 10-31-98.)
Section 183. The Abused and Neglected Child Reporting
Act is amended by changing Section 11.1 as follows:
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described
in Section 11 only in furtherance of purposes directly
connected with the administration of this Act or the
Intergovernmental Missing Child Recovery Act of 1984. Those
persons and purposes for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when
administering the provisions of the Intergovernmental
Missing Child Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act
to place a child in temporary protective custody when
such person requires the information in the report or
record to determine whether to place the child in
temporary protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child or
a parent, guardian, or other person responsible for the
child's welfare who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an
issue before such court; however, such access shall be
limited to in camera inspection, unless the court
determines that public disclosure of the information
contained therein is necessary for the resolution of an
issue then pending before it.
(8.1) A probation officer or other authorized
representative of a probation or court services
department conducting an investigation ordered by a court
under the Juvenile Court Act of l987.
(9) A grand jury, upon its determination that
access to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are
responsible for child abuse or neglect investigations or
background investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason
to believe that a child has died as the result of abuse
or neglect.
(14) The Director of a State-operated facility when
an employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility
or a facility licensed by the Department of Human
Services (as successor to the Department of Alcoholism
and Substance Abuse) in which children reside when a
current or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect
report, pursuant to Section 4.3 of the Child Care Act of
1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall
not be disclosed, except as specifically authorized by
this Act or other applicable law. It is a Class A
misdemeanor to permit, assist or encourage the
unauthorized release of any information contained in such
reports or records. Nothing contained in this Section
prevents the sharing of reports or records relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and
Family Services and under the jurisdiction of the
juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided
in Section 17 of the Disabled Persons Rehabilitation Act.
(18) Any other agency or investigative body,
including the Department of Public Health and a local
board of health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities. The access to and release of information
from such records shall be subject to the approval of the
Director of the Department or his designee.
(19) The person appointed, under Section 2-17 of
the Juvenile Court Act of 1987, as the guardian ad litem
of a minor who is the subject of a report or records
under this Act.
(b) (20) Nothing contained in this Act prevents the
sharing or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(c) (21) To the extent that persons or agencies are
given access to information pursuant to this Section, those
persons or agencies may give this information to and receive
this information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 89-507, eff. 7-1-97; 90-15, eff. 6-13-97;
revised 10-31-98.)
Section 184. The Early Intervention Services System Act
is amended by changing Section 4 as follows:
(325 ILCS 20/4) (from Ch. 23, par. 4154)
Sec. 4. Illinois Interagency Council on Early
Intervention.
(a) There is established the Illinois Interagency
Council on Early Intervention. The Council shall be composed
of at least 15 but not more than 25 members. The members of
the Council and the designated chairperson of the Council
shall be appointed by the Governor. The Council member
representing the lead agency may not serve as chairperson of
the Council. The Council shall be composed of the following
members:
(1) The Secretary of Human Services (or his or her
designee) and 2 additional representatives of the
Department of Human Services designated by the Secretary,
plus the Directors (or their designees) of the following
State agencies involved in the provision of or payment
for early intervention services to eligible infants and
toddlers and their families:
(A) Illinois State Board of Education;
(B) (Blank);
(C) (Blank);
(D) Illinois Department of Children and Family
Services;
(E) University of Illinois Division of
Specialized Care for Children;
(F) Illinois Department of Public Aid;
(G) Illinois Department of Public Health;
(H) (Blank);
(I) Illinois Planning Council on Developmental
Disabilities; and
(J) Illinois Department of Insurance.
(2) Other members as follows:
(A) At least 20% of the members of the Council
shall be parents, including minority parents, of
infants or toddlers with disabilities or children
with disabilities aged 12 or younger, with knowledge
of, or experience with, programs for infants and
toddlers with disabilities. At least one such
member shall be a parent of an infant or toddler
with a disability or a child with a disability aged
6 or younger;
(B) At least 20% of the members of the Council
shall be public or private providers of early
intervention services;
(C) One member shall be a representative of
the General Assembly; and
(D) One member shall be involved in the
preparation of professional personnel to serve
infants and toddlers similar to those eligible for
services under this Act.
The Council shall meet at least quarterly and in such
places as it deems necessary. Terms of the initial members
appointed under paragraph (2) shall be determined by lot at
the first Council meeting as follows: of the persons
appointed under subparagraphs (A) and (B), one-third shall
serve one year terms, one-third shall serve 2 year terms, and
one-third shall serve 3 year terms; and of the persons
appointed under subparagraphs (C) and (D), one shall serve a
2 year term and one shall serve a 3 year term. Thereafter,
successors appointed under paragraph (2) shall serve 3 year
terms. Once appointed, members shall continue to serve until
their successors are appointed. No member shall be appointed
to serve more than 2 consecutive terms.
Council members shall serve without compensation but
shall be reimbursed for reasonable costs incurred in the
performance of their duties, including costs related to child
care, and parents may be paid a stipend in accordance with
applicable requirements.
The Council shall prepare and approve a budget using
funds appropriated for the purpose to hire staff, and obtain
the services of such professional, technical, and clerical
personnel as may be necessary to carry out its functions
under this Act. This funding support and staff shall be
directed by the lead agency.
(b) The Council shall:
(1) advise and assist the lead agency in the
performance of its responsibilities including but not
limited to the identification of sources of fiscal and
other support services for early intervention programs,
and the promotion of interagency agreements which assign
financial responsibility to the appropriate agencies;
(2) advise and assist the lead agency in the
preparation of applications and amendments to
applications;
(3) review and advise on relevant regulations and
standards proposed by the related State agencies;
(4) advise and assist the lead agency in the
development, implementation and evaluation of the
comprehensive early intervention services system; and
(5) prepare and submit an annual report to the
Governor and to the General Assembly on the status of
early intervention programs for eligible infants and
toddlers and their families in Illinois. The annual
report shall include (i) the estimated number of eligible
infants and toddlers in this State, (ii) the number of
eligible infants and toddlers who have received services
under this Act and the cost of providing those services,
and (iii) the estimated cost of providing services under
this Act to all eligible infants and toddlers in this
State.
No member of the Council shall cast a vote on or
participate substantially in any matter which would provide a
direct financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law. All
provisions and reporting requirements of the Illinois
Governmental Ethics Act shall apply to Council members.
(Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
89-626, eff. 8-9-96; revised 10-31-98.)
Section 185. The Survivors Compensation Act is amended
by changing Section 2 as follows:
(330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82)
Sec. 2. Persons entitled to compensation. The widow or
widower, child or children, mother, father, persons standing
in loco parentis, brothers and sisters, in the order named,
of any deceased person if (a) that person was a resident of
Illinois for at least 12 months immediately preceding entry
into military service and (b) that person's death was service
connected as a result of hostile action with unfriendly
forces during a period which has not been recognized by award
of a U.S. campaign or service medal, shall be paid $1,000.
Where a preceding beneficiary fails to file a claim of
compensation after the official notice of death, the
Department of Veterans' Affairs may accept applications from
succeeding beneficiaries and such beneficiaries may then
proceed to qualify upon submission of satisfactory proof of
eligibility.
(Source: P.A. 85-170; revised 10-31-98.)
Section 186. The Veterans Burial Places Act is amended
by changing Section 1 as follows:
(330 ILCS 110/1) (from Ch. 21, par. 59a)
Sec. 1. For the purpose of locating the burial places of
United States War Veterans and reporting to the United States
Government under the provisions of the Federal Law respecting
the erection of headstones at the graves of United States War
Veterans and the erection of memorial markers where the
remains of such veterans were not recovered or were buried at
sea, the Department of Veterans' Affairs shall maintain a
card file Roll of Honor, alphabetically arranged, of all
veterans buried in the State or, if no remains were recovered
or if such remains were buried at sea, of all the memorial
markers for such veterans placed in the State and an
additional record by counties showing the burials or memorial
markers in each cemetery in each county. The records, so far
as obtainable, shall contain the name of the veteran, war
served in, his rank, organizations, dates of enlistment and
discharge, date of death, description of grave or memorial
marker, and name and location of cemetery. It shall also be
his duty to prepare requisitions on the Federal Government
for headstones or memorial markers when same are desired and
to supervise their transportation from the railroad station
to and erection at the grave of the veteran or at the site
for the erection of a memorial marker if no remains were
recovered or if such remains were buried at sea, certifying
bills for same for payment.
The Department of Veterans' Affairs, shall appoint such
additional employees as may be required to maintain the
records of War Veterans Graves and Memorial Markers
Registration. The appointment of such employees shall not be
subject to the provisions of any law relating to civil
service or job classification on a merit basis.
"United States War Veterans", for purposes of this Act,
means:
(1) Soldiers of the Union and Confederate Armies of the
Civil War.
(2) Members of the Armed Forces of the United States
dying in the service and former members whose last service
terminated honorably.
(3) Persons buried in post and national cemeteries.
(4) Members of a reserve component of the Armed Forces
of the United States, and members of the Army National Guard
or the Air National Guard, whose death occurred under
honorable conditions while they were:
(a) on active duty for training, or performing
full-time service under Section 316, 503, 504, or 505 of
Title 32, United States Code;
(b) performing authorized travel to or from that
duty or service;
(c) on authorized inactive duty training, including
training performed as members of the Army National Guard
or the Air National Guard; or
(d) hospitalized or undergoing treatment, at the
expense of the United States, for injury or disease
contracted or incurred under honorable conditions while
they were:
(i) on that duty or service;
(ii) performing that travel or inactive duty
training; or
(iii) undergoing that hospitalization or
treatment at the expenses of the United States.
(5) Members of the Reserve Officers Training Corps of
the Army, Navy, or Air Force whose death occurred under
honorable conditions while they were:
(a) attending an authorized training camp or on an
authorized practice cruise;
(b) performing authorized travel to or from that
camp or cruise; or
(c) hospitalized or undergoing treatment, at the
expense of the United States, for injury or disease
contracted or incurred under honorable conditions while
they were:
(i) attending that camp or on that cruise;
(ii) performing that travel; or
(iii) undergoing that hospitalization or
treatment at the expense of the United States.
(Source: P.A. 81-167; revised 10-31-98.)
Section 187. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-114,
3-202, 4-209, and 4-210 as follows:
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114. (a) Whenever an attorney or other advocate
from the Guardianship and Advocacy Commission or the agency
designated by the Governor under Section 1 of the Protection
and Advocacy for Developmentally Disabled Persons Act "An Act
in relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending Acts
therein named", approved September 20, 1985, or any other
attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently
representing the recipient, or has been appointed by any
court or administrative agency to do so or has been requested
to represent the recipient by a member of the recipient's
family, the facility shall, subject to the provisions of
Section 2-113 of this Code, disclose to the attorney or
advocate whether the recipient is presently residing in the
facility and, if so, how the attorney or advocate may
communicate with the recipient.
(b) The facility may take reasonable precautions to
identify the attorney or advocate. No further information
shall be disclosed to the attorney or advocate except in
conformity with the authorization procedures contained in the
Mental Health and Developmental Disabilities Confidentiality
this Act.
(c) Whenever the location of the recipient has been
disclosed to an attorney or advocate, the facility director
shall inform the recipient of that fact and shall note this
disclosure in the recipient's records.
(d) An attorney or advocate who receives any information
under this Section may not disclose this information to
anyone else without the written consent of the recipient
obtained pursuant to Section 5 of the Mental Health and
Developmental Disabilities Confidentiality Act this Code.
(Source: P.A. 86-1417; revised 12-23-98.)
(405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202)
Sec. 3-202. (a) Every mental health facility shall
maintain adequate records which shall include the Section of
this Chapter under which the recipient was admitted, any
subsequent change in the recipient's status, and requisite
documentation for such admission and status.
(b) Nothing contained in this Chapter shall be construed
to limit or otherwise affect the power of any mental health
facility to determine the qualifications of persons who may
be permitted to admit recipients to such facility. This
subsection shall not affect or limit the powers of any court
to order hospitalization or of admission to a program of
alternative treatment as set forth in this Chapter.
(Source: P.A. 88-380; revised 10-31-98.)
(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
Sec. 4-209. (a) Hearings under Sections 4-201.1, 4-312,
4-704 and 4-709 of this Chapter shall be conducted by a
utilization review committee. The Secretary shall appoint a
utilization review committee at each Department facility.
Each such committee shall consist of multi-disciplinary
professional staff members who are trained and equipped to
deal with the habilitation needs of clients. At least one
member of the committee shall be a qualified mental
retardation professional. The client and the objector may be
represented by persons of their choice.
(b) The utilization review committee shall not be bound
by rules of evidence or procedure but shall conduct the
proceedings in a manner intended to ensure a fair hearing.
The committee may make such investigation as it deems
necessary. It may administer oaths and compel by subpoena
testimony and the production of records. A stenographic or
audio recording of the proceedings shall be made and shall be
kept in the client's record. Within 3 days of conclusion of
the hearing, the committee shall submit to the facility
director its written recommendations which include its
factual findings and conclusions. A copy of the
recommendations shall be given to the client and the
objector.
(c) Within 7 days of receipt of the recommendations, the
facility director shall give written notice to the client and
objector of his acceptance or rejection of the
recommendations and his reason therefor. If the facility
director rejects the recommendations or if the client or
objector requests review of the facility director's decision,
the facility director shall promptly forward a copy of his
decision, the recommendations, and the record of the hearing
to the Secretary of the Department for final review. The
review of the facility director's decision shall be decided
by the Secretary or his or her designee within 30 days of the
receipt of a request for final review. The decision of the
facility director, or the decision of the Secretary (or his
or her designee) if review was requested, shall be considered
a final administrative decision, and shall be subject to
review under and in accordance with Article III of the Code
of Civil Procedure. The decision of the facility director,
or the decision of the Secretary (or his or her designee) if
review was requested, shall be considered a final
administrative decision.
(Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
(405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
Sec. 4-210. Whenever a petition has been executed
pursuant to Sections 4-401 or 4-501, and prior to the
examination for the purpose of certification, the person
conducting this examination shall inform the person being
examined in a simple comprehensible manner: that he is
entitled to consult with a relative, friend, or attorney
before the examination and that an attorney will be appointed
for him if he desires; that he will be evaluated to
determine if he meets the standard for judicial or emergency
admission; that he does not have to talk to the examiner;:
and that any statement made by him may be disclosed at a
court hearing on the issue of whether he meets the standard
for judicial admission. If the respondent is not so
informed, the examiner shall not be permitted to testify at
any subsequent court hearing concerning the respondent's
admission.
(Source: P.A. 80-1414; revised 10-31-98.)
Section 188. The Uniform Act for the Extradition of
Persons of Unsound Mind is amended by changing Section 3 as
follows:
(405 ILCS 10/3) (from Ch. 91 1/2, par. 123)
Sec. 3. A person alleged to be of unsound mind found in
this State, who has fled from another state, in which, at the
time of his flight:
(a) he was under detention by law in a hospital,
asylum or other institution for the insane as a person of
unsound mind,; or
(b) he had been theretofore determined by legal
proceedings to be of unsound mind, the finding being
unreversed and in full force and effect, and the control
of his person having been acquired by a court of
competent jurisdiction of the state from which he fled,;
or
(c) he was subject to detention in such state,
being then his legal domicile (personal service of
process having been made) based on legal proceedings
there pending to have him declared of unsound mind,:
shall, on demand of the executive authority of the state from
which he fled, be delivered up to be removed thereto.
(Source: Laws 1917, p. 345; revised 1-30-99.)
Section 189. The Community Mental Health Act is amended
by changing Section 8 as follows:
(405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
Sec. 8. The Secretary of Human Services may make
grants-in-aid to such county, city, village, incorporated
town, township, public health district, county health
department, multiple-county health department, school
district or any combination thereof in accordance with the
provisions of Section 34 of the Mental Health and
Developmental Disabilities Administrative Act. However, no
such grants shall be made without first considering the
review and comments made by the board as set forth in Section
3e 3 (e) and responding thereto. The Department shall make
all rules necessary for carrying out the provisions of this
Section, including the setting of standards of eligibility
for state assistance.
(Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
Section 190. The Crematory Regulation Act is amended by
changing Section 80 as follows:
(410 ILCS 18/80)
Sec. 80. Home Rule. The regulation of crematories and
crematory authorities as set forth in this Act is an
exclusive power and function of the State. A home rule unit
may not regulate crematories or crematory authorities. This
Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of or Article VII
of the Illinois Constitution.
(Source: P.A. 87-1187; revised 10-28-98.)
Section 191. The Environmental Barriers Act is amended
by changing Section 6 as follows:
(410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
Sec. 6. Civil Enforcement. (a) The Attorney General
shall have authority to enforce the standards. The Attorney
General shall investigate any complaint or reported violation
of this Act and, where necessary to ensure compliance, may
bring an action for any or all of the following:
(1) mandamus;
(2) injunction to halt construction or alteration of any
public facility or to require compliance with the standards
by any public facility which has been or is being constructed
or altered in violation of this Act;
(3) injunction to halt construction of any multi-story
housing unit or to require compliance with the standards by
any multi-story housing unit which has been or is being
constructed in violation of this Act; or
(4) other appropriate relief.
(Source: P.A. 84-948; revised 10-31-98.)
Section 192. The Illinois Rural/Downstate Health Act is
amended by changing Sections 2 and 4 as follows:
(410 ILCS 65/2) (from Ch. 111 1/2, par. 8052)
Sec. 2. The General Assembly finds that citizens in the
rural, downstate and designated shortage areas of this State
are increasingly faced with problems in accessing necessary
health care. The closure of small rural hospitals, the
inability of these areas to attract new physicians, the
elimination of existing physician services because of
increasing practice costs, including the cost of providing
malpractice insurance, and the lack of systems of emergency
medical care contribute to the access problems experienced
experience by these residents. While Illinois is not unique
in experiencing these problems, the need to maintain or
enhance the economies of these areas of the State requires
that new and innovative strategies be identified and
implemented to respond to the health care needs of residents
of these areas. It is therefore the intent of this General
Assembly to create a program to respond to this problem.
For purposes of this Act, "designated shortage areas"
means medically underserved areas or health manpower shortage
area as defined by the United States Department of Health and
Human Services or as otherwise designated by the Illinois
Department of Public Health.
(Source: P.A. 86-965; 86-1187; revised 10-31-98.)
(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 Section 55.53(a) of the 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 this
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; revised 10-31-98.)
Section 194. The Pertussis Vaccine Act is amended by
changing Section 3 as follows:
(410 ILCS 235/3) (from Ch. 111 1/2, par. 7503)
Sec. 3. Public pamphlet. The Director shall prepare and
make available upon request to all health care providers,
parents and guardians in the State, a pamphlet which explains
the benefits and possible adverse reactions to immunizations
for pertussis. This pamphlet may contain any information
which the Director deems necessary and may be revised by the
Department whenever new information concerning these
immunizations becomes available. The pamphlet shall include
the following information:
(a) a list of the immunizations required for
admission to a public or private school in the State;
(b) specific information regarding the pertussis
vaccine which includes:
(1) the circumstances under which pertussis
vaccine should not be administered or should be
delayed, including the categories of persons who are
significantly more vulnerable to major adverse
reactions than are members of the general
population;
(2) the frequency, severity and potential
long-term effects of pertussis;
(3) possible adverse reactions to pertussis
vaccine and the early warning signs or symptoms that
may be precursors to a major adverse reaction which,
upon occurrence, should be brought to the immediate
attention of the health care provider who
administered the vaccine;
(4) a form that the parent or guardian may use
to monitor symptoms of a possible adverse reaction
and which includes places where the parent or
guardian can record information about the symptoms
that will assist the health care provider; and
(5) measures that a parent or guardian should
take to reduce the risk of, or to respond to, a
major adverse reaction including identification of
who should be notified of the reaction and when the
notification should be made.
The Director shall prepare the pamphlet in consultation
with the Illinois State Medical Society, the Illinois
Hospital Association, and interested consumer groups and
shall adopt by regulation the information contained in the
pamphlet, pursuant to the Illinois Administrative Procedure
Act.
(Source: P.A. 85-898; revised 10-31-98.)
Section 195. The Prenatal Syphilis Act is amended by
changing Section 1 as follows:
(410 ILCS 320/1) (from Ch. 111 1/2, par. 4801)
Sec. 1. Every physician, or other person, attending in a
professional capacity a pregnant woman in Illinois, shall
take or cause to be taken a sample of blood of such woman at
the time of the first examination, and a second sample of
blood shall be taken or caused to be taken during the third
trimester of pregnancy. These blood specimens shall be
submitted to a laboratory approved by the Department of
Public Health for a serological test for syphilis approved by
the State Department of Public Health. In the event that any
such blood test shall show a positive or doubtful result an
additional test or tests shall be made. Such serological test
or tests shall, upon request of any physician, be made free
of charge by the State Department of Public Health or the
Health Departments of cities, villages and incorporated towns
maintaining laboratories for the testing of blood specimens
of any woman women who resides in that city, village or
incorporated town.
The provisions of this Section shall not apply to any
woman who objects to such serological tests on the grounds
that such tests are contrary to her religious beliefs and
practices.
(Source: P.A. 81-934; revised 10-31-98.)
Section 196. The Alzheimer's Disease Assistance Act is
amended by changing Section 4 as follows:
(410 ILCS 405/4) (from Ch. 111 1/2, par. 6954)
Sec. 4. Development of standards for a service network
and designation of regional centers and primary providers.
By January 1, 1987, the Department, in consultation with the
Advisory Committee, shall develop standards for the conduct
of research and for the identification, evaluation,
diagnosis, referral and treatment of victims of Alzheimer's
disease and related disorders and their families through the
ADA network of designated regional centers and other
providers of service under this Act. Such standards shall
include all of the following:
(a) A description of the specific populations and
geographic areas to be served through ADA networks that
may be established under this Act.;
(b) Standards, criteria and procedures for
designation of Regional ADA Centers, which ensure the
provision of quality care to a broad segment of the
population through on-site facilities and services and
through a network of primary Alzheimer's providers and
other providers of service that may be available within
the service area defined by the Department. At least 2
Regional ADA Centers shall be conveniently located to
serve the Chicago metropolitan area and at least one
Regional ADA Center shall be conveniently located to
serve the balance of the State. The Regional ADA Centers
shall provide at least the following:
(1) comprehensive diagnosis and treatment
facilities and services which have (i) professional
medical staff specially-trained in geriatric
medicine, neurology, psychiatry and pharmacology,
and the detection, diagnosis and treatment of
Alzheimer's disease and related disorders, (ii)
sufficient support staff who are trained as
caregivers to victims of Alzheimer's disease and
related disorders, (iii) appropriate and adequate
equipment necessary for diagnosis and treatment,
(iv) transportation services necessary for outreach
to the service area defined by the Department and
for assuring access of patients to available
services, (v) and (v) such other support services,
staff and equipment as may be required;
(2) consultation and referral services for
victims and their families to ensure informed
consent to treatment and to assist them in obtaining
necessary assistance and support services through
primary Alzheimer's providers and various private
and public agencies that may otherwise be available
to provide services under this Act;
(3) research programs and facilities to assist
faculty and students in discovering the cause of and
the diagnosis, cure and treatment for Alzheimer's
disease and related disorders;
(4) training, consultation and continuing
education for caregivers, including families of
those who are affected by Alzheimer's disease and
related disorders;
(5) centralized data collection, processing
and storage that will serve as a clearinghouse of
information to assist victims, families and ADA
Resources, and to facilitate research; and
(6) programs of scientific and medical
research in relation to Alzheimer's disease and
related disorders that are designed and conducted in
a manner that may enable such center to qualify for
Federal financial participation in the cost of such
programs.
(c) Procedures for recording and reporting research
and treatment results by primary Alzheimer's providers
and other affiliated providers of service that are within
the ADA network to the Regional ADA Center and to the
Department.;
(d) Policies, procedures and minimum standards and
criteria to be included in affiliation agreements between
primary Alzheimer's providers and the Regional ADA Center
in the conduct of any research and in the diagnosis,
referral and treatment of victims of Alzheimer's disease
and related disorders and their families.; and
(e) Policies, procedures, standards and criteria,
including medical and financial eligibility factors,
governing admission to and utilization of the programs,
facilities and services available through the ADA network
by persons who may be or who have been diagnosed as
victims of Alzheimer's disease and related disorders,
including forms and procedures for obtaining necessary
patient consents to participation in research, and in the
reporting and processing of appropriate information in a
patient's medical records in relation to consultations,
referrals and treatments by the various providers of
service within the ADA network.
(Source: P.A. 90-404, eff. 8-15-97; revised 10-31-98.)
Section 197. The Vital Records Act is amended by
changing Section 15 as follows:
(410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)
Sec. 15. Procedure upon refusal to accept delayed record
of birth.
(1) If a delayed record of birth is not accepted under
the provisions of Section 14, a petition may be filed with
the circuit court of the petitioner's county of birth, or, if
a resident of Illinois, with the circuit court of the county
of his residence, or, if he resides in another state, with
any court of competent jurisdiction of that state, for an
order establishing a record of the date and place of the
petitioner's birth and his parentage.
(2) If the petition is filed in Illinois, it shall be
made on a form prescribed and furnished by the State
Registrar of Vital Records and shall allege:
(a) that the person for whom a delayed record of
birth is sought was born in this State;
(b) that no record of birth of such person can be
found in the office of the State Registrar of Vital
Records, local registrar, or county clerk of county of
birth;
(c) that diligent efforts by the petitioner have
failed to obtain the evidence required by Section 14;
(d) that the State Registrar of Vital Records has
refused to accept a delayed record of birth; and
(e) such other allegations as may be required.
(3) If the petition is filed in another state, it shall
contain essentially the same allegations as set forth in
subsection (2) 2 above.
(4) The petition shall be accompanied by a statement of
the State Registrar of Vital Records who refused to accept a
delayed record of birth, and all documentary evidence which
was submitted to that registration official in support of
such registration. The petition shall be sworn to by the
petitioner.
(5) The court shall fix a time and place for hearing the
petition, and the State Registrar of Vital Records who
refused to accept the petitioner's delayed record of birth
shall be given 10 days' notice of the hearing. Such official,
or his authorized representative, may appear and testify in
the proceeding.
(6) If the court, from the evidence required herein and
such other evidence as is presented, finds that the person
for whom a delayed record of birth is sought was born in the
State of Illinois, it shall make findings as to the place and
date of birth, parentage, and such other findings as the
petition may require and shall issue an order on a form
prescribed and furnished by the State Registrar of Vital
Records to establish a record of birth. This order shall
include the birth data to be registered, a description of the
evidence presented in the manner prescribed by Section 14 of
this Act, the date of the court's action, and shall be marked
as a court order.
(7) If the order is issued by a circuit court in this
State, the clerk of the court shall forward each such order
to the State Registrar of Vital Records. Such order shall be
registered by the State Registrar of Vital Records and shall
constitute the record of birth, from which copies may be
issued in accordance with Section 25 of this Act.
(8) If the order is issued by a court of competent
jurisdiction in another state, the petitioner may forward a
certified copy of the order to the State Registrar of Vital
Records. Such order shall be registered by the State
Registrar of Vital Records and shall constitute the record of
birth, from which copies may be issued in accordance with
Section 25 of this Act.
(Source: P.A. 76-678; revised 10-31-98.)
Section 198. The Illinois Egg and Egg Products Act is
amended by changing Section 16 as follows:
(410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
Sec. 16. Effective November 1, 1975, no person shall
engage in the business of removing eggs from their shells, in
the manufacture of or preparation of frozen, liquid,
desiccated or any other forms of whole eggs, yolks, whites or
any mixture of yolks and whites for food purposes, with or
without the addition of any other wholesome ingredients,
without first obtaining an Egg Breaker's License from the
Department. The Department shall inspect the establishment
and the equipment to be used in the egg breaking
establishment, and shall also ascertain if the establishment
complies in method, equipment and the rules and regulations
in regard to sanitation, which shall from time to time be
established by the Department to govern these establishments.
If, after such inspection, it appears that such establishment
complies with the provisions of the rules and regulations in
regard to sanitation governing egg breaking establishments,
the Department shall issue an Egg Breaker's License to the
establishment, upon payment of the required fee. The license
year shall begin on November 1, of each year and all licenses
shall expire on October 31, of each year. The license fee
shall be $200 for a year or fraction thereof.
All liquid, frozen or dried egg products sold or offered
for sale shall be processed under continuous supervision of
an inspector of the Department or the United States
Department of Agriculture in an Official Plant as specified
in the Egg Products Product Inspection Act.
(Source: P.A. 79-678; revised 10-31-98.)
Section 199. The Environmental Protection Act is amended
by changing Sections 9.4, 14.5, 21.6, 22.21, 27, 40.2, 45,
55.5, 57, 57.8, and 57.14 as follows:
(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
Sec. 9.4. (a) The General Assembly finds:
(1) That air pollution from municipal waste
incineration may constitute a threat to public health,
welfare and the environment. The amounts and kinds of
pollutants depend on the nature of the waste stream,
operating conditions of the incinerator, and the
effectiveness of emission controls. Under normal
operating conditions, municipal waste incinerators
produce pollutants such as organic compounds, metallic
compounds and acid gases which may be a threat to public
health, welfare and the environment.
(2) That a combustion and flue-gas control system,
which is properly designed, operated and maintained, can
substantially reduce the emissions of organic materials,
metallic compounds and acid gases from municipal waste
incineration.
(b) It is the purpose of this Section to insure that
emissions from new municipal waste incineration facilities
which burn a total of 25 tons or more of municipal waste per
day are adequately controlled.
Such facilities shall be subject to emissions limits and
operating standards based upon the application of Best
Available Control Technology, as determined by the Agency,
for emissions of the following categories of pollutants:
(1) particulate matter, sulfur dioxide and nitrogen
oxides;
(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(c) The Agency shall issue permits, pursuant to Section
39, to new municipal waste incineration facilities only if
the Agency finds that such facilities are designed,
constructed and operated so as to comply with the
requirements prescribed by this Section.
Prior to adoption of Board regulations under subsection
(d) of this Section the Agency may issue permits for the
construction of new municipal waste incineration facilities.
The Agency determination of Best Available Control Technology
shall be based upon consideration of the specific pollutants
named in subsection (d), and emissions of particulate matter,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit the applicability of
any other Sections of this Act, or of other standards or
regulations adopted by the Board, to municipal waste
incineration facilities. In issuing such permits, the Agency
may prescribe those conditions necessary to assure continuing
compliance with the emission limits and operating standards
determined pursuant to subsection (b); such conditions may
include the monitoring and reporting of emissions.
(d) Within one year after the effective date of this
amendatory Act of 1985, the Board shall adopt regulations
pursuant to Title VII 7 of this Act, which define the terms
in items (2), (3) and (4) of subsection (b) of this Section
which are to be used by the Agency in making its
determination pursuant to this Section. The provisions of
Section 27(b) 27b of this Act shall not apply to this
rulemaking.
Such regulations shall be written so that the categories
of pollutants include, but need not be limited to, the
following specific pollutants:
(1) hydrogen chloride in the definition of acid
gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
lead in the definition of heavy metals; and
(3) polychlorinated dibenzo-p-dioxins,
polychlorinated dibenzofurans and polynuclear aromatic
hydrocarbons in the definition of organic materials.
(e) For the purposes of this Section, the term "Best
Available Control Technology" means an emission limitation
(including a visible emission standard) based on the maximum
degree of pollutant reduction which the Agency, on a
case-by-case basis, taking into account energy, environmental
and economic impacts, determines is achievable through the
application of production processes or available methods,
systems and techniques, including fuel cleaning or treatment
or innovative fuel combustion techniques. If the Agency
determines that technological or economic limitations on the
application of measurement methodology to a particular class
of sources would make the imposition of an emission standard
not feasible, it may instead prescribe a design, equipment,
work practice or operational standard, or combination
thereof, to require the application of best available control
technology. Such standard shall, to the degree possible, set
forth the emission reduction achievable by implementation of
such design, equipment, work practice or operation and shall
provide for compliance by means which achieve equivalent
results.
(f) "Municipal waste incineration" means the burning of
municipal waste or fuel derived therefrom in a combustion
apparatus designed to burn municipal waste that may produce
electricity or steam as a by-product. A "new municipal waste
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986.
(g) The provisions of this Section shall not apply to
industrial incineration facilities that burn waste generated
at the same site.
(Source: P.A. 84-957; revised 10-31-98.)
(415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
Sec. 14.5. (a) The Agency shall administer a
certification system for sites which represent a minimal
hazard with respect to contamination of groundwaters by
potential primary or potential secondary sources. No later
than January 1, 1988, the Agency shall develop and make
available a minimal hazard certification form and guidelines
for the use and management of containers and above ground
tanks, and for the piling of waste.
(b) After January 1, 1988, the owner of any site which
would otherwise be subject to the provisions of subsection
(d) of Section 14.2 or Section 14.4 and regulations adopted
thereunder may provide a certification of minimal hazard to
the Agency if the following conditions are met:
(1) no on-site landfilling, land treating, or
surface impounding of waste, other than landscape waste
or construction and demolition debris, has taken place
and such circumstance will continue;
(2) no on-site piles of special or hazardous waste
are present and such circumstance will continue, and any
piling of other wastes which could cause contamination of
groundwater will be consistent with guidelines developed
by the Agency;
(3) no underground storage tanks are present on the
site and such circumstances will continue;
(4) use and management of containers and above
ground tanks will be consistent with guidelines developed
by the Agency;
(5) no on-site release of any hazardous substance
or petroleum has taken place which was of sufficient
magnitude to contaminate groundwaters;
(6) no more than 100 gallons of either pesticides
or organic solvents, or 10,000 gallons of any hazardous
substances, or 30,000 gallons of petroleum, will be
present at any time; and
(7) notice has been given to the owner of each
community water supply well within 1,000 feet of the
site.
(c) Upon receipt of a certification pursuant to
subsection (b) of this Section the Agency shall, within 90
days, take one of the following actions:
(1) notify the owner of the site in writing that
the certification is complete and adequate;
(2) notify the owner of the site in writing that
the certification is not adequate, including a statement
of the reasons therefor;
(3) notify the owner of the site in writing that a
site inspection will be held within 120 days, and that
following such inspection but still within the 120 day
period further action will be taken pursuant to item (1)
or (2) of this subsection; or
(4) notify in writing the owner of the site that
pursuant to Section 17.1 a county or municipality is
conducting a groundwater protection needs assessment or
the Agency is conducting a well site survey which
encompasses the site for which certification is being
processed, and specify a time period, not to exceed a
total of 180 days from the date of the notice, for
consideration of the findings from such assessment or
survey and by which further action will be taken pursuant
to item (1) or (2) of this subsection.
A certification is not adequate if it fails to address
each of the conditions required to be met by subsection (b)
of this Section, or if the Agency possesses information which
reasonably suggests that any statement made in the
certification is inaccurate or incomplete. Action under item
(1) or (2) of this subsection shall constitute a final
determination of the Agency.
(d) When a certification has been provided with respect
to which the Agency has made a finding of adequacy or has
failed to act in a timely manner pursuant to subsection (c)
of this Section, the site shall not be subject to the
provisions of subsection (d) of Section 14.2 or Section 14.4
and regulations adopted thereunder for the following time
periods:
(1) one year, if the Agency has failed to act in a
timely manner pursuant to subsection (c) of this Section,
during which time the owner must recertify to continue
such status;
(2) three years, if the site is located within a
minimum or maximum setback zone, during which time the
owner must recertify to continue such status;
(3) five years, if the site is located within a
regulated recharge area, during which time the owner must
recertify to continue such status; or
(4) 90 days past the time when a change of
ownership takes place, during which time the new owner
must recertify to continue such status.
(e) During the effective period of a certification, the
owner of the site shall maintain compliance with the
conditions specified in subsection (b) of this Section. Any
failure by the owner to maintain such compliance shall be
just cause for decertification by the Agency. Such action
may only be taken after the Agency has provided the owner
with a written notice which identifies the noncompliance and
specifies a 30 day period during which a written response may
be provided by the owner. Such response may describe any
actions taken by the owner which relate to the conditions of
certification. If such response is deficient or untimely,
the Agency shall serve notice upon the owner that the site
has been decertified and is subject to the applicable
provisions of subsection (d) of Section 14.2 or Section 14.4
and regulations adopted thereunder. Such notification shall
constitute a final determination of the Agency.
(f) The Agency shall maintain a master listing, indexed
by county, of those sites for which certifications are in
effect. Upon the establishment of a regional planning
committee pursuant to Section 17.2, the Agency shall provide
a copy of the pertinent portions of such listing to such
committee on a quarterly basis. The Agency shall also make
copies of such listing available to units of local government
and the public upon request.
(g) The Agency may enter into a written delegation
agreement with any county or municipality, which has adopted
an ordinance consistent with Section 14.2 or 14.3, to
administer the provisions of this Section. Such delegation
agreements shall require that the work to be performed
thereunder shall be in accordance with criteria established
by the Agency, be subject to periodic review by the Agency,
and shall include such financial and program auditing by the
Agency as may be necessary.
(Source: P.A. 85-863; revised 10-31-98.)
(415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
Sec. 21.6. Materials disposal ban.
(a) Beginning July 1, 1996, no person may knowingly mix
liquid used oil with any municipal waste that is intended for
collection and disposal at a landfill.
(b) Beginning July 1, 1996, no owner or operator of a
sanitary landfill shall accept for final disposal liquid used
oil for final disposal that is discernible discernable in the
course of prudent business operation.
(c) For purposes of this Section, "liquid used oil" does
shall not include used oil filters, rags, absorbent material
used to collect spilled oil or other materials incidentally
contaminated with used oil, or empty containers which
previously contained virgin oil, re-refined oil, or used oil.
(d) The Agency and the Department of Commerce and
Community Affairs shall investigate the manner in which
liquid used oil is currently being utilized and potential
prospects for future use.
(Source: P.A. 89-445, eff. 2-7-96; revised 3-10-98.)
(415 ILCS 5/22.21) (from Ch. 111 1/2, par. 1022.21)
Sec. 22.21. During operation of a pollution pollutional
control facility, the operator shall comply with the safety
standards relating to construction established pursuant to
the federal Occupational Safety and Health Act of 1970, Title
29, United States Code, Sections 651 through 678, Public Law
91-596, as amended.
(Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)
(415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
Sec. 27. Rulemaking.
(a) The Board may adopt substantive regulations as
described in this Act. Any such regulations may make
different provisions as required by circumstances for
different contaminant sources and for different geographical
areas; may apply to sources outside this State causing,
contributing to, or threatening environmental damage in
Illinois; may make special provision for alert and abatement
standards and procedures respecting occurrences or
emergencies of pollution or on other short-term conditions
constituting an acute danger to health or to the environment;
and may include regulations specific to individual persons or
sites. In promulgating regulations under this Act, the Board
shall take into account the existing physical conditions, the
character of the area involved, including the character of
surrounding land uses, zoning classifications, the nature of
the existing air quality, or receiving body of water, as the
case may be, and the technical feasibility and economic
reasonableness of measuring or reducing the particular type
of pollution. The generality of this grant of authority
shall only be limited by the specifications of particular
classes of regulations elsewhere in this Act.
No charge shall be established or assessed by the Board
or Agency against any person for emission of air contaminants
from any source, for discharge of water contaminants from any
source, or for the sale, offer or use of any article.
Any person filing with the Board a written proposal for
the adoption, amendment, or repeal of regulations shall
provide information supporting the requested change and shall
at the same time file a copy of such proposal with the Agency
and the Department of Natural Resources. To aid the Board
and to assist the public in determining which facilities will
be affected, the person filing a proposal shall describe, to
the extent reasonably practicable, the universe of affected
sources and facilities and the economic impact of the
proposed rule.
(b) Except as provided below and in Section 28.2, before
the adoption of any proposed rules not relating to
administrative procedures within the Agency or the Board, or
amendment to existing rules not relating to administrative
procedures within the Agency or the Board, the Board shall:
(1) request that the Department of Commerce and
Community Affairs conduct a study of the economic impact
of the proposed rules. The Department may within 30 to
45 days of such request produce a study of the economic
impact of the proposed rules. At a minimum, the economic
impact study shall address (A) economic, environmental,
and public health benefits that may be achieved through
compliance with the proposed rules, (B) the effects of
the proposed rules on employment levels, commercial
productivity, the economic growth of small businesses
with 100 or less employees, and the State's overall
economy, and (C) the cost per unit of pollution reduced
and the variability in cost based on the size of the
facility and the percentage of company revenues expected
to be used to implement the proposed rules; and
(2) conduct at least one public hearing on the
economic impact of those new rules. At least 20 days
before the hearing, the Board shall notify the public of
the hearing and make the economic impact study, or the
Department of Commerce and Community Affairs' Affair's
explanation for not producing an economic impact study,
available to the public. Such public hearing may be held
simultaneously or as a part of any Board hearing
considering such new rules.
In adopting any such new rule, the Board shall, in its
written opinion, make a determination, based upon the
evidence in the public hearing record, including but not
limited to the economic impact study, as to whether the
proposed rule has any adverse economic impact on the people
of the State of Illinois.
(c) On proclamation by the Governor, pursuant to Section
8 of the Illinois Emergency Services and Disaster Act of
1975, that a disaster emergency exists, or when the Board
finds that a severe public health emergency exists, the Board
may, in relation to any proposed regulation, order that such
regulation shall take effect without delay and the Board
shall proceed with the hearings and studies required by this
Section while the regulation continues in effect.
When the Board finds that a situation exists which
reasonably constitutes a threat to the public interest,
safety or welfare, the Board may adopt regulations pursuant
to and in accordance with Section 5-45 of the Illinois
Administrative Procedure Act.
(d) To the extent consistent with any deadline for
adoption of any regulations mandated by State or federal law,
prior to initiating any hearing on a regulatory proposal, the
Board may assign a qualified hearing officer who may schedule
a prehearing conference between the proponents and any or all
of the potentially affected persons. The notice requirements
of Section 28 shall not apply to such prehearing conferences.
The purposes of such conference shall be to maximize
understanding of the intent and application of the proposal,
to reach agreement on aspects of the proposal, if possible,
and to attempt to identify and limit the issues of
disagreement among the participants to promote efficient use
of time at hearing. No record need be kept of the prehearing
conference, nor shall any participant or the Board be bound
by any discussions conducted at the prehearing conference.
However, with the consent of all participants in the
prehearing conference, a prehearing order delineating issues
to be heard, agreed facts, and other matters may be entered
by the hearing officer. Such an order will not be binding on
nonparticipants in the prehearing conference.
(Source: P.A. 89-445, eff. 2-7-96; 90-489, eff. 1-1-98;
revised 10-31-98.)
(415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
Sec. 40.2. Application of review process.
(a) Subsection (a) of Section 40 does not apply to any
permit which is subject to Section 39.5. If the Agency
refuses to grant or grants with conditions a CAAPP permit,
makes a determination of incompleteness regarding a submitted
CAAPP application, or fails to act on an application for a
CAAPP permit, permit renewal, or permit revision within the
time specified in paragraph 5(j) of Section 39.5 of this Act,
the applicant, any person who participated in the public
comment process pursuant to subsection 8 of Section 39.5 of
this Act, or any other person who could obtain a hearing
before the Board pursuant to Section 41(a) of this Act, may
within 35 days after final permit action, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended by the applicant for a period of time
not to exceed 90 days by written notice provided to the Board
from the applicant and the Agency within the initial appeal
period. If another person with standing to appeal wishes to
obtain an extension, there must be a written notice provided
to the Board by that person, the Agency, and the applicant,
within the initial appeal period. Notwithstanding the
preceding requirements, petitions for a hearing before the
Board under this subsection may be filed after the 35-day
period, only if such petitions are based solely on grounds
arising after the 35-day period expires. Such petitions
shall be filed within 35 days after the new grounds for
review arise. If the final permit action being challenged is
the Agency's failure to take final action, a petition for a
hearing before the Board shall be filed before the Agency
denies or issues the final permit.
The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Sections 32 and 33(a)
of this Act shall apply, and the burden of proof shall be on
the petitioner.
(b) b. The Agency's failure to take final action within
90 days of receipt of an application requesting minor permit
modification procedures (or 180 days for modifications
subject to group processing requirements), pursuant to
subsection 14 of Section 39.5, will be subject to this
Section and Section 41 of this Act.
(c) c. If there is no final action by the Board within
120 days, the permit shall not be deemed issued; rather, the
petitioner shall be entitled to an Appellate Court order
pursuant to Section 41(d) of this Act.
(d) d. Any person who files a petition to contest the
final permit action by the Agency under this Section shall
pay a filing fee.
(e) The Agency shall notify USEPA, in writing, of any
petition for hearing brought under this Section involving a
provision or denial of a Phase II acid rain permit within 30
days of the filing of the petition. USEPA may intervene as a
matter of right in any such hearing. The Agency shall notify
USEPA, in writing, of any determination or order in a hearing
brought under this Section that interprets, voids, or
otherwise relates to any portion of a Phase II acid rain
permit.
(Source: P.A. 87-1213; 88-464; 88-690, eff. 1-24-95; revised
10-31-98.)
(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
Sec. 45. (a) No existing civil or criminal remedy for
any wrongful action shall be excluded or impaired by this
Act. Nothing in this Act shall be construed to limit or
supersede the provisions of the Illinois Oil and Gas Act, and
the powers therein granted to prevent the intrusion of water
into oil, gas or coal strata and to prevent the pollution of
fresh water supplies by oil, gas or salt water or oil field
wastes, except that water quality standards as set forth by
the Pollution Control Board apply to and are effective within
the areas covered by and affected by permits issued by the
Department of Natural Resources. However, if the Department
of Natural Resources fails to act upon any complaint within a
period of 10 working days following the receipt of a
complaint by the Department, the Environmental Protection
Agency may proceed under the provisions of this Act.
(b) Any person adversely affected in fact by a violation
of this Act or of regulations adopted thereunder may sue for
injunctive relief against such violation. However, except as
provided in subsection (d), no action shall be brought under
this Section until 30 days after the plaintiff has been
denied relief by the Board in a proceeding brought under
subsection (b) of Section 31 of this Act. The prevailing
party shall be awarded costs and reasonable attorneys' fees.
(c) Nothing in Section 39.4 of this Act shall limit the
authority of the Agency to proceed with enforcement under the
provisions of this Act for violations of terms and conditions
of an endorsed agrichemical facility permit, an endorsed
lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or
a lawncare wash water containment area, provided that prior
notice is given to the Department of Agriculture which
provides that Department an opportunity to respond as
appropriate.
(d) If the State brings an action under this Act against
a person with an interest in real property upon which the
person is alleged to have allowed open dumping or open
burning by a third party in violation of this Act, which
action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner
provided by law for third-party complaints, bring in as a
third-party defendant a person who with actual knowledge
caused or contributed to the illegal open dumping or open
burning, or who is or may be liable for all or part of the
removal and cleanup costs. The court may include any of the
parties which it determines to have, with actual knowledge,
allowed, caused or contributed to the illegal open dumping or
open burning in any order that it may issue to compel removal
of the waste and cleanup of the site, and may apportion the
removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any
fines or civil penalties imposed upon him under this Act from
a third-party defendant in an action brought under this
subsection.
(Source: P.A. 88-474; 89-445, eff. 2-7-96; revised 10-31-98.)
(415 ILCS 5/55.5) (from Ch. 111 1/2, par. 1055.5)
Sec. 55.5. (a) The Agency shall investigate alleged
violations of this the Title XIV, or of any regulation
promulgated hereunder, or of any approval granted by the
Agency, and may cause such other investigations to be made as
it may deem advisable.
(b) If an investigation discloses that a violation may
exist, the Agency shall take action pursuant to Title VIII of
this Act in a timely manner.
(c) Notwithstanding the provisions of subsection (b) of
this Section, prior to taking action pursuant to Title VIII
for violation of subsection (a), (b) or (c) of Section 55 of
this Act, the Agency or unit of local government shall issue
and serve upon the person complained against a written
warning notice informing such person that the Agency or unit
of local government intends to take such action. Such
written warning notice shall specify the alleged violation,
describe the corrective action which should be taken, and
provide a period of 30 days in which one of the following
response actions may be taken by such person:
(1) initiation and completion of the corrective
action, and notification of the Agency or unit of local
government in writing that such action has been taken; or
(2) notification of the Agency or unit of local
government in writing that corrective action will be
taken and completed within a period of 45 days from the
date of issuance of the warning notice.
In the event that the person fails to take a response
action, initiates but does not adequately complete a response
action, or takes other action in contravention of the
described corrective action, the Agency or unit of local
government may proceed pursuant to subsection (b) of this
Section. If the same person has been issued 2 written
warning notices for similar violations in any calendar year,
thereafter the Agency or unit of local government may proceed
pursuant to subsection (b) without first following the
provisions of this subsection for the remainder of such
calendar year with respect to such person.
(Source: P.A. 86-452; revised 10-31-98.)
(415 ILCS 5/57)
Sec. 57. Intent and purpose. This Title shall be known
and may be cited as the Leaking Underground Storage Tank
Program (LUST). The purpose of this Title which is to, in
accordance with the requirements of the Hazardous and Solid
Waste Amendments of 1984 of the Resource Conservation and
Recovery Act of 1976, and in accordance with the State's
interest in the protection of Illinois' land and water
resources:; (1) to adopt procedures for the remediation of
underground storage tank sites due to the release of
petroleum and other substances regulated under this Title
from certain underground storage tanks or related tank
systems; (2) to establish and provide procedures for a
Leaking Underground Storage Tank Program which will oversee
and review any remediation required for leaking underground
storage tanks, and administer the Underground Storage Tank
Fund; (3) to establish an Underground Storage Tank Fund
intended to be a State fund by which persons who qualify for
access to the Underground Storage Tank Fund may satisfy the
financial responsibility requirements under applicable State
law and regulations; (4) to establish requirements for
eligible owners and operators of underground storage tanks to
seek payment for any costs associated with physical soil
classification, groundwater investigation, site
classification and corrective action from the Underground
Storage Tank Fund; and (5) to audit and approve corrective
action efforts performed by Licensed Professional Engineers.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96; revised 10-31-98.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment;
options for State payment; deferred correction election to
commence corrective action upon availability of funds. If an
owner or operator is eligible to access the Underground
Storage Tank Fund pursuant to an Office of State Fire Marshal
eligibility/deductible final determination letter issued in
accordance with Section 57.9, the owner or operator may
submit a complete application for final or partial payment to
the Agency for activities taken in response to a confirmed
release. An owner or operator may submit a request for
partial or final payment regarding a site no more frequently
than once every 90 days.
(a) Payment after completion of corrective action
measures. The owner or operator may submit an application for
payment for activities performed at a site after completion
of the requirements of Sections 57.6 and 57.7, or after
completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for
which payment is being sought, the Agency shall make a
payment determination within 120 days of receipt of the
application. Such determination shall be considered a
final decision. The Agency's review shall be limited to
generally accepted auditing and accounting practices. In
no case shall the Agency conduct additional review of any
plan which was completed within the budget, beyond
auditing for adherence to the corrective action measures
in the proposal. If the Agency fails to approve the
payment application within 120 days, such application
shall be deemed approved by operation of law and the
Agency shall proceed to reimburse the owner or operator
the amount requested in the payment application.
However, in no event shall the Agency reimburse the owner
or operator an amount greater than the amount approved in
the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within
60 days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency
shall form a priority list for payment and shall notify
persons in such priority list monthly of the availability
of funds and when payment shall be made. Payment shall
be made to the owner or operator at such time as
sufficient funds become available for the costs
associated with corrective action and costs expended for
activities performed where no proposal is required, if
applicable. Such priority list shall be available to any
owner or operator upon request. Priority for payment
shall be determined by the date the Agency receives a
complete request for partial or final payment. Upon
receipt of notification from the Agency that the
requirements of this Title have been met, the Comptroller
shall make payment to the owner or operator of the amount
approved by the Agency, if sufficient money exists in the
Fund. If there is insufficient money in the Fund, then
payment shall not be made. If the owner or operator
appeals a final Agency payment determination and it is
determined that the owner or operator is eligible for
payment or additional payment, the priority date for the
payment or additional payment shall be the same as the
priority date assigned to the original request for
partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment
invoice paid to an eligible owner or operator. Only one
deductible shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred
in addition to those approved by the Agency, or after
payment, the owner or operator may submit successive
plans containing amended budgets. The requirements of
Section 57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed
Professional Engineer as required under this Title
and acknowledged by the owner or operator.
(B) A statement of the amount approved in the
plan and the amount actually sought for payment
along with a certified statement that the amount so
sought shall be expended in conformance with the
approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility
determination.
(D) Proof that approval of the payment
requested will not result in the limitations set
forth in subsection (g) of this Section being
exceeded.
(E) A federal taxpayer identification number
and legal status disclosure certification on a form
prescribed and provided by the Agency.
(b) Commencement of corrective action upon availability
of funds. The Board shall adopt regulations setting forth
procedures based on risk to human health or the environment
under which the owner or operator who has received approval
for any budget plan submitted pursuant to Section 57.7, and
who is eligible for payment from the Underground Storage Tank
Fund pursuant to an Office of the State Fire Marshal
eligibility and deductibility determination, may elect to
defer site classification, low priority groundwater
monitoring, or remediation activities until funds are
available in an amount equal to the amount approved in the
budget plan. The regulations shall establish criteria based
on risk to human health or the environment to be used for
determining on a site-by-site basis whether deferral is
appropriate. The regulations also shall establish the
minimum investigatory requirements for determining whether
the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or
operators of insufficient funds, Agency review of request for
deferral, notification of Agency final decisions, returning
deferred sites to active status, and earmarking of funds for
payment.
(c) When the owner or operator requests indemnification
for payment of costs incurred as a result of a release of
petroleum from an underground storage tank, if the owner or
operator has satisfied the requirements of subsection (a) of
this Section, the Agency shall forward a copy of the request
to the Attorney General. The Attorney General shall review
and approve the request for indemnification if:
(1) there is a legally enforceable judgment entered
against the owner or operator and such judgment was
entered due to harm caused by a release of petroleum from
an underground storage tank and such judgment was not
entered as a result of fraud; or
(2) a settlement with a third party due to a
release of petroleum from an underground storage tank is
reasonable.
(d) Notwithstanding any other provision of this Title,
the Agency shall not approve payment to an owner or operator
from the Fund for costs of corrective action or
indemnification incurred during a calendar year in excess of
the following aggregate amounts based on the number of
petroleum underground storage tanks owned or operated by such
owner or operator in Illinois.
Amount Number of Tanks
$1,000,000............................fewer than 101
$2,000,000...............................101 or more
(1) Costs incurred in excess of the aggregate
amounts set forth in paragraph (1) of this subsection
shall not be eligible for payment in subsequent years.
(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall
be acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or
operator includes (i) any subsidiary, parent, or joint
stock company of the owner or operator and (ii) any
company owned by any parent, subsidiary, or joint stock
company of the owner or operator.
(e) Costs of corrective action or indemnification
incurred by an owner or operator which have been paid to an
owner or operator under a policy of insurance, another
written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who
receives payment under a policy of insurance, another written
agreement, or a court order shall reimburse the State to the
extent such payment covers costs for which payment was
received from the Fund. Any monies received by the State
under this subsection (e) shall be deposited into the Fund.
(f) Until the Board adopts regulations pursuant to
Section 57.14, handling charges are eligible for payment only
if they are equal to or less than the amount determined by
the following table:
Subcontract or field Eligible Handling Charges
Purchase Cost as a Percentage of Cost
$0 - $5,000...........................................12%
$5,001 - $15,000.............$600+10% of amt. over $5,000
$15,001 - $50,000...........$1600+8% of amt. over $15,000
$50,001 - $100,000..........$4400+5% of amt. over $50,000
$100,001 - $1,000,000......$6900+2% of amt. over $100,000
(g) The Agency shall not approve any payment from the
Fund to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,000,000
per occurrence; and
(2) for costs of indemnification of such owner or
operator in an amount in excess of $1,000,000 per
occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator,
or other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or
liable for the release.
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification
incurred by an owner or operator prior to July 28, 1989,
shall not be eligible for payment or reimbursement under this
Section.
(k) The Agency shall not pay costs of corrective action
or indemnification incurred before providing notification of
the release of petroleum in accordance with the provisions of
this Title.
(l) Corrective action does not include legal defense
costs. Legal defense costs include legal costs for seeking
payment under this Title unless the owner or operator
prevails before the Board in which case the Board may
authorize payment of legal fees.
(m) The Agency may apportion payment of costs for plans
submitted under Section 57.7(c)(4)(E)(iii) if:
(1) the owner or operator was deemed eligible to
access the Fund for payment of corrective action costs
for some, but not all, of the underground storage tanks
at the site; and
(2) the owner or operator failed to justify all
costs attributable to each underground storage tank at
the site.
(Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96; revised 10-31-98.)
(415 ILCS 5/57.14)
Sec. 57.14. Advisory Committee; regulations.
(a) There is hereby established an Underground Storage
Tank Advisory Committee which shall consist of one member
from the Illinois State Chamber of Commerce, one member from
the Illinois Manufacturers Association, one member from the
Illinois Petroleum Council, 2 members from the Illinois
Petroleum Marketers Association, and one member from the
Consulting Engineers Council of Illinois.
(b) Within 6 months after the effective date of this
amendatory Act of 1993, the Agency, after consultation with
the Underground Storage Tank Advisory Committee, shall
propose regulations prescribing procedures and standards for
its administration of this Title. Within 6 months after
receipt of the Agency's proposed regulations, the Board shall
adopt, pursuant to Sections 27 and 28 of this Act,
regulations which are consistent with this Title. The
regulations, at a minimum, shall specify all of the
following:
(1) Criteria for determining indicator contaminants
based on the type of petroleum stored in an underground
storage tank. If no groundwater standard exists for an
indicator contaminant, the regulations shall specify
procedures to define and quantify appropriate groundwater
objectives.
(2) Types of corrective action activities which are
eligible for payment.
(3) Costs which are not corrective action costs.
(4) Procedures for requesting payment for
corrective action costs and information necessary to
complete such requests.
(5) Procedures for requesting and submitting
corrective action plans and budgets under this Title and
the information necessary to complete such plans and
budgets.
(6) Procedures for determining and collecting
excess payments.
(7) In the case of plans or reports submitted to
the Agency under this Title, the proposed and final
regulations shall specify procedures for the review of
plans or reports. A payment application that certifies
that a corrective action program was completed in
accordance with an approved proposal or report and at or
below the approved budget amount shall be deemed approved
unless the Agency has reason to believe that the
certification is fraudulent.
(c) Until such time as the regulations required under
this Section take effect, the Agency shall administer its
activities under this Title in accordance with the provisions
therein.
(d) Members of the advisory committee may organize
themselves as they deem necessary. Members shall serve
without compensation but shall be reimbursed for their
expenses from Underground Storage Tank Fund.
(e) By September 15, 1996, the Agency shall propose
regulations in accordance with item (2) (B) of subsection
(b) of Section 57.7, subsection (b) of Section 57.8, and
subsection (f) of Section 57.10. Within 6 months after
receipt of the Agency's proposed regulations, the Board shall
adopt, under Sections 27 and 28 of this Act, rules that are
consistent with item (2) (B) of subsection (b) of Section
57.7, subsection (b) of Section 57.8, and subsection (f) of
Section 57.10.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
90-14, eff. 7-1-97; revised 10-28-98.)
Section 200. The Local Solid Waste Disposal Act is
amended by changing Section 3.1 as follows:
(415 ILCS 10/3.1) (from Ch. 85, par. 5903.1)
Sec. 3.1. If a solid waste management plan prepared and
implemented under Section 3 of this Act, Section 4 of the
Solid Waste Planning and Recycling Act, Section 2 of the
Illinois Solid Waste Management Act, Section 22.15 of the
Environmental Protection Act, or Section 4 of the Solid Waste
Planning and Recycling Act, or the Energy Facility Plan,
specifies that incineration shall be a means used by a
facility to meet waste disposal needs within a jurisdiction,
that facility shall be deemed a qualified solid waste energy
facility if it meets the following requirements:
(1) The operator annually certifies to the Illinois
Commerce Commission that solid waste is the primary fuel and
comprises no less than 95% of the annual fuel loading.
(2) The operator guarantees that the solid waste
throughput volume shall be equal to at least 66% of the
design capacity of the facility.
(3) (A) A solid waste management plan has been developed
by the unit or units of local government included in the
area that is intended to be served by the facility and
has been filed with and approved by the Illinois
Environmental Protection Agency pursuant to subsection
(g) of Section 22.15 of the Illinois Environmental
Protection Act or pursuant to Section 5 of the Solid
Waste Planning and Recycling Act. Any such plan shall
establish a recycling goal of a minimum of 25% by weight
of the solid waste stream generated within the planning
area; or
(B) For any facility that receives local site
approval before May 1, 1989, a Solid Waste Energy
Facility Plan has been developed with respect to the
facility by the owner or operator of the facility and has
been filed with and approved by the Illinois
Environmental Protection Agency. Any such Solid Waste
Energy Facility Plan shall establish a recycling goal of
at least 25% of the solid waste stream received by the
Solid Waste Energy Facility, and shall include a
description of the processes and systems to be utilized
by the facility for materials and energy recovery.
(4) A good faith effort has been made by the unit or
units of local government served by the facility or the owner
or operator of the facility to achieve the 25% recycling goal
at the time the facility commences commercial operation and
thereafter.
(Source: P.A. 86-145; 86-1028; 87-650; revised 10-31-98.)
Section 201. The Illinois Solid Waste Management Act is
amended by changing Sections 7.3 and 8 as follows:
(415 ILCS 20/7.3)
Sec. 7.3. Waste collection pilot project. On or before
March 1, 1994, the Department shall issue a Request for
Proposals Proposal to establish a pilot wet/dry collection
pilot project, serving at least 600 households, to evaluate
the feasibility of wet/dry collection systems that divert
source separated recyclables and compostable nontoxic organic
materials from the residential and commercial waste streams.
The study shall evaluate both two-stream and three-stream
systems using, at a minimum, the following criteria:
convenience and effectiveness of different sorting systems,
waste diversion potential, compost quality, marketability of
end-products, contamination levels, efficiency and cost of
various collection systems, and participation levels.
The pilot project shall include, but need not be limited
to, the following materials: newspapers, mixed paper, glass
containers, plastic containers, food waste, paper towels,
facial tissue, cardboard, and metals. The pilot program
shall include promotional materials to discourage residents
from collecting their grass clippings.
(Source: P.A. 88-182; revised 10-31-98.)
(415 ILCS 20/8)
Sec. 8. Recycling Economic Development Program. On or
before March 1, 1994, the Department shall issue a Request
for Proposals Proposal that invites individuals,
not-for-profit corporations, and small businesses to submit
proposals to develop enterprises that use secondary materials
that are collected in municipal and business recycling
programs for the manufacture of recycled-content products.
Grants to qualified applicants shall not exceed $50,000 for
any one proposal. The Department shall provide grants in an
amount not to exceed $150,000 during any one fiscal year.
The terms of the grants shall be determined by the
Department. This program shall operate for a period not to
exceed 2 years.
The Department shall give priority to proposals that will
create small scale businesses in economically depressed
areas. In determining the most viable proposals, the
Department may consider, in addition to its regular market
development program guidelines, the nature of the business,
its capital needs, benefits to the community, program budget
constraints, local financing opportunities, and the type of
secondary material that will be used as feedstock in the
reuse or remanufacturing process.
The Department shall hold at least 2 informational
meetings in the State to publicize the existence of this
recycling economic redevelopment Request for Proposals
Proposal and shall provide technical assistance to any
potential respondent desiring such assistance. Grant
recipients shall prepare and submit to the Department a one
year progress report which the Department shall summarize and
submit to the General Assembly along with recommendations on
measures that the State can undertake to stimulate
small-scale market development ventures, particularly in
economically-depressed areas.
None of the provisions of this Section shall limit or
affect other programs administered by the Department pursuant
to this Act.
(Source: P.A. 88-445; revised 10-31-98.)
Section 202. The Public Water Supply Operations Act is
amended by changing Section 1 as follows:
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
Sec. 1. (1) In order to safeguard the health and well
being of the populace, every public water supply in Illinois
shall have on its operational staff at least one natural
person certified as competent as a water supply operator
under the provisions of this Act.
Except for exempt public water supplies, all portions of
a community public water supply system shall be under the
supervision of a properly certified water supply operator.
(2) The following class requirements apply:
(a) Each community public water supply which
includes coagulation, lime softening, or sedimentation as
a part of its primary treatment shall have in its employ
at least one natural person certified as competent as a
Class A water supply operator.
(b) Each non-exempt community public water supply
which includes filtration, aeration and filtration, or
ion exchange equipment as a part of its primary treatment
shall have in its employ at least one natural person
certified as competent as a Class B or Class A water
supply operator.
(c) Each non-exempt community public water supply
which utilizes chemical feeding only shall have in its
employ at least one natural person certified as competent
as a Class C, Class B, or Class A water supply operator.
(d) Those non-exempt community public water
supplies in which the facilities are limited to pumpage,
storage, or distribution shall have in their employ at
least one natural person certified as competent as a
Class D, Class C, Class B, or Class A water supply
operator.
(3) A public water supply may satisfy the requirements
of this Section 1 of this Act by contracting the services of
a properly qualified certified operator of the required class
or higher, as specified in subsection (2) Section 1 of this
Act. A written contract to this effect must be on file with
the Agency certifying that such an agreement exists, and
delegating responsibility and authority to the contracted
party. This written agreement shall be signed by both the
certified operator to be contracted and the responsible water
supply owners and operators, shall be duly notarized, and
must be approved in writing by the Agency.
(Source: P.A. 82-393; revised 10-31-98.)
Section 203. The Wastewater Land Treatment Site
Regulation Act is amended by changing Section 3.01 as
follows:
(415 ILCS 50/3.01) (from Ch. 111 1/2, par. 583.01)
Sec. 3.01. No person may establish, operate, manage or
maintain any wastewater land treatment site or digested
sludge utilization site within any county unless a program
for that purpose is first submitted to a steering committee
of 15 members appointed as follows:
(1) 5 members appointed by the County Board of the
County within which the proposed site is located;
(2) 3 members appointed by the applicant;
(3) 2 members appointed by the President of the
University of Illinois, at least one of whom shall be a
representative of the local Agricultural Extension Service;
and.
(4) 5 members, including one appointed, 1 by the
Director or Secretary of each of the following Departments:
(a) the Environmental Protection Agency;
(b) the Department of Natural Resources;
(c) the Department of Transportation;
(d) the Department of Public Health; and
(e) the Department of Agriculture.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 204. The Illinois Pesticide Act is amended by
changing Sections 7 and 8 as follows:
(415 ILCS 60/7) (from Ch. 5, par. 807)
Sec. 7. Refusal to Register, Cancellation, Suspension.
1. The Director may refuse to register a pesticide or
cancel or suspend a pesticide registration if:
A. It does not appear that the composition of the
pesticide is such as to warrant the proposed claims, if
the pesticide does not comply with provisions of this Act
or regulations promulgated thereunder, or if the labeling
and other materials required for registration do not
comply with provisions of this Act or regulations
promulgated thereunder. The Director shall notify the
applicant of the manner in which the pesticide labeling
or other material fails to comply so as to afford the
applicant an opportunity to make necessary corrections.
The Director may refuse to register the pesticide if the
required changes are not made. The applicant may request
a hearing as provided under the Illinois Administrative
Procedure Procedures Act.
B. It is determined that a pesticide or its
labeling does not comply with provisions of this Act or
regulations promulgated thereunder or unreasonable
adverse effects on the environment would result from
continued registration, the Director may cancel the
registration or change the use classification of the
pesticide. Prior to cancellation or a change in
classification, the Director shall conduct a hearing in
accordance with provisions of the Illinois Administrative
Procedure Act.
C. It is determined that there is an imminent
hazard. The Director may, of his own accord, suspend the
registration of a pesticide and with utmost expedition
conduct a hearing in accordance with the Illinois
Administrative Procedure Procedures Act for the purposes
of determining whether to cancel the registration or
reclassify the pesticide's use.
2. Any person adversely affected by any order as
provided for in this Section may obtain judicial review by
filing in the Circuit Court, within 60 days after entry of
such order, a petition praying the order in whole or in part
be set aside. The petition shall be forthwith transmitted by
the Clerk of the Court to the Director. The Director shall
file with the court a record of the proceedings on which the
order is based. The Court shall have jurisdiction to affirm
or set aside in whole or in part such order. The findings of
the Director with respect to questions of fact shall be
sustained if supported by substantial evidence. Upon
application, the Court may remand the matter to the Director
to take further testimony if there are reasonable grounds for
failure to adduce such evidence in the prior hearing. The
Director may modify his order by reason of additional
evidence and shall file the additional record and
modification with the Clerk of the Court.
3. If the Director determines that a pesticide does not
comply with registration provisions of FIFRA or the
regulations adopted thereunder, he shall advise USEPA of the
manner in which said pesticide fails to comply and suggest
necessary correction.
(Source: P.A. 81-197; revised 10-31-98.)
(415 ILCS 60/8) (from Ch. 5, par. 808)
Sec. 8. Authority, Determinations, Rules and
Regulations, Uniformity.
1. The Director is authorized, after due notice and
opportunity for hearing, to declare and establish as a pest,
for purposes of pesticide use and application, any form of
plant or animal life, other than man himself, bacteria,
viruses, and the microorganisms on or in living man or other
living animals, which is injurious to health or the
environment, provided that the classification of plants as
pest does not violate provisions of the "Illinois Noxious
Weed Law".
2. The Director is authorized, after due notice and
public hearing as provided in the Illinois Administrative
Procedure Procedures Act, to make appropriate regulations for
enforcement and administration of the Act including, but not
limited to, regulations providing for:
A. The collection, examination, and analysis of
samples of pesticides or devices.
B. The storage, display, distribution and disposal
of pesticides or devices and their containers.
C. The methods of pesticide application which may
relate to time, place, manner, methods, material amounts,
or combinations and concentrations, in connection with
the application of the pesticide.
D. Packaging, and material coloration necessary to
protect public health and the environment from pesticides
with experimental use or special local need registration.
Such regulations must be consistent with the FIFRA rules
and regulations promulgated thereunder.
E. The storage, handling, and containment of
pesticides at agrichemical facilities and the protection
of groundwater consistent with the provisions of Section
14.6 of the Environmental Protection Act.
F. The development and implementation of an
Agrichemical Facility Response Action Program as provided
in Section 19.3.
3. For purposes of uniformity and in order to enter into
cooperative agreements, the Director may adopt use
classifications and other pertinent pesticide registration
provisions which are established by the Administrator, EPA.
4. Regulations adopted under this Act shall not permit
any pesticide use prohibited by the FIFRA or any regulations
or orders issued thereunder.
5. The Director is authorized to cooperate with such
state or federal agencies as may be reasonable and proper to
carry out the provisions of this Act.
(Source: P.A. 89-94, eff. 7-6-95; revised 10-31-98.)
Section 205. The Environmental Toxicology Act is amended
by changing Section 6 as follows:
(415 ILCS 75/6) (from Ch. 111 1/2, par. 986)
Sec. 6. At the request of a unit of local government to
which a siting approval application for a new pollution
control facility for the storage, treatment or disposal of
hazardous waste has been made, pursuant to Section 39.2 of
the Environmental Environment Protection Act, the Department
shall evaluate the public health implications of such
proposed facility.
Such request shall be made to the Department within 14
days of the filing of the application. The Department shall
transmit its evaluation to the unit of local government
within 75 days of the request. Such evaluation shall be made
available for public inspection and shall be made part of the
hearing record. If the Department fails to transmit the
evaluation prior to the last required public hearing the unit
of local government may consider that evaluation in making
its determination only upon its finding that the delay has
not resulted in material prejudice to the applicant or the
public.
(Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)
Section 206. The Recycled Newsprint Use Act is amended
by changing Section 2002 as follows:
(415 ILCS 110/2002) (from Ch. 96 1/2, par. 9752)
Sec. 2002. Definitions. As used in this Act, the terms
defined in the Sections that follow this Section and precede
Section 2003 3 shall have the meaning therein given.
(Source: P.A. 86-1443; revised 10-31-98.)
Section 207. The Alternate Fuels Act is amended by
changing Sections 10 and 25 as follows:
(415 ILCS 120/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Alternate fuel" means liquid petroleum gas, natural gas,
E85 blend fuel, fuel composed of a minimum 80% ethanol,
bio-based methanol, fuels derived from biomass, or
electricity.
"Alternate fuel vehicle" means any vehicle that is
operated in Illinois and is capable of using an alternate
fuel.
"Conventional", when used to modify the word "vehicle",
"engine", or "fuel", means gasoline or diesel or any
reformulations of those fuels.
"Covered Area" means the counties of Cook, DuPage, Kane,
Lake, McHenry, and Will and those portions of Grundy County
and Kendall County that are included in the following ZIP
code areas, as designated by the U.S. Postal Service on the
effective date of this amendatory Act of 1998: 60416, 60444,
60447, 60450, 60481, 60538, and 60543.
"Director" means the Director of the Environmental
Protection Agency.
"Domestic renewable fuel" means a fuel, produced in the
United States, composed of a minimum 80% ethanol, bio-based
methanol, and fuels derived from bio-mass.
"E85 blend fuel" means fuel that contains 85% ethanol and
15% gasoline.
"GVWR" means Gross Vehicle Weight Rating.
"Location" means (i) a parcel of real property or (ii)
multiple, contiguous parcels of real property that are
separated by private roadways, public roadways, or private or
public rights-of-way and are owned, operated, leased, or
under common control of one party.
"Original equipment manufacturer" or "OEM" means a
manufacturer of alternate fuel vehicles or a manufacturer or
remanufacturer of alternate fuel engines used in vehicles
greater than 8500 pounds GVWR.
"Rental vehicle" means any motor vehicle that is owned or
controlled primarily for the purpose of short-term leasing or
rental pursuant to a contract.
(Source: P.A. 89-410; 90-726, eff. 8-7-98; 90-797, eff.
12-15-98; revised 12-24-98.)
(415 ILCS 120/25)
Sec. 25. Ethanol fuel research program. The Department
of Commerce and Community Affairs shall administer a research
program to reduce the costs of producing ethanol fuels and
increase the viability of ethanol fuels, new ethanol engine
technologies, and ethanol refueling infrastructure. This
research shall be funded from the Alternate Fuels Fund. The
research program shall remain in effect until December 31,
2002, or until funds are no longer available.
(Source: P.A. 89-410; 90-726, eff. 8-7-98; 90-797, eff.
12-15-98; revised 12-24-98.)
Section 208. The Radiation Installation Act is amended
by changing Section 3 as follows:
(420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
Sec. 3. Exceptions to registration. The registration
requirements of this Act shall not apply to the following
materials, machines or conditions:
(a) Natural radioactive materials of an equivalent
specific radioactivity not exceeding that of natural
potassium, except when such materials are produced, stored,
used, handled or disposed in such quantity or fashion that
any person might receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection.
(b) Radioactive material in such quantity that if the
entire amount were taken internally, continuously, or at one
time by a person, no harmful effect would be likely to
result. Listings of the upper limits of quantities of
radioactive materials which are exempt from registration are
given in the following table. These limits apply only for
radioactive material not contained in sealed sources:
Upper Upper Upper
Radio- Limit Radio- Limit Radio- Limit
active Micro- active Micro- active Micro-
Material curie Material curie Material curie
210 48 200
Pb 1 V 100 Tl 100
210 59 204
Po 1 Fe 100 Tl 100
211 65 203
At 1 Zn An 100 Pb 100
226 72 234
Ra 1 Ga 100 Th 100
227 76 3
Ac 1 As 100 H 1000
233 86 7
U 1 Rb 100 Be 1000
239 89 14
Pu 1 Sr 100 C 1000
241 91 24
Am 1 Y 100 Na 1000
242 95 35
Cm 1 Nb 100 S 1000
46 96 42
Sc 10 Tc 100 K 1000
60 105 51
Co 10 Rh 100 Cr 1000
90 109 55
Sr 10 Cd 100 Fe 1000
105 111 56
Ag 10 Ag 100 Mn 1000
106 113 59
Ru 10 Sn 100 Ni 1000
129 127 64
Te 10 Te 100 Cu 1000
131 140 71
I 10 Ba 100 Ge 1000
137 140 99
Cs 10 La 100 Mo 1000
144 143 103
Ce 10 Pr 100 Pd 1000
154 151 147
Eu 10 Sm 100 Pm 1000
181 166 190
W 10 Ho 100 Ir 1000
183 170 196
Re 10 Ta 100 Au 1000
192 177 201
Ir 10 Lu 100 Tl 1000
32 182 202
P 100 Tm 100 Tl 1000
36 191
Cl 100 Pt 100 Natural U 1000
45 193
Ca 100 Pt 100 Natural Th 1000
47 198
Sc 100 Au 100
48 199
Sc 100 Au 100
(c) Radioactive materials in sealed sources in total
quantities not exceeding one millicurie for a given
installation.
(d) Timepieces, instruments, novelties or devices
containing self-luminous elements, except during the
manufacture of the self-luminous elements and the production
of said timepieces, instruments, novelties; and except when
the timepieces, instruments, novelties or devices are stored,
used, repaired, handled or disposed in such quantity or
fashion that any person might receive within a week a
radiation dose exceeding one-tenth the maximum permissible
total weekly dose for any critical organ exposed, as
determined by the standards established by the National
Committee on Radiation Protection.
(e) Electrical equipment that is primarily not intended
to produce radiation and which operates in such a manner that
no person may receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection. Provided, the production testing or production
servicing of all such electrical equipment shall not be
exempt from registration.
(f) Any radioactive material or radiation machine being
transported on vessels, aircraft, railroad cars or motor
vehicles in conformity with regulations adopted by any agency
having jurisdiction over safety during transportation.
(g) Radiation machines, radioactive materials and
radiation installations which the Department finds to be
without radiation hazard, as determined by the standards
established by the National Committee on Radiation
Protection.
(Source: P.A. 90-14, eff. 7-1-97; 90-391, eff. 8-15-97;
revised 10-28-98.)
Section 209. The Fireworks Use Act is amended by
changing Section 4 as follows:
(425 ILCS 35/4) (from Ch. 127 1/2, par. 130)
Sec. 4. Whenever any officer or employee of the Office
of the State Fire Marshal or the Department of State Police,
a Sheriff, a Deputy Sheriff, or a member of any city council
or board of trustees of any village or incorporated town or
county board has reason to believe that any violation of this
Act has occurred within the jurisdiction within which such
official is authorized to act and that the person so
violating the Act has in his possession fireworks or
combustibles, such official may file a complaint in writing,
verified by affidavit, with any circuit court within whose
jurisdiction the premises to be searched are situated,
stating the facts upon which such belief is founded, the
premises to be searched, and the property to be seized, and
procure a search warrant and execute the same. Upon the
execution of such search warrant, the person executing the
same shall make due return thereof to the court issuing the
same, together with an inventory of the property taken
thereunder. The court shall thereupon issue process against
the owner of such property if he be known, otherwise against
the party in whose possession the property so taken was
found, if known. In case of inability to serve such process
upon the owner or the person in possession of the property at
the time of its seizure, as hereinbefore provided, notice of
the proceedings before the court shall be given as required
by the statutes of the State governing cases of attachment.
Upon the return of the process duly served or upon the
posting or publishing of notice made, as hereinabove
provided, the court or jury, if a jury shall be demanded,
shall proceed to determine whether or not such property so
seized was held or possessed in violation of this Act. In
case of a finding that the fireworks or combustibles seized
were possessed in violation of this Act, judgment shall be
entered confiscating and forfeiting the property and ordering
its destruction.
(Source: P.A. 84-25; revised 10-31-98.)
Section 210. The Hotel Floor Plan Posting Act is amended
by changing Section 1 as follows:
(425 ILCS 50/1) (from Ch. 127 1/2, par. 81)
Sec. 1. The term "hotel" means any building or buildings
maintained, advertised, and held out to the public to be a
place where lodging is offered for consideration to travelers
and guests. The term includes terms include inns, motels,
tourist homes or courts and lodging houses.
(Source: P.A. 82-186; revised 10-31-98.)
Section 211. The Firearm Owners Identification Card Act
is amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the
action of an explosion, expansion of gas or escape of gas;
excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun
or B-B gun which either expels a single globular
projectile not exceeding .18 inch in diameter and which
has a maximum muzzle velocity of less than 700 feet per
second or breakable paint balls containing washable
marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission; or
(3) any device used exclusively for the firing of
stud cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Firearm ammunition" means any self-contained cartridge
or shotgun shell, by whatever name known, which is designed
to be used or adaptable to use in a firearm; excluding,
however:
(1) any ammunition exclusively designed for use
with a device used exclusively for signalling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; and or
(2) any ammunition designed exclusively for use
with a stud or rivet driver or other similar industrial
ammunition.
(Source: P.A. 86-349; 86-1265; revised 10-31-98.)
Section 212. The Release of Genetically Engineered
Organisms Act is amended by changing Section 3 as follows:
(430 ILCS 95/3) (from Ch. 111 1/2, par. 7603)
Sec. 3. Notification.
(a) Except as provided under Section 8, no person may
commence a regulated release unless the person provides to
the reviewing Department for that regulated release all of
the following information within 7 days after the person
submits or should have submitted the information specified in
paragraph (1) of this subsection (a) to a federal regulator,
whichever is sooner:
(1) A copy of all information which the person is
required to submit to the federal regulator and which is
not confidential information.
(2) A summary of any confidential information which
the person submits or is required to submit to a federal
regulator. The summary shall be sufficient to enable the
reviewing Department to prepare the comment authorized
under Section 5 and to provide information to the public
and shall have minimal extraneous and irrelevant
information.
(b) Notwithstanding subsection (a) of Section 7 (7), if
either Department receives information under this subsection,
it shall provide a copy of such information to the other
Department.
(Source: P.A. 86-306; revised 10-31-98.)
Section 213. The Agricultural Areas Conservation and
Protection Act is amended by changing Section 7 as follows:
(505 ILCS 5/7) (from Ch. 5, par. 1007)
Sec. 7. Public hearing required. The Agricultural Areas
Committee of the county board shall hold a public hearing on
any proposal for the creation of an agricultural area. Such
hearing shall be held at a place within the proposed area or
a place readily accessible to the proposed area. Notice of
the hearing shall contain a statement of the time, date and
place of the public hearing and a description of the proposed
area and any proposed additions. Such notice shall in
addition contain a statement that the public hearing will be
he held concerning the original proposal, any written
amendments proposed during the 30 day review period and any
recommendations proposed by the county committee or the
planning commissions. The notice shall be published in a
newspaper having a general circulation within the proposed
area or if no newspaper has general circulation within the
proposed area, then in a newspaper having general circulation
within the county, and shall be given in writing to the
persons owning land within such a proposed area.
(Source: P.A. 81-1173; revised 12-23-98.)
Section 214. The Beef Market Development Act is amended
by changing Section 13 as follows:
(505 ILCS 25/13) (from Ch. 5, par. 1413)
Sec. 13. With the delivery by certified mail to the
Illinois Beef Council office of, petitions from each of the 7
districts containing signatures of at least 100 beef
producers from each district, stating "Shall the Beef Market
Development Act continue", the Illinois Beef Council shall,
within 90 days, conduct a referendum to determine if a
majority of the beef producers voting in such referendum
support the continuation of the Illinois "Beef Market
Development Act". Referendums under this Section shall be
held not more than one time each 5 years.
(Source: P.A. 83-84; revised 10-31-98.)
Section 215. The Illinois Sheep and Wool Production
Development and Marketing Act is amended by changing Sections
15 and 23 as follows:
(505 ILCS 115/15) (from Ch. 5, par. 1065)
Sec. 15. Any properly qualified sheep and/or wool
production development or marketing program shall provide for
assessments against producers of the affected commodity to
defray the costs of the activities provided for in the sheep
and wool production development and marketing program.
Assessments authorized in a sheep and/or wool production
development and marketing program shall be based on the
quantity of commodity marketed and shall be equitably
assessed against all affected producers in one of two ways as
follows:;
(a) If assessments are levied against only wool, then
the total assessment levied on the commodity of any affected
producer shall be 2 cents per pound of wool produced and sold
by that producer during the first 5 years a program is in
operation.
If deemed necessary after the first 5 years a program is
in operation the rate can be increased, not to exceed 1/2
cent per pound per every 2 years by a vote of a 5/7 majority
of the entire sheep and wool production development and
marketing board, however the assessment rate cannot exceed 5
cents per pound. In subsequent years, the sheep and wool
production development and marketing board can request the
Director to hold a producer referendum to increase above and
beyond the maximum assessment rate of 5 cents per pound of
wool allowed under the provisions of this Act. Providing
that a majority of those producers voting, vote in favor, the
sheep and wool production development and marketing board can
then increase the rate.
(b) If assessments are levied against both sheep and
wool, then the total assessment levied on both commodities of
any affected producer shall be one cent per pound of wool
produced and sold by that producer and 10 cents per head of
sheep produced and sold by that producer during the first 5
years a program is in operation.
If deemed necessary after the first 5 years a program is
in operation, the rate can be increased, not to exceed 1/4
cent per pound of wool per every 2 years and not to exceed
2 1/2 cents per head of sheep per every 2 years, by a vote of
5/7 majority of the entire sheep and wool production
development and marketing board, however the assessment rate
cannot exceed 2 1/2 cents per pound of wool and cannot exceed
25 cents per head of sheep. In subsequent years, the sheep
and wool production development and marketing board can
request the Director to hold a producer referendum to
increase above and beyond the maximum assessment rates of
2 1/2 cents per pound of wool and 25 cents per head of sheep
allowed under the provisions of the Act. Providing that a
majority of those producers voting, vote in favor, the sheep
and wool production development and marketing board can then
increase the rate.
Upon approval of a sheep and wool production development
and marketing program by a majority of those voting in a
referendum and pursuant to the provisions of this Act and of
the approved program, the first purchasers of sheep and/or
wool shall withhold and remit such assessments to the sheep
and wool production development and marketing board. From
the time withheld, such assessments shall be the property of
said board and shall be held in trust by the first purchaser
until the assessment is remitted to the Board. Such
assessments shall not be subject to levy or execution by any
creditor of the first purchaser. The sheep and wool
production development and marketing board shall have the
power to cause any duly authorized agent or representative to
enter upon the premises of any purchaser of sheep and wool
and examine or cause to be examined by such agent only books,
papers and records which deal in any way with respect to the
payment of the assessment or enforcement of this Act.
(Source: P.A. 82-100; revised 10-31-98.)
(505 ILCS 115/23) (from Ch. 5, par. 1073)
Sec. 23. This Act shall not be subject to Section 5-35
of the Illinois Administrative Procedure Act.
(Source: P.A. 88-45; revised 10-31-98.)
Section 216. The Soybean Marketing Act is amended by
changing Section 15 as follows:
(505 ILCS 130/15) (from Ch. 5, par. 565)
Sec. 15. (1) For any marketing program approved by
referendum under this Act the Director shall:
(a) take steps to insure that adequate and proper
records are kept and that an annual audit summary is
available to all program participants;
(b) take steps to insure that adequate bonds are
maintained;
(c) coordinate administrative activities between
the program operating board and the Department; and
(d) confer and cooperate with the legally
constituted authorities of other states and the United
States.
(2) (e) Following approval of any marketing program or
amendment, the Director shall file the program or amendment
with the Secretary of State as provided in Section 5-65 of
the Illinois Administrative Procedure Act. Such program or
amendment shall be included in the rules of the Department
required by Section 5-15 of the Illinois Administrative
Procedure Act.
(Source: P.A. 88-45; revised 10-31-98.)
Section 217. The Bees and Apiaries Act is amended by
changing Section 2c as follows:
(510 ILCS 20/2c) (from Ch. 8, par. 124c)
Sec. 2c. Upon a finding that there exist exists in this
State, or in any other state, territory, district, province
or country bee diseases, bee parasites, or exotic strains of
bees, the Director may impose and enforce a quarantine
restricting the transportation of bees, colonies, or items of
used bee equipment capable of carrying bee diseases, bee
parasites or exotic strains of bees into, within or
throughout the State. In carrying out the provisions of
this Section or any quarantine, the Director may, at the
expense of the owner, when an infestation, infection or
nuisance is located, seize or abate bees, colonies, or items
of used bee equipment.
When the Director finds that there exist exists in any
other state, territory, district, province or country bee
diseases, bee parasites or exotic strains of bees, with
respect to which the United States Secretary of Agriculture
has not established a quarantine, and that the bee diseases,
bee parasites or exotic strains of bees coming therefrom into
this State are likely to convey such diseases, infestations
or nuisances, the Director shall report such fact to the
Governor. The Governor may thereupon, by proclamation,
prohibit the transportation into this State of such bees,
colonies, or items of used bee equipment except under such
regulations as may be prescribed by the Department.
(Source: P.A. 88-138; revised 10-31-98.)
Section 218. The Humane Care for Animals Act is amended
by changing Sections 4.04 and 16 as follows:
(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
Sec. 4.04. Injuring Injury or killing police animals
prohibited. It shall be unlawful for any person to willfully
or maliciously torture, mutilate, injure, disable, poison, or
kill any animal used by a law enforcement department or
agency in the performance of the functions or duties of the
such department or agency or when placed in confinement off
duty. However, a police officer or veterinarian may perform
euthanasia in emergency situations when delay would cause the
animal undue suffering and pain.
(Source: P.A. 90-80, eff. 7-10-97; revised 10-31-98.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01,
or 6 of this Act or any rule, regulation, or order of the
Department pursuant thereto, is guilty of a Class C
misdemeanor.
(b)(1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class B misdemeanor.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively
where the only animals involved in the violation are
dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000.
(3) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of Class A misdemeanor, if such person knew or
should have known that the device or equipment under
subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, the penalty shall be same as that provided for in
paragraph (4) of subsection (b).
(4) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(5) A second or subsequent violation of subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
a Class 3 felony. A second or subsequent violation of
subsection (d), (e) or (f) of Section 4.01 of this Act or
any rule, regulation or order of the Department adopted
pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section or the site, structure or facility under
subsection (f) of that Section was to be used to carry
out a violation where the only animals involved were
dogs. Where such person did not know or should not
reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of
subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class C misdemeanor. A second
conviction for a violation of Section 3.01 is a Class B
misdemeanor. A third or subsequent conviction for a
violation of Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03
is guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the animal is
not killed or totally disabled, but if the animal is
killed or totally disabled such person shall be guilty of
a Class 4 felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class B misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other
provision of this Act, or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class
C misdemeanor with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class A misdemeanor.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
Section 219. The Fish and Aquatic Life Code is amended
by changing Section 10-15 as follows:
(515 ILCS 5/10-15) (from Ch. 56, par. 10-15)
Sec. 10-15. Method of taking certain fish. Muskellunge,
northern pike, pickerels, walleye, sauger, largemouth bass,
smallmouth bass, spotted bass, warmouth, rock bass, white
bass, yellow bass, striped bass (ocean rockfish), sunfish,
bluegill, crappie, trout, salmon, and their hybrids shall be
taken only by properly licensed individuals and only with
sport fishing devices as provided in Section 10-95 10.95.
(Source: P.A. 89-66, eff. 1-1-96; revised 10-31-98.)
Section 220. The Wildlife Code is amended by changing
Sections 1.4, 2.18-1, and 2.24 as follows:
(520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
Sec. 1.4. The Department is authorized to make rules and
regulations for carrying out, administering and enforcing the
provisions of this Act. These rules and regulations shall be
called and hereinafter referred to as administrative rules.
Each rule shall be promulgated in accordance with the
Illinois Administrative Procedure Procedures Act as amended.
A copy of any such rule, under the seal of the Department
and certified by the Director thereof shall be received in
evidence in all courts of this State with the same effect as
the original.
Such rules, after becoming effective, shall be enforced
in the same manner as are any other provisions of this Act
and violators thereof are subject to the penalties set out in
Section 3.5 of this Act.
(Source: P.A. 85-152; revised 10-31-98.)
(520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
Sec. 2.18-1. (a) It shall be lawful for any person who
holds the licenses, permits and stamps required by this Act
for the taking of migratory waterfowl to use, in addition to
or in lieu of any other authorized ammunition, either lead or
steel shotgun pellets in taking such waterfowl at any
location in the State where the hunting of migratory
waterfowl is authorized, except as provided under subsection
(b) of this Section and at specific sites where there are
documented cases of lead poisoning of waterfowl and all
alternative methods of alleviating lead poisoning (such as
dewatering, flooding and/or tillage) have been determined to
be unsuccessful in preventing lead poisoning losses of
waterfowl. At such specific sites, shot shell ammunition
containing non-toxic pellets, such as steel, shall be used.
These specific sites may be designated by the Department
after statewide public hearings have been conducted and the
results of such hearings have been reviewed.
(b) The Department shall be authorized to designate, by
rule, pursuant to the Illinois Administrative Procedure Act,
areas that shall be limited to the use of non-toxic pellets;
provided, however, that such authorization shall only exist
for those areas which the federal government has mandated
shall be closed to all waterfowl hunting unless the State
agrees to the prohibition of the use of toxic shotgun
pellets.
No State agency shall issue or make any rule, regulation,
order or agreement which is in conflict with this Section.
(Source: P.A. 85-127; revised 10-31-98.)
(520 ILCS 5/2.24) (from Ch. 61, par. 2.24)
Sec. 2.24. It shall be unlawful to take or possess deer
in this State, except in compliance with the provisions of
Sections Section 2.25, 2.26, and 3.23 and the administrative
rules issued under the provisions of those such Sections. It
is unlawful for any person to knowingly take any all-white
all white whitetail deer (Odocoileus virginianus) in this
State at any time.
(Source: P.A. 85-152; revised 10-31-98.)
Section 221. The Illinois Endangered Species Protection
Act is amended by changing Section 3 as follows:
(520 ILCS 10/3) (from Ch. 8, par. 333)
Sec. 3. It is unlawful for any person:
(1) to possess, take, transport, sell, offer for
sale, give or otherwise dispose of any animal or the
product thereof of any animal species which occurs on the
Illinois List;, or
(2) to deliver, receive, carry, transport or ship
in interstate or foreign commerce plants listed as
endangered by the federal government without a permit
therefor issued by the Department as provided in Section
4 of this Act; and
(3) to take plants on the Illinois List without the
express expressed written permission of the landowner; or
(4) to sell or offer for sale plants or plant
products of endangered species on the Illinois List.
(Source: P.A. 84-1065; revised 10-31-98.)
Section 222. The Cave Protection Act is amended by
changing Section 6 as follows:
(525 ILCS 5/6) (from Ch. 96 1/2, par. 9506)
Sec. 6. It shall be unlawful for any person, without the
express expressed written permission of the land owner, to:
(a) Willfully or knowingly break, break off, crack,
carve upon, write, burn, mark upon, remove, or in any manner
destroy, disturb, deface, mar, or harm the surfaces of any
cave or any natural material which may be found therein,
whether attached or broken, including speleothems, speleogens
and sedimentary deposits.
(b) Break, force, tamper with, or otherwise disturb a
lock, gate, door or other obstruction designed to control or
prevent access to any cave, even though entrance thereto may
not be gained.
(c) Remove, deface or tamper with a sign stating that a
cave is posted or citing provisions of this Act.
(d) Store, dump, litter, dispose of or otherwise place
any refuse, garbage, dead animal, sewage, or toxic substance
harmful to cave life or humans in any cave or sinkhole.
(e) Burn within any cave or sinkhole any material which
produces any smoke or gas which is harmful to any organism in
any cave. This Section shall specifically exempt acetylene
gas emissions created by carbide lamps used as a source of
light by persons using the cave.
(f) Kill, injure, disturb or otherwise interfere with
any cave life, including any cave roosting bat, or interfere
with or obstruct the free movement of any cave resource into
or out of any cave, or enter any cave with the intention of
killing, injuring, disturbing or interfering with life forms
therein.
(g) Remove any natural or cultural resources found
within any cave.
(Source: P.A. 84-140; revised 10-31-98.)
Section 223. The State Forest Act is amended by changing
Section 6 as follows:
(525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
Sec. 6. The Department shall have the authority to take
all measures necessary to secure plants and plant materials
from private sources and to establish and operate nurseries
to produce and distribute plants and plant materials. The
Department shall develop and implement a program of securing
plants and plant materials from private sources. The
Department shall utilize the most modern methods and
techniques to operate its nursery facilities.
The plants and plant materials secured or produced shall
be used exclusively for conservation purposes, such as for
wildlife habitat, erosion control, energy conservation,
natural community restoration, general reforestation,
research, commemorative plantings, and educational programs
such as Arbor Day. Plants and plant materials distributed by
the State shall not be used for ornamental, landscaping or
shade tree purposes. Plants and plant materials secured or
produced and distributed by the State nurseries are to be
protected against abuses, such as may occur in the event of
livestock grazing or wildfire.
The Department may cooperate with any person or group
desirous of establishing plants or plant materials for
conservation plantings by (a) furnishing trees, shrubs, seeds
or other materials where deemed necessary or desirable, or
(b) providing labor, equipment and technical supervision to
plan and implement the conservation plantings, or both.
Plants and plant materials may be provided, upon approval
of a written management plan, without charge to individual
landowners, State agencies and institutions, local
governments, civic groups and others for conservation
plantings.
Plants and plant materials may be provided without charge
to government agencies and institutions, organized groups or
individuals for special conservation plantings, research
plantings, educational purposes and commemorative plantings.
Plants and plant materials may be made available to the
general public, mining companies, other industries and
agencies of the federal government but shall be sold at a
price approximately equal to the cost of acquisition or
production and distribution.
Products such as Christmas trees, roundwood and other
materials derived from State distributed plants or plant
materials may be utilized, sold or removed, except that no
such plants shall be resold, bartered or given away and
removed alive with the roots attached.
The Department may effect exchanges, purchases or sales
involving plants and plant materials with other states or
with agencies of the federal government.
The Department shall have the authority to make such
rules and regulations pursuant to the Illinois Administrative
Procedure Procedures Act as it deems necessary for carrying
out, administering and enforcing the provisions of this Act.
(Source: P.A. 85-150; revised 10-31-98.)
Section 224. The Water Use Act of 1983 is amended by
changing Section 5.1 as follows:
(525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
Sec. 5.1. Groundwater Emergency Restrictions.
(a) Each District within any county in Illinois through
which the Iroquois River flows, and each District within any
county in Illinois with a population in excess of 100,000
through which the Mackinaw River flows, is authorized to
recommend to the Department of Agriculture restrictions on
groundwater withdrawal as provided by this Section.
A land occupier or person who possesses land which
contains a point of withdrawal that is capable of producing
more than 100,000 gallons of water on any day shall register
that point of withdrawal with the District and shall furnish
such reasonable data in such form as may be required by the
District.
(b) The District, with the assistance and approval of
the Department of Agriculture, shall issue recommended
guidelines for the construction of points of withdrawal and
the type and setting of pumps for use in those points of
withdrawal. Copies of the guidelines shall be made available
from the District upon request.
(c) Within 2 working days after receiving a written
complaint from a land occupier or a person whose point of
withdrawal has failed to furnish its normal supply of water,
the District shall schedule an on-site investigation. If the
investigation discloses (1) that the point of withdrawal
fails to furnish its normal supply of water, (2) that the
failure is caused by a substantial lowering of the level of
groundwater in the area, and (3) that the point of withdrawal
and its equipment conform to the recommended guidelines of
the District issued under subsection (b), the District may
recommend to the Department of Agriculture that the
Department restrict the quantity of water that a person may
extract from any point of withdrawal within the District's
boundaries which is capable of producing more than 100,000
gallons on any day. The restriction shall be expressed in
gallons of water, may apply to one or more points of
withdrawal within the District, and may be broadened or
narrowed as appropriate. The restrictions shall be lifted as
soon as justified by changed conditions.
(d) When a District determines that restriction of the
withdrawal of water at a particular point within the District
is necessary to preserve an adequate water supply for all
residents in the District, the District may recommend to the
Department of Agriculture that the Department restrict the
quantity of water that may be extracted from any point of
withdrawal within the District which is capable of producing
more than 100,000 gallons of water on any day. The
Department shall review the District's recommendation and if
it agrees with such recommendation shall restrict the
withdrawal of water within the District in accordance with
subsection (c) and shall notify each land occupier or person
who possesses land which contains a registered point of
withdrawal affected by the restriction.
If the Department disagrees with the District's
recommendation, it shall notify the District, the land
occupier or the person who possesses land which contains a
registered point of withdrawal affected by the recommendation
and the complainant, giving the reason for the failure to
affirm the recommendation. The Department may propose an
alternate recommendation.
If the District, the respondent or the complainant
disagrees with the decision of the Department, such person
may request an administrative hearing to be conducted by the
Department in accordance with the Illinois Administrative
Procedure Act to show cause concerning its decision.
Final decisions of the Department pursuant to this
Section may be appealed in accordance with the Administrative
Review Law.
(e) The Department is authorized to promulgate rules and
regulations, including emergency rules, for the
implementation of this amendatory Act of 1987. The Department
may set the general policy for the Districts to follow in the
administration of this Act.
(Source: P.A. 85-1330; revised 10-31-98.)
Section 225. The Illinois Highway Code is amended by
changing Sections 4-508, 4-510, 6-315a, and 6-513 as follows:
(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraphs (c) and
(d) of this Section, and subject to the written approval of
the Governor, the Department may dispose of, by public sale,
at auction or by sealed bids, any land, rights or other
properties, real or personal, acquired for but no longer
needed for highway purposes or remanents acquired under the
provisions of Section 4-501, provided that no such sale may
be made for less than the fair appraised value of such land,
rights, or property.
(b) Except as provided in paragraphs (c) and (d) of this
Section, and subject to the written approval of the Governor,
the Department may exchange any land, rights or property no
longer needed for highway purposes, or remanents, acquired
under the provisions of Section 4-501 of this Code for
equivalent interests in land, rights or property needed for
highway purposes. Where such interests are not of equivalent
value cash may be paid or received for the difference in
value.
(c) If at the time any property previously determined by
the Department to be needed for highway purposes is declared
no longer needed for such purposes, and the person from whom
such property was acquired still owns and has continuously
owned land abutting such property since the acquisition by
the Department, the Department before making any disposition
of that property shall first offer in writing that property
to the person from whom such property was acquired at the
current appraised value of the property. If the offer is
accepted in writing within 60 days of the date of the written
offer, the Department, subject to the written approval of the
Governor, is authorized to dispose of such property to the
person from whom such property was acquired upon payment of
the appraised value. If the offer is not accepted in writing
within 60 days of the date of the written offer, all rights
under this paragraph shall terminate.
(d) If the Department enters into or currently has a
written contract with another highway authority for the
transfer of jurisdiction of any highway or portion thereof,
the Department is authorized to convey, without compensation,
any land, dedications, easements, access rights, or any
interest in the real estate that it holds to that specific
highway or portion thereof to the highway authority that is
accepting or has accepted jurisdiction. However, no part of
the transferred property can be vacated or disposed of
without the approval of the Department, which may require
compensation for non-public use.
(e) (d) Except as provided in paragraph (c) of this
Section, if the Department obtains or obtained fee simple
title to, or any lesser interest, in any land, right, or
other property and must comply with subdivision (f)(3) of
Section 6 of Title I of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460 l-8(f)(3)), the Historic Bridge
Program established under Title 23, United States Code,
Section 144, subsection (o) (23 U.S.C. 144(o)), the National
Historic Preservation Act (16 U.S.C. Sec. 470), the
Interagency Wetland Policy Act of 1989, or the Illinois State
Agency Historic Resources Preservation Act, the Department,
subject to the written approval of the Governor and
concurrence of the grantee, is authorized to convey the title
or interest in the land, right, or other property to another
governmental agency, or a not-for-profit organization that
will use the property for purposes consistent with the
appropriate law.
The Department may retain rights to protect the public
interest.
(Source: P.A. 90-573, eff. 2-6-98; 90-755, eff. 1-1-99;
revised 8-31-98.)
(605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
Sec. 4-510. The Department may establish presently the
approximate locations and widths of rights of way for future
additions to the State highway system to inform the public
and prevent costly and conflicting development of the land
involved.
The Department shall hold a public hearing whenever
approximate locations and widths of rights of way for future
highway additions are to be established. The hearing shall be
held in or near the county or counties where the land to be
used is located and notice of the hearing shall be published
in a newspaper or newspapers of general circulation in the
county or counties involved. Any interested person or his
representative may be heard. The Department shall evaluate
the testimony given at the hearing.
The Department shall make a survey and prepare a map
showing the location and approximate widths of the rights of
way needed need for future additions to the highway system.
The map shall show existing highways in the area involved and
the property lines and owners of record of all land that will
be needed for the future additions and all other pertinent
information. Approval of the map with any changes resulting
from the hearing shall be indicated in the record of the
hearing and a notice of the approval and a copy of the map
shall be filed in the office of the recorder for all counties
in which the land needed for future additions is located.
Public notice of the approval and filing shall be given
in newspapers of general circulation in all counties where
the land is located and shall be served by registered mail
within 60 days thereafter on all owners of record of the land
needed for future additions.
The Department may approve changes in the map from time
to time. The changes shall be filed and notice given in the
manner provided for an original map.
After the map is filed and notice thereof given to the
owners of record of the land needed for future additions, no
one shall incur development costs or place improvements in,
upon or under the land involved nor rebuild, alter or add to
any existing structure without first giving 60 days notice by
registered mail to the Department. This prohibition shall not
apply to any normal or emergency repairs to existing
structures. The Department shall have 45 days after receipt
of that notice to inform the owner of the Department's
intention to acquire the land involved; after which, it shall
have the additional time of 120 days to acquire such land by
purchase or to initiate action to acquire said land through
the exercise of the right of eminent domain. When the right
of way is acquired by the State no damages shall be allowed
for any construction, alteration or addition in violation of
this Section unless the Department has failed to acquire the
land by purchase or has abandoned an eminent domain
proceeding initiated pursuant to the provisions of this
paragraph.
Any right of way needed for additions to the highway
system may be acquired at any time by the State or by the
county or municipality in which it is located. The time of
determination of the value of the property to be taken under
this Section for additions to the highway system shall be the
date of the actual taking, if the property is acquired by
purchase, or the date of the filing of a complaint for
condemnation, if the property is acquired through the
exercise of the right of eminent domain, rather than the date
when the map of the proposed right-of-way was filed of
record. The rate of compensation to be paid for farm land
acquired hereunder by the exercise of the right of eminent
domain shall be in accordance with Section 4-501 of this
Code.
(Source: P.A. 83-358; revised 10-31-98.)
(605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
Sec. 6-315a. Any 3 persons who, at a hearing conducted
by the county superintendent of highways pursuant to Section
6-306, 6-311 or 6-312 of this Act, have been permitted to
appear, in person or by counsel, and to introduce evidence
and cross examine witnesses, may (if they are qualified
petitioners, or have raised objections at a hearing pursuant
to Section 6-311 or 6-312 of this Act and will be directly
and adversely affected by such proposed alteration or
vacation) obtain judicial review of such final administrative
decision of the superintendent (meaning his final order
denying the petition after a hearing pursuant to Section
6-306, or granting or denying the petition after a hearing
pursuant to Section 6-311 or 6-312, to be filed in the office
of the district clerk after the hearing) pursuant to the
Administrative Review Law, and all amendments and
modifications thereof, and any rules adopted pursuant
thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. Such judicial
review proceeding shall be given precedence over all other
civil cases, except cases arising under the "Workers'
Compensation Act" and "the Unemployment Insurance
Compensation Act".
(Source: P.A. 82-783; revised 10-31-98.)
(605 ILCS 5/6-513) (from Ch. 121, par. 6-513)
Sec. 6-513. The county board, in any county having the
commission form of government in which a county unit road
district is established, may issue bonds of the county in an
amount not exceeding 2.875% of the value, as equalized and
assessed by the Department of Revenue, of the property in
such county or, until January 1, 1983, if greater, the sum
that is produced by multiplying the county's 1978 equalized
assessed valuation by the debt limitation percentage in
effect on January 1, 1979, for the purpose of constructing
county unit district roads. However, the question of issuing
such county bonds shall first be submitted to the legal
voters of such county at an election. The county board shall
adopt a resolution to submit the question of issuing such
bonds to a vote, specifying therein the particular roads or
bridges to be constructed, the type of construction to be
made on each section of such roads or on such bridges, the
proposed widths of the roadway, together with an estimate of
the cost of such construction. The county board shall
certify the resolution to the proper election officials, who
shall submit at an election such proposition in accordance
with the general election law. Notice of the referendum shall
be given and the referendum shall be held in accordance with
the general election law of the State. The proposition shall
be in substantially the following form:
-------------------------------------------------------------
Shall county bonds for county YES
unit district roads be issued to the ------------------------
amount of $....? NO
-------------------------------------------------------------
If a majority of the voters voting on such question vote
in favor of the proposition, the county board may at once
issue the bonds and take the necessary steps to construct the
roads provided for. Such bonds shall be issued to mature
within 20 years from the date of issue, shall be upon such
terms and conditions and shall bear such rate of interest not
in excess of the amount permitted pursuant to "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May
26, 1970, as amended, as shall be fixed by the county board.
Such bonds shall be sold upon competitive bids; and the
county board may, if it is of the opinion that the bids are
unsatisfactory, reject the same and re-advertise and solicit
other bids. At the time or before issuing any such bonds, the
county board shall adopt a resolution fixing the details of
such bonds and providing for the levy of a direct annual tax
to pay the principal and interest on such bonds as the same
become due. A register of all bonds so issued shall be kept
in the office of the county clerk, and it shall be the duty
of the county clerk to annually extend a tax upon all the
taxable property of the county sufficient to pay the interest
and principal on such bonds, as the same shall become due.
Such tax shall not be subject to any limitation as to rate or
amount. However, if it has been certified to the county clerk
that funds from other sources have been allocated and set
aside for the purpose of paying the principal or interest, or
both, of such bonds, the county clerk shall, in extending the
tax and fixing the rate of tax under this Section make proper
allowance and reduction in such extension of tax and tax rate
to the extent of the funds so certified to be available for
the payment of such principal or interest, or both.
(Source: P.A. 84-1325; revised 10-31-98.)
Section 226. The Rivers, Lakes, and Streams Act is
amended by changing Section 13 as follows:
(615 ILCS 5/13) (from Ch. 19, par. 60)
Sec. 13. The Department of Natural Resources shall make a
careful investigation of every body of water, both river and
lake, in the State, and ascertain to what extent, if at all,
the same have been encroached upon by private interests or
individuals, and wherever it believes that the same have been
encroached upon, the Department shall commence appropriate
action either to recover full compensation for such wrongful
encroachment, or to recover the use of the same, or of any
lands improperly or unlawfully made in connection with any
public river or lake for the use of the People of the State.
The right and authority hereby given and created shall not be
held to be exclusive, or to take from the Attorney General
attorney-general or any other law officer of the State, the
right to commence suit or action.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 227. The Navigable Waters Obstruction Act is
amended by changing Section 4 as follows:
(615 ILCS 20/4) (from Ch. 19, par. 47d)
Sec. 4. If any vessel, boat, water craft, or raft, or
other similar obstruction, is sinking or grounding, or being
unnecessarily delayed in any public or navigable waters
mentioned in this Act, in such a manner as to stop, seriously
interfere with, or specially endanger navigation, in the
opinion of the Director of Natural Resources, or any duly
authorized agent of the Department, the Department, or any
such agent, shall have the right to take immediate possession
of such boat, vessel, or other water craft, or raft, so far
as to remove or to destroy it and to clear immediately such
public or navigable waters of the obstruction thereby caused,
using his best judgment to prevent any unnecessary injury.
It is unlawful for anyone any one to prevent such removal or
destruction. The Department or agent thereof charged with
the removal or destruction of an obstruction under this
Section may, in his discretion, give notice in writing to the
owners of any such obstruction requiring them to remove it.
The expense of removing any such obstruction as aforesaid
shall be a charge against such craft and cargo and if the
owners thereof fail or refuse to reimburse the State for such
expense within 30 thirty (30) days after notification, then
the officer or agent aforesaid may sell the craft or cargo,
or any part thereof that may not have been destroyed in
removal, at public auction, and the proceeds of such sale
shall be deposited with the State Treasurer. If the proceeds
of any such sale is not sufficient in amount to reimburse the
State for such expense, the State of Illinois, acting by and
through its Department of Natural Resources, may, by civil
action, obtain judgment against the owners of such craft,
cargo, or both for the difference between the proceeds of
such sale and the actual expense incurred by the State of
Illinois, acting by and through its Department of Natural
Resources, in connection with such removal.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 228. The Illinois Aeronautics Act is amended by
changing Section 15 as follows:
(620 ILCS 5/15) (from Ch. 15 1/2, par. 22.15)
Sec. 15. "Aeronautics instructor" means any individual
engaged in giving instruction, or offering to give
instruction, in aeronautics, either in flying or ground
subjects, or both, for hire or reward, without advertising
such occupation, without calling his facilities an in "air
school" or anything equivalent thereto, and without employing
or using other instructors. It does not include any
instructor in any public school or university of this State,
or any institution of higher learning duly accredited and
approved for carrying on collegiate work, while engaged in
his duties as such instructor.
(Source: Laws 1945, p. 335; revised 10-31-98.)
Section 229. The Military Emergency Aircraft Restriction
Act is amended by changing Section 5 as follows:
(620 ILCS 10/5) (from Ch. 15 1/2, par. 183)
Sec. 5. Notice of the existence of a state of military
emergency and of currently prevailing air traffic control
requirements issued to the Department and to civil and
military aviation facilities of this State over the Federal
Interstate Airways Communications System and the State
emergency fan-out system components of the Civil Air Defense
Warning Net is sufficient to authorize the Department to
control non-scheduled civil aircraft movement as provided in
this Act.
The Department may utilize, to the extent of capacity,
the radio network system of the State Police, county
sheriffs' sheriffs offices and municipal police departments
in order to assure a reliable and adequate State fan-out
communications system required for rapid dissemination of
notices to airmen and civil aviation authorities respecting
such aircraft movement control as may be required on the part
of the Department and airport operators and managers during
the existence of a state of military emergency.
(Source: P.A. 77-579; revised 10-31-98.)
Section 230. The Aircraft Landing and Taking Off
Restriction Act is amended by changing Section 3 as follows:
(620 ILCS 15/3) (from Ch. 15 1/2, par. 189)
Sec. 3. Except as otherwise provided in Section 5 of this
Act, every individual charged with the responsibility of
grounding aircraft shall have the power to control the
movement of aircraft upon the ground or surface of a public
airport and forbid the taking off of aircraft from or landing
at such public airport to any person or persons whenever
there is reason to believe that such movement or flight will
endanger the public safety, health, welfare or common defense
due to the existence of any one or more of the following
conditions:.
(a) meteorological conditions,
(b) condition or qualification of the pilot or any
other person or persons involved in the operation of the
aircraft,
(c) condition of the aircraft, the use for which it
is to be flown, and the manner in which it is loaded,
(d) condition of the airport and its facilities,
(e) aerial traffic and obstructions to flying, or
(f) a military emergency affecting flight of
aircraft or use of the airport.
(Source: Laws 1959, p. 2104; revised 10-31-98.)
Section 231. The Illinois Vehicle Code is amended by
changing Sections 1-121, 1-211.01, 2-123, 3-100, 3-112.1,
3-602, 3-816, 4-304, 5-102.1, 6-110, 6-118, 6-204, 6-205,
6-208, 6-208.1, 6-301.3, 6-517, 6-520, 7-402, 10-301, 11-306,
11-501, 11-501.1, 11-501.6, 11-501.8, 12-215, 15-302, 16-104,
18a-501, 18c-1102, 18c-1205, 18c-1705, 18c-2402, 18c-4701,
and 18c-6102 and by setting forth and renumbering multiple
versions of Section 3-643 as follows:
(625 ILCS 5/1-121) (from Ch. 95 1/2, par. 1-121)
Sec. 1-121. Flammable liquid. Any liquid which has a
flash point of 70 degrees Fahrenheit F., or less, as
determined by a tagliabue or equivalent closed-cup test
device.
(Source: P.A. 76-1586; revised 10-31-98.)
(625 ILCS 5/1-211.01) (from Ch. 95 1/2, par. 1-211.01)
Sec. 1-211.01. Truck camper. A truck, not used
commercially, when equipped with a portable unit designed to
be loaded onto the bed which is constructed construed to
provide temporary living quarters for recreational, travel,
or camping use.
(Source: P.A. 81-969; revised 10-31-98.)
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, public libraries and all other governmental
units of the State and Federal Government requesting them for
governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing
such services and the use of the equipment involved, and in
addition is empowered to establish prices and charges for the
services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, or printout at a fixed fee of $200 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $20 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased at the fee of
$400 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $400 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the
Secretary of State that includes disclosure of the commercial
use of the intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) Title or registration search and certification
thereof - Fee. The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $4 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $4 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other business
entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant, or other entities as
the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $5, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver, or other
entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $5, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
4 of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except to: (1) to
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and
if the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of
Transportation, or any other State, pursuant to the
administration and enforcement of the Commercial Motor
Vehicle Safety Act of 1986, (4) pursuant to the order of a
court of competent jurisdiction, or (5) to the Department of
Public Aid for utilization in the child support enforcement
duties assigned to that Department under provisions of the
Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the
Secretary in accordance with the federal Privacy Act;
provided, the redisclosure shall not be authorized by the
Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $5 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's
license, vehicle, or title registration information may be
furnished without charge or at a reduced charge, as
determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public
interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public and is not
for the principal purpose of gaining a personal or commercial
benefit.
(Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
7-30-98; revised 1-30-99.)
(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definition Definitions. For the purposes of
this Chapter, "owner" means the following words shall have
the meanings ascribed to them as follows: Owner. a person who
holds legal document of ownership of a vehicle, limited to a
certificate of origin, certificate of title, salvage
certificate, or junking certificate. However, Or in the event
a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and
with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of
such vehicle is entitled to possession, then such conditional
vendee or lessee or mortgagor shall be deemed the owner for
the purpose of this Chapter, except as provided under
paragraph (c) of (b) Section 3-118.
(Source: P.A. 83-831; revised 10-31-98.)
(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. (a) All titles issued by the Secretary of
State beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer
reading is and reflects the actual mileage of the vehicle
unless one of the following statements is checked.
...................
( ) 1. The mileage stated is in excess of its
mechanical limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains
the odometer certification as described in paragraph (a)
above, each transferor of a motor vehicle must supply on the
title form the following information:
(1) The odometer reading at the time of transfer
and an indication if the mileage is in excess of its
mechanical limits or if it is not the actual mileage;
(2) The date of transfer;
(3) The transferor's printed name and signature;
and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form
indicating that he or she is aware of the odometer
certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to
acknowledge such disclosure under the following
circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating
of more than 16,000 pounds;
(2) A vehicle that is not self-propelled;
(3) A vehicle that is 10 years old or older;
(4) A vehicle sold directly by the manufacturer to
any agency of the United States; and
(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such
transferor acknowledges that he or she is aware that Federal
regulations and State law require him or her to state the
odometer mileage upon transfer of ownership. An inaccurate
or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee
pursuant to the federal Motor Vehicle Information and Cost
Act of 1972, P.L. 92-513 as amended by P.L. 94-364. No
transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an
odometer reading that has been altered or tampered with by a
previous owner, unless that transferor knew or had reason to
know of such alteration or tampering and sold such vehicle
with an intent to defraud. A cause of action is hereby
created by which any person who, with intent to defraud,
violates any requirement imposed under this Section shall be
liable in an amount equal to the sum of:
(1) three times the amount of actual damages
sustained or $1,500, whichever is the greater; and
(2) in the case of any successful action to enforce
the foregoing liability, the costs of the action together
with reasonable attorney fees as determined by the court.
Any recovery based on a cause of action under this
Section shall be offset by any recovery made pursuant to the
federal Motor Vehicle Information and Cost Act of 1972.
(f) The provisions of this Section shall not apply to
any motorcycle, motor driven cycle, moped or antique vehicle.
(g) The Secretary of State, may adopt rules and
regulations providing for a transition period for all
non-conforming titles.
(Source: P.A. 88-415; revised 10-31-98.)
(625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
Sec. 3-602. Certificate and special plates for dealers,
manufacturers, and transporters.
(a) Any dealer, manufacturer, or transporter may make
application to the Secretary of State upon the appropriate
form for a certificate containing a general distinguishing
number and for one or more sets of special plates as
appropriate to various types of vehicles subject to
registration hereunder. The applicant shall submit such proof
of his or her status as a bona fide dealer, manufacturer, or
transporter as may be reasonably required by the Secretary of
State.
(b) The Secretary of State, upon granting any such
application, shall issue to the applicant a certificate
containing the applicant's name and address and special
plates as applied for. Both the certificates and special
plates shall display the general distinguishing number
assigned to the applicant.
(c) The Secretary of State shall issue special plates to
dealers and manufacturers in accordance with the following
formula:
number vehicles maximum number sets maximum number
sold in previous of special plates additional sets
calendar year issued at fee set issued at fee
by Sec. 3-810 set by Sec. 3-806
0 0 0
1-10 1 1
11-25 2 2
26-100 8 8
101-250 12 12
251-500 20 20
501-750 30 30
751-1000 40 40
1001-1500 50 50
1501-2000 60 60
2001-2500 70 70
2501+ 90 90
For those Dealers with annual sales over 2501, special
plates will be allocated based on 10 sets of plates under
each section for each additional 500 vehicles sold.
The limit on the maximum number of additional sets issued
to manufacturers at the fee set by Section 3-806 may be
lifted at the discretion of the Secretary of State.
The Secretary shall issue to a new dealer or manufacturer
not more than 8 sets of special plates at each fee. If the
new dealer or manufacturer has acquired his or her business
from a previous dealer or manufacturer, he or she may be
issued a number of sets based upon the number of vehicles
sold in the previous calendar year by the previous dealer or
manufacturer. If the new dealer or manufacturer was in
business for only a part of the previous calendar year, the
number of special plates to which he or she is entitled may
be extrapolated from the number of vehicles he or she sold
during that part of the year.
(d) Any manufacturer of engine and driveline components
may apply to the Secretary of State for a license to operate
vehicles in which such components are installed on the public
highways of the State for the purpose of testing such
components. The application shall describe the components and
the vehicles in which they are installed, and shall contain
such additional information as the Secretary shall prescribe.
Upon receipt of an application and an accompanying fee of
$1000, the Secretary shall issue to the applicant a license
for the entire test period of the components described in the
application.
Every licensee shall keep a record of each vehicle
operated under such license which shall be open to inspection
by the Secretary or his authorized representative for
inspection at any reasonable time during the day or night.
The license of a manufacturer of engine and driveline
components may be denied, revoked or suspended if the
Secretary finds that the manufacturer has:
(1) violated this Code;
(2) made any material misrepresentation to the
Secretary of State in connection with an application for
a license; or
(3) failed to produce for the Secretary of State
any record required to be produced by this Code.
This amendatory Act of 1983 shall be applicable to the
1984 registration year and thereafter.
(Source: P.A. 86-444; revised 10-31-98.)
(625 ILCS 5/3-643)
Sec. 3-643. Mammogram license plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Mammogram license plates.
The special plates issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates is wholly within
the discretion of the Secretary, except that the following
phrases shall be on the plates: (i) "Mammograms Save Lives"
and (ii) "The Susan G. Komen Foundation". The Secretary may
allow the plates to be issued as vanity plates or
personalized under Section 3-405.1 of the Code. The
Secretary shall prescribe stickers or decals as provided
under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged
a $25 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $10 shall be
deposited into the Mammogram Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray the administrative
processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $23 shall be deposited into the
Mammogram Fund and $2 shall be deposited into the Secretary
of State Special License Plate Fund.
(d) The Mammogram Fund is created as a special fund in
the State treasury. All money in the Mammogram Fund shall be
paid, subject to appropriation by the General Assembly and
approval by the Secretary, as grants to the Susan G. Komen
Foundation for breast cancer research, education, screening,
and treatment.
(Source: P.A. 90-675, eff. 1-1-99.)
(625 ILCS 5/3-644)
Sec. 3-644. 3-643. Police Memorial Committee license
plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Police Memorial Committee
license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first
division and motor vehicles of the second division weighing
not more than 8,000 pounds. Plates issued under this Section
shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within
the discretion of the Secretary. The Secretary may allow the
plates to be issued as vanity plates or personalized under
Section 3-405.1 of the Code. The Secretary shall prescribe
stickers or decals as provided under Section 3-412 of this
Code.
(c) An applicant for the special plate shall be charged
a $25 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $10 shall be
deposited into the Police Memorial Committee Fund and $15
shall be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help
defray the administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $23 shall be deposited into the Police
Memorial Committee Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Police Memorial Committee Fund is created as a
special fund in the State treasury. All money in the Police
Memorial Committee Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary, as grants to the Police Memorial Committee for
maintaining a memorial statue, holding an annual memorial
commemoration, and giving scholarships to children of police
officers killed in the line of duty.
(Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)
(625 ILCS 5/3-816) (from Ch. 95 1/2, par. 3-816)
Sec. 3-816. Installment Payments.
(a) The flat weight tax required to be paid by Section
3-815 for any vehicles on a calendar year basis may be paid
if the owner so elects, in equal semi-annual installments due
on January 1 and July 1 of each licensing year. Effective
with the 1984 registration year the owners of semitrailers
registered under Section 3-814 shall have the option of
paying the designated fees to the Secretary in the following
manner:
If registered in the first year the owner shall have the
option of paying $30 the first year and the remaining $30 by
the start of the second year;
If registered in the second year the owner shall have the
option of paying $24 the first year and the remaining $24 by
the start of the third year;
If registered in the third year the owner shall pay $36
for each semitrailer;
If registered in the fourth year the owner shall pay $24
for each semitrailer; and
If registered in the fifth year the owner shall pay $12
for each semitrailer.
Every such owner who elects to pay such tax in such
installments shall file with the Secretary of State a surety
bond or certificate of deposit, as hereinafter provided, in
the amount of the sum of the second installment of taxes on
his vehicle.
Such bond shall be in the form approved by the Secretary
of State and with a surety company approved by the Department
of Insurance to transact business in this State, as surety,
and shall be conditioned upon such owner's paying to the
State of Illinois all monies becoming due by reason of his
operation of the second division motor vehicle in this State,
together with all penalties and interest thereon.
The State Treasurer shall issue a certificate of deposit
to any such owner who deposits with the State Treasurer
securities of the Federal Government or the State of Illinois
endorsed in blank by such owner, or a certificate of deposit
issued by any bank or savings and loan association authorized
to do business in Illinois, payable to the Secretary of State
on or after July 1 of the year of registration. Such
certificate of deposit and securities shall be approved by
and deposited with the State Treasurer, and shall have a
current market value in the total amount which would cover
all monies becoming due and payable to the State of Illinois
by reason of his operation of a second division motor vehicle
in this State, together with all penalties and interest
thereon.
The liability of the surety hereunder shall be absolute
and upon notice from the Secretary of State that the second
installment has not been paid on July 1 of any licensing year
the surety shall immediately pay the second installment to
the Secretary of State.
Upon notice by the Secretary of State that the second
installment of such owner's taxes has not been paid on July 1
of any licensing year, the State Treasurer shall sell such
securities and deliver the proceeds thereof to the Secretary
of State to satisfy all monies becoming due by reason of such
owner's operation of a second division motor vehicle in this
State, together with all penalties and interest thereon.
If the owner's liability for the second installment is
evidenced by a certificate of deposit payable to the
Secretary of State, the Secretary of State shall, upon
failure of the owner to pay the second installment by July 1,
endorse the certificate of deposit which is in the custody of
the State Treasurer, and thereafter the State Treasurer shall
present the certificate of deposit for payment to the proper
bank or savings and loan association. Upon receipt of
payment, the State Treasurer shall forward to the Secretary
of State all monies due by reason of such owner's operation
of a second division motor vehicle in this State, and return
the excess, if any, to the owner on whose behalf the
certificate of deposit was previously deposited.
The State Treasurer shall return securities or proceeds
in excess of that needed to satisfy the Secretary of State
for all monies becoming due by reason of such owner's
operation of a second division motor vehicle in this State,
together with all penalties and interest thereon. Upon notice
by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate
of deposit or securities deposited with him under this
Section to the owner thereof.
(b) The flat weight tax required by Section 3-815 to be
paid on a fiscal year basis may be paid, if the owner so
elects, in equal semi-annual installments due on July 1st and
January 1st of each registration year. From July 1, 1983
through November 30 31, 1983, the flat weight tax required by
Section 3-814 for semitrailers previously registered on a
fiscal year basis may be paid, if the owner so elects, by
paying the Secretary of State $33 at the time of registration
and the remaining $25 by January 1, 1985 for each 5 1/2 year
semitrailer plate. Every such owner who elects to pay such
tax in such installments shall file with the Secretary of
State a surety bond or certificate of deposit, as hereinafter
provided, in the amount of the sum of the second installment
of taxes on his vehicle.
Such bond shall be in the form approved by the Secretary
of State and with a surety company approved by the Department
of Insurance to transact business in this State, as surety,
and shall be conditioned upon such owner's paying to the
State of Illinois all monies becoming due by reason of his
operation of the second division motor vehicle in this State,
together with all penalties and interest thereon.
The liability of the surety hereunder shall be absolute
and upon notice from the Secretary of State that the second
installment has not been paid on January 1st of any
registration year the surety shall immediately pay the second
installment to the Secretary of State.
Upon notice by the Secretary of State that the second
installment of such owner's taxes has not been paid on
January 1st of any registration year, the State Treasurer
shall sell such securities and deliver the proceeds thereof
to the Secretary of State to satisfy all monies becoming due
by reason of such owner's operation of a second division
motor vehicle in this State, together with all penalties and
interest thereon.
If the owner's liability for the second installment is
evidenced by a certificate of deposit payable to the
Secretary of State, the Secretary of State shall, upon
failure of the owner to pay the second installment by January
1st, endorse the certificate of deposit which is in the
custody of the State Treasurer, and thereafter the State
Treasurer shall present the certificate of deposit for
payment to the proper bank or savings and loan association.
Upon receipt of payment, the State Treasurer shall forward to
the Secretary of State all monies due by reason of such
owner's operation of a second division motor vehicle in this
State, and return the excess, if any, to the owner on whose
behalf the certificate of deposit was previously deposited.
The State Treasurer shall return securities or proceeds
in excess of that needed to satisfy the Secretary of State
for all monies becoming due by reason of such owner's
operation of a second division motor vehicle in this State,
together with all penalties and interest thereon. Upon notice
by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate
of deposit or securities deposited with him under this
Section to the owner thereof.
(c) The flat weight tax required under Section 3-815 for
vehicles registered in accordance with Section 3-402.1 may be
paid, if the owner elects, in equal semi-annual installments
due on April 1 and October 1 of each licensing year.
(d) In the event any surety pays for any second
installment under this Section, the surety shall have
recourse only against the principal and owner of the vehicles
involved and shall have no right or privilege to demand
revocation or suspension of the registration plates or
registration stickers of the vehicles involved. Such surety
may, however, impress a lien as provided in Section 3-828.
(Source: P.A. 87-1041; revised 10-31-98.)
(625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
Sec. 4-304. Implementation and administration of policy.
The Board shall consider and adopt such programs as are
designed to implement and administer the policies
hereinbefore expressed and within the appropriations provided
for by the General Assembly.
In adopting such programs, the Board shall take into
consideration the programs of the federal government in the
same field, so as to assure full coordination therewith and
that the State of Illinois does not duplicate federal actions
and programs. The programs to be considered by the Board
shall in addition be designed to:
1. Effect the efficient removal of abandoned
vehicles from the highways, streets, roads, other public
property, as well as from private property within
Illinois.;
2. Effect the efficient removal of abandoned and
derelict vehicles from private property to be junked,
salvaged, recycled, or reclaimed, to wrecking, recycling
or salvaging facilities, or to a temporary impoundment or
area collection center.;
3. Effect efficient recycling or scrap processing
of retired vehicles and the salvaging of usable parts.;
4. Permit the restoration of antique and historic
vehicles by private persons or agencies.;
5. Work with other State agencies to effect the
efficient and effective recycling of solid and liquid
motor vehicle waste, including motor vehicle drain oil,
derived in the recycling of a motor vehicle.
6. Recoup the costs of removal and disposal of
abandoned and derelict vehicles from vehicle owners, land
owners and persons who abandon or discard such vehicles
and from other suitable sources.
7. Promote and publicize individual responsibility
of vehicle owners for their personal disposal of unwanted
and discarded vehicles and develop an effective
promotional campaign to show owners how to properly
dispose of such vehicles; and the legal consequences of
not doing so.
8. Provide State coordination, expertise and
assistance to all local units of government, as needed,
seeking legislative remedy where appropriate regarding:
vehicle detitling procedure; impoundment time periods;
the legal restrictions unnecessarily delaying vehicle
disposal; and, to promote and advance the technology,
growth and development of the legitimate auto recycling
industry to the end that this industry can effectively
recycle all vehicles annually retired and accumulated in
Illinois with a minimum of assistance from the State or
its subdivisions.
The Board is empowered to negotiate and enter into
reciprocal agreements with other states and State and federal
agencies, in furtherance of the provisions of this Act, as
amended; provided, however, that no such reciprocal agreement
may be entered into without the approval and authorization of
the State body legally required to approve such agreements.
The Board shall make rules, regulations and by-laws, not
inconsistent with this Act or any other law of this State, as
to its own organization and conduct and for the
implementation and administration of this Act.
The Board is further empowered to enter into an agreement
with any State agency represented on the Board, to carry out
the administration of the abandoned and derelict vehicle
abatement program of the Board, and to make such funds
available as may be found necessary by the Board, as
appropriated by the General Assembly.
(Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)
(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
Sec. 5-102.1. Permits for off site sales and
exhibitions.
(a) A licensed new or used motor vehicle dealer licensed
under Section 5-101 or 5-102 shall not engage in any off site
sale without an off site sale permit issued by the Secretary
under this Section.
The Secretary shall issue an off site sale permit to a
dealer if:
(1) an application therefor is received by the
Secretary prior to the beginning date of the proposed off
site sale, accompanied by a fee of $25;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale will conform with the requirements imposed by
law.
However, in no event shall an off site sale permit be
issued to any licensed new or used vehicle dealer for any off
site sale to be conducted outside that dealer's relevant
market area, as that term is defined in this Chapter, except
that this restriction shall not apply to off site sales of
motor homes or recreational vehicles.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
An off site sale permit does not authorize the sale of
vehicles on a Sunday.
(b) Only a new or used vehicle dealer licensed under
Section 5-101 or 5-102 may participate in a display
exhibition and shall obtain a display exhibition permit
issued by the Secretary under this Section.
The Secretary shall issue a display exhibition permit to
a dealer if:
(1) an application therefor is received by the
Secretary prior to the beginning date of the proposed
exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
exhibition will conform with the requirements imposed by
law.
A display exhibition permit shall be valid for a period
of no longer than 30 days.
(c) A licensed new or used motor vehicle dealer under
Section 5-101 or 5-102, or any other person as defined in
this Section, may participate in a trade show exhibition and
must obtain a trade show exhibition permit issued by the
Secretary under this Section.
The Secretary shall issue a trade show exhibition permit
if:
(1) an application is received by the Secretary
before the beginning date of the proposed trade show
exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
trade show exhibition shall conform with the requirements
imposed by law.
A trade show exhibition permit shall be valid for a
period of no longer than 30 days.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
The term "any other person" shall mean new or used
vehicle dealers licensed by other states; provided however, a
trade show exhibition of new vehicles shall only be
participated in by licensed new vehicle dealers, at least 2
of which must be licensed under Section 5-101.
(d) An Illinois or out-of-state licensed new or used
trailer dealer, manufactured home dealer, motor home dealer,
mini motor home dealer, or van camper dealer shall not engage
in any off site sale or trade show exhibition without first
acquiring a permit issued by the Secretary under this
subsection. However, the provisions of this Section shall not
apply to a licensed trailer dealer selling a mobile home or
manufactured housing, as defined in the Illinois Manufactured
Housing and Mobile Home Safety Act, if the manufactured
housing or mobile home has utilities permanently attached.
The Secretary shall issue a permit to an Illinois dealer if:
(1) an application is received by the Secretary
before the beginning date of the proposed off site sale
or trade show exhibition, accompanied by a fee of $25;
(2) the applicant is a licensed new or used vehicle
dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale or trade show exhibition will conform with the
requirements imposed by law.
The Secretary shall issue a permit to an out-of-state
dealer if the requirements of subdivisions (1), (2), and (3)
of this subsection (d) are met and at least 2 licensed
Illinois dealers will participate in the off site sale or
trade show exhibition.
A permit issued pursuant to this subsection shall allow
for the sale of vehicles at either an off site sale or at a
trade show exhibition. The permit shall be valid for a
period not to exceed 30 days.
(e) The Secretary of State may adopt rules regulating
the conduct of off site sales and exhibitions, and governing
the issuance and enforcement of the permits authorized under
this Section.
(Source: P.A. 89-235, eff. 8-4-95; 89-551, eff. 1-1-97;
90-718, eff. 1-1-99; 90-774, eff. 8-14-98; revised 9-21-98.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every
qualifying applicant qualifying a driver's license as applied
for, which the license shall bear a distinguishing number
assigned to the licensee, the name, social security number,
zip code, date of birth, address, and a brief description of
the licensee, and a space where the licensee may write his
usual signature.
If the licensee is less than 17 years of age, the license
shall, as a matter of law, be invalid for the operation of
any motor vehicle during any time the licensee is prohibited
from being on any street or highway under the provisions of
the Child Curfew Act.
Licenses issued shall also indicate the classification
and the restrictions under Section 6-104 of this Code.
In lieu of the social security number, the Secretary may
in his discretion substitute a federal tax number or other
distinctive number.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(b) The Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee
may use to execute a document of gift conforming to the
provisions of the Uniform Anatomical Gift Act. The format
shall allow the licensee to indicate the gift intended,
whether specific organs, any organ, or the entire body, and
shall accommodate the signatures of the donor and 2
witnesses. The Secretary shall also inform each applicant or
licensee of this format, describe the procedure for its
execution, and may offer the necessary witnesses; provided
that in so doing, the Secretary shall advise the applicant or
licensee that he or she is under no compulsion to execute a
document of gift. A brochure explaining this method of
executing an anatomical gift document shall be given to each
applicant or licensee. The brochure shall advise the
applicant or licensee that he or she is under no compulsion
to execute a document of gift, and that he or she may wish to
consult with family, friends or clergy before doing so. The
Secretary of State may undertake additional efforts,
including education and awareness activities, to promote
organ and tissue donation.
(c) The Secretary of State shall designate on each
driver's license issued a space where the licensee may place
a sticker or decal of the uniform size as the Secretary may
specify, which sticker or decal may indicate in appropriate
language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each
driver's license issued a space where the licensee may
indicate his blood type and RH factor.
(e) The Secretary of State shall provide that each
original or renewal driver's license issued to a licensee
under 21 years of age shall be of a distinct nature from
those driver's licenses issued to individuals 21 years of age
and older. The color designated for driver's licenses for
licensees under 21 years of age shall be at the discretion of
the Secretary of State.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to
insure that all drivers, seeking to obtain a commercial
driver's license, be afforded an opportunity prior to April
1, 1992, to obtain the license. The Secretary is authorized
to extend driver's license expiration dates, and assign
specific times, dates and locations where these commercial
driver's tests shall be conducted. Any applicant, regardless
of the current expiration date of the applicant's driver's
license, may be subject to any assignment by the Secretary.
Failure to comply with the Secretary's assignment may result
in the applicant's forfeiture of an opportunity to receive a
commercial driver's license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that
he or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion,
may designate on each driver's license issued a space where
the licensee may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
owner of the license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with
the terms of this Section is not liable for damages in any
civil action or subject to prosecution in any criminal
proceeding for his or her act.
(Source: P.A. 89-569, eff. 1-1-97; 90-191, eff. 1-1-98;
revised 10-31-98.)
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
(Text of Section before amendment by P.A. 90-622)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article
is as follows:
Original driver's license.............................$10
Original or renewal driver's license
issued to 18, 19 and 20 year olds..................5
All driver's licenses for persons
age 69 through age 80..............................5
All driver's licenses for persons
age 81 through age 86..............................2
All driver's licenses for persons
age 87 or older....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older).................................10
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license..................................20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal..................5
Any instruction permit issued to a person
age 69 and older...................................5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois.......................................10
Restricted driving permit...............................8
Duplicate or corrected driver's license
or permit..........................................5
Duplicate or corrected restricted
driving permit.....................................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$10 for the driver's license;
and $24 for the CDL:.............................$40
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$10 for the driver's license; and
$24 for the CDL:.................................$40
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund; and
$24 for the CDL classification...................$30
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................$5
CDL duplicate or corrected license.....................$5
In order to ensure the proper implementation of the
Uniform Commercial Driver License Act, Article V of this
Chapter, the Secretary of State is empowered to pro-rate the
$24 fee for the commercial driver's license proportionate to
the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be
waived for any person age 60 or older who presents the
Secretary of State's office with a police report showing that
his license or permit was stolen.
No additional fee shall be charged for a driver's
license, or for a commercial driver's license, when issued to
the holder of an instruction permit for the same
classification or type of license who becomes eligible for
such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked
under any provision of Chapter 6, Chapter 11, or Section
7-702 of the Family Financial Responsibility Law of this
Code, shall in addition to any other fees required by this
Code, pay a reinstatement fee as follows:
Summary suspension under Section 11-501.1.............$60
Other suspension......................................$30
Revocation............................................$60
However, any person whose license or privilege to operate
a motor vehicle in this State has been suspended or revoked
for a second or subsequent time for a violation of Section
11-501 or 11-501.1 of this Code or a similar provision of a
local ordinance or Section 9-3 of the Criminal Code of 1961
and each suspension or revocation was for a violation of
Section 11-501 or 11-501.1 of this Code or a similar
provision of a local ordinance or Section 9-3 of the Criminal
Code of 1961 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$250
Revocation...........................................$250
(c) All fees collected under the provisions of this
Chapter 6 shall be paid into the Road Fund in the State
Treasury except as follows:
1. The following amounts shall be paid into the
Driver Education Fund:
(A) $16 of the $20 fee for an original
driver's instruction permit;
(B) $5 of the $10 fee for an original driver's
license;
(C) $5 of the $10 fee for a 4 year renewal
driver's license; and
(D) $4 of the $8 fee for a restricted driving
permit.
2. $30 of the $60 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege
to operate a motor vehicle in this State has been
suspended or revoked for a second or subsequent time for
a violation of Section 11-501 or 11-501.1 of this Code or
Section 9-3 of the Criminal Code of 1961, $190 of the
$250 fee for reinstatement of a license summarily
suspended under Section 11-501.1, and $190 of the $250
fee for reinstatement of a revoked license shall be
deposited into the Drunk and Drugged Driving Prevention
Fund.
3. $6 of such original or renewal fee for a
commercial driver's license and $6 of the commercial
driver 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.
4. The fee for reinstatement of a license suspended
under the Family Financial Responsibility Law shall be
paid into the Family Responsibility Fund.
(Source: P.A. 89-92, eff. 7-1-96; 90-738, eff. 1-1-99;
revised 9-21-98.)
(Text of Section after amendment by P.A. 90-622)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article
is as follows:
Original driver's license.............................$10
Original or renewal driver's license
issued to 18, 19 and 20 year olds..................5
All driver's licenses for persons
age 69 through age 80..............................5
All driver's licenses for persons
age 81 through age 86..............................2
All driver's licenses for persons
age 87 or older....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older).................................10
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license..................................20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal..................5
Any instruction permit issued to a person
age 69 and older...................................5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois.......................................10
Restricted driving permit...............................8
Duplicate or corrected driver's license
or permit..........................................5
Duplicate or corrected restricted
driving permit.....................................5
Original or renewal M or L endorsement..................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$10 for the driver's license;
and $24 for the CDL:.............................$40
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$10 for the driver's license; and
$24 for the CDL:.................................$40
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund; and
$24 for the CDL classification...................$30
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................$5
CDL duplicate or corrected license.....................$5
In order to ensure the proper implementation of the
Uniform Commercial Driver License Act, Article V of this
Chapter, the Secretary of State is empowered to pro-rate the
$24 fee for the commercial driver's license proportionate to
the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be
waived for any person age 60 or older who presents the
Secretary of State's office with a police report showing that
his license or permit was stolen.
No additional fee shall be charged for a driver's
license, or for a commercial driver's license, when issued to
the holder of an instruction permit for the same
classification or type of license who becomes eligible for
such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked
under any provision of Chapter 6, Chapter 11, or Section
7-702 of the Family Financial Responsibility Law of this
Code, shall in addition to any other fees required by this
Code, pay a reinstatement fee as follows:
Summary suspension under Section 11-501.1.............$60
Other suspension......................................$30
Revocation............................................$60
However, any person whose license or privilege to operate
a motor vehicle in this State has been suspended or revoked
for a second or subsequent time for a violation of Section
11-501 or 11-501.1 of this Code or a similar provision of a
local ordinance or Section 9-3 of the Criminal Code of 1961
and each suspension or revocation was for a violation of
Section 11-501 or 11-501.1 of this Code or a similar
provision of a local ordinance or Section 9-3 of the Criminal
Code of 1961 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$250
Revocation...........................................$250
(c) All fees collected under the provisions of this
Chapter 6 shall be paid into the Road Fund in the State
Treasury except as follows:
1. The following amounts shall be paid into the
Driver Education Fund:
(A) $16 of the $20 fee for an original
driver's instruction permit;
(B) $5 of the $10 fee for an original driver's
license;
(C) $5 of the $10 fee for a 4 year renewal
driver's license; and
(D) $4 of the $8 fee for a restricted driving
permit.
2. $30 of the $60 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege
to operate a motor vehicle in this State has been
suspended or revoked for a second or subsequent time for
a violation of Section 11-501 or 11-501.1 of this Code or
Section 9-3 of the Criminal Code of 1961, $190 of the
$250 fee for reinstatement of a license summarily
suspended under Section 11-501.1, and $190 of the $250
fee for reinstatement of a revoked license shall be
deposited into the Drunk and Drugged Driving Prevention
Fund.
3. $6 of such original or renewal fee for a
commercial driver's license and $6 of the commercial
driver 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.
4. The fee for reinstatement of a license suspended
under the Family Financial Responsibility Law shall be
paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider
Safety Training Fund.
(Source: P.A. 89-92, eff. 7-1-96; 90-622, eff. 3-1-99;
90-738, eff. 1-1-99; revised 9-21-98.)
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of
State the records essential to the performance of the
Secretary's duties under this Code to cancel, revoke or
suspend the driver's license and privilege to drive motor
vehicles of certain minors adjudicated truant minors in need
of supervision, addicted, or delinquent and of persons found
guilty of the criminal offenses or traffic violations which
this Code recognizes as evidence relating to unfitness to
safely operate motor vehicles, the following duties are
imposed upon public officials:
1. Whenever any person is convicted of any offense
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court
in which such conviction is had shall require the
surrender to the clerk of the court of all driver's
licenses or permits then held by the person so convicted,
and the clerk of the court shall, within 10 days
thereafter, forward the same, together with a report of
such conviction, to the Secretary.
2. Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control),
11-1407 (improper opening of door into traffic), 11-1410
(coasting on downgrade), 11-1411 (following fire
apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
(driving vehicle which is in unsafe condition or
improperly equipped), 12-201(a) (daytime lights on
motorcycles), 12-202 (clearance, identification and side
marker lamps), 12-204 (lamp or flag on projecting load),
12-205 (failure to display the safety lights required),
12-401 (restrictions as to tire equipment), 12-502
(mirrors), 12-503 (windshields must be unobstructed and
equipped with wipers), 12-601 (horns and warning
devices), 12-602 (mufflers, prevention of noise or
smoke), 12-603 (seat safety belts), 12-702 (certain
vehicles to carry flares or other warning devices),
12-703 (vehicles for oiling roads operated on highways),
12-710 (splash guards and replacements), 13-101 (safety
tests), 15-101 (size, weight and load), 15-102 (width),
15-103 (height), 15-104 (name and address on second
division vehicles), 15-107 (length of vehicle), 15-109.1
(cover or tarpaulin), 15-111 (weights), 15-112 (weights),
15-301 (weights), 15-316 (weights), 15-318 (weights), and
also excepting the following enumerated Sections of the
Chicago Municipal Code: Sections 27-245 (following fire
apparatus), 27-254 (obstruction of traffic), 27-258
(driving vehicle which is in unsafe condition), 27-259
(coasting on downgrade), 27-264 (use of horns and signal
devices), 27-265 (obstruction to driver's view or driver
mechanism), 27-267 (dimming of headlights), 27-268
(unattended motor vehicle), 27-272 (illegal funeral
procession), 27-273 (funeral procession on boulevard),
27-275 (driving freighthauling vehicles on boulevard),
27-276 (stopping and standing of buses or taxicabs),
27-277 (cruising of public passenger vehicles), 27-305
(parallel parking), 27-306 (diagonal parking), 27-307
(parking not to obstruct traffic), 27-308 (stopping,
standing or parking regulated), 27-311 (parking
regulations), 27-312 (parking regulations), 27-313
(parking regulations), 27-314 (parking regulations),
27-315 (parking regulations), 27-316 (parking
regulations), 27-317 (parking regulations), 27-318
(parking regulations), 27-319 (parking regulations),
27-320 (parking regulations), 27-321 (parking
regulations), 27-322 (parking regulations), 27-324
(loading and unloading at an angle), 27-333 (wheel and
axle loads), 27-334 (load restrictions in the downtown
district), 27-335 (load restrictions in residential
areas), 27-338 (width of vehicles), 27-339 (height of
vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 10 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's
license or permit of the person so convicted.
The reporting requirements of this subsection shall apply
to all violations stated in paragraphs 1 and 2 of this
subsection when the individual has been adjudicated under the
Juvenile Court Act or the Juvenile Court Act of 1987. Such
reporting requirements shall also apply to individuals
adjudicated under the Juvenile Court Act or the Juvenile
Court Act of 1987 who have committed a violation of Section
11-501 of this Code, or similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961, as
amended, relating to the offense of reckless homicide. The
reporting requirements of this subsection shall also apply to
a truant minor in need of supervision, an addicted minor, or
a delinquent minor and whose driver's license and privilege
to drive a motor vehicle has been ordered suspended for such
times as determined by the Court, but only until he or she
attains 18 years of age. It shall be the duty of the clerk
of the court in which adjudication is had within 10 days
thereafter to forward to the Secretary of State a report of
the adjudication and the court order requiring the Secretary
of State to suspend the minor's driver's license and driving
privilege for such time as determined by the Court, but only
until he or she attains the age of 18 years. All juvenile
court dispositions reported to the Secretary of State under
this provision shall be processed by the Secretary of State
as if the cases had been adjudicated in traffic or criminal
court. However, information reported relative to the offense
of reckless homicide, or Section 11-501 of this Code, or a
similar provision of a local ordinance, shall be privileged
and available only to the Secretary of State, courts, and
police officers.
3. Whenever an order is entered vacating the
forfeiture of any bail, security or bond given to secure
appearance for any offense under this Code or similar
offenses under municipal ordinance, it shall be the duty
of the clerk of the court in which such vacation was had
or the judge of such court if such court has no clerk,
within 10 days thereafter to forward to the Secretary of
State a report of the vacation.
4. A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503 and 11-504
shall be forwarded to the Secretary of State. A report of
any disposition of court supervision for a violation of
an offense defined as a serious traffic violation in this
Code or a similar provision of a local ordinance
committed by a person under the age of 21 years shall be
forwarded to the Secretary of State.
5. Reports of conviction and sentencing hearing
under the Juvenile Court Act of 1987 in a computer
processible medium shall be forwarded to the Secretary of
State via the Supreme Court in the form and format
required by the Illinois Supreme Court and established by
a written agreement between the Supreme Court and the
Secretary of State. In counties with a population over
300,000, instead of forwarding reports to the Supreme
Court, reports of conviction and sentencing hearing under
the Juvenile Court Act of 1987 in a computer processible
medium may be forwarded to the Secretary of State by the
Circuit Court Clerk in a form and format required by the
Secretary of State and established by written agreement
between the Circuit Court Clerk and the Secretary of
State. Failure to forward the reports of conviction or
sentencing hearing under the Juvenile Court Act of 1987
as required by this Section shall be deemed an omission
of duty and it shall be the duty of the several State's
Attorneys to enforce the requirements of this Section.
(b) Whenever a restricted driving permit is forwarded to
a court, as a result of confiscation by a police officer
pursuant to the authority in Section 6-113(f), it shall be
the duty of the clerk, or judge, if the court has no clerk,
to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as
expeditiously as practicable.
(c) For the purposes of this Code, a forfeiture of bail
or collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated, or the failure of
a defendant to appear for trial after depositing his driver's
license in lieu of other bail, shall be equivalent to a
conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition
of repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by
the Secretary, records of driver's participation in a driver
remedial or rehabilitative program which was required,
through a court order or court supervision, in relation to
the driver's arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance. Such
reports shall be sent within 10 days after the driver's
referral to such driver remedial or rehabilitative program.
Such reports, including those required to be forwarded under
subsection 4 of paragraph (a), shall be recorded to the
driver's file, but shall not be released to any outside
source, except the affected driver, and shall be used only to
assist in assessing driver performance and for the purpose of
informing the courts that such driver has been previously
assigned court supervision or referred to a driver's remedial
or rehabilitative program.
(Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
revised 9-16-98.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court, may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code
may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph 13
of subsection (a) of this Section, no restricted driving
permit shall be issued until the individual has served 6
months of the revocation period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age. A
restricted driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as a
driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
The revocation periods contained in this subparagraph shall
apply to similar out-of-state convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for use of
the interlock system.
(Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
89-626, eff. 8-9-96; 90-369, eff. 1-1-98; 90-590, eff.
1-1-99; 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; revised
9-16-98.)
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any
other law of this State, the Secretary of State shall not
suspend a driver's license, permit or privilege to drive a
motor vehicle on the highways for a period of more than one
year.
(b) Any person whose license, permit or privilege to
drive a motor vehicle on the highways has been revoked shall
not be entitled to have such license, permit or privilege
renewed or restored. However, such person may, except as
provided under subsection (d) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4,
the person may make application for a license after the
expiration of one year from the effective date of the
revocation or, in the case of a violation of paragraph
(b) of Section 11-401 of this Code or a similar provision
of a local ordinance, after the expiration of 3 years
from the effective date of the revocation or, in the case
of a violation of Section 9-3 of the Criminal Code of
1961 relating to the offense of reckless homicide, after
the expiration of 2 years from the effective date of the
revocation.; or
2. If such person is convicted of committing a
second violation within a 20 year period of:
(A) Section 11-501 of this Code, or a similar
provision of a local ordinance; or
(B) Paragraph (b) of Section 11-401 of this
Code, or a similar provision of a local ordinance;
or
(C) Section 9-3 of the Criminal Code of 1961,
as amended, relating to the offense of reckless
homicide; or
(D) any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20 year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses.
3. However, except as provided in subparagraph 4,
if such person is convicted of committing a third, or
subsequent, violation or any combination of the above
offenses, including similar out-of-state offenses,
contained in subparagraph 2, then such person may not
make application for a license until after the expiration
of 10 years from the effective date of the most recent
revocation.
4. The person may not make application for a
license if the person is convicted of committing a fourth
or subsequent violation of Section 11-501 of this Code or
a similar provision of a local ordinance, paragraph (b)
of Section 11-401 of this Code, Section 9-3 of the
Criminal Code of 1961, or a combination of these offenses
or similar provisions of local ordinances or similar
out-of-state offenses if the original revocation or
suspension was for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
90-738, eff. 1-1-99; revised 10-31-98.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor
vehicle on the public highways has been summarily suspended,
pursuant to Section 11-501.1, shall not be eligible for
restoration of the privilege until the expiration of:
1. Six months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug,
or intoxicating compound concentration, pursuant to
Section 11-501.1; or
2. Three months from the effective date of the
statutory summary suspension imposed following the
person's submission to a chemical test which disclosed an
alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in such
person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the
statutory summary suspension for any person other than a
first offender who refuses or fails to complete a test or
tests to determine the alcohol, drug, or intoxicating
compound concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more
pursuant to Section 11-501.1 or any amount of a drug,
substance or compound in such person's blood or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
full driving privileges shall be restored unless the person
is otherwise disqualified by this Code. If the court has
reason to believe that the person's driving privilege should
not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to
this Code.
(c) Full driving privileges may not be restored until
all applicable reinstatement fees, as provided by this Code,
have been paid to the Secretary of State and the appropriate
entry made to the driver's record.
(d) Where a driving privilege has been summarily
suspended under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same
incident, any period served on statutory summary suspension
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first
offender, the circuit court may, after at least 30 days from
the effective date of the statutory summary suspension, issue
a judicial driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any
offense as defined in Section 11-501 or a similar provision
of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section
11-501.1, for a first offender, the circuit court may issue a
court order directing the Secretary of State to issue a
judicial driving permit as provided in Section 6-206.1.
However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500 and such
person refused or failed to complete a test or tests to
determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1, the Secretary of
State may issue a restricted driving permit if at least 2
years have elapsed since the effective date of the statutory
summary suspension.
(h) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender as defined in Section 11-500 and such
person submitted to a chemical test which disclosed an
alcohol concentration of 0.08 or more pursuant to Section
11-501.1, the Secretary of State may, after at least 90 days
from the effective date of the statutory summary suspension,
issue a restricted driving permit.
(Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
(625 ILCS 5/6-301.3)
Sec. 6-301.3. Invalidation of a driver's license or
permit.
(a) The Secretary of State may invalidate a driver's
license or permit when:
(1) when the holder voluntarily surrenders the
license or permit and declares his or her intention to do
so in writing to the Secretary;
(2) when the Secretary receives a certified court
order indicating the holder is to refrain from driving;
(3) upon the death of the holder; or
(4) as the Secretary deems appropriate by
administrative rule.
(b) A driver's license or permit invalidated under this
Section shall nullify the holder's driving privileges. If a
license is invalidated under subdivision (a)(3) of this
Section paragraph (3) above, the actual license or permit may
be released to a relative of the decedent; provided, the
actual license or permit bears a readily identifiable
designation evidencing invalidation as prescribed by the
Secretary.
(Source: P.A. 88-197; revised 10-31-98.)
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to
submit to a chemical test or tests to determine the alcohol
concentration or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled substance
listed in the Illinois Controlled Substances Act in such
person's system, must be warned by the police officer
requesting the test or tests that a refusal to submit to the
test or tests will result in that person being immediately
placed out-of-service for a period of 24 hours and being
disqualified from operating a commercial motor vehicle for a
period of not less than 12 months; the person shall also be
warned that if such person submits to testing which discloses
an alcohol concentration of greater than 0.00 but less than
0.04 or any amount of a drug, substance, or compound in such
person's blood or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act or
a controlled substance listed in the Illinois Controlled
Substances Act, such person shall be placed immediately
out-of-service for a period of 24 hours; if the person
submits to testing which discloses an alcohol concentration
of 0.04 or more or any amount of a drug, substance, or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act or a controlled substance listed in the
Illinois Controlled Substances Act, such person shall be
placed immediately out-of-service and disqualified from
driving a commercial motor vehicle for a period of at least
12 months; also the person shall be warned that if such
testing discloses an alcohol concentration of 0.08, or more
or any amount of a drug, substance, or compound in such
person's blood or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act or
a controlled substance listed in the Illinois Controlled
Substances Act, in addition to the person being immediately
placed out-of-service and disqualified for 12 months as
provided in this UCDLA, the results of such testing shall
also be admissible in prosecutions for violations of Section
11-501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose
any driving sanctions pursuant to Section 11-501.1 of this
Code.
The person shall also be warned that any disqualification
imposed pursuant to this Section, shall be for life for any
such offense or refusal, or combination thereof; including a
conviction for violating Section 11-501 while driving a
commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate
incidents.
(b) If the person refuses or fails to complete testing,
or submits to a test which discloses an alcohol concentration
of at least 0.04, or any amount of a drug, substance, or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act or a controlled substance listed in the
Illinois Controlled Substances Act, the law enforcement
officer must submit a Sworn Report to the Secretary of State,
in a form prescribed by the Secretary, certifying that the
test or tests was requested pursuant to paragraph (a); that
the person was warned, as provided in paragraph (a) and that
such person refused to submit to or failed to complete
testing, or submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug,
substance, or compound in such person's blood or urine
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled substance
listed in the Illinois Controlled Substances Act.
(c) The police officer submitting the Sworn Report under
this Section shall serve notice of the CDL disqualification
on the person and such CDL disqualification shall be
effective as provided in paragraph (d). In cases where the
blood alcohol concentration of 0.04 or more, or any amount of
a drug, substance, or compound in such person's blood or
urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a controlled
substance listed in the Illinois Controlled Substances Act,
is established by subsequent analysis of blood or urine
collected at the time of the request, the police officer
shall give notice as provided in this Section or by deposit
in the United States mail of such notice as provided in this
Section or by deposit in the United States mail of such
notice in an envelope with postage prepaid and addressed to
such person's persons' domiciliary address as shown on the
Sworn Report and the CDL disqualification shall begin as
provided in paragraph (d).
(d) The CDL disqualification referred to in this Section
shall take effect on the 46th day following the date the
Sworn Report was given to the affected person.
(e) Upon receipt of the Sworn Report from the police
officer, the Secretary of State shall disqualify the person
from driving any commercial motor vehicle and shall confirm
the CDL disqualification by mailing the notice of the
effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information
or be completed in error, the confirmation of the CDL
disqualification shall not be mailed to the affected person
or entered into the record, instead the Sworn Report shall be
forwarded to the issuing agency identifying any such defect.
(Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service
order; hearing.
(a) A disqualification of commercial driving privileges
by the Secretary of State, pursuant to this UCDLA, shall not
become effective until the person is notified in writing, by
the Secretary, of the impending disqualification and advised
that a CDL hearing may be requested.
(b) Upon receipt of the notice of a CDL disqualification
not based upon a conviction, an out-of-service order, or
notification that a CDL disqualification is forthcoming, the
person may make a written petition in a form, approved by the
Secretary of State, for a CDL hearing. Such petition must
state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order
removed from the person's driving record. Within 10 days
after the receipt of such petition, it shall be reviewed by
the Director of the Department of Administrative Hearings,
Office of the Secretary of State, or by an appointed
designee. If it is determined that the petition on its face
does not state grounds upon which the relief may be based,
the petition for a CDL hearing shall be denied and the
disqualification shall become effective as if no petition had
been filed and the out-of-service order shall be sustained.
If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification
imposed pursuant to paragraphs (1) and (2) of subsection (a)
of Section 6-514 shall be limited to the following issues:
1. Whether the person was operating a commercial
motor vehicle;
2. Whether, after making the initial stop, the
police officer had probable cause to issue a Sworn
Report;
3. Whether the person was verbally warned of the
ensuing consequences prior to submitting to any type of
chemical test or tests to determine such person's blood
concentration of alcohol, other drug, or both; and
4. Whether the person did refuse to submit to or
failed to complete the chemical testing or did submit to
such test or tests and such test or tests disclosed an
alcohol concentration of at least 0.04 or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis
Control Act or a controlled substance listed in the
Illinois Controlled Substances Act in the person's
system;.
5. Whether the person was warned that if the test
or tests disclosed an alcohol concentration of 0.08 or
more or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act, such results could be admissible in a
subsequent prosecution under Section 11-501 of this Code
or similar provision of local ordinances; and
6. Whether That such results could not be used to
impose any driver's license sanctions pursuant to Section
11-501.1.
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or
rescinded.
(d) The scope of a CDL hearing for any out-of-service
sanction, imposed pursuant to Section 6-515, shall be limited
to the following issues:
1. Whether the person was driving a commercial
motor vehicle;
2. Whether, while driving such commercial motor
vehicle, the person had alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act or a controlled substance listed in the Illinois
Controlled Substances Act in such person's system; or
3. Whether the person was verbally warned of the
ensuing consequences prior to being asked to submit to
any type of chemical test or tests to determine such
person's alcohol, other drug, or both, concentration; and
4. Whether, after being so warned, the person did
refuse to submit to or failed to complete such chemical
test or tests or did submit to such test or tests and
such test or tests disclosed an alcohol concentration
greater than 0.00 or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption
of cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act.
Upon the conclusion of the above CDL hearing, the
out-of-service sanction shall either be sustained or removed
from the person's driving record.
(e) If any person petitions for a hearing relating to
any CDL disqualification based upon a conviction, as defined
in this UCDLA, said hearing shall not be conducted as a CDL
hearing, but shall be conducted as any other driver's license
hearing, whether formal or informal, as promulgated in the
rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption,
for the purposes of this UCDLA, shall be sufficient probable
cause for requesting the driver to submit to a chemical test
or tests to determine the presence of alcohol, other drug, or
both in the person's system and the subsequent issuance of an
out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing"
shall mean a hearing before the Office of the Secretary of
State in accordance with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically
related to the scope of the issues identified in this
Section. These proceedings will be a matter of record and a
final appealable order issued. The petition for a CDL
hearing shall not stay or delay the effective date of the
impending disqualification.
(h) The CDL hearing may be conducted upon a review of
the police officer's own official reports; provided however,
that the petitioner may subpoena the officer. Failure of the
officer to answer the subpoena shall be grounds for a
continuance.
(Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
(625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
Sec. 7-402. Surrender of license to drive and
registration. Except as otherwise provided in this Code or
Article V of the Supreme Court Rules, any person whose
license to drive has been suspended shall immediately return
to the Secretary of State any driver's driver license,
instruction permit, restricted driving permit or other
evidence of driving privileges held by such person. Any
driving authorization document issued under Section 6-206.1
or 11-501.1 of this Code shall be returned to the issuing
court for proper processing. Any person whose vehicle
registration has been suspended shall, upon the request of
the Secretary, immediately return to the Secretary any
license plates or other evidences of registration held by
such person.
The Secretary is authorized to take possession of any
license to drive, registration certificate, registration
sticker or license plates upon the suspension thereof under
the provisions of this Code or to direct any law enforcement
officer to take possession thereof and to return the same to
the Secretary.
Any person willfully failing to comply with this Section
is guilty of a Class A misdemeanor and shall be punished as
provided in Section 9-110 of this Code.
(Source: P.A. 85-1201; revised 10-31-98.)
(625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
Sec. 10-301. Service of process on non-resident.
(a) The use and operation by any person or his duly
authorized agent or employee of a vehicle over or upon the
highways of the State of Illinois, shall be deemed an
appointment by such person of the Secretary of State to be
his true and lawful attorney upon whom may be served all
legal process in any action or proceeding against him,
growing out of such use or resulting in damage or loss to
person or property, and the use or operation shall be
signification of his agreement that such process against him
which is so served, shall be of the same legal force and
validity as though served upon him personally if such person
is a non-resident of this State or at the time a cause of
action arises is a resident of this State but subsequently
becomes a non-resident of this State, or in the event the
vehicle is owned by a non-resident and is being operated over
and upon the highways of this State with the owner's express
or implied permission.
(b) Service of such process shall be made by serving a
copy upon the Secretary of State or any employee in his
office designated by him to accept such service for him, or
by filing such copy in his office, together with an affidavit
of compliance from the plaintiff instituting the action,
suit, or proceeding, which states that this Section is
applicable to the proceeding and that the plaintiff has
complied with the requirements of this Section, and a fee of
$5 and such service shall be sufficient service upon the
person, if notice of such service and a copy of the process
are, within 10 days thereafter, sent by registered mail by
the plaintiff to the defendant, at the last known address of
the defendant, and the plaintiff's affidavit of compliance
herewith is appended to the summons.
(c) The court in which the action is pending may order
such continuances as may be necessary to afford the defendant
reasonable opportunity to defend the action. The fee of $5
paid by the plaintiff to the Secretary of State at the time
of the service shall be taxed as his cost, if he prevails in
the action.
(d) The Secretary of State shall keep a record of all
such processes, which shall show the day and hour of such
service.
(e) When a final judgment is entered against any
non-resident defendant who has have not received notice and a
copy of the process by registered mail, required to be sent
to him as above provided, and such person, his heirs,
legatees, executor, administrator or other legal
representatives, as the case may require, shall within one
year after the written notice given to him of such judgment,
or within 5 years after such judgment, if no such notice has
been given, as stated above, appear and petition the court to
be heard regarding such judgment, and shall pay such costs as
the court may deem reasonable in that behalf, the person so
petitioning the court may appear and answer the plaintiff's
allegations, and thereupon such proceeding shall be had as if
the defendant had appeared in due time and no judgment had
been entered. If it appears upon the hearing that such
judgment ought not to have been entered against the
defendant, the judgment may be set aside, altered or amended
as shall appear just; otherwise, it shall be ordered that the
judgment stands confirmed against the defendant. The judgment
shall, after 5 years from the entry thereof, if not set aside
in the manner stated above, be deemed and adjudged confirmed
against such defendant, and all persons claiming under him by
virtue of any act done subsequent to the commencement of such
action, and at the end of the 5 years, the court may enter
such further orders as shall be required for the enforcement
of the judgment.
(f) Any person instituting any action, suit, or
proceeding who uses this Section to effect service of process
shall be liable for the attorney's fees and costs of the
defendant if the court finds that the person instituting the
action knew or should have known that this Section is not
applicable for effecting service in such action.
(Source: P.A. 85-412; revised 10-31-98.)
(625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever
traffic is controlled by traffic-control signals exhibiting
different colored lights or color lighted arrows,
successively one at a time or in combination, only the colors
green, red and yellow shall be used, except for special
pedestrian signals carrying a word legend, and the lights
shall indicate and apply to drivers of vehicles and
pedestrians as follows:
(a) Green indication.
1. (1) Vehicular traffic facing a circular green
signal may proceed straight through or turn right or left
unless a sign at such place prohibits either such turn.
Vehicular traffic, including vehicles turning right or
left, shall yield the right of way to other vehicles and
to pedestrians lawfully within the intersection or an
adjacent crosswalk at the time such signal is exhibited.
2. Vehicular traffic facing a green arrow signal,
shown alone or in combination with another indication,
may cautiously enter the intersection only to make the
movement indicated by such arrow, or such other movement
as is permitted by other indications shown at the same
time. Such vehicular traffic shall yield the right of
way to pedestrians lawfully within an adjacent crosswalk
and to other traffic lawfully using the intersection.
3. Unless otherwise directed by a
pedestrian-control signal, as provided in Section 11-307,
pedestrians facing any green signal, except when the sole
green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular
yellow or yellow arrow signal is thereby warned that the
related green movement is being terminated or that a red
indication will be exhibited immediately thereafter.
2. Pedestrians facing a steady circular yellow or
yellow arrow signal, unless otherwise directed by a
pedestrian-control signal as provided in Section 11-307,
are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway.
(c) Steady red indication.
1. Except as provided in paragraph 3 of this
subsection (c) of this Section, vehicular traffic facing
a steady circular red signal alone shall stop at a
clearly marked stop line, but if there is no such stop
line, before entering the crosswalk on the near side of
the intersection, or if there is no such crosswalk, then
before entering the intersection, and shall remain
standing until an indication to proceed is shown.
2. Except as provided in paragraph 3 of this
subsection (c) of this Section, vehicular traffic facing
a steady red arrow signal shall not enter the
intersection to make the movement indicated by the arrow
and, unless entering the intersection to make a movement
permitted by another signal, shall stop at a clearly
marked stop line, but if there is no such stop line,
before entering the crosswalk on the near side of the
intersection, or if there is no such crosswalk, then
before entering the intersection, and shall remain
standing until an indication permitting the movement
indicated by such red arrow is shown.
3. Except when a sign is in place prohibiting a
turn and local authorities by ordinance or State
authorities by rule or regulation prohibit any such turn,
vehicular traffic facing any steady red signal may
cautiously enter the intersection to turn right, or to
turn left from a one-way street into a one-way street,
after stopping as required by paragraph 1 or paragraph 2
of this subsection (c) of this Section. After stopping,
the driver shall yield the right of way to any vehicle in
the intersection or approaching on another roadway so
closely as to constitute an immediate hazard during the
time such driver is moving across or within the
intersection or junction or roadways. Such driver shall
yield the right of way to pedestrians within the
intersection or an adjacent crosswalk.
4. Unless otherwise directed by a
pedestrian-control signal as provided in Section 11-307,
pedestrians facing a steady circular red or red arrow
signal alone shall not enter the roadway.
5. A municipality with a population of 1,000,000 or
more may enact an ordinance that provides for the use of
an automated red light enforcement system to enforce
violations of this subsection (c) that result in or
involve a motor vehicle accident, leaving the scene of a
motor vehicle accident, or reckless driving that results
in bodily injury.
This paragraph 5 is subject to prosecutorial
discretion that is consistent with applicable law.
(d) In the event an official traffic control signal is
erected and maintained at a place other than an intersection,
the provisions of this Section shall be applicable except as
to provisions which by their nature can have no application.
Any stop required shall be at a traffic sign or a marking on
the pavement indicating where the stop shall be made or, in
the absence of such sign or marking, the stop shall be made
at the signal.
(e) The motorman of any streetcar shall obey the above
signals as applicable to vehicles.
(Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person has
previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for use of the interlock system.
(Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
90-779, eff. 1-1-99; revised 9-16-98.)
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating
compound or compounds related suspension; implied consent.
(a) Any person who drives or is in actual physical
control of a motor vehicle upon the public highways of this
State shall be deemed to have given consent, subject to the
provisions of Section 11-501.2, to a chemical test or tests
of blood, breath, or urine for the purpose of determining the
content of alcohol, other drug or drugs, or intoxicating
compound or compounds or any combination thereof in the
person's blood if arrested, as evidenced by the issuance of a
Uniform Traffic Ticket, for any offense as defined in Section
11-501 or a similar provision of a local ordinance. The test
or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person
submit to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a
Uniform Traffic Ticket for an offense as defined in Section
11-501 or a similar provision of a local ordinance prior to
requesting that the person submit to the test or tests. The
issuance of the Uniform Traffic Ticket shall not constitute
an arrest, but shall be for the purpose of notifying the
person that he or she is subject to the provisions of this
Section and of the officer's belief of the existence of
probable cause to arrest. Upon returning to this State, the
officer shall file the Uniform Traffic Ticket with the
Circuit Clerk of the county where the offense was committed,
and shall seek the issuance of an arrest warrant or a summons
for the person.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of
Section 11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test will
result in the statutory summary suspension of the person's
privilege to operate a motor vehicle as provided in Section
6-208.1 of this Code. The person shall also be warned by the
law enforcement officer that if the person submits to the
test or tests provided in paragraph (a) of this Section and
the alcohol concentration in the person's blood or breath is
0.08 or greater, or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of
cannabis as covered by the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act is detected in the person's blood or urine, a
statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and
11-501.1 of this Code, will, be imposed.
A person who is under the age of 21 at the time the
person is requested to submit to a test as provided above
shall, in addition to the warnings provided for in this
Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or
tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is
greater than 0.00 and less than 0.08, a suspension of the
person's privilege to operate a motor vehicle, as provided
under Sections 6-208.2 and 11-501.8 of this Code, will be
imposed. The results of this test shall be admissible in a
civil or criminal action or proceeding arising from an arrest
for an offense as defined in Section 11-501 of this Code or a
similar provision of a local ordinance or pursuant to Section
11-501.4 in prosecutions for reckless homicide brought under
the Criminal Code of 1961. These test results, however, shall
be admissible only in actions or proceedings directly related
to the incident upon which the test request was made.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
the person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, the
law enforcement officer shall immediately submit a sworn
report to the circuit court of venue and the Secretary of
State, certifying that the test or tests was or were
requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that
disclosed an alcohol concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law
enforcement officer submitted under paragraph (d), the
Secretary of State shall enter the statutory summary
suspension for the periods specified in Section 6-208.1, and
effective as provided in paragraph (g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State.
(f) The law enforcement officer submitting the sworn
report under paragraph (d) shall serve immediate notice of
the statutory summary suspension on the person and the
suspension shall be effective as provided in paragraph (g).
In cases where the blood alcohol concentration of 0.08 or
greater or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act is established by a subsequent analysis of
blood or urine collected at the time of arrest, the arresting
officer or arresting agency shall give notice as provided in
this Section or by deposit in the United States mail of the
notice in an envelope with postage prepaid and addressed to
the person at his address as shown on the Uniform Traffic
Ticket and the statutory summary suspension shall begin as
provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a
form prescribed by the Secretary of State, that will allow
that person to drive during the periods provided for in
paragraph (g). The officer shall immediately forward the
driver's license or permit to the circuit court of venue
along with the sworn report provided for in paragraph (d).
(g) The statutory summary suspension referred to in this
Section shall take effect on the 46th day following the date
the notice of the statutory summary suspension was given to
the person.
(h) The following procedure shall apply whenever a
person is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date
of the suspension to the person and the court of venue.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the confirmation of the statutory summary suspension shall
not be mailed to the person or entered to the record;,
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
revised 10-31-98.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident - chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
Public Health or to a chemical test or tests of blood,
breath, or urine for the purpose of determining the content
of alcohol, other drug or drugs, or intoxicating compound or
compounds of such person's blood if arrested as evidenced by
the issuance of a Uniform Traffic Ticket for any violation of
the Illinois Vehicle Code or a similar provision of a local
ordinance, with the exception of equipment violations
contained in Chapter 12 of this Code, or similar provisions
of local ordinances. The test or tests shall be administered
at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate
which of the aforesaid tests shall be administered. A urine
test may be administered even after a blood or breath test or
both has been administered. Compliance with this Section
does not relieve such person from the requirements of Section
11-501.1 of this Code.
(b) Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if
a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle accident, any physician licensed to
practice medicine, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, no such testing shall be performed until,
in the opinion of the medical personnel on scene, the
withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis, as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act as detected in such person's
blood or urine, may result in the suspension of such person's
privilege to operate a motor vehicle. The length of the
suspension shall be the same as outlined in Section 6-208.1
of this Code regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
such person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act, the law enforcement officer
shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that
the test or tests were requested pursuant to subsection (a)
and the person refused to submit to a test or tests or
submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in such person's blood or urine,
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension to the
individual's driving record and the suspension shall be
effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension shall be effective on the 46th day
following the date notice was given.
In The cases where the blood alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis as listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act, is established by a subsequent
analysis of blood or urine collected at the time of arrest,
the arresting officer shall give notice as provided in this
Section or by deposit in the United States mail of such
notice in an envelope with postage prepaid and addressed to
such person at his address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day
following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the
suspension to the driver by mailing a notice of the effective
date of the suspension to the individual. However, should
the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the
suspension shall not be mailed to the person or entered to
the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension of his driving
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At
the conclusion of a hearing held under Section 2-118 of this
Code, the Secretary may rescind, continue, or modify the
order of suspension. If the Secretary does not rescind the
order, a restricted driving permit may be granted by the
Secretary upon application being made and good cause shown.
A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of this Code.
The provisions of Section 6-206 of this Code shall apply.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a
doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from
the scene.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
revised 10-31-98.)
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle
upon the public highways of this State shall be deemed to
have given consent to a chemical test or tests of blood,
breath, or urine for the purpose of determining the alcohol
content of the person's blood if arrested, as evidenced by
the issuance of a Uniform Traffic Ticket for any violation of
the Illinois Vehicle Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical
condition or other first hand knowledge of the police
officer. The test or tests shall be administered at the
direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be
administered even after a blood or breath test or both has
been administered.
(b) A person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following
provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of Public Health in consultation with the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of the Department of Public Health, in
consultation with the Department of State Police, is
authorized to approve satisfactory techniques or methods,
to ascertain the qualifications and competence of
individuals to conduct analyses, to issue permits that
shall be subject to termination or revocation at the
direction of that Department, and to certify the accuracy
of breath testing equipment. The Illinois Department of
Public Health shall prescribe regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of
a licensed physician may withdraw blood for the purpose
of determining the alcohol content therein. This
limitation does not apply to the taking of breath or
urine specimens.
(iii) The person tested may have a physician,
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer a
chemical test or tests in addition to any test or tests
administered at the direction of a law enforcement
officer. The failure or inability to obtain an
additional test by a person shall not preclude the
consideration of the previously performed chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or that
person's attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as
a result of a motor vehicle accident, a physician
licensed to practice medicine, registered nurse, or other
qualified person trained in venipuncture and acting under
the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of more than 0.00, may result in the loss of that person's
privilege to operate a motor vehicle. The loss of driving
privileges shall be imposed in accordance with Section
6-208.2 of this Code.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of more than 0.00,
the law enforcement officer shall immediately submit a sworn
report to the Secretary of State on a form prescribed by the
Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to
submit to a test or tests or submitted to testing which
disclosed an alcohol concentration of more than 0.00. The
law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under
Section 11-501.1 of this Code and the testing discloses an
alcohol concentration of more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the driver's
license sanction on the individual's driving record and the
sanctions shall be effective on the 46th day following the
date notice of the sanction was given to the person. If this
sanction is the individual's first driver's license
suspension under this Section, reports received by the
Secretary of State under this Section shall, except during
the time the suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities, the Secretary of State, or the
individual personally.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this driver's license
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood or
urine, the police officer or arresting agency shall give
notice as provided in this Section or by deposit in the
United States mail of that notice in an envelope with postage
prepaid and addressed to that person at his last known
address and the loss of driving privileges shall be effective
on the 46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
driver's license sanction to the driver by mailing a notice
of the effective date of the sanction to the individual.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the notice of the driver's license sanction may not be mailed
to the person or entered to the driving record, but rather
the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this driver's license sanction
by requesting an administrative hearing with the Secretary of
State in accordance with Section 2-118 of this Code. An
individual whose blood alcohol concentration is shown to be
more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this
Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended
dosage of medicine that contained alcohol. The petition for
that hearing shall not stay or delay the effective date of
the impending suspension. The scope of this hearing shall be
limited to the issues of:
(1) whether the police officer had probable cause
to believe that the person was driving or in actual
physical control of a motor vehicle upon the public
highways of the State and the police officer had reason
to believe that the person was in violation of any
provision of the Illinois Vehicle Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or
a similar provision of a local ordinance; and
(3) whether the police officer had probable cause
to believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle
would be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and or
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical
test or tests and the test or tests disclose an alcohol
concentration of more than 0.00, and the person did
submit to and complete the test or tests that determined
an alcohol concentration of more than 0.00; and
(6) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol in the performance of a
religious service or ceremony; and or
(7) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol through ingestion of the
prescribed or recommended dosage of medicine.
Provided that the petitioner may subpoena the officer,
the hearing may be conducted upon a review of the law
enforcement officer's own official reports. Failure of the
officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the
continuance is appropriate. At the conclusion of the
hearing held under Section 2-118 of this Code, the Secretary
of State may rescind, continue, or modify the driver's
license sanction. If the Secretary of State does not rescind
the sanction, a restricted driving permit may be granted by
the Secretary of State upon application being made and good
cause shown. A restricted driving permit may be granted to
relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of
part (c) of Section 6-206 of this Code. The provisions of
item (3) of part (c) of Section 6-206 of this Code shall
apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance
of a restricted driving permit for suspensions imposed under
this Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing
held under Section 2-118 of this Code. However, the results
of the testing may not be used to impose driver's license
sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary
suspension of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic
Ticket for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in
the Circuit Court of Sangamon County or in the Circuit Court
of Cook County, and the provisions of the Administrative
Review Law and its rules are hereby adopted and shall apply
to and govern every action for the judicial review of final
acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured; and
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted while the towing vehicle is engaged in towing
on a highway during all times when the use of headlights
is required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Rescue squad vehicles not owned by a fire
department and On vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad; or
paid or unpaid member of a voluntary ambulance
unit.;
rescue squad vehicles not owned by a fire
department.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively
as organ transport vehicles when used in combination with
red oscillating, rotating, or flashing lights;
furthermore, these lights shall only be lighted when the
transportation is declared an emergency by a member of
the transplant team or a representative of the organ
procurement organization.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities and contractors
may be so equipped; furthermore, such lights shall not be
lighted except while such vehicles are engaged in highway
maintenance or construction operations within the limits of
highway construction projects.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97;
90-330, eff. 8-8-97; 90-347, eff. 1-1-98; 90-655, eff.
7-30-98; revised 10-31-98.)
(625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
Sec. 15-302. Fees for special permits. The Department
with respect to highways under its jurisdiction shall collect
a fee from the applicant for the issuance of a permit to
operate or move a vehicle or combination of vehicles or load
as authorized in Section 15-301. The charge for each permit
shall consist of:;
1. a service charge for special handling of a
permit when requested by an applicant;
2. fees for any dimension, axle weight or gross
weight in excess of the maximum size or weight specified
in this Chapter; and
3. additional fees for special investigations as in
Section 15-311 and special police escort as in Section
15-312 when required.
With respect to overweight fees, the charge shall be
sufficient to compensate in part for the cost of the extra
wear and tear on the mileage of highways over which the load
is to be moved. With respect to over-dimension permits, the
fee shall be sufficient to compensate in part for the special
privilege of transporting oversize vehicle or vehicle
combination and load and to compensate in part for the
economic loss of operators of vehicles in regular operation
due to inconvenience occasioned by the oversize movements.
Fees to be paid by the applicant are to be at the rates
specified in this Chapter. In determining the fees in Section
15-306 and paragraph (f) of Section 15-307, all weights shall
be to the next highest 1,000 pounds and all distances shall
be determined from the Illinois Official Highway Map.
For repeated moves of like objects which cannot be
dismantled or disassembled and which are monolithically
structured for permanent use in the transported form, the
fees specified in Sections 15-305, 15-306 and 15-307 for
other than the first move shall be reduced by $4 provided the
objects are to be moved from the same origin to the same
destination, the number of trips will not be less than 5, the
trips will be completed within 30 days, and all applications
are submitted at one time. Round trip permits shall be the
same as a single trip permit except the fee shall be computed
based upon the total distance traveled, and shall be for the
same vehicle, vehicle combination or like load traveling both
directions over the same route, provided a description
including make and model of the equipment being transported
is furnished to the Department, except that a vehicle
combination registered by the Department as provided in
Section 15-319 may be one of the same class. Limited
continuous operation permits are to be valid for a period of
90 days or one year, and shall be for the same vehicle,
vehicle combination or like load.
(Source: P.A. 89-219, eff. 1-1-96; revised 10-31-98.)
(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104. Penalties for misdemeanor. (a) Every person
convicted of a violation of any provision of this Code Act
for which another penalty is not provided shall, for a first
or second conviction thereof, be guilty of a petty offense ;
and, for a third or subsequent conviction within one year
after the first conviction, such person shall be guilty of a
Class C misdemeanor.
(Source: P.A. 80-911; revised 10-31-98.)
(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
Sec. 18a-501. Liens against relocated vehicles.
Unauthorized vehicles removed and stored by a commercial
vehicle relocator in compliance with this Chapter shall be
subject to a possessory lien for services pursuant to the
Labor and Storage Lien (Small Amount) Act "An Act concerning
liens for labor, services, skill or materials furnished upon
or storage furnished for chattels", and the provisions of
Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302
and item (10) subsection (6) of Section 18a-300. In no event
shall such lien be greater than the rate or rates established
in accordance with item (6) of Section 18a-200 18a-200(3).
In no event shall such lien be increased or altered to
reflect any charge for services or materials rendered in
addition to those authorized by this Act. Every such lien
shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed
credit card receipt, a relocator shall become a holder in due
course, and neither the holder of the credit card nor the
company which issued the credit card may thereafter refuse to
remit payment in the amount shown on the credit card receipt
minus the ordinary charge assessed by the credit card company
for processing the charge. The Commission may adopt
regulations governing acceptance of credit cards by a
relocator.
(Source: P.A. 85-923; revised 10-31-98.)
(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102. Legislative Intent. The General Assembly
finds that:
(a) a comprehensive recodification of existing
transportation regulatory statutes is needed to delete
obsolete provisions and facilitate a coordinated approach
to regulation of motor carriers, rail carriers, and
brokers;
(b) the accelerating pace of change in the
transportation industry, as an outgrowth of changing
economic conditions and federal legislation, necessitates
the streamlining of regulatory procedures to allow for
prompt action to protect the interests of the people of
the State of Illinois; and
(c) an increasing incidence of unlawful activity by
unlicensed carriers and others has rendered existing
enforcement mechanisms inadequate.; and
(d) Where the language of any provision in this Chapter
is substantially similar to the language in the predecessor
statute, the legislative intent expressed in this Chapter
shall be the same as the legislative intent embodied in the
predecessor statute as construed by the courts of this State
and, where appropriate, reports of the Illinois Motor Vehicle
Laws Commission.
(Source: P.A. 89-42, eff. 1-1-96; revised 10-31-98.)
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205. Qualifications of Transportation
Compliance Program Staff.
(1) General provisions. The manager of the
Transportation Division shall establish and adhere to written
professional standards and procedures for the employment,
education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and
procedures shall include:
(a) Merit standards and procedures, and education
requirements, applicable to State troopers, and training
requirements at least equivalent to that received from a
police training school approved by the Illinois Local
Governmental Law Enforcement Officers Training Standards
Board, together with such additional qualifications as
are needed under this Chapter, for all nonclerical field
operations personnel;
(b) Successful completion of an accredited
accounting or transportation-related education program,
or at least 4 years experience in motor carrier rate
analysis or auditing, plus such additional qualifications
as are needed under this Chapter, for all nonclerical
rate auditing personnel; and
(c) Successful completion of an accredited legal or
paralegal education program, or equivalent administrative
law experience, plus such additional qualifications as
are needed under this Chapter, for all nonclerical civil
penalties program personnel.
(2) Merit Selection Committee. Standards and procedures
under this Section for police shall include the establishment
of one or more merit selection committees, each composed of
one Commission employee and no fewer than 3, nor more than 5,
persons who are not employed by the Commission, each of whom
shall from time to time be designated by the division
manager, subject to the approval of the Commission. The
division manager shall submit a list of candidates to the
committee or subcommittee thereof for its consideration. The
committee or subcommittee thereof shall interview each
candidate on the list and rate those interviewed as "most
qualified", "qualified", or "not qualified". The committee
shall recommend candidates rated "most qualified" and
"qualified" to the division manager. In filling positions to
which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all
persons rated "most qualified" have been offered the position
and each failed to accept the offer within the time specified
by the division manager in the offer, the position may be
offered to a person rated "qualified". Only persons rated
"most qualified" or "qualified" shall be offered positions
within the Compliance Program.
(Source: P.A. 88-415; 89-444, eff. 1-25-96; revised 7-10-98.)
(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705. Expedited Enforcement Procedures. (1)
Expedited procedures. The Commission shall, within 60 days
from the effective date of this amendatory Act of 1987,
implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement
Proceedings. The Transportation Division Manager or his
designee shall have the power to issue, or refuse to issue, a
notice or citation instituting an administrative enforcement
proceeding.
(b) Settlement of Enforcement Proceedings by
Stipulation.
(i) Power to Negotiate Settlements. The
Transportation Division Manager or his designee shall
have the power to negotiate and sign proposed settlements
of enforcement proceedings by written stipulation.
(ii) Review and Acceptance of Stipulations. The
Commission shall provide for any appropriate and
necessary review of proposed settlements within 30 days
after a stipulation is signed by the parties. Unless a
stipulation is suspended for review by order of the
Commission served within 30 calendar days after it was
signed by the parties, it shall be deemed accepted by
operation of law. A stipulation which has been suspended
for review shall likewise be deemed accepted by operation
of law unless it is rejected by order of the Commission
served within 45 days after it was suspended. A
stipulation which is deemed accepted under this
sub-paragraph shall become effective and shall be
enforceable in the same manner as an order of the
Commission.
(iii) Administrative Appeal of Settlements.
Administrative appeal of a stipulation which has been
approved by order of the Commission or by operation of
law shall be by motion for rehearing or reconsideration
in accordance with Section 18c-2110 of this Chapter. The
right to administratively appeal a settlement may be
waived by written stipulation.
(Source: P.A. 86-1005; 86-1166; revised 10-31-98.)
(625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
Sec. 18c-2402. Venue and Jurisdiction in Actions to
Enforce this Chapter.
(1) Venue.
(a) Venue in Suits for Criminal Misdemeanor Penalties.
Actions in which criminal misdemeanor penalties are sought
may be brought in the county where any part of the subject
matter is located, or part of the violation(s) occurred, or
the arrest was made, and venue shall lie in that county; the
case may be transferred to another county only with the
approval of the court and the agreement of the parties.
(b) Venue in Actions Other Than Suits for Criminal
Penalties. Actions to enforce this Chapter, Commission
regulations and orders, other than suits for criminal
misdemeanor penalties, may be brought in the circuit courts
of any county in which any part of the subject matter is
located, or any part of the violation(s) occurred; the case
may be transferred to another county only with the approval
of the court and the agreement of the parties.
(Source: P.A. 85-553; revised 10-31-98.)
(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on Vehicles.
(1) General Requirements to be Prescribed by Commission.
Except as otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the public roads
of this State unless there is painted or affixed to both
sides of the cab or power unit, in accordance with such
specifications as the Commission may prescribe, the trade
name of the carrier as it appears on the carrier's license or
the carrier's recognized logo, together with the license and
registration number of the carrier. Likewise, no interstate
carrier shall operate any motor vehicle upon the public roads
of this State unless there is painted or affixed to both
sides of the cab or power unit, in accordance with such
specifications as the Commission may prescribe, the
registration or authority number of the carrier.
(2) Use of ICC-Prescribed Identification. Identifying
information prescribed by the Interstate Commerce Commission
may be used in satisfaction of requirements established under
this Section, including special orders granting a petition
for waiver of Sections 1057.22(a) and 1057.22(c)(2) and (4),
as they relate to equipment receipts, of the Lease and
Interchange of Vehicle Regulations (49 CFR CRF 1057), in lieu
of numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any
other provision of this Section to the contrary, a motor
vehicle trip leased in accordance with this Chapter,
Commission regulations and orders shall not be required to
bear the name and license number of the lessee if:
(a) the motor vehicle bears the name and license or
registration number of the lessor in accordance with
subsection (1) of this Section, Commission regulations
and orders;
(b) the lessor and lessee are commonly-owned; and
(c) the vehicle carries a photocopy of a letter
signed by the lessor, on file with the Commission,
stating that the lessor and lessee are commonly-owned.
(4) Rules not superseded. The authority of the Illinois
Commerce Commission to regulate the identification of motor
vehicles of intrastate and interstate carriers, engaged in
the transportation of hazardous materials, shall not
supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor
Carrier Safety regulations Part 390.21, as relates now or
hereafter to the markings and identification of such
vehicles.
(5) Identification on vehicles under 9,000 pounds gross
vehicle weight (GVW). Vehicles with a gross vehicle weight
(GVW) less than 9,000 pounds may, in lieu of identification
required under subsection (1) of this Section display the
trade name of the carrier as it appears on the carrier's
license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner
as to be clearly legible and visible from both sides of the
vehicle at a distance of 25 feet, when the vehicle is not in
motion, and in accordance with such specifications as the
Commission may prescribe.
(Source: P.A. 88-415; revised 10-31-98.)
(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102. Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as
provided in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school
district, institution of higher education, or municipality,
and operated either by such political subdivision,
institution of higher education, or municipality or its
lessee or agent;
(2) commuter vans as defined in this The Illinois
Vehicle Code;
(3) carriers transporting passengers without fixed
routes or schedules and charging on a time or distance basis,
including taxicabs, charter operations, and contract bus
operations;
(4) carriers transporting passengers with fixed routes
and schedules and charging on a per passenger fixed charge
basis and which do not include an airport as a point to be
served on the route, in whole or in part;.
(5) transportation in vehicles with a manufacturer's
rated seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing
Arrangements Act;
(7) commuter buses offering short-haul for-hire
regularly scheduled passenger transportation service within
metropolitan and suburban areas, over regular routes with
fixed schedules, and utilized primarily by passengers using
reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from
their places of employment; and
(8) those persons owning and operating school buses, as
defined in this The Illinois Vehicle Code, and regulated by
other provisions of this that Code.
(Source: P.A. 90-407, eff. 8-15-97; revised 10-31-98.)
Section 232. The Ridesharing Arrangements Act is amended
by changing Section 6 as follows:
(625 ILCS 30/6) (from Ch. 95 1/2, par. 906)
Sec. 6. (a) The operator of a ridesharing arrangement
may charge his or her passengers a fee in excess of the
amount required to reimburse the operator him for his or her
expenses, if:
(1) the operator makes no more than 2 round trips
per day in the course of operating any ridesharing
arrangement;
(2) any passenger so charged is a person whom the
operator has agreed to transport in advance of such
person presenting himself or herself at the pickup point;
and
(3) the operator complies with Sections 6-106.4,
12-707 and 12-707.01 of the Illinois Vehicle Code.
(b) A for-profit ridesharing arrangement may, but need
not, be organized as a sole proprietorship, or as any other
appropriate form of business entity.
(Source: P.A. 83-1091; revised 10-31-98.)
Section 233. The Snowmobile Registration and Safety Act
is amended by changing Section 5-2 as follows:
(625 ILCS 40/5-2) (from Ch. 95 1/2, par. 605-2)
Sec. 5-2. Operation on Highways.) It is unlawful for
any person to drive or operate any snowmobile on a highway in
this State except as follows:
A. On highways other than tollways, interstate highways
and fully or limited access-controlled highways snowmobiles
may make a direct crossing provided:
(1) the crossing is made at an angle of
approximately 90 degrees to the direction of the highway
and at a place where no obstruction prevents a quick and
safe crossing; and
(2) the snowmobile is brought to a complete stop
before crossing a roadway; and
(3) the operator yields the right of way to all
oncoming traffic which constitutes a hazard.
B. On highways other than tollways, interstate highways
and fully or limited access-controlled highways snowmobiles
may be operated not less than 10 feet from the roadway and in
the same direction as traffic. On such highways, other than
State highways, the corporate authorities of a city, village
or incorporated town may adopt ordinances providing for
variance from the 10-foot separation requirement of this
subsection, including ordinances permitting the operation of
snowmobiles upon the roadways of such highways, other than
State highways, within city, village or town limits. In
addition, the corporate authorities of any unit of local
government with jurisdiction over such highways may adopt
ordinances authorizing the operation of snowmobiles within 10
feet of the roadway to avoid obstructions or hazardous
terrain. Other than for State highways, corporate authorities
of a city, village or incorporated town may adopt ordinances
providing for trails, including the designation of the
roadways of highways referred to in this paragraph as
snowmobile trails, and regulating snowmobile operation within
city, village or town limits.
C. On highways other than tollways, interstate highways
and fully or limited access-controlled highways snowmobiles
may be operated on roadways when it is necessary to cross a
bridge or culvert or when it is impracticable to gain
immediate access to an area adjacent to a highway where a
snowmobile is to be operated.
D. Corporate authorities of a city, village or
incorporated town may by ordinance designate 1 or more
specific public highways or streets within their jurisdiction
as egress and ingress routes for the use of snowmobiles. In
the event that such public highways or streets are under the
jurisdiction of the State of Illinois, express expressed
written consent of the Illinois Department of Transportation
shall be required. Corporate authorities acting under the
authority of this paragraph D shall erect and maintain signs
giving proper notice thereof.
E. Snowmobiles may be lawfully driven or operated upon
those highways where posted with signs giving proper notice
and erected and maintained by the township road commissioner.
A township or township road commissioner shall not be liable
for any personal injuries caused as a result of the operation
of a snowmobile on such highways. For purposes of this
paragraph E, "highways" are defined as township roads
pursuant to Section 2-205 of the Illinois Highway Code.
(Source: P.A. 84-151; 84-973; revised 10-31-98.)
Section 234. The Boat Registration and Safety Act is
amended by changing Sections 3A-2, 3A-3, and 5-18 as follows:
(625 ILCS 45/3A-2) (from Ch. 95 1/2, par. 313A-2)
Sec. 3A-2. Voluntary titling. (a) The owner of any
watercraft exempt from Section 3A-1(a) of this Act may apply
to the Department of Natural Resources for a certificate of
title by filing an application accompanied by the prescribed
fee. Any owner exempt from this Act who obtains a
certificate of title must also obtain a certificate of number
as prescribed in Section 3-9 313-9 of this Act.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
Sec. 3A-3. Application for first certificate of title.
(a) The application for the first certificate of title
in this State must be made by the owner to the Department of
Natural Resources on the form prescribed and must contain:
1. The name, residence and mail address of the
owner;
2. A description of the watercraft so far as the
following data exists: Its make, model, year of
manufacture, manufacturer's serial number or builder's
hull number, length and principal material used in
construction;
3. The date of purchase by applicant, the name and
address of the person from whom the watercraft was
acquired and the names and addresses of any lienholders
in the order of their priority and the dates of their
security agreements; and
4. (a) Any further information the Department of
Natural Resources reasonably requires to identify the
watercraft and to enable the Department to determine
whether the owner is entitled to a certificate of title
and the existence or nonexistence of security interests
in the watercraft.
(b) If the application refers to a watercraft purchased
from a dealer, it must contain the name and address of any
lienholder holding a security interest created or reserved at
the time of the sale and the date of his security agreement
and be signed by the dealer as well as the owner, and the
dealer must within 15 days mail or deliver the application to
the Department of Natural Resources.
(c) If the application refers to a watercraft last
previously registered in another State or country, the
application must contain or be accompanied by:
1. Any certificate of title issued by the other
State or country;, and
2. Any other information and documents the
Department of Natural Resources reasonably requires to
establish ownership and the existence or nonexistence of
security interests.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
Sec. 5-18. No person under 10 years of age may operate a
motorboat. Persons at least 10 years of age and less than 12
years of age may operate a motorboat only if they are
accompanied on the motorboat and under the direct control of
a parent or guardian or a person at least 18 years of age
designated by a parent or guardian. Persons at least 12
years of age and less than 18 years of age may operate a
motorboat only if they are accompanied on the motorboat and
under the direct control of a parent or guardian or a person
at least 18 years of age designated by a parent or guardian,
or such motorboat operator is in possession of a Boating
Safety Certificate issued by the Department of Natural
Resources, Division of Law Enforcement, authorizing the
holder to operate motorboats.
Violations of this Section done with the knowledge of a
parent or guardian shall be deemed a violation by the parent
or guardian and punishable under Section 11A-1 11-6.
The Department of Natural Resources, Division of Law
Enforcement, shall establish a program of instruction on
boating safety, laws, regulations and administrative laws,
and any other subject matter which might be related to the
subject of general boat safety. The program shall be
conducted by instructors certified by the Department of
Natural Resources, Division of Law Enforcement. The course
of instruction for persons certified to teach boating safety
shall be not less than 8 hours in length, and the Department
shall have the authority to revoke the certification of any
instructor who has demonstrated his inability to conduct
courses on the subject matter. Students satisfactorily
completing a program of not less than 8 hours in length shall
receive a certificate of safety from the Department of
Natural Resources, Division of Law Enforcement. The
Department may cooperate with schools, private clubs and
other organizations in offering boating safety courses
throughout the State of Illinois.
The Department shall issue certificates of boating safety
to persons 10 years of age or older successfully completing
the prescribed course of instruction and passing such tests
as may be prescribed by the Department. The Department may
charge each person who enrolls in a course of instruction a
fee not to exceed $5. If a fee is authorized by the
Department, the Department shall authorize instructors
conducting such courses meeting standards established by it
to charge for the rental of facilities or for the cost of
materials utilized in the course. Fees retained by the
Department shall be utilized to defray a part of its expenses
to operate the safety and accident reporting programs of the
Department.
A person over the age of 12 years who holds a valid
certificate issued by another state, a province of the
Dominion of Canada, the United States Coast Guard Auxiliary
or the United States Power Squadron need not obtain a
certificate from the Department if the course content of the
program in such other state, province or organization
substantially meets that established by the Department under
this Section. A certificate issued by the Department or by
another state, province of the Dominion of Canada or approved
organization shall not constitute an operator's license, but
shall certify only that the student has successfully passed a
course in boating safety instruction.
The Department of Natural Resources, Division of Law
Enforcement, shall implement and enforce the provisions of
this Section.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 235. The Clerks of Courts Act is amended by
changing Section 27.1 as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $50 as a fee
for the services of a jury. The jury fee shall be
paid by the defendant at the time of filing his or
her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case
shall be tried by the court without a jury.
(d) Other Civil Cases
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance
In civil cases.......... $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment
From a court, the same fee as if case
originally filed.
(t) Publications
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for administering the
collection and distribution of maintenance and
child support payments. Such sum shall be in
addition to and separate from amounts ordered to be
paid as maintenance or child support and shall be
deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to further maintenance and child support collection
efforts in his office. Unless paid in cash or
pursuant to an order for withholding, the payment
of the fee shall be by a separate instrument from
the support payment and shall be made to the order
of the Clerk. The Clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this
annual fee.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search
For searching a record, per year searched..... $4
(x) Printed Output
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons
For each alias summons issued................. $2
(z) Expungement of Records
For each expungement petition filed........... $15
(aa) Other Fees
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws and ordinances. The fee requirements of this Section
shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by
a private owner or tenant of real property within 1200
feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(cc) Adoptions
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk and approved by the chief judge of the circuit
court. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request and approved by the chief judge of the circuit
court. Nothing in this subsection shall be as agreed to
between the clerk and the party making the request.
Nothing in this subsection shall be construed to require
any clerk to provide any service not otherwise required
by law.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
12-31-98.)
Section 236. The Juvenile Court Act of 1987 is amended
by changing Sections 1-3, 1-4, 1-5, 1-7, 1-8, 2-4, 2-16,
2-17.1, 2-27, 2-28, 2-30, 3-18, 3-31, 4-15, 4-28, 5-135,
5-525, 5-805, 6-1, 6-9, and 6-10 and adding Section 1-18 as
follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless
the context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15 or 4-12 that a minor under 18 years of age is abused,
neglected or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care
facility legally authorized or licensed by this State for
placement or institutional care or for both placement and
institutional care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including familial,
cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care for
the child.
(4.1) "Chronic truant" shall have the definition
ascribed to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(7) "Emancipated minor" means any minor 16 years of age
or over who has been completely or partially emancipated
under the "Emancipation of Mature Minors Act", enacted by the
Eighty-First General Assembly, or under this Act.
(8) "Guardianship of the person" of a minor means the
duty and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or
to a major medical, psychiatric, and surgical treatment;
to represent the minor in legal actions; and to make
other decisions of substantial legal significance
concerning the minor;
(b) the authority and duty of reasonable
visitation, except to the extent that these have been
limited in the best interests of the minor by court
order;
(c) the rights and responsibilities of legal
custody except where legal custody has been vested in
another person or agency; and
(d) the power to consent to the adoption of the
minor, but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which
imposes on the custodian the responsibility of physical
possession of a minor and the duty to protect, train and
discipline him and to provide him with food, shelter,
education and ordinary medical care, except as these are
limited by residual parental rights and responsibilities and
the rights and responsibilities of the guardian of the
person, if any.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means the father or mother of a child and
includes any adoptive parent. It also includes a man (i)
whose paternity is presumed or has been established under the
law of this or another jurisdiction or (ii) who has
registered with the Putative Father Registry in accordance
with Section 12.1 of the Adoption Act and whose paternity has
not been ruled out under the law of this or another
jurisdiction. It does not include a parent whose rights in
respect to the minor have been terminated in any manner
provided by law.
(11.1) "Permanency goal" means a goal set by the court
as defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in
Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12 or 5-520 5-13.
(13) "Residual parental rights and responsibilities"
means those rights and responsibilities remaining with the
parent after the transfer of legal custody or guardianship of
the person, including, but not necessarily limited to, the
right to reasonable visitation (which may be limited by the
court in the best interests of the minor as provided in
subsection (8)(b) of this Section), the right to consent to
adoption, the right to determine the minor's religious
affiliation, and the responsibility for his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Station adjustment" means the informal handling
of an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so
adjudged under Section 2-22, 3-23, 4-20 or 5-705, after a
finding of the requisite jurisdictional facts, and thus is
subject to the dispositional powers of the court under this
Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police officer
by his or her chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under
Section 3-15-2 of the Unified Code of Corrections. "Secure
child care facility" also means a facility that is designed
and operated to ensure that all entrances and exits exists
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.
(Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
revised 1-30-99.)
(705 ILCS 405/1-4) (from Ch. 37, par. 801-4)
Sec. 1-4. Limitations of scope of Act. Nothing in this
Act shall be construed to give: (a) any guardian appointed
hereunder the guardianship of the estate of the minor or to
change the age of minority for any purpose other than those
expressly stated in this Act; or (b) any court jurisdiction,
except as provided in Sections 2-7, 3-6, 3-9, 4-6 and 5-410
5-7, over any minor solely on the basis of the minor's (i)
misbehavior which does not violate any federal or state law
or municipal ordinance, (ii) refusal to obey the orders or
directions of a parent, guardian or custodian, (iii) absence
from home without the consent of his or her parent, guardian
or custodian, or (iv) truancy, until efforts and procedures
to address and resolve such actions by a law enforcement
officer during a period of limited custody, by crisis
intervention services under Section 3-5, and by alternative
voluntary residential placement or other disposition as
provided by Section 3-6 have been exhausted without
correcting such actions.
(Source: P.A. 85-601; revised 8-26-98.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
is the subject of the proceeding and his parents, guardian,
legal custodian or responsible relative who are parties
respondent have the right to be present, to be heard, to
present evidence material to the proceedings, to
cross-examine witnesses, to examine pertinent court files and
records and also, although proceedings under this Act are not
intended to be adversary in character, the right to be
represented by counsel. At the request of any party
financially unable to employ counsel, with the exception of a
foster parent permitted to intervene under this Section, the
court shall appoint the Public Defender or such other counsel
as the case may require. Counsel appointed for the minor and
any indigent party shall appear at all stages of the trial
court proceeding, and such appointment shall continue through
the permanency hearings and termination of parental rights
proceedings subject to withdrawal or substitution pursuant to
Supreme Court Rules or the Code of Civil Procedure. Following
the dispositional hearing, the court may require appointed
counsel, other than counsel for the minor or counsel for the
guardian ad litem, to withdraw his or her appearance upon
failure of the party for whom counsel was appointed under
this Section to attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Each adult respondent
shall be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
(1.5) The Department shall maintain a system of response
to inquiry made by parents or putative parents as to whether
their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the
parents or putative parents to the appropriate court of
jurisdiction, including where inquiry may be made of the
clerk of the court regarding the case number and the next
scheduled court date of the minor's case. Effective notice
and the means of accessing information shall be given to the
public on a continuing basis by the Department.
(2) (a) Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any current or
previously appointed foster parent or relative caregiver, or
representative of an agency or association interested in the
minor has the right to be heard by the court, but does not
thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the
Department of Children and Family Services as custodian of
the minor who is alleged to be or has been adjudicated an
abused or neglected minor under Section 2-3 or a dependent
minor under Section 2-4 of this Act has the right to and
shall be given adequate notice at all stages of any hearing
or proceeding under this Act.
Any foster parent or relative caregiver who is denied his
or her right to be heard under this Section may bring a
mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce
that right. The mandamus action may be brought immediately
upon the denial of those rights but in no event later than 30
days after the foster parent has been denied the right to be
heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have
caused the neglect or to have inflicted the abuse on the
minor, a foster parent may file a motion to intervene in the
proceeding for the sole purpose of requesting that the minor
be placed with the foster parent, provided that the foster
parent (i) is the current foster parent of the minor or (ii)
has previously been a foster parent for the minor for one
year or more, has a foster care license or is eligible for a
license, and is not the subject of any findings of abuse or
neglect of any child. The juvenile court may only enter
orders placing a minor with a specific foster parent under
this subsection (2)(b) and nothing in this Section shall be
construed to confer any jurisdiction or authority on the
juvenile court to issue any other orders requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope
or determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family
Services Act. Nothing in this Section shall relieve the
court of its responsibility, under Section 2-14(a) of this
Act to act in a just and speedy manner to reunify families
where it is the best interests of the minor and the child can
be cared for at home without endangering the child's health
or safety and, if reunification is not in the best interests
of the minor, to find another permanent home for the minor.
Nothing in this Section, or in any order issued by the court
with respect to the placement of a minor with a foster
parent, shall impair the ability of the Department of
Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to
remove a minor from the home of a foster parent if the
Department of Children and Family Services or the person
removing the minor has reason to believe that the
circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an
imminent risk of harm to that minor's life.
(c) If a foster parent has had the minor who is the
subject of the proceeding under Article II in his or her home
for more than one year on or after July 3, 1994 and if the
minor's placement is being terminated from that foster
parent's home, that foster parent shall have standing and
intervenor status except in those circumstances where the
Department of Children and Family Services or anyone else
authorized under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from the foster parent
because of a reasonable belief that the circumstances or
conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-525 and 5-530, as appropriate. At the first
appearance before the court by the minor, his parents,
guardian, custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the parties
of their rights under the first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the parties of their right to appeal therefrom as well as
from any other final judgment of the court.
When the court finds that a child is an abused,
neglected, or dependent minor under Section 2-21, the court
shall admonish the parents that the parents must cooperate
with the Department of Children and Family Services, comply
with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk
termination of their parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative
that the parents must cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is
the subject of the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this Section only persons, including
representatives of agencies and associations, who in the
opinion of the court have a direct interest in the case or in
the work of the court shall be admitted to the hearing.
However, the court may, for the minor's safety and protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the minor's
identity.
(7) A party shall not be entitled to exercise the right
to a substitution of a judge without cause under subdivision
(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned
to a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding
involving the minor's sibling or half sibling.
(Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98;
revised 9-16-98.)
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement records.
(A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:
(1) Any local, State or federal law enforcement
officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the
investigation or prosecution of a crime or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes
the previous offense was committed in furtherance of
criminal activities by a criminal street gang. For
purposes of this Section, "criminal street gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(2) Prosecutors, probation officers, social
workers, or other individuals assigned by the court to
conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for
supervising or providing temporary or permanent care and
custody for minors pursuant to the order of the juvenile
court, when essential to performing their
responsibilities.
(3) Prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-805 5-4; or
(b) when institution of criminal proceedings
has been permitted under Section 5-4 or required
under Section 5-805 5-4 and such minor is the
subject of a proceeding to determine the amount of
bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-805 5-4 and such minor is the subject of a
pre-trial investigation, pre-sentence investigation,
fitness hearing, or proceedings on an application
for probation.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge of the Juvenile Court
and the chief executive of the respective law enforcement
agency; provided that publication of such research
results in no disclosure of a minor's identity and
protects the confidentiality of the minor's record.
(7) Department of Children and Family Services
child protection investigators acting in their official
capacity.
(8) The appropriate school official. Inspection
and copying shall be limited to law enforcement records
transmitted to the appropriate school official by a local
law enforcement agency under a reciprocal reporting
system established and maintained between the school
district and the local law enforcement agency under
Section 10-20.14 of the School Code concerning a minor
enrolled in a school within the school district who has
been arrested or taken into custody for any of the
following offenses:
(i) unlawful use of weapons under Section 24-1
of the Criminal Code of 1961;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
or
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961.
(B) (1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may
knowingly transmit to the Department of Corrections,
Adult Division or the Department of State Police or to
the Federal Bureau of Investigation any fingerprint or
photograph relating to a minor who has been arrested or
taken into custody before his or her 17th birthday,
unless the court in proceedings under this Act authorizes
the transmission or enters an order under Section 5-805
5-4 permitting or requiring the institution of criminal
proceedings.
(2) Law enforcement officers or other persons or
agencies shall transmit to the Department of State
Police copies of fingerprints and descriptions of all
minors who have been arrested or taken into custody
before their 17th birthday for the offense of unlawful
use of weapons under Article 24 of the Criminal Code of
1961, a Class X or Class 1 felony, a forcible felony as
defined in Section 2-8 of the Criminal Code of 1961, or a
Class 2 or greater felony under the Cannabis Control Act,
the Illinois Controlled Substances Act, or Chapter 4 of
the Illinois Vehicle Code, pursuant to Section 5 of the
Criminal Identification Act. Information reported to the
Department pursuant to this Section may be maintained
with records that the Department files pursuant to
Section 2.1 of the Criminal Identification Act. Nothing
in this Act prohibits a law enforcement agency from
fingerprinting a minor taken into custody or arrested
before his or her 17th birthday for an offense other than
those listed in this paragraph (2).
(C) The records of law enforcement officers concerning
all minors under 17 years of age must be maintained separate
from the records of arrests and may not be open to public
inspection or their contents disclosed to the public except
by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-4 or required
under Section 5-805 5-4 or such a person has been convicted
of a crime and is the subject of pre-sentence investigation
or proceedings on an application for probation or when
provided by law.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for
the purpose of the identification or apprehension of any
person subject to the provisions of this Act or for the
investigation or prosecution of any crime.
(E) Law enforcement officers may not disclose the
identity of any minor in releasing information to the general
public as to the arrest, investigation or disposition of any
case involving a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 17 years of age if there are
reasonable grounds to believe that the person poses a real
and present danger to the safety of the public or law
enforcement officers. The information provided under this
subsection (F) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of
a Civil Service Commission or appointing authority of any
state, county or municipality examining the character and
fitness of an applicant for employment with a law enforcement
agency or correctional institution from obtaining and
examining the records of any law enforcement agency relating
to any record of the applicant having been arrested or taken
into custody before the applicant's 17th birthday.
(Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to
a minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes
the previous offense was committed in furtherance of
criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this
Section, "criminal street gang" means any ongoing
organization, association, or group of 3 or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more criminal acts
and that has a common name or common identifying sign,
symbol or specific color apparel displayed, and whose
members individually or collectively engage in or have
engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this
Section, "criminal street gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(3) Judges, hearing officers, prosecutors,
probation officers, social workers or other individuals
assigned by the court to conduct a pre-adjudication or
predisposition investigation, and individuals responsible
for supervising or providing temporary or permanent care
and custody for minors pursuant to the order of the
juvenile court when essential to performing their
responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-805 5-4; or
(b) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-805 5-4 and a minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-805 5-4 and a minor is the subject of a
pre-trial investigation, pre-sentence investigation
or fitness hearing, or proceedings on an application
for probation; or
(d) when a minor becomes 17 years of age or
older, and is the subject of criminal proceedings,
including a hearing to determine the amount of bail,
a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on
an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary
of State, courts, and police officers.
(10) The administrator of a bonafide substance
abuse student assistance program with the permission of
the presiding judge of the juvenile court.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
(1) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is adjudicated a delinquent minor under this Act
under either of the following circumstances:
(A) The adjudication of delinquency was based
upon the minor's commission of first degree murder,
attempt to commit first degree murder, aggravated
criminal sexual assault, or criminal sexual assault;
or
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
act was committed and the adjudication of
delinquency was based upon the minor's commission
of: (i) an act in furtherance of the commission of a
felony as a member of or on behalf of a criminal
street gang, (ii) an act involving the use of a
firearm in the commission of a felony, (iii) an act
that would be a Class X felony offense under or the
minor's second or subsequent Class 2 or greater
felony offense under the Cannabis Control Act if
committed by an adult, (iv) an act that would be a
second or subsequent offense under Section 402 of
the Illinois Controlled Substances Act if committed
by an adult, or (v) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(2) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is at least 13 years of age at the time the offense
is committed and who is convicted, in criminal
proceedings permitted or required under Section 5-4,
under either of the following circumstances:
(A) The minor has been convicted of first
degree murder, attempt to commit first degree
murder, aggravated criminal sexual assault, or
criminal sexual assault,
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
offense was committed and the conviction was based
upon the minor's commission of: (i) an offense in
furtherance of the commission of a felony as a
member of or on behalf of a criminal street gang,
(ii) an offense involving the use of a firearm in
the commission of a felony, (iii) a Class X felony
offense under or a second or subsequent Class 2 or
greater felony offense under the Cannabis Control
Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances
Act, or (v) an offense under Section 401 of the
Illinois Controlled Substances Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13 through 12-16 of
the Criminal Code of 1961, the victim of any such offense
shall receive the rights set out in Sections 4 and 6 of the
Bill of Rights for Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights
to the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any
state, county or municipality examining the character and
fitness of an applicant for employment with a law enforcement
agency or correctional institution to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence
which were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a
crime which would be a felony if committed by an adult, or
following any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
1961, the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide a
copy of the dispositional order to the principal or chief
administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II
of this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that Court
shall request, and the Court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
Court record, including all documents, petitions, and orders
filed therein and the minute orders, transcript of
proceedings, and docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required
by the Department of State Police, the final disposition of
each minor who has been arrested or taken into custody before
his or her 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
7-30-98; revised 8-26-98.)
(705 ILCS 405/1-18 new)
Sec. 1-18. Administrative Office of the Illinois Courts;
report. The Administrative Office of the Illinois Courts
shall study the fiscal impact of the implementation of Public
Act 90-590 (the Juvenile Justice Reform Provisions of 1998)
which is under its authority and submit a report of that
study to the General Assembly within 12 months after the
enactment of that Act. The Administrative Office may, in
addition to other requests, make a request for funding of the
implementation of that Act.
(Source: Incorporates P.A. 90-590, eff. 1-1-99; revised
10-6-98.)
(705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
Sec. 2-4. Dependent minor.
(1) Those who are dependent include any minor under 18
years of age:
(a) who is without a parent, guardian or legal
custodian;
(b) who is without proper care because of the
physical or mental disability of his parent, guardian or
custodian; or
(c) who is without proper medical or other remedial
care recognized under State law or other care necessary
for his or her well being through no fault, neglect or
lack of concern by his parents, guardian or custodian,
provided that no order may be made terminating parental
rights, nor may a minor be removed from the custody of
his or her parents for longer than 6 months, pursuant to
an adjudication as a dependent minor under this
subdivision subsection (c), unless it is found to be in
his or her best interest by the court or the case
automatically closes as provided under Section 2-31 of
this Act; or
(d) who has a parent, guardian or legal custodian
who with good cause wishes to be relieved of all
residual parental rights and responsibilities,
guardianship or custody, and who desires the appointment
of a guardian of the person with power to consent to the
adoption of the minor under Section 2-29.
(2) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian or to a minor solely because his or her parent or
guardian has left the minor for any period of time in the
care of an adult relative.
(Source: P.A. 88-491; 89-21, eff. 7-1-95; revised 10-31-98.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
2-15 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) Where a respondent's usual place of abode is not
known, a diligent inquiry shall be made to ascertain the
respondent's current and last known address. The Department
of Children and Family Services shall adopt rules defining
the requirements for conducting a diligent search to locate
parents of minors in the custody of the Department. If,
after diligent inquiry made at any time within the preceding
12 months, the usual place of abode cannot be reasonably
ascertained, or if respondent is concealing his or her
whereabouts to avoid service of process, petitioner's
attorney shall file an affidavit at the office of the clerk
of court in which the action is pending showing that
respondent on due inquiry cannot be found or is concealing
his or her whereabouts so that process cannot be served. The
affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were
made to effectuate service. Within 3 days of receipt of the
affidavit, the clerk shall issue publication service as
provided below. The clerk shall also send a copy thereof by
mail addressed to each respondent listed in the affidavit at
his or her last known address. The clerk of the court as
soon as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 2-10 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of court directing such shelter care,
the clerk of the court shall cause publication. Notice by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on (insert date) the .... day of ....,
19.. a petition was filed under the Juvenile Court Act of
1987 by .... in the circuit court of .... county entitled
'In the interest of ...., a minor', and that in ....
courtroom at .... on (insert date) the .... day of .... at
the hour of ...., or as soon thereafter as this cause may be
heard, an adjudicatory hearing will be held upon the petition
to have the child declared to be a ward of the court under
that Act. THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE
FROM YOU THE CUSTODY AND GUARDIANSHIP OF THE MINOR, TO
TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A GUARDIAN
WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL
RIGHTS TO YOUR CHILD. IF THE PETITION REQUESTS THE
TERMINATION OF YOUR PARENTAL RIGHTS AND THE APPOINTMENT OF A
GUARDIAN WITH POWER TO CONSENT TO ADOPTION, YOU MAY LOSE ALL
PARENTAL RIGHTS TO THE CHILD. Unless you appear you will not
be entitled to further written notices or publication notices
of the proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any parent, guardian or legal custodian in the
case of a minor described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 2-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(5) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-15.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
eff. 6-30-98; revised 10-20-98.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court may appoint a special advocate upon the
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000, the court
appointed special advocate may also serve as guardian ad
litem by appointment of the court under Section 2-17 of this
Act.
(2) The court appointed special advocate shall act as a
monitor and shall be notified of all administrative case
reviews pertaining to the minor and work with the parties'
attorneys, the guardian ad litem, and others assigned to the
minor's case to protect the minor's health, safety and best
interests and insure the proper delivery of child welfare
services. The court may consider, at its discretion,
testimony of the court appointed special advocate pertaining
to the well-being of the child.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
(4) No person convicted of a criminal offense as
specified in Section 4.2 of the Child Care Act of 1969 and no
person identified as a perpetrator of an act of child abuse
or neglect as reflected in the Department of Children and
Family Services State Central Register shall serve as a court
appointed special advocate.
(5) All costs associated with the appointment and duties
of the court appointed special advocate shall be paid by the
court appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of
services provided to the child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding
that the court appointed special advocate or the guardian ad
litem has acted in a manner contrary to the child's best
interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) (a) In any county in which a program of court
appointed special advocates is in operation, the provisions
of this Section shall apply unless the county board of that
county, by resolution, determines that the county shall not
be governed by this Section.
(8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise
might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any
civil or criminal proceedings, the good faith of any court
appointed special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
revised 10-31-98.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the
minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or custodian, the court may
at this hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of
Children and Family Services, place the minor in the
subsidized guardianship of a suitable relative or other
person as legal guardian; "subsidized guardianship" means
a private guardianship arrangement for children for whom
the permanency goals of return home and adoption have
been ruled out and who meet the qualifications for
subsidized guardianship as defined by the Department of
Children and Family Services in administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) commit the minor to the Department of Children
and Family Services for care and service; however, 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
of Children and Family Services by any court, except a
minor less than 13 years of age and committed to the
Department of Children and Family Services under Section
5-710 of this Act. The Department shall be given due
notice of the pendency of the action and the Guardianship
Administrator of the Department of Children and Family
Services shall be appointed guardian of the person of the
minor. Whenever the Department seeks to discharge a minor
from its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he or she has been appointed guardian at such times
as he or she is unable to perform the duties of his or
her office. The signature authorization shall include but
not be limited to matters of consent of marriage,
enlistment in the armed forces, legal proceedings,
adoption, major medical and surgical treatment and
application for driver's license. Signature
authorizations made pursuant to the provisions of this
paragraph shall be filed with the Secretary of State and
the Secretary of State shall provide upon payment of the
customary fee, certified copies of the authorization to
any court or individual who requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family
preservation and family reunification have been
unsuccessful in rectifying the conditions that have led
to a finding of unfitness or inability to care for,
protect, train, or discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the
order of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court
shall, when appropriate and in the best interest of the
minor, enter an order terminating parental rights and
appointing a guardian with power to consent to adoption in
accordance with Section 2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him or her the legal custodian or
guardian of the person of the minor. When a minor is
committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon him or her in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the
facility must be licensed under the Child Care Act of 1969 or
have been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions
shall be conferred by the court upon any probation officer
who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(6) (Blank).
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
8-22-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655,
eff. 7-30-98; revised 9-16-98.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 or dependent under Section 2-4 of
this Act, unless the minor can be cared for at home without
endangering the minor's health or safety and it is in the
best interests of the minor, and if such neglect, abuse, or
dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue
of the fitness of such parent, guardian or legal custodian to
care for the minor and the court enters an order that such
parent, guardian or legal custodian is fit to care for the
minor.
(2) The first permanency hearing shall be conducted by
the judge. Subsequent permanency hearings may be heard by a
judge or by hearing officers appointed or approved by the
court in the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from
the date temporary custody was taken, (b) if the parental
rights of both parents have been terminated in accordance
with the procedure described in subsection (5) of Section
2-21, within 30 days of the order for termination of parental
rights and appointment of a guardian with power to consent to
adoption, or (c) in accordance with subsection (2) of Section
2-13.1. Subsequent permanency hearings shall be held every 6
months or more frequently if necessary in the court's
determination following the initial permanency hearing, in
accordance with the standards set forth in this Section,
until the court determines that the plan and goal have been
achieved. Once the plan and goal have been achieved, if the
minor remains in substitute care, the case shall be reviewed
at least every 6 months thereafter, subject to the provisions
of this Section, unless the minor is placed in the
guardianship of a suitable relative or other person and the
court determines that further monitoring by the court does
not further the health, safety or best interest of the child
and that this is a stable permanent placement. The
permanency hearings must occur within the time frames set
forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the
agency's failure to timely file its written report (this
written report means the one required under the next
paragraph and does not mean the service plan also referred to
in that paragraph).
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description
of the programs and services that will enable the minor to
prepare for independent living. The agency's written report
must detail what progress or lack of progress the parent has
made in correcting the conditions requiring the child to be
in care; whether the child can be returned home without
jeopardizing the child's health, safety, and welfare, and if
not, what permanency goal is recommended to be in the best
interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party
shall move for the setting of a permanency hearing and the
entry of an order within the time frames set forth in this
subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific
date within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made
reasonable efforts or reasonable progress to date, the
court shall identify what actions the parent and the
Department must take in order to justify a finding of
reasonable efforts or reasonable progress and shall set a
status hearing to be held not earlier than 9 months from
the date of adjudication nor later than 11 months from
the date of adjudication during which the parent's
progress will again be reviewed.
(C) The minor will be in substitute care pending
court determination on termination of parental rights.
(D) Adoption, provided that parental rights have
been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a permanent
basis provided that goals (A) through (D) have been ruled
out.
(F) The minor over age 12 will be in substitute
care pending independence.
(G) The minor will be in substitute care because he
or she cannot be provided for in a home environment due
to developmental disabilities or mental illness or
because he or she is a danger to self or others, provided
that goals (A) through (D) have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and why
the preceding goals were ruled out. Where the court has
selected a permanency goal other than (A), (B), or (B-1), the
Department of Children and Family Services shall not provide
further reunification services, but shall provide services
consistent with the goal selected.
The court shall set a permanency goal that is in the best
interest of the child. The court's determination shall
include the following factors:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent
of the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal
contained in the service plan, (ii) the appropriateness of
the services contained in the plan and whether those services
have been provided, (iii) whether reasonable efforts have
been made by all the parties to the service plan to achieve
the goal, and (iv) whether the plan and goal have been
achieved. All evidence relevant to determining these
questions, including oral and written reports, may be
admitted and may be relied on to the extent of their
probative value.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal
custody and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of
the date of the order. The court shall continue the matter
until the new service plan is filed. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (2) or under subsection (3) to order
specific placements, specific services, or specific service
providers to be included in the plan.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination;
or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current
foster parent or relative caregiver seeking private
guardianship may file a motion for private guardianship
of the minor. Appointment of a guardian under this
Section requires approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this Act, unless the minor can
be cared for at home without endangering his or her health or
safety and it is in the best interest of the minor, and if
such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent,
guardian or legal custodian, until such time as an
investigation is made as provided in paragraph (5) and a
hearing is held on the issue of the health, safety and best
interest of the minor and the fitness of such parent,
guardian or legal custodian to care for the minor and the
court enters an order that such parent, guardian or legal
custodian is fit to care for the minor. In the event that
the minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his
guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his consent until given notice and an opportunity to be heard
by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(5) Whenever a parent, guardian, or legal custodian
files a motion for restoration of custody of the minor, and
the minor was adjudicated neglected, abused, or dependent as
a result of physical abuse, the court shall cause to be made
an investigation as to whether the movant has ever been
charged with or convicted of any criminal offense which would
indicate the likelihood of any further physical abuse to the
minor. Evidence of such criminal convictions shall be taken
into account in determining whether the minor can be cared
for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of
this Act.
(Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
90-87, eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff.
6-30-98; 90-655, eff. 7-30-98; revised 9-16-98.)
(705 ILCS 405/2-30) (from Ch. 37, par. 802-30)
Sec. 2-30. Notice to putative father; service.
1. Upon the written request to any clerk of any circuit
court by any interested party, including persons intending to
adopt a child, a child welfare agency with whom the mother
has placed or has given written notice of her intention to
place a child for adoption, the mother of a child, or any
attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is
served in other proceedings under this Act, or in lieu of
personal service, service may be made as follows:
(a) The person requesting notice shall furnish to
the clerk an original and one copy of a notice together
with an affidavit setting forth the putative father's
last known address. The original notice shall be retained
by the clerk.
(b) The clerk forthwith shall mail to the putative
father, at the address appearing in the affidavit, the
copy of the notice, certified mail, return receipt
requested; the envelope and return receipt shall bear the
return address of the clerk. The receipt for certified
mail shall state the name and address of the addressee,
and the date of mailing, and shall be attached to the
original notice.
(c) The return receipt, when returned to the clerk,
shall be attached to the original notice, and shall
constitute proof of service.
(d) The clerk shall note the fact of service in a
permanent record.
2. The notice shall be signed by the clerk, and may be
served on the putative father at any time after conception,
and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child (born
or on the ..... day of ....., 19..), (expected to be born on
or about (insert date) the ..... day of ....., 19..). The
mother of said child is .....
The mother has indicated she intends to place the child
for adoption or otherwise have a judgment entered terminating
her rights with respect to such child.
As the alleged father of said child, you have certain
legal rights with respect to said child, including the right
to notice of the filing of proceedings instituted for the
termination of your parental rights regarding said child. If
you wish to retain your rights with respect to said child,
you must file with the Clerk of this Circuit Court of .....,
County, Illinois, whose address is ....., ....., Illinois,
within 30 days after the date of receipt of this notice, a
declaration of paternity stating that you are, in fact, the
father of said child and that you intend to retain your legal
rights with respect to said child, or request to be notified
of any further proceedings with respect to custody,
termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a
request for notice, then whatever legal rights you have with
respect to said child, including the right to notice of any
future proceedings for the adoption of said child, may be
terminated without any further notice to you. When your legal
rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for
the adoption of said child.
If you are not the father of said child, you may file
with the Clerk of this Court, a disclaimer of paternity which
will be noted in the Clerk's file and you will receive no
further notice with respect to said child.".
The disclaimer of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No. )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the
mother of a .....male child named ..... born or expected to
be born on or about ..... and that such mother has stated
that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies and defenses that I may now or in the future have as
a result of the mother's allegation of the paternity of this
child. This consent is being given in order to facilitate
the adoption of the child and so that the court may terminate
what rights I may have to the child as a result of being
named the father by the mother. This consent is not in any
manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading and
consent to an immediate hearing on a petition TO TERMINATE
PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have
read and understood this Denial of Paternity With Entry of
Appearance and Consent to Adoption. The facts it contains
are true and correct to the best of my knowledge, and I
understand that by signing this document I have not admitted
paternity. I have signed this document as my free and
voluntary act in order to facilitate the adoption of the
child.
...........
(signature)
Dated (insert date).
this ..... day of ....., 19...
Signed and sworn before me on (insert date).
this ..... day of ....., 19...
.................
(notary public)".
The names of adoptive parents, if any, shall not be
included in the notice.
3. If the putative father files a disclaimer of
paternity, he shall be deemed not to be the father of the
child with respect to any adoption or other proceeding held
to terminate the rights of parents as respects such child.
4. In the event the putative father does not file a
declaration of paternity of the child or request for notice
within 30 days of service of the above notice, he need not be
made a party to or given notice of any proceeding brought for
the adoption of the child. An order or judgment may be
entered in such proceeding terminating all of his rights with
respect to said child without further notice to him.
5. If the putative father files a declaration of
paternity or a request for notice in accordance with
subsection 2 with respect to the child, he shall be given
notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights
of the child.
6. The Clerk shall maintain separate numbered files and
records of requests and proofs of service and all other
documents filed pursuant to this article. All such records
shall be impounded.
(Source: P.A. 85-601; revised 10-20-98.)
(705 ILCS 405/3-18) (from Ch. 37, par. 803-18)
Sec. 3-18. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
3-17 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) If service upon individuals as provided in Section
3-17 is not made on any respondents within a reasonable time
or if any person is made a respondent under the designation
of "All whom it may Concern", or if service cannot be made
because the whereabouts of a respondent are unknown, service
may be made by publication. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 3-12 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of the court directing such shelter
care, the clerk of the court shall cause publication. Notice
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on (insert date) the .... day of ....,
19.. a petition was filed under the Juvenile Court Act of
1987 by .... in the circuit court of .... county entitled 'In
the interest of ...., a minor', and that in .... courtroom at
.... on (insert date) the .... day of .... at the hour of
...., or as soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to have
the child declared to be a ward of the court under that Act.
The court has authority in this proceeding to take from you
the custody and guardianship of the minor, (and if the
petition prays for the appointment of a guardian with power
to consent to adoption) and to appoint a guardian with power
to consent to adoption of the minor.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any custodial parent, guardian or legal
custodian in the case of a minor requiring authoritative
intervention.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 3-17 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(Source: P.A. 85-601; revised 10-20-98.)
(705 ILCS 405/3-31) (from Ch. 37, par. 803-31)
Sec. 3-31. Notice to putative father; service.
1. Upon the written request to any Clerk of any Circuit
Court by any interested party, including persons intending to
adopt a child, a child welfare agency with whom the mother
has placed or has given written notice of her intention to
place a child for adoption, the mother of a child, or any
attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is
served in other proceedings under this Act, or in lieu of
personal service, service may be made as follows:
(a) The person requesting notice shall furnish to
the Clerk an original and one copy of a notice together
with an Affidavit setting forth the putative father's
last known address. The original notice shall be retained
by the Clerk.
(b) The Clerk forthwith shall mail to the putative
father, at the address appearing in the Affidavit, the
copy of the notice, certified mail, return receipt
requested; the envelope and return receipt shall bear the
return address of the Clerk. The receipt for certified
mail shall state the name and address of the addressee,
and the date of mailing, and shall be attached to the
original notice.
(c) The return receipt, when returned to the Clerk,
shall be attached to the original notice, and shall
constitute proof of service.
(d) The Clerk shall note the fact of service in a
permanent record.
2. The notice shall be signed by the Clerk, and may be
served on the putative father at any time after conception,
and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child (born
on the ..... day of ....., 19..), or (expected to be born on
or about (insert date). the ..... day of ....., 19..). The
mother of said child is .....
The mother has indicated she intends to place the child
for adoption or otherwise have a judgment entered terminating
her rights with respect to such child.
As the alleged father of said child, you have certain
legal rights with respect to said child, including the right
to notice of the filing of proceedings instituted for the
termination of your parental rights regarding said child. If
you wish to retain your rights with respect to said child,
you must file with the Clerk of this Circuit Court of .....,
County, Illinois, whose address is ....., ....., Illinois,
within 30 days after the date of receipt of this notice, a
declaration of paternity stating that you are, in fact, the
father of said child and that you intend to retain your legal
rights with respect to said child, or request to be notified
of any further proceedings with respect to custody,
termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a
request for notice, then whatever legal rights you have with
respect to said child, including the right to notice of any
future proceedings for the adoption of said child, may be
terminated without any further notice to you. When your legal
rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for
the adoption of said child.
If you are not the father of said child, you may file
with the Clerk of this Court, a disclaimer of paternity which
will be noted in the Clerk's file and you will receive no
further notice with respect to said child.".
The disclaimer of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No. )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the
mother of a .....male child named ..... born or expected to
be born on or about ..... and that such mother has stated
that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies and defenses that I may now or in the future have as
a result of the mother's allegation of the paternity of this
child. This consent is being given in order to facilitate
the adoption of the child and so that the court may terminate
what rights I may have to the child as a result of being
named the father by the mother. This consent is not in any
manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading and
consent to an immediate hearing on a petition TO TERMINATE
PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have
read and understood this Denial of Paternity With Entry of
Appearance and Consent to Adoption. The facts it contains are
true and correct to the best of my knowledge, and I
understand that by signing this document I have not admitted
paternity. I have signed this document as my free and
voluntary act in order to facilitate the adoption of the
child.
...........
(signature)
Dated (insert date). this ..... day of ....., 19...
Signed and sworn before me on (insert date).
this ..... day of ....., 19...
.................
(notary public)".
The names of adoptive parents, if any, shall not be
included in the notice.
3. If the putative father files a disclaimer of
paternity, he shall be deemed not to be the father of the
child with respect to any adoption or other proceeding held
to terminate the rights of parents as respects such child.
4. In the event the putative father does not file a
declaration of paternity of the child or request for notice
within 30 days of service of the above notice, he need not be
made a party to or given notice of any proceeding brought for
the adoption of the child. An Order or Judgment may be
entered in such proceeding terminating all of his rights with
respect to said child without further notice to him.
5. If the putative father files a declaration of
paternity or a request for notice in accordance with
subsection 2 with respect to the child, he shall be given
notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights
of the child.
6. The Clerk shall maintain separate numbered files and
records of requests and proofs of service and all other
documents filed pursuant to this article. All such records
shall be impounded.
(Source: P.A. 85-601; revised 10-20-98.)
(705 ILCS 405/4-15) (from Ch. 37, par. 804-15)
Sec. 4-15. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
4-14 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) If service upon individuals as provided in Section
4-14 is not made on any respondents within a reasonable time
or if any person is made a respondent under the designation
of "All whom it may Concern", or if service cannot be made
because the whereabouts of a respondent are unknown, service
may be made by publication. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 4-6 of this Act and summons has not been served
personally or by certified mail within 20 days from the date
of the order of court directing such shelter care, the clerk
of the court shall cause publication. Notice by publication
shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on (insert date) the .... day of ....,
19.. a petition was filed under the Juvenile Court Act of
1987 by .... in the circuit court of .... county entitled 'In
the interest of ...., a minor', and that in .... courtroom at
.... on the .... day of .... at the hour of ...., or as soon
thereafter as this cause may be heard, an adjudicatory
hearing will be held upon the petition to have the child
declared to be a ward of the court under that Act. The court
has authority in this proceeding to take from you the custody
and guardianship of the minor, (and if the petition prays for
the appointment of a guardian with power to consent to
adoption) and to appoint a guardian with power to consent to
adoption of the minor.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any custodial parent, guardian or legal
custodian.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 4-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(Source: P.A. 85-601; revised 10-20-98.)
(705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
Sec. 4-28. Notice to putative father.
1. Upon the written request to any Clerk of any Circuit
Court by any interested party, including persons intending to
adopt a child, a child welfare agency with whom the mother
has placed or has given written notice of her intention to
place a child for adoption, the mother of a child, or any
attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is
served in other proceedings under this Act, or in lieu of
personal service, service may be made as follows:
(a) The person requesting notice shall furnish to
the Clerk an original and one copy of a notice together
with an Affidavit setting forth the putative father's
last known address. The original notice shall be retained
by the Clerk.
(b) The Clerk forthwith shall mail to the putative
father, at the address appearing in the Affidavit, the
copy of the notice, certified mail, return receipt
requested; the envelope and return receipt shall bear the
return address of the Clerk. The receipt for certified
mail shall state the name and address of the addressee,
and the date of mailing, and shall be attached to the
original notice.
(c) The return receipt, when returned to the Clerk,
shall be attached to the original notice, and shall
constitute proof of service.
(d) The Clerk shall note the fact of service in a
permanent record.
2. The notice shall be signed by the Clerk, and may be
served on the putative father at any time after conception,
and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child (born
on the ..... day of ....., 19..), or (expected to be born on
or about (insert date). the ..... day of ....., 19..). The
mother of said child is .....
The mother has indicated she intends to place the child
for adoption or otherwise have a judgment entered terminating
her rights with respect to such child.
As the alleged father of said child, you have certain
legal rights with respect to said child, including the right
to notice of the filing of proceedings instituted for the
termination of your parental rights regarding said child. If
you wish to retain your rights with respect to said child,
you must file with the Clerk of this Circuit Court of .....,
County, Illinois, whose address is ....., ....., Illinois,
within 30 days after the date of receipt of this notice, a
declaration of paternity stating that you are, in fact, the
father of said child and that you intend to retain your legal
rights with respect to said child, or request to be notified
of any further proceedings with respect to custody,
termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a
request for notice, then whatever legal rights you have with
respect to said child, including the right to notice of any
future proceedings for the adoption of said child, may be
terminated without any further notice to you. When your legal
rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for
the adoption of said child.
If you are not the father of said child, you may file
with the Clerk of this Court, a disclaimer of paternity which
will be noted in the Clerk's file and you will receive no
further notice with respect to said child.".
The disclaimer of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No. )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the
mother of a .....male child named ..... born or expected to
be born on or about ..... and that such mother has stated
that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies and defenses that I may now or in the future have as
a result of the mother's allegation of the paternity of this
child. This consent is being given in order to facilitate
the adoption of the child and so that the court may terminate
what rights I may have to the child as a result of being
named the father by the mother. This consent is not in any
manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading and
consent to an immediate hearing on a petition TO TERMINATE
PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have
read and understood this Denial of Paternity With Entry of
Appearance and Consent to Adoption. The facts it contains are
true and correct to the best of my knowledge, and I
understand that by signing this document I have not admitted
paternity. I have signed this document as my free and
voluntary act in order to facilitate the adoption of the
child.
...........
(signature)
Dated (insert date).
this ..... day of ....., 19...
Signed and sworn before me on (insert date).
this ..... day of ....., 19...
.................
(notary public)".
The names of adoptive parents, if any, shall not be
included in the notice.
3. If the putative father files a disclaimer of
paternity, he shall be deemed not to be the father of the
child with respect to any adoption or other proceeding held
to terminate the rights of parents as respects such child.
4. In the event the putative father does not file a
declaration of paternity of the child or request for notice
within 30 days of service of the above notice, he need not be
made a party to or given notice of any proceeding brought for
the adoption of the child. An Order or Judgment may be
entered in such proceeding terminating all of his rights with
respect to said child without further notice to him.
5. If the putative father files a declaration of
paternity or a request for notice in accordance with
subsection 2 with respect to the child, he shall be given
notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights
of the child.
6. The Clerk shall maintain separate numbered files and
records of requests and proofs of service and all other
documents filed pursuant to this article. All such records
shall be impounded.
(Source: P.A. 85-601; revised 10-20-98.)
(705 ILCS 405/5-135)
Sec. 5-135. Venue.
(1) Venue under this Article lies in the county where
the minor resides, where the alleged violation or attempted
violation of federal or, State law or, county or municipal
ordinance occurred or in the county where the order of the
court, alleged to have been violated by the minor, was made
unless subsequent to the order the proceedings have been
transferred to another county.
(2) If proceedings are commenced in any county other
than that of the minor's residence, the court in which the
proceedings were initiated may at any time before or after
adjudication of wardship transfer the case to the county of
the minor's residence by transmitting to the court in that
county an authenticated copy of the court record, including
all documents, petitions and orders filed in that court, a
copy of all reports prepared by the agency providing services
to the minor, and the minute orders and docket entries of the
court. Transfer in like manner may be made in the event of a
change of residence from one county to another of a minor
concerning whom proceedings are pending.
(Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
(705 ILCS 405/5-525)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
prosecution, the clerk of the court shall issue a summons
with a copy of the petition attached. The summons shall
be directed to the minor's parent, guardian or legal
custodian and to each person named as a respondent in the
petition, except that summons need not be directed (i) to
a minor respondent under 8 years of age for whom the
court appoints a guardian ad litem if the guardian ad
litem appears on behalf of the minor in any proceeding
under this Act, or (ii) to a parent who does not reside
with the minor, does not make regular child support
payments to the minor, to the minor's other parent, or to
the minor's legal guardian or custodian pursuant to a
support order, and has not communicated with the minor on
a regular basis.
(b) The summons must contain a statement that the
minor is entitled to have an attorney present at the
hearing on the petition, and that the clerk of the court
should be notified promptly if the minor desires to be
represented by an attorney but is financially unable to
employ counsel.
(c) The summons shall be issued under the seal of
the court, attested in and signed with the name of the
clerk of the court, dated on the day it is issued, and
shall require each respondent to appear and answer the
petition on the date set for the adjudicatory hearing.
(d) The summons may be served by any law
enforcement officer, coroner or probation officer, even
though the officer is the petitioner. The return of the
summons with endorsement of service by the officer is
sufficient proof of service.
(e) Service of a summons and petition shall be made
by: (i) leaving a copy of the summons and petition with
the person summoned at least 3 days before the time
stated in the summons for appearance; (ii) leaving a
copy at his or her usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents of the summons and
petition, provided, the officer or other person making
service shall also send a copy of the summons in a sealed
envelope with postage fully prepaid, addressed to the
person summoned at his or her usual place of abode, at
least 3 days before the time stated in the summons for
appearance; or (iii) leaving a copy of the summons and
petition with the guardian or custodian of a minor, at
least 3 days before the time stated in the summons for
appearance. If the guardian or legal custodian is an
agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with
any administrative employee of the agency designated by
the agency to accept the service of summons and
petitions. The certificate of the officer or affidavit
of the person that he or she has sent the copy pursuant
to this Section is sufficient proof of service.
(f) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or
who has waived or acknowledged service, fails to appear
with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the
minor, or both.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
subsection (1) is not made on any respondent within a
reasonable time or if it appears that any respondent
resides outside the State, service may be made by
certified mail. In that case the clerk shall mail the
summons and a copy of the petition to that respondent by
certified mail marked for delivery to addressee only.
The court shall not proceed with the adjudicatory hearing
until 5 days after the mailing. The regular return
receipt for certified mail is sufficient proof of
service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent
under the designation of "All Whom It May Concern", or if
service cannot be made because the whereabouts of a
respondent are unknown, service may be made by
publication. The clerk of the court as soon as possible
shall cause publication to be made once in a newspaper of
general circulation in the county where the action is
pending. Service by publication is not required in any
case when the person alleged to have legal custody of the
minor has been served with summons personally or by
certified mail, but the court may not enter any order or
judgment against any person who cannot be served with
process other than by publication unless service by
publication is given or unless that person appears.
Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a
trial or a plea of delinquency by the minor. When a
minor has been detained or sheltered under Section 5-501
of this Act and summons has not been served personally or
by certified mail within 20 days from the date of the
order of court directing such detention or shelter care,
the clerk of the court shall cause publication. Service
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the
named respondents, if any) and to All Whom It May
Concern (if there is any respondent under that
designation):
Take notice that on (insert date) the .... day
of ...., 19.. a petition was filed under the
Juvenile Court Act of 1987 by .... in the circuit
court of .... county entitled 'In the interest of
...., a minor', and that in .... courtroom at ....
on (insert date) the .... day of .... at the hour of
...., or as soon thereafter as this cause may be
heard, an adjudicatory hearing will be held upon the
petition to have the child declared to be a ward of
the court under that Act. The court has authority
in this proceeding to take from you the custody and
guardianship of the minor.
Now, unless you appear at the hearing and show
cause against the petition, the allegations of the
petition may stand admitted as against you and each
of you, and an order or judgment entered.
........................................
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
publication of the notice send a copy of the notice by
mail to each of the respondents on account of whom
publication is made at his or her last known address.
The certificate of the clerk that he or she has mailed
the notice is evidence of that mailing. No other
publication notice is required. Every respondent
notified by publication under this Section must appear
and answer in open court at the hearing. The court may
not proceed with the adjudicatory hearing until 10 days
after service by publication on any custodial parent,
guardian or legal custodian of a minor alleged to be
delinquent.
(d) If it becomes necessary to change the date set
for the hearing in order to comply with this Section,
notice of the resetting of the date must be given, by
certified mail or other reasonable means, to each
respondent who has been served with summons personally or
by certified mail.
(3) Once jurisdiction has been established over a
party, further service is not required and notice of any
subsequent proceedings in that prosecution shall be made
in accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian
or legal custodian, or a person named as a respondent in
a petition, in any proceeding under this Act shall
constitute a waiver of service and submission to the
jurisdiction of the court. A copy of the petition shall
be provided to the person at the time of his or her
appearance.
(Source: P.A. 90-590, eff. 1-1-99; revised 10-19-98.)
(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) Mandatory transfers.
(a) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a
forcible felony under the laws of this State, and if a
motion by the State's Attorney to prosecute the minor
under the criminal laws of Illinois for the alleged
forcible felony alleges that (i) the minor has previously
been adjudicated delinquent or found guilty for
commission of an act that constitutes a felony under the
laws of this State or any other state and (ii) the act
that constitutes the offense was committed in furtherance
of criminal activity by an organized gang, the Juvenile
Judge assigned to hear and determine those motions shall,
upon determining that there is probable cause that both
allegations are true, enter an order permitting
prosecution under the criminal laws of Illinois.
(b) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a felony
under the laws of this State, and if a motion by a
State's Attorney to prosecute the minor under the
criminal laws of Illinois for the alleged felony alleges
that (i) the minor has previously been adjudicated
delinquent or found guilty for commission of an act that
constitutes a forcible felony under the laws of this
State or any other state and (ii) the act that
constitutes the offense was committed in furtherance of
criminal activities by an organized gang, the Juvenile
Judge assigned to hear and determine those motions shall,
upon determining that there is probable cause that both
allegations are true, enter an order permitting
prosecution under the criminal laws of Illinois.
(c) If a petition alleges commission by a minor 15
years of age or older of: (i) an act that constitutes an
offense enumerated in the presumptive transfer provisions
of subsection (2); and (ii) the minor has previously been
adjudicated delinquent or found guilty of a forcible
felony, the Juvenile Judge designated to hear and
determine those motions shall, upon determining that
there is probable cause that both allegations are true,
enter an order permitting prosecution under the criminal
laws of Illinois.
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at
any time prior to commencement of the minor's trial, to
permit prosecution under the criminal laws and the
petition alleges the commission by a minor 15 years of
age or older of: (i) a Class X felony other than armed
violence; (ii) aggravated discharge of a firearm; (iii)
armed violence with a firearm when the predicate offense
is a Class 1 or Class 2 felony and the State's Attorney's
motion to transfer the case alleges that the offense
committed is in furtherance of the criminal activities of
an organized gang; (iv) armed violence with a firearm
when the predicate offense is a violation of the Illinois
Controlled Substances Act or a violation of the Cannabis
Control Act; (v) armed violence when the weapon involved
was a machine gun or other weapon described in subsection
(a)(7) of Section 24-1 of the Criminal Code of 1961, and,
if the juvenile judge assigned to hear and determine
motions to transfer a case for prosecution in the
criminal court determines that there is probable cause to
believe that the allegations in the petition and motion
are true, there is a rebuttable presumption that the
minor is not a fit and proper subject to be dealt with
under the Juvenile Justice Reform Provisions of 1998
(Public Act 90-590), and that, except as provided in
paragraph (b), the case should be transferred to the
criminal court.
(b) The judge shall enter an order permitting
prosecution under the criminal laws of Illinois unless
the judge makes a finding based on clear and convincing
evidence that the minor would be amenable to the care,
treatment, and training programs available through the
facilities of the juvenile court based on an evaluation
of the following:
(i) The seriousness of the alleged offense;
(ii) The minor's history of delinquency;
(iii) The age of the minor;
(iv) The culpability of the minor in committing
the alleged offense;
(v) Whether the offense was committed in an
aggressive or premeditated manner;
(vi) Whether the minor used or possessed a deadly
weapon when committing the alleged offense;
(vii) The minor's history of services, including
the minor's willingness to participate meaningfully in
available services;
(viii) Whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration of
the juvenile court's jurisdiction;
(ix) The adequacy of the punishment or services
available in the juvenile justice system.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense and
the minor's prior record of delinquency than to the other
factors listed in this subsection.
(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13
years of age or over of an act that constitutes a crime
under the laws of this State and, on motion of the
State's Attorney to permit prosecution of the minor under
the criminal laws, a Juvenile Judge assigned by the Chief
Judge of the Circuit to hear and determine those motions,
after hearing but before commencement of the trial, finds
that there is probable cause to believe that the
allegations in the motion are true and that it is not in
the best interests of the public to proceed under this
Act, the court may enter an order permitting prosecution
under the criminal laws.
(b) In making its determination on the motion to
permit prosecution under the criminal laws, the court
shall consider among other matters:
(i) The seriousness of the alleged offense;
(ii) The minor's history of delinquency;
(iii) The age of the minor;
(iv) The culpability of the minor in committing the
alleged offense;
(v) Whether the offense was committed in an
aggressive or premeditated manner;
(vi) Whether the minor used or possessed a deadly
weapon when committing the alleged offense;
(vii) The minor's history of services, including
the minor's willingness to participate meaningfully in
available services;
(viii) The adequacy of the punishment or services
available in the juvenile justice system.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense and
the minor's prior record of delinquency than to the other
factors listed in this subsection.
(4) The rules of evidence for this hearing shall be the
same as under Section 5-705 of this Act. A minor must be
represented in court by counsel before the hearing may be
commenced.
(5) If criminal proceedings are instituted, the petition
for adjudication of wardship shall be dismissed insofar as
the act or acts involved in the criminal proceedings. Taking
of evidence in a trial on petition for adjudication of
wardship is a bar to criminal proceedings based upon the
conduct alleged in the petition.
(Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.
(1) The chief judge of each circuit shall make provision
for probation services for each county in his or her circuit.
The appointment of officers to probation or court services
departments and the administration of such departments shall
be governed by the provisions of the Probation and Probation
Officers Act.
(2) Every county or every group of counties constituting
a probation district shall maintain a court services or a
probation department subject to the provisions of the
Probation and Probation Officers Act. For the purposes of
this Act, such a court services or probation department has,
but is not limited to, the following powers and duties:
(a) When authorized or directed by the court, to
receive, investigate and evaluate complaints indicating
dependency, requirement of authoritative intervention,
addiction or delinquency within the meaning of Sections
2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine
or assist the complainant in determining whether a
petition should be filed under Sections 2-13, 3-15, 4-12
or 5-520 or whether referral should be made to an agency,
association or other person or whether some other action
is advisable; and to see that the indicating filing,
referral or other action is accomplished. However, no
such investigation, evaluation or supervision by such
court services or probation department is to occur with
regard to complaints indicating only that a minor may be
a chronic or habitual truant.
(b) When a petition is filed under Section 2-13,
3-15, 4-15 or 5-520, to make pre-hearing investigations
and formulate recommendations to the court when the court
has authorized or directed the department to do so.
(c) To counsel and, by order of the court, to
supervise minors referred to the court; to conduct
indicated programs of casework, including referrals for
medical and mental health service, organized recreation
and job placement for wards of the court and, when
appropriate, for members of the family of a ward; to act
as liaison officer between the court and agencies or
associations to which minors are referred or through
which they are placed; when so appointed, to serve as
guardian of the person of a ward of the court; to provide
probation supervision and protective supervision ordered
by the court; and to provide like services to wards and
probationers of courts in other counties or jurisdictions
who have lawfully become local residents.
(d) To arrange for placements pursuant to court
order.
(e) To assume administrative responsibility for
such detention, shelter care and other institutions for
minors as the court may operate.
(f) To maintain an adequate system of case records,
statistical records, and financial records related to
juvenile detention and shelter care and to make reports
to the court and other authorized persons, and to the
Supreme Court pursuant to the Probation and Probation
Officers Act.
(g) To perform such other services as may be
appropriate to effectuate the purposes of this Act or as
may be directed by any order of court made under this
Act.
(3) The court services or probation department in any
probation district or county having less than 1,000,000
inhabitants, or any personnel of the department, may be
required by the circuit court to render services to the court
in other matters as well as proceedings under this Act.
(4) In any county or probation district, a probation
department may be established as a separate division of a
more inclusive department of court services, with any
appropriate divisional designation. The organization of any
such department of court services and the appointment of
officers and other personnel must comply with the Probation
and Probations Officers Act.
(Source: P.A. 90-590, eff. 1-1-99; revised 1-14-99.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and
others.
(1) If parentage is at issue in any proceeding under
this Act, the Illinois Parentage Act of 1984 shall apply and
the court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person
named in the petition, liable under the law for the support
of the minor, is able to contribute to his or her support,
the court shall enter an order requiring that parent or other
person to pay the clerk of the court, or to the guardian or
custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
a reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. If the
court determines at any hearing that a parent or any other
person named in the petition, liable under the law for the
support of the minor, is able to contribute to help defray
the costs associated with the minor's detention in a county
or regional detention center, the court shall enter an order
requiring that parent or other person to pay the clerk of the
court a reasonable sum for the care and support of the minor.
The court may require reasonable security for the payments.
Upon failure to pay, the court may enforce obedience to the
order by a proceeding as for contempt of court.
If it appears that the person liable for the support of
the minor is able to contribute to legal fees for
representation of the minor, the court shall enter an order
requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation
or to the clerk of the court for deposit in the appropriate
account or fund. The sum may be paid as the court directs,
and the payment thereof secured and enforced as provided in
this Section for support.
If it appears at the detention or shelter care hearing of
a minor before the court under Section 5-501 5-10 that a
parent or any other person liable for support of the minor is
able to contribute to his or her support, that parent or
other person shall be required to pay a fee for room and
board at a rate not to exceed $10 per day established, with
the concurrence of the chief judge of the judicial circuit,
by the county board of the county in which the minor is
detained unless the court determines that it is in the best
interest and welfare of the minor to waive the fee. The
concurrence of the chief judge shall be in the form of an
administrative order. Each week, on a day designated by the
clerk of the circuit court, that parent or other person shall
pay the clerk for the minor's room and board. All fees for
room and board collected by the circuit court clerk shall be
disbursed into the separate county fund under Section 6-7.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or
other person establishes that he or she is indigent and
unable to pay the incurred liability, and the court may
reduce or waive liability if the parent or other person
establishes circumstances showing that full payment of
support or legal fees would result in financial hardship to
the person or his or her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary
or commission be made directly to (a) the Illinois Department
of Public Aid if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services
if the minor is a recipient of aid under Article IV of the
Code, or (c) the local governmental unit responsible for the
support of the minor if he is a recipient under Articles VI
or VII of the Code. The order shall permit the Illinois
Department of Public Aid, the Department of Human Services,
or the local governmental unit, as the case may be, to direct
that subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Illinois Department of Public
Aid, Department of Human Services, or local governmental
unit, as the case requires, shall give written notice of such
action to the court. Payments received by the Illinois
Department of Public Aid, Department of Human Services, or
local governmental unit are to be covered, respectively, into
the General Revenue Fund of the State Treasury or General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
90-483, eff. 1-1-98; 90-590, eff. 1-1-99; 90-655, eff.
7-30-98; revised 9-16-98.)
(705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
Sec. 6-10. State reimbursement of funds.
(a) Before the 15th day of each month, the clerk of the
court shall itemize all payments received by him under
Section 6-9 during the preceding month and shall pay such
amounts to the county treasurer. Before the 20th day of each
month, the county treasurer shall file with the Department of
Children and Family Services an itemized statement of the
amount of money for the care and shelter of a minor placed in
shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
under Sections 2-27, 3-28, 4-25 or 5-740 before July 1, 1980
and after June 30, 1981, paid by the county during the last
preceding month pursuant to court order entered under Section
6-8, certified by the court, and an itemized account of all
payments received by the clerk of the court under Section 6-9
during the preceding month and paid over to the county
treasurer, certified by the county treasurer. The Department
of Children and Family Services shall examine and audit the
monthly statement and account, and upon finding them correct,
shall voucher for payment to the county a sum equal to the
amount so paid out by the county less the amount received by
the clerk of the court under Section 6-9 and paid to the
county treasurer but not more than an amount equal to the
current average daily rate paid by the Department of Children
and Family Services for similar services pursuant to Section
5a of Children and Family Services Act, approved June 4,
1963, as amended. Reimbursement to the counties under this
Section for care and support of minors in licensed child
caring institutions must be made by the Department of
Children and Family Services only for care in those
institutions which have filed with the Department a
certificate affirming that they admit minors on the basis of
need without regard to race or ethnic origin.
(b) The county treasurer may file with the Department of
Children and Family Services an itemized statement of the
amount of money paid by the county during the last preceding
month pursuant to court order entered under Section 6-8,
certified by the court, and an itemized account of all
payments received by the clerk of the court under Section 6-9
during the preceding month and paid over to the county
treasurer, certified by the county treasurer. The Department
of Children and Family Services shall examine and audit the
monthly statement and account, and upon finding them correct,
shall voucher for payment to the county a sum equal to the
amount so paid out by the county less the amount received by
the clerk of the court under Section 6-9 and paid to the
county treasurer. Subject to appropriations for that
purpose, the State shall reimburse the county for the care
and shelter of a minor placed in detention as a result of any
new provisions that are created by the Juvenile Justice
Reform Provisions of 1998 (Public Act 90-590).
(Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
Section 237. The Criminal Code of 1961 is amended by
changing Sections 1-5, 9-1, 9-3.3, 11-17.1, 11-19.2, 11-20.1,
12-4, 12-4.3, 12-18, 12-30, 14-3, 16-15, 17-3, 17B-10, 18-5,
24-1.2, 25-1.1, 31A-1.2, 34-1, and 46-4 and renumbering
Section 14.4 as follows:
(720 ILCS 5/1-5) (from Ch. 38, par. 1-5)
Sec. 1-5. State criminal jurisdiction.
(a) A person is subject to prosecution in this State for
an offense which he commits, while either within or outside
the State, by his own conduct or that of another for which he
is legally accountable, if:
(1) the offense is committed either wholly or
partly within the State; or
(2) the conduct outside the State constitutes an
attempt to commit an offense within the State; or
(3) the conduct outside the State constitutes a
conspiracy to commit an offense within the State, and an
act in furtherance of the conspiracy occurs in the State;
or
(4) the conduct within the State constitutes an
attempt, solicitation or conspiracy to commit in another
jurisdiction an offense under the laws of both this State
and such other jurisdiction.
(b) An offense is committed partly within this State, if
either the conduct which is an element of the offense, or the
result which is such an element, occurs within the State. In
a prosecution pursuant to paragraph (3) of subsection (a) of
Section 9-1, the attempt or commission of a forcible felony
other than second degree murder within this State is conduct
which is an a element of the offense for which a person is
subject to prosecution in this State. In homicide, the
"result" is either the physical contact which causes death,
or the death itself; and if the body of a homicide victim is
found within the State, the death is presumed to have
occurred within the State.
(c) An offense which is based on an omission to perform
a duty imposed by the law of this State is committed within
the State, regardless of the location of the offender at the
time of the omission.
(Source: P.A. 85-740; revised 10-31-98.)
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he is attempting or committing a forcible
felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was a peace officer or fireman;
or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered
individual was an inmate at such institution or facility
and was killed on the grounds thereof, or the murdered
individual was otherwise present in such institution or
facility with the knowledge and approval of the chief
administrative officer thereof; or
(3) the defendant has been convicted of murdering
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred
as the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death
or create a strong probability of death or great bodily
harm to the murdered individual or another; or
(4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to
receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant,
or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with physical
injuries caused by one or more persons for
whose conduct the defendant is legally
accountable under Section 5-2 of this Code, and
the physical injuries inflicted by either the
defendant or the other person or persons for
whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the
death of the murdered individual or which resulted
in physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph
(a) of paragraph (6) of subsection (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that
his acts created a strong probability of death or
great bodily harm to the murdered individual or
another; and
(c) the other felony was one of the following:
armed robbery, armed violence, robbery, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnapping,
aggravated vehicular hijacking, forcible detention,
arson, aggravated arson, aggravated stalking,
burglary, residential burglary, home invasion,
calculated criminal drug conspiracy as defined in
Section 405 of the Illinois Controlled Substances
Act, streetgang criminal drug conspiracy as defined
in Section 405.2 of the Illinois Controlled
Substances Act, or the attempt to commit any of the
felonies listed in this subsection (c); or
(7) the murdered individual was under 12 years of
age and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent
to prevent the murdered individual from testifying in any
criminal prosecution or giving material assistance to the
State in any investigation or prosecution, either against
the defendant or another; or the defendant committed the
murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State
in any investigation or prosecution, either against the
defendant or another; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an
institution or facility of the Department of Corrections
at the time of the murder, and while committing an
offense punishable as a felony under Illinois law, or
while engaged in a conspiracy or solicitation to commit
such offense, intentionally killed an individual or
counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, killed in the course of
performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, and the defendant knew or
should have known that the murdered individual was an
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from
a motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person
incapable of adequately providing for his or her own
health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer; or .
(19) (18) the murdered individual was subject to an
order of protection and the murder was committed by a
person against whom the same order of protection was
issued under the Illinois Domestic Violence Act of 1986.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of
prior criminal activity;
(2) the murder was committed while the defendant
was under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in
the defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or
great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges
the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives
a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or
any mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant
shall be given fair opportunity to rebut any information
received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State
and shall not be satisfied unless established beyond a
reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury
that one or more of the factors set forth in subsection (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine
whether the sentence of death shall be imposed. If the jury
determines unanimously that there are no mitigating factors
sufficient to preclude the imposition of the death sentence,
the court shall sentence the defendant to death.
Unless the jury unanimously finds that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court
finds that none of the factors found in subsection (b)
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors
set forth in subsection (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
Unless the court finds that there are no mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be
in accordance with rules promulgated by the Supreme Court.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held
to be unconstitutional by the Supreme Court of the United
States or of the State of Illinois, any person convicted of
first degree murder shall be sentenced by the court to a term
of imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over
a person previously sentenced to death shall cause the
defendant to be brought before the court, and the court shall
sentence the defendant to a term of imprisonment under
Chapter V of the Unified Code of Corrections.
(Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; revised
9-16-98.)
(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
Sec. 9-3.3. Drug-induced Drug induced homicide.
(a) A person who violates subsection (a) or subsection
(c) of Section 401 of the Illinois Controlled Substances Act
by unlawfully delivering a controlled substance to another,
and any person dies as a result of the injection, inhalation
or ingestion of any amount of that controlled substance,
commits the offense of drug-induced drug induced homicide.
(b) Sentence. Drug-induced homicide is a Class X felony
for which the defendant shall in addition to a sentence
authorized by law, be sentenced to a term of imprisonment of
not less than 15 years and not more than 30 years or an
extended term of not less than 30 years and not more than 60
years.
(Source: P.A. 87-1198; revised 10-31-98.)
(720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
Sec. 11-17.1. (a) Keeping a Place of Juvenile
Prostitution.
(a) Any person who knowingly violates any of the
provisions of Section 11-17 of this Act commits keeping a
place of juvenile prostitution when any prostitute in the
place of prostitution is under 16 years of age.
(b) It is an affirmative defense to a charge of keeping
a place of juvenile prostitution that the accused reasonably
believed the person was of the age of 16 years or over at the
time of the act giving rise to the charge.
(c) Sentence. Keeping a place of juvenile prostitution
is a Class 1 felony. A person convicted of a second or
subsequent violation of this Section is guilty of a Class X
felony.
(d) Forfeiture. Any person convicted under this Section
is subject to the forfeiture provisions of Section 11-20.1A
of this Act.
(Source: P.A. 85-1194; revised 10-31-98.)
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
Sec. 11-19.2. Exploitation of a child.
(A) A person commits exploitation of a child when he or
she confines a child under the age of 16 or an
institutionalized severely or profoundly mentally retarded
person against his or her will by the infliction or threat of
imminent infliction of great bodily harm, permanent
disability or disfigurement or by administering to the child
or an institutionalized severely or profoundly mentally
retarded person without his or her consent or by threat or
deception and for other than medical purposes, any alcoholic
intoxicant or a drug as defined in the Illinois Controlled
Substances Act or the Cannabis Control Act and:
(1) compels the child or an institutionalized
severely or profoundly mentally retarded person to become
a prostitute; or
(2) arranges a situation in which the child or an
institutionalized severely or profoundly mentally
retarded person may practice prostitution; or
(3) receives any money, property, token, object, or
article or anything of value from the child or an
institutionalized severely or profoundly mentally
retarded person knowing it was obtained in whole or in
part from the practice of prostitution.
(B) For purposes of this Section, administering drugs,
as defined in subsection (A), or an alcoholic intoxicant to a
child under the age of 13 or an institutionalized severely or
profoundly mentally retarded person shall be deemed to be
without consent if such administering is done without the
consent of the parents or legal guardian.
(C) Exploitation of a child is a Class X felony.
(D) Any person convicted under this Section is subject
to the forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 88-680, eff. 1-1-95; revised 10-31-98.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits the offense of child pornography
who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
knows or reasonably should know to be under the age of 18
or any institutionalized severely or profoundly mentally
retarded person where such child or institutionalized
severely or profoundly mentally retarded person is:
(i) actually or by simulation engaged in any
act of sexual intercourse with any person or animal;
or
(ii) actually or by simulation engaged in any
act of sexual contact involving the sex organs of
the child or institutionalized severely or
profoundly mentally retarded person and the mouth,
anus, or sex organs of another person or animal; or
which involves the mouth, anus or sex organs of the
child or institutionalized severely or profoundly
mentally retarded person and the sex organs of
another person or animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as
being the object of, or otherwise engaged in, any
act of lewd fondling, touching, or caressing
involving another person or animal; or
(v) actually or by simulation engaged in any
act of excretion or urination within a sexual
context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose,
posture or setting involving a lewd exhibition of
the unclothed genitals, pubic area, buttocks, or, if
such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any
film, videotape, photograph or other similar visual
reproduction or depiction by computer of any child or
institutionalized severely or profoundly mentally
retarded person whom the person knows or reasonably
should know to be under the age of 18 or to be an
institutionalized severely or profoundly mentally
retarded person, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or an
institutionalized severely or profoundly mentally
retarded person engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he knows or reasonably should know
to be under the age of 18 or an institutionalized
severely or profoundly mentally retarded person to appear
in any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or
institutionalized severely or profoundly mentally
retarded person is or will be depicted, actually or by
simulation, in any act, pose or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(5) is a parent, step-parent, legal guardian or
other person having care or custody of a child whom the
person knows or reasonably should know to be under the
age of 18 or an institutionalized severely or profoundly
mentally retarded person and who knowingly permits,
induces, promotes, or arranges for such child or
institutionalized severely or profoundly mentally
retarded person to appear in any stage play, live
performance, film, videotape, photograph or other similar
visual presentation, portrayal or simulation or depiction
by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content
thereof, possesses any film, videotape, photograph or
other similar visual reproduction or depiction by
computer of any child or institutionalized severely or
profoundly mentally retarded person whom the person knows
or reasonably should know to be under the age of 18 or to
be an institutionalized severely or profoundly mentally
retarded person, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(7) solicits, uses, persuades, induces, entices, or
coerces a person to provide a child under the age of 18
or an institutionalized severely or profoundly mentally
retarded person to appear in any videotape, photograph,
film, stage play, live presentation, or other similar
visual reproduction or depiction by computer in which the
child or an institutionalized severely or profoundly
mentally retarded person will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(b) (1) It shall be an affirmative defense to a charge
of child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years
of age or older or that the person was not an
institutionalized severely or profoundly mentally retarded
person but only where, prior to the act or acts giving rise
to a prosecution under this Section, he took some affirmative
action or made a bonafide inquiry designed to ascertain
whether the child was 18 years of age or older or that the
person was not an institutionalized severely or profoundly
mentally retarded person and his reliance upon the
information so obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not apply to
the performance of official duties by law enforcement or
prosecuting officers, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers.
(4) Possession by the defendant of more than one of the
same film, videotape or visual reproduction or depiction by
computer in which child pornography is depicted shall raise a
rebuttable presumption that the defendant possessed such
materials with the intent to disseminate them.
(c) Violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Violation of
paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of
$100,000. Violation of paragraph (2) of subsection (a) is a
Class 1 felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. Violation of paragraph (6) of
subsection (a) is a Class 3 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or an institutionalized severely or
profoundly mentally retarded person engaged in any activity
described in subparagraphs (i) through (vii) or paragraph 1
of subsection (a), and any material or equipment used or
intended for use in photographing, filming, printing,
producing, reproducing, manufacturing, projecting,
exhibiting, depiction by computer, or disseminating such
material shall be seized and forfeited in the manner, method
and procedure provided by Section 36-1 of this Code for the
seizure and forfeiture of vessels, vehicles and aircraft.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to
unseal and view the evidence, only for good cause shown and
in the discretion of the court. The motion must expressly
set forth the purpose for viewing the material. The State's
attorney and the victim, if possible, shall be provided
reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under
this subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer;
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show;
(3) "Reproduce" means to make a duplication or
copy;
(4) "Depict by computer" means to generate or
create, or cause to be created or generated, a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(Source: P.A. 90-68, eff. 7-8-97; 90-678, eff. 7-31-98;
90-786, eff. 1-1-99; revised 9-16-98.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally
or knowingly causes great bodily harm, or permanent
disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the
discharge of a firearm;
(2) Is hooded, robed or masked, in such manner as
to conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used
for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State
Department of Public Aid, a County Department of Public
Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under
the Department of Human Services Act) and such
caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent
thereto, or is in any part of a building used for public
aid purposes, or upon the grounds of a home of a public
aid applicant, recipient, or any other person being
interviewed or investigated in the employee's discharge
of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient,
or other such person resides or is located;
(6) Knows the individual harmed to be a peace
officer, a community policing volunteer, a correctional
institution employee, or a fireman while such officer,
volunteer, employee or fireman is engaged in the
execution of any official duties including arrest or
attempted arrest, or to prevent the officer, volunteer,
employee or fireman from performing official duties, or
in retaliation for the officer, volunteer, employee or
fireman performing official duties, and the battery is
committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance
or first aid personnel engaged in the performance of any
of his or her official duties, or to prevent the
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel from performing
official duties, or in retaliation for performing
official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of
accommodation or amusement;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then
using such public transportation as a passenger or using
any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knowingly and without legal justification and
by any means causes bodily harm to an individual of 60
years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) Knows the individual harmed to be an employee
of the Illinois Department of Children and Family
Services engaged in the performance of his authorized
duties as such employee;
(14) Knows the individual harmed to be a person who
is physically handicapped; or
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains
the person for an alleged commission of retail theft
under Section 16A-5 of this Code. In this item (15),
"merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
For the purpose of paragraph (14) of subsection (b) of
this Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes
him to take, without his consent or by threat or deception,
and for other than medical purposes, any intoxicating,
poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any
food that contains any substance or object that is intended
to cause physical injury if eaten, commits aggravated
battery.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes great bodily harm or permanent
disability or disfigurement to any child under the age of 13
years or to any institutionalized severely or profoundly
mentally retarded person, commits the offense of aggravated
battery of a child.
(b) Aggravated battery of a child is a Class X felony.
(Source: P.A. 89-313, eff. 1-1-96.)
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13,
12-14, 12-15 or 12-16 of this Code shall be presumed to be
incapable of committing an offense prohibited by Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
age, physical condition or relationship to the victim, except
as otherwise provided in subsection (c) of this Section.
Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-805 of the
Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is
conducted by a physician, nurse, medical or hospital
personnel, parent, or caretaker for purposes and in a manner
consistent with reasonable medical standards is not an
offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of this Code.
(c) Prosecution of a spouse of a victim under this
subsection for any violation by the victim's spouse of
Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
unless the victim reported such offense to a law enforcement
agency or the State's Attorney's office within 30 days after
the offense was committed, except when the court finds good
cause for the delay.
(d) In addition to the sentences provided for in
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
Criminal Code of 1961 the Court may order any person who is
convicted of violating any of those Sections to meet all or
any portion of the financial obligations of treatment,
including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.
(e) After a finding at a preliminary hearing that there
is probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
at the request of the person who was the victim of the
violation of Section 12-13, 12-14, or 12-14.1, the
prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for infection with
human immunodeficiency virus (HIV). The medical test shall
be performed only by appropriately licensed medical
practitioners, and shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may
be approved by the Illinois Department of Public Health; in
the event of a positive result, the Western Blot Assay or a
more reliable confirmatory test shall be administered. The
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the victim and
to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best
interests of the victim and the public, the judge shall have
the discretion to determine to whom, if anyone, the result of
the testing may be revealed; however, in no case shall the
identity of the victim be disclosed. The court shall order
that the cost of the test shall be paid by the county, and
may be taxed as costs against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a
controlled substance without his or her consent, the law
enforcement officer they shall advise the victim about
seeking medical treatment and preserving evidence.
(g) In a hospital, whenever any emergency room personnel
has reasonable cause to believe that a person has been
delivered a controlled substance without his or her consent,
personnel designated by the hospital, other than a physician
licensed to practice medicine in all of its branches, shall
provide:
(1) An explanation to the victim about the nature
and effects of commonly used controlled substances and
how such controlled substances are administered.
(2) An offer to the victim of testing for the
presence of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be
disclosed by the test.
(4) A statement that the test is completely
voluntary.
(5) A form for written authorization for sample
analysis of all controlled substances and alcohol
ingested by the victim.
No sample analysis may be performed unless the victim
returns a signed written authorization within 48 hours after
the sample was collected.
Any medical treatment, care, or testing shall only be in
accordance with the order of a physician licensed to practice
medicine in all of its branches.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she commits an act which was prohibited
by a court or fails to commit an act which was ordered by
a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar
to the remedies authorized under paragraphs (1),
(2), (3), (14) or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe or
United States territory,
(iii) any other remedy when the act
constitutes a crime against the protected parties as
the term protected parties is defined in Section
112A-4 of the Code of Criminal Procedure of 1963;
and
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant
to the Illinois Domestic Violence Act of 1986 or any
substantially similar statute of another state, tribe or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence
shall be deemed valid if the issuing court had jurisdiction
over the parties and matter under the law of the state, tribe
or territory. There shall be a presumption of validity where
an order is certified and appears authentic on its face.
(a-5) Failure to provide reasonable notice and
opportunity to be heard shall be an affirmative defense to
any charge or process filed seeking enforcement of a foreign
order of protection.
(b) For purposes of this Section, an "order of
protection" may have been issued in a criminal or civil
proceeding.
(c) Nothing in this Section shall be construed to
diminish the inherent authority of the courts to enforce
their lawful orders through civil or criminal contempt
proceedings.
(d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction
under this Code for domestic battery (Section 12-3.2) or
violation of an order of protection (Section 12-30). The
court shall impose a minimum penalty of 24 hours imprisonment
for defendant's second or subsequent violation of any order
of protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be
manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized
under Section 5-9-1 of the Unified Code of Corrections or to
make restitution to the victim under Section 5-5-6 of the
Unified Code of Corrections. In addition to any other
penalties, including those imposed by Section 5-9-1.5 of the
Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of
the Unified Code of Corrections upon any person convicted of
or placed on supervision for a violation of this Section.
The additional fine shall be imposed for each violation of
this Section.
(e) The limitations placed on law enforcement liability
by Section 305 of the Illinois Domestic Violence Act of 1986
apply to actions taken under this Section.
(Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
90-734, eff. 1-1-99; revised 9-21-98.)
(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
Sec. 14-3. Exemptions. The following activities shall
be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of
their employment in the operation, maintenance or repair of
the equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the
hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental to
the main purpose for which such broadcasts are then being
made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to
be open by the Open Meetings Act, as amended; and
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording
and shall not be otherwise disseminated. Failure on the part
of the individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation
of this Section;.
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any person
acting at the direction of law enforcement, in the course of
an investigation of a forcible felony, a felony violation of
the Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act, or any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act. Any
recording or evidence derived as the result of this exemption
shall be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police
shall issue regulations as are necessary concerning the use
of devices, retention of tape recordings, and reports
regarding their use;.
(h) Recordings made simultaneously with a video
recording of an oral conversation between a peace officer,
who has identified his or her office, and a person stopped
for an investigation of an offense under the Illinois Vehicle
Code;.
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another party
to the conversation is committing, is about to commit, or has
committed a criminal offense against the person or a member
of his or her immediate household, and there is reason to
believe that evidence of the criminal offense may be obtained
by the recording; and.
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as defined
in this subsection, to record or listen to oral telephone
solicitation conversations or marketing or opinion research
conversations by an employee of the corporation or other
business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion research
or telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing
or opinion research conversation or telephone
solicitation conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired,
or obtained, directly or indirectly, under this exemption
(j), may be, directly or indirectly, furnished to any law
enforcement officer, agency, or official for any purpose or
used in any inquiry or investigation, or used, directly or
indirectly, in any administrative, judicial, or other
proceeding, or divulged to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording
or listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with notice
that the monitoring or recordings may occur during the course
of their employment. The notice shall include prominent
signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged
by a corporation or other business entity whose principal
business is the design, conduct, and analysis of polls and
surveys measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both.
(Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
89-452, eff. 5-17-96; revised 10-31-98.)
(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. 14.4. Sentence.) Eavesdropping, for a first
offense, is a Class 4 felony, and, for a second or subsequent
offense, is a Class 3 felony.
(Source: P.A. 79-781; revised 3-12-98.)
(720 ILCS 5/16-15) (from Ch. 38, par. 16-15)
Sec. 16-15. (a) A person commits unlawful use of a theft
detection shielding device when he knowingly manufactures,
sells, offers for sale or distributes any laminated or coated
bag or device peculiar to and marketed for shielding and
intended to shield merchandise from detection by an
electronic or magnetic theft alarm sensor.
(b) A person commits unlawful possession of a theft
detection shielding device when he knowingly possesses any
laminated or coated bag or device peculiar to and designed
for shielding and intended to shield merchandise from
detection by an electronic or magnetic theft alarm sensor,
with the intent to commit theft or retail theft.
(c) A person commits unlawful possession of a theft
detection device remover when he knowingly possesses any tool
or device designed to allow the removal of any theft
detection device from any merchandise with the intent to use
such tool to remove any theft detection device from any
merchandise without the permission of the merchant or person
owning or holding said merchandise.
(d) Any person convicted for the first time of violating
the provisions of subsection (a), (b), or (c) of this Section
is guilty of a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
(Source: P.A. 84-1094; revised 10-31-98.)
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
(Text of Section before amendment by P.A. 90-759)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to
defraud, he knowingly:
(1) Makes or alters any document apparently capable
of defrauding another in such manner that it purports to
have been made by another or at another time, or with
different provisions, or by authority of one who did not
give such authority; or
(2) Issues or delivers such document knowing it to
have been thus made or altered; or
(3) Possesses, with intent to issue or deliver, any
such document knowing it to have been thus made or
altered; or
(4) Unlawfully uses the digital signature, as
defined in the Financial Institutions Digital Signature
Act, of another.
(b) An intent to defraud means an intention to cause
another to assume, create, transfer, alter or terminate any
right, obligation or power with reference to any person or
property. As used in this Section, "document" includes, but
is not limited to, any document, representation, or image
produced manually, electronically, or by computer.
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated.
(d) Sentence.
Forgery is a Class 3 felony.
(Source: P.A. 90-575, eff. 3-20-98.)
(Text of Section after amendment by P.A. 90-759)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to
defraud, he knowingly:
(1) makes or alters any document apparently capable
of defrauding another in such manner that it purports to
have been made by another or at another time, or with
different provisions, or by authority of one who did not
give such authority; or
(2) issues or delivers such document knowing it to
have been thus made or altered; or
(3) possesses, with intent to issue or deliver, any
such document knowing it to have been thus made or
altered; or
(4) unlawfully uses the digital signature, as
defined in the Financial Institutions Digital Signature
Act, of another; or.
(5) (4) unlawfully uses the signature device of
another to create an electronic signature of that other
person, as those terms are defined in the Electronic
Commerce Security Act.
(b) An intent to defraud means an intention to cause
another to assume, create, transfer, alter or terminate any
right, obligation or power with reference to any person or
property. As used in this Section, "document" includes, but
is not limited to, any document, representation, or image
produced manually, electronically, or by computer.
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A
document includes any record or electronic record as those
terms are defined in the Electronic Commerce Security Act.
(d) Sentence.
Forgery is a Class 3 felony.
(Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99;
revised 9-22-98.)
(720 ILCS 5/17B-10)
Sec. 17B-10. Administrative malfeasance.
(a) A person who misappropriates, misuses, or unlawfully
withholds or converts to his or her own use or to the use of
another any public funds made available for the Illinois
Department of Public Health or Department of Human Services
Special Supplemental Food Program for Women, Infants and
Children (WIC) is guilty of a violation of this Article and
shall be punished as provided in Section 17B-20.
(b) An official or employee of a State, county, or unit
of local government who willfully facilitates, aids, abets,
assists, or knowingly participates in a known violation of
Section 17B-5, 17B-10, or 17B-15 is subject to disciplinary
proceedings under the rules of the applicable Illinois
Department or unit of local government.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
89-377, eff. 8-18-95; 89-507, eff. 7-1-97; revised 10-31-98.)
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she
takes property from the person or presence of another by the
use of force or by threatening the imminent use of force
while indicating verbally or by his or her actions to the
victim that he or she is presently armed with a firearm or
other dangerous weapon, including a knife, club, ax, or
bludgeon. This offense shall be applicable even though it is
later determined that he or she had no firearm or other
dangerous weapon, including a knife, club, ax, or bludgeon,
in his or her possession when he or she committed the
robbery.
(a-5) A person commits aggravated robbery when he or she
takes property from the person or presence of another by
delivering (by injection, inhalation, ingestion, transfer of
possession, or any other means) to the victim without his or
her consent, or by threat or deception, and for other than
medical purposes, any controlled substance.
(b) Sentence. Aggravated robbery is a Class 1 felony.
(Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98;
revised 9-16-98.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm
when he knowingly or intentionally:
(1) Discharges a firearm at or into a building he
knows to be occupied and the firearm is discharged from a
place or position outside that building;
(2) Discharges a firearm in the direction of
another person or in the direction of a vehicle he knows
to be occupied;
(3) Discharges a firearm in the direction of a
person he knows to be a peace officer, a community
policing volunteer, a correctional institution employee,
or a fireman while the officer, volunteer, employee or
fireman is engaged in the execution of any of his
official duties, or to prevent the officer, volunteer,
employee or fireman from performing his official duties,
or in retaliation for the officer, volunteer, employee or
fireman performing his official duties;
(4) Discharges a firearm in the direction of a
vehicle he knows to be occupied by a peace officer, a
person summoned or directed by a peace officer, a
correctional institution employee or a fireman while the
officer, employee or fireman is engaged in the execution
of any of his official duties, or to prevent the officer,
employee or fireman from performing his official duties,
or in retaliation for the officer, employee or fireman
performing his official duties;
(5) Discharges a firearm in the direction of a
person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties; or
(6) Discharges a firearm in the direction of a
vehicle he knows to be occupied by an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,,
ambulance driver, or other medical assistance or first
aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties.
(b) A violation of subsection (a)(1) or subsection
(a)(2) of this Section is a Class 1 felony. A violation of
subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 10 years and not more than 45
years.
(Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
(720 ILCS 5/25-1.1)
Sec. 25-1.1. Unlawful contact with streetgang members.
(a) A person commits the offense of unlawful contact
with streetgang members when:
(1) He or she knowingly has direct or indirect
contact with a streetgang member as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act after having been sentenced to probation, conditional
discharge, or supervision for a criminal offense with a
condition of such sentence being to refrain from direct
or indirect contact with a streetgang member or members;
or
(2) He or she knowingly has direct or indirect
contact with a streetgang member as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act after having been released on bond for any criminal
offense with a condition of such bond being to refrain
from direct or indirect contact with a streetgang member
or members.;
(b) Unlawful contact with streetgang members is a Class
A misdemeanor.
(c) This Section does not apply to a person when the
only streetgang member or members he or she is with is a
family or household member or members as defined in paragraph
(3) of Section 112A-3 of the Code of Criminal Procedure of
1963 and the streetgang members are not engaged in any
streetgang related activity.
(Source: P.A. 90-795, eff. 8-14-98; revised 9-22-98.)
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee;
unauthorized delivery of contraband in a penal institution by
an employee.
(a) A person commits the offense of unauthorized
bringing of contraband into a penal institution by an
employee when a person who is an employee knowingly and
without authority or any person designated or authorized to
grant such authority:
(1) brings or attempts to bring an item of
contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) into a penal institution, or
(2) causes or permits another to bring an item of
contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) into a penal institution.
(b) A person commits the offense of unauthorized
possession of contraband in a penal institution by an
employee when a person who is an employee knowingly and
without authority of any person designated or authorized to
grant such authority possesses contraband listed in
paragraphs (i) through (iv) of subsection (d)(4) in a penal
institution, regardless of the intent with which he possesses
it.
(c) A person commits the offense of unauthorized
delivery of contraband in a penal institution by an employee
when a person who is an employee knowingly and without
authority of any person designated or authorized to grant
such authority:
(1) delivers or possesses with intent to deliver an
item of contraband to any inmate of a penal institution,
or
(2) conspires to deliver or solicits the delivery
of an item of contraband to any inmate of a penal
institution, or
(3) causes or permits the delivery of an item of
contraband to any inmate of a penal institution, or
(4) permits another person to attempt to deliver an
item of contraband to any inmate of a penal institution.
(d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
(1) "Penal Institution" shall have the meaning
ascribed to it in subsection (c)(1) of Section 31A-1.1 of
this Code;
(2) "Employee" means any elected or appointed
officer, trustee or employee of a penal institution or of
the governing authority of the penal institution, or any
person who performs services for the penal institution
pursuant to contract with the penal institution or its
governing authority.
(3) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of an
item of contraband, with or without consideration,
whether or not there is an agency relationship;
(4) "Item of contraband" means any of the
following:
(i) "Alcoholic liquor" as such term is defined
in Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in
subsection (a) of Section 3 of the Cannabis Control
Act.
(iii) "Controlled substance" as such term is
defined in the Illinois Controlled Substances
Substance Act.
(iv) "Hypodermic syringe" or hypodermic
needle, or any instrument adapted for use of
controlled substances or cannabis by subcutaneous
injection.
(v) "Weapon" means any knife, dagger, dirk,
billy, razor, stiletto, broken bottle, or other
piece of glass which could be used as a dangerous
weapon. Such term includes any of the devices or
implements designated in subsections (a)(1), (a)(3)
and (a)(6) of Section 24-1 of this Act, or any other
dangerous weapon or instrument of like character.
(vi) "Firearm" means any device, by whatever
name known, which is designed to expel a projectile
or projectiles by the action of an explosion,
expansion of gas or escape of gas, including but not
limited to:
(A) any pneumatic gun, spring gun, or B-B
gun which expels a single globular projectile
not exceeding .18 inch in diameter; or
(B) any device used exclusively for
signaling or safety and required or recommended
by the United States Coast Guard or the
Interstate Commerce Commission; or
(C) any device used exclusively for the
firing of stud cartridges, explosive rivets or
industrial ammunition; or
(D) any device which is powered by
electrical charging units, such as batteries,
and which fires one or several barbs attached
to a length of wire and which, upon hitting a
human, can send out current capable of
disrupting the person's nervous system in such
a manner as to render him incapable of normal
functioning, commonly referred to as a stun gun
or taser.
(vii) "Firearm ammunition" means any
self-contained cartridge or shotgun shell, by
whatever name known, which is designed to be used or
adaptable to use in a firearm, including but not
limited to:
(A) any ammunition exclusively designed
for use with a device used exclusively for
signaling or safety and required or recommended
by the United States Coast Guard or the
Interstate Commerce Commission; or
(B) any ammunition designed exclusively
for use with a stud or rivet driver or other
similar industrial ammunition.
(viii) "Explosive" means, but is not limited
to, bomb, bombshell, grenade, bottle or other
container containing an explosive substance of over
one-quarter ounce for like purposes such as black
powder bombs and Molotov cocktails or artillery
projectiles.
(ix) "Tool to defeat security mechanisms"
means, but is not limited to, handcuff or security
restraint key, tool designed to pick locks, or
device or instrument capable of unlocking handcuff
or security restraints, doors to cells, rooms, gates
or other areas of the penal institution.
(x) "Cutting tool" means, but is not limited
to, hacksaw blade, wirecutter, or device, instrument
or file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not
limited to, any electronic, video recording device,
computer, or cellular communications equipment,
including, but not limited to, cellular telephones,
cellular telephone batteries, videotape recorders,
pagers, computers, and computer peripheral
equipment.
(e) A violation of paragraphs (a) or (b) of this Section
involving alcohol is a Class 4 felony. A violation of
paragraph (a) or (b) of this Section involving cannabis is a
Class 2 felony. A violation of paragraph (a) or (b)
involving any amount of a controlled substance classified in
Schedules III, IV or V of Article II of the Illinois
Controlled Substances Act is a Class 1 felony. A violation
of paragraph (a) or (b) of this Section involving any amount
of a controlled substance classified in Schedules I or II of
Article II of the Illinois Controlled Substances Act is a
Class X felony. A violation of paragraph (a) or (b)
involving an item of contraband listed in paragraph (iv) of
subsection (d)(4) is a Class X felony. A violation of
paragraph (a) or (b) involving an item of contraband listed
in paragraph (v) or (xi) of subsection (d)(4) is a Class 1
felony. A violation of paragraph (a) or (b) involving an
item of contraband listed in paragraphs (vi), (vii) or (viii)
of subsection (d)(4) is a Class X felony.
(f) A violation of paragraph (c) of this Section
involving alcoholic liquor is a Class 3 felony. A violation
of paragraph (c) involving cannabis is a Class 1 felony. A
violation of paragraph (c) involving any amount of a
controlled substance classified in Schedules III, IV or V of
Article II of the Illinois Controlled Substances Act is a
Class X felony. A violation of paragraph (c) involving any
amount of a controlled substance classified in Schedules I or
II of Article II of the Illinois Controlled Substances Act is
a Class X felony for which the minimum term of imprisonment
shall be 8 years. A violation of paragraph (c) involving an
item of contraband listed in paragraph (iv) of subsection
(d)(4) is a Class X felony for which the minimum term of
imprisonment shall be 8 years. A violation of paragraph (c)
involving an item of contraband listed in paragraph (v), (ix)
or (x) of subsection (d)(4) is a Class X felony for which the
minimum term of imprisonment shall be 10 years. A violation
of paragraph (c) involving an item of contraband listed in
paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
Class X felony for which the minimum term of imprisonment
shall be 12 years.
(g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed
appropriate by the Chief Administrative Officer in accordance
with Department rules or disposed of as required by law.
(Source: P.A. 89-688, eff. 6-1-97; 90-655, eff. 7-30-98.
revised 10-31-98.)
(720 ILCS 5/34-1) (from Ch. 38, par. 34-1)
Sec. 34-1. Effect of headings. Section, Article, and
Title headings contained herein shall not be deemed to
govern, limit, modify or in any manner affect the scope,
meaning, or intent of the provisions of any Section, Article,
or Title hereof.
(Source: Laws 1961, p. 1983; revised 10-31-98.)
(720 ILCS 5/46-4)
Sec. 46-4. Organizer of an aggravated fraud conspiracy.
(a) A person commits the offense of being an organizer
of an aggravated fraud conspiracy when he:
(1) with the intent that a violation of Section
46-2 of this Code be committed, agrees with another to
the commission of that offense; and
(2) with respect to other persons within the
conspiracy, occupies a position of organizer, supervisor,
financer, or other position of management.
No person may be convicted of the offense of being an
organizer of an aggravated fraud conspiracy unless an overt
act or acts in furtherance of the agreement is alleged and
proved to have been committed by him or by a co-conspirator
and the accused is part of a common scheme or plan to engage
in the unlawful activity. For the purposes of this Section,
the person or persons with whom the accused is alleged to
have agreed to commit the 3 or more violations of Section
46-1 or 46-1.1 of this Code need not be the same person or
persons for each violation, as long as the accused occupied a
position of organizer, supervisor, financer, or other
position of management in each of the 3 or more alleged
violations.
(b) It is not a defense to the offense of being an
organizer of an aggravated fraud conspiracy that the person
or persons with whom the accused is alleged to have
conspired:
(1) have not been prosecuted or convicted;
(2) have been convicted of a different offense;
(3) are not amenable to justice;
(4) have been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Notwithstanding Section 8-5 of this Code, a person
may be convicted and sentenced both for the offense of being
an organizer of an aggravated fraud conspiracy and for any
other offense that is the object of the conspiracy.
(d) The offense of being an organizer of an aggravated
fraud conspiracy is a Class X felony.
(Source: P.A. 90-333, eff. 1-1-98; revised 10-31-98.)
Section 238. The Sale Price Ad Act is amended by
changing Section 2 as follows:
(720 ILCS 350/2) (from Ch. 121 1/2, par. 852)
Sec. 2. Whenever a seller advertises that consumer
consumers goods are for sale and that advertisement states
the price of the consumer goods, the stated price must
include all services incidental to the proper use of the
goods by the purchaser, or the ad must state clearly that
such services will be furnished at extra cost.
(Source: P.A. 79-732; revised 10-31-98.)
Section 239. The Ticket Scalping Act is amended by
changing Section 2 as follows:
(720 ILCS 375/2) (from Ch. 121 1/2, par. 157.33)
Sec. 2. (a) Whoever violates any of the provisions of
Section 1.5 1 1/2 of this Act shall be guilty of a Class A
misdemeanor and may be fined up to $5,000.00 for each offense
and whoever violates any other provision of this Act may be
enjoined and be required to make restitution to all injured
consumers upon application for injunctive relief by the
State's Attorney or Attorney General and shall also be guilty
of a Class A misdemeanor, and any owner, lessee, manager or
trustee convicted under this Act shall, in addition to the
penalty herein provided, forfeit the license of such theatre,
circus, baseball park, place of public entertainment or
amusement so granted and the same shall be revoked by the
authorities granting the same.
(b) Tickets sold or offered for sale by a person, firm
or corporation in violation of Section 1.5 1 1/2 of this Act
may be confiscated by a court on motion of the Attorney
General, a State's Attorney, the sponsor of the event for
which the tickets are being sold, or the owner or operator of
the facility at which the event is to be held, and may be
donated by order of the court to an appropriate organization
as defined under Section 2 of the Charitable Games Act.
(c) The Attorney General, a State's Attorney, the
sponsor of an event for which tickets are being sold, or the
owner or operator of the facility at which an event is to be
held may seek an injunction restraining any person, firm or
corporation from selling or offering for sale tickets in
violation of the provisions of this Act. In addition, on
motion of the Attorney General, a State's Attorney, the
sponsor of an event for which tickets are being sold, or the
owner or operator of the facility at which an event is to be
held, a court may permanently enjoin a person, firm or
corporation found guilty of violating Section 1.5 1 1/2 of
this Act from engaging in the offer or sale of tickets.
(Source: P.A. 86-1210; revised 10-31-98.)
Section 240. The Illinois Controlled Substances Act is
amended by changing Sections 401, 402, 405, and 411.1 as
follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is
unlawful for any person knowingly to manufacture or deliver,
or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or controlled substance
analog. A violation of this Act with respect to each of the
controlled substances listed herein constitutes a single and
separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance which is intended for human consumption, other than
a controlled substance, that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to
produce an effect substantially similar to that of a
controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (A) not less than 6 years and not more than
30 years with respect to 15 grams or more but less
than 100 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(B) not less than 6 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(C) not less than 6 years and not more than 50
years with respect to 400 grams or more but less
than 900 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(D) not less than 6 years and not more than 60
years with respect to 900 grams or more of any
substance containing methamphetamine or any salt of
an optical isomer of methamphetamine, or an analog
thereof.
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (6.5), or (7) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein,
be fined an amount not more than $500,000 or the full street
value of the controlled or counterfeit substance or
controlled substance analog, whichever is greater. The term
"street value" shall have the meaning ascribed in Section
110-5 of the Code of Criminal Procedure of 1963. Any person
sentenced with respect to any other provision of subsection
(a), may in addition to the penalties provided therein, be
fined an amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an
optical isomer of amphetamine, or an analog thereof;
(6.5) 5 grams or more but less than 15 grams of any
substance containing methamphetamine or any salt or
optical isomer of methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
or an analog thereof, or (iii) any substance containing
methamphetamine or any salt or optical isomer of
methamphetamine, or an analog thereof, is guilty of a Class 2
felony. The fine for violation of this subsection (d) shall
not be more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections
subsection (c) and (d) to the contrary, is guilty of a Class
1 felony and shall, if sentenced to a term of imprisonment,
be sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (A) not less than 4 years and not more than
15 years with respect to 15 grams or more but less
than 100 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine;
(C) not less than 6 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine;
(D) not less than 6 years and not more than 50
years with respect to 900 grams or more of any
substance containing methamphetamine or any salt of
an optical isomer of methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
90-384, eff. 1-1-98; 90-593, eff. 6-19-98; 90-655, eff.
7-30-98; 90-674, eff. 1-1-99; revised 11-4-98.)
(720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
Sec. 405. (a) Any person who engages in a calculated
criminal drug conspiracy, as defined in subsection (b), is
guilty of a Class X felony. The fine for violation of this
Section shall not be more than $500,000, and the offender
shall be subject to the forfeitures prescribed in subsection
(c).
(b) For purposes of this section, a person engages in a
calculated criminal drug conspiracy when:
(1) he violates any of the provisions of subsection
subsections (a) or (c) of Section 401 or subsection (a)
of Section 402; and
(2) such violation is a part of a conspiracy
undertaken or carried on with two or more other persons;
and
(3) he obtains anything of value greater than $500
from, or organizes, directs or finances such violation or
conspiracy.
(c) Any person who is convicted under this section of
engaging in a calculated criminal drug conspiracy shall
forfeit to the State of Illinois:
(1) the receipts obtained by him in such
conspiracy; and
(2) any of his interests in, claims against,
receipts from, or property or rights of any kind
affording a source of influence over, such conspiracy.
(d) The circuit court may enter such injunctions,
restraining orders, directions or prohibitions, or to take
such other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under
this Section, as it deems proper.
(Source: P.A. 87-754; revised 10-31-98.)
(720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1)
Sec. 411.1. (a) Whenever any person pleads guilty to,
is found guilty of or is placed on supervision for an offense
under this Article, a fine may be levied in addition to any
other penalty imposed by the court.
(b) In determining whether to impose a fine under this
Section and the amount, time for payment, and method of
payment of any fine so imposed impose, the court shall:
(1) consider the defendant's income, regardless of
source, the defendant's earning capacity and the
defendant's financial resources, as well as the nature of
the burden the fine will impose on the defendant and any
person legally or financially dependent upon the
defendant;
(2) consider the proof received at trial, or as a
result of a plea of guilty, concerning the full street
value of the controlled substances seized and any profits
or other proceeds derived by the defendant from the
violation of this Act;
(3) take into account any other pertinent equitable
considerations; and
(4) give primary consideration to the need to
deprive the defendant of illegally obtained profits or
other proceeds from the offense.
For the purpose of paragraph (2) of this subsection,
"street value" shall be determined by the court on the basis
of testimony of law enforcement personnel and the defendant
as to the amount seized and such testimony as may be required
by the court as to the current street value of the controlled
substances.
(c) As a condition of a fine, the court may require that
payment be made in specified installments or within a
specified period of time, but such period shall not be
greater than the maximum applicable term of probation or
imprisonment, whichever is greater. Unless otherwise
specified, payment of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on
an organization, it is the duty of each individual authorized
to make disbursements of the assets of the organization to
pay the fine from assets of the organization.
(e) (1) A defendant who has been sentenced to pay a
fine, and who has paid part but not all of such fine, may
petition the court for an extension of the time for payment
or modification of the method of payment.
(2) The court may grant a petition made pursuant to this
subsection if it finds that:
(i) the circumstances that warranted payment by the
time or method specified no longer exist; or
(ii) it is otherwise unjust to require payment of
the fine by the time or method specified.
(Source: P.A. 83-778; revised 10-31-98.)
Section 241. The Drug Paraphernalia Control Act is
amended by changing Section 4 as follows:
(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
Sec. 4. Exemptions. This Act shall not apply to:
(a) Items marketed for use in the preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an incident to lawful research,
teaching, or chemical analysis and not for sale.; or
(b) Items marketed for, or historically and customarily
used in connection with, the planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, or inhaling of tobacco or
any other lawful substance.
Items exempt under this subsection include, but are not
limited to, garden hoes, rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
(c) Items listed in Section 2 (2) of this Act which are
marketed for decorative purposes, when such items have been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
In determining whether or not a particular item is exempt
under this subsection, the trier of fact should consider, in
addition to all other logically relevant factors, the
following:
(1) the general, usual, customary, and historical
use to which the item involved has been put;
(2) expert evidence concerning the ordinary or
customary use of the item and the effect of any
peculiarity in the design or engineering of the device
upon its functioning;
(3) any written instructions accompanying the
delivery of the item concerning the purposes or uses to
which the item can or may be put;
(4) any oral instructions provided by the seller of
the item at the time and place of sale or commercial
delivery;
(5) any national or local advertising, concerning
the design, purpose or use of the item involved, and the
entire context in which such advertising occurs;
(6) the manner, place and circumstances in which
the item was displayed for sale, as well as any item or
items displayed for sale or otherwise exhibited upon the
premises where the sale was made;
(7) whether the owner or anyone in control of the
object is a legitimate supplier of like or related items
to the community, such as a licensed distributor or
dealer of tobacco products;
(8) the existence and scope of legitimate uses for
the object in the community.
(Source: P.A. 82-1032; revised 10-31-98.)
Section 242. The Grain Coloring Act is amended by
changing Section 2 as follows:
(720 ILCS 625/2) (from Ch. 5, par. 212)
Sec. 2. No person shall offer for sale, or procure to be
sold, any barley, wheat, or other grain that has, which shall
have been subjected to such fumigation, or other process, as
provided in Section 1 one (1) of this Act, knowing such
barley, wheat, or other grain to have been so subjected.
(Source: Laws 1877, p. 91; revised 10-31-98.)
Section 243. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-13 and 115-10 as follows:
(725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
Sec. 112A-13. Continuances.
(a) Petitions for Emergency Orders. Petitions for
emergency remedies shall be granted or denied in accordance
with the standards of Section 217 of the Illinois Domestic
Violence Act of 1986, regardless of respondent's presence in
court or appearance.
(b) Petitions for Interim and Plenary Orders. Any
action for an order of protection is an expedited proceeding.
Continuances should be granted only for good cause shown and
kept to the minimum reasonable duration, taking into account
the reasons for the continuance. If the continuance is
necessary for some, but not all, of the remedies requested,
hearing on those other remedies shall not be delayed.
(Source: P.A. 84-1305; revised 10-31-98.)
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was an institutionalized severely or profoundly
mentally retarded person as defined in Section 2-10.1 of the
Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 12-13 through 12-16 of the Criminal Code of 1961 and
prosecutions for violations of Sections 10-1, 10-2, 10-3,
10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7,
12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10, 12-11,
12-21.5, 12-21.6 and 12-32 of the Criminal Code of 1961, the
following evidence shall be admitted as an exception to the
hearsay rule:
(1) testimony by the victim of an out of court
statement made by the victim that he or she complained of
such act to another; and
(2) testimony of an out of court statement made by
the victim describing any complaint of such act or matter
or detail pertaining to any act which is an element of an
offense which is the subject of a prosecution for a
sexual or physical act against that victim.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside
the presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or institutionalized severely or
profoundly mentally retarded person either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the
subject of the statement; and
(3) In a case involving an offense perpetrated
against a child under the age of 13, the out of court
statement was made before the victim attained 13 years of
age or within 3 months after the commission of the
offense, whichever occurs later, but the statement may be
admitted regardless of the age of the victim at the time
of the proceeding.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the
statement and that, in making the determination, it shall
consider the age and maturity of the child, or the
intellectual capabilities of the institutionalized severely
or profoundly mentally retarded person, the nature of the
statement, the circumstances under which the statement was
made, and any other relevant factor.
(d) The proponent of the statement shall give the
adverse party reasonable notice of his intention to offer the
statement and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to
a protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 90-656, eff. 7-30-98; 90-786, eff. 1-1-99;
revised 9-16-98.)
Section 244. The Rights of Crime Victims and Witnesses
Act is amended by changing Section 5 as follows:
(725 ILCS 120/5) (from Ch. 38, par. 1405)
Sec. 5. Rights of Witnesses.
(a) Witnesses as defined in subsection (b) of Section 3
of this Act shall have the following rights:
(1) to be notified by the Office of the State's
Attorney of all court proceedings at which the witness'
presence is required in a reasonable amount of time prior
to the proceeding, and to be notified of the cancellation
of any scheduled court proceeding in sufficient time to
prevent an unnecessary appearance in court, where
possible;
(2) to be provided with appropriate employer
intercession services by the Office of the State's
Attorney or the victim advocate personnel to ensure that
employers of witnesses will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(3) to be provided, whenever possible, a secure
waiting area during court proceedings that does not
require witnesses to be in close proximity to defendants
and their families and friends;
(4) to be provided with notice by the Office of the
State's Attorney, where necessary, of the right to have a
translator present whenever the witness' presence is
required.
(b) At the written request of the witness, the witness
shall:
(1) receive notice from the office of the State's
Attorney of any request for post-conviction review filed
by the defendant under Article 122 of the Code of
Criminal Procedure of 1963, and of the date, time, and
place of any hearing concerning the petition for
post-conviction review; whenever possible, notice of the
hearing on the petition shall be given in advance;
(2) receive notice by the releasing authority of
the defendant's discharge from State custody if the
defendant was committed to the Department of Human
Services under Section 5-2-4 or any other provision of
the Unified Code of Corrections;
(3) receive notice from the Prisoner Review Board
of the prisoner's escape from State custody, after the
Board has been notified of the escape by the Department
of Corrections; when the escapee is apprehended, the
Department of Corrections shall immediately notify the
Prisoner Review Board and the Board shall notify the
witness;
(4) receive notice from the Prisoner Review Board
of the prisoner's release on parole, electronic
detention, work release or mandatory supervised release
and of the prisoner's final discharge from parole,
electronic detention, work release, or mandatory
supervised release.
(Source: P.A. 88-489; 88-596, eff. 8-28-94; 88-677, eff.
12-15-94; 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; revised
10-31-98.)
Section 245. The Pretrial Services Act is amended by
changing Sections 20 and 31 as follows:
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. In preparing and presenting its written reports
under Sections Section 17 and 19, pretrial services agencies
shall in appropriate cases include specific recommendations
for the setting, increase, or decrease of bail; the release
of the interviewee on his own recognizance in sums certain;
and the imposition of pretrial conditions to bail or
recognizance designed to minimize the risks of nonappearance,
the commission of new offenses while awaiting trial, and
other potential interference with the orderly administration
of justice. In establishing objective internal criteria of
any such recommendation policies, the agency may utilize
so-called "point scales" for evaluating the aforementioned
risks, but no interviewee shall be considered as ineligible
for particular agency recommendations by sole reference to
such procedures.
(Source: P.A. 84-1449; revised 10-31-98.)
(725 ILCS 185/31) (from Ch. 38, par. 331)
Sec. 31. Information and records maintained by the
pretrial services agency which have has not been disclosed in
open court during a court proceeding shall not be released by
the pretrial services agency to any individual or
organization, other than any employee of a Probation and
Court Service Department, without the express permission of
the interviewed or supervised person at or near the time the
information is to be released. An individual shall have
access to all information and records about himself or
herself maintained by or collected by the pretrial services
agency. The principle of confidentiality shall not bar a
pretrial services agency from making its data available for
research purposes to qualified personnel, provided that no
records or other information shall be made available in which
individuals interviewed or supervised are identified or from
which their identities are ascertainable.
(Source: P.A. 84-1449; revised 10-31-98.)
Section 246. The Sexually Violent Persons Commitment Act
is amended by changing Sections 10 and 15 as follows:
(725 ILCS 207/10)
Sec. 10. Notice to the Attorney General and State's
Attorney.
(a) In this Act, "agency with jurisdiction" means the
agency with the authority or duty to release or discharge the
person.
(b) If an agency with jurisdiction has control or
custody over a person who may meet the criteria for
commitment as a sexually violent person, the agency with
jurisdiction shall inform the Attorney General and the
State's Attorney in a position to file a petition under
paragraph (a)(2) of Section 15 of this Act regarding the
person as soon as possible beginning 3 months prior to the
applicable date of the following:
(1) The anticipated release from imprisonment or
the anticipated entry into mandatory supervised release
of a person who has been convicted of a sexually violent
offense.
(2) The anticipated release from a Department of
Corrections correctional facility or juvenile
correctional facility of a person adjudicated delinquent
under Section 5-20 of the Juvenile Court Act of 1987 (now
repealed) or found guilty under Section 5-620 of that
Act, on the basis of a sexually violent offense.
(3) The discharge or conditional release of a
person who has been found not guilty of a sexually
violent offense by reason of insanity under Section 5-2-4
of the Unified Code of Corrections.
(c) The agency with jurisdiction shall provide the
Attorney General and the State's Attorney with all of the
following:
(1) The person's name, identifying factors,
anticipated future residence and offense history;
(2) A comprehensive evaluation of the person's
mental condition, the basis upon which a determination
has been made that the person is subject to commitment
under subsection (b) of Section 15 of this Act and a
recommendation for action in furtherance of the purposes
of this Act; and
(3) If applicable, documentation of any treatment
and the person's adjustment to any institutional
placement.
(d) Any agency or officer, employee or agent of an
agency is immune from criminal or civil liability for any
acts or omissions as the result of a good faith effort to
comply with this Section.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
revised 8-26-98.)
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually
violent person may be filed by:
(1) The Attorney General, at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or
her own motion. If the Attorney General, after
consulting with and advising the State's Attorney of the
county referenced in paragraph (a)(2) of this Section,
decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person or within 30 days of placement
onto parole or mandatory supervised release for an
offense enumerated in paragraph (e) of Section 5 of this
Act.
(2) If the Attorney General does not file a
petition under this Section, the State's Attorney of the
county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section jointly.
(b) A petition filed under this Section shall allege
that all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following
criteria:
(A) The person has been convicted of a
sexually violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity,
mental disease, or mental defect.
(2) The person is within 90 days of discharge or
entry into mandatory supervised release from a Department
of Corrections correctional facility for a sentence that
was imposed upon a conviction for a sexually violent
offense or for a sentence that is being served
concurrently or consecutively with a sexually violent
offense or is within the initial 30 days of the person's
entry date into parole or mandatory supervised release;
or
(3) The person is within 90 days of discharge or
release from a Department of Corrections juvenile
correctional facility, if the person was placed in the
facility for being adjudicated delinquent under Section
5-20 of the Juvenile Court Act of 1987 (now repealed) or
found guilty under Section 5-620 of that Act, on the
basis of a sexually violent offense or from a commitment
order that was entered as a result of a sexually violent
offense.
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial
probability that he or she will engage in acts of sexual
violence.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that
is a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is
alleged to be sexually motivated.
(d) A petition under this Section shall be filed in
either of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason
of insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or
juvenile correctional facility, or a commitment order.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
revised 8-26-98.)
Section 247. The Unified Code of Corrections is amended
by changing Sections 3-2-2, 3-6-3, 3-6-3.1, 5-4-1, 5-5-3,
5-5-3.1, 5-5-3.2, 5-6-1, 5-7-6, and 5-8A-4 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 67.02 of the 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 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a)(1) The Department of Corrections shall
prescribe rules and regulations for the early release on
account of good conduct of persons committed to the
Department which shall be subject to review by the
Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after June 19, 1998 the effective date of this amendatory
Act of 1998, the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after June 19, 1998
the effective date of this amendatory Act of 1998, and
other than the offense of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of
1961 committed on or after January 1, 1999, the rules and
regulations shall provide that a prisoner who is serving
a term of imprisonment shall receive one day of good
conduct credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each
day of good conduct credit shall reduce by one day the
prisoner's period of imprisonment or recommitment under
Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(2.3) The rules and regulations on early release
shall provide that a prisoner who is serving a sentence
for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 committed on or
after January 1, 1999 shall receive no more than 4.5 days
of good conduct credit for each month of his or her
sentence of imprisonment.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after June 19, 1998 or (ii)
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 when the offense is
committed on or after January 1, 1999 the effective date
of this amendatory Act of 1998.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. However, no
inmate shall be eligible for the additional good conduct
credit under this paragraph (4) while assigned to a boot
camp, mental health unit, or electronic detention, or if
convicted of an offense enumerated in paragraph (a)(2) of
this Section that is committed on or after June 19, 1998
the effective date of this amendatory Act of 1998, or if
convicted of reckless homicide as defined in subsection
(e) of Section 9-3 of the Criminal Code of 1961 if the
offense is committed on or after January 1, 1999, or
first degree murder, a Class X felony, criminal sexual
assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm,
or any predecessor or successor offenses with the same or
substantially the same elements, or any inchoate offenses
relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) who (i) has previously received
increased good conduct credit under this paragraph (4)
and has subsequently been convicted of a felony, or (ii)
has previously served more than one prior sentence of
imprisonment for a felony in an adult correctional
facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(A) it lacks an arguable basis either in law
or in fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing
law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual
contentions do not have evidentiary support or, if
specifically so identified, are not likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post-conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a motion pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(e) Nothing in this amendatory Act of 1998 affects the
validity of Public Act 89-404. and other than the offense of
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 committed on or after the
effective date of this amendatory Act of 1998, (2.3) The
rules and regulations on early release shall provide that a
prisoner who is serving sentence for reckless homicide as
defined in subsection (e) of Section 9-3 of the Criminal Code
of 1961 committed on or after the effective date of this
amendatory Act of 1998 shall receive no more than 4.5 days of
good conduct credit for each month of his or her sentence of
imprisonment.: (i) or (ii) reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of 1961
when the offense is committed on or after the effective date
of this amendatory Act of 1998 or if convicted of reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense is committed on or after
the effective date of this amendatory Act of 1998,
(Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
(730 ILCS 5/3-6-3.1)
Sec. 3-6-3.1. Truth-in-Sentencing Commission.
(a) Legislative findings. The General Assembly finds
that violent crime continues to be a severe problem in
Illinois. Criminals sentenced to prison for violating the
laws of Illinois are often released after serving a fraction
of their sentence under Illinois' early release statute. The
early release of criminals from prison after they are
sentenced to longer terms in court misleads the public as
well as victims of crime. Many of these criminals return to
a life of crime immediately upon their early release from
prison, committing violent acts including murder and rape.
Public safety, as well as the integrity of the justice
system, demands that criminals serve the sentences handed
down by the courts, and that a Truth-in-Sentencing Commission
be established to effectuate this goal.
(b) Truth-in-Sentencing Commission. There is created
the Illinois Truth-in-Sentencing Commission, to consist of 13
members as follows:
(1) Three members appointed by the Governor, one of
whom shall be a member of the faculty of an accredited
Illinois law school;
(2) The Attorney General or his or her designee;
(3) One member appointed by the President of the
Senate;
(4) One member appointed by the Minority Leader of
the Senate;
(5) One member appointed by the Speaker of the
House of Representatives;
(6) One member appointed by the Minority Leader of
the House of Representatives;
(7) The Director of the Illinois Department of
Corrections or his or her designee;
(8) The State's Attorney of Cook County or his or
her designee;
(9) The Executive Director of the Illinois Criminal
Justice Information Authority or his or her designee;
(10) The President of the Illinois State's
Attorneys Association; and
(11) The President of the Illinois Association of
Chiefs of Police.
All appointments shall be filed with the Secretary of
State by the appointing authority.
(c) Duties of the Commission. This Commission shall:
(1) develop and monitor legislation facilitating
the implementation of Truth-in-Sentencing laws which
require criminals to serve at least 85% of their
court-imposed sentences, using any information and
recommendations available regarding those laws;
(2) review the funding provisions of the Violent
Crime Control Act of 1994, and any subsequent federal
legislation of a comparable nature, to comment in
appropriate federal rulemaking and legislative processes
on State law enforcement, correctional, and fiscal
concerns, and, upon the finalization of federal
requirements, to determine what is required to obtain
maximum federal funding to assist the State in
implementing Truth-in-Sentencing laws; and
(3) study the possibility of changing sentences in
order to more accurately reflect the actual time spent in
prison, while preserving the system's ability to punish
criminals justly and equitably.
(d) Organization. The Commission shall elect a Chair
and Vice-Chair from among its members at its first meeting.
The members of the Commission shall serve without
compensation but shall be reimbursed for reasonable expenses
incurred in the course of performing their duties.
(e) Intergovernmental cooperation. The Illinois
Criminal Justice Information Authority shall assist the
Commission with any and all research and drafting necessary
to fulfill its duties. The Illinois Department of
Corrections shall give any reasonable assistance to the
Commission, including making available all pertinent
statistical information at the Department's disposal.
(f) The Commission shall present a full report and a
draft of appropriate Truth-in-Sentencing legislation to the
Governor and the General Assembly no later than September 30,
1998 March 1, 1999.
(Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
89-689, eff. 12-31-96; 90-592, eff. 6-19-98; 90-593, eff.
6-19-98; revised 6-25-98)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under
hearing procedures otherwise specified, after a determination
of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may,
in its discretion, accept an evaluation from a program in the
state of such individual's residence. The court may in its
sentencing order approve an eligible defendant for placement
in a Department of Corrections impact incarceration program
as provided in Section 5-8-1.1. At the hearing the court
shall:
(1) consider the evidence, if any, received upon
the trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by
the parties in aggravation and mitigation;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, committed by
the defendant the opportunity to make a statement
concerning the impact on the victim and to offer evidence
in aggravation or mitigation; provided that the statement
and evidence offered in aggravation or mitigation must
first be prepared in writing in conjunction with the
State's Attorney before it may be presented orally at the
hearing. Any sworn testimony offered by the victim is
subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court; and
(8) in cases of reckless homicide afford the
victim's spouse, guardians, parents or other immediate
family members an opportunity to make oral statements.
(b) All sentences shall be imposed by the judge based
upon his independent assessment of the elements specified
above and any agreement as to sentence reached by the
parties. The judge who presided at the trial or the judge
who accepted the plea of guilty shall impose the sentence
unless he is no longer sitting as a judge in that court.
Where the judge does not impose sentence at the same time on
all defendants who are convicted as a result of being
involved in the same offense, the defendant or the State's
Attorney may advise the sentencing court of the disposition
of any other defendants who have been sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other drug
or any combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of
the court and shall be a public record.
(c-1) In imposing a sentence for the offense of
aggravated kidnapping for ransom, home invasion, armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other
than when a sentence of natural life imprisonment or a
sentence of death is imposed, at the time the sentence is
imposed the judge shall state on the record in open court the
approximate period of time the defendant will serve in
custody according to the then current statutory rules and
regulations for early release found in Section 3-6-3 and
other related provisions of this Code. This statement is
intended solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied on by
the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed on
or after June 19, 1998 the effective date of this amendatory
Act of 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on
or after January 1, 1999, the judge's statement, to be given
after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or
after June 19, 1998 the effective date of this amendatory Act
of 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense was committed on or
after January 1, 1999, the judge's statement, to be given
after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998 the effective date of this amendatory Act of 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts
and circumstances which may aid such department, agency or
institution during its custody of such person. The clerk
shall within 10 days after receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause for delay in conveying the person to the
department, agency or institution to which he has been
committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of
this Section;
(6) any medical or mental health records or
summaries of the defendant;
(7) the municipality where the arrest of the
offender or the commission of the offense has occurred,
where such municipality has a population of more than
25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs
the clerk to transmit. and other than when the sentence
is imposed for reckless homicide as defined in subsection
(e) of Section 9-3 of the Criminal Code of 1961 if the
offense was committed on or after the effective date of
this amendatory Act of 1998, and when the sentence is
imposed for reckless homicide as defined in subsection
(e) of Section 9-3 of the Criminal Code of 1961 if the
offense was committed on or after the effective date of
this amendatory Act of 1998,
(Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
1-1-99; revised 9-16-98.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which he
committed the offense for which he is being
sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) (Q) A violation of Section 24-3A of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
48 consecutive hours or 100 hours of community service as
may be determined by the court shall be imposed for a
second or subsequent violation committed within 5 years
of a previous violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than
7 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing
under Section 33B-1 is applicable, a term of imprisonment
of not less than 15 years nor more than 50 years shall be
imposed on a defendant who violates Section 33A-2 of the
Criminal Code of 1961 with a firearm, when that person
has been convicted in any state or federal court of 3 or
more of the following offenses: treason, first degree
murder, second degree murder, aggravated criminal sexual
assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great
bodily harm or permanent disability or disfigurement, or
a violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed
after conviction on the second, the second offense was
committed after conviction on the first, and the
violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment
of not less than 10 years and not more than 30 years
shall be imposed on a defendant who violates Section
33A-2 with a Category I weapon where the offense was
committed in any school, or any conveyance owned, leased,
or contracted by a school to transport students to or
from school or a school related activity, on the real
property comprising any school or public park, and where
the offense was related to the activities of an organized
gang. For the purposes of this paragraph (11),
"organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in Mitigation.
(a) The following grounds shall be accorded weight in
favor of withholding or minimizing a sentence of
imprisonment:
(1) The defendant's criminal conduct neither caused
nor threatened serious physical harm to another.;
(2) The defendant did not contemplate that his
criminal conduct would cause or threaten serious physical
harm to another.;
(3) The defendant acted under a strong
provocation.;
(4) There were substantial grounds tending to
excuse or justify the defendant's criminal conduct,
though failing to establish a defense.;
(5) The defendant's criminal conduct was induced or
facilitated by someone other than the defendant.;
(6) The defendant has compensated or will
compensate the victim of his criminal conduct for the
damage or injury that he sustained.;
(7) The defendant has no history of prior
delinquency or criminal activity or has led a law-abiding
life for a substantial period of time before the
commission of the present crime.;
(8) The defendant's criminal conduct was the result
of circumstances unlikely to recur.;
(9) The character and attitudes of the defendant
indicate that he is unlikely to commit another crime.;
(10) The defendant is particularly likely to comply
with the terms of a period of probation.;
(11) The imprisonment of the defendant would entail
excessive hardship to his dependents.;
(12) The imprisonment of the defendant would
endanger his or her medical condition.
(13) The defendant was mentally retarded as defined
in Section 5-1-13 of this Code.
(b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of
the term imposed.
(Source: P.A. 86-903; revised 10-31-98.)
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence
under Section 5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for
committing the offense;
(3) the defendant has a history of prior
delinquency or criminal activity;
(4) the defendant, by the duties of his office or
by his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional
reputation or position in the community to commit the
offense, or to afford him an easier means of committing
it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's
property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of
a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section,
"sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship
or on the grounds of a place of worship, immediately
prior to, during or immediately following worship
services. For purposes of this subparagraph, "place of
worship" shall mean any church, synagogue or other
building, structure or place used primarily for religious
worship;
(12) the defendant was convicted of a felony
committed while he was released on bail or his own
recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit
a felony while he was wearing a bulletproof vest. For
the purposes of this paragraph (13), a bulletproof vest
is any device which is designed for the purpose of
protecting the wearer from bullets, shot or other lethal
projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker,
in relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to
the activities of an organized gang. For the purposes of
this factor, "organized gang" has the meaning ascribed to
it in Section 10 of the Streetgang Terrorism Omnibus
Prevention Act;
(16) the defendant committed an offense in
violation of one of the following Sections while in a
school, regardless of the time of day or time of year; on
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity; on the real property of a school; or on
a public way within 1,000 feet of the real property
comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961;
(17) the defendant committed the offense by reason
of any person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For the
purpose of this Section, "community policing volunteer"
has the meaning ascribed to it in Section 2-3.5 of the
Criminal Code of 1961.
For the purposes of this Section, "school" is defined as
a public or private elementary or secondary school, community
college, college, or university.
(b) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
(1) When a defendant is convicted of any felony,
after having been previously convicted in Illinois or any
other jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time
of the offense or such person's property;
(ii) a person 60 years of age or older at the
time of the offense or such person's property; or
(iii) a person physically handicapped at the
time of the offense or such person's property; or
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds that aggravated criminal
sexual assault or criminal sexual assault was also
committed on the same victim by one or more other
individuals, and the defendant voluntarily participated
in the crime with the knowledge of the participation of
the others in the crime, and the commission of the crime
was part of a single course of conduct during which there
was no substantial change in the nature of the criminal
objective; or
(6) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony,
rite, initiation, observance, performance, practice or
activity of any actual or ostensible religious,
fraternal, or social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery,
religious, fraternal, business, governmental,
educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in
Illinois of any offense listed under paragraph (c)(2) of
Section 5-5-3, when such conviction has occurred within
10 years after the previous conviction, excluding time
spent in custody, and such charges are separately brought
and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of
management or leadership, and the court further finds
that the felony committed was related to or in
furtherance of the criminal activities of an organized
gang or was motivated by the defendant's leadership in an
organized gang; or
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang.
(b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(d) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of the Criminal Code of
1961 for possessing a weapon that is not readily
distinguishable as one of the weapons enumerated in Section
24-1 of the Criminal Code of 1961.
(Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff.
1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations
of the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would
deprecate the seriousness of the offender's conduct and
would be inconsistent with the ends of justice.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the
charge or a finding of guilt, defer further proceedings and
the imposition of a sentence, and enter an order for
supervision of the defendant, if the defendant is not charged
with a Class A misdemeanor, as defined by the following
provisions of the Criminal Code of 1961: Sections 12-3.2;
12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; and Section 1 of the Boarding
Aircraft With Weapon Act; or a felony. If the defendant is
not barred from receiving an order for supervision as
provided in this subsection, the court may enter an order for
supervision after considering the circumstances of the
offense, and the history, character and condition of the
offender, if the court is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best
served if the defendant were not to receive a criminal
record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, and the plea or
stipulation was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the
Criminal Code of 1961 if said defendant has within the last 5
years been:
(1) convicted for a violation of Section 16A-3 of
the Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of
this Section, the provisions of paragraph (c) shall not apply
to a defendant charged with violating Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has within
the last 5 years been:
(1) convicted for a violation of Section 3-707,
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of
the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the
fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the
Conference of Chief Circuit Judges. The accused shall be
responsible for payment of any traffic safety program
fees. If the accused fails to file a certificate of
successful completion on or before the termination date
of the supervision order, the supervision shall be
summarily revoked and conviction entered. The provisions
of Supreme Court Rule 402 relating to pleas of guilty do
not apply in cases when a defendant enters a guilty plea
under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance if the defendant has been assigned supervision for
a violation of Section 3-707 of the Illinois Vehicle Code or
a similar provision of a local ordinance.
(j) (i) The provisions of paragraph (c) shall not apply
to a defendant charged with violating Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the revocation or suspension was for a
violation of Section 11-501 or a similar provision of a local
ordinance, a violation of Section 11-501.1 or paragraph (b)
of Section 11-401 of the Illinois Vehicle Code, or a
violation of Section 9-3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6-303 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised
9-21-98.)
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of
Corrections Correction; collection and disposition of
compensation.
(a) Every gainfully employed offender shall be
responsible for managing his or her earnings. The clerk of
the circuit court shall have only those responsibilities
regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to
periodic imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established,
with the concurrence of the chief judge of the judicial
circuit, by the county board of the county in which the
offender is incarcerated. The concurrence of the chief judge
shall be in the form of an administrative order. In
establishing the fee for room and board consideration may be
given to all costs incidental to the incarceration of
offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional
charge, be furnished with a meal to carry to work. Each
week, on a day designated by the clerk of the circuit court,
every offender shall pay the clerk the fees for the
offender's room and board. Failure to pay the clerk on the
day designated shall result in the termination of the
offender's release. All fees for room and board collected by
the circuit court clerk shall be disbursed into the county's
General Corporate Fund.
By order of the court, all or a portion of the earnings
of employed offenders shall be turned over to the clerk to be
distributed for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and
other incidental expenses of the offender, when those
expenses are incurred by the administrator of the
offender's imprisonment;
(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are
recipients of financial assistance pursuant to the Illinois
Public Aid Code, or who are residents of a State hospital,
State school or foster care facility provided by the State,
the court shall order the offender to turn over all or a
portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph (a), distribute
those earnings to the appropriate agency as reimbursement for
the cost of care of such dependents. The order shall permit
the Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) or the local governmental unit, as the
case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person
in their behalf, upon removal of the dependents from the
public aid rolls; and upon such direction and removal of the
recipients from the public aid rolls, the Department of Human
Services or the local governmental unit, as the case
requires, shall give written notice of such action to the
court. Payments received by the Department of Human Services
or by governmental units in behalf of recipients of public
aid shall be deposited into the General Revenue Fund of the
State Treasury or General Assistance Fund of the governmental
unit, under Section 10-19 of the Illinois Public Aid Code.
(c) The clerk of the circuit court shall keep individual
accounts of all money collected by him as required by this
Article. He shall deposit all moneys as trustee in a
depository designated by the county board and shall make
payments required by the court's order from such trustee
account. Such accounts shall be subject to audit in the same
manner as accounts of the county are audited.
(d) If an institution or the Department of Corrections
certifies to the court that it can administer this Section
with respect to persons committed to it under this Article,
the clerk of the court shall be relieved of its duties under
this Section and they shall be assumed by such institution or
the Department.
(Source: P.A. 89-507, eff. 7-1-97; 89-532, eff. 7-19-96;
90-14, eff. 7-1-97; revised 10-31-98.)
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic home detention program
shall operate. These rules shall include but not be limited
to the following:
(A) The participant shall remain within the interior
premises or within the property boundaries of his or her
residence at all times during the hours designated by the
supervising authority. Such instances of approved absences
from the home may include but are not limited to the
following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the participant
by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority.
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated by
the supervising authority to visit the participant's place of
education or employment at any time, based upon the approval
of the educational institution employer or both, for the
purpose of verifying the participant's compliance with the
conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as designated
by the supervising authority at any time for the purpose of
verifying the participant's compliance with the conditions of
his or her detention.
(E) The participant shall maintain the following:
(1) a working telephone in the participant's home;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of this
Section Section 5-8A-4.
(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to
prosecution for the crime of escape as described in Section
5-8A-4.1.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(Source: P.A. 89-647, eff. 1-1-97; revised 10-31-98.)
Section 248. The Probation and Probation Officers Act is
amended by changing Section 13 as follows:
(730 ILCS 110/13) (from Ch. 38, par. 204-5)
Sec. 13. It shall be the duty of the director of the
court services department or the chief probation officer,
appointed as provided in this act, to supervise and control
the work of all subordinate court services or probation
officers under his or her jurisdiction subject to the general
administrative and supervisory authority of the Chief Circuit
Judge or another judge designated by the Chief Circuit Judge,
and to control and supervise, as herein provided, the conduct
of probationers to such extent as the court may direct.
The Chief Circuit Judge, or another judge designated by
the Chief Circuit Judge to have general administrative and
supervisory authority over the director of the court services
department or the chief probation officer, or may authorize
the director or chief probation officer to appoint all
subordinate court services department officers or probation
officers, who shall serve at the pleasure of the director or
chief probation officer.
In addition to the authority to discharge such
subordinate officers, the director or chief probation officer
may impose lesser disciplinary sanctions as the circumstances
warrant in the judgment of the director or chief probation
officer. Any disciplinary action taken by the director or
chief probation officer shall be in accordance with any State
or federal laws that may be applicable.
It shall be the duty of the county board to furnish
suitable rooms and accommodations, equipment and supplies for
said probation officers and clerical assistants in that
jurisdiction, and for the keeping of the records, equipment
and supplies of the office. The number of clerical
assistants shall be determined by the Chief Circuit Judge or
another judge designated by the Chief Circuit Judge to have
general administrative and supervisory authority over the
director of the court services department or the chief
probation officer and shall be appointed by the director or
chief probation officer. Salaries of said clerical
assistants shall be fixed by the county board.
(Source: P.A. 86-639; revised 1-14-99.)
Section 249. The Sex Offender and Child Murderer
Community Notification Law is amended by changing Section 120
as follows:
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
and offense or adjudication of all sex offenders required to
register under Section 3 of the Sex Offender Registration
Act:
(1) (Blank);
(2) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the county where the
sex offender resides; and
(3) Child care facilities located in the county
where the sex offender resides.;
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, and offense or
adjudication of all sex offenders required to register under
Section 3 of the Sex Offender Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located within the region of
Cook County, as those public school districts and
nonpublic schools are identified in LEADS, other than the
City of Chicago, where the sex offender resides; and
(2) Child care facilities located within the region
of Cook County, as those child care facilities are
identified in LEADS, other than the City of Chicago,
where the sex offender resides.
(a-3) The Chicago Police Department shall disclose to
the following the name, address, date of birth, and offense
or adjudication of all sex offenders required to register
under Section 3 of the Sex Offender Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the police district
where the sex offender resides if the offender resides in
the City of Chicago; and
(2) Child care facilities located in the police
district where the sex offender resides if the offender
resides in the City of Chicago.
(a-4) The Department of State Police shall provide a
list of sex offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Department of State Police and any law
enforcement agency having jurisdiction may disclose, in the
Department's or agency's discretion, the following
information to any person likely to encounter a sex offender
required to register under Section 3 of the Sex Offender
Registration Act:
(1) The offender's name, address, and date of
birth.
(2) The offense for which the offender was
convicted.
(3) Adjudication as a sexually dangerous person.
(c) The name, address, date of birth, and offense or
adjudication for sex offenders required to register under
Section 3 of the Sex Offender Registration Act shall be open
to inspection by the public as provided in this Section.
Every municipal police department shall make available at its
headquarters the information on all sex offenders who are
required to register in the municipality under the Sex
Offender Registration Act. The sheriff shall also make
available at his or her headquarters the information on all
sex offenders who are required to register under that Act and
who live in unincorporated areas of the county. The
information shall be made available for public inspection
according to procedures set by the department or sheriff,
upon request of any person presented in writing, in person,
or by telephone. The law enforcement agency may make
available the information on all sex offenders residing
within the county.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)
Section 250. The Code of Civil Procedure is amended by
changing Sections 2-109, 4-109, 4-227, 7-103, 9-111.1,
12-101, 12-147, 12-153, 12-164, 12-183, and 15-1504 and the
caption to Part 2 of Article IX and by adding Sections
7-103.1, 7-103.3, 7-103.5 through 7-103.41, 7-103.41a,
7-103.42 through 7-103.49, and 7-103.51 through 7-103.70 as
follows:
(735 ILCS 5/2-109) (from Ch. 110, par. 2-109)
Sec. 2-109. Malicious prosecution - medical malpractice.
In all cases alleging malicious prosecution arising out of
proceedings which sought damages for injuries or death by
reason of medical, hospital, or other healing art
malpractice, the plaintiff need not plead or prove special
injury to sustain his or her cause of action. In all such
cases alleging malicious prosecution, no exemplary or
punitive damages shall be allowed.
(Source: P.A. 84-1308, revised 10-31-98.)
(735 ILCS 5/4-109) (from Ch. 110, par. 4-109)
Sec. 4-109. Condition of bond. The condition of the bond
shall be applicable to additional certified copies of the
order for attachment as well as to the first certified copy
of the order for attachment and shall be substantially in the
following form:
The condition of this obligation is such, that whereas
the plaintiff has on (insert date) ..... 19..... applied for
an order for attachment in the above entitled action of ....
against the estate of the above named ..... Now, if the ....
shall prosecute the action with effect, or in the case of
failure therein shall satisfy all costs which may be awarded
to .... or to any person or persons interested in the
property attached, and all damages and costs which shall be
recovered against the plaintiff for wrongfully obtaining the
order for attachment, then the above obligation to be void;
otherwise to remain in full force and effect.
Additional bonds shall not be required for obtaining
additional certified copies, except as provided in Section
4-115 of this Act.
(Source: P.A. 83-707; revised 10-19-98.)
(735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
Sec. 4-227. Remnants. Any portion of the sum so paid by
the sheriff to the clerk, or of a deposit remaining after
such distribution as hereinabove provided, shall be
denominated remnants and surplus proceeds, and where any
claim or complaint is filed against the same as provided in
Part 2 of or Article IV of this Act, distribution shall be
directed by the court after judgment upon motion and notice,
as provided in Section 4-226 of this Act, and after the
following order:
First - All costs upon claims passing into judgment which
were filed after distribution.
Second - All other liens enforceable under Part 2 of
Article IV of this Act against the water craft prior to
distribution.
Third - All claims upon mortgages of such water craft or
other incumbrances by the owner, in proportion to the
interest they cover and priority.
Fourth - Upon petition of the creditor, all judgments
against the owner, and which ought equitably to be paid out
of the proceeds in preference to the owner.
Fifth - The owner.
(Source: P.A. 82-280; revised 10-31-98.)
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take".
(a) This Section applies only to proceedings under this
Article that are authorized in the Sections following this
Section and preceding Section 7-104.:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 6 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois;
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997, by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16,
1997, by the Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County;
(50) (blank);
(51) for a period of 12 months after July 25, 1997,
by the Village of Bloomingdale for utility relocations
necessitated by the Lake Street Improvement Project on
Lake Street between Glen Ellyn Road and Springfield Drive
in the Village of Bloomingdale;
(52) for a period of 36 months after July 25, 1997,
by the City of Freeport, owners of the Freeport Albertus
Municipal Airport, to allow for acquisition of any land,
rights, or other property lying between East Lamm Road
and East Borchers Road to complete realignment of South
Hollywood Road and to establish the necessary runway
safety zone in accordance with Federal Aviation
Administration and Illinois Department of Transportation
design criteria;
(53) for a period of 3 years after July 1, 1997, by
the Village of Elmwood Park to be used only for the
acquisition of commercially zoned property within the
area designated as the Tax Increment Redevelopment
Project Area by ordinance passed and approved on December
15, 1986, as well as to be used only for the acquisition
of commercially zoned property located at the northwest
corner of North Avenue and Harlem Avenue and commercially
zoned property located at the southwest corner of Harlem
Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after July 25, 1997,
by the Village of Oak Park for the acquisition of
property located along the south side of North Avenue
between Austin Boulevard and Harlem Avenue or along the
north and south side of Harrison Street between Austin
Boulevard and Elmwood Avenue, not including residentially
zoned properties within these areas, for commercial
redevelopment goals;
(54.1) for a period of 3 years after August 14,
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the Greater
Downtown Area Tax Increment Financing District, the
Harlem/Garfield Tax Increment Financing District, and the
Madison Street Tax Increment Financing District, not
including residentially zoned properties within these
areas, for commercial redevelopment goals;
(54.2) for a period of 3 years after August 14,
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the North Avenue
Commercial Strip and the Harrison Street Business Area,
not including residentially zoned properties within these
areas, for commercial redevelopment goals;
(55) for a period of 3 years after August 14, 1997
by the Village of Morton Grove, within the area
designated as the Waukegan Road Tax Increment Financing
District to be used only for acquiring commercially zoned
properties located on Waukegan Road for tax increment
redevelopment projects contained in the redevelopment
plan for the area;
(56) For a period of 2 years after August 14, 1997,
by the Village of Rosemont for the acquisition of the
property described as Tract 1, and the acquisition of any
leasehold interest of the property described as Tract 2,
both described as follows:
Tract 1
PARCEL 1:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Generally comprising approximately 3.8 acres along
the south side of Higgins Road, East of Mannheim Road.
Tract 2
PARCEL 1:
Any leasehold interest of any portion of the
property legally described as follows:
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
THE NORTH 500 FEET THEREOF AS MEASURED ON THE EAST LINE)
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
FREDERICK JOSS'S DIVISION OF LANDS IN THE NORTHEAST 1/4
OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
Plus any rights of ingress and egress which the said
holder of the leasehold interest may have pursuant to
the following described easement:
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
POINT ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST
OF THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES
40 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH THE
AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET
TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN
ANGLE OF 20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED
TO THE LEFT) WITH A PROLONGATION OF THE LAST DESCRIBED
COURSE A DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST OF THE
SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY,
ILLINOIS;
(57) for a period of 24 months from August 14,
1997, by the City of Champaign for the acquisition of
land and easements in and adjacent to the City of
Champaign for the improvement of Windsor Road and Duncan
Road and for the construction of the Boneyard Creek
Improvement Project;
(58) for a period of 24 months from the effective
date of this amendatory Act of 1998, by the City of
Rochelle, to allow the acquisition of easements for the
construction and maintenance of overhead utility lines
and poles along a route within and adjacent to existing
roadway easements on Twombley, Mulford, and Paw Paw roads
in Ogle and Lee counties;
(59) For a period of 3 years after the effective
date of this amendatory Act of 1998, by the Village of
Bolingbrook for acquisition of property within a Regional
Stormwater Detention Project Area, when the purpose of
the condemnation proceeding is to acquire land for one or
more of the following public purposes: drainage,
stormwater management, open space, recreation,
improvements for water service and related appurtenances,
or wetland mitigation and banking; the project area is in
Wheatland Township, Will County, bounded generally by
Essington Road, 127th Street, and Kings Road and is more
particularly described as follows: That part of Section
25 Township 37 N Range 9 E of the 3rd Principal Meridian
all in Wheatland Township, Will County, except the
Northeast Quarter; the North 1/2 of the Northwest
Quarter; and the Southwest Quarter of the Southwest
Quarter;
(60) for a period of 36 months after July 1, 1998,
by the Village of Franklin Park, for the acquisition for
school purposes, including, but not limited to, school
parking lot purposes, of property bounded on the west by
Rose Street, on the north by Nerbonne Street, on the east
by Pearl Street extended north on Nerbonne Street, and on
the south by King Street, except that no portion used for
residential purposes shall be taken;
(61) for a period of 5 years after June 1, 1998 by
the Village of Melrose Park to acquire the following
described property, for the purpose of redeveloping
blighted areas:
Golfland
That part of the North half of the South East
Quarter of the South West quarter of Section 35, Township
40 North, Range 12, East of the Third Principal Meridian,
lying Northeast of the Northeasterly right-of-way line of
the Minneapolis, St. Paul and Sault Ste. Marie Railroad;
lying South of a line 443.00 feet North of and parallel
to the South line of the North half of the South East
Quarter of the South West Quarter of Section 35,
aforesaid; and lying west of the West line of the East
490 feet of the North half of the South East Quarter of
the South West Quarter of Section 35, aforesaid
(excepting therefrom the East 50 feet of the North 80
feet thereof and except that part taken and dedicated for
5th Avenue);
ALSO
That part of the South half of the South East
Quarter of the South West Quarter of Section 35, Township
30 North, Range 12, East of the Third Principal Meridian,
lying Northeast of the Northeasterly right-of-way line of
the Minneapolis, St. Paul and Sault Ste. Marie Railroad,
described as follows: commencing at the intersection of
the West line of the South East Quarter of the South West
Quarter of Section 35, aforesaid, with the North line of
the South half of the South East Quarter of the South
West Quarter of said Section 35; thence East along the
aforementioned North line 67.91 Feet to the point of
beginning of land herein described; thence continue East
along said North line 297.59 feet; thence Southwesterly
along a line forming an angle of 17 degrees 41 minutes 34
seconds, measured from West to South West with last
described course, from a distance of 240.84 feet to a
point 100 feet Southeasterly of the point of beginning;
thence Northwesterly 100 feet to the point of beginning;
all in Cook County;
(62) For a period of 3 years after June 1, 1998, by
the Village of Melrose Park to acquire property described
as follows for the purpose of redeveloping blighted
areas:
THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES
RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST
1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES
PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH
OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE
NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6
FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET
AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD
OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES
RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE
EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH
OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO
A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50
FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT
THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170
FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS
FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,
ILLINOIS;
(63) for a period of 24 months after the effective
date of this amendatory Act of 1998 by the City of Peru
for removal of existing residential deed restrictions on
the use of property, and the rights of other property
owners in the subdivision to enforce those restrictions,
as they apply to lots 10, 11, 12, 13, 14, 15, and 16 in
Urbanowski's Subdivision to the City of Peru, all of
which are owned by the Illinois Valley Community Hospital
and adjacent to the existing hospital building, for the
limited purpose of allowing the Illinois Valley Community
Hospital to expand its hospital facility, including
expansion for needed emergency room and outpatient
services; under this paragraph (62) compensation shall be
paid to those other property owners for the removal of
their rights to enforce the residential deed restrictions
on property owned by the Illinois Valley Community
Hospital, but no real estate owned by those other
property owners may be taken;
(64) for a period of 3 years after the effective
date of this amendatory Act of 1998, by the Village of
South Barrington for the acquisition of land and
temporary and permanent easements for the purposes of
construction and maintenance of sewerage facilities and
sewerage transmission pipes along an area not to exceed
100 feet north of the Northwest Tollway between
Barrington Road and Route 72;
(65) for a period of 18 months after the effective
date of this amendatory Act of 1998, by the Village of
Northlake for the acquisition of the following described
property for stormwater management and public recreation
purposes:
LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE
NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as 315 E. Morse Drive, Northlake,
Illinois, 60164;
LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S
NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE
SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
IN COOK COUNTY, ILLINOIS.
PIN: 15-05-115-001
Commonly known as 101 S. Wolf Road, Northlake,
Illinois, 60164;
(66) for a period of 48 months after the effective
date of this amendatory Act of 1998, by the City of
Carbondale, for the acquisition of property bounded by
the following lines for the Mill Street Underpass Project
(which is part of the Carbondale Railroad Relocation
Project): a line 300 feet west of the centerline of
Thompson Street; a line 100 feet east of the centerline
of Wall Street; a line 700 feet north of the centerline
of College Street; and the centerline of Grand Avenue;
(67) for a period of 3 years after the effective
date of this amendatory Act of 1998 by the Village of
Round Lake Park in Lake County for acquisition of
temporary construction easements and permanent easement
corridors for providing off-site water and sewer service
for the Alter Business Park, generally described as
follows:
Commencing at the Joint Action Water Agency (JAWA)
facility on the south side of Winchester Road (County
Route A34) and west of Midlothian Road, the proposed
public water line will be located in the Winchester Road
(County Route A34) right-of-way or immediately adjacent
to the right-of-way from the JAWA facility west to
Illinois State Route 83. The water line will then extend
under Illinois State Route 83 and continue in the
Winchester Road (County Route A34) right-of-way or
immediately adjacent to the right-of-way as it extends
westerly from Illinois State Route 83 to the proposed
pump station and delivery structure at the most southerly
west property line of the Alter property located south of
Peterson Road (County Route A33) and west of Illinois
State Route 83. Also, the proposed public water line will
be located in the Peterson Road (County Route A33)
right-of-way or immediately adjacent to the right-of-way
from Illinois State Route 83 west to the westerly
property line of the Alter property, which property line
lies approximately 2600' west of Alleghany Road (County
Route V68).
The proposed sanitary sewer route will commence at a
location on Fairfield Road (County Route V61) north of
Illinois State Route 134 at the Lake County Interceptor
(which ultimately extends into the Fox Lake Sanitary
District System); the route of the sanitary sewer will
continue south of Illinois State Route 134 in the
right-of-way of Fairfield Road (County Route V61) or
immediately adjacent thereto from its extension north of
Illinois State Route 134 to its intersection with
Townline Road. The sanitary sewer will then extend east
in the right-of-way of Townline Road or immediately
adjacent thereto to its intersection with Bacon Road. The
sanitary sewer will then extend in the Bacon Road
right-of-way line or immediately adjacent thereto
continuing in a southeasterly direction until its
intersection with Illinois State Route 60. The sanitary
line will then extend in the Illinois State Route 60
right-of-way by permit or immediately adjacent thereto
continuing easterly along said right-of-way to the point
of intersection with Peterson Road (County Route A33).
The sanitary line will then continue easterly in the
right-of-way of Peterson Road (County Route A33) or
immediately adjacent thereto to the point of intersection
with Alleghany Road (County Route V68) and then will
extend within the Alter property;
(68) For a period of 3 years after the effective
date of this amendatory Act of 1998, by the Village of
Rosemont for redevelopment purposes, including
infrastructure improvements, construction of streets,
stormwater facilities, and drainage areas, and flood
plain improvements, for the acquisition of property
described as follows:
That part of the Northwest Quarter and that part of
the Southwest Quarter of Section 3, Township 40 North,
Range 12, East of the Third Principal Meridian, and being
more particularly described as follows:
Beginning at the point of intersection of the west
right-of-way line of River Road (as shown on the plat of
subdivision for Gerhart Huehl Estates Division per
document number 4572711) and the southerly line of Lot 7
in said Gerhart Huehl Estates Division; thence north 14
degrees 38 minutes 19 seconds west, along the aforesaid
west right-of-way of River Road, to the point of
intersection with a line drawn 490.0 feet south of and
parallel to the north line of Lot 3 in the said Gerhart
Huehl Estates Division; thence north 89 degrees 07
minutes 41 seconds west, along the previously described
parallel line 554.77 feet to the point, said point being
540.00 feet east of the easterly right-of-way line of
Schafer Court (Schafer Court being an unrecorded
roadway); thence, north 0 degrees 00 minutes 00 seconds
east, 284.12 feet to the point of intersection with south
line of the aforesaid Lot 3 (said south line also being
the north line of Lot 6 in Gerhart Huehl Estates
Division); thence north 89 degrees 04 minutes 45 seconds
west, along the said south line of Lot 3, 478.29 feet to
the point of intersection with the aforesaid easterly
right-of-way line of Schafer Court; thence south 12
degrees 16 minutes 34 seconds west, along the said
easterly right-of-way line, 312.83 feet; thence south 18
degrees 09 minutes 05 seconds west, continuing along the
said easterly right-of-way line, 308.16 feet to the point
of intersection with the northerly right-of-way line of
Higgins Road as dedicated per document number 11056708;
thence, north 66 degrees 43 minutes 09 seconds west along
said northerly right-of-way line of Higgins Road to the
easterly right-of-way of the Northwest Toll Road; thence
southerly along said easterly right-of-way of the
Northwest Toll Road to the southerly right-of-way of
Maple Avenue extended westerly; thence easterly along
said southerly right-of-way line of Maple Avenue
(recorded as Bock Avenue) to the easterly right-of-way
line of Gage Street; thence northerly along said easterly
right-of-way line of Gage Street to the southerly line of
Lot 2 in River Rose Subdivision Unit 2 per document
number 19594706; thence easterly along the southerly line
of said Lot 2 in River Rose Subdivision Unit Number 2 and
said southerly line extended easterly to the easterly
right-of-way line of Glen Lake Drive (as dedicated in
River Rose Subdivision per Document Number 19352146 and
dedicated as Willow Creek Drive); thence southwesterly
along said easterly right-of-way line to the northwest
corner of Lot 1 in said River Rose Subdivision; thence
south 59 degrees 08 minutes 47 seconds east, along the
northerly lines of Lots 1 through 13 (both inclusive) in
the said River Rose subdivision, 757.48 feet to the most
northeasterly corner of said Lot 13; thence south 11
degrees 05 minutes 25 seconds west, along the easterly
line of said lot 13 in said River Rose Subdivision, 14.08
feet to the northerly line of Glen J. Nixon's subdivision
as per document 19753046; thence easterly along said
northerly line, 237.43 feet to the westerly right-of-way
of said Des Plaines River Road;
Thence southerly along said westerly right-of-way of
Des Plaines River Road to the southerly line of the
Northerly 90 feet of Lot 2 in said Glen J. Nixon's
subdivision; thence westerly along said southerly line to
the westerly line of said Glen J. Nixon's subdivision;
thence southerly along the said westerly line of Glen J.
Nixon's subdivision to the southerly right-of-way of an
unrecorded roadway; thence south 70 degrees 43 minutes 16
seconds west, along the southerly line of the unrecorded
roadway, 108.23 feet; thence continuing along the
southerly right-of-way of the unrecorded roadway, 95.34
feet along an arc of a circle whose radius is 110.00 feet
and being convex to the south; thence north 56 degrees 32
minutes 25 seconds west, continuing along the southerly
right-of-way of the said unrecorded roadway, 216.00 feet
to the southwest corner of said Glen Lake Drive as
dedicated in the aforesaid River Rose subdivision; thence
north 59 degrees 10 minutes 12 seconds west, along the
southerly right-of-way of said Glen Lake Drive, 327.48
feet, to the point of intersection with east line of Lot
8 in Block 1 in Higgins Road Ranchettes Subdivision per
Document Number 13820089; thence northerly along the east
line of said Lot 8, 97.24 feet to a point; said point
being 66.00 feet south of the northeast corner of said
Lot 8; thence north 89 degrees 36 minutes 54 seconds
west, along a line which is 66.00 feet south of and
parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
in said Higgins Road Ranchettes Subdivision (said
parallel line also being the south line of an unrecorded
street known as Glenlake Street), 621.61 feet to the
point of intersection with the northeasterly right-of-way
line of Toll Road; the next four courses being along the
said northeasterly right-of-way line of the Toll Road;
thence south 21 degrees 28 minutes 12 seconds east,
219.81 feet; thence south 34 degrees 29 minutes 34
seconds east, 261.77 feet; thence south 52 degrees 02
minutes 04 seconds east, 114.21 feet; thence south 52
degrees 07 minutes 21 seconds east to the westerly line
(extended northerly) of Lots 83 through 87 inclusive in
Frederick H. Bartlett's River View Estates recorded as
Document Number 853426 in Cook County; thence southerly
along said westerly line to the southerly right-of-way
line of Thorndale Avenue; thence easterly along said
southerly right-of-way line of Thorndale Avenue 14.65
feet; thence southerly along a line parallel with the
said westerly line of Lots 83 through 87 inclusive and
14.38 feet easterly, 139.45 feet; thence southwesterly
along a line which ends in the southerly line of said Lot
84 extended westerly, 85.35 feet westerly from the
southwest corner of said Lot 84; thence easterly along
said southerly line to the westerly right-of-way of Des
Plaines River Road; thence northerly along said westerly
right-of-way line to the said northerly line of the Toll
Road; thence south 52 degrees 07 minutes 21 seconds east,
along said right-of-way to the centerline of said Des
Plaines River Road; thence south 11 degrees 06 minutes 48
seconds west, along said centerline, 1.47 feet; thence
south 55 degrees 56 minutes 09 seconds east, continuing
along the said northeasterly right-of-way line of the
Toll Road (said line also being the south line of Lot 1
in Rosemont Industrial Center per Document Number
20066369), 411.98 feet; thence south 61 degrees 51
minutes 06 seconds east, continuing along the said
northeasterly right-of-way line of the Toll Road (said
line also being along the south line of Lots 1, 2, and 5
in said Rosemont Industrial Center), 599.13 feet to the
southeast corner of said Lot 5; thence north 12 degrees
45 minutes 47 seconds east, along the east lines of Lots
3 and 5 in said Rosemont Industrial Center, 424.40 feet;
thence north 33 degrees 51 minutes 39 seconds east, along
the east lines of Lots 3 and 4 in the said Rosemont
Industrial Center, 241.42 feet to the northeast corner of
said Lot 4; thence north 33 degrees 51 minutes 40 seconds
east, 189.38 feet to the center of said Section 3; thence
north 2 degrees 42 minutes 55 seconds east, along the
east line of the northwest quarter of said Section 3,
375.90 feet to the point of intersection with the south
line of Higgins Road, as widened per Document Number
11045055; the next three courses being along the said
south right-of-way line of Higgins Road; thence north 64
degrees 30 minutes 51 seconds west, 53.65 feet; thence
northwesterly, 436.47 feet along an arc of a circle whose
radius is 1,482.69 feet and being convex to the
southwest; thence north 47 degrees 57 minutes 51 seconds
west, 73.57 feet; thence northeasterly, along an arc of a
circle whose radius is 5,679.65 feet and being convex to
the northeast, to a point of intersection of said
southerly right-of-way of Higgins Road and the
southeasterly line of the land conveyed to James H. Lomax
by Document Number 1444990; thence northeasterly along
said southeasterly line extended, 197 feet to the center
line of the Des Plaines River; thence north 49 degrees 11
minutes 20 seconds west 325.90 feet; thence continuing in
the said center line of the Des Plaines River, north 27
degrees 56 minutes 17 seconds west 370.53 feet; thence
north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
thence southwesterly along said southeasterly line of Lot
7 extended in Gerhart Huehl Estates Division, to said
place of beginning;
Plus,
That part of the West half of the Northwest quarter
of Section 3, Township 40 North, Range 12 East of the
Third Principal Meridian, in Cook County, Illinois,
described as follows:
Beginning at the intersection of the South line of
Devon Avenue with the East line of Shafer Court being a
point 281.01 feet East of the West line of the
aforementioned West half of the Northwest quarter of
Section 33; thence Southerly along the East line of said
Shafer Court, 193.91 feet to the South line of Lot 3 in
Gerhart Huehl Estate Division according to the plat
thereof recorded June 3, 1910, as Document 4572711, being
a point 241.74 feet East of the aforementioned West half
of the Northwest quarter of Section 33; thence East along
the South line of said Lot 3, a distance of 508.5 feet to
a point 487.69 feet West of the centerline of River Road;
thence continuing easterly along the last described line
as extended to the west line of River Road; thence
northerly along the west line of River Road to the South
line of Devon Avenue; thence westerly along the south
line of Devon Avenue to the point of beginning;
Plus,
That part of the Southwest quarter of Section 3,
Township 40 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the Southeast corner of Rosemont
Industrial Center, being a subdivision recorded February
17, 1967 as Document 20066369; thence Northwesterly along
the South line of Rosemont Industrial Center aforesaid,
and said South line extended to the Westerly line of
River Road to the South; thence Southwesterly along said
Westerly line, to the North line of Interstate 290;
thence Easterly along said North line, to the West line
of property owned by the Forest Preserve; thence along
and then Northerly along the irregular West line of
property owned by the Forest Preserve and extended across
the Interstate 290 right-of-way, to the point of
beginning;
Plus,
The Northerly 90 feet of Lot 2 in Glen J. Nixon's
Subdivision of part of Lot 15 in Assessor's Division of
part of Section 3, Township 40 North, Range 12, East of
the Third Principal Meridian, according to the plat
thereof recorded March 1, 1966 as Document 19753046, in
Cook County, Illinois, (except therefrom that part used
for River Road), all in Cook County.
AREA 1:
That part of the South West Quarter of Section 33,
Township 41 North, Range 12 East of the third Principal
Meridian, lying North of a line 575 feet north (measured
at 90 degrees) of the South line of said South West
Quarter, lying West of a line 451.45 feet East (measured
at 90 degrees) of the West line of said South West
Quarter and South of the center line of Higgins Road
(except parts taken or used for highway purposes,
including the land taken by condemnation in Case No. 65 L
8179 Circuit Court of Cook County, Illinois, described as
follows: That part of the South West Quarter of Section
33, Township 41 North, Range 12 East of the Third
Principal Meridian, bounded and described as follows:
Beginning at a point of intersection of the center line
of Higgins Road, as now located and established with the
West line of the South West Quarter of said Section 33;
thence South along said West line of the South West
Quarter of said Section, a distance of 560.2 feet to a
point in the North line of the South 575.0 feet of said
South West Quarter of said Section 33; thence East along
said North line of the South 575.0 feet of the South West
Quarter of said Section 33, a distance of 45.0 feet to a
point; thence Northeasterly in a straight line a distance
of 179.27 feet to a point, distance 50.0 feet East,
measured at right angles from the West line of the South
West Quarter of said Section 33; thence Northeasterly in
a straight line a distance of 187.38 feet to a point,
distant 62.0 feet East, measured at right angles from
said West line of the South West Quarter of said Section
33; thence North parallel with the said West line of the
South West Quarter of said Section 33 a distance of 44.74
feet to a point of curvature; thence Northeasterly along
a curved line, concave to the Southeast, having a radius
of 50.0 feet and a central angle of 107 degrees 28
minutes, a distance of 93.73 feet to a point of tangency,
distant 50.0 feet Southwest measured at right angles from
the center line of Higgins Road; thence Southeasterly
parallel with the center line of Higgins Road, a distance
of 345.09 feet to a point on a line distant, 16.0 feet
west of the east line of the west 467.34 feet of the
South West Quarter of said Section 33; thence North in a
straight line a distance of 58.71 feet to a point on said
center line of Higgins Road; thence Northwesterly along
said center line of Higgins Road a distance of 478.23
feet to the place of beginning) in Cook County, Illinois.
AREA 2:
That part of the South West 1/4 of Section 33,
Township 41 North, Range 12, East of the Third Principal
Meridian, lying West of the West Right of Way Line of the
Minneapolis, St. Paul and Sault Ste. Marie Railroad
(formerly the Chicago and Wisconsin Railroad) and South
of the center line of Higgins Road (except therefrom the
South 200 feet of the West 467.84 feet of said South West
1/4 and also excepting therefrom that part of said South
West 1/4 lying North of the North line of the South 575
feet of said South West 1/4 and West of a line 16 feet
West of and parallel with the West line of the Tract of
land described in a Deed dated May 22, 1929, and recorded
July 9, 1929, as Document Number 10422646 (the Tract
described in said Deed being the East 10 acres of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12, East of the Third Principal Meridian,
lying South of the Center line of Higgins Road and West
of the West line extended North to the center of said
Higgins Road of the East 20.62 chains of the North West
1/4 of Section 4, Township 40 North, Range 12, East of
the Third Principal Meridian (excepting therefrom the
right of way of the Minneapolis, St. Paul and Sault Ste.
Marie Railroad, formerly the Chicago and Wisconsin
Railroad) and also excepting the South 50 feet of the
said South West 1/4 lying East of the West 467.84 feet
thereof) and also excepting that portion of the land
condemned for the widening of Higgins Road and Mannheim
Road in Case Number 65 L7109, in Cook County, Illinois.
AREA 3:
The North 150 feet of the South 200 feet of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12 East of the Third Principal Meridian
(except the East 10 acres conveyed by George
Deamantopulas and others, to Krowka by Document 10422646)
lying South of the Center of Higgins Road (so called) and
West of the West line extended North to center of Higgins
Road of East 20.62 chains in the North West 1/4 of
Section 4, Township 40 North, Range 12 East of the Third
Principal Meridian (except the Right of Way of Chicago
and Wisconsin Railroad) in Cook County, Illinois.
AREA 4:
That part of the Southwest quarter of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the intersection of the South line of
the Southwest quarter of Section 33 aforesaid with the
West line, extended South, of Lot 7 in Frederick H.
Bartlett's Higgins Road Farms, being a subdivision
recorded December 8, 1938 as Document 12246559; thence
North along the aforementioned West line of Lot 7, to the
center line of Higgins Road; thence Westerly along the
center line of Higgins Road, to the Westerly right-of-way
line of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad; thence Southerly along said Westerly
right-of-way line, to the South line of the Southwest
quarter of Section 33 aforesaid; thence East along said
South line to the point of beginning.
Area 5
The North 195.00 feet of the west 365.67 feet of the
West 1/2 of the Northeast 1/4 of Section 4, Township 40
North, Range 12 East of the Third Principal Meridian.
And also
The north 50.00 feet of the East 1/2 of the
Northwest 1/4 of said Section 4 (except that part lying
westerly of the easterly right-of-way line of the
Wisconsin Central Railroad, formerly known as the
Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
east 40.00 feet of the north 195.00 feet except the north
50.00 feet thereof of said East 1/2, and all that part of
said East 1/2 described as follows: Beginning at the
northwest corner of Origer and Davis' Addition to
Rosemont, being a subdivision of part of said 1/4 Section
according to the plat thereof recorded May 27, 1963 as
Document Number 18807143, in Cook County, Illinois;
thence westerly along the northerly line of said
Subdivision extended westerly to said easterly Railroad
right-of-way line; thence northwesterly along said
right-of-way line to the southerly line of north 50.00
feet of said 1/4 Section; thence easterly along said
southerly line to the easterly right-of-way line of
Kirschoff Avenue; thence southerly along said
right-of-way line to its intersection with the southerly
line of Schullo's Resubdivision extended easterly, said
Resubdivision being a Resubdivision of part of said 1/4
section according to the plat thereof recorded June 17,
1960 as Document Number 17885160 in Cook County,
Illinois; thence westerly along said southerly line
extended and said southerly line to the southwest corner
of said Resubdivision; thence northwesterly along the
westerly line of said Resubdivision to the northwest
corner thereof; thence westerly along the northerly line
of said Resubdivision extended westerly to a line
parallel with and 40.00 feet easterly of the easterly
right-of-way line of said Railroad; thence northwesterly
along said parallel line to said point of beginning.
And also
That part of the Southwest 1/4 of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian lying southerly of the centerline of Higgins
Road and easterly of a north line parallel to the south
line of said 1/4 Section, beginning 565.84 feet west of
the northeast corner of the Northwest 1/4 of Section 4,
Township 40 North, Range 12 East of the Third Principal
Meridian all in Cook County, Illinois.
That part of the Southwest quarter of Section 3, the
Southeast quarter of Section 4, the Northeast quarter of
Section 9, and the Northwest quarter of Section 10,
Township 40 North, Range 12 East of the Third Principal
Meridian, in the Village of Rosemont, Cook County,
Illinois, described as follows:
Beginning in the West half of the Northeast quarter
of Section 9 aforesaid, at the intersection of the South
line of 61st Street with the Easterly right of way line
of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad right-of-way; thence East along the South line
of 61st Street and its Easterly extension, to the East
line of Pearl Street; thence North along the East line of
Pearl Street to the South line of 62nd Street; thence
East along the South line of 62nd Street to the Westerly
right-of-way line of the Illinois State Toll Road; thence
Southerly along the Westerly right-of-way line of the
Toll Road to a point on a Westerly extension of the South
line of Allen Avenue; thence East along said Westerly
extension, and along the South line of Allen Avenue to
the West line of Otto Avenue; thence South along the West
line of Otto Avenue to a point on a Westerly extension of
the North line of the South 30 feet of Lot 12 in First
Addition to B.L. Carlsen's Industrial Subdivision, being
a Resubdivision in the Northeast quarter of Section 9
aforesaid, according to the plat thereof recorded March
5, 1962 as Document 18416079; thence East along said
Westerly extension, and along the aforementioned North
line of the South 30 feet of Lot 12, to the East line of
Lot 12; thence North along the East line of Lot 12, being
also the East line of the Northeast quarter of Section 9,
to the North line of Owner's Division of parts of Lots 4
and 5 of Henry Hachmeister's Division, in the Northwest
quarter of Section 10, aforesaid, according to the plat
thereof recorded April 25, 1949 as Document 14539019;
thence East along the North line of said Owner's Division
to the West line of Lot 3 in said Owner's Division;
thence South along the West line of Lot 3 to the
Southwest corner thereof; thence East along the South
line of Lot 3 to the Northwest corner of Lot 4 in said
Owner's Division; thence South along the West line of Lot
4 to the Southwest corner thereof; thence East along the
South line of Lot 4, and said South line extended
Easterly, to the Easterly right of way line of River
Road; thence Northerly along the Easterly line of River
Road to the South line of Crossroads Industrial Park,
being a Subdivision in the Northwest quarter of Section
10 aforesaid, according to the plat thereof recorded
August 8, 1957 as Document 16980725; thence East along
the South line of said Crossroads Industrial Park to the
Southeast corner thereof; thence Northeasterly along the
Easterly line of said Crossroads Industrial Park, and
said Easterly line extended, to the North line of Bryn
Mawr Avenue, in the Southwest quarter of Section 3
aforesaid; thence Northerly along the Westerly line of
the Forest Preserve District of Cook County, to the
Southerly right-of-way line of the Kennedy Expressway,
thence west along and following the southerly
right-of-way line of the Kennedy Expressway to the
Easterly right-of-way line of the Minneapolis, St. Paul,
and Sault Ste. Marie Railroad right-of-way; thence
Southeasterly along said Easterly right-of-way line to
the point of beginning;
(69) for a period of one year after the effective
date of this amendatory Act of 1998, by the City of
Evanston for the acquisition for redevelopment purposes
of the real property legally described as:
Lots 5 and 6 in Dempster's Subdivision of Block
66 in the Village (now City) of Evanston in the
South West 1/4 of Section 18, Township 41 North,
Range 14 East of the Third Principal Meridian, in
Cook County, Illinois and commonly known as 906-08
Church Street, Evanston, Illinois; and
Lots 7, 8, 9, 10, 11, and 12 in Dempster's
Subdivision of Block 66 in Village (now City) of
Evanston, in the South West 1/4 of Section 18,
Township 41 North, Range 14 East of the Third
Principal Meridian, in Cook County, Illinois and
commonly known as 910-926 Church Street, Evanston,
Illinois.
(58) for a period from the effective date of this
amendatory Act of 1998 to August 30, 2000, by the
Southwestern Illinois Development Authority pursuant to
the Southwestern Illinois Development Authority Act for a
project as defined in Section 3 of that Act.
(b) In a proceeding subject to this Section, the
plaintiff, at any time after the complaint has been filed and
before judgment is entered in the proceeding, may file a
written motion requesting that, immediately or at some
specified later date, the plaintiff either be vested with the
fee simple title (or such lesser estate, interest or
easement, as may be required) to the real property, or
specified portion thereof, which is the subject of the
proceeding, and be authorized to take possession of and use
such property; or only be authorized to take possession of
and to use such property, if such possession and use, without
the vesting of title, are sufficient to permit the plaintiff
to proceed with the project until the final ascertainment of
compensation; however, no land or interests therein now or
hereafter owned, leased, controlled or operated and used by,
or necessary for the actual operation of, any common carrier
engaged in interstate commerce, or any other public utility
subject to the jurisdiction of the Illinois Commerce
Commission, shall be taken or appropriated hereunder by the
State of Illinois, the Illinois Toll Highway Authority, the
sanitary district, the St. Louis Metropolitan Area Airport
Authority or the Board of Trustees of the University of
Illinois without first securing the approval of such
Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act) to be taken is owned, leased,
controlled or operated and used by, or necessary for the
actual operation of, any interstate common carrier or other
public utility subject to the jurisdiction of the Illinois
Commerce Commission, a statement to the effect that the
approval of such proposed taking has been secured from such
Commission, and attaching to such motion a certified copy of
the order of such Commission granting such approval. If the
schedule or plan of operation is not set forth fully in the
motion, a copy of such schedule or plan shall be attached to
the motion.
(Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98; 90-655,
eff. 7-30-98; 90-663, eff. 7-30-98.)
(735 ILCS 5/7-103.1 new)
Sec. 7-103.1. Quick-take; highway purposes. Quick-take
proceedings under Section 7-103 may be used by the State of
Illinois, the Illinois Toll Highway Authority or the St.
Louis Metropolitan Area Airport Authority for the acquisition
of land or interests therein for highway purposes.
(735 ILCS 5/7-103.3 new)
Sec. 7-103.3. Quick-take; coal development purposes.
Quick-take proceedings under Section 7-103 may be used by the
Department of Commerce and Community Affairs for the purpose
specified in the Illinois Coal Development Bond Act.
(735 ILCS 5/7-103.5 new)
Sec. 7-103.5. Quick-take; St. Louis Metropolitan Area
Airport Authority purposes. Quick-take proceedings under
Section 7-103 may be used for the purpose specified in the
St. Louis Metropolitan Area Airport Authority Act.
(735 ILCS 5/7-103.6 new)
Sec. 7-103.6. Quick-take; Southwestern Illinois
Development Authority purposes. Quick-take proceedings under
Section 7-103 may be used for a period of 24 months after May
24, 1996, by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development Authority
Act.
(735 ILCS 5/7-103.7 new)
Sec. 7-103.7. Quick-take; Quad Cities Regional Economic
Development Authority purposes. Quick-take proceedings under
Section 7-103 may be used for a period of 3 years after
December 30, 1987, by the Quad Cities Regional Economic
Development Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is situated
a farm dwelling and appurtenant structures, or upon which is
situated a residence, or which is wholly within an area that
is zoned for residential use) pursuant to the Quad Cities
Regional Economic Development Authority Act.
(735 ILCS 5/7-103.8 new)
Sec. 7-103.8. Quick-take; Metropolitan Water Reclamation
District purposes. Quick-take proceedings under Section
7-103 may be used by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act.
(735 ILCS 5/7-103.9 new)
Sec. 7-103.9. Quick-take; rail carriers. Quick-take
proceedings under Section 7-103 may be used by a rail carrier
within the time limitations and subject to the terms and
conditions set forth in Section 18c-7501 of the Illinois
Vehicle Code.
(735 ILCS 5/7-103.10 new)
Sec. 7-103.10. Quick-take; water commissions.
Quick-take proceedings under Section 7-103 may be used for a
period of 18 months after January 26, 1987, for the purpose
specified in Division 135 of Article 11 of the Illinois
Municipal Code, by a commission created under Section 2 of
the Water Commission Act of 1985.
(735 ILCS 5/7-103.11 new)
Sec. 7-103.11. Quick-take; refuse-derived fuel system
purposes. Quick-take proceedings under Section 7-103 may be
used by a village containing a population of less than 15,000
for the purpose of acquiring property to be used for a refuse
derived fuel system designed to generate steam and
electricity, and for industrial development that will utilize
such steam and electricity, pursuant to Section 11-19-10 of
the Illinois Municipal Code.
(735 ILCS 5/7-103.12 new)
Sec. 7-103.12. Quick-take; certain municipal purposes.
Quick-take proceedings under Section 7-103 may be used after
receiving the prior approval of the City Council, by a
municipality having a population of more than 500,000 for the
purposes set forth in Section 11-61-1a and Divisions 74.2 and
74.3 of Article 11 of the Illinois Municipal Code, and for
the same purposes when established pursuant to home rule
powers.
(735 ILCS 5/7-103.13 new)
Sec. 7-103.13. Quick-take; enterprise zone purposes.
Quick-take proceedings under Section 7-103 may be used by a
home rule municipality, after a public hearing held by the
corporate authorities or by a committee of the corporate
authorities and after approval by a majority of the corporate
authorities, within an area designated as an enterprise zone
by the municipality under the Illinois Enterprise Zone Act.
(735 ILCS 5/7-103.14 new)
Sec. 7-103.14. Quick-take; Illinois Sports Facilities
Authority purposes. Quick-take proceedings under Section
7-103 may be used by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act.
(735 ILCS 5/7-103.15 new)
Sec. 7-103.15. Quick-take; sports stadium purposes.
Quick-take proceedings under Section 7-103 may be used by a
municipality having a population of more than 2,000,000 for
the purpose of acquiring the property described in Section 3
of the Sports Stadium Act.
(735 ILCS 5/7-103.16 new)
Sec. 7-103.16. Quick-take; University of Illinois.
Quick-take proceedings under Section 7-103 may be used for a
period of 18 months after July 29, 1986, in any proceeding by
the Board of Trustees of the University of Illinois for the
acquisition of land in Champaign County or interests therein
as a site for a building or for any educational purpose.
(735 ILCS 5/7-103.17 new)
Sec. 7-103.17. Quick-take; industrial harbour port.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years after July 1, 1990, by a home rule
municipality and a county board, upon approval of a majority
of the corporate authorities of both the county board and the
municipality, within an area designated as an enterprise zone
by the municipality and the county board through an
intergovernmental agreement under the Illinois Enterprise
Zone Act, when the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor
port, and when the total amount of land to be acquired for
that purpose is less than 75 acres and is adjacent to the
Illinois River.
(735 ILCS 5/7-103.18 new)
Sec. 7-103.18. Quick-take; airport authority purposes.
Quick-take proceedings under Section 7-103 may be used by an
airport authority located solely within the boundaries of
Madison County, Illinois, and which is organized pursuant to
the provisions of the Airport Authorities Act, (i) for the
acquisition of 160 acres, or less, of land or interests
therein for the purposes specified in that Act which may be
necessary to extend, mark, and light runway 11/29 for a
distance of 1600 feet in length by 100 feet in width with
parallel taxiway, to relocate and mark County Highway 19,
Madison County, known as Moreland Road, to relocate the
instrument landing system including the approach lighting
system and to construct associated drainage, fencing and
seeding required for the foregoing project and (ii) for a
period of 6 months after December 28, 1989, for the
acquisition of 75 acres, or less, of land or interests
therein for the purposes specified in that Act which may be
necessary to extend, mark and light the south end of runway
17/35 at such airport.
(735 ILCS 5/7-103.19 new)
Sec. 7-103.19. Quick-take; Little Calumet River.
Quick-take proceedings under Section 7-103 may be used by any
unit of local government for a permanent easement for the
purpose of maintaining, dredging or cleaning the Little
Calumet River.
(735 ILCS 5/7-103.20 new)
Sec. 7-103.20. Quick-take; Salt Creek. Quick-take
proceedings under Section 7-103 may be used by any unit of
local government for a permanent easement for the purpose of
maintaining, dredging or cleaning the Salt Creek in DuPage
County.
(735 ILCS 5/7-103.21 new)
Sec. 7-103.21. Quick-take; Scott Air Force Base.
Quick-take proceedings under Section 7-103 may be used by St.
Clair County, Illinois, for the development of a joint use
facility at Scott Air Force Base.
(735 ILCS 5/7-103.22 new)
Sec. 7-103.22. Quick-take; Village of Summit.
Quick-take proceedings under Section 7-103 may be used by the
Village of Summit, Illinois, to acquire land for a waste to
energy plant.
(735 ILCS 5/7-103.23 new)
Sec. 7-103.23. Quick-take; Chanute Air Force Base.
Quick-take proceedings under Section 7-103 may be used for a
period of 15 months after September 7, 1990, by the
Department of Transportation or by any unit of local
government under the terms of an intergovernmental
cooperation agreement between the Department of
Transportation and the unit of local government for the
purpose of developing aviation facilities in and around
Chanute Air Force Base in Champaign County, Illinois.
(735 ILCS 5/7-103.24 new)
Sec. 7-103.24. Quick-take; Morris Municipal Airport.
Quick-take proceedings under Section 7-103 may be used for a
period of 1 year after December 12, 1990, by the City of
Morris for the development of the Morris Municipal Airport.
(735 ILCS 5/7-103.25 new)
Sec. 7-103.25. Quick-take; Greater Rockford Airport
Authority. Quick-take proceedings under Section 7-103 may be
used for a period of 1 year after June 19, 1991, by the
Greater Rockford Airport Authority for airport expansion
purposes.
(735 ILCS 5/7-103.26 new)
Sec. 7-103.26. Quick-take; Aurora Municipal Airport.
Quick-take proceedings under Section 7-103 may be used for a
period of 24 months after June 30, 1991, by the City of
Aurora for completion of an instrument landing system and
construction of an east-west runway at the Aurora Municipal
Airport.
(735 ILCS 5/7-103.27 new)
Sec. 7-103.27. Quick-take; Metropolitan Pier and
Exposition Authority purposes. Quick-take proceedings under
Section 7-103 may be used for the acquisition by the
Metropolitan Pier and Exposition Authority of property
described in subsection (f) of Section 5 of the Metropolitan
Pier and Exposition Authority Act for the purposes of
providing additional grounds, buildings, and facilities
related to the purposes of the Metropolitan Pier and
Exposition Authority.
(735 ILCS 5/7-103.28 new)
Sec. 7-103.28. Quick-take; road realignment. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after March 1, 1992, by the Village of Wheeling and
the City of Prospect Heights, owners of the Palwaukee
Municipal Airport, to allow for the acquisition of right of
way to complete the realignment of Hintz Road and Wolf Road.
(735 ILCS 5/7-103.29 new)
Sec. 7-103.29. Quick-take; Bloomington-Normal Airport
Authority. Quick-take proceedings under Section 7-103 may be
used for a period of one year from the effective date of this
amendatory Act of 1992, by the Bloomington-Normal Airport
Authority for airport expansion purposes.
(735 ILCS 5/7-103.30 new)
Sec. 7-103.30. Quick-take; Lake-Cook Road. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after September 10, 1993, by the Cook County
Highway Department and Lake County Department of
Transportation to allow for the acquisition of necessary
right-of-way for construction of underpasses for Lake-Cook
Road at the Chicago Northwestern Railroad crossing, west of
Skokie Boulevard, and the Chicago, Milwaukee, St. Paul and
Pacific Railroad crossing, west of Waukegan Road.
(735 ILCS 5/7-103.31 new)
Sec. 7-103.31. Quick-take; Arcola/Tuscola Water
Transmission Pipeline Project. Quick-take proceedings under
Section 7-103 may be used for a period of one year after
December 23, 1993, by the City of Arcola and the City of
Tuscola for the development of the Arcola/Tuscola Water
Transmission Pipeline Project pursuant to the
intergovernmental agreement between the City of Arcola and
the City of Tuscola.
(735 ILCS 5/7-103.32 new)
Sec. 7-103.32. Quick-take; Bensenville Ditch.
Quick-take proceedings under Section 7-103 may be used for a
period of 24 months from December 23, 1993, by the Village of
Bensenville for the acquisition of property bounded by
Illinois Route 83 to the west and O'Hare International
Airport to the east to complete a flood control project known
as the Bensenville Ditch.
(735 ILCS 5/7-103.33 new)
Sec. 7-103.33. Quick-take; Medical Center Commission.
Quick-take proceedings under Section 7-103 may be used for a
period of 9 months after November 1, 1993, by the Medical
Center Commission for the purpose of acquiring a site for the
Illinois State Police Forensic Science Laboratory at Chicago,
on the block bounded by Roosevelt Road on the north, Wolcott
Street on the east, Washburn Street on the south, and Damen
Avenue on the west in Chicago, Illinois.
(735 ILCS 5/7-103.34 new)
Sec. 7-103.34. Quick-take; White County. Quick-take
proceedings under Section 7-103 may be used for a period of
36 months after July 14, 1995, by White County for the
acquisition of a 3 1/2 mile section of Bellaire Road, which
is described as follows: Commencing at the Northwest Corner
of the Southeast 1/4 of Section 28, Township 6 South, Range
10 East of the 3rd Principal Meridian; thence South to a
point at the Southwest Corner of the Southeast 1/4 of Section
9, Township 7 South, Range 10 East of the 3rd Principal
Meridian.
(735 ILCS 5/7-103.35 new)
Sec. 7-103.35. Quick-take; Indian Creek Flood Control
Project.
(a) Quick-take proceedings under Section 7-103 may be
used for a period of one year after July 14, 1995, by the
City of Aurora for permanent and temporary easements except
over land adjacent to Indian Creek and west of Selmarten
Creek located within the City of Aurora for the construction
of Phase II of the Indian Creek Flood Control Project.
(b) Quick-take proceedings under Section 7-103 may be
used for a period beginning June 24, 1995 (the day following
the effective date of Public Act 89-29) and ending on July
13, 1995 (the day preceding the effective date of Public Act
89-134), by the City of Aurora for permanent and temporary
easements for the construction of Phase II of the Indian
Creek Flood Control Project.
(735 ILCS 5/7-103.36 new)
Sec. 7-103.36. Quick-take; Grand Avenue Railroad
Relocation Authority. Quick-take proceedings under Section
7-103 may be used for a period of 6 years from July 14, 1995,
by the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois.
(735 ILCS 5/7-103.37 new)
Sec. 7-103.37. Quick-take; 135th Street Bridge Project.
(a) Quick-take proceedings under Section 7-103 may be
used for a period of 3 years after July 14, 1995, by the
Village of Romeoville for the acquisition of rights-of-way
for the 135th Street Bridge Project, lying within the South
1/2 of Section 34, Township 37 North, Range 10 East and the
South 1/2 of Section 35, Township 37 North, Range 10 East of
the Third Principal Meridian, and the North 1/2 of Section 2,
Township 36 North, Range 10 East and the North 1/2 of Section
3, Township 36 North, Range 10 East of the 3rd Principal
Meridian, in Will County, Illinois.
(b) Quick-take proceedings under Section 7-103 may be
used for a period of 3 years after June 23, 1995, by the
Illinois Department of Transportation for the acquisition of
rights-of-way for the 135th Street Bridge Project between the
Des Plaines River and New Avenue lying within the South 1/2
of Section 35, Township 37 North, Range 10 East of the Third
Principal Meridian and the North 1/2 of Section 2, Township
36 North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois.
(735 ILCS 5/7-103.38 new)
Sec. 7-103.38. Quick-take; Anna-Jonesboro Water
Commission. Quick-take proceedings under Section 7-103 may
be used for a period beginning June 24, 1995 (the day after
the effective date of Public Act 89-29) and ending 18 months
after July 14, 1995 (the effective date of Public Act
89-134), by the Anna-Jonesboro Water Commission for the
acquisition of land and easements for improvements to its
water treatment and storage facilities and water transmission
pipes.
(735 ILCS 5/7-103.39 new)
Sec. 7-103.39. Quick-take; City of Effingham.
Quick-take proceedings under Section 7-103 may be used for a
period of 36 months after July 14, 1995, by the City of
Effingham for the acquisition of property which is described
as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472.
(735 ILCS 5/7-103.40 new)
Sec. 7-103.40. Quick-take; Village of Palatine.
Quick-take proceedings under Section 7-103 may be used for a
period of one year after July 14, 1995, by the Village of
Palatine for the acquisition of property located along the
south side of Dundee Road between Rand Road and Hicks Road
for redevelopment purposes.
(735 ILCS 5/7-103.41 new)
Sec. 7-103.41. Quick-take; Medical Center District.
Quick-take proceedings under Section 7-103 may be used for a
period of 6 years after July 1, 1995, for the acquisition by
the Medical Center District of property described in Section
3 of the Illinois Medical District Act within the District
Development Area as described in Section 4 of that Act for
the purposes set forth in that Act.
(735 ILCS 5/7-103.41a new)
Sec. 7-103.41a. Quick-take; South Raney Street
Improvement Project Phase I. Quick-take proceedings under
Section 7-103 may be used for a period of 24 months after
June 21, 1996 by the City of Effingham, Illinois for
acquisition of property for the South Raney Street
Improvement Project Phase I.
(735 ILCS 5/7-103.42 new)
Sec. 7-103.42. Quick-take; Village of Deerfield.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after June 21, 1996, by the Village of
Deerfield for the acquisition of territory within the
Deerfield Village Center, as designated as of that date by
the Deerfield Comprehensive Plan, with the exception of that
area north of Jewett Park Drive (extended) between Waukegan
Road and the Milwaukee Railroad Tracks, for redevelopment
purposes.
(735 ILCS 5/7-103.43 new)
Sec. 7-103.43. Quick-take; City of Harvard. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after June 21, 1996, by the City of Harvard for the
acquisition of property lying west of Harvard Hills Road of
sufficient size to widen the Harvard Hills Road right of way
and to install and maintain city utility services not more
than 200 feet west of the center line of Harvard Hills Road.
(735 ILCS 5/7-103.44 new)
Sec. 7-103.44. Quick-take; Village of River Forest.
Quick-take proceedings under Section 7-103 may be used for a
period of 5 years after June 21, 1996, by the Village of
River Forest, Illinois, within the area designated as a tax
increment financing district when the purpose of the
condemnation proceeding is to acquire land for any of the
purposes contained in the River Forest Tax Increment
Financing Plan or authorized by the Tax Increment Allocation
Redevelopment Act, provided that condemnation of any property
zoned and used exclusively for residential purposes shall be
prohibited.
(735 ILCS 5/7-103.45 new)
Sec. 7-103.45. Quick-take; Village of Schaumburg.
Quick-take proceedings under Section 7-103 may be used for a
period of 18 months after June 28, 1996, by the Village of
Schaumburg for the acquisition of land, easements, and
aviation easements for the purpose of a public airport in
Cook and DuPage Counties; provided that if any proceedings
under the provisions of this Article are pending on that
date, "quick-take" may be utilized by the Village of
Schaumburg.
(735 ILCS 5/7-103.46 new)
Sec. 7-103.46. Quick-take; City of Pinckneyville.
Quick-take proceedings under Section 7-103 may be used for a
period of one year after June 28, 1996, by the City of
Pinckneyville for the acquisition of land and easements to
provide for improvements to its water treatment and storage
facilities and water transmission pipes, and for the
construction of a sewerage treatment facility and sewerage
transmission pipes to serve the Illinois Department of
Corrections Pinckneyville Correctional Facility.
(735 ILCS 5/7-103.47 new)
Sec. 7-103.47. Quick-take; City of Streator. Quick-take
proceedings under Section 7-103 may be used for a period of 6
months after June 28, 1996, by the City of Streator for the
acquisition of property described as follows for a first
flush basin sanitary sewer system:
Tract 5: That part of lots 20 and 21 in Block 6 in
Moore and Plumb's addition to the city of Streator,
Illinois, lying south of the right of way of the switch
track of the Norfolk and Western Railroad (now abandoned)
in the county of LaSalle, state of Illinois;
Tract 6: That part of lots 30, 31 and 32 in Block 7
in Moore and Plumb's Addition to the city of Streator,
Illinois, lying north of the centerline of Coal Run Creek
and south of the right of way of the switch track of the
Norfolk and Western Railroad (now abandoned) in the
county of LaSalle, state of Illinois.
(735 ILCS 5/7-103.48 new)
Sec. 7-103.48. Quick-take; MetroLink Light Rail System.
Quick-take proceedings under Section 7-103 may be used for a
period of 36 months after January 16, 1997, by the Bi-State
Development Agency of the Missouri-Illinois Metropolitan
District for the acquisition of rights of way and related
property necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St. Clair
County, Illinois.
(735 ILCS 5/7-103.49 new)
Sec. 7-103.49. Quick-take; Village of Schaumburg.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years after January 16, 1997, by the Village of
Schaumburg for the acquisition of rights-of-way, permanent
easements, and temporary easements for the purpose of
improving the Roselle Road/Illinois Route 58/Illinois Route
72 corridor, including rights-of-way along Roselle Road,
Remington Road, Valley Lake Drive, State Parkway, Commerce
Drive, Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements along
Roselle Road, State Parkway, Valley Lake Drive, Commerce
Drive, Kristin Circle, and Hillcrest Boulevard, in Cook
County.
(735 ILCS 5/7-103.51 new)
Sec. 7-103.51. Quick-take; Village of Bloomingdale.
Quick-take proceedings under Section 7-103 may be used for a
period of 12 months after July 25, 1997, by the Village of
Bloomingdale for utility relocations necessitated by the Lake
Street Improvement Project on Lake Street between Glen Ellyn
Road and Springfield Drive in the Village of Bloomingdale.
(735 ILCS 5/7-103.52 new)
Sec. 7-103.52. Quick-take; City of Freeport. Quick-take
proceedings under Section 7-103 may be used for a period of
36 months after July 25, 1997, by the City of Freeport,
owners of the Freeport Albertus Municipal Airport, to allow
for acquisition of any land, rights, or other property lying
between East Lamm Road and East Borchers Road to complete
realignment of South Hollywood Road and to establish the
necessary runway safety zone in accordance with Federal
Aviation Administration and Illinois Department of
Transportation design criteria.
(735 ILCS 5/7-103.53 new)
Sec. 7-103.53. Quick-take; Village of Elmwood Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 1, 1997, by the Village of
Elmwood Park to be used only for the acquisition of
commercially zoned property within the area designated as the
Tax Increment Redevelopment Project Area by ordinance passed
and approved on December 15, 1986, as well as to be used only
for the acquisition of commercially zoned property located at
the northwest corner of North Avenue and Harlem Avenue and
commercially zoned property located at the southwest corner
of Harlem Avenue and Armitage Avenue for redevelopment
purposes, as set forth in Division 74.3 of Article 11 of the
Illinois Municipal Code.
(735 ILCS 5/7-103.54 new)
Sec. 7-103.54. Quick-take; Village of Oak Park.
(a) Quick-take proceedings under Section 7-103 may be
used for a period of 3 years after July 25, 1997, by the
Village of Oak Park for the acquisition of property located
along the south side of North Avenue between Austin Boulevard
and Harlem Avenue or along the north and south side of
Harrison Street between Austin Boulevard and Elmwood Avenue,
not including residentially zoned properties within these
areas, for commercial redevelopment goals.
(b) Quick-take proceedings under Section 7-103 may be
used for a period of 3 years after August 14, 1997, by the
Village of Oak Park for the acquisition of property within
the areas designated as the Greater Downtown Area Tax
Increment Financing District, the Harlem/Garfield Tax
Increment Financing District, and the Madison Street Tax
Increment Financing District, not including residentially
zoned properties within these areas, for commercial
redevelopment goals.
(c) Quick-take proceedings under Section 7-103 may be
used for a period of 3 years after August 14, 1997, by the
Village of Oak Park for the acquisition of property within
the areas designated as the North Avenue Commercial Strip and
the Harrison Street Business Area, not including
residentially zoned properties within these areas, for
commercial redevelopment goals.
(735 ILCS 5/7-103.55 new)
Sec. 7-103.55. Quick-take; Village of Morton Grove.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after August 14, 1997 by the Village of
Morton Grove, within the area designated as the Waukegan Road
Tax Increment Financing District to be used only for
acquiring commercially zoned properties located on Waukegan
Road for tax increment redevelopment projects contained in
the redevelopment plan for the area.
(735 ILCS 5/7-103.56 new)
Sec. 7-103.56. Quick-take; Village of Rosemont.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years after August 14, 1997, by the Village of
Rosemont for the acquisition of the property described as
Tract 1, and the acquisition of any leasehold interest of the
property described as Tract 2, both described as follows:
Tract 1
PARCEL 1:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Generally comprising approximately 3.8 acres along
the south side of Higgins Road, East of Mannheim Road.
Tract 2
PARCEL 1:
Any leasehold interest of any portion of the
property legally described as follows:
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
THE NORTH 500 FEET THEREOF AS MEASURED ON THE EAST LINE)
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
FREDERICK JOSS'S DIVISION OF LANDS IN THE NORTHEAST 1/4
OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
Plus any rights of ingress and egress which the said
holder of the leasehold interest may have pursuant to
the following described easement:
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
POINT ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST
OF THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES
40 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH THE
AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET
TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN
ANGLE OF 20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED
TO THE LEFT) WITH A PROLONGATION OF THE LAST DESCRIBED
COURSE A DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST OF THE
SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY,
ILLINOIS.
(735 ILCS 5/7-103.57 new)
Sec. 7-103.57. Quick-take; City of Champaign.
Quick-take proceedings under Section 7-103 may be used for a
period of 24 months from August 14, 1997, by the City of
Champaign for the acquisition of land and easements in and
adjacent to the City of Champaign for the improvement of
Windsor Road and Duncan Road and for the construction of the
Boneyard Creek Improvement Project.
(735 ILCS 5/7-103.58 new)
Sec. 7-103.58. Quick-take; City of Rochelle. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months from July 30, 1998, by the City of Rochelle, to
allow the acquisition of easements for the construction and
maintenance of overhead utility lines and poles along a route
within and adjacent to existing roadway easements on
Twombley, Mulford, and Paw Paw roads in Ogle and Lee
counties.
(735 ILCS 5/7-103.59 new)
Sec. 7-103.59. Quick-take; Village of Bolingbrook.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1998, by the Village of
Bolingbrook for acquisition of property within a Regional
Stormwater Detention Project Area, when the purpose of the
condemnation proceeding is to acquire land for one or more of
the following public purposes: drainage, stormwater
management, open space, recreation, improvements for water
service and related appurtenances, or wetland mitigation and
banking; the project area is in Wheatland Township, Will
County, bounded generally by Essington Road, 127th Street,
and Kings Road and is more particularly described as follows:
That part of Section 25 Township 37 N Range 9 E of the 3rd
Principal Meridian all in Wheatland Township, Will County,
except the Northeast Quarter; the North 1/2 of the Northwest
Quarter; and the Southwest Quarter of the Southwest Quarter.
(735 ILCS 5/7-103.60 new)
Sec. 7-103.60. Quick-take; Village of Franklin Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 36 months after July 1, 1998, by the Village of
Franklin Park, for the acquisition for school purposes,
including, but not limited to, school parking lot purposes,
of property bounded on the west by Rose Street, on the north
by Nerbonne Street, on the east by Pearl Street extended
north on Nerbonne Street, and on the south by King Street,
except that no portion used for residential purposes shall be
taken.
(735 ILCS 5/7-103.61 new)
Sec. 7-103.61. Quick-take; Village of Melrose Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 5 years after June 1, 1998 by the Village of
Melrose Park to acquire the following described property, for
the purpose of redeveloping blighted areas:
Golfland
That part of the North half of the South East
Quarter of the South West quarter of Section 35, Township
40 North, Range 12, East of the Third Principal Meridian,
lying Northeast of the Northeasterly right-of-way line of
the Minneapolis, St. Paul and Sault Ste. Marie Railroad;
lying South of a line 443.00 feet North of and parallel
to the South line of the North half of the South East
Quarter of the South West Quarter of Section 35,
aforesaid; and lying west of the West line of the East
490 feet of the North half of the South East Quarter of
the South West Quarter of Section 35, aforesaid
(excepting therefrom the East 50 feet of the North 80
feet thereof and except that part taken and dedicated for
5th Avenue);
ALSO
That part of the South half of the South East
Quarter of the South West Quarter of Section 35, Township
30 North, Range 12, East of the Third Principal Meridian,
lying Northeast of the Northeasterly right-of-way line of
the Minneapolis, St. Paul and Sault Ste. Marie Railroad,
described as follows: commencing at the intersection of
the West line of the South East Quarter of the South West
Quarter of Section 35, aforesaid, with the North line of
the South half of the South East Quarter of the South
West Quarter of said Section 35; thence East along the
aforementioned North line 67.91 Feet to the point of
beginning of land herein described; thence continue East
along said North line 297.59 feet; thence Southwesterly
along a line forming an angle of 17 degrees 41 minutes 34
seconds, measured from West to South West with last
described course, from a distance of 240.84 feet to a
point 100 feet Southeasterly of the point of beginning;
thence Northwesterly 100 feet to the point of beginning;
all in Cook County.
(735 ILCS 5/7-103.62 new)
Sec. 7-103.62. Quick-take; Village of Melrose Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after June 1, 1998, by the Village of
Melrose Park to acquire property described as follows for the
purpose of redeveloping blighted areas:
THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES
RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST
1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES
PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH
OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE
NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6
FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET
AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD
OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES
RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE
EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH
OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO
A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50
FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT
THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170
FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS
FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,
ILLINOIS.
(735 ILCS 5/7-103.63 new)
Sec. 7-103.63. Quick-take; City of Peru. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after July 30, 1998 by the City of Peru for removal
of existing residential deed restrictions on the use of
property, and the rights of other property owners in the
subdivision to enforce those restrictions, as they apply to
lots 10, 11, 12, 13, 14, 15, and 16 in Urbanowski's
Subdivision to the City of Peru, all of which are owned by
the Illinois Valley Community Hospital and adjacent to the
existing hospital building, for the limited purpose of
allowing the Illinois Valley Community Hospital to expand its
hospital facility, including expansion for needed emergency
room and outpatient services; under this Section 7-103.63
compensation shall be paid to those other property owners for
the removal of their rights to enforce the residential deed
restrictions on property owned by the Illinois Valley
Community Hospital, but no real estate owned by those other
property owners may be taken.
(735 ILCS 5/7-103.64 new)
Sec. 7-103.64. Quick-take; Village of South Barrington.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1998, by the Village of
South Barrington for the acquisition of land and temporary
and permanent easements for the purposes of construction and
maintenance of sewerage facilities and sewerage transmission
pipes along an area not to exceed 100 feet north of the
Northwest Tollway between Barrington Road and Route 72.
(735 ILCS 5/7-103.65 new)
Sec. 7-103.65. Quick-take; Village of Northlake.
Quick-take proceedings under Section 7-103 may be used for a
period of 18 months after July 30, 1998, by the Village of
Northlake for the acquisition of the following described
property for stormwater management and public recreation
purposes:
LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE
NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5,
TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as 315 E. Morse Drive, Northlake,
Illinois, 60164;
LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S
NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE
SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
IN COOK COUNTY, ILLINOIS.
PIN: 15-05-115-001
Commonly known as 101 S. Wolf Road, Northlake,
Illinois, 60164.
(735 ILCS 5/7-103.66 new)
Sec. 7-103.66. Quick-take; City of Carbondale.
Quick-take proceedings under Section 7-103 may be used for a
period of 48 months after July 30, 1998, by the City of
Carbondale, for the acquisition of property bounded by the
following lines for the Mill Street Underpass Project (which
is part of the Carbondale Railroad Relocation Project): a
line 300 feet west of the centerline of Thompson Street; a
line 100 feet east of the centerline of Wall Street; a line
700 feet north of the centerline of College Street; and the
centerline of Grand Avenue.
(735 ILCS 5/7-103.67 new)
Sec. 7-103.67. Quick-take; Village of Round Lake Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1998, by the Village of
Round Lake Park in Lake County for acquisition of temporary
construction easements and permanent easement corridors for
providing off-site water and sewer service for the Alter
Business Park, generally described as follows:
Commencing at the Joint Action Water Agency (JAWA)
facility on the south side of Winchester Road (County
Route A34) and west of Midlothian Road, the proposed
public water line will be located in the Winchester Road
(County Route A34) right-of-way or immediately adjacent
to the right-of-way from the JAWA facility west to
Illinois State Route 83. The water line will then extend
under Illinois State Route 83 and continue in the
Winchester Road (County Route A34) right-of-way or
immediately adjacent to the right-of-way as it extends
westerly from Illinois State Route 83 to the proposed
pump station and delivery structure at the most southerly
west property line of the Alter property located south of
Peterson Road (County Route A33) and west of Illinois
State Route 83. Also, the proposed public water line
will be located in the Peterson Road (County Route A33)
right-of-way or immediately adjacent to the right-of-way
from Illinois State Route 83 west to the westerly
property line of the Alter property, which property line
lies approximately 2600' west of Alleghany Road (County
Route V68).
The proposed sanitary sewer route will commence at a
location on Fairfield Road (County Route V61) north of
Illinois State Route 134 at the Lake County Interceptor
(which ultimately extends into the Fox Lake Sanitary
District System); the route of the sanitary sewer will
continue south of Illinois State Route 134 in the
right-of-way of Fairfield Road (County Route V61) or
immediately adjacent thereto from its extension north of
Illinois State Route 134 to its intersection with
Townline Road. The sanitary sewer will then extend east
in the right-of-way of Townline Road or immediately
adjacent thereto to its intersection with Bacon Road. The
sanitary sewer will then extend in the Bacon Road
right-of-way line or immediately adjacent thereto
continuing in a southeasterly direction until its
intersection with Illinois State Route 60. The sanitary
line will then extend in the Illinois State Route 60
right-of-way by permit or immediately adjacent thereto
continuing easterly along said right-of-way to the point
of intersection with Peterson Road (County Route A33).
The sanitary line will then continue easterly in the
right-of-way of Peterson Road (County Route A33) or
immediately adjacent thereto to the point of intersection
with Alleghany Road (County Route V68) and then will
extend within the Alter property.
(735 ILCS 5/7-103.68 new)
Sec. 7-103.68. Quick-take; Village of Rosemont.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1998, by the Village of
Rosemont for redevelopment purposes, including infrastructure
improvements, construction of streets, stormwater facilities,
and drainage areas, and flood plain improvements, for the
acquisition of property described as follows:
That part of the Northwest Quarter and that part of
the Southwest Quarter of Section 3, Township 40 North,
Range 12, East of the Third Principal Meridian, and being
more particularly described as follows:
Beginning at the point of intersection of the west
right-of-way line of River Road (as shown on the plat of
subdivision for Gerhart Huehl Estates Division per
document number 4572711) and the southerly line of Lot 7
in said Gerhart Huehl Estates Division; thence north 14
degrees 38 minutes 19 seconds west, along the aforesaid
west right-of-way of River Road, to the point of
intersection with a line drawn 490.0 feet south of and
parallel to the north line of Lot 3 in the said Gerhart
Huehl Estates Division; thence north 89 degrees 07
minutes 41 seconds west, along the previously described
parallel line 554.77 feet to the point, said point being
540.00 feet east of the easterly right-of-way line of
Schafer Court (Schafer Court being an unrecorded
roadway); thence, north 0 degrees 00 minutes 00 seconds
east, 284.12 feet to the point of intersection with south
line of the aforesaid Lot 3 (said south line also being
the north line of Lot 6 in Gerhart Huehl Estates
Division); thence north 89 degrees 04 minutes 45 seconds
west, along the said south line of Lot 3, 478.29 feet to
the point of intersection with the aforesaid easterly
right-of-way line of Schafer Court; thence south 12
degrees 16 minutes 34 seconds west, along the said
easterly right-of-way line, 312.83 feet; thence south 18
degrees 09 minutes 05 seconds west, continuing along the
said easterly right-of-way line, 308.16 feet to the point
of intersection with the northerly right-of-way line of
Higgins Road as dedicated per document number 11056708;
thence, north 66 degrees 43 minutes 09 seconds west along
said northerly right-of-way line of Higgins Road to the
easterly right-of-way of the Northwest Toll Road; thence
southerly along said easterly right-of-way of the
Northwest Toll Road to the southerly right-of-way of
Maple Avenue extended westerly; thence easterly along
said southerly right-of-way line of Maple Avenue
(recorded as Bock Avenue) to the easterly right-of-way
line of Gage Street; thence northerly along said easterly
right-of-way line of Gage Street to the southerly line of
Lot 2 in River Rose Subdivision Unit 2 per document
number 19594706; thence easterly along the southerly line
of said Lot 2 in River Rose Subdivision Unit Number 2 and
said southerly line extended easterly to the easterly
right-of-way line of Glen Lake Drive (as dedicated in
River Rose Subdivision per Document Number 19352146 and
dedicated as Willow Creek Drive); thence southwesterly
along said easterly right-of-way line to the northwest
corner of Lot 1 in said River Rose Subdivision; thence
south 59 degrees 08 minutes 47 seconds east, along the
northerly lines of Lots 1 through 13 (both inclusive) in
the said River Rose subdivision, 757.48 feet to the most
northeasterly corner of said Lot 13; thence south 11
degrees 05 minutes 25 seconds west, along the easterly
line of said lot 13 in said River Rose Subdivision, 14.08
feet to the northerly line of Glen J. Nixon's subdivision
as per document 19753046; thence easterly along said
northerly line, 237.43 feet to the westerly right-of-way
of said Des Plaines River Road;
Thence southerly along said westerly right-of-way of
Des Plaines River Road to the southerly line of the
Northerly 90 feet of Lot 2 in said Glen J. Nixon's
subdivision; thence westerly along said southerly line to
the westerly line of said Glen J. Nixon's subdivision;
thence southerly along the said westerly line of Glen J.
Nixon's subdivision to the southerly right-of-way of an
unrecorded roadway; thence south 70 degrees 43 minutes 16
seconds west, along the southerly line of the unrecorded
roadway, 108.23 feet; thence continuing along the
southerly right-of-way of the unrecorded roadway, 95.34
feet along an arc of a circle whose radius is 110.00 feet
and being convex to the south; thence north 56 degrees 32
minutes 25 seconds west, continuing along the southerly
right-of-way of the said unrecorded roadway, 216.00 feet
to the southwest corner of said Glen Lake Drive as
dedicated in the aforesaid River Rose subdivision; thence
north 59 degrees 10 minutes 12 seconds west, along the
southerly right-of-way of said Glen Lake Drive, 327.48
feet, to the point of intersection with east line of Lot
8 in Block 1 in Higgins Road Ranchettes Subdivision per
Document Number 13820089; thence northerly along the east
line of said Lot 8, 97.24 feet to a point; said point
being 66.00 feet south of the northeast corner of said
Lot 8; thence north 89 degrees 36 minutes 54 seconds
west, along a line which is 66.00 feet south of and
parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
in said Higgins Road Ranchettes Subdivision (said
parallel line also being the south line of an unrecorded
street known as Glenlake Street), 621.61 feet to the
point of intersection with the northeasterly right-of-way
line of Toll Road; the next four courses being along the
said northeasterly right-of-way line of the Toll Road;
thence south 21 degrees 28 minutes 12 seconds east,
219.81 feet; thence south 34 degrees 29 minutes 34
seconds east, 261.77 feet; thence south 52 degrees 02
minutes 04 seconds east, 114.21 feet; thence south 52
degrees 07 minutes 21 seconds east to the westerly line
(extended northerly) of Lots 83 through 87 inclusive in
Frederick H. Bartlett's River View Estates recorded as
Document Number 853426 in Cook County; thence southerly
along said westerly line to the southerly right-of-way
line of Thorndale Avenue; thence easterly along said
southerly right-of-way line of Thorndale Avenue 14.65
feet; thence southerly along a line parallel with the
said westerly line of Lots 83 through 87 inclusive and
14.38 feet easterly, 139.45 feet; thence southwesterly
along a line which ends in the southerly line of said Lot
84 extended westerly, 85.35 feet westerly from the
southwest corner of said Lot 84; thence easterly along
said southerly line to the westerly right-of-way of Des
Plaines River Road; thence northerly along said westerly
right-of-way line to the said northerly line of the Toll
Road; thence south 52 degrees 07 minutes 21 seconds east,
along said right-of-way to the centerline of said Des
Plaines River Road; thence south 11 degrees 06 minutes 48
seconds west, along said centerline, 1.47 feet; thence
south 55 degrees 56 minutes 09 seconds east, continuing
along the said northeasterly right-of-way line of the
Toll Road (said line also being the south line of Lot 1
in Rosemont Industrial Center per Document Number
20066369), 411.98 feet; thence south 61 degrees 51
minutes 06 seconds east, continuing along the said
northeasterly right-of-way line of the Toll Road (said
line also being along the south line of Lots 1, 2, and 5
in said Rosemont Industrial Center), 599.13 feet to the
southeast corner of said Lot 5; thence north 12 degrees
45 minutes 47 seconds east, along the east lines of Lots
3 and 5 in said Rosemont Industrial Center, 424.40 feet;
thence north 33 degrees 51 minutes 39 seconds east, along
the east lines of Lots 3 and 4 in the said Rosemont
Industrial Center, 241.42 feet to the northeast corner of
said Lot 4; thence north 33 degrees 51 minutes 40 seconds
east, 189.38 feet to the center of said Section 3; thence
north 2 degrees 42 minutes 55 seconds east, along the
east line of the northwest quarter of said Section 3,
375.90 feet to the point of intersection with the south
line of Higgins Road, as widened per Document Number
11045055; the next three courses being along the said
south right-of-way line of Higgins Road; thence north 64
degrees 30 minutes 51 seconds west, 53.65 feet; thence
northwesterly, 436.47 feet along an arc of a circle whose
radius is 1,482.69 feet and being convex to the
southwest; thence north 47 degrees 57 minutes 51 seconds
west, 73.57 feet; thence northeasterly, along an arc of a
circle whose radius is 5,679.65 feet and being convex to
the northeast, to a point of intersection of said
southerly right-of-way of Higgins Road and the
southeasterly line of the land conveyed to James H. Lomax
by Document Number 1444990; thence northeasterly along
said southeasterly line extended, 197 feet to the center
line of the Des Plaines River; thence north 49 degrees 11
minutes 20 seconds west 325.90 feet; thence continuing in
the said center line of the Des Plaines River, north 27
degrees 56 minutes 17 seconds west 370.53 feet; thence
north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
thence southwesterly along said southeasterly line of Lot
7 extended in Gerhart Huehl Estates Division, to said
place of beginning;
Plus,
That part of the West half of the Northwest quarter
of Section 3, Township 40 North, Range 12 East of the
Third Principal Meridian, in Cook County, Illinois,
described as follows:
Beginning at the intersection of the South line of
Devon Avenue with the East line of Shafer Court being a
point 281.01 feet East of the West line of the
aforementioned West half of the Northwest quarter of
Section 33; thence Southerly along the East line of said
Shafer Court, 193.91 feet to the South line of Lot 3 in
Gerhart Huehl Estate Division according to the plat
thereof recorded June 3, 1910, as Document 4572711, being
a point 241.74 feet East of the aforementioned West half
of the Northwest quarter of Section 33; thence East along
the South line of said Lot 3, a distance of 508.5 feet to
a point 487.69 feet West of the centerline of River Road;
thence continuing easterly along the last described line
as extended to the west line of River Road; thence
northerly along the west line of River Road to the South
line of Devon Avenue; thence westerly along the south
line of Devon Avenue to the point of beginning;
Plus,
That part of the Southwest quarter of Section 3,
Township 40 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the Southeast corner of Rosemont
Industrial Center, being a subdivision recorded February
17, 1967 as Document 20066369; thence Northwesterly along
the South line of Rosemont Industrial Center aforesaid,
and said South line extended to the Westerly line of
River Road to the South; thence Southwesterly along said
Westerly line, to the North line of Interstate 290;
thence Easterly along said North line, to the West line
of property owned by the Forest Preserve; thence along
and then Northerly along the irregular West line of
property owned by the Forest Preserve and extended across
the Interstate 290 right-of-way, to the point of
beginning;
Plus,
The Northerly 90 feet of Lot 2 in Glen J. Nixon's
Subdivision of part of Lot 15 in Assessor's Division of
part of Section 3, Township 40 North, Range 12, East of
the Third Principal Meridian, according to the plat
thereof recorded March 1, 1966 as Document 19753046, in
Cook County, Illinois, (except therefrom that part used
for River Road), all in Cook County.
AREA 1:
That part of the South West Quarter of Section 33,
Township 41 North, Range 12 East of the third Principal
Meridian, lying North of a line 575 feet north (measured
at 90 degrees) of the South line of said South West
Quarter, lying West of a line 451.45 feet East (measured
at 90 degrees) of the West line of said South West
Quarter and South of the center line of Higgins Road
(except parts taken or used for highway purposes,
including the land taken by condemnation in Case No. 65 L
8179 Circuit Court of Cook County, Illinois, described as
follows: That part of the South West Quarter of Section
33, Township 41 North, Range 12 East of the Third
Principal Meridian, bounded and described as follows:
Beginning at a point of intersection of the center line
of Higgins Road, as now located and established with the
West line of the South West Quarter of said Section 33;
thence South along said West line of the South West
Quarter of said Section, a distance of 560.2 feet to a
point in the North line of the South 575.0 feet of said
South West Quarter of said Section 33; thence East along
said North line of the South 575.0 feet of the South West
Quarter of said Section 33, a distance of 45.0 feet to a
point; thence Northeasterly in a straight line a distance
of 179.27 feet to a point, distance 50.0 feet East,
measured at right angles from the West line of the South
West Quarter of said Section 33; thence Northeasterly in
a straight line a distance of 187.38 feet to a point,
distant 62.0 feet East, measured at right angles from
said West line of the South West Quarter of said Section
33; thence North parallel with the said West line of the
South West Quarter of said Section 33 a distance of 44.74
feet to a point of curvature; thence Northeasterly along
a curved line, concave to the Southeast, having a radius
of 50.0 feet and a central angle of 107 degrees 28
minutes, a distance of 93.73 feet to a point of tangency,
distant 50.0 feet Southwest measured at right angles from
the center line of Higgins Road; thence Southeasterly
parallel with the center line of Higgins Road, a distance
of 345.09 feet to a point on a line distant, 16.0 feet
west of the east line of the west 467.34 feet of the
South West Quarter of said Section 33; thence North in a
straight line a distance of 58.71 feet to a point on said
center line of Higgins Road; thence Northwesterly along
said center line of Higgins Road a distance of 478.23
feet to the place of beginning) in Cook County, Illinois.
AREA 2:
That part of the South West 1/4 of Section 33,
Township 41 North, Range 12, East of the Third Principal
Meridian, lying West of the West Right of Way Line of the
Minneapolis, St. Paul and Sault Ste. Marie Railroad
(formerly the Chicago and Wisconsin Railroad) and South
of the center line of Higgins Road (except therefrom the
South 200 feet of the West 467.84 feet of said South West
1/4 and also excepting therefrom that part of said South
West 1/4 lying North of the North line of the South 575
feet of said South West 1/4 and West of a line 16 feet
West of and parallel with the West line of the Tract of
land described in a Deed dated May 22, 1929, and recorded
July 9, 1929, as Document Number 10422646 (the Tract
described in said Deed being the East 10 acres of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12, East of the Third Principal Meridian,
lying South of the Center line of Higgins Road and West
of the West line extended North to the center of said
Higgins Road of the East 20.62 chains of the North West
1/4 of Section 4, Township 40 North, Range 12, East of
the Third Principal Meridian (excepting therefrom the
right of way of the Minneapolis, St. Paul and Sault Ste.
Marie Railroad, formerly the Chicago and Wisconsin
Railroad) and also excepting the South 50 feet of the
said South West 1/4 lying East of the West 467.84 feet
thereof) and also excepting that portion of the land
condemned for the widening of Higgins Road and Mannheim
Road in Case Number 65 L7109, in Cook County, Illinois.
AREA 3:
The North 150 feet of the South 200 feet of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12 East of the Third Principal Meridian
(except the East 10 acres conveyed by George
Deamantopulas and others, to Krowka by Document 10422646)
lying South of the Center of Higgins Road (so called) and
West of the West line extended North to center of Higgins
Road of East 20.62 chains in the North West 1/4 of
Section 4, Township 40 North, Range 12 East of the Third
Principal Meridian (except the Right of Way of Chicago
and Wisconsin Railroad) in Cook County, Illinois.
AREA 4:
That part of the Southwest quarter of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the intersection of the South line of
the Southwest quarter of Section 33 aforesaid with the
West line, extended South, of Lot 7 in Frederick H.
Bartlett's Higgins Road Farms, being a subdivision
recorded December 8, 1938 as Document 12246559; thence
North along the aforementioned West line of Lot 7, to the
center line of Higgins Road; thence Westerly along the
center line of Higgins Road, to the Westerly right-of-way
line of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad; thence Southerly along said Westerly
right-of-way line, to the South line of the Southwest
quarter of Section 33 aforesaid; thence East along said
South line to the point of beginning.
Area 5
The North 195.00 feet of the west 365.67 feet of the
West 1/2 of the Northeast 1/4 of Section 4, Township 40
North, Range 12 East of the Third Principal Meridian.
And also
The north 50.00 feet of the East 1/2 of the
Northwest 1/4 of said Section 4 (except that part lying
westerly of the easterly right-of-way line of the
Wisconsin Central Railroad, formerly known as the
Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
east 40.00 feet of the north 195.00 feet except the north
50.00 feet thereof of said East 1/2, and all that part of
said East 1/2 described as follows: Beginning at the
northwest corner of Origer and Davis' Addition to
Rosemont, being a subdivision of part of said 1/4 Section
according to the plat thereof recorded May 27, 1963 as
Document Number 18807143, in Cook County, Illinois;
thence westerly along the northerly line of said
Subdivision extended westerly to said easterly Railroad
right-of-way line; thence northwesterly along said
right-of-way line to the southerly line of north 50.00
feet of said 1/4 Section; thence easterly along said
southerly line to the easterly right-of-way line of
Kirschoff Avenue; thence southerly along said
right-of-way line to its intersection with the southerly
line of Schullo's Resubdivision extended easterly, said
Resubdivision being a Resubdivision of part of said 1/4
section according to the plat thereof recorded June 17,
1960 as Document Number 17885160 in Cook County,
Illinois; thence westerly along said southerly line
extended and said southerly line to the southwest corner
of said Resubdivision; thence northwesterly along the
westerly line of said Resubdivision to the northwest
corner thereof; thence westerly along the northerly line
of said Resubdivision extended westerly to a line
parallel with and 40.00 feet easterly of the easterly
right-of-way line of said Railroad; thence northwesterly
along said parallel line to said point of beginning.
And also
That part of the Southwest 1/4 of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian lying southerly of the centerline of Higgins
Road and easterly of a north line parallel to the south
line of said 1/4 Section, beginning 565.84 feet west of
the northeast corner of the Northwest 1/4 of Section 4,
Township 40 North, Range 12 East of the Third Principal
Meridian all in Cook County, Illinois.
That part of the Southwest quarter of Section 3, the
Southeast quarter of Section 4, the Northeast quarter of
Section 9, and the Northwest quarter of Section 10,
Township 40 North, Range 12 East of the Third Principal
Meridian, in the Village of Rosemont, Cook County,
Illinois, described as follows:
Beginning in the West half of the Northeast quarter
of Section 9 aforesaid, at the intersection of the South
line of 61st Street with the Easterly right of way line
of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad right-of-way; thence East along the South line
of 61st Street and its Easterly extension, to the East
line of Pearl Street; thence North along the East line of
Pearl Street to the South line of 62nd Street; thence
East along the South line of 62nd Street to the Westerly
right-of-way line of the Illinois State Toll Road; thence
Southerly along the Westerly right-of-way line of the
Toll Road to a point on a Westerly extension of the South
line of Allen Avenue; thence East along said Westerly
extension, and along the South line of Allen Avenue to
the West line of Otto Avenue; thence South along the West
line of Otto Avenue to a point on a Westerly extension of
the North line of the South 30 feet of Lot 12 in First
Addition to B.L. Carlsen's Industrial Subdivision, being
a Resubdivision in the Northeast quarter of Section 9
aforesaid, according to the plat thereof recorded March
5, 1962 as Document 18416079; thence East along said
Westerly extension, and along the aforementioned North
line of the South 30 feet of Lot 12, to the East line of
Lot 12; thence North along the East line of Lot 12, being
also the East line of the Northeast quarter of Section 9,
to the North line of Owner's Division of parts of Lots 4
and 5 of Henry Hachmeister's Division, in the Northwest
quarter of Section 10, aforesaid, according to the plat
thereof recorded April 25, 1949 as Document 14539019;
thence East along the North line of said Owner's Division
to the West line of Lot 3 in said Owner's Division;
thence South along the West line of Lot 3 to the
Southwest corner thereof; thence East along the South
line of Lot 3 to the Northwest corner of Lot 4 in said
Owner's Division; thence South along the West line of Lot
4 to the Southwest corner thereof; thence East along the
South line of Lot 4, and said South line extended
Easterly, to the Easterly right of way line of River
Road; thence Northerly along the Easterly line of River
Road to the South line of Crossroads Industrial Park,
being a Subdivision in the Northwest quarter of Section
10 aforesaid, according to the plat thereof recorded
August 8, 1957 as Document 16980725; thence East along
the South line of said Crossroads Industrial Park to the
Southeast corner thereof; thence Northeasterly along the
Easterly line of said Crossroads Industrial Park, and
said Easterly line extended, to the North line of Bryn
Mawr Avenue, in the Southwest quarter of Section 3
aforesaid; thence Northerly along the Westerly line of
the Forest Preserve District of Cook County, to the
Southerly right-of-way line of the Kennedy Expressway,
thence west along and following the southerly
right-of-way line of the Kennedy Expressway to the
Easterly right-of-way line of the Minneapolis, St. Paul,
and Sault Ste. Marie Railroad right-of-way; thence
Southeasterly along said Easterly right-of-way line to
the point of beginning.
(735 ILCS 5/7-103.69 new)
Sec. 7-103.69. Quick-take; City of Evanston. Quick-take
proceedings under Section 7-103 may be used for a period of
one year after July 30, 1998, by the City of Evanston for the
acquisition for redevelopment purposes of the real property
legally described as:
Lots 5 and 6 in Dempster's Subdivision of Block 66
in the Village (now City) of Evanston in the South West
1/4 of Section 18, Township 41 North, Range 14 East of
the Third Principal Meridian, in Cook County, Illinois
and commonly known as 906-08 Church Street, Evanston,
Illinois; and
Lots 7, 8, 9, 10, 11, and 12 in Dempster's
Subdivision of Block 66 in Village (now City) of
Evanston, in the South West 1/4 of Section 18, Township
41 North, Range 14 East of the Third Principal Meridian,
in Cook County, Illinois and commonly known as 910-926
Church Street, Evanston, Illinois.
(735 ILCS 5/7-103.70 new)
Sec. 7-103.70. Quick-take; Southwestern Illinois
Development Authority. Quick-take proceedings under Section
7-103 may be used for a period from May 22, 1998 to August
30, 2000, by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development Authority
Act for a project as defined in Section 3 of that Act.
(735 ILCS 5/9-111.1)
Sec. 9-111.1. Lease to bona fide tenant. Upon the entry
of a judgment in favor of a board of managers for possession
of property under the Condominium Property Act, as provided
in Section 9-111 of this Act, and upon delivery of possession
of the premises by the sheriff or other authorized official
to the board of managers pursuant to execution upon the
judgment, the board of managers shall have the right and
authority, incidental to the right of possession of a unit
under the judgment, but not the obligation, to lease the unit
to a bona fide tenant (whether the tenant is in occupancy or
not) pursuant to a written lease for a term not to exceed 13
months from the date of expiration of the stay of judgment
unless extended by order of court upon notice to the
dispossessed unit owner. The board of managers shall first
apply all rental income to assessments and other charges sued
upon in the action for possession plus statutory interest on
a monetary judgment, if any, attorneys' fees, and court costs
incurred; and then to other expenses lawfully agreed upon
(including late charges), any fines and reasonable expenses
necessary to make the unit rentable, and lastly to
assessments accrued thereafter until assessments are current.
Any surplus shall be remitted to the unit owner. The court
shall retain jurisdiction to determine the reasonableness of
the expense of making the unit rentable.
(Source: P.A. 88-417, revised 10-31-98.)
(735 ILCS 5/Art. IX, Part 2 heading)
Part 2. Recovery of Rent; Termination of Certain Tenancies
(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
Sec. 12-101. Lien of judgment. With respect to the
creation of liens on real estate by judgments, all real
estate in the State of Illinois is divided into 2 classes.
The first class consists of all real property, the title
to which is registered under "An Act concerning land titles",
approved May 1, 1897, as amended.
The second class consists of all real property not
registered under "An Act concerning land titles".
As to real estate in class one, a judgment is a lien on
the real estate of the person against whom it is entered for
the same period as in class two, when Section 85 of "An Act
concerning land titles", has been complied with.
As to real estate included within class two, a judgment
is a lien on the real estate of the person against whom it is
entered in any county in this State, including the county in
which it is entered, only from the time a transcript,
certified copy or memorandum of the judgment is filed in the
office of the recorder in the county in which the real estate
is located. A judgment resulting from the entry of an order
requiring child support payments shall be a lien upon the
real estate of the person obligated to make the child support
payments, but shall not be enforceable in any county of this
State until a transcript, certified copy, or memorandum of
the lien is filed in the office of the recorder in the county
in which the real estate is located. Any lien hereunder
arising out of an order for support shall be a lien only as
to and from the time that an installment or payment is due
under the terms of the order. Further, the order for support
shall not be a lien on real estate to the extent of payments
made as evidenced by the records of the Clerk of the Circuit
Court or State agency receiving payments pursuant to the
order. In the event payments made pursuant to that order are
not paid to the Clerk of the Circuit Court or a State agency,
then each lien imposed by this Section may be released in the
following manner:
(a) A Notice of Filing and an affidavit stating
that all installments of child support required to be
paid pursuant to the order under which the lien or liens
were imposed have been paid shall be filed with the
office of recorder in each county in which each such lien
appears of record, together with proof of service of such
notice and affidavit upon the recipient of such payments.
(b) Service of such affidavit shall be by any means
authorized under Sections 2-203 and 2-208 of the Code of
Civil Procedure or under Supreme Court Rules 11 or
105(b).
(c) The Notice of Filing shall set forth the name
and address of the judgment debtor and the judgment
creditor, the court file number of the order giving rise
to the judgment and, in capital letters, the following
statement:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) ...., 19..,
THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE
RECORDER OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU
FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE
STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH
JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER
SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS
A SATISFACTION OF SUCH JUDGMENT.
(d) If no affidavit objecting to the release of the
lien or liens is filed within 28 days of the Notice
described in paragraph (c) of this Section such lien or
liens shall be deemed to be released and no longer
subject to foreclosure.
A judgment is not a lien on real estate for longer than 7
years from the time it is entered or revived.
When a judgment is revived it is a lien on the real
estate of the person against whom it was entered in any
county in this State from the time a transcript, certified
copy or memorandum of the order of revival is filed in the
office of the recorder in the county in which the real estate
is located.
A foreign judgment registered pursuant to Sections 12-601
through 12-618 of this Act is a lien upon the real estate of
the person against whom it was entered only from the time (1)
a certified copy of the verified petition for registration of
the foreign judgment or (2) a transcript, certified copy or
memorandum of the final judgment of the court of this State
entered on that foreign judgment is filed in the office of
the recorder in the county in which the real estate is
located. However, no such judgment shall be a lien on any
real estate registered under "An Act concerning land titles",
as amended, until Section 85 of that Act has been complied
with.
The release of any transcript, certified copy or
memorandum of judgment or order of revival which has been
recorded shall be filed by the person receiving the release
in the office of the recorder in which such judgment or order
has been recorded.
Such release shall contain in legible letters a statement
as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE OFFICE THE LIEN WAS FILED.
The term "memorandum" as used in this Section means a
memorandum or copy of the judgment signed by a judge or a
copy attested by the clerk of the court entering it and
showing the court in which entered, date, amount, number of
the case in which it was entered, name of the party in whose
favor and name and last known address of the party against
whom entered. If the address of the party against whom the
judgment was entered is not known, the memorandum or copy of
judgment shall so state.
The term "memorandum" as used in this Section also means
a memorandum or copy of a child support order signed by a
judge or a copy attested by the clerk of the court entering
it or a copy attested by the administrative body entering it.
This Section shall not be construed as showing an
intention of the legislature to create a new classification
of real estate, but shall be construed as showing an
intention of the legislature to continue a classification
already existing.
(Source: P.A. 90-18, eff. 7-1-97; revised 10-19-98.)
(735 ILCS 5/12-147) (from Ch. 110, par. 12-147)
Sec. 12-147. Form of deed. The deed may be
substantially, in the following form:
Whereas, A.B. .... in the .... court of .... county
recovered a judgment against C.D. for the sum of .... and
costs on (insert date) ..... 19...., and a certified copy of
the judgment, issued on (insert date), ....... 19.., by
virtue of which .... levied upon the premises hereinafter
described, and the time and place of the sale thereof having
been duly advertised according to law, the same were struck
off and sold to ...., he or she being the highest and best
bidder therefor. (If the certificate has been transferred,
recite the fact.)
Now, therefore, I, ...., of the county of ...., in
consideration of the premises, hereby convey to ...., his or
her heirs and assigns, the following described lot or parcel
of land (here describe the premises) to have and to hold the
same with all the appurtenances thereto belonging forever.
............(Date) .................(Signature)
(Source: P.A. 83-707; revised 10-19-98.)
(735 ILCS 5/12-153) (from Ch. 110, par. 12-153)
Sec. 12-153. Form of certificate. The certificate may
be substantially in the following form:
STATE OF ILLINOIS,)
) ss.
..... County. )
I (here state the name of the officer and the title of
his or her office) do hereby certify that by virtue of a
judgment from the .... court of .... county, in favor of
...., against ...., dated (insert date), the .... day of
...., 19.., I did, on (insert date), the .... day of ....,
19.., levy upon the following premises. (Here describe the
premises.)
(Signature.)
(Source: P.A. 82-280; revised 10-20-98.)
(735 ILCS 5/12-164) (from Ch. 110, par. 12-164)
Sec. 12-164. Proceedings on delivery bond. If the
officer does not obtain satisfaction of the judgment, he or
she shall return the bond with the certified copy of the
judgment, and the creditor shall be allowed to recover
thereon the amount of the judgment, with interest and costs,
or if the value of the property so levied upon is shown by
the judgment debtor to be less than such judgment and costs,
the value thereof, with 10%. damages for the delay.
(Source: P.A. 82-280; revised 10-31-98.)
(735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
Sec. 12-183. Release of judgment.
(a) Every judgment creditor, his or her assignee of
record or other legal representative having received full
satisfaction or payment of all such sums of money as are
really due to him or her from the judgment debtor on any
judgment rendered in a court shall, at the request of the
judgment debtor or his or her legal representative, execute
and deliver to the judgment debtor or his or her legal
representative an instrument in writing releasing such
judgment.
(b) If the judgment creditor, his or her assigns of
record or other legal representative to whom tender has been
made of all sums of money due him or her from the judgment
debtor including interest, on any judgment entered by a
court, wilfully fails or refuses, at the request of the
judgment debtor or his or her legal representative to execute
and deliver to the judgment debtor or his or her legal
representative an instrument in writing releasing such
judgment, the judgment debtor may petition the court in which
such judgment is of record, making tender therewith to the
court of all sums due in principal and interest on such
judgment, for the use of the judgment creditor, his or her
executors, administrators or assigns, whereupon the court
shall enter an order satisfying the judgment and releasing
all liens based on such judgment.
(c) For the recording of assignment of any judgment the
clerk of the court in which such judgment is of record is
allowed a fee of $2.
(d) A satisfaction of a judgment may be delivered to the
judgment debtor, his or her attorney or to the clerk of the
court in which such judgment is of record.
(e) The clerk shall not be allowed any fee for recording
the satisfaction of judgment. The clerk of the court shall
make appropriate notation on the judgment docket of the book
and page where any release or assignment of any judgment is
recorded.
(f) No judgment shall be released of record except by an
instrument in writing recorded in the court in which such
judgment is of record. However, nothing contained in this
Section affects in any manner the validity of any release of
judgment made, prior to January 1, 1952, in judgment and
execution dockets by the judgment creditor, his or her
attorney, assignee or other legal representative.
(g) The writ of audita querela is abolished and all
relief heretofore obtainable and grounds for such relief
heretofore available, whether by the writ of audita querela
or otherwise, shall be available in every case by petition
hereunder, regardless of the nature of the order or judgment
from which relief is sought or of the proceeding in which it
was entered. There shall be no distinction between actions
and other proceedings, statutory or otherwise, as to
availability of relief, grounds for relief or relief
obtainable. The petition shall be filed in the same
proceeding in which the order or judgment was entered and
shall be supported by affidavit or other appropriate showing
as to matters not of record. All parties to the petition
shall be notified as provided by rule.
(h) Upon the filing of a release or satisfaction in full
satisfaction of judgment, signed by the party in whose favor
the judgment was entered or his or her attorney, the court
shall vacate the judgment, and dismiss the action.
(i) Any judgment arising out of an order for support
shall not be a judgment to the extent of payments made as
evidenced by the records of the Clerk of the Circuit Court or
State agency receiving payments pursuant to the order. In
the event payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or a State agency, then any
judgment arising out of each order for support may be
released in the following manner:
(1) A Notice of Filing and an affidavit stating that all
installments of child support required to be paid pursuant to
the order under which the judgment or judgments were entered
have been paid shall be filed with the office of the court or
agency entering said order for support, together with proof
of service of such notice and affidavit upon the recipient of
such payments.
(2) Service of such affidavit shall be by any means
authorized under Sections 2-203 and 2-208 of the Code of
Civil Procedure or under Supreme Court Rules 11 or 105(b).
(3) The Notice of Filing shall set forth the name and
address of the judgment debtor and the judgment creditor, the
court file number of the order giving rise to the judgment
and, in capital letters, the following statement:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) ...., 19..
, THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF .... COUNTY, ILLINOIS, WHOSE ADDRESS
IS ........, ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE ABOVE
OFFICE, THE SAID JUDGMENTS WILL BE DEEMED TO BE SATISFIED AND
NOT ENFORCEABLE. THE SATISFACTION WILL NOT PREVENT YOU FROM
ENFORCING THE ORDER FOR SUPPORT THROUGH THE COURT.
(4) If no affidavit objecting to the satisfaction of the
judgment or judgments is filed within 28 days of the Notice
described in paragraph (3) of this subsection (i), such
judgment or judgments shall be deemed to be satisfied and not
enforceable.
(Source: P.A. 85-1156; revised 10-19-98.)
(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
Sec. 15-1504. Pleadings and service.
(a) Form of Complaint. A foreclosure complaint may be
in substantially the following form:
(1) Plaintiff files this complaint to foreclose the
mortgage (or other conveyance in the nature of a
mortgage) (hereinafter called "mortgage") hereinafter
described and joins the following person as defendants:
(here insert names of all defendants).
(2) Attached as Exhibit "A" is a copy of the
mortgage and as Exhibit "B" is a copy of the note secured
thereby.
(3) Information concerning mortgage:
(A) Nature of instrument: (here insert whether
a mortgage, trust deed or other instrument in the
nature of a mortgage, etc.)
(B) Date of mortgage:
(C) Name of mortgagor:
(D) Name of mortgagee:
(E) Date and place of recording:
(F) Identification of recording: (here insert
book and page number or document number)
(G) Interest subject to the mortgage: (here
insert whether fee simple, estate for years,
undivided interest, etc.)
(H) Amount of original indebtedness, including
subsequent advances made under the mortgage:
(I) Both the legal description of the
mortgaged real estate and the common address or
other information sufficient to identify it with
reasonable certainty:
(J) Statement as to defaults, including, but
not necessarily limited to, date of default, current
unpaid principal balance, per diem interest
accruing, and any further information concerning the
default:
(K) Name of present owner of the real estate:
(L) Names of other persons who are joined as
defendants and whose interest in or lien on the
mortgaged real estate is sought to be terminated:
(M) Names of defendants claimed to be
personally liable for deficiency, if any:
(N) Capacity in which plaintiff brings this
foreclosure (here indicate whether plaintiff is the
legal holder of the indebtedness, a pledgee, an
agent, the trustee under a trust deed or otherwise,
as appropriate):
(O) Facts in support of redemption period
shorter than the longer of (i) 7 months from the
date the mortgagor or, if more than one, all the
mortgagors (I) have been served with summons or by
publication or (II) have otherwise submitted to the
jurisdiction of the court, or (ii) 3 months from the
entry of the judgment of foreclosure, if sought
(here indicate whether based upon the real estate
not being residential, abandonment, or real estate
value less than 90% of amount owed, etc.):
(P) Statement that the right of redemption has
been waived by all owners of redemption, if
applicable:
(Q) Facts in support of request for attorneys'
fees and of costs and expenses, if applicable:
(R) Facts in support of a request for
appointment of mortgagee in possession or for
appointment of receiver, and identity of such
receiver, if sought:
(S) Offer to mortgagor in accordance with
Section 15-1402 to accept title to the real estate
in satisfaction of all indebtedness and obligations
secured by the mortgage without judicial sale, if
sought:
(T) Name or names of defendants whose right to
possess the mortgaged real estate, after the
confirmation of a foreclosure sale, is sought to be
terminated and, if not elsewhere stated, the facts
in support thereof:
REQUEST FOR RELIEF
Plaintiff requests:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption
period, if sought.
(iii) A personal judgment for a deficiency, if
sought.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or
appointing a receiver, if sought.
(vi) A judgment for attorneys' fees, costs and
expenses, if sought.
(b) Required Information. A foreclosure complaint need
contain only such statements and requests called for by the
form set forth in subsection (a) of Section 15-1504 as may be
appropriate for the relief sought. Such complaint may be
filed as a counterclaim, may be joined with other counts or
may include in the same count additional matters or a request
for any additional relief permitted by Article II of the Code
of Civil Procedure.
(c) Allegations. The statements contained in a
complaint in the form set forth in subsection (a) of Section
15-1504 are deemed and construed to include allegations as
follows:
(1) on the date indicated the obligor of the
indebtedness or other obligations secured by the mortgage
was justly indebted in the amount of the indicated
original indebtedness to the original mortgagee or payee
of the mortgage note;
(2) that the exhibits attached are true and correct
copies of the mortgage and note and are incorporated and
made a part of the complaint by express reference;
(3) that the mortgagor was at the date indicated an
owner of the interest in the real estate described in the
complaint and that as of that date made, executed and
delivered the mortgage as security for the note or other
obligations;
(4) that the mortgage was recorded in the county in
which the mortgaged real estate is located, on the date
indicated, in the book and page or as the document number
indicated;
(5) that defaults occurred as indicated;
(6) that at the time of the filing of the complaint
the persons named as present owners are the owners of the
indicated interests in and to the real estate described;
(7) that the mortgage constitutes a valid, prior
and paramount lien upon the indicated interest in the
mortgaged real estate, which lien is prior and superior
to the right, title, interest, claim or lien of all
parties and nonrecord claimants whose interests in the
mortgaged real estate are sought to be terminated;
(8) that by reason of the defaults alleged, if the
indebtedness has not matured by its terms, the same has
become due by the exercise, by the plaintiff or other
persons having such power, of a right or power to declare
immediately due and payable the whole of all indebtedness
secured by the mortgage;
(9) that any and all notices of default or election
to declare the indebtedness due and payable or other
notices required to be given have been duly and properly
given;
(10) that any and all periods of grace or other
period of time allowed for the performance of the
covenants or conditions claimed to be breached or for the
curing of any breaches have expired; and
(11) that the amounts indicated in the statement in
the complaint are correctly stated and if such statement
indicates any advances made or to be made by the
plaintiff or owner of the mortgage indebtedness, that
such advances were, in fact, made or will be required to
be made, and under and by virtue of the mortgage the same
constitute additional indebtedness secured by the
mortgage; and .
(12) that, upon confirmation of the sale, the
holder of the certificate of sale or deed issued pursuant
to that certificate or, if no certificate or deed was
issued, the purchaser at the sale will be entitled to
full possession of the mortgaged real estate against the
parties named in clause (T) of paragraph (3) of
subsection (a) of Section 15-1504 or elsewhere to the
same effect; the omission of any party indicates that
plaintiff will not seek a possessory order in the order
confirming sale unless the request is subsequently made
under subsection (h) of Section 15-1701 or by separate
action under Article 9 of this Code.
(d) Request for Fees and Costs. A statement in the
complaint that plaintiff seeks the inclusion of attorneys'
fees and of costs and expenses shall be deemed and construed
to include allegations that:
(1) plaintiff has been compelled to employ and
retain attorneys to prepare and file the complaint and to
represent and advise the plaintiff in the foreclosure of
the mortgage and the plaintiff will thereby become liable
for the usual, reasonable and customary fees of the
attorneys in that behalf;
(2) that the plaintiff has been compelled to
advance or will be compelled to advance, various sums of
money in payment of costs, fees, expenses and
disbursements incurred in connection with the
foreclosure, including, without limiting the generality
of the foregoing, filing fees, stenographer's fees,
witness fees, costs of publication, costs of procuring
and preparing documentary evidence and costs of procuring
abstracts of title, Torrens certificates, foreclosure
minutes and a title insurance policy;
(3) that under the terms of the mortgage, all such
advances, costs, attorneys' fees and other fees, expenses
and disbursements are made a lien upon the mortgaged real
estate and the plaintiff is entitled to recover all such
advances, costs, attorneys' fees, expenses and
disbursements, together with interest on all advances at
the rate provided in the mortgage, or, if no rate is
provided therein, at the statutory judgment rate, from
the date on which such advances are made;
(4) that in order to protect the lien of the
mortgage, it may become necessary for plaintiff to pay
taxes and assessments which have been or may be levied
upon the mortgaged real estate;
(5) that in order to protect and preserve the
mortgaged real estate, it may also become necessary for
the plaintiff to pay liability (protecting mortgagor and
mortgagee), fire and other hazard insurance premiums on
the mortgaged real estate, make such repairs to the
mortgaged real estate as may reasonably be deemed
necessary for the proper preservation thereof, advance
for costs to inspect the mortgaged real estate or to
appraise it, or both, and advance for premiums for
pre-existing private or governmental mortgage insurance
to the extent required after a foreclosure is commenced
in order to keep such insurance in force; and
(6) that under the terms of the mortgage, any money
so paid or expended will become an additional
indebtedness secured by the mortgage and will bear
interest from the date such monies are advanced at the
rate provided in the mortgage, or, if no rate is
provided, at the statutory judgment rate.
(e) Request for Foreclosure. The request for
foreclosure is deemed and construed to mean that the
plaintiff requests that:
(1) an accounting may be taken under the direction
of the court of the amounts due and owing to the
plaintiff;
(2) that the defendants be ordered to pay to the
plaintiff before expiration of any redemption period (or,
if no redemption period, before a short date fixed by the
court) whatever sums may appear to be due upon the taking
of such account, together with attorneys' fees and costs
of the proceedings (to the extent provided in the
mortgage or by law);
(3) that in default of such payment in accordance
with the judgment, the mortgaged real estate be sold as
directed by the court, to satisfy the amount due to the
plaintiff as set forth in the judgment, together with the
interest thereon at the statutory judgment rate from the
date of the judgment;
(4) that in the event the plaintiff is a purchaser
of the mortgaged real estate at such sale, the plaintiff
may offset against the purchase price of such real estate
the amounts due under the judgment of foreclosure and
order confirming the sale;
(5) that in the event of such sale and the failure
of any person entitled thereto to redeem prior to such
sale pursuant to this Article, the defendants made
parties to the foreclosure in accordance with this
Article, and all nonrecord claimants given notice of the
foreclosure in accordance with this Article, and all
persons claiming by, through or under them, and each and
any and all of them, may be forever barred and foreclosed
of any right, title, interest, claim, lien, or right to
redeem in and to the mortgaged real estate; and
(6) that if no redemption is made prior to such
sale, a deed may be issued to the purchaser thereat
according to law and such purchaser be let into
possession of the mortgaged real estate in accordance
with Part 17 of this Article.
(f) Request for Deficiency Judgment. A request for a
personal judgment for a deficiency in a foreclosure complaint
if the sale of the mortgaged real estate fails to produce a
sufficient amount to pay the amount found due, the plaintiff
may have a personal judgment against any party in the
foreclosure indicated as being personally liable therefor and
the enforcement thereof be had as provided by law.
(g) Request for Possession or Receiver. A request for
possession or appointment of a receiver has the meaning as
stated in subsection (b) of Section 15-1706.
(h) Answers by Parties. Any party may assert its
interest by counterclaim and such counterclaim may at the
option of that party stand in lieu of answer to the complaint
for foreclosure and all counter complaints previously or
thereafter filed in the foreclosure. Any such counterclaim
shall be deemed to constitute a statement that the counter
claimant does not have sufficient knowledge to form a belief
as to the truth or falsity of the allegations of the
complaint and all other counterclaims, except to the extent
that the counterclaim admits or specifically denies such
allegations.
(Source: P.A. 88-265; revised 10-31-98.)
Section 251. The Interference With Utility Services Act
is amended by changing Section 4 as follows:
(740 ILCS 95/4) (from Ch. 111 2/3, par. 1504)
Sec. 4. The rebuttable presumption provided in
subsection (c) of Section 16-14 of the Criminal Code of 1961,
as now or hereafter amended, shall be fully applicable to all
causes of actions brought pursuant to this Act. The
presumption provided shall only shift the burden of going
forward with evidence, and shall in no event shift the burden
of proof to the defendant. Any evidence of a judgment
entered based on a finding of guilt, plea of guilty or
stipulation of guilt in a criminal cause of action brought
pursuant to Section 16-14 of the Criminal Code of 1961, as
now or hereafter amended, shall be admissible admissable in
any civil action brought pursuant to this Act to prove any
fact essential to sustaining a judgment. The pendency of an
appeal may be shown but does not affect the admissibility
admissability of evidence under this Section.
(Source: P.A. 86-379; revised 3-10-98.)
Section 252. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11. Disclosure of records and communications.
Records and communications may be disclosed:,
(i) in accordance with the provisions of the Abused
and Neglected Child Reporting Act;
(ii) when, and to the extent, a therapist, in his
or her sole discretion, determines that disclosure is
necessary to initiate or continue civil commitment
proceedings under the laws of this State or to otherwise
protect the recipient or other person against a clear,
imminent risk of serious physical or mental injury or
disease or death being inflicted upon the recipient or by
the recipient on himself or another;
(iii) when, and to the extent disclosure is, in the
sole discretion of the therapist, necessary to the
provision of emergency medical care to a recipient who is
unable to assert or waive his or her rights hereunder;
(iv) when disclosure is necessary to collect sums
or receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient under
Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the
Uncollected State Claims Act; however, disclosure shall
be limited to information needed to pursue collection,
and the information so disclosed shall not be used for
any other purposes nor shall it be redisclosed except in
connection with collection activities;
(v) when requested by a family member, the
Department of Human Services may assist in the location
of the interment site of a deceased recipient who is
interred in a cemetery established under Section 100-26
of the Mental Health and Developmental Disabilities
Administrative Act;
(vi) in judicial proceedings under Article VIII of
Chapter III and Article V of Chapter IV of the Mental
Health and Developmental Disabilities Code and
proceedings and investigations preliminary thereto, to
the State's Attorney for the county or residence of a
person who is the subject of such proceedings, or in
which the person is found, or in which the facility is
located, to the attorney representing the recipient in
the judicial proceedings, to any person or agency
providing mental health services that are the subject of
the proceedings and to that person's or agency's
attorney, to any court personnel, including but not
limited to judges and circuit court clerks, and to a
guardian ad litem if one has been appointed by the court,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except
in connection with the proceedings or investigations;
(vii) when, and to the extent disclosure is
necessary to comply with the requirements of the Census
Bureau in taking the federal Decennial Census;
(viii) when, and to the extent, in the therapist's
sole discretion, disclosure is necessary to warn or
protect a specific individual against whom a recipient
has made a specific threat of violence where there exists
a therapist-recipient relationship or a special
recipient-individual relationship;
(ix) in accordance with the Sex Offender
Registration Act; and
(x) in accordance with the Rights of Crime Victims
and Witnesses Act.
Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under
the Abused and Neglected Child Reporting Act or in the
disclosure of records and communications under this Section,
shall have immunity from any liability, civil, criminal or
otherwise, that might result by reason of such action. For
the purpose of any proceeding, civil or criminal, arising out
of a report or disclosure under this Section, the good faith
of any person, institution, or agency so reporting or
disclosing shall be presumed.
(Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97;
90-423, eff. 8-15-97; 90-538, eff. 12-1-97; 90-655, eff.
7-30-98; revised 10-31-98.)
Section 253. The Oil Spill Responders Liability Act is
amended by changing Section 5 as follows:
(740 ILCS 113/5)
Sec. 5. Definitions. As used in this Act:.
"Damages" means damages of any kind for which liability
may exist under the laws of this State resulting from,
arising out of, or related to the discharge or threatened
discharge of oil.
"Discharge" means an emission, other than natural
seepage, intentional or unintentional, and includes, but is
not limited to, spilling, leaking, pumping, pouring,
emitting, emptying, or dumping.
"Federal on-scene coordinator" means the federal official
predesignated by the United States Environmental Protection
Agency or the United States Coast Guard to coordinate and
direct federal responses under subpart D, or the official
designated by the lead agency to coordinate and direct
removal under subpart E, of the National Contingency Plan.
"National Contingency Plan" means the National
Contingency Plan prepared and published under Section 311(d)
of the federal Water Pollution Control Act, 33 U.S.C.
1321(d), as amended by the Oil Pollution Act of 1980, Public
Law No. 101-380.
"Oil" means oil of any kind or in any form, including,
but not limited to, petroleum, fuel oil, sludge, oil refuse,
and oil mixed with waste other than dredged spoil, but does
not include petroleum, including crude oil or any fraction of
crude oil, that is specifically listed or designated as a
hazardous substance under subparagraphs (A) through (F) of
Section 101(14) of the federal Comprehensive Environmental
Response Compensation and Liability Act (42 U.S.C. 9601) and
that is subject to the provision of that Act.
"Person" means an individual, a corporation, a
partnership, an association, the State, a municipality, a
commission, or a political subdivision of the State, or an
interstate body.
"Removal costs" means the costs of removal incurred after
a discharge of oil or, when there is a substantial threat of
a discharge of oil, the costs to prevent, minimize, or
mitigate oil pollution from an incident.
"Responsible party" means a responsible party as defined
under Section 1001 of the Oil Pollution Act of 1990, Public
Law No. 101-380.
(Source: P.A. 88-521; revised 10-31-98.)
Section 254. The Illinois Wage Assignment Act is amended
by changing Sections 2.1 and 4.1 as follows:
(740 ILCS 170/2.1) (from Ch. 48, par. 39.2a)
Sec. 2.1. A demand shall be in the following form:
"Demand is hereby made upon an assignment of salary,
wages, commissions or other compensation for services,
executed by .... and delivered to .... on (insert date), the
.... day of ...., 19.., to secure a debt contracted on
(insert date). the .... day of ...., 19...
The total amount of the debt is $..... Payments in the
amount of $.... have been made. The duration of the contract
is .... months. There is now due and owing without
acceleration the sum of $...., the last payment having been
made on (insert date). the .... day of 19...
The employee herein named has been in default in his
payments in the amount of $...., of which $.... has been due
and owing for more than 40 days.
Unless you have received within the past 20 days, or do
receive within 5 days after the service hereof, a notice of
defense from the employee herein named, you are required by
law to make payment in accordance with such assignment.
...., first being duly sworn, deposes and says that the facts
stated in the demand above are true and correct; and further
deposes and says that he (or his principal, if he is an agent
for the assignee) has no notice of any defenses of the
debtor.
...........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...........................
Notary Public".
(Source: P.A. 84-1438; revised 10-20-98.)
(740 ILCS 170/4.1) (from Ch. 48, par. 39.4a)
Sec. 4.1. Within 20 days after receiving the notice
required by Section 2 or within 5 days after service of the
demand, the employee may notify his employer, in writing, of
any defense he may have to the wage assignment. A copy of
such notice shall be served upon the creditor by registered
or certified mail. If served upon the creditor prior to the
creditor's service of demand upon the employer, such demand
shall not be served by the creditor. The notice shall be by
affidavit and shall be in substantially the following form:
"I, ...., hereby (swear) (affirm) that I have a bona fide
defense to the claim of ...., which claim is based on a debt
contracted on (insert date), the .... day of ...., 19.., and
for security on which debt a wage assignment was executed.
..............................
Address for service of summons
..............................
Employee
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
............................."
Notary Public
(Source: P.A. 77-2767; revised 10-20-98.)
Section 255. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Section
6-107 as follows:
(745 ILCS 10/6-107) (from Ch. 85, par. 6-107)
Sec. 6-107. (a) Neither a local public entity nor a
public employee acting within the scope of his employment is
liable for any injury resulting from determining in
accordance with any applicable enactment:
(1) Whether to confine a person for mental illness
or addiction.
(2) The terms and conditions of confinement for
mental illness or addiction in a medical facility
operated or maintained by a local public entity.
(3) Whether to parole or release a person from
confinement for mental illness or addiction in a medical
facility operated or maintained by a local public entity.
(a) A public employee is not liable for carrying out a
determination described in this subdivision (a).
(b) Nothing in this Section exonerates a public employee
from liability for false arrest or false imprisonment.
(Source: Laws 1965, p. 2983, revised 10-31-98.)
Section 256. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 504, 505.1, 507,
607, 705, and 706.1 as follows:
(750 ILCS 5/504) (from Ch. 40, par. 504)
Sec. 504. Maintenance.
(a) In a proceeding for dissolution of marriage or legal
separation or declaration of invalidity of marriage, or a
proceeding for maintenance following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, the court may grant a temporary or
permanent maintenance award for either spouse in amounts and
for periods of time as the court deems just, without regard
to marital misconduct, in gross or for fixed or indefinite
periods of time, and the maintenance may be paid from the
income or property of the other spouse after consideration of
all relevant factors, including:
(1) the income and property of each party,
including marital property apportioned and non-marital
property assigned to the party seeking maintenance;
(2) the needs of each party;
(3) the present and future earning capacity of each
party;
(4) any impairment of the present and future
earning capacity of the party seeking maintenance due to
that party devoting time to domestic duties or having
forgone foregone or delayed education, training,
employment, or career opportunities due to the marriage;
(5) the time necessary to enable the party seeking
maintenance to acquire appropriate education, training,
and employment, and whether that party is able to support
himself or herself through appropriate employment or is
the custodian of a child making it appropriate that the
custodian not seek employment;
(6) the standard of living established during the
marriage;
(7) the duration of the marriage;
(8) the age and the physical and emotional
condition of both parties;
(9) the tax consequences of the property division
upon the respective economic circumstances of the
parties;
(10) contributions and services by the party
seeking maintenance to the education, training, career or
career potential, or license of the other spouse;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly
finds to be just and equitable.
(b) (Blank).
(c) The court may grant and enforce the payment of
maintenance during the pendency of an appeal as the court
shall deem reasonable and proper.
(d) No maintenance shall accrue during the period in
which a party is imprisoned for failure to comply with the
court's order for the payment of such maintenance.
(e) When maintenance is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in
addition to the maintenance payments, all fees imposed by the
county board under paragraph (3) of subsection (u) of Section
27.1 of the Clerks of Courts Act. Unless paid in cash or
pursuant to an order for withholding, the payment of the fee
shall be by a separate instrument from the support payment
and shall be made to the order of the Clerk.
(Source: P.A. 86-969; 87-881; revised 10-31-98.)
(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
Sec. 505.1. (a) Whenever it is determined in a
proceeding to establish or enforce a child support or
maintenance obligation that the person owing a duty of
support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in
accordance with such order. Additionally, the court may order
the unemployed person to report to the Department of
Employment Security for job search services or to make
application with the local Job Jobs Training Partnership Act
provider for participation in job search, training or work
programs and where the duty of support is owed to a child
receiving support services under Article X of the Illinois
Public Aid Code, as amended, the court may order the
unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes
past-due support for a child or for a child and the parent
with whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order at the request of the Illinois Department of
Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
(750 ILCS 5/507) (from Ch. 40, par. 507)
Sec. 507. Payment of maintenance or support to court.
(a) In actions instituted under this Act, the court
shall order that maintenance and support payments be made to
the clerk of court as trustee for remittance to the person
entitled to receive the payments. However, the court in its
discretion may direct otherwise where circumstances so
warrant.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
(b) The clerk of court shall maintain records listing
the amount of payments, the date payments are required to be
made and the names and addresses of the parties affected by
the order. For those cases in which support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of the court or upon
notification of the Illinois Department of Public Aid, and
the Illinois Department of Public Aid collects support by
assignment, offset, withholding, deduction or other process
permitted by law, the Illinois Department shall notify the
clerk of the date and amount of such collection. Upon
notification, the clerk shall record the collection on the
payment record for the case.
(c) The parties affected by the order shall inform the
clerk of court of any change of address or of other condition
that may affect the administration of the order.
(d) The provisions of this Section shall not apply to
cases that come under the provisions of Sections 709 through
712.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 5/607) (from Ch. 40, par. 607)
(Text of Section before amendment by P.A. 90-801)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is
entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger
seriously the child's physical, mental, moral or emotional
health. If the custodian's street address is not identified,
pursuant to Section 708, the court shall require the parties
to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not
limited to visitation of the minor child at the residence of
another person or at a local public or private facility.
(b) (1) The court may grant reasonable visitation
privileges to a grandparent, great-grandparent, or sibling of
any minor child upon petition to the court by the
grandparents or great-grandparents or on behalf of the
sibling, with notice to the parties required to be notified
under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue any necessary orders to enforce such visitation
privileges. Except as provided in paragraph (2) of this
subsection (b), a petition for visitation privileges may be
filed under this paragraph (1) whether or not a petition
pursuant to this Act has been previously filed or is
currently pending if one or more of the following
circumstances exist:
(A) the parents are not currently cohabiting on a
permanent or an indefinite basis;
(B) one of the parents has been absent from the
marital abode for more than one month without the spouse
knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with
the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation
privileges to a stepparent upon petition to the court by the
stepparent, with notice to the parties required to be
notified under Section 601 of this Act, if the court
determines that it is in the best interests and welfare of
the child, and may issue any necessary orders to enforce
those visitation privileges. A petition for visitation
privileges may be filed under this paragraph (1.5) whether or
not a petition pursuant to this Act has been previously filed
or is currently pending if the following circumstances are
met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent
and stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is
unable to care for the child;
(D) the child wishes to have reasonable visitation
with the stepparent; and
(E) the stepparent was providing for the care,
control, and welfare to the child prior to the initiation
of the petition for visitation.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be
filed under this subsection (b) if the child who is the
subject of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the parent or parents,
except for a surrender to the Illinois Department of Children
and Family Services or a foster care facility, or has been
previously adopted by an individual or individuals who are
not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or
individuals who are not related to the biological parents of
the child.
(3) When one parent is deceased, the surviving parent
shall not interfere with the visitation rights of the
grandparents.
(c) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
interest of the child; but the court shall not restrict a
parent's visitation rights unless it finds that the
visitation would endanger seriously the child's physical,
mental, moral or emotional health.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting
visitation privileges with the child to a grandparent or
great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting
the non-custodial parent from any contact with the
child, and the grandparent or great-grandparent is
found to have used his or her visitation privileges
to facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting
the non-custodial parent's contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent in a manner that violates the
terms of the order restricting the non-custodial
parent's contact with the child.
Nothing in this subdivision (1) limits the authority
of the court to enforce its orders in any manner
permitted by law.
(2) Any order granting visitation privileges with
the child to a grandparent or great-grandparent who is
related to the child through the non-custodial parent
shall contain the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or stepparent, or sibling
of any minor child, convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years
of age including but not limited to offenses for violations
of Article 12 of the Criminal Code of 1961, is entitled to
visitation rights while incarcerated or while on parole,
probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon
discharge from incarceration for a misdemeanor offense or
upon discharge from parole, probation, conditional discharge,
periodic imprisonment, or mandatory supervised release for a
felony offense, visitation shall be denied until the person
successfully completes a treatment program approved by the
court.
(Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)
(Text of Section after amendment by P.A. 90-801)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is
entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger
seriously the child's physical, mental, moral or emotional
health. If the custodian's street address is not identified,
pursuant to Section 708, the court shall require the parties
to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not
limited to visitation of the minor child at the residence of
another person or at a local public or private facility.
(b) (1) The court may grant reasonable visitation
privileges to a grandparent, great-grandparent, or sibling of
any minor child upon petition to the court by the
grandparents or great-grandparents or on behalf of the
sibling, with notice to the parties required to be notified
under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue any necessary orders to enforce such visitation
privileges. Except as provided in paragraph (2) of this
subsection (b), a petition for visitation privileges may be
filed under this paragraph (1) whether or not a petition
pursuant to this Act has been previously filed or is
currently pending if one or more of the following
circumstances exist:
(A) the parents are not currently cohabiting on a
permanent or an indefinite basis;
(B) one of the parents has been absent from the
marital abode for more than one month without the spouse
knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with
the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation
privileges to a stepparent upon petition to the court by the
stepparent, with notice to the parties required to be
notified under Section 601 of this Act, if the court
determines that it is in the best interests and welfare of
the child, and may issue any necessary orders to enforce
those visitation privileges. A petition for visitation
privileges may be filed under this paragraph (1.5) whether or
not a petition pursuant to this Act has been previously filed
or is currently pending if the following circumstances are
met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent
and stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is
unable to care for the child;
(D) the child wishes to have reasonable visitation
with the stepparent; and
(E) the stepparent was providing for the care,
control, and welfare to the child prior to the initiation
of the petition for visitation.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be
filed under this subsection (b) if the child who is the
subject of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the parent or parents,
except for a surrender to the Illinois Department of Children
and Family Services or a foster care facility, or has been
previously adopted by an individual or individuals who are
not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or
individuals who are not related to the biological parents of
the child.
(3) When one parent is deceased, the surviving parent
shall not interfere with the visitation rights of the
grandparents.
(c) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
interest of the child; but the court shall not restrict a
parent's visitation rights unless it finds that the
visitation would endanger seriously the child's physical,
mental, moral or emotional health.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting
visitation privileges with the child to a grandparent or
great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting
the non-custodial parent from any contact with the
child, and the grandparent or great-grandparent is
found to have used his or her visitation privileges
to facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting
the non-custodial parent's contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent in a manner that violates the
terms of the order restricting the non-custodial
parent's contact with the child.
Nothing in this subdivision (1) limits the authority
of the court to enforce its orders in any manner
permitted by law.
(2) Any order granting visitation privileges with
the child to a grandparent or great-grandparent who is
related to the child through the non-custodial parent
shall contain the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or stepparent, or sibling
of any minor child, convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years
of age including but not limited to offenses for violations
of Article 12 of the Criminal Code of 1961, is entitled to
visitation rights while incarcerated or while on parole,
probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon
discharge from incarceration for a misdemeanor offense or
upon discharge from parole, probation, conditional discharge,
periodic imprisonment, or mandatory supervised release for a
felony offense, visitation shall be denied until the person
successfully completes a treatment program approved by the
court.
(f) Unless the court determines, after considering all
relevant factors, including but not limited to those set
forth in Section 602(a), that it would be in the best
interests of the child to allow visitation, the court shall
not enter an order providing visitation rights and pursuant
to a motion to modify visitation shall revoke visitation
rights previously granted to any person who would otherwise
be entitled to petition for visitation rights under this
Section who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child who is the subject of the order. Until an order is
entered pursuant to this subsection, no person shall visit,
with the child present, a person who has been convicted of
first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child without the
consent of the child's parent, other than a parent convicted
of first degree murder as set forth herein, or legal
guardian.
(Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
90-801, eff. 6-1-99; revised 12-22-98.)
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing
agents.
(1) The provisions of this Section shall apply, except
as provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders, under subsection (4) of this
Section, may direct that child support payments be made to
the clerk of the court.
(3) In a dissolution of marriage action filed in any
county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made
either to the clerk of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the
court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments,
or both, to persons who are recipients of aid under the
Illinois Public Aid Code, the court shall direct that such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and regulations,
the Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The
order shall permit the Illinois Department of Public Aid or
the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their
behalf, upon removal of the former spouse or children from
the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or local governmental
unit, as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service
Division of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court and the
Illinois Department of Public Aid, receiving child support
payments under subsections (2) and (3) of this Section shall
disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required
payments. The court, by order or rule, shall make provision
for the carrying out of these duties.
in effect in accordance with the Income Withholding for
Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of
Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund. Any order of court
directing payment of child support to a clerk of court or the
Court Service Division of a County Department of Public Aid,
which order has been entered on or after August 14, 1961, and
prior to the effective date of this Act, may be amended by
the court in line with this Act; and orders involving
payments of maintenance or child support to recipients of
public aid may in like manner be amended to conform to this
Act.
(6) No filing fee or costs will be required in any
action brought at the request of the Illinois Department of
Public Aid in any proceeding under this Act. However, any
such fees or costs may be assessed by the court against the
respondent in the court's order of support or any
modification thereof in a proceeding under this Act.
(7) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of
1,000,000 or less, the court shall assess against the
respondent in any order of maintenance or child support any
sum up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance
and child support payments. Such sum shall be in addition to
and separate from amounts ordered to be paid as maintenance
or child support.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
Sec. 706.1. Withholding of Income to Secure Payment of
Support. Orders for support entered under this Act are
subject to the Income Withholding for Support Act.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and ; and
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice. A copy of the
income withholding notice together with A copy of the
income withholding notice together with a proof of
service on the other payor shall be filed with the Clerk
of the Circuit Court.
(9) income notice income notice income notice
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
Section 257. The Non-Support of Spouse and Children Act
is amended by changing Sections 2.1, 4.1, and 12 as follows:
(750 ILCS 15/2.1) (from Ch. 40, par. 1105)
Sec. 2.1. Support payments; receiving and disbursing
agents.
(1) In actions instituted under this Act on and after
August 14, 1961, involving a minor child or children, the
Court, except in actions instituted on or after August 26,
1969, in which the support payments are in behalf of a
recipient of aid under the Illinois Public Aid Code, shall
direct that moneys ordered to be paid for support under
Sections 3 and 4 of this Act shall be paid to the clerk of
the court in counties of less than 3 million population, and
in counties of 3 million or more population, to the clerk or
probation officer of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this amendatory Act of 1975, the court
shall direct that such support moneys be paid to the clerk or
probation officer or the Illinois Department of Public Aid.
However, the court in its discretion may direct otherwise
where exceptional circumstances so warrant. If payment is to
be made to persons other than the clerk or probation officer,
the Court Service Division of the County Department of Public
Aid, or the Illinois Department of Public Aid, the judgment
or order of support shall set forth the facts of the
exceptional circumstances.
(2) In actions instituted after August 26, 1969, where
the support payments are in behalf of spouses, children, or
both, who are recipients of aid under the Illinois Public Aid
Code, the court shall order the payments to be made directly
to (1) the Illinois Department of Public Aid if the person is
a recipient under Articles III, IV or V of the Code, or (2)
to the local governmental unit responsible for the support of
the person if he or she is a recipient under Articles VI or
VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may
continue to collect current maintenance payments or child
support payments, or both, after those persons cease to
receive public assistance and until termination of services
under Article X of the Illinois Public Aid Code. The
Illinois Department of Public Aid shall pay the net amount
collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the
amount of any recovery made. The order shall permit the
Illinois Department of Public Aid or the local governmental
unit, as the case may be, to direct that support payments be
made directly to the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the spouse
or children from the public aid rolls or upon termination of
services under Article X of the Illinois Public Aid Code; and
upon such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(3) The clerks, probation officers, and the Court
Service Division of the County Department of Public Aid in
counties of 3 million or more population, and, after the
effective date of this amendatory Act of 1975, the clerks,
probation officers, and the Illinois Department of Public
Aid, shall disburse moneys paid to them to the person or
persons entitled thereto under the order of the Court. They
shall establish and maintain current records of all moneys
received and disbursed and of delinquencies and defaults in
required payments. The Court, by order or rule, shall make
provision for the carrying out of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
(4) Payments under this Section to the Illinois
Department of Public Aid pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement
Trust Fund. All other payments under this Section to the
Illinois Department of Public Aid shall be deposited in the
Public Assistance Recoveries Trust Fund. Disbursements from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(5) Orders and assignments entered or executed prior to
the Act approved August 14, 1961 shall not be affected
thereby. Employers served with wage assignments executed
prior to that date shall comply with the terms thereof.
However, the Court, on petition of the state's attorney, or
of the Illinois Department of Public Aid or local
governmental unit in respect to recipients of public aid, may
order the execution of new assignments and enter new orders
designating the clerk, probation officer, or the Illinois
Department of Public Aid or appropriate local governmental
unit in respect to payments in behalf of recipients of public
aid, as the person or agency authorized to receive and
disburse the salary or wages assigned. On like petition the
Court may enter new orders designating such officers,
agencies or governmental units to receive and disburse the
payments ordered under Section 4.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
Sec. 4.1. Withholding of Income to Secure Payment of
Support. Orders for support entered under this Act are
subject to the Income Withholding for Support Act.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and ; and
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice. A copy of the
income withholding notice together with A copy of the
income withholding notice together with a proof of
service on the other payor shall be filed with the Clerk
of the Circuit Court.
(9) income notice income notice income notice
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 15/12) (from Ch. 40, par. 1115)
Sec. 12. (a) Whenever it is determined in a proceeding
to establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local Job
Jobs Training Partnership Act provider for participation in
job search, training or work programs and where the duty of
support is owed to a child receiving support services under
Article X of the Illinois Public Aid Code, as amended, the
court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job
search, training or work programs established under Section
9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes
past-due support for a child and the parent with whom the
child is living, and the child is receiving assistance under
the Illinois Public Aid Code, the court shall order the
following at the request of the Illinois Department of Public
Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
Section 259. The Uniform Interstate Family Support Act
is amended by changing Section 605 as follows:
(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income-withholding order
issued in another state is registered, the registering
tribunal shall notify the nonregistering party. The notice
must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(b) The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of
the date of registration in the same manner as an order
issued by a tribunal of this State;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested
within 20 days after the date of mailing or personal
service of the notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner
will result in confirmation of the order and enforcement
of the order and the alleged arrearages and precludes
further contest of that order with respect to any matter
that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the
obligor's employer pursuant to the Income Withholding for
Support Act. 1984
(Source: P.A. 90-240, eff. 7-28-97; 90-655, eff. 7-30-98;
90-673, eff. 1-1-99; revised 9-14-98.)
Section 260. The Income Withholding for Support Act is
amended by changing Sections 15, 20, 25, and 45 and
renumbering Section 99 as follows:
(750 ILCS 28/15)
Sec. 15. Definitions.
(a) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(1) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(2) reimbursement of support;
(3) payment or reimbursement of the expenses of
pregnancy and delivery (for orders for support entered
under the Illinois Parentage Act of 1984 or its
predecessor the Paternity Act); or
(4) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(b) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(b-5) "Business day" means a day on which State offices
are open for regular business.
(c) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(d) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(1) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(2) union dues;
(3) any amounts exempted by the federal Consumer
Credit Protection Act;
(4) public assistance payments; and
(5) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(e) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(f) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(g) "Payor" means any payor of income to an obligor.
(h) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(i) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/20)
Sec. 20. Entry of order for support containing income
withholding provisions; income withholding notice.
(a) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(1) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(2) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(3) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(b) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(c) The income withholding notice shall:
(1) be in the standard format prescribed by the
federal Department of Health and Human Services; and
(1.1) state the date of entry of the order for
support upon which the income withholding notice is
based; and
(2) direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(3) direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(4) direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(5) state the amount of the payor income
withholding fee specified under this Section; and
(6) state that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(7) state the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(8) state the rights, remedies, and duties of the
obligor under this Section; and
(9) include the obligor's Social Security Number;
and
(10) include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support; and.
(11) contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice.
(d) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in subsection (a) of this Section,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(e) Notwithstanding the exception to immediate
withholding contained in subsection (a) of this Section, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(f) If the order for support, under the exception to
immediate withholding contained in subsection (a) of this
Section, provides that an income withholding notice is to be
prepared and served only if the obligor becomes delinquent in
paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(g) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of
the Circuit Court.
(h) At any time after the initial service of an income
withholding notice, any other payor of the obligor may be
served with the same income withholding notice without
further notice to the obligor. A copy of the income
withholding notice together with a proof of service on the
other payor shall be filed with the Clerk of the Circuit
Court.
(i) New service of an income withholding notice is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an income withholding
notice was previously served on the payor if withholding of
income was terminated because of an interruption in the
obligor's employment of less than 180 days.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/25)
Sec. 25. Income withholding after accrual of
delinquency.
(a) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(1) contains the information required under
subsection (c) of Section 20; and
(2) contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(3) directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(b) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in subsection (g) of Section 20.
(c) The obligor may contest withholding commenced under
this Section by filing a petition to contest withholding with
the Clerk of the Circuit Court within 20 days after service
of a copy of the income withholding notice on the obligor.
However, the grounds for the petition to contest withholding
shall be limited to:
(1) a dispute concerning the existence or amount of
the delinquency; or
(2) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of Section
40.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/45)
Sec. 45. Additional duties.
(a) An obligee who is receiving income withholding
payments under this Act shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(b) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(c) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(d) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this Act
shall notify the obligee, the public office, and the Clerk of
the Circuit Court of any new payor, within 7 days.
(e) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(f) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(g) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Act.
(h) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Act and shall
make available to the courts such forms and informational
materials which describe the procedures and remedies set
forth herein for distribution to all parties in support
actions.
(i) At the time of transmitting each support payment,
the Clerk of the Circuit Court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/999)
Sec. 999. 99. Effective date. This Act takes effect
January 1, 1999.
(Source: P.A. 90-673, eff. 1-1-99; revised 9-14-98.)
Section 261. The Illinois Parentage Act of 1984 is
amended by changing Sections 15, 15.1, 20, and 21 as follows:
(750 ILCS 45/15) (from Ch. 40, par. 2515)
Sec. 15. Enforcement of Judgment or Order.
(a) If existence of the parent and child relationship is
declared, or paternity or duty of support has been
established under this Act or under prior law or under the
law of any other jurisdiction, the judgment rendered
thereunder may be enforced in the same or other proceedings
by any party or any person or agency that has furnished or
may furnish financial assistance or services to the child.
The Income Withholding for Support Act and Sections 14 and 16
of this Act shall also be applicable with respect to entry,
modification and enforcement of any support judgment entered
under provisions of the "Paternity Act", approved July 5,
1957, as amended, repealed July 1, 1985.
(b) Failure to comply with any order of the court shall
be punishable as contempt as in other cases of failure to
comply under the "Illinois Marriage and Dissolution of
Marriage Act", as now or hereafter amended. In addition to
other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party be:
(1) Placed on probation with such conditions of
probation as the court deems advisable;
(2) Sentenced to periodic imprisonment for a period
not to exceed 6 months. However, the court may permit
the party to be released for periods of time during the
day or night to work or conduct business or other
self-employed occupation. The court may further order
any part of all the earnings of a party during a sentence
of periodic imprisonment to be paid to the Clerk of the
Circuit Court or to the person or parent having custody
of the minor child for the support of said child until
further order of the court.
(2.5) The court may also pierce the ownership veil
of a person, persons, or business entity to discover
assets of a non-custodial parent held in the name of that
person, those persons, or that business entity if there
is a unity of interest and ownership sufficient to render
no financial separation between the non-custodial parent
and that person, those persons, or the business entity.
The following circumstances are sufficient for a court to
order discovery of the assets of a person, persons, or
business entity and to compel the application of any
discovered assets toward payment on the judgment for
support:
(A) the non-custodial parent and the person,
persons, or business entity maintain records
together.
(B) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard
to any assets.
(C) the non-custodial parent transfers assets
to the person, persons, or business entity with the
intent to perpetrate a fraud on the custodial
parent.
With respect to assets which are real property, no
order entered under this subdivision (2.5) shall affect
the rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their
interests in the property prior to the time a notice of
lis pendens pursuant to the Code of Civil Procedure or a
copy of the order is placed of record in the office of
the recorder of deeds for the county in which the real
property is located.
(3) The court may also order that in cases where
the party is 90 days or more delinquent in payment of
support or has been adjudicated in arrears in an amount
equal to 90 days obligation or more, that the party's
Illinois driving privileges be suspended until the court
determines that the party is in compliance with the
judgement or duty of support. The court may also order
that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle
Code. The clerk of the circuit court shall certify the
order suspending the driving privileges of the parent or
granting the issuance of a family financial
responsibility driving permit to the Secretary of State
on forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall
suspend the party's driving privileges until further
order of the court and shall, if ordered by the court,
subject to the provisions of Section 7-702.1 of the
Illinois Vehicle Code, issue a family financial
responsibility driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 15.1 of this Act.
(c) In any post-judgment proceeding to enforce or modify
the judgment the parties shall continue to be designated as
in the original proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98;
90-673, eff. 1-1-99; 90-733, eff. 8-11-98; revised 9-14-98.)
(750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
Sec. 15.1. (a) Whenever it is determined in a proceeding
to establish or enforce a child support obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Job Jobs Training
Partnership Act provider for participation in job search,
training or work programs and where the duty of support is
owed to a child receiving support services under Article X of
the Illinois Public Aid Code, as amended, the court may order
the unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes
past-due support for a child, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order the following at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
(750 ILCS 45/20) (from Ch. 40, par. 2520)
Sec. 20. Withholding of Income to Secure Payment of
Support. Orders for support entered under this Act are
subject to the Income Withholding for Support Act.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and ; and
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice. A copy of the
income withholding notice together with A copy of the
income withholding notice together with a proof of
service on the other payor shall be filed with the Clerk
of the Circuit Court.
(9) income notice income notice income notice
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in a county counties of less than
3 million population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed in such a county counties, the court,
except in actions or supplementary proceedings in which the
pregnancy and delivery expenses of the mother or the child
support payments are for a recipient of aid under the
Illinois Public Aid Code, shall direct that child support
payments be made to the clerk of the court unless in the
discretion of the court exceptional circumstances warrant
otherwise. In cases where payment is to be made to persons
other than the clerk of the court the judgment or order of
support shall set forth the facts of the exceptional
circumstances.
(2) In an action filed in a county counties of 3 million
or more population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed date in such a county counties, the
court, except in actions or supplementary proceedings in
which the pregnancy and delivery expenses of the mother or
the child support payments are for a recipient of aid under
the Illinois Public Aid Code, shall direct that child support
payments be made either to the clerk of the court or to the
Court Service Division of the County Department of Public
Aid, or to the clerk of the court or to the Illinois
Department of Public Aid, unless in the discretion of the
court exceptional circumstances warrant otherwise. In cases
where payment is to be made to persons other than the clerk
of the court, the Court Service Division of the County
Department of Public Aid, or the Illinois Department of
Public Aid, the judgment or order of support shall set forth
the facts of the exceptional circumstances.
(3) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the
court shall order that the payments be made directly to (a)
the Illinois Department of Public Aid if the mother or child,
or both, are recipients under Articles IV or V of the Code,
or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are
recipients under Articles VI or VII of the Code. In
accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois
Public Aid Code. The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee from the amount of any recovery made. The Illinois
Department of Public Aid or the local governmental unit, as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the child's behalf, upon the removal of the mother and child
from the public aid rolls or upon termination of services
under Article X of the Illinois Public Aid Code; and upon
such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(4) All clerks of the court and the Court Service
Division of a County Department of Public Aid and the
Illinois Department of Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the same
to the person or persons entitled thereto under the terms of
the order. They shall establish and maintain clear and
current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court,
by order or rule, shall make provision for the carrying out
of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursement from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund.
(5) The moneys received by persons or agencies
designated by the court shall be disbursed by them in
accordance with the order. However, the court, on petition
of the state's attorney, may enter new orders designating the
clerk of the court or the Illinois Department of Public Aid,
as the person or agency authorized to receive and disburse
child support payments and, in the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to the Illinois Department of Public Aid or to the
appropriate local governmental unit, as provided in paragraph
(3). Payments of child support by principals or sureties on
bonds, or proceeds of any sale for the enforcement of a
judgment shall be made to the clerk of the court, the
Illinois Department of Public Aid or the appropriate local
governmental unit, as the respective provisions of this
Section require.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 11-5-98.)
Section 262. The Adoption Act is amended by changing
Sections 1, 5, 8, 10, 11, 12a, 17, 18.2, and 18.3a as
follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent
is depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph 1 or 2 of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961;
(3) attempt or conspiracy to commit first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961;
or (5) aggravated criminal sexual assault in violation of
Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of
at least 3 felonies under the laws of this State or any
other state, or under federal law, or the criminal laws
of any United States territory; and at least one of these
convictions took place within 5 years of the filing of
the petition or motion seeking termination of parental
rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of
the filing date of the petition or motion to terminate
parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date
of this amendatory Act of 1998 unless the child's parent
can prove by a preponderance of the evidence that it is
more likely than not that it will be in the best
interests of the child to be returned to the parent
within 6 months of the date on which a petition for
termination of parental rights is filed under the
Juvenile Court Act of 1987. The 15 month time limit is
tolled during any period for which there is a court
finding that the appointed custodian or guardian failed
to make reasonable efforts to reunify the child with his
or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period
when reasonable efforts were not made or (ii) the parent
filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier
of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forgo forego his or her parental rights. In making
this determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder
of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act, or a metabolite
of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant was the
result of medical treatment administered to the mother or
the newborn infant, and that the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act
of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse counseling, treatment, and
rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961.
(Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
(changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
eff. 7-30-98; revised 10-31-98.)
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related
child, shall be commenced by the filing of a petition within
30 days after such child has become available for adoption,
provided that such petition may be filed at a later date by
leave of court upon a showing that the failure to file such
petition within such 30 day period was not due to the
petitioners' culpable negligence or their wilful disregard of
the provisions of this Section. In the case of a child born
outside the United States or a territory thereof, if the
prospective adoptive parents of such child have been
appointed guardians of such child by a court of competent
jurisdiction in a country other than the United States or a
territory thereof, such parents shall file a petition as
provided in this Section within 30 days after entry of the
child into the United States. A petition to adopt an adult
or a related child may be filed at any time. A petition for
adoption may include more than one person sought to be
adopted.
B. A petition to adopt a child other than a related
child shall state:
(a) The full names of the petitioners and, if
minors, their respective ages;
(b) The place of residence of the petitioners and
the length of residence of each in the State of Illinois
immediately preceding the filing of the petition;
(c) When the petitioners acquired, or intend to
acquire, custody of the child, and the name and address
of the persons or agency from whom the child was or will
be received;
(d) The name, the place and date of birth if known,
and the sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
petitioner;
(f) The names, if known, and the place of
residence, if known, of the parents; and whether such
parents are minors, or otherwise under any legal
disability. The names and addresses of the parents shall
be omitted and they shall not be made parties defendant
to the petition if (1) the rights of the parents have
been terminated by a court of competent jurisdiction, or
(2) if the child has been surrendered to an agency, or
(3) if the parent or parents have been served with the
notice provided in Section 12a of this Act and said
parent or parents have filed a disclaimer of paternity as
therein provided or have failed to file such declaration
of paternity or a request for notice as provided in said
Section; .
(g) If it is alleged that the child has no living
parent, then the name of the guardian, if any, of such
child and the court which appointed such guardian;
(h) If it is alleged that the child has no living
parent and that no guardian of such child is known to
petitioners, then the name of a near relative, if known,
shall be set forth, or an allegation that no near
relative is known and on due inquiry cannot be
ascertained by petitioners; :
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to
consent under Section 8 of this Act, has consented, or
has indicated willingness to consent, to the adoption of
the child by the petitioners, or that the person having
authority to consent is an unfit person and the ground
therefor, or that no consent is required under paragraph
(f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have
heretofore been entered by any court affecting (1)
adoption or custody of the child, or (2) the adoptive,
custodial or parental rights of either petitioner,
including the prior denial of any petition for adoption
pertaining to such child, or to the petitioners, or
either of them.
C. A petition to adopt a related child shall include the
information specified in sub-paragraphs (a), (b), (d), (e),
(f), (i) and (k) of paragraph B and a petition to adopt an
adult shall contain the information required by
sub-paragraphs (a), (b) and (i) of paragraph B in addition to
the name, place, date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall
furnish the Clerk of the Court in which the petition is
pending such information not contained in such petition as
shall be necessary to enable the Clerk of such Court to
complete a certificate of adoption as hereinafter provided.
(Source: P.A. 87-1129; 88-148; revised 10-31-98.)
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes
of adoption.
(a) Except as hereinafter provided in this Section
consents or surrenders shall be required in all cases, unless
the person whose consent or surrender would otherwise be
required shall be found by the court:
(1) to be an unfit person as defined in Section 1
of this Act, by clear and convincing evidence; or
(2) not to be the biological or adoptive father of
the child; or
(3) to have waived his parental rights to the child
under Section 12a or 12.1 of this Act; or
(4) to be the parent of an adult sought to be
adopted; or
(5) to be the father of the child as a result of
criminal sexual abuse or assault as defined under Article
12 of the Criminal Code of 1961.
(b) Where consents are required in the case of an
adoption of a minor child, the consents of the following
persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant to
subsection (a) of Section 5 of the Illinois
Parentage Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's biological
mother, or both, and held himself out to be the
child's biological father during the first 30 days
following the birth of the child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth,
made a good faith effort to pay a reasonable amount
of the expenses related to the birth of the child
and to provide a reasonable amount for the financial
support of the child before the expiration of 30
days following the birth of the child, provided that
the court may consider in its determination all
relevant circumstances, including the financial
condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than 6 months after birth, has
maintained substantial and continuous or repeated
contact with the child as manifested by: (I) the
payment by the father toward the support of the
child of a fair and reasonable sum, according to the
father's means, and either (II) the father's
visiting the child at least monthly when physically
and financially able to do so and not prevented from
doing so by the person or authorized agency having
lawful custody of the child, or (III) the father's
regular communication with the child or with the
person or agency having the care or custody of the
child, when physically and financially unable to
visit the child or prevented from doing so by the
person or authorized agency having lawful custody of
the child. The subjective intent of the father,
whether expressed or otherwise unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a
determination that the father failed to maintain
substantial and continuous or repeated contact with
the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with Putative
Father Registry, as provided in Section 12.1 of this
Act, and prior to the expiration of 30 days from the
date of such registration, commenced legal
proceedings to establish paternity under the
Illinois Parentage Act of 1984 or under the law of
the jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child,
if there is no surviving parent; or
(3) An agency, if the child has been surrendered
for adoption to such agency; or
(4) Any person or agency having legal custody of a
child by court order if the parental rights of the
parents have been judicially terminated, and the court
having jurisdiction of the guardianship of the child has
authorized the consent to the adoption; or
(5) The execution and verification of the petition
by any petitioner who is also a parent of the child
sought to be adopted shall be sufficient evidence of such
parent's consent to the adoption.
(c) Where surrenders to an agency are required in the
case of a placement for adoption of a minor child by an
agency, the surrenders of the following persons shall be
sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father: ;
(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant to
subsection (a) of Section 5 of the Illinois
Parentage Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's biological
mother, or both, and held himself out to be the
child's biological father during the first 30 days
following the birth of a child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth,
made a good faith effort to pay a reasonable amount
of the expenses related to the birth of the child
and to provide a reasonable amount for the financial
support of the child before the expiration of 30
days following the birth of the child, provided that
the court may consider in its determination all
relevant circumstances, including the financial
condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than six months after birth,
has maintained substantial and continuous or
repeated contact with the child as manifested by:
(I) the payment by the father toward the support of
the child of a fair and reasonable sum, according to
the father's means, and either (II) the father's
visiting the child at least monthly when physically
and financially able to do so and not prevented from
doing so by the person or authorized agency having
lawful custody of the child or (III) the father's
regular communication with the child or with the
person or agency having the care or custody of the
child, when physically and financially unable to
visit the child or prevented from doing so by the
person or authorized agency having lawful custody of
the child. The subjective intent of the father,
whether expressed or otherwise, unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a
determination that the father failed to maintain
substantial and continuous or repeated contact with
the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with the Putative
Father Registry, as provided in Section 12.1 of this
Act, and prior to the expiration of 30 days from the
date of such registration, commenced legal
proceedings to establish paternity under the
Illinois Parentage Act of 1984, or under the law of
the jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)(1)
and (c)(1), no showing shall be required of diligent efforts
by a person or agency to encourage the father to perform the
acts specified therein.
(e) In the case of the adoption of an adult, only the
consent of such adult shall be required.
(Source: P.A. 89-315, eff. 1-1-96; 89-641, eff. 8-9-96;
90-15, eff. 6-13-97; revised 10-31-98.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the adoption of a
born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child.
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such
child. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
this .... day of ...., 19....
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child, and that I have not previously executed a consent
or surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written
notice of my revocation not later than 72 hours after the
birth of the child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind
and revoke or cancel this consent or obtain or recover
custody or any other rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
C. The form of surrender to any agency given by a parent
of a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such
other facts and statements as the particular agency shall
require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
D. The form of surrender to an agency given by a parent
of an unborn child who is to be subsequently placed for
adoption shall be substantially as follows and shall contain
such other facts and statements as the particular agency
shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect
to such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment, including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child, except that I have the right to
revoke this surrender by giving written notice of my
revocation not later than 72 hours after the birth of such
child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of
such adult by .... and .....
Dated (insert date). this .... day of .......... 19
.........................
F. The form of consent required for the adoption of a
child of the age of 14 years or upwards, or of an adult, to
be given by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree
to my adoption by .... and .....
Dated (insert date). this .... day of ......., 19...
........................
G. The form of consent given by an agency to the
adoption by specified persons of a child previously
surrendered to it shall set forth that the agency has the
authority to execute such consent. The form of consent given
by a guardian of the person of a child sought to be adopted,
appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to
be filed or before any other judge or hearing officer
designated or subsequently approved by the court, or the
circuit clerk if so authorized by the presiding judge or,
except as otherwise provided in this Act, before a
representative of the Department of Children and Family
Services or a licensed child welfare agency, or before social
service personnel under the jurisdiction of a court of
competent jurisdiction, or before social service personnel of
the Cook County Department of Supportive Services designated
by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or
other document, before a judge or hearing officer or the
clerk of any court of record, either in this State or any
other state of the United States, or before a representative
of an agency or before any other person designated or
approved by the presiding judge of the court in which the
petition for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated (insert date). 19
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk
of a court of record, such other person shall have his
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in
the State of ......, certify that ...., personally known to
me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgment, appeared before me
in person and acknowledged that (she) (he) signed such
certificate as (her) (his) free and voluntary act and that
the statements made in the certificate are true.
Dated (insert date). ......... 19...
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and
acknowledged in another state.
L. A surrender or consent executed and acknowledged
outside of this State, either in accordance with the law of
this State or in accordance with the law of the place where
executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
N. If the person signing a consent or surrender is in
the military service of the United States, the execution of
such consent or surrender may be acknowledged before a
commissioned officer and the signature of such officer on
such certificate shall be verified or acknowledged before a
notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose
interests a petition under Section 2-13 of the Juvenile Court
Act of 1987 is pending may, with the approval of the
designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified
person or persons:
(a) in whose physical custody the child has resided
for at least one year; or
(b) in whose physical custody at least one sibling
of the child who is the subject of this consent has
resided for at least one year, and the child who is the
subject of this consent is currently residing in this
foster home; or
(c) in whose physical custody a child under one
year of age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it
is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of
child) was born on (insert date) ............, ...... at
.................... Hospital in ................ County,
State of .............. .
2. I reside at ......................, County of
............. and State of ............. .
3. I, ..........................., am .... years
old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand
that by signing this consent I irrevocably and
permanently give up all parental rights I have to my
child if my child is adopted by
............................. (specified person or
persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if
............................ (specified person or
persons) adopt my child.
8. I understand that this consent to adoption is
valid only if the petition to adopt is filed within one
year from the date that I sign it and that if
....................... (specified person or persons),
for any reason, cannot or will not file a petition to
adopt my child within that one year period or if their
adoption petition is denied, then this consent will be
void. I have the right to notice of any other proceeding
that could affect my parental rights, except for the
proceeding for ............. (specified person or
persons) to adopt my child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date). this ..... day of .....,
.......
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs
in substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my
child if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and
revoke this consent or obtain or recover custody over my
child if the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final
and Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent
as (her)(his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt
the child or if the adoption petition is denied, then this
consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she)(he)
has stated that such is (her)(his) intention and desire.
Dated (insert date). ............., ........
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that
specified person or persons adopt the child. The consent
shall be void if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the
adoption, or in the best interests of the child should
not adopt the child.
Within 30 days of the consent becoming void, the
Department of Children and Family Services Guardianship
Administrator shall make good faith attempts to notify the
parent in writing and shall give written notice to the court
and all additional parties in writing that the adoption has
not occurred or will not occur and that the consent is void.
If the adoption by a specified person or persons does not
occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act
or subsection (4) of Section 2-13 of the Juvenile Court Act
of 1987. The parent shall not need to take further action to
revoke the consent if the specified adoption does not occur,
notwithstanding the provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data
shall include the number of specific consents executed and
their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of
children for whom adoptions are not completed, and the reason
or reasons why the adoptions are not completed.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
revised 10-20-98.)
(750 ILCS 50/11) (from Ch. 40, par. 1513)
Sec. 11. Consents, surrenders, irrevocability.
(a) A consent to adoption by a parent, including a
minor, executed and acknowledged in accordance with the
provisions of Section 8 of this Act, or a surrender of a
child by a parent, including a minor, to an agency for the
purpose of adoption shall be irrevocable unless it shall have
been obtained by fraud or duress on the part of the person
before whom such consent, surrender, or other document
equivalent to a surrender is acknowledged pursuant to the
provisions of Section 10 of this Act or on the part of the
adopting parents or their agents and a court of competent
jurisdiction shall so find. No action to void or revoke a
consent to or surrender for adoption, including an action
based on fraud or duress, may be commenced after 12 months
from the date the consent or surrender was executed. The
consent or surrender of a parent who is a minor shall not be
voidable because of such minority.
(b) The petitioners in an adoption proceeding are
entitled to rely upon a sworn statement of the biological
mother of the child to be adopted identifying the father of
her child. The affidavit shall be conclusive evidence as to
the biological mother regarding the facts stated therein, and
shall create a rebuttable presumption of truth as to the
biological father only. Except as provided in Section 11 of
this Act, the biological mother of the child shall be
permanently barred from attacking the proceeding thereafter.
The biological mother shall execute such affidavit in writing
and under oath. The affidavit shall be executed by the
biological mother before or at the time of execution of the
consent or surrender, and shall be retained by the court and
be a part of the Court's files. The form of affidavit shall
be substantially as follows:
AFFIDAVIT OF IDENTIFICATION
I, ................., the mother of a (male or female)
child, state under oath or affirm as follows:
(1) That the child was born, or is expected to be born,
on (insert date), the ... day of ..........., 199.., at
......................., in the State of ...................
(2) That I reside at .................., in the City or
Village of ..........., State of ...................
(3) That I am of the age of ....... years.
(4) That I acknowledge that I have been asked to
identify the father of my child.
(5) (CHECK ONE)
.... I know and am identifying the biological father.
.... I do not know the identity of the biological father.
.... I am unwilling to identify the biological father.
(6A) If I know and am identifying the father:
That the name of the biological father is
....................; his last known home address is
............; his last known work address is
....................; and he is ..... years of age; or he is
deceased, having died on (insert date) the ...... day of
............, 19...., at .............., in the State of
..................
(6B) If I do not know the identity of the biological
father:
I do not know who the biological father is; the following
is an explanation of why I am unable to identify him:
.............................................................
.............................................................
.............................................................
(6C) If I am unwilling to identify the biological
father:
I do not wish to name the biological father of the child
for the following reasons:
.............................................................
.............................................................
.............................................................
(7) The physical description of the biological father
is: .........................................................
.............................................................
.............................................................
(8) I reaffirm that the information contained in
paragraphs 5, 6, and 7, inclusive, is true and correct.
(9) I have been informed and understand that if I am
unwilling, refuse to identify, or misidentify the biological
father of the child, absent fraud or duress, I am permanently
barred from attacking the proceedings for the adoption of the
child at any time after I sign a final and irrevocable
consent to adoption or surrender for purposes of adoption.
(10) I have read this Affidavit and have had the
opportunity to review and question it; it was explained to me
by ............................; and I am signing it as my
free and voluntary act and understand the contents and the
results of signing it.
Dated (insert date). this... day of ...................,
199...
...................................
Signature
Under penalties as provided by law under Section 1-109 of
the Code of Civil Procedure, the undersigned certifies that
the statements set forth in this Affidavit are true and
correct.
...................................
Signature
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
revised 10-20-98.)
(750 ILCS 50/12a) (from Ch. 40, par. 1515)
Sec. 12a. Notice to putative father.
1. Upon the written request to any Clerk of any Circuit
Court, and upon the payment of a filing fee of $10.00, by any
interested party, including persons intending to adopt a
child, a child welfare agency with whom the mother has placed
or has given written notice of her intention to place a child
for adoption, the mother of a child, or any attorney
representing an interested party, a notice, the declaration
of paternity and the disclaimer of paternity may be served on
a putative father in the same manner as Summons is served in
other civil proceedings, or, in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall pay to the
Clerk of the Court a mailing fee of $2 plus the cost of
U. S. postage for certified or registered mail and
furnish to the Clerk an original and one copy of a
notice, the declaration of paternity and the disclaimer
of paternity together with an Affidavit setting forth the
putative father's last known address. The original
notice, the declaration of paternity and the disclaimer
of paternity shall be retained by the Clerk.
(b) The Clerk shall forthwith mail to the putative
father, at the address appearing in the Affidavit, the
copy of the notice, the declaration of paternity and the
disclaimer of paternity, by certified mail, return
receipt requested; the envelope and return receipt shall
bear the return address of the Clerk. The receipt for
certified mail shall state the name and address of the
addressee, and the date of mailing, and shall be attached
to the original notice.
(c) The return receipt, when returned to the Clerk,
shall be attached to the original notice, the declaration
of paternity and the disclaimer of paternity, and shall
constitute proof of service.
(d) The Clerk shall note the fact of service in a
permanent record.
2. The notice shall be signed by the Clerk, and may be
served on the putative father at any time after conception,
and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born on
the ..... day of ....., 19.., (or expected to be born on or
about (insert date). the ..... day of ....., 19...)
The mother of the child is.....
The mother has indicated that she intends to place the
child for adoption.
As the alleged father of the child, you have certain
legal rights with respect to the child, including the right
to notice of the filing of proceedings instituted for the
adoption of the child. If you wish to retain your rights with
respect to the child, you must file with the Clerk of this
Circuit Court of .... County, Illinois, whose address is
...., Illinois, within 30 days after the date of receipt of
this notice, the declaration of paternity enclosed herewith
stating that you are, in fact, the father of the child and
that you intend to retain your legal rights with respect to
the child, or request to be notified of any further
proceedings with respect to custody or adoption of the child.
If you do not file such a declaration of paternity, or a
request for notice, then whatever legal rights you have with
respect to the child, including the right to notice of any
future proceedings for the adoption of the child, may be
terminated without any further notice to you. When your legal
rights with respect to the child are so terminated, you will
not be entitled to notice of any proceeding instituted for
the adoption of the child.
If you are not the father of the child, you may file with
the Clerk of this Court the disclaimer of paternity enclosed
herewith which will be noted in the Clerk's file and you will
receive no further notice with respect to the child."
The declaration of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No. )
)
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
I, ........., state as follows:
(1) That I am ......... years of age; and I reside at
......... in the County of ........., State of .........
(2) That I have been advised that ........ is the mother
of a ...male child named ........ born or expected to be born
on or about ......... and that such mother has stated that I
am the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to
consent to the adoption of this child. I do not consent to
the adoption of this child, and I understand that I must
return this initial declaration of parentage form to the
Clerk of the Circuit Court of ....... County, located at
........., within 30 days of receipt of this notice.
(5) I further understand that I am also obligated to
establish my paternity pursuant to the Parentage Act of 1984
within 30 days of my receiving this notice or, if the child
is not yet born, within 30 days after the birth of the child.
This proceeding is separate and distinct from the above
mailing of initial declaration of paternity; in this second
notice, I must state that I am, in fact, the father of said
child, and that I intend to retain my legal rights with
respect to said child, and request to be notified of any
further proceedings with respect to custody or adoption of
the child.
(6) I hereby enter my appearance in the above entitled
cause.
OATH
I have been duly sworn and I say under oath that I have
read and understand this Declaration of Paternity With Entry
of Appearance. The facts that it contains are true and
correct to the best of my knowledge, and I understand that by
signing this document I admit my paternity. I have signed
this document as my free and voluntary act.
...........
(signature)
Dated (insert date). this ........ day of ......, 19....
Signed and sworn before me on (insert date).
this ...... day of....., 19.....
................
(notary public)".
The disclaimer of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No. )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the
mother of a .....male child named ..... born or expected to
be born on or about ..... and that such mother has stated
that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies and defenses that I may now or in the future have as
a result of the mother's allegation of the paternity of this
child. This consent is being given in order to facilitate
the adoption of the child and so that the court may terminate
what rights I may have to the child as a result of being
named the father by the mother. This consent is not in any
manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have
read and understood this Denial of Paternity With Entry of
Appearance and Consent to Adoption. The facts it contains are
true and correct to the best of my knowledge, and I
understand that by signing this document I have not admitted
paternity. I have signed this document as my free and
voluntary act in order to facilitate the adoption of the
child.
...........
(signature)
Dated (insert date). this ..... day of ....., 19...
Signed and sworn before me on (insert date).
this ..... day of ....., 19...
.................
(notary public)".
The names of adoptive parents shall not be included in
the notice.
3. If the putative father files a disclaimer of
paternity, he shall be deemed not to be the father of the
child with respect to any adoption or other proceeding held
to terminate the rights of parents as respects such child.
4. In the event the putative father does not file a
declaration of paternity of the child or request for notice
within 30 days of service of the above notice, he need not be
made a party to or given notice of any proceeding brought for
the adoption of the child. An Order or judgment may be
entered in such proceeding terminating all of his rights with
respect to the child without further notice to him.
5. If the putative father files a declaration of
paternity or a request for notice in accordance with
subsection 2, with respect to the child, he shall be given
notice in event any proceeding is brought for the adoption of
the child.
6. The Clerk shall maintain separate numbered files and
records of requests and proofs of service and all other
documents filed pursuant to this article. All such records
shall be impounded.
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
revised 10-20-98.)
(750 ILCS 50/17) (from Ch. 40, par. 1521)
Sec. 17. Effect of order terminating parental rights or
Judgment of Adoption.) After either the entry either of an
order terminating parental rights or the entry of a judgment
of adoption, the natural parents of a child sought to be
adopted shall be relieved of all parental responsibility for
such child and shall be deprived of all legal rights as
respects the child, and the child shall be free from all
obligations of maintenance and obedience as respects such
natural parents.
(Source: P.A. 84-452; revised 10-31-98.)
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The form of the Biological Parent Registration
Identification Form shall be substantially as follows:
BIOLOGICAL PARENT IDENTIFICATION
(Insert all known information)
I, ....., state that I am the ...... (mother or father) of
the following child:
Child's original name: ..... (first) ..... (middle) .....
(last), ..... (hour of birth), ..... (date of
birth), ..... (city and state of birth), ..... (name
of hospital).
Father's full name: ...... (first) ...... (middle) .....
(last), ..... (date of birth), ..... (city and state
of birth).
Name of mother inserted on birth certificate: .....
(first) ..... (middle) ..... (last), ..... (race),
..... (date of birth), ...... (city and state of
birth).
That I surrendered my child to: ............. (name of
agency), ..... (city and state of agency), .....
(approximate date child surrendered).
That I gave up my child by private adoption: ..... (date),
...... (city and state).
Name of adoptive parents, if known: ......
Other identifying information: .....
........................
(Signature of parent)
............ ........................
(date) (printed name of parent)
(b) The form of Adoptee Registration Identification
shall be substantially as follows:
ADOPTEE REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adoptee's present name: ..... (first) ..... (middle)
..... (last).
Adoptee's name at birth (if known): ..... (first) .....
(middle) ..... (last), ..... (birth date), .....
(city and state of birth), ...... (sex), .....
(race).
Name of adoptive father: ..... (first) ..... (middle)
..... (last), ..... (race).
Maiden name of adoptive mother: ..... (first) .....
(middle) ..... (last), ..... (race).
Name of biological mother (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name of biological father (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name(s) at birth of sibling(s) having a common biological
parent with adoptee (if known): ..... (first) .....
(middle) ..... (last), ..... (race), and name of
common biological parent: ..... (first) .....
(middle) ..... (last), ..... (race).
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I was adopted in ..... (city and state), ..... (approximate
date).
Other identifying information: .............
......................
(signature of adoptee)
........... .........................
(date) (printed name of adoptee)
(c) The form of Surrendered Child Registration
Identification shall be substantially as follows:
SURRENDERED CHILD REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Child's present name: ..... (first) .....
(middle) ..... (last).
Surrendered Child's name at birth (if known): .....
(first) ..... (middle) ..... (last), .....(birth
date), ..... (city and state of birth), ......
(sex), ..... (race).
Name of guardian father: ..... (first) ..... (middle)
..... (last), ..... (race).
Maiden name of guardian mother: ..... (first) .....
(middle) ..... (last), ..... (race).
Name of biological mother (if known): ..... (first) .....
(middle) ..... (last) ..... (race).
Name of biological father (if known): ..... (first) .....
(middle) ..... (last), .....(race).
Name(s) at birth of sibling(s) having a common biological
parent with adoptee (if known): ..... (first) .....
(middle) ..... (last), ..... (race), and name of
common biological parent: ..... (first) .....
(middle) ..... (last), ..... (race).
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in ..... (city and state),
..... (approximate date).
Other identifying information: ............
................................
(signature of surrendered child)
............ ......................
(date) (printed name of child
surrendered for adoption)
(d) The form of Information Exchange Authorization shall
be substantially as follows:
INFORMATION EXCHANGE AUTHORIZATION
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of .....
years; that I hereby authorize the Department of Public
Health to give to my (biological parent) (biological sibling)
(child) the necessary information so I can be contacted; that
I am fully aware that I can only be supplied with the name
and last known address of my (biological parent) (biological
sibling) (child) if such person has duly executed an
Information Exchange Authorization which has not been
revoked; that I can be contacted by writing to: ..... (own
name or name of person to contact) (address) (phone number).
Dated (insert date). this ..... day of ....., 19...
............ ..............
(witness) (signature)
(e) The form of Denial of Information Exchange shall be
substantially as follows:
DENIAL OF INFORMATION EXCHANGE
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of .....
years; that I hereby instruct the Department of Public Health
not to give any identifying information about me to my
(biological parent) (biological sibling) (child); that I do
not wish to be contacted.
Dated (insert date). this .... day of ......, 19...
............. ...............
(witness) (signature)
(f) The Information Exchange Authorization and the
Denial of Information Exchange shall be acknowledged by the
biological parent, biological sibling, adoptee or surrendered
child before a notary public, in form substantially as
follows:
State of ..............
County of .............
I, a Notary Public, in and for the said County, in the
State aforesaid, do hereby certify that ...............
personally known to me to be the same person whose name is
subscribed to the foregoing certificate of acknowledgement,
appeared before me in person and acknowledged that (he or
she) signed such certificate as (his or her) free and
voluntary act and that the statements in such certificate are
true.
Given under my hand and notarial seal on (insert date).
this ....... day of .........., 19...
.........................
(signature)
(g) When the execution of an Information Exchange
Authorization or a Denial of Information Exchange is
acknowledged before a representative of an agency, such
representative shall have his signature on said Certificate
acknowledged before a notary public, in form substantially as
follows:
State of..........
County of.........
I, a Notary Public, in and for the said County, in the
State aforesaid, do hereby certify that ..... personally
known to me to be the same person whose name is subscribed to
the foregoing certificate of acknowledgement, appeared before
me in person and acknowledged that (he or she) signed such
certificate as (his or her) free and voluntary act and that
the statements in such certificate are true.
Given under my hand and notarial seal on (insert date).
this ..... day of ........., 19...
.......................
(signature)
(h) Where an Information Exchange Authorization or a
Denial of Information Exchange is signed in a foreign
country, the execution of such document shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
(i) If the person signing an Information Exchange
Authorization or a Denial of Information is in the military
service of the United States, the execution of such document
may be acknowledged before a commissioned officer and the
signature of such officer on such certificate shall be
verified or acknowledged before a notary public or by such
other procedure as is then in effect for such division or
branch of the armed forces.
(Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other
provision of this Act, any adoptee over the age of 18 or any
adoptive parent or legal guardian of an adoptee under the age
of 18 may petition the court for appointment of a
confidential intermediary as provided in this Section for the
purpose of obtaining from one or both biological parents or a
sibling or siblings of the adoptee information concerning the
background of a psychological or genetically-based medical
problem experienced or which may be expected to be
experienced in the future by the adoptee or obtaining
assistance in treating such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if
the petitioner shows the following:
(1) the adoptee is suffering or may be expected to
suffer in the future from a life-threatening or
substantially incapacitating physical illness of any
nature, or a psychological disturbance which is
substantially incapacitating but not life-threatening, or
a mental illness which, in the opinion of a physician
licensed to practice medicine in all its branches, is or
could be genetically based to a significant degree;
(2) the treatment of the adoptee, in the opinion of
a physician licensed to practice medicine in all of its
branches, would be materially assisted by information
obtainable from the biological parents or might benefit
from the provision of organs or other bodily tissues,
materials, or fluids by the biological parents or other
close biological relatives; and
(3) there is neither an Information Exchange
Authorization nor a Denial of Information Exchange filed
in the Registry as provided in Section 18.1.
The affidavit or testimony of the treating physician
shall be conclusive on the issue of the utility of contact
with the biological parents unless the court finds that the
relationship between the illness to be treated and the
alleged need for contact is totally without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment
of the intermediary's fees and expenses in advance, unless
the intermediary waives the right to full advance payment or
to any reimbursement at all.
(d) Eligibility of intermediary. The court may appoint
as confidential intermediary either an employee of the
Illinois Department of Children and Family Services
designated by the Department to serve as such, any other
person certified by the Department as qualified to serve as a
confidential intermediary, or any employee of a licensed
child welfare agency certified by the agency as qualified to
serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law,
the confidential intermediary shall have access to all
records of the court or any agency, public or private, which
relate to the adoption or the identity and location of any
biological parent.
(f) Purposes of contact. The confidential intermediary
has only the following powers and duties:
(1) To contact one or both biological parents,
inform the parent or parents of the basic medical problem
of the adoptee and the nature of the information or
assistance sought from the biological parent, and inform
the parent or parents of the following options:
(A) The biological parent may totally reject
the request for assistance or information, or both,
and no disclosure of identity or location shall be
made to the petitioner.
(B) The biological parent may file an
Information Exchange Authorization as provided in
Section 18.1. The confidential intermediary shall
explain to the biological parent the consequences of
such a filing, including that the biological
parent's identity will be available for discovery by
the adoptee. If the biological parent agrees to this
option, the confidential intermediary shall supply
the parent with the appropriate forms, shall be
responsible for their immediate filing with the
Registry, and shall inform the petitioner of their
filing.
(C) If the biological parent wishes to provide
the information or assistance sought but does not
wish his or her identity disclosed, the confidential
intermediary shall arrange for the disclosure of the
information or the provision of assistance in as
confidential a manner as possible so as to protect
the privacy of the biological parent and minimize
the likelihood of disclosure of the biological
parent's identity.
(2) If a biological parent so desires, to arrange
for a confidential communication with the treating
physician to discuss the need for the requested
information or assistance.
(3) If a biological parent agrees to provide the
information or assistance sought but wishes to maintain
his or her privacy, to arrange for the provision of the
information or assistance to the physician in as
confidential a manner as possible so as to protect the
privacy of the biological parent and minimize the
likelihood of disclosure of the biological parent's
identity.
(g) Oath. The confidential intermediary shall sign an
oath of confidentiality substantially as follows:
"I, .........., being duly sworn, on oath depose and
say: As a condition of appointment as a confidential
intermediary, I affirm that:
(1) I will not disclose to the petitioner, directly
or indirectly, any information about the identity or
location of the biological parent whose assistance is
being sought for medical reasons except in a manner
consistent with the law.
(2) I recognize that violation of this oath
subjects me to civil liability and to being found in
contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public,
on (insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly
discloses information identifying a biological parent
shall be liable to the biological parent for damages and
may also be found in contempt of court.
(2) Any physician or other person who learns a
biological parent's identity, directly or indirectly,
through the use of procedures provided in this Section
and who improperly discloses information identifying the
biological parent shall be liable to the biological
parent for actual damages plus minimum punitive damages
of $10,000.
(i) Death of biological parent. Notwithstanding any
other provision of this Act, if the confidential intermediary
discovers that the person whose assistance is sought has
died, he or she shall report this fact to the court, along
with a copy of the death certificate if possible.
(Source: P.A. 86-1451; revised 10-20-98.)
Section 263. The Illinois Domestic Violence Act of 1986
is amended by changing the heading of Article IV as follows:
(750 ILCS 60/Art. IV heading)
ARTICLE IV
HEALTH CARE PROVIDERS
Section 264. The Probate Act of 1975 is amended by
changing Section 11a-3, 11a-22, 16-3, 21-2.11, and 23-2 as
follows:
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint
guardian.)
(a) Upon the filing of a petition by a reputable person
or by the alleged disabled person himself or on its own
motion, the court may adjudge a person to be a disabled
person and may appoint (1) a guardian of his person, if
because of his disability he lacks sufficient understanding
or capacity to make or communicate responsible decisions
concerning the care of his person, or (2) a guardian of his
estate,, if because of his disability he is unable to manage
his estate or financial affairs, or (3) a guardian of his
person and of his estate.
(b) Guardianship shall be utilized only as is necessary
to promote the well-being of the disabled person, to protect
him from neglect, exploitation, or abuse, and to encourage
development of his maximum self-reliance and independence.
Guardianship shall be ordered only to the extent necessitated
by the individual's actual mental, physical and adaptive
limitations.
(Source: P.A. 81-795; revised 10-31-98.)
(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
Sec. 11a-22. Trade and contracts with a disabled person.)
(a) Anyone who by trading with, bartering, gaming or any
other device, wrongfully possesses himself of any property of
a person known to be a disabled person commits a Class A
misdemeanor.
(b) Every note, bill, bond or other contract by any
person for whom a plenary guardian has been appointed or who
is adjudged to be unable to so contract is void as against
that person and his estate, but a person making a contract
with the person so adjudged is bound thereby.
(Source: P.A. 81-795; revised 10-31-98.)
(755 ILCS 5/16-3) (from Ch. 110 1/2, par. 16-3)
Sec. 16-3. Trial by jury.) Upon the demand of a party
to a proceeding under Section 16-1 or 16-2, questions of
title, claims of adverse title and the right of property
shall be determined by a jury.
(Source: P.A. 80-808; revised 10-31-98.)
(755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
Sec. 21-2.11. Life, endowment, or annuity policies.
Life, endowment, or annuity policies on the life of the ward,
or on the life of any person in whose life the ward has an
insurable interest, if the ward is the beneficiary, when the
policies are issued by companies, associations or fraternal
organizations that, at the time of investment, have been
given one of the top 4 rating grades by a nationally
recognized rating service. The order may authorize the
payment of annual premiums without further application to the
court.
(Source: P.A. 90-796, eff. 12-15-98; revised 12-30-98.)
(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
Sec. 23-2. Removal.
(a) On petition of any interested person or on the
court's own motion, the court may remove a representative for
any of the following causes. if the representative:
(1) the representative is acting under letters
secured by false pretenses;
(2) the representative is adjudged a person subject
to involuntary admission under the Mental Health and
Developmental Disabilities Code or is adjudged a disabled
person;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the
estate;
(5) the representative conducts himself or herself
in such a manner as to endanger any co-representative or
the surety on the representative's bond;
(6) the representative fails to give sufficient
bond or security, counter security or a new bond, after
being ordered by the court to do so;
(7) the representative fails to file an inventory
or accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself
so that process cannot be served upon the representative
or notice cannot be given to the representative;
(9) the representative becomes incapable of or
unsuitable for the discharge of the representative's
duties; or
(10) there is other good cause.
(b) If the representative becomes a nonresident of the
United States, the court may remove the representative as
such representative.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
revised 10-31-98.)
Section 265. The Trusts and Trustees Act is amended by
changing Section 3 as follows:
(760 ILCS 5/3) (from Ch. 17, par. 1653)
Sec. 3. Applicability.
(1) A person establishing a trust may specify in the
instrument the rights, powers, duties, limitations and
immunities applicable to the trustee, beneficiary and others
and those provisions where not otherwise contrary to law
shall control, notwithstanding this Act. The provisions of
this Act apply to the trust to the extent that they are not
inconsistent with the provisions of the instrument.
(2) This Act applies to every trust created by will,
deed, agreement, declaration or other instrument, except that
the provisions of Sections 4.01 through 4.08, Sections 4.10
through 4.12, and Sections 4.14 through 4.24 apply only to
trusts executed on or after October 1, 1973 and, with respect
to Section 17, to an order entered on or after that date, and
provided further that the provisions of this Act do not apply
to any: (a) land trust; (b) voting trust; (c) security
instrument such as a trust deed or mortgage;, (d) liquidation
trust; (e) escrow; (f) instrument under which a nominee,
custodian for property or paying or receiving agent is
appointed; or (g) a trust created by a deposit arrangement in
a banking or savings institution, commonly known as a "Totten
trust" unless in the governing instrument any of the
provisions of this Act are made applicable by specific
reference.
(3) This Act does not apply to the Grain Indemnity Trust
Account or any other trust created under the Grain Code.
(Source: P.A. 88-367; 89-287, eff. 1-1-96; 89-344, eff.
1-1-96; 89-626, eff. 8-9-96; revised 10-31-98.)
Section 266. The Conveyances Act is amended by changing
Sections 9, 10, 11, 20, and 26 as follows:
(765 ILCS 5/9) (from Ch. 30, par. 8)
Sec. 9. Deeds for the conveyance of land may be
substantially in the following form:
The grantor (here insert name or names and place of
residence), for and in consideration of (here insert
consideration), conveys and warrants to (here insert the
grantee's name or names) the following described real estate
(here insert description), situated in the County of ...., in
the State of Illinois.
Dated (insert date). , 19...
(signature of grantor or grantors)
The names of the parties shall be typed or printed below
the signatures. Such form shall have a blank space of 3 1/2
inches by 3 1/2 inches for use by the recorder. However, the
failure to comply with the requirement that the names of the
parties be typed or printed below the signatures and that the
form have a blank space of 3 1/2 inches by 3 1/2 inches for
use by the recorder shall not affect the validity and effect
of such form.
Every deed in substance in the above form, when otherwise
duly executed, shall be deemed and held a conveyance in fee
simple, to the grantee, his heirs or assigns, with covenants
on the part of the grantor, (1) that at the time of the
making and delivery of such deed he was the lawful owner of
an indefeasible estate in fee simple, in and to the premises
therein described, and had good right and full power to
convey the same; (2) that the same were then free from all
incumbrances; and (3) that he warrants to the grantee, his
heirs and assigns, the quiet and peaceable possession of such
premises, and will defend the title thereto against all
persons who may lawfully claim the same. Such covenants shall
be obligatory upon any grantor, his heirs and personal
representatives, as fully and with like effect as if written
at length in such deed.
(Source: P.A. 84-550; revised 10-20-98.)
(765 ILCS 5/10) (from Ch. 30, par. 9)
Sec. 10. Quitclaim deeds may be, in substance, in the
following form:
The grantor (here insert grantor's name or names and
place of residence), for the consideration of (here insert
consideration), convey and quit claim to (here insert
grantee's name or names) all interest in the following
described real estate (here insert description), situated in
the County of ...., in the State of Illinois.
Dated (insert date). , 19...
(signature of grantor or grantors)
The names of the parties shall be typed or printed below
the signatures. Such form shall have a blank space of 3 1/2
inches by 3 1/2 inches for use by the recorder. However, the
failure to comply with the requirement that the names of the
parties be typed or printed below the signatures and that the
form have a blank space of 3 1/2 inches by 3 1/2 inches for
use by the recorder shall not affect the validity and effect
of such form.
Every deed in substance in the form described in this
Section, when otherwise duly executed, shall be deemed and
held a good and sufficient conveyance, release and quit claim
to the grantee, his heirs and assigns, in fee of all the then
existing legal or equitable rights of the grantor, in the
premises therein described, but shall not extend to after
acquired title unless words are added expressing such
intention.
(Source: P.A. 84-550; 84-551; revised 10-20-98.)
(765 ILCS 5/11) (from Ch. 30, par. 10)
Sec. 11. Mortgages of lands may be substantially in the
following form:
The Mortgagor (here insert name or names), mortgages and
warrants to (here insert name or names of mortgagee or
mortgagees), to secure the payment of (here recite the nature
and amount of indebtedness, showing when due and the rate of
interest, and whether secured by note or otherwise), the
following described real estate (here insert description
thereof), situated in the County of ...., in the State of
Illinois.
Dated (insert date). , 19...
(signature of mortgagor or mortgagors)
The names of the parties shall be typed or printed below
the signatures. Such form shall have a blank space of 3 1/2
inches by 3 1/2 inches for use by the recorder. However, the
failure to comply with the requirement that the names of the
parties be typed or printed below the signatures and that the
form have a blank space of 3 1/2 inches by 3 1/2 inches for
use by the recorder shall not affect the validity and effect
of such form.
Such mortgage, when otherwise properly executed, shall be
deemed and held a good and sufficient mortgage in fee to
secure the payment of the moneys therein specified; and if
the same contains the words "and warrants," the same shall be
construed the same as if full covenants of ownership, good
right to convey against incumbrances of quiet enjoyment and
general warranty, as expressed in Section 9 of this Act were
fully written therein; but if the words "and warrants" are
omitted, no such covenants shall be implied. When the
grantor or grantors in such deed or mortgage for the
conveyance of any real estate desires to release or waive
his, her or their homestead rights therein, they or either of
them may release or waive the same by inserting in the form
of deed or mortgage (as the case may be), provided in
Sections 9, 10 and 11, after the words "State of Illinois,"
in substance the following words, "hereby releasing and
waiving all rights under and by virtue of the homestead
exemption laws of this State."
Mortgages securing "reverse mortgage" loans shall be
subject to this Section except where requirements concerning
the definiteness of the term and amount of indebtedness
provisions of a mortgage would be inconsistent with the Acts
authorizing "reverse mortgage" loans, or rules and
regulations promulgated under those Acts.
Mortgages securing "revolving credit" loans shall be
subject to this Section.
(Source: P.A. 84-550; revised 10-20-98.)
(765 ILCS 5/20) (from Ch. 30, par. 19)
Sec. 20. Deeds, mortgages, conveyances, releases, powers
of attorney or other writings of or relating to the sale,
conveyance or other disposition of real estate or any
interest therein whereby the rights of any person may be
affected, may be acknowledged or proven before some one of
the following courts or officers, namely:
1. When acknowledged or proven within this State, before
a notary public, United States commissioner, county clerk, or
any court or any judge, clerk or deputy clerk of such court.
When taken before a notary public or United States
commissioner, the same shall be attested by his official
seal; when taken before a court or the clerk thereof, or a
deputy clerk thereof, the same shall be attested by the seal
of such court.
2. When acknowledged or proved outside of this State and
within the United States or any of its territories or
dependencies or the District of Columbia, before a justice of
the peace, notary public, master in chancery, United States
commissioner, commissioner to take acknowledgments of deeds,
mayor of city, clerk of a county, or before any judge,
justice, clerk or deputy clerk of the supreme, circuit or
district court of the United States, or before any judge,
justice, clerk or deputy clerk, prothonotary, surrogate, or
registrar of the supreme, circuit, superior, district,
county, common pleas, probate, orphan's or surrogate's court
of any of the states, territories or dependencies of the
United States. In any dependency of the United States such
acknowledgment or proof may also be taken or made before any
commissioned officer in the military service of the United
States. When such acknowledgment or proof is made before a
notary public, United States commissioner or commissioner of
deeds, it shall be certified under his seal of office. If
taken before a mayor of a city it shall be certified under
the seal of the city; if before a clerk, deputy clerk,
prothonotary, registrar or surrogate, then under the seal of
his court; if before a justice of the peace or a master in
chancery there shall be added a certificate of the proper
clerk under the seal of his office setting forth that the
person before whom such proof or acknowledgment was made was
a justice of the peace or master in chancery at the time of
taking such acknowledgment or proof. As acknowledgment or
proof of execution of any instrument above stated, may be
made in conformity with the laws of the State, territory,
dependency or district where it is made. If any clerk of any
court of record within such state, territory, dependency or
district shall, under his signature and the seal of such
court, certify that such acknowledgment or proof was made in
conformity with the laws of such state, territory, dependency
or district, or it shall so appear by the laws of such state,
territory, dependency or district such instrument or a duly
proved or certified copy of the record of such deed, mortgage
or other instrument relating to real estate heretofore or
hereafter made and recorded in the proper county may be
admitted in evidence as in other cases involving the
admission of evidence of certified copies.
3. When acknowledged or proven outside of the United
States before any court of any republic, dominion, state,
kingdom, empire, colony, territory, or dependency having a
seal, or before any judge, justice or clerk thereof or before
any mayor or chief officer of any city or town having a seal,
or before a notary public or commissioner of deeds, or any
ambassador, minister or secretary of legation or consul of
the United States or vice consul, deputy consul, commercial
agent or consular agent of the United States in any foreign
republic, dominion, state, kingdom, empire, colony, territory
or dependency attested by his official seal or before any
officer authorized by the laws of the place where such
acknowledgment or proof is made to take acknowledgments of
conveyances of real estate or to administer oaths in proof of
the execution of conveyances of real estate. Such
acknowledgments are to be attested by the official seal, if
any, of such court or officer, and in case such
acknowledgment or proof is taken or made before a court or
officer having no official seal, a certificate shall be added
by an ambassador, minister, secretary of legation, consul,
vice consul, deputy consul, commercial agent or consular
agent of the United States residing in such republic,
dominion, state, kingdom, empire, colony, territory, or
dependency under his official seal, showing that such court
or officer was duly elected, appointed or created and acting
at the time such acknowledgment or proof was made.
4. Any person serving in or with the armed forces of the
United States, within or outside of the United States, and
the spouse or former spouse of any such person, may
acknowledge the instruments wherever located before any
commissioned officer in active service of the armed forces of
the United States with the rank of Second Lieutenant or
higher in the Army, Air Force or Marine Corps, or Ensign or
higher in the Navy or United States Coast Guard. The
instrument shall not be rendered invalid by the failure to
state therein the place of execution or acknowledgment. No
authentication of the officer's certificate of acknowledgment
shall be required and such certificate need not be attested
by any seal but the officer taking the acknowledgment shall
indorse thereon or attach thereto a certificate substantially
in the following form:
On (insert date), , 19.., the undersigned officer,
personally appeared before me, known to me (or satisfactorily
proven) to be serving in or with the armed forces of the
United States (and/or the spouse or former spouse of a person
so serving) and to be the person whose name is subscribed to
the instrument and acknowledged that .... he .... executed
the same as .... free and voluntary act for the purposes
therein contained, and the undersigned further certifies that
he is at the date of this certificate a commissioned officer
of the rank stated below and is in the active service of the
armed forces of the United States.
...............................
Signature of Officer
...............................
Rank of Officer and Command to
which attached.
5. All deeds or other instruments or copies of the
record thereof duly certified or proven which have been
acknowledged or proven prior to August 30, 1963, before
either of the courts or officers mentioned in this Act and in
the manner herein provided, shall be deemed to be good and
effectual in law and the same may be introduced in evidence
without further proof of their execution, with the same
effect as if this amendatory Act of 1963 had been in force at
the date of such acknowledgment or proof.
(Source: P.A. 84-550; revised 10-20-98.)
(765 ILCS 5/26) (from Ch. 30, par. 25)
Sec. 26. A certificate of acknowledgment, substantially
in the following form, shall be sufficient:
State of (name of state), )
) ss.
County of (name of county).)
I (here give name of officer and his official title)
certify that (name of grantor, and if acknowledged by the
spouse, his or her name, and add "his or her spouse")
personally known to me to be the same person whose name is
(or are) subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that he (she
or they) signed and delivered the instrument as his (her or
their) free and voluntary act, for the uses and purposes
therein set forth.
Dated (insert date).
19 .
(Signature of officer.).
(Seal.).
(Source: P.A. 84-1308; revised 10-20-98.)
Section 267. The Uniform Recognition of Acknowledgments
Act is amended by changing Sections 4 and 5 as follows:
(765 ILCS 30/4) (from Ch. 30, par. 224)
Sec. 4. Certificate of person taking acknowledgment. The
person taking an acknowledgment shall certify that:
(1) the person acknowledging appeared before him
and acknowledged he executed the instrument; and
(2) the person acknowledging was known to the
person taking the acknowledgment acknowledgement or that
the person taking the acknowledgment had satisfactory
evidence that the person acknowledging was the person
described in and who executed the instrument.
(Source: P.A. 76-1105; revised 10-31-98.)
(765 ILCS 30/5) (from Ch. 30, par. 225)
Sec. 5. Recognition of certificate of acknowledgment.
The form of a certificate of acknowledgment acknowledgement
used by a person whose authority is recognized under Section
2 shall be accepted in this State if:
(1) the certificate is in a form prescribed by the
laws or regulations of this State;
(2) the certificate is in a form prescribed by the
laws or regulations applicable in the place in which the
acknowledgment is taken; or
(3) the certificate contains the words
"acknowledged before me", or their substantial
equivalent.
(Source: P.A. 76-1105; revised 10-31-98.)
Section 268. The Destroyed Public Records Act is amended
by changing Sections 12 and 17 as follows:
(765 ILCS 45/12) (from Ch. 116, par. 16)
Sec. 12. It shall be the duty of the clerk of the court
in which the petition is filed, to enter, in a separate book
or books to be kept for the purpose the names of the
petitioners and defendants, the date of filing the petition,
and a description of all the lands included therein, which
record shall be at all times open to the public. All lands
in each separate town, addition, section or subdivision shall
be entered on the same page, or consecutive pages, with an
index to the book or books, showing on what page any such
separate town, addition, section or subdivision may be found.
The clerk shall also, in all cases, cause publication of
notice to be made of the filing of said petition, which
notice shall be entitled "Land Title Notice," and shall be
substantially as follows:
A. B. C. D. etc., (here giving the names of all known
defendants, if any,) and to all whom it may concern:
Take notice, that on (insert date), the .... day of ....
19.., a petition was filed by the undersigned, in the ....
court of .... County, to establish his, or her or its title
to the following described lands. (Here insert a full
description of the lands in the petition.) Now, unless you
appear on (insert date) the .... day of .... 19.., in the
court, (naming a return day at least 30 days from the first
insertion of the notice), and show cause against such
application, the allegations of the petition shall stand
admitted, and the title or interest of the petitioner will be
adjudged and established according to the prayer of the
petition, and you forever barred from disputing the same.
G.P. Attorney at Law E.F. Petitioner
The notice shall be published once a week for 3 weeks the
first insertion to be at least 30 days prior to the return
day named in such notice for appearance, and the several
publications shall be in the same newspaper in the county or
if there be no newspaper published in the county, then in a
newspaper published in one of the counties nearest thereto.
Provided, the newspaper shall be a newspaper of general
circulation, printed in the English language, and shall have
been continuously published in the county for a period of at
least 6 months.
(Source: P.A. 84-551; revised 10-20-98.)
(765 ILCS 45/17) (from Ch. 116, par. 21)
Sec. 17. Whenever any deeds or other instruments, in
writing affecting the title to any of the lands in any such
county, shall have been filed for record so short a time
before such destruction of the records, as aforesaid, that no
proof of them remains either on such records, or among the
abstracts, copies, minutes or extracts specified in Section 8
of this Act, it shall be the duty of the person or persons
having filed the same or claiming the benefit thereof, within
60 sixty days from the time this Act takes effect, to re-file
for record such deeds or other instruments or copies thereof,
or if that cannot be done, then he shall, within 60 sixty
days, make and file a petition to establish such deed or
other instrument of writing, under the provisions of this
Act. In all cases when any original deed and the record
thereof has been lost or destroyed, [it shall be lawful for
any person having] a duly certified copy of said record to
cause the same to be recorded, which record shall have the
same force and effect as now belong to the record of original
deeds.
(Source: Laws 1871-72, p. 652; revised 10-31-98.)
Section 269. The Residential Real Property Disclosure
Act is amended by changing Sections 30, 35, and 50 as
follows:
(765 ILCS 77/30)
Sec. 30. Disclosure supplement. If, prior to closing,
any seller has actual knowledge of an error, inaccuracy, or
omission in any prior disclosure document after delivery of
that disclosure document to a prospective buyer, that seller
shall supplement the prior disclosure document with a written
supplemental disclosure..
(Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)
(765 ILCS 77/35)
Sec. 35. Disclosure report form. The disclosures
required of a seller by this Act, shall be made in the
following form:
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE
PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
THE RESIDENTIAL REAL PROPERTY. THIS REPORT DOES NOT LIMIT
THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL
REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW,
SELLERS WHO DISCLOSE MATERIAL DEFECTS MAY BE UNDER A
CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT
THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE
REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF
THIS REPORT BY THE SELLER CREATES LEGAL OBLIGATIONS ON THE
SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN ATTORNEY
PRIOR TO COMPLETION OF THIS REPORT.
Property Address: ...........................................
City, State & Zip Code: .....................................
Seller's Name: ..............................................
This Report is a disclosure of certain conditions of the
residential real property listed above in compliance with the
Residential Real Property Disclosure Act. This information
is provided as of ...(month) ...(day) ...(year), and does not
reflect any changes made or occurring after that date or
information that becomes known to the seller after that date.
The disclosures herein shall not be deemed warranties of any
kind by the seller or any person representing any party in
this transaction.
In this form, "am aware" means to have actual notice or
actual knowledge without any specific investigation or
inquiry. In this form, a "material defect" means a condition
that would have a substantial adverse effect on the value of
the residential real property or that would significantly
impair the health or safety of future occupants of the
residential real property unless the seller reasonably
believes that the condition has been corrected.
The seller discloses the following information with the
knowledge that even though the statements herein are not
deemed to be warranties, prospective buyers may choose to
rely on this information in deciding whether or not and on
what terms to purchase the residential real property.
The seller represents that to the best of his or her
actual knowledge, the following statements have been
accurately noted as "yes", (correct), "no" (incorrect), or
"not applicable" to the property being sold. If the seller
indicates that the response to any statement, except number
1, is yes or not applicable, the seller shall provide an
explanation, in the additional information area of this form.
YES NO N/A
1 ...... ..... ..... Seller has occupied the property
within the last 12 months. (No
explanation is needed.)
2. ..... ..... ..... I am aware of flooding or recurring
leakage problems in the crawl
space or basement.
3. ..... ..... ..... I am aware that the property is
located in a flood plain or that I
currently have flood hazard
insurance on the property.
4. ..... ..... ..... I am aware of material defects in
the basement or foundation
(including cracks and bulges).
5. ..... ..... ..... I am aware of leaks or material
defects in the roof, ceilings, or
chimney.
6. ..... ..... ..... I am aware of material defects in
the walls or floors.
7. ..... ..... ..... I am aware of material defects in
the electrical system.
8. ..... ..... ..... I am aware of material defects in
the plumbing system (includes such
things as water heater, sump pump,
water treatment system, sprinkler
system, and swimming pool).
9. ..... ..... ..... I am aware of material defects in
the well or well equipment.
10. ..... ..... ..... I am aware of unsafe conditions in
the drinking water.
11. ..... ..... ..... I am aware of material defects in
the heating, air conditioning, or
ventilating systems.
12. ..... ..... ..... I am aware of material defects in
the fireplace or woodburning stove.
13. ..... ..... ..... I am aware of material defects in
the septic, sanitary sewer, or other
disposal system.
14. ..... ..... ..... I am aware of unsafe concentrations
of radon on the premises.
15. ..... ..... ..... I am aware of unsafe concentrations
of or unsafe conditions relating to
asbestos on the premises.
16. ..... ..... ..... I am aware of unsafe concentrations
of or unsafe conditions relating to
lead paint, lead water pipes, lead
plumbing pipes or lead in the soil
on the premises.
17. ..... ..... ..... I am aware of mine subsidence,
underground pits, settlement,
sliding, upheaval, or other earth
stability defects on the premises.
18. ..... ..... ..... I am aware of current infestations
of termites or other wood boring
insects.
19. ..... ..... ..... I am aware of a structural defect
caused by previous infestations of
termites or other wood boring
insects.
20. ..... ..... ..... I am aware of underground fuel
storage tanks on the property.
21. ..... ..... ..... I am aware of boundary or lot line
disputes.
22. ..... ..... ..... I have received notice of violation
of local, state or federal laws or
regulations relating to this
property, which violation has not
been corrected.
Note: These disclosures are not intended to cover the
common elements of a condominium, but only the actual
residential real property including limited common elements
allocated to the exclusive use thereof that form an integral
part of the condominium unit.
Note: These disclosures are intended to reflect the
current condition of the premises and do not include previous
problems, if any, that the seller reasonably believes have
been corrected.
If any of the above are marked "not applicable" or "yes",
please explain here or use additional pages, if necessary:
.............................................................
.............................................................
.............................................................
Check here if additional pages used: .....
Seller certifies that seller has prepared this statement
and certifies that the information provided is based on the
actual notice or actual knowledge of the seller without any
specific investigation or inquiry on the part of the seller.
The seller hereby authorizes any person representing any
principal in this transaction to provide a copy of this
report, and to disclose any information in the report, to any
person in connection with any actual or anticipated sale of
the property.
Seller: ............................... Date: ...............
Seller: ............................... Date: ...............
THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY
CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY
SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS
REPORT ("AS IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR
ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR
SELLER MAY WISH TO OBTAIN OR NEGOTIATE. THE FACT THAT THE
SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS
NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS
AWARE THAT HE MAY REQUEST AN INSPECTION OF THE PREMISES
PERFORMED BY A QUALIFIED PROFESSIONAL.
Prospective Buyer: .................. Date: ...... Time: ....
Prospective Buyer: .................. Date: ...... Time: ....
(Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)
(765 ILCS 77/50)
Sec. 50. Delivery of the Residential Real Property
Disclosure Report provided by this Act shall be by:
(1) personal or facsimile delivery to the
prospective buyer;
(2) depositing the report with the United States
Postal Service, postage prepaid, first class mail,
addressed to the prospective buyer at the address
provided by the prospective buyer or indicated on the
contract or other agreement;, or
(3) depositing the report with an alternative
delivery service such as Federal Express, UPS, or
Airborne, delivery charges prepaid, addressed to the
prospective buyer at the address provided by the
prospective buyer or indicated on the contract or other
agreement.
For purposes of this Act, delivery to one prospective
buyer is deemed delivery to all prospective buyers. Delivery
to an authorized individual acting on behalf of a prospective
buyer constitutes delivery to all prospective buyers.
Delivery of the report is effective upon receipt by the
prospective buyer. Receipt may be acknowledged on the
report, acknowledged in an agreement for the conveyance of
the residential real property, or shown in any other
verifiable manner.
(Source: P.A. 88-111; revised 10-31-98.)
Section 270. The Responsible Property Transfer Act of
1988 is amended by changing Section 5 as follows:
(765 ILCS 90/5) (from Ch. 30, par. 905)
Sec. 5. Form and content of Disclosure Document.
(a) The disclosure document required under Section 4 of
this Act shall consist of the following form:
ENVIRONMENTAL DISCLOSURE DOCUMENT
FOR TRANSFER OF REAL PROPERTY
-------------------------------------------------------------
For Use By County
Recorder's Office
The following information is County
provided pursuant to the Date
Responsible Property Doc. No.
Transfer Act of 1988 Vol.
Seller:....................... Page
Buyer:........................ Rec'd by:
Document No.:.................
I. PROPERTY IDENTIFICATION:
A. Address of property:.................................
Street City or Village Township
Permanent Real Estate Index No.:.....................
B. Legal Description:
Section......... Township......... Range...........
Enter or attach current legal description in
this area:
Prepared by:................ Return to:................
name name
................ ................
address address
-------------------------------------------------------------
LIABILITY DISCLOSURE
Transferors and transferees of real property are advised
that their ownership or other control of such property may
render them liable for any environmental clean-up costs
whether or not they caused or contributed to the presence of
environmental problems associated with the property.
C. Property Characteristics:
Lot Size.................. Acreage..................
Check all types of improvement and
uses that pertain to the property:
...... Apartment building (6 units or less)
...... Commercial apartment (over 6 units)
...... Store, office, commercial building
...... Industrial building
...... Farm, with buildings
...... Other (specify)
II. NATURE OF TRANSFER:
Yes No
A. (1) Is this a transfer by deed or
other instrument of conveyance? .... ....
(2) Is this a transfer by assignment
of over 25% of beneficial interest
of an Illinois land trust? .... ....
(3) A lease exceeding a term of
40 years? .... ....
(4) A mortgage or collateral
assignment of beneficial
interest? .... ....
B. (1) Identify Transferor:
........................................................
Name and Current Address of Transferor
.......................................................
Name and Address of Trustee if this is a Trust No.
transfer of beneficial interest of a land trust.
(2) Identify person who has completed this form on
behalf of the Transferor and who has knowledge of the
information contained in this form:
.......................................................
Name, Position (if any), and address Telephone No.
C. Identify Transferee:
........................................................
Name and Current Address of Transferee
III. NOTIFICATION
Under the Illinois Environmental Protection Act, owners
of real property may be held liable for costs related to the
release of hazardous substances.
1. Section 22.2(f) of the Act states in part:
"Notwithstanding any other provision or rule of law, and
subject only to the defenses set forth in subsection (j) of
this Section, the following persons shall be liable for all
costs of removal or remedial action incurred by the State of
Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel
from which there is a release or substantial threat of
release of a hazardous substance or pesticide;
(2) any person who at the time of disposal,
transport, storage or treatment of a hazardous substance
or pesticide owned or operated the facility or vessel
used for such disposal, transport, treatment or storage
from which there was a release or substantial threat of a
release of any such hazardous substance or pesticide;
(3) any person who by contract, agreement, or
otherwise has arranged with another party or entity for
transport, storage, disposal or treatment of hazardous
substances or pesticides owned, controlled or possessed
by such person at a facility owned or operated by another
party or entity from which facility there is a release or
substantial threat of a release of such hazardous
substances or pesticides; and
(4) any person who accepts or accepted any
hazardous substances or pesticides for transport to
disposal, storage or treatment facilities or sites from
which there is a release or a substantial threat of a
release of a hazardous substance or pesticide."
2. Section 4(q) of the Act states:
"The Agency shall have the authority to provide notice to
any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release
of a hazardous substance or pesticide. Such notice shall
include the identified response action and an opportunity for
such person to perform the response action."
3. Section 22.2(k) of the Act states in part:
"If any person who is liable for a release or substantial
threat of release of a hazardous substance or pesticide fails
without sufficient cause to provide removal or remedial
action upon or in accordance with a notice and request by the
Agency or upon or in accordance with any order of the Board
or any court, such person may be liable to the State for
punitive damages in an amount at least equal to, and not more
than 3 times, the amount of any costs incurred by the State
of Illinois as a result of such failure to take such removal
or remedial action. The punitive damages imposed by the
Board shall be in addition to any costs recovered from such
person pursuant to this Section and in addition to any other
penalty or relief provided by this Act or any other law."
4. Section 57.12(a) of the Act states in part:
"Notwithstanding any other provision or rule of law, the
owner or operator, or both, of an underground storage tank
shall be liable for all costs of investigation, preventive
action, corrective action and enforcement action incurred by
the State of Illinois resulting from an underground storage
tank."
5. The text of the statutes set out above is subject to
change by amendment. Persons using this form may update it
to reflect changes in the text of the statutes cited, but no
disclosure statement shall be invalid merely because it sets
forth an obsolete or superseded version of such text.
IV. ENVIRONMENTAL INFORMATION
Regulatory Information During Current Ownership
1. Has the transferor ever conducted operations on the
property which involved the generation, manufacture,
processing, transportation, treatment, storage or handling of
"hazardous substances", as defined by the Illinois
Environmental Protection Act? This question shall not be
applicable for consumer goods stored or handled by a retailer
in the same form, approximate amount, concentration and
manner as they are sold to consumers, provided that such
retailer does not engage in any commercial mixing (other than
paint mixing or tinting of consumer sized containers),
finishing, refinishing, servicing, or cleaning operations on
the property.
Yes ......
No ......
2. Has the transferor ever conducted operations on the
property which involved the processing, storage or handling
of petroleum, other than that which was associated directly
with the transferor's vehicle usage?
Yes ......
No ......
3. Has the transferor ever conducted operations on the
property which involved the generation, transportation,
storage, treatment or disposal of "hazardous or special
wastes", as defined by the federal Resource Conservation and
Recovery Act and the Illinois Environmental Protection Act?
Yes ......
No ......
4. Are there any of the following specific units
(operating or closed) at the property which are or were used
by the transferor to manage waste, hazardous wastes,
hazardous substances or petroleum?
YES NO
Landfill ...... ......
Surface Impoundment ...... ......
Land Treatment ...... ......
Waste Pile ...... ......
Incinerator ...... ......
Storage Tank (Above Ground) ...... ......
Storage Tank (Underground) ...... ......
Container Storage Area ...... ......
Injection Wells ...... ......
Wastewater Treatment Units ...... ......
Septic Tanks ...... ......
Transfer Stations ...... ......
Waste Recycling Operations ...... ......
Waste Treatment Detoxification ...... ......
Other Land Disposal Area ...... ......
If there are "YES" answers to any of the above items and
the transfer is other than a mortgage or collateral
assignment of beneficial interest, attach a site plan which
identifies the location of each unit, such site plan to be
filed with the Environmental Protection Agency along with
this disclosure document.
5. Has the transferor ever held any of the following in
regard to this real property?
a. Permits for discharges of Yes ......
wastewater to waters of the State. No ......
b. Permits for emissions to Yes ......
the atmosphere. No ......
c. Permits for any waste storage, Yes ......
waste treatment or waste disposal No ......
operation.
6. Has the transferor had any wastewater discharges
(other than sewage) to a publicly owned treatment works?
Yes ......
No ......
7. Has the transferor taken any of the following actions
relative to this property?
a. Prepared a Chemical Safety Yes ......
Contingency Plan pursuant to the No ......
Illinois Chemical Safety Act.
b. Filed an Emergency and Hazardous Yes ......
Chemical Inventory Form pursuant No ......
to the federal Emergency Planning
and Community Right-to-Know Act of
1986.
c. Filed a Toxic Chemical Release Form Yes ......
pursuant to the federal Emergency No ......
Planning and Community Right-to-
Know Act of 1986.
8. Has the transferor or any facility on the property or
the property been the subject of any of the following State
or federal governmental actions?
a. Written notification regarding Yes ......
known, suspected or alleged
contamination on or emanating No ......
from the property.
b. Filing an environmental enforcement Yes ......
case with a court or the Pollution
Control Board for which a final No ......
order or consent decree was entered.
c. If item b. was answered by checking Yes ......
Yes, then indicate whether or not
the final order or decree is still No ......
in effect for this property.
9. Environmental Releases During Transferor's Ownership
a. Has any situation occurred at this site which
resulted in a reportable "release" of any hazardous
substances or petroleum as required under State or federal
laws?
Yes ......
No .......
b. Have any hazardous substances or petroleum, which
were released, come into direct contact with the ground at
this site?
Yes ......
No ......
c. If the answers to questions (a) and (b) are Yes, have
any of the following actions or events been associated with a
release on the property?
.... Use of a cleanup contractor to remove or treat
materials including soils, pavement or other
surficial materials
.... Assignment of in-house maintenance staff to remove
or treat materials including soils, pavement or
other surficial materials
.... Designation, by the IEPA or the IEMA, of the
release as "significant" under the Illinois
Chemical Safety Act
.... Sampling and analysis of soils
.... Temporary or more long-term monitoring of
groundwater at or near the site
.... Impaired usage of an on-site or nearby water well
because of offensive characteristics of the water
.... Coping with fumes from subsurface storm drains
or inside basements, etc.
.... Signs of substances leaching out of the ground
along the base of slopes or at other low points
on or immediately adjacent to the site
10. Is the facility currently operating under a variance
granted by the Illinois Pollution Control Board?
Yes ......
No ......
11. Is there any explanation needed for clarification of
any of the above answers or responses?
.............................................................
.............................................................
.............................................................
.............................................................
B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
1. Provide the following information about the previous
owner or any entity or person the transferor leased the site
to or otherwise contracted with for the management of the
site or real property:
Name: ......................................
......................................
Type of business/ ...............................
or property usage ...............................
...............................
2. If the transferor has knowledge, indicate whether the
following existed under prior ownerships, leaseholds granted
by the transferor, other contracts for management or use of
the facilities or real property:
YES NO
Landfill ...... ......
Surface Impoundment ...... ......
Land Treatment ...... ......
Waste Pile ...... ......
Incinerator ...... ......
Storage Tank (Above Ground) ...... ......
Storage Tank (Underground) ...... ......
Container Storage Area ...... ......
Injection Wells ...... ......
Wastewater Treatment Units ...... ......
Septic Tanks ...... ......
Transfer Stations ...... ......
Waste Recycling Operations ...... ......
Waste Treatment Detoxification ...... ......
Other Land Disposal Area ...... ......
V. CERTIFICATION
A. Based on my inquiry of those persons directly
responsible for gathering the information, I certify that the
information submitted is, to the best of my knowledge and
belief, true and accurate.
............................
signature
............................
type or print name
TRANSFEROR OR TRANSFERORS
(or on behalf of Transferor)
B. This form was delivered to me with all elements
completed on (insert date).
............................ 19....
...........................
signature
...........................
type or print name
TRANSFEREE OR TRANSFEREES
(or on behalf of Transferee)
C. This form was delivered to me with all elements
completed on (insert date).
............................ 19....
...........................
signature
.............................
type or print name
LENDER
(Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
Section 271. The Mine Subsidence Disclosure Act is
amended by changing Section 2 as follows:
(765 ILCS 95/2) (from Ch. 30, par. 1002)
Sec. 2. Definitions. In this Act:
(a) "Lender" means an individual or any other entity
that advances funds secured by an a interest in real property
or secured by a collateral assignment of a beneficial
interest in an Illinois land trust holding title to real
property.
(b) "Man-made underground mine" includes without
limitation coal mines, clay mines, limestone mines, and
fluorspar mines.
(c) "Mine subsidence" means lateral or vertical ground
movement that directly damages a structure and that results
from the collapse of a man-made underground mine. Lateral or
vertical ground movement caused by earthquake, landslide,
volcanic eruption, soil conditions, soil erosion, soil
freezing and thawing, improperly compacted soil, construction
defects, roots of trees and shrubs, or collapse of storm or
sewer drains or rapid transit tunnels is not mine subsidence.
(d) "Transfer" means:
(1) a conveyance of an interest in real property by
deed or other instrument;
(2) a lease of real property if the term, when
considering all options that may be exercised, exceeds 40
years;
(3) an assignment, including transfer of the power
of direction, of more than 25% of the beneficial interest
in an Illinois land trust;
(4) a mortgage of real property; or
(5) a collateral assignment of a beneficial interest
in an Illinois land trust.
"Transfer" does not, however, include the following:
deeds or trust documents that, without additional
consideration, confirm, correct, modify, or supplement a deed
or trust document previously recorded; tax deeds; deeds or
trust documents of release of property that is security for a
debt or other obligation; deeds of partition; conveyances
occurring as a result of a foreclosure of a mortgage or other
lien on real property; easements; or conveyances of interests
in minerals, oil, or gas.
(e) "Transferee" means a buyer, mortgagee, grantee, or
lessee of real property, an assignee of a collateral
assignment of a beneficial interest in an Illinois land
trust, or an assignee of a more than 25% beneficial interest
in an Illinois land trust.
(f) "Transferor" means a seller, grantor, mortgagor, or
lessor of real property, an assignor of a collateral
assignment of the beneficial interest in an Illinois land
trust, an assignor of a more than 25% beneficial interest in
an Illinois land trust, or, in the case of a transfer by the
trustee of an Illinois land trust, the owner of the
beneficial interest in the land trust.
(g) "Undermined" means that a man-made underground mine
exists below all or part of the surface of real property.
(Source: P.A. 86-236; revised 2-24-98.)
Section 272. The Illinois Real Estate Time-Share Act is
amended by changing Section 29 as follows:
(765 ILCS 100/29) (from Ch. 30, par. 729)
Sec. 29. An exchange company shall register with the
Office of Banks and Real Estate and file a statement
containing: (1) a list of the time-share program or programs
that it he is offering time-interval exchange services for,
(2) its his principal office address and telephone number,
and (3) the name of the his responsible managing employer and
the name of the person with whom may contact is to be made.
(Source: P.A. 89-508, eff. 7-3-96; revised 10-31-98.)
Section 273. The Permanent Survey Act is amended by
changing Section 1 as follows:
(765 ILCS 215/1) (from Ch. 133, par. 11)
Sec. 1. That Whenever the owner or owners of adjacent
tracts of land shall desire to establish permanently the
lines and corners thereof between them, he, she or they may
enter [into] a written agreement to employ and abide by the
survey of some surveyor, and after said survey is completed,
a plat thereof with a description of all corners and lines
plainly marked thereon, together with the written agreement
of the parties, shall be recorded in the recorder's office of
the county where the lands are situated; and the lines and
corners of said survey so made and recorded, shall be binding
upon the parties entering into said agreement, their heirs,
successors and assigns, and shall never be changed.
(Source: Laws 1901, p. 307; revised 10-31-98.)
Section 274. The Mining Act of 1874 is amended by
changing Section 12 as follows:
(765 ILCS 505/12) (from Ch. 96 1/2, par. 162)
Sec. 12. Any person who purchases any purchase lead
mineral without keeping the book or making the entries or
returns as herein provided, or refuses shall refuse to allow
their inspection as herein provided, shall be fined for each
offense the sum of $25; and whoever violates any of the other
provisions of Section 8, 9, 10, or 11 the 4 preceding
sections, shall be fined for the first offense the sum of $5
and costs, and for every subsequent offense $10 and costs.
Of the fines collected under this Section, one-half shall go
to the informer, and the other half to the school fund of the
school district where the action is brought. The penalties
shall be recoverable by a civil action in the circuit court
of the county where the offense is committed.
(Source: P.A. 83-345; revised 10-31-98.)
Section 275. The Severed Mineral Interest Act is amended
by changing Section 10 as follows:
(765 ILCS 515/10) (from Ch. 96 1/2, par. 9210)
Sec. 10. All attorneys' fees, expenses, and court costs
incident to the proceedings authorized hereunder shall be by
paid by the lessee if a lease is executed pursuant hereto,
and by the plaintiff if for any reason no lease is executed.
Subsequent to entry of judgment, all allowable fees,
expenses, and court costs shall be paid out of funds in the
hands of the trustee or party movant.
(Source: P.A. 83-571; revised 10-31-98.)
Section 276. The Condominium Property Act is amended by
changing Section 9 as follows:
(765 ILCS 605/9) (from Ch. 30, par. 309)
Sec. 9. Sharing of expenses - Lien for nonpayment.
(a) All common expenses incurred or accrued prior to the
first conveyance of a unit shall be paid by the developer,
and during this period no common expense assessment shall be
payable to the association. It shall be the duty of each
unit owner including the developer to pay his proportionate
share of the common expenses commencing with the first
conveyance. The proportionate share shall be in the same
ratio as his percentage of ownership in the common elements
set forth in the declaration.
(b) The condominium instruments may provide that common
expenses for insurance premiums be assessed on a basis
reflecting increased charges for coverage on certain units.
(c) Budget and reserves.
(1) The board of managers shall prepare and
distribute to all unit owners a detailed proposed annual
budget, setting forth with particularity all anticipated
common expenses by category as well as all anticipated
assessments and other income. The initial budget and
common expense assessment based thereon shall be adopted
prior to the conveyance of any unit. The budget shall
also set forth each unit owner's proposed common expense
assessment.
(2) All budgets adopted by a board of managers on
or after July 1, 1990 shall provide for reasonable
reserves for capital expenditures and deferred
maintenance for repair or replacement of the common
elements. To determine the amount of reserves
appropriate for an association, the board of managers
shall take into consideration the following: (i) the
repair and replacement cost, and the estimated useful
life, of the property which the association is obligated
to maintain, including but not limited to structural and
mechanical components, surfaces of the buildings and
common elements, and energy systems and equipment; (ii)
the current and anticipated return on investment of
association funds; (iii) any independent professional
reserve study which the association may obtain; (iv) the
financial impact on unit owners, and the market value of
the condominium units, of any assessment increase needed
to fund reserves; and (v) the ability of the association
to obtain financing or refinancing.
(3) Notwithstanding the provisions of this
subsection (c), an association without a reserve
requirement in its condominium instruments may elect to
waive in whole or in part the reserve requirements of
this Section by a vote of 2/3 of the total votes of the
association. Any association having elected under this
paragraph (3) to waive the provisions of subsection (c)
may by a vote of 2/3 of the total votes of the
association elect to again be governed by the
requirements of subsection (c).
(4) In the event that an association elects to
waive all or part of the reserve requirements of this
Section, that fact must be disclosed after the meeting at
which the waiver occurs by the association in the
financial statements of the association and, highlighted
in bold print, in the response to any request of a
prospective purchaser for the information prescribed
under Section 22.1; and no member of the board of
managers or the managing agent of the association shall
be liable, and no cause of action may be brought for
damages against these parties, for the lack or inadequacy
of reserve funds in the association budget.
(d) (Blank).
(e) The condominium instruments may provide for the
assessment, in connection with expenditures for the limited
common elements, of only those units to which the limited
common elements are assigned.
(f) Payment of any assessment shall be in amounts and at
times determined by the board of managers.
(g) Lien.
(1) If any unit owner shall fail or refuse to make
any payment of the common expenses or the amount of any
unpaid fine when due, the amount thereof together with
any interest, late charges, reasonable attorney fees
incurred enforcing the covenants of the condominium
instruments, rules and regulations of the board of
managers, or any applicable statute or ordinance, and
costs of collections shall constitute a lien on the
interest of the unit owner in the property prior to all
other liens and encumbrances, recorded or unrecorded,
except only (a) taxes, special assessments and special
taxes theretofore or thereafter levied by any political
subdivision or municipal corporation of this State and
other State or federal taxes which by law are a lien on
the interest of the unit owner prior to preexisting
recorded encumbrances thereon and (b) encumbrances on the
interest of the unit owner recorded prior to the date of
such failure or refusal which by law would be a lien
thereon prior to subsequently recorded encumbrances. Any
action brought to extinguish the lien of the association
shall include the association as a party.
(2) With respect to encumbrances executed prior to
August 30, 1984 or encumbrances executed subsequent to
August 30, 1984 which are neither bonafide first
mortgages nor trust deeds and which encumbrances contain
a statement of a mailing address in the State of Illinois
where notice may be mailed to the encumbrancer
thereunder, if and whenever and as often as the manager
or board of managers shall send, by United States
certified or registered mail, return receipt requested,
to any such encumbrancer at the mailing address set forth
in the recorded encumbrance a statement of the amounts
and due dates of the unpaid common expenses with respect
to the encumbered unit, then, unless otherwise provided
in the declaration or bylaws, the prior recorded
encumbrance shall be subject to the lien of all unpaid
common expenses with respect to the unit which become due
and payable within a period of 90 days after the date of
mailing of each such notice.
(3) The purchaser of a condominium unit at a
judicial foreclosure sale, or a mortgagee who receives
title to a unit by deed in lieu of foreclosure or
judgment by common law strict foreclosure or otherwise
takes possession pursuant to court order under the
Illinois Mortgage Foreclosure Law, shall have the duty to
pay the unit's proportionate share of the common expenses
for the unit assessed from and after the first day of the
month after the date of the judicial foreclosure sale,
delivery of the deed in lieu of foreclosure, entry of a
judgment in common law strict foreclosure, or taking of
possession pursuant to such court order. Such payment
confirms the extinguishment of any lien created pursuant
to paragraph (1) or (2) of this subsection (g) by virtue
of the failure or refusal of a prior unit owner to make
payment of common expenses, where the judicial
foreclosure sale has been confirmed by order of the
court, a deed in lieu thereof has been accepted by the
lender, or a consent judgment has been entered by the
court.
(h) A lien for common expenses shall be in favor of the
members of the board of managers and their successors in
office and shall be for the benefit of all other unit owners.
Notice of the lien may be recorded by the board of managers,
or if the developer is the manager or has a majority of seats
on the board of managers and the manager or board of managers
fails to do so, any unit owner may record notice of the lien.
Upon the recording of such notice the lien may be foreclosed
by an action brought in the name of the board of managers in
the same manner as a mortgage of real property.
(i) Unless otherwise provided in the declaration, the
members of the board of managers and their successors in
office, acting on behalf of the other unit owners, shall have
the power to bid on the interest so foreclosed at the
foreclosure sale, and to acquire and hold, lease, mortgage
and convey it.
(j) Any encumbrancer may from time to time request in
writing a written statement from the manager or board of
managers setting forth the unpaid common expenses with
respect to the unit covered by his encumbrance. Unless the
request is complied with within 20 days, all unpaid common
expenses which become due prior to the date of the making of
such request shall be subordinate to the lien of the
encumbrance. Any encumbrancer holding a lien on a unit may
pay any unpaid common expenses payable with respect to the
unit, and upon payment the encumbrancer shall have a lien on
the unit for the amounts paid at the same rank as the lien of
his encumbrance.
(k) Nothing in Public Act 83-1271 is intended to change
the lien priorities of any encumbrance created prior to
August 30, 1984.
(Source: P.A. 87-692; 87-746; 87-895; 88-417; revised
10-31-98.)
Section 277. The Mortgage Insurance Limitation and
Notification Act is amended by changing Section 20 as
follows:
(765 ILCS 930/20)
Sec. 20. Annual notification statement. After July 1,
1998, in addition to the transaction disclosure requirement
set forth in Section 15 10 and within 30 days after the end
of the calendar year, the mortgagee shall inform the
mortgagor in writing of the procedure to cancel the private
mortgage insurance together with the telephone number and
address. The annual statement required by this Section may
be printed on or included with any other annual statement
that is required by any federal or State law to be made by
the mortgagee to the mortgagor.
Nothing contained in this Section shall prevent a
mortgagee from waiving any or all of the conditions of its
cancellation policy in effect when the mortgage loan is
originated or from modifying its cancellation policy
applicable to a particular mortgage loan from time to time,
upon the written approval of the mortgagor. If a
cancellation policy is modified, the mortgagor shall be
notified within 30 days of material changes to the policy.
(Source: P.A. 90-455, eff. 7-1-98; revised 1-12-99.)
Section 278. The Uniform Disposition of Unclaimed
Property Act is amended by changing Section 8.1 as follows:
(765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
Sec. 8.1. Property held by governments.
(a) All tangible personal property or intangible
personal property and all debts owed or entrusted funds or
other property held by any federal, state or local government
or governmental subdivision, agency, entity, officer or
appointee thereof, shall be presumed abandoned if the
property has remained unclaimed for 7 years.
(b) This Section applies to all abandoned property held
by any federal, state or local government or governmental
subdivision, agency, entity, officer or appointee thereof, on
the effective date of this amendatory Act of 1991 or at any
time thereafter, regardless of when the property became or
becomes presumptively abandoned.
(Source: P.A. 90-167, eff. 7-23-97; revised 2-26-98.)
Section 279. The Trademark Registration and Protection
Act is amended by changing Section 45 as follows:
(765 ILCS 1036/45)
Sec. 45. Cancellation. The Secretary shall cancel from
the register, in whole or in part:
(a) any registration concerning which the Secretary
shall receive a voluntary request for cancellation
thereof from the registrant or the assignee of record;
(b) all registrations granted under this Act and
not renewed in accordance with this Act;
(c) any registration concerning which the circuit
court shall find:
(1) that the registered mark has been
abandoned,
(2) that the registrant is not the owner of
the mark,
(3) that the registration was granted
improperly,
(4) that the registration was obtained
fraudulently,
(5) that the mark is or has become the generic
name for the goods or services, or a portion
thereof, for which it has been registered, or
(6) that the registered mark is so similar, as
to be likely to cause confusion or mistake or to
deceive, to a mark registered by another person in
the United States Patent and Trademark Office prior
to the date of the filing of the application for
registration by the registrant hereunder, and not
abandoned; however, should the registrant prove that
the registrant is the owner of a concurrent
registration of a mark in the United States Patent
and Trademark Office covering an area including this
State, the registration hereunder shall not be
cancelled for such area of the State; or
(d) a registration when the circuit court shall
order its cancellation of a registration on any ground.
The clerk of the court ordering the cancellation or
making any of the findings specified in subdivision (c)(3)
shall, when such judgment becomes final, transmit a certified
copy of the judgment to the Secretary of State.
(Source: P.A. 90-231, eff. 1-1-98; revised 10-31-98.)
Section 280. The Commercial Real Estate Broker Lien Act
is amended by changing Section 10 as follows:
(770 ILCS 15/10) (from Ch. 82, par. 660)
Sec. 10. Broker's lien.
(a) Any broker shall have a lien, upon commercial real
estate or any interest in that commercial real estate, in the
amount that the broker is due:
(1) under a written instrument signed by the owner
of an interest in the commercial real estate or the
owner's duly authorized agent; or
(2) (blank); or
(3) under a written instrument signed by a
prospective buyer or prospective tenant or their
respective duly authorized agent as to the purchase,
lease, or other conveyance to the buyer or tenant of an
interest in the commercial real estate.
The lien shall be available to the broker named in the
instrument signed by the owner, buyer, or tenant and not to
an employee or independent contractor of the broker.
(b) The lien under this Act shall attach to the
commercial real estate, or any interest in the commercial
real estate, upon:
(1) the broker being otherwise entitled to a fee or
commission under a written instrument signed by the
owner, buyer, tenant, or their respective duly authorized
agent, as applicable; and
(2) except as provided in subsection (c), (d), or
(e) the broker recording a notice of lien in the
Recorder's Office, or the Office of the Registrar of
Titles, of the county in which the commercial real estate
is located prior to the actual conveyance or transfer of
the commercial real estate against which the broker is
claiming a lien. The lien shall attach as of the date of
the recording of the notice of lien and does not relate
back to the date of the written agreement.
(c) Except as provided in subsection (d), when payment
to a broker is due in installments, a portion of which is due
only after the conveyance or transfer of the commercial real
estate, any claim for lien for those payments due after the
transfer or conveyance may be recorded at any time subsequent
to the transfer or conveyance of the commercial real estate
and prior to the date on which the payment is due but shall
only be effective as a lien against the commercial real
estate to the extent monies are still owed to the transferor
by the transferee. A single claim for lien recorded prior to
transfer or conveyance of the commercial real estate claiming
all monies due under an installment payment agreement shall
not be valid or enforceable as it pertains to payments due
after the transfer or conveyance. The lien shall attach as
of the recording of the notice of lien and not relate back to
the date of the written agreement.
(d) In the case of a lease the claim for lien must be
recorded within 90 days after the tenant takes possession of
the leased premises unless written notice of the intended
signing of the lease is personally served on the broker
entitled to claim a lien at least 10 days prior to the date
of the intended signing of the lease in which case the claim
for lien must be recorded before the date indicated for the
signing of the lease in the notice served on the broker. The
lien shall attach as of the recording of the notice of lien
and not relate back to the date of the written agreement.
(e) If a broker has a written agreement with a
prospective buyer or tenant as provided for in paragraph (3)
of subsection (a) of this Section, then the lien shall attach
upon the prospective buyer or tenant purchasing, leasing, or
otherwise accepting a conveyance or transfer of the
commercial real estate and the recording of a notice of lien
by the broker in the Recorder's Office, or the Office of
Registrar of Titles, of the county in which the real
property, or any interest in the real property, is located
within 90 days after the purchase, lease, or other conveyance
or transfer to the buyer or tenant. The lien shall attach to
the interest purchased or leased by the buyer or tenant as of
the date of the recording of the notice of lien and does not
relate back to the date of the written agreement.
(f) The broker shall within 10 days of recording its
notice of lien mail a copy of the notice of lien to the owner
of or record of the commercial real estate by registered or
certified mail, with return receipt requested, or personally
served on the owner of record or his agent. If the lien is
recorded within 10 days prior to closing, the broker is not
required to mail or personally serve a copy of the notice of
lien. Mailing of the copy of the notice of lien is effective
if mailed to the address of the commercial real estate that
is the subject of the notice of lien. Mailing of the copy of
the notice of claim for lien is effective when deposited in
the United States mailbox with postage prepaid. The broker's
lien shall be unenforceable if mailing of the copy of the
notice of lien recording does not occur at the time and in
the manner required by this Act.
(g) A broker may bring suit to enforce a lien in the
Circuit Court in the county where the property is located by
filing a complaint and sworn affidavit that the lien has been
recorded.
The person claiming a lien shall, unless the claim is
based upon an option to purchase the commercial real estate,
within 2 years after recording the lien, commence proceedings
by filing a complaint. Failure to commence proceedings within
2 years after recording the lien shall extinguish the lien.
No subsequent notice of lien may be given for the same claim
nor may that claim be asserted in any proceedings under this
Act.
A person claiming a lien based upon an option to purchase
shall, within 6 months after the transfer or conveyance of
the commercial real estate under the exercise of the option
to purchase, commence proceedings by filing a complaint.
Failure to commence proceedings within this time shall
extinguish the lien. No subsequent notice of lien may be
given for the same claim nor may that claim be asserted in
any proceedings under this Act.
A complaint under this Section shall contain a brief
statement of the contract or agreements on which the lien is
founded, the date when the contract or agreement was made, a
description of the services performed, the amount due and
unpaid, a description of the property that is subject to the
lien, and other facts necessary for a full understanding of
the rights of the parties. The plaintiff shall make all
interested parties, of whose interest the plaintiff is
notified or has knowledge, defendants to the action, and
shall issue summons and provide service as in other civil
actions. When any defendant resides or has gone out of the
State, or on inquiry cannot be found, or is concealed within
this State so that process cannot be served on that
defendant, the plaintiff shall cause a notice to be given to
that defendant, or cause a copy of the complaint to be served
upon that defendant, in the manner and upon the same
conditions as in other civil actions. Failure of the
plaintiff to provide proper summons or notice shall be
grounds for judgment against the plaintiff with prejudice.
All liens claimed under this Act shall be foreclosed as
provided for in the Illinois Mortgage Foreclosure Law.
(h) The lien notice shall state the name of the
claimant, the name of the owner, a description of the
property upon which the lien is being claimed, the amount for
which the lien is claimed, and the real estate license number
of the broker. The notice of lien shall recite that the
information contained in the notice is true and accurate to
the knowledge of the signator. The notice of lien shall be
signed by the broker or by a person authorized to sign on
behalf of the broker and shall be verified.
(i) Whenever a claim for lien has been filed with the
County Recorder or Registrar of Titles and a condition occurs
that would preclude the broker from receiving compensation
under the terms of the broker's written agreement, the broker
shall provide to the owner of record, within 10 days
following demand by the owner of record, a written release or
satisfaction of the lien.
(j) Upon written demand of the owner, lienee, or other
authorized agent, served on the person claiming the lien
requiring suit to be commenced to enforce the lien or answer
to be filed in a pending suit, a suit shall be commenced or
answer filed within 30 days thereafter, or the lien shall be
extinguished. Service may be by registered or certified
mail, return receipt requested, or by personal service.
(k) Whenever a claim for lien has been filed with the
County Recorder or Registrar of Titles and is paid, or where
there is failure to institute a suit to enforce the lien
within the time provided by this Act, the broker shall
acknowledge satisfaction or release of the lien, in writing,
on written demand of the owner within 5 days after payment or
expiration of the time in which to file the lien.
(l) The cost of proceedings asserting or defending a
broker's claim of lien, including reasonable attorneys' fees,
costs, and prejudgment interests due to the prevailing party
shall be borne by the nonprevailing party or parties. When
more than one party is responsible for costs, fees, and
prejudgment interests, the costs, fees, and prejudgment
interests shall be equitably apportioned by the court among
those responsible parties.
(Source: P.A. 90-338, eff. 8-8-97; revised 2-14-99.)
Section 281. The Horseshoers Lien Act is amended by
changing Section 1 as follows:
(770 ILCS 30/1) (from Ch. 82, par. 201)
Sec. 1. That Every person who, at the request of the
owner or his authorized agent, shall shoe or cause to be
shod, by his employees any horse, mule, ox or other animal
shall have a lien upon the animal shod for his reasonable
charge for shoeing the same, and each lien conferred by this
Act shall take precedence of all other liens or claims
thereon not duly recorded prior to recording claim of lien as
hereinafter provided; but such lien shall not attach where
the property has changed ownership prior to the filing of
such lien.
(Source: Laws 1907, p. 375; revised 10-31-98.)
Section 282. The Liens Against Railroads Act is amended
by changing Section 1 as follows:
(770 ILCS 55/1) (from Ch. 82, par. 49)
Sec. 1. That All persons who may have furnished, or who
shall hereafter furnish to any railroad corporation now
existing, or hereafter to be organized under the laws of this
State, any fuel, ties, material, supplies, or other article
or thing necessary for the construction, maintenance,
operation or repair of such roads, by contract with said
corporation, or who shall have done and performed, or shall
hereafter do and perform any work or labor for such
construction, maintenance, operation or repair by like
contract, shall be entitled to be paid for the same as part
of the current expenses of said road; and in order to secure
the same, shall have a lien upon all the property, real,
personal and mixed, of said railroad corporation as against
such railroad, and as against all mortgages or other liens
which shall accrue after the commencement of the delivery of
said articles, or the commencement of said work or labor;:
provided, suit shall be commenced within 6 six months after
such contractor or laborer shall have completed his contract
with said railroad corporation, or after such labor shall
have been performed or material furnished.
(Source: Laws 1871-2, p. 279; revised 10-31-98.)
Section 283. The Mechanics Lien Act is amended by
changing Section 27 as follows:
(770 ILCS 60/27) (from Ch. 82, par. 27)
Sec. 27. When the owner or his agent is notified as
provided in this Act, he shall retain from any money due or
to become due the contractor, an amount sufficient to pay all
demands that are or will become due such sub-contractor,
tradesman, materialman materialmen, mechanic, or worker of
whose claim he is notified, and shall pay over the same to
the parties entitled thereto.
Such payment shall be as follows:
First - All claims for wages shall be paid in full.
Second - The claims of tradesmen, materialmen and
sub-contractors, who are entitled to liens pro rata, in
proportion to the amount due them respectively. All payments
made as directed shall, as between such owner and contractor,
be considered the same as if paid to such contractor. Any
payment made by the owner to the contractor after such
notice, without retaining sufficient money to pay such
claims, shall be considered illegal and made in violation of
the rights of the laborers and sub-contractors and the rights
of such laborers and sub-contractors to a lien shall not be
affected thereby, but the owner shall not be held liable to
any laborer and sub-contractor or other person whose name is
omitted from the statement provided for in Sections 5 and 22
five (5) and twenty-two of this Act, nor for any larger
amount than the sum therein named as due such person
(provided such omission is not made with the knowledge or
collusion of the owner), unless previous thereto or to his
payment to his contractor, he shall be notified, as herein
provided, by such person of their claim and the true amount
thereof.
Third - The balance, if any, to the contractor.
(Source: P.A. 81-992; revised 10-31-98.)
Section 284. The Oil and Gas Lien Act of 1989 is amended
by changing Sections 2 and 3 as follows:
(770 ILCS 70/2) (from Ch. 82, par. 502)
Sec. 2. Persons entitled to lien - amount of lien. Any
person, including the operator, who shall, under contract
with the owner or operator of any leasehold or of any
pipeline, perform any labor or furnish any material or
services used or employed, perform any labor or furnish any
material or services used or employed, or furnished to be
used or employed for, or preliminary to, the drilling,
completing, equipping or operating of any oil or gas well
upon such leasehold, or in the construction of any pipeline,
or in the constructing, putting together, or repairing of any
materials so used or employed, or furnished to be used or
employed, shall be entitled to a lien under this Act, whether
or not a producing well is obtained and whether or not such
material is incorporated in or becomes a part of the
completed oil or gas well, or pipeline, for the amount due
him for the performance of such labor or the furnishing of
such material or services, including without limitation
transportation and mileage charges connected therewith, and
interest as provided by the contract between such person and
the owner or operator, or if no interest is provided for by
contract, from the date of the filing of the lien, at the
rate provided for by statute for judgments.
(Source: P.A. 86-377; revised 10-31-98.)
(770 ILCS 70/3) (from Ch. 82, par. 503)
Sec. 3. Property Subject to Lien.
A. Liens created under Section 2 shall extend to:
1. the leasehold for which the materials or
services were furnished, or for which the labor was
performed, and the appurtenance thereunto belonging; and
2. all materials and fixtures owned by the owner or
owners of such leasehold and used or employed, or
furnished to be used or employed in the drilling,
completing, equipping or operating of any oil or gas well
located thereon; and,
3. all oil or gas wells located on such leasehold,
and the oil or gas produced therefrom, and the proceeds
thereof inuring to the leasehold therein as such
leasehold interest existed on the date such labor was
first performed or such material or services were first
furnished; and,
4. all proceeds of production inuring to the
leasehold held by any purchaser of such oil and gas; and,
5. the whole of the pipeline to which the materials
or services were furnished, or for which labor was
performed, and all buildings and appurtenances thereunto
belonging, including, without limiting the generality of
the foregoing, gates, valves, pumps, pump stations, and
booster stations, and upon all materials and fixtures
owned by the owner of such pipeline and used or employed
or furnished to be used or employed in the construction
thereof.; and
B. If materials or services are furnished or labor is
performed for only a portion of the leasehold, the lien
against the leasehold created by this Act shall be limited
to:
1. the minimum surficial acreage for well spacing
designated by the permittee for a well drilled thereon
described as the establishing drilling unit with the
Department of Natural Resources; and,
2. if no such designation was made by the permittee
prior to the filing of a claim for lien, the minimum
surficial acreage for well spacing designated for a well
drilled thereon for an established drilling unit
described in the claim for lien, which will be designated
by the court in the foreclosure proceeding.
C. If materials or services are furnished or labor is
performed for leaseholds, the proceeds of which are
commingled by common storage or are validly polled or
unitized by agreement of the owners thereof or by operation
of law or by any order of any agency having jurisdiction
thereof, the lien shall extend to all of the leaseholds so
commingled by common storage, pooling or unitization.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 285. The Illinois Human Rights Act is amended by
changing Sections 7-101, 7A-103, 8-102, 8-105, and 9-101 as
follows:
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
Sec. 7-101. Powers and Duties. In addition to other
powers and duties prescribed in this Act, the Department
shall have the following powers:
(A) Rules and Regulations. To adopt, promulgate, amend,
and rescind rules and regulations not inconsistent with the
provisions of this Act pursuant to the Illinois
Administrative Procedure Act.
(B) Charges. To issue, receive, investigate, conciliate,
settle, and dismiss charges filed in conformity with this
Act.
(C) Compulsory Process. To request subpoenas as it deems
necessary for its investigations.
(D) Complaints. To file complaints with the Commission
in conformity with this Act.
(E) Judicial Enforcement. To seek temporary relief and
to enforce orders of the Commission in conformity with this
Act.
(F) Equal Employment Opportunities. To take such action
as may be authorized to provide for equal employment
opportunities and affirmative action.
(G) Recruitment; Research; Public Communication;
Advisory Councils. To engage in such recruitment, research
and public communication and create such advisory councils as
may be authorized to effectuate the purposes of this Act.
(H) Coordination with Federal and Local Agencies. To
coordinate its activities with federal and local agencies in
conformity with this Act.
(I) Public Grants; Private Gifts. To accept public
grants and private gifts as may be authorized.
(J) Education and Training. To implement a formal and
unbiased program of education and training for all employees
assigned to investigate and conciliate charges under Articles
7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
investigation and conciliation positions;
(2) current issues in human rights law and
practice;
(3) lectures by specialists in substantive areas
related to human rights matters;
(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced Department
investigators and attorneys conducting conciliation
conferences, combined with the opportunity to discuss
evidence presented and rulings made;
(6) the use of hypothetical cases requiring the
Department investigator and conciliation conference
attorney to issue judgments as a means to evaluating
knowledge and writing ability;
(7) writing skills;
(8) computer skills, including but not limited to
word processing and document management.
A formal, unbiased and ongoing professional development
program including, but not limited to, the above-noted areas
shall be implemented to keep Department investigators and
attorneys informed of recent developments and issues and to
assist them in maintaining and enhancing their professional
competence.
(Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(A) Circumstances. A settlement of any charge prior to
the filing of a complaint may be effectuated at any time upon
agreement of the parties and the approval of the Department.
A settlement of any charge after the filing of a complaint
shall be effectuated as specified in Section 8-105(A)(2) of
this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the Department,
signed by the parties, and submitted by the Department to the
Commission for approval. Settlements of charges after the
filing of complaints shall be effectuated as specified in
Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement
order has been violated, the Department shall conduct an
investigation into the matter.
(2) Upon finding substantial evidence to
demonstrate that a settlement has been violated, the
Department shall file notice of a settlement order
violation with the Commission and serve all parties.
(D) Dismissal For Refusal To Accept Settlement Offer.
The Department shall dismiss a charge if it is satisfied
that:
(1) the respondent has eliminated the effects of
the civil rights violation charged and taken steps to
prevent its repetition; or
(2) the respondent offers and the complainant
declines to accept terms of settlement which the
Department finds are sufficient to eliminate the effects
of the civil rights violation charged and prevent its
repetition.
(3) When the Department dismisses a charge under this
Section it shall notify the complainant that he or she may
seek review of the dismissal order before the Chief Legal
Counsel of the Department. The complainant shall have 30
days from receipt of notice to file a request for review by
the Chief Legal Counsel of the Department.
(4) In determining whether the respondent has eliminated
the effects of the civil rights violation charged, or has
offered terms of settlement sufficient to eliminate same, the
Department shall consider the extent to which the respondent
has either fully provided, or reasonably offered by way of
terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8-108 of this Act.
(E) This amendatory Act of 1995 applies to causes of
action filed on or after January 1, 1996.
(Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and Duties. ) In addition to the
other powers and duties prescribed in this Act, the
Commission shall have the following powers and duties:
(A) Meetings. To meet and function at any place within
the State.
(B) Offices. To establish and maintain offices in
Springfield and Chicago.
(C) Employees. To select and fix the compensation of
such technical advisors and employees as it may deem
necessary pursuant to the provisions of "The Personnel Code".
(D) Hearing Officers. To select and fix the
compensation of hearing officers who shall be attorneys duly
licensed to practice law in this State and full time
employees of the Commission.
A formal and unbiased training program for hearing
officers shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the
hearing officer position;
(2) current issues in human rights law and
practice;
(3) lectures by specialists in substantive areas
related to human rights matters;
(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced hearing officers
conducting hearings of cases, combined with the
opportunity to discuss evidence presented and rulings
made;
(6) the use of hypothetical cases requiring the
hearing officer to issue judgments as a means to
evaluating knowledge and writing ability;
(7) writing skills;
(8) computer skills, including but not limited to
word processing and document management.
A formal, unbiased and ongoing professional development
program including, but not limited to, the above-noted areas
shall be implemented to keep hearing officers informed of
recent developments and issues and to assist them in
maintaining and enhancing their professional competence.
(E) Rules and Regulations. To adopt, promulgate, amend,
and rescind rules and regulations not inconsistent with the
provisions of this Act pursuant to the Illinois
Administrative Procedure Act.
(F) Compulsory Process. To issue and authorize requests
for enforcement of subpoenas and other compulsory process
established by this Act.
(G) Decisions. Through a panel of three members
designated by the Chairperson on a random basis, to hear and
decide by majority vote complaints filed in conformity with
this Act and to approve proposed settlements.
(H) Rehearings. To order, by a vote of 6 members,
rehearing of its decisions by the entire Commission in
conformity with this Act.
(I) Judicial Enforcement. To authorize requests for
judicial enforcement of its orders in conformity with this
Act.
(J) Opinions. To publish its decisions in timely
fashion to assure a consistent source of precedent.
(K) Public Grants; Private Gifts. To accept public
grants and private gifts as may be authorized.
(L) Interpreters. To appoint at the expense of the
Commission a qualified sign language interpreter whenever a
hearing impaired person is a party or witness at a public
hearing.
(M) Automated Processing Plan. To prepare an electronic
data processing and telecommunications plan jointly with the
Department in accordance with Section 7-112.
(N) The provisions of this amendatory Act of 1995
amending subsection (G) of this Section apply to causes of
action filed on or after January 1, 1996.
(Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105. Settlement.
(A) Approval.
(1) When a proposed settlement is submitted by the
Department, the Commission, through a panel of 3 members,
shall determine whether to approve its terms and
conditions.
(2) A settlement of any complaint and its
underlying charge or charges may be effectuated at any
time upon agreement of the parties, with or without the
Commission's approval, and shall act as a full and final
resolution of the matter. If the parties desire that the
Commission retain jurisdiction over the matter for
purposes of enforcing the terms of the settlement, the
terms shall be reduced to writing, signed by the parties,
and submitted to the Commission for approval. The
Commission, through a panel of 3 members, shall determine
whether to approve the settlement.
(3) Approval of the settlement shall be
accomplished by an order, served on the parties and the
Department, in accord with the written terms of the
settlement.
(B) Violation. When the Department files notice of a
settlement order violation, the Commission, through a panel
of three members, may either order the Department to seek
enforcement of the settlement order pursuant to paragraph (B)
of Section 8-111 or remand for any type of hearing as it may
deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer.
The Commission shall dismiss a complaint and the underlying
charge or charges of the complaint if the Commission is
satisfied that:
1. the respondent has eliminated the effects of the
civil rights violation charged and taken steps to prevent
repetition of the violation; or
2. the respondent offers and the complainant
declines to accept the terms of settlement that the
Commission determines are sufficient to eliminate the
effect of the civil rights violation charged and to
prevent repetition of the violation. ; or
In determining whether the respondent has eliminated the
effects of the civil rights violation charged, or has offered
terms of settlement sufficient to eliminate same, the
Commission shall consider the extent to which the respondent
has either fully provided, or reasonably offered by way of
terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 of this
Act.
At any time after the service of a complaint pursuant to
Section 8A-102 of this Act, and prior to service of a
decision prepared pursuant to Section 8A-102(I), a respondent
may move for a recommended order dismissing a complaint and
the underlying charge or charges for complainant's refusal to
accept terms of settlement that are sufficient to eliminate
the effects of the civil rights violation charged in the
complaint and to eliminate repetition of the violation.
Respondent's motion and complainant's reply, if any, shall
comply with the requirements for summary decision set forth
in Section 8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of
action filed on or after January 1, 1996.
(Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96;
revised 10-31-98.)
(775 ILCS 5/9-101) (from Ch. 68, par. 9-101)
Sec. 9-101. Transfer; savings. )
(A) Personnel.
(1) All personnel previously assigned to the Fair
Employment Practices Commission, Department of Equal
Employment Opportunity, and Human Relations Commission
shall be transferred, in accordance with this Act to the
Department or Commission.
(2) The rights of employees, the state, and its
executive agencies under the Personnel Code, any
collective bargaining agreement, or any pension,
retirement or annuity plan shall not be affected by this
Act.
(B) Documents; Property. All books, records, papers,
documents, and property in the possession of the Fair
Employment Practices Commission, Department of Equal
Employment Opportunity, and Human Relations Commission shall
be transferred, in accordance with this Act to the Department
or Commission.
(C) Service of Documents; Response to Subpoenas. Any
report, notice, paper, document or response to a subpoena
which previously had to be made, given, furnished or served
to or upon the Fair Employment Practices Commission,
Department of Equal Employment Opportunity and Human
Relations Commission shall be made, given, furnished or
served, in accordance with this Act to the Department.
(D) Rules and Regulations. No rule or regulation
promulgated by the Fair Employment Practices Commission,
Department of Equal Employment Opportunity, or Human
Relations Commission, including those now in effect and those
filed pursuant to the Illinois Administrative Procedure Act,
shall be abrogated by this Act. In accordance with this Act
they shall be deemed rules and regulations of the Department
or the Commission.
(E) Completed Acts. This Act shall not affect any act
completed, ratified or confirmed or any action taken in a
judicial proceeding by or any right accrued or established
under the authority of the Fair Employment Practices
Commission, Department of Equal Employment Opportunity, Human
Relations Commission. Such actions shall be continued, in
accordance with this Act, by the Department or Commission.
(F) Appropriations. Appropriations made to or for the
use of the Fair Employment Practices Commission, Department
of Equal Employment Opportunity, and Human Relations
Commission shall be transferred, in accordance with Section
9b of the State Finance Act "An Act in relation to State
finance", approved June 10, 1919, to the Department or
Commission.
(Source: P.A. 81-1216, revised 10-31-98.)
Section 286. The Business Corporation Act of 1983 is
amended by changing Section 5.10 as follows:
(805 ILCS 5/5.10) (from Ch. 32, par. 5.10)
Sec. 5.10. (a) A Change of registered office or
registered agent.
(a) A domestic corporation or a foreign corporation may
from time to time change the address of its registered
office. A domestic corporation or a foreign corporation
shall change its registered agent if the office of registered
agent shall become vacant for any reason, or if its
registered agent becomes disqualified or incapacitated to
act, or if the corporation revokes the appointment of its
registered agent.
(b) A domestic corporation or a foreign corporation may
change the address of its registered office or change its
registered agent, or both, by executing and filing, in
duplicate, in accordance with Section 1.10 of this Act a
statement setting forth:
(1) The name of the corporation.
(2) The address, including street and number, or
rural route number, of its then registered office.
(3) If the address of its registered office be
changed, the address, including street and number, or
rural route number, to which the registered office is to
be changed.
(4) The name of its then registered agent.
(5) If its registered agent be changed, the name of
its successor registered agent.
(6) That the address of its registered office and
the address of the business office of its registered
agent, as changed, will be identical.
(7) That such change was authorized by resolution
duly adopted by the board of directors.
(c) (Blank).
(d) If the registered office is changed from one county
to another county, then the corporation shall also file for
record within the time prescribed by this Act in the office
of the recorder of the county to which such registered office
is changed:
(1) In the case of a domestic corporation:
(i) A copy of its articles of incorporation
certified by the Secretary of State.
(ii) A copy of the statement of change of
address of its registered office, certified by the
Secretary of State.
(2) In the case of a foreign corporation:
(i) A copy of its certificate of authority to
transact business in this State, with a copy of its
application therefor affixed thereto, certified by
the Secretary of State.
(ii) A copy of all amendments to such
certificate of authority, if any, likewise certified
by the Secretary of State.
(iii) A copy of the statement of change of
address of its registered office certified by the
Secretary of State.
(e) The change of address of the registered office, or
the change of registered agent, or both, as the case may be,
shall become effective upon the filing of such statement by
the Secretary of State.
(Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)
Section 287. The Illinois Development Credit Corporation
Act is amended by changing Section 8 as follows:
(805 ILCS 35/8) (from Ch. 32, par. 1008)
Sec. 8. When the applicants have completed the
organization of the proposed development credit corporation,
they shall file with the Director a certificate of
organization executed by its president and attested by its
secretary and with its seal affixed thereto, certifying:
(1) the name and addresses of all of its
subscribers of stock, the number of shares subscribed and
the number of shares fully paid for by each;
(2) the total number of shares subscribed, but not
fully paid for;
(3) the total number of shares paid in full;
(4) the name and address of any depositary holding
on deposit any funds of the development credit
corporation;
(5) the names and addresses of the officers and
members of the executive committee, if any, of the
development credit corporation.
The certificate of organization of the applicant shall be
accompanied by:
(1) the certificate of any named depositary
certifying the amount of funds on deposit to the credit
of the development credit corporation;
(2) any bylaws or resolutions which have been
adopted.
(Source: Laws 1965, p. 577; revised 10-31-98.)
Section 288. The General Not For Profit Corporation Act
of 1986 is amended by changing Sections 105.10 and 111.25 as
follows:
(805 ILCS 105/105.10) (from Ch. 32, par. 105.10)
Sec. 105.10. Change of registered office or registered
agent.
(a) A domestic corporation or a foreign corporation may
from time to time change the address of its registered
office. A domestic corporation or a foreign corporation
shall change its registered agent if the office of registered
agent shall become vacant for any reason, or if its
registered agent becomes disqualified or incapacitated to
act, or if the corporation revokes the appointment of its
registered agent.
(b) A domestic corporation or a foreign corporation may
change the address of its registered office or change its
registered agent, or both, by executing and, filing in
duplicate, in accordance with Section 101.10 of this Act, a
statement setting forth:
(1) the name of the corporation;
(2) the address, including street and number, or
rural route number, of its then registered office;
(3) if the address of its registered office be
changed, the address, including street and number, or
rural route number, to which the registered office is to
be changed;
(4) the name of its then registered agent;
(5) if its registered agent be changed, the name of
its successor registered agent;
(6) that the address of its registered office and
the address of the business office of its registered
agent, as changed, will be identical;
(7) that such change was authorized by resolution
duly adopted by the board of directors.
(c) (Blank).
(d) If the registered office is changed from one county
to another county, then the corporation shall also file for
record within the time prescribed by this Act in the office
of the Recorder of the county to which such registered office
is changed:
(1) In the case of a domestic corporation:
(i) A copy of its articles of incorporation
certified by the Secretary of State.
(ii) A copy of the statement of change of
address of its registered office, certified by the
Secretary of State.
(2) In the case of a foreign corporation:
(i) A copy of its certificate of authority to
transact business in this State, with a copy of its
application therefor affixed thereto, certified by
the Secretary of State.
(ii) A copy of all amendments to such
certificate of authority, if any, likewise certified
by the Secretary of State.
(iii) A copy of the statement of change of
address of its registered office certified by the
Secretary of State.
(e) The change of address of the registered office, or
the change of registered agent, or both, as the case may be,
shall become effective upon the filing of such statement by
the Secretary of State.
(Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)
(805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
Sec. 111.25. Articles of merger or consolidation.
(a) Articles of merger or consolidation shall be
executed by each corporation and filed in duplicate in
accordance with Section 101.10 of this Act and shall set
forth:
(1) the name of each corporation;
(2) the plan of merger or consolidation;
(3) as to each corporation where the plan of merger
or consolidation was adopted pursuant Section 111.15 of
this Act:
(i) a statement that the plan received the
affirmative vote of a majority of the directors in
office, at a meeting of the board of directors, and
the date of the meeting; or
(ii) a statement that the plan was adopted by
written consent, signed by all the directors in
office, in compliance with Section 108.45 8.45 of
this Act; and
(4) as to each corporation where the plan of merger
or consolidation was adopted pursuant Section 111.20 of
this Act:
(i) a statement that the plan was adopted at a
meeting of members by the affirmative vote of
members having not less than the minimum number of
votes necessary to adopt the plan, as provided by
this Act, the articles of incorporation, or the
bylaws, and the date of the meeting; or
(ii) a statement that the plan was adopted by
written consent, signed by members having not less
than the minimum number of votes necessary to adopt
the plan, as provided by this Act, the articles of
incorporation or the bylaws, in compliance with
Section 107.10 of this Act.
(b) When the provisions of this Section have been
complied with, the Secretary of State shall issue a
certificate of merger or consolidation.
(Source: P.A. 84-1423; revised 10-31-98.)
Section 289. The Religious Corporation Act is amended by
changing Sections 36 and 46b as follows:
(805 ILCS 110/36) (from Ch. 32, par. 165)
Sec. 36. The chairman or secretary of such meeting
shall, as soon as may be after such meeting, make and file in
the office of the recorder in the county in which such
congregation, church or society is organized (which shall be
recorded by such recorder) an affidavit, substantially in the
following form:
State of Illinois,)
) ss.
.......... County.)
I, ...., do solemnly swear (or affirm, as the case may
be), that at a meeting of the members of the (here insert the
name of the church, society or congregation, as known before
incorporation), held at (here insert place of meeting), in
the County of ...., and State of Illinois, on (insert date),
the .... day of ...., 19.., for that purpose, the following
persons were elected (or appointed) (here insert their names)
trustees (or wardens, vestrymen or officers by whatever name
they choose to adopt, with powers and duties similar to
trustees), according to the rules and usages of such (church,
society or congregation). And the (church, society or
congregation) adopted as its corporate name (here insert the
name). And at the meeting this affiant acted as (chairman or
secretary, as the case may be).
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
............... (Name of affiant.).
Such congregation, church or society may change its name
or make other amendment to its original affidavit of
incorporation by passing a resolution of such amendment in
accordance with the rules and usages of such congregation,
church or society and filing an affidavit to that effect in
the office of the recorder in the county in which such
congregation, church or society is located.
Such affidavit, or a copy thereof duly certified by the
recorder, shall be received as evidence of the due
incorporation of such congregation, church or society.
(Source: P.A. 84-551; revised 10-20-98.)
(805 ILCS 110/46b) (from Ch. 32, par. 177)
Sec. 46b. The presiding officer, or duly authorized
representative of any ecclesiastical body, or diocesan, or
like ecclesiastical officer having jurisdiction agreeably to
the laws of any sect or denomination over such ecclesiastical
district or diocese, shall, as soon as may be after such
appointment, make and file in the office of the recorder in
the county of which such congregation, church, or society is
organized, an affidavit, (which shall be recorded by such
recorder), substantially in the following form:
State of Illinois,)
) ss.
County of ........)
I, ...., do solemnly swear (or affirm, as the case may
be), that the following persons (here insert their names)
were appointed trustees (or wardens, vestrymen, or officers,
by whatever name is adopted, with powers and duties similar
with trustees) of (here insert the name of the congregation,
church, society or corporation) according to the usages or
customs (rule, regulations, articles of association,
constitution, by-laws, or canons, as the case may be) by the
(synod, presbytery, conference, convention, council,
episcopate, or like ecclesiastical body, or diocesan, or like
ecclesiastical officer, as the case may be), (here insert the
name of the congregation, church, society, sect, or
denomination, having charge or control over such
congregation, church, society or corporation) under and by
virtue of sections 46a, 46b, 46c, 46d, 46e, 46f, 46g and 46h,
of "An act concerning corporations," approved April 18, 1872,
and the (church, society or congregation, or trustees)
adopted as the corporate name (here insert name).
....................................
(Name of affiant and title, if any.)
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
Such affidavit, or copy thereof, duly certified by the
recorder, shall be received as evidence of the due
incorporation of such congregation, church or society.
(Source: P.A. 83-358; revised 10-20-98.)
Section 290. The Uniform Commercial Code is amended by
changing Sections 9-307, 9-313, 9-402, 9-403, and 9-501 as
follows:
(810 ILCS 5/9-307) (from Ch. 26, par. 9-307)
Sec. 9-307. Protection of Buyers of Goods.
(1) Except as provided in subsection (4), a buyer in the
ordinary course of business, as defined in subsection (9) of
Section 1-201, takes free of a security interest created by
his seller even though the security interest is perfected and
even though the buyer knows of its existence.
(2) In the case of consumer goods, a buyer takes free of
a security interest even though perfected if he buys without
knowledge of the security interest, for value and for his own
personal, family or household purposes unless prior to the
purchase the secured party has filed a financing statement
covering such goods.
(3) A buyer other than a buyer in ordinary course of
business (subsection (1) of this Section) takes free of a
security interest to the extent that it secures future
advances made after the secured party acquires knowledge of
the purchase, or more than 45 days after the purchase,
whichever first occurs, unless made pursuant to a commitment
entered into without knowledge of the purchase and before the
expiration of the 45 day period.
(4) A buyer of farm products takes subject to a security
interest created by the seller if:
(a) within one year before the sale of the farm
products, the buyer has received from the secured party
or the seller written notice of the security interest
organized according to farm products that:
(i) is an original or reproduced copy thereof;
(ii) contains:,
(I) the name and address of the secured
party;
(II) the name and address of the person
indebted to the secured party;
(III) the social security number of the
debtor or, in the case of a debtor doing
business other than as an individual, the
Internal Revenue Service taxpayer
identification number of such debtor; and
(IV) a description of the farm products
subject to the security interest created by the
debtor, including the amount of such products
where applicable, crop year, county, and a
reasonable description of the property;
(iii) must be amended in writing, within 3
months, similarly signed and transmitted, to reflect
material changes;
(iv) will lapse on either the expiration
period of the statement or the transmission of a
notice signed by the secured party that the
statement has lapsed, whichever occurs first; and
(v) sets forth any payment obligations imposed
on the buyer by the secured party as conditions for
waiver or release of the security interest; and
(b) the buyer has failed to perform the payment
obligations.
For the purposes of this subsection (4), a buyer of farm
products has received notice from the secured party or seller
when written notice of the security interest is sent to the
buyer by registered or certified mail.
(Source: P.A. 84-1372; revised 10-31-98.)
(810 ILCS 5/9-313) (from Ch. 26, par. 9-313)
Sec. 9-313. Priority of Security Interests in Fixtures.
(1) In this Section and in the provisions of Part 4 of
this Article referring to fixture filing, unless the context
otherwise requires:
(a) Goods are "fixtures" when they become so
related to particular real estate that an interest in
them arises under real estate law.
(b) A "fixture filing" is the filing in the office
where a mortgage on the real estate would be filed or
recorded of a financing statement covering goods which
are or are to become fixtures and conforming to the
requirements of subsection (5) of Section 9-402.
(c) A mortgage is a "construction mortgage" to the
extent that it secures an obligation incurred for the
construction of an improvement on land including the
acquisition cost of the land, if the recorded writing so
indicates.
(2) A security interest under this Article may be
created in goods which are fixtures or may continue in goods
which become fixtures, but no security interest exists under
this Article in ordinary building materials incorporated into
an improvement on land.
(3) This Article does not prevent creation of an
encumbrance upon fixtures pursuant to real estate law.
(4) A perfected security interest in fixtures has
priority over the conflicting interest of an encumbrancer or
owner of the real estate where:
(a) the security interest is a purchase money
security interest, the interest of the encumbrancer or
owner arises before the goods become fixtures, the
security interest is perfected by a fixture filing before
the goods become fixtures or within 10 days thereafter,
and the debtor has an interest of record in the real
estate or is in possession of the real estate; or
(b) the security interest is perfected by a fixture
filing before the interest of the encumbrancer or owner
is of record, the security interest has priority over any
conflicting interest of a predecessor in title of the
encumbrancer or owner, and the debtor has an interest of
record in the real estate or is in possession of the real
estate; or
(c) the fixtures are readily removable factory or
office machines or readily removable replacements of
domestic appliances which are consumer goods, and before
the goods become fixtures the security interest is
perfected by any method permitted by this Article; or
(d) the conflicting interest is a lien on the real
estate obtained by legal or equitable proceedings after
the security interest was perfected by any method
permitted by this Article.
(5) A security interest in fixtures, whether or not
perfected, has priority over the conflicting interest of an
encumbrancer or owner of the real estate where:
(a) the encumbrancer or owner has consented in
writing to the security interest or has disclaimed an
interest in the goods as fixtures; or
(b) the debtor has a right to remove the goods as
against the encumbrancer or owner. If the debtor's right
terminates, the priority of the security interest
continues for a reasonable time.
(6) Notwithstanding paragraph (a) of subsection (4) but
otherwise subject to subsections (4) and (5), a security
interest in fixtures is subordinate to a construction
mortgage recorded before the goods become fixtures if the
goods become fixtures before the completion of the
construction. To the extent that it is given to refinance a
construction mortgage, a mortgage has this priority to the
same extent as the construction mortgage.
(7) In cases not within the preceding subsections, a
security interest in fixtures is subordinate to the
conflicting interest of an encumbrancer or owner of the
related real estate who is not the debtor.
(8) When the secured party has priority over all owners
and encumbrancers of the real estate, he may, on default,
subject to the provisions of Part 5, remove his collateral
from the real estate but he must reimburse any encumbrancer
or owner of the real estate who is not the debtor and who has
not otherwise agreed for the cost of repair of any physical
injury, but not for any diminution in value of the real
estate caused by the absence of the goods removed or by any
necessity of replacing them. A person entitled to
reimbursement may refuse permission to remove until the
secured party gives adequate security for the performance of
this obligation.
(Source: P.A. 78-238; revised 10-31-98.)
(810 ILCS 5/9-402) (from Ch. 26, par. 9-402)
Sec. 9-402. Formal requisites of financing statement;
amendments; mortgage as financing statement.
(1) A financing statement is sufficient if it gives the
names of the debtor and the secured party, is signed by the
debtor, gives an address of the secured party from which
information concerning the security interest may be obtained,
gives a mailing address of the debtor and contains a
statement indicating the types, or describing the items, of
collateral. A financing statement may be filed before a
security agreement is made or a security interest otherwise
attaches. When a financing statement filed prior to January
1, 1996, covers crops growing or to be grown, the statement
must also contain a legal description of the real estate
concerned. If a financing statement covers crops growing or
to be grown and includes a description of the real estate
concerned, the description is sufficient if it includes the
quarter section, section, township and range, and the name of
a record owner if other than the debtor, of the real estate
concerned. When the financing statement covers timber to be
cut or covers minerals or the like (including oil and gas) or
accounts subject to subsection (5) of Section 9-103, or when
the financing statement is filed as a fixture filing (Section
9-313) and the collateral is goods which are or are to become
fixtures, the statement must also comply with subsection (5).
A copy of the security agreement is sufficient as a financing
statement if it contains the above information and is signed
by the debtor. A carbon, photographic or other reproduction
of a security agreement or a financing statement is
sufficient as a financing statement if the security agreement
so provides or if the original has been filed in this State.
(2) A financing statement which otherwise complies with
subsection (1) is sufficient when it is signed by the secured
party instead of the debtor if it is filed to perfect a
security interest in:
(a) collateral already subject to a security
interest in another jurisdiction when it is brought into
this State, or when the debtor's location is changed to
this State. Such a financing statement must state that
the collateral was brought into this State or that the
debtor's location was changed to this State under such
circumstances; or
(b) proceeds under Section 9-306 if the security
interest in the original collateral was perfected. Such a
financing statement must describe the original
collateral; or
(c) collateral as to which the filing has lapsed;
or
(d) collateral acquired after a change of name,
identity or corporate structure of the debtor (subsection
(7)).
(3) A form substantially as follows is sufficient to
comply with subsection (1):
Name of debtor (or assignor) .......................
Address .......................................
Name of secured party (or assignee) ...........
Address .......................................
1. This financing statement covers the following
types (or items) of property:
(Describe) .........................................
2. (Blank).
3. (If applicable) The above goods are to become
fixtures on ........................................... *
*Where appropriate substitute either "The above
timber is standing on ...." or "The above minerals or the
like (including oil and gas) or accounts will be financed
at the wellhead or minehead of the well or mine located
on ...."
(Describe Real Estate) .............................
and this financing statement is to be filed in the real
estate records. (If the debtor does not have an interest
of record) The name of a record owner is ................
4. (If products of collateral are claimed) Products
of the collateral are also covered.
Signature of Debtor (or Assignor) ..................
Signature of Secured Party (or Assignee) ...........
(use whichever is applicable)
(4) A financing statement may be amended by filing a
writing signed by both the debtor and the secured party. An
amendment does not extend the period of effectiveness of a
financing statement. If any amendment adds collateral, it is
effective as to the added collateral only from the filing
date of the amendment. In this Article, unless the context
otherwise requires, the term "financing statement" means the
original financing statement and any amendments.
(5) A financing statement covering timber to be cut or
covering minerals or the like (including oil and gas) or
accounts subject to subsection (5) of Section 9-103, or a
financing statement filed as a fixture filing (Section 9-313)
where the debtor is not a transmitting utility, must show
that it covers this type of collateral, must recite that it
is to be filed in the real estate records, and the financing
statement must contain a description of the real estate. If
the debtor does not have an interest of record in the real
estate, the financing statement must show the name of a
record owner.
(6) A mortgage is effective as a financing statement
filed as a fixture filing from the date of its recording if:
(a) the goods are described in the mortgage by item
or type,
(b) the goods are or are to become fixtures related
to the real estate described in the mortgage,
(c) the mortgage complies with the requirements for
a financing statement in this Section other than a
recital that it is to be filed in the real estate
records, and
(d) the mortgage is duly recorded.
No fee with reference to the financing statement is
required other than the regular recording and satisfaction
fees with respect to the mortgage.
(7) A financing statement sufficiently shows the name of
the debtor if it gives the individual, partnership or
corporate name of the debtor, whether or not it adds other
trade names or names of partners. Where the debtor so changes
his name or in the case of an organization its name, identity
or corporate structure that a filed financing statement
becomes seriously misleading, the filing is not effective to
perfect a security interest in collateral acquired by the
debtor more than 4 months after the change, unless a new
appropriate financing statement is filed before the
expiration of that time. A filed financing statement remains
effective with respect to collateral transferred by the
debtor even though the secured party knows of or consents to
the transfer.
(8) A financing statement substantially complying with
the requirements of this Section is effective even though it
contains minor errors which are not seriously misleading.
(Source: P.A. 89-228, eff. 1-1-96; revised 10-31-98.)
(810 ILCS 5/9-403) (from Ch. 26, par. 9-403)
Sec. 9-403. What constitutes filing; duration of filing;
effect of lapsed filing; duties of filing officer; fees.
(1) Presentation for filing of a financing statement and
tender of the filing fee or acceptance of the statement by
the filing officer constitutes filing under this Article.
(2) Except as provided in subsection (6) a filed
financing statement is effective for a period of 5 years from
the date of filing. The effectiveness of a filed financing
statement lapses on the expiration of the 5 year period
unless a continuation statement is filed prior to the lapse.
If a security interest perfected by filing exists at the time
insolvency proceedings are commenced by or against the
debtor, the security interest remains perfected until
termination of the insolvency proceedings and thereafter for
a period of 60 days or until expiration of the 5 year period,
whichever occurs later. Upon lapse the security interest
becomes unperfected, unless it is perfected without filing.
If the security interest becomes unperfected upon lapse, it
is deemed to have been unperfected as against a person who
became a purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured
party within 6 months prior to the expiration of the 5 year
period specified in subsection (2). Any such continuation
statement must be signed by the secured party, identify the
original statement by file number and state that the original
statement is still effective. A continuation statement signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment
signed by the secured party of record and complying with
subsection (2) of Section 9-405, including payment of the
required fee. Upon timely filing of the continuation
statement, the effectiveness of the original statement is
continued for 5 years after the last date to which the filing
was effective whereupon it lapses in the same manner as
provided in subsection (2) unless another continuation
statement is filed prior to such lapse. Succeeding
continuation statements may be filed in the same manner to
continue the effectiveness of the original statement. Unless
a statute on disposition of public records provides
otherwise, the filing officer may remove a lapsed statement
from the files and destroy it immediately if he has retained
a microfilm or other photographic record, or in other cases
after one year after the lapse. The filing officer shall so
arrange matters by physical annexation of financing
statements to continuation statements or other related
filings, or by other means, that if he physically destroys
the financing statements of a period more than 5 years past,
those which have been continued by a continuation statement
or which are still effective under subsection (6) shall be
retained.
(4) Except as provided in subsection (7) a filing
officer shall mark each statement with a file number and with
the date and hour of filing and shall hold the statement or a
microfilm or other photographic copy thereof for public
inspection. In addition the filing officer shall index the
statement according to the name of the debtor and shall note
in the index the file number and the address of the debtor
given in the statement.
(5) The uniform fee for filing and indexing and for
stamping a copy furnished by the secured party to show the
date and place of filing for an original financing statement,
amended statement, or for a continuation statement shall be
$20.
(6) If the debtor is a transmitting utility (subsection
(5) of Section 9-401) and a filed financing statement so
states, it is effective until a termination statement is
filed. A real estate mortgage which is effective as a fixture
filing under subsection (6) of Section 9-402 remains
effective as a fixture filing until the mortgage is released
or satisfied of record or its effectiveness otherwise
terminates as to the real estate.
(7) When a financing statement covers timber to be cut
or covers minerals or the like (including oil and gas) or
accounts subject to subsection (5) of Section 9-103, or is
filed as a fixture filing, the filing officer shall index it
under the names of the debtor and any owner of record shown
on the financing statement in the same fashion as if they
were the mortgagors in a mortgage of the real estate
described, and, to the extent that the law of this State
provides for indexing of mortgages under the name of the
mortgagee, under the name of the secured party as if he were
the mortgagee thereunder, or where indexing is by description
in the same fashion as if the financing statement were a
mortgage of the real estate described.
(8) For financing statements filed on or after January
1, 1998 as to a debtor who is a resident of the State of
Illinois, if the collateral is equipment used in farming
operations, farm products, or accounts or general intangibles
arising from the sale of farm products by a farmer, the
secured party shall, within 30 days after filing with the
office of the Secretary of State, remit to the office of the
recorder in the county of the debtor's residence a fee of $10
together with a copy of the financing statement filed in the
office of the Secretary of State. This fee is in addition to
payment of the fee provided in subsection (5) of this Section
and is imposed to defray the cost of converting the county
recorder's document storage system to computers or
micrographics. The copy of the financing statement provided
to the office of the recorder shall be for informational
purposes only and shall not be for filing with the office of
the recorder nor shall the provision of the informational
copy be subject to imposition of any filing fee under Section
3-5018 of the Counties Code or otherwise. The provisions of
this subsection (8) other than this sentence, are inoperative
after the earlier of (i) July 1, 1999 or (ii) the effective
date of a change to the Illinois Uniform Commercial Code
which adopts a recommendation by the National Conference of
Commissioners on Uniform State Laws to amend Section 9-401 of
this Code to make the office of the Secretary of State the
proper place to file a financing statement described in this
subsection (8).
(9) The failure to send an informational copy of a
financing statement to the appropriate office of the recorder
or to pay the fee as set forth in subsection (8) shall not in
any manner affect the existence, validity, perfection,
priority, or enforceability of the security interest of the
secured party.
(Source: P.A. 89-503, eff. 1-1-97; 90-300, eff. 1-1-98;
revised 10-31-98.)
(810 ILCS 5/9-501) (from Ch. 26, par. 9-501)
Sec. 9-501. Default; procedure when security agreement
covers both real and personal property.
(1) When a debtor is in default under a security
agreement, a secured party has the rights and remedies
provided in this Part and except as limited by subsection (3)
those provided in the security agreement. He may reduce his
claim to judgment, foreclose or otherwise enforce the
security interest by any available judicial procedure. If the
collateral is documents the secured party may proceed either
as to the documents or as to the goods covered thereby. A
secured party in possession has the rights, remedies and
duties provided in Section 9-207. The rights and remedies
referred to in this subsection are cumulative.
(2) After default, the debtor has the rights and
remedies provided in this Part, those provided in the
security agreement and those provided in Section 9-207.
(3) To the extent that they give rights to the debtor
and impose duties on the secured party, the rules stated in
the subsections referred to below may not be waived or varied
except as provided with respect to compulsory disposition of
collateral (subsection (3) of Section 9-504 and Section
9-505) and with respect to redemption of collateral (Section
9-506) but the parties may by agreement determine the
standards by which the fulfillment of these rights and duties
is to be measured if such standards are not manifestly
unreasonable:
(a) subsection (2) of Section 9-502 and subsection
(2) of Section 9-504 insofar as they require accounting
for surplus proceeds of collateral;
(b) subsection (3) of Section 9-504 and subsection
(1) of Section 9-505 which deal with disposition of
collateral;
(c) subsection (2) of Section 9-505 which deals
with acceptance of collateral as discharge of obligation;
(d) Section 9-506 which deals with redemption of
collateral; and
(e) subsection (1) of Section 9-507 which deals
with the secured party's liability for failure to comply
with this Part.
(4) If the security agreement covers both real and
personal property, the secured party may proceed under this
Part as to the personal property or he may proceed as to both
the real and the personal property in accordance with his
rights and remedies in respect to the real property in which
case the provisions of this Part do not apply.
(5) When a secured party has reduced his claim to
judgment the lien of any levy which may be made upon his
collateral by virtue of such judgment shall relate back to
the date of the perfection of the security interest in such
collateral. A judicial sale, pursuant to such judgment, is a
foreclosure of the security interest by judicial procedure
within the meaning of this Section, and the secured party may
purchase at the sale and thereafter hold the collateral free
of any other requirements of this Article.
(Source: P.A. 84-546; revised 10-31-98.)
Section 291. The Illinois Securities Law of 1953 is
amended by changing Section 11a as follows:
(815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
Sec. 11a. Fees.
(1) The Secretary of State shall by rule or regulation
impose and shall collect reasonable fees necessary for the
administration of this Act including, but not limited to,
fees for the following purposes:
(a) filing an application pursuant to paragraph (2)
of subsection F of Section 4 of this Act;
(b) examining an application and report pursuant to
paragraph (2) of subsection F of Section 4 of this Act;
(c) filing a report pursuant to subsection G of
Section 4 of this Act, determined in accordance with
paragraph (4) of subsection G of Section 4 of this Act;
(d) examining an offering sheet pursuant to
subsection P of Section 4 of this Act;
(e) filing a report pursuant to subsection P of
Section 4, determined in accordance with subsection P of
Section 4 of this Act;
(f) examining an application to register securities
under subsection B of Section 5 of this Act;
(g) examining an amended or supplemental prospectus
filed pursuant to the undertaking required by
sub-paragraph (i) of paragraph (2) of subsection B of
Section 5 of this Act;
(h) registering or renewing registration of
securities under Section 5, determined in accordance with
subsection C of Section 5 of this Act;
(i) registering securities in excess of the amount
initially registered, determined in accordance with
paragraph (2) of subsection C of Section 5 of this Act;
(j) failure to file timely an application for
renewal under subsection E of Section 5 of this Act;
(k) failure to file timely any document or
information required under Section 5 of this Act;
(l) examining an application to register face
amount certificate contracts under subsection B of
Section 6 of this Act;
(m) examining an amended or supplemental prospectus
filed pursuant to the undertaking required by
sub-paragraph (f) of paragraph (2) of subsection B of
Section 6 of this Act;
(n) registering or renewing registration of face
amount certificate contracts under Section 6 of this Act;
(o) amending a registration of face amount
certificate contracts pursuant to subsection E of Section
6 of this Act to add any additional series, type or class
of contract;
(p) failure to file timely an application for
renewal under subsection F of Section 6 of this Act;
(q) adding to or withdrawing from deposits with
respect to face amount certificate contracts pursuant to
subsection H of Section 6, a transaction charge payable
at the times and in the manner specified in subsection H
of Section 6 (which transaction charge shall be in
addition to the annual fee called for by subsection H of
Section 6 of this Act);
(r) failure to file timely any document or
information required under Section 6 of this Act;
(s) examining an application to register investment
fund shares under subsection B of Section 7 of this Act;
(t) examining an amended or supplemental prospectus
filed pursuant to the undertaking required by
sub-paragraph (f) of paragraph (2) of subsection B of
Section 7 of this Act;
(u) registering or renewing registration of
investment fund shares under Section 7 of this Act;
(v) amending a registration of investment fund
shares pursuant to subsection D of Section 7 of this Act
to register an additional class or classes of investment
fund shares;
(w) failure to file timely an application for
renewal under paragraph (l) of subsection G of Section 7
of this Act;
(x) examining an application for renewal of
registration of investment fund shares under paragraph
(2) of subsection G of Section 7 of this Act;
(y) failure to file timely any document or
information required under Section 7 of this Act;
(z) filing an application for registration or
re-registration of a dealer or limited Canadian dealer
under Section 8 of this Act for each office in this
State;
(aa) in connection with an application for the
registration or re-registration of a salesperson under
Section 8 or this Act, for the following purposes:
(i) filing an application;
(ii) a Securities Audit and Enforcement Fund
fee; and
(iii) a notification filing of federal covered
investment advisers;.
(bb) in connection with an application for the
registration or re-registration of an investment adviser
under Section 8 of this Act;
(cc) failure to file timely any document or
information required under Section 8 of this Act;
(dd) filing a consent to service of process under
Section 10 of this Act;
(ee) issuing a certificate pursuant to subsection B
of Section 15 of this Act;
(ff) issuing a certified copy pursuant to
subsection C of Section 15 of this Act;
(gg) issuing a non-binding statement pursuant to
Section 15a of this Act;.
(hh) filings by Notification under Section 2a;
(ii) notification filing of federal Regulation D,
Section 506 offering under the Federal 1933 Act;
(jj) notification filing of securities and
closed-end investment company securities;
(kk) notification filing of face amount certificate
contracts;
(ll) notification filing of open-end investment
company securities;
(mm) filing a report pursuant to subsection D of
Section 4 of this Act;
(nn) in connection with the filing of an
application for registration or re-registration of an
investment adviser representative under subsection D of
Section 8 of this Act.;
(2) The Secretary of State may, by rule or regulation,
raise or lower any fee imposed by, and which he or she is
authorized by law to collect under, this Act.
(Source: P.A. 90-70, eff. 7-8-97; revised 10-31-98.)
Section 292. The Residential Improvement Loan Act is
amended by changing Section 3 as follows:
(815 ILCS 135/3) (from Ch. 17, par. 5803)
Sec. 3. Such completion certificate shall be signed by
the obligor of the loan and by the contractor performing the
aforesaid work, shall be dated, and shall be in substantially
the following form:
COMPLETION CERTIFICATE
We, the undersigned, being respectively the obligor and
contractor, do hereby certify that the contractor has
performed labor or delivered materials or both to: (address
of property) ...., in connection with a contract to improve,
create an addition to, repair or remodel such property, and
that as of this date the value of the labor performed and
materials delivered is $....
We do further certify that in connection with such
contract there remains labor to be performed, and materials
to be delivered, of the value of $....
This Certificate is signed on (insert date). this ....
day of ...., 19...
.... (Obligor)
.... (Contractor)
(Source: Laws 1963, p. 3543; revised 10-20-98.)
Section 293. The Illinois Loan Brokers Act of 1995 is
amended by changing Sections 15-15 and 15-45 as follows:
(815 ILCS 175/15-15)
Sec. 15-15. Application for registration;, contents;,
bond;, issuance;, effective date;, and consent to Secretary
of State as process agent.
(a) In order to be registered under this Act a loan
broker shall file an application for registration with the
Secretary of State. The application for registration shall
contain:
(1) the disclosure document required under
subsection (b) of Section 15-30 of this Act and the form
of disclosure statement proposed to be used under item
(1) of subsection (b) of Section 15-30 of this Act;.
(2) consent to service of process under subsection
(e) of this Section;
(3) evidence of the bond required in subsection (b)
of this Section;
(4) a fee in the amount as specified in subsection
(a) of Section 15-25 of this Act, and shall not be
returnable in any event.
(b) A loan broker who engages in any loan brokerage
transactions where the loan is subject to the
Truth-in-Lending Act must maintain a bond satisfactory to the
Secretary of State in the amount of $25,000, which shall be
in favor of the State.
(c) Whenever the provisions of this Act Law have been
complied with, the Secretary of State shall issue a
certificate of registration to the applicant, authorizing the
applicant to engage in the business of loan brokering.
(d) An application for registration becomes effective 30
days after it is filed, unless a certificate of the Secretary
of State establishes an earlier effective date. Every
registration is effective until January 1 of the year after
it goes into effect.
(e) Every applicant for registration shall file with the
Secretary of State, in such form as the Secretary of State
may prescribe by rule or regulation, an irrevocable consent
appointing the Secretary of State to be the applicant's agent
to receive service of any lawful process in any noncriminal
suit, action or proceeding against the applicant arising from
the violation of any provision of this Act.
(f) An application shall be considered filed when all
required documentation and fees are received by the Office of
the Secretary of State.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
revised 10-31-98.)
(815 ILCS 175/15-45)
Sec. 15-45. Powers of Secretary of State; privilege
against self-incrimination; admissibility into evidence.
(a) The Secretary of State may do the following:
(1) Adopt rules and regulations to implement this
Act.
(2) Make investigations and examinations:
(A) in connection with any application for
registration of any loan broker or any registration
already granted; or
(B) whenever it appears to the Secretary of
State, upon the basis of a complaint or information,
that reasonable grounds exist for the belief that an
investigation or examination is necessary or
advisable for the more complete protection of the
interests of the public.
(3) Charge as costs of investigation or examination
all reasonable expenses, including a per diem prorated
upon the salary of any employee and actual traveling and
hotel expenses. All reasonable expenses are to be paid
by the party or parties under investigation or
examination.
(4) Issue notices and orders, including cease and
desist notices and orders, after making an investigation
or examination under item (2) of subsection (a) of this
Section. The Secretary of State may also bring an action
to prohibit a person from violating this Act. The
Secretary of State shall notify the person that an order
or notice has been issued, the reasons for it and that a
hearing will be set in accordance with the provisions of
the Illinois Administrative Procedure Act after the
Secretary of State receives a written request from the
person requesting a hearing.
(5) Sign all orders, official certifications,
documents or papers issued under this Act Law or delegate
the authority to sign any of those items to his or her
designee.
(6) Hold and conduct hearings.
(7) Hear evidence.
(8) Conduct inquiries with or without hearings.
Inquiries shall include oral and written requests for
information. A failure to respond to a written request
for information may be deemed a violation of this Act
and the Secretary of State may issue notices and orders,
including cease and desist notices and orders, against
the violators.
(9) Receive reports of investigators or other
officers or employees of the State of Illinois or any
municipal corporation or governmental subdivision within
the State.
(10) Administer oaths or cause them to be
administered.
(11) Subpoena witnesses and compel them to attend
and testify.
(12) Compel the production of books, records and
other documents.
(13) Order depositions to be taken of any witness
residing within or without the State. The depositions
shall be taken in the manner prescribed by law for
depositions in civil actions and made returnable to the
Secretary of State.
(b) If any person refuses to obey a subpoena issued
under this Act, the Secretary of State may make application
to any court of competent jurisdiction to order the person to
appear before the Secretary of State and produce documentary
evidence or give evidence as directed in the subpoena. The
failure to obey the order of the court shall be subject to
punishment by the court as contempt of court.
(c) No person shall be excused from complying with a
subpoena on the ground that the testimony or evidence
required may tend to incriminate the person or subject the
person to a penalty or forfeiture. No individual may be
prosecuted or subject to any penalty or forfeiture for or on
account of any transaction, matter or thing which the
individual is compelled to testify or produce evidence, after
claiming the privilege against self-incrimination. However,
the individual so testifying shall not be exempt from
prosecution and punishment for perjury committed in so
testifying.
(d) In any prosecution, action, suit or proceeding based
upon or arising out of this Act, the Secretary of State may
sign a certificate showing compliance or non-compliance with
this Act by any loan broker. This shall constitute prima
facie evidence of compliance or non-compliance with this Act
and shall be admissible in evidence in any court.
(e) Whenever it shall appear to the Secretary of State
that any person is engaged or about to engage in any acts or
practices which constitute or will constitute a violation of
this Act, or of any rule or regulation prescribed under
authority of this Act, the Secretary of State may at his or
her discretion, through the Attorney General:
(1) File a complaint and apply for a temporary
restraining order without notice, and upon a proper
showing the court may enter a temporary restraining order
without a bond, to enforce this Act.
(2) File a complaint and apply for a preliminary or
permanent injunction, and, after notice and hearing and
upon a proper showing, the court may grant a preliminary
or permanent injunction and may order the defendant to
make an offer of rescission with respect to any contract
for loan brokerage services determined by the court to be
unlawful under this Act.
(f) The court shall further have jurisdiction and
authority, in addition to the penalties and other remedies in
this Act provided, to enter an order for the appointment of
the court or a person as a receiver, conservator, ancillary
receiver or ancillary conservator for the defendant or the
defendant's assets located in this State, or to require
restitution, damages or disgorgement of profits on behalf of
the person or persons injured by the act or practice
constituting the subject matter of the action, and may assess
costs and attorneys fees against the defendant for the use of
the State.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
revised 10-31-98.)
Section 294. The Illinois Business Brokers Act of 1995
is amended by changing Section 10-10 as follows:
(815 ILCS 307/10-10)
Sec. 10-10. Registration of business brokers. Every
person engaging in the business of business brokering shall
be registered with the Office of the Secretary of State
pursuant to the provisions of this Act. Persons employed,
contracted by, or working on behalf of other persons who are
registered under this Act need not register separately;
provided that such non-registered employed or contracted
persons working for a business broker have been identified in
the registration submitted and proper fees, if any, are paid.
(a) In order to be registered under this Act, a business
broker shall file an application for registration with the
Secretary of State. The application for registration shall
contain, to the extent reasonably available to the applicant:
(1) the disclosure document required under
subsection (b) of Section 10-30 of this Act and the form
of disclosure statement proposed to be used under
subsection (b)(1) of Section 10-30 of this Act;.
(2) consent to service of process under subsection
(d) of this Section;
(3) a fee in the amount as provided for in
subsection (a) of Section 10-25 of this Act, and shall
not be returnable in any event; and
(4) any other information deemed necessary by the
Secretary of State as prescribed by rule or regulation.
(b) Whenever the provisions of this Act have been
complied with, the Secretary of State shall issue a
certificate of registration to the applicant, authorizing the
applicant to engage in the business of business brokering.
(c) An application for registration becomes effective 30
days after it is filed, unless an order of the Secretary of
State establishes an earlier effective date. Every
registration is effective until January 1 of the year after
it goes into effect.
(d) Every applicant for registration shall file with the
Secretary of State, in such form as the Secretary of State
may prescribe by rule or regulation, an irrevocable consent
appointing the Secretary of State to be the applicant's agent
to receive service of any process in any noncriminal suit,
action, or proceeding against the applicant arising from the
violation of any provision of this Act.
(e) The Secretary of State shall maintain a record,
which shall be open for public inspection, upon which shall
be entered the name and address of each business broker and
all orders of the Secretary of State denying, suspending, or
revoking registration. The Secretary of State may designate
by rule or order any statements, information, or reports
submitted to or filed with him or her pursuant to this Act
which the Secretary of State determines are of a sensitive
nature and therefore should be exempt from public disclosure.
Any statement, information, or reports determined by the
Secretary of State to be of a sensitive nature shall not be
disclosed to the public except upon consent of the person
filing or submitting the statement, information, or reports
or by order of a court or in court proceedings.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
revised 10-31-98.)
Section 295. The Cotton Duck or Canvas Act is amended by
changing Section 4 as follows:
(815 ILCS 330/4) (from Ch. 147, par. 48)
Sec. 4. It shall be unlawful for any person, firm or
corporation either individually or in any representative
capacity, to carry for sale, sell or endeavor to sell any
cotton duck or canvas as herein defined, or any articles
other than clothing and wearing apparel composed or made in
whole or in part of any cotton duck or canvas without having
marked thereon the true and correct weight of said canvas, or
cotton duck by ounces per yard, together with a description
by name of any filler or other preparations placed in or on
said cotton duck or canvas since its manufacture, or to
misstate, misrepresent or conceal the true weight of said
canvas or cotton duck by ounces per yard, or to misstate[,]
misrepresent or conceal the existence of any filler or other
preparation placed in or on said cotton duck or canvas since
its manufacture.
(Source: Laws 1917, p. 342; revised 10-31-98.)
Section 296. The Motor Vehicle Retail Installment Sales
Act is amended by changing Sections 18 and 21 as follows:
(815 ILCS 375/18) (from Ch. 121 1/2, par. 578)
Sec. 18. Each person, other than a seller or holder, who
signs a retail installment contract may be held liable only
to the extent that he actually receives the motor vehicle
described or identified in the contract, except that a parent
or spouse or any other person listed as an owner of the motor
vehicle on the Certificate of Title issued for the motor
vehicle who co-signs such retail installment contract may be
held liable to the full extent of the deferred payment price
notwithstanding such parent or spouse or any other person
listed as an owner has not actually received the motor
vehicle described or identified in the contract and except to
the extent such person other than a seller or holder, signs
in the capacity of a guarantor of collection.
The obligation of such guarantor is secondary, and not
primary. The obligation arises only after the seller or
holder has diligently taken all ordinary legal means to
collect the debt from the primary obligor, but has not
received full payment from such primary obligor or obligors,
or after the primary obligor has become insolvent, or service
of summons cannot be obtained on the primary obligor, or it
is otherwise apparent that it is useless to proceed against
the primary obligor.
No provisions in a retail installment contract obligating
such guarantor are is valid unless:
(1) there appears below the signature space
provided for such guarantor the following:
"I hereby guarantee the collection of the above
described amount upon failure of the seller named herein
to collect said amount from the buyer named herein."; and
(2) unless the guarantor, in addition to signing
the retail installment contract, signs a separate
instrument in the following form:
"EXPLANATION OF GUARANTOR'S OBLIGATION
You ........... (name of guarantor) by signing the
retail installment contract and this document are
agreeing that you will pay $......... (total deferred
payment price) for the purchase of ...........
(description of goods or services) purchased by
............ (name of buyer) from ........... (name of
seller).
Your obligation arises only after the seller or
holder has attempted through the use of the court system
to collect this amount from the buyer.
If the seller cannot collect this amount from the
buyer, you will be obligated to pay even though you are
not entitled to any of the goods or services furnished.
The seller is entitled to sue you in court for the
payment of the amount due."
The instrument must be printed, typed, or otherwise
reproduced in a size and style equal to at least 8 point bold
type, may contain no other matter (except a union printing
label) than above set forth and must bear the signature of
the co-signer and no other person. The seller must give the
co-signer a copy of the retail installment contract and a
copy of the co-signer statement.
(Source: P.A. 88-19; 89-650, eff. 1-1-97; revised 10-31-98.)
(815 ILCS 375/21) (from Ch. 121 1/2, par. 581)
Sec. 21. Notwithstanding the provisions of any other
statute,, for motor vehicle retail installment contracts
executed after September 25, the effective date of this
amendatory Act of 1981, there shall be no limit on the
finance charges which may be charged, collected, and
received.
(Source: P.A. 90-437, eff. 1-1-98; revised 3-2-98.)
Section 297. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Sections 4 and 19 as follows:
(815 ILCS 390/4) (from Ch. 21, par. 204)
Sec. 4. As used in this Act, the following terms shall
have the meaning specified:
A. (a) "Pre-need sales contract" or "Pre-need sales"
means any agreement or contract or series or combination of
agreements or contracts which have for a purpose the sale of
cemetery merchandise, cemetery services or undeveloped
interment, entombment or inurnment spaces where the terms of
such sale require payment or payments to be made at a
currently determinable time and where the merchandise,
services or completed spaces are to be provided more than 120
days following the initial payment on the account.
B. (b) "Delivery" occurs when:
(1) physical possession of the merchandise is
transferred or the easement for burial rights in a
completed space is executed, delivered and transferred to
the buyer; or
(2) title to the merchandise has been transferred
to the buyer and the merchandise has been paid for and is
in the possession of the seller who has placed it, until
needed, at the site of its ultimate use; or
(3) A. the merchandise has been permanently
identified with the name of the buyer or the beneficiary
and delivered to a licensed and bonded warehouse and both
title to the merchandise and a warehouse receipt have
been delivered to the purchaser or beneficiary. Nothing
herein shall prevent a seller from perfecting a security
interest in accordance with the Uniform Commercial Code
on any merchandise covered under this Act.
B. All warehouse facilities to which sellers
deliver merchandise pursuant to this Act shall:
(i) be either located in the State of Illinois
or qualify as a foreign warehouse facility as
defined herein;
(ii) submit to the Comptroller not less than
annually, by March 1 of each year, a report of all
cemetery merchandise stored by each licensee under
this Act which is in storage on the date of the
report;
(iii) permit the Comptroller or his designee
at any time to examine stored merchandise and to
examine any documents pertaining thereto;
(iv) submit evidence satisfactory to the
Comptroller that all merchandise stored by said
warehouse for licensees under this Act is insured
for casualty or other loss normally assumed by a
bailee for hire;
(v) demonstrate to the Comptroller that the
warehouse has procured and is maintaining a
performance bond in the form, content and amount
sufficient to unconditionally guarantee to the
purchaser or beneficiary the prompt shipment of the
cemetery merchandise.
C. "Cemetery merchandise" means items of personal
property normally sold by a cemetery authority not covered
under the Illinois Funeral or Burial Funds Act "An Act
concerning agreements for furnishing or delivery of personal
property, merchandise or services in connection with the
final disposition of dead human bodies and regulating use or
disposition of funds paid on said agreements and providing
penalties for violation thereof", approved July 14, 1955, as
amended, including but not limited to:
(1) memorials,
(2) markers,
(3) monuments, and
(4) foundations.
D. "Undeveloped interment, entombment or inurnment
interment spaces" or "undeveloped spaces" means any space to
be used for the reception of human remains that is not
completely and totally constructed at the time of initial
payment therefor therefore in a:
(1) lawn crypt,
(2) mausoleum,
(3) garden crypt,
(4) columbarium, or
(5) cemetery section.
E. "Cemetery services" means those services customarily
performed by a cemetery or crematory personnel in connection
with the interment, entombment, inurnment or cremation of a
dead human body.
F. "Cemetery section" means a grouping of spaces
intended to be developed simultaneously for the purpose of
interring human remains.
G. "Columbarium" means an arrangement of niches that may
be an entire building, a complete room, a series of special
indoor alcoves, a bank along a corridor or part of an outdoor
garden setting that is constructed of permanent material such
as bronze, marble, brick, stone or concrete for the inurnment
of human remains.
H. "Lawn crypt" means a permanent underground crypt
usually constructed of reinforced concrete or similar
material installed in multiple units for the interment of
human remains.
I. "Mausoleum" or "garden crypt" means a grouping of
spaces constructed of reinforced concrete or similar material
constructed or assembled above the ground for entombing human
remains.
J. "Memorials, markers and monuments" means the object
usually comprised of a permanent material such as granite or
bronze used to identify and memorialize the deceased.
K. "Foundations" means those items used to affix or
support a memorial or monument to the ground in connection
with the installation of a memorial, marker or monument.
L. "Person" means an individual, corporation,
partnership, joint venture, business trust, voluntary
organization or any other form of entity.
M. "Seller" means any person selling or offering for
sale cemetery merchandise, cemetery services or undeveloped
spaces on a pre-need basis.
N. "Religious cemetery" means mean a cemetery owned,
operated, controlled or managed by any recognized church,
religious society, association or denomination or by any
cemetery authority or any corporation administering, or
through which is administered, the temporalities of any
recognized church, religious society, association or
denomination.
O. "Municipal cemetery" means a cemetery owned,
operated, controlled or managed by any city, village,
incorporated town, township, county or other municipal
corporation, political subdivision, or instrumentality
thereof authorized by law to own, operate or manage a
cemetery.
P. "Sales price" means the gross amount paid by a
purchaser on a pre-need sales contract for cemetery
merchandise, cemetery services or undeveloped interment,
entombment or inurnment spaces, excluding sales taxes, credit
life insurance premiums, finance charges and "Cemetery Care
Act" contributions.
Q. "Foreign warehouse facility" means a warehouse
facility now or hereafter located in any state or territory
of the United States, including the District of Columbia,
other than the State of Illinois.
A foreign warehouse facility shall be deemed to have
appointed the Comptroller to be its true and lawful attorney
upon whom may be served all legal process in any action or
proceeding against it relating to or growing out of this Act,
and the acceptance of the delivery of stored merchandise
under this Act shall be signification of its agreement that
any such process against it which is so served, shall be of
the same legal force and validity as though served upon it
personally.
Service of such process shall be made by delivering to
and leaving with the Comptroller, or any agent having charge
of the Comptroller's Department of Cemetery and Burial
Trusts, a copy of such process and such service shall be
sufficient service upon such foreign warehouse facility if
notice of such service and a copy of the process are, within
10 days thereafter, sent by registered mail by the plaintiff
to the foreign warehouse facility at its principal office and
the plaintiff's affidavit of compliance herewith is appended
to the summons. The Comptroller shall keep a record of all
process served upon him under this Section and shall record
therein the time of such service.
(Source: P.A. 85-1209; revised 10-31-98.)
(815 ILCS 390/19) (from Ch. 21, par. 219)
Sec. 19. (a) The construction or development of
undeveloped interment, entombment or inurnment spaces shall
be commenced on that phase, section or sections of
undeveloped ground or section of lawn crypts, mausoleums,
garden crypts, columbariums or cemetery spaces in which sales
are made within 3 years of the date of the first such sale.
The seller shall give written notice to the Comptroller no
later than 30 days after the first sale. Such notice shall
include a description of the project. Once commenced,
construction or development shall be pursued diligently to
completion. The construction must be completed within 6
years of the first sale. If construction or development is
not commenced or completed within the times specified herein,
any purchaser may surrender and cancel the contract and upon
cancellation shall be entitled to a refund of the actual
amounts paid toward the purchase price plus interest
attributable to such amount earned while in trust; provided
however that any delay caused by strike, shortage of
materials, civil disorder, natural disaster or any like
occurrence beyond the control of the seller shall extend the
time of such commencement and completion by the length of
such delay.
(b) At any time within 12 months of a purchaser's
entering into a pre-need contract for undeveloped interment,
entombment or inurnment spaces, a purchaser may surrender and
cancel his contract and upon cancellation shall be entitled
to a refund of the actual amounts paid toward the purchase
price plus interest attributable to such amount earned while
in trust. Notwithstanding the foregoing, the cancellation
and refund rights specified in this paragraph shall terminate
as of the date the seller commences construction or
development of the phase, section or sections of undeveloped
spaces in which sales are made. After the rights of
cancellation and refund specified herein have terminated, if
a purchaser defaults in making payments under the pre-need
contract, the seller shall have the right to cancel the
contract and withdraw from the trust fund the entire balance
to the credit of the defaulting purchaser's account as
liquidated damages. In such event, the trustee shall deliver
said balance to the seller upon its certification, and upon
receiving said certification the trustee may rely thereon and
shall not be liable to anyone for such reliance.
(c) During the construction or development of interment,
entombment or inurnment spaces, upon the sworn certification
by the seller and the contractor to the trustee, the trustee
shall disburse from the trust fund the amount equivalent to
the cost of performed labor or delivered materials as
certified. Said certification shall be substantially in the
following form:
We, the undersigned, being respectively the Seller and
Contractor, do hereby certify that the Contractor has
performed labor or delivered materials or both to: (address
of property) .........., in connection with a contract to
.........., and that as of this date the value of the labor
performed and materials delivered is $.......
We do further certify that in connection with such
contract there remains labor to be performed, and materials
to be delivered, of the value of $........
This Certificate is signed (insert date). this ... day of
......, 19 ...
............ ............
Seller Contractor
A person who executes and delivers a completion
certificate with actual knowledge of a falsity contained
therein shall be considered in violation of this Act and
subject to the penalties contained herein.
(d) Except as otherwise authorized by this Section,
every seller of undeveloped spaces shall provide facilities
for temporary interment, entombment or inurnment for
purchasers or beneficiaries of contracts who die prior to
completion of the space. Such temporary facilities shall be
constructed of permanent materials, and, insofar as
practical, be landscaped and groomed to the extent customary
in the cemetery industry in that community. The heirs,
assigns or personal representative of a purchaser or
beneficiary shall not be required to accept temporary
underground interment spaces where the undeveloped space
contracted for was an above ground entombment or inurnment
space. In the event that temporary facilities as described
in this paragraph are not made available, upon the death of a
purchaser or beneficiary, the heirs, assigns, or personal
representative is entitled to a refund of the entire sales
price paid plus undistributed interest attributable to such
amount while in trust.
(e) If the seller delivers a completed space acceptable
to the heirs, assigns or personal representative of a
purchaser or beneficiary, other than the temporary facilities
specified herein, in lieu of the undeveloped space purchased,
the seller shall provide the trustee with a delivery
certificate and all sums deposited under the pre-need sales
contract, including the undistributed income, shall be paid
to the seller.
(f) Upon completion of the phase, section or sections of
the project as certified to the trustee by the seller and the
contractor, the trust fund requirements set forth herein
shall terminate and all funds held in the preconstruction
trust fund attributable to the completed phase, section or
sections, including interest accrued thereon, shall be
returned to the seller.
(g) This Section shall not apply to the sale of
undeveloped spaces if there has been any such sale in the
same phase, section or sections of the project prior to the
effective date of this Act.
(Source: P.A. 84-239; revised 10-20-98.)
Section 298. The Platinum Sales Act is amended by
changing Section 4 as follows:
(815 ILCS 395/4) (from Ch. 121 1/2, par. 141)
Sec. 4. (a) All quality marks applied to any article
shall be equal in size and equally visible, legible, clear,
and distinct and no quality mark which is false, deceptive or
misleading shall be applied to any article or to any
descriptive device therefor. No more than one quality mark
shall be applied to any article and such quality mark shall
be applied to such article in only one place thereon except
as elsewhere in this Act specifically permitted.
(b) Wherever in this Act provision is made for marking
the number of parts or percentage of metals such number or
percentage shall refer to weight and not to volume,
thickness, or any other basis.
(Source: Laws 1927, p. 783; revised 10-31-98.)
Section 299. The Retail Installment Sales Act is amended
by changing Section 21 as follows:
(815 ILCS 405/21) (from Ch. 121 1/2, par. 521)
Sec. 21. (a) If, in a retail installment transaction, a
buyer makes any subsequent purchase of goods or services from
a seller from whom he has previously purchased goods or
services under one or more retail installment contracts, and
the amounts under the previous contract or contracts have not
been fully paid, the subsequent purchases may, at the
seller's option, be included in and consolidated with one or
more of the previous contracts. Each subsequent purchase must
be evidenced by a separate retail installment contract under
this Act, notwithstanding that the purchase may be included
in and consolidated with one or more of those in the previous
contracts. All of the provisions of this Act with respect to
retail installment contracts apply to these subsequent
purchases except as otherwise provided in this Section. If
installment purchases are consolidated, the seller may,
instead of having the buyer execute a retail installment
contract for each subsequent purchase as provided in this
Act, prepare a written memorandum of each subsequent
purchase, in which case Sections 3 and 14 and paragraph (a)
of Section 5 do not apply. Unless previously furnished in
writing to the buyer by the seller, by sales slip, memoranda
or otherwise, the memorandum must set forth with respect to
each subsequent purchase the following:
(1) all items of disclosure required by Section 5
of this Act for a retail installment contract; and
(2) the outstanding balance of the previous
contract or contracts;
(3) the consolidated balance;
(4) the deferred payment price of the subsequent
purchase; and
(5) the revised Total of Payments applicable to the
previous contract or contracts and the subsequent
purchase.
The seller must deliver to the buyer a copy of this
memorandum before the due date of the first installment under
the consolidated contract.
(Source: P.A. 90-437, eff. 1-1-98; revised 10-31-98.)
Section 300. The Travel Promotion Consumer Protection
Act is amended by changing Sections 1 and 2 as follows:
(815 ILCS 420/1) (from Ch. 121 1/2, par. 1851)
Sec. 1. Short title. This Act shall be known and may be
cited as the Travel Promotion Consumer Protection Act".
(Source: P.A. 85-995; revised 10-31-98.)
(815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
Sec. 2. Definitions.
(a) "Travel promoter" means a person, including a tour
operator, who sells, provides, furnishes, contracts for,
arranges or advertises that he or she will arrange wholesale
or retail transportation by air, land, sea or navigable
stream, either separately or in conjunction with other
services. "Travel promoter" does not include (1) an air
carrier; (2) a sea carrier; (3) an officially appointed agent
of an air carrier who is a member in good standing of the
Airline Reporting Corporation; or (4) a travel promoter who
has in force $1,000,000 or more of liability insurance
coverage for professional errors and omissions and a surety
bond or equivalent surety in the amount of $100,000 or more
for the benefit of consumers in the event of a bankruptcy on
the part of the travel promoter; or (5) a riverboat subject
to regulation under the Riverboat Gambling Act.
(b) "Advertise" means to make any representation in the
solicitation of passengers and includes communication with
other members of the same partnership, corporation, joint
venture, association, organization, group or other entity.
(c) "Passenger" means a person on whose behalf money or
other consideration has been given or is to be given to
another, including another member of the same partnership,
corporation, joint venture, association, organization, group
or other entity, for travel.
(d) "Ticket or voucher" means a writing or combination
of writings which is itself good and sufficient to obtain
transportation and other services for which the passenger has
contracted.
(Source: P.A. 88-260; revised 10-31-98.)
Section 302. The Business Opportunity Sales Law of 1995
is amended by changing Sections 5-5.10 and 5-45 as follows:
(815 ILCS 602/5-5.10)
Sec. 5-5.10. Business opportunity.
(a) "Business opportunity" means a contract or
agreement, between a seller and purchaser, express or
implied, orally or in writing, wherein it is agreed that the
seller or a person recommended by the seller shall provide to
the purchaser any product, equipment, supplies or services
enabling the purchaser to start a business when the purchaser
is required to make a payment to the seller or a person
recommended by the seller of more than $500 and the seller
represents directly or indirectly, orally or in writing,
that:
(1) the seller or a person recommended by the
seller will provide or assist the purchaser in finding
locations for the use or operation of vending machines,
racks, display cases or other similar devices, on
premises neither owned nor leased by the purchaser or
seller;
(2) the seller or a person recommended by the
seller will provide or assist the purchaser in finding
outlets or accounts for the purchaser's products or
services;
(3) the seller or a person specified by the seller
will purchase any or all products made, produced,
fabricated, grown, bred or modified by the purchaser;
(4) the seller guarantees that the purchaser will
derive income from the business which exceeds the price
paid to the seller;
(5) the seller will refund all or part of the price
paid to the seller, or repurchase any of the products,
equipment or supplies provided by the seller or a person
recommended by the seller, if the purchaser is
dissatisfied with the business; or
(6) the seller will provide a marketing plan,
provided that this Law shall not apply to the sale of a
marketing plan made in conjunction with the licensing of
a federally registered trademark or federally registered
service mark.
(b) "Business opportunity" does not include:
(1) any offer or sale of an ongoing business
operated by the seller and to be sold in its entirety;
(2) any offer or sale of a business opportunity to
an ongoing business where the seller will provide
products, equipment, supplies or services which are
substantially similar to the products, equipment,
supplies or services sold by the purchaser in connection
with the purchaser's ongoing business;
(3) any offer or sale of a business opportunity
which is a franchise as defined by the Franchise
Disclosure Act of 1987;
(4) any offer or sale of a business opportunity
which is registered pursuant to the Illinois Securities
Law of 1953;
(5) any offer or sale of a business opportunity
which involves a marketing plan made in conjunction with
the licensing of a federally registered trademark or
federally registered service mark provided that the
seller had a minimum net worth of $1,000,000 as
determined on the basis of the seller's most recent
audited financial statement prepared within 13 months of
the first offer in this State. Net worth may be
determined on a consolidated basis where the seller is at
least 80% owned by one person and that person expressly
guarantees the obligations of the seller with regard to
the offer or sale of any business opportunity claimed to
be excluded under this item; or
(6) any offer or sale of a business opportunity by
an executor, administrator, sheriff, marshal, receiver,
trustee in bankruptcy, guardian or conservator or a
judicial offer or sale, of a business opportunity; or.
(7) cash payments made by a purchaser not exceeding
$500 and the payment is made for the not-for-profit sale
of sales demonstration equipment, material or samples, or
the payment is made for product inventory sold to the
purchaser at a bona fide wholesale price.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
revised 10-31-98.)
(815 ILCS 602/5-45)
Sec. 5-45. Denial, suspension, or revocation of
registration.
(a) The Secretary of State may issue an order denying
effectiveness to, or suspending or revoking the effectiveness
of, a registration if the Secretary of State finds that the
order is in the public interest and that any of the following
exist:
(1) The registration as of its effective date or as
of any earlier date in the case of an order denying
effectiveness, or any amendment as of its effective date,
or any report is incomplete in any material respect or
contains any statement which was, in the light of the
circumstances under which it was made, false or
misleading with respect to any material fact.
(2) Any provision of this Law or any rule,
regulation, order, or condition lawfully imposed under
this Law has been willfully violated, in connection with
the business opportunity:
(A) by the person filing the registration; or
(B) by the seller, any partner, officer, or
director of the seller, any person occupying a
similar status or performing similar functions, or
any person directly or indirectly controlling or
controlled by the seller, but only if the person
filing the registration is directly or indirectly
controlled by or acting for the seller.
(3) The business opportunity registered or sought
to be registered is the subject of an administrative
order denying, suspending or revoking a registration or a
permanent or temporary injunction or final order of any
court of competent jurisdiction; but the Secretary of
State:
(A) may not institute a proceeding against an
effective registration under this paragraph more
than one year from the date of the order or
injunction relied on; and
(B) may not enter an order under this
paragraph on the basis of an order or injunction
entered under any other State Act unless that order
or injunction was based on facts which would
currently constitute a ground for an order under
this Section.
(4) The seller's enterprise or method of business,
or that of the business opportunity, includes or would
include activities which are illegal where performed.
(5) The business opportunity or the offering of a
business opportunity has worked or tended to work a fraud
upon purchasers or would so operate.
(6) There has been a failure to file any documents
or information required by Section 5-30 of this Law.;
(7) The seller has failed to pay the proper filing
fee but the Secretary of State may enter only a denial
order under this paragraph and the Secretary of State
shall vacate any such order when the deficiency has been
corrected.
(8) The seller's literature or advertising is
misleading, incorrect, incomplete or deceptive.
(b) The Secretary of State may not institute a
proceeding under this Section against an effective
registration on the basis of a fact or transaction known to
the Secretary of State when the registration became effective
unless the proceeding is instituted within the next 30 days.
(c) The Secretary of State may by summary order postpone
or suspend the effectiveness of the registration pending
final determination of any proceeding under this Section.
Upon the entry of the order, the Secretary of State shall
promptly notify the seller that the order has been entered
and of the reasons therefor and that within 15 days after the
receipt of a written request the matter will be set down for
hearing. The written request must be made within 30 days of
the entry of the order. If no hearing is requested and none
is ordered by the Secretary of State, the order will remain
in effect until it is modified or vacated by the Secretary of
State. If a hearing is requested or ordered, the Secretary of
State, after notice of an opportunity for hearing to the
seller, may modify or vacate the order or extend it until
final determination.
(d) No summary order may be entered under any part of
this Section, except the first sentence of subsection (c) of
this Section, without appropriate prior notice to the seller,
opportunity for hearing, and written findings of fact and
conclusions of law.
(e) The Secretary of State may vacate or modify an order
issued under this Section if the Secretary of State finds
that the conditions which prompted its entry have changed or
that it is otherwise in the public interest to do so.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
revised 10-31-98.)
Section 303. The Credit Services Organization Act is
amended by changing Section 6 as follows:
(815 ILCS 605/6) (from Ch. 121 1/2, par. 2106)
Sec. 6. Before the execution of a contract or other form
of agreement between a buyer and a credit services
organization or before the receipt by any such organization
of money or other valuable consideration, whichever occurs
first, such organization shall provide the buyer with a
statement, in writing, containing the following:
(1) a complete and accurate statement of the
buyer's right to review any file on the buyer maintained
by a consumer reporting agency, as provided under the
Fair Credit Reporting Act (15 U.S.C. Section 1681 et
seq.);
(2) a statement that the buyer may review his
consumer reporting agency file at no charge if a request
therefor therefore is made to such agency within 30
thirty days after receipt by the buyer of notice that
credit has been denied and if such request is not made
within the allotted time, the approximate charge to the
buyer for such review;
(3) a complete and accurate statement of the
buyer's right to dispute the completeness or accuracy of
any item contained in any file on the buyer maintained by
a consumer reporting agency;
(4) a complete and detailed description of the
services to be performed by the credit services
organization and the total cost to the buyer for such
services;
(5) a statement notifying the buyer that: (i)
credit reporting agencies have no obligation to remove
information from credit reports unless the information is
erroneous, cannot be verified or is more than 7 years
old; and (ii) credit reporting agencies have no
obligation to remove information concerning bankruptcies
unless such information is more than 10 years old;
(6) a statement asserting the buyer's right to
proceed against the surety bond required under Section
10; and
(7) the name and business address of any such
surety company together with the name and the number of
the account.
The credit services organization shall maintain on file,
for a period of 2 two years after the date the statement is
provided, an exact copy of the statement, signed by the
buyer, acknowledging receipt of the statement.
(Source: P.A. 85-1384; revised 10-31-98.)
Section 304. The Personnel Record Review Act is amended
by changing Section 9 as follows:
(820 ILCS 40/9) (from Ch. 48, par. 2009)
Sec. 9. (1) An employer shall not gather or keep a
record of an employee's associations, political activities,
publications, communications or nonemployment activities,
unless the employee submits the information in writing or
authorizes the employer in writing to keep or gather the
information. This prohibition shall not apply to the
activities that occur on the employer's premises or during
the employee's working hours with that employer which
interfere with the performance of the employee's duties or
the duties of other employees or activities, regardless of
when and where occurring, which constitute criminal conduct
or may reasonably be expected to harm the employer's
property, operations or business, or could by the employee's
action cause the employer financial liability. A record
which is kept by the employer as permitted under this Section
shall be part of the personnel record.
(Source: P.A. 83-1104; revised 10-31-98.)
Section 305. The Minimum Wage Law is amended by changing
Section 3 as follows:
(820 ILCS 105/3) (from Ch. 48, par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means the Director of the Department of
Labor, and "Department" means the Department of Labor.
(b) "Wages" means compensation due to an employee by
reason of his employment, including allowances determined by
the Director in accordance with the provisions of this Act
for gratuities and, when furnished by the employer, for meals
and lodging actually used by the employee.
(c) "Employer" includes any individual, partnership,
association, corporation, business trust, governmental or
quasi-governmental body, or any person or group of persons
acting directly or indirectly in the interest of an employer
in relation to an employee, for which one or more persons are
gainfully employed on some day within a calendar year. An
employer is subject to this Act in a calendar year on and
after the first day in such calendar year in which he employs
one or more persons, and for the following calendar year.
(d) "Employee" includes any individual permitted to work
by an employer in an occupation, but does not include any
individual permitted to work:
(1) For an employer employing fewer than 4
employees exclusive of the employer's parent, spouse or
child or other members of his immediate family.
(2) As an employee employed in agriculture or
aquaculture (A) if such employee is employed by an
employer who did not, during any calendar quarter during
the preceding calendar year, use more than 500 man-days
of agricultural or aquacultural labor, (B) if such
employee is the parent, spouse or child, or other member
of the employer's immediate family, (C) if such employee
(i) is employed as a hand harvest laborer and is paid on
a piece rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid
on a piece rate basis in the region of employment, (ii)
commutes daily from his permanent residence to the farm
on which he is so employed, and (iii) has been employed
in agriculture less than 13 weeks during the preceding
calendar year, (D) if such employee (other than an
employee described in clause (C) of this subparagraph):
(i) is 16 years of age or under and is employed as a hand
harvest laborer, is paid on a piece rate basis in an
operation which has been, and is customarily and
generally recognized as having been, paid on a piece rate
basis in the region of employment, (ii) is employed on
the same farm as his parent or person standing in the
place of his parent, and (iii) is paid at the same piece
rate as employees over 16 are paid on the same farm.
(3) In domestic service in or about a private home.
(4) As an outside salesman.
(5) As a member of a religious corporation or
organization.
(6) At an accredited Illinois college or university
employed by the college or university at which he is a
student who is covered under the provisions of the Fair
Labor Standards Act of 1938, as heretofore or hereafter
amended".
(7) For a motor carrier and with respect to whom
the U.S. Secretary of Transportation has the power to
establish qualifications and maximum hours of service
under the provisions of Title 49 U.S.C. or the State of
Illinois under Section 18b-105 (Title 92 of the Illinois
Administrative Code, Part 395 - Hours of Service of
Drivers) of the Illinois Vehicle Code.
The above exclusions from the term "employee" may be
further defined by regulations of the Director.
(e) "Occupation" means an industry, trade, business or
class of work in which employees are gainfully employed.
(f) "Gratuities" means voluntary monetary contributions
to an employee from a guest, patron or customer in connection
with services rendered.
(g) "Outside salesman" means an employee regularly
engaged in making sales or obtaining orders or contracts for
services where a major portion of such duties are performed
away from his employer's place of business.
(Source: P.A. 88-594, eff. 8-26-94; revised 10-31-98.)
Section 306. The Wages of Women and Minors Act is
amended by changing Sections 1 and 5.1 as follows:
(820 ILCS 125/1) (from Ch. 48, par. 198.1)
Sec. 1. As used in this Act:
"Department" means the Department of Labor.
"Director" means the Director of the Department of Labor.
"Wage Board" means a board created as provided in Section
5 of this Act.
"Woman" means a female of 18 years or over.
"Minor" means a person under the age of 18 years.
"Occupation" means an industry, trade or business or
branch thereof or class of work therein in which women or
minors are gainfully employed, but does not include domestic
service in the home of the employer or labor on a farm.
"An oppressive and unreasonable wage" means a wage which
is both less than the fair and reasonable value of the
services rendered and less than sufficient to meet the
minimum cost of living necessary for health.
"A fair wage" means a wage fairly and reasonably
commensurate with the value of the services or class of
service rendered. In establishing a minimum fair wage for any
service or class of service under this Act the Department and
the wage board without being bound by any technical rules of
evidence or procedure (1) may take into account all relevant
circumstances affecting the value of the service or class of
service rendered, and (2) may be guided by like
considerations as would guide a court in a suit for the
reasonable value of services rendered where services are
rendered at the request of an employer without contract as to
the amount of the wage to be paid, and (3) may consider the
wages paid in the State for work of like or comparable
character by employers who voluntarily maintain minimum fair
wage standards.
"A directory order" means an order the nonobservance of
which may be published as provided in Section 9 of this Act.
"A mandatory order" means an order the violation of which
is subject to the penalties prescribed in paragraph 2 of
Section 15 of this Act.
(Source: P.A. 77-2802; revised 10-31-98.)
(820 ILCS 125/5.1) (from Ch. 48, par. 198.5)
Sec. 5.1. Wage board.
1. A wage board shall be composed of not more than 2
representatives of the employers in any occupation or
occupations, an equal number of representatives of the
employees in such occupation or occupations and of one
disinterested person representing the public, who shall be
designated as chairman. The director shall appoint the
members of such wage board, the representatives of the
employers and employees to be selected so far as practicable
from nominations submitted by employers and employees in such
occupation or occupations. A majority of the members of such
wage board shall constitute a quorum and the recommendations
or report of such wage board shall require a vote of not less
than a majority of all its members. Members of a wage board
shall serve without pay, but may be reimbursed for necessary
traveling expenses. The Department shall make and establish
from time to time rules and regulations governing the
selection of a wage board and its mode of procedure not
inconsistent with this Act.
2. A wage board shall have power to administer oaths and
to require by subpoena the attendance and testimony of
witnesses, the production of all books, records, and other
evidence relative to any matters under investigation. Such
subpoenas shall be signed and issued by a member of the wage
board and may be served by any person of full age. Any
circuit court upon application of any member of a wage board
may, in its discretion, compel the attendance of witnesses
and giving of testimony and the production of books, records
and other evidence by attachment for contempt or otherwise in
the same manner as production of evidence may be compelled
before the court. A wage board shall have power to cause
depositions of witnesses residing within or without the State
to be taken in the manner prescribed for like depositions in
civil actions in the circuit court.
3. The Department shall present to a wage board promptly
upon its organization all the evidence and information in its
possession relating to the wages of women and minor workers
in the occupation or occupations for which the wage board was
appointed and all other information which the Department
deems relevant to the establishment of a minimum fair wage
for such women and minors, and shall cause to be brought
before the committee any witnesses deemed material. A wage
board may summon other witnesses or call upon the Department
to furnish additional information to aid it in its
deliberation.
4. Within 60 days of its organization a wage board shall
submit a report including its recommendations as to minimum
fair wage standards for the women or minors in the occupation
or occupations the wage standards of which the wage board was
appointed to investigate. If its report is not submitted
within such time the Department may constitute a new wage
board.
5. A wage board may differentiate and classify
employments in any occupation according to the nature of the
service rendered and recommend appropriate minimum fair rates
for different employments. A wage board may also recommend
minimum fair wage rates varying with localities if in the
judgment of the wage board conditions make such local
differentiation proper and do not effect an unreasonable
discrimination against any locality.
6. A wage board may recommend a suitable scale of rates
for learners and apprentices in any occupation or
occupations, which scale of learners' and apprentices' rates
may be less than the regular minimum fair wage rates
recommended for experienced women or minor workers in such
occupation or occupations.
(Source: P.A. 83-334; revised 10-31-98.)
Section 307. The Personal Service Wage Refund Act is
amended by changing Section 3 as follows:
(820 ILCS 165/3) (from Ch. 48, par. 216c)
Sec. 3. The provisions of this Act shall not apply as to
any deduction made by employers under any title of the
"Social Security Act", or the Illinois "Unemployment
Insurance Compensation Act", or as to any contributions made
by employees for hospitalization, sick benefit plans,
insurance, savings plans, credit unions, employees' social
and recreational clubs, or union dues, pursuant to any
agreement, or to any pension fund.
(Source: Laws 1941, vol. 1, p. 658; revised 10-31-98.)
Section 308. The Child Labor Law is amended by changing
Section 1 as follows:
(820 ILCS 205/1) (from Ch. 48, par. 31.1)
Sec. 1. No minor under 16 years of age, except minors 14
or 15 years of age who are participating in federally funded
work experience career education programs under the direction
of the State Board of Education, at any time shall be
employed, permitted or allowed to work in any gainful
occupation in connection with any theater, concert hall or
place of amusement, or any mercantile institution, store,
office, hotel, laundry, manufacturing establishment, mill,
cannery, factory or workshop, restaurant, lunchroom lunch
rooms, beauty parlor parlors, barber shop, bakery bakeries,
or coal, brick or lumber yard, or in any type of construction
work within this State; however, minors between 14 and 16
years of age may be employed, permitted, or allowed to work
outside school hours and during school vacations but not in
dangerous or hazardous factory work or in any occupation
otherwise prohibited by law or by order or regulation made in
pursuance of law. No minor under 12 years of age, except
members of the farmer's farmers own family who live with the
farmer at his principal place of residence, at any time shall
be employed, permitted or allowed to work in any gainful
occupation in connection with agriculture, except that any
minor of 10 years of age or more may be permitted to work in
a gainful occupation in connection with agriculture during
the school vacations or outside of school hours.
(Source: P.A. 84-551; revised 10-31-98.)
Section 309. The Toxic Substances Disclosure to
Employees Act is amended by changing Section 11 as follows:
(820 ILCS 255/11) (from Ch. 48, par. 1411)
Sec. 11. (a) Any person, including any supplier, importer
or manufacturer, who sells any toxic substance within the
State of Illinois must provide the buyer, within 30 days of
the date of receipt, with a material safety data sheet for
the toxic substance and must label the container with the
chemical name and appropriate hazard warning. The person
selling the toxic substance need not provide more than one
material safety data sheet for a single toxic substance to a
single buyer, unless such buyer requests a second or
subsequent material safety data sheet for the toxic
substance, in which case the seller shall provide a copy of
the material safety data sheet to the buyer within 30 days of
receipt of such request.
(b) This Section shall become effective with respect to
any toxic substance upon filing, unless a later effective
date is specified in the rule, pursuant to Section 4(e).
(Source: P.A. 83-240; revised 10-31-98.)
Section 310. The Unemployment Insurance Act is amended
by changing Section 2105 as follows:
(820 ILCS 405/2105) (from Ch. 48, par. 665)
Sec. 2105. Local Employment Assistance Fund. There is
created a fund to be known as the Local Employment Assistance
Fund, to be held by the Director.
The Local Employment Assistance Fund shall be used to the
extent determined necessary by the Director to pay:
(1) benefits to persons unemployed as a result of
natural disaster or foreign trade displacement; and
(2) transportation or other immediate immediately
expense incurred by job training program participants.
Local Accounts for such purposes may be established by
the Director.
Expenditures from the Local Employment Assistance Fund
shall be made in accordance with applicable program
provisions and shall be limited to those purposes and amounts
specified under applicable program guidelines.
No expenditure from the Local Employment Assistance Fund
shall be made for purposes which are properly chargeable to
appropriations for the following objects: personal services;
extra help; State contributions to retirement system;, State
contributions to Social Security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of auto equipment; telecommunications services;
library books; and refunds.
Deposits into the Local Employment Assistance Fund shall
consist only of amounts received from public or private
sources for the purposes of this Section.
Disbursements from the Local Employment Assistance Fund
shall be made upon the order of the Director. The Director
may invest amounts in the Local Employment Assistance Fund,
not immediately required for expenditure, in certificates of
deposit or other interest bearing accounts. Any interest
earned shall be deposited at least quarterly in the General
Revenue Fund.
(Source: P.A. 83-1309; revised 10-31-98.)
(P.A. 90-590, Sec. 2001-55 rep.)
Section 311. Section 2001-55 of the Juvenile Justice
Reform Provisions of 1998 (Public Act 90-590), which is being
moved into the Juvenile Court Act of 1987 (as 705 ILCS
405/1-18), is repealed.
Section 996. 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.
Section 997. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.18
5 ILCS 80/4.19 rep.
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
5 ILCS 100/5-80 from Ch. 127, par. 1005-80
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 312/2-104 from Ch. 102, par. 202-104
5 ILCS 312/3-106 from Ch. 102, par. 203-106
5 ILCS 340/3 from Ch. 15, par. 503
5 ILCS 340/7 from Ch. 15, par. 507
5 ILCS 375/10 from Ch. 127, par. 530
10 ILCS 5/2A-27 from Ch. 46, par. 2A-27
10 ILCS 5/4-6.1 from Ch. 46, par. 4-6.1
10 ILCS 5/4-8 from Ch. 46, par. 4-8
10 ILCS 5/4-9 from Ch. 46, par. 4-9
10 ILCS 5/4-10 from Ch. 46, par. 4-10
10 ILCS 5/4-12 from Ch. 46, par. 4-12
10 ILCS 5/4-23 from Ch. 46, par. 4-23
10 ILCS 5/5-7 from Ch. 46, par. 5-7
10 ILCS 5/5-9 from Ch. 46, par. 5-9
10 ILCS 5/5-15 from Ch. 46, par. 5-15
10 ILCS 5/5-29.01 from Ch. 46, par. 5-29.01
10 ILCS 5/6-29 from Ch. 46, par. 6-29
10 ILCS 5/6-35 from Ch. 46, par. 6-35
10 ILCS 5/6-44 from Ch. 46, par. 6-44
10 ILCS 5/6-67.01 from Ch. 46, par. 6-67.01
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-10.1 from Ch. 46, par. 7-10.1
10 ILCS 5/7-24 from Ch. 46, par. 7-24
10 ILCS 5/7-34 from Ch. 46, par. 7-34
10 ILCS 5/7-53 from Ch. 46, par. 7-53
10 ILCS 5/8-8 from Ch. 46, par. 8-8
10 ILCS 5/9-1.7 from Ch. 46, par. 9-1.7
10 ILCS 5/10-6.2 from Ch. 46, par. 10-6.2
10 ILCS 5/12-1 from Ch. 46, par. 12-1
10 ILCS 5/14-4 from Ch. 46, par. 14-4
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/17-10 from Ch. 46, par. 17-10
10 ILCS 5/17-17 from Ch. 46, par. 17-17
10 ILCS 5/17-23 from Ch. 46, par. 17-23
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/24-1.1 from Ch. 46, par. 24-1.1
10 ILCS 5/24A-3 from Ch. 46, par. 24A-3
10 ILCS 5/24B-3
15 ILCS 305/5 from Ch. 124, par. 5
15 ILCS 335/14B from Ch. 124, par. 34B
15 ILCS 405/14 from Ch. 15, par. 214
20 ILCS 301/15-45
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 415/8c from Ch. 127, par. 63b108c
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/9.8 from Ch. 23, par. 5009.8
20 ILCS 605/46.6a from Ch. 127, par. 46.6a
20 ILCS 605/46.19e from Ch. 127, par. 46.19e
20 ILCS 605/46.32a from Ch. 127, par. 46.32a
20 ILCS 620/9 from Ch. 67 1/2, par. 1009
20 ILCS 655/8 from Ch. 67 1/2, par. 612
20 ILCS 665/4 from Ch. 127, par. 200-24
20 ILCS 700/2003 from Ch. 127, par. 3702-3
20 ILCS 801/1-15
20 ILCS 1005/44a from Ch. 127, par. 44a
20 ILCS 1110/8 from Ch. 96 1/2, par. 4108
20 ILCS 1130/5 from Ch. 111 1/2, par. 6805
20 ILCS 1205/17 from Ch. 17, par. 118
20 ILCS 1605/21 from Ch. 120, par. 1171
20 ILCS 1605/24 from Ch. 120, par. 1174
20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4
20 ILCS 1705/18.1 from Ch. 91 1/2, par. 100-18.1
20 ILCS 1705/22 from Ch. 91 1/2, par. 100-22
20 ILCS 1825/3 from Ch. 129, par. 403
20 ILCS 1915/1 from Ch. 96 1/2, par. 7501
20 ILCS 1920/2.04 from Ch. 96 1/2, par. 8002.04
20 ILCS 1920/3.02 from Ch. 96 1/2, par. 8003.02
20 ILCS 2105/60b from Ch. 127, par. 60b
20 ILCS 2105/60g from Ch. 127, par. 60g
20 ILCS 2105/60m from Ch. 127, par. 60m
20 ILCS 2105/61f formerly 110 ILCS 355/62.1
20 ILCS 2215/4-3 from Ch. 111 1/2, par. 6504-3
20 ILCS 2215/5-1 from Ch. 111 1/2, par. 6505-1
20 ILCS 2310/55.57 from Ch. 127, par. 55.57
20 ILCS 2310/55.76
20 ILCS 2310/55.84
20 ILCS 2310/55.89
20 ILCS 2420/8 from Ch. 23, par. 3338
20 ILCS 2605/55a from Ch. 127, par. 55a
20 ILCS 2610/17 from Ch. 121, par. 307.17
20 ILCS 2630/5 from Ch. 38, par. 206-5
20 ILCS 2635/9 from Ch. 38, par. 1609
20 ILCS 2705/49.16 from Ch. 127, par. 49.16
20 ILCS 3505/7.28 from Ch. 48, par. 850.07s
20 ILCS 3505/7.53 from Ch. 48, par. 850.07z9
20 ILCS 3975/Act title
20 ILCS 3985/2001 from Ch. 127, par. 3852-1
20 ILCS 4020/14 from Ch. 48, par. 1514
25 ILCS 120/2 from Ch. 63, par. 902
25 ILCS 130/1-4 from Ch. 63, par. 1001-4
30 ILCS 105/5.480
30 ILCS 105/5.482
30 ILCS 105/5.483
30 ILCS 105/5.484
30 ILCS 105/5.485
30 ILCS 105/5.486
30 ILCS 105/5.487
30 ILCS 105/5.488
30 ILCS 105/12-2 from Ch. 127, par. 148-2
30 ILCS 105/15a from Ch. 127, par. 151a
30 ILCS 230/6 from Ch. 127, par. 176a
30 ILCS 325/1 from Ch. 127, par. 321
30 ILCS 330/9 from Ch. 127, par. 659
30 ILCS 355/4 from Ch. 85, par. 1394
30 ILCS 535/30 from Ch. 127, par. 4151-30
30 ILCS 582/5
30 ILCS 715/2 from Ch. 56 1/2, par. 1702
30 ILCS 725/1.1 from Ch. 96 1/2, par. 7302
30 ILCS 725/2.1 from Ch. 96 1/2, par. 7304
30 ILCS 740/2-2.02 from Ch. 111 2/3, par. 662.02
30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
30 ILCS 740/3-1.04 from Ch. 111 2/3, par. 685
30 ILCS 740/3-1.09 from Ch. 111 2/3, par. 689.1
30 ILCS 750/3-7 from Ch. 127, par. 2703-7
30 ILCS 805/8.21
30 ILCS 805/8.22
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/203 from Ch. 120, par. 2-203
35 ILCS 5/204 from Ch. 120, par. 2-204
35 ILCS 5/509 from Ch. 120, par. 5-509
35 ILCS 120/2a from Ch. 120, par. 441a
35 ILCS 200/8-5
35 ILCS 200/9-165
35 ILCS 200/10-55
35 ILCS 200/10-115
35 ILCS 200/10-167
35 ILCS 200/16-150
35 ILCS 200/18-55
35 ILCS 200/18-185
35 ILCS 200/18-246
35 ILCS 200/19-5
35 ILCS 200/19-40
35 ILCS 200/20-50
35 ILCS 200/20-155
35 ILCS 200/21-35
35 ILCS 200/21-195
35 ILCS 200/21-310
35 ILCS 200/22-5
35 ILCS 200/22-10
35 ILCS 200/22-65
35 ILCS 200/22-80
35 ILCS 200/22-90
35 ILCS 200/23-35
35 ILCS 505/8 from Ch. 120, par. 424
35 ILCS 510/3 from Ch. 120, par. 481b.3
35 ILCS 515/7 from Ch. 120, par. 1207
35 ILCS 620/2a.1 from Ch. 120, par. 469a.1
35 ILCS 640/2-11
40 ILCS 5/5-167.2 from Ch. 108 1/2, par. 5-167.2
40 ILCS 5/7-123 from Ch. 108 1/2, par. 7-123
40 ILCS 5/7-132.1 from Ch. 108 1/2, par. 7-132.1
40 ILCS 5/7-142 from Ch. 108 1/2, par. 7-142
40 ILCS 5/8-114 from Ch. 108 1/2, par. 8-114
40 ILCS 5/8-115 from Ch. 108 1/2, par. 8-115
40 ILCS 5/8-117 from Ch. 108 1/2, par. 8-117
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
40 ILCS 5/15-102 from Ch. 108 1/2, par. 15-102
40 ILCS 5/15-113.6 from Ch. 108 1/2, par. 15-113.6
40 ILCS 5/17-123 from Ch. 108 1/2, par. 17-123
40 ILCS 5/17-127.2
40 ILCS 5/18-112.2 from Ch. 108 1/2, par. 18-112.2
50 ILCS 205/3a from Ch. 116, par. 43.103a
50 ILCS 310/10 from Ch. 85, par. 710
50 ILCS 405/1.22 from Ch. 85, par. 851.22
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 708/5
50 ILCS 708/20
55 ILCS 5/3-2005 from Ch. 34, par. 3-2005
55 ILCS 5/3-3042 from Ch. 34, par. 3-3042
55 ILCS 5/3-10003 from Ch. 34, par. 3-10003
55 ILCS 5/3-12013 from Ch. 34, par. 3-12013
55 ILCS 5/3-13001 from Ch. 34, par. 3-13001
55 ILCS 5/4-2003 from Ch. 34, par. 4-2003
55 ILCS 5/5-1109 from Ch. 34, par. 5-1109
55 ILCS 5/5-23006 from Ch. 34, par. 5-23006
55 ILCS 5/5-23014 from Ch. 34, par. 5-23014
55 ILCS 5/5-32014 from Ch. 34, par. 5-32014
55 ILCS 5/5-32017 from Ch. 34, par. 5-32017
55 ILCS 5/5-32030 from Ch. 34, par. 5-32030
60 ILCS 1/235-5
65 ILCS 5/3.1-10-50
65 ILCS 5/7-1-26 from Ch. 24, par. 7-1-26
65 ILCS 5/8-2-9.3 from Ch. 24, par. 8-2-9.3
65 ILCS 5/9-2-53 from Ch. 24, par. 9-2-53
65 ILCS 5/9-2-79 from Ch. 24, par. 9-2-79
65 ILCS 5/9-2-94 from Ch. 24, par. 9-2-94
65 ILCS 5/9-2-119 from Ch. 24, par. 9-2-119
65 ILCS 5/9-3-33 from Ch. 24, par. 9-3-33
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
65 ILCS 5/Art. 11, Div. 74.
65 ILCS 5/11-74.5-1 from Ch. 24, par. 11-74.5-1
65 ILCS 5/11-76.1-4 from Ch. 24, par. 11-76.1-4
65 ILCS 5/11-89-2 from Ch. 24, par. 11-89-2
65 ILCS 5/11-90-4 from Ch. 24, par. 11-90-4
65 ILCS 5/11-111-3 from Ch. 24, par. 11-111-3
65 ILCS 5/11-121-7 from Ch. 24, par. 11-121-7
65 ILCS 5/11-129-7 from Ch. 24, par. 11-129-7
65 ILCS 55/7 from Ch. 24, par. 808.7
65 ILCS 55/19 from Ch. 24, par. 808.19
70 ILCS 5/2.3 from Ch. 15 1/2, par. 68.2c
70 ILCS 200/255-75
70 ILCS 210/5 from Ch. 85, par. 1225
70 ILCS 508/25
70 ILCS 525/2007 from Ch. 85, par. 7507
70 ILCS 605/1-2 from Ch. 42, par. 1-2
70 ILCS 605/3-5 from Ch. 42, par. 3-5
70 ILCS 605/3-18 from Ch. 42, par. 3-18
70 ILCS 605/5-5 from Ch. 42, par. 5-5
70 ILCS 605/5-20 from Ch. 42, par. 5-20
70 ILCS 705/16c from Ch. 127 1/2, par. 37c
70 ILCS 715/2 from Ch. 127 1/2, par. 302
70 ILCS 805/2 from Ch. 96 1/2, par. 6303
70 ILCS 920/2 from Ch. 23, par. 1702
70 ILCS 1105/0.01 rep. from Ch. 85, par. 6800
70 ILCS 1205/10-7d from Ch. 105, par. 10-7d
70 ILCS 1570/3 from Ch. 105, par. 81
70 ILCS 1805/4 from Ch. 19, par. 604
70 ILCS 1810/4 from Ch. 19, par. 155
70 ILCS 1820/4 from Ch. 19, par. 854
70 ILCS 2405/22a.18 from Ch. 42, par. 317d.19
70 ILCS 2405/22a.36 from Ch. 42, par. 317d.37
70 ILCS 2405/25 from Ch. 42, par. 317g
70 ILCS 2605/4.2 from Ch. 42, par. 323.2
70 ILCS 2605/220 from Ch. 42, par. 349.220
70 ILCS 2805/56 from Ch. 42, par. 447.20
70 ILCS 2805/74 from Ch. 42, par. 447.38
70 ILCS 2905/4-2 from Ch. 42, par. 504-2
70 ILCS 3615/2.08 from Ch. 111 2/3, par. 702.08
70 ILCS 3615/2.16 from Ch. 111 2/3, par. 702.16
70 ILCS 3615/4.03.1 from Ch. 111 2/3, par. 704.03.1
70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
75 ILCS 5/3-1 from Ch. 81, par. 3-1
75 ILCS 5/3-4 from Ch. 81, par. 3-4
75 ILCS 5/Art. 4 heading
75 ILCS 5/4-7 from Ch. 81, par. 4-7
75 ILCS 10/5 from Ch. 81, par. 115
75 ILCS 10/7 from Ch. 81, par. 117
75 ILCS 10/8.1 from Ch. 81, par. 118.1
75 ILCS 35/8 from Ch. 81, par. 53
105 ILCS 5/1B-6 from Ch. 122, par. 1B-6
105 ILCS 5/2-3.73 from Ch. 122, par. 2-3.73
105 ILCS 5/2-3.106 from Ch. 122, par. 2-3.106
105 ILCS 5/2-3.114
105 ILCS 5/3A-10 from Ch. 122, par. 3A-10
105 ILCS 5/5-22 from Ch. 122, par. 5-22
105 ILCS 5/7-7.5
105 ILCS 5/7A-4 from Ch. 122, par. 7A-4
105 ILCS 5/8-2 from Ch. 122, par. 8-2
105 ILCS 5/8-9 from Ch. 122, par. 8-9
105 ILCS 5/9-10 from Ch. 122, par. 9-10
105 ILCS 5/9-12 from Ch. 122, par. 9-12
105 ILCS 5/9-12.1 from Ch. 122, par. 9-12.1
105 ILCS 5/10-5 from Ch. 122, par. 10-5
105 ILCS 5/10-18 from Ch. 122, par. 10-18
105 ILCS 5/10-22.22b from Ch. 122, par. 10-22.22b
105 ILCS 5/10-22.22c from Ch. 122, par. 10-22.22c
105 ILCS 5/11A-5 from Ch. 122, par. 11A-5
105 ILCS 5/11B-5 from Ch. 122, par. 11B-5
105 ILCS 5/11D-4 from Ch. 122, par. 11D-4
105 ILCS 5/12-11.1 from Ch. 122, par. 12-11.1
105 ILCS 5/14A-4 from Ch. 122, par. 14A-4
105 ILCS 5/17-2C
105 ILCS 5/17-11 from Ch. 122, par. 17-11
105 ILCS 5/18-8.05
105 ILCS 5/21-10 from Ch. 122, par. 21-10
105 ILCS 5/21-12 from Ch. 122, par. 21-12
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
105 ILCS 5/27A-4
105 ILCS 5/29-5.2 from Ch. 122, par. 29-5.2
105 ILCS 5/32-1 from Ch. 122, par. 32-1
105 ILCS 5/32-1.4 from Ch. 122, par. 32-1.4
105 ILCS 5/32-5.2 from Ch. 122, par. 32-5.2
105 ILCS 5/32-7 from Ch. 122, par. 32-7
105 ILCS 5/34-21.1 from Ch. 122, par. 34-21.1
105 ILCS 5/34-84a.1 from Ch. 122, par. 34-84a.1
105 ILCS 10/6 from Ch. 122, par. 50-6
105 ILCS 105/6 from Ch. 122, par. 1406
105 ILCS 425/7 from Ch. 144, par. 142
110 ILCS 62/5-5
110 ILCS 205/9.27
110 ILCS 205/9.28
110 ILCS 805/3-7.10 from Ch. 122, par. 103-7.10
110 ILCS 805/3-19 from Ch. 122, par. 103-19
110 ILCS 805/3-20.5 from Ch. 122, par. 103-20.5
110 ILCS 947/35
110 ILCS 947/65.05
110 ILCS 947/65.30
205 ILCS 5/30 from Ch. 17, par. 337
205 ILCS 5/60 from Ch. 17, par. 372
205 ILCS 205/1008 from Ch. 17, par. 7301-8
205 ILCS 305/8 from Ch. 17, par. 4409
210 ILCS 3/35
210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
210 ILCS 45/3-113 from Ch. 111 1/2, par. 4153-113
210 ILCS 45/3-401 from Ch. 111 1/2, par. 4153-401
210 ILCS 50/3.20
210 ILCS 50/3.245
210 ILCS 115/9 from Ch. 111 1/2, par. 719
215 ILCS 5/56 from Ch. 73, par. 668
215 ILCS 5/123C-2 from Ch. 73, par. 735C-2
215 ILCS 5/126.30
215 ILCS 5/141.1 from Ch. 73, par. 753.1
215 ILCS 5/143.21a from Ch. 73, par. 755.21a
215 ILCS 5/143.31
215 ILCS 5/209 from Ch. 73, par. 821
215 ILCS 5/223 from Ch. 73, par. 835
215 ILCS 5/267 from Ch. 73, par. 879
215 ILCS 5/333 from Ch. 73, par. 945
215 ILCS 5/338 from Ch. 73, par. 950
215 ILCS 5/343 from Ch. 73, par. 955
215 ILCS 5/357.2 from Ch. 73, par. 969.2
215 ILCS 5/357.18 from Ch. 73, par. 969.18
215 ILCS 5/357.19 from Ch. 73, par. 969.19
215 ILCS 5/357.20 from Ch. 73, par. 969.20
215 ILCS 5/408 from Ch. 73, par. 1020
215 ILCS 5/415 from Ch. 73, par. 1027
215 ILCS 5/531.03 from Ch. 73, par. 1065.80-3
215 ILCS 5/803.1
215 ILCS 5/807.1
215 ILCS 5/810.1
215 ILCS 5/1202 from Ch. 73, par. 1065.902
215 ILCS 5/1204 from Ch. 73, par. 1065.904
215 ILCS 97/35
215 ILCS 105/2 from Ch. 73, par. 1302
215 ILCS 105/4 from Ch. 73, par. 1304
215 ILCS 105/5 from Ch. 73, par. 1305
215 ILCS 125/1-3 from Ch. 111 1/2, par. 1402.1
215 ILCS 125/2-7 from Ch. 111 1/2, par. 1407
215 ILCS 125/4-4 from Ch. 111 1/2, par. 1408.4
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
220 ILCS 5/4-304 from Ch. 111 2/3, par. 4-304
220 ILCS 5/4-501
220 ILCS 5/4-502
220 ILCS 5/7-102 from Ch. 111 2/3, par. 7-102
220 ILCS 5/7-106
220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241
220 ILCS 5/13-403 from Ch. 111 2/3, par. 13-403
220 ILCS 10/3 from Ch. 111 2/3, par. 903
225 ILCS 5/3 from Ch. 111, par. 7603
225 ILCS 5/16 from Ch. 111, par. 7616
225 ILCS 10/4.2 from Ch. 23, par. 2214.2
225 ILCS 10/8 from Ch. 23, par. 2218
225 ILCS 15/10 from Ch. 111, par. 5360
225 ILCS 20/9A from Ch. 111, par. 6359A
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 25/48 from Ch. 111, par. 2348
225 ILCS 60/18 from Ch. 111, par. 4400-18
225 ILCS 60/21 from Ch. 111, par. 4400-21
225 ILCS 65/20-120
225 ILCS 75/8 from Ch. 111, par. 3708
225 ILCS 75/9 from Ch. 111, par. 3709
225 ILCS 75/19 from Ch. 111, par. 3719
225 ILCS 75/19.10 from Ch. 111, par. 3729
225 ILCS 80/26.10 from Ch. 111, par. 3926.10
225 ILCS 85/35.13 from Ch. 111, par. 4155.13
225 ILCS 90/3 from Ch. 111, par. 4253
225 ILCS 90/8 from Ch. 111, par. 4258
225 ILCS 90/26 from Ch. 111, par. 4276
225 ILCS 95/22.10 from Ch. 111, par. 4622.10
225 ILCS 100/35 from Ch. 111, par. 4835
225 ILCS 100/36 from Ch. 111, par. 4836
225 ILCS 105/23 from Ch. 111, par. 5023
225 ILCS 106/60
225 ILCS 115/25.10 from Ch. 111, par. 7025.10
225 ILCS 115/28 from Ch. 111, par. 7028
225 ILCS 120/75 from Ch. 111, par. 8301-75
225 ILCS 120/140 from Ch. 111, par. 8301-140
225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
225 ILCS 220/0.01 rep.
225 ILCS 305/30 from Ch. 111, par. 1330
225 ILCS 310/4 from Ch. 111, par. 8204
225 ILCS 310/13 from Ch. 111, par. 8213
225 ILCS 310/29 from Ch. 111, par. 8229
225 ILCS 315/25 from Ch. 111, par. 8125
225 ILCS 320/25 from Ch. 111, par. 1124
225 ILCS 330/37 from Ch. 111, par. 3287
225 ILCS 340/28 from Ch. 111, par. 6628
225 ILCS 410/1-11 from Ch. 111, par. 1701-11
225 ILCS 410/3-4 from Ch. 111, par. 1703-4
225 ILCS 410/3A-5 from Ch. 111, par. 1703A-5
225 ILCS 410/3C-5 from Ch. 111, par. 1703C-5
225 ILCS 410/4-16 from Ch. 111, par. 1704-16
225 ILCS 415/23.10 from Ch. 111, par. 6233
225 ILCS 430/25 from Ch. 111, par. 2426
225 ILCS 435/1 from Ch. 121, par. 701
225 ILCS 446/75
225 ILCS 446/80
225 ILCS 450/21 from Ch. 111, par. 5527
225 ILCS 455/18 from Ch. 111, par. 5818
225 ILCS 460/17 from Ch. 23, par. 5117
225 ILCS 470/9 from Ch. 147, par. 109
225 ILCS 515/3 from Ch. 111, par. 903
225 ILCS 605/12 from Ch. 8, par. 312
225 ILCS 710/9.02 from Ch. 96 1/2, par. 4216
225 ILCS 715/4.1 from Ch. 96 1/2, par. 4505
225 ILCS 715/5 from Ch. 96 1/2, par. 4506
225 ILCS 720/1.03 from Ch. 96 1/2, par. 7901.03
230 ILCS 5/5 from Ch. 8, par. 37-5
230 ILCS 15/5 from Ch. 85, par. 2305
230 ILCS 25/5.1 from Ch. 120, par. 1105.1
230 ILCS 30/13 from Ch. 120, par. 1133
235 ILCS 5/1-3 from Ch. 43, par. 95
235 ILCS 5/4-4 from Ch. 43, par. 112
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-1 from Ch. 43, par. 119
235 ILCS 5/6-11 from Ch. 43, par. 127
235 ILCS 5/7-1 from Ch. 43, par. 145
235 ILCS 5/9-12 from Ch. 43, par. 175.1
235 ILCS 5/10-8 from Ch. 43, par. 190
240 ILCS 5/1 from Ch. 17, par. 1451
240 ILCS 5/4 from Ch. 17, par. 1454
305 ILCS 5/3-10.1 from Ch. 23, par. 3-10.1
305 ILCS 5/4-8 from Ch. 23, par. 4-8
305 ILCS 5/5-5.3 from Ch. 23, par. 5-5.3
305 ILCS 5/5-5.4a
305 ILCS 5/5-11.1
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
305 ILCS 5/11-16 from Ch. 23, par. 11-16
305 ILCS 5/11-20 from Ch. 23, par. 11-20
305 ILCS 5/11-22 from Ch. 23, par. 11-22
305 ILCS 40/20 from Ch. 23, par. 7100-20
305 ILCS 45/30 from Ch. 23, par. 7105-30
310 ILCS 5/7 from Ch. 67 1/2, par. 157
310 ILCS 5/25 from Ch. 67 1/2, par. 175
310 ILCS 15/4 from Ch. 67 1/2, par. 31
310 ILCS 50/2 from Ch. 67 1/2, par. 852
310 ILCS 50/3 from Ch. 67 1/2, par. 853
310 ILCS 65/3 from Ch. 67 1/2, par. 1253
310 ILCS 65/5 from Ch. 67 1/2, par. 1255
310 ILCS 65/7 from Ch. 67 1/2, par. 1257
315 ILCS 5/3 from Ch. 67 1/2, par. 65
315 ILCS 10/6 from Ch. 67 1/2, par. 91.6
315 ILCS 20/37 from Ch. 67 1/2, par. 287
315 ILCS 25/8 from Ch. 67 1/2, par. 91.15
320 ILCS 10/2 from Ch. 23, par. 6202
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 25/3.09 from Ch. 67 1/2, par. 403.09
320 ILCS 25/4 from Ch. 67 1/2, par. 404
320 ILCS 25/6 from Ch. 67 1/2, par. 406
320 ILCS 30/3 from Ch. 67 1/2, par. 453
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 20/4 from Ch. 23, par. 4154
330 ILCS 100/2 from Ch. 126 1/2, par. 57.82
330 ILCS 110/1 from Ch. 21, par. 59a
405 ILCS 5/2-114 from Ch. 91 1/2, par. 2-114
405 ILCS 5/3-202 from Ch. 91 1/2, par. 3-202
405 ILCS 5/4-209 from Ch. 91 1/2, par. 4-209
405 ILCS 5/4-210 from Ch. 91 1/2, par. 4-210
405 ILCS 10/3 from Ch. 91 1/2, par. 123
405 ILCS 20/8 from Ch. 91 1/2, par. 308
410 ILCS 18/80
410 ILCS 25/6 from Ch. 111 1/2, par. 3716
410 ILCS 65/2 from Ch. 111 1/2, par. 8052
410 ILCS 65/4 from Ch. 111 1/2, par. 8054
410 ILCS 235/3 from Ch. 111 1/2, par. 7503
410 ILCS 320/1 from Ch. 111 1/2, par. 4801
410 ILCS 405/4 from Ch. 111 1/2, par. 6954
410 ILCS 535/15 from Ch. 111 1/2, par. 73-15
410 ILCS 615/16 from Ch. 56 1/2, par. 55-16
415 ILCS 5/9.4 from Ch. 111 1/2, par. 1009.4
415 ILCS 5/14.5 from Ch. 111 1/2, par. 1014.5
415 ILCS 5/21.6 from Ch. 111 1/2, par. 1021.6
415 ILCS 5/22.21 from Ch. 111 1/2, par. 1022.21
415 ILCS 5/27 from Ch. 111 1/2, par. 1027
415 ILCS 5/40.2 from Ch. 111 1/2, par. 1040.2
415 ILCS 5/45 from Ch. 111 1/2, par. 1045
415 ILCS 5/55.5 from Ch. 111 1/2, par. 1055.5
415 ILCS 5/57
415 ILCS 5/57.8
415 ILCS 5/57.14
415 ILCS 10/3.1 from Ch. 85, par. 5903.1
415 ILCS 20/7.3
415 ILCS 20/8
415 ILCS 45/1 from Ch. 111 1/2, par. 501
415 ILCS 50/3.01 from Ch. 111 1/2, par. 583.01
415 ILCS 60/7 from Ch. 5, par. 807
415 ILCS 60/8 from Ch. 5, par. 808
415 ILCS 75/6 from Ch. 111 1/2, par. 986
415 ILCS 110/2002 from Ch. 96 1/2, par. 9752
415 ILCS 120/10
415 ILCS 120/25
420 ILCS 30/3 from Ch. 111 1/2, par. 196
425 ILCS 35/4 from Ch. 127 1/2, par. 130
425 ILCS 50/1 from Ch. 127 1/2, par. 81
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 95/3 from Ch. 111 1/2, par. 7603
505 ILCS 5/7 from Ch. 5, par. 1007
505 ILCS 25/13 from Ch. 5, par. 1413
505 ILCS 115/15 from Ch. 5, par. 1065
505 ILCS 115/23 from Ch. 5, par. 1073
505 ILCS 130/15 from Ch. 5, par. 565
510 ILCS 20/2c from Ch. 8, par. 124c
510 ILCS 70/4.04 from Ch. 8, par. 704.04
510 ILCS 70/16 from Ch. 8, par. 716
515 ILCS 5/10-15 from Ch. 56, par. 10-15
520 ILCS 5/1.4 from Ch. 61, par. 1.4
520 ILCS 5/2.18-1 from Ch. 61, par. 2.18-1
520 ILCS 5/2.24 from Ch. 61, par. 2.24
520 ILCS 10/3 from Ch. 8, par. 333
525 ILCS 5/6 from Ch. 96 1/2, par. 9506
525 ILCS 40/6 from Ch. 96 1/2, par. 5907
525 ILCS 45/5.1 from Ch. 5, par. 1605.1
605 ILCS 5/4-508 from Ch. 121, par. 4-508
605 ILCS 5/4-510 from Ch. 121, par. 4-510
605 ILCS 5/6-315a from Ch. 121, par. 6-315a
605 ILCS 5/6-513 from Ch. 121, par. 6-513
615 ILCS 5/13 from Ch. 19, par. 60
615 ILCS 20/4 from Ch. 19, par. 47d
620 ILCS 5/15 from Ch. 15 1/2, par. 22.15
620 ILCS 10/5 from Ch. 15 1/2, par. 183
620 ILCS 15/3 from Ch. 15 1/2, par. 189
625 ILCS 5/1-121 from Ch. 95 1/2, par. 1-121
625 ILCS 5/1-211.01 from Ch. 95 1/2, par. 1-211.01
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
625 ILCS 5/3-100 from Ch. 95 1/2, par. 3-100
625 ILCS 5/3-112.1 from Ch. 95 1/2, par. 3-112.1
625 ILCS 5/3-602 from Ch. 95 1/2, par. 3-602
625 ILCS 5/3-643
625 ILCS 5/3-644
625 ILCS 5/3-816 from Ch. 95 1/2, par. 3-816
625 ILCS 5/4-304 from Ch. 95 1/2, par. 4-304
625 ILCS 5/5-102.1 from Ch. 95 1/2, par. 5-102.1
625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-301.3
625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
625 ILCS 5/6-520 from Ch. 95 1/2, par. 6-520
625 ILCS 5/7-402 from Ch. 95 1/2, par. 7-402
625 ILCS 5/10-301 from Ch. 95 1/2, par. 10-301
625 ILCS 5/11-306 from Ch. 95 1/2, par. 11-306
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
625 ILCS 5/15-302 from Ch. 95 1/2, par. 15-302
625 ILCS 5/16-104 from Ch. 95 1/2, par. 16-104
625 ILCS 5/18a-501 from Ch. 95 1/2, par. 18a-501
625 ILCS 5/18c-1102 from Ch. 95 1/2, par. 18c-1102
625 ILCS 5/18c-1205 from Ch. 95 1/2, par. 18c-1205
625 ILCS 5/18c-1705 from Ch. 95 1/2, par. 18c-1705
625 ILCS 5/18c-2402 from Ch. 95 1/2, par. 18c-2402
625 ILCS 5/18c-4701 from Ch. 95 1/2, par. 18c-4701
625 ILCS 5/18c-6102 from Ch. 95 1/2, par. 18c-6102
625 ILCS 30/6 from Ch. 95 1/2, par. 906
625 ILCS 40/5-2 from Ch. 95 1/2, par. 605-2
625 ILCS 45/3A-2 from Ch. 95 1/2, par. 313A-2
625 ILCS 45/3A-3 from Ch. 95 1/2, par. 313A-3
625 ILCS 45/5-18 from Ch. 95 1/2, par. 315-13
705 ILCS 105/27.1 from Ch. 25, par. 27.1
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-4 from Ch. 37, par. 801-4
705 ILCS 405/1-5 from Ch. 37, par. 801-5
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/1-8 from Ch. 37, par. 801-8
705 ILCS 405/1-18 new
705 ILCS 405/2-4 from Ch. 37, par. 802-4
705 ILCS 405/2-16 from Ch. 37, par. 802-16
705 ILCS 405/2-17.1
705 ILCS 405/2-27 from Ch. 37, par. 802-27
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/2-30 from Ch. 37, par. 802-30
705 ILCS 405/3-18 from Ch. 37, par. 803-18
705 ILCS 405/3-31 from Ch. 37, par. 803-31
705 ILCS 405/4-15 from Ch. 37, par. 804-15
705 ILCS 405/4-28 from Ch. 37, par. 804-28
705 ILCS 405/5-135
705 ILCS 405/5-525
705 ILCS 405/5-805
705 ILCS 405/6-1 from Ch. 37, par. 806-1
705 ILCS 405/6-9 from Ch. 37, par. 806-9
705 ILCS 405/6-10 from Ch. 37, par. 806-10
720 ILCS 5/1-5 from Ch. 38, par. 1-5
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/9-3.3 from Ch. 38, par. 9-3.3
720 ILCS 5/11-17.1 from Ch. 38, par. 11-17.1
720 ILCS 5/11-19.2 from Ch. 38, par. 11-19.2
720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
720 ILCS 5/12-4 from Ch. 38, par. 12-4
720 ILCS 5/12-4.3 from Ch. 38, par. 12-4.3
720 ILCS 5/12-18 from Ch. 38, par. 12-18
720 ILCS 5/12-30 from Ch. 38, par. 12-30
720 ILCS 5/14-3 from Ch. 38, par. 14-3
720 ILCS 5/14-4 from Ch. 38, par. 14-4
720 ILCS 5/16-15 from Ch. 38, par. 16-15
720 ILCS 5/17-3 from Ch. 38, par. 17-3
720 ILCS 5/17B-10
720 ILCS 5/18-5
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/25-1.1
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
720 ILCS 5/34-1 from Ch. 38, par. 34-1
720 ILCS 5/46-4
720 ILCS 350/2 from Ch. 121 1/2, par. 852
720 ILCS 375/2 from Ch. 121 1/2, par. 157.33
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
720 ILCS 570/405 from Ch. 56 1/2, par. 1405
720 ILCS 570/411.1 from Ch. 56 1/2, par. 1411.1
720 ILCS 600/4 from Ch. 56 1/2, par. 2104
720 ILCS 625/2 from Ch. 5, par. 212
725 ILCS 5/112A-13 from Ch. 38, par. 112A-13
725 ILCS 5/115-10 from Ch. 38, par. 115-10
725 ILCS 120/5 from Ch. 38, par. 1405
725 ILCS 185/20 from Ch. 38, par. 320
725 ILCS 185/31 from Ch. 38, par. 331
725 ILCS 207/10
725 ILCS 207/15
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-3.1
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
730 ILCS 110/13 from Ch. 38, par. 204-5
730 ILCS 152/120
735 ILCS 5/2-109 from Ch. 110, par. 2-109
735 ILCS 5/4-109 from Ch. 110, par. 4-109
735 ILCS 5/4-227 from Ch. 110, par. 4-227
735 ILCS 5/7-103 from Ch. 110, par. 7-103
735 ILCS 5/7-103.1 new
735 ILCS 5/7-103.3 new
735 ILCS 5/7-103.5 new
735 ILCS 5/7-103.6 new
735 ILCS 5/7-103.7 new
735 ILCS 5/7-103.8 new
735 ILCS 5/7-103.9 new
735 ILCS 5/7-103.10 new
735 ILCS 5/7-103.11 new
735 ILCS 5/7-103.12 new
735 ILCS 5/7-103.13 new
735 ILCS 5/7-103.14 new
735 ILCS 5/7-103.15 new
735 ILCS 5/7-103.16 new
735 ILCS 5/7-103.17 new
735 ILCS 5/7-103.18 new
735 ILCS 5/7-103.19 new
735 ILCS 5/7-103.20 new
735 ILCS 5/7-103.21 new
735 ILCS 5/7-103.22 new
735 ILCS 5/7-103.23 new
735 ILCS 5/7-103.24 new
735 ILCS 5/7-103.25 new
735 ILCS 5/7-103.26 new
735 ILCS 5/7-103.27 new
735 ILCS 5/7-103.28 new
735 ILCS 5/7-103.29 new
735 ILCS 5/7-103.30 new
735 ILCS 5/7-103.31 new
735 ILCS 5/7-103.32 new
735 ILCS 5/7-103.33 new
735 ILCS 5/7-103.34 new
735 ILCS 5/7-103.35 new
735 ILCS 5/7-103.36 new
735 ILCS 5/7-103.37 new
735 ILCS 5/7-103.38 new
735 ILCS 5/7-103.39 new
735 ILCS 5/7-103.40 new
735 ILCS 5/7-103.41 new
735 ILCS 5/7-103.41a new
735 ILCS 5/7-103.42 new
735 ILCS 5/7-103.43 new
735 ILCS 5/7-103.44 new
735 ILCS 5/7-103.45 new
735 ILCS 5/7-103.46 new
735 ILCS 5/7-103.47 new
735 ILCS 5/7-103.48 new
735 ILCS 5/7-103.49 new
735 ILCS 5/7-103.51 new
735 ILCS 5/7-103.52 new
735 ILCS 5/7-103.53 new
735 ILCS 5/7-103.54 new
735 ILCS 5/7-103.55 new
735 ILCS 5/7-103.56 new
735 ILCS 5/7-103.57 new
735 ILCS 5/7-103.58 new
735 ILCS 5/7-103.59 new
735 ILCS 5/7-103.60 new
735 ILCS 5/7-103.61 new
735 ILCS 5/7-103.62 new
735 ILCS 5/7-103.63 new
735 ILCS 5/7-103.64 new
735 ILCS 5/7-103.65 new
735 ILCS 5/7-103.66 new
735 ILCS 5/7-103.67 new
735 ILCS 5/7-103.68 new
735 ILCS 5/7-103.69 new
735 ILCS 5/7-103.70 new
735 ILCS 5/9-111.1
735 ILCS 5/Art. IX, Part 2 heading
735 ILCS 5/12-101 from Ch. 110, par. 12-101
735 ILCS 5/12-147 from Ch. 110, par. 12-147
735 ILCS 5/12-153 from Ch. 110, par. 12-153
735 ILCS 5/12-164 from Ch. 110, par. 12-164
735 ILCS 5/12-183 from Ch. 110, par. 12-183
735 ILCS 5/15-1504 from Ch. 110, par. 15-1504
740 ILCS 95/4 from Ch. 111 2/3, par. 1504
740 ILCS 110/11 from Ch. 91 1/2, par. 811
740 ILCS 113/5
740 ILCS 170/2.1 from Ch. 48, par. 39.2a
740 ILCS 170/4.1 from Ch. 48, par. 39.4a
745 ILCS 10/6-107 from Ch. 85, par. 6-107
750 ILCS 5/504 from Ch. 40, par. 504
750 ILCS 5/505.1 from Ch. 40, par. 505.1
750 ILCS 5/507 from Ch. 40, par. 507
750 ILCS 5/607 from Ch. 40, par. 607
750 ILCS 5/705 from Ch. 40, par. 705
750 ILCS 5/706.1 from Ch. 40, par. 706.1
750 ILCS 15/2.1 from Ch. 40, par. 1105
750 ILCS 15/4.1 from Ch. 40, par. 1107.1
750 ILCS 15/12 from Ch. 40, par. 1115
750 ILCS 22/605
750 ILCS 28/15
750 ILCS 28/20
750 ILCS 28/25
750 ILCS 28/45
750 ILCS 28/999
750 ILCS 45/15 from Ch. 40, par. 2515
750 ILCS 45/15.1 from Ch. 40, par. 2515.1
750 ILCS 45/20 from Ch. 40, par. 2520
750 ILCS 45/21 from Ch. 40, par. 2521
750 ILCS 50/1 from Ch. 40, par. 1501
750 ILCS 50/5 from Ch. 40, par. 1507
750 ILCS 50/8 from Ch. 40, par. 1510
750 ILCS 50/10 from Ch. 40, par. 1512
750 ILCS 50/11 from Ch. 40, par. 1513
750 ILCS 50/12a from Ch. 40, par. 1515
750 ILCS 50/17 from Ch. 40, par. 1521
750 ILCS 50/18.2 from Ch. 40, par. 1522.2
750 ILCS 50/18.3a from Ch. 40, par. 1522.3a
750 ILCS 60/Art. IV heading
755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-22 from Ch. 110 1/2, par. 11a-22
755 ILCS 5/16-3 from Ch. 110 1/2, par. 16-3
755 ILCS 5/21-2.11 from Ch. 110 1/2, par. 21-2.11
755 ILCS 5/23-2 from Ch. 110 1/2, par. 23-2
760 ILCS 5/3 from Ch. 17, par. 1653
765 ILCS 5/9 from Ch. 30, par. 8
765 ILCS 5/10 from Ch. 30, par. 9
765 ILCS 5/11 from Ch. 30, par. 10
765 ILCS 5/20 from Ch. 30, par. 19
765 ILCS 5/26 from Ch. 30, par. 25
765 ILCS 30/4 from Ch. 30, par. 224
765 ILCS 30/5 from Ch. 30, par. 225
765 ILCS 45/12 from Ch. 116, par. 16
765 ILCS 45/17 from Ch. 116, par. 21
765 ILCS 77/30
765 ILCS 77/35
765 ILCS 77/50
765 ILCS 90/5 from Ch. 30, par. 905
765 ILCS 95/2 from Ch. 30, par. 1002
765 ILCS 100/29 from Ch. 30, par. 729
765 ILCS 215/1 from Ch. 133, par. 11
765 ILCS 505/12 from Ch. 96 1/2, par. 162
765 ILCS 515/10 from Ch. 96 1/2, par. 9210
765 ILCS 605/9 from Ch. 30, par. 309
765 ILCS 930/20
765 ILCS 1025/8.1 from Ch. 141, par. 108.1
765 ILCS 1036/45
770 ILCS 15/10 from Ch. 82, par. 660
770 ILCS 30/1 from Ch. 82, par. 201
770 ILCS 55/1 from Ch. 82, par. 49
770 ILCS 60/27 from Ch. 82, par. 27
770 ILCS 70/2 from Ch. 82, par. 502
770 ILCS 70/3 from Ch. 82, par. 503
775 ILCS 5/7-101 from Ch. 68, par. 7-101
775 ILCS 5/7A-103 from Ch. 68, par. 7A-103
775 ILCS 5/8-102 from Ch. 68, par. 8-102
775 ILCS 5/8-105 from Ch. 68, par. 8-105
775 ILCS 5/9-101 from Ch. 68, par. 9-101
805 ILCS 5/5.10 from Ch. 32, par. 5.10
805 ILCS 35/8 from Ch. 32, par. 1008
805 ILCS 105/105.10 from Ch. 32, par. 105.10
805 ILCS 105/111.25 from Ch. 32, par. 111.25
805 ILCS 110/36 from Ch. 32, par. 165
805 ILCS 110/46b from Ch. 32, par. 177
810 ILCS 5/9-307 from Ch. 26, par. 9-307
810 ILCS 5/9-313 from Ch. 26, par. 9-313
810 ILCS 5/9-402 from Ch. 26, par. 9-402
810 ILCS 5/9-403 from Ch. 26, par. 9-403
810 ILCS 5/9-501 from Ch. 26, par. 9-501
815 ILCS 5/11a from Ch. 121 1/2, par. 137.11a
815 ILCS 135/3 from Ch. 17, par. 5803
815 ILCS 175/15-15
815 ILCS 175/15-45
815 ILCS 307/10-10
815 ILCS 330/4 from Ch. 147, par. 48
815 ILCS 375/18 from Ch. 121 1/2, par. 578
815 ILCS 375/21 from Ch. 121 1/2, par. 581
815 ILCS 390/4 from Ch. 21, par. 204
815 ILCS 390/19 from Ch. 21, par. 219
815 ILCS 395/4 from Ch. 121 1/2, par. 141
815 ILCS 405/21 from Ch. 121 1/2, par. 521
815 ILCS 420/1 from Ch. 121 1/2, par. 1851
815 ILCS 420/2 from Ch. 121 1/2, par. 1852
815 ILCS 602/5-5.10
815 ILCS 602/5-45
815 ILCS 605/6 from Ch. 121 1/2, par. 2106
820 ILCS 40/9 from Ch. 48, par. 2009
820 ILCS 105/3 from Ch. 48, par. 1003
820 ILCS 125/1 from Ch. 48, par. 198.1
820 ILCS 125/5.1 from Ch. 48, par. 198.5
820 ILCS 165/3 from Ch. 48, par. 216c
820 ILCS 205/1 from Ch. 48, par. 31.1
820 ILCS 255/11 from Ch. 48, par. 1411
820 ILCS 405/2105 from Ch. 48, par. 665
P.A. 90-590, Sec. 2001-55 r
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