[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0651
SB1854 Enrolled LRB9215370EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2002 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers
certain Sections that have been added or amended by more than
one Public Act. In certain cases in which a repealed Act or
Section has been replaced with a successor law, this Act
incorporates amendments to the repealed Act or Section into
the successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each
amended Section indicates the sources in the Session Laws of
Illinois that were used in the preparation of the text of
that Section. The text of the Section included in this Act
is intended to reconcile the different versions of the
Section found in the Public Acts included in the list of
sources, but may not include other versions of the Section to
be found in Public Acts not included in the list of sources.
The list of sources is not a part of the text of the Section.
(d) Public Acts 91-937 through 92-520 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking
or underscoring because no additional changes are being made
in the material that is being combined.
Section 4. The Regulatory Sunset Act is amended by
changing Sections 4.13 and 4.22 as follows:
(5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
Sec. 4.13. Acts repealed on December 31, 2002. The
following Acts are repealed on December 31, 2002:
The Environmental Health Practitioner Licensing Act.
The Naprapathic Practice Act.
The Wholesale Drug Distribution Licensing Act.
The Dietetic and Nutrition Services Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
(5 ILCS 80/4.22)
Sec. 4.22. Acts Act repealed on January 1, 2012. The
following Acts are Act is repealed on January 1, 2012:.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Professional Boxing Act.
The Real Estate Appraiser Appraisers Licensing Act of
2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02;
92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff.
1-1-02; 92-500, eff. 12-18-01; revised 12-26-01.)
(5 ILCS 80/4.12 rep.) (from Ch. 127, par. 1904.12)
Section. 5. The Regulatory Sunset Act is amended by
repealing Section 4.12.
Section 6. The Illinois Administrative Procedure Act is
amended by renumbering Section 90 (as added by P.A. 92-405)
as follows:
(5 ILCS 100/1-90)
Sec. 1-90. 90. Rulemaking.
(a) "Rulemaking" means the process and required
documentation for the adoption of Illinois Administrative
Code text.
(b) Required documentation.
(1) At the time of original proposal, rulemaking
documentation must consist of a notice page and new,
amendatory, or repealed text. New, repealed, and
amendatory text must be depicted in the manner required
by Secretary of State rule. Amendatory rulemakings must
indicate text deletion by striking through all text that
is to be omitted and must indicate text addition by
underlining all new text.
(2) At the time of adoption, documentation must
also include pages indicating the text of the new rule,
without striking and underlining, for inclusion in the
official Secretary of State records, the certification
required under Section 5-65(a), and any additional
documentation required by Secretary of State rule.
(3) For a required rulemaking adopted under Section
5-15, an emergency rulemaking under Section 5-45, or a
peremptory rulemaking under Section 5-50, the
documentation requirements of paragraphs (b)(1) and (2)
of this Section apply at the time of adoption.
(c) "Background text" means existing text of the
Illinois Administrative Code that is part of a rulemaking but
is not being amended by the rulemaking. Background text in
rulemaking documentation shall match the current text of the
Illinois Administrative Code.
(d) No material that was originally proposed in one
rulemaking may be combined with another proposed rulemaking
that was initially published without that material. However,
this does not preclude separate rulemakings from being
combined for publication at the time of adoption as
authorized by Secretary of State rule.
(Source: P.A. 92-405, eff. 8-16-01; revised 8-21-01.)
Section 7. The Freedom of Information Act is amended by
changing Sections 2 and 7 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and all other
documentary materials, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed or under the control of any
public body. "Public records" includes, but is expressly not
limited to: (i) administrative manuals, procedural rules,
and instructions to staff, unless exempted by Section 7(p) of
this Act; (ii) final opinions and orders made in the
adjudication of cases, except an educational institution's
adjudication of student or employee grievance or disciplinary
cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public
body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies;
(ix) materials containing opinions concerning the rights of
the state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; (xv)
waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code; (xvi) complaints, results of
complaints, and Department of Children and Family Services
staff findings of licensing violations at day care
facilities, provided that personal and identifying
information is not released; and (xvii) records, reports,
forms, writings, letters, memoranda, books, papers, and other
documentary information, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed, or under the control of the
Illinois Sports Facilities Authority dealing with the receipt
or expenditure of public funds or other funds of the
Authority in connection with the reconstruction, renovation,
remodeling, extension, or improvement of all or substantially
all of an existing "facility" as that term is defined in the
Illinois Sports Facilities Authority Act.
(d) "Copying" means the reproduction of any public
record by means of any photographic, electronic, mechanical
or other process, device or means.
(e) "Head of the public body" means the president,
mayor, chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body,
or such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network,
a community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
92-468, eff. 8-22-01; revised 10-10-01.)
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, computer graphic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the St. Clair County Transit District under the
Bi-State Transit Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, information that would
disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs, or
private keys intended to be used to create electronic or
digital signatures under the Electronic Commerce Security
Act.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(kk) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; revised 10-2-01.)
Section 8. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 as follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired under the optional retirement
program established under Section 15-158.2), paragraphs (2),
(3), or (5) of Section 16-106, or Article 18 of the Illinois
Pension Code; (2) any person who was receiving group
insurance coverage under this Act as of March 31, 1978 by
reason of his status as an annuitant, even though the annuity
in relation to which such coverage was provided is a
proportional annuity based on less than the minimum period of
service required for a retirement annuity in the system
involved; (3) any person not otherwise covered by this Act
who has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the Illinois Pension
Code and who is covered under a group health insurance
program sponsored by a governmental employer other than the
State of Illinois and who has irrevocably elected to waive
his or her coverage under this Act and to have his or her
spouse considered as the "annuitant" under this Act and not
as a "dependent"; or (5) an employee who retires, or has
retired, from a qualified position, as determined according
to rules promulgated by the Director, under a qualified local
government or a qualified rehabilitation facility or a
qualified domestic violence shelter or service. (For
definition of "retired employee", see (p) post).
(b-5) "New SERS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 14 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(b-6) "New SURS annuitant" means a person who (1) on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 15 of the Illinois Pension
Code, (2) has not made the election authorized under Section
15-135.1 of the Illinois Pension Code, and (3) is eligible to
participate in the basic program of group health benefits
provided for annuitants under this Act.
(b-7) "New TRS State annuitant" means a person who, on
or after July 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 16 of the Illinois Pension
Code based on service as a teacher as defined in paragraph
(2), (3), or (5) of Section 16-106 of that Code, and is
eligible to participate in the basic program of group health
benefits provided for annuitants under this Act.
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, or benefits payable under the
Workers' Compensation or Occupational Diseases Act or
benefits payable under a sick pay plan established in
accordance with Section 36 of the State Finance Act.
"Compensation" also means salary or wages paid to an employee
of any qualified local government or qualified rehabilitation
facility or a qualified domestic violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board, the Board of Examiners established under the Illinois
Public Accounting Act, and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible to be claimed as a dependent for
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped. For the health plan only, the term
"dependent" also includes any person enrolled prior to the
effective date of this Section who is dependent upon the
member to the extent that the member may claim such person as
a dependent for income tax deduction purposes; no other such
person may be enrolled. For the health plan only, the term
"dependent" also includes any person who has received after
June 30, 2000 an organ transplant and who is financially
dependent upon the member and eligible to be claimed as a
dependent for income tax purposes.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or the optional retirement
program established under Section 15-158.2) or 18, or under
paragraph (2), (3), or (5) of Section 16-106, of the Illinois
Pension Code, but such term does include persons who are
employed during the 6 month qualifying period under Article
14 of the Illinois Pension Code. Such term also includes any
person who (1) after January 1, 1966, is receiving ordinary
or accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, (2) receives total permanent
or total temporary disability under the Workers' Compensation
Act or Occupational Disease Act as a result of injuries
sustained or illness contracted in the course of employment
with the State of Illinois, or (3) is not otherwise covered
under this Act and has retired as a participating member
under Article 2 of the Illinois Pension Code but is
ineligible for the retirement annuity under Section 2-119 of
the Illinois Pension Code. However, a person who satisfies
the criteria of the foregoing definition of "employee" except
that such person is made ineligible to participate in the
State Universities Retirement System by clause (4) of
subsection (a) of Section 15-107 of the Illinois Pension Code
is also an "employee" for the purposes of this Act.
"Employee" also includes any person receiving or eligible for
benefits under a sick pay plan established in accordance with
Section 36 of the State Finance Act. "Employee" also includes
each officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a health benefits program
offered by the State of Illinois for persons eligible for the
plan.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code; and (2)
the surviving dependent of any person formerly employed by
the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SURS annuitant as defined in subsection (b-6).
(q-7) "New TRS State survivor" means a survivor, as
defined in subsection (q), whose annuity is paid under
Article 16 of the Illinois Pension Code and is based on the
death of (i) an employee who is a teacher as defined in
paragraph (2), (3), or (5) of Section 16-106 of that Code and
whose death occurs on or after July 1, 1998, or (ii) a new
TRS State annuitant as defined in subsection (b-7).
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district (including a
combination of school districts under the Intergovernmental
Cooperation Act), special district or other unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited
governmental subjects, any not-for-profit association with a
membership that primarily includes townships and township
officials, that has duties that include provision of research
service, dissemination of information, and other acts for the
purpose of improving township government, and that is funded
wholly or partly in accordance with Section 85-15 of the
Township Code; any not-for-profit corporation or association,
with a membership consisting primarily of municipalities,
that operates its own utility system, and provides research,
training, dissemination of information, or other acts to
promote cooperation between and among municipalities that
provide utility services and for the advancement of the goals
and purposes of its membership; the Southern Illinois
Collegiate Common Market, which is a consortium of higher
education institutions in Southern Illinois; and the Illinois
Association of Park Districts. "Qualified local government"
means a unit of local government approved by the Director and
participating in a program created under subsection (i) of
Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible to be claimed as a dependent
for income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code; and
(3) either (i) was a full-time employee of a
community college district or an association of community
college boards created under the Public Community College
Act (other than an employee whose last employer under
Article 15 of the Illinois Pension Code was a community
college district subject to Article VII of the Public
Community College Act) and was eligible to participate in
a group health benefit plan as an employee during the
time of employment with a community college district
(other than a community college district subject to
Article VII of the Public Community College Act) or an
association of community college boards, or (ii) is the
survivor of a person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
benefit recipient, or (C) unmarried natural or adopted
child who is (i) under age 19, or (ii) enrolled as a
full-time student in an accredited school, financially
dependent upon the community college benefit recipient,
eligible to be claimed as a dependent for income tax
purposes and under age 23, or (iii) age 19 or over and
mentally or physically handicapped.
(Source: P.A. 91-390, eff. 7-30-99; 91-395, eff. 7-30-99;
91-617, eff. 8-19-99; 92-16, eff. 6-28-01; 92-186, eff.
1-1-02; 92-204, eff. 8-1-01; revised 9-19-01.)
Section 9. The Civil Administrative Code of Illinois is
amended by changing Section 1-5 as follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. General Provisions (20 ILCS 5/1-1 and
following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Community Affairs
Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2510. Certified Audit Program Law (20 ILCS
2510/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(Source: P.A. 91-239, eff. 1-1-00; 92-16, eff. 6-28-01;
revised 10-10-01.)
Section 10. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the
Department. In addition to powers and duties otherwise
provided by law, the Department shall have the following
powers and duties:
(1) To evaluate all programs, services, and facilities
for the aged and for minority senior citizens within the
State and determine the extent to which present public or
private programs, services and facilities meet the needs of
the aged.
(2) To coordinate and evaluate all programs, services,
and facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds
made available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer
any State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf
of the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to
communities, area agencies on aging, and groups developing
local services for senior citizens and minority senior
citizens.
(7) To promote community education regarding the
problems of senior citizens and minority senior citizens
through institutes, publications, radio, television and the
local press.
(8) To cooperate with agencies of the federal government
in studies and conferences designed to examine the needs of
senior citizens and minority senior citizens and to prepare
programs and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support as may reasonably be
required by the Council and the Coordinating Committee of
State Agencies Serving Older Persons.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the
counselors presently employed by the Department's aging
network to provide Medicare beneficiaries with counseling and
advocacy in Medicare, private health insurance, and related
health care coverage plans. The Department shall report to
the General Assembly on the implementation of the training
program on or before December 1, 1986.
(14) To make a grant to an institution of higher
learning to study the feasibility of establishing and
implementing an affirmative action employment plan for the
recruitment, hiring, training and retraining of persons 60 or
more years old for jobs for which their employment would not
be precluded by law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition
of their individual contributions to either community
service, education, the performance and graphic arts, or the
labor force. The awards shall be presented to four senior
citizens and minority senior citizens selected from a list of
44 nominees compiled annually by the Department. Nominations
shall be solicited from senior citizens' service providers,
area agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall consult with
the Coordinating Committee of State Agencies Serving Older
Persons to determine which of the nominees shall be the
recipient in each category of community service. The
Department shall establish a central location within the
State to be designated as the Senior Illinoisans Hall of Fame
for the public display of all the annual awards, or replicas
thereof.
(16) To establish multipurpose senior centers through
area agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging,
the establishment and funding to begin in such areas of the
State as the Department shall designate by rule and as
specifically appropriated funds become available.
(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent
counseling services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which
may be used by physicians licensed to practice medicine in
all of its branches pursuant to the Medical Practice Act of
1987, pharmacists licensed pursuant to the Pharmacy Practice
Act of 1987, and Illinois residents 65 years of age or older
for the purpose of assisting physicians, pharmacists, and
patients in monitoring prescriptions provided by various
physicians and to aid persons 65 years of age or older in
complying with directions for proper use of pharmaceutical
prescriptions. The pamphlet may provide space for recording
information including but not limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing
pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists
Association and senior citizens organizations. The
Department shall distribute the pamphlets to physicians,
pharmacists and persons 65 years of age or older or various
senior citizen organizations throughout the State.
(19) To conduct a study by April 1, 1994 of the
feasibility of implementing the Senior Companion Program
throughout the State for the fiscal year beginning July 1,
1994.
(20) With respect to contracts in effect on July 1,
1994, the Department shall increase the grant amounts so that
the reimbursement rates paid through the community care
program for chore housekeeping services and homemakers are at
the same rate, which shall be the higher of the 2 rates
currently paid. With respect to all contracts entered into,
renewed, or extended on or after July 1, 1994, the
reimbursement rates paid through the community care program
for chore housekeeping services and homemakers shall be the
same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury
that is hereby created, and in accordance with State and
federal guidelines and the intrastate funding formula, to
make grants to area agencies on aging, designated by the
Department, for the sole purpose of delivering meals to
homebound persons 60 years of age and older.
(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and
cold, flooding, tornadoes, electrical storms, and other
severe storm weather. The information shall include all
necessary instructions for safety and all emergency telephone
numbers of organizations that will provide additional
information and assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold
public hearings on the proposed guidelines for public
comment, suggestion, and determination of public interest.
The guidelines shall be based on the findings of other states
and of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall
offer guidelines for all aspects of the programs including,
but not limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program
clients;
(h) accountability and assurance that services will
be available to individuals who have earned service
credits; and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines
to the General Assembly by July 1, 1998.
(Source: P.A. 89-249, eff. 8-4-95; 89-580, eff. 1-1-97;
90-251, eff. 1-1-98; revised 12-07-01.)
Section 11. The Children and Family Services Act is
amended by changing Section 7 and setting forth and
renumbering multiple versions of Section 5d as follows:
(20 ILCS 505/5d)
Sec. 5d. The Direct Child Welfare Service Employee
License Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service
Employee License Board.
(2) "Director" means the Director of Children and
Family Services.
(b) The Direct Child Welfare Service Employee License
Board is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a
chairperson and vice-chairperson of the Board. The
membership of the Board must be composed as follows: (i) 5
licensed professionals from the field of human services with
a human services degree or equivalent course work as required
by rule of the Department and who are in good standing within
their profession, at least 2 of which must be employed in the
private not-for-profit sector and at least one of which in
the public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession and (iii) 2 members of the
general public who are not licensed under this Act or a
similar rule and will represent consumer interests.
In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members
to serve for a term of 2 years, and 3 members to serve for a
term of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve
3-year terms, or until their successors are appointed and
qualified. Appointments to fill unexpired vacancies shall be
made in the same manner as original appointments. No member
may be reappointed if a reappointment would cause that member
to serve on the Board for longer than 6 consecutive years.
Board membership must have reasonable representation from
different geographic areas of Illinois, and all members must
be residents of this State.
The Director may terminate the appointment of any member
for good cause, including but not limited to (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse himself or herself
when required by subsection (c) of this Section or Department
rule, or (iii) failure to maintain the professional position
required by Department rule. No member of the Board may have
a pending or indicated report of child abuse or neglect or a
pending complaint or criminal conviction of any of the
offenses set forth in paragraph (b) of Section 4.2 of the
Child Care Act of 1969.
The members of the Board shall receive no compensation
for the performance of their duties as members, but each
member shall be reimbursed for his or her reasonable and
necessary expenses incurred in attending the meetings of the
Board.
(c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee
of a child welfare agency at which the Board member is an
employee or contractual employee. The Board shall make a
final determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's
rules. Upon notification of the manner of the vote to all the
members, votes on a final determination may be cast in
person, by telephonic or electronic means, or by mail at the
discretion of the chairperson. A simple majority of the
members appointed and serving is required when Board members
vote by mail or by telephonic or electronic means. A
majority of the currently appointed and serving Board members
constitutes a quorum. A majority of a quorum is required
when a recommendation is voted on during a Board meeting. A
vacancy in the membership of the Board shall not impair the
right of a quorum to perform all the duties of the Board.
Board members are not personally liable in any action based
upon a disciplinary proceeding or otherwise for any action
taken in good faith as a member of the Board.
(d) The Director may assign Department employees to
provide staffing services to the Board. The Department must
promulgate any rules necessary to implement and administer
the requirements of this Section.
(Source: P.A. 92-471, eff. 8-22-01.)
(20 ILCS 505/5e)
Sec. 5e. 5d. Advocacy Office for Children and Families.
The Department of Children and Family Services shall
establish and maintain an Advocacy Office for Children and
Families that shall, in addition to other duties assigned by
the Director, receive and respond to complaints that may be
filed by children, parents, caretakers, and relatives of
children receiving child welfare services from the Department
of Children and Family Services or its agents. The
Department shall promulgate policies and procedures for
filing, processing, investigating, and resolving the
complaints. The Department shall make a final report to the
complainant of its findings. If a final report is not
completed, the Department shall report on its disposition
every 30 days. The Advocacy Office shall include a statewide
toll-free telephone number that may be used to file
complaints, or to obtain information about the delivery of
child welfare services by the Department or its agents. This
telephone number shall be included in all appropriate notices
and handbooks regarding services available through the
Department.
(Source: P.A. 92-334, eff. 8-10-01; revised 10-17-01.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly or
disabled person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though
the person is not related to the child, when the child and
its sibling are placed together with that person. A relative
with whom a child is placed pursuant to this subsection may,
but is not required to, apply for licensure as a foster
family home pursuant to the Child Care Act of 1969; provided,
however, that as of July 1, 1995, foster care payments shall
be made only to licensed foster family homes pursuant to the
terms of Section 5 of this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met in making a family foster care placement.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only
if race, color, or national origin is identified as a
legitimate factor in advancing the child's best interests
shall it be considered. Race, color, or national origin
shall not be routinely considered in making a placement
decision. The Department shall make special efforts for the
diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02;
92-334, eff. 8-10-01; revised 10-15-01.)
Section 12. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-605 and 605-710 as follows:
(20 ILCS 605/605-605) (was 20 ILCS 605/46.57)
Sec. 605-605. Illinois Product and Services Exchange Law
Act.
(a) This Section may be cited as the Illinois Product
and Services Exchange Law Act.
(b) It is hereby found and declared that many large
Illinois firms and government agencies are purchasing
products and services from vendors in locations other than
Illinois, and that there is a need to assist those large
businesses and government agencies in locating Illinois
vendors who can provide those products and services of equal
quality and at comparable or lower costs; it is further found
and declared that the purchase of needed products and
services within the State by large firms and government
agencies would aid the survival and expansion of small
businesses in Illinois and help to strengthen the State's
economy.
(c) As used in this Section, "Illinois Product and
Services Exchange" means a program aimed at promoting the
purchase of goods and services produced in Illinois by firms
and government agencies within the State.
(d) The Department shall have the authority to establish
and administer an Illinois Product and Services Exchange
Program, which may include, but is not limited to, the
following powers and duties:
(1) To accept grants, loans, or appropriations from
the federal government or the State or any agency or
instrumentality thereof, and to assess fees for any
services performed under the Illinois Product and
Services Exchange Program, to carry out the Program.
(2) To form an Illinois Product and Services
Exchange Council, made up of Illinois large firms and
small firms to provide advice and counsel in directing a
statewide Product and Services Exchange Program.
(3) To publicize and advertise to Illinois firms
and government agencies the importance and benefits of
buying goods and services provided by vendors located
within the State.
(4) To secure the cooperation of Illinois' large
firms, federal, State, and local governments, non-profit
agencies, and others to carry out this program.
(5) To match the needs for products and services of
business firms and government agencies with the
capabilities of small Illinois firms that can provide
those needed goods and services.
(6) To hold purchasing agent seminars, fairs,
conferences, and workshops to aid small Illinois
businesses in obtaining contracts for goods and services
from larger firms and government agencies within the
State.
(7) To assist business firms and government
agencies to analyze their buying activities and to find
ways to carry out those activities in an effective and
economical manner, while promoting subcontract activity
with small Illinois firms.
(8) To establish manual and electronic buying
directories, including stand alone computer data bases
that list qualified vendors and procurement
opportunities.
(9) To promote through other means the use by
government agencies and large businesses of products and
services produced by small Illinois firms.
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs, approved in accordance with procedures
determined by the Department, that are aimed at assisting
small Illinois firms obtain contracts for products and
services from local government agencies and large
Illinois businesses.
(11) To develop and administer guidelines for
projects that provide assistance to the Department in
connection with the Illinois Product and Services
Exchange Program.
(Source: P.A. 91-239, eff. 1-1-00; revised 1-25-02.)
(20 ILCS 605/605-710)
Sec. 605-710. Regional tourism development
organizations.
(a) The Department may, subject to appropriation,
provide grants from the Tourism Promotion Fund for the
administrative costs of not-for-profit regional tourism
development organizations that assist the Department in
developing tourism throughout a multi-county geographical
area designated by the Department. Regional tourism
development organizations receiving funds under this Section
may be required by the Department to submit to audits of
contracts awarded by the Department to determine whether the
regional tourism development organization has performed all
contractual obligations under those contracts.
Every employee of a regional tourism development
organization receiving funds under this Section shall
disclose to the organization's governing board and to the
Department any economic interest that employee may have in
any entity with which the regional tourism development
organization has contracted or to which the regional tourism
development organization has granted funds.
(b) The Department, from moneys transferred from the
General Revenue Fund to the Tourism Promotion Fund and
appropriated from the Tourism Promotion Fund, shall first
provide funding of $5,000,000 annually to a governmental
entity with at least 2,000,000 square feet of exhibition
space that has as part of its duties the promotion of
cultural, scientific and trade exhibits and events within a
county with a population of more than 3,000,000, to be used
for any of the governmental entity's general corporate
purposes.
(Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01;
revised 9-18-01.)
Section 13. The Interagency Wetland Policy Act of 1989
is amended by changing Section 2-1 as follows:
(20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)
Sec. 2-1. Interagency Wetlands Committee. An Interagency
Wetlands Committee, chaired by the Director of Natural
Resources or his or her representative, is established. The
Directors of the following agencies, or their respective
representatives representative, shall serve as members of the
Committee:
Capital Capitol Development Board,
Department of Agriculture,
Department of Commerce and Community Affairs,
Environmental Protection Agency,
Department of Transportation, and
Historic Preservation Agency.
The Interagency Wetlands Committee shall also include 2
additional persons with relevant expertise designated by the
Director of Natural Resources.
The Interagency Wetlands Committee shall advise the
Director in the administration of this Act. This will
include:
(a) Developing rules and regulations for the
implementation and administration of this Act.
(b) Establishing guidelines for developing
individual Agency Action Plans.
(c) Developing and adopting technical procedures
for the consistent identification, delineation and
evaluation of existing wetlands and quantification of
their functional values and the evaluation of wetland
restoration or creation projects.
(d) Developing a research program for wetland
function, restoration and creation.
(e) Preparing reports, including:
(1) A biennial report to the Governor and the
General Assembly on the impact of State supported
activities on wetlands.
(2) A comprehensive report on the status of
the State's wetland resources, including
recommendations for additional programs, by January
15, 1991.
(f) Development of educational materials to promote
the protection of wetlands.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-01.)
Section 14. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-302 and 2605-555 as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when
and if available.
(2) Information detailing any charges relating to
the arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount
of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be
made available to the news media for inspection and copying
as soon as practicable, but in no event shall the time period
exceed 72 hours from the arrest. The information described
in items (3), (4), (5), and (6) of subsection (a), however,
may be withheld if it is determined that disclosure would (i)
interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any law
enforcement or correctional agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) compromise the security of any
correctional facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network,
a community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; revised 9-17-01.)
(20 ILCS 2605/2605-555)
Sec. 2605-555. Pilot program; Project Exile.
(a) The Department shall establish a Project Exile pilot
program to combat gun violence.
(b) Through the pilot program, the Department, in
coordination with local law enforcement agencies, State's
Attorneys, and United States Attorneys, shall, to the extent
possible, encourage the prosecution in federal court of all
persons who illegally use, attempt to use, or threaten to use
firearms against the person or property of another, of all
persons who use or possess a firearm in connection with a
violation of the Cannabis Control Act or the Illinois
Controlled Substances Act, all persons who have been
convicted of a felony under the laws of this State or any
other jurisdiction who possess any weapon prohibited under
Section 24-1 of the Criminal Code of 1961 or any firearm or
any firearm ammunition, and of all persons who use or possess
a firearm in connection with a violation of an order of
protection issued under the Illinois Domestic Violence Act of
1986 or Article 112A of the Code of Criminal Procedure of
1963 or in connection with the offense of domestic battery.
The program shall also encourage public outreach by law
enforcement agencies.
(c) There is created the Project Exile Fund, a special
fund in the State treasury. Moneys appropriated for the
purposes of Project Exile and moneys from any other private
or public source, including without limitation grants from
the Department of Commerce and Community Affairs, shall be
deposited into the Fund. Moneys in the Fund, subject to
appropriation, may be used by the Department of State Police
to develop and administer the Project Exile pilot program.
(d) The Department shall report to the General Assembly
by March 1, 2003 regarding the implementation and effects of
the Project Exile pilot program and shall by that date make
recommendations to the General Assembly for changes in the
program that the Department deems appropriate.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives, and with the President, the Minority Leader,
and the Secretary of the Senate, and with the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
revised 10-15-01.)
Section 15. The Criminal Identification Act is amended
by changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by an adult, and may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported except
for violations of Chapter 4, Section 11-204.1, or Section
11-501 of that Code. In addition, conservation offenses, as
defined in the Supreme Court Rule 501(c), that are classified
as Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision
for a violation of Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance, shall not
be expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
aggrieved's has name. The records of the clerk of the
circuit court clerk shall be sealed until further order of
the court upon good cause shown and the name of the aggrieved
person obliterated on the official index required to be kept
by the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index issued
by the circuit court clerk before the entry of the order.
Nothing in this Section shall limit the Department of State
Police or other criminal justice agencies or prosecutors from
listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for
moving and nonmoving traffic violations other than
convictions for violations of Chapter 4, Section 11-204.1 or
Section 11-501 of the Illinois Vehicle Code shall not be a
bar to expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the clerk of the circuit court shall promptly
mail a copy of the order to the person who was pardoned.
(c-5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse, the victim of that offense
may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the
presiding trial judge at the defendant's trial to have a
court order entered to seal the records of the clerk of the
circuit court in connection with the proceedings of the trial
court concerning that offense. However, the records of the
arresting authority and the Department of State Police
concerning the offense shall not be sealed. The court, upon
good cause shown, shall make the records of the clerk of the
circuit court in connection with the proceedings of the trial
court concerning the offense available for public inspection.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) Except as otherwise provided in subsection (c-5) of
this Section, the court shall not order the sealing or
expungement of the arrest records and records of the circuit
court clerk of any person granted supervision for or
convicted of any sexual offense committed against a minor
under 18 years of age. For the purposes of this Section,
"sexual offense committed against a minor" includes but is
not limited to the offenses of indecent solicitation of a
child or criminal sexual abuse when the victim of such
offense is under 18 years of age.
(Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
91-357, eff. 7-29-99; revised 12-3-01.)
Section 16. The Department of Veterans Affairs Act is
amended by changing Section 2 as follows:
(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
Sec. 2. Powers and duties. The Department shall have
the following powers and duties:
To perform such acts at the request of any veteran, or
his or her spouse, surviving spouse or dependents as shall be
reasonably necessary or reasonably incident to obtaining or
endeavoring to obtain for the requester any advantage,
benefit or emolument accruing or due to such person under any
law of the United States, the State of Illinois or any other
state or governmental agency by reason of the service of such
veteran, and in pursuance thereof shall:
1. Contact veterans, their survivors and dependents
and advise them of the benefits of state and federal laws
and assist them in obtaining such benefits;
2. Establish field offices and direct the
activities of the personnel assigned to such offices;
3. Create a volunteer field force of accredited
representatives, representing educational institutions,
labor organizations, veterans organizations, employers,
churches, and farm organizations;
4. Conduct informational and training services;
5. Conduct educational programs through newspapers,
periodicals and radio for the specific purpose of
disseminating information affecting veterans and their
dependents;
6. Coordinate the services and activities of all
state departments having services and resources affecting
veterans and their dependents;
7. Encourage and assist in the coordination of
agencies within counties giving service to veterans and
their dependents;
8. Cooperate with veterans organizations and other
governmental agencies;
9. Make, alter, amend and promulgate reasonable
rules and procedures for the administration of this Act;
and
10. Make and publish annual reports to the Governor
regarding the administration and general operation of the
Department; and.
11. Encourage the State to implement more programs
to address the wide range of issues faced by Persian Gulf
War Veterans, especially those who took part in combat,
by creating an official commission to further study
Persian Gulf War Diseases. The commission shall consist
of 9 members appointed as follows: the Speaker and
Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate shall each
appoint one member from the General Assembly, the
Governor shall appoint 4 members to represent veterans'
organizations, and the Department shall appoint one
member. The commission members shall serve without
compensation.
The Department may accept and hold on behalf of the
State, if for the public interest, a grant, gift, devise or
bequest of money or property to the Department made for the
general benefit of Illinois veterans, including the conduct
of informational and training services by the Department and
other authorized purposes of the Department. The Department
shall cause each grant, gift, devise or bequest to be kept as
a distinct fund and shall invest such funds in the manner
provided by the Public Funds Investment Act, as now or
hereafter amended, and shall make such reports as may be
required by the Comptroller concerning what funds are so held
and the manner in which such funds are invested. The
Department may make grants from these funds for the general
benefit of Illinois veterans. Grants from these funds,
except for the funds established under Sections 2.01a and
2.03, shall be subject to appropriation.
The Department has the power to make grants, from funds
appropriated from the Korean War Veterans National Museum and
Library Fund, to private organizations for the benefit of the
Korean War Veterans National Museum and Library.
(Source: P.A. 92-198, eff. 8-1-01; revised 9-18-01.)
Section 17. The Illinois Development Finance Authority
Act is amended by changing Section 5 as follows:
(20 ILCS 3505/5) (from Ch. 48, par. 850.05)
Sec. 5. All official acts of the Authority shall require
the approval of at least 9 members. It shall be the duty of
the Authority to promote employment within those areas of the
State duly certified from time to time by the Department of
Commerce and Community Affairs as areas of critical labor
surplus. To this end the Authority shall utilize the powers
herein conferred upon it to assist in the development and
construction or acquisition of industrial projects within
such areas of the State.
The Authority is hereby authorized to utilize its powers
with respect to prospective industrial projects to be located
at any given time within any general areas then currently
certified by the Department of Commerce and Community Affairs
as areas of critical labor surplus. In addition, upon being
requested to utilize its powers with respect to a prospective
industrial project to be located outside of any areas then
currently certified as areas of critical labor surplus, the
Authority may refer such request to the Department of
Commerce and Community Affairs for its determination as to
whether the proposed location is within any specific area of
critical labor surplus not hitherto generally certified. If
the proposed location is certified by the Department as being
within an area of critical labor surplus, the Authority may
similarly utilize its powers with respect to such prospective
industrial project.
In evaluating the eligibility of any prospective
industrial project to be located within any area of critical
labor surplus, the Authority shall consider, (1) the
financial responsibility of the prospective applicant and
user, and (2) the relationship between the amount of funds to
be provided by exercise of powers of the Authority and the
degree to which the project (A) will contribute to creation
or retention of employment, including employment in the
construction industry, (B) will contribute to the economic
development of the area in which the industrial project is
located and (C) will produce goods or services for which
there is a need or demand.
(Source: P.A. 92-212, eff. 8-2-01; revised 12-3-01.)
Section 18. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.545,
5.546, and 6z-51 as follows:
(30 ILCS 105/5.543)
Sec. 5.543. 5.545. The Energy Infrastructure Fund.
(Source: P.A. 92-12, eff. 7-1-01; revised 10-19-01.)
(30 ILCS 105/5.544)
Sec. 5.544. 5.546. The Energy Efficiency Investment Fund.
(Source: P.A. 92-12, eff. 6-30-01; revised 10-19-01.)
(30 ILCS 105/5.545)
Sec. 5.545. The Digital Divide Elimination Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(30 ILCS 105/5.546)
Sec. 5.546. The Digital Divide Elimination Infrastructure
Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(30 ILCS 105/5.547)
Sec. 5.547. 5.545. The Medical Special Purposes Trust
Fund.
(Source: P.A. 92-37, eff. 7-1-01; revised 10-19-01.)
(30 ILCS 105/5.548)
Sec. 5.548. 5.545. The Child Support Administrative
Fund.
(Source: P.A. 92-44, eff. 7-1-01; revised 19-19-01.)
(30 ILCS 105/5.552)
Sec. 5.552. 5.545. The ICCB Adult Education Fund.
(Source: P.A. 92-49, eff. 7-9-01; revised 10-19-01.)
(30 ILCS 105/5.553)
Sec. 5.553. 5.545. The Medicaid Buy-In Program Revolving
Fund.
(Source: P.A. 92-163, eff. 7-25-01; revised 10-19-01.)
(30 ILCS 105/5.554)
Sec. 5.554. 5.545. The Korean War Veterans National
Museum and Library Fund.
(Source: P.A. 92-198, eff. 8-1-01; revised 10-19-01.)
(30 ILCS 105/5.555)
Sec. 5.555. 5.545. The Corporate Headquarters Relocation
Assistance Fund.
(Source: P.A. 92-207, eff. 8-1-01; revised 10-19-01.)
(30 ILCS 105/5.556)
Sec. 5.556. 5.545. The Statewide Economic Development
Fund.
(Source: P.A. 92-208, eff. 8-2-01; revised 10-19-01.)
(30 ILCS 105/5.557)
Sec. 5.557. 5.545. The Real Estate Audit Fund.
(Source: P.A. 92-217, eff. 8-2-01; revised 10-19-01.)
(30 ILCS 105/5.558)
Sec. 5.558. 5.545. The Home Inspector Administration
Fund.
(Source: P.A. 92-239, eff. 8-3-01; revised 10-19-01.)
(30 ILCS 105/5.559)
Sec. 5.559. 5.545. 5.546. The Project Exile Fund.
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
revised 10-19-01.)
(30 ILCS 105/5.560)
Sec. 5.560. 5.545. The Illinois AgriFIRST Program Fund.
(Source: P.A. 92-346, eff. 8-14-01; revised 10-19-01.)
(30 ILCS 105/5.561)
Sec. 5.561. 5.545. The Secretary of State DUI
Administration Fund.
(Source: P.A. 92-418, eff. 8-17-01; revised 10-19-01.)
(30 ILCS 105/5.562)
Sec. 5.562. 5.545. The Illinois Future Teacher Corps
Scholarship Fund.
(Source: P.A. 92-445, eff. 8-17-01; revised 10-19-01.)
(30 ILCS 105/5.563)
Sec. 5.563. 5.545. The Illinois Animal Abuse Fund.
(Source: P.A. 92-454, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.564)
Sec. 5.564. 5.545. The Marine Corps Scholarship Fund.
(Source: P.A. 92-467, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.565)
Sec. 5.565. 5.545. The Chicago and Northeast Illinois
District Council of Carpenters Fund.
(Source: P.A. 92-477, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.566)
Sec. 5.566. 5.545. The Brownfields Site Restoration
Program Fund. Subsections (b) and (c) of Section 5 of this
Act do not apply to this Fund.
(Source: P.A. 92-486, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.567)
Sec. 5.567. 5.545. The Secretary of State Police Services
Fund.
(Source: P.A. 92-501, eff. 12-19-01; revised 12-28-01.)
(30 ILCS 105/5.568)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5.568. 5.545. The Pet Overpopulation Control Fund.
(Source: P.A. 92-520, eff. 6-1-02; revised 1-16-02.)
(30 ILCS 105/6z-51)
Sec. 6z-51. Budget Stabilization Fund.
(a) The Budget Stabilization Fund, a special fund in the
State Treasury, shall consist of moneys appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law.
(b) The State Comptroller may direct the State Treasurer
to transfer moneys from the Budget Stabilization Fund to the
General Revenue Fund in order to meet deficits resulting from
timing variations between disbursements and the receipt of
funds within a fiscal year. Any moneys so borrowed shall be
repaid by June 30 of the fiscal year in which they were
borrowed.
(Source: P.A. 92-11, eff. 6-11-01.)
(30 ILCS 105/6z-54)
Sec. 6z-54. 6z-51. The Energy Infrastructure Fund.
(a) The Energy Infrastructure Fund is created as a
special fund in the State treasury.
(b) Money in the Energy Infrastructure Fund shall, if
and when the State of Illinois issues any bonded indebtedness
for financial assistance to new electric generating
facilities, as provided in Section 605-332 of the Department
of Commerce and Community Affairs Law of the Civil
Administrative Code of Illinois, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and
payable, and for no other purpose.
In addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act, upon each delivery of
bonds issued for financial assistance to new electric
generating facilities under Section 605-332 of the Department
of Commerce and Community Affairs Law of the Civil
Administrative Code of Illinois, the State Comptroller shall
compute and certify to the State Treasurer the total amount
of principal and interest, and premium, if any, on such bonds
during the then current and each succeeding fiscal year. On
or before the last day of each month, the State Treasurer and
the State Comptroller shall transfer from the Energy
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay the aggregate
of the principal of, interest on, and premium, if any, on the
bonds payable on their next payment date, divided by the
number of monthly transfers occurring between the last
previous payment date (or the delivery date if no payment
date has yet occurred) and the next succeeding payment date.
(c) To the extent that moneys in the Energy
Infrastructure Fund, in the opinion of the Governor and the
Director of the Bureau of the Budget, are in excess of 125%
of the maximum debt service in any fiscal year, such surplus
shall, subject to appropriation, be used by the Department of
Commerce and Community Affairs for financial assistance under
other coal development programs administered by the
Department, in accordance with the rules of the Department or
for other State purposes subject to appropriation.
(Source: P.A. 92-12, eff. 7-1-01; revised 10-17-01.)
(30 ILCS 105/6z-55)
Sec. 6z-55. 6z-51. Statewide Economic Development Fund.
(a) The Statewide Economic Development Fund is created as a
special fund in the State treasury. Moneys in the Fund shall
be used, subject to appropriation, for the purpose of
statewide economic development activities.
(Source: P.A. 92-208, eff. 8-2-01; revised 10-17-01.)
Section 19. The State Real Property Leasing Act is
amended by changing Section 1.5 as follows:
(30 ILCS 562/1.5)
Sec. 1.5. Leasing to tax delinquents prohibited. A
State agency shall not lease any real property to a person
who is delinquent in paying any real property taxes on a
leasehold estate under Section 9-195 of the Property Tax
Code. If a State agency receives notice under Section 21-63
of the Property Tax Code that a lessee of property under the
agency's control is delinquent in paying property taxes, the
agency shall notify the lessee that the lessee has 60 days to
pay the delinquent taxes, plus penalties and interest, if
any, or the lease shall be terminated. If the lessee fails
to submit proof to the agency that the lessee has paid the
taxes, penalties, and interest, the agency shall terminate
the lease. A person whose lease was terminated under this
Section is not allowed to lease State-owned real property or
bid on a lease for State-owned real property for a period of
2 years after the termination of the lease.
Within 60 days after the effective date of this Act and
within 60 days after entering into an agreement to lease
State-owned real property, the State agency leasing the
State-owned real property shall notify the county clerk of
the county in which the real property is located of the name
and mailing address of the lessee.
(Source: P.A. 88-676, eff. 12-14-94; revised 12-13-01.)
Section 20. The State Property Control Act is amended by
changing Section 1.02 as follows:
(30 ILCS 605/1.02) (from Ch. 127, par. 133b3)
Sec. 1.02. "Property" means State owned property and
includes all real estate, with the exception of rights of way
for State water resource and highway improvements, traffic
signs and traffic signals, and with the exception of common
school property; and all tangible personal property with the
exception of properties specifically exempted by the
administrator, provided that any property originally
classified as real property which has been detached from its
structure shall be classified as personal property.
"Property" does not include property owned by the
Illinois Medical District Commission and leased or occupied
by others for purposes permitted under the Illinois Medical
District Act. "Property" also does not include property
owned and held by the Illinois Medical District Commission
for redevelopment.
"Property" does not include that property described under
Section 5 of Public Act 92-371 this amendatory Act of the
92nd General Assembly with respect to depositing the net
proceeds from the sale or exchange of the property as
provided in Section 10 of that this amendatory Act of the
92nd General Assembly.
(Source: P.A. 92-371, eff. 8-15-01; revised 10-9-01.)
Section 21. The Downstate Public Transportation Act is
amended by changing Section 2-2.04 as follows:
(30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
Sec. 2-2.04. "Eligible operating expenses" means all
expenses required for public transportation, including
employee wages and benefits, materials, fuels, supplies,
rental of facilities, taxes other than income taxes, payment
made for debt service (including principal and interest) on
publicly owned equipment or facilities, and any other
expenditure which is an operating expense according to
standard accounting practices for the providing of public
transportation. Eligible operating expenses shall not include
allowances: (a) for depreciation whether funded or unfunded;
(b) for amortization of any intangible costs; (c) for debt
service on capital acquired with the assistance of capital
grant funds provided by the State of Illinois; (d) for
profits or return on investment; (e) for excessive payment to
associated entities; (f) for Comprehensive Employment
Training Act expenses; (g) for costs reimbursed under
Sections 6 and 8 of the "Urban Mass Transportation Act of
1964", as amended; (h) for entertainment expenses; (i) for
charter expenses; (j) for fines and penalties; (k) for
charitable donations; (l) for interest expense on long term
borrowing and debt retirement other than on publicly owned
equipment or facilities; (m) for income taxes; or (n) for
such other expenses as the Department may determine
consistent with federal Department of Transportation
regulations or requirements.
With respect to participants other than any Metro-East
Transit District participant and those receiving federal
research development and demonstration funds pursuant to
Section 6 of the "Urban Mass Transportation Act of 1964", as
amended, during the fiscal year ending June 30, 1979, the
maximum eligible operating expenses for any such participant
in any fiscal year after Fiscal Year 1980 shall be the amount
appropriated for such participant for the fiscal year ending
June 30, 1980, plus in each year a 10% increase over the
maximum established for the preceding fiscal year. For
Fiscal Year 1980 the maximum eligible operating expenses for
any such participant shall be the amount of projected
operating expenses upon which the appropriation for such
participant for Fiscal Year 1980 is based.
With respect to participants receiving federal research
development and demonstration operating assistance funds for
operating assistance pursuant to Section 6 of the "Urban Mass
Transportation Act of 1964", as amended, during the fiscal
year ending June 30, 1979, the maximum eligible operating
expenses for any such participant in any fiscal year after
Fiscal Year 1980 shall not exceed such participant's eligible
operating expenses for the fiscal year ending June 30, 1980,
plus in each year a 10% increase over the maximum established
for the preceding fiscal year. For Fiscal Year 1980, the
maximum eligible operating expenses for any such participant
shall be the eligible operating expenses incurred during such
fiscal year, or projected operating expenses upon which the
appropriation for such participant for the Fiscal Year 1980
is based; whichever is less.
With respect to all participants other than any
Metro-East Transit District participant, the maximum eligible
operating expenses for any such participant in any fiscal
year after Fiscal Year 1985 shall be the amount appropriated
for such participant for the fiscal year ending June 30,
1985, plus in each year a 10% increase over the maximum
established for the preceding year. For Fiscal Year 1985,
the maximum eligible operating expenses for any such
participant shall be the amount of projected operating
expenses upon which the appropriation for such participant
for Fiscal Year 1985 is based.
With respect to any mass transit district participant
that has increased its district boundaries by annexing
counties since 1998 and is maintaining a level of local
financial support, including all income and revenues, equal
to or greater than the level in the State fiscal year ending
June 30, 2001, the maximum eligible operating expenses for
any State fiscal year after 2002 shall be the amount
appropriated for that participant for the State fiscal year
ending June 30, 2002, plus, in each State fiscal year, a 10%
increase over the preceding State fiscal year. For State
fiscal year 2002, the maximum eligible operating expenses for
any such participant shall be the amount of projected
operating expenses upon which the appropriation for that
participant for State fiscal year 2002 is based. For that
participant, eligible operating expenses for State fiscal
year 2002 in excess of the eligible operating expenses for
the State fiscal year ending June 30, 2001, plus 10%, must
be attributed to the provision of services in the newly
annexed counties.
With respect to a participant that receives an initial
appropriation in State fiscal year 2002, the maximum eligible
operating expenses for any State fiscal year after 2003 shall
be the amount appropriated for that participant for the State
fiscal year ending June 30, 2003, plus, in each year, a 10%
increase over the preceding year. For State fiscal year
2003, the maximum eligible operating expenses for any such
participant shall be the amount of projected operating
expenses upon which the appropriation for that participant
for State fiscal year 2003 is based. , or Fiscal Year 2002
(Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01;
revised 10-15-01.)
Section 22. The State Mandates Act is amended by
changing Sections 8.24 and 8.25 as follows:
(30 ILCS 805/8.24)
Sec. 8.24. 8.25. Exempt mandate. Notwithstanding
Sections 6 and 8 of this Act, no reimbursement by the State
is required for the implementation of any mandate created by
Public Act 91-699, 91-722, 91-834, 91-852, 91-870, 91-885,
91-887, or 91-897, 91-939, or 91-954. this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00;
91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff.
6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897,
eff. 7-6-00; 91-939, eff. 2-1-01; 91-954, eff. 1-1-02; 92-16,
eff. 6-28-01; revised 7-23-01.)
(30 ILCS 805/8.25)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by Public Act
92-36, 92-50, 92-52, 92-53, 92-166, 92-281, 92-382, 92-388,
92-416, 92-424, or 92-465. this amendatory Act of the 92nd
General Assembly.
(Source: P.A. 92-36, eff. 6-28-01; 92-50, eff. 7-12-01;
92-52, eff. 7-12-01; 92-53, eff. 7-12-01; 92-166, eff.
1-1-02; 92-281, eff. 8-7-01; 92-382, eff. 8-16-01; 92-388,
eff. 1-1-02; 92-416, eff. 8-17-01; 92-424, eff. 8-17-01;
92-465, eff. 1-1-02; revised 10-17-01.)
Section 23. The Illinois Income Tax Act is amended by
changing Sections 201, 203, 509, and 510 and setting forth
and renumbering multiple versions of Section 507V as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate
for each taxable year ending after July 31, 1969 on the
privilege of earning or receiving income in or as a resident
of this State. Such tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate,
for taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate,
for taxable years beginning prior to July 1, 1989 and
ending after June 30, 1989, an amount equal to the sum of
(i) 2 1/2% of the taxpayer's net income for the period
prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 3% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate,
for taxable years beginning after June 30, 1989, an
amount equal to 3% of the taxpayer's net income for the
taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of
the taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal
Property Tax Replacement Income Tax measured by net income on
every corporation (including Subchapter S corporations),
partnership and trust, for each taxable year ending after
June 30, 1979. Such taxes are imposed on the privilege of
earning or receiving income in or as a resident of this
State. The Personal Property Tax Replacement Income Tax
shall be in addition to the income tax imposed by subsections
(a) and (b) of this Section and in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed