Public Act 93-0032
SB1903 Enrolled LRB093 08682 RCE 08912 b
AN ACT concerning the State budget.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
Section 1-1. Short title. This Act may be cited as the
FY2004 Budget Implementation (State Finance-Revenues) Act.
Section 1-5. Purpose. It is the purpose of this Act to
make changes relating to State Finance-Revenues that are
necessary to implement the State's FY2004 budget.
ARTICLE 50
Section 50-5. The State Finance Act is amended by
changing Sections 6p-2 and 8g and adding Sections 5.595,
8.42, 8h, and 8j as follows:
(30 ILCS 105/5.595 new)
Sec. 5.595. The Emergency Public Health Fund.
(30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
Sec. 6p-2. The Communications Revolving Fund shall be
initially financed by a transfer of funds from the General
Revenue Fund. Thereafter, all fees and other monies received
by the Department of Central Management Services in payment
for communications services rendered pursuant to the
Department of Central Management Services Law or sale of
surplus State communications equipment shall be paid into the
Communications Revolving Fund. Except as otherwise provided
in this Section, the money in this fund shall be used by the
Department of Central Management Services as reimbursement
for expenditures incurred in relation to communications
services.
On the effective date of this amendatory Act of the 93rd
General Assembly, or as soon as practicable thereafter, the
State Comptroller shall order transferred and the State
Treasurer shall transfer $3,000,000 from the Communications
Revolving Fund to the Emergency Public Health Fund to be used
for the purposes specified in Section 55.6a of the
Environmental Protection Act.
(Source: P.A. 91-239, eff. 1-1-00; 92-316, eff. 8-9-01.)
(30 ILCS 105/8.42 new)
Sec. 8.42. Interfund transfers. In order to address the
fiscal emergency resulting from shortfalls in revenue, the
following transfers are authorized from the designated funds
into the General Revenue Fund:
ROAD FUND....................................... $50,000,000
MOTOR FUEL TAX FUND............................. $1,535,000
GRADE CROSSING PROTECTION FUND.................. $6,500,000
ILLINOIS AGRICUTURAL LOAN GUARANTEE FUND........ $2,500,000
ILLINOIS FARMER AND AGRIBUSINESS
LOAN GUARANTEE FUND........................... $1,500,000
TRANSPORTATION REGULATORY FUND.................. $2,000,000
PARK AND CONSERVATION FUND...................... $1,000,000
DCFS CHILDREN'S SERVICES FUND................... $1,000,000
TOBACCO SETTLEMENT RECOVERY FUND................ $50,000
AGGREGATE OPERATIONS REGULATORY FUND............ $10,000
APPRAISAL ADMINISTRATION FUND................... $10,000
AUCTION REGULATION ADMINISTRATION FUND.......... $50,000
BANK AND TRUST COMPANY FUND..................... $640,000
CHILD LABOR AND DAY AND TEMPORARY
LABOR ENFORCEMENT FUND........................ $15,000
CHILD SUPPORT ADMINISTRATIVE FUND............... $170,000
COAL MINING REGULATORY FUND..................... $80,000
COMMUNITY WATER SUPPLY LABORATORY FUND.......... $500,000
COMPTROLLER'S ADMINISTRATIVE FUND............... $50,000
CREDIT UNION FUND............................... $500,000
CRIMINAL JUSTICE INFORMATION
SYSTEMS TRUST FUND............................ $300,000
DESIGN PROFESSIONALS ADMINISTRATION
AND INVESTIGATION FUND........................ $1,000,000
DIGITAL DIVIDE ELIMINATION
INFRASTRUCTURE FUND........................... $4,000,000
DRAM SHOP FUND.................................. $560,000
DRIVERS EDUCATION FUND.......................... $2,500,000
EMERGENCY PLANNING AND TRAINING FUND............ $50,000
ENERGY EFFICIENCY TRUST FUND.................... $1,000,000
EXPLOSIVES REGULATORY FUND...................... $4,000
FINANCIAL INSTITUTION FUND...................... $300,000
FIREARM OWNER'S NOTIFICATION FUND............... $110,000
FOOD AND DRUG SAFETY FUND....................... $500,000
GENERAL PROFESSIONS DEDICATED FUND.............. $1,000,000
HAZARDOUS WASTE FUND............................ $500,000
HORSE RACING FUND............................... $630,000
ILLINOIS GAMING LAW ENFORCEMENT FUND............ $200,000
ILLINOIS HISTORIC SITES FUND.................... $15,000
ILLINOIS SCHOOL ASBESTOS ABATEMENT FUND......... $400,000
ILLINOIS STANDARDBRED BREEDERS FUND............. $35,000
ILLINOIS STATE MEDICAL DISCIPLINARY FUND........ $1,500,000
ILLINOIS STATE PHARMACY DISCIPLINARY FUND....... $1,500,000
ILLINOIS TAX INCREMENT FUND..................... $20,000
INSURANCE FINANCIAL REGULATION FUND............. $920,000
LANDFILL CLOSURE AND POST-CLOSURE FUND.......... $250,000
MANDATORY ARBITRATION FUND...................... $2,000,000
MEDICAID FRAUD AND ABUSE PREVENTION FUND........ $80,000
MENTAL HEALTH FUND.............................. $1,000,000
NEW TECHNOLOGY RECOVERY FUND.................... $1,000,000
NUCLEAR SAFETY EMERGENCY PREPAREDNESS FUND...... $460,000
OPEN SPACE LANDS ACQUISITION
AND DEVELOPMENT FUND.......................... $1,510,000
PLUGGING AND RESTORATION FUND................... $120,000
PLUMBING LICENSURE AND PROGRAM FUND............. $400,000
PUBLIC HEALTH WATER PERMIT FUND................. $90,000
PUBLIC UTILITY FUND............................. $2,000,000
RADIATION PROTECTION FUND....................... $240,000
LOW-LEVEL RADIOACTIVE WASTE FACILITY
DEVELOPMENT AND OPERATION FUND................ $1,000,000
REAL ESTATE AUDIT FUND.......................... $50,000
REAL ESTATE LICENSE ADMINISTRATION FUND......... $750,000
REAL ESTATE RESEARCH AND EDUCATION FUND......... $30,000
REGISTERED CERTIFIED PUBLIC ACCOUNTANTS'
ADMINISTRATION AND DISCIPLINARY FUND.......... $1,000,000
RENEWABLE ENERGY RESOURCES TRUST FUND........... $3,000,000
SAVINGS AND RESIDENTIAL FINANCE
REGULATORY FUND............................... $850,000
SECURITIES AUDIT AND ENFORCEMENT FUND........... $2,000,000
STATE PARKS FUND................................ $593,000
STATE POLICE VEHICLE FUND....................... $15,000
TAX COMPLIANCE AND ADMINISTRATION FUND.......... $150,000
TOURISM PROMOTION FUND.......................... $5,000,000
TRAFFIC AND CRIMINAL CONVICTION
SURCHARGE FUND................................ $250,000
UNDERGROUND RESOURCES CONSERVATION
ENFORCEMENT FUND.............................. $100,000
UNDERGROUND STORAGE TANK FUND................... $12,100,000
ILLINOIS CAPITAL REVOLVING LOAN FUND............ $5,000,000
CONSERVATION 2000 FUND.......................... $15,000
DEATH CERTIFICATE SURCHARGE FUND................ $1,500,000
ENERGY ASSISTANCE CONTRIBUTION FUND............. $750,000
FAIR AND EXPOSITION FUND........................ $500,000
HOME INSPECTOR ADMINISTRATION FUND.............. $100,000
ILLINOIS AFFORDABLE HOUSING TRUST FUND.......... $5,000,000
LARGE BUSINESS ATTRACTION FUND.................. $500,000
SCHOOL TECHNOLOGY REVOLVING LOAN FUND........... $6,000,000
SOLID WASTE MANAGEMENT REVOLVING LOAN FUND...... $2,000,000
WIRELESS CARRIER REIMBURSEMENT FUND............. $2,000,000
EPA STATE PROJECTS TRUST FUND................... $150,000
ILLINOIS THOROUGHBRED
BREEDERS FUND................................. $160,000
FIRE PREVENTION FUND............................ $2,000,000
MOTOR VEHICLE THEFT
PREVENTION TRUST FUND......................... $250,000
CAPITAL DEVELOPMENT BOARD
REVOLVING FUND................................ $500,000
AUDIT EXPENSE FUND.............................. $1,000,000
OFF-HIGHWAY VEHICLE
TRAILS FUND................................... $100,000
CYCLE RIDER SAFETY
TRAINING FUND................................. $1,000,000
GANG CRIME WITNESS PROTECTION FUND.............. $46,000
MISSING AND EXPLOITED CHILDREN TRUST FUND....... $53,000
STATE POLICE VEHICLE FUND....................... $86,000
SEX OFFENDER REGISTRATION FUND.................. $21,000
STATE POLICE WIRELESS SERVICE
EMERGENCY FUND................................ $1,200,000
MEDICAID FRAUD AND ABUSE PREVENTION FUND........ $270,000
STATE CRIME LABORATORY FUND..................... $250,000
LEADS MAINTENANCE FUND.......................... $180,000
STATE POLICE DUI FUND........................... $100,000
PETROLEUM VIOLATION FUND........................ $2,000,000
All such transfers shall be made on July 1, 2003, or as
soon thereafter as practical. These transfers may be made
notwithstanding any other provision of law to the contrary.
(30 ILCS 105/8g)
Sec. 8g. Transfers from General Revenue Fund.
(a) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $10,000,000 from the
General Revenue Fund to the Motor Vehicle License Plate Fund
created by Senate Bill 1028 of the 91st General Assembly.
(b) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $25,000,000 from the
General Revenue Fund to the Fund for Illinois' Future created
by Senate Bill 1066 of the 91st General Assembly.
(c) In addition to any other transfers that may be
provided for by law, on August 30 of each fiscal year's
license period, the Illinois Liquor Control Commission shall
direct and the State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Youth
Alcoholism and Substance Abuse Prevention Fund an amount
equal to the number of retail liquor licenses issued for that
fiscal year multiplied by $50.
(d) The payments to programs required under subsection
(d) of Section 28.1 of the Horse Racing Act of 1975 shall be
made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each
month, or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall
transfer from the General Revenue Fund to each of the special
funds from which payments are to be made under Section
28.1(d) of the Horse Racing Act of 1975 an amount equal to
1/12 of the annual amount required for those payments from
that special fund, which annual amount shall not exceed the
annual amount for those payments from that special fund for
the calendar year 1998. The special funds to which transfers
shall be made under this subsection (d) include, but are not
necessarily limited to, the Agricultural Premium Fund; the
Metropolitan Exposition Auditorium and Office Building Fund;
the Fair and Exposition Fund; the Standardbred Breeders Fund;
the Thoroughbred Breeders Fund; and the Illinois Veterans'
Rehabilitation Fund.
(e) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, but in no event later than June 30, 2000, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $15,000,000 from the General Revenue Fund
to the Fund for Illinois' Future.
(f) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, but in no event later than June 30, 2000, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $70,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
(f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction
of and upon notification from the Governor, the State
Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $160,000,000 from
the General Revenue Fund to the Long-Term Care Provider Fund.
(g) In addition to any other transfers that may be
provided for by law, on July 1, 2001, or as soon thereafter
as may be practical, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,200,000 from
the General Revenue Fund to the Violence Prevention Fund.
(h) In each of fiscal years 2002 through 2007, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and
the State Treasurer shall transfer $5,000,000 from the
General Revenue Fund to the Tourism Promotion Fund.
(i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall
be re-transferred by the State Comptroller and the State
Treasurer from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon
notification from the Governor, but in any event on or before
June 30, 2002.
(i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall
be re-transferred by the State Comptroller and the State
Treasurer from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon
notification from the Governor, but in any event on or before
June 30, 2003.
(j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the
State Treasurer shall transfer amounts not to exceed the
following sums into the Statistical Services Revolving Fund:
From the General Revenue Fund............... $8,450,000
From the Public Utility Fund................ 1,700,000
From the Transportation Regulatory Fund..... 2,650,000
From the Title III Social Security and
Employment Fund........................... 3,700,000
From the Professions Indirect Cost Fund..... 4,050,000
From the Underground Storage Tank Fund...... 550,000
From the Agricultural Premium Fund.......... 750,000
From the State Pensions Fund................ 200,000
From the Road Fund.......................... 2,000,000
From the Health Facilities
Planning Fund............................. 1,000,000
From the Savings and Residential Finance
Regulatory Fund........................... 130,800
From the Appraisal Administration Fund...... 28,600
From the Pawnbroker Regulation Fund......... 3,600
From the Auction Regulation
Administration Fund....................... 35,800
From the Bank and Trust Company Fund........ 634,800
From the Real Estate License
Administration Fund....................... 313,600
(k) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 92nd General
Assembly, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the
General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-3) On or after July 1, 2002 and no later than June
30, 2003, in addition to any other transfers that may be
provided for by law, at the direction of and upon
notification from the Governor, the State Comptroller shall
direct and the State Treasurer shall transfer amounts not to
exceed the following sums into the Statistical Services
Revolving Fund:
Appraisal Administration Fund............... $150,000
General Revenue Fund........................ 10,440,000
Savings and Residential Finance
Regulatory Fund........................ 200,000
State Pensions Fund......................... 100,000
Bank and Trust Company Fund................. 100,000
Professions Indirect Cost Fund.............. 3,400,000
Public Utility Fund......................... 2,081,200
Real Estate License Administration Fund..... 150,000
Title III Social Security and
Employment Fund........................ 1,000,000
Transportation Regulatory Fund.............. 3,052,100
Underground Storage Tank Fund............... 50,000
(l) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $3,000,000 from
the General Revenue Fund to the Presidential Library and
Museum Operating Fund.
(m) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon thereafter
as may be practical, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,200,000 from
the General Revenue Fund to the Violence Prevention Fund.
(n) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon thereafter
as may be practical, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,800,000 from
the General Revenue Fund to the DHS Recoveries Trust Fund.
(o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the
State Treasurer shall transfer amounts not to exceed the
following sums into the Vehicle Inspection Fund:
From the Underground Storage Tank Fund .....$35,000,000.
(p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to
the General Revenue Fund at the direction of and upon
notification from the Governor, but in any event on or before
June 30, 2004.
(q) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $5,000,000 from
the General Revenue Fund to the Illinois Military Family
Relief Fund.
(r) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,922,000 from
the General Revenue Fund to the Presidential Library and
Museum Operating Fund.
(s) In addition to any other transfers that may be
provided for by law, on or after July 1, 2003, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $4,800,000 from the Statewide Economic
Development Fund to the General Revenue Fund.
(t) In addition to any other transfers that may be
provided for by law, on or after July 1, 2003, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $50,000,000 from the General Revenue Fund
to the Budget Stabilization Fund.
(Source: P.A. 91-25, eff. 6-9-99; 91-704, eff. 5-17-00;
92-11, eff. 6-11-01; 92-505, eff. 12-20-01; 92-600, eff.
6-28-02.)
(30 ILCS 105/8h new)
Sec. 8h. Transfers to General Revenue Fund.
Notwithstanding any other State law to the contrary, the
Director of the Bureau of the Budget may from time to time
direct the State Treasurer and Comptroller to transfer a
specified sum from any fund held by the State Treasurer to
the General Revenue Fund in order to help defray the State's
operating costs for the fiscal year. The total transfer
under this Section from any fund in any fiscal year shall not
exceed the lesser of 8% of the revenues to be deposited into
the fund during that year or 25% of the beginning balance in
the fund. No transfer may be made from a fund under this
Section that would have the effect of reducing the available
balance in the fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriation from that fund for that fiscal year. This
Section does not apply to any funds that are restricted by
federal law to a specific use or to any funds in the Motor
Fuel Tax Fund. Notwithstanding any other provision of this
Section, the total transfer under this Section from the Road
Fund or the State Construction Account Fund shall not exceed
5% of the revenues to be deposited into the fund during that
year.
In determining the available balance in a fund, the
Director of the Bureau of the Budget may include receipts,
transfers into the fund, and other resources anticipated to
be available in the fund in that fiscal year.
The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from
the Director of the Bureau of the Budget.
(30 ILCS 105/8j new)
Sec. 8j. Allocation and transfer of fee receipts to
General Revenue Fund. Notwithstanding any other law to the
contrary, additional amounts generated by the new and
increased fees created or authorized by this amendatory Act
of the 93rd General Assembly and by Senate Bill 774, Senate
Bill 841, and Senate Bill 842 of the 93rd General Assembly,
if those bills become law, shall be allocated between the
fund otherwise entitled to receive the fee and the General
Revenue Fund by the Bureau of the Budget. In determining the
amount of the allocation to the General Revenue Fund, the
Director of the Bureau of the Budget shall calculate whether
the available resources in the fund are sufficient to satisfy
the unexpended and unreserved appropriations from the fund
for the fiscal year.
In calculating the available resources in a fund, the
Director of the Bureau of the Budget may include receipts,
transfers into the fund, and other resources anticipated to
be available in the fund in that fiscal year.
Upon determining the amount of an allocation to the
General Revenue Fund under this Section, the Director of the
Bureau of the Budget may direct the State Treasurer and
Comptroller to transfer the amount of that allocation from
the fund in which the fee amounts have been deposited to the
General Revenue Fund; provided, however, that the Director
shall not direct the transfer of any amount that would have
the effect of reducing the available resources in the fund to
an amount less than the amount remaining unexpended and
unreserved from the total appropriation from that fund for
that fiscal year.
The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from
the Director of the Bureau of the Budget.
Section 50-10. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650). Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be
paid into the Child Support Enforcement Trust Fund, a special
fund outside the State Treasury, or to the State Disbursement
Unit established under Section 10-26 of the Illinois Public
Aid Code, as directed by the Department of Public Aid.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the net of
(i) 1/10 of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act during the preceding month (ii) minus, beginning July
1, 2003 and ending June 30, 2004, $6,666,666, and beginning
July 1, 2004, zero. Net revenue realized for a month shall be
defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For fiscal year
2003, the Annual Percentage shall be 8%. For fiscal year
2004, the Annual Percentage shall be 11.7%. For all
other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(1), (2), and (3) of Section 201 of this Act plus the
amount of such refunds remaining approved but unpaid at
the end of the preceding fiscal year, minus the amounts
transferred into the Income Tax Refund Fund from the
Tobacco Settlement Recovery Fund, and the denominator of
which shall be the amounts which will be collected
pursuant to subsections (a) and (b)(1), (2), and (3) of
Section 201 of this Act during the preceding fiscal year;
except that in State fiscal year 2002, the Annual
Percentage shall in no event exceed 7.6%. The Director
of Revenue shall certify the Annual Percentage to the
Comptroller on the last business day of the fiscal year
immediately preceding the fiscal year for which it is to
be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
fiscal year 2003, the Annual Percentage shall be 27%.
For fiscal year 2004, the Annual Percentage shall be 32%.
For all other fiscal years, the Annual Percentage shall
be calculated as a fraction, the numerator of which shall
be the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, and
the denominator of which shall be the amounts which will
be collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year; except that in State fiscal
year 2002, the Annual Percentage shall in no event exceed
23%. The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)
$35,000,000 in January, 2001, (ii) $35,000,000 in
January, 2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act, for paying
rebates under Section 208.1 in the event that the amounts
in the Homeowners' Tax Relief Fund are insufficient for
that purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
and item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year; excluding for fiscal years 2000, 2001,
and 2002 amounts attributable to transfers under item (3)
of subsection (c) less refunds resulting from the earned
income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 91-212, eff. 7-20-99; 91-239, eff. 1-1-00;
91-700, eff. 5-11-00; 91-704, eff. 7-1-00; 91-712, eff.
7-1-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-600,
eff. 6-28-02.)
Section 50-15. The Retailers' Occupation Tax Act is
amended by changing Section 2d as follows:
(35 ILCS 120/2d) (from Ch. 120, par. 441d)
Sec. 2d. Tax prepayment by motor fuel retailer. Any
person engaged in the business of selling motor fuel at
retail, as defined in the Motor Fuel Tax Law, and who is not
a licensed distributor or supplier, as defined in the Motor
Fuel Tax Law, shall prepay to his or her distributor,
supplier, or other reseller of motor fuel a portion of the
tax imposed by this Act if the distributor, supplier, or
other reseller of motor fuel is registered under Section 2a
or Section 2c of this Act. The prepayment requirement
provided for in this Section does not apply to liquid propane
gas.
Beginning on July 1, 2000 and through December 31, 2000,
the Retailers' Occupation Tax paid to the distributor,
supplier, or other reseller shall be an amount equal to $0.01
per gallon of the motor fuel, except gasohol as defined in
Section 2-10 of this Act which shall be an amount equal to
$0.01 per gallon, purchased from the distributor, supplier,
or other reseller.
Before July 1, 2000 and then beginning on January 1, 2001
and through June 30, 2003 thereafter, the Retailers'
Occupation Tax paid to the distributor, supplier, or other
reseller shall be an amount equal to $0.04 per gallon of the
motor fuel, except gasohol as defined in Section 2-10 of this
Act which shall be an amount equal to $0.03 per gallon,
purchased from the distributor, supplier, or other reseller.
Beginning July 1, 2003 and thereafter, the Retailers'
Occupation Tax paid to the distributor, supplier, or other
reseller shall be an amount equal to $0.06 per gallon of the
motor fuel, except gasohol as defined in Section 2-10 of this
Act which shall be an amount equal to $0.05 per gallon,
purchased from the distributor, supplier, or other reseller.
Any person engaged in the business of selling motor fuel
at retail shall be entitled to a credit against tax due under
this Act in an amount equal to the tax paid to the
distributor, supplier, or other reseller.
Every distributor, supplier, or other reseller registered
as provided in Section 2a or Section 2c of this Act shall
remit the prepaid tax on all motor fuel that is due from any
person engaged in the business of selling at retail motor
fuel with the returns filed under Section 2f or Section 3 of
this Act, but the vendors discount provided in Section 3
shall not apply to the amount of prepaid tax that is
remitted. Any distributor or supplier who fails to properly
collect and remit the tax shall be liable for the tax. For
purposes of this Section, the prepaid tax is due on invoiced
gallons sold during a month by the 20th day of the following
month.
(Source: P.A. 91-872, eff. 7-1-00.)
Section 50-35. The Motor Fuel Tax Law is amended by
changing Sections 2b, 6, 6a, and 8 as follows:
(35 ILCS 505/2b) (from Ch. 120, par. 418b)
Sec. 2b. In addition to the tax collection and reporting
responsibilities imposed elsewhere in this Act, a person who
is required to pay the tax imposed by Section 2a of this Act
shall pay the tax to the Department by return showing all
fuel purchased, acquired or received and sold, distributed or
used during the preceding calendar month including losses of
fuel as the result of evaporation or shrinkage due to
temperature variations, and such other reasonable information
as the Department may require. Losses of fuel as the result
of evaporation or shrinkage due to temperature variations may
not exceed 1% of the total gallons in storage at the
beginning of the month, plus the receipts of gallonage during
the month, minus the gallonage remaining in storage at the
end of the month. Any loss reported that is in excess of
this amount shall be subject to the tax imposed by Section 2a
of this Law. On and after July 1, 2001, for each 6-month
period January through June, net losses of fuel (for each
category of fuel that is required to be reported on a return)
as the result of evaporation or shrinkage due to temperature
variations may not exceed 1% of the total gallons in storage
at the beginning of each January, plus the receipts of
gallonage each January through June, minus the gallonage
remaining in storage at the end of each June. On and after
July 1, 2001, for each 6-month period July through December,
net losses of fuel (for each category of fuel that is
required to be reported on a return) as the result of
evaporation or shrinkage due to temperature variations may
not exceed 1% of the total gallons in storage at the
beginning of each July, plus the receipts of gallonage each
July through December, minus the gallonage remaining in
storage at the end of each December. Any net loss reported
that is in excess of this amount shall be subject to the tax
imposed by Section 2a of this Law. For purposes of this
Section, "net loss" means the number of gallons gained
through temperature variations minus the number of gallons
lost through temperature variations or evaporation for each
of the respective 6-month periods.
The return shall be prescribed by the Department and
shall be filed between the 1st and 20th days of each calendar
month. The Department may, in its discretion, combine the
returns filed under this Section, Section 5, and Section 5a
of this Act. The return must be accompanied by appropriate
computer-generated magnetic media supporting schedule data in
the format required by the Department, unless, as provided by
rule, the Department grants an exception upon petition of a
taxpayer. If the return is filed timely, the seller shall
take a discount of 2% through June 30, 2003 and 1.75%
thereafter 2% which is allowed to reimburse the seller for
the expenses incurred in keeping records, preparing and
filing returns, collecting and remitting the tax and
supplying data to the Department on request. The 2% discount,
however, shall be applicable only to the amount of payment
which accompanies a return that is filed timely in accordance
with this Section.
(Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)
(35 ILCS 505/6) (from Ch. 120, par. 422)
Sec. 6. Collection of tax; distributors. A distributor
who sells or distributes any motor fuel, which he is required
by Section 5 to report to the Department when filing a
return, shall (except as hereinafter provided) collect at the
time of such sale and distribution, the amount of tax imposed
under this Act on all such motor fuel sold and distributed,
and at the time of making a return, the distributor shall pay
to the Department the amount so collected less a discount of
2% through June 30, 2003 and 1.75% thereafter 2% which is
allowed to reimburse the distributor for the expenses
incurred in keeping records, preparing and filing returns,
collecting and remitting the tax and supplying data to the
Department on request, and shall also pay to the Department
an amount equal to the amount that would be collectible as a
tax in the event of a sale thereof on all such motor fuel
used by said distributor during the period covered by the
return. However, no payment shall be made based upon dyed
diesel fuel used by the distributor for non-highway purposes.
The 2% discount shall only be applicable to the amount of tax
payment which accompanies a return which is filed timely in
accordance with Section 5 of this Act. In each subsequent
sale of motor fuel on which the amount of tax imposed under
this Act has been collected as provided in this Section, the
amount so collected shall be added to the selling price, so
that the amount of tax is paid ultimately by the user of the
motor fuel. However, no collection or payment shall be made
in the case of the sale or use of any motor fuel to the
extent to which such sale or use of motor fuel may not,
under the constitution and statutes of the United States, be
made the subject of taxation by this State. A person whose
license to act as a distributor of fuel has been revoked
shall, at the time of making a return, also pay to the
Department an amount equal to the amount that would be
collectible as a tax in the event of a sale thereof on all
motor fuel, which he is required by the second paragraph of
Section 5 to report to the Department in making a return, and
which he had on hand on the date on which the license was
revoked, and with respect to which no tax had been previously
paid under this Act.
A distributor may make tax free sales of motor fuel, with
respect to which he is otherwise required to collect the tax,
when the motor fuel is delivered from a dispensing facility
that has withdrawal facilities capable of dispensing motor
fuel into the fuel supply tanks of motor vehicles only as
specified in the following items 3, 4, and 5. A distributor
may make tax-free sales of motor fuel, with respect to which
he is otherwise required to collect the tax, when the motor
fuel is delivered from other facilities only as specified in
the following items 1 through 7.
1. When the sale is made to a person holding a
valid unrevoked license as a distributor, by making a
specific notation thereof on invoices or sales slip
covering each sale.
2. When the sale is made with delivery to a
purchaser outside of this State.
3. When the sale is made to the Federal Government
or its instrumentalities.
4. When the sale is made to a municipal corporation
owning and operating a local transportation system for
public service in this State when an official certificate
of exemption is obtained in lieu of the tax.
5. When the sale is made to a privately owned
public utility owning and operating 2 axle vehicles
designed and used for transporting more than 7
passengers, which vehicles are used as common carriers in
general transportation of passengers, are not devoted to
any specialized purpose and are operated entirely within
the territorial limits of a single municipality or of any
group of contiguous municipalities, or in a close radius
thereof, and the operations of which are subject to the
regulations of the Illinois Commerce Commission, when an
official certificate of exemption is obtained in lieu of
the tax.
6. When a sale of special fuel is made to a person
holding a valid, unrevoked license as a supplier, by
making a specific notation thereof on the invoice or
sales slip covering each such sale.
7. When a sale of special fuel is made to someone
other than a licensed distributor or a licensed supplier
for a use other than in motor vehicles, by making a
specific notation thereof on the invoice or sales slip
covering such sale and obtaining such supporting
documentation as may be required by the Department. The
distributor shall obtain and keep the supporting
documentation in such form as the Department may require
by rule.
8. (Blank).
All special fuel sold or used for non-highway purposes
must have a dye added in accordance with Section 4d of this
Law.
All suits or other proceedings brought for the purpose of
recovering any taxes, interest or penalties due the State of
Illinois under this Act may be maintained in the name of the
Department.
(Source: P.A. 91-173, eff. 1-1-00.)
(35 ILCS 505/6a) (from Ch. 120, par. 422a)
Sec. 6a. Collection of tax; suppliers. A supplier, other
than a licensed distributor, who sells or distributes any
special fuel, which he is required by Section 5a to report to
the Department when filing a return, shall (except as
hereinafter provided) collect at the time of such sale and
distribution, the amount of tax imposed under this Act on all
such special fuel sold and distributed, and at the time of
making a return, the supplier shall pay to the Department the
amount so collected less a discount of 2% through June 30,
2003 and 1.75% thereafter 2% which is allowed to reimburse
the supplier for the expenses incurred in keeping records,
preparing and filing returns, collecting and remitting the
tax and supplying data to the Department on request, and
shall also pay to the Department an amount equal to the
amount that would be collectible as a tax in the event of a
sale thereof on all such special fuel used by said supplier
during the period covered by the return. However, no payment
shall be made based upon dyed diesel fuel used by said
supplier for non-highway purposes. The 2% discount shall only
be applicable to the amount of tax payment which accompanies
a return which is filed timely in accordance with Section
5(a) of this Act. In each subsequent sale of special fuel on
which the amount of tax imposed under this Act has been
collected as provided in this Section, the amount so
collected shall be added to the selling price, so that the
amount of tax is paid ultimately by the user of the special
fuel. However, no collection or payment shall be made in the
case of the sale or use of any special fuel to the extent to
which such sale or use of motor fuel may not, under the
Constitution and statutes of the United States, be made the
subject of taxation by this State.
A person whose license to act as supplier of special fuel
has been revoked shall, at the time of making a return, also
pay to the Department an amount equal to the amount that
would be collectible as a tax in the event of a sale thereof
on all special fuel, which he is required by the 1st
paragraph of Section 5a to report to the Department in making
a return.
A supplier may make tax-free sales of special fuel, with
respect to which he is otherwise required to collect the tax,
when the motor fuel is delivered from a dispensing facility
that has withdrawal facilities capable of dispensing special
fuel into the fuel supply tanks of motor vehicles only as
specified in the following items 1, 2, and 3. A supplier may
make tax-free sales of special fuel, with respect to which he
is otherwise required to collect the tax, when the special
fuel is delivered from other facilities only as specified in
the following items 1 through 7.
1. When the sale is made to the federal government
or its instrumentalities.
2. When the sale is made to a municipal corporation
owning and operating a local transportation system for
public service in this State when an official certificate
of exemption is obtained in lieu of the tax.
3. When the sale is made to a privately owned
public utility owning and operating 2 axle vehicles
designed and used for transporting more than 7
passengers, which vehicles are used as common carriers in
general transportation of passengers, are not devoted to
any specialized purpose and are operated entirely within
the territorial limits of a single municipality or of any
group of contiguous municipalities, or in a close radius
thereof, and the operations of which are subject to the
regulations of the Illinois Commerce Commission, when an
official certificate of exemption is obtained in lieu of
the tax.
4. When a sale of special fuel is made to a person
holding a valid unrevoked license as a supplier or a
distributor by making a specific notation thereof on
invoice or sales slip covering each such sale.
5. When a sale of special fuel is made to someone
other than a licensed distributor or licensed supplier
for a use other than in motor vehicles, by making a
specific notation thereof on the invoice or sales slip
covering such sale and obtaining such supporting
documentation as may be required by the Department. The
supplier shall obtain and keep the supporting
documentation in such form as the Department may require
by rule.
6. (Blank).
7. When a sale of special fuel is made to a person
where delivery is made outside of this State.
All special fuel sold or used for non-highway purposes
must have a dye added in accordance with Section 4d of this
Law.
All suits or other proceedings brought for the purpose of
recovering any taxes, interest or penalties due the State of
Illinois under this Act may be maintained in the name of the
Department.
(Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, subdivision
(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15,
and 16 of Section 15, 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) $2,250,000 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 2000, $1,500,000, beginning with fiscal
year 2001 and ending in fiscal year 2003, $2,250,000, and
$750,000 in fiscal year 2004 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, streets, or pedestrian walkways 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, or for the
installation, construction, reconstruction, or maintenance of
a pedestrian walkway over or under a railroad right-of-way,
as provided for in and in accordance with Section 18c-7401 of
the Illinois Vehicle Code. The Commission shall not order
more than $2,000,000 per year in Grade Crossing Protection
Fund moneys for pedestrian walkways. 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 for the period July 1,
1994 through June 30, 2000, one-twelfth of $25,000,000
each month, and for the period July 1, 2000 through June
30, 2003 2006, one-twelfth of $30,000,000 each month,
and $15,000,000 on July 1, 2003, and $15,000,000 on
January 1 and $15,000,000 on July 1 of each calendar year
for the period January 1, 2004 through June 30, 2006, 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) Until January 1, 2000, 58.4%, and beginning
January 1, 2000, 45.6% 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) Until January 1, 2000, 41.6%, and beginning
January 1, 2000, 54.4% 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. 91-37, eff. 7-1-99; 91-59, eff. 6-30-99;
91-173, eff. 1-1-00; 91-357, eff. 7-29-99; 91-704, eff.
7-1-00; 91-725, eff. 6-2-00; 91-794, eff. 6-9-00; 92-16, eff.
6-28-01; 92-30, eff. 7-1-01.)
Section 50-40. The Uniform Penalty and Interest Act is
amended by changing Sections 3-2 and 3-3 and by adding
Section 3-4.5 as follows:
(35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
Sec. 3-2. Interest.
(a) Interest paid by the Department to taxpayers and
interest charged to taxpayers by the Department shall be paid
at the annual rate determined by the Department. For periods
prior to January 1, 2004, that rate shall be the underpayment
rate established under Section 6621 of the Internal Revenue
Code. For periods after December 31, 2003, that rate shall
be:
(1) for the one-year period beginning with the date
of underpayment or overpayment, the short-term federal
rate established under Section 6621 of the Internal
Revenue Code.
(2) for any period beginning the day after the
one-year period described in paragraph (1) of this
subsection (a), the underpayment rate established under
Section 6621 of the Internal Revenue Code.
(b) The interest rate shall be adjusted on a semiannual
basis, on January 1 and July 1, based upon the underpayment
rate or short-term federal rate going into effect on that
January 1 or July 1 under Section 6621 of the Internal
Revenue Code.
(c) This subsection (c) is applicable to returns due on
and before December 31, 2000. Interest shall be simple
interest calculated on a daily basis. Interest shall accrue
upon tax and penalty due. If notice and demand is made for
the payment of any amount of tax due and if the amount due is
paid within 30 days after the date of such notice and demand,
interest under this Section on the amount so paid shall not
be imposed for the period after the date of the notice and
demand.
(c-5) This subsection (c-5) is applicable to returns due
on and after January 1, 2001. Interest shall be simple
interest calculated on a daily basis. Interest shall accrue
upon tax due. If notice and demand is made for the payment
of any amount of tax due and if the amount due is paid within
30 days after the date of the notice and demand, interest
under this Section on the amount so paid shall not be imposed
for the period after the date of the notice and demand.
(d) No interest shall be paid upon any overpayment of
tax if the overpayment is refunded or a credit approved
within 90 days after the last date prescribed for filing the
original return, or within 90 days of the receipt of the
processable return, or within 90 days after the date of
overpayment, whichever date is latest, as determined without
regard to processing time by the Comptroller or without
regard to the date on which the credit is applied to the
taxpayer's account. In order for an original return to be
processable for purposes of this Section, it must be in the
form prescribed or approved by the Department, signed by the
person authorized by law, and contain all information,
schedules, and support documents necessary to determine the
tax due and to make allocations of tax as prescribed by law.
For the purposes of computing interest, a return shall be
deemed to be processable unless the Department notifies the
taxpayer that the return is not processable within 90 days
after the receipt of the return; however, interest shall not
accumulate for the period following this date of notice.
Interest on amounts refunded or credited pursuant to the
filing of an amended return or claim for refund shall be
determined from the due date of the original return or the
date of overpayment, whichever is later, to the date of
payment by the Department without regard to processing time
by the Comptroller or the date of credit by the Department or
without regard to the date on which the credit is applied to
the taxpayer's account. If a claim for refund relates to an
overpayment attributable to a net loss carryback as provided
by Section 207 of the Illinois Income Tax Act, the date of
overpayment shall be the last day of the taxable year in
which the loss was incurred.
(e) Interest on erroneous refunds. Any portion of the
tax imposed by an Act to which this Act is applicable or any
interest or penalty which has been erroneously refunded and
which is recoverable by the Department shall bear interest
from the date of payment of the refund. However, no interest
will be charged if the erroneous refund is for an amount less
than $500 and is due to a mistake of the Department.
(Source: P.A. 91-803, eff. 1-1-01.)
(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
Sec. 3-3. Penalty for failure to file or pay.
(a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on
a return shall be imposed for failure to file the tax return
on or before the due date prescribed for filing determined
with regard for any extension of time for filing (penalty for
late filing or nonfiling). If any unprocessable return is
corrected and filed within 21 days after notice by the
Department, the late filing or nonfiling penalty shall not
apply. If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total penalty
due shall be the sum of the late filing penalty and the
applicable late payment penalty. Beginning on the effective
date of this amendatory Act of 1995, in the case of any type
of tax return required to be filed more frequently than
annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on
the prescribed due date, the penalty imposed by Section
3-3(a) shall be abated.
(a-5) This subsection (a-5) is applicable to returns due
on and after January 1, 1996 and on or before December 31,
2000. A penalty equal to 2% of the tax required to be shown
due on a return, up to a maximum amount of $250, determined
without regard to any part of the tax that is paid on time or
by any credit that was properly allowable on the date the
return was required to be filed, shall be imposed for failure
to file the tax return on or before the due date prescribed
for filing determined with regard for any extension of time
for filing. However, if any return is not filed within 30
days after notice of nonfiling mailed by the Department to
the last known address of the taxpayer contained in
Department records, an additional penalty amount shall be
imposed equal to the greater of $250 or 2% of the tax shown
on the return. However, the additional penalty amount may
not exceed $5,000 and is determined without regard to any
part of the tax that is paid on time or by any credit that
was properly allowable on the date the return was required to
be filed (penalty for late filing or nonfiling). If any
unprocessable return is corrected and filed within 30 days
after notice by the Department, the late filing or nonfiling
penalty shall not apply. If a penalty for late filing or
nonfiling is imposed in addition to a penalty for late
payment, the total penalty due shall be the sum of the late
filing penalty and the applicable late payment penalty. In
the case of any type of tax return required to be filed more
frequently than annually, when the failure to file the tax
return on or before the date prescribed for filing (including
any extensions) is shown to be nonfraudulent and has not
occurred in the 2 years immediately preceding the failure to
file on the prescribed due date, the penalty imposed by
Section 3-3(a-5) shall be abated.
(a-10) This subsection (a-10) is applicable to returns
due on and after January 1, 2001. A penalty equal to 2% of
the tax required to be shown due on a return, up to a maximum
amount of $250, reduced by any tax that is paid on time or by
any credit that was properly allowable on the date the return
was required to be filed, shall be imposed for failure to
file the tax return on or before the due date prescribed for
filing determined with regard for any extension of time for
filing. However, if any return is not filed within 30 days
after notice of nonfiling mailed by the Department to the
last known address of the taxpayer contained in Department
records, an additional penalty amount shall be imposed equal
to the greater of $250 or 2% of the tax shown on the return.
However, the additional penalty amount may not exceed $5,000
and is determined without regard to any part of the tax that
is paid on time or by any credit that was properly allowable
on the date the return was required to be filed (penalty for
late filing or nonfiling). If any unprocessable return is
corrected and filed within 30 days after notice by the
Department, the late filing or nonfiling penalty shall not
apply. If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total penalty
due shall be the sum of the late filing penalty and the
applicable late payment penalty. In the case of any type of
tax return required to be filed more frequently than
annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on
the prescribed due date, the penalty imposed by Section
3-3(a-10) shall be abated.
(b) This subsection is applicable before January 1,
1998. A penalty of 15% of the tax shown on the return or the
tax required to be shown due on the return shall be imposed
for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(b-5) This subsection is applicable to returns due on
and after January 1, 1998 and on or before December 31, 2000.
A penalty of 20% of the tax shown on the return or the tax
required to be shown due on the return shall be imposed for
failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(b-10) This subsection (b-10) is applicable to returns
due on and after January 1, 2001 and on or before December
31, 2003. A penalty shall be imposed for failure to pay:
(1) the tax shown due on a return on or before the
due date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is
reported in an amended return other than an amended
return timely filed as required by subsection (b) of
Section 506 of the Illinois Income Tax Act (penalty for
late payment or nonpayment of admitted liability). The
amount of penalty imposed under this subsection (b-10)(1)
shall be 2% of any amount that is paid no later than 30
days after the due date, 5% of any amount that is paid
later than 30 days after the due date and not later than
90 days after the due date, 10% of any amount that is
paid later than 90 days after the due date and not later
than 180 days after the due date, and 15% of any amount
that is paid later than 180 days after the due date. If
notice and demand is made for the payment of any amount
of tax due and if the amount due is paid within 30 days
after the date of the notice and demand, then the penalty
for late payment or nonpayment of admitted liability
under this subsection (b-10)(1) on the amount so paid
shall not accrue for the period after the date of the
notice and demand.
(2) the full amount of any tax required to be shown
due on a return and that is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. The amount of penalty
imposed under this subsection (b-10)(2) shall be 20% of
any amount that is not paid within the 30-day period. In
the case of a notice of tax liability that becomes a
final assessment without a protest and hearing, the
penalty provided in this subsection (b-10)(2) shall be
imposed at the expiration of the period provided for the
filing of a protest.
(b-15) This subsection (b-15) is applicable to returns
due on and after January 1, 2004.
(1) A penalty shall be imposed for failure to pay
the tax shown due or required to be shown due on a return
on or before the due date prescribed for payment of that
tax, an amount of underpayment of estimated tax, or an
amount that is reported in an amended return other than
an amended return timely filed as required by subsection
(b) of Section 506 of the Illinois Income Tax Act
(penalty for late payment or nonpayment of admitted
liability). The amount of penalty imposed under this
subsection (b-15)(1) shall be 2% of any amount that is
paid no later than 30 days after the due date, 10% of any
amount that is paid later than 30 days after the due date
and not later than 90 days after the due date, 15% of any
amount that is paid later than 90 days after the due date
and not later than 180 days after the due date, and 20%
of any amount that is paid later than 180 days after the
due date. If notice and demand is made for the payment of
any amount of tax due and if the amount due is paid
within 30 days after the date of this notice and demand,
then the penalty for late payment or nonpayment of
admitted liability under this subsection (b-15)(1) on the
amount so paid shall not accrue for the period after the
date of the notice and demand.
(2) A penalty shall be imposed for failure to file
a return or to show on a timely return the full amount of
any tax required to be shown due. The amount of penalty
imposed under this subsection (b-15)(2) shall be:
(A) 5% of any amount of tax (other than an
amount properly reported on an amended return timely
filed as required by subsection (b) of Section 506
of the Illinois Income Tax Act) that is shown on a
return or amended return filed prior to the date the
Department has initiated an audit or investigation
of the taxpayer;
(B) 10% of any amount of tax (other than an
amount properly reported on an amended return timely
filed as required by subsection (b) of Section 506
of the Illinois Income Tax Act) that is shown on a
return or amended return filed on or after the date
the Department has initiated an audit or
investigation of the taxpayer, but prior to the date
any notice of deficiency, notice of tax liability,
notice of assessment or notice of final assessment
is issued by the Department with respect to any
portion of such underreported amount; or
(C) 20% of any amount that is not reported on
a return or amended return filed prior to the date
any notice of deficiency, notice of tax liability,
notice of assessment or notice of final assessment
is issued by the Department with respect to any
portion of such underreported amount.
(c) For purposes of the late payment penalties, the
basis of the penalty shall be the tax shown or required to be
shown on a return, whichever is applicable, reduced by any
part of the tax which is paid on time and by any credit which
was properly allowable on the date the return was required to
be filed.
(d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
(e) This subsection (e) is applicable to returns due
before January 1, 2001. If both a subsection (b)(1) or
(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty
are assessed against the same return, the subsection (b)(2)
or (b-5)(2) penalty shall be assessed against only the
additional tax found to be due.
(e-5) This subsection (e-5) is applicable to returns due
on and after January 1, 2001. If both a subsection (b-10)(1)
penalty and a subsection (b-10)(2) penalty are assessed
against the same return, the subsection (b-10)(2) penalty
shall be assessed against only the additional tax found to be
due.
(f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
(g) The time within which to file a return or pay an
amount of tax due without imposition of a penalty does not
extend the time within which to file a protest to a notice of
tax liability or a notice of deficiency.
(h) No return shall be determined to be unprocessable
because of the omission of any information requested on the
return pursuant to Section 2505-575 of the Department of
Revenue Law (20 ILCS 2505/2505-575).
(Source: P.A. 91-239, eff. 1-1-00; 91-803, eff. 1-1-01;
92-742, eff. 7-25-02.)
(35 ILCS 735/3-4.5 new)
Sec. 3-4.5. Collection penalty.
(a) If any liability (including any liability for
penalties or interest imposed under this Act) owed by a
taxpayer with respect to any return due on or after July 1,
2003, is not paid in full prior to the date specified in
subsection (b) of this Section, a collection penalty shall be
imposed on the taxpayer. The penalty shall be deemed assessed
as of the date specified in subsection (b) of this Section
and shall be considered additional State tax of the taxpayer
imposed under the law under which the tax being collected was
imposed.
(b) The penalty under subsection (a) of this Section
shall be imposed if full payment is not received prior to the
31st day after a notice and demand, a notice of additional
tax due or a request for payment of a final liability is
issued by the Department.
(c) The penalty imposed under this Section shall be:
(1) $30 in any case in which the amount of the
liability shown on the notice and demand, notice of
additional tax due, or other request for payment that
remains unpaid as of the date specified in subsection (b)
of this Section is less than $1,000; or
(2) $100 in any case in which the amount of the
liability shown on the notice and demand, notice of
additional tax due, or other request for payment that
remains unpaid as of the date specified in subsection (b)
of this Section is $1,000 or more.
Section 50-50. The Illinois Insurance Code is amended by
adding Section 416 as follows:
(215 ILCS 5/416 new)
Sec. 416. Industrial Commission Operations Fund
Surcharge.
(a) As of the effective date of this amendatory Act of
the 93rd General Assembly, every company licensed or
authorized by the Illinois Department of Insurance and
insuring employers' liabilities arising under the Workers'
Compensation Act or the Workers' Occupational Diseases Act
shall remit to the Director a surcharge based upon the annual
direct written premium, as reported under Section 136 of this
Act, of the company in the manner provided in this Section.
Such proceeds shall be deposited into the Industrial
Commission Operations Fund as established in the Workers'
Compensation Act. If a company survives or was formed by a
merger, consolidation, reorganization, or reincorporation,
the direct written premiums of all companies party to the
merger, consolidation, reorganization, or reincorporation
shall, for purposes of determining the amount of the fee
imposed by this Section, be regarded as those of the
surviving or new company.
(b)(1) Except as provided in subsection (b)(2) of this
Section, beginning on July 1, 2004 and each year thereafter,
the Director shall charge an annual Industrial Commission
Operations Fund Surcharge from every company subject to
subsection (a) of this Section equal to 1.5% of its direct
written premium for insuring employers' liabilities arising
under the Workers' Compensation Act or Workers' Occupational
Diseases Act as reported in each company's annual statement
filed for the previous year as required by Section 136. The
Industrial Commission Operations Fund Surcharge shall be
collected by companies subject to subsection (a) of this
Section as a separately stated surcharge on insured employers
at the rate of 1.5% of direct written premium. All sums
collected by the Department of Insurance under the provisions
of this Section shall be paid promptly after the receipt of
the same, accompanied by a detailed statement thereof, into
the Industrial Commission Operations Fund in the State
treasury.
(b)(2) Prior to July 1, 2004, the Director shall charge
and collect the surcharge set forth in subparagraph (b)(1) of
this Section on or before September 1, 2003, December 1,
2003, March 1, 2004 and June 1, 2004. For purposes of this
subsection (b)(2), the company shall remit the amounts to the
Director based on estimated direct premium for each quarter
beginning on July 1, 2003, together with a sworn statement
attesting to the reasonableness of the estimate, and the
estimated amount of direct premium written forming the bases
of the remittance.
(c) In addition to the authority specifically granted
under Article XXV of this Code, the Director shall have such
authority to adopt rules or establish forms as may be
reasonably necessary for purposes of enforcing this Section.
The Director shall also have authority to defer, waive, or
abate the surcharge or any penalties imposed by this Section
if in the Director's opinion the company's solvency and
ability to meet its insured obligations would be immediately
threatened by payment of the surcharge due.
(d) When a company fails to pay the full amount of any
annual Industrial Commission Operations Fund Surcharge of
$100 or more due under this Section, there shall be added to
the amount due as a penalty the greater of $1,000 or an
amount equal to 5% of the deficiency for each month or part
of a month that the deficiency remains unpaid.
(e) The Department of Insurance may enforce the
collection of any delinquent payment, penalty, or portion
thereof by legal action or in any other manner by which the
collection of debts due the State of Illinois may be enforced
under the laws of this State.
(f) Whenever it appears to the satisfaction of the
Director that a company has paid pursuant to this Act an
Industrial Commission Operations Fund Surcharge in an amount
in excess of the amount legally collectable from the company,
the Director shall issue a credit memorandum for an amount
equal to the amount of such overpayment. A credit memorandum
may be applied for the 2-year period from the date of
issuance, against the payment of any amount due during that
period under the surcharge imposed by this Section or,
subject to reasonable rule of the Department of Insurance
including requirement of notification, may be assigned to any
other company subject to regulation under this Act. Any
application of credit memoranda after the period provided for
in this Section is void.
(g) Annually, the Governor may direct a transfer of up
to 2% of all moneys collected under this Section to the
Insurance Financial Regulation Fund.
Section 50-57. The Public Utilities Act is amended by
changing Section 16-111.1 as follows:
(220 ILCS 5/16-111.1)
Sec. 16-111.1. Illinois Clean Energy Community Trust.
(a) An electric utility which has sold or transferred
generating facilities in a transaction to which subsection
(k) of Section 16-111 applies is authorized to establish an
Illinois clean energy community trust or foundation for the
purposes of providing financial support and assistance to
entities, public or private, within the State of Illinois
including, but not limited to, units of State and local
government, educational institutions, corporations, and
charitable, educational, environmental and community
organizations, for programs and projects that benefit the
public by improving energy efficiency, developing renewable
energy resources, supporting other energy related projects
that improve the State's environmental quality, and
supporting projects and programs intended to preserve or
enhance the natural habitats and wildlife areas of the State.
Provided, however, that the trust or foundation funds shall
not be used for the remediation of environmentally impaired
property. The trust or foundation may also assist in
identifying other energy and environmental grant
opportunities.
(b) Such trust or foundation shall be governed by a
declaration of trust or articles of incorporation and bylaws
which shall, at a minimum, provide that:
(1) There shall be 6 voting trustees of the trust
or foundation, one of whom shall be appointed by the
Governor, one of whom shall be appointed by the President
of the Illinois Senate, one of whom shall be appointed by
the Minority Leader of the Illinois Senate, one of whom
shall be appointed by the Speaker of the Illinois House
of Representatives, one of whom shall be appointed by the
Minority Leader of the Illinois House of Representatives,
and one of whom shall be appointed by the electric
utility establishing the trust or foundation, provided
that the voting trustee appointed by the utility shall be
a representative of a recognized environmental action
group selected by the utility. The Governor shall
designate one of the 6 voting trustees to serve as
chairman of the trust or foundation, who shall serve as
chairman of the trust or foundation at the pleasure of
the Governor. In addition, there shall be 4 non-voting
trustees, one of whom shall be appointed by the Director
of the Department of Commerce and Community Affairs, one
of whom shall be appointed by the Director of the
Illinois Environmental Protection Agency, one of whom
shall be appointed by the Director of the Department of
Natural Resources, and one of whom shall be appointed by
the electric utility establishing the trust or
foundation, provided that the non-voting trustee
appointed by the utility shall bring financial expertise
to the trust or foundation and shall have appropriate
credentials therefor.
(2) All voting trustees and the non-voting trustee
with financial expertise shall be entitled to
compensation for their services as trustees, provided,
however, that no member of the General Assembly and no
employee of the electric utility establishing the trust
or foundation serving as a voting trustee shall receive
any compensation for his or her services as a trustee,
and provided further that the compensation to the
chairman of the trust shall not exceed $25,000 annually
and the compensation to any other trustee shall not
exceed $20,000 annually. All trustees shall be entitled
to reimbursement for reasonable expenses incurred on
behalf of the trust in the performance of their duties as
trustees. All such compensation and reimbursements shall
be paid out of the trust.
(3) Trustees shall be appointed within 30 days
after the creation of the trust or foundation and shall
serve for a term of 5 years commencing upon the date of
their respective appointments, until their respective
successors are appointed and qualified.
(4) A vacancy in the office of trustee shall be
filled by the person holding the office responsible for
appointing the trustee whose death or resignation creates
the vacancy, and a trustee appointed to fill a vacancy
shall serve the remainder of the term of the trustee
whose resignation or death created the vacancy.
(5) The trust or foundation shall have an
indefinite term, and shall terminate at such time as no
trust assets remain.
(6) The trust or foundation shall be funded in the
minimum amount of $250,000,000, with the allocation and
disbursement of funds for the various purposes for which
the trust or foundation is established to be determined
by the trustees in accordance with the declaration of
trust or the articles of incorporation and bylaws;
provided, however, that this amount may be reduced by up
to $25,000,000 if, at the time the trust or foundation is
funded, a corresponding amount is contributed by the
electric utility establishing the trust or foundation to
the Board of Trustees of Southern Illinois University for
the purpose of funding programs or projects related to
clean coal and provided further that $25,000,000 of the
amount contributed to the trust or foundation shall be
available to fund programs or projects related to clean
coal.
(7) The trust or foundation shall be authorized to
employ an executive director and other employees, to
enter into leases, contracts and other obligations on
behalf of the trust or foundation, and to incur expenses
that the trustees deem necessary or appropriate for the
fulfillment of the purposes for which the trust or
foundation is established, provided, however, that
salaries and administrative expenses incurred on behalf
of the trust or foundation shall not exceed $500,000 in
the first fiscal year after the trust or foundation is
established and shall not exceed $1,000,000 in each
subsequent fiscal year.
(8) The trustees may create and appoint advisory
boards or committees to assist them with the
administration of the trust or foundation, and to advise
and make recommendations to them regarding the
contribution and disbursement of the trust or foundation
funds.
(c)(1) In addition to the allocation and disbursement of
funds for the purposes set forth in subsection (a) of
this Section, the trustees of the trust or foundation
shall annually contribute funds in amounts set forth in
subparagraph (2) of this subsection to the Citizens
Utility Board created by the Citizens Utility Board Act;
provided, however, that any such funds shall be used
solely for the representation of the interests of utility
consumers before the Illinois Commerce Commission, the
Federal Energy Regulatory Commission, and the Federal
Communications Commission and for the provision of
consumer education on utility service and prices and on
benefits and methods of energy conservation. Provided,
however, that no part of such funds shall be used to
support (i) any lobbying activity, (ii) activities
related to fundraising, (iii) advertising or other
marketing efforts regarding a particular utility, or (iv)
solicitation of support for, or advocacy of, a particular
position regarding any specific utility or a utility's
docketed proceeding.
(2) In the calendar year in which the trust or
foundation is first funded, the trustees shall contribute
$1,000,000 to the Citizens Utility Board within 60 days
after such trust or foundation is established; provided,
however, that such contribution shall be made after
December 31, 1999. In each of the 6 calendar years
subsequent to the first contribution, if the trust or
foundation is in existence, the trustees shall contribute
to the Citizens Utility Board an amount equal to the
total expenditures by such organization in the prior
calendar year, as set forth in the report filed by the
Citizens Utility Board with the chairman of such trust or
foundation as required by subparagraph (3) of this
subsection. Such subsequent contributions shall be made
within 30 days of submission by the Citizens Utility
Board of such report to the Chairman of the trust or
foundation, but in no event shall any annual contribution
by the trustees to the Citizens Utility Board exceed
$1,000,000. Following such 7-year period, an Illinois
statutory consumer protection agency may petition the
trust or foundation for contributions to fund
expenditures of the type identified in paragraph (1), but
in no event shall annual contributions by the trust or
foundation for such expenditures exceed $1,000,000.
(3) The Citizens Utility Board shall file a report
with the chairman of such trust or foundation for each
year in which it expends any funds received from the
trust or foundation setting forth the amount of any
expenditures (regardless of the source of funds for such
expenditures) for: (i) the representation of the
interests of utility consumers before the Illinois
Commerce Commission, the Federal Energy Regulatory
Commission, and the Federal Communications Commission,
and (ii) the provision of consumer education on utility
service and prices and on benefits and methods of energy
conservation. Such report shall separately state the
total amount of expenditures for the purposes or
activities identified by items (i) and (ii) of this
paragraph, the name and address of the external recipient
of any such expenditure, if applicable, and the specific
purposes or activities (including internal purposes or
activities) for which each expenditure was made. Any
report required by this subsection shall be filed with
the chairman of such trust or foundation no later than
March 31 of the year immediately following the year for
which the report is required.
(d) In addition to any other allocation and disbursement
of funds in this Section, the trustees of the trust or
foundation shall contribute an amount up to $125,000,000 (1)
for deposit into the General Obligation Bond Retirement and
Interest Fund held in the State treasury to assist in the
repayment on general obligation bonds issued under subsection
(d) of Section 7 of the General Obligation Bond Act, and (2)
for deposit into funds administered by agencies with
responsibility for environmental activities to assist in
payment for environmental programs. The amount required to be
contributed shall be provided to the trustees in a
certification letter from the Director of the Bureau of the
Budget that shall be provided no later than August 1, 2003.
The payment from the trustees shall be paid to the State no
later than December 31st following the receipt of the letter.
(Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)
Section 50-61. The Liquor Control Act of 1934 is amended
by changing Section 12-4 as follows:
(235 ILCS 5/12-4)
Sec. 12-4. Grape and Wine Resources Fund. Beginning July
1, 1999 and ending June 30, 2003 2004, on the first day of
each State fiscal year, or as soon thereafter as may be
practical, the State Comptroller shall transfer the sum of
$500,000 from the General Revenue Fund to the Grape and Wine
Resources Fund, which is hereby continued as a special fund
in the State Treasury. By January 1, 2004, the Department of
Commerce and Community Affairs shall review the activities of
the Council and report to the General Assembly and the
Governor its recommendation of whether or not the funding
under this Section should be continued.
The Grape and Wine Resources Fund shall be administered
by the Department of Commerce and Community Affairs, which
shall serve as the lead administrative agency for allocation
and auditing of funds as well as monitoring program
implementation. The Department shall make an annual grant of
moneys from the Fund to the Council, which shall be used to
pay for the Council's operations and expenses. These moneys
shall be used by the Council to achieve the Council's
objectives and shall not be used for any political or
legislative purpose. Money remaining in the Fund at the end
of the fiscal year shall remain in the Fund for use during
the following year and shall not be transferred to any other
State fund.
(Source: P.A. 91-472, eff. 8-10-99.)
Section 50-62. The Environmental Protection Act is
amended by changing Sections 55 and 55.8 and adding Section
55.6a as follows:
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains
more than 50 used tires, cause or allow the storage of
any used tire unless the tire is altered, reprocessed,
converted, covered, or otherwise prevented from
accumulating water.
(4) Cause or allow the operation of a tire storage
site except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste
tire on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal
agreements, or Board regulations.
(b) (Blank.)
(b-1) Beginning January 1, 1995, no person shall
knowingly mix any used or waste tire, either whole or cut,
with municipal waste, and no owner or operator of a sanitary
landfill shall accept any used or waste tire for final
disposal; except that used or waste tires, when separated
from other waste, may be accepted if: (1) the sanitary
landfill provides and maintains a means for shredding,
slitting, or chopping whole tires and so treats whole tires
and, if approved by the Agency in a permit issued under this
Act, uses the used or waste tires for alternative uses, which
may include on-site practices such as lining of roadways with
tire scraps, alternative daily cover, or use in a leachate
collection system or (2) the sanitary landfill, by its
notification to the Illinois Industrial Materials Exchange
Service, makes available the used or waste tire to an
appropriate facility for reuse, reprocessing, or converting,
including use as an alternate energy fuel. If, within 30
days after notification to the Illinois Industrial Materials
Exchange Service of the availability of waste tires, no
specific request for the used or waste tires is received by
the sanitary landfill, and the sanitary landfill determines
it has no alternative use for those used or waste tires, the
sanitary landfill may dispose of slit, chopped, or shredded
used or waste tires in the sanitary landfill. In the event
the physical condition of a used or waste tire makes
shredding, slitting, chopping, reuse, reprocessing, or other
alternative use of the used or waste tire impractical or
infeasible, then the sanitary landfill, after authorization
by the Agency, may accept the used or waste tire for
disposal.
Sanitary landfills and facilities for reuse,
reprocessing, or converting, including use as alternative
fuel, shall (i) notify the Illinois Industrial Materials
Exchange Service of the availability of and demand for used
or waste tires and (ii) consult with the Department of
Commerce and Community Affairs regarding the status of
marketing of waste tires to facilities for reuse.
(c) On or before January 1, 1990, Any person who sells
new or used tires at retail or operates a tire storage site
or a tire disposal site which contains more than 50 used or
waste tires shall give notice of such activity to the Agency.
Any person engaging in such activity for the first time after
January 1, 1990, shall give notice to the Agency within 30
days after the date of commencement of the activity. The
form of such notice shall be specified by the Agency and
shall be limited to information regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the
operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at
the location.
(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of
operation, whichever is later) and January 1 of each year
thereafter, (i) registers the site with the Agency, (ii)
certifies to the Agency that the site complies with any
applicable standards adopted by the Board pursuant to
Section 55.2, (iii) reports to the Agency the number of
tires accumulated, the status of vector controls, and the
actions taken to handle and process the tires, and (iv)
pays the fee required under subsection (b) of Section
55.6; or
(2) a tire disposal site, unless the owner or
operator (i) has received approval from the Agency after
filing a tire removal agreement pursuant to Section 55.4,
or (ii) has entered into a written agreement to
participate in a consensual removal action under Section
55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(e) No person shall cause or allow the storage,
disposal, treatment or processing of any used or waste tire
in violation of any regulation or standard adopted by the
Board.
(f) No person shall arrange for the transportation of
used or waste tires away from the site of generation with a
person known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has
been issued by the Agency authorizing such combustion
pursuant to regulations adopted by the Board for the control
of air pollution and consistent with the provisions of
Section 9.4 of this Act.
(i) No person shall cause or allow the use of pesticides
to treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a
tire removal agreement approved by the Agency pursuant to
Section 55.4.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/55.6a new)
Sec. 55.6a. Emergency Public Health Fund.
(a) Beginning on July 1, 2003, moneys in the Emergency
Public Health Fund, subject to appropriation, shall be
allocated annually as follows: (i) $200,000 to the Department
of Natural Resources for the purposes described in Section
55.6(c)(6) and (ii) subject to subsection (b) of this
Section, all remaining amounts to the Department of Public
Health to be used to make vector control grants and
surveillance grants to the Cook County Department of Public
Health (for areas of the County excluding the City of
Chicago), to the City of Chicago health department, and to
other certified local health departments. These grants shall
be used for expenses related to West Nile Virus and other
vector-borne diseases. The amount of each grant shall be
based on population and need as supported by information
submitted to the Department of Public Health. For the
purposes of this Section, need shall be determined by the
Department based primarily upon surveillance data and the
number of positive human cases of West Nile Virus and other
vector-borne diseases occurring during the preceding year and
current year in the county or municipality seeking the grant.
(b) Beginning on July 31, 2003, on the last day of each
month, the State Comptroller shall order transferred and the
State Treasurer shall transfer fees collected in the previous
month pursuant to item (1.5) of subsection (a) of Section
55.8 from the Emergency Public Health Fund to the
Communications Revolving Fund. These transfers shall
continue until the cumulative total of the transfers is
$3,000,000.
(415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
Sec. 55.8. Tire retailers.
(a) Beginning July 1, 1992, any person selling new or
used tires at retail or offering new or used tires for retail
sale in this State shall:
(1) collect from retail customers a fee of $2 one
dollar per new and used tire sold and delivered in this
State to be paid to the Department of Revenue and
deposited into the Used Tire Management Fund, less a
collection allowance of 10 cents per tire to be retained
by the retail seller and a collection allowance of 10
cents per tire to be retained by the Department of
Revenue and paid into the General Revenue Fund;
(1.5) beginning on July 1, 2003, collect from
retail customers an additional 50 cents per new or used
tire sold and delivered in this State. The money
collected from this fee shall be deposited into the
Emergency Public Health Fund. This fee shall no longer
be collected beginning on January 1, 2008.
(2) accept for recycling used tires from customers,
at the point of transfer, in a quantity equal to the
number of new tires purchased; and
(3) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the
universal recycling symbol and the following statements:
"DO NOT put used tires in the trash."; "Recycle your used
tires."; and "State law requires us to accept used tires
for recycling, in exchange for new tires purchased.".
(b) A person who accepts used tires for recycling under
subsection (a) shall not allow the tires to accumulate for
periods of more than 90 days.
(c) The requirements of subsection (a) of this Section
do not apply to mail order sales nor shall the retail sale of
a motor vehicle be considered to be the sale of tires
at retail or offering of tires for retail sale. Instead of
filing returns, retailers of tires may remit the tire user
fee of $1.00 per tire to their suppliers of tires if the
supplier of tires is a registered retailer of tires and
agrees or otherwise arranges to collect and remit the tire
fee to the Department of Revenue, notwithstanding the fact
that the sale of the tire is a sale for resale and not a sale
at retail. A tire supplier who enters into such an
arrangement with a tire retailer shall be liable for the tax
on all tires sold to the tire retailer and must (i) provide
the tire retailer with a receipt that separately reflects the
tire tax collected from the retailer on each transaction and
(ii) accept used tires for recycling from the retailer's
customers. The tire supplier shall be entitled to the
collection allowance of 10 cents per tire.
The retailer of the tires must maintain in its books and
records evidence that the appropriate fee was paid to the
tire supplier and that the tire supplier has agreed to remit
the fee to the Department of Revenue for each tire sold by
the retailer. Otherwise, the tire retailer shall be directly
liable for the fee on all tires sold at retail. Tire
retailers paying the fee to their suppliers are not entitled
to the collection allowance of 10 cents per tire.
(d) The requirements of subsection (a) of this Section
shall apply exclusively to tires to be used for vehicles
defined in Section 1-217 of the Illinois Vehicle Code,
aircraft tires, special mobile equipment, and implements of
husbandry.
(e) The requirements of paragraph (1) of subsection (a)
do not apply to the sale of reprocessed tires. For purposes
of this Section, "reprocessed tire" means a used tire that
has been recapped, retreaded, or regrooved and that has not
been placed on a vehicle wheel rim.
(Source: P.A. 90-14, eff. 7-1-97.)
Section 50-63. The Environmental Impact Fee Law is
amended by changing Section 315 as follows:
(415 ILCS 125/315)
(Section scheduled to be repealed on January 1, 2013)
Sec. 315. Fee on receivers of fuel for sale or use;
collection and reporting. A person that is required to pay
the fee imposed by this Law shall pay the fee to the
Department by return showing all fuel purchased, acquired, or
received and sold, distributed or used during the preceding
calendar month, including losses of fuel as the result of
evaporation or shrinkage due to temperature variations, and
such other reasonable information as the Department may
require. Losses of fuel as the result of evaporation or
shrinkage due to temperature variations may not exceed 1% of
the total gallons in storage at the beginning of the month,
plus the receipts of gallonage during the month, minus the
gallonage remaining in storage at the end of the month. Any
loss reported that is in excess of this amount shall be
subject to the fee imposed by Section 310 of this Law. On and
after July 1, 2001, for each 6-month period January through
June, net losses of fuel (for each category of fuel that is
required to be reported on a return) as the result of
evaporation or shrinkage due to temperature variations may
not exceed 1% of the total gallons in storage at the
beginning of each January, plus the receipts of gallonage
each January through June, minus the gallonage remaining in
storage at the end of each June. On and after July 1, 2001,
for each 6-month period July through December, net losses of
fuel (for each category of fuel that is required to be
reported on a return) as the result of evaporation or
shrinkage due to temperature variations may not exceed 1% of
the total gallons in storage at the beginning of each July,
plus the receipts of gallonage each July through December,
minus the gallonage remaining in storage at the end of each
December. Any net loss reported that is in excess of this
amount shall be subject to the fee imposed by Section 310 of
this Law. For purposes of this Section, "net loss" means the
number of gallons gained through temperature variations minus
the number of gallons lost through temperature variations or
evaporation for each of the respective 6-month periods.
The return shall be prescribed by the Department and
shall be filed between the 1st and 20th days of each calendar
month. The Department may, in its discretion, combine the
return filed under this Law with the return filed under
Section 2b of the Motor Fuel Tax Law. If the return is
timely filed, the receiver may take a discount of 2% through
June 30, 2003 and 1.75% thereafter 2% to reimburse himself
for the expenses incurred in keeping records, preparing and
filing returns, collecting and remitting the fee, and
supplying data to the Department on request. However, the 2%
discount applies only to the amount of the fee payment that
accompanies a return that is timely filed in accordance with
this Section.
(Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01.)
Section 50-75. The Unified Code of Corrections is
amended by changing Section 5-9-1 as follows:
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine which
shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified
in the offense, whichever is greater, or where the
offender is a corporation, $50,000 or the amount
specified in the offense, whichever is greater;
(2) for a Class A misdemeanor, $2,500 or the amount
specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
specified in the offense, whichever is less;
(5) for a business offense, the amount specified in
the statute defining that offense.
(b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
(c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $5 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$5 for each $40, or fraction thereof, of fine imposed, if not
otherwise assessed, shall also be added to every fine imposed
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence
of probation without entry of judgment under Section 10 of
the Cannabis Control Act or Section 410 of the Controlled
Substances Act.
Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund.
The remaining surcharge amount shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, unless the
fine, costs or additional amounts are subject to disbursement
by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered
a part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall
submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c) during the preceding
calendar year. Except as otherwise provided by Supreme Court
Rules, if a court in imposing a fine against an offender
levies a gross amount for fine, costs, fees and penalties,
the amount of the additional penalty provided for herein
shall be computed on the amount remaining after deducting
from the gross amount levied all fees of the Circuit Clerk,
the State's Attorney and the Sheriff. After deducting from
the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of
the Circuit Clerk" shall include, if applicable, the fee
provided for under Section 27.3a of the Clerks of Courts Act
and the fee, if applicable, payable to the county in which
the violation occurred pursuant to Section 5-1101 of the
Counties Code.
(c-5) In addition to the fines imposed by subsection
(c), any person convicted or receiving an order of
supervision for driving under the influence of alcohol or
drugs shall pay an additional $100 fee to the clerk. This
additional fee, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee
of $100 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of
funds remitted to the State Treasurer under this subsection
(c-5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs
by credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
(c-7) In addition to the fines imposed by subsection
(c), any person convicted or receiving an order of
supervision for driving under the influence of alcohol or
drugs shall pay an additional $5 fee to the clerk. This
additional fee, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction
in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Circuit
Clerk shall submit a report of the amount of funds remitted
to the State Treasurer under this subsection (c-7) during the
preceding calendar year.
(c-9) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $4 imposed. The
additional penalty of $4 shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision in criminal, traffic, local ordinance,
county ordinance, or conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence
of probation without entry of judgment under Section 10 of
the Cannabis Control Act or Section 410 of the Controlled
Substances Act. Such additional penalty of $4 shall be
assessed by the court imposing the fine and shall be
collected by the circuit clerk in addition to any other fine,
costs, fees, and penalties in the case. Each such additional
penalty of $4 shall be remitted to the State Treasurer by the
circuit clerk within one month after receipt. The State
Treasurer shall deposit the additional penalty of $4 into the
Traffic and Criminal Conviction Surcharge Fund. The
additional penalty of $4 shall be in addition to any other
fine, costs, fees, and penalties and shall not reduce or
affect the distribution of any other fine, costs, fees, and
penalties.
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
(1) the financial resources and future ability of
the offender to pay the fine; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the
victim of the offense; and
(3) in a case where the accused is a dissolved
corporation and the court has appointed counsel to
represent the corporation, the costs incurred either by
the county or the State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
(f) All fines, costs and additional amounts 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.
(Source: P.A. 92-431, eff. 1-1-02.)
Section 50-80. The Workers' Compensation Act is amended
by adding Section 4d as follows:
(820 ILCS 305/4d new)
Sec. 4d. Industrial Commission Operations Fund Fee.
(a) As of the effective date of this amendatory Act of
the 93rd General Assembly, each employer that self-insures
its liabilities arising under this Act or Workers'
Occupational Diseases Act shall pay a fee measured by the
annual actual wages paid in this State of such an employer in
the manner provided in this Section. Such proceeds shall be
deposited in the Industrial Commission Operations Fund. If an
employer survives or was formed by a merger, consolidation,
reorganization, or reincorporation, the actual wages paid in
this State of all employers party to the merger,
consolidation, reorganization, or reincorporation shall, for
purposes of determining the amount of the fee imposed by this
Section, be regarded as those of the surviving or new
employer.
(b) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly and on July 1 of each year
thereafter, the Chairman shall charge and collect an annual
Industrial Commission Operations Fund Fee from every employer
subject to subsection (a) of this Section equal to 0.045% of
its annual actual wages paid in this State as reported in
each employer's annual self-insurance renewal filed for the
previous year as required by Section 4 of this Act and
Section 4 of the Workers' Occupational Diseases Act. All sums
collected by the Commission under the provisions of this
Section shall be paid promptly after the receipt of the same,
accompanied by a detailed statement thereof, into the
Industrial Commission Operations Fund.
(c) In addition to the authority specifically granted
under Section 16, the Chairman shall have such authority to
adopt rules or establish forms as may be reasonably necessary
for purposes of enforcing this Section. The Commission shall
have authority to defer, waive, or abate the fee or any
penalties imposed by this Section if in the Commission's
opinion the employer's solvency and ability to meet its
obligations to pay workers' compensation benefits would be
immediately threatened by payment of the fee due.
(d) When an employer fails to pay the full amount of any
annual Industrial Commission Operations Fund Fee of $100 or
more due under this Section, there shall be added to the
amount due as a penalty the greater of $1,000 or an amount
equal to 5% of the deficiency for each month or part of a
month that the deficiency remains unpaid.
(e) The Commission may enforce the collection of any
delinquent payment, penalty or portion thereof by legal
action or in any other manner by which the collection of
debts due the State of Illinois may be enforced under the
laws of this State.
(f) Whenever it appears to the satisfaction of the
Chairman that an employer has paid pursuant to this Act an
Industrial Commission Operations Fund Fee in an amount in
excess of the amount legally collectable from the employer,
the Chairman shall issue a credit memorandum for an amount
equal to the amount of such overpayment. A credit memorandum
may be applied for the 2-year period from the date of
issuance against the payment of any amount due during that
period under the fee imposed by this Section or, subject to
reasonable rule of the Commission including requirement of
notification, may be assigned to any other employer subject
to regulation under this Act. Any application of credit
memoranda after the period provided for in this Section is
void.
ARTICLE 75
Section 75-1. The Secretary of State Act is amended by
changing Section 5.5 as follows:
(15 ILCS 305/5.5)
Sec. 5.5. Secretary of State fees. There shall be paid
to the Secretary of State the following fees:
For certificate or apostille, with seal: $2.
For each certificate, without seal: $1.
For each commission to any officer or other person
(except military commissions), with seal: $2.
For copies of exemplifications of records, or for a
certified copy of any document, instrument, or paper when not
otherwise provided by law, and it does not exceed legal size:
$0.50 per page or any portion of a page; and $2 for the
certificate, with seal affixed.
For copies of exemplifications of records or a certified
copy of any document, instrument, or paper, when not
otherwise provided for by law, that exceeds legal size: $1
per page or any portion of a page; and $2 for the
certificate, with seal affixed.
For copies of bills or other papers: $0.50 per page or
any portion of a page; and $2 for the certificate, with seal
affixed, except that there shall be no charge for making or
certifying copies that are furnished to any governmental
agency for official use.
For recording a duplicate of an affidavit showing the
appointment of trustees of a religious corporation: $0.50;
and $2 for the certificate of recording, with seal affixed.
For filing and recording an application under the Soil
Conservation Districts Law and making and issuing a
certificate for the application, under seal: $10.
For recording any other document, instrument, or paper
required or permitted to be recorded with the Secretary of
State, which recording shall be done by any approved
photographic or photostatic process, if the page to be
recorded does not exceed legal size and the fees and charges
therefor are not otherwise fixed by law: $0.50 per page or
any portion of a page; and $2 for the certificate of
recording, with seal affixed.
For recording any other document, instrument, or paper
required or permitted to be recorded with the Secretary of
State, which recording shall be done by any approved
photographic or photostatic process, if the page to be
recorded exceeds legal size and the fees and charges therefor
are not otherwise fixed by law: $1 per page or any portion of
a page; and $2 for the certificate of recording attached to
the original, with seal affixed.
For each duplicate certified copy of a school land
patent: $3.
For each photostatic copy of a township plat: $2.
For each page of a photostatic copy of surveyors field
notes: $2.
For each page of a photostatic copy of a state land
patent, including certification: $4.
For each page of a photostatic copy of a swamp land
grant: $2.
For each page of photostatic copies of all other
instruments or documents relating to land records: $2.
For each check, money order, or bank draft returned by
the Secretary of State when it has not been honored: $25 $2.
For any research request received after the effective
date of the changes made to this Section by this amendatory
Act of the 93rd General Assembly by an out-of-State or
non-Illinois resident: $10, prepaid and nonrefundable, for
which the requester will receive up to 2 unofficial
noncertified copies of the records requested. The fees under
this paragraph shall be deposited into the General Revenue
Fund.
The Illinois State Archives is authorized to charge
reasonable fees to reimburse the cost of production and
distribution of copies of finding aids to the records that it
holds or copies of published versions or editions of those
records in printed, microfilm, or electronic formats. The
fees under this paragraph shall be deposited into the General
Revenue Fund.
As used in this Section, "legal size" means a sheet of
paper that is 8.5 inches wide and 14 inches long, or written
or printed matter on a sheet of paper that does not exceed
that width and length, or either of them.
(Source: P.A. 89-233, eff. 1-1-96.)
Section 75-2. The Capital Development Board Act is
amended by changing Section 9.02a as follows:
(20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
(This Section is scheduled to be repealed on June 30,
2004)
Sec. 9.02a. To charge contract administration fees used
to administer and process the terms of contracts awarded by
this State. Contract administration fees shall not exceed 3%
1.5% of the contract amount. This Section is repealed June
30, 2004.
(Source: P.A. 91-795, eff. 6-9-00.)
Section 75-2.5. The Lobbyist Registration Act is amended
by changing Section 5 as follows:
(25 ILCS 170/5) (from Ch. 63, par. 175)
Sec. 5. Lobbyist registration and disclosure. Every
person required to register under Section 3 shall each and
every year, or before any such service is performed which
requires the person to register, file in the Office of the
Secretary of State a written statement containing the
following information:
(a) The name and address of the registrant.
(b) The name and address of the person or persons
employing or retaining registrant to perform such
services or on whose behalf the registrant appears.
(c) A brief description of the executive,
legislative, or administrative action in reference to
which such service is to be rendered.
(d) A picture of the registrant.
Persons required to register under this Act prior to July
1, 2003, shall remit a single, annual and nonrefundable $50
registration fee. All fees collected for registrations prior
to July 1, 2003, shall be deposited into the Lobbyist
Registration Administration Fund for administration and
enforcement of this Act. Beginning July 1, 2003, all persons
other than entities qualified under Section 501(c)(3) of the
Internal Revenue Code required to register under this Act
shall remit a single, annual, and nonrefundable $300
registration fee. Entities required to register under this
Act which are qualified under Section 501(c)(3) of the
Internal Revenue Code shall remit a single, annual, and
nonrefundable $100 registration fee. The increases in the
fees from $50 to $100 and from $50 to $300 by this amendatory
Act of the 93rd General Assembly are in addition to any other
fee increase enacted by the 93rd or any subsequent General
Assembly. Of each registration fee collected for
registrations on or after July 1, 2003, any additional amount
collected as a result of any other fee increase enacted by
the 93rd or any subsequent General Assembly shall be
deposited into the Lobbyist Registration Administration Fund
for the purposes provided by law for that fee increase, the
next $100 shall be deposited into the Lobbyist Registration
Administration Fund for administration and enforcement of
this Act, and any balance shall be deposited into the General
Revenue Fund.
(Source: P.A. 88-187.)
Section 75-3. The State Finance Act is amended by adding
Section 5.596 and changing Sections 6z-34 and 6z-48 as
follows:
(30 ILCS 105/5.596 new)
Sec. 5.596. The Illinois Clean Water Fund.
(30 ILCS 105/6z-34)
Sec. 6z-34. Secretary of State Special Services Fund.
There is created in the State Treasury a special fund to be
known as the Secretary of State Special Services Fund.
Moneys deposited into the Fund may, subject to appropriation,
be used by the Secretary of State for any or all of the
following purposes:
(1) For general automation efforts within
operations of the Office of Secretary of State.
(2) For technology applications in any form that
will enhance the operational capabilities of the Office
of Secretary of State.
(3) To provide funds for any type of library grants
authorized and administered by the Secretary of State as
State Librarian.
These funds are in addition to any other funds otherwise
authorized to the Office of Secretary of State for like or
similar purposes.
On August 15, 1997, all fiscal year 1997 receipts that
exceed the amount of $15,000,000 shall be transferred from
this Fund to the Statistical Services Revolving Fund; on
August 15, 1998 and each year thereafter through 2000, all
receipts from the fiscal year ending on the previous June
30th that exceed the amount of $17,000,000 shall be
transferred from this Fund to the Statistical Services
Revolving Fund; and on August 15, 2001 and each year
thereafter through 2002, all receipts from the fiscal year
ending on the previous June 30th that exceed the amount of
$19,000,000 shall be transferred from this Fund to the
Statistical Services Revolving Fund; and on August 15, 2003
and each year thereafter, all receipts from the fiscal year
ending on the previous June 30th that exceed the amount of
$33,000,000 shall be transferred from this Fund to the
Statistical Services Revolving Fund.
(Source: P.A. 92-32, eff. 7-1-01.)
(30 ILCS 105/6z-48)
Sec. 6z-48. Motor Vehicle License Plate Fund.
(a) The Motor Vehicle License Plate Fund is hereby
created as a special fund in the State Treasury. The Fund
shall consist of the deposits provided for in Section 2-119
of the Illinois Vehicle Code and any moneys appropriated to
the Fund.
(b) The Motor Vehicle License Plate Fund shall be used,
subject to appropriation, for the costs incident to providing
new or replacement license plates for motor vehicles.
(c) Any balance remaining in the Motor Vehicle License
Plate Fund at the close of business on December 31, 2004
shall be transferred into the Road Fund, and the Motor
Vehicle License Plate Fund is abolished when that transfer
has been made.
(Source: P.A. 91-37, eff. 7-1-99.)
Section 75-4. The Coin-Operated Amusement Device and
Redemption Machine Tax Act is amended by changing Sections 1,
2, 3, 4b, and 6 as follows:
(35 ILCS 510/1) (from Ch. 120, par. 481b.1)
Sec. 1. There is imposed, on the privilege of operating
every coin-in-the-slot-operated amusement device, including a
device operated or operable by insertion of coins, tokens,
chips or similar objects, in this State which returns to the
player thereof no money or property or right to receive money
or property, and on the privilege of operating in this State
a redemption machine as defined in Section 28-2 of the
Criminal Code of 1961, an annual a privilege tax of $30 $15
for each device for which a license was issued for a period
beginning on or after August 1 of any year and prior to
August February 1 of the succeeding year. A privilege tax of
$8 is imposed on the privilege of operating such a device for
which a license was issued for a period beginning on or after
February 1 of any year and ending July 31 of that year.
(Source: P.A. 86-905; 86-957; 87-855.)
(35 ILCS 510/2) (from Ch. 120, par. 481b.2)
Sec. 2. (a) Any person, firm, limited liability company,
or corporation which displays any device described in Section
1, to be played or operated by the public at any place owned
or leased by any such person, firm, limited liability
company, or corporation, shall before he displays such
device, file in the Office of the Department of Revenue a
form containing information regarding an application for a
license for such device properly sworn to, setting forth his
name and address, with a brief description of the device to
be displayed and the premises where such device will be
located, together with such other relevant data as the
Department of Revenue may require. Such form application for
a license shall be accompanied by the required privilege
license tax for each device. Such privilege license tax shall
be paid to the Department of Revenue of the State of Illinois
and all monies received by the Department of Revenue under
this Act shall be paid into the General Revenue Fund in the
State Treasury. The Department of Revenue shall supply and
deliver to the person, firm, limited liability company, or
corporation which displays any device described in Section 1,
charges prepaid and without additional cost, one privilege
tax decal license tag for each such device on which the tax
has been paid an application is made, stating the year for
which issued. Such privilege tax decal license tag shall
thereupon be securely affixed to such device.
(b) If an amount of tax, penalty, or interest has been
paid in error to the Department, the taxpayer may file a
claim for credit or refund with the Department. If it is
determined that the Department must issue a credit or refund
under this Act, the Department may first apply the amount of
the credit or refund due against any amount of tax, penalty,
or interest due under this Act from the taxpayer entitled to
the credit or refund. If proceedings are pending to
determine if any tax, penalty, or interest is due under this
Act from the taxpayer, the Department may withhold issuance
of the credit or refund pending the final disposition of
those proceedings and may apply that credit or refund against
any amount determined to be due to the Department as a result
of those proceedings. The balance, if any, of the credit or
refund shall be paid to the taxpayer.
If no tax, penalty, or interest is due and no proceedings
are pending to determine whether the taxpayer is indebted to
the Department for tax, penalty, or interest, the credit
memorandum or refund shall be issued to the taxpayer; or, the
credit memorandum may be assigned by the taxpayer, subject to
reasonable rules of the Department, to any other person who
is subject to this Act, and the amount of the credit
memorandum by the Department against any tax, penalty, or
interest due or to become due under this Act from the
assignee.
For any claim for credit or refund filed with the
Department on or after each July 1, no amount erroneously
paid more than 3 years before that July 1, shall be credited
or refunded.
A claim for credit or refund shall be filed on a form
provided by the Department. As soon as practicable after any
claim for credit or refund is filed, the Department shall
determine the amount of credit or refund to which the
claimant is entitled and shall notify the claimant of that
determination.
A claim for credit or refund shall be filed with the
Department on the date it is received by the Department.
Upon receipt of any claim for credit or refund filed under
this Section, an officer or employee of the Department,
authorized by the Director of Revenue to acknowledge receipt
of such claims on behalf of the Department, shall deliver or
mail to the claimant or his duly authorized agent, a written
receipt, acknowledging that the claim has been filed with the
Department, describing the claim in sufficient detail to
identify it, and stating the date on which the claim was
received by the Department. The written receipt shall be
prima facie evidence that the Department received the claim
described in the receipt and shall be prima facie evidence of
the date when such claim was received by the Department. In
the absence of a written receipt, the records of the
Department as to whether a claim was received, or when the
claim was received by the Department, shall be deemed to be
prima facie correct in the event of any dispute between the
claimant, or his legal representative, and the Department on
these issues.
Any credit or refund that is allowed under this Article
shall bear interest at the rate and in the manner specified
in the Uniform Penalty and Interest Act.
If the Department determines that the claimant is
entitled to a refund, the refund shall be made only from an
appropriation to the Department for that purpose. If the
amount appropriated is insufficient to pay claimants electing
to receive a cash refund, the Department by rule or
regulation shall first provide for the payment of refunds in
hardship cases as defined by the Department.
(Source: P.A. 88-194; 88-480; 88-670, eff. 12-2-94.)
(35 ILCS 510/3) (from Ch. 120, par. 481b.3)
Sec. 3. (1) All privilege tax decals 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 privilege tax decals licenses issued
hereunder shall expire on July 31 following issuance.
(2) (Blank).
(Source: P.A. 91-357, eff. 7-29-99.)
(35 ILCS 510/4b) (from Ch. 120, par. 481b.4b)
Sec. 4b. The Department of Revenue is hereby authorized
to implement a program whereby the privilege tax decals
licenses required by and the taxes imposed by this Act may be
distributed and collected on behalf of the Department by
State or national banks and by State or federal savings and
loan associations. The Department shall promulgate such
rules and regulations as are reasonable and necessary to
establish the system of collection of taxes and distribution
of privilege tax decals licenses authorized by this Section.
Such rules and regulations shall provide for the licensing of
such financial institutions, specification of information to
be disclosed in an application therefor and the imposition of
a license fee not in excess of $100 annually.
(Source: P.A. 85-1423.)
(35 ILCS 510/6) (from Ch. 120, par. 481b.6)
Sec. 6. The Department of Revenue is hereby empowered and
authorized in the name of the People of the State of Illinois
in a suit or suits in any court of competent jurisdiction to
enforce the collection of any unpaid license tax, fines or
penalties provided for in this Act.
(Source: Laws 1953, p. 956.)
(35 ILCS 510/9 rep.)
Section 75-4.1. The Coin-Operated Amusement Device and
Redemption Machine Tax Act is amended by repealing Section 9.
Section 75-5. The Illinois Pension Code is amended by
changing Section 1A-112 as follows:
(40 ILCS 5/1A-112)
Sec. 1A-112. Fees.
(a) Every pension fund that is required to file an
annual statement under Section 1A-109 shall pay to the
Department an annual compliance fee. In the case of a
pension fund under Article 3 or 4 of this Code, the annual
compliance fee shall be 0.02% 0.007% (2 0.7 basis points) of
the total assets of the pension fund, as reported in the most
current annual statement of the fund, but not more than
$8,000 $6,000. In the case of all other pension funds and
retirement systems, the annual compliance fee shall be $8,000
$6,000.
(b) The annual compliance fee shall be due on June 30
for the following State fiscal year, except that the fee
payable in 1997 for fiscal year 1998 shall be due no earlier
than 30 days following the effective date of this amendatory
Act of 1997.
(c) Any information obtained by the Division that is
available to the public under the Freedom of Information Act
and is either compiled in published form or maintained on a
computer processible medium shall be furnished upon the
written request of any applicant and the payment of a
reasonable information services fee established by the
Director, sufficient to cover the total cost to the Division
of compiling, processing, maintaining, and generating the
information. The information may be furnished by means of
published copy or on a computer processed or computer
processible medium.
No fee may be charged to any person for information that
the Division is required by law to furnish to that person.
(d) Except as otherwise provided in this Section, all
fees and penalties collected by the Department under this
Code shall be deposited into the Public Pension Regulation
Fund.
(e) Fees collected under subsection (c) of this Section
and money collected under Section 1A-107 shall be deposited
into the Department's Statistical Services Revolving Fund and
credited to the account of the Public Pension Division. This
income shall be used exclusively for the purposes set forth
in Section 1A-107. Notwithstanding the provisions of Section
408.2 of the Illinois Insurance Code, no surplus funds
remaining in this account shall be deposited in the Insurance
Financial Regulation Fund. All money in this account that
the Director certifies is not needed for the purposes set
forth in Section 1A-107 of this Code shall be transferred to
the Public Pension Regulation Fund.
(f) Nothing in this Code prohibits the General Assembly
from appropriating funds from the General Revenue Fund to the
Department for the purpose of administering or enforcing this
Code.
(Source: P.A. 90-507, eff. 8-22-97.)
Section 75-7. The Illinois Savings and Loan Act of 1985
is amended by changing Section 2B-6 as follows:
(205 ILCS 105/2B-6) (from Ch. 17, par. 3302B-6)
Sec. 2B-6. Foreign savings and loan associations shall
pay to the Commissioner the following fees that shall be paid
into the Savings and Residential Finance Regulatory Fund, to
wit: For filing each application for admission to do
business in this State, $1,125 $750; and for each certificate
of authority and annual renewal of same, $300 $200.
(Source: P.A. 85-1143; 86-1213.)
Section 75-10. The Illinois Credit Union Act is amended
by changing Section 12 as follows:
(205 ILCS 305/12) (from Ch. 17, par. 4413)
Sec. 12. Regulatory fees.
(1) A credit union regulated by the Department shall pay
a regulatory fee to the Department based upon its total
assets as shown by its Year-end Call Report at the following
rates:
TOTAL ASSETS REGULATORY FEE
$25,000 or less .............. $150 $100
Over $25,000 and not over
$100,000 ..................... $150 $100 plus $6 $4 per
$1,000 of assets in excess of
$25,000
Over $100,000 and not over
$200,000 ..................... $600 $400 plus $4.50 $3 per
$1,000 of assets in excess of
$100,000
Over $200,000 and not over
$500,000 ..................... $1,050 $700 plus $3 $2 per
$1,000 of assets in excess of
$200,000
Over $500,000 and not over
$1,000,000 ................... $1,950 $1,300 plus $2.10 $1.40
per $1,000 of assets in excess
of $500,000
Over $1,000,000 and not
over $5,000,000............... $3,000 $2,000 plus $0.75 $0.50
per $1,000 of assets in
excess of $1,000,000
Over $5,000,000 and not
over $30,000,000 ............. $6,000 $4,000 plus $0.525
$0.35 per $1,000 assets
in excess of $5,000,000
Over $30,000,000 and not
over $100,000,000 ............ $19,125 $12,750 plus $0.45
$0.30 per $1,000 of assets in
excess of $30,000,000
Over $100,000,000 and not
over $500,000,000 ............ $50,625 $33,750 plus $0.225
$0.15 per $1,000 of assets in
excess of $100,000,000
Over $500,000,000 ............ $140,625 $93,750 plus $0.075
$0.05 per $1,000 of assets in
excess of $500,000,000
(2) The Director shall review the regulatory fee
schedule in subsection (1) and the projected earnings on
those fees on an annual basis and adjust the fee schedule no
more than 5% annually if necessary to defray the estimated
administrative and operational expenses of the Department as
defined in subsection (5). The Director shall provide credit
unions with written notice of any adjustment made in the
regulatory fee schedule.
(3) Not later than March 1 of each calendar year, a
credit union shall pay to the Department a regulatory fee for
that calendar year in accordance with the regulatory fee
schedule in subsection (1), on the basis of assets as of the
Year-end Call Report of the preceding year. The regulatory
fee shall not be less than $150 $100 or more than $187,500
$125,000, provided that the regulatory fee cap of $187,500
$125,000 shall be adjusted to incorporate the same percentage
increase as the Director makes in the regulatory fee schedule
from time to time under subsection (2). No regulatory fee
shall be collected from a credit union until it has been in
operation for one year.
(4) The aggregate of all fees collected by the
Department under this Act shall be paid promptly after they
are received, accompanied by a detailed statement thereof,
into the State Treasury and shall be set apart in the Credit
Union Fund, a special fund hereby created in the State
treasury. The amount from time to time deposited in the
Credit Union Fund and shall be used to offset the ordinary
administrative and operational expenses of the Department
under this Act. All earnings received from investments of
funds in the Credit Union Fund shall be deposited into the
Credit Union Fund and may be used for the same purposes as
fees deposited into that Fund.
(5) The administrative and operational expenses for any
calendar year shall mean the ordinary and contingent expenses
for that year incidental to making the examinations provided
for by, and for administering, this Act, including all
salaries and other compensation paid for personal services
rendered for the State by officers or employees of the State
to enforce this Act; all expenditures for telephone and
telegraph charges, postage and postal charges, office
supplies and services, furniture and equipment, office space
and maintenance thereof, travel expenses and other necessary
expenses; all to the extent that such expenditures are
directly incidental to such examination or administration.
(6) When the aggregate of all fees collected by the
Department under this Act and all earnings thereon for any
calendar year exceeds 150% of the total administrative and
operational expenses under this Act for that year, such
excess shall be credited to credit unions and applied against
their regulatory fees for the subsequent year. The amount
credited to a credit union shall be in the same proportion as
the fee paid by such credit union for the calendar year in
which the excess is produced bears to the aggregate of the
fees collected by the Department under this Act for the same
year.
(7) Examination fees for the year 2000 statutory
examinations paid pursuant to the examination fee schedule in
effect at that time shall be credited toward the regulatory
fee to be assessed the credit union in calendar year 2001.
(8) Nothing in this Act shall prohibit the General
Assembly from appropriating funds to the Department from the
General Revenue Fund for the purpose of administering this
Act.
(Source: P.A. 91-755, eff. 1-1-01; 92-293, eff. 8-9-01.)
Section 75-15. The Currency Exchange Act is amended by
changing Section 16 as follows:
(205 ILCS 405/16) (from Ch. 17, par. 4832)
Sec. 16. Annual report; investigation; costs. Each
licensee shall annually, on or before the 1st day of March,
file a report with the Director for the calendar year period
from January 1st through December 31st, except that the
report filed on or before March 15, 1990 shall cover the
period from October 1, 1988 through December 31, 1989, (which
shall be used only for the official purposes of the Director)
giving such relevant information as the Director may
reasonably require concerning, and for the purpose of
examining, the business and operations during the preceding
fiscal year period of each licensed currency exchange
conducted by such licensee within the State. Such report
shall be made under oath and shall be in the form prescribed
by the Director and the Director may at any time and shall at
least once in each year investigate the currency exchange
business of any licensee and of every person, partnership,
association, limited liability company, and corporation who
or which shall be engaged in the business of operating a
currency exchange. For that purpose, the Director shall have
free access to the offices and places of business and to such
records of all such persons, firms, partnerships,
associations, limited liability companies and members
thereof, and corporations and to the officers and directors
thereof that shall relate to such currency exchange business.
The investigation may be conducted in conjunction with
representatives of other State agencies or agencies of
another state or of the United States as determined by the
Director. The Director may at any time inspect the locations
served by an ambulatory currency exchange, for the purpose of
determining whether such currency exchange is complying with
the provisions of this Act at each location served. The
Director may require by subpoena the attendance of and
examine under oath all persons whose testimony he may require
relative to such business, and in such cases the Director, or
any qualified representative of the Director whom the
Director may designate, may administer oaths to all such
persons called as witnesses, and the Director, or any such
qualified representative of the Director, may conduct such
examinations, and there shall be paid to the Director for
each such examination a fee of $225 $150 for each day or part
thereof for each qualified representative designated and
required to conduct the examination; provided, however, that
in the case of an ambulatory currency exchange, such fee
shall be $75 for each day or part thereof and shall not be
increased by reason of the number of locations served by it.
(Source: P.A. 92-398, eff. 1-1-02.)
Section 75-17. The Residential Mortgage License Act of
1987 is amended by changing Sections 2-2 and 2-6 as follows:
(205 ILCS 635/2-2) (from Ch. 17, par. 2322-2)
Sec. 2-2. Application process; investigation; fee.
(a) The Commissioner shall issue a license upon
completion of all of the following:
(1) The filing of an application for license.
(2) The filing with the Commissioner of a listing
of judgments entered against, and bankruptcy petitions
by, the license applicant for the preceding 10 years.
(3) The payment, in certified funds, of
investigation and application fees, the total of which
shall be in an amount equal to $2,700 $1,800 annually,
however, the Commissioner may increase the investigation
and application fees by rule as provided in Section 4-11.
(4) Except for a broker applying to renew a
license, the filing of an audited balance sheet including
all footnotes prepared by a certified public accountant
in accordance with generally accepted accounting
principles and generally accepted auditing principles
which evidences that the applicant meets the net worth
requirements of Section 3-5.
(5) The filing of proof satisfactory to the
Commissioner that the applicant, the members thereof if
the applicant is a partnership or association, the
members or managers thereof that retain any authority or
responsibility under the operating agreement if the
applicant is a limited liability company, or the officers
thereof if the applicant is a corporation have 3 years
experience preceding application in real estate finance.
Instead of this requirement, the applicant and the
applicant's officers or members, as applicable, may
satisfactorily complete a program of education in real
estate finance and fair lending, as approved by the
Commissioner, prior to receiving the initial license.
The Commissioner shall promulgate rules regarding proof
of experience requirements and educational requirements
and the satisfactory completion of those requirements.
The Commissioner may establish by rule a list of duly
licensed professionals and others who may be exempt from
this requirement.
(6) An investigation of the averments required by
Section 2-4, which investigation must allow the
Commissioner to issue positive findings stating that the
financial responsibility, experience, character, and
general fitness of the license applicant and of the
members thereof if the license applicant is a partnership
or association, of the officers and directors thereof if
the license applicant is a corporation, and of the
managers and members that retain any authority or
responsibility under the operating agreement if the
license applicant is a limited liability company are such
as to command the confidence of the community and to
warrant belief that the business will be operated
honestly, fairly and efficiently within the purpose of
this Act. If the Commissioner shall not so find, he or
she shall not issue such license, and he or she shall
notify the license applicant of the denial.
(b) All licenses shall be issued in duplicate with one
copy being transmitted to the license applicant and the
second being retained with the Commissioner.
Upon receipt of such license, a residential mortgage
licensee shall be authorized to engage in the business
regulated by this Act. Such license shall remain in full
force and effect until it expires without renewal, is
surrendered by the licensee or revoked or suspended as
hereinafter provided.
(Source: P.A. 91-586, eff. 8-14-99.)
(205 ILCS 635/2-6) (from Ch. 17, par. 2322-6)
Sec. 2-6. License issuance and renewal; fee.
(a) Beginning July 1, 2003, licenses shall be renewed
every year on the anniversary of the date of issuance of the
original license. Beginning May 1, 1992, licenses issued
before January 1, 1988, shall be renewed every 2 years on May
1. Beginning May 1, 1992, licenses issued on or after
January 1, 1988, shall be renewed every 2 years on the
anniversary of the date of the issuance of the original
license. Licenses issued for first time applicants on or
after May 1, 1992, shall be renewed on the first anniversary
of their issuance and every 2 years thereafter. Properly
completed renewal application forms and filing fees must be
received by the Commissioner 45 days prior to the renewal
date.
(b) It shall be the responsibility of each licensee to
accomplish renewal of its license; failure of the licensee to
receive renewal forms absent a request sent by certified mail
for such forms will not waive said responsibility. Failure by
a licensee to submit a properly completed renewal application
form and fees in a timely fashion, absent a written extension
from the Commissioner, will result in the assessment of
additional fees, as follows:
(1) A fee of $750 $500 will be assessed to the
licensee 30 days after the proper renewal date and $1,500
$1,000 each month thereafter, until the license is either
renewed or expires pursuant to Section 2-6, subsections
(c) and (d), of this Act.
(2) Such fee will be assessed without prior notice
to the licensee, but will be assessed only in cases
wherein the Commissioner has in his or her possession
documentation of the licensee's continuing activity for
which the unrenewed license was issued.
(c) A license which is not renewed by the date required
in this Section shall automatically become inactive. No
activity regulated by this Act shall be conducted by the
licensee when a license becomes inactive. An inactive
license may be reactivated by filing a completed reactivation
application with the Commissioner, payment of the renewal
fee, and payment of a reactivation fee equal to the renewal
fee.
(d) A license which is not renewed within one year of
becoming inactive shall expire.
(e) A licensee ceasing an activity or activities
regulated by this Act and desiring to no longer be licensed
shall so inform the Commissioner in writing and, at the same
time, convey the license and all other symbols or indicia of
licensure. The licensee shall include a plan for the
withdrawal from regulated business, including a timetable for
the disposition of the business. Upon receipt of such
written notice, the Commissioner shall issue a certified
statement canceling the license.
(Source: P.A. 90-301, eff. 8-1-97.)
Section 75-20. The Consumer Installment Loan Act is
amended by changing Section 2 as follows:
(205 ILCS 670/2) (from Ch. 17, par. 5402)
Sec. 2. Application; fees; positive net worth.
Application for such license shall be in writing, and in the
form prescribed by the Director. Such applicant at the time
of making such application shall pay to the Director the sum
of $300 as an application fee and the additional sum of $450
$300 as an annual license fee, for a period terminating on
the last day of the current calendar year; provided that if
the application is filed after June 30th in any year, such
license fee shall be 1/2 of the annual license fee for such
year.
Before the license is granted, every applicant shall
prove in form satisfactory to the Director that the applicant
has and will maintain a positive net worth of a minimum of
$30,000. Every applicant and licensee shall maintain a
surety bond in the principal sum of $25,000 issued by a
bonding company authorized to do business in this State and
which shall be approved by the Director. Such bond shall run
to the Director and shall be for the benefit of any consumer
who incurs damages as a result of any violation of the Act or
rules by a licensee. If the Director finds at any time that
a bond is of insufficient size, is insecure, exhausted, or
otherwise doubtful, an additional bond in such amount as
determined by the Director shall be filed by the licensee
within 30 days after written demand therefor by the Director.
"Net worth" means total assets minus total liabilities.
(Source: P.A. 92-398, eff. 1-1-02.)
Section 75-23. The Nursing Home Care Act is amended by
changing Section 3-103 as follows:
(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
Sec. 3-103. The procedure for obtaining a valid license
shall be as follows:
(1) Application to operate a facility shall be made to
the Department on forms furnished by the Department.
(2) All license applications shall be accompanied with
an application fee. The fee for an annual license shall be
based on the licensed capacity of the facility and shall be
determined as follows: 0-49 licensed beds, a flat fee of
$500; 50-99 licensed beds, a flat fee of $750; and for any
facility with 100 or more licensed beds, a fee of $1,000 plus
$10 per licensed bed. The fee for a 2-year license shall be
double the fee for the annual license set forth in the
preceding sentence. The first $600,000 of such fees collected
each fiscal year shall be deposited with the State Treasurer
into the Long Term Care Monitor/Receiver Fund, which has been
created as a special fund in the State treasury. Any such
fees in excess of $600,000 collected in a fiscal year shall
be deposited into the General Revenue Fund. All applications,
except those of homes for the aged, shall be accompanied by
an application fee of $200 for an annual license and $400 for
a 2 year license. The fee shall be deposited with the State
Treasurer into the Long Term Care Monitor/Receiver Fund,
which is hereby created as a special fund in the State
Treasury. This special fund is to be used by the Department
for expenses related to the appointment of monitors and
receivers as contained in Sections 3-501 through 3-517. At
the end of each fiscal year, any funds in excess of
$1,000,000 held in the Long Term Care Monitor/Receiver Fund
shall be deposited in the State's General Revenue Fund. The
application shall be under oath and the submission of false
or misleading information shall be a Class A misdemeanor. The
application shall contain the following information:
(a) The name and address of the applicant if an
individual, and if a firm, partnership, or association,
of every member thereof, and in the case of a
corporation, the name and address thereof and of its
officers and its registered agent, and in the case of a
unit of local government, the name and address of its
chief executive officer;
(b) The name and location of the facility for which
a license is sought;
(c) The name of the person or persons under whose
management or supervision the facility will be conducted;
(d) The number and type of residents for which
maintenance, personal care, or nursing is to be provided;
and
(e) Such information relating to the number,
experience, and training of the employees of the
facility, any management agreements for the operation of
the facility, and of the moral character of the applicant
and employees as the Department may deem necessary.
(3) Each initial application shall be accompanied by a
financial statement setting forth the financial condition of
the applicant and by a statement from the unit of local
government having zoning jurisdiction over the facility's
location stating that the location of the facility is not in
violation of a zoning ordinance. An initial application for a
new facility shall be accompanied by a permit as required by
the "Illinois Health Facilities Planning Act". After the
application is approved, the applicant shall advise the
Department every 6 months of any changes in the information
originally provided in the application.
(4) Other information necessary to determine the
identity and qualifications of an applicant to operate a
facility in accordance with this Act shall be included in the
application as required by the Department in regulations.
(Source: P.A. 86-663; 87-1102.)
Section 75-25. The Illinois Insurance Code is amended by
changing Sections 121-19, 123A-4, 123B-4, 123C-17, 131.24,
141a, 149, 310.1, 315.4, 325, 363a, 370, 403, 403A, 408, 412,
431, 445, 500-70, 500-110, 500-120, 500-135, 511.103,
511.105, 511.110, 512.63, 513a3, 513a4, 513a7, 529.5, 544,
1020, 1108, and 1204 as follows:
(215 ILCS 5/121-19) (from Ch. 73, par. 733-19)
Sec. 121-19. Fine for unauthorized insurance. Any
unauthorized insurer who transacts any unauthorized act of an
insurance business as set forth in this Act is guilty of a
business offense and may be fined not more than $20,000
$10,000.
(Source: P. A. 78-255.)
(215 ILCS 5/123A-4) (from Ch. 73, par. 735A-4)
Sec. 123A-4. Licenses-Application-Fees.
(1) An advisory organization must be licensed by the
Director before it is authorized to conduct activities in
this State.
(2) Any advisory organization shall make application for
a license as an advisory organization by providing with the
application satisfactory evidence to the Director that it has
complied with Sections 123A-6 and 123A-7 of this Article.
(3) The fee for filing an application as an advisory
organization is $50 $25 payable to the Director.
(Source: P. A. 77-1882.)
(215 ILCS 5/123B-4) (from Ch. 73, par. 735B-4)
Sec. 123B-4. Risk retention groups not organized in this
State. Any risk retention group organized and licensed in a
state other than this State and seeking to do business as a
risk retention group in this State shall comply with the laws
of this State as follows:
A. Notice of operations and designation of the Director
as agent.
Before offering insurance in this State, a risk retention
group shall submit to the Director on a form approved by the
Director:
(1) a statement identifying the state or states in
which the risk retention group is organized and licensed
as a liability insurance company, its date of
organization, its principal place of business, and such
other information, including information on its
membership, as the Director may require to verify that
the risk retention group is qualified under subsection
(11) of Section 123B-2 of this Article;
(2) a copy of its plan of operations or a
feasibility study and revisions of such plan or study
submitted to its state of domicile; provided, however,
that the provision relating to the submission of a plan
of operation or a feasibility study shall not apply with
respect to any line or classification of liability
insurance which (a) was defined in the Product Liability
Risk Retention Act of 1981 before October 27, 1986, and
(b) was offered before such date by any risk retention
group which had been organized and operating for not less
than 3 years before such date; and
(3) a statement of registration which designates
the Director as its agent for the purpose of receiving
service of legal documents or process, together with a
filing fee of $200 $100 payable to the Director.
B. Financial condition. Any risk retention group doing
business in this State shall submit to the Director:
(1) a copy of the group's financial statement
submitted to the state in which the risk retention group
is organized and licensed, which shall be certified by an
independent public accountant and contain a statement of
opinion on loss and loss adjustment expense reserves made
by a member of the American Academy of Actuaries or a
qualified loss reserve specialist (under criteria
established by the National Association of Insurance
Commissioners);
(2) a copy of each examination of the risk
retention group as certified by the public official
conducting the examination;
(3) upon request by the Director, a copy of any
audit performed with respect to the risk retention group;
and
(4) such information as may be required to verify
its continuing qualification as a risk retention group
under subsection (11) of Section 123B-2.
C. Taxation.
(1) Each risk retention group shall be liable for
the payment of premium taxes and taxes on premiums of
direct business for risks resident or located within this
State, and shall report to the Director the net premiums
written for risks resident or located within this State.
Such risk retention group shall be subject to taxation,
and any applicable fines and penalties related thereto,
on the same basis as a foreign admitted insurer.
(2) To the extent licensed insurance producers are
utilized pursuant to Section 123B-11, they shall report
to the Director the premiums for direct business for
risks resident or located within this State which such
licensees have placed with or on behalf of a risk
retention group not organized in this State.
(3) To the extent that licensed insurance producers
are utilized pursuant to Section 123B-11, each such
producer shall keep a complete and separate record of all
policies procured from each such risk retention group,
which record shall be open to examination by the
Director, as provided in Section 506.1 of this Code.
These records shall, for each policy and each kind of
insurance provided thereunder, include the following:
(a) the limit of the liability;
(b) the time period covered;
(c) the effective date;
(d) the name of the risk retention group which
issued the policy;
(e) the gross premium charged; and
(f) the amount of return premiums, if any.
D. Compliance With unfair claims practices provisions.
Any risk retention group, its agents and representatives
shall be subject to the unfair claims practices provisions of
Sections 154.5 through 154.8 of this Code.
E. Deceptive, false, or fraudulent practices. Any risk
retention group shall comply with the laws of this State
regarding deceptive, false, or fraudulent acts or practices.
However, if the Director seeks an injunction regarding such
conduct, the injunction must be obtained from a court of
competent jurisdiction.
F. Examination regarding financial condition. Any risk
retention group must submit to an examination by the Director
to determine its financial condition if the commissioner of
insurance of the jurisdiction in which the group is organized
and licensed has not initiated an examination or does not
initiate an examination within 60 days after a request by the
Director. Any such examination shall be coordinated to avoid
unjustified repetition and conducted in an expeditious manner
and in accordance with the National Association of Insurance
Commissioners' Examiner Handbook.
G. Notice to purchasers. Every application form for
insurance from a risk retention group and the front page and
declaration page of every policy issued by a risk retention
group shall contain in 10 point type the following notice:
"NOTICE
This policy is issued by your risk retention group. Your
risk retention group is not subject to all of the insurance
laws and regulations of your state. State insurance
insolvency guaranty fund protection is not available for your
risk retention group".
H. Prohibited acts regarding solicitation or sale. The
following acts by a risk retention group are hereby
prohibited:
(1) the solicitation or sale of insurance by a risk
retention group to any person who is not eligible for
membership in such group; and
(2) the solicitation or sale of insurance by, or
operation of, a risk retention group that is in a
hazardous financial condition or is financially impaired.
I. Prohibition on ownership by an insurance company. No
risk retention group shall be allowed to do business in this
State if an insurance company is directly or indirectly a
member or owner of such risk retention group, other than in
the case of a risk retention group all of whose members are
insurance companies.
J. Prohibited coverage. No risk retention group may
offer insurance policy coverage prohibited by Articles IX or
XI of this Code or declared unlawful by the Illinois Supreme
Court; provided however, a risk retention group organized and
licensed in a state other than this State that selects the
law of this State to govern the validity, construction, or
enforceability of policies issued by it is permitted to
provide coverage under policies issued by it for penalties in
the nature of compensatory damages including, without
limitation, punitive damages and the multiplied portion of
multiple damages, so long as coverage of those penalties is
not prohibited by the law of the state under which the risk
retention group is organized.
K. Delinquency proceedings. A risk retention group not
organized in this State and doing business in this State
shall comply with a lawful order issued in a voluntary
dissolution proceeding or in a conservation, rehabilitation,
liquidation, or other delinquency proceeding commenced by the
Director or by another state insurance commissioner if there
has been a finding of financial impairment after an
examination under subsection F of Section 123B-4 of this
Article.
L. Compliance with injunctive relief. A risk retention
group shall comply with an injunctive order issued in another
state by a court of competent jurisdiction or by a United
States District Court based on a finding of financial
impairment or hazardous financial condition.
M. Penalties. A risk retention group that violates any
provision of this Article will be subject to fines and
penalties applicable to licensed insurers generally,
including revocation of its license or the right to do
business in this State, or both.
N. Operations prior to August 3, 1987. In addition to
complying with the requirements of this Section, any risk
retention group operating in this State prior to August 3,
1987, shall within 30 days after such effective date comply
with the provisions of subsection A of this Section.
(Source: P.A. 91-292, eff. 7-29-99.)
(215 ILCS 5/123C-17) (from Ch. 73, par. 735C-17)
Sec. 123C-17. Fees.
A. The Director shall charge, collect, and give proper
acquittances for the payment of the following fees and
charges with respect to a captive insurance company:
1. For filing all documents submitted for the
incorporation or organization or certification of a
captive insurance company, $7,000 $3,500.
2. For filing requests for approval of changes in
the elements of a plan of operations, $200 $100.
B. Except as otherwise provided in subsection A of this
Section and in Section 123C-10, the provisions of Section 408
shall apply to captive insurance companies.
C. Any funds collected from captive insurance companies
pursuant to this Section shall be treated in the manner
provided in subsection (11) of Section 408.
(Source: P.A. 87-108.)
(215 ILCS 5/131.24) (from Ch. 73, par. 743.24)
Sec. 131.24. Sanctions.
(1) Every director or officer of an insurance holding
company system who knowingly violates, participates in, or
assents to, or who knowingly permits any of the officers or
agents of the company to engage in transactions or make
investments which have not been properly filed or approved or
which violate this Article, shall pay, in their individual
capacity, a civil forfeiture of not more than $100,000
$50,000 per violation, after notice and hearing before the
Director. In determining the amount of the civil forfeiture,
the Director shall take into account the appropriateness of
the forfeiture with respect to the gravity of the violation,
the history of previous violations, and such other matters as
justice may require.
(2) Whenever it appears to the Director that any company
subject to this Article or any director, officer, employee or
agent thereof has engaged in any transaction or entered into
a contract which is subject to Section 131.20, and any one of
Sections 131.16, 131.20a, 141, 141.1, or 174 of this Code and
which would not have been approved had such approval been
requested or would have been disapproved had required notice
been given, the Director may order the company to cease and
desist immediately any further activity under that
transaction or contract. After notice and hearing the
Director may also order (a) the company to void any such
contracts and restore the status quo if such action is in the
best interest of the policyholders or the public, and (b) any
affiliate of the company, which has received from the company
dividends, distributions, assets, loans, extensions of
credit, guarantees, or investments in violation of any such
Section, to immediately repay, refund or restore to the
company such dividends, distributions, assets, extensions of
credit, guarantees or investments.
(3) Whenever it appears to the Director that any company
or any director, officer, employee or agent thereof has
committed a willful violation of this Article, the Director
may cause criminal proceedings to be instituted in the
Circuit Court for the county in which the principal office of
the company is located or in the Circuit Court of Sangamon or
Cook County against such company or the responsible director,
officer, employee or agent thereof. Any company which
willfully violates this Article commits a business offense
and may be fined up to $500,000 $250,000. Any individual who
willfully violates this Article commits a Class 4 felony and
may be fined in his individual capacity not more than
$500,000 $250,000 or be imprisoned for not less than one year
nor more than 3 years, or both.
(4) Any officer, director, or employee of an insurance
holding company system who willfully and knowingly subscribes
to or makes or causes to be made any false statements or
false reports or false filings with the intent to deceive the
Director in the performance of his duties under this Article,
commits a Class 3 felony and upon conviction thereof, shall
be imprisoned for not less than 2 years nor more than 5
years or fined $500,000 $250,000 or both. Any fines imposed
shall be paid by the officer, Director, or employee in his
individual capacity.
(Source: P.A. 89-97, eff. 7-7-95.)
(215 ILCS 5/141a) (from Ch. 73, par. 753a)
Sec. 141a. Managing general agents and retrospective
compensation agreements.
(a) As used in this Section, the following terms have
the following meanings:
"Actuary" means a person who is a member in good standing
of the American Academy of Actuaries.
"Gross direct written premium" means direct premium
including policy and membership fees, net of returns and
cancellations, and prior to any cessions.
"Insurer" means any person duly licensed in this State as
an insurance company pursuant to Articles II, III, III 1/2,
IV, V, VI, and XVII of this Code.
"Managing general agent" means any person, firm,
association, or corporation, either separately or together
with affiliates, that:
(1) manages all or part of the insurance business
of an insurer (including the management of a separate
division, department, or underwriting office), and
(2) acts as an agent for the insurer whether known
as a managing general agent, manager, or other similar
term, and
(3) with or without the authority produces,
directly or indirectly, and underwrites:
(A) within any one calendar quarter, an amount
of gross direct written premium equal to or more
than 5% of the policyholders' surplus as reported in
the insurer's last annual statement, or
(B) within any one calendar year, an amount of
gross direct written premium equal to or more than
8% of the policyholders' surplus as reported in the
insurer's last annual statement, and either
(4) has the authority to bind the company in
settlement of individual claims in amounts in excess of
$500, or
(5) has the authority to negotiate reinsurance on
behalf of the insurer.
Notwithstanding the provisions of items (1) through (5),
the following persons shall not be considered to be managing
general agents for the purposes of this Code:
(1) An employee of the insurer;
(2) A U.S. manager of the United States branch of
an alien insurer;
(3) An underwriting manager who, pursuant to a
contract meeting the standards of Section 141.1 manages
all or part of the insurance operations of the insurer,
is affiliated with the insurer, subject to Article VIII
1/2, and whose compensation is not based on the volume of
premiums written;
(4) The attorney or the attorney in fact authorized
and acting for or on behalf of the subscriber
policyholders of a reciprocal or inter-insurance
exchange, under the terms of the subscription agreement,
power of attorney, or policy of insurance or the attorney
in fact for any Lloyds organization licensed in this
State.
"Retrospective compensation agreement" means any
arrangement, agreement, or contract having as its purpose the
actual or constructive retention by the insurer of a fixed
proportion of the gross premiums, with the balance of the
premiums, retained actually or constructively by the agent or
the producer of the business, who assumes to pay therefrom
all losses, all subordinate commission, loss adjustment
expenses, and his profit, if any, with other provisions of
the arrangement, agreement, or contract being auxiliary or
incidental to that purpose.
"Underwrite" means to accept or reject risk on behalf of
the insurer.
(b) Licensure of managing general agents.
(1) No person, firm, association, or corporation
shall act in the capacity of a managing general agent
with respect to risks located in this State for an
insurer licensed in this State unless the person is a
licensed producer or a registered firm in this State
under Article XXXI of this Code or a licensed third party
administrator in this State under Article XXXI 1/4 of
this Code.
(2) No person, firm, association, or corporation
shall act in the capacity of a managing general agent
with respect to risks located outside this State for an
insurer domiciled in this State unless the person is a
licensed producer or a registered firm in this State
under Article XXXI of this Code or a licensed third party
administrator in this State under Article XXXI 1/4 of
this Code.
(3) The managing general agent must provide a
surety bond for the benefit of the insurer in an amount
equal to the greater of $100,000 or 5% of the gross
direct written premium underwritten by the managing
general agent on behalf of the insurer. The bond shall
provide for a discovery period and prior notification of
cancellation in accordance with the rules of the
Department unless otherwise approved in writing by the
Director.
(4) The managing general agent must maintain an
errors and omissions policy for the benefit of the
insurer with coverage in an amount equal to the greater
of $1,000,000 or 5% of the gross direct written premium
underwritten by the managing general agent on behalf of
the insurer.
(5) Evidence of the existence of the bond and the
errors and omissions policy must be made available to the
Director upon his request.
(c) No person, firm, association, or corporation acting
in the capacity of a managing general agent shall place
business with an insurer unless there is in force a written
contract between the parties that sets forth the
responsibilities of each party, that, if both parties share
responsibility for a particular function, specifies the
division of responsibility, and that contains the following
minimum provisions:
(1) The insurer may terminate the contract for
cause upon written notice to the managing general agent.
The insurer may suspend the underwriting authority of the
managing general agent during the pendency of any dispute
regarding the cause for termination.
(2) The managing general agent shall render
accounts to the insurer detailing all transactions and
remit all funds due under the contract to the insurer on
not less than a monthly basis.
(3) All funds collected for the account of an
insurer shall be held by the managing general agent in a
fiduciary capacity in a bank that is a federally or State
chartered bank and that is a member of the Federal
Deposit Insurance Corporation. This account shall be
used for all payments on behalf of the insurer; however,
the managing general agent shall not have authority to
draw on any other accounts of the insurer. The managing
general agent may retain no more than 3 months estimated
claims payments and allocated loss adjustment expenses.
(4) Separate records of business written by the
managing general agent will be maintained. The insurer
shall have access to and the right to copy all accounts
and records related to its business in a form usable by
the insurer, and the Director shall have access to all
books, bank accounts, and records of the managing general
agent in a form usable to the Director.
(5) The contract may not be assigned in whole or
part by the managing general agent.
(6) The managing general agent shall provide to the
company audited financial statements required under
paragraph (1) of subsection (d).
(7) That appropriate underwriting guidelines be
followed, which guidelines shall stipulate the following:
(A) the maximum annual premium volume;
(B) the basis of the rates to be charged;
(C) the types of risks that may be written;
(D) maximum limits of liability;
(E) applicable exclusions;
(F) territorial limitations;
(G) policy cancellation provisions; and
(H) the maximum policy period.
(8) The insurer shall have the right to: (i) cancel
or nonrenew any policy of insurance subject to applicable
laws and regulations concerning those actions; and (ii)
require cancellation of any subproducer's contract after
appropriate notice.
(9) If the contract permits the managing general
agent to settle claims on behalf of the insurer:
(A) all claims must be reported to the company
in a timely manner.
(B) a copy of the claim file must be sent to
the insurer at its request or as soon as it becomes
known that the claim:
(i) has the potential to exceed an amount
determined by the company;
(ii) involves a coverage dispute;
(iii) may exceed the managing general
agent's claims settlement authority;
(iv) is open for more than 6 months; or
(v) is closed by payment of an amount set
by the company.
(C) all claim files will be the joint property
of the insurer and the managing general agent.
However, upon an order of liquidation of the
insurer, the files shall become the sole property of
the insurer or its estate; the managing general
agent shall have reasonable access to and the right
to copy the files on a timely basis.
(D) any settlement authority granted to the
managing general agent may be terminated for cause
upon the insurer's written notice to the managing
general agent or upon the termination of the
contract. The insurer may suspend the settlement
authority during the pendency of any dispute
regarding the cause for termination.
(10) Where electronic claims files are in
existence, the contract must address the timely
transmission of the data.
(11) If the contract provides for a sharing of
interim profits by the managing general agent and the
managing general agent has the authority to determine the
amount of the interim profits by establishing loss
reserves, controlling claim payments, or by any other
manner, interim profits will not be paid to the managing
general agent until one year after they are earned for
property insurance business and until 5 years after they
are earned on casualty business and in either case, not
until the profits have been verified.
(12) The managing general agent shall not:
(A) Bind reinsurance or retrocessions on
behalf of the insurer, except that the managing
general agent may bind facultative reinsurance
contracts under obligatory facultative agreements if
the contract with the insurer contains reinsurance
underwriting guidelines including, for both
reinsurance assumed and ceded, a list of reinsurers
with which automatic agreements are in effect, the
coverages and amounts or percentages that may be
reinsured, and commission schedules.
(B) Appoint any producer without assuring that
the producer is lawfully licensed to transact the
type of insurance for which he is appointed.
(C) Without prior approval of the insurer, pay
or commit the insurer to pay a claim over a
specified amount, net of reinsurance, that shall not
exceed 1% of the insurer's policyholders' surplus as
of December 31 of the last completed calendar year.
(D) Collect any payment from a reinsurer or
commit the insurer to any claim settlement with a
reinsurer without prior approval of the insurer. If
prior approval is given, a report must be promptly
forwarded to the insurer.
(E) Permit its subproducer to serve on its
board of directors.
(F) Employ an individual who is also employed
by the insurer.
(13) The contract may not be written for a term of
greater than 5 years.
(d) Insurers shall have the following duties:
(1) The insurer shall have on file the managing
general agent's audited financial statements as of the
end of the most recent fiscal year prepared in accordance
with Generally Accepted Accounting Principles. The
insurer shall notify the Director if the auditor's
opinion on those statements is other than an unqualified
opinion. That notice shall be given to the Director
within 10 days of receiving the audited financial
statements or becoming aware that such opinion has been
given.
(2) If a managing general agent establishes loss
reserves, the insurer shall annually obtain the opinion
of an actuary attesting to the adequacy of loss reserves
established for losses incurred and outstanding on
business produced by the managing general agent, in
addition to any other required loss reserve
certification.
(3) The insurer shall periodically (at least
semiannually) conduct an on-site review of the
underwriting and claims processing operations of the
managing general agent.
(4) Binding authority for all reinsurance contracts
or participation in insurance or reinsurance syndicates
shall rest with an officer of the insurer, who shall not
be affiliated with the managing general agent.
(5) Within 30 days of entering into or terminating
a contract with a managing general agent, the insurer
shall provide written notification of the appointment or
termination to the Director. Notices of appointment of a
managing general agent shall include a statement of
duties that the applicant is expected to perform on
behalf of the insurer, the lines of insurance for which
the applicant is to be authorized to act, and any other
information the Director may request.
(6) An insurer shall review its books and records
each quarter to determine if any producer has become a
managing general agent. If the insurer determines that a
producer has become a managing general agent, the insurer
shall promptly notify the producer and the Director of
that determination, and the insurer and producer must
fully comply with the provisions of this Section within
30 days of the notification.
(7) The insurer shall file any managing general
agent contract for the Director's approval within 45 days
after the contract becomes subject to this Section.
Failure of the Director to disapprove the contract within
45 days shall constitute approval thereof. Upon
expiration of the contract, the insurer shall submit the
replacement contract for approval. Contracts filed under
this Section shall be exempt from filing under Sections
141, 141.1 and 131.20a.
(8) An insurer shall not appoint to its board of
directors an officer, director, employee, or controlling
shareholder of its managing general agents. This
provision shall not apply to relationships governed by
Article VIII 1/2 of this Code.
(e) The acts of a managing general agent are considered
to be the acts of the insurer on whose behalf it is acting.
A managing general agent may be examined in the same manner
as an insurer.
(f) Retrospective compensation agreements for business
written under Section 4 of this Code in Illinois and outside
of Illinois by an insurer domiciled in this State must be
filed for approval. The standards for approval shall be as
set forth under Section 141 of this Code.
(g) Unless specifically required by the Director, the
provisions of this Section shall not apply to arrangements
between a managing general agent not underwriting any risks
located in Illinois and a foreign insurer domiciled in an
NAIC accredited state that has adopted legislation
substantially similar to the NAIC Managing General Agents
Model Act. "NAIC accredited state" means a state or
territory of the United States having an insurance regulatory
agency that maintains an accredited status granted by the
National Association of Insurance Commissioners.
(h) If the Director determines that a managing general
agent has not materially complied with this Section or any
regulation or order promulgated hereunder, after notice and
opportunity to be heard, the Director may order a penalty in
an amount not exceeding $100,000 $50,000 for each separate
violation and may order the revocation or suspension of the
producer's license. If it is found that because of the
material noncompliance the insurer has suffered any loss or
damage, the Director may maintain a civil action brought by
or on behalf of the insurer and its policyholders and
creditors for recovery of compensatory damages for the
benefit of the insurer and its policyholders and creditors or
other appropriate relief. This subsection (h) shall not be
construed to prevent any other person from taking civil
action against a managing general agent.
(i) If an Order of Rehabilitation or Liquidation is
entered under Article XIII and the receiver appointed under
that Order determines that the managing general agent or any
other person has not materially complied with this Section or
any regulation or Order promulgated hereunder and the insurer
suffered any loss or damage therefrom, the receiver may
maintain a civil action for recovery of damages or other
appropriate sanctions for the benefit of the insurer.
Any decision, determination, or order of the Director
under this subsection shall be subject to judicial review
under the Administrative Review Law.
Nothing contained in this subsection shall affect the
right of the Director to impose any other penalties provided
for in this Code.
Nothing contained in this subsection is intended to or
shall in any manner limit or restrict the rights of
policyholders, claimants, and auditors.
(j) A domestic company shall not during any calendar
year write, through a managing general agent or managing
general agents, premiums in an amount equal to or greater
than its capital and surplus as of the preceding December
31st unless the domestic company requests in writing the
Director's permission to do so and the Director has either
approved the request or has not disapproved the request
within 45 days after the Director received the request.
No domestic company with less than $5,000,000 of capital
and surplus may write any business through a managing general
agent unless the domestic company requests in writing the
Director's permission to do so and the Director has either
approved the request or has not disapproved the request
within 45 days after the Director received the request.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/149) (from Ch. 73, par. 761)
Sec. 149. Misrepresentation and defamation prohibited.
(1) No company doing business in this State, and no
officer, director, agent, clerk or employee thereof, broker,
or any other person, shall make, issue or circulate or cause
or knowingly permit to be made, issued or circulated any
estimate, illustration, circular, or verbal or written
statement of any sort misrepresenting the terms of any policy
issued or to be issued by it or any other company or the
benefits or advantages promised thereby or any misleading
estimate of the dividends or share of the surplus to be
received thereon, or shall by the use of any name or title of
any policy or class of policies misrepresent the nature
thereof.
(2) No such company or officer, director, agent, clerk
or employee thereof, or broker shall make any misleading
representation or comparison of companies or policies, to any
person insured in any company for the purpose of inducing or
tending to induce a policyholder in any company to lapse,
forfeit, change or surrender his insurance, whether on a
temporary or permanent plan.
(3) No such company, officer, director, agent, clerk or
employee thereof, broker or other person shall make, issue or
circulate or cause or knowingly permit to be made, issued or
circulated any pamphlet, circular, article, literature or
verbal or written statement of any kind which contains any
false or malicious statement calculated to injure any company
doing business in this State in its reputation or business.
(4) No such company, or officer, director, agent, clerk
or employee thereof, no agent, broker, solicitor, or company
service representative, and no other person, firm,
corporation, or association of any kind or character, shall
make, issue, circulate, use, or utter, or cause or knowingly
permit to be made, issued, circulated, used, or uttered, any
policy or certificate of insurance, or endorsement or rider
thereto, or matter incorporated therein by reference, or
application blanks, or any stationery, pamphlet, circular,
article, literature, advertisement or advertising of any kind
or character, visual, or aural, including radio advertising
and television advertising, or any other verbal or written
statement or utterance (a) which tends to create the
impression or from which it may be implied or inferred,
directly or indirectly, that the company, its financial
condition or status, or the payment of its claims, or the
merits, desirability, or advisability of its policy forms or
kinds or plans of insurance are approved, endorsed, or
guaranteed by the State of Illinois or United States
Government or the Director or the Department or are secured
by Government bonds or are secured by a deposit with the
Director, or (b) which uses or refers to any deposit with the
Director or any certificate of deposit issued by the Director
or any facsimile, reprint, photograph, photostat, or other
reproduction of any such certificate of deposit.
(5) Any company, officer, director, agent, clerk or
employee thereof, broker, or other person who violates any of
the provisions of this Section, or knowingly participates in
or abets such violation, is guilty of a business offense and
shall be required to pay a penalty of not less than $200 $100
nor more than $10,000 $5,000, to be recovered in the name of
the People of the State of Illinois either by the Attorney
General or by the State's Attorney of the county in which the
violation occurs. The penalty so recovered shall be paid into
the county treasury if recovered by the State's Attorney or
into the State treasury if recovered by the Attorney General.
(6) No company shall be held guilty of having violated
any of the provisions of this Section by reason of the act of
any agent, solicitor or employee, not an officer, director or
department head thereof, unless an officer, director or
department head of such company shall have knowingly
permitted such act or shall have had prior knowledge thereof.
(7) Any person, association, organization, partnership,
business trust or corporation not authorized to transact an
insurance business in this State which disseminates in or
causes to be disseminated in this State any advertising,
invitations to inquire, questionnaires or requests for
information designed to result in a solicitation for the
purchase of insurance by residents of this State is also
subject to the sanctions of this Section. The phrase
"designed to result in a solicitation for the purchase of
insurance" includes but is not limited to:
(a) the use of any form or document which provides
either generalized or specific information or
recommendations regardless of the insurance needs of the
recipient or the availability of any insurance policy or
plan; or
(b) any offer to provide such information or
recommendation upon subsequent contacts or solicitation
either by the entity generating the material or some
other person; or
(c) the use of a coupon, reply card or request to
write for further information; or
(d) the use of an application for insurance or an
offer to provide insurance coverage for any purpose; or
(e) the use of any material which, regardless of
the form and content used or the information imparted, is
intended to result, in the generation of leads for
further solicitations or the preparation of a mailing
list which can be sold to others for such purpose.
(Source: P.A. 90-655, eff. 7-30-98.)
(215 ILCS 5/310.1) (from Ch. 73, par. 922.1)
Sec. 310.1. Suspension, Revocation or Refusal to Renew
Certificate of Authority. (a) Domestic Societies. When, upon
investigation, the Director is satisfied that any domestic
society transacting business under this amendatory Act has
exceeded its powers or has failed to comply with any
provisions of this amendatory Act or is conducting business
fraudulently or in a way hazardous to its members, creditors
or the public or is not carrying out its contracts in good
faith, the Director shall notify the society of his or her
findings, stating in writing the grounds of his or her
dissatisfaction, and, after reasonable notice, require the
society on a date named to show cause why its certificate of
authority should not be revoked or suspended or why such
society should not be fined as hereinafter provided or why
the Director should not proceed against the society under
Article XIII of this Code. If, on the date named in said
notice, such objections have not been removed to the
satisfaction of the Director or if the society does not
present good and sufficient reasons why its authority to
transact business in this State should not at that time be
revoked or suspended or why such society should not be fined
as hereinafter provided, the Director may revoke the
authority of the society to continue business in this State
and proceed against the society under Article XIII of this
Code or suspend such certificate of authority for any period
of time up to, but not to exceed, 2 years; or may by order
require such society to pay to the people of the State of
Illinois a penalty in a sum not exceeding $10,000 $5,000,
and, upon the failure of such society to pay such penalty
within 20 days after the mailing of such order, postage
prepaid, registered and addressed to the last known place of
business of such society, unless such order is stayed by an
order of a court of competent jurisdiction, the Director may
revoke or suspend the license of such society for any period
of time up to, but not exceeding, a period of 2 years.
(b) Foreign or alien societies. The Director shall
suspend, revoke or refuse to renew certificates of authority
in accordance with Article VI of this Code.
(Source: P.A. 84-303.)
(215 ILCS 5/315.4) (from Ch. 73, par. 927.4)
Sec. 315.4. Penalties. (a) Any person who willfully
makes a false or fraudulent statement in or relating to an
application for membership or for the purpose of obtaining
money from, or a benefit in, any society shall upon
conviction be fined not less than $200 $100 nor more than
$10,000 $5,000 or be subject to imprisonment in the county
jail not less than 30 days nor more than one year, or both.
(b) Any person who willfully makes a false or fraudulent
statement in any verified report or declaration under oath
required or authorized by this amendatory Act, or of any
material fact or thing contained in a sworn statement
concerning the death or disability of an insured for the
purpose of procuring payment of a benefit named in the
certificate, shall be guilty of perjury and shall be subject
to the penalties therefor prescribed by law.
(c) Any person who solicits membership for, or in any
manner assists in procuring membership in, any society not
licensed to do business in this State shall upon conviction
be fined not less than $100 $50 nor more than $400 $200.
(d) Any person guilty of a willful violation of, or
neglect or refusal to comply with, the provisions of this
amendatory Act for which a penalty is not otherwise
prescribed shall upon conviction be subject to a fine not
exceeding $10,000 $5,000.
(Source: P.A. 84-303.)
(215 ILCS 5/325) (from Ch. 73, par. 937)
Sec. 325. Officers bonds.
The officer or officers of the association entrusted with
the custody of its funds shall within thirty days after the
effective date of this Code file with the Director a bond in
favor of the association in the penalty of double the amount
of its benefit account, as defined in the act mentioned in
section 316, as of the end of a preceding calendar year,
exclusive of such amount as the association may maintain on
deposit with the Director, (but in no event a bond in a
penalty of less than $2,000 one thousand dollars) with such
officer or officers as principal and a duly authorized surety
company as surety, conditioned upon the faithful performance
of his or their duties and the accounting of the funds
entrusted to his or their custody. If the penalty of any bond
filed pursuant to this section shall at any time be less than
twice the largest amount in the benefit fund of the
association not maintained on deposit with the Director
during the preceding calendar year, a new bond in the penalty
of double the largest amount in the benefit fund during said
preceding calendar year, with such officer or officers as
principal and a duly authorized surety company as surety,
conditioned as aforesaid, shall be filed with the Director
within sixty days after the end of such calendar year.
(Source: Laws 1945, p. 966.)
(215 ILCS 5/363a) (from Ch. 73, par. 975a)
Sec. 363a. Medicare supplement policies; disclosure,
advertising, loss ratio standards.
(1) Scope. This Section pertains to disclosure
requirements of companies and agents and mandatory and
prohibited practices of agents when selling a policy to
supplement the Medicare program or any other health insurance
policy sold to individuals eligible for Medicare. No policy
shall be referred to or labeled as a Medicare supplement
policy if it does not comply with the minimum standards
required by regulation pursuant to Section 363 of this Code.
Except as otherwise specifically provided in paragraph (d) of
subsection (6), this Section shall not apply to accident only
or specified disease type of policies or hospital confinement
indemnity or other type policies clearly unrelated to
Medicare.
(2) Advertising. An advertisement that describes or
offers to provide information concerning the federal Medicare
program shall comply with all of the following:
(a) It may not include any reference to that
program on the envelope, the reply envelope, or the
address side of the reply postal card, if any, nor use
any language to imply that failure to respond to the
advertisement might result in loss of Medicare benefits.
(b) It must include a prominent statement to the
effect that in providing supplemental coverage the
insurer and agent involved in the solicitation are not in
any manner connected with that program.
(c) It must prominently disclose that it is an
advertisement for insurance or is intended to obtain
insurance prospects.
(d) It must prominently identify and set forth the
actual address of the insurer or insurers that issue the
coverage.
(e) It must prominently state that any material or
information offered will be delivered in person by a
representative of the insurer, if that is the case.
The Director may issue reasonable rules and regulations
for the purpose of establishing criteria and guidelines for
the advertising of Medicare supplement insurance.
(3) Mandatory agent practices. For the purpose of this
Act, "home solicitation sale by an agent" means a sale or
attempted sale of an insurance policy at the purchaser's
residence, agent's transient quarters, or away from the
agent's home office when the initial contact is personally
solicited by the agent or insurer. Any agent involved in any
home solicitation sale of a Medicare supplement policy or
other policy of accident and health insurance, subject to
subsection (1) of this Section, sold to individuals eligible
for Medicare shall promptly do the following:
(a) Identify himself as an insurance agent.
(b) Identify the insurer or insurers for which he
is a licensed agent.
(c) Provide the purchaser with a clearly printed or
typed identification of his name, address, telephone
number, and the name of the insurer in which the
insurance is to be written.
(d) Determine what, if any, policy is appropriate,
suitable, and nonduplicative for the purchaser
considering existing coverage and be able to provide
proof to the company that such a determination has been
made.
(e) Fully and completely disclose the purchaser's
medical history on the application if required for issue.
(f) Complete a Policy Check List in duplicate as
follows:
POLICY CHECK LIST
Applicant's Name:
Policy Number:
Name of Existing Insurer:
Expiration Date of Existing Insurance:
Medicare Existing Supplement Insured's
Pays Coverage Pays Responsibility
Service
Hospital
Skilled
Nursing
Home Care
Prescription
Drugs
This policy does/does not (circle one) comply with
the minimum standards for Medicare supplements set forth
in Section 363 of the Illinois Insurance Code.
Signature of Applicant
Signature of Agent
This Policy Check List is to be completed in the
presence of the purchaser at the point of sale, and
copies of it, completed and duly signed, are to be
provided to the purchaser and to the company.
(g) Except in the case of refunds of premium made
pursuant to subsection (5) of Section 363 of this Code,
send by mail to an insured or an applicant for insurance,
when the insurer follows a practice of having agents
return premium refund drafts issued by the insurer, a
premium refund draft within 2 weeks of its receipt by the
agent from the insurer making such refund.
(h) Deliver to the purchaser, along with every
policy issued pursuant to Section 363 of this Code, an
Outline of Coverage as described in paragraph (b) of
subsection (6) of this Section.
(4) Prohibited agent practices.
(a) No insurance agent engaged in a home
solicitation sale of a Medicare supplement policy or
other policy of accident and health insurance, subject to
subsection (1) of this Section, sold to individuals
eligible for Medicare shall use any false, deceptive, or
misleading representation to induce a sale, or use any
plan, scheme, or ruse, that misrepresents the true status
or mission of the person making the call, or represent
directly or by implication that the agent:
(i) Is offering insurance that is approved or
recommended by the State or federal government to
supplement Medicare.
(ii) Is in any way representing, working for,
or compensated by a local, State, or federal
government agency.
(iii) Is engaged in an advisory business in
which his compensation is unrelated to the sale of
insurance by the use of terms such as Medicare
consultant, Medicare advisor, Medicare Bureau,
disability insurance consultant, or similar
expression in a letter, envelope, reply card, or
other.
(iv) Will provide a continuing service to the
purchaser of the policy unless he does provide
services to the purchaser beyond the sale and
renewal of policies.
(b) No agent engaged in a home solicitation sale of
a Medicare supplement policy or other policy of accident
and health insurance sold to individuals eligible for
Medicare shall misrepresent, directly or by implication,
any of the following:
(i) The identity of the insurance company or
companies he represents.
(ii) That the assistance programs of the State
or county or the federal Medicare programs for
medical insurance are to be discontinued or are
increasing in cost to the prospective buyer or are
in any way endangered.
(iii) That an insurance company in which the
prospective purchaser is insured is financially
unstable, cancelling its outstanding policies,
merging, or withdrawing from the State.
(iv) The coverage of the policy being sold.
(v) The effective date of coverage under the
policy.
(vi) That any pre-existing health condition of
the purchaser is irrelevant.
(vii) The right of the purchaser to cancel the
policy within 30 days after receiving it.
(5) Mandatory company practices. Any company involved
in the sale of Medicare supplement policies or any policies
of accident and health insurance (subject to subsection (1)
of this Section) sold to individuals eligible for Medicare
shall do the following:
(a) Be able to readily determine the number of
accident and health policies in force with the company on
each insured eligible for Medicare.
(b) Make certain that policies of Medicare
supplement insurance are not issued, and any premium
collected for those policies is refunded, when they are
deemed duplicative, inappropriate, or not suitable
considering existing coverage with the company.
(c) Maintain copies of the Policy Check List as
completed by the agent at the point of sale of a Medicare
supplement policy or any policy of accident and health
insurance (subject to subsection (1) of this Section)
sold to individuals eligible for Medicare on file at the
company's regional or other administrative office.
(6) Disclosures. In order to provide for full and fair
disclosure in the sale of Medicare supplement policies, there
must be compliance with the following:
(a) No Medicare supplement policy or certificate
shall be delivered in this State unless an outline of
coverage is delivered to the applicant at the time
application is made and, except for direct response
policies, an acknowledgement from the applicant of
receipt of the outline is obtained.
(b) Outline of coverage requirements for Medicare
supplement policies.
(i) Insurers issuing Medicare supplement
policies or certificates for delivery in this State
shall provide an outline of coverage to all
applicants at the time application is made and,
except for direct response policies, shall obtain an
acknowledgement of receipt of the outline from the
applicant.
(ii) If an outline of coverage is provided at
the time of application and the Medicare supplement
policy or certificate is issued on a basis that
would require revision of the outline, a substitute
outline of coverage properly describing the policy
or certificate must accompany the policy or
certificate when it is delivered and shall contain
immediately above the company name, in no less than
12 point type, the following statement:
"NOTICE: Read this outline of coverage
carefully. It is not identical to the outline of
coverage provided upon application and the coverage
originally applied for has not been issued.".
(iii) The outline of coverage provided to
applicants shall be in the form prescribed by rule
by the Department.
(c) Insurers issuing policies that provide hospital
or medical expense coverage on an expense incurred or
indemnity basis, other than incidentally, to a person or
persons eligible for Medicare shall provide to the
policyholder a buyer's guide approved by the Director.
Delivery of the buyer's guide shall be made whether or
not the policy qualifies as a "Medicare Supplement
Coverage" in accordance with Section 363 of this Code.
Except in the case of direct response insurers, delivery
of the buyer's guide shall be made at the time of
application, and acknowledgement of receipt of
certification of delivery of the buyer's guide shall be
provided to the insurer. Direct response insurers shall
deliver the buyer's guide upon request, but not later
than at the time the policy is delivered.
(d) Outlines of coverage delivered in connection
with policies defined in subsection (4) of Section 355a
of this Code as Hospital confinement Indemnity (Section
4c), Accident Only Coverage (Section 4f), Specified
Disease (Section 4g) or Limited Benefit Health Insurance
Coverage to persons eligible for Medicare shall contain,
in addition to other requirements for those outlines, the
following language that shall be printed on or attached
to the first page of the outline of coverage:
"This policy, certificate or subscriber contract IS
NOT A MEDICARE SUPPLEMENT policy or certificate. It does
not fully supplement your federal Medicare health
insurance. If you are eligible for Medicare, review the
Guide to Health Insurance for People with Medicare
available from the company.".
(e) In the case wherein a policy, as defined in
paragraph (a) of subsection (2) of Section 355a of this
Code, being sold to a person eligible for Medicare
provides one or more but not all of the minimum standards
for Medicare supplements set forth in Section 363 of this
Code, disclosure must be provided that the policy is not
a Medicare supplement and does not meet the minimum
benefit standards set for those policies in this State.
(7) Loss ratio standards.
(a) Every issuer of Medicare supplement policies or
certificates in this State, as defined in Section 363 of
this Code, shall file annually its rates, rating
schedule, and supporting documentation demonstrating that
it is in compliance with the applicable loss ratio
standards of this State. All filings of rates and rating
schedules shall demonstrate that the actual and
anticipated losses in relation to premiums comply with
the requirements of this Code.
(b) Medicare supplement policies shall, for the
entire period for which rates are computed to provide
coverage, on the basis of incurred claims experience and
earned premiums for the period and in accordance with
accepted actuarial principles and practices, return to
policyholders in the form of aggregate benefits the
following:
(i) In the case of group policies, at least
75% of the aggregate amount of premiums earned.
(ii) In the case of individual policies, at
least 60% of the aggregate amount of premiums
earned; and beginning November 5, 1991, at least 65%
of the aggregate amount of premiums earned.
(iii) In the case of sponsored group policies
in which coverage is marketed on an individual basis
by direct response to eligible individuals in that
group only, at least 65% of the aggregate amount of
premiums earned.
(c) For the purposes of this Section, the insurer
shall be deemed to comply with the loss ratio standards
if: (i) for the most recent year, the ratio of the
incurred losses to earned premiums for policies or
certificates that have been in force for 3 years or more
is greater than or equal to the applicable percentages
contained in this Section; and (ii) the anticipated
losses in relation to premiums over the entire period for
which the policy is rated comply with the requirements of
this Section. An anticipated third-year loss ratio that
is greater than or equal to the applicable percentage
shall be demonstrated for policies or certificates in
force less than 3 years.
(8) Applicability. This Section shall apply to those
companies writing the kind or kinds of business enumerated in
Classes 1(b) and 2(a) of Section 4 of this Code and to those
entities organized and operating under the Voluntary Health
Services Plans Act and the Health Maintenance Organization
Act.
(9) Penalties.
(a) Any company or agent who is found to have
violated any of the provisions of this Section may be
required by order of the Director of Insurance to forfeit
by civil penalty not less than $500 $250 nor more than
$5,000 $2,500 for each offense. Written notice will be
issued and an opportunity for a hearing will be granted
pursuant to subsection (2) of Section 403A of this Code.
(b) In addition to any other applicable penalties
for violations of this Code, the Director may require
insurers violating any provision of this Code or
regulations promulgated pursuant to this Code to cease
marketing in this State any Medicare supplement policy or
certificate that is related directly or indirectly to a
violation and may require the insurer to take actions as
are necessary to comply with the provisions of Sections
363 and 363a of this Code.
(c) After June 30, 1991, no person may advertise,
solicit for the sale or purchase of, offer for sale, or
deliver a Medicare supplement policy that has not been
approved by the Director. A person who knowingly
violates, directly or through an agent, the provisions of
this paragraph commits a Class 3 felony. Any person who
violates the provisions of this paragraph may be
subjected to a civil penalty not to exceed $10,000
$5,000. The civil penalty authorized in this paragraph
shall be enforced in the manner provided in Section 403A
of this Code.
(10) Replacement. Application forms shall include a
question designed to elicit information as to whether a
Medicare supplement policy or certificate is intended to
replace any similar accident and sickness policy or
certificate presently in force. A supplementary application
or other form to be signed by the applicant containing the
question may be used. Upon determining that a sale of
Medicare supplement coverage will involve replacement, an
insurer, other than a direct response insurer, or its agent,
shall furnish the applicant, prior to issuance or delivery of
the Medicare supplement policy or certificate, a notice
regarding replacement of Medicare supplement coverage. One
copy of the notice shall be provided to the applicant, and an
additional copy signed by the applicant shall be retained by
the insurer. A direct response insurer shall deliver to the
applicant at the time of the issuance of the policy the
notice regarding replacement of Medicare supplement coverage.
(Source: P.A. 88-313; 89-484, eff. 6-21-96.)
(215 ILCS 5/370) (from Ch. 73, par. 982)
Sec. 370. Policies issued in violation of
article-Penalty.
(1) Any company, or any officer or agent thereof,
issuing or delivering to any person in this State any policy
in wilful violation of the provision of this article shall be
guilty of a petty offense.
(2) The Director may revoke the license of any foreign
or alien company, or of the agent thereof wilfully violating
any provision of this article or suspend such license for any
period of time up to, but not to exceed, two years; or may by
order require such insurance company or agent to pay to the
people of the State of Illinois a penalty in a sum not
exceeding $1,000 five hundred dollars, and upon the failure
of such insurance company or agent to pay such penalty within
twenty days after the mailing of such order, postage prepaid,
registered, and addressed to the last known place of business
of such insurance company or agent, unless such order is
stayed by an order of a court of competent jurisdiction, the
Director of Insurance may revoke or suspend the license of
such insurance company or agent for any period of time up to,
but not exceeding a period of, two years.
(Source: P.A. 77-2699.)
(215 ILCS 5/403) (from Ch. 73, par. 1015)
Sec. 403. Power to subpoena and examine witnesses.
(1) In the conduct of any examination, investigation or
hearing provided for by this Code, the Director or other
officer designated by him or her to conduct the same, shall
have power to compel the attendance of any person by
subpoena, to administer oaths and to examine any person under
oath concerning the business, conduct or affairs of any
company or person subject to the provisions of this Code, and
in connection therewith to require the production of any
books, records or papers relevant to the inquiry.
(2) If a person subpoenaed to attend such inquiry fails
to obey the command of the subpoena without reasonable
excuse, or if a person in attendance upon such inquiry shall,
without reasonable cause, refuse to be sworn or to be
examined or to answer a question or to produce a book or
paper when ordered to do so by any officer conducting such
inquiry, or if any person fails to perform any act required
hereunder to be performed, he or she shall be required to pay
a penalty of not more than $2,000 $1,000 to be recovered in
the name of the People of the State of Illinois by the
State's Attorney of the county in which the violation occurs,
and the penalty so recovered shall be paid into the county
treasury.
(3) When any person neglects or refuses without
reasonable cause to obey a subpoena issued by the Director,
or refuses without reasonable cause to testify, to be sworn
or to produce any book or paper described in the subpoena,
the Director may file a petition against such person in the
circuit court of the county in which the testimony is desired
to be or has been taken or has been attempted to be taken,
briefly setting forth the fact of such refusal or neglect and
attaching a copy of the subpoena and the return of service
thereon and applying for an order requiring such person to
attend, testify or produce the books or papers before the
Director or his or her actuary, supervisor, deputy or
examiner, at such time or place as may be specified in such
order. Any circuit court of this State, upon the filing of
such petition, either before or after notice to such person,
may, in the judicial discretion of such court, order the
attendance of such person, the production of books and papers
and the giving of testimony before the Director or any of his
or her actuaries, supervisors, deputies or examiners. If such
person shall fail or refuse to obey the order of the court
and it shall appear to the court that the failure or refusal
of such person to obey its order is wilful, and without
lawful excuse, the court shall punish such person by fine or
imprisonment in the county jail, or both, as the nature of
the case may require, as is now, or as may hereafter be
lawful for the court to do in cases of contempt of court.
(4) The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. When a witness is subpoenaed by or
testifies at the instance of the Director or other officer
designated by him or her, such fees shall be paid in the same
manner as other expenses of the Department. When a witness is
subpoenaed or testifies at the instance of any other party to
any such proceeding, the cost of the subpoena or subpoenas
duces tecum and the fee of the witness shall be borne by the
party at whose instance a witness is summoned. In such case,
the Department in its discretion, may require a deposit to
cover the cost of such service and witness fees.
(Source: P.A. 83-334.)
(215 ILCS 5/403A) (from Ch. 73, par. 1015A)
Sec. 403A. Violations; Notice of Apparent Liability;
Limitation of Forfeiture Liability. (1) Any company or
person, agent or broker, officer or director and any other
person subject to this Code and as may be defined in Section
2 of this Code, who willfully or repeatedly fails to observe
or who otherwise violates any of the provisions of this Code
or any rule or regulation promulgated by the Director under
authority of this Code or any final order of the Director
entered under the authority of this Code shall by civil
penalty forfeit to the State of Illinois a sum not to exceed
$2,000 $1,000. Each day during which a violation occurs
constitutes a separate offense. The civil penalty provided
for in this Section shall apply only to those Sections of
this Code or administrative regulations thereunder that do
not otherwise provide for a monetary civil penalty.
(2) No forfeiture liability under paragraph (1) of this
Section 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 the Code, rule, regulation or order
of which a violation is charged.
(3) No forfeiture liability under paragraph (1) of this
Section 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 $500,000 $250,000.
(4) 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.
(5) 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.
(Source: P.A. 86-938.)
(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,
$2,000 $1,000.
(b) For filing all documents submitted for the
incorporation or organization of a fraternal benefit
society, $500 $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, $200 $100.
(d) For filing amendments to articles of
incorporation of a fraternal benefit society, a mutual
benefit association or a burial society, $100 $50.
(e) For filing amendments to articles of
incorporation of a farm mutual, $50 $25.
(f) For filing bylaws or amendments thereto, $50
$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,
$2,000 $1,000.
(ii) for a foreign or alien company, except
for a fraternal benefit society, $600 $300.
(iii) for a fraternal benefit society, a
mutual benefit association, a burial society, or a
farm mutual, $200 $100.
(h) For filing agreements of reinsurance by a
domestic company, $200 $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, $5,000 $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, $500 $250.
(k) For filing declaration of withdrawal of a
foreign or alien company, $50 $25.
(l) For filing annual statement, except a fraternal
benefit society, a mutual benefit association, a burial
society, or a farm mutual, $200 $100.
(m) For filing annual statement by a fraternal
benefit society, $100 $50.
(n) For filing annual statement by a farm mutual, a
mutual benefit association, or a burial society, $50 $25.
(o) For issuing a certificate of authority or
renewal thereof except to a fraternal benefit society,
$200 $100.
(p) For issuing a certificate of authority or
renewal thereof to a fraternal benefit society, $100 $50.
(q) For issuing an amended certificate of
authority, $50 $25.
(r) For each certified copy of certificate of
authority, $20 $10.
(s) For each certificate of deposit, or valuation,
or compliance or surety certificate, $20 $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, $300 $150;
(ii) in any other case, $100 $50.
(x) For issuing any other certificate required or
permissible under the law, $50 $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, $2,000 $1,000.
(z) For filing a statement of acquisition of a
domestic company as defined in Section 131.4 of this
Code, $2,000 $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, $2,000 $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, $1,000 $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, $200 $100.
(dd) For filing an application for licensing of:
(i) a religious or charitable risk pooling
trust or a workers' compensation pool, $1,000 $500;
(ii) a workers' compensation service company,
$500 $250;
(iii) a self-insured automobile fleet, $200
$100; or
(iv) a renewal of or amendment of any license
issued pursuant to (i), (ii), or (iii) above, $100
$50.
(ee) For filing articles of incorporation for a
syndicate to engage in the business of insurance through
the Illinois Insurance Exchange, $2,000 $1,000.
(ff) For filing amended articles of incorporation
for a syndicate engaged in the business of insurance
through the Illinois Insurance Exchange, $100 $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, $1,000 $500.
(hh) For filing amended articles of incorporation
for a limited syndicate to do business through the
Illinois Insurance Exchange, $100 $50.
(ii) For a permit to solicit subscriptions to a
syndicate or limited syndicate, $100 $50.
(jj) For the filing of each form as required in
Section 143 of this Code, $50 $25 per form. The fee for
advisory and rating organizations shall be $200 $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 $1,000 $500
or $2,000 $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, $500 $250.
(ll) For filing an application for renewal of a
license of a reinsurance intermediary, $200 $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 $20 $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) $150 $100, if the premium is less than
$500,000 and there is no reinsurance assumed
premium;
(ii) $750 $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) $3,750 $2,500, if the premium is less
than $5,000,000 and the reinsurance assumed premium
is $10,000,000 or more;
(iv) $7,500 $5,000, if the premium is
$5,000,000 or more, but less than $10,000,000;
(v) $18,000 $12,000, if the premium is
$10,000,000 or more, but less than $25,000,000;
(vi) $22,500 $15,000, if the premium is
$25,000,000 or more, but less than $50,000,000;
(vii) $30,000 $20,000, if the premium is
$50,000,000 or more, but less than $100,000,000;
(viii) $37,500 $25,000, if the premium is
$100,000,000 or more.
(b) Admitted assets.
(i) $150 $100, if admitted assets are less
than $1,000,000;
(ii) $750 $500, if admitted assets are
$1,000,000 or more, but less than $5,000,000;
(iii) $3,750 2,500, if admitted assets are
$5,000,000 or more, but less than $25,000,000;
(iv) $7,500 $5,000, if admitted assets are
$25,000,000 or more, but less than $50,000,000;
(v) $18,000 $12,000, if admitted assets are
$50,000,000 or more, but less than $100,000,000;
(vi) $22,500 $15,000, if admitted assets are
$100,000,000 or more, but less than $500,000,000;
(vii) $30,000 $20,000, if admitted assets are
$500,000,000 or more, but less than $1,000,000,000;
(viii) $37,500 $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 $250,000 $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) $150 $100, if the premium is less than $500,000
and there is no reinsurance assumed premium;
(b) $750 $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) $3,750 $2,500, if the premium is less than
$5,000,000 and the reinsurance assumed premium is
$10,000,000 or more;
(d) $7,500 $5,000, if the premium is $5,000,000 or
more, but less than $10,000,000;
(e) $18,000 $12,000, if the premium is $10,000,000
or more, but less than $25,000,000;
(f) $22,500 $15,000, if the premium is $25,000,000
or more, but less than $50,000,000;
(g) $30,000 $20,000, if the premium is $50,000,000
or more, but less than $100,000,000;
(h) $37,500 $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 $250,000
$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 $150 $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 or the Voluntary Health
Services Plans Act, 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.
(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. 90-177, eff. 7-23-97; 90-583, eff. 5-29-98;
91-357, eff. 7-29-99.)
(215 ILCS 5/412) (from Ch. 73, par. 1024)
Sec. 412. Refunds; penalties; collection.
(1) (a) Whenever it appears to the satisfaction of the
Director that because of some mistake of fact, error in
calculation, or erroneous interpretation of a statute of this
or any other state, any authorized company has paid to him,
pursuant to any provision of law, taxes, fees, or other
charges in excess of the amount legally chargeable against
it, during the 6 year period immediately preceding the
discovery of such overpayment, he shall have power to refund
to such company the amount of the excess or excesses by
applying the amount or amounts thereof toward the payment of
taxes, fees, or other charges already due, or which may
thereafter become due from that company until such excess or
excesses have been fully refunded, or upon a written request
from the authorized company, the Director shall provide a
cash refund within 120 days after receipt of the written
request if all necessary information has been filed with the
Department in order for it to perform an audit of the annual
return for the year in which the overpayment occurred or
within 120 days after the date the Department receives all
the necessary information to perform such audit. The
Director shall not provide a cash refund if there are
insufficient funds in the Insurance Premium Tax Refund Fund
to provide a cash refund, if the amount of the overpayment is
less than $100, or if the amount of the overpayment can be
fully offset against the taxpayer's estimated liability for
the year following the year of the cash refund request. Any
cash refund shall be paid from the Insurance Premium Tax
Refund Fund, a special fund hereby created in the State
treasury.
(b) Beginning January 1, 2000 and thereafter, the
Department shall deposit a percentage of the amounts
collected under Sections 409, 444, and 444.1 of this Code
into the Insurance Premium Tax Refund Fund. The percentage
deposited into the Insurance Premium Tax Refund Fund shall be
the annual percentage. The annual percentage shall be
calculated as a fraction, the numerator of which shall be the
amount of cash refunds approved by the Director for payment
and paid during the preceding calendar year as a result of
overpayment of tax liability under Sections 409, 444, and
444.1 of this Code and the denominator of which shall be the
amounts collected pursuant to Sections 409, 444, and 444.1 of
this Code during the preceding calendar year. However, if
there were no cash refunds paid in a preceding calendar year,
the Department shall deposit 5% of the amount collected in
that preceding calendar year pursuant to Sections 409, 444,
and 444.1 of this Code into the Insurance Premium Tax Refund
Fund instead of an amount calculated by using the annual
percentage.
(c) Beginning July 1, 1999, moneys in the Insurance
Premium Tax Refund Fund shall be expended exclusively for the
purpose of paying cash refunds resulting from overpayment of
tax liability under Sections 409, 444, and 444.1 of this Code
as determined by the Director pursuant to subsection 1(a) of
this Section. Cash refunds made in accordance with this
Section may be made from the Insurance Premium Tax Refund
Fund only to the extent that amounts have been deposited and
retained in the Insurance Premium Tax Refund Fund.
(d) This Section shall constitute an irrevocable and
continuing appropriation from the Insurance Premium Tax
Refund Fund for the purpose of paying cash refunds pursuant
to the provisions of this Section.
(2) When any insurance company or any surplus line
producer fails to file any tax return required under Sections
408.1, 409, 444, 444.1 and 445 of this Code or Section 12 of
the Fire Investigation Act on the date prescribed, including
any extensions, there shall be added as a penalty $400 $200
or 10% 5% of the amount of such tax, whichever is greater,
for each month or part of a month of failure to file, the
entire penalty not to exceed $2,000 $1,000 or 50% 25% of the
tax due, whichever is greater.
(3) (a) When any insurance company or any surplus line
producer fails to pay the full amount due under the
provisions of this Section, Sections 408.1, 409, 444, 444.1
or 445 of this Code, or Section 12 of the Fire Investigation
Act, there shall be added to the amount due as a penalty an
amount equal to 10% 5% of the deficiency.
(b) If such failure to pay is determined by the Director
to be wilful, after a hearing under Sections 402 and 403,
there shall be added to the tax as a penalty an amount equal
to the greater of 50% 25% of the deficiency or 10% 5% of the
amount due and unpaid for each month or part of a month that
the deficiency remains unpaid commencing with the date that
the amount becomes due. Such amount shall be in lieu of any
determined under paragraph (a).
(4) Any insurance company or any surplus line producer
which fails to pay the full amount due under this Section or
Sections 408.1, 409, 444, 444.1 or 445 of this Code, or
Section 12 of the Fire Investigation Act is liable, in
addition to the tax and any penalties, for interest on such
deficiency at the rate of 12% per annum, or at such higher
adjusted rates as are or may be established under subsection
(b) of Section 6621 of the Internal Revenue Code, from the
date that payment of any such tax was due, determined without
regard to any extensions, to the date of payment of such
amount.
(5) The Director, through the Attorney General, may
institute an action in the name of the People of the State of
Illinois, in any court of competent jurisdiction, for the
recovery of the amount of such taxes, fees, and penalties
due, and prosecute the same to final judgment, and take such
steps as are necessary to collect the same.
(6) In the event that the certificate of authority of a
foreign or alien company is revoked for any cause or the
company withdraws from this State prior to the renewal date
of the certificate of authority as provided in Section 114,
the company may recover the amount of any such tax paid in
advance. Except as provided in this subsection, no revocation
or withdrawal excuses payment of or constitutes grounds for
the recovery of any taxes or penalties imposed by this Code.
(7) When an insurance company or domestic affiliated
group fails to pay the full amount of any fee of $200 $100 or
more due under Section 408 of this Code, there shall be added
to the amount due as a penalty the greater of $100 $50 or an
amount equal to 10% 5% of the deficiency for each month or
part of a month that the deficiency remains unpaid.
(Source: P.A. 91-643, eff. 8-20-99.)
(215 ILCS 5/431) (from Ch. 73, par. 1038)
Sec. 431. Penalty.
Any person who violates a cease and desist order of the
Director under Section 427, after it has become final, and
while such order is in effect, or who violates an order of
the Circuit Court under Section 429, shall, upon proof
thereof to the satisfaction of the court, forfeit and pay to
the State of Illinois, a sum not to exceed $1,000 $500, which
may be recovered in a civil action, for each violation.
(Source: Laws 1967, p. 990.)
(215 ILCS 5/445) (from Ch. 73, par. 1057)
Sec. 445. Surplus line.
(1) Surplus line defined; surplus line insurer
requirements. Surplus line insurance is insurance on an
Illinois risk of the kinds specified in Classes 2 and 3 of
Section 4 of this Code procured from an unauthorized insurer
or a domestic surplus line insurer as defined in Section 445a
after the insurance producer representing the insured or the
surplus line producer is unable, after diligent effort, to
procure said insurance from insurers which are authorized to
transact business in this State other than domestic surplus
line insurers as defined in Section 445a.
Insurance producers may procure surplus line insurance
only if licensed as a surplus line producer under this
Section and may procure that insurance only from an
unauthorized insurer or from a domestic surplus line insurer
as defined in Section 445a:
(a) that based upon information available to the
surplus line producer has a policyholders surplus of not
less than $15,000,000 determined in accordance with
accounting rules that are applicable to authorized
insurers; and
(b) that has standards of solvency and management
that are adequate for the protection of policyholders;
and
(c) where an unauthorized insurer does not meet the
standards set forth in (a) and (b) above, a surplus line
producer may, if necessary, procure insurance from that
insurer only if prior written warning of such fact or
condition is given to the insured by the insurance
producer or surplus line producer.
(2) Surplus line producer; license. Any licensed
producer who is a resident of this State, or any nonresident
who qualifies under Section 500-40, may be licensed as a
surplus line producer upon:
(a) completing a prelicensing course of study. The
course provided for by this Section shall be conducted
under rules and regulations prescribed by the Director.
The Director may administer the course or may make
arrangements, including contracting with an outside
educational service, for administering the course and
collecting the non-refundable application fee provided
for in this subsection. Any charges assessed by the
Director or the educational service for administering the
course shall be paid directly by the individual
applicants. Each applicant required to take the course
shall enclose with the application a non-refundable $20
$10 application fee payable to the Director plus a
separate course administration fee. An applicant who
fails to appear for the course as scheduled, or appears
but fails to complete the course, shall not be entitled
to any refund, and shall be required to submit a new
request to attend the course together with all the
requisite fees before being rescheduled for another
course at a later date; and
(b) payment of an annual license fee of $400 $200;
and
(c) procurement of the surety bond required in
subsection (4) of this Section.
A surplus line producer so licensed shall keep a separate
account of the business transacted thereunder which shall be
open at all times to the inspection of the Director or his
representative.
The prelicensing course of study requirement in (a) above
shall not apply to insurance producers who were licensed
under the Illinois surplus line law on or before the
effective date of this amendatory Act of the 92nd General
Assembly.
(3) Taxes and reports.
(a) Surplus line tax and penalty for late payment.
A surplus line producer shall file with the Director
on or before February 1 and August 1 of each year a
report in the form prescribed by the Director on all
surplus line insurance procured from unauthorized
insurers during the preceding 6 month period ending
December 31 or June 30 respectively, and on the filing of
such report shall pay to the Director for the use and
benefit of the State a sum equal to 3.5% 3% of the gross
premiums less returned premiums upon all surplus line
insurance procured or cancelled during the preceding 6
months.
Any surplus line producer who fails to pay the full
amount due under this subsection is liable, in addition
to the amount due, for such penalty and interest charges
as are provided for under Section 412 of this Code. The
Director, through the Attorney General, may institute an
action in the name of the People of the State of
Illinois, in any court of competent jurisdiction, for the
recovery of the amount of such taxes and penalties due,
and prosecute the same to final judgment, and take such
steps as are necessary to collect the same.
(b) Fire Marshal Tax.
Each surplus line producer shall file with the
Director on or before March 31 of each year a report in
the form prescribed by the Director on all fire insurance
procured from unauthorized insurers subject to tax under
Section 12 of the Fire Investigation Act and shall pay to
the Director the fire marshal tax required thereunder.
(c) Taxes and fees charged to insured. The taxes
imposed under this subsection and the countersigning fees
charged by the Surplus Line Association of Illinois may
be charged to and collected from surplus line insureds.
(4) Bond. Each surplus line producer, as a condition to
receiving a surplus line producer's license, shall execute
and deliver to the Director a surety bond to the People of
the State in the penal sum of $20,000, with a surety which is
authorized to transact business in this State, conditioned
that the surplus line producer will pay to the Director the
tax, interest and penalties levied under subsection (3) of
this Section.
(5) Submission of documents to Surplus Line Association
of Illinois. A surplus line producer shall submit every
insurance contract issued under his or her license to the
Surplus Line Association of Illinois for recording and
countersignature. The submission and countersignature may be
effected through electronic means. The submission shall set
forth:
(a) the name of the insured;
(b) the description and location of the insured
property or risk;
(c) the amount insured;
(d) the gross premiums charged or returned;
(e) the name of the unauthorized insurer or
domestic surplus line insurer as defined in Section 445a
from whom coverage has been procured;
(f) the kind or kinds of insurance procured; and
(g) amount of premium subject to tax required by
Section 12 of the Fire Investigation Act.
Proposals, endorsements, and other documents which
are incidental to the insurance but which do not affect
the premium charged are exempted from filing and
countersignature.
The submission of insuring contracts to the Surplus
Line Association of Illinois constitutes a certification
by the surplus line producer or by the insurance producer
who presented the risk to the surplus line producer for
placement as a surplus line risk that after diligent
effort the required insurance could not be procured from
insurers which are authorized to transact business in
this State other than domestic surplus line insurers as
defined in Section 445a and that such procurement was
otherwise in accordance with the surplus line law.
(6) Countersignature required. It shall be unlawful for
an insurance producer to deliver any unauthorized insurer
contract or domestic surplus line insurer contract unless
such insurance contract is countersigned by the Surplus Line
Association of Illinois.
(7) Inspection of records. A surplus line producer
shall maintain separate records of the business transacted
under his or her license, including complete copies of
surplus line insurance contracts maintained on paper or by
electronic means, which records shall be open at all times
for inspection by the Director and by the Surplus Line
Association of Illinois.
(8) Violations and penalties. The Director may suspend
or revoke or refuse to renew a surplus line producer license
for any violation of this Code. In addition to or in lieu of
suspension or revocation, the Director may subject a surplus
line producer to a civil penalty of up to $2,000 $1,000 for
each cause for suspension or revocation. Such penalty is
enforceable under subsection (5) of Section 403A of this
Code.
(9) Director may declare insurer ineligible. If the
Director determines that the further assumption of risks
might be hazardous to the policyholders of an unauthorized
insurer, the Director may order the Surplus Line Association
of Illinois not to countersign insurance contracts evidencing
insurance in such insurer and order surplus line producers to
cease procuring insurance from such insurer.
(10) Service of process upon Director. Insurance
contracts delivered under this Section from unauthorized
insurers shall contain a provision designating the Director
and his successors in office the true and lawful attorney of
the insurer upon whom may be served all lawful process in any
action, suit or proceeding arising out of such insurance.
Service of process made upon the Director to be valid
hereunder must state the name of the insured, the name of the
unauthorized insurer and identify the contract of insurance.
The Director at his option is authorized to forward a copy of
the process to the Surplus Line Association of Illinois for
delivery to the unauthorized insurer or the Director may
deliver the process to the unauthorized insurer by other
means which he considers to be reasonably prompt and certain.
(11) The Illinois Surplus Line law does not apply to
insurance of property and operations of railroads or aircraft
engaged in interstate or foreign commerce, insurance of
vessels, crafts or hulls, cargoes, marine builder's risks,
marine protection and indemnity, or other risks including
strikes and war risks insured under ocean or wet marine forms
of policies.
(12) Surplus line insurance procured under this Section,
including insurance procured from a domestic surplus line
insurer, is not subject to the provisions of the Illinois
Insurance Code other than Sections 123, 123.1, 401, 401.1,
402, 403, 403A, 408, 412, 445, 445.1, 445.2, 445.3, 445.4,
and all of the provisions of Article XXXI to the extent that
the provisions of Article XXXI are not inconsistent with the
terms of this Act.
(Source: P.A. 92-386, eff. 1-1-02.)
(215 ILCS 5/500-70)
Sec. 500-70. License denial, nonrenewal, or revocation.
(a) The Director may place on probation, suspend,
revoke, or refuse to issue or renew an insurance producer's
license or may levy a civil penalty in accordance with this
Section or take any combination of actions, for any one or
more of the following causes:
(1) providing incorrect, misleading, incomplete, or
materially untrue information in the license application;
(2) violating any insurance laws, or violating any
rule, subpoena, or order of the Director or of another
state's insurance commissioner;
(3) obtaining or attempting to obtain a license
through misrepresentation or fraud;
(4) improperly withholding, misappropriating or
converting any moneys or properties received in the
course of doing insurance business;
(5) intentionally misrepresenting the terms of an
actual or proposed insurance contract or application for
insurance;
(6) having been convicted of a felony;
(7) having admitted or been found to have committed
any insurance unfair trade practice or fraud;
(8) using fraudulent, coercive, or dishonest
practices, or demonstrating incompetence,
untrustworthiness or financial irresponsibility in the
conduct of business in this State or elsewhere;
(9) having an insurance producer license, or its
equivalent, denied, suspended, or revoked in any other
state, province, district or territory;
(10) forging a name to an application for insurance
or to a document related to an insurance transaction;
(11) improperly using notes or any other reference
material to complete an examination for an insurance
license;
(12) knowingly accepting insurance business from an
individual who is not licensed;
(13) failing to comply with an administrative or
court order imposing a child support obligation;
(14) failing to pay state income tax or penalty or
interest or comply with any administrative or court order
directing payment of state income tax or failed to file a
return or to pay any final assessment of any tax due to
the Department of Revenue; or
(15) failing to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent
or defaulted student loan.
(b) If the action by the Director is to nonrenew,
suspend, or revoke a license or to deny an application for a
license, the Director shall notify the applicant or licensee
and advise, in writing, the applicant or licensee of the
reason for the suspension, revocation, denial or nonrenewal
of the applicant's or licensee's license. The applicant or
licensee may make written demand upon the Director within 30
days after the date of mailing for a hearing before the
Director to determine the reasonableness of the Director's
action. The hearing must be held within not fewer than 20
days nor more than 30 days after the mailing of the notice of
hearing and shall be held pursuant to 50 Ill. Adm. Code 2402.
(c) The license of a business entity may be suspended,
revoked, or refused if the Director finds, after hearing,
that an individual licensee's violation was known or should
have been known by one or more of the partners, officers, or
managers acting on behalf of the partnership, corporation,
limited liability company, or limited liability partnership
and the violation was neither reported to the Director nor
corrective action taken.
(d) In addition to or instead of any applicable denial,
suspension, or revocation of a license, a person may, after
hearing, be subject to a civil penalty of up to $10,000
$5,000 for each cause for denial, suspension, or revocation,
however, the civil penalty may total no more than $100,000
$20,000.
(e) The Director has the authority to enforce the
provisions of and impose any penalty or remedy authorized by
this Article against any person who is under investigation
for or charged with a violation of this Code or rules even if
the person's license or registration has been surrendered or
has lapsed by operation of law.
(f) Upon the suspension, denial, or revocation of a
license, the licensee or other person having possession or
custody of the license shall promptly deliver it to the
Director in person or by mail. The Director shall publish all
suspensions, denials, or revocations after the suspensions,
denials, or revocations become final in a manner designed to
notify interested insurance companies and other persons.
(g) A person whose license is revoked or whose
application is denied pursuant to this Section is ineligible
to apply for any license for 3 years after the revocation or
denial. A person whose license as an insurance producer has
been revoked, suspended, or denied may not be employed,
contracted, or engaged in any insurance related capacity
during the time the revocation, suspension, or denial is in
effect.
(Source: P.A. 92-386, eff. 1-1-02.)
(215 ILCS 5/500-110)
Sec. 500-110. Regulatory examinations.
(a) The Director may examine any applicant for or holder
of an insurance producer license, limited line producer
license or temporary insurance producer license or any
business entity.
(b) All persons being examined, as well as their
officers, directors, insurance producers, limited lines
producers, and temporary insurance producers must provide to
the Director convenient and free access, at all reasonable
hours at their offices, to all books, records, documents, and
other papers relating to the persons' insurance business
affairs. The officers, directors, insurance producers,
limited lines producers, temporary insurance producers, and
employees must facilitate and aid the Director in the
examinations as much as it is in their power to do so.
(c) The Director may designate an examiner or examiners
to conduct any examination under this Section. The Director
or his or her designee may administer oaths and examine under
oath any individual relative to the business of the person
being examined.
(d) The examiners designated by the Director under this
Section may make reports to the Director. A report alleging
substantive violations of this Article or any rules
prescribed by the Director must be in writing and be based
upon facts ascertained from the books, records, documents,
papers, and other evidence obtained by the examiners or from
sworn or affirmed testimony of or written affidavits from the
person's officers, directors, insurance producers, limited
lines producer, temporary insurance producers, or employees
or other individuals, as given to the examiners. The report
of an examination must be verified by the examiners.
(e) If a report is made, the Director must either
deliver a duplicate of the report to the person being
examined or send the duplicate by certified or registered
mail to the person's address of record. The Director shall
afford the person an opportunity to demand a hearing with
reference to the facts and other evidence contained in the
report. The person may request a hearing within 14 calendar
days after he or she receives the duplicate of the
examination report by giving the Director written notice of
that request, together with a written statement of the
person's objections to the report. The Director must, if
requested to do so, conduct a hearing in accordance with
Sections 402 and 403 of this Code. The Director must issue a
written order based upon the examination report and upon the
hearing, if a hearing is held, within 90 days after the
report is filed, or within 90 days after the hearing if a
hearing is held. If the report is refused or otherwise
undeliverable, or a hearing is not requested in a timely
fashion, the right to a hearing is waived. After the hearing
or the expiration of the time period in which a person may
request a hearing, if the examination reveals that the person
is operating in violation of any law, rule, or prior order,
the Director in the written order may require the person to
take any action the Director considers necessary or
appropriate in accordance with the report or examination
hearing. The order is subject to review under the
Administrative Review Law.
(f) The Director may adopt reasonable rules to further
the purposes of this Section.
(g) A person who violates or aids and abets any
violation of a written order issued under this Section shall
be guilty of a business offense and his or her license may be
revoked or suspended pursuant to Section 500-70 of this
Article and he or she may be subjected to a civil penalty of
not more than $20,000 $10,000.
(Source: P.A. 92-386, eff. 1-1-02.)
(215 ILCS 5/500-120)
Sec. 500-120. Conflicts of interest; inactive status.
(a) A person, partnership, association, or corporation
licensed by the Department who, due to employment with any
unit of government that would cause a conflict of interest
with the holding of that license, notifies the Director in
writing on forms prescribed by the Department and, subject to
rules of the Department, makes payment of applicable
licensing renewal fees, may elect to place the license on an
inactive status.
(b) A licensee whose license is on inactive status may
have the license restored by making application to the
Department on such form as may be prescribed by the
Department. The application must be accompanied with a fee of
$100 $50 plus the current applicable license fee.
(c) A license may be placed on inactive status for a
2-year period, and upon request, the inactive status may be
extended for a successive 2-year period not to exceed a
cumulative 4-year inactive period. After a license has been
on inactive status for 4 years or more, the licensee must
meet all of the standards required of a new applicant before
the license may be restored to active status.
(d) If requests for inactive status are not renewed as
set forth in subsection (c), the license will be taken off
the inactive status and the license will lapse immediately.
(Source: P.A. 92-386, eff. 1-1-02.)
(215 ILCS 5/500-135)
Sec. 500-135. Fees.
(a) The fees required by this Article are as follows:
(1) a fee of $180 for a person who is a resident of
Illinois, and $250 for a person who is not a resident of
Illinois, $150 payable once every 2 years for an
insurance producer license;
(2) a fee of $50 $25 for the issuance of a
temporary insurance producer license;
(3) a fee of $150 $50 payable once every 2 years
for a business entity;
(4) an annual $50 $25 fee for a limited line
producer license issued under items (1) through (7) of
subsection (a) of Section 500-100;
(5) a $50 $25 application fee for the processing of
a request to take the written examination for an
insurance producer license;
(6) an annual registration fee of $1,000 $500 for
registration of an education provider;
(7) a certification fee of $50 $25 for each
certified pre-licensing or continuing education course
and an annual fee of $20 $10 for renewing the
certification of each such course;
(8) a fee of $180 for a person who is a resident of
Illinois, and $250 for a person who is not a resident of
Illinois, $50 payable once every 2 years for a car rental
limited line license;
(9) a fee of $200 $150 payable once every 2 years
for a limited lines license other than the licenses
issued under items (1) through (7) of subsection (a) of
Section 500-100 or a car rental limited line license.
(b) Except as otherwise provided, all fees paid to and
collected by the Director under this Section shall be paid
promptly after receipt thereof, together with a detailed
statement of such fees, into a special fund in the State
Treasury to be known as the Insurance Producer Administration
Fund. The moneys deposited into the Insurance Producer
Administration Fund may be used only for payment of the
expenses of the Department in the execution, administration,
and enforcement of the insurance laws of this State, and
shall be appropriated as otherwise provided by law for the
payment of those expenses with first priority being any
expenses incident to or associated with the administration
and enforcement of this Article.
(Source: P.A. 92-386, eff. 1-1-02.)
(215 ILCS 5/511.103) (from Ch. 73, par. 1065.58-103)
Sec. 511.103. Application. The applicant for a license
shall file with the Director an application upon a form
prescribed by the Director, which shall include or have
attached the following:
(1) The names, addresses and official positions of the
individuals who are responsible for the conduct of the
affairs of the administrator, including but not limited to
all members of the board of directors, board of trustees,
executive committee, or other governing board or committee,
the principal officers in the case of a corporation or the
partners in the case of a partnership; and
(2) A non-refundable filing fee of $200 $100 which shall
become the initial administrator license fee should the
Director issue an administrator license.
(Source: P.A. 84-887.)
(215 ILCS 5/511.105) (from Ch. 73, par. 1065.58-105)
Sec. 511.105. License. (a) The Director shall cause a
license to be issued to each applicant that has demonstrated
to the Director's satisfaction compliance with the
requirements of this Article.
(b) Each administrator license shall remain in effect as
long as the holder of the license maintains in force and
effect the bond required by Section 511.104 and pays the
annual fee of $200 $100 prior to the anniversary date of the
license, unless the license is revoked or suspended pursuant
to Section 511.107.
(c) Each license shall contain the name, business
address and identification number of the licensee, the date
the license was issued and any other information the Director
considers proper.
(Source: P.A. 84-887.)
(215 ILCS 5/511.110) (from Ch. 73, par. 1065.58-110)
Sec. 511.110. Administrative Fine. (a) If the Director
finds that one or more grounds exist for the revocation or
suspension of a license issued under this Article, the
Director may, in lieu of or in addition to such suspension or
revocation, impose a fine upon the administrator.
(b) With respect to any knowing and wilful violation of
a lawful order of the Director, any applicable portion of the
Illinois Insurance Code or Part of Title 50 of the Illinois
Administrative Code, or a provision of this Article, the
Director may impose a fine upon the administrator in an
amount not to exceed $10,000 $5,000 for each such violation.
In no event shall such fine exceed an aggregate amount of
$50,000 $25,000 for all knowing and wilful violations arising
out of the same action.
(Source: P.A. 84-887.)
(215 ILCS 5/512.63) (from Ch. 73, par. 1065.59-63)
Sec. 512.63. Fees. (a) The fees required by this Article
are as follows:
(1) Public Insurance Adjuster license annual fee, $100
$30;
(2) Registration of Firms, $100 $20;
(3) Application Fee for processing each request to take
the written examination for a Public Adjuster license, $20
$10.
(Source: P.A. 83-1362.)
(215 ILCS 5/513a3) (from Ch. 73, par. 1065.60a3)
Sec. 513a3. License required.
(a) No person may act as a premium finance company or
hold himself out to be engaged in the business of financing
insurance premiums, either directly or indirectly, without
first having obtained a license as a premium finance company
from the Director.
(b) An insurance producer shall be deemed to be engaged
in the business of financing insurance premiums if 10% or
more of the producer's total premium accounts receivable are
more than 90 days past due.
(c) In addition to any other penalty set forth in this
Article, any person violating subsection (a) of this Section
may, after hearing as set forth in Article XXIV of this Code,
be required to pay a civil penalty of not more than $2,000
$1000 for each offense.
(d) In addition to any other penalty set forth in this
Article, any person violating subsection (a) of this Section
is guilty of a Class A misdemeanor. Any individual violating
subsection (a) of this Section, and misappropriating or
converting any monies collected in conjunction with the
violation, is guilty of a Class 4 felony.
(Source: P.A. 89-626, eff. 8-9-96.)
(215 ILCS 5/513a4) (from Ch. 73, par. 1065.60a4)
Sec. 513a4. Application and license.
(a) Each application for a premium finance license shall
be made on a form specified by the Director and shall be
signed by the applicant declaring under penalty of refusal,
suspension, or revocation of the license that the statements
made in the application are true, correct, and complete to
the best of the applicant's knowledge and belief. The
Director shall cause to be issued a license to each applicant
that has demonstrated to the Director that the applicant:
(1) is competent and trustworthy and of a good
business reputation;
(2) has a minimum net worth of $50,000; and
(3) has paid the fees required by this Article.
(b) Each applicant at the time of request for a license
or renewal of a license shall:
(1) certify that no charge for financing premiums
shall exceed the rates permitted by this Article;
(2) certify that the premium finance agreement or
other forms being used are in compliance with the
requirements of this Article;
(3) certify that he or she has a minimum net worth
of $50,000; and
(4) attach with the application a non-refundable
annual fee of $400 $200.
(c) An applicant who has met the requirements of
subsection (a) and subsection (b) shall be issued a premium
finance license.
(d) Each premium finance license shall remain in effect
as long as the holder of the license annually continues to
meet the requirements of subsections (a) and (b) by the due
date unless the license is revoked or suspended by the
Director.
(e) The individual holder of a premium finance license
shall inform the Director in writing of a change in residence
address within 30 days of the change, and a corporation,
partnership, or association holder of a premium finance
license shall inform the Director in writing of a change in
business address within 30 days of the change.
(f) Every partnership or corporation holding a license
as a premium finance company shall appoint one or more
partners or officers to be responsible for the firm's
compliance with the Illinois Insurance Code and applicable
rules and regulations. Any change in the appointed person or
persons shall be reported to the Director in writing within
30 days of the change.
(Source: P.A. 87-811.)
(215 ILCS 5/513a7) (from Ch. 73, par. 1065.60a7)
Sec. 513a7. License suspension; revocation or denial.
(a) Any license issued under this Article may be
suspended, revoked, or denied if the Director finds that the
licensee or applicant:
(1) has wilfully violated any provisions of this
Code or the rules and regulations thereunder;
(2) has intentionally made a material misstatement
in the application for a license;
(3) has obtained or attempted to obtain a license
through misrepresentation or fraud;
(4) has misappropriated or converted to his own use
or improperly withheld monies;
(5) has used fraudulent, coercive, or dishonest
practices or has demonstrated incompetence,
untrustworthiness, or financial irresponsibility;
(6) has been, within the past 3 years, convicted of
a felony, unless the individual demonstrates to the
Director sufficient rehabilitation to warrant public
trust;
(7) has failed to appear without reasonable cause
or excuse in response to a subpoena issued by the
Director;
(8) has had a license suspended, revoked, or denied
in any other state on grounds similar to those stated in
this Section; or
(9) has failed to report a felony conviction as
required by Section 513a6.
(b) Suspension, revocation, or denial of a license under
this Section shall be by written order sent to the licensee
or applicant by certified or registered mail at the address
specified in the records of the Department. The licensee or
applicant may in writing request a hearing within 30 days
from the date of mailing. If no written request is made the
order shall be final upon the expiration of that 30 day
period.
(c) If the licensee or applicant requests a hearing
under this Section, the Director shall issue a written notice
of hearing sent to the licensee or applicant by certified or
registered mail at his address, as specified in the records
of the Department, and stating:
(1) the grounds, charges, or conduct that justifies
suspension, revocation, or denial under this Section;
(2) the specific time for the hearing, which may
not be fewer than 20 nor more than 30 days after the
mailing of the notice of hearing; and
(3) a specific place for the hearing, which may be
either in the City of Springfield or in the county where
the licensee's principal place of business is located.
(d) Upon the suspension or revocation of a license, the
licensee or other person having possession or custody of the
license shall promptly deliver it to the Director in person
or by mail. The Director shall publish all suspensions and
revocations after they become final in a manner designed to
notify interested insurance companies and other persons.
(e) Any person whose license is revoked or denied under
this Section shall be ineligible to apply for any license for
2 years. A suspension under this Section may be for a period
of up to 2 years.
(f) In addition to or instead of a denial, suspension,
or revocation of a license under this Section, the licensee
may be subjected to a civil penalty of up to $2,000 $1,000
for each cause for denial, suspension, or revocation. The
penalty is enforceable under subsection (5) of Section 403A
of this Code.
(Source: P.A. 87-811.)
(215 ILCS 5/529.5) (from Ch. 73, par. 1065.76-5)
Sec. 529.5. The Industry Placement Facility shall
compile an annual operating report, and publish such report
in at least 2 newspapers having widespread circulation in the
State, which report shall include:
(1) a description of the origin and purpose of the
Illinois Fair Plan and its relationship to the property and
casualty insurance industry in Illinois;
(2) a financial statement specifying the amount of
profit or loss incurred by the Facility for its financial
year; and
(3) a disclosure as to the amount of subsidization per
type of policy written by the Facility, which is provided by
the property and casualty insurance companies operating in
Illinois, if any.
This annual report shall be a matter of public record to
be made available to any person requesting a copy from the
Facility at a fee not to exceed $10 $5 per copy. A copy
shall be available for inspection at the Department of
Insurance.
(Source: P.A. 82-499.)
(215 ILCS 5/544) (from Ch. 73, par. 1065.94)
Sec. 544. Powers of the Director. The Director shall
either (a) suspend or revoke, after notice and hearing
pursuant to Sections 401, 402 and 403 of this Code, the
certificate of authority to do business in this State of any
member company which fails to pay an assessment when due or
fails to comply with the plan of operation, or (b) levy a
fine on any member company which fails to pay an assessment
when due. Such fine shall not exceed 5% per month of the
unpaid assessment, except that no fine shall be less than
$200 $100 per month.
(Source: P.A. 85-576.)
(215 ILCS 5/1020) (from Ch. 73, par. 1065.720)
Sec. 1020. Penalties. (A) In any case where a hearing
pursuant to Section 1016 results in the finding of a knowing
violation of this Article, the Director may, in addition to
the issuance of a cease and desist order as prescribed in
Section 1018, order payment of a monetary penalty of not more
than $1,000 $500 for each violation but not to exceed $20,000
$10,000 in the aggregate for multiple violations.
(B) Any person who violates a cease and desist order of
the Director under Section 1018 of this Article may, after
notice and hearing and upon order of the Director, be subject
to one or more of the following penalties, at the discretion
of the Director:
(1) a monetary fine of not more than $20,000 $10,000 for
each violation,
(2) a monetary fine of not more than $100,000 $50,000 if
the Director finds that violations have occurred with such
frequency as to constitute a general business practice, or
(3) suspension or revocation of an insurance
institution's or agent's license.
(Source: P.A. 82-108.)
(215 ILCS 5/1108) (from Ch. 73, par. 1065.808)
Sec. 1108. Trust; filing requirements; records.
(1) Any risk retention trust created under this Article
shall file with the Director:
(a) A statement of intent to provide named
coverages.
(b) The trust agreement between the trust sponsor
and the trustees, detailing the organization and
administration of the trust and fiduciary
responsibilities.
(c) Signed risk pooling agreements from each trust
member describing their intent to participate in the
trust and maintain the contingency reserve fund.
(d) By April 1 of each year a financial statement
for the preceding calendar year ending December 31, and a
list of all beneficiaries during the year. The financial
statement and report shall be in such form as the
Director of Insurance may prescribe. The truth and
accuracy of the financial statement shall be attested to
by each trustee. Each Risk Retention Trust shall file
with the Director by June 1 an opinion of an independent
certified public accountant on the financial condition of
the Risk Retention Trust for the most recent calendar
year and the results of its operations, changes in
financial position and changes in capital and surplus for
the year then ended in conformity with accounting
practices permitted or prescribed by the Illinois
Department of Insurance.
(e) The name of a bank or trust company with whom
the trust will enter into an escrow agreement which shall
state that the contingency reserve fund will be
maintained at the levels prescribed in this Article.
(f) Copies of coverage grants it will issue.
(2) The Director of Insurance shall charge, collect and
give proper acquittances for the payment of the following
fees and charges:
(a) For filing trust instruments, amendments
thereto and financial statement and report of the
trustees, $50 $25.
(b) For copies of papers or records per page, $2
$1.
(c) For certificate to copy of paper, $10 $5.
(d) For filing an application for the licensing of
a risk retention trust, $1,000 $500.
(3) The trust shall keep its books and records in
accordance with the provisions of Section 133 of this Code.
The Director may examine such books and records from time to
time as provided in Sections 132 through 132.7 of this Code
and may charge the expense of such examination to the trust
as provided in subsection (3) of Section 408 of this Code.
(4) Trust funds established under this Section and all
persons interest therein or dealing therewith shall be
subject to the provisions of Sections 133, 144.1, 149, 401,
401.1, 402, 403, 403A, 412, and all of the provisions of
Articles VII, VIII, XII 1/2 and XIII of the Code, as amended.
Except as otherwise provided in this Section, trust funds
established under and which fully comply with this Section,
shall not be subjected to any other provision of the Code.
(5) The Director of Insurance may make reasonable rules
and regulations pertaining to the standards of coverage and
administration of the trust authorized by this Section. Such
rules may include but need not be limited to reasonable
standards for fiduciary duties of the trustees, standards for
the investment of funds, limitation of risks assumed, minimum
size, capital, surplus, reserves, and contingency reserves.
(Source: P.A. 89-97, eff. 7-7-95.)
(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 $2,000 $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 $100,000 $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. 91-357, eff. 7-29-99.)
Section 75-26. The Reinsurance Intermediary Act is
amended by changing Section 55 as follows:
(215 ILCS 100/55) (from Ch. 73, par. 1655)
Sec. 55. Penalties and liabilities.
(a) If the Director determines that a reinsurance
intermediary has not materially complied with this Act or any
regulation or Order promulgated hereunder, after notice and
opportunity to be heard, the Director may order a penalty in
an amount not exceeding $100,000 $50,000 for each separate
violation and may order the revocation or suspension of the
reinsurance intermediary's license. If it is found that
because of the material noncompliance the insurer or
reinsurer has suffered any loss or damage, the Director may
maintain a civil action brought by or on behalf of the
reinsurer or insurer and its policyholders and creditors for
recovery of compensatory damages for the benefit of the
reinsurer or insurer and its policyholders and creditors or
seek other appropriate relief.
This subsection (a) shall not be construed to prevent any
other person from taking civil action against a reinsurance
intermediary.
(b) If an Order of Rehabilitation or Liquidation of the
insurer is entered under Article XIII of the Illinois
Insurance Code and the receiver appointed under that Order
determines that the reinsurance intermediary or any other
person has not materially complied with this Act or any
regulation or Order promulgated hereunder and the insurer has
suffered any loss or damage therefrom, the receiver may
maintain a civil action for recovery of damages or other
appropriate sanctions for the benefit of the insurer.
(c) The decision, determination, or order of the
Director under subsection (a) of this Section shall be
subject to judicial review under the Administrative Review
Law.
(d) Nothing contained in this Act shall affect the right
of the Director to impose any other penalties provided in the
Illinois Insurance Code.
(e) Nothing contained in this Act is intended to or
shall in any manner limit or restrict the rights of
policyholders, claimants, creditors, or other third parties
or confer any rights to those persons.
(Source: P.A. 87-108; 88-364.)
Section 75-26.1. The Employee Leasing Company Act is
amended by changing Section 20 as follows:
(215 ILCS 113/20)
Sec. 20. Registration.
(a) A lessor shall register with the Department prior to
becoming a qualified self-insured for workers' compensation
or becoming eligible to be issued a workers' compensation and
employers' liability insurance policy. The registration
shall:
(1) identify the name of the lessor;
(2) identify the address of the principal place of
business of the lessor;
(3) include the lessor's taxpayer or employer
identification number;
(4) include a list by jurisdiction of each and
every name that the lessor has operated under in the
preceding 5 years including any alternative names and
names of predecessors;
(5) include a list of the officers and directors of
the lessor and its predecessors, successors, or alter
egos in the preceding 5 years; and
(6) include a $1,000 $500 fee for the registration
and each annual renewal thereafter.
Amounts received as registration fees shall be deposited
into the Insurance Producer Administration Fund.
(b) (Blank).
(c) Lessors registering pursuant to this Section shall
notify the Department within 30 days as to any changes in any
information provided pursuant to this Section.
(d) The Department shall maintain a list of those
lessors who are registered with the Department.
(e) The Department may prescribe any forms that are
necessary to promote the efficient administration of this
Section.
(f) Any lessor that was doing business in this State
prior to enactment of this Act shall register with the
Department within 60 days of the effective date of this Act.
(Source: P.A. 90-499, eff. 1-1-98; 90-794, eff. 8-14-98.)
Section 75-26.2. The Health Care Purchasing Group Act is
amended by changing Section 20 as follows:
(215 ILCS 123/20)
Sec. 20. HPG sponsors. Except as provided by Sections 15
and 25 of this Act, only a corporation authorized by the
Secretary of State to transact business in Illinois may
sponsor one or more HPGs with no more than 100,000 covered
individuals by negotiating, soliciting, or servicing health
insurance contracts for HPGs and their members. Such a
corporation may assert and maintain authority to act as an
HPG sponsor by complying with all of the following
requirements:
(1) The principal officers and directors
responsible for the conduct of the HPG sponsor must
perform their HPG sponsor related functions in Illinois.
(2) No insurance risk may be borne or retained by
the HPG sponsor; all health insurance contracts issued to
HPGs through the HPG sponsor must be delivered in
Illinois.
(3) No HPG sponsor may collect premium in its name
or hold or manage premium or claim fund accounts unless
duly qualified and licensed as a managing general agent
pursuant to Section 141a of the Illinois Insurance Code
or as a third party administrator pursuant to Section
511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice,
or proposal of insurance to an employer, it must disclose
the total cost of the insurance. Dues, fees, or charges
to be paid to the HPG, HPG sponsor, or any other entity
as a condition to purchasing the insurance must be
itemized. The HPG shall also disclose to its members the
amount of any dividends, experience refunds, or other
such payments it receives from the risk-bearer.
(5) An HPG sponsor must register with the Director
before negotiating or soliciting any group or master
health insurance contract for any HPG and must renew the
registration annually on forms and at times prescribed by
the Director in rules specifying, at minimum, (i) the
identity of the officers and directors of the HPG sponsor
corporation; (ii) a certification that those persons have
not been convicted of any felony offense involving a
breach of fiduciary duty or improper manipulation of
accounts; (iii) the number of employer members then
enrolled in each HPG sponsored; (iv) the date on which
each HPG was issued a group or master health insurance
contract, if any; and (v) the date on which each such
contract, if any, was terminated.
(6) At the time of initial registration and each
renewal thereof an HPG sponsor shall pay a fee of $200
$100 to the Director.
(Source: P.A. 90-337, eff. 1-1-98; 91-617, eff. 1-1-00.)
Section 75-26.3. The Service Contract Act is amended by
changing Section 25 as follows:
(215 ILCS 152/25)
Sec. 25. Registration requirements for service contract
providers.
(a) No service contract shall be issued or sold in this
State until the following information has been submitted to
the Department:
(1) the name of the service contract provider;
(2) a list identifying the service contract
provider's executive officer or officers directly
responsible for the service contract provider's service
contract business;
(3) the name and address of the service contract
provider's agent for service of process in this State, if
other than the service contract provider;
(4) a true and accurate copy of all service
contracts to be sold in this State; and
(5) a statement indicating under which provision of
Section 15 the service contract provider qualifies to do
business in this State as a service contract provider.
(b) The service contract provider shall pay an initial
registration fee of $1,000 $500 and a renewal fee of $150 $75
each year thereafter. All fees and penalties collected under
this Act shall be paid to the Director and deposited in the
Insurance Financial Regulation Fund.
(Source: P.A. 90-711, eff. 8-7-98.)
Section 75-27. The Title Insurance Act is amended by
changing Section 14 as follows:
(215 ILCS 155/14) (from Ch. 73, par. 1414)
Sec. 14. (a) Every title insurance company and every
independent escrowee subject to this Act shall pay the
following fees:
(1) for filing the original application for a
certificate of authority and receiving the deposit
required under this Act, $500;
(2) for the certificate of authority, $10;
(3) for every copy of a paper filed in the
Department under this Act, $1 per folio;
(4) for affixing the seal of the Department and
certifying a copy, $2;
(5) for filing the annual statement, $50.
(b) Each title insurance company shall pay, for all of
its title insurance agents subject to this Act for filing an
annual registration of its agents, an amount equal to $3
$1.00 for each policy issued by all of its agents in the
immediately preceding calendar year, provided such sum shall
not exceed $20,000 per annum.
(Source: P.A. 86-239.)
Section 75-28. The Viatical Settlements Act is amended
by changing Section 10 as follows:
(215 ILCS 158/10)
Sec. 10. License requirements.
(a) No individual, partnership, corporation, or other
entity may act as a viatical settlement provider without
first having obtained a license from the Director.
(b) Application for a viatical settlement provider
license shall be made to the Director by the applicant on a
form prescribed by the Director. The application shall be
accompanied by a fee of $3,000 $1,500, which shall be
deposited into the Insurance Producer Administration Fund.
(c) Viatical settlement providers' licenses may be
renewed from year to year on the anniversary date upon (1)
submission of renewal forms prescribed by the Director and
(2) payment of the annual renewal fee of $1,500 $750, which
shall be deposited into the Insurance Producer Administration
Fund. Failure to pay the fee within the terms prescribed by
the Director shall result in the expiration of the license.
(d) Applicants for a viatical settlement provider's
license shall provide such information as the Director may
require. The Director shall have authority, at any time, to
require the applicant to fully disclose the identity of all
stockholders, partners, officers, and employees. The
Director may, in the exercise of discretion, refuse to issue
a license in the name of any firm, partnership, or
corporation if not satisfied that an officer, employee,
stockholder, or partner thereof who may materially influence
the applicant's conduct meets the standards of this Act.
(e) A viatical settlement provider's license issued to a
partnership, corporation, or other entity authorizes all
members, officers, and designated employees to act as
viatical settlement providers under the license. All those
persons must be named in the application and any supplements
thereto.
(f) Upon the filing of an application for a viatical
settlement provider's license and the payment of the license
fee, the Director shall make an investigation of the
applicant and may issue a license if the Director finds that
the applicant:
(1) has provided a detailed plan of operation;
(2) is competent and trustworthy and intends to act
in good faith in the capacity authorized by the license
applied for;
(3) has a good business reputation and has had
experience, training, or education so as to be qualified
in the business for which the license is applied for; and
(4) if a corporation, is a corporation incorporated
under the laws of this State or a foreign corporation
authorized to transact business in this State.
(g) The Director may not issue a license to a
nonresident applicant, unless a written designation of an
agent for service of process is filed and maintained with the
Director or the applicant has filed with the Director the
applicant's written irrevocable consent that any action
against the applicant may be commenced against the applicant
by service of process on the Director.
(h) A viatical settlement provider must assume
responsibility for all actions of its appointed viatical
settlement agents associated with a viatical settlement.
(Source: P.A. 89-484, eff. 6-21-96.)
Section 75-30. The Public Utilities Act is amended by
changing Section 6-108 as follows:
(220 ILCS 5/6-108) (from Ch. 111 2/3, par. 6-108)
Sec. 6-108. The Commission shall charge every public
utility receiving permission under this Act for the issue of
stocks, bonds, notes and other evidences of indebtedness an
amount equal to 12 10 cents for every $100 of the par or
stated value of stocks, and 24 20 cents for every $100 of the
principal amount of bonds, notes or other evidences of
indebtedness, authorized by the Commission, which shall be
paid to the Commission no later than 30 days after service of
the Commission order authorizing the issuance of those
stocks, bonds, notes or other evidences of indebtedness.
Provided, that if any such stock, bonds, notes or other
evidences of indebtedness constitutes or creates a lien or
charge on, or right to profits from, any property not
situated in this State, this fee shall be paid only on the
amount of any such issue which is the same proportion of the
whole issue as the property situated in this State is of the
total property on which such securities issue creates a lien
or charge, or from which a right to profits is established;
and provided further, that no public utility shall be
required to pay any fee for permission granted to it by the
Commission in any of the following cases:
(1) To guarantee bonds or other securities.
(2) To issue bonds, notes or other evidences of
indebtedness issued for the purpose of converting,
exchanging, taking over, refunding, discharging or retiring
any bonds, notes or other evidences of indebtedness except:
(a) When issued for an aggregate period of longer
than 2 years for the purpose of converting, exchanging,
taking over, refunding, discharging or retiring any note,
or renewals thereof, issued without the consent of the
State Public Utilities Commission of Illinois or the
Public Utilities Commission or the Illinois Commerce
Commission; or
(b) When issued for the purpose of converting,
exchanging, taking over, refunding, discharging or
retiring bonds, notes or other evidences of indebtedness
issued prior to January 1, 1914, and upon which no fee
has been previously paid.
(3) To issue shares of stock upon the conversion of
convertible bonds, notes or other evidences of indebtedness
or upon the conversion of convertible stock of another class
in accordance with a conversion privilege contained in such
convertible bonds, notes or other evidences of indebtedness
or contained in such convertible stock, as the case may be,
where a fee (in the amount payable under this Section in the
case of evidences of indebtedness) has been previously paid
for the issuance of such convertible bonds, notes or other
evidences of indebtedness, or where a fee (in the amount
payable under this Section in the case of stocks) has been
previously paid for the issuance of such convertible stock,
or where such convertible stock was issued prior to July 1,
1951 and upon which no fee has been previously paid, as the
case may be.
(4) To issue shares of stocks for the purpose of
redeeming or otherwise retiring, or in exchange for, other
stocks, where the fee for the issuance of such other stocks
has been previously paid, or where such other stocks were
issued prior to July 1, 1951 and upon which no fee has been
previously paid, as the case may be, but only to the extent
that the par or stated value of the shares of stock so issued
does not exceed the par or stated value of the other stocks
redeemed or otherwise retired or exchanged.
All fees collected by the Commission under this Section
shall be paid within 10 days after the receipt of the same,
accompanied by a detailed statement of the same, into the
Public Utility Fund in the State treasury.
(Source: P.A. 87-971.)
Section 75-35. The Professional Boxing Act is amended by
changing Section 23 as follows:
(225 ILCS 105/23) (from Ch. 111, par. 5023)
(Section scheduled to be repealed on January 1, 2012)
Sec. 23. Fees. The fees for the administration and
enforcement of this Act including, but not limited to,
original licensure, renewal, and restoration shall be set by
rule. The fees shall not be refundable. Beginning July 1,
2003, all of the fees, taxes, and fines collected under this
Act shall be deposited into the General Professions Dedicated
Fund.
(Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00;
92-16, eff. 6-28-01; 92-499, eff. 1-1-02.)
Section 75-40. The Illinois Certified Shorthand
Reporters Act of 1984 is amended by changing Section 17 as
follows:
(225 ILCS 415/17) (from Ch. 111, par. 6217)
(Section scheduled to be repealed on January 1, 2004)
Sec. 17. Fees; returned checks; expiration while in
military.
(a) The fees for the administration and enforcement of
this Act, including but not limited to, original
certification, renewal and restoration, shall be set by rule.
(b) Beginning July 1, 2003, all of the fees and fines
collected under this Act shall be deposited into the General
Professions Dedicated Fund.
(c) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act prohibiting 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.
However, any person whose license has expired while he
has been engaged (l) in federal or state service active duty,
or (2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his license renewed, reinstated or restored
without paying any lapsed renewal and restoration fees, if
within 2 years after termination of such service, training or
education other than by dishonorable discharge, he furnishes
the Department with satisfactory proof that he has been so
engaged and that his service, training or education has been
so terminated.
(Source: P.A. 92-146, eff. 1-1-02.)
Section 75-45. The Weights and Measures Act is amended
by changing Section 8.1 as follows:
(225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
Sec. 8.1. Registration of servicepersons, service
agents, and special sealers. No person, firm, or corporation
shall sell, install, service, recondition or repair a
weighing or measuring device used in trade or commerce
without first obtaining a certificate of registration.
Applications by individuals for a certificate of registration
shall be made to the Department, shall be in writing on forms
prescribed by the Department, and shall be accompanied by the
required fee.
Each application shall provide such information that will
enable the Department to pass on the qualifications of the
applicant for the certificate of registration. The
information requests shall include present residence,
location of the business to be licensed under this Act,
whether the applicant has had any previous registration under
this Act or any federal, state, county, or local law,
ordinance, or regulation relating to servicepersons and
service Agencies, whether the applicant has ever had a
registration suspended or revoked, whether the applicant has
been convicted of a felony, and such other information as the
Department deems necessary to determine if the applicant is
qualified to receive a certificate of registration.
Before any certificate of registration is issued, the
Department shall require the registrant to meet the following
qualifications:
(1) Has possession of or available for use weights
and measures, standards, and testing equipment
appropriate in design and adequate in amount to provide
the services for which the person is requesting
registration.
(2) Passes a qualifying examination for each type
of weighing or measuring device he intends to install,
service, recondition, or repair.
(3) Demonstrates a working knowledge of weighing
and measuring devices for which he intends to be
registered.
(4) Has a working knowledge of all appropriate
weights and measures laws and their rules and
regulations.
(5) Has available a current copy of National
Institute of Standards and Technology Handbook 44.
(6) Pays the prescribed registration fee for the
type of registration:
(A) The annual fee for a Serviceperson
Certificate of Registration shall be $25 $5.
(B) The annual fee for a Special Sealer
Certificate of Registration shall be $50 $25.
(C) The annual fee for a Service Agency
Certificate of Registration shall be $50 $25.
"Registrant" means any individual, partnership,
corporation, agency, firm, or company registered by the
Department who installs, services, repairs, or reconditions,
for hire, award, commission, or any other payment of any
kind, any commercial weighing or measuring device.
"Commercial weighing and measuring device" means any
weight or measure or weighing or measuring device
commercially used or employed (i) in establishing size,
quantity, extent, area, or measurement of quantities, things,
produce, or articles for distribution or consumption which
are purchased, offered, or submitted for sale, hire, or
award, or (ii) in computing any basic charge or payment for
services rendered, except as otherwise excluded by Section 2
of this Act, and shall also include any accessory attached to
or used in connection with a commercial weighing or measuring
device when the accessory is so designed or installed that
its operation affects, or may affect, the accuracy of the
device.
"Serviceperson" means any individual who sells, installs,
services, repairs, or reconditions, for hire, award,
commission, or any other payment of kind, a commercial
weighing or measuring device.
"Service agency" means any individual, agency, firm,
company, or corporation that, for hire, award, commission, or
any other payment of any kind, sells, installs, services,
repairs, or reconditions a commercial weighing or measuring
device.
"Special sealer" means any serviceperson who is allowed
to service only one service agency's liquid petroleum meters
or liquid petroleum measuring devices.
Each registered service agency and serviceperson shall
have report forms, known as "Placed in Service Reports".
These forms shall be executed in triplicate, shall include
the assigned registration number (in the case where a
registered serviceperson is representing a registered service
agency both assigned registration numbers shall be included),
and shall be signed by a registered serviceperson or by a
registered serviceperson representing a registered service
agency for each rejected or repaired device restored to
service and for each newly installed device placed in
service. Whenever a registered serviceperson or special
sealer places into service a weighing or measuring device,
there shall be affixed to the device indicator a decal
provided by the Department that indicates the device
accuracy.
Within 5 days after a device is restored to service or
placed in service, the original of a properly executed
"Placed in Service Report", together with any official
rejection tag or seal removed from the device, shall be
mailed to the Department. The duplicate copy of the report
shall be handed to the owner or operator of the device and
the triplicate copy of the report shall be retained by the
service agency or serviceperson.
A registered service agency and a registered
serviceperson shall submit, at least once every 2 years to
the Department for examination and certification, any
standards and testing equipment that are used, or are to be
used, in the performance of the service and testing functions
with respect to weighing and measuring devices for which
competence is registered. A registered serviceperson or
agency shall not use in servicing commercial weighing and
measuring devices any standards or testing equipment that
have not been certified by the Department.
When a serviceperson's or service agency's weights and
measures are carried to a National Institute of Standards and
Technology approved out-of-state weights and measures
laboratory for inspection and testing, the serviceperson or
service agency shall be responsible for providing the
Department a copy of the current certification of all weights
and measures used in the repair, service, or testing of
weighing or measuring devices within the State of Illinois.
All registered servicepersons placing into service scales
in excess of 30,000 pounds shall have a minimum of 10,000
pounds of State approved certified test weights to accurately
test a scale.
Persons working as apprentices are not subject to
registration if they work with and under the supervision of a
registered serviceperson.
The Director is authorized to promulgate, after public
hearing, rules and regulations necessary to enforce the
provisions of this Section.
For good cause and after a hearing upon reasonable
notice, the Director may deny any application for
registration or any application for renewal of registration,
or may revoke or suspend the registration of any registrant.
The Director may publish from time to time as he deems
appropriate, and may supply upon request, lists of registered
servicepersons and registered service agencies.
All final administrative decisions of the Director under
this Section shall be subject to judicial review under the
Administrative Review Law. The term "administrative
decision" is defined as in Section 1 of the Administrative
Review Law.
(Source: P.A. 88-600, eff. 9-1-94.)
Section 75-52. The Environmental Protection Act is
amended by changing Sections 9.6, 12.2, 16.1, 22.8, 22.15,
22.44, 39.5, 56.4, 56.5, and 56.6 and adding Sections 9.12,
9.13, 12.5, and 12.6 as follows:
(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
Sec. 9.6. Air pollution operating permit fee.
(a) For any site for which an air pollution operating
permit is required, other than a site permitted solely as a
retail liquid dispensing facility that has air pollution
control equipment or an agrichemical facility with an
endorsed permit pursuant to Section 39.4, the owner or
operator of that site shall pay an initial annual fee to the
Agency within 30 days of receipt of the permit and an annual
fee each year thereafter for as long as a permit is in
effect. The owner or operator of a portable emission unit,
as defined in 35 Ill. Adm. Code 201.170, may change the site
of any unit previously permitted without paying an additional
fee under this Section for each site change, provided that no
further change to the permit is otherwise necessary or
requested.
(b) Notwithstanding any rules to the contrary, the
following fee amounts shall apply:
(1) The fee for a site permitted to emit less than
25 tons per year of any combination of regulated air
pollutants, as defined in Section 39.5 of this Act, is
$100 per year, beginning July 1, 1993, and increases to
$200 per year beginning on July 1, 2003, except as
provided in subsection (c) of this Section.
(2) The fee for a site permitted to emit at least
25 tons per year but less than 100 tons per year of any
combination of regulated air pollutants, as defined in
Section 39.5 of this Act, is $1,000 per year beginning
July 1, 1993, and increases to $1,800 per year beginning
on July 1, 2003, except as provided in subsection (c) of
this Section.
(3) The fee for a site permitted to emit at least
100 tons per year of any combination of regulated air
pollutants is $2,500 per year beginning July 1, 1993, and
increases to $3,500 per year beginning on July 1, 2003,
except as provided in subsection (c) of this Section;
provided, however, that the fee shall not exceed the
amount that would be required for the site if it were
subject to the fee requirements of Section 39.5 of this
Act.
(c) The owner or operator of any source subject to
paragraphs (b)(1), (b)(2), or (b)(3) of this Section that
becomes subject to Section 39.5 of this Act shall continue to
pay the fee set forth in this Section until the source
becomes subject to the fee set forth within subsection 18 of
Section 39.5 of this Act. In the event a site has paid a fee
under this Section during the 12 month period following the
effective date of the CAAPP for that site, the fee amount
shall be deducted from any amount due under subsection 18 of
Section 39.5 of this Act. Owners or operators that are
subject to paragraph (b)(1), (b)(2), or (b)(3) of this
Section, but that are not also subject to Section 39.5, or
excluded pursuant to subsection 1.1 or subsection 3(c) of
Section 39.5 shall continue to pay the fee amounts set forth
within paragraphs (b)(1), (b)(2), or (b)(3), whichever is
applicable.
(d) Only one air pollution site fee may be collected
from any site, even if such site receives more than one air
pollution control permit.
(e) The Agency shall establish procedures for the
collection of air pollution site fees. Air pollution site
fees may be paid annually, or in advance for the number of
years for which the permit is issued, at the option of the
owner or operator. Payment in advance does not exempt the
owner or operator from paying any increase in the fee that
may occur during the term of the permit; the owner or
operator must pay the amount of the increase upon and from
the effective date of the increase.
(f) The Agency may deny an application for the issuance,
transfer, or renewal of an air pollution operating permit if
any air pollution site fee owed by the applicant has not been
paid within 60 days of the due date, unless the applicant, at
the time of application, pays to the Agency in advance the
air pollution site fee for the site that is the subject of
the operating permit, plus any other air pollution site fees
then owed by the applicant. The denial of an air pollution
operating permit for failure to pay an air pollution site fee
shall be subject to review by the Board pursuant to the
provisions of subsection (a) of Section 40 of this Act.
(g) If the Agency determines that an owner or operator
of a site was required, but failed, to timely obtain an air
pollution operating permit, and as a result avoided the
payment of permit fees, the Agency may collect the avoided
permit fees with or without pursuing enforcement under
Section 31 of this Act. The avoided permit fees shall be
calculated as double the amount that would have been owed had
a permit been timely obtained. Fees collected pursuant to
this subsection (g) shall be deposited into the Environmental
Protection Permit and Inspection Fund.
(h) If the Agency determines that an owner or operator
of a site was required, but failed, to timely obtain an air
pollution operating permit and as a result avoided the
payment of permit fees, an enforcement action may be brought
under Section 31 of this Act. In addition to any other
relief that may be obtained as part of this action, the
Agency may seek to recover the avoided permit fees. The
avoided permit fees shall be calculated as double the amount
that would have been owed had a permit been timely obtained.
Fees collected pursuant to this subsection (h) shall be
deposited into the Environmental Protection Permit and
Inspection Fund.
(i) If a permittee subject to a fee under this Section
fails to pay the fee within 90 days of its due date, or makes
the fee payment from an account with insufficient funds to
cover the amount of the fee payment, the Agency shall notify
the permittee of the failure to pay the fee. If the
permittee fails to pay the fee within 60 days after such
notification, the Agency may, by written notice, immediately
revoke the air pollution operating permit. Failure of the
Agency to notify the permittee of failure to pay a fee due
under this Section, or the payment of the fee from an account
with insufficient funds to cover the amount of the fee
payment, does not excuse or alter the duty of the permittee
to comply with the provisions of this Section.
(Source: P.A. 90-367, eff. 8-10-97.)
(415 ILCS 5/9.12 new)
Sec. 9.12. Construction permit fees for air pollution
sources.
(a) An applicant for a new or revised air pollution
construction permit shall pay a fee, as established in this
Section, to the Agency at the time that he or she submits the
application for a construction permit. Except as set forth
below, the fee for each activity or category listed in this
Section is separate and is cumulative with any other
applicable fee listed in this Section.
(b) The fee amounts in this subsection (b) apply to
construction permit applications relating to (i) a source
subject to Section 39.5 of this Act (the Clean Air Act Permit
Program); (ii) a source that, upon issuance of the requested
construction permit, will become a major source subject to
Section 39.5; or (iii) a source that has or will require a
federally enforceable State operating permit limiting its
potential to emit.
(1) Base fees for each construction permit
application shall be assessed as follows:
(A) If the construction permit application
relates to one or more new emission units or to a
combination of new and modified emission units, a
fee of $4,000 for the first new emission unit and a
fee of $1,000 for each additional new or modified
emission unit; provided that the total base fee
under this subdivision (A) shall not exceed $10,000.
(B) If the construction permit application
relates to one or more modified emission units but
not to any new emission unit, a fee of $2,000 for
the first modified emission unit and a fee of $1,000
for each additional modified emission unit; provided
that the total base fee under this subdivision (B)
shall not exceed $5,000.
(2) Supplemental fees for each construction permit
application shall be assessed as follows:
(A) If, based on the construction permit
application, the source will be, but is not
currently, subject to Section 39.5 of this Act, a
CAAPP entry fee of $5,000.
(B) If the construction permit application
involves (i) a new source or emission unit subject
to Section 39.2 of this Act, (ii) a commercial
incinerator or other municipal waste, hazardous
waste, or waste tire incinerator, (iii) a commercial
power generator, or (iv) one or more other emission
units designated as a complex source by Agency
rulemaking, a fee of $25,000.
(C) If the construction permit application
involves an emissions netting exercise or reliance
on a contemporaneous emissions decrease for a
pollutant to avoid application of the federal PSD
program (40 CFR 52.21) or nonattainment new source
review (35 Ill. Adm. Code 203), a fee of $3,000 for
each such pollutant.
(D) If the construction permit application is
for a new major source subject to the federal PSD
program, a fee of $12,000.
(E) If the construction permit application is
for a new major source subject to nonattainment new
source review, a fee of $20,000.
(F) If the construction permit application is
for a major modification subject to the federal PSD
program, a fee of $6,000.
(G) If the construction permit application is
for a major modification subject to nonattainment
new source review, a fee of $12,000.
(H) If the construction permit application
review involves a determination of whether an
emission unit has Clean Unit Status and is therefore
not subject to the Best Available Control Technology
(BACT) or Lowest Achievable Emission Rate (LAER)
under the federal PSD program or nonattainment new
source review, a fee of $5,000 per unit for which a
determination is requested or otherwise required.
(I) If the construction permit application
review involves a determination of the Maximum
Achievable Control Technology standard for a
pollutant and the project is not otherwise subject
to BACT or LAER for a related pollutant under the
federal PSD program or nonattainment new source
review, a fee of $5,000 per unit for which a
determination is requested or otherwise required.
(J) If the applicant is requesting a
construction permit that will alter the source's
status so that it is no longer a major source
subject to Section 39.5 of this Act, a fee of
$4,000.
(3) If a public hearing is held regarding the
construction permit application, an administrative fee of
$10,000, subject to adjustment under subsection (f) of
this Section.
(c) The fee amounts in this subsection (c) apply to
construction permit applications relating to a source that,
upon issuance of the construction permit, will not (i) be or
become subject to Section 39.5 of this Act (the Clean Air Act
Permit Program) or (ii) have or require a federally
enforceable state operating permit limiting its potential to
emit.
(1) Base fees for each construction permit
application shall be assessed as follows:
(A) For a construction permit application
involving a single new emission unit, a fee of $500.
(B) For a construction permit application
involving more than one new emission unit, a fee of
$1,000.
(C) For a construction permit application
involving no more than 2 modified emission units, a
fee of $500.
(D) For a construction permit application
involving more than 2 modified emission units, a fee
of $1,000.
(2) Supplemental fees for each construction permit
application shall be assessed as follows:
(A) If the source is a new source, i.e., does
not currently have an operating permit, an entry fee
of $500;
(B) If the construction permit application
involves (i) a new source or emission unit subject
to Section 39.2 of this Act, (ii) a commercial
incinerator or a municipal waste, hazardous waste,
or waste tire incinerator, (iii) a commercial power
generator, or (iv) an emission unit designated as a
complex source by Agency rulemaking, a fee of
$15,000.
(3) If a public hearing is held regarding the
construction permit application, an administrative fee of
$10,000.
(d) If no other fee is applicable under this Section, a
construction permit application addressing one or more of the
following shall be subject to a filing fee of $500:
(1) A construction permit application to add or
replace a control device on a permitted emission unit.
(2) A construction permit application to conduct a
pilot project or trial burn for a permitted emission
unit.
(3) A construction permit application for a land
remediation project.
(4) A construction permit application for an
insignificant activity as described in 35 Ill. Adm. Code
201.210.
(5) A construction permit application to revise an
emissions testing methodology or the timing of required
emissions testing.
(6) A construction permit application that provides
for a change in the name, address, or phone number of any
person identified in the permit, or for a change in the
stated ownership or control, or for a similar minor
administrative permit change at the source.
(e) No fee shall be assessed for a request to correct an
issued permit that involves only an Agency error, if the
request is received within the deadline for a permit appeal
to the Pollution Control Board.
(f) The applicant for a new or revised air pollution
construction permit shall submit to the Agency, with the
construction permit application, both a certification of the
fee that he or she estimates to be due under this Section and
the fee itself.
(g) Notwithstanding the requirements of Section 39(a) of
this Act, the application for an air pollution construction
permit shall not be deemed to be filed with the Agency until
the Agency receives the initial air pollution construction
permit application fee and the certified estimate of the fee
required by this Section. Unless the Agency has received the
initial air pollution construction permit application fee and
the certified estimate of the fee required by this Section,
the Agency is not required to review or process the
application.
(h) If the Agency determines at any time that a
construction permit application is subject to an additional
fee under this Section that the applicant has not submitted,
the Agency shall notify the applicant in writing of the
amount due under this Section. The applicant shall have 60
days to remit the assessed fee to the Agency.
If the proper fee established under this Section is not
submitted within 60 days after the request for further
remittance:
(1) If the construction permit has not yet been
issued, the Agency is not required to further review or
process, and the provisions of Section 39(a) of this Act
do not apply to, the application for a construction
permit until such time as the proper fee is remitted.
(2) If the construction permit has been issued, the
Agency may, upon written notice, immediately revoke the
construction permit.
The denial or revocation of a construction permit does
not excuse the applicant from the duty of paying the fees
required under this Section.
(i) The Agency may deny the issuance of a pending air
pollution construction permit or the subsequent operating
permit if the applicant has not paid the required fees by the
date required for issuance of the permit. The denial or
revocation of a permit for failure to pay a construction
permit fee is subject to review by the Board pursuant to the
provisions of subsection (a) of Section 40 of this Act.
(j) If the owner or operator undertakes construction
without obtaining an air pollution construction permit, the
fee under this Section is still required. Payment of the
required fee does not preclude the Agency or the Attorney
General or other authorized persons from pursuing enforcement
against the applicant for failure to have an air pollution
construction permit prior to commencing construction.
(k) If an air pollution construction permittee makes a
fee payment under this Section from an account with
insufficient funds to cover the amount of the fee payment,
the Agency shall notify the permittee of the failure to pay
the fee. If the permittee fails to pay the fee within 60
days after such notification, the Agency may, by written
notice, immediately revoke the air pollution construction
permit. Failure of the Agency to notify the permittee of the
permittee's failure to make payment does not excuse or alter
the duty of the permittee to comply with the provisions of
this Section.
(l) The Agency may establish procedures for the
collection of air pollution construction permit fees.
(m) Fees collected pursuant to this Section shall be
deposited into the Environmental Protection Permit and
Inspection Fund.
(415 ILCS 5/9.13 new)
Sec. 9.13. Asbestos fees.
(a) For any site for which the owner or operator must
file an original 10-day notice of intent to renovate or
demolish pursuant to 40 CFR 61.145(b) (part of the federal
asbestos National Emission Standard for Hazardous Air
Pollutants or NESHAP), the owner or operator shall pay to the
Agency with the filing of each 10-day Notice a fee of $150.
(b) If demolition or renovation of a site has commenced
without proper filing of the 10-day Notice, the fee is double
the amount otherwise due. This doubling of the fee is in
addition to any other penalties under this Act, the federal
NESHAP, or otherwise, and does not preclude the Agency, the
Attorney General, or other authorized persons from pursuing
an enforcement action against the owner or operator for
failure to file a 10-day Notice prior to commencing
demolition or renovation activities.
(c) In the event that an owner or operator makes a fee
payment under this Section from an account with insufficient
funds to cover the amount of the fee payment, the 10-day
Notice shall be deemed improperly filed. The Agency shall so
notify the owner or operator within 60 days of receiving the
notice of insufficient funds. Failure of the Agency to so
notify the owner or operator does not excuse or alter the
duty of the owner or operator to comply with the requirements
of this Section.
(d) Where asbestos remediation or demolition activities
have not been conducted in accordance with the asbestos
NESHAP, in addition to the fees imposed by this Section, the
Agency may also collect its actual costs incurred for
asbestos-related activities at the site, including without
limitation costs of sampling, sample analysis, remediation
plan review, and activity oversight for demolition or
renovation.
(e) Fees and cost recovery amounts collected under this
Section shall be deposited into the Environmental Protection
Permit and Inspection Fund.
(415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
Sec. 12.2. Water pollution construction permit fees.
(a) Beginning July 1, 2003 January 1, 1991, the Agency
shall collect a fee in the amount set forth in this Section:
subsection (c)
(1) for any sewer which requires a construction
permit under paragraph (b) of Section 12, from each
applicant for a sewer construction permit under paragraph
(b) of Section 12 or regulations adopted hereunder; and.
(2) for any treatment works, industrial
pretreatment works, or industrial wastewater source that
requires a construction permit under paragraph (b) of
Section 12, from the applicant for the construction
permit. However, no fee shall be required for a
treatment works or wastewater source directly covered and
authorized under an NPDES permit issued by the Agency,
nor for any treatment works, industrial pretreatment
works, or industrial wastewater source (i) that is under
or pending construction authorized by a valid
construction permit issued by the Agency prior to July 1,
2003, during the term of that construction permit, or
(ii) for which a completed construction permit
application has been received by the Agency prior to July
1, 2003, with respect to the permit issued under that
application.
(b) Each applicant or person required to pay a fee under
this Section shall submit the fee to the Agency along with
the permit application. The Agency shall deny any
construction permit application for which a fee is required
under this Section that does not contain the appropriate fee.
(c) The amount of the fee is as follows:
(1) A $100 $50 fee shall be required for any sewer
constructed with a design population of 1.
(2) A $400 $200 fee shall be required for any sewer
constructed with a design population of 2 to 20.
(3) A $800 $400 fee shall be required for any sewer
constructed with a design population greater than 20 but
less than 101.
(4) A $1200 $600 fee shall be required for any
sewer constructed with a design population greater than
100 but less than 500.
(5) A $2400 $1200 fee shall be required for any
sewer constructed with a design population of 500 or
more.
(6) A $1,000 fee shall be required for any
industrial wastewater source that does not require
pretreatment of the wastewater prior to discharge to the
publicly owned treatment works or publicly regulated
treatment works.
(7) A $3,000 fee shall be required for any
industrial wastewater source that requires pretreatment
of the wastewater for non-toxic pollutants prior to
discharge to the publicly owned treatment works or
publicly regulated treatment works.
(8) A $6,000 fee shall be required for any
industrial wastewater source that requires pretreatment
of the wastewater for toxic pollutants prior to discharge
to the publicly owned treatment works or publicly
regulated treatment works.
(9) A $2,500 fee shall be required for construction
relating to land application of industrial sludge or
spray irrigation of industrial wastewater.
All fees collected by the Agency under this Section shall
be deposited into the Environmental Protection Permit and
Inspection Fund in accordance with Section 22.8.
(d) Prior to a final Agency decision on a permit
application for which a fee has been paid under this Section,
the applicant may propose modification to the application in
accordance with this Act and regulations adopted hereunder
without any additional fee becoming due, unless the proposed
modifications cause an increase in the design population
served by the sewer specified in the permit application
before the modifications or the modifications cause a change
in the applicable fee category stated in subsection (c). If
the modifications cause such an increase or change the fee
category and the increase results in additional fees being
due under subsection (c), the applicant shall submit the
additional fee to the Agency with the proposed modifications.
(e) No fee shall be due under this Section from:
(1) any department, agency or unit of State
government for installing or extending a sewer;
(2) any unit of local government with which the
Agency has entered into a written delegation agreement
under Section 4 which allows such unit to issue
construction permits under this Title, or regulations
adopted hereunder, for installing or extending a sewer;
or
(3) any unit of local government or school district
for installing or extending a sewer where both of the
following conditions are met:
(i) the cost of the installation or extension
is paid wholly from monies of the unit of local
government or school district, State grants or
loans, federal grants or loans, or any combination
thereof; and
(ii) the unit of local government or school
district is not given monies, reimbursed or paid,
either in whole or in part, by another person
(except for State grants or loans or federal grants
or loans) for the installation or extension.
(f) The Agency may establish procedures relating to the
collection of fees under this Section. The Agency shall not
refund any fee paid to it under this Section.
Notwithstanding the provisions of any rule adopted before
July 1, 2003 concerning fees under this Section, the Agency
shall assess and collect the fees imposed under subdivision
(a)(2) of this Section and the increases in the fees imposed
under subdivision (a)(1) of this Section beginning on July 1,
2003, for all completed applications received on or after
that date.
(g) Notwithstanding any other provision of this Act, the
Agency shall, not later than 45 days following the receipt of
both an application for a construction permit and the fee
required by this Section, either approve that application and
issue a permit or tender to the applicant a written statement
setting forth with specificity the reasons for the
disapproval of the application and denial of a permit. If
the Agency takes no final action within 45 days after the
filing of the application for a permit, the applicant may
deem the permit issued.
(h) For purposes of this Section:
"Toxic pollutants" means those pollutants defined in
Section 502(13) of the federal Clean Water Act and
regulations adopted pursuant to that Act.
"Industrial" refers to those industrial users referenced
in Section 502(13) of the federal Clean Water Act and
regulations adopted pursuant to that Act.
"Pretreatment" means the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater prior to
or in lieu of discharging or otherwise introducing those
pollutants into a publicly owned treatment works or publicly
regulated treatment works.
(Source: P.A. 87-843; 88-488.)
(415 ILCS 5/12.5 new)
Sec. 12.5. NPDES discharge fees; sludge permit fees.
(a) Beginning July 1, 2003, the Agency shall assess and
collect annual fees (i) in the amounts set forth in
subsection (e) for all discharges that require an NPDES
permit under subsection (f) of Section 12, from each person
holding an NPDES permit authorizing those discharges
(including a person who continues to discharge under an
expired permit pending renewal), and (ii) in the amounts set
forth in subsection (f) of this Section for all activities
that require a permit under subsection (b) of Section 12,
from each person holding a domestic sewage sludge generator
or user permit.
Each person subject to this Section must remit the
applicable annual fee to the Agency in accordance with the
requirements set forth in this Section and any rules adopted
pursuant to this Section.
(b) Within 30 days after the effective date of this
Section, and by May 31 of each year thereafter, the Agency
shall send a fee notice by mail to each existing permittee
subject to a fee under this Section at his or her address of
record. The notice shall state the amount of the applicable
annual fee and the date by which payment is required.
Except as provided in subsection (c) with respect to
initial fees under new permits and certain modifications of
existing permits, fees payable under this Section for the 12
months beginning July 1, 2003 are due by the date specified
in the fee notice, which shall be no less than 30 days after
the date the fee notice is mailed by the Agency, and fees
payable under this Section for subsequent years shall be due
on July 1 or as otherwise required in any rules that may be
adopted pursuant to this Section.
(c) The initial annual fee for discharges under a new
individual NPDES permit or for activity under a new
individual sludge generator or sludge user permit must be
remitted to the Agency prior to the issuance of the permit.
The Agency shall provide notice of the amount of the fee to
the applicant during its review of the application. In the
case of a new individual NPDES or sludge permit issued during
the months of January through June, the Agency may prorate
the initial annual fee payable under this Section.
The initial annual fee for discharges or other activity
under a general NPDES permit must be remitted to the Agency
as part of the application for coverage under that general
permit.
If a requested modification to an existing NPDES permit
causes a change in the applicable fee categories under
subsection (e) that results in an increase in the required
fee, the permittee must pay to the Agency the amount of the
increase, prorated for the number of months remaining before
the next July 1, before the modification is granted.
(d) Failure to submit the fee required under this
Section by the due date constitutes a violation of this
Section. Late payments shall incur an interest penalty,
calculated at the rate in effect from time to time for tax
delinquencies under subsection (a) of Section 1003 of the
Illinois Income Tax Act, from the date the fee is due until
the date the fee payment is received by the Agency.
(e) The annual fees applicable to discharges under NPDES
permits are as follows:
(1) For NPDES permits for publicly owned treatment
works, other facilities for which the wastewater being
treated and discharged is primarily domestic sewage, and
wastewater discharges from the operation of public water
supply treatment facilities, the fee is:
(i) $1,500 for facilities with a Design
Average Flow rate of less than 100,000 gallons per
day;
(ii) $5,000 for facilities with a Design
Average Flow rate of at least 100,000 gallons per
day but less than 500,000 gallons per day;
(iii) $7,500 for facilities with a Design
Average Flow rate of at least 500,000 gallons per
day but less than 1,000,000 gallons per day;
(iv) $15,000 for facilities with a Design
Average Flow rate of at least 1,000,000 gallons per
day but less than 5,000,000 gallons per day;
(v) $30,000 for facilities with a Design
Average Flow rate of at least 5,000,000 gallons per
day but less than 10,000,000 gallons per day; and
(vi) $50,000 for facilities with a Design
Average Flow rate of 10,000,000 gallons per day or
more.
(2) For NPDES permits for treatment works or sewer
collection systems that include combined sewer overflow
outfalls, the fee is:
(i) $1,000 for systems serving a tributary
population of 10,000 or less;
(ii) $5,000 for systems serving a tributary
population that is greater than 10,000 but not more
than 25,000; and
(iii) $20,000 for systems serving a tributary
population that is greater than 25,000.
The fee amounts in this subdivision (e)(2) are in
addition to the fees stated in subdivision (e)(1) when
the combined sewer overflow outfall is contained within a
permit subject to subsection (e)(1) fees.
(3) For NPDES permits for mines producing coal, the
fee is $5,000.
(4) For NPDES permits for mines other than mines
producing coal, the fee is $5,000.
(5) For NPDES permits for industrial activity where
toxic substances are not regulated, other than permits
covered under subdivision (e)(3) or (e)(4), the fee is:
(i) $1,000 for a facility with a Design
Average Flow rate that is not more than 10,000
gallons per day;
(ii) $2,500 for a facility with a Design
Average Flow rate that is more than 10,000 gallons
per day but not more than 100,000 gallons per day;
and
(iii) $10,000 for a facility with a Design
Average Flow rate that is more than 100,000 gallons
per day.
(6) For NPDES permits for industrial activity where
toxic substances are regulated, other than permits
covered under subdivision (e)(3) or (e)(4), the fee is:
(i) $15,000 for a facility with a Design
Average Flow rate that is not more than 250,000
gallons per day; and
(ii) $20,000 for a facility with a Design
Average Flow rate that is more than 250,000 gallons
per day.
(7) For NPDES permits for industrial activity
classified by USEPA as a major discharge, other than
permits covered under subdivision (e)(3) or (e)(4), the
fee is:
(i) $30,000 for a facility where toxic
substances are not regulated; and
(ii) $50,000 for a facility where toxic
substances are regulated.
(8) For NPDES permits for municipal separate storm
sewer systems, the fee is $1,000.
(9) For NPDES permits for construction site or
industrial storm water, the fee is $500.
(f) The annual fee for activities under a permit that
authorizes applying sludge on land is $2,500 for a sludge
generator permit and $5,000 for a sludge user permit.
(g) More than one of the annual fees specified in
subsections (e) and (f) may be applicable to a permit holder.
These fees are in addition to any other fees required under
this Act.
(h) The fees imposed under this Section do not apply to
the State or any department or agency of the State, nor to
any school district.
(i) The Agency may adopt rules to administer the fee
program established in this Section. The Agency may include
provisions pertaining to invoices, notice of late payment,
and disputes concerning the amount or timeliness of payment.
The Agency may set forth procedures and criteria for the
acceptance of payments. The absence of such rules does not
affect the duty of the Agency to immediately begin the
assessment and collection of fees under this Section.
(j) All fees and interest penalties collected by the
Agency under this Section shall be deposited into the
Illinois Clean Water Fund, which is hereby created as a
special fund in the State treasury. Gifts, supplemental
environmental project funds, and grants may be deposited into
the Fund. Investment earnings on moneys held in the Fund
shall be credited to the Fund.
Subject to appropriation, the moneys in the Fund shall be
used by the Agency to carry out the Agency's clean water
activities.
(k) Fees paid to the Agency under this Section are not
refundable.
(415 ILCS 5/12.6 new)
Sec. 12.6. Certification fees.
(a) Beginning July 1, 2003, the Agency shall collect a
fee in the amount set forth in subsection (b) from each
applicant for a state water quality certification required by
Section 401 of the federal Clean Water Act prior to a federal
authorization pursuant to Section 404 of that Act; except
that the fee does not apply to the State or any department or
agency of the State, nor to any school district.
(b) The amount of the fee for a State water quality
certification is $350 or 1% of the gross value of the
proposed project, whichever is greater, but not to exceed
$10,000.
(c) Each applicant seeking a federal authorization of an
action requiring a Section 401 state water quality
certification by the Agency shall submit the required fee
with the application. The Agency shall deny an application
for which a fee is required under this Section, if the
application does not contain the appropriate fee.
(d) The Agency may establish procedures relating to the
collection of fees under this Section. Notwithstanding the
adoption of any rules establishing such procedures, the
Agency may begin collecting fees under this Section on July
1, 2003 for all complete applications received on or after
that date.
All fees collected by the Agency under this Section shall
be deposited into the Illinois Clean Water Fund. Fees paid
under this Section are not refundable.
(415 ILCS 5/16.1) (from Ch. 111 1/2, par. 1016.1)
Sec. 16.1. Permit fees.
(a) Beginning January 1, 1990, Except as provided in
subsection (f), the Agency shall collect a fee in the amount
set forth in subsection (d) from: (1) each applicant for a
construction permit under this Title, or regulations adopted
hereunder, to install or extend water main; and (2) each
person who submits as-built plans under this Title, or
regulations adopted hereunder, to install or extend water
main.
(b) Except as provided in subsection (c), each applicant
or person required to pay a fee under this Section shall
submit the fee to the Agency along with the permit
application or as-built plans. The Agency shall deny any
construction permit application for which a fee is required
under this Section that does not contain the appropriate fee.
The Agency shall not approve any as-built plans for which a
fee is required under this Section that do not contain the
appropriate fee.
(c) Each applicant for an emergency construction permit
under this Title, or regulations adopted hereunder, to
install or extend a water main shall submit the appropriate
fee to the Agency within 10 calendar days from the date of
issuance of the emergency construction permit.
(d) The amount of the fee is as follows:
(1) $240 $120 if the construction permit
application is to install or extend water main that is
more than 200 feet, but not more than 1,000 feet in
length;
(2) $720 $360 if the construction permit
application is to install or extend water main that is
more than 1,000 feet but not more than 5,000 feet in
length;
(3) $1200 $600 if the construction permit
application is to install or extend water main that is
more than 5,000 feet in length.
(e) Prior to a final Agency decision on a permit
application for which a fee has been paid under this Section,
the applicant may propose modifications to the application in
accordance with this Act and regulations adopted hereunder
without any additional fee becoming due unless the proposed
modifications cause the length of water main to increase
beyond the length specified in the permit application before
the modifications. If the modifications cause such an
increase and the increase results in additional fees being
due under subsection (d), the applicant shall submit the
additional fee to the Agency with the proposed modifications.
(f) No fee shall be due under this Section from (1) any
department, agency or unit of State government for installing
or extending a water main; (2) any unit of local government
with which the Agency has entered into a written delegation
agreement under Section 4 of this Act which allows such unit
to issue construction permits under this Title, or
regulations adopted hereunder, for installing or extending a
water main; or (3) any unit of local government or school
district for installing or extending a water main where both
of the following conditions are met: (i) the cost of the
installation or extension is paid wholly from monies of the
unit of local government or school district, State grants or
loans, federal grants or loans, or any combination thereof;
and (ii) the unit of local government or school district is
not given monies, reimbursed or paid, either in whole or in
part, by another person (except for State grants or loans or
federal grants or loans) for the installation or extension.
(g) The Agency may establish procedures relating to the
collection of fees under this Section. The Agency shall not
refund any fee paid to it under this Section.
(h) For the purposes of this Section, the term "water
main" means any pipe that is to be used for the purpose of
distributing potable water which serves or is accessible to
more than one property, dwelling or rental unit, and that is
exterior to buildings.
(i) Notwithstanding any other provision of this Act, the
Agency shall, not later than 45 days following the receipt of
both an application for a construction permit and the fee
required by this Section, either approve that application and
issue a permit or tender to the applicant a written statement
setting forth with specificity the reasons for the
disapproval of the application and denial of a permit. If
there is no final action by the Agency within 45 days after
the filing of the application for a permit, the applicant may
deem the permit issued.
(Source: P.A. 86-670; 87-843.)
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
Sec. 22.8. Environmental Protection Permit and
Inspection Fund.
(a) There is hereby created in the State Treasury a
special fund to be known as the Environmental Protection
Permit and Inspection Fund. All fees collected by the Agency
pursuant to this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), 56.4, 56.5, 56.6, and subsection (f) of
Section 5 of this Act or pursuant to Section 22 of the Public
Water Supply Operations Act and funds collected under
subsection (b.5) of Section 42 of this Act shall be deposited
into the Fund. In addition to any monies appropriated from
the General Revenue Fund, monies in the Fund shall be
appropriated by the General Assembly to the Agency in amounts
deemed necessary for manifest, permit, and inspection
activities and for processing requests under Section 22.2
(j)(6)(E)(v)(IV).
The General Assembly may appropriate monies in the Fund
deemed necessary for Board regulatory and adjudicatory
proceedings.
(b) On and after January 1, 1989, The Agency shall
collect from the owner or operator of any of the following
types of hazardous waste disposal sites or management
facilities which require a RCRA permit under subsection (f)
of Section 21 of this Act, or a UIC permit under subsection
(g) of Section 12 of this Act, an annual fee in the amount
of:
(1) $35,000 ($70,000 beginning in 2004) for a
hazardous waste disposal site receiving hazardous waste
if the hazardous waste disposal site is located off the
site where such waste was produced;
(2) $9,000 ($18,000 beginning in 2004) for a
hazardous waste disposal site receiving hazardous waste
if the hazardous waste disposal site is located on the
site where such waste was produced;
(3) $7,000 ($14,000 beginning in 2004) for a
hazardous waste disposal site receiving hazardous waste
if the hazardous waste disposal site is an underground
injection well;
(4) $2,000 ($4,000 beginning in 2004) for a
hazardous waste management facility treating hazardous
waste by incineration;
(5) $1,000 ($2,000 beginning in 2004) for a
hazardous waste management facility treating hazardous
waste by a method, technique or process other than
incineration;
(6) $1,000 ($2,000 beginning in 2004) for a
hazardous waste management facility storing hazardous
waste in a surface impoundment or pile; or
(7) $250 ($500 beginning in 2004) for a hazardous
waste management facility storing hazardous waste other
than in a surface impoundment or pile; and.
(8) Beginning in 2004, $500 for a large quantity
hazardous waste generator required to submit an annual or
biennial report for hazardous waste generation.
(c) Where two or more operational units are located
within a single hazardous waste disposal site, the Agency
shall collect from the owner or operator of such site an
annual fee equal to the highest fee imposed by subsection (b)
of this Section upon any single operational unit within the
site.
(d) The fee imposed upon a hazardous waste disposal site
under this Section shall be the exclusive permit and
inspection fee applicable to hazardous waste disposal at such
site, provided that nothing in this Section shall be
construed to diminish or otherwise affect any fee imposed
upon the owner or operator of a hazardous waste disposal site
by Section 22.2.
(e) The Agency shall establish procedures, no later than
December 1, 1984, relating to the collection of the hazardous
waste disposal site fees authorized by this Section. Such
procedures shall include, but not be limited to the time and
manner of payment of fees to the Agency, which shall be
quarterly, payable at the beginning of each quarter for
hazardous waste disposal site fees. Annual fees required
under paragraph (7) of subsection (b) of this Section shall
accompany the annual report required by Board regulations for
the calendar year for which the report applies.
(f) For purposes of this Section, a hazardous waste
disposal site consists of one or more of the following
operational units:
(1) a landfill receiving hazardous waste for
disposal;
(2) a waste pile or surface impoundment, receiving
hazardous waste, in which residues which exhibit any of
the characteristics of hazardous waste pursuant to Board
regulations are reasonably expected to remain after
closure;
(3) a land treatment facility receiving hazardous
waste; or
(4) a well injecting hazardous waste.
(g) The Agency shall assess a fee for each manifest
provided by the Agency. For manifests provided on or after
January 1, 1989 but before July 1, 2003, the fee shall be $1
per manifest. For manifests provided on or after July 1,
2003, the fee shall be $3 per manifest.
(g) On and after January 1, 1989, the Agency shall
assess a fee of $1.00 for each manifest provided by the
Agency, except that the Agency shall furnish up to 20
manifests requested by any generator at no charge and no
generator shall be required to pay more than $500 per year in
such manifest fees.
(Source: P.A. 89-79, eff. 6-30-95; 90-372, eff. 7-1-98.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management
Fund", to be constituted from the fees collected by the State
pursuant to this Section and from repayments of loans made
from the Fund for solid waste projects. Moneys received by
the Department of Commerce and Community Affairs in repayment
of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the Solid Waste Management
Revolving Loan Fund.
(b) On and after January 1, 1987, The Agency shall
assess and collect a fee in the amount set forth herein from
the owner or operator of each sanitary landfill permitted or
required to be permitted by the Agency to dispose of solid
waste if the sanitary landfill is located off the site where
such waste was produced and if such sanitary landfill is
owned, controlled, and operated by a person other than the
generator of such waste. The Agency shall deposit all fees
collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the
fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 95 cents 45 cents per cubic yard or,
alternatively, the owner or operator may weigh the
quantity of the solid waste permanently disposed of with
a device for which certification has been obtained under
the Weights and Measures Act and pay a fee of $2.00 95
cents per ton of solid waste permanently disposed of. In
no case shall the fee collected or paid by the owner or
operator under this paragraph exceed $1.55 $1.05 per
cubic yard or $3.27 $2.22 per ton.
(2) If more than 100,000 cubic yards but not more
than 150,000 cubic yards of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $52,630 $25,000.
(3) If more than 50,000 cubic yards but not more
than 100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790 $11,300.
(4) If more than 10,000 cubic yards but not more
than 50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260 $3,450.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $1050 $500.
(c) (Blank.)
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such
rules shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Community Affairs for the purposes
set forth in this Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration.
(f) The Agency is authorized to enter into such
agreements and to promulgate such rules as are necessary to
carry out its duties under this Section and the Illinois
Solid Waste Management Act.
(g) On the first day of January, April, July, and
October of each year, beginning on July 1, 1996, the State
Comptroller and Treasurer shall transfer $500,000 from the
Solid Waste Management Fund to the Hazardous Waste Fund.
Moneys transferred under this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance
of inspecting, investigating and enforcement activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
(i) The Agency is authorized to support the operations
of an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including but not limited to an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
yards of non-hazardous solid waste is permanently
disposed of at the site in a calendar year, unless the
owner or operator weighs the quantity of the solid waste
received with a device for which certification has been
obtained under the Weights and Measures Act, in which
case the fee shall not exceed $1.27 per ton of solid
waste permanently disposed of.
(2) $33,350 if more than 100,000 cubic yards, but
not more than 150,000 cubic yards, of non-hazardous waste
is permanently disposed of at the site in a calendar
year.
(3) $15,500 if more than 50,000 cubic yards, but
not more than 100,000 cubic yards, of non-hazardous solid
waste is permanently disposed of at the site in a
calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid
waste is permanently disposed of at the site in a
calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at
the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local
ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that
has been dumped on public property in violation of a State
law or local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement
with the Agency pursuant to subsection (r) of Section 4. The
unit of local government and the Agency shall enter into such
a written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes
under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local
government in a separate fund, and the interest received on
the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years
to be expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the
Agency, in April of each year, a report that details spending
plans for monies collected in accordance with this
subsection. The report will at a minimum include the
following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended
for the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the
permanent disposal of solid waste after December 31, 1986,
under any contract lawfully executed before June 1, 1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste is exempt from the fee imposed by the State under
subsection (b) of this Section pursuant to an exemption
granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1,
1989 the fee under subsection (b) and the fee, tax or
surcharge under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.44)
Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special
fund to be known as the "Subtitle D Management Fund"
constituted from the fees collected by the State under this
Section.
(b) On and after January 1, 1994, The Agency shall
assess and collect a fee in the amount set forth in this
subsection from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where the waste was produced and if the sanitary
landfill is owned, controlled, and operated by a person other
than the generator of the waste. The Agency shall deposit
all fees collected under this subsection into the Subtitle D
Management Fund. If a site is contiguous to one or more
landfills owned or operated by the same person, the volumes
permanently disposed of by each landfill shall be combined
for purposes of determining the fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 10.1 cents 5.5 cents per cubic yard
or, alternatively, the owner or operator may weigh the
quantity of the solid waste permanently disposed of with
a device for which certification has been obtained under
the Weights and Measures Act and pay a fee of 22 cents 12
cents per ton of waste permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,020 $3,825.
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,120 $1,700.
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $975 $530.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $210 $110.
(c) The fee under subsection (b) shall not apply to any
of the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render the wastes reusable, provided that the process
renders at least 50% of the waste reusable.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. These
rules shall include, but not be limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(2) The form and submission of reports to accompany
the payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in
addition to any other fees collected under any other Section.
(f) The Agency shall not refund any fee paid to it under
this Section.
(g) Pursuant to appropriation, all moneys in the
Subtitle D Management Fund shall be used by the Agency to
administer the United States Environmental Protection
Agency's Subtitle D Program provided in Sections 4004 and
4010 of the Resource Conservation and Recovery Act of 1976
(P.L. 94-580) as it relates to a municipal solid waste
landfill program in Illinois and to fund a delegation of
inspecting, investigating, and enforcement functions, within
the municipality only, pursuant to subsection (r) of Section
4 of this Act to a municipality having a population of more
than 1,000,000 inhabitants. The Agency shall execute a
delegation agreement pursuant to subsection (r) of Section 4
of this Act with a municipality having a population of more
than 1,000,000 inhabitants within 90 days of September 13,
1993 and shall on an annual basis distribute from the
Subtitle D Management Fund to that municipality no less than
$150,000.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions.
For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the
Clean Air Act.
"Affected States" for purposes of formal distribution of
a draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the
meaning given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal
requirements which have been adopted by the Board. These may
include requirements and regulations which have future
effective compliance dates. Requirements and regulations
will be exempt if USEPA determines that such requirements
need not be contained in a Title V permit):
(1) Any standard or other requirement provided for
in the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implement the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of
this subsection (1) of this definition, "any standard or
other requirement" shall mean only such standards or
requirements directly enforceable against an individual
source under the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required
pursuant to Section 39.5 of any federally
enforceable State operating permit issued pursuant
to regulations approved or promulgated by USEPA
under Title I of the Clean Air Act, including Part C
or D of the Clean Air Act.
(3) Any standard or other requirement under Section
111 of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section
112 of the Clean Air Act, including any requirement
concerning accident prevention under Section 112(r)(7) of
the Clean Air Act.
(5) Any standard or other requirement of the acid
rain program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to
Section 504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing
solid waste incineration, under Section 129 of the Clean
Air Act.
(8) Any standard or other requirement for consumer
and commercial products, under Section 183(e) of the
Clean Air Act.
(9) Any standard or other requirement for tank
vessels, under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the
program to control air pollution from Outer Continental
Shelf sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained
in a Title V permit.
(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title
I of the Clean Air Act, but only as it would apply to
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended,
modified or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" shall have the meaning given
to it in Section 402(26) of the Clean Air Act and the
regulations promulgated thereunder which states that the term
'designated representative' shall mean a responsible person
or official authorized by the owner or operator of a unit to
represent the owner or operator in all matters pertaining to
the holding, transfer, or disposition of allowances allocated
to a unit, and the submission of and compliance with permits,
permit applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a
stationary source that emits or has the potential to emit any
air pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of
a submitted CAAPP application, or the Agency's failure to act
on an application for a permit, permit renewal, or permit
revision within the time specified in paragraph 5(j),
subsection 13, or subsection 14 of this Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"Major source" means a source for which emissions of one
or more air pollutants meet the criteria for major status
pursuant to paragraph 2(c) of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed
achievable under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its
physical and operational design. Any physical or operational
limitation on the capacity of a source to emit an air
pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount
of material combusted, stored, or processed, shall be treated
as part of its design if the limitation is enforceable by
USEPA. This definition does not alter or affect the use of
this term for any other purposes under the Clean Air Act, or
the term "capacity factor" as used in Title IV of the Clean
Air Act or the regulations promulgated thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or
beginning actual construction or modification of a source or
emissions unit.
"Proposed CAAPP permit" means the version of a CAAPP
permit that the Agency proposes to issue and forwards to
USEPA for review in compliance with applicable requirements
of the Act and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air
quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a
standard promulgated under or established by Title VI of
the Clean Air Act.
(5) Any pollutant subject to a standard promulgated
under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).
(i) Any pollutant subject to requirements
under Section 112(j) of the Clean Air Act. Any
pollutant listed under Section 112(b) for which the
subject source would be major shall be considered to
be regulated 18 months after the date on which USEPA
was required to promulgate an applicable standard
pursuant to Section 112(e) of the Clean Air Act, if
USEPA fails to promulgate such standard.
(ii) Any pollutant for which the requirements
of Section 112(g)(2) of the Clean Air Act have been
met, but only with respect to the individual source
subject to Section 112(g)(2) requirement.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:
(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter
1980 dollars), or (ii) the delegation of authority to
such representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a
general partner or the proprietor, respectively, or in
the case of a partnership in which all of the partners
are corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter
1980 dollars), or (ii) the delegation of authority to
such representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other
public agency: either a principal executive officer or
ranking elected official. For the purposes of this part,
a principal executive officer of a Federal agency
includes the chief executive officer having
responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a Regional
Administrator of USEPA).
(4) For affected sources for acid deposition:
(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title
IV of the Clean Air Act or the regulations
promulgated thereunder are concerned.
(ii) The designated representative may also be
the "responsible official" for any other purposes
with respect to air pollution control.
"Section 502(b)(10) changes" means changes that
contravene express permit terms. "Section 502(b)(10) changes"
do not include changes that would violate applicable
requirements or contravene federally enforceable permit terms
or conditions that are monitoring (including test methods),
recordkeeping, reporting, or compliance certification
requirements.
"Solid waste incineration unit" means a distinct
operating unit of any facility which combusts any solid waste
material from commercial or industrial establishments or the
general public (including single and multiple residences,
hotels, and motels). The term does not include incinerators
or other units required to have a permit under Section 3005
of the Solid Waste Disposal Act. The term also does not
include (A) materials recovery facilities (including primary
or secondary smelters) which combust waste for the primary
purpose of recovering metals, (B) qualifying small power
production facilities, as defined in Section 3(17)(C) of the
Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
cogeneration facilities, as defined in Section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
homogeneous waste (such as units which burn tires or used
oil, but not including refuse-derived fuel) for the
production of electric energy or in the case of qualifying
cogeneration facilities which burn homogeneous waste for the
production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be
established by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources) that are located on one or more
contiguous or adjacent properties that are under common
control of the same person (or persons under common control)
and that belongs to a single major industrial grouping. For
the purposes of defining "source," a stationary source or
group of stationary sources shall be considered part of a
single major industrial grouping if all of the pollutant
emitting activities at such source or group of sources
located on contiguous or adjacent properties and under common
control belong to the same Major Group (i.e., all have the
same two-digit code) as described in the Standard Industrial
Classification Manual, 1987, or such pollutant emitting
activities at a stationary source (or group of stationary
sources) located on contiguous or adjacent properties and
under common control constitute a support facility. The
determination as to whether any group of stationary sources
are located on contiguous or adjacent properties, and/or are
under common control, and/or whether the pollutant emitting
activities at such group of stationary sources constitute a
support facility shall be made on a case by case basis.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any
regulated air pollutant or any pollutant listed under Section
112(b) of the Clean Air Act.
"Support facility" means any stationary source (or group
of stationary sources) that conveys, stores, or otherwise
assists to a significant extent in the production of a
principal product at another stationary source (or group of
stationary sources). A support facility shall be considered
to be part of the same source as the stationary source (or
group of stationary sources) that it supports regardless of
the 2-digit Standard Industrial Classification code for the
support facility.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person
designated by the Administrator.
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which
determines that the source could be excluded from the
CAAPP may seek such exclusion prior to the date that the
CAAPP application for the source is due but in no case
later than 9 months after the effective date of the CAAPP
through the imposition of federally enforceable
conditions limiting the "potential to emit" of the source
to a level below the major source threshold for that
source as described in paragraph 2(c) of this Section,
within a State operating permit issued pursuant to
Section 39(a) of this Act. After such date, an exclusion
from the CAAPP may be sought under paragraph 3(c) of this
Section.
b. An owner or operator of a source seeking
exclusion from the CAAPP pursuant to paragraph (a) of
this subsection must submit a permit application
consistent with the existing State permit program which
specifically requests such exclusion through the
imposition of such federally enforceable conditions.
c. Upon such request, if the Agency determines that
the owner or operator of a source has met the
requirements for exclusion pursuant to paragraph (a) of
this subsection and other applicable requirements for
permit issuance under Section 39(a) of this Act, the
Agency shall issue a State operating permit for such
source under Section 39(a) of this Act, as amended, and
regulations promulgated thereunder with federally
enforceable conditions limiting the "potential to emit"
of the source to a level below the major source threshold
for that source as described in paragraph 2(c) of this
Section.
d. The Agency shall provide an owner or operator of
a source which may be excluded from the CAAPP pursuant to
this subsection with reasonable notice that the owner or
operator may seek such exclusion.
e. The Agency shall provide such sources with the
necessary permit application forms.
2. Applicability.
a. Sources subject to this Section shall include:
i. Any major source as defined in paragraph
(c) of this subsection.
ii. Any source subject to a standard or other
requirements promulgated under Section 111 (New
Source Performance Standards) or Section 112
(Hazardous Air Pollutants) of the Clean Air Act,
except that a source is not required to obtain a
permit solely because it is subject to regulations
or requirements under Section 112(r) of the Clean
Air Act.
iii. Any affected source for acid deposition,
as defined in subsection 1 of this Section.
iv. Any other source subject to this Section
under the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall
include:
i. All sources listed in paragraph (a) of this
subsection which are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act,
until the source is required to obtain a CAAPP
permit pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or
other requirements subsequently promulgated by USEPA
under Section 111 or 112 of the Clean Air Act which
are determined by USEPA to be exempt at the time a
new standard is promulgated.
iii. All sources and source categories that
would be required to obtain a permit solely because
they are subject to Part 60, Subpart AAA - Standards
of Performance for New Residential Wood Heaters (40
CFR Part 60).
iv. All sources and source categories that
would be required to obtain a permit solely because
they are subject to Part 61, Subpart M - National
Emission Standard for Hazardous Air Pollutants for
Asbestos, Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by
USEPA regulations pursuant to Section 502(a) of the
Clean Air Act.
c. For purposes of this Section the term "major
source" means any source that is:
i. A major source under Section 112 of the
Clean Air Act, which is defined as:
A. For pollutants other than
radionuclides, any stationary source or group
of stationary sources located within a
contiguous area and under common control that
emits or has the potential to emit, in the
aggregate, 10 tons per year (tpy) or more of
any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean
Air Act, 25 tpy or more of any combination of
such hazardous air pollutants, or such lesser
quantity as USEPA may establish by rule.
Notwithstanding the preceding sentence,
emissions from any oil or gas exploration or
production well (with its associated equipment)
and emissions from any pipeline compressor or
pump station shall not be aggregated with
emissions from other similar units, whether or
not such units are in a contiguous area or
under common control, to determine whether such
stations are major sources.
B. For radionuclides, "major source"
shall have the meaning specified by the USEPA
by rule.
ii. A major stationary source of air
pollutants, as defined in Section 302 of the Clean
Air Act, that directly emits or has the potential to
emit, 100 tpy or more of any air pollutant
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).
For purposes of this subsection, "fugitive
emissions" means those emissions which could not
reasonably pass through a stack, chimney, vent, or
other functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j)
of the Clean Air Act, unless the source belongs to
one of the following categories of stationary
source:
A. Coal cleaning plants (with thermal
dryers).
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of
charging more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).
P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input.
V. Petroleum storage and transfer units
with a total storage capacity exceeding 300,000
barrels.
W. Taconite ore processing plants.
X. Glass fiber processing plants.
Y. Charcoal production plants.
Z. Fossil fuel-fired steam electric
plants of more than 250 million British thermal
units per hour heat input.
AA. All other stationary source
categories regulated by a standard promulgated
under Section 111 or 112 of the Clean Air Act,
but only with respect to those air pollutants
that have been regulated for that category.
BB. Any other stationary source category
designated by USEPA by rule.
iii. A major stationary source as defined in
part D of Title I of the Clean Air Act including:
A. For ozone nonattainment areas, sources
with the potential to emit 100 tons or more per
year of volatile organic compounds or oxides of
nitrogen in areas classified as "marginal" or
"moderate", 50 tons or more per year in areas
classified as "serious", 25 tons or more per
year in areas classified as "severe", and 10
tons or more per year in areas classified as
"extreme"; except that the references in this
clause to 100, 50, 25, and 10 tons per year of
nitrogen oxides shall not apply with respect to
any source for which USEPA has made a finding,
under Section 182(f)(1) or (2) of the Clean Air
Act, that requirements otherwise applicable to
such source under Section 182(f) of the Clean
Air Act do not apply. Such sources shall
remain subject to the major source criteria of
paragraph 2(c)(ii) of this subsection.
B. For ozone transport regions
established pursuant to Section 184 of the
Clean Air Act, sources with the potential to
emit 50 tons or more per year of volatile
organic compounds (VOCs).
C. For carbon monoxide nonattainment
areas (1) that are classified as "serious", and
(2) in which stationary sources contribute
significantly to carbon monoxide levels as
determined under rules issued by USEPA, sources
with the potential to emit 50 tons or more per
year of carbon monoxide.
D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or
more per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
a. The Agency shall issue CAAPP permits under this
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed
terms of 5 years, except CAAPP permits issued for solid
waste incineration units combusting municipal waste which
shall be issued for fixed terms of 12 years and except
CAAPP permits for affected sources for acid deposition
which shall be issued for initial terms to expire on
December 31, 1999, and for fixed terms of 5 years
thereafter.
c. The Agency shall have the authority to issue a
State operating permit for a source under Section 39(a)
of this Act, as amended, and regulations promulgated
thereunder, which includes federally enforceable
conditions limiting the "potential to emit" of the source
to a level below the major source threshold for that
source as described in paragraph 2(c) of this Section,
thereby excluding the source from the CAAPP, when
requested by the applicant pursuant to paragraph 5(u) of
this Section. The public notice requirements of this
Section applicable to CAAPP permits shall also apply to
the initial issuance of permits under this paragraph.
d. For purposes of this Act, a permit issued by
USEPA under Section 505 of the Clean Air Act, as now and
hereafter amended, shall be deemed to be a permit issued
by the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not
be required to renew an existing State operating permit
for any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon
the owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator
of a CAAPP source seeking to make a modification to a
source prior to the issuance of its CAAPP permit shall be
required to obtain a construction and/or operating permit
as required for such modification in accordance with the
State permit program under Section 39(a) of this Act, as
amended, and regulations promulgated thereunder. The
application for such construction and/or operating permit
shall be considered an amendment to the CAAPP application
submitted for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating
permit until the source's CAAPP permit has been issued.
c. An owner or operator of a CAAPP source shall
submit its initial CAAPP application to the Agency no
later than 12 months after the effective date of the
CAAPP. The Agency may request submittal of initial CAAPP
applications during this 12 month period according to a
schedule set forth within Agency procedures, however, in
no event shall the Agency require such submittal earlier
than 3 months after such effective date of the CAAPP. An
owner or operator may voluntarily submit its initial
CAAPP application prior to the date required within this
paragraph or applicable procedures, if any, subsequent to
the date the Agency submits the CAAPP to USEPA for
approval.
d. The Agency shall act on initial CAAPP
applications in accordance with subsection 5(j) of this
Section.
e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date
of the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least three months advance notice
of the date on which their applications are required to
be submitted. In determining which sources shall be
subject to early submittal, the Agency shall include
among its considerations the complexity of the permit
application, and the burden that such early submittal
will have on the source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall
submit its complete CAAPP application consistent with the
Act and applicable regulations.
b. An owner or operator of a CAAPP source shall
submit a single complete CAAPP application covering all
emission units at that source.
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all
applicable requirements, pursuant to the Clean Air Act,
and regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which
any CAAPP application is required.
d. An owner or operator of a CAAPP source shall
submit, as part of its complete CAAPP application, a
compliance plan, including a schedule of compliance,
describing how each emission unit will comply with all
applicable requirements. Any such schedule of compliance
shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on which
it is based.
e. Each submitted CAAPP application shall be
certified for truth, accuracy, and completeness by a
responsible official in accordance with applicable
regulations.
f. The Agency shall provide notice to a CAAPP
applicant as to whether a submitted CAAPP application is
complete. Unless the Agency notifies the applicant of
incompleteness, within 60 days of receipt of the CAAPP
application, the application shall be deemed complete.
The Agency may request additional information as needed
to make the completeness determination. The Agency may
to the extent practicable provide the applicant with a
reasonable opportunity to correct deficiencies prior to a
final determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application,
the Agency may request in writing such information from
the source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source
submits a timely and complete CAAPP application, the
source's failure to have a CAAPP permit shall not be a
violation of this Section until the Agency takes final
action on the submitted CAAPP application, provided,
however, where the applicant fails to submit the
requested information under paragraph 5(g) within the
time frame specified by the Agency, this protection shall
cease to apply.
i. Any applicant who fails to submit any relevant
facts necessary to evaluate the subject source and its
CAAPP application or who has submitted incorrect
information in a CAAPP application shall, upon becoming
aware of such failure or incorrect submittal, submit
supplementary facts or correct information to the Agency.
In addition, an applicant shall provide to the Agency
additional information as necessary to address any
requirements which become applicable to the source
subsequent to the date the applicant submitted its
complete CAAPP application but prior to release of the
draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the
complete CAAPP application, with the following
exceptions: (i) permits for affected sources for acid
deposition shall be issued or denied within 6 months
after receipt of a complete application in accordance
with subsection 17 of this Section; (ii) the Agency shall
act on initial CAAPP applications within 24 months after
the date of receipt of the complete CAAPP application;
(iii) the Agency shall act on complete applications
containing early reduction demonstrations under Section
112(i)(5) of the Clean Air Act within 9 months of receipt
of the complete CAAPP application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application
shall not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air
Act.
l. Unless a timely and complete renewal application
has been submitted consistent with this subsection, a
CAAPP source operating upon the expiration of its CAAPP
permit shall be deemed to be operating without a CAAPP
permit. Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the
same procedural requirements, including those for public
participation and federal review and objection, that
apply to original permit issuance.
n. For purposes of permit renewal, a timely
application is one that is submitted no less than 9
months prior to the date of permit expiration.
o. The terms and conditions of a CAAPP permit shall
remain in effect until the issuance of a CAAPP renewal
permit provided a timely and complete CAAPP application
has been submitted.
p. The owner or operator of a CAAPP source seeking
a permit shield pursuant to paragraph 7(j) of this
Section shall request such permit shield in the CAAPP
application regarding that source.
q. The Agency shall make available to the public
all documents submitted by the applicant to the Agency,
including each CAAPP application, compliance plan
(including the schedule of compliance), and emissions or
compliance monitoring report, with the exception of
information entitled to confidential treatment pursuant
to Section 7 of this Act.
r. The Agency shall use the standardized forms
required under Title IV of the Clean Air Act and
regulations promulgated thereunder for affected sources
for acid deposition.
s. An owner or operator of a CAAPP source may
include within its CAAPP application a request for
permission to operate during a startup, malfunction, or
breakdown consistent with applicable Board regulations.
t. An owner or operator of a CAAPP source, in order
to utilize the operational flexibility provided under
paragraph 7(l) of this Section, must request such use and
provide the necessary information within its CAAPP
application.
u. An owner or operator of a CAAPP source which
seeks exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
3(c) of this Section, must request such exclusion within
a CAAPP application submitted consistent with this
subsection on or after the date that the CAAPP
application for the source is due. Prior to such date,
but in no case later than 9 months after the effective
date of the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant
to paragraph 1.1(b) of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall
submit within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant
to Board regulations, may be submitted as a list within
the CAAPP application. The Agency shall propose
regulations to the Board defining insignificant
activities or emission levels, consistent with federal
regulations, if any, no later than 18 months after the
effective date of this amendatory Act of 1992, consistent
with Section 112(n)(1) of the Clean Air Act. The Board
shall adopt final regulations defining insignificant
activities or emission levels no later than 9 months
after the date of the Agency's proposal.
x. The owner or operator of a new CAAPP source
shall submit its complete CAAPP application consistent
with this subsection within 12 months after commencing
operation of such source. The owner or operator of an
existing source that has been excluded from the
provisions of this Section under subsection 1.1 or
subsection 3(c) of this Section and that becomes subject
to the CAAPP solely due to a change in operation at the
source shall submit its complete CAAPP application
consistent with this subsection at least 180 days before
commencing operation in accordance with the change in
operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate
any terms or conditions of a permit issued under this
Section, to operate any CAAPP source except in compliance
with a permit issued by the Agency under this Section or
to violate any other applicable requirements. All terms
and conditions of a permit issued under this Section are
enforceable by USEPA and citizens under the Clean Air
Act, except those, if any, that are specifically
designated as not being federally enforceable in the
permit pursuant to paragraph 7(m) of this Section.
b. After the applicable CAAPP permit or renewal
application submittal date, as specified in subsection 5
of this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit
or renewal application for such source has been timely
submitted to the Agency.
c. No owner or operator of a CAAPP source shall
cause or threaten or allow the continued operation of an
emission source during malfunction or breakdown of the
emission source or related air pollution control
equipment if such operation would cause a violation of
the standards or limitations applicable to the source,
unless the CAAPP permit granted to the source provides
for such operation consistent with this Act and
applicable Board regulations.
7. Permit Content.
a. All CAAPP permits shall contain emission
limitations and standards and other enforceable terms and
conditions, including but not limited to operational
requirements, and schedules for achieving compliance at
the earliest reasonable date, which are or will be
required to accomplish the purposes and provisions of
this Act and to assure compliance with all applicable
requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs d, e, and f of this subsection, that the
Agency deems necessary to assure compliance with the
Clean Air Act, the regulations promulgated thereunder,
this Act, and applicable Board regulations. When
monitoring, reporting, record keeping, and compliance
certification requirements are specified within the Clean
Air Act, regulations promulgated thereunder, this Act, or
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air
Act, this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions,
the use of terms, test methods, units, averaging periods,
and other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable
emissions monitoring and analysis procedures or test
methods required under the Clean Air Act,
regulations promulgated thereunder, this Act, and
applicable Board regulations, including any
procedures and methods promulgated by USEPA pursuant
to Section 504(b) or Section 114 (a)(3) of the Clean
Air Act.
ii. Where the applicable requirement does not
require periodic testing or instrumental or
noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring),
require periodic monitoring sufficient to yield
reliable data from the relevant time period that is
representative of the source's compliance with the
permit, as reported pursuant to paragraph (f) of
this subsection. The Agency may determine that
recordkeeping requirements are sufficient to meet
the requirements of this subparagraph.
iii. As necessary, specify requirements
concerning the use, maintenance, and when
appropriate, installation of monitoring equipment or
methods.
e. To meet the requirements of this subsection with
respect to record keeping, the permit shall incorporate
and identify all applicable recordkeeping requirements
and require, where applicable, the following:
i. Records of required monitoring information
that include the following:
A. The date, place and time of sampling
or measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed
the analyses.
D. The analytical techniques or methods
used.
E. The results of such analyses.
F. The operating conditions as existing
at the time of sampling or measurement.
ii. Retention of records of all monitoring
data and support information for a period of at
least 5 years from the date of the monitoring
sample, measurement, report, or application.
Support information includes all calibration and
maintenance records, original strip-chart recordings
for continuous monitoring instrumentation, and
copies of all reports required by the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and
require the following:
i. Submittal of reports of any required
monitoring every 6 months. More frequent submittals
may be requested by the Agency if such submittals
are necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder.
All instances of deviations from permit requirements
must be clearly identified in such reports. All
required reports must be certified by a responsible
official consistent with subsection 5 of this
Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable
cause of such deviations, and any corrective actions
or preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of
this Section shall include a condition prohibiting
emissions exceeding any allowances that the source
lawfully holds under Title IV of the Clean Air Act or the
regulations promulgated thereunder, consistent with
subsection 17 of this Section and applicable regulations,
if any.
h. All CAAPP permits shall state that, where
another applicable requirement of the Clean Air Act is
more stringent than any applicable requirement of
regulations promulgated under Title IV of the Clean Air
Act, both provisions shall be incorporated into the
permit and shall be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of
this Section shall include a severability clause to
ensure the continued validity of the various permit
requirements in the event of a challenge to any portions
of the permit.
j. The following shall apply with respect to owners
or operators requesting a permit shield:
i. The Agency shall include in a CAAPP permit,
when requested by an applicant pursuant to paragraph
5(p) of this Section, a provision stating that
compliance with the conditions of the permit shall
be deemed compliance with applicable requirements
which are applicable as of the date of release of
the proposed permit, provided that:
A. The applicable requirement is
specifically identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing
that other requirements specifically identified
are not applicable to the source, and the
permit includes that determination or a concise
summary thereof.
ii. The permit shall identify the requirements
for which the source is shielded. The shield shall
not extend to applicable requirements which are
promulgated after the date of release of the
proposed permit unless the permit has been modified
to reflect such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP
permit shall alter or affect the following:
A. The provisions of Section 303
(emergency powers) of the Clean Air Act,
including USEPA's authority under that section.
B. The liability of an owner or operator
of a source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the
acid rain program consistent with Section
408(a) of the Clean Air Act.
D. The ability of USEPA to obtain
information from a source pursuant to Section
114 (inspections, monitoring, and entry) of the
Clean Air Act.
k. Each CAAPP permit shall include an emergency
provision providing an affirmative defense of emergency
to an action brought for noncompliance with
technology-based emission limitations under a CAAPP
permit if the following conditions are met through
properly signed, contemporaneous operating logs, or other
relevant evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time
being properly operated.
iii. The permittee submitted notice of the
emergency to the Agency within 2 working days of the
time when emission limitations were exceeded due to
the emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize
levels of emissions that exceeded the emission
limitations, standards, or requirements in the
permit.
For purposes of this subsection, "emergency" means
any situation arising from sudden and reasonably
unforeseeable events beyond the control of the source,
such as an act of God, that requires immediate corrective
action to restore normal operation, and that causes the
source to exceed a technology-based emission limitation
under the permit, due to unavoidable increases in
emissions attributable to the emergency. An emergency
shall not include noncompliance to the extent caused by
improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operation
error.
In any enforcement proceeding, the permittee
seeking to establish the occurrence of an emergency has
the burden of proof. This provision is in addition to
any emergency or upset provision contained in any
applicable requirement. This provision does not relieve
a permittee of any reporting obligations under existing
federal or state laws or regulations.
l. The Agency shall include in each permit issued
under subsection 10 of this Section:
i. Terms and conditions for reasonably
anticipated operating scenarios identified by the
source in its application. The permit terms and
conditions for each such operating scenario shall
meet all applicable requirements and the
requirements of this Section.
A. Under this subparagraph, the source
must record in a log at the permitted facility
a record of the scenario under which it is
operating contemporaneously with making a
change from one operating scenario to another.
B. The permit shield described in
paragraph 7(j) of this Section shall extend to
all terms and conditions under each such
operating scenario.
ii. Where requested by an applicant, all terms
and conditions allowing for trading of emissions
increases and decreases between different emission
units at the CAAPP source, to the extent that the
applicable requirements provide for trading of such
emissions increases and decreases without a
case-by-case approval of each emissions trade. Such
terms and conditions:
A. Shall include all terms required under
this subsection to determine compliance;
B. Must meet all applicable requirements;
C. Shall extend the permit shield
described in paragraph 7(j) of this Section to
all terms and conditions that allow such
increases and decreases in emissions.
m. The Agency shall specifically designate as not
being federally enforceable under the Clean Air Act any
terms and conditions included in the permit that are not
specifically required under the Clean Air Act or federal
regulations promulgated thereunder. Terms or conditions
so designated shall be subject to all applicable state
requirements, except the requirements of subsection 7
(other than this paragraph, paragraph q of subsection 7,
subsections 8 through 11, and subsections 13 through 16
of this Section. The Agency shall, however, include such
terms and conditions in the CAAPP permit issued to the
source.
n. Each CAAPP permit issued under subsection 10 of
this Section shall specify and reference the origin of
and authority for each term or condition, and identify
any difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of
this Section shall include provisions stating the
following:
i. Duty to comply. The permittee must comply
with all terms and conditions of the CAAPP permit.
Any permit noncompliance constitutes a violation of
the Clean Air Act and the Act, and is grounds for
any or all of the following: enforcement action;
permit termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee
in an enforcement action that it would have been
necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions
of this permit.
iii. Permit actions. The permit may be
modified, revoked, reopened, and reissued, or
terminated for cause in accordance with the
applicable subsections of Section 39.5 of this Act.
The filing of a request by the permittee for a
permit modification, revocation and reissuance, or
termination, or of a notification of planned changes
or anticipated noncompliance does not stay any
permit condition.
iv. Property rights. The permit does not
convey any property rights of any sort, or any
exclusive privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the
Agency may request in writing to determine whether
cause exists for modifying, revoking and reissuing,
or terminating the permit or to determine compliance
with the permit. Upon request, the permittee shall
also furnish to the Agency copies of records
required to be kept by the permit or, for
information claimed to be confidential, the
permittee may furnish such records directly to USEPA
along with a claim of confidentiality.
vi. Duty to pay fees. The permittee must pay
fees to the Agency consistent with the fee schedule
approved pursuant to subsection 18 of this Section,
and submit any information relevant thereto.
vii. Emissions trading. No permit revision
shall be required for increases in emissions allowed
under any approved economic incentives, marketable
permits, emissions trading, and other similar
programs or processes for changes that are provided
for in the permit and that are authorized by the
applicable requirement.
p. Each CAAPP permit issued under subsection 10 of
this Section shall contain the following elements with
respect to compliance:
i. Compliance certification, testing,
monitoring, reporting, and record keeping
requirements sufficient to assure compliance with
the terms and conditions of the permit. Any
document (including reports) required by a CAAPP
permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials
and other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized
representative to perform the following:
A. Enter upon the permittee's premises
where a CAAPP source is located or
emissions-related activity is conducted, or
where records must be kept under the conditions
of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any
facilities, equipment (including monitoring and
air pollution control equipment), practices, or
operations regulated or required under the
permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air
Act, at reasonable times, for the purposes
of assuring compliance with the CAAPP
permit or applicable requirements; or
2. As otherwise authorized by this
Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an
applicable schedule of compliance pursuant to
paragraph 5(d) of this Section and applicable
regulations to be submitted semiannually, or more
frequently if the Agency determines that such more
frequent submittals are necessary for compliance
with the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required
by the schedule of compliance and dates when
such activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be
met, and any preventive or corrective measures
adopted.
v. Requirements for compliance certification
with terms and conditions contained in the permit,
including emission limitations, standards, or work
practices. Permits shall include each of the
following:
A. The frequency (annually or more
frequently as specified in any applicable
requirement or by the Agency pursuant to
written procedures) of submissions of
compliance certifications.
B. A means for assessing or monitoring
the compliance of the source with its emissions
limitations, standards, and work practices.
C. A requirement that the compliance
certification include the following:
1. The identification of each term
or condition contained in the permit that
is the basis of the certification.
2. The compliance status.
3. Whether compliance was continuous
or intermittent.
4. The method(s) used for
determining the compliance status of the
source, both currently and over the
reporting period consistent with
subsection 7 of Section 39.5 of the Act.
D. A requirement that all compliance
certifications be submitted to USEPA as well as
to the Agency.
E. Additional requirements as may be
specified pursuant to Sections 114(a)(3) and
504(b) of the Clean Air Act.
F. Other provisions as the Agency may
require.
q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede the emission limit set
forth in the applicable Board regulations, and shall
include conditions that insure that the resulting
emission limit is quantifiable, accountable, enforceable,
and based on replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a
hearing, on each draft CAAPP permit for issuance, renewal
or significant modification, subject to Sections 7(a) and
7.1 of this Act.
b. The Agency shall prepare a draft CAAPP permit
and a statement that sets forth the legal and factual
basis for the draft CAAPP permit conditions, including
references to the applicable statutory or regulatory
provisions. The Agency shall provide this statement to
any person who requests it.
c. The Agency shall give notice of each draft CAAPP
permit to the applicant and to any affected State on or
before the time that the Agency has provided notice to
the public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a
proposed permit to USEPA (or as soon as possible after
the submittal for minor permit modification procedures
allowed under subsection 14 of this Section), shall
notify USEPA and any affected State in writing of any
refusal of the Agency to accept all of the
recommendations for the proposed permit that an affected
State submitted during the public or affected State
review period. The notice shall include the Agency's
reasons for not accepting the recommendations. The
Agency is not required to accept recommendations that are
not based on applicable requirements or the requirements
of this Section.
e. The Agency shall make available to the public
any CAAPP permit application, compliance plan (including
the schedule of compliance), CAAPP permit, and emissions
or compliance monitoring report. If an owner or operator
of a CAAPP source is required to submit information
entitled to protection from disclosure under Section 7(a)
or Section 7.1 of this Act, the owner or operator shall
submit such information separately. The requirements of
Section 7(a) or Section 7.1 of this Act shall apply to
such information, which shall not be included in a CAAPP
permit unless required by law. The contents of a CAAPP
permit shall not be entitled to protection under Section
7(a) or Section 7.1 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review
a copy of each CAAPP application (including any
application for permit modification), statement of basis
as provided in paragraph 8(b) of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this
decision and its reasons for not accepting the
recommendations, except as otherwise provided in this Act
or by agreement with USEPA. To the extent practicable,
the preceding information shall be provided in computer
readable format compatible with USEPA's national database
management system.
b. The Agency shall not issue the proposed CAAPP
permit if USEPA objects in writing within 45 days of
receipt of the proposed CAAPP permit and all necessary
supporting information.
c. If USEPA objects in writing to the issuance of
the proposed CAAPP permit within the 45-day period, the
Agency shall respond in writing and may revise and
resubmit the proposed CAAPP permit in response to the
stated objection, to the extent supported by the record,
within 90 days after the date of the objection. Prior to
submitting a revised permit to USEPA, the Agency shall
provide the applicant and any person who participated in
the public comment process, pursuant to subsection 8 of
this Section, with a 10-day period to comment on any
revision which the Agency is proposing to make to the
permit in response to USEPA's objection in accordance
with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement
of reasons for the objection and a description of the
terms and conditions that must be in the permit, in order
to adequately respond to the objections. Grounds for a
USEPA objection include the failure of the Agency to:
(1) submit the items and notices required under this
subsection; (2) submit any other information necessary to
adequately review the proposed CAAPP permit; or (3)
process the permit under subsection 8 of this Section
except for minor permit modifications.
e. If USEPA does not object in writing to issuance
of a permit under this subsection, any person may
petition USEPA within 60 days after expiration of the
45-day review period to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the
Agency shall not issue the permit until USEPA's objection
has been resolved. The Agency shall provide a 10-day
comment period in accordance with paragraph c of this
subsection. A petition does not, however, stay the
effectiveness of a permit or its requirements if the
permit was issued after expiration of the 45-day review
period and prior to a USEPA objection.
g. If the Agency has issued a permit after
expiration of the 45-day review period and prior to
receipt of a USEPA objection under this subsection in
response to a petition submitted pursuant to paragraph e
of this subsection, the Agency may, upon receipt of an
objection from USEPA, revise and resubmit the permit to
USEPA pursuant to this subsection after providing a
10-day comment period in accordance with paragraph c of
this subsection. If the Agency fails to submit a revised
permit in response to the objection, USEPA shall modify,
terminate or revoke the permit. In any case, the source
will not be in violation of the requirement to have
submitted a timely and complete application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.
a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its
complete application an approvable compliance plan,
including a schedule for achieving compliance,
consistent with subsection 5 of this Section and
applicable regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section
and applicable regulations.
iv. The Agency has received a complete CAAPP
application and, if necessary, has requested and
received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected
State review consistent with subsection 8 of this
Section and applicable regulations.
vi. The Agency has provided a copy of each
CAAPP application, or summary thereof, pursuant to
agreement with USEPA and proposed CAAPP permit
required under subsection 9 of this Section to
USEPA, and USEPA has not objected to the issuance of
the permit in accordance with the Clean Air Act and
40 CFR Part 70.
b. The Agency shall have the authority to deny a
CAAPP permit, permit modification, or permit renewal if
the applicant has not complied with the requirements of
paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the
possible denial and the reasons for the denial.
ii. Within such notice, the Agency shall
specify an appropriate date by which the applicant
shall adequately respond to the Agency's notice.
Such date shall not exceed 15 days from the date the
notification is received by the applicant. The
Agency may grant a reasonable extension for good
cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or
by any granted extension date shall be grounds for
denial of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall
provide to USEPA and each applicant, and, upon
request, to affected States, any person who
participated in the public comment process, and any
other person who could obtain judicial review under
Sections 40.2 and 41 of this Act, a copy of each
CAAPP permit or notification of denial pertaining to
that party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general
permit, criteria by which sources may qualify for the
general permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit
consistent with subsection 5 of this Section and
applicable regulations.
d. The Agency shall comply with the public comment
and hearing provisions of this Section as well as the
USEPA and affected State review procedures prior to
issuance of a general permit.
e. When granting a subsequent request by a
qualifying CAAPP source for coverage under the terms of a
general permit, the Agency shall not be required to
repeat the public notice and comment procedures. The
granting of such request shall not be considered a final
permit action for purposes of judicial review.
f. The Agency may not issue a general permit to
cover any discrete emission unit at a CAAPP source if
another CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.
a. An owner or operator of a CAAPP source may make
changes at the CAAPP source without requiring a prior
permit revision, consistent with subparagraphs (a) (i)
through (a) (iii) of this subsection, so long as the
changes are not modifications under any provision of
Title I of the Clean Air Act and they do not exceed the
emissions allowable under the permit (whether expressed
therein as a rate of emissions or in terms of total
emissions), provided that the owner or operator of the
CAAPP source provides USEPA and the Agency with written
notification as required below in advance of the proposed
changes, which shall be a minimum of 7 days, unless
otherwise provided by the Agency in applicable
regulations regarding emergencies. The owner or operator
of a CAAPP source and the Agency shall each attach such
notice to their copy of the relevant permit.
i. An owner or operator of a CAAPP source may
make Section 502 (b) (10) changes without a permit
revision, if the changes are not modifications under
any provision of Title I of the Clean Air Act and
the changes do not exceed the emissions allowable
under the permit (whether expressed therein as a
rate of emissions or in terms of total emissions).
A. For each such change, the written
notification required above shall include a
brief description of the change within the
source, the date on which the change will
occur, any change in emissions, and any permit
term or condition that is no longer applicable
as a result of the change.
B. The permit shield described in
paragraph 7(j) of this Section shall not apply
to any change made pursuant to this
subparagraph.
ii. An owner or operator of a CAAPP source may
trade increases and decreases in emissions in the
CAAPP source, where the applicable implementation
plan provides for such emission trades without
requiring a permit revision. This provision is
available in those cases where the permit does not
already provide for such emissions trading.
A. Under this subparagraph (a)(ii), the
written notification required above shall
include such information as may be required by
the provision in the applicable implementation
plan authorizing the emissions trade, including
at a minimum, when the proposed changes will
occur, a description of each such change, any
change in emissions, the permit requirements
with which the source will comply using the
emissions trading provisions of the applicable
implementation plan, and the pollutants emitted
subject to the emissions trade. The notice
shall also refer to the provisions in the
applicable implementation plan with which the
source will comply and provide for the
emissions trade.
B. The permit shield described in
paragraph 7(j) of this Section shall not apply
to any change made pursuant to this
subparagraph (a) (ii). Compliance with the
permit requirements that the source will meet
using the emissions trade shall be determined
according to the requirements of the applicable
implementation plan authorizing the emissions
trade.
iii. If requested within a CAAPP application,
the Agency shall issue a CAAPP permit which contains
terms and conditions, including all terms required
under subsection 7 of this Section to determine
compliance, allowing for the trading of emissions
increases and decreases at the CAAPP source solely
for the purpose of complying with a
federally-enforceable emissions cap that is
established in the permit independent of otherwise
applicable requirements. The owner or operator of a
CAAPP source shall include in its CAAPP application
proposed replicable procedures and permit terms that
ensure the emissions trades are quantifiable and
enforceable. The permit shall also require
compliance with all applicable requirements.
A. Under this subparagraph (a)(iii), the
written notification required above shall state
when the change will occur and shall describe
the changes in emissions that will result and
how these increases and decreases in emissions
will comply with the terms and conditions of
the permit.
B. The permit shield described in
paragraph 7(j) of this Section shall extend to
terms and conditions that allow such increases
and decreases in emissions.
b. An owner or operator of a CAAPP source may make
changes that are not addressed or prohibited by the
permit, other than those which are subject to any
requirements under Title IV of the Clean Air Act or are
modifications under any provisions of Title I of the
Clean Air Act, without a permit revision, in accordance
with the following requirements:
(i) Each such change shall meet all applicable
requirements and shall not violate any existing
permit term or condition;
(ii) Sources must provide contemporaneous
written notice to the Agency and USEPA of each such
change, except for changes that qualify as
insignificant under provisions adopted by the Agency
or the Board. Such written notice shall describe
each such change, including the date, any change in
emissions, pollutants emitted, and any applicable
requirement that would apply as a result of the
change;
(iii) The change shall not qualify for the
shield described in paragraph 7(j) of this Section;
and
(iv) The permittee shall keep a record
describing changes made at the source that result in
emissions of a regulated air pollutant subject to an
applicable Clean Air Act requirement, but not
otherwise regulated under the permit, and the
emissions resulting from those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request
for an administrative permit amendment within 60 days of
receipt of the request. Neither notice nor an
opportunity for public and affected State comment shall
be required for the Agency to incorporate such revisions,
provided it designates the permit revisions as having
been made pursuant to this subsection.
b. The Agency shall submit a copy of the revised
permit to USEPA.
c. For purposes of this Section the term
"administrative permit amendment" shall be defined as a
permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address,
or phone number of any person identified in the
permit, or provides a similar minor administrative
change at the source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or
operational control of a source where the Agency
determines that no other change in the permit is
necessary, provided that a written agreement
containing a specific date for transfer of permit
responsibility, coverage, and liability between the
current and new permittees has been submitted to the
Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. (Blank); or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit
program to be similar to those included in this
subsection.
d. The Agency shall, upon taking final action
granting a request for an administrative permit
amendment, allow coverage by the permit shield in
paragraph 7(j) of this Section for administrative permit
amendments made pursuant to subparagraph (c)(v) of this
subsection which meet the relevant requirements for
significant permit modifications.
e. Permit revisions and modifications, including
administrative amendments and automatic amendments
(pursuant to Sections 408(b) and 403(d) of the Clean Air
Act or regulations promulgated thereunder), for purposes
of the acid rain portion of the permit shall be governed
by the regulations promulgated under Title IV of the
Clean Air Act. Owners or operators of affected sources
for acid deposition shall have the flexibility to amend
their compliance plans as provided in the regulations
promulgated under Title IV of the Clean Air Act.
f. The CAAPP source may implement the changes
addressed in the request for an administrative permit
amendment immediately upon submittal of the request.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
14. Permit Modifications.
a. Minor permit modification procedures.
i. The Agency shall review a permit
modification using the "minor permit" modification
procedures only for those permit modifications that:
A. Do not violate any applicable
requirement;
B. Do not involve significant changes to
existing monitoring, reporting, or
recordkeeping requirements in the permit;
C. Do not require a case-by-case
determination of an emission limitation or
other standard, or a source-specific
determination of ambient impacts, or a
visibility or increment analysis;
D. Do not seek to establish or change a
permit term or condition for which there is no
corresponding underlying requirement and which
avoids an applicable requirement to which the
source would otherwise be subject. Such terms
and conditions include:
1. A federally enforceable emissions
cap assumed to avoid classification as a
modification under any provision of Title
I of the Clean Air Act; and
2. An alternative emissions limit
approved pursuant to regulations
promulgated under Section 112(i)(5) of the
Clean Air Act;
E. Are not modifications under any
provision of Title I of the Clean Air Act; and
F. Are not required to be processed as a
significant modification.
ii. Notwithstanding subparagraphs (a)(i) and
(b)(ii) of this subsection, minor permit
modification procedures may be used for permit
modifications involving the use of economic
incentives, marketable permits, emissions trading,
and other similar approaches, to the extent that
such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and
shall include the following in its application:
A. A description of the change, the
emissions resulting from the change, and any
new applicable requirements that will apply if
the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible
official, consistent with paragraph 5(e) of
this Section and applicable regulations, that
the proposed modification meets the criteria
for use of minor permit modification procedures
and a request that such procedures be used; and
D. Completed forms for the Agency to use
to notify USEPA and affected States as required
under subsections 8 and 9 of this Section.
iv. Within 5 working days of receipt of a
complete permit modification application, the Agency
shall notify USEPA and affected States of the
requested permit modification in accordance with
subsections 8 and 9 of this Section. The Agency
promptly shall send any notice required under
paragraph 8(d) of this Section to USEPA.
v. The Agency may not issue a final permit
modification until after the 45-day review period
for USEPA or until USEPA has notified the Agency
that USEPA will not object to the issuance of the
permit modification, whichever comes first, although
the Agency can approve the permit modification prior
to that time. Within 90 days of the Agency's
receipt of an application under the minor permit
modification procedures or 15 days after the end of
USEPA's 45-day review period under subsection 9 of
this Section, whichever is later, the Agency shall:
A. Issue the permit modification as
proposed;
B. Deny the permit modification
application;
C. Determine that the requested
modification does not meet the minor permit
modification criteria and should be reviewed
under the significant modification procedures;
or
D. Revise the draft permit modification
and transmit to USEPA the new proposed permit
modification as required by subsection 9 of
this Section.
vi. Any CAAPP source may make the change
proposed in its minor permit modification
application immediately after it files such
application. After the CAAPP source makes the
change allowed by the preceding sentence, and until
the Agency takes any of the actions specified in
subparagraphs (a)(v)(A) through (a)(v)(C) of this
subsection, the source must comply with both the
applicable requirements governing the change and the
proposed permit terms and conditions. During this
time period, the source need not comply with the
existing permit terms and conditions it seeks to
modify. If the source fails to comply with its
proposed permit terms and conditions during this
time period, the existing permit terms and
conditions which it seeks to modify may be enforced
against it.
vii. The permit shield under subparagraph 7(j)
of this Section may not extend to minor permit
modifications.
viii. If a construction permit is required,
pursuant to Section 39(a) of this Act and
regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor
permit modification. In such cases, the provisions
of this Section, including those within subsections
5, 8, and 9, shall apply and the Agency shall act on
such applications pursuant to subparagraph 14(a)(v).
The source may make the proposed change immediately
after filing its application for the minor permit
modification. Nothing in this subparagraph shall
otherwise affect the requirements and procedures
applicable to construction permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing
in accordance with the provisions of this paragraph
(b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:
A. Which meet the criteria for minor
permit modification procedures under
subparagraph 14(a)(i) of this Section; and
B. That collectively are below 10 percent
of the emissions allowed by the permit for the
emissions unit for which change is requested,
20 percent of the applicable definition of
major source set forth in subsection 2 of this
Section, or 5 tons per year, whichever is
least.
iii. An applicant requesting the use of group
processing procedures shall meet the requirements of
subsection 5 of this Section and shall include the
following in its application:
A. A description of the change, the
emissions resulting from the change, and any
new applicable requirements that will apply if
the change occurs.
B. The source's suggested draft permit.
C. Certification by a responsible
official consistent with paragraph 5(e) of this
Section, that the proposed modification meets
the criteria for use of group processing
procedures and a request that such procedures
be used.
D. A list of the source's other pending
applications awaiting group processing, and a
determination of whether the requested
modification, aggregated with these other
applications, equals or exceeds the threshold
set under subparagraph (b)(ii)(B) of this
subsection.
E. Certification, consistent with
paragraph 5(e), that the source has notified
USEPA of the proposed modification. Such
notification need only contain a brief
description of the requested modification.
F. Completed forms for the Agency to use
to notify USEPA and affected states as required
under subsections 8 and 9 of this Section.
iv. On a quarterly basis or within 5 business
days of receipt of an application demonstrating that
the aggregate of a source's pending applications
equals or exceeds the threshold level set forth
within subparagraph (b)(ii)(B) of this subsection,
whichever is earlier, the Agency shall promptly
notify USEPA and affected States of the requested
permit modifications in accordance with subsections
8 and 9 of this Section. The Agency shall send any
notice required under paragraph 8(d) of this Section
to USEPA.
v. The provisions of subparagraph (a)(v) of
this subsection shall apply to modifications
eligible for group processing, except that the
Agency shall take one of the actions specified in
subparagraphs (a)(v)(A) through (a)(v)(D) of this
subsection within 180 days of receipt of the
application or 15 days after the end of USEPA's
45-day review period under subsection 9 of this
Section, whichever is later.
vi. The provisions of subparagraph (a)(vi) of
this subsection shall apply to modifications for
group processing.
vii. The provisions of paragraph 7(j) of this
Section shall not apply to modifications eligible
for group processing.
c. Significant Permit Modifications.
i. Significant modification procedures shall
be used for applications requesting significant
permit modifications and for those applications that
do not qualify as either minor permit modifications
or as administrative permit amendments.
ii. Every significant change in existing
monitoring permit terms or conditions and every
relaxation of reporting or recordkeeping
requirements shall be considered significant. A
modification shall also be considered significant if
in the judgment of the Agency action on an
application for modification would require decisions
to be made on technically complex issues. Nothing
herein shall be construed to preclude the permittee
from making changes consistent with this Section
that would render existing permit compliance terms
and conditions irrelevant.
iii. Significant permit modifications must
meet all the requirements of this Section, including
those for applications (including completeness
review), public participation, review by affected
States, and review by USEPA applicable to initial
permit issuance and permit renewal. The Agency
shall take final action on significant permit
modifications within 9 months after receipt of a
complete application.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
15. Reopenings for Cause by the Agency.
a. Each issued CAAPP permit shall include
provisions specifying the conditions under which the
permit will be reopened prior to the expiration of the
permit. Such revisions shall be made as expeditiously as
practicable. A CAAPP permit shall be reopened and
revised under any of the following circumstances, in
accordance with procedures adopted by the Agency:
i. Additional requirements under the Clean Air
Act become applicable to a major CAAPP source for
which 3 or more years remain on the original term of
the permit. Such a reopening shall be completed not
later than 18 months after the promulgation of the
applicable requirement. No such revision is
required if the effective date of the requirement is
later than the date on which the permit is due to
expire.
ii. Additional requirements (including excess
emissions requirements) become applicable to an
affected source for acid deposition under the acid
rain program. Excess emissions offset plans shall
be deemed to be incorporated into the permit upon
approval by USEPA.
iii. The Agency or USEPA determines that the
permit contains a material mistake or that
inaccurate statements were made in establishing the
emissions standards, limitations, or other terms or
conditions of the permit.
iv. The Agency or USEPA determines that the
permit must be revised or revoked to assure
compliance with the applicable requirements.
b. In the event that the Agency determines that
there are grounds for revoking a CAAPP permit, for cause,
consistent with paragraph a of this subsection, it shall
file a petition before the Board setting forth the basis
for such revocation. In any such proceeding, the Agency
shall have the burden of establishing that the permit
should be revoked under the standards set forth in this
Act and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition.
The Agency shall take final action to revoke and reissue
a CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit
shall follow the same procedures as apply to initial
permit issuance and shall affect only those parts of the
permit for which cause to reopen exists.
d. Reopenings under paragraph (a) of this
subsection shall not be initiated before a notice of such
intent is provided to the CAAPP source by the Agency at
least 30 days in advance of the date that the permit is
to be reopened, except that the Agency may provide a
shorter time period in the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies
the Agency and the permittee of such finding in writing,
the Agency shall forward to USEPA and the permittee a
proposed determination of termination, modification, or
revocation and reissuance as appropriate, in accordance
with paragraph b of this subsection. The Agency's
proposed determination shall be in accordance with the
record, the Clean Air Act, regulations promulgated
thereunder, this Act and regulations promulgated
thereunder. Such proposed determination shall not affect
the permit or constitute a final permit action for
purposes of this Act or the Administrative Review Law.
The Agency shall forward to USEPA such proposed
determination within 90 days after receipt of the
notification from USEPA. If additional time is necessary
to submit the proposed determination, the Agency shall
request a 90-day extension from USEPA and shall submit
the proposed determination within 180 days of receipt of
notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA
of a proposed determination to terminate or revoke
and reissue the permit, the Agency shall file a
petition before the Board setting forth USEPA's
objection, the permit record, the Agency's proposed
determination, and the justification for its
proposed determination. The Board shall conduct a
hearing pursuant to the rules prescribed by Section
32 of this Act, and the burden of proof shall be on
the Agency.
ii. After due consideration of the written and
oral statements, the testimony and arguments that
shall be submitted at hearing, the Board shall issue
and enter an interim order for the proposed
determination, which shall set forth all changes, if
any, required in the Agency's proposed
determination. The interim order shall comply with
the requirements for final orders as set forth in
Section 33 of this Act. Issuance of an interim order
by the Board under this paragraph, however, shall
not affect the permit status and does not constitute
a final action for purposes of this Act or the
Administrative Review Law.
iii. The Board shall cause a copy of its
interim order to be served upon all parties to the
proceeding as well as upon USEPA. The Agency shall
submit the proposed determination to USEPA in
accordance with the Board's Interim Order within 180
days after receipt of the notification from USEPA.
c. USEPA shall review the proposed determination to
terminate, modify, or revoke and reissue the permit
within 90 days of receipt.
i. When USEPA reviews the proposed
determination to terminate or revoke and reissue and
does not object, the Board shall, within 7 days of
receipt of USEPA's final approval, enter the interim
order as a final order. The final order may be
appealed as provided by Title XI of this Act. The
Agency shall take final action in accordance with
the Board's final order.
ii. When USEPA reviews such proposed
determination to terminate or revoke and reissue and
objects, the Agency shall submit USEPA's objection
and the Agency's comments and recommendation on the
objection to the Board and permittee. The Board
shall review its interim order in response to
USEPA's objection and the Agency's comments and
recommendation and issue a final order in accordance
with Sections 32 and 33 of this Act. The Agency
shall, within 90 days after receipt of such
objection, respond to USEPA's objection in
accordance with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency
shall, within 90 days after receipt of the
objection, resolve the objection and modify the
permit in accordance with USEPA's objection, based
upon the record, the Clean Air Act, regulations
promulgated thereunder, this Act, and regulations
promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection
or fails to resolve any USEPA objection pursuant to
paragraph c of this subsection, USEPA will terminate,
modify, or revoke and reissue the permit.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP
applications for affected sources for acid deposition in
accordance with this Section and Title V of the Clean Air
Act and regulations promulgated thereunder, except as
modified by Title IV of the Clean Air Act and regulations
promulgated thereunder. The Agency shall issue initial
CAAPP permits to the affected sources for acid deposition
which shall become effective no earlier than January 1,
1995, and which shall terminate on December 31, 1999, in
accordance with this Section. Subsequent CAAPP permits
issued to affected sources for acid deposition shall be
issued for a fixed term of 5 years. Title IV of the Clean
Air Act and regulations promulgated thereunder, including
but not limited to 40 C.F.R. Part 72, as now or hereafter
amended, are applicable to and enforceable under this
Act.
b. A designated representative of an affected
source for acid deposition shall submit a timely and
complete Phase II acid rain permit application and
compliance plan to the Agency, not later than January 1,
1996, that meets the requirements of Titles IV and V of
the Clean Air Act and regulations. The Agency shall act
on the Phase II acid rain permit application and
compliance plan in accordance with this Section and Title
V of the Clean Air Act and regulations promulgated
thereunder, except as modified by Title IV of the Clean
Air Act and regulations promulgated thereunder. The
Agency shall issue the Phase II acid rain permit to an
affected source for acid deposition no later than
December 31, 1997, which shall become effective on
January 1, 2000, in accordance with this Section, except
as modified by Title IV and regulations promulgated
thereunder; provided that the designated representative
of the source submitted a timely and complete Phase II
permit application and compliance plan to the Agency that
meets the requirements of Title IV and V of the Clean Air
Act and regulations.
c. Each Phase II acid rain permit issued in
accordance with this subsection shall have a fixed term
of 5 years. Except as provided in paragraph b above, the
Agency shall issue or deny a Phase II acid rain permit
within 18 months of receiving a complete Phase II permit
application and compliance plan.
d. A designated representative of a new unit, as
defined in Section 402 of the Clean Air Act, shall submit
a timely and complete Phase II acid rain permit
application and compliance plan that meets the
requirements of Titles IV and V of the Clean Air Act and
its regulations. The Agency shall act on the new unit's
Phase II acid rain permit application and compliance plan
in accordance with this Section and Title V of the Clean
Air Act and its regulations, except as modified by Title
IV of the Clean Air Act and its regulations. The Agency
shall reopen the new unit's CAAPP permit for cause to
incorporate the approved Phase II acid rain permit in
accordance with this Section. The Phase II acid rain
permit for the new unit shall become effective no later
than the date required under Title IV of the Clean Air
Act and its regulations.
e. A designated representative of an affected
source for acid deposition shall submit a timely and
complete Title IV NOx permit application to the Agency,
not later than January 1, 1998, that meets the
requirements of Titles IV and V of the Clean Air Act and
its regulations. The Agency shall reopen the Phase II
acid rain permit for cause and incorporate the approved
NOx provisions into the Phase II acid rain permit not
later than January 1, 1999, in accordance with this
Section, except as modified by Title IV of the Clean Air
Act and regulations promulgated thereunder. Such
reopening shall not affect the term of the Phase II acid
rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase
II acid rain permit application and shall be enforceable
as an acid rain permit for purposes of Titles IV and V of
the Clean Air Act, from the date of submission of the
acid rain permit application until a Phase II acid rain
permit is issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or
regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by
allowances acquired pursuant to the acid rain
program, provided that such increases do not require
a permit revision under any other applicable
requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to
noncompliance with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in
regulations promulgated under Title IV of the Clean
Air Act.
j. To the extent that the federal regulations
promulgated under Title IV, including but not limited to
40 C.F.R. Part 72, as now or hereafter amended, are
inconsistent with the federal regulations promulgated
under Title V, the federal regulations promulgated under
Title IV shall take precedence.
k. The USEPA may intervene as a matter of right in
any permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.
l. It is unlawful for any owner or operator to
violate any terms or conditions of a Phase II acid rain
permit issued under this subsection, to operate any
affected source for acid deposition except in compliance
with a Phase II acid rain permit issued by the Agency
under this subsection, or to violate any other applicable
requirements.
m. The designated representative of an affected
source for acid deposition shall submit to the Agency the
data and information submitted quarterly to USEPA,
pursuant to 40 CFR 75.64, concurrently with the
submission to USEPA. The submission shall be in the same
electronic format as specified by USEPA.
n. The Agency shall act on any petition for
exemption of a new unit or retired unit, as those terms
are defined in Section 402 of the Clean Air Act, from the
requirements of the acid rain program in accordance with
Title IV of the Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. For each 12 month period after the date on which
the USEPA approves or conditionally approves the CAAPP,
but in no event prior to January 1, 1994, a source
subject to this Section or excluded under subsection 1.1
or paragraph 3(c) of this Section, shall pay a fee as
provided in this part (a) of this subsection 18.
However, a source that has been excluded from the
provisions of this Section under subsection 1.1 or
paragraph 3(c) of this Section because the source emits
less than 25 tons per year of any combination of
regulated air pollutants shall pay fees in accordance
with paragraph (1) of subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less
than 100 tons per year of any combination of
regulated air pollutants shall be $1,800 $1,000 per
year.
ii. The fee for a source allowed to emit 100
tons or more per year of any combination of
regulated air pollutants, except for those regulated
air pollutants excluded in paragraph 18(f) of this
subsection, shall be as follows:
A. The Agency shall assess an annual fee
of $18.00 $13.50 per ton for the allowable
emissions of all regulated air pollutants at
that source during the term of the permit.
These fees shall be used by the Agency and the
Board to fund the activities required by Title
V of the Clean Air Act including such
activities as may be carried out by other State
or local agencies pursuant to paragraph (d) of
this subsection. The amount of such fee shall
be based on the information supplied by the
applicant in its complete CAAPP permit
application or in the CAAPP permit if the
permit has been granted and shall be determined
by the amount of emissions that the source is
allowed to emit annually, provided however,
that no source shall be required to pay an
annual fee in excess of $250,000 $100,000. The
Agency shall provide as part of the permit
application form required under subsection 5 of
this Section a separate fee calculation form
which will allow the applicant to identify the
allowable emissions and calculate the fee for
the term of the permit. In no event shall the
Agency raise the amount of allowable emissions
requested by the applicant unless such
increases are required to demonstrate
compliance with terms of a CAAPP permit.
Notwithstanding the above, any applicant
may seek a change in its permit which would
result in increases in allowable emissions due
to an increase in the hours of operation or
production rates of an emission unit or units
and such a change shall be consistent with the
construction permit requirements of the
existing State permit program, under Section
39(a) of this Act and applicable provisions of
this Section. Where a construction permit is
required, the Agency shall expeditiously grant
such construction permit and shall, if
necessary, modify the CAAPP permit based on the
same application.
B. The applicant or permittee may pay the
fee annually or semiannually for those fees
greater than $5,000. However, any applicant
paying a fee equal to or greater than $100,000
shall pay the full amount on July 1, for the
subsequent fiscal year, or pay 50% of the fee
on July 1 and the remaining 50% by the next
January 1. The Agency may change any annual
billing date upon reasonable notice, but shall
prorate the new bill so that the permittee or
applicant does not pay more than its required
fees for the fee period for which payment is
made.
b. (Blank).
c. (Blank). There shall be created a CAA Fee Panel
of 5 persons. The Panel shall:
i. If it deems necessary on an annual basis,
render advisory opinions to the Agency and the
General Assembly regarding the appropriate level of
Title V Clean Air Act fees for the next fiscal year.
Such advisory opinions shall be based on a study of
the operations of the Agency and any other entity
requesting appropriations from the CAA Permit Fund.
This study shall recommend changes in the fee
structure, if warranted. The study will be based on
the ability of the Agency or other entity to
effectively utilize the funds generated as well as
the entity's conformance with the objectives and
measurable benchmarks identified by the Agency as
justification for the prior year's fee. Such
advisory opinions shall be submitted to the
appropriation committees no later than April 15th of
each year.
ii. Not be compensated for their services, but
shall receive reimbursement for their expenses.
iii. Be appointed as follows: 4 members by
the Director of the Agency from a list of no more
than 8 persons, submitted by representatives of
associations who represent facilities subject to the
provisions of this subsection and the Director of
the Agency or designee.
d. There is hereby created in the State Treasury a
special fund to be known as the "CAA Permit Fund". All
Funds collected by the Agency pursuant to this subsection
shall be deposited into the Fund. The General Assembly
shall appropriate monies from this Fund to the Agency and
to the Board to carry out their obligations under this
Section. The General Assembly may also authorize monies
to be granted by the Agency from this Fund to other State
and local agencies which perform duties related to the
CAAPP. Interest generated on the monies deposited in this
Fund shall be returned to the Fund. The General Assembly
may appropriate up to the sum of $25,000 to the Agency
from the CAA Permit Fund for use by the Panel in carrying
out its responsibilities under this subsection.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
f. For purposes of this subsection, the term
"regulated air pollutant" shall have the meaning given to
it under subsection 1 of this Section but shall exclude
the following:
i. carbon monoxide;
ii. any Class I or II substance which is a
regulated air pollutant solely because it is listed
pursuant to Section 602 of the Clean Air Act; and
iii. any pollutant that is a regulated air
pollutant solely because it is subject to a standard
or regulation under Section 112(r) of the Clean Air
Act based on the emissions allowed in the permit
effective in that calendar year, at the time the
applicable bill is generated.
19. Air Toxics Provisions.
a. In the event that the USEPA fails to promulgate
in a timely manner a standard pursuant to Section 112(d)
of the Clean Air Act, the Agency shall have the authority
to issue permits, pursuant to Section 112(j) of the Clean
Air Act and regulations promulgated thereunder, which
contain emission limitations which are equivalent to the
emission limitations that would apply to a source if an
emission standard had been promulgated in a timely manner
by USEPA pursuant to Section 112(d). Provided, however,
that the owner or operator of a source shall have the
opportunity to submit to the Agency a proposed emission
limitation which it determines to be equivalent to the
emission limitations that would apply to such source if
an emission standard had been promulgated in a timely
manner by USEPA. If the Agency refuses to include the
emission limitation proposed by the owner or operator in
a CAAPP permit, the owner or operator may petition the
Board to establish whether the emission limitation
proposal submitted by the owner or operator provides for
emission limitations which are equivalent to the emission
limitations that would apply to the source if the
emission standard had been promulgated by USEPA in a
timely manner. The Board shall determine whether the
emission limitation proposed by the owner or operator or
an alternative emission limitation proposed by the Agency
provides for the level of control required under Section
112 of the Clean Air Act, or shall otherwise establish an
appropriate emission limitation, pursuant to Section 112
of the Clean Air Act.
b. Any Board proceeding brought under paragraph (a)
or (e) of this subsection shall be conducted according to
the Board's procedures for adjudicatory hearings and the
Board shall render its decision within 120 days of the
filing of the petition. Any such decision shall be
subject to review pursuant to Section 41 of this Act.
Where USEPA promulgates an applicable emission standard
prior to the issuance of the CAAPP permit, the Agency
shall include in the permit the promulgated standard,
provided that the source shall have the compliance period
provided under Section 112(i) of the Clean Air Act. Where
USEPA promulgates an applicable standard subsequent to
the issuance of the CAAPP permit, the Agency shall revise
such permit upon the next renewal to reflect the
promulgated standard, providing a reasonable time for the
applicable source to comply with the standard, but no
longer than 8 years after the date on which the source is
first required to comply with the emissions limitation
established under this subsection.
c. The Agency shall have the authority to implement
and enforce complete or partial emission standards
promulgated by USEPA pursuant to Section 112(d), and
standards promulgated by USEPA pursuant to Sections
112(f), 112(h), 112(m), and 112(n), and may accept
delegation of authority from USEPA to implement and
enforce Section 112(l) and requirements for the
prevention and detection of accidental releases pursuant
to Section 112(r) of the Clean Air Act.
d. The Agency shall have the authority to issue
permits pursuant to Section 112(i)(5) of the Clean Air
Act.
e. The Agency has the authority to implement
Section 112(g) of the Clean Air Act consistent with the
Clean Air Act and federal regulations promulgated
thereunder. If the Agency refuses to include the emission
limitations proposed in an application submitted by an
owner or operator for a case-by-case maximum achievable
control technology (MACT) determination, the owner or
operator may petition the Board to determine whether the
emission limitation proposed by the owner or operator or
an alternative emission limitation proposed by the Agency
provides for a level of control required by Section 112
of the Clean Air Act, or to otherwise establish an
appropriate emission limitation under Section 112 of the
Clean Air Act.
20. Small Business.
a. For purposes of this subsection:
"Program" is the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
created within this State pursuant to Section 507 of the
Clean Air Act and guidance promulgated thereunder, to
provide technical assistance and compliance information
to small business stationary sources;
"Small Business Assistance Program" is a component
of the Program responsible for providing sufficient
communications with small businesses through the
collection and dissemination of information to small
business stationary sources; and
"Small Business Stationary Source" means a
stationary source that:
1. is owned or operated by a person that
employs 100 or fewer individuals;
2. is a small business concern as defined in
the "Small Business Act";
3. is not a major source as that term is
defined in subsection 2 of this Section;
4. does not emit 50 tons or more per year of
any regulated air pollutant; and
5. emits less than 75 tons per year of all
regulated pollutants.
b. The Agency shall adopt and submit to USEPA,
after reasonable notice and opportunity for public
comment, as a revision to the Illinois state
implementation plan, plans for establishing the Program.
c. The Agency shall have the authority to enter
into such contracts and agreements as the Agency deems
necessary to carry out the purposes of this subsection.
d. The Agency may establish such procedures as it
may deem necessary for the purposes of implementing and
executing its responsibilities under this subsection.
e. There shall be appointed a Small Business
Ombudsman (hereinafter in this subsection referred to as
"Ombudsman") to monitor the Small Business Assistance
Program. The Ombudsman shall be a nonpartisan designated
official, with the ability to independently assess
whether the goals of the Program are being met.
f. The State Ombudsman Office shall be located in
an existing Ombudsman office within the State or in any
State Department.
g. There is hereby created a State Compliance
Advisory Panel (hereinafter in this subsection referred
to as "Panel") for determining the overall effectiveness
of the Small Business Assistance Program within this
State.
h. The selection of Panel members shall be by the
following method:
1. The Governor shall select two members who
are not owners or representatives of owners of small
business stationary sources to represent the general
public;
2. The Director of the Agency shall select one
member to represent the Agency; and
3. The State Legislature shall select four
members who are owners or representatives of owners
of small business stationary sources. Both the
majority and minority leadership in both Houses of
the Legislature shall appoint one member of the
panel.
i. Panel members should serve without compensation
but will receive full reimbursement for expenses
including travel and per diem as authorized within this
State.
j. The Panel shall select its own Chair by a
majority vote. The Chair may meet and consult with the
Ombudsman and the head of the Small Business Assistance
Program in planning the activities for the Panel.
21. Temporary Sources.
a. The Agency may issue a single permit authorizing
emissions from similar operations by the same source
owner or operator at multiple temporary locations, except
for sources which are affected sources for acid
deposition under Title IV of the Clean Air Act.
b. The applicant must demonstrate that the
operation is temporary and will involve at least one
change of location during the term of the permit.
c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,
and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.
22. Solid Waste Incineration Units.
a. A CAAPP permit for a solid waste incineration
unit combusting municipal waste subject to standards
promulgated under Section 129(e) of the Clean Air Act
shall be issued for a period of 12 years and shall be
reviewed every 5 years, unless the Agency requires more
frequent review through Agency procedures.
b. During the review in paragraph (a) of this
subsection, the Agency shall fully review the previously
submitted CAAPP permit application and corresponding
reports subsequently submitted to determine whether the
source is in compliance with all applicable requirements.
c. If the Agency determines that the source is not
in compliance with all applicable requirements it shall
revise the CAAPP permit as appropriate.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
(Source: P.A. 92-24, eff. 7-1-01.)
(415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
Sec. 56.4. Medical waste manifests.
(a) Manifests for potentially infectious medical waste
shall consist of an original (the first page of the form) and
3 copies. Upon delivery of potentially infectious medical
waste by a generator to a transporter, the transporter shall
deliver one copy of the completed manifest to the generator.
Upon delivery of potentially infectious medical waste by a
transporter to a treatment or disposal facility, the
transporter shall keep one copy of the completed manifest,
and the transporter shall deliver the original and one copy
of the completed manifest to the treatment or disposal
facility. The treatment or disposal facility shall keep one
copy of the completed manifest and return the original to the
generator within 35 days. The manifest, as provided for in
this Section, shall not terminate while being transferred
between the generator, transporter, transfer station, or
storage facility, unless transfer activities are conducted at
the treatment or disposal facility. The manifest shall
terminate at the treatment or disposal facility.
(b) Potentially infectious medical waste manifests shall
be in a form prescribed and provided by the Agency.
Generators and transporters of potentially infectious medical
waste and facilities accepting potentially infectious medical
waste are not required to submit copies of such manifests to
the Agency. The manifest described in this Section shall be
used for the transportation of potentially infectious medical
waste instead of the manifest described in Section 22.01 of
this Act. Copies of each manifest shall be retained for 3
years by generators, transporters, and facilities, and shall
be available for inspection and copying by the Agency.
(c) The Agency shall assess a fee of $4.00 $2.00 for
each potentially infectious medical waste manifest provided
by the Agency.
(d) All fees collected by the Agency under this Section
shall be deposited into the Environmental Protection Permit
and Inspection Fund. The Agency may establish procedures
relating to the collection of fees under this Section. The
Agency shall not refund any fee paid to it under this
Section.
(Source: P.A. 90-773, eff. 8-14-98.)
(415 ILCS 5/56.5) (from Ch. 111 1/2, par. 1056.5)
Sec. 56.5. Medical waste hauling fees.
(a) The Agency shall annually collect a $2000 $1000 fee
for each potentially infectious medical waste hauling permit
application and, in addition, shall collect a fee of $250 for
each potentially infectious medical waste hauling vehicle
identified in the annual permit application and for each
vehicle that is added to the permit during the annual period.
Each applicant required to pay a fee under this Section shall
submit the fee along with the permit application. The Agency
shall deny any permit application for which a fee is required
under this Section that does not contain the appropriate fee.
(b) All fees collected by the Agency under this Section
shall be deposited into the Environmental Protection Permit
and Inspection Fund. The Agency may establish procedures
relating to the collection of fees under this Section. The
Agency shall not refund any fee paid to it under this
Section.
(c) The Agency shall not collect a fee under this
Section from any hospital that transports only potentially
infectious medical waste generated by its own activities or
by members of its medical staff.
(Source: P.A. 87-752.)
(415 ILCS 5/56.6) (from Ch. 111 1/2, par. 1056.6)
Sec. 56.6. Medical waste transportation fees.
(a) The Agency shall collect from each transporter of
potentially infectious medical waste required to have a
permit under Section 56.1(f) of this Act a fee in the amount
of 3 1.5 cents per pound of potentially infectious medical
waste transported. The Agency shall collect from each
transporter of potentially infectious medical waste not
required to have a permit under Section 56.1(f)(1)(A) of this
Act a fee in the amount of 3 1.5 cents per pound of
potentially infectious medical waste transported to a site or
facility not owned, controlled, or operated by the
transporter. The Agency shall deny any permit required under
Section 56.1(f) of this Act from any applicant who has not
paid to the Agency all fees due under this Section.
A fee in the amount of 3 1.5 cents per pound of
potentially infectious medical waste shall be collected by
the Agency from a potentially infectious medical waste
storage site or treatment facility receiving potentially
infectious medical waste, unless the fee has been previously
paid by a transporter.
(b) The Agency shall establish procedures, not later
than January 1, 1992, relating to the collection of the fees
authorized by this Section. These procedures shall include,
but not be limited to: (i) necessary records identifying the
quantities of potentially infectious medical waste
transported; (ii) the form and submission of reports to
accompany the payment of fees to the Agency; and (iii) the
time and manner of payment of fees to the Agency, which
payments shall be not more often than quarterly.
(c) All fees collected by the Agency under this Section
shall be deposited into the Environmental Protection Permit
and Inspection Fund. The Agency may establish procedures
relating to the collection of fees under this Section. The
Agency shall not refund any fee paid to it under this
Section.
(d) The Agency shall not collect a fee under this
Section from a person transporting potentially infectious
medical waste to a hospital when the person is a member of
the hospital's medical staff.
(Source: P.A. 87-752; 87-1097.)
Section 75-55. The Illinois Pesticide Act is amended by
changing Sections 6 and 22.1 as follows:
(415 ILCS 60/6) (from Ch. 5, par. 806)
Sec. 6. Registration.
1. Every pesticide which is distributed, sold, offered
for sale within this State, delivered for transportation or
transported in interstate commerce or between points within
the State through any point outside the State, shall be
registered with the Director or his designated agent, subject
to provisions of this Act. Such registration shall be
renewed annually with registrations expiring December 31 each
year. Registration is not required if a pesticide is shipped
from one plant or warehouse to another plant or warehouse by
the same person and is used solely at such plant or warehouse
as a constituent part to make a pesticide which is registered
under provisions of this Act and FIFRA.
2. Registration applicant shall file a statement with
the Director which shall include:
A. The name and address of the applicant and the
name and address of the person whose name will appear on
the label if different from the applicant's.
B. The name of the pesticide.
C. A copy of the labeling accompanying the
pesticide under customary conditions of distribution,
sale and use, including ingredient statement, direction
for use, use classification, and precautionary or warning
statements.
3. The Director may require the submission of complete
formula data.
4. The Director may require a full description of tests
made and the results thereof, upon which the claims are
based, for any pesticide not registered pursuant to FIFRA, or
on any pesticide under consideration to be classified for
restricted use.
A. The Director will not consider data he required
of the initial registrant of a pesticide in support of
another applicants' registration unless the subsequent
applicant has obtained written permission to use such
data.
B. In the case of renewal registration, the
Director may accept a statement only with respect to
information which is different from that furnished
previously.
5. The Director may prescribe other requirements to
support a pesticide registration by regulation.
6. For the years preceding the year 2004, any registrant
desiring to register a pesticide product at any time during
one year shall pay the annual registration fee of $100 per
product registered for that applicant. For the years 2004 and
thereafter, the annual product registration fee is $200 per
product $130.
In addition, for the years preceding the year 2004 any
business registering a pesticide product at any time during
one year shall pay the annual business registration fee of
$250. For the years 2004 and thereafter, the annual business
registration fee shall be $400 $300. Each legal entity of
the business shall pay the annual business registration fee.
For the years preceding the year 2004, any applicant
requesting an experimental use permit shall pay the annual
fee of $100 per permit and all special local need pesticide
registration applicants shall pay an annual fee of $100 per
product. For the years 2004 and thereafter, the annual
experimental use permit fee and special local need pesticide
registration fee is $200 per permit $130. Subsequent SLN
registrations for a pesticide already registered shall be
exempted from the registration fee.
A. All registration accepted and approved by the
Director shall expire on the 31st day of December in any
one year unless cancelled. Registration for a special
local need may be granted for a specific period of time
with the approval date and expiration date specified.
B. If a registration for special local need granted
by the Director does not receive approval of the
Administrator of USEPA, the registration shall expire on
the date of the Administrator's disapproval.
7. Registrations approved and accepted by the Director
and in effect on the 31st day of December, for which renewal
application is made, shall continue in full force and effect
until the Director notifies the registrant that the renewal
has been approved and accepted or the registration is denied
under this Act. Renewal registration forms will be provided
to applicants by the Director.
8. If the renewal of a pesticide registration is not
filed within 30 days of the date of expiration, a penalty
late registration assessment of $300 $200 per product shall
apply in lieu of the normal annual product registration fee.
The late registration assessment shall not apply if the
applicant furnishes an affidavit certifying that no
unregulated pesticide was distributed or sold during the
period of registration. The late assessment is not a bar to
prosecution for doing business without proper registry.
9. The Director may prescribe by regulation to allow
pesticide use for a special local need, pursuant to FIFRA.
10. The Director may prescribe by regulation the
provisions for and requirements of registering a pesticide
intended for experimental use.
11. The Director shall not make any lack of essentiality
a criterion for denial of registration of any pesticide.
Where 2 pesticides meet the requirements, one should not be
registered in preference to the other.
12. It shall be the duty of the pesticide registrant to
properly dispose of any pesticide the registration of which
has been suspended, revoked or cancelled or which is
otherwise not properly registered in the State.
(Source: P.A. 90-205, eff. 1-1-98.)
(415 ILCS 60/22.1) (from Ch. 5, par. 822.1)
Sec. 22.1. Pesticide Control Fund. There is hereby
created in the State Treasury a special fund to be known as
the Pesticide Control Fund. All registration, penalty and
license fees collected by the Department pursuant to this Act
shall be deposited into the Fund. The amount annually
collected as fees shall be appropriated by the General
Assembly to the Department for the purposes of conducting a
public educational program on the proper use of pesticides,
for other activities related to the enforcement of this Act,
and for administration of the Insect Pest and Plant Disease
Act. However, the increase in fees in Sections 6, 10, and 13
of this Act resulting from this amendatory Act of 1990 shall
be used by the Department for the purpose of carrying out the
Department's powers and duties as set forth in paragraph 8 of
Section 19 of this Act. The monies collected under Section
13.1 of this Act shall be deposited in the Agrichemical
Incident Response Fund. In addition, for the years 2004 and
thereafter, $125 of each pesticide annual business
registration fee and $50 of each pesticide product annual
registration fee collected by the Department pursuant to
Section 6, paragraph 6 of this Act shall be deposited by the
Department directly into the State's General Revenue Fund.
(Source: P.A. 90-372, eff. 7-1-98.)
Section 75-58. The Alternate Fuels Act is amended by
changing Sections 35 and 40 as follows:
(415 ILCS 120/35)
Sec. 35. User fees.
(a) During fiscal years 1999, 2000, 2001, and 2002 The
Office of the Secretary of State shall collect annual user
fees from any individual, partnership, association,
corporation, or agency of the United States government that
registers any combination of 10 or more of the following
types of motor vehicles in the Covered Area: (1) vehicles of
the First Division, as defined in the Illinois Vehicle Code;
(2) vehicles of the Second Division registered under the B,
D, F, H, MD, MF, MG, MH and MJ plate categories, as defined
in the Illinois Vehicle Code; and (3) commuter vans and
livery vehicles as defined in the Illinois Vehicle Code.
This Section does not apply to vehicles registered under the
International Registration Plan under Section 3-402.1 of the
Illinois Vehicle Code. The user fee shall be $20 for each
vehicle registered in the Covered Area for each fiscal year.
The Office of the Secretary of State shall collect the $20
when a vehicle's registration fee is paid.
(b) Owners of State, county, and local government
vehicles, rental vehicles, antique vehicles, electric
vehicles, and motorcycles are exempt from paying the user
fees on such vehicles.
(c) The Office of the Secretary of State shall deposit
the user fees collected into the Alternate Fuels Fund.
(Source: P.A. 92-858, eff. 1-3-03.)
(415 ILCS 120/40)
Sec. 40. Appropriations from the Alternate Fuels Fund.
(a) User Fees Funds. The Agency shall estimate the
amount of user fees expected to be collected under Section 35
of this Act for each fiscal year years 1999, 2000, 2001, and
2002. User fee funds shall be deposited into and distributed
from the Alternate Fuels Fund in the following manner:
(1) In each of fiscal years 1999, 2000, 2001, and
2002, and 2003, an amount not to exceed $200,000, and
beginning in fiscal year 2004 an annual amount not to
exceed $225,000, may be appropriated to the Agency from
the Alternate Fuels Fund to pay its costs of
administering the programs authorized by Section 30 of
this Act. Up to $200,000 may be appropriated to the
Office of the Secretary of State in each of fiscal years
1999, 2000, 2001, and 2002, and 2003 from the Alternate
Fuels Fund to pay the Secretary of State's costs of
administering the programs authorized under this Act.
Beginning in fiscal year 2004 and in each fiscal year
thereafter, an amount not to exceed $225,000 may be
appropriated to the Secretary of State from the Alternate
Fuels Fund to pay the Secretary of State's costs of
administering the programs authorized under this Act.
(2) In fiscal years 1999, 2000, 2001, and 2002,
after appropriation of the amounts authorized by item (1)
of subsection (a) of this Section, the remaining moneys
estimated to be collected during each fiscal year shall
be appropriated as follows: 80% of the remaining moneys
shall be appropriated to fund the programs authorized by
Section 30, and 20% shall be appropriated to fund the
programs authorized by Section 25. In fiscal year 2004
and each fiscal year thereafter, after appropriation of
the amounts authorized by item (1) of subsection (a) of
this Section, the remaining moneys estimated to be
collected during each fiscal year shall be appropriated
as follows: 70% of the remaining moneys shall be
appropriated to fund the programs authorized by Section
30 and 30% shall be appropriated to fund the programs
authorized by Section 31.
(3) (Blank). Additional appropriations to the
Agency from the Alternate Fuels Fund to pay its costs of
administering the programs authorized by Section 30 of
this Act may be made in fiscal years following 2002, not
to exceed the amount of $200,000 in any fiscal year, if
funds are still available and program costs are still
being incurred.
(4) Moneys appropriated to fund the programs
authorized in Sections 25 and 30 shall be expended only
after they have been collected and deposited into the
Alternate Fuels Fund.
(b) General Revenue Fund Appropriations. General Revenue
Fund amounts appropriated to and deposited into the Alternate
Fuels Fund shall be distributed from the Alternate Fuels Fund
in the following manner:
(1) In each of fiscal years 2003 and 2004, an
amount not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs from the
Alternate Fuels Fund to pay its costs of administering
the programs authorized by Sections 31 and 32.
(2) In each of fiscal years 2003 and 2004, an
amount not to exceed $50,000 may be appropriated to the
Department of Commerce and Community Affairs to fund the
programs authorized by Section 32.
(3) In each of fiscal years 2003 and 2004, after
appropriation of the amounts authorized in items (1) and
(2) of subsection (b) of this Section, the remaining
moneys received from the General Revenue Fund shall be
appropriated as follows: 52.632% of the remaining moneys
shall be appropriated to fund the programs authorized by
Sections 25 and 30 and 47.368% of the remaining moneys
shall be appropriated to fund the programs authorized by
Section 31. The moneys appropriated to fund the
programs authorized by Sections 25 and 30 shall be used
as follows: 20% shall be used to fund the programs
authorized by Section 25, and 80% shall be used to fund
the programs authorized by Section 30.
Moneys appropriated to fund the programs authorized in
Section 31 shall be expended only after they have been
deposited into the Alternate Fuels Fund.
(Source: P.A. 92-858, eff. 1-3-03.)
Section 75-65. The Boiler and Pressure Vessel Safety Act
is amended by changing Section 13 as follows:
(430 ILCS 75/13) (from Ch. 111 1/2, par. 3214)
Sec. 13. Inspection fees. The owner or user of a
boiler or pressure vessel required by this Act to be
inspected by the Chief Inspector or his Deputy Inspector
shall pay directly to the Office of the State Fire Marshal,
upon completion of inspection, fees established by the Board.
On and after October 1, 2003, 50% of the fees for
certification of boilers and pressure vessels as described in
Section 11 shall be deposited into the General Revenue Fund
and the remaining fees received under this Act shall be
deposited in the Fire Prevention Fund.
(Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)
Section 75-70. The Illinois Commercial Feed Act of 1961
is amended by changing Sections 6 and 14.3 as follows:
(505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
Sec. 6. Inspection fees and reports.
(a) An inspection fee at the rate of 20 16 cents per ton
shall be paid to the Director on commercial feed distributed
in this State by the person who first distributes the
commercial feed subject to the following:
(1) The inspection fee is not required on the first
distribution, if made to an Exempt Buyer, who with
approval from the Director, will become responsible for
the fee.
(2) Customer-formula feeds are hereby exempted if
the inspection fee is paid on the commercial feeds which
they contain.
(3) A fee shall not be paid on a commercial feed if
the payment has been made by a previous distributor.
(4) In the case of pet food and specialty pet food
which are distributed in the State in packages of 10
pounds or less, an annual fee of $75 $50 shall be paid in
lieu of an inspection fee. The inspection fee required by
subsection (a) shall apply to pet food and specialty pet
food distribution in packages exceeding 10 pounds. All
fees collected pursuant to this Section shall be paid
into the Feed Control Fund in the State Treasury.
(b) The minimum inspection fee shall be $25 every 6
months.
(c) Each person who is liable for the payment of the
inspection fee shall:
(1) File, not later than the last day of January
and July of each year, a statement setting forth the
number of net tons of commercial feeds distributed in
this State during the preceding calendar 6 months period;
and upon filing such statement shall pay the inspection
fee at the rate stated in paragraph (a) of this Section.
This report shall be made on a summary form provided by
the Director or on other forms as approved by the
Director. If the tonnage report is not filed and the
inspection fee is not paid within 15 days after the end
of the filing date a collection fee amounting to 10% of
the inspection fee that is due or $50 whichever is
greater, shall be assessed against the person who is
liable for the payment of the inspection fee in addition
to the inspection fee that is due.
(2) Keep such records as may be necessary or
required by the Director to indicate accurately the
tonnage of commercial feed distributed in this State, and
the Director shall have the right to examine such records
to verify statements of tonnage. Failure to make an
accurate statement of tonnage or to pay the inspection
fee or comply as provided herein shall constitute
sufficient cause for the cancellation of all
registrations or firm licenses on file for the
manufacturer or distributor.
(Source: P.A. 87-664.)
(505 ILCS 30/14.3) (from Ch. 56 1/2, par. 66.14.3)
Sec. 14.3. Feed Control Fund. There is created in the
State Treasury a special fund to be known as the Feed Control
Fund. All firm license, inspection, and penalty fees
collected by the Department under this Act shall be deposited
in the Feed Control Fund. In addition, for the years 2004 and
thereafter, $22 of each annual fee collected by the
Department pursuant to Section 6, paragraph 4 of this Act
shall be deposited by the Department directly into the
State's General Revenue Fund. the amount annually collected
as fees shall be appropriated by the General Assembly to the
Department for activities related to the enforcement of this
Act.
(Source: P.A. 87-664.)
Section 75-75. The Illinois Fertilizer Act of 1961 is
amended by changing Sections 4 and 6 as follows:
(505 ILCS 80/4) (from Ch. 5, par. 55.4)
Sec. 4. Registration.
(a) Each brand and grade of commercial fertilizer shall
be registered before being distributed in this State. The
application for registration shall be submitted with a label
or facsimile of same to the Director on form furnished by the
Director, and shall be accompanied by a fee of $10 $5 per
grade within a brand. Upon approval by the Director a copy of
the registration shall be furnished to the applicant. All
registrations expire on December 31 of each year.
The application shall include the following information:
(1) The net weight
(2) The brand and grade
(3) The guaranteed analysis
(4) The name and address of the registrant.
(b) A distributor shall not be required to register any
brand of commercial fertilizer or custom mix which is already
registered under this Act by another person.
(c) The plant nutrient content of each and every
commercial fertilizer must remain uniform for the period of
registration and, in no case, shall the percentage of any
guaranteed plant nutrient element be changed in such a manner
that the crop-producing quality of the commercial fertilizer
is lowered.
(d) Each custom mixer shall register annually with the
Director on forms furnished by the Director. The application
for registration shall be accompanied by a fee of $50 $25.00,
unless the custom mixer elects to register each mixture,
paying a fee of $10 $5.00 per mixture. Upon approval by the
Director, a copy of the registration shall be furnished to
the applicant. All registrations expire on December 31 of
each year.
(e) A custom mix as defined in section 3(f), prepared
for one consumer shall not be co-mingled with the custom
mixed fertilizer prepared for another consumer.
(f) All fees collected pursuant to this Section shall be
paid into the State treasury.
(Source: Laws 1967, p. 297.)
(505 ILCS 80/6) (from Ch. 5, par. 55.6)
Sec. 6. Inspection fees.
(a) There shall be paid to the Director for all
commercial fertilizers or custom mix distributed in this
State an inspection fee at the rate of 25¢ 20¢ per ton. Sales
to manufacturers or exchanges between them are hereby
exempted from the inspection fee.
On individual packages of commercial or custom mix or
specialty fertilizers containing 5 pounds or less, or if in
liquid form containers of 4,000 cubic centimeters or less,
there shall be paid instead of the 25¢ 20¢ per ton inspection
fee, an annual inspection fee of $25 for each grade within a
brand sold or distributed. Where a person sells commercial or
custom mix or specialty fertilizers in packages of 5 pounds
or less, or 4,000 cubic centimeters or less if in liquid
form, and also sells in larger packages than 5 pounds or
liquid containers larger than 4,000 cubic centimeters, this
annual inspection fee of $25 applies only to that portion
sold in packages of 5 pounds or less or 4,000 cubic
centimeters or less, and that portion sold in larger packages
or containers shall be subject to the same inspection fee of
25¢ 20¢ per ton as provided in this Act. The increased fees
shall be effective after June 30, 1989.
(b) Every person who distributes a commercial fertilizer
or custom mix in this State shall file with the Director, on
forms furnished by the Director, a semi-annual statement for
the periods ending June 30 and December 31, setting forth the
number of net tons of each grade of commercial fertilizers
within a brand or the net tons of custom mix distributed. The
report shall be due on or before the 15th day of the month
following the close of each semi-annual period and upon the
statement shall pay the inspection fee at the rate stated in
paragraph (a) of this Section.
One half of the 25¢ 20¢ per ton inspection fee shall be
paid into the Fertilizer Control Fund and all other fees
collected under this Section shall be paid into the State
treasury.
If the tonnage report is not filed and the payment of
inspection fee is not made within 30 days after the end of
the semi-annual period, a collection fee amounting to 10%
(minimum $10) of the amount shall be assessed against the
registrant. The amount of fees due shall constitute a debt
and become the basis of a judgment against the registrant.
Upon the written request to the Director additional time may
be granted past the normal date of filing the semi-annual
statement.
When more than one person is involved in the distribution
of a commercial fertilizer, the last registrant who
distributes to the non-registrant (dealer or consumer) is
responsible for reporting the tonnage and paying the
inspection fee.
(Source: P.A. 86-232; 87-14.)
Section 75-80. The Illinois Vehicle Code is amended by
changing Sections 2-119, 2-123, 2-124, 3-403, 3-405.1, 3-811,
5-101, 5-102, 6-118, 7-707, 18c-1501, 18c-1502.05, and
18c-1502.10 and by adding Section 3-806.5 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall
be deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December
31, 1994, of the money collected for each certificate of
title, duplicate certificate of title and corrected
certificate of title, $0.50 shall be deposited into the Used
Tire Management Fund. Beginning January 1, 1990 and
concluding December 31, 1994, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $1.50 shall be deposited in
the Park and Conservation Fund.
Beginning January 1, 1995, of the money collected for
each certificate of title, duplicate certificate of title and
corrected certificate of title, $2 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420).
Beginning January 1, 2000 and continuing through December
31, 2004, of the moneys collected for each certificate of
title, duplicate certificate of title, and corrected
certificate of title, $48 shall be deposited into the Road
Fund and $4 shall be deposited into the Motor Vehicle License
Plate Fund, except that if the balance in the Motor Vehicle
License Plate Fund exceeds $40,000,000 on the last day of a
calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for
each certificate of title, duplicate certificate of title,
and corrected certificate of title, $52 shall be deposited
into the Road Fund.
Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed
in the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section
6-118 shall be placed in the Driver Education Fund in the
State Treasury.
(d) Beginning January 1, 1999, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, 27% of each annual registration fee
for such vehicle and 27% of each semiannual registration fee
for such vehicle is deposited in the Cycle Rider Safety
Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA): (i) $6 of the total fee for an
original or renewal CDL, and $6 of the total CDL instruction
permit fee when such permit is issued to any person holding a
valid Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act
and (ii) $20 of the total fee for an original or renewal CDL
or commercial driver instruction permit shall be paid into
the Motor Carrier Safety Inspection Fund, which is hereby
created as a special fund in the State Treasury, to be used
by the Department of State Police, subject to appropriation,
to hire additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of
State as registration fees or taxes or as payment of any
other fee, as provided in this Act, except fees received by
the Secretary under paragraph (7)(A) of subsection (b) of
Section 5-101 and Section 5-109 of this Code, shall be
deposited in the Road Fund in the State Treasury. Moneys in
the Road Fund shall be used for the purposes provided in
Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special
fund to be known as the Secretary of State Special License
Plate Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of
State (i) to help defray plate manufacturing and plate
processing costs for the issuance and, when applicable,
renewal of any new or existing special registration plates
authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home
libraries.
On or before October 1, 1995, the Secretary of State
shall direct the State Comptroller and State Treasurer to
transfer any unexpended balance in the Special Environmental
License Plate Fund, the Special Korean War Veteran License
Plate Fund, and the Retired Congressional License Plate Fund
to the Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into
the Fund under paragraph (7) of subsection (b) of Section
5-101 and Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of State to administer
the Motor Vehicle Review Board, including without limitation
payment of compensation and all necessary expenses incurred
in administering the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the
State Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created
as a special fund in the State Treasury. Moneys deposited
into the Fund shall, subject to appropriation, be used by the
Office of the State Fire Marshal for construction of the
Illinois Fire Fighters' Memorial to be located at the State
Capitol grounds in Springfield, Illinois. Upon the
completion of the Memorial, moneys in the Fund shall be used
in accordance with Section 3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003
pursuant to Section 2-124(d) of this Code, 50% of the money
collected as audit fees shall be deposited into the General
Revenue Fund.
(Source: P.A. 91-37, eff. 7-1-99; 91-239, eff. 1-1-00;
91-537, eff. 8-13-99; 91-832, eff. 6-16-00; 92-16, eff.
6-28-01.)
(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, 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, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, 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 $25 for orders received
before October 1, 2003 and $50 for orders received on or
after October 1, 2003, 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. This service
may be limited to entities purchasing a minimum number of
records as required by administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle
or driver data list, or part thereof. The information sold
pursuant to this subsection shall not contain personally
identifying information unless the information is to be used
for one of the purposes identified in subsection (f-5) of
this Section. 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 information to be purchased.
(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 by the
sheriffs or chiefs of police at the fee of $500 each or at
the cost of producing the list as determined by the Secretary
of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) 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 $5 for
each registration or title search. The written application
shall set forth the intended use of the requested
information. No fee shall be charged for a title or
registration search, or for the certification thereof
requested by a government agency. The report of the title or
registration search shall not contain personally identifying
information unless the request for a search was made for one
of the purposes identified in subsection (f-5) of this
Section.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 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.
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.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any
personally identifying information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless the information is disclosed
for one of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on
behalf of a federal, State, or local agency in carrying
out its functions.
(2) For use in connection with matters of motor
vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of motor vehicles,
motor vehicle parts, and dealers; and removal of
non-owner records from the original owner records of
motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only:
(A) to verify the accuracy of personal
information submitted by an individual to the
business or its agents, employees, or contractors;
and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the
correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security
interest against, the individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating,
or underwriting.
(7) For use in providing notice to the owners of
towed or impounded vehicles.
(8) For use by any private investigative agency or
security service licensed in Illinois for any purpose
permitted under this subsection.
(9) For use by an employer or its agent or insurer
to obtain or verify information relating to a holder of a
commercial driver's license that is required under
chapter 313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as
defined in Section 1-148.5, for the purpose of
newsgathering when the request relates to the operation
of a motor vehicle or public safety.
(13) For any other use specifically authorized by
law, if that use is related to the operation of a motor
vehicle or public safety.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6 before October 1, 2003
and a fee of $12 on and after October 1, 2003, 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.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record
was made for one of the purposes set forth in subsection
(f-5) of this Section.
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 and
shall set forth the intended use of the requested
information.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
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 purpose set forth in subsection
(f-5) of this Section.
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 $6 before October 1, 2003 and a fee
of $12 on or after October 1, 2003, 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: (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.
(i) (Blank).
(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 (i) for
fees collected before October 1, 2003, $3 of the $6 fee for a
driver's record shall be paid into the Secretary of State
Special Services Fund, (ii) for fees collected on and after
October 1, 2003, of the $12 fee for a driver's record, $3
shall be paid into the Secretary of State Special Services
Fund and $6 shall be paid into the General Revenue Fund, and
(iii) for fees collected on and after October 1, 2003, 50% of
the amounts collected pursuant to subsection (b) shall be
paid into the General Revenue Fund.
(l) (Blank).
(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. The information provided pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying
information obtained pursuant to this Section is prohibited,
except to the extent necessary to effectuate the purpose for
which the original disclosure of the information was
permitted.
(p) The Secretary of State is empowered to adopt rules
to effectuate this Section.
(Source: P.A. 91-37, eff. 7-1-99; 91-357, eff. 7-29-99;
91-716, eff. 10-1-00; 92-32, eff. 7-1-01; 92-651, eff.
7-11-02.)
(625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
Sec. 2-124. Audits, interest and penalties.
(a) Audits. The Secretary of State or employees and
agents designated by him, may audit the books, records, tax
returns, reports, and any and all other pertinent records or
documents of any person licensed or registered, or required
to be licensed or registered, under any provisions of this
Act, for the purpose of determining whether such person has
not paid any fees or taxes required to be paid to the
Secretary of State and due to the State of Illinois. For
purposes of this Section, "person" means an individual,
corporation, or partnership, or an officer or an employee of
any corporation, including a dissolved corporation, or a
member or an employee of any partnership, who as an officer,
employee, or member under a duty to perform the act in
respect to which the violation occurs.
(b) Joint Audits. The Secretary of State may enter into
reciprocal audit agreements with officers, agents or agencies
of another State or States, for joint audits of any person
subject to audit under this Act.
(c) Special Audits. If the Secretary of State is not
satisfied with the books, records and documents made
available for an audit, or if the Secretary of State is
unable to determine therefrom whether any fees or taxes are
due to the State of Illinois, or if there is cause to believe
that the person audited has declined or refused to supply the
books, records and documents necessary to determine whether a
deficiency exists, the Secretary of State may either seek a
court order for production of any and all books, records and
documents he deems relevant and material, or, in his
discretion, the Secretary of State may instead give written
notice to such person requiring him to produce any and all
books, records and documents necessary to properly audit and
determine whether any fees or taxes are due to the State of
Illinois. If such person fails, refuses or declines to comply
with either the court order or written notice within the time
specified, the Secretary of State shall then order a special
audit at the expense of the person affected. Upon completion
of the special audit, the Secretary of State shall determine
if any fees or taxes required to be paid under this Act have
not been paid, and make an assessment of any deficiency based
upon the books, records and documents available to him, and
in an assessment, he may rely upon records of other persons
having an operation similar to that of the person audited
specially. A person audited specially and subject to a court
order and in default thereof, shall in addition, be subject
to any penalty or punishment imposed by the court entering
the order.
(d) Deficiency; Audit Costs. When a deficiency is found
and any fees or taxes required to be paid under this Act have
not been paid to the State of Illinois, the Secretary of
State may impose an audit fee of $100 $50 per day, or $50 $25
per half-day, per auditor, plus in the case of out-of-state
travel, transportation expenses incurred by the auditor or
auditors. Where more than one person is audited on the same
out-of-state trip, the additional transportation expenses may
be apportioned. The actual costs of a special audit shall be
imposed upon the person audited.
(e) Interest. When a deficiency is found and any fees or
taxes required to be paid under this Act have not been paid
to the State of Illinois, the amount of the deficiency, if
greater than $100 for all registration years examined, shall
also bear interest at the rate of 1/2 of 1% per month or
fraction thereof, from the date when the fee or tax due
should have been paid under the provisions of this Act,
subject to a maximum of 6% per annum.
(f) Willful Negligence. When a deficiency is determined
by the Secretary to be caused by the willful neglect or
negligence of the person audited, an additional 10% penalty,
that is 10% of the amount of the deficiency or assessment,
shall be imposed, and the 10% penalty shall bear interest at
the rate of 1/2 of 1% on and after the 30th day after the
penalty is imposed until paid in full.
(g) Fraud or Evasion. When a deficiency is determined by
the Secretary to be caused by fraud or willful evasion of the
provisions of this Act, an additional penalty, that is 20% of
the amount of the deficiency or assessment, shall be imposed,
and the 20% penalty shall bear interest at the rate of 1/2 of
1% on and after the 30th day after the penalty is imposed
until paid in full.
(h) Notice. The Secretary of State shall give written
notice to any person audited, of the amount of any deficiency
found or assessment made, of the costs of an audit or special
audit, and of the penalty imposed, and payment shall be made
within 30 days of the date of the notice unless such person
petitions for a hearing.
However, except in the case of fraud or willful evasion,
or the inaccessibility of books and records for audit or with
the express consent of the person audited, no notice of a
deficiency or assessment shall be issued by the Secretary for
more than 3 registration years. This limitation shall
commence on any January 1 as to calendar year registrations
and on any July 1 as to fiscal year registrations. This
limitation shall not apply for any period during which the
person affected has declined or refuses to make his books and
records available for audit, nor during any period of time in
which an Order of any Court has the effect of enjoining or
restraining the Secretary from making an audit or issuing a
notice. Notwithstanding, each person licensed under the
International Registration Plan and audited by this State or
any member jurisdiction shall follow the assessment and
refund procedures as adopted and amended by the International
Registration Plan members. The Secretary of State shall have
the final decision as to which registrants may be subject to
the netting of audit fees as outlined in the International
Registration Plan. Persons audited may be subject to a
review process to determine the final outcome of the audit
finding. This process shall follow the adopted procedure as
outlined in the International Registration Plan. All
decisions by the IRP designated tribunal shall be binding.
(i) Every person subject to licensing or registration
and audit under the provisions of this Chapter shall retain
all pertinent licensing and registration documents, books,
records, tax returns, reports and all supporting records and
documents for a period of 4 years.
(j) Hearings. Any person receiving written notice of a
deficiency or assessment may, within 30 days after the date
of the notice, petition for a hearing before the Secretary of
State or his duly appointed hearing officer to contest the
audit in whole or in part, and the petitioner shall
simultaneously file a certified check or money order, or
certificate of deposit, or a surety bond approved by the
Secretary in the amount of the deficiency or assessment.
Hearings shall be held pursuant to the provisions of Section
2-118 of this Act.
(k) Judgments. The Secretary of State may enforce any
notice of deficiency or assessment pursuant to the provisions
of Section 3-831 of this Act.
(Source: P.A. 92-69, eff. 7-12-01.)
(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
Sec. 3-403. Trip and Short-term permits.
(a) The Secretary of State may issue a short-term permit
to operate a nonregistered first or second division vehicle
within the State of Illinois for a period of not more than 7
days. Any second division vehicle operating on such permit
may operate only on empty weight. The fee for the short-term
permit shall be $6 for permits purchased on or before June
30, 2003 and $10 for permits purchased on or after July 1,
2003. For short-term permits purchased on or after July 1,
2003, $4 of the fee collected for the purchase of each permit
shall be deposited into the General Revenue Fund.
This permit may also be issued to operate an unladen
registered vehicle which is suspended under the Vehicle
Emissions Inspection Law and allow it to be driven on the
roads and highways of the State in order to be repaired or
when travelling to and from an emissions inspection station.
(b) The Secretary of State may, subject to reciprocal
agreements, arrangements or declarations made or entered into
pursuant to Section 3-402, 3-402.4 or by rule, provide for
and issue registration permits for the use of Illinois
highways by vehicles of the second division on an occasional
basis or for a specific and special short-term use, in
compliance with rules and regulations promulgated by the
Secretary of State, and upon payment of the prescribed fee as
follows:
One-trip permits. A registration permit for one trip, or
one round-trip into and out of Illinois, for a period not to
exceed 72 consecutive hours or 3 calendar days may be
provided, for a fee as prescribed in Section 3-811.
One-Month permits. A registration permit for 30 days may
be provided for a fee of $13 for registration plus 1/10 of
the flat weight tax. The minimum fee for such permit shall
be $31.
In-transit permits. A registration permit for one trip
may be provided for vehicles in transit by the driveaway or
towaway method and operated by a transporter in compliance
with the Illinois Motor Carrier of Property Law, for a fee as
prescribed in Section 3-811.
Illinois Temporary Apportionment Authorization Permits.
An apportionment authorization permit for forty-five days for
the immediate operation of a vehicle upon application for and
prior to receiving apportioned credentials or interstate
credentials from the State of Illinois. The fee for such
permit shall be $3.
Illinois Temporary Prorate Authorization Permit. A
prorate authorization permit for forty-five days for the
immediate operation of a vehicle upon application for and
prior to receiving prorate credentials or interstate
credentials from the State of Illinois. The fee for such
permit shall be $3.
(c) The Secretary of State shall promulgate by such rule
or regulation, schedules of fees and taxes for such permits
and in computing the amount or amounts due, may round off
such amount to the nearest full dollar amount.
(d) The Secretary of State shall further prescribe the
form of application and permit and may require such
information and data as necessary and proper, including
confirming the status or identity of the applicant and the
vehicle in question.
(e) Rules or regulations promulgated by the Secretary of
State under this Section shall provide for reasonable and
proper limitations and restrictions governing the application
for and issuance and use of permits, and shall provide for
the number of permits per vehicle or per applicant, so as to
preclude evasion of annual registration requirements as may
be required by this Act.
(f) Any permit under this Section is subject to
suspension or revocation under this Act, and in addition, any
such permit is subject to suspension or revocation should the
Secretary of State determine that the vehicle identified in
any permit should be properly registered in Illinois. In the
event any such permit is suspended or revoked, the permit is
then null and void, may not be re-instated, nor is a refund
therefor available. The vehicle identified in such permit
may not thereafter be operated in Illinois without being
properly registered as provided in this Chapter.
(Source: P.A. 91-37, eff. 7-1-99; 92-680, eff. 7-16-02.)
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized
license plates.
(a) Vanity license plates mean any license plates,
assigned to a passenger motor vehicle of the first division,
to a motor vehicle of the second division registered at not
more than 8,000 pounds or to a recreational vehicle, which
display a registration number containing 1 4 to 7 letters and
no numbers or 1, 2, or 3 numbers and no letters as requested
by the owner of the vehicle and license plates issued to
retired members of Congress under Section 3-610.1 or to
retired members of the General Assembly as provided in
Section 3-606.1. A license plate consisting of 3 letters and
no numbers or of 1, 2 or 3 numbers, upon its becoming
available, is a vanity license plate. Personalized license
plates mean any license plates, assigned to a passenger motor
vehicle of the first division, to a motor vehicle of the
second division registered at not more than 8,000 pounds, or
to a recreational vehicle, which display a registration
number containing one of the following combinations a
combination of letters and numbers as prescribed by rule, as
requested by the owner of the vehicle:.
Standard Passenger Plates
First Division Vehicles
1 letter plus 0-99
2 letters plus 0-99
3 letters plus 0-99
4 letters plus 0-99
5 letters plus 0-99
6 letters plus 0-9
Second Division Vehicles
8,000 pounds or less and Recreation Vehicles
0-999 plus 1 letter
0-999 plus 2 letters
0-999 plus 3 letters
0-99 plus 4 letters
0-9 plus 5 letters
(b) For any registration period commencing after
December 31, 2003, 1979, any person who is the registered
owner of a passenger motor vehicle of the first division, of
a motor vehicle of the second division registered at not more
than 8,000 pounds or of a recreational vehicle registered
with the Secretary of State or who makes application for an
original registration of such a motor vehicle or renewal
registration of such a motor vehicle may, upon payment of a
fee prescribed in Section 3-806.1 or Section 3-806.5, apply
to the Secretary of State for vanity or personalized license
plates.
(c) Except as otherwise provided in this Chapter 3,
vanity and personalized license plates as issued under this
Section shall be the same color and design as other passenger
vehicle license plates and shall not in any manner conflict
with any other existing passenger, commercial, trailer,
motorcycle, or special license plate series. However,
special registration plates issued under Sections 3-611 and
3-616 for vehicles operated by or for persons with
disabilities may also be vanity or personalized license
plates.
(d) Vanity and personalized license plates shall be
issued only to the registered owner of the vehicle on which
they are to be displayed, except as provided in Sections
3-611 and 3-616 for special registration plates for vehicles
operated by or for persons with disabilities.
(e) An applicant for the issuance of vanity or
personalized license plates or subsequent renewal thereof
shall file an application in such form and manner and by such
date as the Secretary of State may, in his discretion,
require.
No vanity nor personalized license plates shall be
approved, manufactured, or distributed that contain any
characters, symbols other than the international
accessibility symbol for vehicles operated by or for persons
with disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued
pursuant to this Act may be subject to the Staggered
Registration System as prescribed by the Secretary of State.
(Source: P.A. 92-651, eff. 7-11-02.)
(625 ILCS 5/3-806.5 new)
Sec. 3-806.5. Additional fees for personalized license
plates. For registration periods commencing after December
31, 2003, in addition to the regular registration fee, an
applicant shall be charged $47 for each set of personalized
license plates issued to a motor vehicle of the first
division or a motor vehicle of the second division registered
at not more than 8,000 pounds or to a recreational vehicle
and $25 for each set of personalized plates issued to a
motorcycle. In addition to the regular renewal fee, an
applicant shall be charged $7 for the renewal of each set of
personalized license plates. Of the money received by the
Secretary of State as additional fees for personalized
license plates, 50% shall be deposited into the Secretary of
State Special License Plate Fund and 50% shall be deposited
into the General Revenue Fund.
(625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811)
Sec. 3-811. Drive-away and other permits - Fees.
(a) Dealers may obtain drive-away permits for use as
provided in this Code, for a fee of $6 per permit for permits
purchased on or before June 30, 2003 and $10 for permits
purchased on or after July 1, 2003. For drive-away permits
purchased on or after July 1, 2003, $4 of the fee collected
for the purchase of each permit shall be deposited into the
General Revenue Fund.
(b) Transporters may obtain one-trip permits for
vehicles in transit for use as provided in this Code, for a
fee of $6 per permit for permits purchased on or before June
30, 2003 and $10 for permits purchased on or after July 1,
2003. For one-trip permits purchased on or after July 1,
2003, $4 of the fee collected from the purchase of each
permit shall be deposited into the General Revenue Fund.
(c) Non-residents may likewise obtain a drive-away
permit from the Secretary of State to export a motor vehicle
purchased in Illinois, for a fee of $6 per permit for permits
purchased on or before June 30, 2003 and $10 for permits
purchased on or after July 1, 2003. For drive-away permits
purchased on or after July 1, 2003, $4 of the fee collected
for the purchase of each permit shall be deposited into the
General Revenue Fund.
(d) One-trip permits may be obtained for an occasional
single trip by a vehicle as provided in this Code, upon
payment of a fee of $19.
(e) One month permits may likewise be obtained for the
fees and taxes prescribed in this Code and as promulgated by
the Secretary of State.
(Source: P.A. 91-37, eff. 7-1-99; 92-680, eff. 7-16-02.)
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business
of selling or dealing in, on consignment or otherwise, new
vehicles of any make, or act as an intermediary or agent or
broker for any licensed dealer or vehicle purchaser other
than as a salesperson, or represent or advertise that he is
so engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under
the provisions of this Section.
(b) An application for a new vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, on such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of
the applicant and his established and additional places
of business, if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten
percent or greater ownership interest in the corporation,
setting forth the residence address of each; if the
applicant is a sole proprietorship, a partnership, an
unincorporated association, a trust, or any similar form
of business organization, the name and residence address
of the proprietor or of each partner, member, officer,
director, trustee, or manager.
3. The make or makes of new vehicles which the
applicant will offer for sale at retail in this State.
4. The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of such new
vehicles. As evidence of this fact, the application shall
be accompanied by a signed statement from each such
manufacturer or franchised distributor. If the applicant
is in the business of offering for sale new conversion
vehicles, trucks or vans, except for trucks modified to
serve a special purpose which includes but is not limited
to the following vehicles: street sweepers, fertilizer
spreaders, emergency vehicles, implements of husbandry or
maintenance type vehicles, he must furnish evidence of a
sales and service agreement from both the chassis
manufacturer and second stage manufacturer.
5. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue: Provided that this
requirement does not apply to a dealer who is already
licensed hereunder with the Secretary of State, and who
is merely applying for a renewal of his license. As
evidence of this fact, the application shall be
accompanied by a certification from the Department of
Revenue showing that that Department has approved the
applicant for registration under the Retailers'
Occupation Tax Act.
6. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a new vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued
or renewed. The expiration of the insurance policy shall
not terminate the liability under the policy arising
during the period for which the policy was filed.
Trailer and mobile home dealers are exempt from this
requirement.
If the permitted user has a liability insurance
policy that provides automobile liability insurance
coverage of at least $100,000 for bodily injury to or the
death of any person, $300,000 for bodily injury to or the
death of any 2 or more persons in any one accident, and
$50,000 for damage to property, then the permitted user's
insurer shall be the primary insurer and the dealer's
insurer shall be the secondary insurer. If the permitted
user does not have a liability insurance policy that
provides automobile liability insurance coverage of at
least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any
2 or more persons in any one accident, and $50,000 for
damage to property, or does not have any insurance at
all, then the dealer's insurer shall be the primary
insurer and the permitted user's insurer shall be the
secondary insurer.
When a permitted user is "test driving" a new
vehicle dealer's automobile, the new vehicle dealer's
insurance shall be primary and the permitted user's
insurance shall be secondary.
As used in this paragraph 6, a "permitted user" is a
person who, with the permission of the new vehicle dealer
or an employee of the new vehicle dealer, drives a
vehicle owned and held for sale or lease by the new
vehicle dealer which the person is considering to
purchase or lease, in order to evaluate the performance,
reliability, or condition of the vehicle. The term
"permitted user" also includes a person who, with the
permission of the new vehicle dealer, drives a vehicle
owned or held for sale or lease by the new vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.
As used in this paragraph 6, "test driving" occurs
when a permitted user who, with the permission of the new
vehicle dealer or an employee of the new vehicle dealer,
drives a vehicle owned and held for sale or lease by a
new vehicle dealer that the person is considering to
purchase or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 6, "loaner purposes" means
when a person who, with the permission of the new vehicle
dealer, drives a vehicle owned or held for sale or lease
by the new vehicle dealer while the user's vehicle is
being repaired or evaluated.
7. (A) An application for a new motor vehicle
dealer's license shall be accompanied by the following
license fees:
$1,000 $100 for applicant's established place
of business, and $100 $50 for each additional place
of business, if any, to which the application
pertains; but if the application is made after June
15 of any year, the license fee shall be $500 $50
for applicant's established place of business plus
$50 $25 for each additional place of business, if
any, to which the application pertains. License fees
shall be returnable only in the event that the
application is denied by the Secretary of State. All
moneys received by the Secretary of State as license
fees under paragraph (7)(A) of subsection (b) of
this Section prior to applications for the 2004
licensing year shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act. Of the money received
by the Secretary of State as license fees under
paragraph (7)(A) of subsection (b) of this Section
for the 2004 licensing year and thereafter, 10%
shall be deposited into the Motor Vehicle Review
Board Fund and shall be used to administer the Motor
Vehicle Review Board under the Motor Vehicle
Franchise Act and 90% shall be deposited into the
General Revenue Fund.
(B) An application for a new vehicle dealer's
license, other than for a new motor vehicle dealer's
license, shall be accompanied by the following
license fees:
$1,000 $50 for applicant's established place of
business, and $50 $25 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 $25 for
applicant's established place of business plus $25
$12.50 for each additional place of business, if
any, to which the application pertains. License
fees shall be returnable only in the event that the
application is denied by the Secretary of State. Of
the money received by the Secretary of State as
license fees under this subsection for the 2004
licensing year and thereafter, 95% shall be
deposited into the General Revenue Fund.
8. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, a partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti Theft Laws of the Illinois
Vehicle Code;
(B) The Certificate of Title Laws of the
Illinois Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961,
Criminal Trespass to Vehicles; or
(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or
more violations, as determined in any civil, criminal or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
10. A bond or certificate of deposit in the amount
of $20,000 for each location at which the applicant
intends to act as a new vehicle dealer. The bond shall
be for the term of the license, or its renewal, for which
application is made, and shall expire not sooner than
December 31 of the year for which the license was issued
or renewed. The bond shall run to the People of the
State of Illinois, with surety by a bonding or insurance
company authorized to do business in this State. It
shall be conditioned upon the proper transmittal of all
title and registration fees and taxes (excluding taxes
under the Retailers' Occupation Tax Act) accepted by the
applicant as a new vehicle dealer.
11. Such other information concerning the business
of the applicant as the Secretary of State may by rule or
regulation prescribe.
12. A statement that the applicant understands
Chapter One through Chapter Five of this Code.
(c) Any change which renders no longer accurate any
information contained in any application for a new vehicle
dealer's license shall be amended within 30 days after the
occurrence of such change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary
notwithstanding no person shall be licensed as a new vehicle
dealer unless:
1. He is authorized by contract in writing between
himself and the manufacturer or franchised distributor of
such make of vehicle to so sell the same in this State,
and
2. Such person shall maintain an established place
of business as defined in this Act.
(e) The Secretary of State shall, within a reasonable
time after receipt, examine an application submitted to him
under this Section and unless he makes a determination that
the application submitted to him does not conform with the
requirements of this Section or that grounds exist for a
denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's
license in writing for his established place of business and
a supplemental license in writing for each additional place
of business in such form as he may prescribe by rule or
regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of
business organization, the name and address of the
proprietor or of each partner, member, officer, director,
trustee or manager;
3. In the case of an original license, the
established place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The make or makes of new vehicles which the
licensee is licensed to sell.
(f) The appropriate instrument evidencing the license or
a certified copy thereof, provided by the Secretary of State,
shall be kept posted conspicuously in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) hereof, all new
vehicle dealer's licenses granted under this Section shall
expire by operation of law on December 31 of the calendar
year for which they are granted unless sooner revoked or
cancelled under the provisions of Section 5-501 of this
Chapter.
(h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage under an approved bond under
the "Retailers' Occupation Tax Act" or proof that applicant
is not subject to such bonding requirements, as in the case
of an original license, but in case an application for the
renewal of an effective license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
(i) All persons licensed as a new vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's
statement of origin and in the case of a used motor
vehicle a certificate of title, in either case properly
assigned to the purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on
the certificate of title or manufacturer's statement of
origin;
3. A bill of sale properly executed on behalf of
such person;
4. A copy of the Uniform Invoice-transaction
reporting return referred to in Section 5-402 hereof;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty
has been reinstated, a copy of the warranty.
(j) Except at the time of sale or repossession of the
vehicle, no person licensed as a new vehicle dealer may issue
any other person a newly created key to a vehicle unless the
new vehicle dealer makes a copy of the driver's license or
State identification card of the person requesting or
obtaining the newly created key. The new vehicle dealer must
retain the copy for 30 days.
A new vehicle dealer who violates this subsection (j) is
guilty of a petty offense. Violation of this subsection (j)
is not cause to suspend, revoke, cancel, or deny renewal of
the new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the
1984 registration year and thereafter.
(Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this
Chapter), or act as an intermediary, agent or broker for any
licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he is so engaged
or intends to so engage in such business unless licensed to
do so by the Secretary of State under the provisions of this
Section.
(b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten
percent or greater ownership interest in the corporation,
setting forth the residence address of each; if the
applicant is a sole proprietorship, a partnership, an
unincorporated association, a trust, or any similar form
of business organization, the names and residence address
of the proprietor or of each partner, member, officer,
director, trustee or manager.
3. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his license. As evidence of
this fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for
registration under the Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a used vehicle dealer. The policy
must provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued
or renewed. The expiration of the insurance policy shall
not terminate the liability under the policy arising
during the period for which the policy was filed.
Trailer and mobile home dealers are exempt from this
requirement.
If the permitted user has a liability insurance
policy that provides automobile liability insurance
coverage of at least $100,000 for bodily injury to or the
death of any person, $300,000 for bodily injury to or the
death of any 2 or more persons in any one accident, and
$50,000 for damage to property, then the permitted user's
insurer shall be the primary insurer and the dealer's
insurer shall be the secondary insurer. If the permitted
user does not have a liability insurance policy that
provides automobile liability insurance coverage of at
least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any
2 or more persons in any one accident, and $50,000 for
damage to property, or does not have any insurance at
all, then the dealer's insurer shall be the primary
insurer and the permitted user's insurer shall be the
secondary insurer.
When a permitted user is "test driving" a used
vehicle dealer's automobile, the used vehicle dealer's
insurance shall be primary and the permitted user's
insurance shall be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle
dealer or an employee of the used vehicle dealer, drives
a vehicle owned and held for sale or lease by the used
vehicle dealer which the person is considering to
purchase or lease, in order to evaluate the performance,
reliability, or condition of the vehicle. The term
"permitted user" also includes a person who, with the
permission of the used vehicle dealer, drives a vehicle
owned or held for sale or lease by the used vehicle
dealer for loaner purposes while the user's vehicle is
being repaired or evaluated.
As used in this paragraph 4, "test driving" occurs
when a permitted user who, with the permission of the
used vehicle dealer or an employee of the used vehicle
dealer, drives a vehicle owned and held for sale or lease
by a used vehicle dealer that the person is considering
to purchase or lease, in order to evaluate the
performance, reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used
vehicle dealer, drives a vehicle owned or held for sale
or lease by the used vehicle dealer while the user's
vehicle is being repaired or evaluated.
5. An application for a used vehicle dealer's
license shall be accompanied by the following license
fees:
$1,000 $50 for applicant's established place of
business, and $50 $25 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of any
year, the license fee shall be $500 $25 for applicant's
established place of business plus $25 $12.50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this Section for
the 2004 licensing year and thereafter, 95% shall be
deposited into the General Revenue Fund.
6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti Theft Laws of the Illinois
Vehicle Code;
(B) The Certificate of Title Laws of the
Illinois Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Illinois Criminal Code
of 1961, Criminal Trespass to Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or
more violations, as determined in any civil or criminal
or administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
8. A bond or Certificate of Deposit in the amount
of $20,000 for each location at which the applicant
intends to act as a used vehicle dealer. The bond shall
be for the term of the license, or its renewal, for which
application is made, and shall expire not sooner than
December 31 of the year for which the license was issued
or renewed. The bond shall run to the People of the
State of Illinois, with surety by a bonding or insurance
company authorized to do business in this State. It
shall be conditioned upon the proper transmittal of all
title and registration fees and taxes (excluding taxes
under the Retailers' Occupation Tax Act) accepted by the
applicant as a used vehicle dealer.
9. Such other information concerning the business
of the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used
vehicle dealer unless such person maintains an established
place of business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable
time after receipt, examine an application submitted to him
under this Section. Unless the Secretary makes a
determination that the application submitted to him does not
conform to this Section or that grounds exist for a denial of
the application under Section 5-501 of this Chapter, he must
grant the applicant an original used vehicle dealer's license
in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or
regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of
business organization, the name and address of the
proprietor or of each partner, member, officer, director,
trustee or manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains.
(f) The appropriate instrument evidencing the license or
a certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this
Section, all used vehicle dealer's licenses granted under
this Section expire by operation of law on December 31 of the
calendar year for which they are granted unless sooner
revoked or cancelled under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the
"Retailers' Occupation Tax Act" or proof that applicant is
not subject to such bonding requirements, as in the case of
an original license, but in case an application for the
renewal of an effective license is made during the month of
December, the effective license shall remain in force until
the application for renewal is granted or denied by the
Secretary of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on
the certificate of title;
3. A bill of sale properly executed on behalf of
such person;
4. A copy of the Uniform Invoice-transaction
reporting return referred to in Section 5-402 of this
Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty
has been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling
or dealing in house trailers not his own without being
licensed as a used vehicle dealer under this Section; however
such broker shall maintain a record of the transaction
including the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection
by any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may
issue any other person a newly created key to a vehicle
unless the used vehicle dealer makes a copy of the driver's
license or State identification card of the person requesting
or obtaining the newly created key. The used vehicle dealer
must retain the copy for 30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k)
is not cause to suspend, revoke, cancel, or deny renewal of
the used vehicle dealer's license.
(Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03.)
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:.............................$60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:.................................$60
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;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification...................$50
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
7-205, 7-303, or 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........$250 $60
Other suspension..................................$70 $30
Revocation.......................................$500 $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 a similar out-of-state offense 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 a
similar out-of-state offense 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.......$500 $250
Revocation......................................$500 $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 $20 $10 fee for an original
driver's license;
(C) $5 of the $20 $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 $250 $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 $500 $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1, and $190 of
the $500 $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. $30 of the $70 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.
6. $20 of any original or renewal fee for a
commercial driver's license or commercial driver
instruction permit shall be paid into the Motor Carrier
Safety Inspection Fund.
7. The following amounts shall be paid into the
General Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any
other suspension provided in subsection (b) of this
Section; and
(C) $440 of the $500 reinstatement fee for a
first offense revocation and $310 of the $500
reinstatement fee for a second or subsequent
revocation.
(Source: P.A. 91-357, eff. 7-29-99; 91-537, eff. 8-13-99;
92-458, eff. 8-22-01.)
(625 ILCS 5/7-707)
Sec. 7-707. Payment of reinstatement fee. When an
obligor receives notice from the Secretary of State that the
suspension of driving privileges has been terminated based
upon receipt of notification from the circuit clerk of the
obligor's compliance with a court order of support, the
obligor shall pay a $70 $30 reinstatement fee to the
Secretary of State as set forth in Section 6-118 of this
Code. $30 of the $70 fee shall be deposited into the Family
Responsibility Fund. In accordance with subsection (e) of
Section 6-115 of this Code, the Secretary of State may
decline to process a renewal of a driver's license of a
person who has not paid this fee.
(Source: P.A. 92-16, eff. 6-28-01.)
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501. Franchise, Franchise Renewal, Filing and
Other Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing
Different Fee Levels. The levels of franchise, franchise
renewal, filing, and other fees for motor carriers of
property in effect, absent Commission regulations prescribing
different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for
each motor vehicle operated by a motor carrier of
property in intrastate commerce, and $2 for each motor
vehicle operated by a motor carrier of property in
interstate commerce.
(b) Filing fees: $100 for each application seeking
a Commission license or other authority, the
reinstatement of a cancelled license or authority, or
authority to establish a rate, other than by special
permission, excluding both released rate applications and
rate filings which may be investigated or suspended but
which require no prior authorization for filing; $25 for
each released rate application and each application to
register as an interstate carrier; $15 for each
application seeking special permission in regard to
rates; and $15 for each equipment lease.
(2) Adjustment of Fee Levels. The Commission may, by
rulemaking in accordance with provisions of The Illinois
Administrative Procedure Act, adjust franchise, franchise
renewal, filing, and other fees for motor carriers of
property by increasing or decreasing them from levels in
effect absent Commission regulations prescribing different
fee levels. Franchise and franchise renewal fees prescribed
by the Commission for motor carriers of property shall not
exceed:
(a) $50 for each motor vehicle operated by a
household goods carrier in intrastate commerce;
(a-5) $15 $5 for each motor vehicle operated by a
public carrier in intrastate commerce; and
(b) $7 for each motor vehicle operated by a motor
carrier of property in interstate commerce.
(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
Commission may prescribe fees for the late filing of
proof of insurance, operating reports, franchise or
franchise renewal fee applications, or other documents
required to be filed on a periodic basis with the
Commission.
(b) Late-filing Fees to Accrue Automatically.
Late-filing fees shall accrue automatically from the
filing deadline set forth in Commission regulations, and
all persons or entities required to make such filings
shall be on notice of such deadlines.
(c) Maximum Fees. Late-filing fees prescribed by
the Commission shall not exceed $100 for an initial
period, plus $10 for each day after the expiration of the
initial period. The Commission may provide for waiver of
all or part of late-filing fees accrued under this
subsection on a showing of good cause.
(d) Effect of Failure to Make Timely Filings and
Pay Late-Filing Fees. Failure of a person to file proof
of continuous insurance coverage or to make other
periodic filings required under Commission regulations
shall make licenses and registrations held by the person
subject to revocation or suspension. The licenses or
registrations cannot thereafter be returned to good
standing until after payment of all late-filing fees
accrued and not waived under this subsection.
(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
and franchise renewal fees for motor carriers of property
shall be due and payable on or before the 31st day of
December of the calendar year preceding the calendar year
for which the fees are owing, unless otherwise provided
in Commission regulations.
(b) Filing and Other Fees. Filing and other fees
(including late-filing fees) shall be due and payable on
the date of filing, or on such other date as is set forth
in Commission regulations.
(5) When Fees Returnable.
(a) Whenever an application to the Illinois
Commerce Commission is accompanied by any fee as required
by law and such application is refused or rejected, said
fee shall be returned to said applicant.
(b) The Illinois Commerce Commission may reduce by
interlineation the amount of any personal check or
corporate check or company check drawn on the account of
and delivered by any person for payment of a fee required
by the Illinois Commerce Commission.
(c) Any check altered pursuant to above shall be
endorsed by the Illinois Commerce Commission as follows:
"This check is warranted to subsequent holders and to the
drawee to be in the amount $ ."
(d) All applications to the Illinois Commerce
Commission requiring fee payment upon reprinting shall
contain the following authorization statement: "My
signature authorizes the Illinois Commerce Commission to
lower the amount of check if fee submitted exceeds
correct amount."
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05. Route Mileage Fee for Rail Carriers.
Beginning with calendar year 2004 1997, every rail carrier
shall pay to the Commission for each calendar year a route
mileage fee of $45 $37 for each route mile of railroad right
of way owned by the rail carrier in Illinois. The fee shall
be based on the number of route miles as of January 1 of the
year for which the fee is due, and the payment of the route
mileage fee shall be due by February 1 of each calendar year.
(Source: P.A. 89-699, eff. 1-16-97.)
(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10. Railroad-Highway Grade Crossing and
Grade Separation Fee. Beginning with calendar year 2004
1997, every rail carrier shall pay to the Commission for each
calendar year a fee of $28 $23 for each location at which the
rail carrier's track crosses a public road, highway, or
street, whether the crossing be at grade, by overhead
structure, or by subway. The fee shall be based on the
number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar
year.
(Source: P.A. 89-699, eff. 1-16-97.)
Section 75-85. The Boat Registration and Safety Act is
amended by changing Sections 3-2 and 3-7 as follows:
(625 ILCS 45/3-2) (from Ch. 95 1/2, par. 313-2)
Sec. 3-2. Identification number application. The owner of
each watercraft requiring numbering by this State shall file
an application for number with the Department on forms
approved by it. The application shall be signed by the owner
of the watercraft and shall be accompanied by a fee as
follows:
A. Class A (all canoes and kayaks)..... $6
B. Class 1 (all watercraft less than 16
feet in length, except canoes and kayaks)... $15
C. Class 2 (all watercraft 16 feet or
more but less than 26 feet in length except
canoes and kayaks).......................... $45 $20
D. Class 3 (all watercraft 26 feet or
more but less than 40 feet in length)....... $75 $25
E. Class 4 (all watercraft 40 feet in
length or more)............................. $100 $30
Upon receipt of the application in approved form, and
when satisfied that no tax imposed pursuant to the "Municipal
Use Tax Act" or the "County Use Tax Act" is owed, or that
such tax has been paid, the Department shall enter the same
upon the records of its office and issue to the applicant a
certificate of number stating the number awarded to the
watercraft and the name and address of the owner.
(Source: P.A. 88-91.)
(625 ILCS 45/3-7) (from Ch. 95 1/2, par. 313-7)
Sec. 3-7. Loss of certificate. Should a certificate of
number or registration expiration decal become lost,
destroyed, or mutilated beyond legibility, the owner of the
watercraft shall make application to the Department for the
replacement of the certificate or decal, giving his name,
address, and the number of his boat and shall at the same
time pay to the Department a fee of $5 $1.
(Source: P.A. 85-149.)
Section 75-90. The Illinois Controlled Substances Act is
amended by changing Section 303 as follows:
(720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Professional Regulation
shall license an applicant to manufacture, distribute or
dispense controlled substances included in Sections 204, 206,
208, 210 and 212 of this Act unless it determines that the
issuance of that license would be inconsistent with the
public interest. In determining the public interest, the
Department of Professional Regulation shall consider the
following:
(1) maintenance of effective controls against
diversion of controlled substances into other than lawful
medical, scientific, or industrial channels;
(2) compliance with applicable Federal, State and
local law;
(3) any convictions of the applicant under any law
of the United States or of any State relating to any
controlled substance;
(4) past experience in the manufacture or
distribution of controlled substances, and the existence
in the applicant's establishment of effective controls
against diversion;
(5) furnishing by the applicant of false or
fraudulent material in any application filed under this
Act;
(6) suspension or revocation of the applicant's
Federal registration to manufacture, distribute, or
dispense controlled substances as authorized by Federal
law;
(7) whether the applicant is suitably equipped with
the facilities appropriate to carry on the operation
described in his application;
(8) whether the applicant is of good moral
character or, if the applicant is a partnership,
association, corporation or other organization, whether
the partners, directors, governing committee and managing
officers are of good moral character;
(9) any other factors relevant to and consistent
with the public health and safety; and
(10) Evidence from court, medical disciplinary and
pharmacy board records and those of State and Federal
investigatory bodies that the applicant has not or does
not prescribe controlled substances within the provisions
of this Act.
(b) No license shall be granted to or renewed for any
person who has within 5 years been convicted of a wilful
violation of any law of the United States or any law of any
State relating to controlled substances, or who is found to
be deficient in any of the matters enumerated in subsections
(a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a
registrant to manufacture, distribute or dispense controlled
substances in Schedules I or II other than those specified in
the registration.
(d) Practitioners who are licensed to dispense any
controlled substances in Schedules II through V are
authorized to conduct instructional activities with
controlled substances in Schedules II through V under the law
of this State.
(e) If an applicant for registration is registered under
the Federal law to manufacture, distribute or dispense
controlled substances, upon filing a completed application
for licensure in this State and payment of all fees due
hereunder, he shall be licensed in this State to the same
extent as his Federal registration, unless, within 30 days
after completing his application in this State, the
Department of Professional Regulation notifies the applicant
that his application has not been granted. A practitioner
who is in compliance with the Federal law with respect to
registration to dispense controlled substances in Schedules
II through V need only send a current copy of that Federal
registration to the Department of Professional Regulation and
he shall be deemed in compliance with the registration
provisions of this State.
(e-5) Beginning July 1, 2003, all of the fees and fines
collected under this Section 303 shall be deposited into the
Illinois State Pharmacy Disciplinary Fund.
(f) The fee for registration as a manufacturer or
wholesale distributor of controlled substances shall be
$50.00 per year, except that the fee for registration as a
manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under
this Act shall be $15.00 per year. The expiration date and
renewal period for each controlled substance license issued
under this Act shall be set by rule.
(Source: P.A. 90-818, eff. 3-23-99.)
Section 75-92. The Business Corporation Act of 1983 is
amended by changing Sections 15.10, 15.12, 15.15, 15.45, and
15.75 as follows:
(805 ILCS 5/15.10) (from Ch. 32, par. 15.10)
Sec. 15.10. Fees for filing documents. The Secretary of
State shall charge and collect for:
(a) Filing articles of incorporation, $150 $75.
(b) Filing articles of amendment, $50 $25, unless the
amendment is a restatement of the articles of incorporation,
in which case the fee shall be $150 $100.
(c) Filing articles of merger or consolidation, $100,
but if the merger or consolidation involves more than 2
corporations, $50 for each additional corporation.
(d) Filing articles of share exchange, $100.
(e) Filing articles of dissolution, $5.
(f) Filing application to reserve a corporate name, $25.
(g) Filing a notice of transfer of a reserved corporate
name, $25.
(h) Filing statement of change of address of registered
office or change of registered agent, or both, if other than
on an annual report, $25 $5.
(i) Filing statement of the establishment of a series of
shares, $25.
(j) Filing an application of a foreign corporation for
authority to transact business in this State, $150 $75.
(k) Filing an application of a foreign corporation for
amended authority to transact business in this State, $25.
(l) Filing a copy of amendment to the articles of
incorporation of a foreign corporation holding authority to
transact business in this State, $50 $25, unless the
amendment is a restatement of the articles of incorporation,
in which case the fee shall be $150 $100.
(m) Filing a copy of articles of merger of a foreign
corporation holding a certificate of authority to transact
business in this State, $100, but if the merger involves more
than 2 corporations, $50 for each additional corporation.
(n) Filing an application for withdrawal and final
report or a copy of articles of dissolution of a foreign
corporation, $25.
(o) Filing an annual report, interim annual report, or
final transition annual report of a domestic or foreign
corporation, $75 $25.
(p) Filing an application for reinstatement of a
domestic or a foreign corporation, $200 $100.
(q) Filing an application for use of an assumed
corporate name, $150 for each year or part thereof ending in
0 or 5, $120 for each year or part thereof ending in 1 or 6,
$90 for each year or part thereof ending in 2 or 7, $60 for
each year or part thereof ending in 3 or 8, $30 for each year
or part thereof ending in 4 or 9, between the date of filing
the application and the date of the renewal of the assumed
corporate name; and a renewal fee for each assumed corporate
name, $150.
(r) To change an assumed corporate name for the period
remaining until the renewal date of the original assumed
name, $25.
(s) Filing an application for cancellation of an assumed
corporate name, $5.
(t) Filing an application to register the corporate name
of a foreign corporation, $50; and an annual renewal fee for
the registered name, $50.
(u) Filing an application for cancellation of a
registered name of a foreign corporation, $25.
(v) Filing a statement of correction, $50 $25.
(w) Filing a petition for refund or adjustment, $5.
(x) Filing a statement of election of an extended filing
month, $25.
(y) Filing any other statement or report, $5.
(Source: P.A. 92-33, eff. 7-1-01.)
(805 ILCS 5/15.12)
Sec. 15.12. Disposition of fees. Of the total money
collected for the filing of an annual report under this Act,
$15 $10 of the filing fee shall be paid into the Secretary of
State Special Services Fund. The remaining $60 $15 shall be
deposited into the General Revenue Fund in the State
Treasury.
(Source: P.A. 89-503, eff. 1-1-97.)
(805 ILCS 5/15.15) (from Ch. 32, par. 15.15)
Sec. 15.15. Miscellaneous charges. The Secretary of
State shall charge and collect; (a) For furnishing a copy or
certified copy of any document, instrument, or paper relating
to a corporation, or for a certificate, $25 50¢ per page, but
not less than $5.00 and $5 for the certificate and for
affixing the seal thereto.
(b) At the time of any service of process, notice or
demand on him or her as resident agent of a corporation, $10,
which amount may be recovered as taxable costs by the party
to the suit or action causing such service to be made if such
party prevails in the suit or action.
(Source: P.A. 83-1025.)
(805 ILCS 5/15.45) (from Ch. 32, par. 15.45)
Sec. 15.45. Rate of franchise taxes payable by domestic
corporations.
(a) The annual franchise tax payable by each domestic
corporation shall be computed at the rate of 1/12 of 1/10 of
1% for each calendar month or fraction thereof for the period
commencing on the first day of July 1983 to the first day of
the anniversary month in 1984, but in no event shall the
amount of the annual franchise tax be less than $2.08333 per
month assessed on a minimum of $25 per annum or more than
$83,333.333333 per month; commencing on January 1, 1984 to
the first day of the anniversary month in 2004 thereafter,
the annual franchise tax payable by each domestic corporation
shall be computed at the rate of 1/10 of 1% for the
12-months' period commencing on the first day of the
anniversary month or, in cases where a corporation has
established an extended filing month, the extended filing
month of the corporation, but in no event shall the amount of
the annual franchise tax be less than $25 nor more than
$1,000,000 per annum; commencing with the first anniversary
month that occurs after December, 2003, the annual franchise
tax payable by each domestic corporation shall be computed at
the rate of 1/10 of 1% for the 12-months' period commencing
on the first day of the anniversary month or, in cases where
a corporation has established an extended filing month, the
extended filing month of the corporation, but in no event
shall the amount of the annual franchise tax be less than $25
nor more than $2,000,000 per annum.
(b) The annual franchise tax payable by each domestic
corporation at the time of filing a statement of election and
interim annual report in connection with an anniversary month
prior to January, 2004 shall be computed at the rate of 1/10
of 1% for the 12 month period commencing on the first day of
the anniversary month of the corporation next following such
filing, but in no event shall the amount of the annual
franchise tax be less than $25 nor more than $1,000,000 per
annum; commencing with the first anniversary month that
occurs after December, 2003, the annual franchise tax payable
by each domestic corporation at the time of filing a
statement of election and interim annual report shall be
computed at the rate of 1/10 of 1% for the 12-month period
commencing on the first day of the anniversary month of the
corporation next following such filing, but in no event shall
the amount of the annual franchise tax be less than $25 nor
more than $2,000,000 per annum.
(c) The annual franchise tax payable at the time of
filing the final transition annual report in connection with
an anniversary month prior to January, 2004 shall be an
amount equal to (i) 1/12 of 1/10 of 1% per month of the
proportion of paid-in capital represented in this State as
shown in the final transition annual report multiplied by
(ii) the number of months commencing with the anniversary
month next following the filing of the statement of election
until, but excluding, the second extended filing month, less
the annual franchise tax theretofore paid at the time of
filing the statement of election, but in no event shall the
amount of the annual franchise tax be less than $2.08333 per
month assessed on a minimum of $25 per annum or more than
$83,333.333333 per month; commencing with the first
anniversary month that occurs after December, 2003, the
annual franchise tax payable at the time of filing the final
transition annual report shall be an amount equal to (i) 1/12
of 1/10 of 1% per month of the proportion of paid-in capital
represented in this State as shown in the final transition
annual report multiplied by (ii) the number of months
commencing with the anniversary month next following the
filing of the statement of election until, but excluding, the
second extended filing month, less the annual franchise tax
theretofore paid at the time of filing the statement of
election, but in no event shall the amount of the annual
franchise tax be less than $2.08333 per month assessed on a
minimum of $25 per annum or more than $166,666.666666 per
month.
(d) The initial franchise tax payable after January 1,
1983, but prior to January 1, 1991, by each domestic
corporation shall be computed at the rate of 1/10 of 1% for
the 12 months' period commencing on the first day of the
anniversary month in which the certificate of incorporation
is issued to the corporation under Section 2.10 of this Act,
but in no event shall the franchise tax be less than $25 nor
more than $1,000,000 per annum. The initial franchise tax
payable on or after January 1, 1991, but prior to January 1,
2004, by each domestic corporation shall be computed at the
rate of 15/100 of 1% for the 12 month period commencing on
the first day of the anniversary month in which the articles
certificate of incorporation are filed in accordance with is
issued to the corporation under Section 2.10 of this Act, but
in no event shall the initial franchise tax be less than $25
nor more than $1,000,000 per annum plus 1/20th of 1% of the
basis therefor. The initial franchise tax payable on or after
January 1, 2004, by each domestic corporation shall be
computed at the rate of 15/100 of 1% for the 12-month period
commencing on the first day of the anniversary month in which
the articles of incorporation are filed in accordance with
Section 2.10 of this Act, but in no event shall the initial
franchise tax be less than $25 nor more than $2,000,000 per
annum plus 1/10th of 1% of the basis therefor.
(e) Each additional franchise tax payable by each
domestic corporation for the period beginning January 1, 1983
through December 31, 1983 shall be computed at the rate of
1/12 of 1/10 of 1% for each calendar month or fraction
thereof, between the date of each respective increase in its
paid-in capital and its anniversary month in 1984; thereafter
until the last day of the month that is both after December
31, 1990 and the third month immediately preceding the
anniversary month in 1991, each additional franchise tax
payable by each domestic corporation shall be computed at the
rate of 1/12 of 1/10 of 1% for each calendar month, or
fraction thereof, between the date of each respective
increase in its paid-in capital and its next anniversary
month; however, if the increase occurs within the 2 month
period immediately preceding the anniversary month, the tax
shall be computed to the anniversary month of the next
succeeding calendar year. Commencing with increases in
paid-in capital that occur subsequent to both December 31,
1990 and the last day of the third month immediately
preceding the anniversary month in 1991, the additional
franchise tax payable by a domestic corporation shall be
computed at the rate of 15/100 of 1%.
(Source: P.A. 91-464, eff. 1-1-00.)
(805 ILCS 5/15.75) (from Ch. 32, par. 15.75)
Sec. 15.75. Rate of franchise taxes payable by foreign
corporations.
(a) The annual franchise tax payable by each foreign
corporation shall be computed at the rate of 1/12 of 1/10 of
1% for each calendar month or fraction thereof for the period
commencing on the first day of July 1983 to the first day of
the anniversary month in 1984, but in no event shall the
amount of the annual franchise tax be less than $2.083333 per
month based on a minimum of $25 per annum or more than
$83,333.333333 per month; commencing on January 1, 1984 to
the first day of the anniversary month in 2004, thereafter,
the annual franchise tax payable by each foreign corporation
shall be computed at the rate of 1/10 of 1% for the
12-months' period commencing on the first day of the
anniversary month or, in the case of a corporation that has
established an extended filing month, the extended filing
month of the corporation, but in no event shall the amount of
the annual franchise tax be less than $25 nor more than
$1,000,000 per annum; commencing on January 1, 2004, the
annual franchise tax payable by each foreign corporation
shall be computed at the rate of 1/10 of 1% for the 12-month
period commencing on the first day of the anniversary month
or, in the case of a corporation that has established an
extended filing month, the extended filing month of the
corporation, but in no event shall the amount of the annual
franchise tax be less than $25 nor more then $2,000,000 per
annum.
(b) The annual franchise tax payable by each foreign
corporation at the time of filing a statement of election and
interim annual report in connection with an anniversary month
prior to January, 2004 shall be computed at the rate of 1/10
of 1% for the 12 month period commencing on the first day of
the anniversary month of the corporation next following the
filing, but in no event shall the amount of the annual
franchise tax be less than $25 nor more than $1,000,000 per
annum; commencing with the first anniversary month that
occurs after December, 2003, the annual franchise tax payable
by each foreign corporation at the time of filing a statement
of election and interim annual report shall be computed at
the rate of 1/10 of 1% for the 12-month period commencing on
the first day of the anniversary month of the corporation
next following such filing, but in no event shall the amount
of the annual franchise tax be less than $25 nor more than
$2,000,000 per annum.
(c) The annual franchise tax payable at the time of
filing the final transition annual report in connection with
an anniversary month prior to January, 2004 shall be an
amount equal to (i) 1/12 of 1/10 of 1% per month of the
proportion of paid-in capital represented in this State as
shown in the final transition annual report multiplied by
(ii) the number of months commencing with the anniversary
month next following the filing of the statement of election
until, but excluding, the second extended filing month, less
the annual franchise tax theretofore paid at the time of
filing the statement of election, but in no event shall the
amount of the annual franchise tax be less than $2.083333 per
month based on a minimum of $25 per annum or more than
$83,333.333333 per month; commencing with the first
anniversary month that occurs after December, 2003, the
annual franchise tax payable at the time of filing the final
transition annual report shall be an amount equal to (i) 1/12
of 1/10 of 1% per month of the proportion of paid-in capital
represented in this State as shown in the final transition
annual report multiplied by (ii) the number of months
commencing with the anniversary month next following the
filing of the statement of election until, but excluding, the
second extended filing month, less the annual franchise tax
theretofore paid at the time of filing the statement of
election, but in no event shall the amount of the annual
franchise tax be less than $2.083333 per month based on a
minimum of $25 per annum or more than $166,666.666666 per
month.
(d) The initial franchise tax payable after January 1,
1983, but prior to January 1, 1991, by each foreign
corporation shall be computed at the rate of 1/10 of 1% for
the 12 months' period commencing on the first day of the
anniversary month in which the application for authority is
filed by the corporation under Section 13.15 of this Act, but
in no event shall the franchise tax be less than $25 nor more
than $1,000,000 per annum. Except in the case of a foreign
corporation that has begun transacting business in Illinois
prior to January 1, 1991, the initial franchise tax payable
on or after January 1, 1991, by each foreign corporation,
shall be computed at the rate of 15/100 of 1% for the
12-month 12 month period commencing on the first day of the
anniversary month in which the application for authority is
filed by the corporation under Section 13.15 of this Act, but
in no event shall the franchise tax for a taxable year
commencing prior to January 1, 2004 be less than $25 nor more
than $1,000,000 per annum plus 1/20 of 1% of the basis
therefor and in no event shall the franchise tax for a
taxable year commencing on or after January 1, 2004 be less
than $25 or more than $2,000,000 per annum plus 1/20 of 1% of
the basis therefor.
(e) Whenever the application for authority indicates
that the corporation commenced transacting business:
(1) prior to January 1, 1991, the initial franchise
tax shall be computed at the rate of 1/12 of 1/10 of 1%
for each calendar month; or
(2) after December 31, 1990, the initial franchise
tax shall be computed at the rate of 1/12 of 15/100 of 1%
for each calendar month.
(f) Each additional franchise tax payable by each
foreign corporation for the period beginning January 1, 1983
through December 31, 1983 shall be computed at the rate of
1/12 of 1/10 of 1% for each calendar month or fraction
thereof between the date of each respective increase in its
paid-in capital and its anniversary month in 1984; thereafter
until the last day of the month that is both after December
31, 1990 and the third month immediately preceding the
anniversary month in 1991, each additional franchise tax
payable by each foreign corporation shall be computed at the
rate of 1/12 of 1/10 of 1% for each calendar month, or
fraction thereof, between the date of each respective
increase in its paid-in capital and its next anniversary
month; however, if the increase occurs within the 2 month
period immediately preceding the anniversary month, the tax
shall be computed to the anniversary month of the next
succeeding calendar year. Commencing with increases in
paid-in capital that occur subsequent to both December 31,
1990 and the last day of the third month immediately
preceding the anniversary month in 1991, the additional
franchise tax payable by a foreign corporation shall be
computed at the rate of 15/100 of 1%.
(Source: P.A. 91-464, eff. 1-1-00; 92-33, eff. 7-1-01.)
Section 75-93. The Business Corporation Act of 1983 is
amended by changing Section 15.95 as follows:
(805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
Sec. 15.95. Department of Business Services Special
Operations Fund.
(a) A special fund in the State treasury known as the
Division of Corporations Special Operations Fund is renamed
the Department of Business Services Special Operations Fund.
Moneys deposited into the Fund shall, subject to
appropriation, be used by the Department of Business Services
of the Office of the Secretary of State, hereinafter
"Department", to create and maintain the capability to
perform expedited services in response to special requests
made by the public for same day or 24 hour service. Moneys
deposited into the Fund shall be used for, but not limited
to, expenditures for personal services, retirement, social
security, contractual services, equipment, electronic data
processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal
year shall not exceed $600,000 $400,000 and any amount in
excess thereof shall be transferred to the General Revenue
Fund.
(c) All fees payable to the Secretary of State under
this Section shall be deposited into the Fund. No other fees
or taxes collected under this Act shall be deposited into the
Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person or, at the
Secretary of State's discretion, by electronic means, to the
Department's Springfield Office and includes requests for
certified copies, photocopies, and certificates of good
standing or fact made to the Department's Springfield Office
in person or by telephone, or requests for certificates of
good standing or fact made in person or by telephone to the
Department's Chicago Office.
(e) Fees for expedited services shall be as follows:
Restatement of articles, $200 $100;
Merger, consolidation or exchange, $200 $100;
Articles of incorporation, $100 $50;
Articles of amendment, $100 $50;
Revocation of dissolution, $100 $50;
Reinstatement, $100 $50;
Application for authority, $100 $50;
Cumulative report of changes in issued shares or paid-in
capital, $100 $50;
Report following merger or consolidation, $100 $50;
Certificate of good standing or fact, $20 $10;
All other filings, copies of documents, annual reports
for the 3 preceding years, and copies of documents of
dissolved or revoked corporations having a file number over
5199, $50 $25.
(f) Expedited services shall not be available for a
statement of correction, a petition for refund or adjustment,
or a request involving more than 3 year's annual reports or
involving dissolved corporations with a file number below
5200.
(Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)
Section 75-95. The Medical Corporation Act is amended by
adding Section 5.1 as follows:
(805 ILCS 15/5.1 new)
Sec. 5.1. Deposit of fees and fines. Beginning July 1,
2003, all of the fees and fines collected under this Act
shall be deposited into the General Professions Dedicated
Fund.
Section 75-100. The Limited Liability Company Act is
amended by changing Sections 45-45, 50-10, and 50-15 as
follows:
(805 ILCS 180/45-45)
Sec. 45-45. Transaction of business without admission.
(a) A foreign limited liability company transacting
business in this State may not maintain a civil action in any
court of this State until the limited liability company is
admitted to transact business in this State.
(b) The failure of a foreign limited liability company
to be admitted to transact business in this State does not
impair the validity of any contract or act of the foreign
limited liability company or prevent the foreign limited
liability company from defending any civil action in any
court of this State.
(c) A foreign limited liability company, by transacting
business in this State without being admitted to do so,
appoints the Secretary of State as its agent upon whom any
notice, process, or demand may be served.
(d) A foreign limited liability company that transacts
business in this State without being admitted to do so shall
be liable to the State for the years or parts thereof during
which it transacted business in this State without being
admitted in an amount equal to all fees that would have been
imposed by this Article upon that limited liability company
had it been duly admitted, filed all reports required by this
Article, and paid all penalties imposed by this Article. If
a limited liability company fails to be admitted to do
business in this State within 60 days after it commences
transacting business in Illinois, it is liable for a penalty
of $2,000 $1,000 plus $100 $50 for each month or fraction
thereof in which it has continued to transact business in
this State without being admitted to do so. The Attorney
General shall bring proceedings to recover all amounts due
this State under this Article.
(e) A member of a foreign limited liability company is
not liable for the debts and obligations of the limited
liability company solely by reason of the company's having
transacted business in this State without being admitted to
do so.
(Source: P.A. 87-1062.)
(805 ILCS 180/50-10)
Sec. 50-10. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
(1) Fees for filing documents.
(2) Miscellaneous charges.
(3) Fees for the sale of lists of filings, copies
of any documents, and for the sale or release of any
information.
(b) The Secretary of State shall charge and collect for
all of the following:
(1) Filing articles of organization of limited
liability companies (domestic), application for admission
(foreign), and restated articles of organization
(domestic), $500 $400.
(2) Filing amendments:
(A) For other than change of registered agent
name or registered office, or both, $150 $100.
(B) For the purpose of changing the registered
agent name or registered office, or both, $35 $25.
(3) Filing articles of dissolution or application
for withdrawal, $100.
(4) Filing an application to reserve a name, $300.
(5) Renewal fee for reserved name, $100.
(6) Filing a notice of a transfer of a reserved
name, $100.
(7) Registration of a name, $300.
(8) Renewal of registration of a name, $100.
(9) Filing an application for use of an assumed
name under Section 1-20 of this Act, $150 for each year
or part thereof ending in 0 or 5, $120 for each year or
part thereof ending in 1 or 6, $90 for each year or part
thereof ending in 2 or 7, $60 for each year or part
thereof ending in 3 or 8, $30 for each year or part
thereof ending in 4 or 9, and a renewal for each assumed
name, $300.
(10) Filing an application for change of an assumed
name, $100.
(11) Filing an annual report of a limited liability
company or foreign limited liability company, $250 $200,
if filed as required by this Act, plus a penalty if
delinquent.
(12) Filing an application for reinstatement of a
limited liability company or foreign limited liability
company $500.
(13) Filing Articles of Merger, $100 plus $50 for
each party to the merger in excess of the first 2
parties.
(14) Filing an Agreement of Conversion or Statement
of Conversion, $100.
(15) Filing any other document, $100.
(c) The Secretary of State shall charge and collect all
of the following:
(1) For furnishing a copy or certified copy of any
document, instrument, or paper relating to a limited
liability company or foreign limited liability company,
$1 per page, but not less than $25, and $25 for the
certificate and for affixing the seal thereto.
(2) For the transfer of information by computer
process media to any purchaser, fees established by rule.
(Source: P.A. 92-33, eff. 7-1-01.)
(805 ILCS 180/50-15)
Sec. 50-15. Penalty.
(a) The Secretary of State shall declare any limited
liability company or foreign limited liability company to be
delinquent and not in good standing if any of the following
occur:
(1) It has failed to file its annual report and pay
the requisite fee as required by this Act before the
first day of the anniversary month in the year in which
it is due.
(2) It has failed to appoint and maintain a
registered agent in Illinois within 60 days of
notification of the Secretary of State by the resigning
registered agent.
(3) (Blank).
(b) If the limited liability company or foreign limited
liability company has not corrected the default within the
time periods prescribed by this Act, the Secretary of State
shall be empowered to invoke any of the following penalties:
(1) For failure or refusal to comply with
subsection (a) of this Section within 60 days after the
due date, a penalty of $300 $100 plus $50 for each month
or fraction thereof until returned to good standing or
until administratively dissolved by the Secretary of
State.
(2) The Secretary of State shall not file any
additional documents, amendments, reports, or other
papers relating to any limited liability company or
foreign limited liability company organized under or
subject to the provisions of this Act until any
delinquency under subsection (a) is satisfied.
(3) In response to inquiries received in the Office
of the Secretary of State from any party regarding a
limited liability company that is delinquent, the
Secretary of State may show the limited liability company
as not in good standing.
(Source: P.A. 90-424, eff. 1-1-98; 91-354, eff. 1-1-00.)
Section 75-105. The Limited Liability Company Act is
amended by changing Section 50-50 as follows:
(805 ILCS 180/50-50)
Sec. 50-50. Department of Business Services Special
Operations Fund.
(a) A special fund in the State treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Department of
Business Services of the Office of the Secretary of State,
hereinafter "Department", to create and maintain the
capability to perform expedited services in response to
special requests made by the public for same-day or 24-hour
service. Moneys deposited into the Fund shall be used for,
but not limited to, expenditures for personal services,
retirement, Social Security, contractual services, equipment,
electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal
year shall not exceed $600,000 $400,000, and any amount in
excess thereof shall be transferred to the General Revenue
Fund.
(c) All fees payable to the Secretary of State under
this Section shall be deposited into the Fund. No other fees
or charges collected under this Act shall be deposited into
the Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person or, at the
Secretary of State's discretion, by electronic means, to the
Department's Springfield Office and includes requests for
certified copies, photocopies, and certificates of good
standing made to the Department's Springfield Office in
person or by telephone, or requests for certificates of good
standing made in person or by telephone to the Department's
Chicago Office.
(e) Fees for expedited services shall be as follows:
Restated articles of organization, $200 $100;
Merger or conversion, $200 $100;
Articles of organization, $100 $50;
Articles of amendment, $100 $50;
Reinstatement, $100 $50;
Application for admission to transact business, $100 $50;
Certificate of good standing or abstract of computer
record, $20 $10;
All other filings, copies of documents, annual reports,
and copies of documents of dissolved or revoked limited
liability companies, $50 $25.
(Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)
Section 75-110. The Revised Uniform Limited Partnership
Act is amended by changing Sections 1102 and 1111 as follows:
(805 ILCS 210/1102) (from Ch. 106 1/2, par. 161-2)
Sec. 1102. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated pursuant to its authority:
(1) fees for filing documents;
(2) miscellaneous charges;
(3) fees for the sale of lists of filings, copies
of any documents, and for the sale or release of any
information.
(b) The Secretary of State shall charge and collect for:
(1) filing certificates of limited partnership
(domestic), certificates of admission (foreign), restated
certificates of limited partnership (domestic), and
restated certificates of admission (foreign), $150 $75;
(2) filing certificates to be governed by this Act,
$50 $25;
(3) filing amendments and certificates of
amendment, $50 $25;
(4) filing certificates of cancellation, $25;
(5) filing an application for use of an assumed
name pursuant to Section 108 of this Act, $150 for each
year or part thereof ending in 0 or 5, $120 for each year
or part thereof ending in 1 or 6, $90 for each year or
part thereof ending in 2 or 7, $60 for each year or part
thereof ending in 3 or 8, $30 for each year or part
thereof ending in 4 or 9, and a renewal fee for each
assumed name, $150;
(6) filing a renewal report of a domestic or
foreign limited partnership, $150 $15 if filed as
required by this Act, plus $100 penalty if delinquent;
(7) filing an application for reinstatement of a
domestic or foreign limited partnership, and for issuing
a certificate of reinstatement, $200 $100;
(8) filing any other document, $50 $5.
(c) The Secretary of State shall charge and collect:
(1) for furnishing a copy or certified copy of any
document, instrument or paper relating to a domestic
limited partnership or foreign limited partnership, $25
$.50 per page, but not less than $5, and $5 for the
certificate and for affixing the seal thereto; and
(2) for the transfer of information by computer
process media to any purchaser, fees established by rule.
(Source: P.A. 92-33, eff. 7-1-01.)
(805 ILCS 210/1111)
Sec. 1111. Department of Business Services Special
Operations Fund.
(a) A special fund in the State Treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Department of
Business Services of the Office of the Secretary of State,
hereinafter "Department", to create and maintain the
capability to perform expedited services in response to
special requests made by the public for same day or 24 hour
service. Moneys deposited into the Fund shall be used for,
but not limited to, expenditures for personal services,
retirement, social security contractual services, equipment,
electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal
year shall not exceed $600,000 $400,000 and any amount in
excess thereof shall be transferred to the General Revenue
Fund.
(c) All fees payable to the Secretary of State under
this Section shall be deposited into the Fund. No other fees
or charges collected under this Act shall be deposited into
the Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person, or at the
Secretary of State's discretion, by electronic means, to the
Department's Springfield Office or Chicago Office and
includes requests for certified copies, photocopies, and
certificates of existence or abstracts of computer record
made to the Department's Springfield Office in person or by
telephone, or requests for certificates of existence or
abstracts of computer record made in person or by telephone
to the Department's Chicago Office.
(e) Fees for expedited services shall be as follows:
Merger or conversion, $200 $100;
Certificate of limited partnership, $100 $50;
Certificate of amendment, $100 $50;
Reinstatement, $100 $50;
Application for admission to transact business, $100 $50;
Certificate of cancellation of admission, $100 $50;
Certificate of existence or abstract of computer record,
$20 $10.
All other filings, copies of documents, biennial renewal
reports, and copies of documents of canceled limited
partnerships, $50 $25.
(Source: P.A. 91-463, eff. 1-1-00; 92-33, eff. 7-1-01.)
Section 75-115. The Illinois Securities Law of 1953 is
amended by adding Section 18.1 as follows:
(815 ILCS 5/18.1 new)
Sec. 18.1. Additional fees. In addition to any other
fee that the Secretary of State may impose and collect
pursuant to the authority contained in Sections 4, 8, and 11a
of this Act, beginning on July 1, 2003 the Secretary of State
shall also collect the following additional fees:
Securities offered or sold under the Uniform
Limited Offering Exemption Pursuant to
Section 4.D of the Act.......................... $100
Registration and renewal of a dealer............ $300
Registration and renewal of an investment adviser. $200
Federal covered investment adviser notification
filing and annual notification filing........... $200
Registration and renewal of a salesperson....... $75
Registration and renewal of an investment adviser
representative and a federal covered
investment adviser representative............... $75
Investment fund shares notification filing and annual
notification filing: $800 plus $80 for each series, class, or
portfolio.
All fees collected by the Secretary of State pursuant to
this amendatory Act of the 93rd General Assembly shall be
deposited into the General Revenue Fund in the State
treasury.
ARTICLE 999
Section 999-1. Effective date. This Act, except for
Article 75, takes effect upon becoming law. Article 75 takes
effect on July 1, 2003, except as follows:
(1) The provisions of Article 75 changing Section
15.95 of the Business Corporation Act of 1983 and Section
50-50 of the Limited Liability Company Act take effect on
September 1, 2003.
(2) The provisions of Article 75 changing Sections
15.10, 15.12, 15.15, 15.45, and 15.75 of the Business
Corporation Act of 1983 and the provisions changing
Sections 45-45, 50-10, and 50-15 of the Limited Liability
Company Act take effect on December 1, 2003.
(3) The provisions of Article 75 changing Section
5.5 of the Secretary of State Act and Sections 6-118 and
7-707 of the Illinois Vehicle Code take effect on January
1, 2004.